100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4354

 

Introduced , by Rep. Jerry Lee Long

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB100 16397 SLF 31525 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4354LRB100 16397 SLF 31525 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    (Text of Section before amendment by P.A. 100-512 and
8100-517)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other records
21    prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.

 

 

HB4354- 2 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 3 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 4 -LRB100 16397 SLF 31525 b

1    Regional Transportation Authority under Section 2.11 of
2    the Regional Transportation Authority Act or the St. Clair
3    County Transit District under the Bi-State Transit Safety
4    Act.
5        (q) Information prohibited from being disclosed by the
6    Personnel Records Review Act.
7        (r) Information prohibited from being disclosed by the
8    Illinois School Student Records Act.
9        (s) Information the disclosure of which is restricted
10    under Section 5-108 of the Public Utilities Act.
11        (t) All identified or deidentified health information
12    in the form of health data or medical records contained in,
13    stored in, submitted to, transferred by, or released from
14    the Illinois Health Information Exchange, and identified
15    or deidentified health information in the form of health
16    data and medical records of the Illinois Health Information
17    Exchange in the possession of the Illinois Health
18    Information Exchange Authority due to its administration
19    of the Illinois Health Information Exchange. The terms
20    "identified" and "deidentified" shall be given the same
21    meaning as in the Health Insurance Portability and
22    Accountability Act of 1996, Public Law 104-191, or any
23    subsequent amendments thereto, and any regulations
24    promulgated thereunder.
25        (u) Records and information provided to an independent
26    team of experts under Brian's Law.

 

 

HB4354- 5 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 6 -LRB100 16397 SLF 31525 b

1    review team or the Illinois Fatality Review Team Advisory
2    Council under Section 15 of the Adult Protective Services
3    Act.
4        (aa) Information which is exempted from disclosure
5    under Section 2.37 of the Wildlife Code.
6        (bb) Information which is or was prohibited from
7    disclosure by the Juvenile Court Act of 1987.
8        (cc) Recordings made under the Law Enforcement
9    Officer-Worn Body Camera Act, except to the extent
10    authorized under that Act.
11        (dd) Information that is prohibited from being
12    disclosed under Section 45 of the Condominium and Common
13    Interest Community Ombudsperson Act.
14        (ee) Information that is exempted from disclosure
15    under Section 30.1 of the Pharmacy Practice Act.
16        (ff) Information that is exempted from disclosure
17    under the Revised Uniform Unclaimed Property Act.
18        (gg) (ff) Information that is prohibited from being
19    disclosed under Section 7-603.5 of the Illinois Vehicle
20    Code.
21        (hh) (ff) Records that are exempt from disclosure under
22    Section 1A-16.7 of the Election Code.
23        (ii) (ff) Information which is exempted from
24    disclosure under Section 2505-800 of the Department of
25    Revenue Law of the Civil Administrative Code of Illinois.
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

 

 

HB4354- 7 -LRB100 16397 SLF 31525 b

1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
48-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
5    (Text of Section after amendment by P.A. 100-517 but before
6amendment by P.A. 100-512)
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
24    to known or suspected cases of sexually transmissible
25    disease or any information the disclosure of which is

 

 

HB4354- 8 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 9 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 10 -LRB100 16397 SLF 31525 b

1        (q) Information prohibited from being disclosed by the
2    Personnel Records Review Act.
3        (r) Information prohibited from being disclosed by the
4    Illinois School Student Records Act.
5        (s) Information the disclosure of which is restricted
6    under Section 5-108 of the Public Utilities Act.
7        (t) All identified or deidentified health information
8    in the form of health data or medical records contained in,
9    stored in, submitted to, transferred by, or released from
10    the Illinois Health Information Exchange, and identified
11    or deidentified health information in the form of health
12    data and medical records of the Illinois Health Information
13    Exchange in the possession of the Illinois Health
14    Information Exchange Authority due to its administration
15    of the Illinois Health Information Exchange. The terms
16    "identified" and "deidentified" shall be given the same
17    meaning as in the Health Insurance Portability and
18    Accountability Act of 1996, Public Law 104-191, or any
19    subsequent amendments thereto, and any regulations
20    promulgated thereunder.
21        (u) Records and information provided to an independent
22    team of experts under Brian's Law.
23        (v) Names and information of people who have applied
24    for or received Firearm Owner's Identification Cards under
25    the Firearm Owners Identification Card Act before the
26    effective date of this amendatory Act of the 100th General

 

 

HB4354- 11 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 12 -LRB100 16397 SLF 31525 b

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) (ff) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) (ff) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) (ff) Information which is exempted from
20    disclosure under Section 2505-800 of the Department of
21    Revenue Law of the Civil Administrative Code of Illinois.
22        (jj) (ff) Information and reports that are required to
23    be submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

HB4354- 13 -LRB100 16397 SLF 31525 b

1(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
2eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
58-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
611-2-17.)
 
7    (Text of Section after amendment by P.A. 100-512)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other records
20    prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of
24    Public Health and its authorized representatives relating
25    to known or suspected cases of sexually transmissible

 

 

HB4354- 14 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 15 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 16 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 17 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 18 -LRB100 16397 SLF 31525 b

1        (aa) Information which is exempted from disclosure
2    under Section 2.37 of the Wildlife Code.
3        (bb) Information which is or was prohibited from
4    disclosure by the Juvenile Court Act of 1987.
5        (cc) Recordings made under the Law Enforcement
6    Officer-Worn Body Camera Act, except to the extent
7    authorized under that Act.
8        (dd) Information that is prohibited from being
9    disclosed under Section 45 of the Condominium and Common
10    Interest Community Ombudsperson Act.
11        (ee) Information that is exempted from disclosure
12    under Section 30.1 of the Pharmacy Practice Act.
13        (ff) Information that is exempted from disclosure
14    under the Revised Uniform Unclaimed Property Act.
15        (gg) (ff) Information that is prohibited from being
16    disclosed under Section 7-603.5 of the Illinois Vehicle
17    Code.
18        (hh) (ff) Records that are exempt from disclosure under
19    Section 1A-16.7 of the Election Code.
20        (ii) (ff) Information which is exempted from disclosure
21    under Section 2505-800 of the Department of Revenue Law of
22    the Civil Administrative Code of Illinois.
23        (jj) (ff) Information and reports that are required to
24    be submitted to the Department of Labor by registering day
25    and temporary labor service agencies but are exempt from
26    disclosure under subsection (a-1) of Section 45 of the Day

 

 

HB4354- 19 -LRB100 16397 SLF 31525 b

1    and Temporary Labor Services Act.
2        (kk) (ff) Information prohibited from disclosure under
3    the Seizure and Forfeiture Reporting Act.
4(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; revised 11-2-17.)
 
10    Section 10. The Department of State Police Law of the Civil
11Administrative Code of Illinois is amended by changing Sections
122605-45, 2605-300, and 2605-595 as follows:
 
13    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
14    Sec. 2605-45. Division of Administration. The Division of
15Administration shall exercise the following functions:
16        (1) Exercise the rights, powers, and duties vested in
17    the Department by the Governor's Office of Management and
18    Budget Act.
19        (2) Pursue research and the publication of studies
20    pertaining to local law enforcement activities.
21        (3) Exercise the rights, powers, and duties vested in
22    the Department by the Personnel Code.
23        (4) Operate an electronic data processing and computer
24    center for the storage and retrieval of data pertaining to

 

 

HB4354- 20 -LRB100 16397 SLF 31525 b

1    criminal activity.
2        (5) Exercise the rights, powers, and duties vested in
3    the former Division of State Troopers by Section 17 of the
4    State Police Act.
5        (6) Exercise the rights, powers, and duties vested in
6    the Department by "An Act relating to internal auditing in
7    State government", approved August 11, 1967 (repealed; now
8    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
9        (6.5) (Blank). Exercise the rights, powers, and duties
10    vested in the Department by the Firearm Owners
11    Identification Card Act.
12        (7) Exercise other duties that may be assigned by the
13    Director to fulfill the responsibilities and achieve the
14    purposes of the Department.
15(Source: P.A. 94-793, eff. 5-19-06.)
 
16    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
17    Sec. 2605-300. Records; crime laboratories; personnel. To
18do the following:
19        (1) Be a central repository and custodian of criminal
20    statistics for the State.
21        (2) Be a central repository for criminal history record
22    information.
23        (3) Procure and file for record information that is
24    necessary and helpful to plan programs of crime prevention,
25    law enforcement, and criminal justice.

 

 

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1        (4) Procure and file for record copies of fingerprints
2    that may be required by law.
3        (5) Establish general and field crime laboratories.
4        (6) Register and file for record information that may
5    be required by law for the issuance of firearm owner's
6    identification cards under the Firearm Owners
7    Identification Card Act and concealed carry licenses under
8    the Firearm Concealed Carry Act.
9        (7) Employ laboratory technicians and other specially
10    qualified persons to aid in the identification of criminal
11    activity, and may employ polygraph operators.
12        (8) Undertake other identification, information,
13    laboratory, statistical, or registration activities that
14    may be required by law.
15(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
16    (20 ILCS 2605/2605-595)
17    Sec. 2605-595. State Police Firearm Services Fund.
18    (a) There is created in the State treasury a special fund
19known as the State Police Firearm Services Fund. The Fund shall
20receive revenue under the Firearm Concealed Carry Act and
21Section 5 of the Firearm Owners Identification Card Act. The
22Fund may also receive revenue from grants, pass-through grants,
23donations, appropriations, and any other legal source.
24    (b) The Department of State Police may use moneys in the
25Fund to finance any of its lawful purposes, mandates,

 

 

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1functions, and duties under the Firearm Owners Identification
2Card Act and the Firearm Concealed Carry Act, including the
3cost of sending notices of expiration of Firearm Owner's
4Identification Cards, concealed carry licenses, the prompt and
5efficient processing of applications under the Firearm Owners
6Identification Card Act and the Firearm Concealed Carry Act,
7the improved efficiency and reporting of the LEADS and federal
8NICS law enforcement data systems, and support for
9investigations required under that Act these Acts and law. Any
10surplus funds beyond what is needed to comply with the
11aforementioned purposes shall be used by the Department to
12improve the Law Enforcement Agencies Data System (LEADS) and
13criminal history background check system.
14    (c) Investment income that is attributable to the
15investment of moneys in the Fund shall be retained in the Fund
16for the uses specified in this Section.
17(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
18    (20 ILCS 2605/2605-120 rep.)
19    Section 15. The Department of State Police Law of the Civil
20Administrative Code of Illinois is amended by repealing Section
212605-120.
 
22    Section 20. The Criminal Identification Act is amended by
23changing Section 2.2 as follows:
 

 

 

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1    (20 ILCS 2630/2.2)
2    Sec. 2.2. Notification to the Department. Upon judgment of
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
412-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
5Code of 2012 when the defendant has been determined, pursuant
6to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
7to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
8circuit court clerk shall include notification and a copy of
9the written determination in a report of the conviction to the
10Department of State Police Firearm Owner's Identification Card
11Office to enable the Department office to perform its duties
12under the Firearm Concealed Carry Act and Sections 4 and 8 of
13the Firearm Owners Identification Card Act and to report that
14determination to the Federal Bureau of Investigation to assist
15the Federal Bureau of Investigation in identifying persons
16prohibited from purchasing and possessing a firearm pursuant to
17the provisions of 18 U.S.C. 922. The written determination
18described in this Section shall be included in the defendant's
19record of arrest and conviction in the manner and form
20prescribed by the Department of State Police.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
22    Section 25. The State Finance Act is amended by changing
23Section 6z-99 as follows:
 
24    (30 ILCS 105/6z-99)

 

 

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1    Sec. 6z-99. The Mental Health Reporting Fund.
2    (a) There is created in the State treasury a special fund
3known as the Mental Health Reporting Fund. The Fund shall
4receive revenue under the Firearm Concealed Carry Act. The Fund
5may also receive revenue from grants, pass-through grants,
6donations, appropriations, and any other legal source.
7    (b) The Department of State Police and Department of Human
8Services shall coordinate to use moneys in the Fund to finance
9their respective duties of collecting and reporting data on
10mental health records and ensuring that mental health firearm
11possession prohibitors are enforced as set forth under the
12Firearm Concealed Carry Act and the Firearm Owners
13Identification Card Act. Any surplus in the Fund beyond what is
14necessary to ensure compliance with mental health reporting
15under that Act these Acts shall be used by the Department of
16Human Services for mental health treatment programs.
17    (c) Investment income that is attributable to the
18investment of moneys in the Fund shall be retained in the Fund
19for the uses specified in this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
21    Section 30. The Peace Officer Firearm Training Act is
22amended by changing Section 1 as follows:
 
23    (50 ILCS 710/1)  (from Ch. 85, par. 515)
24    Sec. 1. Definitions. As used in this Act:

 

 

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1    (a) "Peace officer" means (i) any person who by virtue of
2his office or public employment is vested by law with a primary
3duty to maintain public order or to make arrests for offenses,
4whether that duty extends to all offenses or is limited to
5specific offenses, and who is employed in such capacity by any
6county or municipality or (ii) any retired law enforcement
7officers qualified under federal law to carry a concealed
8weapon.
9    (a-5) "Probation officer" means a county probation officer
10authorized by the Chief Judge of the Circuit Court to carry a
11firearm as part of his or her duties under Section 12 of the
12Probation and Probation Officers Act and Section 24-2 of the
13Criminal Code of 2012.
14    (b) "Firearms" means any weapon or device defined as a
15firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
16"An Act relating to the acquisition, possession and transfer of
17firearms and firearm ammunition, to provide a penalty for the
18violation thereof and to make an appropriation in connection
19therewith", approved August 3, 1967, as amended.
20(Source: P.A. 98-725, eff. 1-1-15.)
 
21    Section 35. The School Code is amended by changing Sections
2210-22.6, 10-27.1A, and 34-8.05 as follows:
 
23    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
24    Sec. 10-22.6. Suspension or expulsion of pupils; school

 

 

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1searches.
2    (a) To expel pupils guilty of gross disobedience or
3misconduct, including gross disobedience or misconduct
4perpetuated by electronic means, pursuant to subsection (b-20)
5of this Section, and no action shall lie against them for such
6expulsion. Expulsion shall take place only after the parents
7have been requested to appear at a meeting of the board, or
8with a hearing officer appointed by it, to discuss their
9child's behavior. Such request shall be made by registered or
10certified mail and shall state the time, place and purpose of
11the meeting. The board, or a hearing officer appointed by it,
12at such meeting shall state the reasons for dismissal and the
13date on which the expulsion is to become effective. If a
14hearing officer is appointed by the board, he shall report to
15the board a written summary of the evidence heard at the
16meeting and the board may take such action thereon as it finds
17appropriate. If the board acts to expel a pupil, the written
18expulsion decision shall detail the specific reasons why
19removing the pupil from the learning environment is in the best
20interest of the school. The expulsion decision shall also
21include a rationale as to the specific duration of the
22expulsion. An expelled pupil may be immediately transferred to
23an alternative program in the manner provided in Article 13A or
2413B of this Code. A pupil must not be denied transfer because
25of the expulsion, except in cases in which such transfer is
26deemed to cause a threat to the safety of students or staff in

 

 

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1the alternative program.
2    (b) To suspend or by policy to authorize the superintendent
3of the district or the principal, assistant principal, or dean
4of students of any school to suspend pupils guilty of gross
5disobedience or misconduct, or to suspend pupils guilty of
6gross disobedience or misconduct on the school bus from riding
7the school bus, pursuant to subsections (b-15) and (b-20) of
8this Section, and no action shall lie against them for such
9suspension. The board may by policy authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend pupils
12guilty of such acts for a period not to exceed 10 school days.
13If a pupil is suspended due to gross disobedience or misconduct
14on a school bus, the board may suspend the pupil in excess of
1510 school days for safety reasons.
16    Any suspension shall be reported immediately to the parents
17or guardian of a pupil along with a full statement of the
18reasons for such suspension and a notice of their right to a
19review. The school board must be given a summary of the notice,
20including the reason for the suspension and the suspension
21length. Upon request of the parents or guardian the school
22board or a hearing officer appointed by it shall review such
23action of the superintendent or principal, assistant
24principal, or dean of students. At such review the parents or
25guardian of the pupil may appear and discuss the suspension
26with the board or its hearing officer. If a hearing officer is

 

 

HB4354- 28 -LRB100 16397 SLF 31525 b

1appointed by the board he shall report to the board a written
2summary of the evidence heard at the meeting. After its hearing
3or upon receipt of the written report of its hearing officer,
4the board may take such action as it finds appropriate. If a
5student is suspended pursuant to this subsection (b), the board
6shall, in the written suspension decision, detail the specific
7act of gross disobedience or misconduct resulting in the
8decision to suspend. The suspension decision shall also include
9a rationale as to the specific duration of the suspension. A
10pupil who is suspended in excess of 20 school days may be
11immediately transferred to an alternative program in the manner
12provided in Article 13A or 13B of this Code. A pupil must not
13be denied transfer because of the suspension, except in cases
14in which such transfer is deemed to cause a threat to the
15safety of students or staff in the alternative program.
16    (b-5) Among the many possible disciplinary interventions
17and consequences available to school officials, school
18exclusions, such as out-of-school suspensions and expulsions,
19are the most serious. School officials shall limit the number
20and duration of expulsions and suspensions to the greatest
21extent practicable, and it is recommended that they use them
22only for legitimate educational purposes. To ensure that
23students are not excluded from school unnecessarily, it is
24recommended that school officials consider forms of
25non-exclusionary discipline prior to using out-of-school
26suspensions or expulsions.

 

 

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1    (b-10) Unless otherwise required by federal law or this
2Code, school boards may not institute zero-tolerance policies
3by which school administrators are required to suspend or expel
4students for particular behaviors.
5    (b-15) Out-of-school suspensions of 3 days or less may be
6used only if the student's continuing presence in school would
7pose a threat to school safety or a disruption to other
8students' learning opportunities. For purposes of this
9subsection (b-15), "threat to school safety or a disruption to
10other students' learning opportunities" shall be determined on
11a case-by-case basis by the school board or its designee.
12School officials shall make all reasonable efforts to resolve
13such threats, address such disruptions, and minimize the length
14of suspensions to the greatest extent practicable.
15    (b-20) Unless otherwise required by this Code,
16out-of-school suspensions of longer than 3 days, expulsions,
17and disciplinary removals to alternative schools may be used
18only if other appropriate and available behavioral and
19disciplinary interventions have been exhausted and the
20student's continuing presence in school would either (i) pose a
21threat to the safety of other students, staff, or members of
22the school community or (ii) substantially disrupt, impede, or
23interfere with the operation of the school. For purposes of
24this subsection (b-20), "threat to the safety of other
25students, staff, or members of the school community" and
26"substantially disrupt, impede, or interfere with the

 

 

HB4354- 30 -LRB100 16397 SLF 31525 b

1operation of the school" shall be determined on a case-by-case
2basis by school officials. For purposes of this subsection
3(b-20), the determination of whether "appropriate and
4available behavioral and disciplinary interventions have been
5exhausted" shall be made by school officials. School officials
6shall make all reasonable efforts to resolve such threats,
7address such disruptions, and minimize the length of student
8exclusions to the greatest extent practicable. Within the
9suspension decision described in subsection (b) of this Section
10or the expulsion decision described in subsection (a) of this
11Section, it shall be documented whether other interventions
12were attempted or whether it was determined that there were no
13other appropriate and available interventions.
14    (b-25) Students who are suspended out-of-school for longer
15than 4 school days shall be provided appropriate and available
16support services during the period of their suspension. For
17purposes of this subsection (b-25), "appropriate and available
18support services" shall be determined by school authorities.
19Within the suspension decision described in subsection (b) of
20this Section, it shall be documented whether such services are
21to be provided or whether it was determined that there are no
22such appropriate and available services.
23    A school district may refer students who are expelled to
24appropriate and available support services.
25    A school district shall create a policy to facilitate the
26re-engagement of students who are suspended out-of-school,

 

 

HB4354- 31 -LRB100 16397 SLF 31525 b

1expelled, or returning from an alternative school setting.
2    (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7parent or guardian to notify school officials that a pupil
8suspended from the school bus does not have alternate
9transportation to school.
10    (c) The Department of Human Services shall be invited to
11send a representative to consult with the board at such meeting
12whenever there is evidence that mental illness may be the cause
13for expulsion or suspension.
14    (c-5) School districts shall make reasonable efforts to
15provide ongoing professional development to teachers,
16administrators, school board members, school resource
17officers, and staff on the adverse consequences of school
18exclusion and justice-system involvement, effective classroom
19management strategies, culturally responsive discipline, and
20developmentally appropriate disciplinary methods that promote
21positive and healthy school climates.
22    (d) The board may expel a student for a definite period of
23time not to exceed 2 calendar years, as determined on a
24case-by-case case by case basis. A student who is determined to
25have brought one of the following objects to school, any
26school-sponsored activity or event, or any activity or event

 

 

HB4354- 32 -LRB100 16397 SLF 31525 b

1that bears a reasonable relationship to school shall be
2expelled for a period of not less than one year:
3        (1) A firearm. For the purposes of this Section,
4    "firearm" means any gun, rifle, shotgun, weapon as defined
5    by Section 921 of Title 18 of the United States Code,
6    firearm as defined in Section 2-7.5 1.1 of the Firearm
7    Owners Identification Card Act, or firearm as defined in
8    Section 24-1 of the Criminal Code of 2012. The expulsion
9    period under this subdivision (1) may be modified by the
10    superintendent, and the superintendent's determination may
11    be modified by the board on a case-by-case basis.
12        (2) A knife, brass knuckles or other knuckle weapon
13    regardless of its composition, a billy club, or any other
14    object if used or attempted to be used to cause bodily
15    harm, including "look alikes" of any firearm as defined in
16    subdivision (1) of this subsection (d). The expulsion
17    requirement under this subdivision (2) may be modified by
18    the superintendent, and the superintendent's determination
19    may be modified by the board on a case-by-case basis.
20Expulsion or suspension shall be construed in a manner
21consistent with the Federal Individuals with Disabilities
22Education Act. A student who is subject to suspension or
23expulsion as provided in this Section may be eligible for a
24transfer to an alternative school program in accordance with
25Article 13A of the School Code.
26    (d-5) The board may suspend or by regulation authorize the

 

 

HB4354- 33 -LRB100 16397 SLF 31525 b

1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case-by-case case by case
6basis, if (i) that student has been determined to have made an
7explicit threat on an Internet website against a school
8employee, a student, or any school-related personnel, (ii) the
9Internet website through which the threat was made is a site
10that was accessible within the school at the time the threat
11was made or was available to third parties who worked or
12studied within the school grounds at the time the threat was
13made, and (iii) the threat could be reasonably interpreted as
14threatening to the safety and security of the threatened
15individual because of his or her duties or employment status or
16status as a student inside the school.
17    (e) To maintain order and security in the schools, school
18authorities may inspect and search places and areas such as
19lockers, desks, parking lots, and other school property and
20equipment owned or controlled by the school, as well as
21personal effects left in those places and areas by students,
22without notice to or the consent of the student, and without a
23search warrant. As a matter of public policy, the General
24Assembly finds that students have no reasonable expectation of
25privacy in these places and areas or in their personal effects
26left in these places and areas. School authorities may request

 

 

HB4354- 34 -LRB100 16397 SLF 31525 b

1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13    (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16    (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A of
21this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program.
25    (h) School officials shall not advise or encourage students
26to drop out voluntarily due to behavioral or academic

 

 

HB4354- 35 -LRB100 16397 SLF 31525 b

1difficulties.
2    (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen, or
5damaged property.
6    (j) Subsections (a) through (i) of this Section shall apply
7to elementary and secondary schools, charter schools, special
8charter districts, and school districts organized under
9Article 34 of this Code.
10    (k) The expulsion of children enrolled in programs funded
11under Section 1C-2 of this Code is subject to the requirements
12under paragraph (7) of subsection (a) of Section 2-3.71 of this
13Code.
14(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
15revised 9-22-17.)
 
16    (105 ILCS 5/10-27.1A)
17    Sec. 10-27.1A. Firearms in schools.
18    (a) All school officials, including teachers, guidance
19counselors, and support staff, shall immediately notify the
20office of the principal in the event that they observe any
21person in possession of a firearm on school grounds; provided
22that taking such immediate action to notify the office of the
23principal would not immediately endanger the health, safety, or
24welfare of students who are under the direct supervision of the
25school official or the school official. If the health, safety,

 

 

HB4354- 36 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 37 -LRB100 16397 SLF 31525 b

1liability that might otherwise be incurred or imposed as a
2result of making the reports. Knowingly and willfully failing
3to comply with this Section is a petty offense. A second or
4subsequent offense is a Class C misdemeanor. If the person
5found to be in possession of the firearm on school grounds is a
6minor, the law enforcement agency shall detain that minor until
7such time as the agency makes a determination pursuant to
8clause (a) of subsection (1) of Section 5-401 of the Juvenile
9Court Act of 1987, as to whether the agency reasonably believes
10that the minor is delinquent. If the law enforcement agency
11determines that probable cause exists to believe that the minor
12committed a violation of item (4) of subsection (a) of Section
1324-1 of the Criminal Code of 2012 while on school grounds, the
14agency shall detain the minor for processing pursuant to
15Section 5-407 of the Juvenile Court Act of 1987.
16    (c) On or after January 1, 1997, upon receipt of any
17written, electronic, or verbal report from any school personnel
18regarding a verified incident involving a firearm in a school
19or on school owned or leased property, including any conveyance
20owned, leased, or used by the school for the transport of
21students or school personnel, the superintendent or his or her
22designee shall report all such firearm-related incidents
23occurring in a school or on school property to the local law
24enforcement authorities immediately and to the Department of
25State Police in a form, manner, and frequency as prescribed by
26the Department of State Police.

 

 

HB4354- 38 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 39 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 40 -LRB100 16397 SLF 31525 b

1        (4) is a fugitive from justice;
2        (5) is an unlawful user of or addicted to any
3    controlled substance as defined in Section 102 of the
4    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
5    seq.);
6        (6) has been adjudicated a person with a mental
7    disability as defined in Section 6-103.1 of the Mental
8    Health and Developmental Disabilities Code 1.1 of the
9    Firearm Owners Identification Card Act; or
10        (7) is not a legal citizen of the United States.
11    (b) A person who has been granted a "relief from
12disabilities" regarding criminal convictions and indictments,
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
14845) may receive a license provided all other qualifications
15under this Act are met.
16(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
17    Section 45. The Private Detective, Private Alarm, Private
18Security, and Locksmith Act of 2004 is amended by changing
19Sections 35-30 and 35-35 as follows:
 
20    (225 ILCS 447/35-30)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 35-30. Employee requirements. All employees of a
23licensed agency, other than those exempted, shall apply for a
24permanent employee registration card. The holder of an agency

 

 

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1license issued under this Act, known in this Section as
2"employer", may employ in the conduct of his or her business
3employees under the following provisions:
4    (a) No person shall be issued a permanent employee
5registration card who:
6        (1) Is younger than 18 years of age.
7        (2) Is younger than 21 years of age if the services
8    will include being armed.
9        (3) Has been determined by the Department to be unfit
10    by reason of conviction of an offense in this or another
11    state, including registration as a sex offender, but not
12    including a traffic offense. Persons convicted of felonies
13    involving bodily harm, weapons, violence, or theft within
14    the previous 10 years shall be presumed to be unfit for
15    registration. The Department shall adopt rules for making
16    those determinations that shall afford the applicant due
17    process of law.
18        (4) Has had a license or permanent employee
19    registration card denied, suspended, or revoked under this
20    Act (i) within one year before the date the person's
21    application for permanent employee registration card is
22    received by the Department; and (ii) that refusal, denial,
23    suspension, or revocation was based on any provision of
24    this Act other than Section 40-50, item (6) or (8) of
25    subsection (a) of Section 15-10, subsection (b) of Section
26    15-10, item (6) or (8) of subsection (a) of Section 20-10,

 

 

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

 

 

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1    suspension, or revocation was based on any provision of
2    this Act other than Section 40-50, item (6) or (8) of
3    subsection (a) of Section 15-10, subsection (b) of Section
4    15-10, item (6) or (8) of subsection (a) of Section 20-10,
5    subsection (b) of Section 20-10, item (6) or (8) of
6    subsection (a) of Section 25-10, subsection (b) of Section
7    25-10, item (7) of subsection (a) of Section 30-10,
8    subsection (b) of Section 30-10, or Section 10-40.
9        (4) Any conviction of a felony or misdemeanor.
10        (5) Any declaration of incompetence by a court of
11    competent jurisdiction that has not been restored.
12        (6) Any dishonorable discharge from the armed services
13    of the United States.
14        (7) Any other information as may be required by any
15    rule of the Department to show the good character,
16    competency, and integrity of the person executing the
17    statement.
18    (c) Each applicant for a permanent employee registration
19card shall have his or her fingerprints submitted to the
20Department of State Police in an electronic format that
21complies with the form and manner for requesting and furnishing
22criminal history record information as prescribed by the
23Department of State Police. These fingerprints shall be checked
24against the Department of State Police and Federal Bureau of
25Investigation criminal history record databases now and
26hereafter filed. The Department of State Police shall charge

 

 

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

 

 

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1permanent employee registration cards shall be established by
2rule of the Department. Possession of a permanent employee
3registration card does not in any way imply that the holder of
4the card is employed by an agency unless the permanent employee
5registration card is accompanied by the employee
6identification card required by subsection (f) of this Section.
7    (e) Each employer shall maintain a record of each employee
8that is accessible to the duly authorized representatives of
9the Department. The record shall contain the following
10information:
11        (1) A photograph taken within 10 days of the date that
12    the employee begins employment with the employer. The
13    photograph shall be replaced with a current photograph
14    every 3 calendar years.
15        (2) The Employee's Statement specified in subsection
16    (b) of this Section.
17        (3) All correspondence or documents relating to the
18    character and integrity of the employee received by the
19    employer from any official source or law enforcement
20    agency.
21        (4) In the case of former employees, the employee
22    identification card of that person issued under subsection
23    (f) of this Section. Each employee record shall duly note
24    if the employee is employed in an armed capacity. Armed
25    employee files shall contain a copy of an active firearm
26    owner's identification card and a copy of an active firearm

 

 

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

 

 

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

 

 

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1    registration card, including the required fingerprint
2    receipt and fees.
3        (2) The agency has verification from the Department
4    that the applicant has no record of any criminal conviction
5    pursuant to the criminal history check conducted by the
6    Department of State Police. The agency shall maintain the
7    verification of the results of the Department of State
8    Police criminal history check as part of the employee
9    record as required under subsection (e) of this Section.
10        (3) The agency exercises due diligence to ensure that
11    the person is qualified under the requirements of the Act
12    to be issued a permanent employee registration card.
13        (4) The agency maintains a separate roster of the names
14    of all employees whose applications are currently pending
15    with the Department and submits the roster to the
16    Department on a monthly basis. Rosters are to be maintained
17    by the agency for a period of at least 24 months.
18    An agency may employ only a permanent employee applicant
19for which it either submitted a permanent employee application
20and all required forms and fees or it confirms with the
21Department that a permanent employee application and all
22required forms and fees have been submitted by another agency,
23licensee or the permanent employee and all other requirements
24of this Section are met.
25    The Department shall have the authority to revoke, without
26a hearing, the temporary authority of an individual to work

 

 

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1upon receipt of Federal Bureau of Investigation fingerprint
2data or a report of another official authority indicating a
3criminal conviction. If the Department has not received a
4temporary employee's Federal Bureau of Investigation
5fingerprint data within 120 days of the date the Department
6received the Department of State Police fingerprint data, the
7Department may, at its discretion, revoke the employee's
8temporary authority to work with 15 days written notice to the
9individual and the employing agency.
10    An agency may not employ a person in a temporary capacity
11if it knows or reasonably should have known that the person has
12been convicted of a crime under the laws of this State, has
13been convicted in another state of any crime that is a crime
14under the laws of this State, has been convicted of any crime
15in a federal court, or has been posted as an unapproved
16applicant by the Department. Notice by the Department to the
17agency, via certified mail, personal delivery, electronic
18mail, or posting on the Department's Internet site accessible
19to the agency that the person has been convicted of a crime
20shall be deemed constructive knowledge of the conviction on the
21part of the agency. The Department may adopt rules to implement
22this subsection (k).
23    (l) No person may be employed under this Section in any
24capacity if:
25        (1) the person, while so employed, is being paid by the
26    United States or any political subdivision for the time so

 

 

HB4354- 50 -LRB100 16397 SLF 31525 b

1    employed in addition to any payments he or she may receive
2    from the employer; or
3        (2) the person wears any portion of his or her official
4    uniform, emblem of authority, or equipment while so
5    employed.
6    (m) If information is discovered affecting the
7registration of a person whose fingerprints were submitted
8under this Section, the Department shall so notify the agency
9that submitted the fingerprints on behalf of that person.
10    (n) Peace officers shall be exempt from the requirements of
11this Section relating to permanent employee registration
12cards. The agency shall remain responsible for any peace
13officer employed under this exemption, regardless of whether
14the peace officer is compensated as an employee or as an
15independent contractor and as further defined by rule.
16    (o) Persons who have no access to confidential or security
17information, who do not go to a client's or prospective
18client's residence or place of business, and who otherwise do
19not provide traditional security services are exempt from
20employee registration. Examples of exempt employees include,
21but are not limited to, employees working in the capacity of
22ushers, directors, ticket takers, cashiers, drivers, and
23reception personnel. Confidential or security information is
24that which pertains to employee files, scheduling, client
25contracts, or technical security and alarm data.
26    (p) An applicant who is 21 years of age or older seeking a

 

 

HB4354- 51 -LRB100 16397 SLF 31525 b

1religious exemption to the photograph requirement of this
2Section shall furnish with the application an approved copy of
3United States Department of the Treasury Internal Revenue
4Service Form 4029. Regardless of age, an applicant seeking a
5religious exemption to this photograph requirement shall
6submit fingerprints in a form and manner prescribed by the
7Department with his or her application in lieu of a photograph.
8(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
9    (225 ILCS 447/35-35)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 35-35. Requirement of a firearm control card.
12    (a) No person shall perform duties that include the use,
13carrying, or possession of a firearm in the performance of
14those duties without complying with the provisions of this
15Section and having been issued a valid firearm control card by
16the Department.
17    (b) No employer shall employ any person to perform the
18duties for which licensure or employee registration is required
19and allow that person to carry a firearm unless that person has
20complied with all the firearm training requirements of this
21Section and has been issued a firearm control card. This Act
22permits only the following to carry firearms while actually
23engaged in the performance of their duties or while commuting
24directly to or from their places of employment: persons
25licensed as private detectives and their registered employees;

 

 

HB4354- 52 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 53 -LRB100 16397 SLF 31525 b

1    (e) Expiration and requirements for renewal of firearm
2control cards shall be determined by rule.
3    (f) The Department may, in addition to any other
4disciplinary action permitted by this Act, refuse to issue,
5suspend, or revoke a firearm control card if the applicant or
6holder has been convicted of any felony or crime involving the
7illegal use, carrying, or possession of a deadly weapon or for
8a violation of this Act or rules adopted promulgated under this
9Act. The Department shall refuse to issue or shall revoke a
10firearm control card if the applicant or holder is prohibited
11under State or federal law from possessing a firearm fails to
12possess a valid firearm owners identification card without
13hearing. The Secretary shall summarily suspend a firearm
14control card if the Secretary finds that its continued use
15would constitute an imminent danger to the public. A hearing
16shall be held before the Board within 30 days if the Secretary
17summarily suspends a firearm control card.
18    (g) Notwithstanding any other provision of this Act to the
19contrary, all requirements relating to firearms control cards
20do not apply to a peace officer.
21    (h) The Department may issue a temporary firearm control
22card pending issuance of a new firearm control card upon an
23agency's acquiring of an established armed account. An agency
24that has acquired armed employees as a result of acquiring an
25established armed account may, on forms supplied by the
26Department, request the issuance of a temporary firearm control

 

 

HB4354- 54 -LRB100 16397 SLF 31525 b

1card for each acquired employee who held a valid firearm
2control card under his or her employment with the newly
3acquired established armed account immediately preceding the
4acquiring of the account and who continues to meet all of the
5qualifications for issuance of a firearm control card set forth
6in this Act and any rules adopted under this Act. The
7Department shall, by rule, set the fee for issuance of a
8temporary firearm control card.
9    (i) The Department shall not issue a firearm control card
10to a licensed fingerprint vendor or a licensed locksmith or
11employees of a licensed fingerprint vendor agency or a licensed
12locksmith agency.
13(Source: P.A. 98-253, eff. 8-9-13.)
 
14    Section 50. The Mental Health and Developmental
15Disabilities Code is amended by changing Sections 6-103.1,
166-103.2, and 6-103.3 as follows:
 
17    (405 ILCS 5/6-103.1)
18    Sec. 6-103.1. Adjudication as a person with a mental
19disability. When a person has been adjudicated as a person with
20a mental disability as defined in Section 1.1 of the Firearm
21Owners Identification Card Act, including, but not limited to,
22an adjudication as a person with a disability as defined in
23Section 11a-2 of the Probate Act of 1975, the court shall
24direct the circuit court clerk to notify the Department of

 

 

HB4354- 55 -LRB100 16397 SLF 31525 b

1State Police, Firearm Owner's Identification (FOID) Office, in
2a form and manner prescribed by the Department of State Police,
3and shall forward a copy of the court order to the Department
4no later than 7 days after the entry of the order. Upon receipt
5of the order, the Department of State Police shall provide
6notification to the National Instant Criminal Background Check
7System. In this Section, "has been adjudicated as a mentally
8disabled person" means the person is the subject of a
9determination by a court, board, commission, or other lawful
10authority that the person, as a result of marked subnormal
11intelligence, or mental illness, mental impairment,
12incompetency, condition, or disease:
13        (1) presents a clear and present danger to himself,
14    herself, or to others;
15        (2) lacks the mental capacity to manage his or her own
16    affairs or is adjudicated a disabled person as defined in
17    Section 11a-2 of the Probate Act of 1975;
18        (3) is not guilty in a criminal case by reason of
19    insanity, mental disease or defect;
20        (3.5) is guilty but mentally ill, as provided in
21    Section 5-2-6 of the Unified Code of Corrections;
22        (4) is incompetent to stand trial in a criminal case;
23        (5) is not guilty by reason of lack of mental
24    responsibility under Articles 50a and 72b of the Uniform
25    Code of Military Justice, 10 U.S.C. 850a, 876b;
26        (6) is a sexually violent person under subsection (f)

 

 

HB4354- 56 -LRB100 16397 SLF 31525 b

1    of Section 5 of the Sexually Violent Persons Commitment
2    Act;
3        (7) is a sexually dangerous person under the Sexually
4    Dangerous Persons Act;
5        (8) is unfit to stand trial under the Juvenile Court
6    Act of 1987;
7        (9) is not guilty by reason of insanity under the
8    Juvenile Court Act of 1987;
9        (10) is subject to involuntary admission as an
10    inpatient as defined in Section 1-119 of this Code;
11        (11) is subject to involuntary admission as an
12    outpatient as defined in Section 1-119.1 of this Code;
13        (12) is subject to judicial admission as set forth in
14    Section 4-500 of this Code; or
15        (13) is subject to the provisions of the Interstate
16    Agreements on Sexually Dangerous Persons Act.
17(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
18    (405 ILCS 5/6-103.2)
19    Sec. 6-103.2. Developmental disability; notice. If a
20person 14 years old or older is determined to be a person with
21a developmental disability by a physician, clinical
22psychologist, or qualified examiner, the physician, clinical
23psychologist, or qualified examiner shall notify the
24Department of Human Services within 7 days of making the
25determination that the person has a developmental disability.

 

 

HB4354- 57 -LRB100 16397 SLF 31525 b

1The Department of Human Services shall immediately update its
2records and information relating to mental health and
3developmental disabilities, and if appropriate, shall notify
4the Department of State Police in a form and manner prescribed
5by the Department of State Police. Information disclosed under
6this Section shall remain privileged and confidential, and
7shall not be redisclosed, except as required under clause
8(e)(2) of Section 24-4.5 of the Criminal Code of 2012
9subsection (e) of Section 3.1 of the Firearm Owners
10Identification Card Act, nor used for any other purpose. The
11method of providing this information shall guarantee that the
12information is not released beyond that which is necessary for
13the purpose of this Section and shall be provided by rule by
14the Department of Human Services. The identity of the person
15reporting under this Section shall not be disclosed to the
16subject of the report.
17    The physician, clinical psychologist, or qualified
18examiner making the determination and his or her employer may
19not be held criminally, civilly, or professionally liable for
20making or not making the notification required under this
21Section, except for willful or wanton misconduct.
22    In this Section, "developmentally disabled" has the
23meaning ascribed to it in Section 12 of the Mental Health and
24Developmental Disabilities Confidentiality Act.
25    For purposes of this Section, "developmental disability"
26means a disability which is attributable to any other condition

 

 

HB4354- 58 -LRB100 16397 SLF 31525 b

1which results in impairment similar to that caused by an
2intellectual disability and which requires services similar to
3those required by intellectually disabled persons. The
4disability must originate before the age of 18 years, be
5expected to continue indefinitely, and constitute a
6substantial disability. This disability results, in the
7professional opinion of a physician, clinical psychologist, or
8qualified examiner, in significant functional limitations in 3
9or more of the following areas of major life activity:
10        (i) self-care;
11        (ii) receptive and expressive language;
12        (iii) learning;
13        (iv) mobility; or
14        (v) self-direction.
15    "Determined to be a person with a developmental disability
16by a physician, clinical psychologist, or qualified examiner"
17means in the professional opinion of the physician, clinical
18psychologist, or qualified examiner, a person is diagnosed,
19assessed, or evaluated as having a developmental disability.
20(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
21eff. 7-27-15; 99-642, eff. 7-28-16.)
 
22    (405 ILCS 5/6-103.3)
23    Sec. 6-103.3. Clear and present danger; notice. If a person
24is determined to pose a clear and present danger to himself,
25herself, or to others by a physician, clinical psychologist, or

 

 

HB4354- 59 -LRB100 16397 SLF 31525 b

1qualified examiner, whether employed by the State, by any
2public or private mental health facility or part thereof, or by
3a law enforcement official or a school administrator, then the
4physician, clinical psychologist, qualified examiner shall
5notify the Department of Human Services and a law enforcement
6official or school administrator shall notify the Department of
7State Police, within 24 hours of making the determination that
8the person poses a clear and present danger. The Department of
9Human Services shall immediately update its records and
10information relating to mental health and developmental
11disabilities, and if appropriate, shall notify the Department
12of State Police in a form and manner prescribed by the
13Department of State Police. Information disclosed under this
14Section shall remain privileged and confidential, and shall not
15be redisclosed, except as required under clause (e)(2) of
16Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
17Section 3.1 of the Firearm Owners Identification Card Act, nor
18used for any other purpose. The method of providing this
19information shall guarantee that the information is not
20released beyond that which is necessary for the purpose of this
21Section and shall be provided by rule by the Department of
22Human Services. The identity of the person reporting under this
23Section shall not be disclosed to the subject of the report.
24The physician, clinical psychologist, qualified examiner, law
25enforcement official, or school administrator making the
26determination and his or her employer shall not be held

 

 

HB4354- 60 -LRB100 16397 SLF 31525 b

1criminally, civilly, or professionally liable for making or not
2making the notification required under this Section, except for
3willful or wanton misconduct. This Section does not apply to a
4law enforcement official, if making the notification under this
5Section will interfere with an ongoing or pending criminal
6investigation.
7    For the purposes of this Section:
8        "Clear and present danger" means a person who:
9            (1) communicates a serious threat of physical
10        violence against a reasonably identifiable victim or
11        poses a clear and imminent risk of serious physical
12        injury to himself, herself, or another person as
13        determined by a physician, clinical psychologist, or
14        qualified examiner; or
15            (2) demonstrates threatening physical or verbal
16        behavior, such as violent, suicidal, or assaultive
17        threats, actions, or other behavior, as determined by a
18        physician, clinical psychologist, qualified examiner,
19        school administrator, or law enforcement official.
20        "Physician", "clinical psychologist", and "qualified
21    examiner" have the meanings ascribed to them in this Code
22    has the meaning ascribed to it in Section 1.1 of the
23    Firearm Owners Identification Card Act.
24        "Determined to pose a clear and present danger to
25    himself, herself, or to others by a physician, clinical
26    psychologist, or qualified examiner" means in the

 

 

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1    professional opinion of the physician, clinical
2    psychologist, or qualified examiner, a person poses a clear
3    and present danger.
4        "School administrator" means the person required to
5    report under the School Administrator Reporting of Mental
6    Health Clear and Present Danger Determinations Law.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
8    Section 55. The Lead Poisoning Prevention Act is amended by
9changing Section 2 as follows:
 
10    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
11    Sec. 2. Definitions. As used in this Act:
12    "Child care facility" means any structure used by a child
13care provider licensed by the Department of Children and Family
14Services or public or private school structure frequented by
15children 6 years of age or younger.
16    "Childhood Lead Risk Questionnaire" means the
17questionnaire developed by the Department for use by physicians
18and other health care providers to determine risk factors for
19children 6 years of age or younger residing in areas designated
20as low risk for lead exposure.
21    "Delegate agency" means a unit of local government or
22health department approved by the Department to carry out the
23provisions of this Act.
24    "Department" means the Department of Public Health.

 

 

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1    "Director" means the Director of Public Health.
2    "Dwelling unit" means an individual unit within a
3residential building used as living quarters for one household.
4    "Elevated blood lead level" means a blood lead level in
5excess of those considered within the permissible limits as
6established under State and federal rules.
7    "Exposed surface" means any interior or exterior surface of
8a regulated facility.
9    "High risk area" means an area in the State determined by
10the Department to be high risk for lead exposure for children 6
11years of age or younger. The Department may consider, but is
12not limited to, the following factors to determine a high risk
13area: age and condition (using Department of Housing and Urban
14Development definitions of "slum" and "blighted") of housing,
15proximity to highway traffic or heavy local traffic or both,
16percentage of housing determined as rental or vacant, proximity
17to industry using lead, established incidence of elevated blood
18lead levels in children, percentage of population living below
19200% of federal poverty guidelines, and number of children
20residing in the area who are 6 years of age or younger.
21    "Lead abatement" means any approved work practices that
22will permanently eliminate lead exposure or remove the
23lead-bearing substances in a regulated facility. The
24Department shall establish by rule which work practices are
25approved or prohibited for lead abatement.
26    "Lead abatement contractor" means any person or entity

 

 

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1licensed by the Department to perform lead abatement and
2mitigation.
3    "Lead abatement supervisor" means any person employed by a
4lead abatement contractor and licensed by the Department to
5perform lead abatement and lead mitigation and to supervise
6lead workers who perform lead abatement and lead mitigation.
7    "Lead abatement worker" means any person employed by a lead
8abatement contractor and licensed by the Department to perform
9lead abatement and mitigation.
10    "Lead activities" means the conduct of any lead services,
11including, lead inspection, lead risk assessment, lead
12mitigation, or lead abatement work or supervision in a
13regulated facility.
14    "Lead-bearing substance" means any item containing or
15coated with lead such that the lead content is more than
16six-hundredths of one percent (0.06%) lead by total weight; or
17any dust on surfaces or in furniture or other nonpermanent
18elements of the regulated facility; or any paint or other
19surface coating material containing more than five-tenths of
20one percent (0.5%) lead by total weight (calculated as lead
21metal) in the total non-volatile content of liquid paint; or
22lead-bearing substances containing greater than one milligram
23per square centimeter or any lower standard for lead content in
24residential paint as may be established by federal law or rule;
25or more than 1 milligram per square centimeter in the dried
26film of paint or previously applied substance; or item or dust

 

 

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1on item containing lead in excess of the amount specified in
2the rules authorized by this Act or a lower standard for lead
3content as may be established by federal law or rule.
4"Lead-bearing substance" does not include firearm ammunition
5or components as defined by Section 2-7.1 of the Criminal Code
6of 2012 the Firearm Owners Identification Card Act.
7    "Lead hazard" means a lead-bearing substance that poses an
8immediate health hazard to humans.
9    "Lead hazard screen" means a lead risk assessment that
10involves limited dust and paint sampling for lead-bearing
11substances and lead hazards. This service is used as a
12screening tool designed to determine if further lead
13investigative services are required for the regulated
14facility.
15    "Lead inspection" means a surface-by-surface investigation
16to determine the presence of lead-based paint.
17    "Lead inspector" means an individual who has been trained
18by a Department-approved training program and is licensed by
19the Department to conduct lead inspections; to sample for the
20presence of lead in paint, dust, soil, and water; and to
21conduct compliance investigations.
22    "Lead mitigation" means the remediation, in a manner
23described in Section 9, of a lead hazard so that the
24lead-bearing substance does not pose an immediate health hazard
25to humans.
26    "Lead poisoning" means the condition of having blood lead

 

 

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1levels in excess of those considered safe under State and
2federal rules.
3    "Lead risk assessment" means an on-site investigation to
4determine the existence, nature, severity, and location of lead
5hazards. "Lead risk assessment" includes any lead sampling and
6visual assessment associated with conducting a lead risk
7assessment and lead hazard screen and all lead sampling
8associated with compliance investigations.
9    "Lead risk assessor" means an individual who has been
10trained by a Department-approved training program and is
11licensed by the Department to conduct lead risk assessments,
12lead inspections, and lead hazard screens; to sample for the
13presence of lead in paint, dust, soil, water, and sources for
14lead-bearing substances; and to conduct compliance
15investigations.
16    "Lead training program provider" means any person
17providing Department-approved lead training in Illinois to
18individuals seeking licensure in accordance with the Act.
19    "Low risk area" means an area in the State determined by
20the Department to be low risk for lead exposure for children 6
21years of age or younger. The Department may consider the
22factors named in "high risk area" to determine low risk areas.
23    "Owner" means any person, who alone, jointly, or severally
24with others:
25        (a) Has legal title to any regulated facility, with or
26    without actual possession of the regulated facility, or

 

 

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1        (b) Has charge, care, or control of the regulated
2    facility as owner or agent of the owner, or as executor,
3    administrator, trustee, or guardian of the estate of the
4    owner.
5    "Person" means any individual, partnership, firm, company,
6limited liability company, corporation, association, joint
7stock company, trust, estate, political subdivision, State
8agency, or any other legal entity, or their legal
9representative, agent, or assign.
10    "Regulated facility" means a residential building or child
11care facility.
12    "Residential building" means any room, group of rooms, or
13other interior areas of a structure designed or used for human
14habitation; common areas accessible by inhabitants; and the
15surrounding property or structures.
16(Source: P.A. 98-690, eff. 1-1-15.)
 
17    (430 ILCS 65/Act rep.)
18    Section 60. The Firearm Owners Identification Card Act is
19repealed.
 
20    Section 65. The Firearm Concealed Carry Act is amended by
21changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
22    (430 ILCS 66/25)
23    Sec. 25. Qualifications for a license.

 

 

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1    The Department shall issue a license to an applicant
2completing an application in accordance with Section 30 of this
3Act if the person:
4        (1) is at least 21 years of age;
5        (2) has a currently valid Firearm Owner's
6    Identification Card and at the time of application meets
7    the requirements for the issuance of a Firearm Owner's
8    Identification Card and is not prohibited under State or
9    the Firearm Owners Identification Card Act or federal law
10    from possessing or receiving a firearm;
11        (3) has not been convicted or found guilty in this
12    State or in any other state of:
13            (A) a misdemeanor involving the use or threat of
14        physical force or violence to any person within the 5
15        years preceding the date of the license application; or
16            (B) 2 or more violations related to driving while
17        under the influence of alcohol, other drug or drugs,
18        intoxicating compound or compounds, or any combination
19        thereof, within the 5 years preceding the date of the
20        license application;
21        (4) is not the subject of a pending arrest warrant,
22    prosecution, or proceeding for an offense or action that
23    could lead to disqualification to own or possess a firearm;
24        (5) has not been in residential or court-ordered
25    treatment for alcoholism, alcohol detoxification, or drug
26    treatment within the 5 years immediately preceding the date

 

 

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1    of the license application; and
2        (6) has completed firearms training and any education
3    component required under Section 75 of this Act.
4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
5    (430 ILCS 66/30)
6    Sec. 30. Contents of license application.
7    (a) The license application shall be in writing, under
8penalty of perjury, on a standard form adopted by the
9Department and shall be accompanied by the documentation
10required in this Section and the applicable fee. Each
11application form shall include the following statement printed
12in bold type: "Warning: Entering false information on this form
13is punishable as perjury under Section 32-2 of the Criminal
14Code of 2012."
15    (b) The application shall contain the following:
16        (1) the applicant's name, current address, date and
17    year of birth, place of birth, height, weight, hair color,
18    eye color, maiden name or any other name the applicant has
19    used or identified with, and any address where the
20    applicant resided for more than 30 days within the 10 years
21    preceding the date of the license application;
22        (2) the applicant's valid driver's license number or
23    valid state identification card number;
24        (3) a waiver of the applicant's privacy and
25    confidentiality rights and privileges under all federal

 

 

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1    and state laws, including those limiting access to juvenile
2    court, criminal justice, psychological, or psychiatric
3    records or records relating to any institutionalization of
4    the applicant, and an affirmative request that a person
5    having custody of any of these records provide it or
6    information concerning it to the Department. The waiver
7    only applies to records sought in connection with
8    determining whether the applicant qualifies for a license
9    to carry a concealed firearm under this Act, or whether the
10    applicant remains in compliance with the Firearm Owners
11    Identification Card Act;
12        (4) an affirmation that the applicant is not prohibited
13    under State or federal law from possessing or receiving a
14    firearm possesses a currently valid Firearm Owner's
15    Identification Card and card number if possessed or notice
16    the applicant is applying for a Firearm Owner's
17    Identification Card in conjunction with the license
18    application;
19        (5) an affirmation that the applicant has not been
20    convicted or found guilty of:
21            (A) a felony;
22            (B) a misdemeanor involving the use or threat of
23        physical force or violence to any person within the 5
24        years preceding the date of the application; or
25            (C) 2 or more violations related to driving while
26        under the influence of alcohol, other drug or drugs,

 

 

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1        intoxicating compound or compounds, or any combination
2        thereof, within the 5 years preceding the date of the
3        license application; and
4        (6) whether the applicant has failed a drug test for a
5    drug for which the applicant did not have a prescription,
6    within the previous year, and if so, the provider of the
7    test, the specific substance involved, and the date of the
8    test;
9        (7) written consent for the Department to review and
10    use the applicant's Illinois digital driver's license or
11    Illinois identification card photograph and signature;
12        (8) a full set of fingerprints submitted to the
13    Department in electronic format, provided the Department
14    may accept an application submitted without a set of
15    fingerprints in which case the Department shall be granted
16    30 days in addition to the 90 days provided under
17    subsection (e) of Section 10 of this Act to issue or deny a
18    license;
19        (9) a head and shoulder color photograph in a size
20    specified by the Department taken within the 30 days
21    preceding the date of the license application; and
22        (10) a photocopy of any certificates or other evidence
23    of compliance with the training requirements under this
24    Act.
25(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 

 

 

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1    (430 ILCS 66/40)
2    Sec. 40. Non-resident license applications.
3    (a) For the purposes of this Section, "non-resident" means
4a person who has not resided within this State for more than 30
5days and resides in another state or territory.
6    (b) The Department shall by rule allow for non-resident
7license applications from any state or territory of the United
8States with laws related to firearm ownership, possession, and
9carrying, that are substantially similar to the requirements to
10obtain a license under this Act.
11    (c) A resident of a state or territory approved by the
12Department under subsection (b) of this Section may apply for a
13non-resident license. The applicant shall apply to the
14Department and must meet all of the qualifications established
15in Section 25 of this Act, except for the Illinois residency
16requirement in item (xiv) of paragraph (2) of subsection (a) of
17Section 4 of the Firearm Owners Identification Card Act. The
18applicant shall submit:
19        (1) the application and documentation required under
20    Section 30 of this Act and the applicable fee;
21        (2) a notarized document stating that the applicant:
22            (A) is eligible under federal law and the laws of
23        his or her state or territory of residence to own or
24        possess a firearm;
25            (B) if applicable, has a license or permit to carry
26        a firearm or concealed firearm issued by his or her

 

 

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1        state or territory of residence and attach a copy of
2        the license or permit to the application;
3            (C) understands Illinois laws pertaining to the
4        possession and transport of firearms; and
5            (D) acknowledges that the applicant is subject to
6        the jurisdiction of the Department and Illinois courts
7        for any violation of this Act;
8        (3) a photocopy of any certificates or other evidence
9    of compliance with the training requirements under Section
10    75 of this Act; and
11        (4) a head and shoulder color photograph in a size
12    specified by the Department taken within the 30 days
13    preceding the date of the application.
14    (d) In lieu of an Illinois driver's license or Illinois
15identification card, a non-resident applicant shall provide
16similar documentation from his or her state or territory of
17residence. The applicant shall submit In lieu of a valid
18Firearm Owner's Identification Card, the applicant shall
19submit documentation and information required by the
20Department to obtain a Firearm Owner's Identification Card,
21including an affidavit that the non-resident meets the mental
22health standards to obtain a firearm under Illinois law, and
23the Department shall ensure that the applicant would meet the
24eligibility criteria under State law to possess a firearm to
25obtain a Firearm Owner's Identification card if he or she was a
26resident of this State.

 

 

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1    (e) Nothing in this Act shall prohibit a non-resident from
2transporting a concealed firearm within his or her vehicle in
3Illinois, if the concealed firearm remains within his or her
4vehicle and the non-resident:
5        (1) is not prohibited from owning or possessing a
6    firearm under federal law;
7        (2) is eligible to carry a firearm in public under the
8    laws of his or her state or territory of residence, as
9    evidenced by the possession of a concealed carry license or
10    permit issued by his or her state of residence, if
11    applicable; and
12        (3) is not in possession of a license under this Act.
13    If the non-resident leaves his or her vehicle unattended,
14he or she shall store the firearm within a locked vehicle or
15locked container within the vehicle in accordance with
16subsection (b) of Section 65 of this Act.
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
18eff. 7-20-15.)
 
19    (430 ILCS 66/70)
20    Sec. 70. Violations.
21    (a) A license issued or renewed under this Act shall be
22revoked if, at any time, the licensee is found to be ineligible
23for a license under this Act or the licensee is prohibited from
24possessing a firearm under State or federal law no longer meets
25the eligibility requirements of the Firearm Owners

 

 

HB4354- 74 -LRB100 16397 SLF 31525 b

1Identification Card Act.
2    (b) A license shall be suspended if an order of protection,
3including an emergency order of protection, plenary order of
4protection, or interim order of protection under Article 112A
5of the Code of Criminal Procedure of 1963 or under the Illinois
6Domestic Violence Act of 1986, is issued against a licensee for
7the duration of the order, or if the Department is made aware
8of a similar order issued against the licensee in any other
9jurisdiction. If an order of protection is issued against a
10licensee, the licensee shall surrender the license, as
11applicable, to the court at the time the order is entered or to
12the law enforcement agency or entity serving process at the
13time the licensee is served the order. The court, law
14enforcement agency, or entity responsible for serving the order
15of protection shall notify the Department within 7 days and
16transmit the license to the Department.
17    (c) A license is invalid upon expiration of the license,
18unless the licensee has submitted an application to renew the
19license, and the applicant is otherwise eligible to possess a
20license under this Act.
21    (d) A licensee shall not carry a concealed firearm while
22under the influence of alcohol, other drug or drugs,
23intoxicating compound or combination of compounds, or any
24combination thereof, under the standards set forth in
25subsection (a) of Section 11-501 of the Illinois Vehicle Code.
26    A licensee in violation of this subsection (d) shall be

 

 

HB4354- 75 -LRB100 16397 SLF 31525 b

1guilty of a Class A misdemeanor for a first or second violation
2and a Class 4 felony for a third violation. The Department may
3suspend a license for up to 6 months for a second violation and
4shall permanently revoke a license for a third violation.
5    (e) Except as otherwise provided, a licensee in violation
6of this Act shall be guilty of a Class B misdemeanor. A second
7or subsequent violation is a Class A misdemeanor. The
8Department may suspend a license for up to 6 months for a
9second violation and shall permanently revoke a license for 3
10or more violations of Section 65 of this Act. Any person
11convicted of a violation under this Section shall pay a $150
12fee to be deposited into the Mental Health Reporting Fund, plus
13any applicable court costs or fees.
14    (f) A licensee convicted or found guilty of a violation of
15this Act who has a valid license and is otherwise eligible to
16carry a concealed firearm shall only be subject to the
17penalties under this Section and shall not be subject to the
18penalties under Section 21-6, paragraph (4), (8), or (10) of
19subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
20of paragraph (3) of subsection (a) of Section 24-1.6 of the
21Criminal Code of 2012. Except as otherwise provided in this
22subsection, nothing in this subsection prohibits the licensee
23from being subjected to penalties for violations other than
24those specified in this Act.
25    (g) A licensee whose license is revoked, suspended, or
26denied shall, within 48 hours of receiving notice of the

 

 

HB4354- 76 -LRB100 16397 SLF 31525 b

1revocation, suspension, or denial, surrender his or her
2concealed carry license to the local law enforcement agency
3where the person resides. The local law enforcement agency
4shall provide the licensee a receipt and transmit the concealed
5carry license to the Department of State Police. If the
6licensee whose concealed carry license has been revoked,
7suspended, or denied fails to comply with the requirements of
8this subsection, the law enforcement agency where the person
9resides may petition the circuit court to issue a warrant to
10search for and seize the concealed carry license in the
11possession and under the custody or control of the licensee
12whose concealed carry license has been revoked, suspended, or
13denied. The observation of a concealed carry license in the
14possession of a person whose license has been revoked,
15suspended, or denied constitutes a sufficient basis for the
16arrest of that person for violation of this subsection. A
17violation of this subsection is a Class A misdemeanor.
18    (h) (Blank). A license issued or renewed under this Act
19shall be revoked if, at any time, the licensee is found
20ineligible for a Firearm Owner's Identification Card, or the
21licensee no longer possesses a valid Firearm Owner's
22Identification Card. A licensee whose license is revoked under
23this subsection (h) shall surrender his or her concealed carry
24license as provided for in subsection (g) of this Section.
25    This subsection shall not apply to a person who has filed
26an application with the State Police for renewal of a Firearm

 

 

HB4354- 77 -LRB100 16397 SLF 31525 b

1Owner's Identification Card and who is not otherwise ineligible
2to obtain a Firearm Owner's Identification Card.
3    (i) A certified firearms instructor who knowingly provides
4or offers to provide a false certification that an applicant
5has completed firearms training as required under this Act is
6guilty of a Class A misdemeanor. A person guilty of a violation
7of this subsection (i) is not eligible for court supervision.
8The Department shall permanently revoke the firearms
9instructor certification of a person convicted under this
10subsection (i).
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
12eff. 8-15-14.)
 
13    (430 ILCS 66/80)
14    Sec. 80. Certified firearms instructors.
15    (a) Within 60 days of the effective date of this Act, the
16Department shall begin approval of certified firearms
17instructors and enter certified firearms instructors into an
18online registry on the Department's website.
19    (b) A person who is not a certified firearms instructor
20shall not teach applicant training courses or advertise or
21otherwise represent courses they teach as qualifying their
22students to meet the requirements to receive a license under
23this Act. Each violation of this subsection is a business
24offense with a fine of at least $1,000 per violation.
25    (c) A person seeking to become a certified firearms

 

 

HB4354- 78 -LRB100 16397 SLF 31525 b

1instructor shall:
2        (1) be at least 21 years of age;
3        (2) be a legal resident of the United States; and
4        (3) meet the requirements of Section 25 of this Act,
5    except for the Illinois residency requirement in item (xiv)
6    of paragraph (2) of subsection (a) of Section 4 of the
7    Firearm Owners Identification Card Act; and any additional
8    uniformly applied requirements established by the
9    Department.
10    (d) A person seeking to become a certified firearms
11instructor, in addition to the requirements of subsection (c)
12of this Section, shall:
13        (1) possess a high school diploma or high school
14    equivalency certificate; and
15        (2) have at least one of the following valid firearms
16    instructor certifications:
17            (A) certification from a law enforcement agency;
18            (B) certification from a firearm instructor course
19        offered by a State or federal governmental agency;
20            (C) certification from a firearm instructor
21        qualification course offered by the Illinois Law
22        Enforcement Training Standards Board; or
23            (D) certification from an entity approved by the
24        Department that offers firearm instructor education
25        and training in the use and safety of firearms.
26    (e) A person may have his or her firearms instructor

 

 

HB4354- 79 -LRB100 16397 SLF 31525 b

1certification denied or revoked if he or she does not meet the
2requirements to obtain a license under this Act, provides false
3or misleading information to the Department, or has had a prior
4instructor certification revoked or denied by the Department.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
6eff. 1-1-15.)
 
7    (430 ILCS 66/105)
8    Sec. 105. Duty of school administrator. It is the duty of
9the principal of a public elementary or secondary school, or
10his or her designee, and the chief administrative officer of a
11private elementary or secondary school or a public or private
12community college, college, or university, or his or her
13designee, to report to the Department of State Police when a
14student is determined to pose a clear and present danger to
15himself, herself, or to others, within 24 hours of the
16determination as provided in Section 6-103.3 of the Mental
17Health and Developmental Disabilities Code. "Clear and present
18danger" has the meaning as provided in paragraph (2) of the
19definition of "clear and present danger" in Section 6-103.3 of
20the Mental Health and Developmental Disabilities Code 1.1 of
21the Firearm Owners Identification Card Act.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    Section 70. The Wildlife Code is amended by changing
24Sections 3.2 and 3.2a as follows:
 

 

 

HB4354- 80 -LRB100 16397 SLF 31525 b

1    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
2    Sec. 3.2. Hunting license; application; instruction.
3Before the Department or any county, city, village, township,
4incorporated town clerk or his duly designated agent or any
5other person authorized or designated by the Department to
6issue hunting licenses shall issue a hunting license to any
7person, the person shall file his application with the
8Department or other party authorized to issue licenses on a
9form provided by the Department and further give definite proof
10of identity and place of legal residence. Each clerk
11designating agents to issue licenses and stamps shall furnish
12the Department, within 10 days following the appointment, the
13names and mailing addresses of the agents. Each clerk or his
14duly designated agent shall be authorized to sell licenses and
15stamps only within the territorial area for which he was
16elected or appointed. No duly designated agent is authorized to
17furnish licenses or stamps for issuance by any other business
18establishment. Each application shall be executed and sworn to
19and shall set forth the name and description of the applicant
20and place of residence.
21    No hunting license shall be issued to any person born on or
22after January 1, 1980 unless he presents the person authorized
23to issue the license evidence that he has held a hunting
24license issued by the State of Illinois or another state in a
25prior year, or a certificate of competency as provided in this

 

 

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1Section. Persons under 16 years of age may be issued a Lifetime
2Hunting or Sportsmen's Combination License as provided under
3Section 20-45 of the Fish and Aquatic Life Code but shall not
4be entitled to hunt unless they have a certificate of
5competency as provided in this Section and they shall have the
6certificate in their possession while hunting.
7    The Department of Natural Resources shall authorize
8personnel of the Department or certified volunteer instructors
9to conduct courses, of not less than 10 hours in length, in
10firearms and hunter safety, which may include training in bow
11and arrow safety, at regularly specified intervals throughout
12the State. Persons successfully completing the course shall
13receive a certificate of competency. The Department of Natural
14Resources may further cooperate with any reputable association
15or organization in establishing courses if the organization has
16as one of its objectives the promotion of safety in the
17handling of firearms or bow and arrow.
18    The Department of Natural Resources shall designate any
19person found by it to be competent to give instruction in the
20handling of firearms, hunter safety, and bow and arrow. The
21persons so appointed shall give the course of instruction and
22upon the successful completion shall issue to the person
23instructed a certificate of competency in the safe handling of
24firearms, hunter safety, and bow and arrow. No charge shall be
25made for any course of instruction except for materials or
26ammunition consumed. The Department of Natural Resources shall

 

 

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1furnish information on the requirements of hunter safety
2education programs to be distributed free of charge to
3applicants for hunting licenses by the persons appointed and
4authorized to issue licenses. Funds for the conducting of
5firearms and hunter safety courses shall be taken from the fee
6charged for the Firearm Owners Identification Card.
7    The fee for a hunting license to hunt all species for a
8resident of Illinois is $12. For residents age 65 or older,
9and, commencing with the 2012 license year, resident veterans
10of the United States Armed Forces after returning from service
11abroad or mobilization by the President of the United States,
12the fee is one-half of the fee charged for a hunting license to
13hunt all species for a resident of Illinois. Veterans must
14provide to the Department, at one of the Department's 5
15regional offices, verification of their service. The
16Department shall establish what constitutes suitable
17verification of service for the purpose of issuing resident
18veterans hunting licenses at a reduced fee. The fee for a
19hunting license to hunt all species shall be $1 for residents
20over 75 years of age. Nonresidents shall be charged $57 for a
21hunting license.
22    Nonresidents may be issued a nonresident hunting license
23for a period not to exceed 10 consecutive days' hunting in the
24State and shall be charged a fee of $35.
25    A special nonresident hunting license authorizing a
26nonresident to take game birds by hunting on a game breeding

 

 

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1and hunting preserve area only, established under Section 3.27,
2shall be issued upon proper application being made and payment
3of a fee equal to that for a resident hunting license. The
4expiration date of this license shall be on the same date each
5year that game breeding and hunting preserve area licenses
6expire.
7    Each applicant for a State Migratory Waterfowl Stamp,
8regardless of his residence or other condition, shall pay a fee
9of $15 and shall receive a stamp. The fee for a State Migratory
10Waterfowl Stamp shall be waived for residents over 75 years of
11age. Except as provided under Section 20-45 of the Fish and
12Aquatic Life Code, the stamp shall be signed by the person or
13affixed to his license or permit in a space designated by the
14Department for that purpose.
15    Each applicant for a State Habitat Stamp, regardless of his
16residence or other condition, shall pay a fee of $5 and shall
17receive a stamp. The fee for a State Habitat Stamp shall be
18waived for residents over 75 years of age. Except as provided
19under Section 20-45 of the Fish and Aquatic Life Code, the
20stamp shall be signed by the person or affixed to his license
21or permit in a space designated by the Department for that
22purpose.
23    Nothing in this Section shall be construed as to require
24the purchase of more than one State Habitat Stamp by any person
25in any one license year.
26    The fees for State Pheasant Stamps and State Furbearer

 

 

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1Stamps shall be waived for residents over 75 years of age.
2    The Department shall furnish the holders of hunting
3licenses and stamps with an insignia as evidence of possession
4of license, or license and stamp, as the Department may
5consider advisable. The insignia shall be exhibited and used as
6the Department may order.
7    All other hunting licenses and all State stamps shall
8expire upon March 31 of each year.
9    Every person holding any license, permit, or stamp issued
10under the provisions of this Act shall have it in his
11possession for immediate presentation for inspection to the
12officers and authorized employees of the Department, any
13sheriff, deputy sheriff, or any other peace officer making a
14demand for it. This provision shall not apply to Department
15owned or managed sites where it is required that all hunters
16deposit their license or , permit , or Firearm Owner's
17Identification Card at the check station upon entering the
18hunting areas.
19(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 
20    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
21    Sec. 3.2a. Every person holding any license, permit or
22stamp issued under the provisions hereof shall have it in his
23possession for immediate presentation for inspection to the
24officers and authorized employees of the Department, any
25sheriff, deputy sheriff or any other peace officer making a

 

 

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1demand for it. This provision shall not apply to Department
2owned or managed sites where it is required that all hunters
3deposit their license or , permit or Firearm Owner's
4Identification Card at the check station upon entering the
5hunting areas.
6(Source: P.A. 85-152.)
 
7    Section 75. The Clerks of Courts Act is amended by changing
8Section 27.3a as follows:
 
9    (705 ILCS 105/27.3a)
10    Sec. 27.3a. Fees for automated record keeping, probation
11and court services operations, State and Conservation Police
12operations, and e-business programs.
13    1. The expense of establishing and maintaining automated
14record keeping systems in the offices of the clerks of the
15circuit court shall be borne by the county. To defray such
16expense in any county having established such an automated
17system or which elects to establish such a system, the county
18board may require the clerk of the circuit court in their
19county to charge and collect a court automation fee of not less
20than $1 nor more than $25 to be charged and collected by the
21clerk of the court. Such fee shall be paid at the time of
22filing the first pleading, paper or other appearance filed by
23each party in all civil cases or by the defendant in any
24felony, traffic, misdemeanor, municipal ordinance, or

 

 

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1conservation case upon a judgment of guilty or grant of
2supervision, provided that the record keeping system which
3processes the case category for which the fee is charged is
4automated or has been approved for automation by the county
5board, and provided further that no additional fee shall be
6required if more than one party is presented in a single
7pleading, paper or other appearance. Such fee shall be
8collected in the manner in which all other fees or costs are
9collected.
10    1.1. Starting on July 6, 2012 (the effective date of Public
11Act 97-761) and pursuant to an administrative order from the
12chief judge of the circuit or the presiding judge of the county
13authorizing such collection, a clerk of the circuit court in
14any county that imposes a fee pursuant to subsection 1 of this
15Section shall also charge and collect an additional $10
16operations fee for probation and court services department
17operations.
18    This additional fee shall be paid by the defendant in any
19felony, traffic, misdemeanor, local ordinance, or conservation
20case upon a judgment of guilty or grant of supervision, except
21such $10 operations fee shall not be charged and collected in
22cases governed by Supreme Court Rule 529 in which the bail
23amount is $120 or less.
24    1.2. With respect to the fee imposed and collected under
25subsection 1.1 of this Section, each clerk shall transfer all
26fees monthly to the county treasurer for deposit into the

 

 

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1probation and court services fund created under Section 15.1 of
2the Probation and Probation Officers Act, and such monies shall
3be disbursed from the fund only at the direction of the chief
4judge of the circuit or another judge designated by the Chief
5Circuit Judge in accordance with the policies and guidelines
6approved by the Supreme Court.
7    1.5. Starting on June 1, 2014, a clerk of the circuit court
8in any county that imposes a fee pursuant to subsection 1 of
9this Section, shall charge and collect an additional fee in an
10amount equal to the amount of the fee imposed pursuant to
11subsection 1 of this Section, except the fee imposed under this
12subsection may not be more than $15. This additional fee shall
13be paid by the defendant in any felony, traffic, misdemeanor,
14or local ordinance case upon a judgment of guilty or grant of
15supervision. This fee shall not be paid by the defendant for
16any violation listed in subsection 1.6 of this Section.
17    1.6. Starting on June 1, 2014, a clerk of the circuit court
18in any county that imposes a fee pursuant to subsection 1 of
19this Section shall charge and collect an additional fee in an
20amount equal to the amount of the fee imposed pursuant to
21subsection 1 of this Section, except the fee imposed under this
22subsection may not be more than $15. This additional fee shall
23be paid by the defendant upon a judgment of guilty or grant of
24supervision for a violation under the State Parks Act, the
25Recreational Trails of Illinois Act, the Illinois Explosives
26Act, the Timber Buyers Licensing Act, the Forest Products

 

 

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1Transportation Act, the Firearm Owners Identification Card
2Act, the Environmental Protection Act, the Fish and Aquatic
3Life Code, the Wildlife Code, the Cave Protection Act, the
4Illinois Exotic Weed Act, the Illinois Forestry Development
5Act, the Ginseng Harvesting Act, the Illinois Lake Management
6Program Act, the Illinois Natural Areas Preservation Act, the
7Illinois Open Land Trust Act, the Open Space Lands Acquisition
8and Development Act, the Illinois Prescribed Burning Act, the
9State Forest Act, the Water Use Act of 1983, the Illinois
10Veteran, Youth, and Young Adult Conservation Jobs Act, the
11Snowmobile Registration and Safety Act, the Boat Registration
12and Safety Act, the Illinois Dangerous Animals Act, the Hunter
13and Fishermen Interference Prohibition Act, the Wrongful Tree
14Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1511-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
16the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
17Criminal Code of 2012.
18    1.7. Starting on the 30th day after the effective date of
19this amendatory Act of the 99th General Assembly, a clerk of
20the circuit court in any county that imposes a fee pursuant to
21subsection 1 of this Section shall also charge and collect an
22additional $9 e-business fee. The fee shall be paid at the time
23of filing the first pleading, paper, or other appearance filed
24by each party in all civil cases, except no additional fee
25shall be required if more than one party is presented in a
26single pleading, paper, or other appearance. The fee shall be

 

 

HB4354- 89 -LRB100 16397 SLF 31525 b

1collected in the manner in which all other fees or costs are
2collected. The fee shall be in addition to all other fees and
3charges of the clerk, and assessable as costs, and may be
4waived only if the judge specifically provides for the waiver
5of the e-business fee. The fee shall not be charged in any
6matter coming to the clerk on a change of venue, nor in any
7proceeding to review the decision of any administrative
8officer, agency, or body.
9    2. With respect to the fee imposed under subsection 1 of
10this Section, each clerk shall commence such charges and
11collections upon receipt of written notice from the chairman of
12the county board together with a certified copy of the board's
13resolution, which the clerk shall file of record in his office.
14    3. With respect to the fee imposed under subsection 1 of
15this Section, such fees shall be in addition to all other fees
16and charges of such clerks, and assessable as costs, and may be
17waived only if the judge specifically provides for the waiver
18of the court automation fee. The fees shall be remitted monthly
19by such clerk to the county treasurer, to be retained by him in
20a special fund designated as the court automation fund. The
21fund shall be audited by the county auditor, and the board
22shall make expenditure from the fund in payment of any cost
23related to the automation of court records, including hardware,
24software, research and development costs and personnel related
25thereto, provided that the expenditure is approved by the clerk
26of the court and by the chief judge of the circuit court or his

 

 

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1designate.
2    4. With respect to the fee imposed under subsection 1 of
3this Section, such fees shall not be charged in any matter
4coming to any such clerk on change of venue, nor in any
5proceeding to review the decision of any administrative
6officer, agency or body.
7    5. With respect to the additional fee imposed under
8subsection 1.5 of this Section, the fee shall be remitted by
9the circuit clerk to the State Treasurer within one month after
10receipt for deposit into the State Police Operations Assistance
11Fund.
12    6. With respect to the additional fees imposed under
13subsection 1.5 of this Section, the Director of State Police
14may direct the use of these fees for homeland security purposes
15by transferring these fees on a quarterly basis from the State
16Police Operations Assistance Fund into the Illinois Law
17Enforcement Alarm Systems (ILEAS) Fund for homeland security
18initiatives programs. The transferred fees shall be allocated,
19subject to the approval of the ILEAS Executive Board, as
20follows: (i) 66.6% shall be used for homeland security
21initiatives and (ii) 33.3% shall be used for airborne
22operations. The ILEAS Executive Board shall annually supply the
23Director of State Police with a report of the use of these
24fees.
25    7. With respect to the additional fee imposed under
26subsection 1.6 of this Section, the fee shall be remitted by

 

 

HB4354- 91 -LRB100 16397 SLF 31525 b

1the circuit clerk to the State Treasurer within one month after
2receipt for deposit into the Conservation Police Operations
3Assistance Fund.
4    8. With respect to the fee imposed under subsection 1.7 of
5this Section, the clerk shall remit the fee to the State
6Treasurer within one month after receipt for deposit into the
7Supreme Court Special Purposes Fund. Unless otherwise
8authorized by this Act, the moneys deposited into the Supreme
9Court Special Purposes Fund under this subsection are not
10subject to administrative charges or chargebacks under Section
1120 of the State Treasurer Act.
12(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
1398-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
 
14    Section 80. The Criminal Code of 2012 is amended by
15changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1624-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
1724-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
 
18    (720 ILCS 5/2-7.1)
19    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
20"Firearm "Firearm" and "firearm ammunition" means any
21self-contained cartridge or shotgun shell, by whatever name
22known, which is designed to be used or adaptable to use in a
23firearm; excluding, however:
24    (1) any ammunition exclusively designed for use with a

 

 

HB4354- 92 -LRB100 16397 SLF 31525 b

1device used exclusively for signalling or safety and required
2or recommended by the United States Coast Guard or the
3Interstate Commerce Commission; and
4    (2) any ammunition designed exclusively for use with a stud
5or rivet driver or other similar industrial ammunition have the
6meanings ascribed to them in Section 1.1 of the Firearm Owners
7Identification Card Act.
8(Source: P.A. 91-544, eff. 1-1-00.)
 
9    (720 ILCS 5/2-7.5)
10    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
11specific Section, "firearm" means any device, by whatever name
12known, which is designed to expel a projectile or projectiles
13by the action of an explosion, expansion of gas or escape of
14gas; excluding, however:
15    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
16gun which expels a single globular projectile not exceeding .18
17inch in diameter or which has a maximum muzzle velocity of less
18than 700 feet per second;
19    (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
20gun which expels breakable paint balls containing washable
21marking colors;
22    (2) any device used exclusively for signalling or safety
23and required or recommended by the United States Coast Guard or
24the Interstate Commerce Commission;
25    (3) any device used exclusively for the firing of stud

 

 

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1cartridges, explosive rivets, or similar industrial
2ammunition; and
3    (4) an antique firearm (other than a machine-gun) which,
4although designed as a weapon, the Department of State Police
5finds by reason of the date of its manufacture, value, design,
6and other characteristics is primarily a collector's item and
7is not likely to be used as a weapon has the meaning ascribed
8to it in Section 1.1 of the Firearm Owners Identification Card
9Act.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
12    Sec. 12-3.05. Aggravated battery.
13    (a) Offense based on injury. A person commits aggravated
14battery when, in committing a battery, other than by the
15discharge of a firearm, he or she knowingly does any of the
16following:
17        (1) Causes great bodily harm or permanent disability or
18    disfigurement.
19        (2) Causes severe and permanent disability, great
20    bodily harm, or disfigurement by means of a caustic or
21    flammable substance, a poisonous gas, a deadly biological
22    or chemical contaminant or agent, a radioactive substance,
23    or a bomb or explosive compound.
24        (3) Causes great bodily harm or permanent disability or
25    disfigurement to an individual whom the person knows to be

 

 

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

 

 

HB4354- 95 -LRB100 16397 SLF 31525 b

1aggravated battery when, in committing a battery, other than by
2the discharge of a firearm, he or she is or the person battered
3is on or about a public way, public property, a public place of
4accommodation or amusement, a sports venue, or a domestic
5violence shelter.
6    (d) Offense based on status of victim. A person commits
7aggravated battery when, in committing a battery, other than by
8discharge of a firearm, he or she knows the individual battered
9to be any of the following:
10        (1) A person 60 years of age or older.
11        (2) A person who is pregnant or has a physical
12    disability.
13        (3) A teacher or school employee upon school grounds or
14    grounds adjacent to a school or in any part of a building
15    used for school purposes.
16        (4) A peace officer, community policing volunteer,
17    fireman, private security officer, correctional
18    institution employee, or Department of Human Services
19    employee supervising or controlling sexually dangerous
20    persons or sexually violent persons:
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        (5) A judge, emergency management worker, emergency

 

 

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1    medical services personnel, or utility worker:
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        (6) An officer or employee of the State of Illinois, a
8    unit of local government, or a school district, while
9    performing his or her official duties.
10        (7) A transit employee performing his or her official
11    duties, or a transit passenger.
12        (8) A taxi driver on duty.
13        (9) A merchant who detains the person for an alleged
14    commission of retail theft under Section 16-26 of this Code
15    and the person without legal justification by any means
16    causes bodily harm to the merchant.
17        (10) A person authorized to serve process under Section
18    2-202 of the Code of Civil Procedure or a special process
19    server appointed by the circuit court while that individual
20    is in the performance of his or her duties as a process
21    server.
22        (11) A nurse while in the performance of his or her
23    duties as a nurse.
24    (e) Offense based on use of a firearm. A person commits
25aggravated battery when, in committing a battery, he or she
26knowingly does any of the following:

 

 

HB4354- 97 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 98 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 99 -LRB100 16397 SLF 31525 b

1    knows to be a teacher, or a student in a school, or a
2    school employee, and the teacher, student, or employee is
3    upon school grounds or grounds adjacent to a school or in
4    any part of a building used for school purposes.
5    (f) Offense based on use of a weapon or device. A person
6commits aggravated battery when, in committing a battery, he or
7she does any of the following:
8        (1) Uses a deadly weapon other than by discharge of a
9    firearm, or uses an air rifle as defined in Section
10    24.8-0.1 of this Code.
11        (2) Wears a hood, robe, or mask to conceal his or her
12    identity.
13        (3) Knowingly and without lawful justification shines
14    or flashes a laser gunsight or other laser device attached
15    to a firearm, or used in concert with a firearm, so that
16    the laser beam strikes upon or against the person of
17    another.
18        (4) Knowingly video or audio records the offense with
19    the intent to disseminate the recording.
20    (g) Offense based on certain conduct. A person commits
21aggravated battery when, other than by discharge of a firearm,
22he or she does any of the following:
23        (1) Violates Section 401 of the Illinois Controlled
24    Substances Act by unlawfully delivering a controlled
25    substance to another and any user experiences great bodily
26    harm or permanent disability as a result of the injection,

 

 

HB4354- 100 -LRB100 16397 SLF 31525 b

1    inhalation, or ingestion of any amount of the controlled
2    substance.
3        (2) Knowingly administers to an individual or causes
4    him or her to take, without his or her consent or by threat
5    or deception, and for other than medical purposes, any
6    intoxicating, poisonous, stupefying, narcotic, anesthetic,
7    or controlled substance, or gives to another person any
8    food containing any substance or object intended to cause
9    physical injury if eaten.
10        (3) Knowingly causes or attempts to cause a
11    correctional institution employee or Department of Human
12    Services employee to come into contact with blood, seminal
13    fluid, urine, or feces by throwing, tossing, or expelling
14    the fluid or material, and the person is an inmate of a
15    penal institution or is a sexually dangerous person or
16    sexually violent person in the custody of the Department of
17    Human Services.
18    (h) Sentence. Unless otherwise provided, aggravated
19battery is a Class 3 felony.
20    Aggravated battery as defined in subdivision (a)(4),
21(d)(4), or (g)(3) is a Class 2 felony.
22    Aggravated battery as defined in subdivision (a)(3) or
23(g)(1) is a Class 1 felony.
24    Aggravated battery as defined in subdivision (a)(1) is a
25Class 1 felony when the aggravated battery was intentional and
26involved the infliction of torture, as defined in paragraph

 

 

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1(14) of subsection (b) of Section 9-1 of this Code, as the
2infliction of or subjection to extreme physical pain, motivated
3by an intent to increase or prolong the pain, suffering, or
4agony of the victim.
5    Aggravated battery under subdivision (a)(5) is a Class 1
6felony if:
7        (A) the person used or attempted to use a dangerous
8    instrument while committing the offense; or
9        (B) the person caused great bodily harm or permanent
10    disability or disfigurement to the other person while
11    committing the offense; or
12        (C) the person has been previously convicted of a
13    violation of subdivision (a)(5) under the laws of this
14    State or laws similar to subdivision (a)(5) of any other
15    state.
16    Aggravated battery as defined in subdivision (e)(1) is a
17Class X felony.
18    Aggravated battery as defined in subdivision (a)(2) is a
19Class X felony for which a person shall be sentenced to a term
20of imprisonment of a minimum of 6 years and a maximum of 45
21years.
22    Aggravated battery as defined in subdivision (e)(5) is a
23Class X felony for which a person shall be sentenced to a term
24of imprisonment of a minimum of 12 years and a maximum of 45
25years.
26    Aggravated battery as defined in subdivision (e)(2),

 

 

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1(e)(3), or (e)(4) is a Class X felony for which a person shall
2be sentenced to a term of imprisonment of a minimum of 15 years
3and a maximum of 60 years.
4    Aggravated battery as defined in subdivision (e)(6),
5(e)(7), or (e)(8) is a Class X felony for which a person shall
6be sentenced to a term of imprisonment of a minimum of 20 years
7and a maximum of 60 years.
8    Aggravated battery as defined in subdivision (b)(1) is a
9Class X felony, except that:
10        (1) if the person committed the offense while armed
11    with a firearm, 15 years shall be added to the term of
12    imprisonment imposed by the court;
13        (2) if, during the commission of the offense, the
14    person personally discharged a firearm, 20 years shall be
15    added to the term of imprisonment imposed by the court;
16        (3) if, during the commission of the offense, the
17    person personally discharged a firearm that proximately
18    caused great bodily harm, permanent disability, permanent
19    disfigurement, or death to another person, 25 years or up
20    to a term of natural life shall be added to the term of
21    imprisonment imposed by the court.
22    (i) Definitions. For the purposes of this Section:
23    "Building or other structure used to provide shelter" has
24the meaning ascribed to "shelter" in Section 1 of the Domestic
25Violence Shelters Act.
26    "Domestic violence" has the meaning ascribed to it in

 

 

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1Section 103 of the Illinois Domestic Violence Act of 1986.
2    "Domestic violence shelter" means any building or other
3structure used to provide shelter or other services to victims
4or to the dependent children of victims of domestic violence
5pursuant to the Illinois Domestic Violence Act of 1986 or the
6Domestic Violence Shelters Act, or any place within 500 feet of
7such a building or other structure in the case of a person who
8is going to or from such a building or other structure.
9    "Firearm" has the meaning provided under Section 2-7.5 of
10this Code 1.1 of the Firearm Owners Identification Card Act,
11and does not include an air rifle as defined by Section
1224.8-0.1 of this Code.
13    "Machine gun" has the meaning ascribed to it in Section
1424-1 of this Code.
15    "Merchant" has the meaning ascribed to it in Section 16-0.1
16of this Code.
17    "Strangle" means intentionally impeding the normal
18breathing or circulation of the blood of an individual by
19applying pressure on the throat or neck of that individual or
20by blocking the nose or mouth of that individual.
21(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
22eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
23    (720 ILCS 5/16-0.1)
24    Sec. 16-0.1. Definitions. In this Article, unless the
25context clearly requires otherwise, the following terms are

 

 

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1defined as indicated:
2    "Access" means to use, instruct, communicate with, store
3data in, retrieve or intercept data from, or otherwise utilize
4any services of a computer.
5    "Coin-operated machine" includes any automatic vending
6machine or any part thereof, parking meter, coin telephone,
7coin-operated transit turnstile, transit fare box, coin
8laundry machine, coin dry cleaning machine, amusement machine,
9music machine, vending machine dispensing goods or services, or
10money changer.
11    "Communication device" means any type of instrument,
12device, machine, or equipment which is capable of transmitting,
13acquiring, decrypting, or receiving any telephonic,
14electronic, data, Internet access, audio, video, microwave, or
15radio transmissions, signals, communications, or services,
16including the receipt, acquisition, transmission, or
17decryption of all such communications, transmissions, signals,
18or services provided by or through any cable television, fiber
19optic, telephone, satellite, microwave, radio, Internet-based,
20data transmission, or wireless distribution network, system or
21facility; or any part, accessory, or component thereof,
22including any computer circuit, security module, smart card,
23software, computer chip, electronic mechanism or other
24component, accessory or part of any communication device which
25is capable of facilitating the transmission, decryption,
26acquisition or reception of all such communications,

 

 

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1transmissions, signals, or services.
2    "Communication service" means any service lawfully
3provided for a charge or compensation to facilitate the lawful
4origination, transmission, emission, or reception of signs,
5signals, data, writings, images, and sounds or intelligence of
6any nature by telephone, including cellular telephones or a
7wire, wireless, radio, electromagnetic, photo-electronic or
8photo-optical system; and also any service lawfully provided by
9any radio, telephone, cable television, fiber optic,
10satellite, microwave, Internet-based or wireless distribution
11network, system, facility or technology, including, but not
12limited to, any and all electronic, data, video, audio,
13Internet access, telephonic, microwave and radio
14communications, transmissions, signals and services, and any
15such communications, transmissions, signals and services
16lawfully provided directly or indirectly by or through any of
17those networks, systems, facilities or technologies.
18    "Communication service provider" means: (1) any person or
19entity providing any communication service, whether directly
20or indirectly, as a reseller, including, but not limited to, a
21cellular, paging or other wireless communications company or
22other person or entity which, for a fee, supplies the facility,
23cell site, mobile telephone switching office or other equipment
24or communication service; (2) any person or entity owning or
25operating any cable television, fiber optic, satellite,
26telephone, wireless, microwave, radio, data transmission or

 

 

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1Internet-based distribution network, system or facility; and
2(3) any person or entity providing any communication service
3directly or indirectly by or through any such distribution
4system, network or facility.
5    "Computer" means a device that accepts, processes, stores,
6retrieves or outputs data, and includes but is not limited to
7auxiliary storage and telecommunications devices connected to
8computers.
9    "Continuing course of conduct" means a series of acts, and
10the accompanying mental state necessary for the crime in
11question, irrespective of whether the series of acts are
12continuous or intermittent.
13    "Delivery container" means any bakery basket of wire or
14plastic used to transport or store bread or bakery products,
15any dairy case of wire or plastic used to transport or store
16dairy products, and any dolly or cart of 2 or 4 wheels used to
17transport or store any bakery or dairy product.
18    "Document-making implement" means any implement,
19impression, template, computer file, computer disc, electronic
20device, computer hardware, computer software, instrument, or
21device that is used to make a real or fictitious or fraudulent
22personal identification document.
23    "Financial transaction device" means any of the following:
24        (1) An electronic funds transfer card.
25        (2) A credit card.
26        (3) A debit card.

 

 

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1        (4) A point-of-sale card.
2        (5) Any instrument, device, card, plate, code, account
3    number, personal identification number, or a record or copy
4    of a code, account number, or personal identification
5    number or other means of access to a credit account or
6    deposit account, or a driver's license or State
7    identification card used to access a proprietary account,
8    other than access originated solely by a paper instrument,
9    that can be used alone or in conjunction with another
10    access device, for any of the following purposes:
11            (A) Obtaining money, cash refund or credit
12        account, credit, goods, services, or any other thing of
13        value.
14            (B) Certifying or guaranteeing to a person or
15        business the availability to the device holder of funds
16        on deposit to honor a draft or check payable to the
17        order of that person or business.
18            (C) Providing the device holder access to a deposit
19        account for the purpose of making deposits,
20        withdrawing funds, transferring funds between deposit
21        accounts, obtaining information pertaining to a
22        deposit account, or making an electronic funds
23        transfer.
24    "Full retail value" means the merchant's stated or
25advertised price of the merchandise. "Full retail value"
26includes the aggregate value of property obtained from retail

 

 

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1thefts committed by the same person as part of a continuing
2course of conduct from one or more mercantile establishments in
3a single transaction or in separate transactions over a period
4of one year.
5    "Internet" means an interactive computer service or system
6or an information service, system, or access software provider
7that provides or enables computer access by multiple users to a
8computer server, and includes, but is not limited to, an
9information service, system, or access software provider that
10provides access to a network system commonly known as the
11Internet, or any comparable system or service and also
12includes, but is not limited to, a World Wide Web page,
13newsgroup, message board, mailing list, or chat area on any
14interactive computer service or system or other online service.
15    "Library card" means a card or plate issued by a library
16facility for purposes of identifying the person to whom the
17library card was issued as authorized to borrow library
18material, subject to all limitations and conditions imposed on
19the borrowing by the library facility issuing such card.
20    "Library facility" includes any public library or museum,
21or any library or museum of an educational, historical or
22eleemosynary institution, organization or society.
23    "Library material" includes any book, plate, picture,
24photograph, engraving, painting, sculpture, statue, artifact,
25drawing, map, newspaper, pamphlet, broadside, magazine,
26manuscript, document, letter, microfilm, sound recording,

 

 

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1audiovisual material, magnetic or other tape, electronic data
2processing record or other documentary, written or printed
3material regardless of physical form or characteristics, or any
4part thereof, belonging to, or on loan to or otherwise in the
5custody of a library facility.
6    "Manufacture or assembly of an unlawful access device"
7means to make, produce or assemble an unlawful access device or
8to modify, alter, program or re-program any instrument, device,
9machine, equipment or software so that it is capable of
10defeating or circumventing any technology, device or software
11used by the provider, owner or licensee of a communication
12service or of any data, audio or video programs or
13transmissions to protect any such communication, data, audio or
14video services, programs or transmissions from unauthorized
15access, acquisition, disclosure, receipt, decryption,
16communication, transmission or re-transmission.
17    "Manufacture or assembly of an unlawful communication
18device" means to make, produce or assemble an unlawful
19communication or wireless device or to modify, alter, program
20or reprogram a communication or wireless device to be capable
21of acquiring, disrupting, receiving, transmitting, decrypting,
22or facilitating the acquisition, disruption, receipt,
23transmission or decryption of, a communication service without
24the express consent or express authorization of the
25communication service provider, or to knowingly assist others
26in those activities.

 

 

HB4354- 110 -LRB100 16397 SLF 31525 b

1    "Master sound recording" means the original physical
2object on which a given set of sounds were first recorded and
3which the original object from which all subsequent sound
4recordings embodying the same set of sounds are directly or
5indirectly derived.
6    "Merchandise" means any item of tangible personal
7property, including motor fuel.
8    "Merchant" means an owner or operator of any retail
9mercantile establishment or any agent, employee, lessee,
10consignee, officer, director, franchisee, or independent
11contractor of the owner or operator. "Merchant" also means a
12person who receives from an authorized user of a payment card,
13or someone the person believes to be an authorized user, a
14payment card or information from a payment card, or what the
15person believes to be a payment card or information from a
16payment card, as the instrument for obtaining, purchasing or
17receiving goods, services, money, or anything else of value
18from the person.
19    "Motor fuel" means a liquid, regardless of its properties,
20used to propel a vehicle, including gasoline and diesel.
21    "Online" means the use of any electronic or wireless device
22to access the Internet.
23    "Payment card" means a credit card, charge card, debit
24card, or any other card that is issued to an authorized card
25user and that allows the user to obtain, purchase, or receive
26goods, services, money, or anything else of value from a

 

 

HB4354- 111 -LRB100 16397 SLF 31525 b

1merchant.
2    "Person with a disability" means a person who suffers from
3a physical or mental impairment resulting from disease, injury,
4functional disorder or congenital condition that impairs the
5individual's mental or physical ability to independently
6manage his or her property or financial resources, or both.
7    "Personal identification document" means a birth
8certificate, a driver's license, a State identification card, a
9public, government, or private employment identification card,
10a social security card, a license issued under the Firearm
11Concealed Carry Act firearm owner's identification card, a
12credit card, a debit card, or a passport issued to or on behalf
13of a person other than the offender, or any document made or
14issued, or falsely purported to have been made or issued, by or
15under the authority of the United States Government, the State
16of Illinois, or any other state political subdivision of any
17state, or any other governmental or quasi-governmental
18organization that is of a type intended for the purpose of
19identification of an individual, or any such document made or
20altered in a manner that it falsely purports to have been made
21on behalf of or issued to another person or by the authority of
22one who did not give that authority.
23    "Personal identifying information" means any of the
24following information:
25        (1) A person's name.
26        (2) A person's address.

 

 

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1        (3) A person's date of birth.
2        (4) A person's telephone number.
3        (5) A person's driver's license number or State of
4    Illinois identification card as assigned by the Secretary
5    of State of the State of Illinois or a similar agency of
6    another state.
7        (6) A person's social security number.
8        (7) A person's public, private, or government
9    employer, place of employment, or employment
10    identification number.
11        (8) The maiden name of a person's mother.
12        (9) The number assigned to a person's depository
13    account, savings account, or brokerage account.
14        (10) The number assigned to a person's credit or debit
15    card, commonly known as a "Visa Card", "MasterCard",
16    "American Express Card", "Discover Card", or other similar
17    cards whether issued by a financial institution,
18    corporation, or business entity.
19        (11) Personal identification numbers.
20        (12) Electronic identification numbers.
21        (13) Digital signals.
22        (14) User names, passwords, and any other word, number,
23    character or combination of the same usable in whole or
24    part to access information relating to a specific
25    individual, or to the actions taken, communications made or
26    received, or other activities or transactions of a specific

 

 

HB4354- 113 -LRB100 16397 SLF 31525 b

1    individual.
2        (15) Any other numbers or information which can be used
3    to access a person's financial resources, or to identify a
4    specific individual, or the actions taken, communications
5    made or received, or other activities or transactions of a
6    specific individual.
7    "Premises of a retail mercantile establishment" includes,
8but is not limited to, the retail mercantile establishment; any
9common use areas in shopping centers; and all parking areas set
10aside by a merchant or on behalf of a merchant for the parking
11of vehicles for the convenience of the patrons of such retail
12mercantile establishment.
13    "Public water, gas, or power supply, or other public
14services" mean any service subject to regulation by the
15Illinois Commerce Commission; any service furnished by a public
16utility that is owned and operated by any political
17subdivision, public institution of higher education or
18municipal corporation of this State; any service furnished by
19any public utility that is owned by such political subdivision,
20public institution of higher education, or municipal
21corporation and operated by any of its lessees or operating
22agents; any service furnished by an electric cooperative as
23defined in Section 3.4 of the Electric Supplier Act; or
24wireless service or other service regulated by the Federal
25Communications Commission.
26    "Publish" means to communicate or disseminate information

 

 

HB4354- 114 -LRB100 16397 SLF 31525 b

1to any one or more persons, either orally, in person, or by
2telephone, radio or television or in writing of any kind,
3including, without limitation, a letter or memorandum,
4circular or handbill, newspaper or magazine article or book.
5    "Radio frequency identification device" means any
6implement, computer file, computer disc, electronic device,
7computer hardware, computer software, or instrument that is
8used to activate, read, receive, or decode information stored
9on a RFID tag or transponder attached to a personal
10identification document.
11    "RFID tag or transponder" means a chip or device that
12contains personal identifying information from which the
13personal identifying information can be read or decoded by
14another device emitting a radio frequency that activates or
15powers a radio frequency emission response from the chip or
16transponder.
17    "Reencoder" means an electronic device that places encoded
18information from the magnetic strip or stripe of a payment card
19onto the magnetic strip or stripe of a different payment card.
20    "Retail mercantile establishment" means any place where
21merchandise is displayed, held, stored or offered for sale to
22the public.
23    "Scanning device" means a scanner, reader, or any other
24electronic device that is used to access, read, scan, obtain,
25memorize, or store, temporarily or permanently, information
26encoded on the magnetic strip or stripe of a payment card.

 

 

HB4354- 115 -LRB100 16397 SLF 31525 b

1    "Shopping cart" means those push carts of the type or types
2which are commonly provided by grocery stores, drug stores or
3other retail mercantile establishments for the use of the
4public in transporting commodities in stores and markets and,
5incidentally, from the stores to a place outside the store.
6    "Sound or audio visual recording" means any sound or audio
7visual phonograph record, disc, pre-recorded tape, film, wire,
8magnetic tape or other object, device or medium, now known or
9hereafter invented, by which sounds or images may be reproduced
10with or without the use of any additional machine, equipment or
11device.
12    "Theft detection device remover" means any tool or device
13specifically designed and intended to be used to remove any
14theft detection device from any merchandise.
15    "Under-ring" means to cause the cash register or other
16sales recording device to reflect less than the full retail
17value of the merchandise.
18    "Unidentified sound or audio visual recording" means a
19sound or audio visual recording without the actual name and
20full and correct street address of the manufacturer, and the
21name of the actual performers or groups prominently and legibly
22printed on the outside cover or jacket and on the label of such
23sound or audio visual recording.
24    "Unlawful access device" means any type of instrument,
25device, machine, equipment, technology, or software which is
26primarily possessed, used, designed, assembled, manufactured,

 

 

HB4354- 116 -LRB100 16397 SLF 31525 b

1sold, distributed or offered, promoted or advertised for the
2purpose of defeating or circumventing any technology, device or
3software, or any component or part thereof, used by the
4provider, owner or licensee of any communication service or of
5any data, audio or video programs or transmissions to protect
6any such communication, audio or video services, programs or
7transmissions from unauthorized access, acquisition, receipt,
8decryption, disclosure, communication, transmission or
9re-transmission.
10    "Unlawful communication device" means any electronic
11serial number, mobile identification number, personal
12identification number or any communication or wireless device
13that is capable of acquiring or facilitating the acquisition of
14a communication service without the express consent or express
15authorization of the communication service provider, or that
16has been altered, modified, programmed or reprogrammed, alone
17or in conjunction with another communication or wireless device
18or other equipment, to so acquire or facilitate the
19unauthorized acquisition of a communication service. "Unlawful
20communication device" also means:
21        (1) any phone altered to obtain service without the
22    express consent or express authorization of the
23    communication service provider, tumbler phone, counterfeit
24    or clone phone, tumbler microchip, counterfeit or clone
25    microchip, scanning receiver of wireless communication
26    service or other instrument capable of disguising its

 

 

HB4354- 117 -LRB100 16397 SLF 31525 b

1    identity or location or of gaining unauthorized access to a
2    communications or wireless system operated by a
3    communication service provider; and
4        (2) any communication or wireless device which is
5    capable of, or has been altered, designed, modified,
6    programmed or reprogrammed, alone or in conjunction with
7    another communication or wireless device or devices, so as
8    to be capable of, facilitating the disruption,
9    acquisition, receipt, transmission or decryption of a
10    communication service without the express consent or
11    express authorization of the communication service
12    provider, including, but not limited to, any device,
13    technology, product, service, equipment, computer software
14    or component or part thereof, primarily distributed, sold,
15    designed, assembled, manufactured, modified, programmed,
16    reprogrammed or used for the purpose of providing the
17    unauthorized receipt of, transmission of, disruption of,
18    decryption of, access to or acquisition of any
19    communication service provided by any communication
20    service provider.
21    "Vehicle" means a motor vehicle, motorcycle, or farm
22implement that is self-propelled and that uses motor fuel for
23propulsion.
24    "Wireless device" includes any type of instrument, device,
25machine, or equipment that is capable of transmitting or
26receiving telephonic, electronic or radio communications, or

 

 

HB4354- 118 -LRB100 16397 SLF 31525 b

1any part of such instrument, device, machine, or equipment, or
2any computer circuit, computer chip, electronic mechanism, or
3other component that is capable of facilitating the
4transmission or reception of telephonic, electronic, or radio
5communications.
6(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
71-1-12; 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
9    Sec. 17-30. Defaced, altered, or removed manufacturer or
10owner identification number.
11    (a) Unlawful sale of household appliances. A person commits
12unlawful sale of household appliances when he or she knowingly,
13with the intent to defraud or deceive another, keeps for sale,
14within any commercial context, any household appliance with a
15missing, defaced, obliterated, or otherwise altered
16manufacturer's identification number.
17    (b) Construction equipment identification defacement. A
18person commits construction equipment identification
19defacement when he or she knowingly changes, alters, removes,
20mutilates, or obliterates a permanently affixed serial number,
21product identification number, part number, component
22identification number, owner-applied identification, or other
23mark of identification attached to or stamped, inscribed,
24molded, or etched into a machine or other equipment, whether
25stationary or mobile or self-propelled, or a part of such

 

 

HB4354- 119 -LRB100 16397 SLF 31525 b

1machine or equipment, used in the construction, maintenance, or
2demolition of buildings, structures, bridges, tunnels, sewers,
3utility pipes or lines, ditches or open cuts, roads, highways,
4dams, airports, or waterways or in material handling for such
5projects.
6    The trier of fact may infer that the defendant has
7knowingly changed, altered, removed, or obliterated the serial
8number, product identification number, part number, component
9identification number, owner-applied identification number, or
10other mark of identification, if the defendant was in
11possession of any machine or other equipment or a part of such
12machine or equipment used in the construction, maintenance, or
13demolition of buildings, structures, bridges, tunnels, sewers,
14utility pipes or lines, ditches or open cuts, roads, highways,
15dams, airports, or waterways or in material handling for such
16projects upon which any such serial number, product
17identification number, part number, component identification
18number, owner-applied identification number, or other mark of
19identification has been changed, altered, removed, or
20obliterated.
21    (c) Defacement of manufacturer's serial number or
22identification mark. A person commits defacement of a
23manufacturer's serial number or identification mark when he or
24she knowingly removes, alters, defaces, covers, or destroys the
25manufacturer's serial number or any other manufacturer's
26number or distinguishing identification mark upon any machine

 

 

HB4354- 120 -LRB100 16397 SLF 31525 b

1or other article of merchandise, other than a motor vehicle as
2defined in Section 1-146 of the Illinois Vehicle Code or a
3firearm as defined in the Firearm Owners Identification Card
4Act, with the intent of concealing or destroying the identity
5of such machine or other article of merchandise.
6    (d) Sentence.
7        (1) A violation of subsection (a) of this Section is a
8    Class 4 felony if the value of the appliance or appliances
9    exceeds $1,000 and a Class B misdemeanor if the value of
10    the appliance or appliances is $1,000 or less.
11        (2) A violation of subsection (b) of this Section is a
12    Class A misdemeanor.
13        (3) A violation of subsection (c) of this Section is a
14    Class B misdemeanor.
15    (e) No liability shall be imposed upon any person for the
16unintentional failure to comply with subsection (a).
17    (f) Definitions. In this Section:
18    "Commercial context" means a continuing business
19enterprise conducted for profit by any person whose primary
20business is the wholesale or retail marketing of household
21appliances, or a significant portion of whose business or
22inventory consists of household appliances kept or sold on a
23wholesale or retail basis.
24    "Household appliance" means any gas or electric device or
25machine marketed for use as home entertainment or for
26facilitating or expediting household tasks or chores. The term

 

 

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1shall include but not necessarily be limited to refrigerators,
2freezers, ranges, radios, television sets, vacuum cleaners,
3toasters, dishwashers, and other similar household items.
4    "Manufacturer's identification number" means any serial
5number or other similar numerical or alphabetical designation
6imprinted upon or attached to or placed, stamped, or otherwise
7imprinted upon or attached to a household appliance or item by
8the manufacturer for purposes of identifying a particular
9appliance or item individually or by lot number.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
12    Sec. 24-1. Unlawful use of weapons.
13    (a) A person commits the offense of unlawful use of weapons
14when he knowingly:
15        (1) Sells, manufactures, purchases, possesses or
16    carries any bludgeon, black-jack, slung-shot, sand-club,
17    sand-bag, metal knuckles or other knuckle weapon
18    regardless of its composition, throwing star, or any knife,
19    commonly referred to as a switchblade knife, which has a
20    blade that opens automatically by hand pressure applied to
21    a button, spring or other device in the handle of the
22    knife, or a ballistic knife, which is a device that propels
23    a knifelike blade as a projectile by means of a coil
24    spring, elastic material or compressed gas; or
25        (2) Carries or possesses with intent to use the same

 

 

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1    unlawfully against another, a dagger, dirk, billy,
2    dangerous knife, razor, stiletto, broken bottle or other
3    piece of glass, stun gun or taser or any other dangerous or
4    deadly weapon or instrument of like character; or
5        (3) Carries on or about his person or in any vehicle, a
6    tear gas gun projector or bomb or any object containing
7    noxious liquid gas or substance, other than an object
8    containing a non-lethal noxious liquid gas or substance
9    designed solely for personal defense carried by a person 18
10    years of age or older; or
11        (4) Carries or possesses in any vehicle or concealed on
12    or about his person except when on his land or in his own
13    abode, legal dwelling, or fixed place of business, or on
14    the land or in the legal dwelling of another person as an
15    invitee with that person's permission, any pistol,
16    revolver, stun gun or taser or other firearm, except that
17    this subsection (a) (4) does not apply to or affect
18    transportation of weapons that meet one of the following
19    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

 

 

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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; or
5        (5) Sets a spring gun; or
6        (6) Possesses any device or attachment of any kind
7    designed, used or intended for use in silencing the report
8    of any firearm; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less than
24        16 inches in length or a shotgun having one or more
25        barrels less than 18 inches in length or any weapon
26        made from a rifle or shotgun, whether by alteration,

 

 

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1        modification, or otherwise, if such a weapon as
2        modified has an overall length of less than 26 inches;
3        or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or taser
10    or other deadly weapon in any place which is licensed to
11    sell intoxicating beverages, or at any public gathering
12    held pursuant to a license issued by any governmental body
13    or any public gathering at which an admission is charged,
14    excluding a place where a showing, demonstration or lecture
15    involving the exhibition of unloaded firearms is
16    conducted.
17        This subsection (a)(8) does not apply to any auction or
18    raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to persons
20    engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his person any pistol, revolver, stun gun or taser or
23    firearm or ballistic knife, when he is hooded, robed or
24    masked in such manner as to conceal his identity; or
25        (10) Carries or possesses on or about his person, upon
26    any public street, alley, or other public lands within the

 

 

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1    corporate limits of a city, village or incorporated town,
2    except when an invitee thereon or therein, for the purpose
3    of the display of such weapon or the lawful commerce in
4    weapons, or except when on his land or in his own abode,
5    legal dwelling, or fixed place of business, or on the land
6    or in the legal dwelling of another person as an invitee
7    with that person's permission, any pistol, revolver, stun
8    gun or taser or other firearm, except that this subsection
9    (a) (10) does not apply to or affect transportation of
10    weapons that meet one of the following conditions:
11            (i) are broken down in a non-functioning state; or
12            (ii) are not immediately accessible; or
13            (iii) are unloaded and enclosed in a case, firearm
14        carrying box, shipping box, or other container by a
15        person eligible under State and federal law to possess
16        a firearm who has been issued a currently valid Firearm
17        Owner's Identification Card; or
18            (iv) are carried or possessed in accordance with
19        the Firearm Concealed Carry Act by a person who has
20        been issued a currently valid license under the Firearm
21        Concealed Carry Act.
22        A "stun gun or taser", as used in this paragraph (a)
23    means (i) any device which is powered by electrical
24    charging units, such as, batteries, and which fires one or
25    several barbs attached to a length of wire and which, upon
26    hitting a human, can send out a current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning or (ii) any
3    device which is powered by electrical charging units, such
4    as batteries, and which, upon contact with a human or
5    clothing worn by a human, can send out current capable of
6    disrupting the person's nervous system in such a manner as
7    to render him incapable of normal functioning; or
8        (11) Sells, manufactures or purchases any explosive
9    bullet. For purposes of this paragraph (a) "explosive
10    bullet" means the projectile portion of an ammunition
11    cartridge which contains or carries an explosive charge
12    which will explode upon contact with the flesh of a human
13    or an animal. "Cartridge" means a tubular metal case having
14    a projectile affixed at the front thereof and a cap or
15    primer at the rear end thereof, with the propellant
16    contained in such tube between the projectile and the cap;
17    or
18        (12) (Blank); or
19        (13) Carries or possesses on or about his or her person
20    while in a building occupied by a unit of government, a
21    billy club, other weapon of like character, or other
22    instrument of like character intended for use as a weapon.
23    For the purposes of this Section, "billy club" means a
24    short stick or club commonly carried by police officers
25    which is either telescopic or constructed of a solid piece
26    of wood or other man-made material.

 

 

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1    (b) Sentence. A person convicted of a violation of
2subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
3subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
4Class A misdemeanor. A person convicted of a violation of
5subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
6person convicted of a violation of subsection 24-1(a)(6) or
724-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
8convicted of a violation of subsection 24-1(a)(7)(i) commits a
9Class 2 felony and shall be sentenced to a term of imprisonment
10of not less than 3 years and not more than 7 years, unless the
11weapon is possessed in the passenger compartment of a motor
12vehicle as defined in Section 1-146 of the Illinois Vehicle
13Code, or on the person, while the weapon is loaded, in which
14case it shall be a Class X felony. A person convicted of a
15second or subsequent violation of subsection 24-1(a)(4),
1624-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
17felony. The possession of each weapon in violation of this
18Section constitutes a single and separate violation.
19    (c) Violations in specific places.
20        (1) A person who violates subsection 24-1(a)(6) or
21    24-1(a)(7) in any school, regardless of the time of day or
22    the time of year, in residential property owned, operated
23    or managed by a public housing agency or leased by a public
24    housing agency as part of a scattered site or mixed-income
25    development, in a public park, in a courthouse, on the real
26    property comprising any school, regardless of the time of

 

 

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1    day or the time of year, on residential property owned,
2    operated or managed by a public housing agency or leased by
3    a public housing agency as part of a scattered site or
4    mixed-income development, on the real property comprising
5    any public park, on the real property comprising any
6    courthouse, in any conveyance owned, leased or contracted
7    by a school to transport students to or from school or a
8    school related activity, in any conveyance owned, leased,
9    or contracted by a public transportation agency, or on any
10    public way within 1,000 feet of the real property
11    comprising any school, public park, courthouse, public
12    transportation facility, or residential property owned,
13    operated, or managed by a public housing agency or leased
14    by a public housing agency as part of a scattered site or
15    mixed-income development commits a Class 2 felony and shall
16    be sentenced to a term of imprisonment of not less than 3
17    years and not more than 7 years.
18        (1.5) A person who violates subsection 24-1(a)(4),
19    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
20    time of day or the time of year, in residential property
21    owned, operated, or managed by a public housing agency or
22    leased by a public housing agency as part of a scattered
23    site or mixed-income development, in a public park, in a
24    courthouse, on the real property comprising any school,
25    regardless of the time of day or the time of year, on
26    residential property owned, operated, or managed by a

 

 

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

 

 

HB4354- 130 -LRB100 16397 SLF 31525 b

1    property comprising any courthouse, in any conveyance
2    owned, leased or contracted by a school to transport
3    students to or from school or a school related activity, in
4    any conveyance owned, leased, or contracted by a public
5    transportation agency, or on any public way within 1,000
6    feet of the real property comprising any school, public
7    park, courthouse, public transportation facility, or
8    residential property owned, operated, or managed by a
9    public housing agency or leased by a public housing agency
10    as part of a scattered site or mixed-income development
11    commits a Class 4 felony. "Courthouse" means any building
12    that is used by the Circuit, Appellate, or Supreme Court of
13    this State for the conduct of official business.
14        (3) Paragraphs (1), (1.5), and (2) of this subsection
15    (c) shall not apply to law enforcement officers or security
16    officers of such school, college, or university or to
17    students carrying or possessing firearms for use in
18    training courses, parades, hunting, target shooting on
19    school ranges, or otherwise with the consent of school
20    authorities and which firearms are transported unloaded
21    enclosed in a suitable case, box, or transportation
22    package.
23        (4) For the purposes of this subsection (c), "school"
24    means any public or private elementary or secondary school,
25    community college, college, or university.
26        (5) For the purposes of this subsection (c), "public

 

 

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1    transportation agency" means a public or private agency
2    that provides for the transportation or conveyance of
3    persons by means available to the general public, except
4    for transportation by automobiles not used for conveyance
5    of the general public as passengers; and "public
6    transportation facility" means a terminal or other place
7    where one may obtain public transportation.
8    (d) The presence in an automobile other than a public
9omnibus of any weapon, instrument or substance referred to in
10subsection (a)(7) is prima facie evidence that it is in the
11possession of, and is being carried by, all persons occupying
12such automobile at the time such weapon, instrument or
13substance is found, except under the following circumstances:
14(i) if such weapon, instrument or instrumentality is found upon
15the person of one of the occupants therein; or (ii) if such
16weapon, instrument or substance is found in an automobile
17operated for hire by a duly licensed driver in the due, lawful
18and proper pursuit of his trade, then such presumption shall
19not apply to the driver.
20    (e) Exemptions.
21        (1) Crossbows, Common or Compound bows and Underwater
22    Spearguns are exempted from the definition of ballistic
23    knife as defined in paragraph (1) of subsection (a) of this
24    Section.
25        (2) The provision of paragraph (1) of subsection (a) of
26    this Section prohibiting the sale, manufacture, purchase,

 

 

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1    possession, or carrying of any knife, commonly referred to
2    as a switchblade knife, which has a blade that opens
3    automatically by hand pressure applied to a button, spring
4    or other device in the handle of the knife, does not apply
5    to a person who possesses a currently valid Firearm Owner's
6    Identification Card previously issued in his or her name by
7    the Department of State Police or to a person or an entity
8    engaged in the business of selling or manufacturing
9    switchblade knives.
10(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
11    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
12    Sec. 24-1.1. Unlawful use or possession of weapons by
13felons or persons in the custody of the Department of
14Corrections facilities.
15    (a) It is unlawful for a person to knowingly possess on or
16about his person or on his land or in his own abode or fixed
17place of business any weapon prohibited under Section 24-1 of
18this Act or any firearm or any firearm ammunition if the person
19has been convicted of a felony under the laws of this State or
20any other jurisdiction. This Section shall not apply if the
21person has been granted relief under this subsection (a) by the
22Director of the Department of State Police under Section 10 of
23the Firearm Owners Identification Card Act. A person prohibited
24from possessing a firearm under this subsection (a) may
25petition the Director of State Police for a hearing and relief

 

 

HB4354- 133 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 134 -LRB100 16397 SLF 31525 b

1    where applicable, the petitioner's criminal history and
2    his or her reputation are such that the petitioner will not
3    be likely to act in a manner dangerous to public safety;
4        (4) granting relief would not be contrary to the public
5    interest; and
6        (5) granting relief would not be contrary to federal
7    law.
8    (b) It is unlawful for any person confined in a penal
9institution, which is a facility of the Illinois Department of
10Corrections, to possess any weapon prohibited under Section
1124-1 of this Code or any firearm or firearm ammunition,
12regardless of the intent with which he possesses it.
13    (c) It shall be an affirmative defense to a violation of
14subsection (b), that such possession was specifically
15authorized by rule, regulation, or directive of the Illinois
16Department of Corrections or order issued pursuant thereto.
17    (d) The defense of necessity is not available to a person
18who is charged with a violation of subsection (b) of this
19Section.
20    (e) Sentence. Violation of this Section by a person not
21confined in a penal institution shall be a Class 3 felony for
22which the person shall be sentenced to no less than 2 years and
23no more than 10 years. A second or subsequent violation of this
24Section shall be a Class 2 felony for which the person shall be
25sentenced to a term of imprisonment of not less than 3 years
26and not more than 14 years, except as provided for in Section

 

 

HB4354- 135 -LRB100 16397 SLF 31525 b

15-4.5-110 of the Unified Code of Corrections. Violation of this
2Section by a person not confined in a penal institution who has
3been convicted of a forcible felony, a felony violation of
4Article 24 of this Code or of the Firearm Owners Identification
5Card Act, stalking or aggravated stalking, or a Class 2 or
6greater felony under the Illinois Controlled Substances Act,
7the Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act is a Class 2 felony for which the
9person shall be sentenced to not less than 3 years and not more
10than 14 years, except as provided for in Section 5-4.5-110 of
11the Unified Code of Corrections. Violation of this Section by a
12person who is on parole or mandatory supervised release is a
13Class 2 felony for which the person shall be sentenced to not
14less than 3 years and not more than 14 years, except as
15provided for in Section 5-4.5-110 of the Unified Code of
16Corrections. Violation of this Section by a person not confined
17in a penal institution is a Class X felony when the firearm
18possessed is a machine gun. Any person who violates this
19Section while confined in a penal institution, which is a
20facility of the Illinois Department of Corrections, is guilty
21of a Class 1 felony, if he possesses any weapon prohibited
22under Section 24-1 of this Code regardless of the intent with
23which he possesses it, a Class X felony if he possesses any
24firearm, firearm ammunition or explosive, and a Class X felony
25for which the offender shall be sentenced to not less than 12
26years and not more than 50 years when the firearm possessed is

 

 

HB4354- 136 -LRB100 16397 SLF 31525 b

1a machine gun. A violation of this Section while wearing or in
2possession of body armor as defined in Section 33F-1 is a Class
3X felony punishable by a term of imprisonment of not less than
410 years and not more than 40 years. The possession of each
5firearm or firearm ammunition in violation of this Section
6constitutes a single and separate violation.
7(Source: P.A. 100-3, eff. 1-1-18.)
 
8    (720 ILCS 5/24-1.6)
9    Sec. 24-1.6. Aggravated unlawful use of a weapon.
10    (a) A person commits the offense of aggravated unlawful use
11of a weapon when he or she knowingly:
12        (1) Carries on or about his or her person or in any
13    vehicle or concealed on or about his or her person except
14    when on his or her land or in his or her abode, legal
15    dwelling, or fixed place of business, or on the land or in
16    the legal dwelling of another person as an invitee with
17    that person's permission, any pistol, revolver, stun gun or
18    taser or other firearm; or
19        (2) Carries or possesses on or about his or her person,
20    upon any public street, alley, or other public lands within
21    the corporate limits of a city, village or incorporated
22    town, except when an invitee thereon or therein, for the
23    purpose of the display of such weapon or the lawful
24    commerce in weapons, or except when on his or her own land
25    or in his or her own abode, legal dwelling, or fixed place

 

 

HB4354- 137 -LRB100 16397 SLF 31525 b

1    of business, or on the land or in the legal dwelling of
2    another person as an invitee with that person's permission,
3    any pistol, revolver, stun gun or taser or other firearm;
4    and
5        (3) One of the following factors is present:
6            (A) the firearm, other than a pistol, revolver, or
7        handgun, possessed was uncased, loaded, and
8        immediately accessible at the time of the offense; or
9            (A-5) the pistol, revolver, or handgun possessed
10        was uncased, loaded, and immediately accessible at the
11        time of the offense and the person possessing the
12        pistol, revolver, or handgun has not been issued a
13        currently valid license under the Firearm Concealed
14        Carry Act; or
15            (B) the firearm, other than a pistol, revolver, or
16        handgun, possessed was uncased, unloaded, and the
17        ammunition for the weapon was immediately accessible
18        at the time of the offense; or
19            (B-5) the pistol, revolver, or handgun possessed
20        was uncased, unloaded, and the ammunition for the
21        weapon was immediately accessible at the time of the
22        offense and the person possessing the pistol,
23        revolver, or handgun has not been issued a currently
24        valid license under the Firearm Concealed Carry Act; or
25            (C) (blank); or the person possessing the firearm
26        has not been issued a currently valid Firearm Owner's

 

 

HB4354- 138 -LRB100 16397 SLF 31525 b

1        Identification Card; or
2            (D) the person possessing the weapon was
3        previously adjudicated a delinquent minor under the
4        Juvenile Court Act of 1987 for an act that if committed
5        by an adult would be a felony; or
6            (E) the person possessing the weapon was engaged in
7        a misdemeanor violation of the Cannabis Control Act, in
8        a misdemeanor violation of the Illinois Controlled
9        Substances Act, or in a misdemeanor violation of the
10        Methamphetamine Control and Community Protection Act;
11        or
12            (F) (blank); or
13            (G) the person possessing the weapon had an order
14        of protection issued against him or her within the
15        previous 2 years; or
16            (H) the person possessing the weapon was engaged in
17        the commission or attempted commission of a
18        misdemeanor involving the use or threat of violence
19        against the person or property of another; or
20            (I) the person possessing the weapon was under 21
21        years of age and in possession of a handgun, unless the
22        person under 21 is engaged in lawful activities under
23        the Wildlife Code or described in subsection
24        24-2(b)(1), (b)(3), or 24-2(f).
25    (a-5) "Handgun" as used in this Section has the meaning
26given to it in Section 5 of the Firearm Concealed Carry Act.

 

 

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1    (b) "Stun gun or taser" as used in this Section has the
2same definition given to it in Section 24-1 of this Code.
3    (c) This Section does not apply to or affect the
4transportation or possession of weapons that:
5        (i) are broken down in a non-functioning state; or
6        (ii) are not immediately accessible; or
7        (iii) are unloaded and enclosed in a case, firearm
8    carrying box, shipping box, or other container by a person
9    who is eligible under State and federal law to possess a
10    firearm has been issued a currently valid Firearm Owner's
11    Identification Card.
12    (d) Sentence.
13        (1) Aggravated unlawful use of a weapon is a Class 4
14    felony; a second or subsequent offense is a Class 2 felony
15    for which the person shall be sentenced to a term of
16    imprisonment of not less than 3 years and not more than 7
17    years, except as provided for in Section 5-4.5-110 of the
18    Unified Code of Corrections.
19        (2) (Blank). Except as otherwise provided in
20    paragraphs (3) and (4) of this subsection (d), a first
21    offense of aggravated unlawful use of a weapon committed
22    with a firearm by a person 18 years of age or older where
23    the factors listed in both items (A) and (C) or both items
24    (A-5) and (C) of paragraph (3) of subsection (a) are
25    present is a Class 4 felony, for which the person shall be
26    sentenced to a term of imprisonment of not less than one

 

 

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1    year and not more than 3 years.
2        (3) Aggravated unlawful use of a weapon by a person who
3    has been previously convicted of a felony in this State or
4    another jurisdiction is a Class 2 felony for which the
5    person shall be sentenced to a term of imprisonment of not
6    less than 3 years and not more than 7 years, except as
7    provided for in Section 5-4.5-110 of the Unified Code of
8    Corrections.
9        (4) Aggravated unlawful use of a weapon while wearing
10    or in possession of body armor as defined in Section 33F-1
11    by a person who is prohibited under State or federal law
12    from possessing a firearm has not been issued a valid
13    Firearms Owner's Identification Card in accordance with
14    Section 5 of the Firearm Owners Identification Card Act is
15    a Class X felony.
16    (e) The possession of each firearm in violation of this
17Section constitutes a single and separate violation.
18(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
19    (720 ILCS 5/24-1.8)
20    Sec. 24-1.8. Unlawful possession of a firearm by a street
21gang member.
22    (a) A person commits unlawful possession of a firearm by a
23street gang member when he or she knowingly:
24        (1) possesses, carries, or conceals on or about his or
25    her person a firearm and firearm ammunition while on any

 

 

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1    street, road, alley, gangway, sidewalk, or any other lands,
2    except when inside his or her own abode or inside his or
3    her fixed place of business, and has not been issued a
4    currently valid Firearm Owner's Identification Card and is
5    a member of a street gang; or
6        (2) possesses or carries in any vehicle a firearm and
7    firearm ammunition which are both immediately accessible
8    at the time of the offense while on any street, road,
9    alley, or any other lands, except when inside his or her
10    own abode or garage, and has not been issued a currently
11    valid Firearm Owner's Identification Card and is a member
12    of a street gang.
13    (b) Unlawful possession of a firearm by a street gang
14member is a Class 2 felony for which the person, if sentenced
15to a term of imprisonment, shall be sentenced to no less than 3
16years and no more than 10 years. A period of probation, a term
17of periodic imprisonment or conditional discharge shall not be
18imposed for the offense of unlawful possession of a firearm by
19a street gang member when the firearm was loaded or contained
20firearm ammunition and the court shall sentence the offender to
21not less than the minimum term of imprisonment authorized for
22the Class 2 felony.
23    (c) For purposes of this Section:
24        "Street gang" or "gang" has the meaning ascribed to it
25    in Section 10 of the Illinois Streetgang Terrorism Omnibus
26    Prevention Act.

 

 

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1        "Street gang member" or "gang member" has the meaning
2    ascribed to it in Section 10 of the Illinois Streetgang
3    Terrorism Omnibus Prevention Act.
4(Source: P.A. 96-829, eff. 12-3-09.)
 
5    (720 ILCS 5/24-2)
6    Sec. 24-2. Exemptions.
7    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
824-1(a)(13) and Section 24-1.6 do not apply to or affect any of
9the following:
10        (1) Peace officers, and any person summoned by a peace
11    officer to assist in making arrests or preserving the
12    peace, while actually engaged in assisting such officer.
13        (2) Wardens, superintendents and keepers of prisons,
14    penitentiaries, jails and other institutions for the
15    detention of persons accused or convicted of an offense,
16    while in the performance of their official duty, or while
17    commuting between their homes and places of employment.
18        (3) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard or the
20    Reserve Officers Training Corps, while in the performance
21    of their official duty.
22        (4) Special agents employed by a railroad or a public
23    utility to perform police functions, and guards of armored
24    car companies, while actually engaged in the performance of
25    the duties of their employment or commuting between their

 

 

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1    homes and places of employment; and watchmen while actually
2    engaged in the performance of the duties of their
3    employment.
4        (5) Persons licensed as private security contractors,
5    private detectives, or private alarm contractors, or
6    employed by a private security contractor, private
7    detective, or private alarm contractor agency licensed by
8    the Department of Financial and Professional Regulation,
9    if their duties include the carrying of a weapon under the
10    provisions of the Private Detective, Private Alarm,
11    Private Security, Fingerprint Vendor, and Locksmith Act of
12    2004, while actually engaged in the performance of the
13    duties of their employment or commuting between their homes
14    and places of employment. A person shall be considered
15    eligible for this exemption if he or she has completed the
16    required 20 hours of training for a private security
17    contractor, private detective, or private alarm
18    contractor, or employee of a licensed private security
19    contractor, private detective, or private alarm contractor
20    agency and 20 hours of required firearm training, and has
21    been issued a firearm control card by the Department of
22    Financial and Professional Regulation. Conditions for the
23    renewal of firearm control cards issued under the
24    provisions of this Section shall be the same as for those
25    cards issued under the provisions of the Private Detective,
26    Private Alarm, Private Security, Fingerprint Vendor, and

 

 

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1    Locksmith Act of 2004. The firearm control card shall be
2    carried by the private security contractor, private
3    detective, or private alarm contractor, or employee of the
4    licensed private security contractor, private detective,
5    or private alarm contractor agency at all times when he or
6    she is in possession of a concealable weapon permitted by
7    his or her firearm control card.
8        (6) Any person regularly employed in a commercial or
9    industrial operation as a security guard for the protection
10    of persons employed and private property related to such
11    commercial or industrial operation, while actually engaged
12    in the performance of his or her duty or traveling between
13    sites or properties belonging to the employer, and who, as
14    a security guard, is a member of a security force
15    registered with the Department of Financial and
16    Professional Regulation; provided that such security guard
17    has successfully completed a course of study, approved by
18    and supervised by the Department of Financial and
19    Professional Regulation, consisting of not less than 40
20    hours of training that includes the theory of law
21    enforcement, liability for acts, and the handling of
22    weapons. A person shall be considered eligible for this
23    exemption if he or she has completed the required 20 hours
24    of training for a security officer and 20 hours of required
25    firearm training, and has been issued a firearm control
26    card by the Department of Financial and Professional

 

 

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1    Regulation. Conditions for the renewal of firearm control
2    cards issued under the provisions of this Section shall be
3    the same as for those cards issued under the provisions of
4    the Private Detective, Private Alarm, Private Security,
5    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
6    control card shall be carried by the security guard at all
7    times when he or she is in possession of a concealable
8    weapon permitted by his or her firearm control card.
9        (7) Agents and investigators of the Illinois
10    Legislative Investigating Commission authorized by the
11    Commission to carry the weapons specified in subsections
12    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
13    any investigation for the Commission.
14        (8) Persons employed by a financial institution as a
15    security guard for the protection of other employees and
16    property related to such financial institution, while
17    actually engaged in the performance of their duties,
18    commuting between their homes and places of employment, or
19    traveling between sites or properties owned or operated by
20    such financial institution, and who, as a security guard,
21    is a member of a security force registered with the
22    Department; provided that any person so employed has
23    successfully completed a course of study, approved by and
24    supervised by the Department of Financial and Professional
25    Regulation, consisting of not less than 40 hours of
26    training which includes theory of law enforcement,

 

 

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1    liability for acts, and the handling of weapons. A person
2    shall be considered to be eligible for this exemption if he
3    or she has completed the required 20 hours of training for
4    a security officer and 20 hours of required firearm
5    training, and has been issued a firearm control card by the
6    Department of Financial and Professional Regulation.
7    Conditions for renewal of firearm control cards issued
8    under the provisions of this Section shall be the same as
9    for those issued under the provisions of the Private
10    Detective, Private Alarm, Private Security, Fingerprint
11    Vendor, and Locksmith Act of 2004. The firearm control card
12    shall be carried by the security guard at all times when he
13    or she is in possession of a concealable weapon permitted
14    by his or her firearm control card. For purposes of this
15    subsection, "financial institution" means a bank, savings
16    and loan association, credit union or company providing
17    armored car services.
18        (9) Any person employed by an armored car company to
19    drive an armored car, while actually engaged in the
20    performance of his duties.
21        (10) Persons who have been classified as peace officers
22    pursuant to the Peace Officer Fire Investigation Act.
23        (11) Investigators of the Office of the State's
24    Attorneys Appellate Prosecutor authorized by the board of
25    governors of the Office of the State's Attorneys Appellate
26    Prosecutor to carry weapons pursuant to Section 7.06 of the

 

 

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1    State's Attorneys Appellate Prosecutor's Act.
2        (12) Special investigators appointed by a State's
3    Attorney under Section 3-9005 of the Counties Code.
4        (12.5) Probation officers while in the performance of
5    their duties, or while commuting between their homes,
6    places of employment or specific locations that are part of
7    their assigned duties, with the consent of the chief judge
8    of the circuit for which they are employed, if they have
9    received weapons training according to requirements of the
10    Peace Officer and Probation Officer Firearm Training Act.
11        (13) Court Security Officers while in the performance
12    of their official duties, or while commuting between their
13    homes and places of employment, with the consent of the
14    Sheriff.
15        (13.5) A person employed as an armed security guard at
16    a nuclear energy, storage, weapons or development site or
17    facility regulated by the Nuclear Regulatory Commission
18    who has completed the background screening and training
19    mandated by the rules and regulations of the Nuclear
20    Regulatory Commission.
21        (14) Manufacture, transportation, or sale of weapons
22    to persons authorized under subdivisions (1) through
23    (13.5) of this subsection to possess those weapons.
24    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
25to or affect any person carrying a concealed pistol, revolver,
26or handgun and the person has been issued a currently valid

 

 

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1license under the Firearm Concealed Carry Act at the time of
2the commission of the offense.
3    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any of the following:
5        (1) Members of any club or organization organized for
6    the purpose of practicing shooting at targets upon
7    established target ranges, whether public or private, and
8    patrons of such ranges, while such members or patrons are
9    using their firearms on those target ranges.
10        (2) Duly authorized military or civil organizations
11    while parading, with the special permission of the
12    Governor.
13        (3) Hunters, trappers or fishermen with a license or
14    permit while engaged in hunting, trapping or fishing.
15        (4) Transportation of weapons that are broken down in a
16    non-functioning state or are not immediately accessible.
17        (5) Carrying or possessing any pistol, revolver, stun
18    gun or taser or other firearm on the land or in the legal
19    dwelling of another person as an invitee with that person's
20    permission.
21    (c) Subsection 24-1(a)(7) does not apply to or affect any
22of the following:
23        (1) Peace officers while in performance of their
24    official duties.
25        (2) Wardens, superintendents and keepers of prisons,
26    penitentiaries, jails and other institutions for the

 

 

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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 duty.
5        (4) Manufacture, transportation, or sale of machine
6    guns to persons authorized under subdivisions (1) through
7    (3) of this subsection to possess machine guns, if the
8    machine guns are broken down in a non-functioning state or
9    are not immediately accessible.
10        (5) Persons licensed under federal law to manufacture
11    any weapon from which 8 or more shots or bullets can be
12    discharged by a single function of the firing device, or
13    ammunition for such weapons, and actually engaged in the
14    business of manufacturing such weapons or ammunition, but
15    only with respect to activities which are within the lawful
16    scope of such business, such as the manufacture,
17    transportation, or testing of such weapons or ammunition.
18    This exemption does not authorize the general private
19    possession of any weapon from which 8 or more shots or
20    bullets can be discharged by a single function of the
21    firing device, but only such possession and activities as
22    are within the lawful scope of a licensed manufacturing
23    business described in this paragraph.
24        During transportation, such weapons shall be broken
25    down in a non-functioning state or not immediately
26    accessible.

 

 

HB4354- 150 -LRB100 16397 SLF 31525 b

1        (6) The manufacture, transport, testing, delivery,
2    transfer or sale, and all lawful commercial or experimental
3    activities necessary thereto, of rifles, shotguns, and
4    weapons made from rifles or shotguns, or ammunition for
5    such rifles, shotguns or weapons, where engaged in by a
6    person operating as a contractor or subcontractor pursuant
7    to a contract or subcontract for the development and supply
8    of such rifles, shotguns, weapons or ammunition to the
9    United States government or any branch of the Armed Forces
10    of the United States, when such activities are necessary
11    and incident to fulfilling the terms of such contract.
12        The exemption granted under this subdivision (c)(6)
13    shall also apply to any authorized agent of any such
14    contractor or subcontractor who is operating within the
15    scope of his employment, where such activities involving
16    such weapon, weapons or ammunition are necessary and
17    incident to fulfilling the terms of such contract.
18        (7) A person possessing a rifle with a barrel or
19    barrels less than 16 inches in length if: (A) the person
20    has been issued a Curios and Relics license from the U.S.
21    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
22    the person is an active member of a bona fide, nationally
23    recognized military re-enacting group and the modification
24    is required and necessary to accurately portray the weapon
25    for historical re-enactment purposes; the re-enactor is in
26    possession of a valid and current re-enacting group

 

 

HB4354- 151 -LRB100 16397 SLF 31525 b

1    membership credential; and the overall length of the weapon
2    as modified is not less than 26 inches.
3    (d) Subsection 24-1(a)(1) does not apply to the purchase,
4possession or carrying of a black-jack or slung-shot by a peace
5officer.
6    (e) Subsection 24-1(a)(8) does not apply to any owner,
7manager or authorized employee of any place specified in that
8subsection nor to any law enforcement officer.
9    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
10Section 24-1.6 do not apply to members of any club or
11organization organized for the purpose of practicing shooting
12at targets upon established target ranges, whether public or
13private, while using their firearms on those target ranges.
14    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
15to:
16        (1) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard, while in
18    the performance of their official duty.
19        (2) Bonafide collectors of antique or surplus military
20    ordnance.
21        (3) Laboratories having a department of forensic
22    ballistics, or specializing in the development of
23    ammunition or explosive ordnance.
24        (4) Commerce, preparation, assembly or possession of
25    explosive bullets by manufacturers of ammunition licensed
26    by the federal government, in connection with the supply of

 

 

HB4354- 152 -LRB100 16397 SLF 31525 b

1    those organizations and persons exempted by subdivision
2    (g)(1) of this Section, or like organizations and persons
3    outside this State, or the transportation of explosive
4    bullets to any organization or person exempted in this
5    Section by a common carrier or by a vehicle owned or leased
6    by an exempted manufacturer.
7    (g-5) Subsection 24-1(a)(6) does not apply to or affect
8persons licensed under federal law to manufacture any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, firearms, or ammunition
11for those firearms equipped with those devices, and actually
12engaged in the business of manufacturing those devices,
13firearms, or ammunition, but only with respect to activities
14that are within the lawful scope of that business, such as the
15manufacture, transportation, or testing of those devices,
16firearms, or ammunition. This exemption does not authorize the
17general private possession of any device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm, but only such possession and activities
20as are within the lawful scope of a licensed manufacturing
21business described in this subsection (g-5). During
22transportation, these devices shall be detached from any weapon
23or not immediately accessible.
24    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any parole agent or parole
26supervisor who meets the qualifications and conditions

 

 

HB4354- 153 -LRB100 16397 SLF 31525 b

1prescribed in Section 3-14-1.5 of the Unified Code of
2Corrections.
3    (g-7) Subsection 24-1(a)(6) does not apply to a peace
4officer while serving as a member of a tactical response team
5or special operations team. A peace officer may not personally
6own or apply for ownership of a device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm. These devices shall be owned and
9maintained by lawfully recognized units of government whose
10duties include the investigation of criminal acts.
11    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
13athlete's possession, transport on official Olympic and
14Paralympic transit systems established for athletes, or use of
15competition firearms sanctioned by the International Olympic
16Committee, the International Paralympic Committee, the
17International Shooting Sport Federation, or USA Shooting in
18connection with such athlete's training for and participation
19in shooting competitions at the 2016 Olympic and Paralympic
20Games and sanctioned test events leading up to the 2016 Olympic
21and Paralympic Games.
22    (h) An information or indictment based upon a violation of
23any subsection of this Article need not negative any exemptions
24contained in this Article. The defendant shall have the burden
25of proving such an exemption.
26    (i) Nothing in this Article shall prohibit, apply to, or

 

 

HB4354- 154 -LRB100 16397 SLF 31525 b

1affect the transportation, carrying, or possession, of any
2pistol or revolver, stun gun, taser, or other firearm consigned
3to a common carrier operating under license of the State of
4Illinois or the federal government, where such transportation,
5carrying, or possession is incident to the lawful
6transportation in which such common carrier is engaged; and
7nothing in this Article shall prohibit, apply to, or affect the
8transportation, carrying, or possession of any pistol,
9revolver, stun gun, taser, or other firearm, not the subject of
10and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
11this Article, which is unloaded and enclosed in a case, firearm
12carrying box, shipping box, or other container, by a person
13eligible under State and federal law to possess a firearm the
14possessor of a valid Firearm Owners Identification Card.
15(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
 
16    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
17    Sec. 24-3. Unlawful sale or delivery of firearms.
18    (A) A person commits the offense of unlawful sale or
19delivery of firearms when he or she knowingly does any of the
20following:
21        (a) Sells or gives any firearm of a size which may be
22    concealed upon the person to any person under 18 years of
23    age.
24        (b) Sells or gives any firearm to a person under 21
25    years of age who has been convicted of a misdemeanor other

 

 

HB4354- 155 -LRB100 16397 SLF 31525 b

1    than a traffic offense or adjudged delinquent.
2        (c) Sells or gives any firearm to any narcotic addict.
3        (d) Sells or gives any firearm to any person who has
4    been convicted of a felony under the laws of this or any
5    other jurisdiction.
6        (e) Sells or gives any firearm to any person who has
7    been a patient in a mental institution within the past 5
8    years. In this subsection (e):
9            "Mental institution" means any hospital,
10        institution, clinic, evaluation facility, mental
11        health center, or part thereof, which is used primarily
12        for the care or treatment of persons with mental
13        illness.
14            "Patient in a mental institution" means the person
15        was admitted, either voluntarily or involuntarily, to
16        a mental institution for mental health treatment,
17        unless the treatment was voluntary and solely for an
18        alcohol abuse disorder and no other secondary
19        substance abuse disorder or mental illness.
20        (f) Sells or gives any firearms to any person who is a
21    person with an intellectual disability.
22        (g) Delivers any firearm of a size which may be
23    concealed upon the person, incidental to a sale, without
24    withholding delivery of such firearm for at least 72 hours
25    after application for its purchase has been made, or
26    delivers any rifle, shotgun or other long gun, or a stun

 

 

HB4354- 156 -LRB100 16397 SLF 31525 b

1    gun or taser, incidental to a sale, without withholding
2    delivery of such rifle, shotgun or other long gun, or a
3    stun gun or taser for at least 24 hours after application
4    for its purchase has been made. However, this paragraph (g)
5    does not apply to: (1) the sale of a firearm to a law
6    enforcement officer if the seller of the firearm knows that
7    the person to whom he or she is selling the firearm is a
8    law enforcement officer or the sale of a firearm to a
9    person who desires to purchase a firearm for use in
10    promoting the public interest incident to his or her
11    employment as a bank guard, armed truck guard, or other
12    similar employment; (2) a mail order sale of a firearm from
13    a federally licensed firearms dealer to a nonresident of
14    Illinois under which the firearm is mailed to a federally
15    licensed firearms dealer outside the boundaries of
16    Illinois; (3) the sale of a firearm to a nonresident of
17    Illinois while at a firearm showing or display recognized
18    by the Illinois Department of State Police; (4) the sale of
19    a firearm to a dealer licensed as a federal firearms dealer
20    under Section 923 of the federal Gun Control Act of 1968
21    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
22    shotgun, or other long gun to a resident registered
23    competitor or attendee or non-resident registered
24    competitor or attendee by any dealer licensed as a federal
25    firearms dealer under Section 923 of the federal Gun
26    Control Act of 1968 at competitive shooting events held at

 

 

HB4354- 157 -LRB100 16397 SLF 31525 b

1    the World Shooting Complex sanctioned by a national
2    governing body. For purposes of transfers or sales under
3    subparagraph (5) of this paragraph (g), the Department of
4    Natural Resources shall give notice to the Department of
5    State Police at least 30 calendar days prior to any
6    competitive shooting events at the World Shooting Complex
7    sanctioned by a national governing body. The notification
8    shall be made on a form prescribed by the Department of
9    State Police. The sanctioning body shall provide a list of
10    all registered competitors and attendees at least 24 hours
11    before the events to the Department of State Police. Any
12    changes to the list of registered competitors and attendees
13    shall be forwarded to the Department of State Police as
14    soon as practicable. The Department of State Police must
15    destroy the list of registered competitors and attendees no
16    later than 30 days after the date of the event. Nothing in
17    this paragraph (g) relieves a federally licensed firearm
18    dealer from the requirements of conducting a NICS
19    background check through the Illinois Point of Contact
20    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
21    "application" means when the buyer and seller reach an
22    agreement to purchase a firearm. For purposes of this
23    paragraph (g), "national governing body" means a group of
24    persons who adopt rules and formulate policy on behalf of a
25    national firearm sporting organization.
26        (h) While holding any license as a dealer, importer,

 

 

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1    manufacturer or pawnbroker under the federal Gun Control
2    Act of 1968, manufactures, sells or delivers to any
3    unlicensed person a handgun having a barrel, slide, frame
4    or receiver which is a die casting of zinc alloy or any
5    other nonhomogeneous metal which will melt or deform at a
6    temperature of less than 800 degrees Fahrenheit. For
7    purposes of this paragraph, (1) "firearm" is defined as in
8    the Firearm Owners Identification Card Act; and (2)
9    "handgun" is defined as a firearm designed to be held and
10    fired by the use of a single hand, and includes a
11    combination of parts from which such a firearm can be
12    assembled.
13        (i) Sells or gives a firearm of any size to any person
14    under 18 years of age who is not eligible under State or
15    federal law to possess a firearm does not possess a valid
16    Firearm Owner's Identification Card.
17        (j) Sells or gives a firearm while engaged in the
18    business of selling firearms at wholesale or retail without
19    being licensed as a federal firearms dealer under Section
20    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
21    In this paragraph (j):
22        A person "engaged in the business" means a person who
23    devotes time, attention, and labor to engaging in the
24    activity as a regular course of trade or business with the
25    principal objective of livelihood and profit, but does not
26    include a person who makes occasional repairs of firearms

 

 

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1    or who occasionally fits special barrels, stocks, or
2    trigger mechanisms to firearms.
3        "With the principal objective of livelihood and
4    profit" means that the intent underlying the sale or
5    disposition of firearms is predominantly one of obtaining
6    livelihood and pecuniary gain, as opposed to other intents,
7    such as improving or liquidating a personal firearms
8    collection; however, proof of profit shall not be required
9    as to a person who engages in the regular and repetitive
10    purchase and disposition of firearms for criminal purposes
11    or terrorism.
12        (k) (Blank). Sells or transfers ownership of a firearm
13    to a person who does not display to the seller or
14    transferor of the firearm either: (1) a currently valid
15    Firearm Owner's Identification Card that has previously
16    been issued in the transferee's name by the Department of
17    State Police under the provisions of the Firearm Owners
18    Identification Card Act; or (2) a currently valid license
19    to carry a concealed firearm that has previously been
20    issued in the transferee's name by the Department of State
21    Police under the Firearm Concealed Carry Act. This
22    paragraph (k) does not apply to the transfer of a firearm
23    to a person who is exempt from the requirement of
24    possessing a Firearm Owner's Identification Card under
25    Section 2 of the Firearm Owners Identification Card Act.
26    For the purposes of this Section, a currently valid Firearm

 

 

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1    Owner's Identification Card means (i) a Firearm Owner's
2    Identification Card that has not expired or (ii) an
3    approval number issued in accordance with subsection
4    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
5    Identification Card Act shall be proof that the Firearm
6    Owner's Identification Card was valid.
7            (1) (Blank). In addition to the other requirements
8        of this paragraph (k), all persons who are not
9        federally licensed firearms dealers must also have
10        complied with subsection (a-10) of Section 3 of the
11        Firearm Owners Identification Card Act by determining
12        the validity of a purchaser's Firearm Owner's
13        Identification Card.
14            (2) (Blank). All sellers or transferors who have
15        complied with the requirements of subparagraph (1) of
16        this paragraph (k) shall not be liable for damages in
17        any civil action arising from the use or misuse by the
18        transferee of the firearm transferred, except for
19        willful or wanton misconduct on the part of the seller
20        or transferor.
21        (l) Not being entitled to the possession of a firearm,
22    delivers the firearm, knowing it to have been stolen or
23    converted. It may be inferred that a person who possesses a
24    firearm with knowledge that its serial number has been
25    removed or altered has knowledge that the firearm is stolen
26    or converted.

 

 

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1    (B) Paragraph (h) of subsection (A) does not include
2firearms sold within 6 months after enactment of Public Act
378-355 (approved August 21, 1973, effective October 1, 1973),
4nor is any firearm legally owned or possessed by any citizen or
5purchased by any citizen within 6 months after the enactment of
6Public Act 78-355 subject to confiscation or seizure under the
7provisions of that Public Act. Nothing in Public Act 78-355
8shall be construed to prohibit the gift or trade of any firearm
9if that firearm was legally held or acquired within 6 months
10after the enactment of that Public Act.
11    (C) Sentence.
12        (1) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (c), (e), (f), (g),
14    or (h) of subsection (A) commits a Class 4 felony.
15        (2) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (b) or (i) of
17    subsection (A) commits a Class 3 felony.
18        (3) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a) of subsection (A)
20    commits a Class 2 felony.
21        (4) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a), (b), or (i) of
23    subsection (A) in any school, on the real property
24    comprising a school, within 1,000 feet of the real property
25    comprising a school, at a school related activity, or on or
26    within 1,000 feet of any conveyance owned, leased, or

 

 

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

 

 

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1    property comprising any courthouse, or on any public way
2    within 1,000 feet of the real property comprising any
3    public park, courthouse, or residential property owned,
4    operated, or managed by a public housing agency or leased
5    by a public housing agency as part of a scattered site or
6    mixed-income development commits a Class 2 felony.
7        (6) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (j) of subsection (A)
9    commits a Class A misdemeanor. A second or subsequent
10    violation is a Class 4 felony.
11        (7) (Blank). Any person convicted of unlawful sale or
12    delivery of firearms in violation of paragraph (k) of
13    subsection (A) commits a Class 4 felony, except that a
14    violation of subparagraph (1) of paragraph (k) of
15    subsection (A) shall not be punishable as a crime or petty
16    offense. A third or subsequent conviction for a violation
17    of paragraph (k) of subsection (A) is a Class 1 felony.
18        (8) A person 18 years of age or older convicted of
19    unlawful sale or delivery of firearms in violation of
20    paragraph (a) or (i) of subsection (A), when the firearm
21    that was sold or given to another person under 18 years of
22    age was used in the commission of or attempt to commit a
23    forcible felony, shall be fined or imprisoned, or both, not
24    to exceed the maximum provided for the most serious
25    forcible felony so committed or attempted by the person
26    under 18 years of age who was sold or given the firearm.

 

 

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

 

 

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1    shall be sentenced to a term of imprisonment of not less
2    than 6 years and not more than 50 years if the delivery is
3    of not less than 21 and not more than 30 firearms at the
4    same time or within a 4 year period. Any person convicted
5    of unlawful sale or delivery of firearms in violation of
6    paragraph (l) of subsection (A) commits a Class X felony
7    for which he or she shall be sentenced to a term of
8    imprisonment of not less than 6 years and not more than 60
9    years if the delivery is of 31 or more firearms at the same
10    time or within a 5 year period.
11    (D) For purposes of this Section:
12    "School" means a public or private elementary or secondary
13school, community college, college, or university.
14    "School related activity" means any sporting, social,
15academic, or other activity for which students' attendance or
16participation is sponsored, organized, or funded in whole or in
17part by a school or school district.
18    (E) A prosecution for a violation of paragraph (k) of
19subsection (A) of this Section may be commenced within 6 years
20after the commission of the offense. A prosecution for a
21violation of this Section other than paragraph (g) of
22subsection (A) of this Section may be commenced within 5 years
23after the commission of the offense defined in the particular
24paragraph.
25(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2699-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 

 

 

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1    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
2    Sec. 24-3.1. Unlawful possession of firearms and firearm
3ammunition.
4    (a) A person commits the offense of unlawful possession of
5firearms or firearm ammunition when:
6        (1) He is under 18 years of age and has in his
7    possession any firearm of a size which may be concealed
8    upon the person; or
9        (2) He is under 21 years of age, has been convicted of
10    a misdemeanor other than a traffic offense or adjudged
11    delinquent and has any firearms or firearm ammunition in
12    his possession; or
13        (3) He is a narcotic addict and has any firearms or
14    firearm ammunition in his possession; or
15        (4) He has been a patient in a mental institution
16    within the past 5 years and has any firearms or firearm
17    ammunition in his possession. For purposes of this
18    paragraph (4):
19            "Mental institution" means any hospital,
20        institution, clinic, evaluation facility, mental
21        health center, or part thereof, which is used primarily
22        for the care or treatment of persons with mental
23        illness.
24            "Patient in a mental institution" means the person
25        was admitted, either voluntarily or involuntarily, to

 

 

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1        a mental institution for mental health treatment,
2        unless the treatment was voluntary and solely for an
3        alcohol abuse disorder and no other secondary
4        substance abuse disorder or mental illness; or
5        (5) He is a person with an intellectual disability and
6    has any firearms or firearm ammunition in his possession;
7    or
8        (6) He has in his possession any explosive bullet.
9    For purposes of this paragraph "explosive bullet" means the
10projectile portion of an ammunition cartridge which contains or
11carries an explosive charge which will explode upon contact
12with the flesh of a human or an animal. "Cartridge" means a
13tubular metal case having a projectile affixed at the front
14thereof and a cap or primer at the rear end thereof, with the
15propellant contained in such tube between the projectile and
16the cap.
17    (a-5) A person prohibited from possessing a firearm under
18this Section may petition the Director of State Police for a
19hearing and relief from the prohibition, unless the prohibition
20was based upon a forcible felony, stalking, aggravated
21stalking, domestic battery, a violation of the Illinois
22Controlled Substances Act, the Methamphetamine Control and
23Community Protection Act, or the Cannabis Control Act that is
24classified as a Class 2 or greater felony, a felony violation
25of Article 24 of the Criminal Code of 1961 or the Criminal Code
26of 2012, or an adjudication as a delinquent minor for the

 

 

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

 

 

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1    Unlawful possession of firearms, other than handguns, and
2firearm ammunition is a Class A misdemeanor. Unlawful
3possession of handguns is a Class 4 felony. The possession of
4each firearm or firearm ammunition in violation of this Section
5constitutes a single and separate violation.
6    (c) Nothing in paragraph (1) of subsection (a) of this
7Section prohibits a person under 18 years of age from
8participating in any lawful recreational activity with a
9firearm such as, but not limited to, practice shooting at
10targets upon established public or private target ranges or
11hunting, trapping, or fishing in accordance with the Wildlife
12Code or the Fish and Aquatic Life Code.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
15    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
16    (a) A person commits the offense of unlawful discharge of
17firearm projectiles when he or she knowingly or recklessly uses
18an armor piercing bullet, dragon's breath shotgun shell, bolo
19shell, or flechette shell in violation of this Section.
20    For purposes of this Section:
21    "Armor piercing bullet" means any handgun bullet or handgun
22ammunition with projectiles or projectile cores constructed
23entirely (excluding the presence of traces of other substances)
24from tungsten alloys, steel, iron, brass, bronze, beryllium
25copper or depleted uranium, or fully jacketed bullets larger

 

 

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1than 22 caliber whose jacket has a weight of more than 25% of
2the total weight of the projectile, and excluding those handgun
3projectiles whose cores are composed of soft materials such as
4lead or lead alloys, zinc or zinc alloys, frangible projectiles
5designed primarily for sporting purposes, and any other
6projectiles or projectile cores that the U. S. Secretary of the
7Treasury finds to be primarily intended to be used for sporting
8purposes or industrial purposes or that otherwise does not
9constitute "armor piercing ammunition" as that term is defined
10by federal law.
11    "Dragon's breath shotgun shell" means any shotgun shell
12that contains exothermic pyrophoric mesh metal as the
13projectile and is designed for the purpose of throwing or
14spewing a flame or fireball to simulate a flame-thrower.
15    "Bolo shell" means any shell that can be fired in a firearm
16and expels as projectiles 2 or more metal balls connected by
17solid metal wire.
18    "Flechette shell" means any shell that can be fired in a
19firearm and expels 2 or more pieces of fin-stabilized solid
20metal wire or 2 or more solid dart-type projectiles.
21    (b) A person commits a Class X felony when he or she,
22knowing that a firearm, as defined in Section 1.1 of the
23Firearm Owners Identification Card Act, is loaded with an armor
24piercing bullet, dragon's breath shotgun shell, bolo shell, or
25flechette shell, intentionally or recklessly discharges such
26firearm and such bullet or shell strikes any other person.

 

 

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1    (c) Any person who possesses, concealed on or about his or
2her person, an armor piercing bullet, dragon's breath shotgun
3shell, bolo shell, or flechette shell and a firearm suitable
4for the discharge thereof is guilty of a Class 2 felony.
5    (d) This Section does not apply to or affect any of the
6following:
7        (1) Peace officers;
8        (2) Wardens, superintendents and keepers of prisons,
9    penitentiaries, jails and other institutions for the
10    detention of persons accused or convicted of an offense;
11        (3) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard while in
13    the performance of their official duties;
14        (4) Federal officials required to carry firearms,
15    while engaged in the performance of their official duties;
16        (5) United States Marshals, while engaged in the
17    performance of their official duties.
18(Source: P.A. 92-423, eff. 1-1-02.)
 
19    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
20    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
21    (a) It shall be unlawful for any person who holds a license
22to sell at retail any alcoholic liquor issued by the Illinois
23Liquor Control Commission or local liquor control commissioner
24under the Liquor Control Act of 1934 or an agent or employee of
25the licensee to sell or deliver to any other person a firearm

 

 

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1in or on the real property of the establishment where the
2licensee is licensed to sell alcoholic liquors unless the sale
3or delivery of the firearm is otherwise lawful under this
4Article and under the Firearm Owners Identification Card Act.
5    (b) Sentence. A violation of subsection (a) of this Section
6is a Class 4 felony.
7(Source: P.A. 87-591.)
 
8    (720 ILCS 5/24-3.5)
9    Sec. 24-3.5. Unlawful purchase of a firearm.
10    (a) For purposes of this Section, "firearms transaction
11record form" means a form:
12        (1) executed by a transferee of a firearm stating: (i)
13    the transferee's name and address (including county or
14    similar political subdivision); (ii) whether the
15    transferee is a citizen of the United States; (iii) the
16    transferee's State of residence; and (iv) the date and
17    place of birth, height, weight, and race of the transferee;
18    and
19        (2) on which the transferee certifies that he or she is
20    not prohibited by federal law from transporting or shipping
21    a firearm in interstate or foreign commerce or receiving a
22    firearm that has been shipped or transported in interstate
23    or foreign commerce or possessing a firearm in or affecting
24    commerce.
25    (b) A person commits the offense of unlawful purchase of a

 

 

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1firearm who knowingly purchases or attempts to purchase a
2firearm with the intent to deliver that firearm to another
3person who is prohibited by federal or State law from
4possessing a firearm.
5    (c) A person commits the offense of unlawful purchase of a
6firearm when he or she, in purchasing or attempting to purchase
7a firearm, intentionally provides false or misleading
8information on a United States Department of the Treasury,
9Bureau of Alcohol, Tobacco and Firearms firearms transaction
10record form.
11    (d) Exemption. It is not a violation of subsection (b) of
12this Section for a person to make a gift or loan of a firearm to
13a person who is not prohibited by federal or State law from
14possessing a firearm if the transfer of the firearm is made in
15accordance with Section 3 of the Firearm Owners Identification
16Card Act.
17    (e) Sentence.
18        (1) A person who commits the offense of unlawful
19    purchase of a firearm:
20            (A) is guilty of a Class 2 felony for purchasing or
21        attempting to purchase one firearm;
22            (B) is guilty of a Class 1 felony for purchasing or
23        attempting to purchase not less than 2 firearms and not
24        more than 5 firearms at the same time or within a one
25        year period;
26            (C) is guilty of a Class X felony for which the

 

 

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1        offender shall be sentenced to a term of imprisonment
2        of not less than 9 years and not more than 40 years for
3        purchasing or attempting to purchase not less than 6
4        firearms at the same time or within a 2 year period.
5        (2) In addition to any other penalty that may be
6    imposed for a violation of this Section, the court may
7    sentence a person convicted of a violation of subsection
8    (c) of this Section to a fine not to exceed $250,000 for
9    each violation.
10    (f) A prosecution for unlawful purchase of a firearm may be
11commenced within 6 years after the commission of the offense.
12(Source: P.A. 95-882, eff. 1-1-09.)
 
13    (720 ILCS 5/24-4.1)
14    Sec. 24-4.1. Report of lost or stolen firearms.
15    (a) If a person who possesses a valid Firearm Owner's
16Identification Card and who possesses or acquires a firearm
17thereafter loses the firearm, or if the firearm is stolen from
18the person, the person must report the loss or theft to the
19local law enforcement agency within 72 hours after obtaining
20knowledge of the loss or theft.
21    (b) A law enforcement agency having jurisdiction shall take
22a written report and shall, as soon as practical, enter the
23firearm's serial number as stolen into the Law Enforcement
24Agencies Data System (LEADS).
25    (c) A person shall not be in violation of this Section if:

 

 

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1        (1) the failure to report is due to an act of God, act
2    of war, or inability of a law enforcement agency to receive
3    the report;
4        (2) the person is hospitalized, in a coma, or is
5    otherwise seriously physically or mentally impaired as to
6    prevent the person from reporting; or
7        (3) the person's designee makes a report if the person
8    is unable to make the report.
9    (d) Sentence. A person who violates this Section is guilty
10of a petty offense for a first violation. A second or
11subsequent violation of this Section is a Class A misdemeanor.
12(Source: P.A. 98-508, eff. 8-19-13.)
 
13    (720 ILCS 5/24-4.5 new)
14    Sec. 24-4.5. Dial up system.
15    (a) The Department of State Police shall provide a dial up
16telephone system or utilize other existing technology which
17shall be used by any federally licensed firearm dealer, gun
18show promoter, or gun show vendor who is to transfer a firearm,
19stun gun, or taser under the provisions of this Code. The
20Department of State Police may utilize existing technology
21which allows the caller to be charged a fee not to exceed $2.
22Fees collected by the Department of State Police shall be
23deposited in the State Police Services Fund and used to provide
24the service.
25    (b) Upon receiving a request from a federally licensed

 

 

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1firearm dealer, gun show promoter, or gun show vendor, the
2Department of State Police shall immediately approve, or within
3the time period established by Section 24-3 of this Code
4regarding the delivery of firearms, stun guns, and tasers
5notify the inquiring dealer, gun show promoter, or gun show
6vendor of any objection that would disqualify the transferee
7from acquiring or possessing a firearm, stun gun, or taser. In
8conducting the inquiry, the Department of State Police shall
9initiate and complete an automated search of its criminal
10history record information files and those of the Federal
11Bureau of Investigation, including the National Instant
12Criminal Background Check System, and of the files of the
13Department of Human Services relating to mental health and
14developmental disabilities to obtain any felony conviction or
15patient hospitalization information which would disqualify a
16person from obtaining a firearm.
17    (c) If receipt of a firearm would not violate Section 24-3
18of this Code or federal law, the Department of State Police
19shall:
20        (1) assign a unique identification number to the
21    transfer; and
22        (2) provide the licensee, gun show promoter, or gun
23    show vendor with the number.
24    (d) Approvals issued by the Department of State Police for
25the purchase of a firearm are valid for 30 days from the date
26of issue.

 

 

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1    (e)(1) The Department of State Police shall act as the
2Illinois Point of Contact for the National Instant Criminal
3Background Check System.
4    (2) The Department of State Police and the Department of
5Human Services shall, in accordance with State and federal law
6regarding confidentiality, enter into a memorandum of
7understanding with the Federal Bureau of Investigation for the
8purpose of implementing the National Instant Criminal
9Background Check System in the State. The Department of State
10Police shall report the name, date of birth, and physical
11description of any person prohibited from possessing a firearm
12under this Code or 18 U.S.C. 922(g) and (n) to the National
13Instant Criminal Background Check System Index, Denied Persons
14Files.
15    (f) The Department of State Police shall adopt rules not
16inconsistent with this Section to implement this system.
 
17    (720 ILCS 5/24-9)
18    Sec. 24-9. Firearms; Child Protection.
19    (a) Except as provided in subsection (c), it is unlawful
20for any person to store or leave, within premises under his or
21her control, a firearm if the person knows or has reason to
22believe that a minor under the age of 14 years who does not
23have a Firearm Owners Identification Card is likely to gain
24access to the firearm without the lawful permission of the
25person possessing the firearm, minor's parent, guardian, or

 

 

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1person having charge of the minor, and the minor causes death
2or great bodily harm with the firearm, unless the firearm is:
3        (1) secured by a device or mechanism, other than the
4    firearm safety, designed to render a firearm temporarily
5    inoperable; or
6        (2) placed in a securely locked box or container; or
7        (3) placed in some other location that a reasonable
8    person would believe to be secure from a minor under the
9    age of 14 years.
10    (b) Sentence. A person who violates this Section is guilty
11of a Class C misdemeanor and shall be fined not less than
12$1,000. A second or subsequent violation of this Section is a
13Class A misdemeanor.
14    (c) Subsection (a) does not apply:
15        (1) if the minor under 14 years of age gains access to
16    a firearm and uses it in a lawful act of self-defense or
17    defense of another; or
18        (2) to any firearm obtained by a minor under the age of
19    14 because of an unlawful entry of the premises by the
20    minor or another person.
21    (d) (Blank). For the purposes of this Section, "firearm"
22has the meaning ascribed to it in Section 1.1 of the Firearm
23Owners Identification Card Act.
24(Source: P.A. 91-18, eff. 1-1-00.)
 
25    Section 85. The Methamphetamine Control and Community

 

 

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1Protection Act is amended by changing Section 10 as follows:
 
2    (720 ILCS 646/10)
3    Sec. 10. Definitions. As used in this Act:
4    "Anhydrous ammonia" has the meaning provided in subsection
5(d) of Section 3 of the Illinois Fertilizer Act of 1961.
6    "Anhydrous ammonia equipment" means all items used to
7store, hold, contain, handle, transfer, transport, or apply
8anhydrous ammonia for lawful purposes.
9    "Booby trap" means any device designed to cause physical
10injury when triggered by an act of a person approaching,
11entering, or moving through a structure, a vehicle, or any
12location where methamphetamine has been manufactured, is being
13manufactured, or is intended to be manufactured.
14    "Deliver" or "delivery" has the meaning provided in
15subsection (h) of Section 102 of the Illinois Controlled
16Substances Act.
17    "Director" means the Director of State Police or the
18Director's designated agents.
19    "Dispose" or "disposal" means to abandon, discharge,
20release, deposit, inject, dump, spill, leak, or place
21methamphetamine waste onto or into any land, water, or well of
22any type so that the waste has the potential to enter the
23environment, be emitted into the air, or be discharged into the
24soil or any waters, including groundwater.
25    "Emergency response" means the act of collecting evidence

 

 

HB4354- 180 -LRB100 16397 SLF 31525 b

1from or securing a methamphetamine laboratory site,
2methamphetamine waste site or other methamphetamine-related
3site and cleaning up the site, whether these actions are
4performed by public entities or private contractors paid by
5public entities.
6    "Emergency service provider" means a local, State, or
7federal peace officer, firefighter, emergency medical
8technician-ambulance, emergency medical
9technician-intermediate, emergency medical
10technician-paramedic, ambulance driver, or other medical or
11first aid personnel rendering aid, or any agent or designee of
12the foregoing.
13    "Finished methamphetamine" means methamphetamine in a form
14commonly used for personal consumption.
15    "Firearm" has the meaning provided in Section 2-7.5 of the
16Criminal Code of 2012 1.1 of the Firearm Owners Identification
17Card Act.
18    "Manufacture" means to produce, prepare, compound,
19convert, process, synthesize, concentrate, purify, separate,
20extract, or package any methamphetamine, methamphetamine
21precursor, methamphetamine manufacturing catalyst,
22methamphetamine manufacturing reagent, methamphetamine
23manufacturing solvent, or any substance containing any of the
24foregoing.
25    "Methamphetamine" means the chemical methamphetamine (a
26Schedule II controlled substance under the Illinois Controlled

 

 

HB4354- 181 -LRB100 16397 SLF 31525 b

1Substances Act) or any salt, optical isomer, salt of optical
2isomer, or analog thereof, with the exception of
33,4-Methylenedioxymethamphetamine (MDMA) or any other
4scheduled substance with a separate listing under the Illinois
5Controlled Substances Act.
6    "Methamphetamine manufacturing catalyst" means any
7substance that has been used, is being used, or is intended to
8be used to activate, accelerate, extend, or improve a chemical
9reaction involved in the manufacture of methamphetamine.
10    "Methamphetamine manufacturing environment" means a
11structure or vehicle in which:
12        (1) methamphetamine is being or has been manufactured;
13        (2) chemicals that are being used, have been used, or
14    are intended to be used to manufacture methamphetamine are
15    stored;
16        (3) methamphetamine manufacturing materials that have
17    been used to manufacture methamphetamine are stored; or
18        (4) methamphetamine manufacturing waste is stored.
19    "Methamphetamine manufacturing material" means any
20methamphetamine precursor, substance containing any
21methamphetamine precursor, methamphetamine manufacturing
22catalyst, substance containing any methamphetamine
23manufacturing catalyst, methamphetamine manufacturing reagent,
24substance containing any methamphetamine manufacturing
25reagent, methamphetamine manufacturing solvent, substance
26containing any methamphetamine manufacturing solvent, or any

 

 

HB4354- 182 -LRB100 16397 SLF 31525 b

1other chemical, substance, ingredient, equipment, apparatus,
2or item that is being used, has been used, or is intended to be
3used in the manufacture of methamphetamine.
4    "Methamphetamine manufacturing reagent" means any
5substance other than a methamphetamine manufacturing catalyst
6that has been used, is being used, or is intended to be used to
7react with and chemically alter any methamphetamine precursor.
8    "Methamphetamine manufacturing solvent" means any
9substance that has been used, is being used, or is intended to
10be used as a medium in which any methamphetamine precursor,
11methamphetamine manufacturing catalyst, methamphetamine
12manufacturing reagent, or any substance containing any of the
13foregoing is dissolved, diluted, or washed during any part of
14the methamphetamine manufacturing process.
15    "Methamphetamine manufacturing waste" means any chemical,
16substance, ingredient, equipment, apparatus, or item that is
17left over from, results from, or is produced by the process of
18manufacturing methamphetamine, other than finished
19methamphetamine.
20    "Methamphetamine precursor" means ephedrine,
21pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
22phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
23isomer, or salt of an optical isomer of any of these chemicals.
24    "Multi-unit dwelling" means a unified structure used or
25intended for use as a habitation, home, or residence that
26contains 2 or more condominiums, apartments, hotel rooms, motel

 

 

HB4354- 183 -LRB100 16397 SLF 31525 b

1rooms, or other living units.
2    "Package" means an item marked for retail sale that is not
3designed to be further broken down or subdivided for the
4purpose of retail sale.
5    "Participate" or "participation" in the manufacture of
6methamphetamine means to produce, prepare, compound, convert,
7process, synthesize, concentrate, purify, separate, extract,
8or package any methamphetamine, methamphetamine precursor,
9methamphetamine manufacturing catalyst, methamphetamine
10manufacturing reagent, methamphetamine manufacturing solvent,
11or any substance containing any of the foregoing, or to assist
12in any of these actions, or to attempt to take any of these
13actions, regardless of whether this action or these actions
14result in the production of finished methamphetamine.
15    "Person with a disability" means a person who suffers from
16a permanent physical or mental impairment resulting from
17disease, injury, functional disorder, or congenital condition
18which renders the person incapable of adequately providing for
19his or her own health and personal care.
20    "Procure" means to purchase, steal, gather, or otherwise
21obtain, by legal or illegal means, or to cause another to take
22such action.
23    "Second or subsequent offense" means an offense under this
24Act committed by an offender who previously committed an
25offense under this Act, the Illinois Controlled Substances Act,
26the Cannabis Control Act, or another Act of this State, another

 

 

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1state, or the United States relating to methamphetamine,
2cannabis, or any other controlled substance.
3    "Standard dosage form", as used in relation to any
4methamphetamine precursor, means that the methamphetamine
5precursor is contained in a pill, tablet, capsule, caplet, gel
6cap, or liquid cap that has been manufactured by a lawful
7entity and contains a standard quantity of methamphetamine
8precursor.
9    "Unauthorized container", as used in relation to anhydrous
10ammonia, means any container that is not designed for the
11specific and sole purpose of holding, storing, transporting, or
12applying anhydrous ammonia. "Unauthorized container" includes,
13but is not limited to, any propane tank, fire extinguisher,
14oxygen cylinder, gasoline can, food or beverage cooler, or
15compressed gas cylinder used in dispensing fountain drinks.
16"Unauthorized container" does not encompass anhydrous ammonia
17manufacturing plants, refrigeration systems where anhydrous
18ammonia is used solely as a refrigerant, anhydrous ammonia
19transportation pipelines, anhydrous ammonia tankers, or
20anhydrous ammonia barges.
21(Source: P.A. 97-434, eff. 1-1-12.)
 
22    Section 90. The Code of Criminal Procedure of 1963 is
23amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and
24112A-14 as follows:
 

 

 

HB4354- 185 -LRB100 16397 SLF 31525 b

1    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
2    Sec. 110-10. Conditions of bail bond.
3    (a) If a person is released prior to conviction, either
4upon payment of bail security or on his or her own
5recognizance, the conditions of the bail bond shall be that he
6or she will:
7        (1) Appear to answer the charge in the court having
8    jurisdiction on a day certain and thereafter as ordered by
9    the court until discharged or final order of the court;
10        (2) Submit himself or herself to the orders and process
11    of the court;
12        (3) Not depart this State without leave of the court;
13        (4) Not violate any criminal statute of any
14    jurisdiction;
15        (5) At a time and place designated by the court,
16    surrender all firearms in his or her possession to a law
17    enforcement officer designated by the court to take custody
18    of and impound the firearms and physically surrender his or
19    her Firearm Owner's Identification Card to the clerk of the
20    circuit court when the offense the person has been charged
21    with is a forcible felony, stalking, aggravated stalking,
22    domestic battery, any violation of the Illinois Controlled
23    Substances Act, the Methamphetamine Control and Community
24    Protection Act, or the Cannabis Control Act that is
25    classified as a Class 2 or greater felony, or any felony
26    violation of Article 24 of the Criminal Code of 1961 or the

 

 

HB4354- 186 -LRB100 16397 SLF 31525 b

1    Criminal Code of 2012; the court may, however, forgo the
2    imposition of this condition when the circumstances of the
3    case clearly do not warrant it or when its imposition would
4    be impractical; if the Firearm Owner's Identification Card
5    is confiscated, the clerk of the circuit court shall mail
6    the confiscated card to the Illinois State Police; all
7    legally possessed firearms shall be returned to the person
8    upon the charges being dismissed, or if the person is found
9    not guilty, unless the finding of not guilty is by reason
10    of insanity; and
11        (6) At a time and place designated by the court, submit
12    to a psychological evaluation when the person has been
13    charged with a violation of item (4) of subsection (a) of
14    Section 24-1 of the Criminal Code of 1961 or the Criminal
15    Code of 2012 and that violation occurred in a school or in
16    any conveyance owned, leased, or contracted by a school to
17    transport students to or from school or a school-related
18    activity, or on any public way within 1,000 feet of real
19    property comprising any school.
20    Psychological evaluations ordered pursuant to this Section
21shall be completed promptly and made available to the State,
22the defendant, and the court. As a further condition of bail
23under these circumstances, the court shall order the defendant
24to refrain from entering upon the property of the school,
25including any conveyance owned, leased, or contracted by a
26school to transport students to or from school or a

 

 

HB4354- 187 -LRB100 16397 SLF 31525 b

1school-related activity, or on any public way within 1,000 feet
2of real property comprising any school. Upon receipt of the
3psychological evaluation, either the State or the defendant may
4request a change in the conditions of bail, pursuant to Section
5110-6 of this Code. The court may change the conditions of bail
6to include a requirement that the defendant follow the
7recommendations of the psychological evaluation, including
8undergoing psychiatric treatment. The conclusions of the
9psychological evaluation and any statements elicited from the
10defendant during its administration are not admissible as
11evidence of guilt during the course of any trial on the charged
12offense, unless the defendant places his or her mental
13competency in issue.
14    (b) The court may impose other conditions, such as the
15following, if the court finds that such conditions are
16reasonably necessary to assure the defendant's appearance in
17court, protect the public from the defendant, or prevent the
18defendant's unlawful interference with the orderly
19administration of justice:
20        (1) Report to or appear in person before such person or
21    agency as the court may direct;
22        (2) Refrain from possessing a firearm or other
23    dangerous weapon;
24        (3) Refrain from approaching or communicating with
25    particular persons or classes of persons;
26        (4) Refrain from going to certain described

 

 

HB4354- 188 -LRB100 16397 SLF 31525 b

1    geographical areas or premises;
2        (5) Refrain from engaging in certain activities or
3    indulging in intoxicating liquors or in certain drugs;
4        (6) Undergo treatment for drug addiction or
5    alcoholism;
6        (7) Undergo medical or psychiatric treatment;
7        (8) Work or pursue a course of study or vocational
8    training;
9        (9) Attend or reside in a facility designated by the
10    court;
11        (10) Support his or her dependents;
12        (11) If a minor resides with his or her parents or in a
13    foster home, attend school, attend a non-residential
14    program for youths, and contribute to his or her own
15    support at home or in a foster home;
16        (12) Observe any curfew ordered by the court;
17        (13) Remain in the custody of such designated person or
18    organization agreeing to supervise his release. Such third
19    party custodian shall be responsible for notifying the
20    court if the defendant fails to observe the conditions of
21    release which the custodian has agreed to monitor, and
22    shall be subject to contempt of court for failure so to
23    notify the court;
24        (14) Be placed under direct supervision of the Pretrial
25    Services Agency, Probation Department or Court Services
26    Department in a pretrial bond home supervision capacity

 

 

HB4354- 189 -LRB100 16397 SLF 31525 b

1    with or without the use of an approved electronic
2    monitoring device subject to Article 8A of Chapter V of the
3    Unified Code of Corrections;
4        (14.1) The court shall impose upon a defendant who is
5    charged with any alcohol, cannabis, methamphetamine, or
6    controlled substance violation and is placed under direct
7    supervision of the Pretrial Services Agency, Probation
8    Department or Court Services Department in a pretrial bond
9    home supervision capacity with the use of an approved
10    monitoring device, as a condition of such bail bond, a fee
11    that represents costs incidental to the electronic
12    monitoring for each day of such bail supervision ordered by
13    the court, unless after determining the inability of the
14    defendant to pay the fee, the court assesses a lesser fee
15    or no fee as the case may be. The fee shall be collected by
16    the clerk of the circuit court, except as provided in an
17    administrative order of the Chief Judge of the circuit
18    court. The clerk of the circuit court shall pay all monies
19    collected from this fee to the county treasurer for deposit
20    in the substance abuse services fund under Section 5-1086.1
21    of the Counties Code, 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

 

 

HB4354- 190 -LRB100 16397 SLF 31525 b

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        (14.2) The court shall impose upon all defendants,
12    including those defendants subject to paragraph (14.1)
13    above, placed under direct supervision of the Pretrial
14    Services Agency, Probation Department or Court Services
15    Department in a pretrial bond home supervision capacity
16    with the use of an approved monitoring device, as a
17    condition of such bail bond, a fee which shall represent
18    costs incidental to such electronic monitoring for each day
19    of such bail supervision ordered by the court, unless after
20    determining the inability of the defendant to pay the fee,
21    the court assesses a lesser fee or no fee as the case may
22    be. The fee shall be collected by the clerk of the circuit
23    court, except as provided in an administrative order of the
24    Chief Judge of the circuit court. The clerk of the circuit
25    court shall pay all monies collected from this fee to the
26    county treasurer who shall use the monies collected to

 

 

HB4354- 191 -LRB100 16397 SLF 31525 b

1    defray the costs of corrections. The county treasurer shall
2    deposit the fee collected in the county working cash fund
3    under Section 6-27001 or Section 6-29002 of the Counties
4    Code, as the case may be, except as provided in an
5    administrative order of the Chief Judge of the circuit
6    court.
7        The Chief Judge of the circuit court of the county may
8    by administrative order establish a program for electronic
9    monitoring of offenders with regard to drug-related and
10    alcohol-related offenses, in which a vendor supplies and
11    monitors the operation of the electronic monitoring
12    device, and collects the fees on behalf of the county. The
13    program shall include provisions for indigent offenders
14    and the collection of unpaid fees. The program shall not
15    unduly burden the offender and shall be subject to review
16    by the Chief Judge.
17        The Chief Judge of the circuit court may suspend any
18    additional charges or fees for late payment, interest, or
19    damage to any device;
20        (14.3) The Chief Judge of the Judicial Circuit may
21    establish reasonable fees to be paid by a person receiving
22    pretrial services while under supervision of a pretrial
23    services agency, probation department, or court services
24    department. Reasonable fees may be charged for pretrial
25    services including, but not limited to, pretrial
26    supervision, diversion programs, electronic monitoring,

 

 

HB4354- 192 -LRB100 16397 SLF 31525 b

1    victim impact services, drug and alcohol testing, DNA
2    testing, GPS electronic monitoring, assessments and
3    evaluations related to domestic violence and other
4    victims, and victim mediation services. The person
5    receiving pretrial services may be ordered to pay all costs
6    incidental to pretrial services in accordance with his or
7    her ability to pay those costs;
8        (14.4) For persons charged with violating Section
9    11-501 of the Illinois Vehicle Code, refrain from operating
10    a motor vehicle not equipped with an ignition interlock
11    device, as defined in Section 1-129.1 of the Illinois
12    Vehicle Code, pursuant to the rules promulgated by the
13    Secretary of State for the installation of ignition
14    interlock devices. Under this condition the court may allow
15    a defendant who is not self-employed to operate a vehicle
16    owned by the defendant's employer that is not equipped with
17    an ignition interlock device in the course and scope of the
18    defendant's employment;
19        (15) Comply with the terms and conditions of an order
20    of protection issued by the court under the Illinois
21    Domestic Violence Act of 1986 or an order of protection
22    issued by the court of another state, tribe, or United
23    States territory;
24        (16) Under Section 110-6.5 comply with the conditions
25    of the drug testing program; and
26        (17) Such other reasonable conditions as the court may

 

 

HB4354- 193 -LRB100 16397 SLF 31525 b

1    impose.
2    (c) When a person is charged with an offense under Section
311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, involving a victim who is a minor under
618 years of age living in the same household with the defendant
7at the time of the offense, in granting bail or releasing the
8defendant on his own recognizance, the judge shall impose
9conditions to restrict the defendant's access to the victim
10which may include, but are not limited to conditions that he
11will:
12        1. Vacate the household.
13        2. Make payment of temporary support to his dependents.
14        3. Refrain from contact or communication with the child
15    victim, except as ordered by the court.
16    (d) When a person is charged with a criminal offense and
17the victim is a family or household member as defined in
18Article 112A, conditions shall be imposed at the time of the
19defendant's release on bond that restrict the defendant's
20access to the victim. Unless provided otherwise by the court,
21the restrictions shall include requirements that the defendant
22do the following:
23        (1) refrain from contact or communication with the
24    victim for a minimum period of 72 hours following the
25    defendant's release; and
26        (2) refrain from entering or remaining at the victim's

 

 

HB4354- 194 -LRB100 16397 SLF 31525 b

1    residence for a minimum period of 72 hours following the
2    defendant's release.
3    (e) Local law enforcement agencies shall develop
4standardized bond forms for use in cases involving family or
5household members as defined in Article 112A, including
6specific conditions of bond as provided in subsection (d).
7Failure of any law enforcement department to develop or use
8those forms shall in no way limit the applicability and
9enforcement of subsections (d) and (f).
10    (f) If the defendant is admitted to bail after conviction
11the conditions of the bail bond shall be that he will, in
12addition to the conditions set forth in subsections (a) and (b)
13hereof:
14        (1) Duly prosecute his appeal;
15        (2) Appear at such time and place as the court may
16    direct;
17        (3) Not depart this State without leave of the court;
18        (4) Comply with such other reasonable conditions as the
19    court may impose; and
20        (5) If the judgment is affirmed or the cause reversed
21    and remanded for a new trial, forthwith surrender to the
22    officer from whose custody he was bailed.
23    (g) Upon a finding of guilty for any felony offense, the
24defendant shall physically surrender, at a time and place
25designated by the court, any and all firearms in his or her
26possession and his or her Firearm Owner's Identification Card

 

 

HB4354- 195 -LRB100 16397 SLF 31525 b

1as a condition of remaining on bond pending sentencing.
2(Source: P.A. 99-797, eff. 8-12-16.)
 
3    (725 ILCS 5/112A-11.1)
4    Sec. 112A-11.1. Procedure for determining whether certain
5misdemeanor crimes are crimes of domestic violence for purposes
6of federal law.
7    (a) When a defendant has been charged with a violation of
8Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
9Criminal Code of 1961 or the Criminal Code of 2012, the State
10may, at arraignment or no later than 45 days after arraignment,
11for the purpose of notification to the Department of State
12Police Firearm Owner's Identification Card Office, serve on the
13defendant and file with the court a notice alleging that
14conviction of the offense would subject the defendant to the
15prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
16between the defendant and the alleged victim and the nature of
17the alleged offense.
18    (b) The notice shall include the name of the person alleged
19to be the victim of the crime and shall specify the nature of
20the alleged relationship as set forth in 18 U.S.C.
21921(a)(33)(A)(ii). It shall also specify the element of the
22charged offense which requires the use or attempted use of
23physical force, or the threatened use of a deadly weapon, as
24set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
25notice that the defendant is entitled to a hearing on the

 

 

HB4354- 196 -LRB100 16397 SLF 31525 b

1allegation contained in the notice and that if the allegation
2is sustained, that determination and conviction shall be
3reported to the Department of State Police Firearm Owner's
4Identification Card Office.
5    (c) After having been notified as provided in subsection
6(b) of this Section, the defendant may stipulate or admit,
7orally on the record or in writing, that conviction of the
8offense would subject the defendant to the prohibitions of 18
9U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
10922(g)(9) shall be deemed established for purposes of Section
11112A-11.2. If the defendant denies the applicability of 18
12U.S.C. 922(g)(9) as alleged in the notice served by the State,
13or stands mute with respect to that allegation, then the State
14shall bear the burden to prove beyond a reasonable doubt that
15the offense is one to which the prohibitions of 18 U.S.C.
16922(g)(9) apply. The court may consider reliable hearsay
17evidence submitted by either party provided that it is relevant
18to the determination of the allegation. Facts previously proven
19at trial or elicited at the time of entry of a plea of guilty
20shall be deemed established beyond a reasonable doubt and shall
21not be relitigated. At the conclusion of the hearing, or upon a
22stipulation or admission, as applicable, the court shall make a
23specific written determination with respect to the allegation.
24(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
25    (725 ILCS 5/112A-11.2)

 

 

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1    Sec. 112A-11.2. Notification to the Department of State
2Police Firearm Owner's Identification Card Office of
3determinations in certain misdemeanor cases. Upon judgment of
4conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
512-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
6Code of 2012 when the defendant has been determined, under
7Section 112A-11.1, to be subject to the prohibitions of 18
8U.S.C. 922(g)(9), the circuit court clerk shall include
9notification and a copy of the written determination in a
10report of the conviction to the Department of State Police
11Firearm Owner's Identification Card Office to enable the office
12to report that determination to the Federal Bureau of
13Investigation and assist the Bureau in identifying persons
14prohibited from purchasing and possessing a firearm pursuant to
15the provisions of 18 U.S.C. 922.
16(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
17    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
18    Sec. 112A-14. Order of protection; remedies.
19    (a) (Blank).
20    (b) The court may order any of the remedies listed in this
21subsection. The remedies listed in this subsection shall be in
22addition to other civil or criminal remedies available to
23petitioner.
24        (1) Prohibition of abuse. Prohibit respondent's
25    harassment, interference with personal liberty,

 

 

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1    intimidation of a dependent, physical abuse or willful
2    deprivation, as defined in this Article, if such abuse has
3    occurred or otherwise appears likely to occur if not
4    prohibited.
5        (2) Grant of exclusive possession of residence.
6    Prohibit respondent from entering or remaining in any
7    residence, household, or premises of the petitioner,
8    including one owned or leased by respondent, if petitioner
9    has a right to occupancy thereof. The grant of exclusive
10    possession of the residence, household, or premises shall
11    not affect title to real property, nor shall the court be
12    limited by the standard set forth in Section 701 of the
13    Illinois Marriage and Dissolution of Marriage Act.
14            (A) Right to occupancy. A party has a right to
15        occupancy of a residence or household if it is solely
16        or jointly owned or leased by that party, that party's
17        spouse, a person with a legal duty to support that
18        party or a minor child in that party's care, or by any
19        person or entity other than the opposing party that
20        authorizes that party's occupancy (e.g., a domestic
21        violence shelter). Standards set forth in subparagraph
22        (B) shall not preclude equitable relief.
23            (B) Presumption of hardships. If petitioner and
24        respondent each has the right to occupancy of a
25        residence or household, the court shall balance (i) the
26        hardships to respondent and any minor child or

 

 

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1        dependent adult in respondent's care resulting from
2        entry of this remedy with (ii) the hardships to
3        petitioner and any minor child or dependent adult in
4        petitioner's care resulting from continued exposure to
5        the risk of abuse (should petitioner remain at the
6        residence or household) or from loss of possession of
7        the residence or household (should petitioner leave to
8        avoid the risk of abuse). When determining the balance
9        of hardships, the court shall also take into account
10        the accessibility of the residence or household.
11        Hardships need not be balanced if respondent does not
12        have a right to occupancy.
13            The balance of hardships is presumed to favor
14        possession by petitioner unless the presumption is
15        rebutted by a preponderance of the evidence, showing
16        that the hardships to respondent substantially
17        outweigh the hardships to petitioner and any minor
18        child or dependent adult in petitioner's care. The
19        court, on the request of petitioner or on its own
20        motion, may order respondent to provide suitable,
21        accessible, alternate housing for petitioner instead
22        of excluding respondent from a mutual residence or
23        household.
24        (3) Stay away order and additional prohibitions. Order
25    respondent to stay away from petitioner or any other person
26    protected by the order of protection, or prohibit

 

 

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1    respondent from entering or remaining present at
2    petitioner's school, place of employment, or other
3    specified places at times when petitioner is present, or
4    both, if reasonable, given the balance of hardships.
5    Hardships need not be balanced for the court to enter a
6    stay away order or prohibit entry if respondent has no
7    right to enter the premises.
8            (A) If an order of protection grants petitioner
9        exclusive possession of the residence, or prohibits
10        respondent from entering the residence, or orders
11        respondent to stay away from petitioner or other
12        protected persons, then the court may allow respondent
13        access to the residence to remove items of clothing and
14        personal adornment used exclusively by respondent,
15        medications, and other items as the court directs. The
16        right to access shall be exercised on only one occasion
17        as the court directs and in the presence of an
18        agreed-upon adult third party or law enforcement
19        officer.
20            (B) When the petitioner and the respondent attend
21        the same public, private, or non-public elementary,
22        middle, or high school, the court when issuing an order
23        of protection and providing relief shall consider the
24        severity of the act, any continuing physical danger or
25        emotional distress to the petitioner, the educational
26        rights guaranteed to the petitioner and respondent

 

 

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1        under federal and State law, the availability of a
2        transfer of the respondent to another school, a change
3        of placement or a change of program of the respondent,
4        the expense, difficulty, and educational disruption
5        that would be caused by a transfer of the respondent to
6        another school, and any other relevant facts of the
7        case. The court may order that the respondent not
8        attend the public, private, or non-public elementary,
9        middle, or high school attended by the petitioner,
10        order that the respondent accept a change of placement
11        or change of program, as determined by the school
12        district or private or non-public school, or place
13        restrictions on the respondent's movements within the
14        school attended by the petitioner. The respondent
15        bears the burden of proving by a preponderance of the
16        evidence that a transfer, change of placement, or
17        change of program of the respondent is not available.
18        The respondent also bears the burden of production with
19        respect to the expense, difficulty, and educational
20        disruption that would be caused by a transfer of the
21        respondent to another school. A transfer, change of
22        placement, or change of program is not unavailable to
23        the respondent solely on the ground that the respondent
24        does not agree with the school district's or private or
25        non-public school's transfer, change of placement, or
26        change of program or solely on the ground that the

 

 

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1        respondent fails or refuses to consent or otherwise
2        does not take an action required to effectuate a
3        transfer, change of placement, or change of program.
4        When a court orders a respondent to stay away from the
5        public, private, or non-public school attended by the
6        petitioner and the respondent requests a transfer to
7        another attendance center within the respondent's
8        school district or private or non-public school, the
9        school district or private or non-public school shall
10        have sole discretion to determine the attendance
11        center to which the respondent is transferred. If the
12        court order results in a transfer of the minor
13        respondent to another attendance center, a change in
14        the respondent's placement, or a change of the
15        respondent's program, the parents, guardian, or legal
16        custodian of the respondent is responsible for
17        transportation and other costs associated with the
18        transfer or change.
19            (C) The court may order the parents, guardian, or
20        legal custodian of a minor respondent to take certain
21        actions or to refrain from taking certain actions to
22        ensure that the respondent complies with the order. If
23        the court orders a transfer of the respondent to
24        another school, the parents, guardian, or legal
25        custodian of the respondent is responsible for
26        transportation and other costs associated with the

 

 

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

 

 

HB4354- 204 -LRB100 16397 SLF 31525 b

1    respondent would not be in the minor child's best interest.
2        (6) Temporary legal custody. Award temporary legal
3    custody to petitioner in accordance with this Section, the
4    Illinois Marriage and Dissolution of Marriage Act, the
5    Illinois Parentage Act of 2015, and this State's Uniform
6    Child-Custody Jurisdiction and Enforcement Act.
7        If the respondent is charged with abuse (as defined in
8    Section 112A-3) of a minor child, there shall be a
9    rebuttable presumption that awarding temporary legal
10    custody to respondent would not be in the child's best
11    interest.
12        (7) Visitation. Determine the visitation rights, if
13    any, of respondent in any case in which the court awards
14    physical care or temporary legal custody of a minor child
15    to petitioner. The court shall restrict or deny
16    respondent's visitation with a minor child if the court
17    finds that respondent has done or is likely to do any of
18    the following: (i) abuse or endanger the minor child during
19    visitation; (ii) use the visitation as an opportunity to
20    abuse or harass petitioner or petitioner's family or
21    household members; (iii) improperly conceal or detain the
22    minor child; or (iv) otherwise act in a manner that is not
23    in the best interests of the minor child. The court shall
24    not be limited by the standards set forth in Section 607.1
25    of the Illinois Marriage and Dissolution of Marriage Act.
26    If the court grants visitation, the order shall specify

 

 

HB4354- 205 -LRB100 16397 SLF 31525 b

1    dates and times for the visitation to take place or other
2    specific parameters or conditions that are appropriate. No
3    order for visitation shall refer merely to the term
4    "reasonable visitation".
5        Petitioner may deny respondent access to the minor
6    child if, when respondent arrives for visitation,
7    respondent is under the influence of drugs or alcohol and
8    constitutes a threat to the safety and well-being of
9    petitioner or petitioner's minor children or is behaving in
10    a violent or abusive manner.
11        If necessary to protect any member of petitioner's
12    family or household from future abuse, respondent shall be
13    prohibited from coming to petitioner's residence to meet
14    the minor child for visitation, and the parties shall
15    submit to the court their recommendations for reasonable
16    alternative arrangements for visitation. A person may be
17    approved to supervise visitation only after filing an
18    affidavit accepting that responsibility and acknowledging
19    accountability to the court.
20        (8) Removal or concealment of minor child. Prohibit
21    respondent from removing a minor child from the State or
22    concealing the child within the State.
23        (9) Order to appear. Order the respondent to appear in
24    court, alone or with a minor child, to prevent abuse,
25    neglect, removal or concealment of the child, to return the
26    child to the custody or care of the petitioner or to permit

 

 

HB4354- 206 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 207 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 208 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 209 -LRB100 16397 SLF 31525 b

1        subsection (a)(3) of Section 501 of that Act.
2            (ii) Recovery of expenses. In the case of an
3        improper concealment or removal of a minor child, the
4        court may order respondent to pay the reasonable
5        expenses incurred or to be incurred in the search for
6        and recovery of the minor child, including, but not
7        limited to, legal fees, court costs, private
8        investigator fees, and travel costs.
9        (14) Prohibition of entry. Prohibit the respondent
10    from entering or remaining in the residence or household
11    while the respondent is under the influence of alcohol or
12    drugs and constitutes a threat to the safety and well-being
13    of the petitioner or the petitioner's children.
14        (14.5) Prohibition of firearm possession.
15            (A) A person who is subject to an existing order of
16        protection, issued under this Code may not lawfully
17        possess firearms, stun guns, or tasers weapons under
18        Section 8.2 of the Firearm Owners Identification Card
19        Act.
20            (B) Any firearms in the possession of the
21        respondent, except as provided in subparagraph (C) of
22        this paragraph (14.5), shall be ordered by the court to
23        be turned over to a person who is not prohibited under
24        State or federal law from possessing firearms with a
25        valid Firearm Owner's Identification Card for
26        safekeeping. The court shall issue an order that the

 

 

HB4354- 210 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 211 -LRB100 16397 SLF 31525 b

1        firearms for training purposes, or for any other
2        application as deemed appropriate by the local law
3        enforcement agency; or that the firearms be turned over
4        to a third party who is lawfully eligible to possess
5        firearms, and who does not reside with respondent.
6        (15) Prohibition of access to records. If an order of
7    protection prohibits respondent from having contact with
8    the minor child, or if petitioner's address is omitted
9    under subsection (b) of Section 112A-5, or if necessary to
10    prevent abuse or wrongful removal or concealment of a minor
11    child, the order shall deny respondent access to, and
12    prohibit respondent from inspecting, obtaining, or
13    attempting to inspect or obtain, school or any other
14    records of the minor child who is in the care of
15    petitioner.
16        (16) Order for payment of shelter services. Order
17    respondent to reimburse a shelter providing temporary
18    housing and counseling services to the petitioner for the
19    cost of the services, as certified by the shelter and
20    deemed reasonable by the court.
21        (17) Order for injunctive relief. Enter injunctive
22    relief necessary or appropriate to prevent further abuse of
23    a family or household member or to effectuate one of the
24    granted remedies, if supported by the balance of hardships.
25    If the harm to be prevented by the injunction is abuse or
26    any other harm that one of the remedies listed in

 

 

HB4354- 212 -LRB100 16397 SLF 31525 b

1    paragraphs (1) through (16) of this subsection is designed
2    to prevent, no further evidence is necessary to establish
3    that the harm is an irreparable injury.
4        (18) Telephone services.
5            (A) Unless a condition described in subparagraph
6        (B) of this paragraph exists, the court may, upon
7        request by the petitioner, order a wireless telephone
8        service provider to transfer to the petitioner the
9        right to continue to use a telephone number or numbers
10        indicated by the petitioner and the financial
11        responsibility associated with the number or numbers,
12        as set forth in subparagraph (C) of this paragraph. For
13        purposes of this paragraph (18), the term "wireless
14        telephone service provider" means a provider of
15        commercial mobile service as defined in 47 U.S.C. 332.
16        The petitioner may request the transfer of each
17        telephone number that the petitioner, or a minor child
18        in his or her custody, uses. The clerk of the court
19        shall serve the order on the wireless telephone service
20        provider's agent for service of process provided to the
21        Illinois Commerce Commission. The order shall contain
22        all of the following:
23                (i) The name and billing telephone number of
24            the account holder including the name of the
25            wireless telephone service provider that serves
26            the account.

 

 

HB4354- 213 -LRB100 16397 SLF 31525 b

1                (ii) Each telephone number that will be
2            transferred.
3                (iii) A statement that the provider transfers
4            to the petitioner all financial responsibility for
5            and right to the use of any telephone number
6            transferred under this paragraph.
7            (B) A wireless telephone service provider shall
8        terminate the respondent's use of, and shall transfer
9        to the petitioner use of, the telephone number or
10        numbers indicated in subparagraph (A) of this
11        paragraph unless it notifies the petitioner, within 72
12        hours after it receives the order, that one of the
13        following applies:
14                (i) The account holder named in the order has
15            terminated the account.
16                (ii) A difference in network technology would
17            prevent or impair the functionality of a device on
18            a network if the transfer occurs.
19                (iii) The transfer would cause a geographic or
20            other limitation on network or service provision
21            to the petitioner.
22                (iv) Another technological or operational
23            issue would prevent or impair the use of the
24            telephone number if the transfer occurs.
25            (C) The petitioner assumes all financial
26        responsibility for and right to the use of any

 

 

HB4354- 214 -LRB100 16397 SLF 31525 b

1        telephone number transferred under this paragraph. In
2        this paragraph, "financial responsibility" includes
3        monthly service costs and costs associated with any
4        mobile device associated with the number.
5            (D) A wireless telephone service provider may
6        apply to the petitioner its routine and customary
7        requirements for establishing an account or
8        transferring a number, including requiring the
9        petitioner to provide proof of identification,
10        financial information, and customer preferences.
11            (E) Except for willful or wanton misconduct, a
12        wireless telephone service provider is immune from
13        civil liability for its actions taken in compliance
14        with a court order issued under this paragraph.
15            (F) All wireless service providers that provide
16        services to residential customers shall provide to the
17        Illinois Commerce Commission the name and address of an
18        agent for service of orders entered under this
19        paragraph (18). Any change in status of the registered
20        agent must be reported to the Illinois Commerce
21        Commission within 30 days of such change.
22            (G) The Illinois Commerce Commission shall
23        maintain the list of registered agents for service for
24        each wireless telephone service provider on the
25        Commission's website. The Commission may consult with
26        wireless telephone service providers and the Circuit

 

 

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

 

 

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1        alternate housing for each party and any minor child or
2        dependent adult in the party's care;
3            (ii) the effect on the party's employment; and
4            (iii) the effect on the relationship of the party,
5        and any minor child or dependent adult in the party's
6        care, to family, school, church and community.
7        (3) Subject to the exceptions set forth in paragraph
8    (4) of this subsection, the court shall make its findings
9    in an official record or in writing, and shall at a minimum
10    set forth the following:
11            (i) That the court has considered the applicable
12        relevant factors described in paragraphs (1) and (2) of
13        this subsection.
14            (ii) Whether the conduct or actions of respondent,
15        unless prohibited, will likely cause irreparable harm
16        or continued abuse.
17            (iii) Whether it is necessary to grant the
18        requested relief in order to protect petitioner or
19        other alleged abused persons.
20        (4) (Blank).
21        (5) Never married parties. No rights or
22    responsibilities for a minor child born outside of marriage
23    attach to a putative father until a father and child
24    relationship has been established under the Illinois
25    Parentage Act of 1984 or under the Illinois Parentage Act
26    of 2015 on and after the effective date of that Act. Absent

 

 

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1    such an adjudication, no putative father shall be granted
2    temporary custody of the minor child, visitation with the
3    minor child, or physical care and possession of the minor
4    child, nor shall an order of payment for support of the
5    minor child be entered.
6    (d) Balance of hardships; findings. If the court finds that
7the balance of hardships does not support the granting of a
8remedy governed by paragraph (2), (3), (10), (11), or (16) of
9subsection (b) of this Section, which may require such
10balancing, the court's findings shall so indicate and shall
11include a finding as to whether granting the remedy will result
12in hardship to respondent that would substantially outweigh the
13hardship to petitioner from denial of the remedy. The findings
14shall be an official record or in writing.
15    (e) Denial of remedies. Denial of any remedy shall not be
16based, in whole or in part, on evidence that:
17        (1) Respondent has cause for any use of force, unless
18    that cause satisfies the standards for justifiable use of
19    force provided by Article 7 of the Criminal Code of 2012;
20        (2) Respondent was voluntarily intoxicated;
21        (3) Petitioner acted in self-defense or defense of
22    another, provided that, if petitioner utilized force, such
23    force was justifiable under Article 7 of the Criminal Code
24    of 2012;
25        (4) Petitioner did not act in self-defense or defense
26    of another;

 

 

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1        (5) Petitioner left the residence or household to avoid
2    further abuse by respondent;
3        (6) Petitioner did not leave the residence or household
4    to avoid further abuse by respondent;
5        (7) Conduct by any family or household member excused
6    the abuse by respondent, unless that same conduct would
7    have excused such abuse if the parties had not been family
8    or household members.
9(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
10100-388, eff. 1-1-18; revised 10-10-17.)
 
11    Section 95. The Unified Code of Corrections is amended by
12changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
 
13    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
14    Sec. 5-5-3. Disposition.
15    (a) (Blank).
16    (b) (Blank).
17    (c) (1) (Blank).
18    (2) A period of probation, a term of periodic imprisonment
19or conditional discharge shall not be imposed for the following
20offenses. The court shall sentence the offender to not less
21than the minimum term of imprisonment set forth in this Code
22for the following offenses, and may order a fine or restitution
23or both in conjunction with such term of imprisonment:
24        (A) First degree murder where the death penalty is not

 

 

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1    imposed.
2        (B) Attempted first degree murder.
3        (C) A Class X felony.
4        (D) A violation of Section 401.1 or 407 of the Illinois
5    Controlled Substances Act, or a violation of subdivision
6    (c)(1.5) of Section 401 of that Act which relates to more
7    than 5 grams of a substance containing fentanyl or an
8    analog thereof.
9        (D-5) A violation of subdivision (c)(1) of Section 401
10    of the Illinois Controlled Substances Act which relates to
11    3 or more grams of a substance containing heroin or an
12    analog thereof.
13        (E) (Blank).
14        (F) A Class 1 or greater felony if the offender had
15    been convicted of a Class 1 or greater felony, including
16    any state or federal conviction for an offense that
17    contained, at the time it was committed, the same elements
18    as an offense now (the date of the offense committed after
19    the prior Class 1 or greater felony) classified as a Class
20    1 or greater felony, within 10 years of the date on which
21    the offender committed the offense for which he or she is
22    being sentenced, except as otherwise provided in Section
23    40-10 of the Alcoholism and Other Drug Abuse and Dependency
24    Act.
25        (F-3) A Class 2 or greater felony sex offense or felony
26    firearm offense if the offender had been convicted of a

 

 

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

 

 

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

 

 

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1        (S) (Blank).
2        (T) (Blank).
3        (U) A second or subsequent violation of Section 6-303
4    of the Illinois Vehicle Code committed while his or her
5    driver's license, permit, or privilege was revoked because
6    of a violation of Section 9-3 of the Criminal Code of 1961
7    or the Criminal Code of 2012, relating to the offense of
8    reckless homicide, or a similar provision of a law of
9    another state.
10        (V) A violation of paragraph (4) of subsection (c) of
11    Section 11-20.1B or paragraph (4) of subsection (c) of
12    Section 11-20.3 of the Criminal Code of 1961, or paragraph
13    (6) of subsection (a) of Section 11-20.1 of the Criminal
14    Code of 2012 when the victim is under 13 years of age and
15    the defendant has previously been convicted under the laws
16    of this State or any other state of the offense of child
17    pornography, aggravated child pornography, aggravated
18    criminal sexual abuse, aggravated criminal sexual assault,
19    predatory criminal sexual assault of a child, or any of the
20    offenses formerly known as rape, deviate sexual assault,
21    indecent liberties with a child, or aggravated indecent
22    liberties with a child where the victim was under the age
23    of 18 years or an offense that is substantially equivalent
24    to those offenses.
25        (W) A violation of Section 24-3.5 of the Criminal Code
26    of 1961 or the Criminal Code of 2012.

 

 

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

 

 

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1consecutive days or 30 days of community service shall be
2imposed for a violation of paragraph (c) of Section 6-303 of
3the Illinois Vehicle Code.
4    (4.1) (Blank).
5    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
6this subsection (c), a minimum of 100 hours of community
7service shall be imposed for a second violation of Section
86-303 of the Illinois Vehicle Code.
9    (4.3) A minimum term of imprisonment of 30 days or 300
10hours of community service, as determined by the court, shall
11be imposed for a second violation of subsection (c) of Section
126-303 of the Illinois Vehicle Code.
13    (4.4) Except as provided in paragraphs (4.5), (4.6), and
14(4.9) of this subsection (c), a minimum term of imprisonment of
1530 days or 300 hours of community service, as determined by the
16court, shall be imposed for a third or subsequent violation of
17Section 6-303 of the Illinois Vehicle Code.
18    (4.5) A minimum term of imprisonment of 30 days shall be
19imposed for a third violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.6) Except as provided in paragraph (4.10) of this
22subsection (c), a minimum term of imprisonment of 180 days
23shall be imposed for a fourth or subsequent violation of
24subsection (c) of Section 6-303 of the Illinois Vehicle Code.
25    (4.7) A minimum term of imprisonment of not less than 30
26consecutive days, or 300 hours of community service, shall be

 

 

HB4354- 225 -LRB100 16397 SLF 31525 b

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

 

 

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1        (C) make restitution to the victim under Section 5-5-6
2    of this Code.
3    (5.1) In addition to any other penalties imposed, and
4except as provided in paragraph (5.2) or (5.3), a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for at least 90 days but not
8more than one year, if the violation resulted in damage to the
9property of another person.
10    (5.2) In addition to any other penalties imposed, and
11except as provided in paragraph (5.3), a person convicted of
12violating subsection (c) of Section 11-907 of the Illinois
13Vehicle Code shall have his or her driver's license, permit, or
14privileges suspended for at least 180 days but not more than 2
15years, if the violation resulted in injury to another person.
16    (5.3) In addition to any other penalties imposed, a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for 2 years, if the violation
20resulted in the death of another person.
21    (5.4) In addition to any other penalties imposed, a person
22convicted of violating Section 3-707 of the Illinois Vehicle
23Code shall have his or her driver's license, permit, or
24privileges suspended for 3 months and until he or she has paid
25a reinstatement fee of $100.
26    (5.5) In addition to any other penalties imposed, a person

 

 

HB4354- 227 -LRB100 16397 SLF 31525 b

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

 

 

HB4354- 228 -LRB100 16397 SLF 31525 b

1means an indoor or outdoor playing field or recreational area
2where sports activities are conducted; and "coach" means a
3person recognized as a coach by the sanctioning authority that
4conducted the sporting event.
5    (12) A person may not receive a disposition of court
6supervision for a violation of Section 5-16 of the Boat
7Registration and Safety Act if that person has previously
8received a disposition of court supervision for a violation of
9that Section.
10    (13) A person convicted of or placed on court supervision
11for an assault or aggravated assault when the victim and the
12offender are family or household members as defined in Section
13103 of the Illinois Domestic Violence Act of 1986 or convicted
14of domestic battery or aggravated domestic battery may be
15required to attend a Partner Abuse Intervention Program under
16protocols set forth by the Illinois Department of Human
17Services under such terms and conditions imposed by the court.
18The costs of such classes shall be paid by the offender.
19    (d) In any case in which a sentence originally imposed is
20vacated, the case shall be remanded to the trial court. The
21trial court shall hold a hearing under Section 5-4-1 of the
22Unified Code of Corrections which may include evidence of the
23defendant's life, moral character and occupation during the
24time since the original sentence was passed. The trial court
25shall then impose sentence upon the defendant. The trial court
26may impose any sentence which could have been imposed at the

 

 

HB4354- 229 -LRB100 16397 SLF 31525 b

1original trial subject to Section 5-5-4 of the Unified Code of
2Corrections. If a sentence is vacated on appeal or on
3collateral attack due to the failure of the trier of fact at
4trial to determine beyond a reasonable doubt the existence of a
5fact (other than a prior conviction) necessary to increase the
6punishment for the offense beyond the statutory maximum
7otherwise applicable, either the defendant may be re-sentenced
8to a term within the range otherwise provided or, if the State
9files notice of its intention to again seek the extended
10sentence, the defendant shall be afforded a new trial.
11    (e) In cases where prosecution for aggravated criminal
12sexual abuse under Section 11-1.60 or 12-16 of the Criminal
13Code of 1961 or the Criminal Code of 2012 results in conviction
14of a defendant who was a family member of the victim at the
15time of the commission of the offense, the court shall consider
16the safety and welfare of the victim and may impose a sentence
17of probation only where:
18        (1) the court finds (A) or (B) or both are appropriate:
19            (A) the defendant is willing to undergo a court
20        approved counseling program for a minimum duration of 2
21        years; or
22            (B) the defendant is willing to participate in a
23        court approved plan including but not limited to the
24        defendant's:
25                (i) removal from the household;
26                (ii) restricted contact with the victim;

 

 

HB4354- 230 -LRB100 16397 SLF 31525 b

1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of paying
11    for such services, if the victim was under 18 years of age
12    at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

 

 

HB4354- 231 -LRB100 16397 SLF 31525 b

111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested by
23the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the test
26results. The court shall provide information on the

 

 

HB4354- 232 -LRB100 16397 SLF 31525 b

1availability of HIV testing and counseling at Department of
2Public Health facilities to all parties to whom the results of
3the testing are revealed and shall direct the State's Attorney
4to provide the information to the victim when possible. A
5State's Attorney may petition the court to obtain the results
6of any HIV test administered under this Section, and the court
7shall grant the disclosure if the State's Attorney shows it is
8relevant in order to prosecute a charge of criminal
9transmission of HIV under Section 12-5.01 or 12-16.2 of the
10Criminal Code of 1961 or the Criminal Code of 2012 against the
11defendant. The court shall order that the cost of any such test
12shall be paid by the county and may be taxed as costs against
13the convicted defendant.
14    (g-5) When an inmate is tested for an airborne communicable
15disease, as determined by the Illinois Department of Public
16Health including but not limited to tuberculosis, the results
17of the test shall be personally delivered by the warden or his
18or her designee in a sealed envelope to the judge of the court
19in which the inmate must appear for the judge's inspection in
20camera if requested by the judge. Acting in accordance with the
21best interests of those in the courtroom, the judge shall have
22the discretion to determine what if any precautions need to be
23taken to prevent transmission of the disease in the courtroom.
24    (h) Whenever a defendant is convicted of an offense under
25Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26defendant shall undergo medical testing to determine whether

 

 

HB4354- 233 -LRB100 16397 SLF 31525 b

1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. A State's Attorney may petition the court to
19obtain the results of any HIV test administered under this
20Section, and the court shall grant the disclosure if the
21State's Attorney shows it is relevant in order to prosecute a
22charge of criminal transmission of HIV under Section 12-5.01 or
2312-16.2 of the Criminal Code of 1961 or the Criminal Code of
242012 against the defendant. The court shall order that the cost
25of any such test shall be paid by the county and may be taxed as
26costs against the convicted defendant.

 

 

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1    (i) All fines and penalties imposed under this Section for
2any violation of Chapters 3, 4, 6, and 11 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, and
4any violation of the Child Passenger Protection Act, or a
5similar provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under Section 27.5
7of the Clerks of Courts Act.
8    (j) In cases when prosecution for any violation of Section
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
14Code of 2012, any violation of the Illinois Controlled
15Substances Act, any violation of the Cannabis Control Act, or
16any violation of the Methamphetamine Control and Community
17Protection Act results in conviction, a disposition of court
18supervision, or an order of probation granted under Section 10
19of the Cannabis Control Act, Section 410 of the Illinois
20Controlled Substances Act, or Section 70 of the Methamphetamine
21Control and Community Protection Act of a defendant, the court
22shall determine whether the defendant is employed by a facility
23or center as defined under the Child Care Act of 1969, a public
24or private elementary or secondary school, or otherwise works
25with children under 18 years of age on a daily basis. When a
26defendant is so employed, the court shall order the Clerk of

 

 

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1the Court to send a copy of the judgment of conviction or order
2of supervision or probation to the defendant's employer by
3certified mail. If the employer of the defendant is a school,
4the Clerk of the Court shall direct the mailing of a copy of
5the judgment of conviction or order of supervision or probation
6to the appropriate regional superintendent of schools. The
7regional superintendent of schools shall notify the State Board
8of Education of any notification under this subsection.
9    (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall as
13a condition of his or her sentence be required by the court to
14attend educational courses designed to prepare the defendant
15for a high school diploma and to work toward a high school
16diploma or to work toward passing high school equivalency
17testing or to work toward completing a vocational training
18program offered by the Department of Corrections. If a
19defendant fails to complete the educational training required
20by his or her sentence during the term of incarceration, the
21Prisoner Review Board shall, as a condition of mandatory
22supervised release, require the defendant, at his or her own
23expense, to pursue a course of study toward a high school
24diploma or passage of high school equivalency testing. The
25Prisoner Review Board shall revoke the mandatory supervised
26release of a defendant who wilfully fails to comply with this

 

 

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1subsection (j-5) upon his or her release from confinement in a
2penal institution while serving a mandatory supervised release
3term; however, the inability of the defendant after making a
4good faith effort to obtain financial aid or pay for the
5educational training shall not be deemed a wilful failure to
6comply. The Prisoner Review Board shall recommit the defendant
7whose mandatory supervised release term has been revoked under
8this subsection (j-5) as provided in Section 3-3-9. This
9subsection (j-5) does not apply to a defendant who has a high
10school diploma or has successfully passed high school
11equivalency testing. This subsection (j-5) does not apply to a
12defendant who is determined by the court to be a person with a
13developmental disability or otherwise mentally incapable of
14completing the educational or vocational program.
15    (k) (Blank).
16    (l) (A) Except as provided in paragraph (C) of subsection
17(l), whenever a defendant, who is an alien as defined by the
18Immigration and Nationality Act, is convicted of any felony or
19misdemeanor offense, the court after sentencing the defendant
20may, upon motion of the State's Attorney, hold sentence in
21abeyance and remand the defendant to the custody of the
22Attorney General of the United States or his or her designated
23agent to be deported when:
24        (1) a final order of deportation has been issued
25    against the defendant pursuant to proceedings under the
26    Immigration and Nationality Act, and

 

 

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1        (2) the deportation of the defendant would not
2    deprecate the seriousness of the defendant's conduct and
3    would not be inconsistent with the ends of justice.
4    Otherwise, the defendant shall be sentenced as provided in
5this Chapter V.
6    (B) If the defendant has already been sentenced for a
7felony or misdemeanor offense, or has been placed on probation
8under Section 10 of the Cannabis Control Act, Section 410 of
9the Illinois Controlled Substances Act, or Section 70 of the
10Methamphetamine Control and Community Protection Act, the
11court may, upon motion of the State's Attorney to suspend the
12sentence imposed, commit the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    (C) This subsection (l) does not apply to offenders who are
22subject to the provisions of paragraph (2) of subsection (a) of
23Section 3-6-3.
24    (D) Upon motion of the State's Attorney, if a defendant
25sentenced under this Section returns to the jurisdiction of the
26United States, the defendant shall be recommitted to the

 

 

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1custody of the county from which he or she was sentenced.
2Thereafter, the defendant shall be brought before the
3sentencing court, which may impose any sentence that was
4available under Section 5-5-3 at the time of initial
5sentencing. In addition, the defendant shall not be eligible
6for additional earned sentence credit as provided under Section
73-6-3.
8    (m) A person convicted of criminal defacement of property
9under Section 21-1.3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, in which the property damage exceeds
11$300 and the property damaged is a school building, shall be
12ordered to perform community service that may include cleanup,
13removal, or painting over the defacement.
14    (n) The court may sentence a person convicted of a
15violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012 (i) to an impact
18incarceration program if the person is otherwise eligible for
19that program under Section 5-8-1.1, (ii) to community service,
20or (iii) if the person is an addict or alcoholic, as defined in
21the Alcoholism and Other Drug Abuse and Dependency Act, to a
22substance or alcohol abuse program licensed under that Act.
23    (o) Whenever a person is convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act, the
25defendant's driver's license or permit shall be subject to
26renewal on an annual basis in accordance with the provisions of

 

 

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1license renewal established by the Secretary of State.
2(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
399-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
41-1-18.)
 
5    (730 ILCS 5/5-5-3.2)
6    Sec. 5-5-3.2. Factors in aggravation and extended-term
7sentencing.
8    (a) The following factors shall be accorded weight in favor
9of imposing a term of imprisonment or may be considered by the
10court as reasons to impose a more severe sentence under Section
115-8-1 or Article 4.5 of Chapter V:
12        (1) the defendant's conduct caused or threatened
13    serious harm;
14        (2) the defendant received compensation for committing
15    the offense;
16        (3) the defendant has a history of prior delinquency or
17    criminal activity;
18        (4) the defendant, by the duties of his office or by
19    his position, was obliged to prevent the particular offense
20    committed or to bring the offenders committing it to
21    justice;
22        (5) the defendant held public office at the time of the
23    offense, and the offense related to the conduct of that
24    office;
25        (6) the defendant utilized his professional reputation

 

 

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1    or position in the community to commit the offense, or to
2    afford him an easier means of committing it;
3        (7) the sentence is necessary to deter others from
4    committing the same crime;
5        (8) the defendant committed the offense against a
6    person 60 years of age or older or such person's property;
7        (9) the defendant committed the offense against a
8    person who has a physical disability or such person's
9    property;
10        (10) by reason of another individual's actual or
11    perceived race, color, creed, religion, ancestry, gender,
12    sexual orientation, physical or mental disability, or
13    national origin, the defendant committed the offense
14    against (i) the person or property of that individual; (ii)
15    the person or property of a person who has an association
16    with, is married to, or has a friendship with the other
17    individual; or (iii) the person or property of a relative
18    (by blood or marriage) of a person described in clause (i)
19    or (ii). For the purposes of this Section, "sexual
20    orientation" has the meaning ascribed to it in paragraph
21    (O-1) of Section 1-103 of the Illinois Human Rights Act;
22        (11) the offense took place in a place of worship or on
23    the grounds of a place of worship, immediately prior to,
24    during or immediately following worship services. For
25    purposes of this subparagraph, "place of worship" shall
26    mean any church, synagogue or other building, structure or

 

 

HB4354- 241 -LRB100 16397 SLF 31525 b

1    place used primarily for religious worship;
2        (12) the defendant was convicted of a felony committed
3    while he was released on bail or his own recognizance
4    pending trial for a prior felony and was convicted of such
5    prior felony, or the defendant was convicted of a felony
6    committed while he was serving a period of probation,
7    conditional discharge, or mandatory supervised release
8    under subsection (d) of Section 5-8-1 for a prior felony;
9        (13) the defendant committed or attempted to commit a
10    felony while he was wearing a bulletproof vest. For the
11    purposes of this paragraph (13), a bulletproof vest is any
12    device which is designed for the purpose of protecting the
13    wearer from bullets, shot or other lethal projectiles;
14        (14) the defendant held a position of trust or
15    supervision such as, but not limited to, family member as
16    defined in Section 11-0.1 of the Criminal Code of 2012,
17    teacher, scout leader, baby sitter, or day care worker, in
18    relation to a victim under 18 years of age, and the
19    defendant committed an offense in violation of Section
20    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
21    11-14.4 except for an offense that involves keeping a place
22    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
23    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
24    or 12-16 of the Criminal Code of 1961 or the Criminal Code
25    of 2012 against that victim;
26        (15) the defendant committed an offense related to the

 

 

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1    activities of an organized gang. For the purposes of this
2    factor, "organized gang" has the meaning ascribed to it in
3    Section 10 of the Streetgang Terrorism Omnibus Prevention
4    Act;
5        (16) the defendant committed an offense in violation of
6    one of the following Sections while in a school, regardless
7    of the time of day or time of year; on any conveyance
8    owned, leased, or contracted by a school to transport
9    students to or from school or a school related activity; on
10    the real property of a school; or on a public way within
11    1,000 feet of the real property comprising any school:
12    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
13    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
14    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
15    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
16    18-2, or 33A-2, or Section 12-3.05 except for subdivision
17    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
18    Criminal Code of 2012;
19        (16.5) the defendant committed an offense in violation
20    of one of the following Sections while in a day care
21    center, regardless of the time of day or time of year; on
22    the real property of a day care center, regardless of the
23    time of day or time of year; or on a public way within
24    1,000 feet of the real property comprising any day care
25    center, regardless of the time of day or time of year:
26    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

 

 

HB4354- 243 -LRB100 16397 SLF 31525 b

1    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
2    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
3    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
4    18-2, or 33A-2, or Section 12-3.05 except for subdivision
5    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
6    Criminal Code of 2012;
7        (17) the defendant committed the offense by reason of
8    any person's activity as a community policing volunteer or
9    to prevent any person from engaging in activity as a
10    community policing volunteer. For the purpose of this
11    Section, "community policing volunteer" has the meaning
12    ascribed to it in Section 2-3.5 of the Criminal Code of
13    2012;
14        (18) the defendant committed the offense in a nursing
15    home or on the real property comprising a nursing home. For
16    the purposes of this paragraph (18), "nursing home" means a
17    skilled nursing or intermediate long term care facility
18    that is subject to license by the Illinois Department of
19    Public Health under the Nursing Home Care Act, the
20    Specialized Mental Health Rehabilitation Act of 2013, the
21    ID/DD Community Care Act, or the MC/DD Act;
22        (19) the defendant was a federally licensed firearm
23    dealer and was previously convicted of a violation of
24    subsection (a) of Section 3 of the Firearm Owners
25    Identification Card Act before its repeal by this
26    amendatory Act of the 100th General Assembly and has now

 

 

HB4354- 244 -LRB100 16397 SLF 31525 b

1    committed either a felony violation of the Firearm Owners
2    Identification Card Act or an act of armed violence while
3    armed with a firearm;
4        (20) the defendant (i) committed the offense of
5    reckless homicide under Section 9-3 of the Criminal Code of
6    1961 or the Criminal Code of 2012 or the offense of driving
7    under the influence of alcohol, other drug or drugs,
8    intoxicating compound or compounds or any combination
9    thereof under Section 11-501 of the Illinois Vehicle Code
10    or a similar provision of a local ordinance and (ii) was
11    operating a motor vehicle in excess of 20 miles per hour
12    over the posted speed limit as provided in Article VI of
13    Chapter 11 of the Illinois Vehicle Code;
14        (21) the defendant (i) committed the offense of
15    reckless driving or aggravated reckless driving under
16    Section 11-503 of the Illinois Vehicle Code and (ii) was
17    operating a motor vehicle in excess of 20 miles per hour
18    over the posted speed limit as provided in Article VI of
19    Chapter 11 of the Illinois Vehicle Code;
20        (22) the defendant committed the offense against a
21    person that the defendant knew, or reasonably should have
22    known, was a member of the Armed Forces of the United
23    States serving on active duty. For purposes of this clause
24    (22), the term "Armed Forces" means any of the Armed Forces
25    of the United States, including a member of any reserve
26    component thereof or National Guard unit called to active

 

 

HB4354- 245 -LRB100 16397 SLF 31525 b

1    duty;
2        (23) the defendant committed the offense against a
3    person who was elderly or infirm or who was a person with a
4    disability by taking advantage of a family or fiduciary
5    relationship with the elderly or infirm person or person
6    with a disability;
7        (24) the defendant committed any offense under Section
8    11-20.1 of the Criminal Code of 1961 or the Criminal Code
9    of 2012 and possessed 100 or more images;
10        (25) the defendant committed the offense while the
11    defendant or the victim was in a train, bus, or other
12    vehicle used for public transportation;
13        (26) the defendant committed the offense of child
14    pornography or aggravated child pornography, specifically
15    including paragraph (1), (2), (3), (4), (5), or (7) of
16    subsection (a) of Section 11-20.1 of the Criminal Code of
17    1961 or the Criminal Code of 2012 where a child engaged in,
18    solicited for, depicted in, or posed in any act of sexual
19    penetration or bound, fettered, or subject to sadistic,
20    masochistic, or sadomasochistic abuse in a sexual context
21    and specifically including paragraph (1), (2), (3), (4),
22    (5), or (7) of subsection (a) of Section 11-20.1B or
23    Section 11-20.3 of the Criminal Code of 1961 where a child
24    engaged in, solicited for, depicted in, or posed in any act
25    of sexual penetration or bound, fettered, or subject to
26    sadistic, masochistic, or sadomasochistic abuse in a

 

 

HB4354- 246 -LRB100 16397 SLF 31525 b

1    sexual context;
2        (27) the defendant committed the offense of first
3    degree murder, assault, aggravated assault, battery,
4    aggravated battery, robbery, armed robbery, or aggravated
5    robbery against a person who was a veteran and the
6    defendant knew, or reasonably should have known, that the
7    person was a veteran performing duties as a representative
8    of a veterans' organization. For the purposes of this
9    paragraph (27), "veteran" means an Illinois resident who
10    has served as a member of the United States Armed Forces, a
11    member of the Illinois National Guard, or a member of the
12    United States Reserve Forces; and "veterans' organization"
13    means an organization comprised of members of which
14    substantially all are individuals who are veterans or
15    spouses, widows, or widowers of veterans, the primary
16    purpose of which is to promote the welfare of its members
17    and to provide assistance to the general public in such a
18    way as to confer a public benefit;
19        (28) the defendant committed the offense of assault,
20    aggravated assault, battery, aggravated battery, robbery,
21    armed robbery, or aggravated robbery against a person that
22    the defendant knew or reasonably should have known was a
23    letter carrier or postal worker while that person was
24    performing his or her duties delivering mail for the United
25    States Postal Service;
26        (29) the defendant committed the offense of criminal

 

 

HB4354- 247 -LRB100 16397 SLF 31525 b

1    sexual assault, aggravated criminal sexual assault,
2    criminal sexual abuse, or aggravated criminal sexual abuse
3    against a victim with an intellectual disability, and the
4    defendant holds a position of trust, authority, or
5    supervision in relation to the victim; or
6        (30) the defendant committed the offense of promoting
7    juvenile prostitution, patronizing a prostitute, or
8    patronizing a minor engaged in prostitution and at the time
9    of the commission of the offense knew that the prostitute
10    or minor engaged in prostitution was in the custody or
11    guardianship of the Department of Children and Family
12    Services.
13    For the purposes of this Section:
14    "School" is defined as a public or private elementary or
15secondary school, community college, college, or university.
16    "Day care center" means a public or private State certified
17and licensed day care center as defined in Section 2.09 of the
18Child Care Act of 1969 that displays a sign in plain view
19stating that the property is a day care center.
20    "Intellectual disability" means significantly subaverage
21intellectual functioning which exists concurrently with
22impairment in adaptive behavior.
23    "Public transportation" means the transportation or
24conveyance of persons by means available to the general public,
25and includes paratransit services.
26    (b) The following factors, related to all felonies, may be

 

 

HB4354- 248 -LRB100 16397 SLF 31525 b

1considered by the court as reasons to impose an extended term
2sentence under Section 5-8-2 upon any offender:
3        (1) When a defendant is convicted of any felony, after
4    having been previously convicted in Illinois or any other
5    jurisdiction of the same or similar class felony or greater
6    class felony, when such conviction has occurred within 10
7    years after the previous conviction, excluding time spent
8    in custody, and such charges are separately brought and
9    tried and arise out of different series of acts; or
10        (2) When a defendant is convicted of any felony and the
11    court finds that the offense was accompanied by
12    exceptionally brutal or heinous behavior indicative of
13    wanton cruelty; or
14        (3) When a defendant is convicted of any felony
15    committed against:
16            (i) a person under 12 years of age at the time of
17        the offense or such person's property;
18            (ii) a person 60 years of age or older at the time
19        of the offense or such person's property; or
20            (iii) a person who had a physical disability at the
21        time of the offense or such person's property; or
22        (4) When a defendant is convicted of any felony and the
23    offense involved any of the following types of specific
24    misconduct committed as part of a ceremony, rite,
25    initiation, observance, performance, practice or activity
26    of any actual or ostensible religious, fraternal, or social

 

 

HB4354- 249 -LRB100 16397 SLF 31525 b

1    group:
2            (i) the brutalizing or torturing of humans or
3        animals;
4            (ii) the theft of human corpses;
5            (iii) the kidnapping of humans;
6            (iv) the desecration of any cemetery, religious,
7        fraternal, business, governmental, educational, or
8        other building or property; or
9            (v) ritualized abuse of a child; or
10        (5) When a defendant is convicted of a felony other
11    than conspiracy and the court finds that the felony was
12    committed under an agreement with 2 or more other persons
13    to commit that offense and the defendant, with respect to
14    the other individuals, occupied a position of organizer,
15    supervisor, financier, or any other position of management
16    or leadership, and the court further finds that the felony
17    committed was related to or in furtherance of the criminal
18    activities of an organized gang or was motivated by the
19    defendant's leadership in an organized gang; or
20        (6) When a defendant is convicted of an offense
21    committed while using a firearm with a laser sight attached
22    to it. For purposes of this paragraph, "laser sight" has
23    the meaning ascribed to it in Section 26-7 of the Criminal
24    Code of 2012; or
25        (7) When a defendant who was at least 17 years of age
26    at the time of the commission of the offense is convicted

 

 

HB4354- 250 -LRB100 16397 SLF 31525 b

1    of a felony and has been previously adjudicated a
2    delinquent minor under the Juvenile Court Act of 1987 for
3    an act that if committed by an adult would be a Class X or
4    Class 1 felony when the conviction has occurred within 10
5    years after the previous adjudication, excluding time
6    spent in custody; or
7        (8) When a defendant commits any felony and the
8    defendant used, possessed, exercised control over, or
9    otherwise directed an animal to assault a law enforcement
10    officer engaged in the execution of his or her official
11    duties or in furtherance of the criminal activities of an
12    organized gang in which the defendant is engaged; or
13        (9) When a defendant commits any felony and the
14    defendant knowingly video or audio records the offense with
15    the intent to disseminate the recording.
16    (c) The following factors may be considered by the court as
17reasons to impose an extended term sentence under Section 5-8-2
18(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
19        (1) When a defendant is convicted of first degree
20    murder, after having been previously convicted in Illinois
21    of any offense listed under paragraph (c)(2) of Section
22    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
23    within 10 years after the previous conviction, excluding
24    time spent in custody, and the charges are separately
25    brought and tried and arise out of different series of
26    acts.

 

 

HB4354- 251 -LRB100 16397 SLF 31525 b

1        (1.5) When a defendant is convicted of first degree
2    murder, after having been previously convicted of domestic
3    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
4    (720 ILCS 5/12-3.3) committed on the same victim or after
5    having been previously convicted of violation of an order
6    of protection (720 ILCS 5/12-30) in which the same victim
7    was the protected person.
8        (2) When a defendant is convicted of voluntary
9    manslaughter, second degree murder, involuntary
10    manslaughter, or reckless homicide in which the defendant
11    has been convicted of causing the death of more than one
12    individual.
13        (3) When a defendant is convicted of aggravated
14    criminal sexual assault or criminal sexual assault, when
15    there is a finding that aggravated criminal sexual assault
16    or criminal sexual assault was also committed on the same
17    victim by one or more other individuals, and the defendant
18    voluntarily participated in the crime with the knowledge of
19    the participation of the others in the crime, and the
20    commission of the crime was part of a single course of
21    conduct during which there was no substantial change in the
22    nature of the criminal objective.
23        (4) If the victim was under 18 years of age at the time
24    of the commission of the offense, when a defendant is
25    convicted of aggravated criminal sexual assault or
26    predatory criminal sexual assault of a child under

 

 

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1    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
2    of Section 12-14.1 of the Criminal Code of 1961 or the
3    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
4        (5) When a defendant is convicted of a felony violation
5    of Section 24-1 of the Criminal Code of 1961 or the
6    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
7    finding that the defendant is a member of an organized
8    gang.
9        (6) When a defendant was convicted of unlawful use of
10    weapons under Section 24-1 of the Criminal Code of 1961 or
11    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
12    a weapon that is not readily distinguishable as one of the
13    weapons enumerated in Section 24-1 of the Criminal Code of
14    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
15        (7) When a defendant is convicted of an offense
16    involving the illegal manufacture of a controlled
17    substance under Section 401 of the Illinois Controlled
18    Substances Act (720 ILCS 570/401), the illegal manufacture
19    of methamphetamine under Section 25 of the Methamphetamine
20    Control and Community Protection Act (720 ILCS 646/25), or
21    the illegal possession of explosives and an emergency
22    response officer in the performance of his or her duties is
23    killed or injured at the scene of the offense while
24    responding to the emergency caused by the commission of the
25    offense. In this paragraph, "emergency" means a situation
26    in which a person's life, health, or safety is in jeopardy;

 

 

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1    and "emergency response officer" means a peace officer,
2    community policing volunteer, fireman, emergency medical
3    technician-ambulance, emergency medical
4    technician-intermediate, emergency medical
5    technician-paramedic, ambulance driver, other medical
6    assistance or first aid personnel, or hospital emergency
7    room personnel.
8        (8) When the defendant is convicted of attempted mob
9    action, solicitation to commit mob action, or conspiracy to
10    commit mob action under Section 8-1, 8-2, or 8-4 of the
11    Criminal Code of 2012, where the criminal object is a
12    violation of Section 25-1 of the Criminal Code of 2012, and
13    an electronic communication is used in the commission of
14    the offense. For the purposes of this paragraph (8),
15    "electronic communication" shall have the meaning provided
16    in Section 26.5-0.1 of the Criminal Code of 2012.
17    (d) For the purposes of this Section, "organized gang" has
18the meaning ascribed to it in Section 10 of the Illinois
19Streetgang Terrorism Omnibus Prevention Act.
20    (e) The court may impose an extended term sentence under
21Article 4.5 of Chapter V upon an offender who has been
22convicted of a felony violation of Section 11-1.20, 11-1.30,
2311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
25when the victim of the offense is under 18 years of age at the
26time of the commission of the offense and, during the

 

 

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1commission of the offense, the victim was under the influence
2of alcohol, regardless of whether or not the alcohol was
3supplied by the offender; and the offender, at the time of the
4commission of the offense, knew or should have known that the
5victim had consumed alcohol.
6(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
7eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
8eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
999-347, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
10    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
11    Sec. 5-6-3. Conditions of probation and of conditional
12discharge.
13    (a) The conditions of probation and of conditional
14discharge shall be that the person:
15        (1) not violate any criminal statute of any
16    jurisdiction;
17        (2) report to or appear in person before such person or
18    agency as directed by the court;
19        (3) refrain from possessing a firearm or other
20    dangerous weapon where the offense is a felony or, if a
21    misdemeanor, the offense involved the intentional or
22    knowing infliction of bodily harm or threat of bodily harm;
23        (4) not leave the State without the consent of the
24    court or, in circumstances in which the reason for the
25    absence is of such an emergency nature that prior consent

 

 

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1    by the court is not possible, without the prior
2    notification and approval of the person's probation
3    officer. Transfer of a person's probation or conditional
4    discharge supervision to another state is subject to
5    acceptance by the other state pursuant to the Interstate
6    Compact for Adult Offender Supervision;
7        (5) permit the probation officer to visit him at his
8    home or elsewhere to the extent necessary to discharge his
9    duties;
10        (6) perform no less than 30 hours of community service
11    and not more than 120 hours of community service, if
12    community service is available in the jurisdiction and is
13    funded and approved by the county board where the offense
14    was committed, where the offense was related to or in
15    furtherance of the criminal activities of an organized gang
16    and was motivated by the offender's membership in or
17    allegiance to an organized gang. The community service
18    shall include, but not be limited to, the cleanup and
19    repair of any damage caused by a violation of Section
20    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
21    2012 and similar damage to property located within the
22    municipality or county in which the violation occurred.
23    When possible and reasonable, the community service should
24    be performed in the offender's neighborhood. For purposes
25    of this Section, "organized gang" has the meaning ascribed
26    to it in Section 10 of the Illinois Streetgang Terrorism

 

 

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1    Omnibus Prevention Act;
2        (7) if he or she is at least 17 years of age and has
3    been sentenced to probation or conditional discharge for a
4    misdemeanor or felony in a county of 3,000,000 or more
5    inhabitants and has not been previously convicted of a
6    misdemeanor or felony, may be required by the sentencing
7    court to attend educational courses designed to prepare the
8    defendant for a high school diploma and to work toward a
9    high school diploma or to work toward passing high school
10    equivalency testing or to work toward completing a
11    vocational training program approved by the court. The
12    person on probation or conditional discharge must attend a
13    public institution of education to obtain the educational
14    or vocational training required by this paragraph clause
15    (7). The court shall revoke the probation or conditional
16    discharge of a person who wilfully fails to comply with
17    this paragraph clause (7). The person on probation or
18    conditional discharge shall be required to pay for the cost
19    of the educational courses or high school equivalency
20    testing if a fee is charged for those courses or testing.
21    The court shall resentence the offender whose probation or
22    conditional discharge has been revoked as provided in
23    Section 5-6-4. This paragraph clause (7) does not apply to
24    a person who has a high school diploma or has successfully
25    passed high school equivalency testing. This paragraph
26    clause (7) does not apply to a person who is determined by

 

 

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1    the court to be a person with a developmental disability or
2    otherwise mentally incapable of completing the educational
3    or vocational program;
4        (8) if convicted of possession of a substance
5    prohibited by the Cannabis Control Act, the Illinois
6    Controlled Substances Act, or the Methamphetamine Control
7    and Community Protection Act after a previous conviction or
8    disposition of supervision for possession of a substance
9    prohibited by the Cannabis Control Act or Illinois
10    Controlled Substances Act or after a sentence of probation
11    under Section 10 of the Cannabis Control Act, Section 410
12    of the Illinois Controlled Substances Act, or Section 70 of
13    the Methamphetamine Control and Community Protection Act
14    and upon a finding by the court that the person is
15    addicted, undergo treatment at a substance abuse program
16    approved by the court;
17        (8.5) if convicted of a felony sex offense as defined
18    in the Sex Offender Management Board Act, the person shall
19    undergo and successfully complete sex offender treatment
20    by a treatment provider approved by the Board and conducted
21    in conformance with the standards developed under the Sex
22    Offender Management Board Act;
23        (8.6) if convicted of a sex offense as defined in the
24    Sex Offender Management Board Act, refrain from residing at
25    the same address or in the same condominium unit or
26    apartment unit or in the same condominium complex or

 

 

HB4354- 258 -LRB100 16397 SLF 31525 b

1    apartment complex with another person he or she knows or
2    reasonably should know is a convicted sex offender or has
3    been placed on supervision for a sex offense; the
4    provisions of this paragraph do not apply to a person
5    convicted of a sex offense who is placed in a Department of
6    Corrections licensed transitional housing facility for sex
7    offenders;
8        (8.7) if convicted for an offense committed on or after
9    June 1, 2008 (the effective date of Public Act 95-464) that
10    would qualify the accused as a child sex offender as
11    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
12    1961 or the Criminal Code of 2012, refrain from
13    communicating with or contacting, by means of the Internet,
14    a person who is not related to the accused and whom the
15    accused reasonably believes to be under 18 years of age;
16    for purposes of this paragraph (8.7), "Internet" has the
17    meaning ascribed to it in Section 16-0.1 of the Criminal
18    Code of 2012; and a person is not related to the accused if
19    the person is not: (i) the spouse, brother, or sister of
20    the accused; (ii) a descendant of the accused; (iii) a
21    first or second cousin of the accused; or (iv) a step-child
22    or adopted child of the accused;
23        (8.8) if convicted for an offense under Section 11-6,
24    11-9.1, 11-14.4 that involves soliciting for a juvenile
25    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
26    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1    or any attempt to commit any of these offenses, committed
2    on or after June 1, 2009 (the effective date of Public Act
3    95-983):
4            (i) not access or use a computer or any other
5        device with Internet capability without the prior
6        written approval of the offender's probation officer,
7        except in connection with the offender's employment or
8        search for employment with the prior approval of the
9        offender's probation officer;
10            (ii) submit to periodic unannounced examinations
11        of the offender's computer or any other device with
12        Internet capability by the offender's probation
13        officer, a law enforcement officer, or assigned
14        computer or information technology specialist,
15        including the retrieval and copying of all data from
16        the computer or device and any internal or external
17        peripherals and removal of such information,
18        equipment, or device to conduct a more thorough
19        inspection;
20            (iii) submit to the installation on the offender's
21        computer or device with Internet capability, at the
22        offender's expense, of one or more hardware or software
23        systems to monitor the Internet use; and
24            (iv) submit to any other appropriate restrictions
25        concerning the offender's use of or access to a
26        computer or any other device with Internet capability

 

 

HB4354- 260 -LRB100 16397 SLF 31525 b

1        imposed by the offender's probation officer;
2        (8.9) if convicted of a sex offense as defined in the
3    Sex Offender Registration Act committed on or after January
4    1, 2010 (the effective date of Public Act 96-262), refrain
5    from accessing or using a social networking website as
6    defined in Section 17-0.5 of the Criminal Code of 2012;
7        (9) if convicted of a felony or of any misdemeanor
8    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
9    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
10    2012 that was determined, pursuant to Section 112A-11.1 of
11    the Code of Criminal Procedure of 1963, to trigger the
12    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
13    at a time and place designated by the court, his or her
14    Firearm Owner's Identification Card and any and all
15    firearms in his or her possession. The Court shall return
16    to the Department of State Police Firearm Owner's
17    Identification Card Office the person's Firearm Owner's
18    Identification Card;
19        (10) if convicted of a sex offense as defined in
20    subsection (a-5) of Section 3-1-2 of this Code, unless the
21    offender is a parent or guardian of the person under 18
22    years of age present in the home and no non-familial minors
23    are present, not participate in a holiday event involving
24    children under 18 years of age, such as distributing candy
25    or other items to children on Halloween, wearing a Santa
26    Claus costume on or preceding Christmas, being employed as

 

 

HB4354- 261 -LRB100 16397 SLF 31525 b

1    a department store Santa Claus, or wearing an Easter Bunny
2    costume on or preceding Easter;
3        (11) if convicted of a sex offense as defined in
4    Section 2 of the Sex Offender Registration Act committed on
5    or after January 1, 2010 (the effective date of Public Act
6    96-362) that requires the person to register as a sex
7    offender under that Act, may not knowingly use any computer
8    scrub software on any computer that the sex offender uses;
9        (12) if convicted of a violation of the Methamphetamine
10    Control and Community Protection Act, the Methamphetamine
11    Precursor Control Act, or a methamphetamine related
12    offense:
13            (A) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        pseudoephedrine unless prescribed by a physician; and
16            (B) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        ammonium nitrate; and
19        (13) if convicted of a hate crime involving the
20    protected class identified in subsection (a) of Section
21    12-7.1 of the Criminal Code of 2012 that gave rise to the
22    offense the offender committed, perform public or
23    community service of no less than 200 hours and enroll in
24    an educational program discouraging hate crimes that
25    includes racial, ethnic, and cultural sensitivity training
26    ordered by the court.

 

 

HB4354- 262 -LRB100 16397 SLF 31525 b

1    (b) The Court may in addition to other reasonable
2conditions relating to the nature of the offense or the
3rehabilitation of the defendant as determined for each
4defendant in the proper discretion of the Court require that
5the person:
6        (1) serve a term of periodic imprisonment under Article
7    7 for a period not to exceed that specified in paragraph
8    (d) of Section 5-7-1;
9        (2) pay a fine and costs;
10        (3) work or pursue a course of study or vocational
11    training;
12        (4) undergo medical, psychological or psychiatric
13    treatment; or treatment for drug addiction or alcoholism;
14        (5) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (6) support his dependents;
17        (7) and in addition, if a minor:
18            (i) reside with his parents or in a foster home;
19            (ii) attend school;
20            (iii) attend a non-residential program for youth;
21            (iv) contribute to his own support at home or in a
22        foster home;
23            (v) with the consent of the superintendent of the
24        facility, attend an educational program at a facility
25        other than the school in which the offense was
26        committed if he or she is convicted of a crime of

 

 

HB4354- 263 -LRB100 16397 SLF 31525 b

1        violence as defined in Section 2 of the Crime Victims
2        Compensation Act committed in a school, on the real
3        property comprising a school, or within 1,000 feet of
4        the real property comprising a school;
5        (8) make restitution as provided in Section 5-5-6 of
6    this Code;
7        (9) perform some reasonable public or community
8    service;
9        (10) serve a term of home confinement. In addition to
10    any other applicable condition of probation or conditional
11    discharge, the conditions of home confinement shall be that
12    the offender:
13            (i) remain within the interior premises of the
14        place designated for his confinement during the hours
15        designated by the court;
16            (ii) admit any person or agent designated by the
17        court into the offender's place of confinement at any
18        time for purposes of verifying the offender's
19        compliance with the conditions of his confinement; and
20            (iii) if further deemed necessary by the court or
21        the Probation or Court Services Department, be placed
22        on an approved electronic monitoring device, subject
23        to Article 8A of Chapter V;
24            (iv) for persons convicted of any alcohol,
25        cannabis or controlled substance violation who are
26        placed on an approved monitoring device as a condition

 

 

HB4354- 264 -LRB100 16397 SLF 31525 b

1        of probation or conditional discharge, the court shall
2        impose a reasonable fee for each day of the use of the
3        device, as established by the county board in
4        subsection (g) of this Section, unless after
5        determining the inability of the offender to pay the
6        fee, the court assesses a lesser fee or no fee as the
7        case may be. This fee shall be imposed in addition to
8        the fees imposed under subsections (g) and (i) of this
9        Section. The fee shall be collected by the clerk of the
10        circuit court, except as provided in an administrative
11        order of the Chief Judge of the circuit court. The
12        clerk of the circuit court shall pay all monies
13        collected from this fee to the county treasurer for
14        deposit in the substance abuse services fund under
15        Section 5-1086.1 of the Counties Code, except as
16        provided in an administrative order of the Chief Judge
17        of the circuit court.
18            The Chief Judge of the circuit court of the county
19        may by administrative order establish a program for
20        electronic monitoring of offenders, in which a vendor
21        supplies and monitors the operation of the electronic
22        monitoring device, and collects the fees on behalf of
23        the county. The program shall include provisions for
24        indigent offenders and the collection of unpaid fees.
25        The program shall not unduly burden the offender and
26        shall be subject to review by the Chief Judge.

 

 

HB4354- 265 -LRB100 16397 SLF 31525 b

1            The Chief Judge of the circuit court may suspend
2        any additional charges or fees for late payment,
3        interest, or damage to any device; and
4            (v) for persons convicted of offenses other than
5        those referenced in clause (iv) above and who are
6        placed on an approved monitoring device as a condition
7        of probation or conditional discharge, the court shall
8        impose a reasonable fee for each day of the use of the
9        device, as established by the county board in
10        subsection (g) of this Section, unless after
11        determining the inability of the defendant to pay the
12        fee, the court assesses a lesser fee or no fee as the
13        case may be. This fee shall be imposed in addition to
14        the fees imposed under subsections (g) and (i) of this
15        Section. The fee shall be collected by the clerk of the
16        circuit court, except as provided in an administrative
17        order of the Chief Judge of the circuit court. The
18        clerk of the circuit court shall pay all monies
19        collected from this fee to the county treasurer who
20        shall use the monies collected to defray the costs of
21        corrections. The county treasurer shall deposit the
22        fee collected in the probation and court services fund.
23        The Chief Judge of the circuit court of the county may
24        by administrative order establish a program for
25        electronic monitoring of offenders, in which a vendor
26        supplies and monitors the operation of the electronic

 

 

HB4354- 266 -LRB100 16397 SLF 31525 b

1        monitoring device, and collects the fees on behalf of
2        the county. The program shall include provisions for
3        indigent offenders and the collection of unpaid fees.
4        The program shall not unduly burden the offender and
5        shall be subject to review by the Chief Judge.
6            The Chief Judge of the circuit court may suspend
7        any additional charges or fees for late payment,
8        interest, or damage to any device.
9        (11) comply with the terms and conditions of an order
10    of protection issued by the court pursuant to the Illinois
11    Domestic Violence Act of 1986, as now or hereafter amended,
12    or an order of protection issued by the court of another
13    state, tribe, or United States territory. A copy of the
14    order of protection shall be transmitted to the probation
15    officer or agency having responsibility for the case;
16        (12) reimburse any "local anti-crime program" as
17    defined in Section 7 of the Anti-Crime Advisory Council Act
18    for any reasonable expenses incurred by the program on the
19    offender's case, not to exceed the maximum amount of the
20    fine authorized for the offense for which the defendant was
21    sentenced;
22        (13) contribute a reasonable sum of money, not to
23    exceed the maximum amount of the fine authorized for the
24    offense for which the defendant was sentenced, (i) to a
25    "local anti-crime program", as defined in Section 7 of the
26    Anti-Crime Advisory Council Act, or (ii) for offenses under

 

 

HB4354- 267 -LRB100 16397 SLF 31525 b

1    the jurisdiction of the Department of Natural Resources, to
2    the fund established by the Department of Natural Resources
3    for the purchase of evidence for investigation purposes and
4    to conduct investigations as outlined in Section 805-105 of
5    the Department of Natural Resources (Conservation) Law;
6        (14) refrain from entering into a designated
7    geographic area except upon such terms as the court finds
8    appropriate. Such terms may include consideration of the
9    purpose of the entry, the time of day, other persons
10    accompanying the defendant, and advance approval by a
11    probation officer, if the defendant has been placed on
12    probation or advance approval by the court, if the
13    defendant was placed on conditional discharge;
14        (15) refrain from having any contact, directly or
15    indirectly, with certain specified persons or particular
16    types of persons, including but not limited to members of
17    street gangs and drug users or dealers;
18        (16) refrain from having in his or her body the
19    presence of any illicit drug prohibited by the Cannabis
20    Control Act, the Illinois Controlled Substances Act, or the
21    Methamphetamine Control and Community Protection Act,
22    unless prescribed by a physician, and submit samples of his
23    or her blood or urine or both for tests to determine the
24    presence of any illicit drug;
25        (17) if convicted for an offense committed on or after
26    June 1, 2008 (the effective date of Public Act 95-464) that

 

 

HB4354- 268 -LRB100 16397 SLF 31525 b

1    would qualify the accused as a child sex offender as
2    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
3    1961 or the Criminal Code of 2012, refrain from
4    communicating with or contacting, by means of the Internet,
5    a person who is related to the accused and whom the accused
6    reasonably believes to be under 18 years of age; for
7    purposes of this paragraph (17), "Internet" has the meaning
8    ascribed to it in Section 16-0.1 of the Criminal Code of
9    2012; and a person is related to the accused if the person
10    is: (i) the spouse, brother, or sister of the accused; (ii)
11    a descendant of the accused; (iii) a first or second cousin
12    of the accused; or (iv) a step-child or adopted child of
13    the accused;
14        (18) if convicted for an offense committed on or after
15    June 1, 2009 (the effective date of Public Act 95-983) that
16    would qualify as a sex offense as defined in the Sex
17    Offender Registration Act:
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the offender's probation officer,
21        except in connection with the offender's employment or
22        search for employment with the prior approval of the
23        offender's probation officer;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's probation

 

 

HB4354- 269 -LRB100 16397 SLF 31525 b

1        officer, a law enforcement officer, or assigned
2        computer or information technology specialist,
3        including the retrieval and copying of all data from
4        the computer or device and any internal or external
5        peripherals and removal of such information,
6        equipment, or device to conduct a more thorough
7        inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        subject's expense, of one or more hardware or software
11        systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the offender's probation officer; and
16        (19) refrain from possessing a firearm or other
17    dangerous weapon where the offense is a misdemeanor that
18    did not involve the intentional or knowing infliction of
19    bodily harm or threat of bodily harm.
20    (c) The court may as a condition of probation or of
21conditional discharge require that a person under 18 years of
22age found guilty of any alcohol, cannabis or controlled
23substance violation, refrain from acquiring a driver's license
24during the period of probation or conditional discharge. If
25such person is in possession of a permit or license, the court
26may require that the minor refrain from driving or operating

 

 

HB4354- 270 -LRB100 16397 SLF 31525 b

1any motor vehicle during the period of probation or conditional
2discharge, except as may be necessary in the course of the
3minor's lawful employment.
4    (d) An offender sentenced to probation or to conditional
5discharge shall be given a certificate setting forth the
6conditions thereof.
7    (e) Except where the offender has committed a fourth or
8subsequent violation of subsection (c) of Section 6-303 of the
9Illinois Vehicle Code, the court shall not require as a
10condition of the sentence of probation or conditional discharge
11that the offender be committed to a period of imprisonment in
12excess of 6 months. This 6-month 6 month limit shall not
13include periods of confinement given pursuant to a sentence of
14county impact incarceration under Section 5-8-1.2.
15    Persons committed to imprisonment as a condition of
16probation or conditional discharge shall not be committed to
17the Department of Corrections.
18    (f) The court may combine a sentence of periodic
19imprisonment under Article 7 or a sentence to a county impact
20incarceration program under Article 8 with a sentence of
21probation or conditional discharge.
22    (g) An offender sentenced to probation or to conditional
23discharge and who during the term of either undergoes mandatory
24drug or alcohol testing, or both, or is assigned to be placed
25on an approved electronic monitoring device, shall be ordered
26to pay all costs incidental to such mandatory drug or alcohol

 

 

HB4354- 271 -LRB100 16397 SLF 31525 b

1testing, or both, and all costs incidental to such approved
2electronic monitoring in accordance with the defendant's
3ability to pay those costs. The county board with the
4concurrence of the Chief Judge of the judicial circuit in which
5the county is located shall establish reasonable fees for the
6cost of maintenance, testing, and incidental expenses related
7to the mandatory drug or alcohol testing, or both, and all
8costs incidental to approved electronic monitoring, involved
9in a successful probation program for the county. The
10concurrence of the Chief Judge shall be in the form of an
11administrative order. The fees shall be collected by the clerk
12of the circuit court, except as provided in an administrative
13order of the Chief Judge of the circuit court. The clerk of the
14circuit court shall pay all moneys collected from these fees to
15the county treasurer who shall use the moneys collected to
16defray the costs of drug testing, alcohol testing, and
17electronic monitoring. The county treasurer shall deposit the
18fees collected in the county working cash fund under Section
196-27001 or Section 6-29002 of the Counties Code, as the case
20may be. The Chief Judge of the circuit court of the county may
21by administrative order establish a program for electronic
22monitoring of offenders, in which a vendor supplies and
23monitors the operation of the electronic monitoring device, and
24collects the fees on behalf of the county. The program shall
25include provisions for indigent offenders and the collection of
26unpaid fees. The program shall not unduly burden the offender

 

 

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1and shall be subject to review by the Chief Judge.
2    The Chief Judge of the circuit court may suspend any
3additional charges or fees for late payment, interest, or
4damage to any device.
5    (h) Jurisdiction over an offender may be transferred from
6the sentencing court to the court of another circuit with the
7concurrence of both courts. Further transfers or retransfers of
8jurisdiction are also authorized in the same manner. The court
9to which jurisdiction has been transferred shall have the same
10powers as the sentencing court. The probation department within
11the circuit to which jurisdiction has been transferred, or
12which has agreed to provide supervision, may impose probation
13fees upon receiving the transferred offender, as provided in
14subsection (i). For all transfer cases, as defined in Section
159b of the Probation and Probation Officers Act, the probation
16department from the original sentencing court shall retain all
17probation fees collected prior to the transfer. After the
18transfer, all probation fees shall be paid to the probation
19department within the circuit to which jurisdiction has been
20transferred.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee of

 

 

HB4354- 273 -LRB100 16397 SLF 31525 b

1$50 for each month of probation or conditional discharge
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4sentenced to probation or conditional discharge or supervised
5community service to pay the fee, the court assesses a lesser
6fee. The court may not impose the fee on a minor who is placed
7in the guardianship or custody of the Department of Children
8and Family Services under the Juvenile Court Act of 1987 while
9the minor is in placement. The fee shall be imposed only upon
10an offender who is actively supervised by the probation and
11court services department. The fee shall be collected by the
12clerk of the circuit court. The clerk of the circuit court
13shall pay all monies collected from this fee to the county
14treasurer for deposit in the probation and court services fund
15under Section 15.1 of the Probation and Probation Officers Act.
16    A circuit court may not impose a probation fee under this
17subsection (i) in excess of $25 per month unless the circuit
18court has adopted, by administrative order issued by the chief
19judge, a standard probation fee guide determining an offender's
20ability to pay Of the amount collected as a probation fee, up
21to $5 of that fee collected per month may be used to provide
22services to crime victims and their families.
23    The Court may only waive probation fees based on an
24offender's ability to pay. The probation department may
25re-evaluate an offender's ability to pay every 6 months, and,
26with the approval of the Director of Court Services or the

 

 

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1Chief Probation Officer, adjust the monthly fee amount. An
2offender may elect to pay probation fees due in a lump sum. Any
3offender that has been assigned to the supervision of a
4probation department, or has been transferred either under
5subsection (h) of this Section or under any interstate compact,
6shall be required to pay probation fees to the department
7supervising the offender, based on the offender's ability to
8pay.
9    Public Act 93-970 This amendatory Act of the 93rd General
10Assembly deletes the $10 increase in the fee under this
11subsection that was imposed by Public Act 93-616. This deletion
12is intended to control over any other Act of the 93rd General
13Assembly that retains or incorporates that fee increase.
14    (i-5) In addition to the fees imposed under subsection (i)
15of this Section, in the case of an offender convicted of a
16felony sex offense (as defined in the Sex Offender Management
17Board Act) or an offense that the court or probation department
18has determined to be sexually motivated (as defined in the Sex
19Offender Management Board Act), the court or the probation
20department shall assess additional fees to pay for all costs of
21treatment, assessment, evaluation for risk and treatment, and
22monitoring the offender, based on that offender's ability to
23pay those costs either as they occur or under a payment plan.
24    (j) All fines and costs imposed under this Section for any
25violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
26Code, or a similar provision of a local ordinance, and any

 

 

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1violation of the Child Passenger Protection Act, or a similar
2provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5    (k) Any offender who is sentenced to probation or
6conditional discharge for a felony sex offense as defined in
7the Sex Offender Management Board Act or any offense that the
8court or probation department has determined to be sexually
9motivated as defined in the Sex Offender Management Board Act
10shall be required to refrain from any contact, directly or
11indirectly, with any persons specified by the court and shall
12be available for all evaluations and treatment programs
13required by the court or the probation department.
14    (l) The court may order an offender who is sentenced to
15probation or conditional discharge for a violation of an order
16of protection be placed under electronic surveillance as
17provided in Section 5-8A-7 of this Code.
18(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
19100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
 
20    Section 100. The Stalking No Contact Order Act is amended
21by changing Section 80 as follows:
 
22    (740 ILCS 21/80)
23    Sec. 80. Stalking no contact orders; remedies.
24    (a) If the court finds that the petitioner has been a

 

 

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1victim of stalking, a stalking no contact order shall issue;
2provided that the petitioner must also satisfy the requirements
3of Section 95 on emergency orders or Section 100 on plenary
4orders. The petitioner shall not be denied a stalking no
5contact order because the petitioner or the respondent is a
6minor. The court, when determining whether or not to issue a
7stalking no contact order, may not require physical injury on
8the person of the petitioner. Modification and extension of
9prior stalking no contact orders shall be in accordance with
10this Act.
11    (b) A stalking no contact order shall order one or more of
12the following:
13        (1) prohibit the respondent from threatening to commit
14    or committing stalking;
15        (2) order the respondent not to have any contact with
16    the petitioner or a third person specifically named by the
17    court;
18        (3) prohibit the respondent from knowingly coming
19    within, or knowingly remaining within a specified distance
20    of the petitioner or the petitioner's residence, school,
21    daycare, or place of employment, or any specified place
22    frequented by the petitioner; however, the court may order
23    the respondent to stay away from the respondent's own
24    residence, school, or place of employment only if the
25    respondent has been provided actual notice of the
26    opportunity to appear and be heard on the petition;

 

 

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1        (4) prohibit the respondent from possessing a Firearm
2    Owners Identification Card, or possessing or buying
3    firearms; and
4        (5) order other injunctive relief the court determines
5    to be necessary to protect the petitioner or third party
6    specifically named by the court.
7    (b-5) When the petitioner and the respondent attend the
8same public, private, or non-public elementary, middle, or high
9school, the court when issuing a stalking no contact order and
10providing relief shall consider the severity of the act, any
11continuing physical danger or emotional distress to the
12petitioner, the educational rights guaranteed to the
13petitioner and respondent under federal and State law, the
14availability of a transfer of the respondent to another school,
15a change of placement or a change of program of the respondent,
16the expense, difficulty, and educational disruption that would
17be caused by a transfer of the respondent to another school,
18and any other relevant facts of the case. The court may order
19that the respondent not attend the public, private, or
20non-public elementary, middle, or high school attended by the
21petitioner, order that the respondent accept a change of
22placement or program, as determined by the school district or
23private or non-public school, or place restrictions on the
24respondent's movements within the school attended by the
25petitioner. The respondent bears the burden of proving by a
26preponderance of the evidence that a transfer, change of

 

 

HB4354- 278 -LRB100 16397 SLF 31525 b

1placement, or change of program of the respondent is not
2available. The respondent also bears the burden of production
3with respect to the expense, difficulty, and educational
4disruption that would be caused by a transfer of the respondent
5to another school. A transfer, change of placement, or change
6of program is not unavailable to the respondent solely on the
7ground that the respondent does not agree with the school
8district's or private or non-public school's transfer, change
9of placement, or change of program or solely on the ground that
10the respondent fails or refuses to consent to or otherwise does
11not take an action required to effectuate a transfer, change of
12placement, or change of program. When a court orders a
13respondent to stay away from the public, private, or non-public
14school attended by the petitioner and the respondent requests a
15transfer to another attendance center within the respondent's
16school district or private or non-public school, the school
17district or private or non-public school shall have sole
18discretion to determine the attendance center to which the
19respondent is transferred. In the event the court order results
20in a transfer of the minor respondent to another attendance
21center, a change in the respondent's placement, or a change of
22the respondent's program, the parents, guardian, or legal
23custodian of the respondent is responsible for transportation
24and other costs associated with the transfer or change.
25    (b-6) The court may order the parents, guardian, or legal
26custodian of a minor respondent to take certain actions or to

 

 

HB4354- 279 -LRB100 16397 SLF 31525 b

1refrain from taking certain actions to ensure that the
2respondent complies with the order. In the event the court
3orders a transfer of the respondent to another school, the
4parents, guardian, or legal custodian of the respondent are
5responsible for transportation and other costs associated with
6the change of school by the respondent.
7    (b-7) The court shall not hold a school district or private
8or non-public school or any of its employees in civil or
9criminal contempt unless the school district or private or
10non-public school has been allowed to intervene.
11    (b-8) The court may hold the parents, guardian, or legal
12custodian of a minor respondent in civil or criminal contempt
13for a violation of any provision of any order entered under
14this Act for conduct of the minor respondent in violation of
15this Act if the parents, guardian, or legal custodian directed,
16encouraged, or assisted the respondent minor in such conduct.
17    (c) The court may award the petitioner costs and attorneys
18fees if a stalking no contact order is granted.
19    (d) Monetary damages are not recoverable as a remedy.
20    (e) If the stalking no contact order prohibits the
21respondent from possessing a Firearm Owner's Identification
22Card, or possessing or buying firearms; the court shall
23confiscate the respondent's firearms Firearm Owner's
24Identification Card and immediately return the card to the
25Department of State Police Firearm Owner's Identification Card
26Office.

 

 

HB4354- 280 -LRB100 16397 SLF 31525 b

1(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
297-1131, eff. 1-1-13.)
 
3    Section 105. The Mental Health and Developmental
4Disabilities Confidentiality Act is amended by changing
5Section 12 as follows:
 
6    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
7    Sec. 12. (a) If the United States Secret Service or the
8Department of State Police requests information from a mental
9health or developmental disability facility, as defined in
10Section 1-107 and 1-114 of the Mental Health and Developmental
11Disabilities Code, relating to a specific recipient and the
12facility director determines that disclosure of such
13information may be necessary to protect the life of, or to
14prevent the infliction of great bodily harm to, a public
15official, or a person under the protection of the United States
16Secret Service, only the following information may be
17disclosed: the recipient's name, address, and age and the date
18of any admission to or discharge from a facility; and any
19information which would indicate whether or not the recipient
20has a history of violence or presents a danger of violence to
21the person under protection. Any information so disclosed shall
22be used for investigative purposes only and shall not be
23publicly disseminated. Any person participating in good faith
24in the disclosure of such information in accordance with this

 

 

HB4354- 281 -LRB100 16397 SLF 31525 b

1provision shall have immunity from any liability, civil,
2criminal or otherwise, if such information is disclosed relying
3upon the representation of an officer of the United States
4Secret Service or the Department of State Police that a person
5is under the protection of the United States Secret Service or
6is a public official.
7    For the purpose of this subsection (a), the term "public
8official" means the Governor, Lieutenant Governor, Attorney
9General, Secretary of State, State Comptroller, State
10Treasurer, member of the General Assembly, member of the United
11States Congress, Judge of the United States as defined in 28
12U.S.C. 451, Justice of the United States as defined in 28
13U.S.C. 451, United States Magistrate Judge as defined in 28
14U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
15Supreme, Appellate, Circuit, or Associate Judge of the State of
16Illinois. The term shall also include the spouse, child or
17children of a public official.
18    (b) The Department of Human Services (acting as successor
19to the Department of Mental Health and Developmental
20Disabilities) and all public or private hospitals and mental
21health facilities are required, as hereafter described in this
22subsection, to furnish the Department of State Police only such
23information as may be required for the sole purpose of
24determining whether an individual who may be or may have been a
25patient is disqualified because of that status from receiving
26or retaining a firearm under paragraph (4) of subsection (a) of

 

 

HB4354- 282 -LRB100 16397 SLF 31525 b

1Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
2Identification Card or falls within the federal prohibitors
3under subsection (e), (f), (g), (r), (s), or (t) of Section 8
4of the Firearm Owners Identification Card Act, or falls within
5the federal prohibitors in 18 U.S.C. 922(g) and (n). All
6physicians, clinical psychologists, or qualified examiners at
7public or private mental health facilities or parts thereof as
8defined in this subsection shall, in the form and manner
9required by the Department, provide notice directly to the
10Department of Human Services, or to his or her employer who
11shall then report to the Department, within 24 hours after
12determining that a person poses a clear and present danger to
13himself, herself, or others, or within 7 days after a person 14
14years or older is determined to be a person with a
15developmental disability by a physician, clinical
16psychologist, or qualified examiner as described in this
17subsection (b) Section 1.1 of the Firearm Owners Identification
18Card Act. If a person is a patient as described in clause
19(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1
20of the Firearm Owners Identification Card Act, this information
21shall be furnished within 7 days after admission to a public or
22private hospital or mental health facility or the provision of
23services. Any such information disclosed under this subsection
24shall remain privileged and confidential, and shall not be
25redisclosed, except as required by clause (e)(2) of Section
2624-4.5 of the Criminal Code of 2012 subsection (e) of Section

 

 

HB4354- 283 -LRB100 16397 SLF 31525 b

13.1 of the Firearm Owners Identification Card Act, nor utilized
2for any other purpose. The method of requiring the providing of
3such information shall guarantee that no information is
4released beyond what is necessary for this purpose. In
5addition, the information disclosed shall be provided by the
6Department within the time period established by Section 24-3
7of the Criminal Code of 2012 regarding the delivery of
8firearms. The method used shall be sufficient to provide the
9necessary information within the prescribed time period, which
10may include periodically providing lists to the Department of
11Human Services or any public or private hospital or mental
12health facility of Firearm Owner's Identification Card
13applicants for firearm purchases on which the Department or
14hospital shall indicate the identities of those individuals who
15are to its knowledge disqualified from having a firearm Firearm
16Owner's Identification Card for reasons described herein. The
17Department may provide for a centralized source of information
18for the State on this subject under its jurisdiction. The
19identity of the person reporting under this subsection shall
20not be disclosed to the subject of the report. For the purposes
21of this subsection, the physician, clinical psychologist, or
22qualified examiner making the determination and his or her
23employer shall not be held criminally, civilly, or
24professionally liable for making or not making the notification
25required under this subsection, except for willful or wanton
26misconduct.

 

 

HB4354- 284 -LRB100 16397 SLF 31525 b

1    Any person, institution, or agency, under this Act,
2participating in good faith in the reporting or disclosure of
3records and communications otherwise in accordance with this
4provision or with rules, regulations or guidelines issued by
5the Department shall have immunity from any liability, civil,
6criminal or otherwise, that might result by reason of the
7action. For the purpose of any proceeding, civil or criminal,
8arising out of a report or disclosure in accordance with this
9provision, the good faith of any person, institution, or agency
10so reporting or disclosing shall be presumed. The full extent
11of the immunity provided in this subsection (b) shall apply to
12any person, institution or agency that fails to make a report
13or disclosure in the good faith belief that the report or
14disclosure would violate federal regulations governing the
15confidentiality of alcohol and drug abuse patient records
16implementing 42 U.S.C. 290dd-3 and 290ee-3.
17    For purposes of this subsection (b) only, the following
18terms shall have the meaning prescribed:
19        (1) (Blank).
20        (1.3) "Clear and present danger" has the meaning as
21    defined in Section 6-103.3 of the Mental Health and
22    Developmental Disabilities Code 1.1 of the Firearm Owners
23    Identification Card Act.
24        (1.5) "Person with a developmental disability" 6-103.3
25    of the Mental Health and Developmental Disabilities Code
26    has the meaning as defined in Section 1.1 of the Firearm

 

 

HB4354- 285 -LRB100 16397 SLF 31525 b

1    Owners Identification Card Act.
2        (2) "Patient" means (A) a person who voluntarily
3    receives mental health treatment as an in-patient or
4    resident of any public or private mental health facility,
5    unless the treatment was solely for an alcohol abuse
6    disorder and no other secondary substance abuse disorder or
7    mental illness; or (B) a person who voluntarily receives
8    mental health treatment as an out-patient or is provided
9    services by a public or private mental health facility, and
10    who poses a clear and present danger to himself, herself,
11    or to others has the meaning as defined in Section 1.1 of
12    the Firearm Owners Identification Card Act.
13        (3) "Mental health facility" means any licensed
14    private hospital or hospital affiliate, institution, or
15    facility, or part thereof, and any facility, or part
16    thereof, operated by the State or a political subdivision
17    thereof which provide treatment of persons with mental
18    illness and includes all hospitals, institutions, clinics,
19    evaluation facilities, mental health centers, colleges,
20    universities, long-term care facilities, and nursing
21    homes, or parts thereof, which provide treatment of persons
22    with mental illness whether or not the primary purpose is
23    to provide treatment of persons with mental illness has the
24    meaning as defined in Section 1.1 of the Firearm Owners
25    Identification Card Act.
26    (c) Upon the request of a peace officer who takes a person

 

 

HB4354- 286 -LRB100 16397 SLF 31525 b

1into custody and transports such person to a mental health or
2developmental disability facility pursuant to Section 3-606 or
34-404 of the Mental Health and Developmental Disabilities Code
4or who transports a person from such facility, a facility
5director shall furnish said peace officer the name, address,
6age and name of the nearest relative of the person transported
7to or from the mental health or developmental disability
8facility. In no case shall the facility director disclose to
9the peace officer any information relating to the diagnosis,
10treatment or evaluation of the person's mental or physical
11health.
12    For the purposes of this subsection (c), the terms "mental
13health or developmental disability facility", "peace officer"
14and "facility director" shall have the meanings ascribed to
15them in the Mental Health and Developmental Disabilities Code.
16    (d) Upon the request of a peace officer or prosecuting
17authority who is conducting a bona fide investigation of a
18criminal offense, or attempting to apprehend a fugitive from
19justice, a facility director may disclose whether a person is
20present at the facility. Upon request of a peace officer or
21prosecuting authority who has a valid forcible felony warrant
22issued, a facility director shall disclose: (1) whether the
23person who is the subject of the warrant is present at the
24facility and (2) the date of that person's discharge or future
25discharge from the facility. The requesting peace officer or
26prosecuting authority must furnish a case number and the

 

 

HB4354- 287 -LRB100 16397 SLF 31525 b

1purpose of the investigation or an outstanding arrest warrant
2at the time of the request. Any person, institution, or agency
3participating in good faith in disclosing such information in
4accordance with this subsection (d) is immune from any
5liability, civil, criminal or otherwise, that might result by
6reason of the action.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; 99-642, eff. 7-28-16.)
 
9    Section 110. The Illinois Domestic Violence Act of 1986 is
10amended by changing Section 214 as follows:
 
11    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
12    Sec. 214. Order of protection; remedies.
13    (a) Issuance of order. If the court finds that petitioner
14has been abused by a family or household member or that
15petitioner is a high-risk adult who has been abused, neglected,
16or exploited, as defined in this Act, an order of protection
17prohibiting the abuse, neglect, or exploitation shall issue;
18provided that petitioner must also satisfy the requirements of
19one of the following Sections, as appropriate: Section 217 on
20emergency orders, Section 218 on interim orders, or Section 219
21on plenary orders. Petitioner shall not be denied an order of
22protection because petitioner or respondent is a minor. The
23court, when determining whether or not to issue an order of
24protection, shall not require physical manifestations of abuse

 

 

HB4354- 288 -LRB100 16397 SLF 31525 b

1on the person of the victim. Modification and extension of
2prior orders of protection shall be in accordance with this
3Act.
4    (b) Remedies and standards. The remedies to be included in
5an order of protection shall be determined in accordance with
6this Section and one of the following Sections, as appropriate:
7Section 217 on emergency orders, Section 218 on interim orders,
8and Section 219 on plenary orders. The remedies listed in this
9subsection shall be in addition to other civil or criminal
10remedies available to petitioner.
11        (1) Prohibition of abuse, neglect, or exploitation.
12    Prohibit respondent's harassment, interference with
13    personal liberty, intimidation of a dependent, physical
14    abuse, or willful deprivation, neglect or exploitation, as
15    defined in this Act, or stalking of the petitioner, as
16    defined in Section 12-7.3 of the Criminal Code of 2012, if
17    such abuse, neglect, exploitation, or stalking has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner
24    has a right to occupancy thereof. The grant of exclusive
25    possession of the residence, household, or premises shall
26    not affect title to real property, nor shall the court be

 

 

HB4354- 289 -LRB100 16397 SLF 31525 b

1    limited by the standard set forth in Section 701 of the
2    Illinois Marriage and Dissolution of Marriage Act.
3            (A) Right to occupancy. A party has a right to
4        occupancy of a residence or household if it is solely
5        or jointly owned or leased by that party, that party's
6        spouse, a person with a legal duty to support that
7        party or a minor child in that party's care, or by any
8        person or entity other than the opposing party that
9        authorizes that party's occupancy (e.g., a domestic
10        violence shelter). Standards set forth in subparagraph
11        (B) shall not preclude equitable relief.
12            (B) Presumption of hardships. If petitioner and
13        respondent each has the right to occupancy of a
14        residence or household, the court shall balance (i) the
15        hardships to respondent and any minor child or
16        dependent adult in respondent's care resulting from
17        entry of this remedy with (ii) the hardships to
18        petitioner and any minor child or dependent adult in
19        petitioner's care resulting from continued exposure to
20        the risk of abuse (should petitioner remain at the
21        residence or household) or from loss of possession of
22        the residence or household (should petitioner leave to
23        avoid the risk of abuse). When determining the balance
24        of hardships, the court shall also take into account
25        the accessibility of the residence or household.
26        Hardships need not be balanced if respondent does not

 

 

HB4354- 290 -LRB100 16397 SLF 31525 b

1        have a right to occupancy.
2            The balance of hardships is presumed to favor
3        possession by petitioner unless the presumption is
4        rebutted by a preponderance of the evidence, showing
5        that the hardships to respondent substantially
6        outweigh the hardships to petitioner and any minor
7        child or dependent adult in petitioner's care. The
8        court, on the request of petitioner or on its own
9        motion, may order respondent to provide suitable,
10        accessible, alternate housing for petitioner instead
11        of excluding respondent from a mutual residence or
12        household.
13        (3) Stay away order and additional prohibitions. Order
14    respondent to stay away from petitioner or any other person
15    protected by the order of protection, or prohibit
16    respondent from entering or remaining present at
17    petitioner's school, place of employment, or other
18    specified places at times when petitioner is present, or
19    both, if reasonable, given the balance of hardships.
20    Hardships need not be balanced for the court to enter a
21    stay away order or prohibit entry if respondent has no
22    right to enter the premises.
23            (A) If an order of protection grants petitioner
24        exclusive possession of the residence, or prohibits
25        respondent from entering the residence, or orders
26        respondent to stay away from petitioner or other

 

 

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1        protected persons, then the court may allow respondent
2        access to the residence to remove items of clothing and
3        personal adornment used exclusively by respondent,
4        medications, and other items as the court directs. The
5        right to access shall be exercised on only one occasion
6        as the court directs and in the presence of an
7        agreed-upon adult third party or law enforcement
8        officer.
9            (B) When the petitioner and the respondent attend
10        the same public, private, or non-public elementary,
11        middle, or high school, the court when issuing an order
12        of protection and providing relief shall consider the
13        severity of the act, any continuing physical danger or
14        emotional distress to the petitioner, the educational
15        rights guaranteed to the petitioner and respondent
16        under federal and State law, the availability of a
17        transfer of the respondent to another school, a change
18        of placement or a change of program of the respondent,
19        the expense, difficulty, and educational disruption
20        that would be caused by a transfer of the respondent to
21        another school, and any other relevant facts of the
22        case. The court may order that the respondent not
23        attend the public, private, or non-public elementary,
24        middle, or high school attended by the petitioner,
25        order that the respondent accept a change of placement
26        or change of program, as determined by the school

 

 

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1        district or private or non-public school, or place
2        restrictions on the respondent's movements within the
3        school attended by the petitioner. The respondent
4        bears the burden of proving by a preponderance of the
5        evidence that a transfer, change of placement, or
6        change of program of the respondent is not available.
7        The respondent also bears the burden of production with
8        respect to the expense, difficulty, and educational
9        disruption that would be caused by a transfer of the
10        respondent to another school. A transfer, change of
11        placement, or change of program is not unavailable to
12        the respondent solely on the ground that the respondent
13        does not agree with the school district's or private or
14        non-public school's transfer, change of placement, or
15        change of program or solely on the ground that the
16        respondent fails or refuses to consent or otherwise
17        does not take an action required to effectuate a
18        transfer, change of placement, or change of program.
19        When a court orders a respondent to stay away from the
20        public, private, or non-public school attended by the
21        petitioner and the respondent requests a transfer to
22        another attendance center within the respondent's
23        school district or private or non-public school, the
24        school district or private or non-public school shall
25        have sole discretion to determine the attendance
26        center to which the respondent is transferred. In the

 

 

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1        event the court order results in a transfer of the
2        minor respondent to another attendance center, a
3        change in the respondent's placement, or a change of
4        the respondent's program, the parents, guardian, or
5        legal custodian of the respondent is responsible for
6        transportation and other costs associated with the
7        transfer or change.
8            (C) The court may order the parents, guardian, or
9        legal custodian of a minor respondent to take certain
10        actions or to refrain from taking certain actions to
11        ensure that the respondent complies with the order. In
12        the event the court orders a transfer of the respondent
13        to another school, the parents, guardian, or legal
14        custodian of the respondent is responsible for
15        transportation and other costs associated with the
16        change of school by the respondent.
17        (4) Counseling. Require or recommend the respondent to
18    undergo counseling for a specified duration with a social
19    worker, psychologist, clinical psychologist, psychiatrist,
20    family service agency, alcohol or substance abuse program,
21    mental health center guidance counselor, agency providing
22    services to elders, program designed for domestic violence
23    abusers or any other guidance service the court deems
24    appropriate. The Court may order the respondent in any
25    intimate partner relationship to report to an Illinois
26    Department of Human Services protocol approved partner

 

 

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1    abuse intervention program for an assessment and to follow
2    all recommended treatment.
3        (5) Physical care and possession of the minor child. In
4    order to protect the minor child from abuse, neglect, or
5    unwarranted separation from the person who has been the
6    minor child's primary caretaker, or to otherwise protect
7    the well-being of the minor child, the court may do either
8    or both of the following: (i) grant petitioner physical
9    care or possession of the minor child, or both, or (ii)
10    order respondent to return a minor child to, or not remove
11    a minor child from, the physical care of a parent or person
12    in loco parentis.
13        If a court finds, after a hearing, that respondent has
14    committed abuse (as defined in Section 103) of a minor
15    child, there shall be a rebuttable presumption that
16    awarding physical care to respondent would not be in the
17    minor child's best interest.
18        (6) Temporary allocation of parental responsibilities:
19    significant decision-making. Award temporary
20    decision-making responsibility to petitioner in accordance
21    with this Section, the Illinois Marriage and Dissolution of
22    Marriage Act, the Illinois Parentage Act of 2015, and this
23    State's Uniform Child-Custody Jurisdiction and Enforcement
24    Act.
25        If a court finds, after a hearing, that respondent has
26    committed abuse (as defined in Section 103) of a minor

 

 

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1    child, there shall be a rebuttable presumption that
2    awarding temporary significant decision-making
3    responsibility to respondent would not be in the child's
4    best interest.
5        (7) Parenting time. Determine the parenting time, if
6    any, of respondent in any case in which the court awards
7    physical care or allocates temporary significant
8    decision-making responsibility of a minor child to
9    petitioner. The court shall restrict or deny respondent's
10    parenting time with a minor child if the court finds that
11    respondent has done or is likely to do any of the
12    following: (i) abuse or endanger the minor child during
13    parenting time; (ii) use the parenting time as an
14    opportunity to abuse or harass petitioner or petitioner's
15    family or household members; (iii) improperly conceal or
16    detain the minor child; or (iv) otherwise act in a manner
17    that is not in the best interests of the minor child. The
18    court shall not be limited by the standards set forth in
19    Section 603.10 of the Illinois Marriage and Dissolution of
20    Marriage Act. If the court grants parenting time, the order
21    shall specify dates and times for the parenting time to
22    take place or other specific parameters or conditions that
23    are appropriate. No order for parenting time shall refer
24    merely to the term "reasonable parenting time".
25        Petitioner may deny respondent access to the minor
26    child if, when respondent arrives for parenting time,

 

 

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

 

 

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

 

 

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

 

 

HB4354- 299 -LRB100 16397 SLF 31525 b

1    child, or an order or agreement for physical care of a
2    child, prior to entry of an order allocating significant
3    decision-making responsibility. Such a support order shall
4    expire upon entry of a valid order allocating parental
5    responsibility differently and vacating the petitioner's
6    significant decision-making authority, unless otherwise
7    provided in the 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, neglect, or exploitation. Such losses shall
11    include, but not be limited to, medical expenses, lost
12    earnings or other support, repair or replacement of
13    property damaged or taken, reasonable attorney's fees,
14    court costs and moving or other travel expenses, including
15    additional reasonable expenses for temporary shelter and
16    restaurant meals.
17            (i) Losses affecting family needs. If a party is
18        entitled to seek maintenance, child support or
19        property distribution from the other party under the
20        Illinois Marriage and Dissolution of Marriage Act, as
21        now or hereafter amended, the court may order
22        respondent to reimburse petitioner's actual losses, to
23        the extent that such reimbursement would be
24        "appropriate temporary relief", as authorized by
25        subsection (a)(3) of Section 501 of that Act.
26            (ii) Recovery of expenses. In the case of an

 

 

HB4354- 300 -LRB100 16397 SLF 31525 b

1        improper concealment or removal of a minor child, the
2        court may order respondent to pay the reasonable
3        expenses incurred or to be incurred in the search for
4        and recovery of the minor child, including but not
5        limited to legal fees, court costs, private
6        investigator fees, and travel costs.
7        (14) Prohibition of entry. Prohibit the respondent
8    from entering or remaining in the residence or household
9    while the respondent is under the influence of alcohol or
10    drugs and constitutes a threat to the safety and well-being
11    of the petitioner or the petitioner's children.
12        (14.5) Prohibition of firearm possession.
13            (a) Prohibit a respondent against whom an order of
14        protection was issued from possessing any firearms
15        during the duration of the order if the order:
16                (1) was issued after a hearing of which such
17            person received actual notice, and at which such
18            person had an opportunity to participate;
19                (2) restrains such person from harassing,
20            stalking, or threatening an intimate partner of
21            such person or child of such intimate partner or
22            person, or engaging in other conduct that would
23            place an intimate partner in reasonable fear of
24            bodily injury to the partner or child; and
25                (3)(i) includes a finding that such person
26            represents a credible threat to the physical

 

 

HB4354- 301 -LRB100 16397 SLF 31525 b

1            safety of such intimate partner or child; or (ii)
2            by its terms explicitly prohibits the use,
3            attempted use, or threatened use of physical force
4            against such intimate partner or child that would
5            reasonably be expected to cause bodily injury.
6        Any Firearm Owner's Identification Card in the
7        possession of the respondent, except as provided in
8        subsection (b), shall be ordered by the court to be
9        turned over to the local law enforcement agency. The
10        local law enforcement agency shall immediately mail
11        the card to the Department of State Police Firearm
12        Owner's Identification Card Office for safekeeping.
13        The court shall issue a warrant for seizure of any
14        firearm in the possession of the respondent, to be kept
15        by the local law enforcement agency for safekeeping,
16        except as provided in subsection (b). The period of
17        safekeeping shall be for the duration of the order of
18        protection. The firearm or firearms and Firearm
19        Owner's Identification Card, if unexpired, shall at
20        the respondent's request, be returned to the
21        respondent at the end of the order of protection. It is
22        the respondent's responsibility to notify the
23        Department of State Police Firearm Owner's
24        Identification Card Office.
25            (b) If the respondent is a peace officer as defined
26        in Section 2-13 of the Criminal Code of 2012, the court

 

 

HB4354- 302 -LRB100 16397 SLF 31525 b

1        shall order that any firearms used by the respondent in
2        the performance of his or her duties as a peace officer
3        be surrendered to the chief law enforcement executive
4        of the agency in which the respondent is employed, who
5        shall retain the firearms for safekeeping for the
6        duration of the order of protection.
7            (c) Upon expiration of the period of safekeeping,
8        if the firearms or Firearm Owner's Identification Card
9        cannot be returned to respondent because respondent
10        cannot be located, fails to respond to requests to
11        retrieve the firearms, or is not lawfully eligible to
12        possess a firearm, upon petition from the local law
13        enforcement agency, the court may order the local law
14        enforcement agency to destroy the firearms, use the
15        firearms for training purposes, or for any other
16        application as deemed appropriate by the local law
17        enforcement agency; or that the firearms be turned over
18        to a third party who is lawfully eligible to possess
19        firearms, and who does not reside with respondent.
20        (15) Prohibition of access to records. If an order of
21    protection prohibits respondent from having contact with
22    the minor child, or if petitioner's address is omitted
23    under subsection (b) of Section 203, or if necessary to
24    prevent abuse or wrongful removal or concealment of a minor
25    child, the order shall deny respondent access to, and
26    prohibit respondent from inspecting, obtaining, or

 

 

HB4354- 303 -LRB100 16397 SLF 31525 b

1    attempting to inspect or obtain, school or any other
2    records of the minor child who is in the care of
3    petitioner.
4        (16) Order for payment of shelter services. Order
5    respondent to reimburse a shelter providing temporary
6    housing and counseling services to the petitioner for the
7    cost of the services, as certified by the shelter and
8    deemed reasonable by the court.
9        (17) Order for injunctive relief. Enter injunctive
10    relief necessary or appropriate to prevent further abuse of
11    a family or household member or further abuse, neglect, or
12    exploitation of a high-risk adult with disabilities or to
13    effectuate one of the granted remedies, if supported by the
14    balance of hardships. If the harm to be prevented by the
15    injunction is abuse or any other harm that one of the
16    remedies listed in paragraphs (1) through (16) of this
17    subsection is designed to prevent, no further evidence is
18    necessary that the harm is an irreparable injury.
19        (18) Telephone services.
20            (A) Unless a condition described in subparagraph
21        (B) of this paragraph exists, the court may, upon
22        request by the petitioner, order a wireless telephone
23        service provider to transfer to the petitioner the
24        right to continue to use a telephone number or numbers
25        indicated by the petitioner and the financial
26        responsibility associated with the number or numbers,

 

 

HB4354- 304 -LRB100 16397 SLF 31525 b

1        as set forth in subparagraph (C) of this paragraph. For
2        purposes of this paragraph (18), the term "wireless
3        telephone service provider" means a provider of
4        commercial mobile service as defined in 47 U.S.C. 332.
5        The petitioner may request the transfer of each
6        telephone number that the petitioner, or a minor child
7        in his or her custody, uses. The clerk of the court
8        shall serve the order on the wireless telephone service
9        provider's agent for service of process provided to the
10        Illinois Commerce Commission. The order shall contain
11        all of the following:
12                (i) The name and billing telephone number of
13            the account holder including the name of the
14            wireless telephone service provider that serves
15            the account.
16                (ii) Each telephone number that will be
17            transferred.
18                (iii) A statement that the provider transfers
19            to the petitioner all financial responsibility for
20            and right to the use of any telephone number
21            transferred under this paragraph.
22            (B) A wireless telephone service provider shall
23        terminate the respondent's use of, and shall transfer
24        to the petitioner use of, the telephone number or
25        numbers indicated in subparagraph (A) of this
26        paragraph unless it notifies the petitioner, within 72

 

 

HB4354- 305 -LRB100 16397 SLF 31525 b

1        hours after it receives the order, that one of the
2        following applies:
3                (i) The account holder named in the order has
4            terminated the account.
5                (ii) A difference in network technology would
6            prevent or impair the functionality of a device on
7            a network if the transfer occurs.
8                (iii) The transfer would cause a geographic or
9            other limitation on network or service provision
10            to the petitioner.
11                (iv) Another technological or operational
12            issue would prevent or impair the use of the
13            telephone number if the transfer occurs.
14            (C) The petitioner assumes all financial
15        responsibility for and right to the use of any
16        telephone number transferred under this paragraph. In
17        this paragraph, "financial responsibility" includes
18        monthly service costs and costs associated with any
19        mobile device associated with the number.
20            (D) A wireless telephone service provider may
21        apply to the petitioner its routine and customary
22        requirements for establishing an account or
23        transferring a number, including requiring the
24        petitioner to provide proof of identification,
25        financial information, and customer preferences.
26            (E) Except for willful or wanton misconduct, a

 

 

HB4354- 306 -LRB100 16397 SLF 31525 b

1        wireless telephone service provider is immune from
2        civil liability for its actions taken in compliance
3        with a court order issued under this paragraph.
4            (F) All wireless service providers that provide
5        services to residential customers shall provide to the
6        Illinois Commerce Commission the name and address of an
7        agent for service of orders entered under this
8        paragraph (18). Any change in status of the registered
9        agent must be reported to the Illinois Commerce
10        Commission within 30 days of such change.
11            (G) The Illinois Commerce Commission shall
12        maintain the list of registered agents for service for
13        each wireless telephone service provider on the
14        Commission's website. The Commission may consult with
15        wireless telephone service providers and the Circuit
16        Court Clerks on the manner in which this information is
17        provided and displayed.
18    (c) Relevant factors; findings.
19        (1) In determining whether to grant a specific remedy,
20    other than payment of support, the court shall consider
21    relevant factors, including but not limited to the
22    following:
23            (i) the nature, frequency, severity, pattern and
24        consequences of the respondent's past abuse, neglect
25        or exploitation of the petitioner or any family or
26        household member, including the concealment of his or

 

 

HB4354- 307 -LRB100 16397 SLF 31525 b

1        her location in order to evade service of process or
2        notice, and the likelihood of danger of future abuse,
3        neglect, or exploitation to petitioner or any member of
4        petitioner's or respondent's family or household; and
5            (ii) the danger that any minor child will be abused
6        or neglected or improperly relocated from the
7        jurisdiction, improperly concealed within the State or
8        improperly separated from the child's primary
9        caretaker.
10        (2) In comparing relative hardships resulting to the
11    parties from loss of possession of the family home, the
12    court shall consider relevant factors, including but not
13    limited to the following:
14            (i) availability, accessibility, cost, safety,
15        adequacy, location and other characteristics of
16        alternate housing for each party and any minor child or
17        dependent adult in the party's care;
18            (ii) the effect on the party's employment; and
19            (iii) the effect on the relationship of the party,
20        and any minor child or dependent adult in the party's
21        care, to family, school, church and community.
22        (3) Subject to the exceptions set forth in paragraph
23    (4) of this subsection, the court shall make its findings
24    in an official record or in writing, and shall at a minimum
25    set forth the following:
26            (i) That the court has considered the applicable

 

 

HB4354- 308 -LRB100 16397 SLF 31525 b

1        relevant factors described in paragraphs (1) and (2) of
2        this subsection.
3            (ii) Whether the conduct or actions of respondent,
4        unless prohibited, will likely cause irreparable harm
5        or continued abuse.
6            (iii) Whether it is necessary to grant the
7        requested relief in order to protect petitioner or
8        other alleged abused persons.
9        (4) For purposes of issuing an ex parte emergency order
10    of protection, the court, as an alternative to or as a
11    supplement to making the findings described in paragraphs
12    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
13    the following procedure:
14        When a verified petition for an emergency order of
15    protection in accordance with the requirements of Sections
16    203 and 217 is presented to the court, the court shall
17    examine petitioner on oath or affirmation. An emergency
18    order of protection shall be issued by the court if it
19    appears from the contents of the petition and the
20    examination of petitioner that the averments are
21    sufficient to indicate abuse by respondent and to support
22    the granting of relief under the issuance of the emergency
23    order of protection.
24        (5) Never married parties. No rights or
25    responsibilities for a minor child born outside of marriage
26    attach to a putative father until a father and child

 

 

HB4354- 309 -LRB100 16397 SLF 31525 b

1    relationship has been established under the Illinois
2    Parentage Act of 1984, the Illinois Parentage Act of 2015,
3    the Illinois Public Aid Code, Section 12 of the Vital
4    Records Act, the Juvenile Court Act of 1987, the Probate
5    Act of 1975 1985, the Revised Uniform Reciprocal
6    Enforcement of Support Act, the Uniform Interstate Family
7    Support Act, the Expedited Child Support Act of 1990, any
8    judicial, administrative, or other act of another state or
9    territory, any other Illinois statute, or by any foreign
10    nation establishing the father and child relationship, any
11    other proceeding substantially in conformity with the
12    Personal Responsibility and Work Opportunity
13    Reconciliation Act of 1996 (Pub. L. 104-193), or where both
14    parties appeared in open court or at an administrative
15    hearing acknowledging under oath or admitting by
16    affirmation the existence of a father and child
17    relationship. Absent such an adjudication, finding, or
18    acknowledgment acknowledgement, no putative father shall
19    be granted temporary allocation of parental
20    responsibilities, including parenting time with the minor
21    child, or physical care and possession of the minor child,
22    nor shall an order of payment for support of the minor
23    child be entered.
24    (d) Balance of hardships; findings. If the court finds that
25the balance of hardships does not support the granting of a
26remedy governed by paragraph (2), (3), (10), (11), or (16) of

 

 

HB4354- 310 -LRB100 16397 SLF 31525 b

1subsection (b) of this Section, which may require such
2balancing, the court's findings shall so indicate and shall
3include a finding as to whether granting the remedy will result
4in hardship to respondent that would substantially outweigh the
5hardship to petitioner from denial of the remedy. The findings
6shall be an official record or in writing.
7    (e) Denial of remedies. Denial of any remedy shall not be
8based, in whole or in part, on evidence that:
9        (1) Respondent has cause for any use of force, unless
10    that cause satisfies the standards for justifiable use of
11    force provided by Article 7 of the Criminal Code of 2012;
12        (2) Respondent was voluntarily intoxicated;
13        (3) Petitioner acted in self-defense or defense of
14    another, provided that, if petitioner utilized force, such
15    force was justifiable under Article 7 of the Criminal Code
16    of 2012;
17        (4) Petitioner did not act in self-defense or defense
18    of another;
19        (5) Petitioner left the residence or household to avoid
20    further abuse, neglect, or exploitation by respondent;
21        (6) Petitioner did not leave the residence or household
22    to avoid further abuse, neglect, or exploitation by
23    respondent;
24        (7) Conduct by any family or household member excused
25    the abuse, neglect, or exploitation by respondent, unless
26    that same conduct would have excused such abuse, neglect,

 

 

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1    or exploitation if the parties had not been family or
2    household members.
3(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
4eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
 
5    Section 115. The Revised Uniform Unclaimed Property Act is
6amended by changing Section 15-705 as follows:
 
7    (765 ILCS 1026/15-705)
8    Sec. 15-705. Exceptions to the sale of tangible property.
9The administrator shall dispose of tangible property
10identified by this Section in accordance with this Section.
11    (a) Military medals or decorations. The administrator may
12not sell a medal or decoration awarded for military service in
13the armed forces of the United States. Instead, the
14administrator, with the consent of the respective organization
15under paragraph (1), agency under paragraph (2), or entity
16under paragraph (3), may deliver a medal or decoration to be
17held in custody for the owner, to:
18        (1) a military veterans organization qualified under
19    Section 501(c)(19) of the Internal Revenue Code;
20        (2) the agency that awarded the medal or decoration; or
21        (3) a governmental entity.
22    After delivery, the administrator is not responsible for
23the safekeeping of the medal or decoration.
24    (b) Property with historical value. Property that the

 

 

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1administrator reasonably believes may have historical value
2may be, at his or her discretion, loaned to an accredited
3museum in the United States where it will be kept until such
4time as the administrator orders it to be returned to his or
5her custody.
6    (c) Human remains. If human remains are delivered to the
7administrator under this Act, the administrator shall deliver
8those human remains to the coroner of the county in which the
9human remains were abandoned for disposition under Section
103-3034 of the Counties Code. The only human remains that may be
11delivered to the administrator under this Act and that the
12administrator may receive are those that are reported and
13delivered as contents of a safe deposit box.
14    (d) Evidence in a criminal investigation. Property that may
15have been used in the commission of a crime or that may assist
16in the investigation of a crime, as determined after consulting
17with the Department of State Police, shall be delivered to the
18Department of State Police or other appropriate law enforcement
19authority to allow law enforcement to determine whether a
20criminal investigation should take place. Any such property
21delivered to a law enforcement authority shall be held in
22accordance with existing statutes and rules related to the
23gathering, retention, and release of evidence.
24    (e) Firearms.
25        (1) The administrator, in cooperation with the
26    Department of State Police, shall develop a procedure to

 

 

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1    determine whether a firearm delivered to the administrator
2    under this Act has been stolen or used in the commission of
3    a crime. The Department of State Police shall determine the
4    appropriate disposition of a firearm that has been stolen
5    or used in the commission of a crime. The administrator
6    shall attempt to return a firearm that has not been stolen
7    or used in the commission of a crime to the rightful owner
8    if the Department of State Police determines that the owner
9    may lawfully possess the firearm.
10        (2) If the administrator is unable to return a firearm
11    to its owner, the administrator shall transfer custody of
12    the firearm to the Department of State Police. Legal title
13    to a firearm transferred to the Department of State Police
14    under this subsection (e) is vested in the Department of
15    State Police by operation of law if:
16            (i) the administrator cannot locate the owner of
17        the firearm;
18            (ii) the owner of the firearm may not lawfully
19        possess the firearm;
20            (iii) the apparent owner does not respond to notice
21        published under Section 15-503 of this Act; or
22            (iv) the apparent owner responds to notice
23        published under Section 15-502 and states that he or
24        she no longer claims an interest in the firearm.
25        (3) With respect to a firearm whose title is
26    transferred to the Department of State Police under this

 

 

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1    subsection (e), the Department of State Police may:
2            (i) retain the firearm for use by the crime
3        laboratory system, for training purposes, or for any
4        other application as deemed appropriate by the
5        Department;
6            (ii) transfer the firearm to the Illinois State
7        Museum if the firearm has historical value; or
8            (iii) destroy the firearm if it is not retained
9        pursuant to subparagraph (i) or transferred pursuant
10        to subparagraph (ii).
11    As used in this subsection, "firearm" has the meaning
12provided in Section 2-7.5 of the Criminal Code of 2012 the
13Firearm Owners Identification Card Act.
14(Source: P.A. 100-22, eff. 1-1-18.)
 
15    Section 995. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 999. Effective date. This Act takes effect upon
23becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5    20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6    20 ILCS 2605/2605-595
7    20 ILCS 2605/2605-120 rep.
8    20 ILCS 2630/2.2
9    30 ILCS 105/6z-99
10    50 ILCS 710/1from Ch. 85, par. 515
11    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12    105 ILCS 5/10-27.1A
13    105 ILCS 5/34-8.05
14    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15    225 ILCS 447/35-30
16    225 ILCS 447/35-35
17    405 ILCS 5/6-103.1
18    405 ILCS 5/6-103.2
19    405 ILCS 5/6-103.3
20    410 ILCS 45/2from Ch. 111 1/2, par. 1302
21    430 ILCS 65/Act rep.
22    430 ILCS 66/25
23    430 ILCS 66/30
24    430 ILCS 66/40
25    430 ILCS 66/70

 

 

HB4354- 316 -LRB100 16397 SLF 31525 b

1    430 ILCS 66/80
2    430 ILCS 66/105
3    520 ILCS 5/3.2from Ch. 61, par. 3.2
4    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5    705 ILCS 105/27.3a
6    720 ILCS 5/2-7.1
7    720 ILCS 5/2-7.5
8    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9    720 ILCS 5/16-0.1
10    720 ILCS 5/17-30was 720 ILCS 5/16C-2
11    720 ILCS 5/24-1from Ch. 38, par. 24-1
12    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13    720 ILCS 5/24-1.6
14    720 ILCS 5/24-1.8
15    720 ILCS 5/24-2
16    720 ILCS 5/24-3from Ch. 38, par. 24-3
17    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
18    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
19    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
20    720 ILCS 5/24-3.5
21    720 ILCS 5/24-4.1
22    720 ILCS 5/24-4.5 new
23    720 ILCS 5/24-9
24    720 ILCS 646/10
25    725 ILCS 5/110-10from Ch. 38, par. 110-10
26    725 ILCS 5/112A-11.1

 

 

HB4354- 317 -LRB100 16397 SLF 31525 b

1    725 ILCS 5/112A-11.2
2    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
3    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
4    730 ILCS 5/5-5-3.2
5    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
6    740 ILCS 21/80
7    740 ILCS 110/12from Ch. 91 1/2, par. 812
8    750 ILCS 60/214from Ch. 40, par. 2312-14
9    765 ILCS 1026/15-705