Illinois General Assembly - Full Text of SB0474
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Full Text of SB0474  93rd General Assembly

SB0474 93rd General Assembly


093_SB0474

 
                                     LRB093 08118 RLC 08322 b

 1        AN ACT in relation to retired peace officers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois Police Training Act is amended
 5    by adding Section 10.3 as follows:

 6        (50 ILCS 705/10.3 new)
 7        Sec. 10.3. Retired  peace  officers  proficiency  course.
 8    The  Board  shall  provide  a  proficiency course for retired
 9    peace officers who seek an exemption  from  certain  unlawful
10    use  of  weapons  offenses as provided in paragraph (12.5) of
11    subsection (a) of Section 24-2 of the Criminal Code of  1961.
12    The  Board  shall  keep  records  of  those officers who have
13    qualified and shall issue an identification card to a retired
14    peace officer indicating successful completion of the course.
15    The Board is authorized to charge a fee for  the  course  and
16    the identification card.

17        Section  10.   The  Criminal  Code  of 1961 is amended by
18    changing Section 24-2 as follows:

19        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
20        Sec. 24-2.  Exemptions.
21        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
22    and  Section  24-1.6  do  not  apply  to or affect any of the
23    following:
24             (1)  Peace officers, and any person  summoned  by  a
25        peace  officer  to assist in making arrests or preserving
26        the peace,  while  actually  engaged  in  assisting  such
27        officer.
28             (2)  Wardens,   superintendents   and   keepers   of
29        prisons, penitentiaries, jails and other institutions for
 
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 1        the  detention  of  persons  accused  or  convicted of an
 2        offense, while in the performance of their official duty,
 3        or while commuting between  their  homes  and  places  of
 4        employment.
 5             (3)  Members of the Armed Services or Reserve Forces
 6        of  the  United  States or the Illinois National Guard or
 7        the  Reserve  Officers  Training  Corps,  while  in   the
 8        performance of their official duty.
 9             (4)  Special  agents  employed  by  a  railroad or a
10        public utility to perform police functions, and guards of
11        armored car companies,  while  actually  engaged  in  the
12        performance   of   the  duties  of  their  employment  or
13        commuting between their homes and places  of  employment;
14        and watchmen while actually engaged in the performance of
15        the duties of their employment.
16             (5)  Persons    licensed    as    private   security
17        contractors,  private  detectives,   or   private   alarm
18        contractors,  or  employed  by an agency certified by the
19        Department of Professional Regulation,  if  their  duties
20        include  the carrying of a weapon under the provisions of
21        the  Private  Detective,  Private  Alarm,   and   Private
22        Security  Act  of  1983,  while  actually  engaged in the
23        performance  of  the  duties  of  their   employment   or
24        commuting  between  their homes and places of employment,
25        provided that such commuting is accomplished  within  one
26        hour  from departure from home or place of employment, as
27        the case may be.  Persons exempted under this subdivision
28        (a)(5) shall be required to have completed  a  course  of
29        study  in  firearms  handling  and  training approved and
30        supervised by the Department of  Professional  Regulation
31        as  prescribed  by  Section  28 of the Private Detective,
32        Private Alarm, and Private Security Act of 1983, prior to
33        becoming eligible for this exemption.  The Department  of
34        Professional    Regulation    shall    provide   suitable
 
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 1        documentation demonstrating the successful completion  of
 2        the  prescribed  firearms  training.   Such documentation
 3        shall be carried at all times when such  persons  are  in
 4        possession of a concealable weapon.
 5             (6)  Any  person  regularly employed in a commercial
 6        or industrial operation  as  a  security  guard  for  the
 7        protection  of  persons  employed  and  private  property
 8        related to such commercial or industrial operation, while
 9        actually engaged in the performance of his or her duty or
10        traveling  between  sites  or properties belonging to the
11        employer, and who, as a security guard, is a member of  a
12        security  force of at least 5 persons registered with the
13        Department of Professional Regulation; provided that such
14        security guard has successfully  completed  a  course  of
15        study,  approved  by  and supervised by the Department of
16        Professional Regulation, consisting of not less  than  40
17        hours  of  training  that  includes  the  theory  of  law
18        enforcement,  liability  for  acts,  and  the handling of
19        weapons.  A person shall be considered eligible for  this
20        exemption  if  he  or  she  has completed the required 20
21        hours of training for a security officer and 20 hours  of
22        required  firearm training, and has been issued a firearm
23        authorization card  by  the  Department  of  Professional
24        Regulation.    Conditions  for  the  renewal  of  firearm
25        authorization cards issued under the provisions  of  this
26        Section shall be the same as for those cards issued under
27        the  provisions  of  the Private Detective, Private Alarm
28        and  Private  Security  Act  of   1983.    Such   firearm
29        authorization card shall be carried by the security guard
30        at  all  times  when  he  or  she  is  in possession of a
31        concealable weapon.
32             (7)  Agents  and  investigators  of   the   Illinois
33        Legislative  Investigating  Commission  authorized by the
34        Commission to carry the weapons specified in  subsections
 
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 1        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 2        any investigation for the Commission.
 3             (8)  Persons employed by a financial institution for
 4        the protection of other employees and property related to
 5        such financial institution, while actually engaged in the
 6        performance  of  their  duties,  commuting  between their
 7        homes and places  of  employment,  or  traveling  between
 8        sites  or  properties owned or operated by such financial
 9        institution, provided that any  person  so  employed  has
10        successfully completed a course of study, approved by and
11        supervised  by the Department of Professional Regulation,
12        consisting of not less than 40 hours  of  training  which
13        includes  theory  of law enforcement, liability for acts,
14        and the handling of weapons. A person shall be considered
15        to be eligible for  this  exemption  if  he  or  she  has
16        completed  the  required  20  hours  of  training  for  a
17        security   officer  and  20  hours  of  required  firearm
18        training, and has been  issued  a  firearm  authorization
19        card   by  the  Department  of  Professional  Regulation.
20        Conditions for renewal  of  firearm  authorization  cards
21        issued  under the provisions of this Section shall be the
22        same as for those issued  under  the  provisions  of  the
23        Private Detective, Private Alarm and Private Security Act
24        of  1983.   Such  firearm  authorization  card  shall  be
25        carried  by  the person so trained at all times when such
26        person is in possession of  a  concealable  weapon.   For
27        purposes  of  this  subsection,  "financial  institution"
28        means  a bank, savings and loan association, credit union
29        or company providing armored car services.
30             (9)  Any person employed by an armored  car  company
31        to  drive  an  armored car, while actually engaged in the
32        performance of his duties.
33             (10)  Persons who  have  been  classified  as  peace
34        officers pursuant to the Peace Officer Fire Investigation
 
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 1        Act.
 2             (11)  Investigators  of  the  Office  of the State's
 3        Attorneys Appellate Prosecutor authorized by the board of
 4        governors  of  the  Office  of  the   State's   Attorneys
 5        Appellate Prosecutor to carry weapons pursuant to Section
 6        7.06 of the State's Attorneys Appellate Prosecutor's Act.
 7             (12)  Special  investigators  appointed by a State's
 8        Attorney under Section 3-9005 of the Counties Code.
 9             (12.5)  Retired  Illinois  peace  officers  in  good
10        standing.  A person exempted under this  paragraph  shall
11        be  required  to pass an authorized proficiency test with
12        his or her weapon once  a  year.   The  proficiency  test
13        shall  include but not be limited to weapons handling and
14        a current  qualification  course  of  firearms  use.  The
15        Illinois  Law  Enforcement  Training  Standards  Board as
16        provided in Section 10.3 of the Illinois Police  Training
17        Act  shall  provide for the authorized proficiency course
18        and keep records of those officers who have qualified and
19        issue an identification card to a retired  peace  officer
20        indicating  successful  completion  that the officer must
21        keep in his or her possession. The authorized proficiency
22        test shall be solely for the purpose of assuring that the
23        retired officer possesses adequate skill in the  use  and
24        handling   of   weapons.    Neither   the   Illinois  Law
25        Enforcement Training Standards  Board,  nor  the  retired
26        officer's  former  police agency, shall be liable for any
27        actions taken by the retired officer with a weapon.   The
28        Illinois  Law  Enforcement Training Standards Board shall
29        not be liable for providing training or  for  failing  to
30        train  the retired officer.  The Illinois Law Enforcement
31        Training Standards Board shall be authorized to charge  a
32        fee  to  cover  the  expenses  for testing and keeping of
33        records.
34             For the purpose of this  paragraph  the  term  "good
 
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 1        standing"  shall  be  defined as full-time service either
 2        with  one  police  department  located  in  Illinois   or
 3        collectively  with  several police departments located in
 4        Illinois, so long as the total full-time  service  equals
 5        at  least  20  years and the officer left the last police
 6        department in good standing.
 7             Prima  facie  evidence  of  entitlement   shall   be
 8        possession  of a picture identification card showing that
 9        he or she is a retired Illinois peace  officer,  a  valid
10        Firearm    Owner's    Identification    Card,   and   the
11        identification card showing successful qualification with
12        the firearm within the last  year.    The  identification
13        card  shall  be displayed to any Illinois law enforcement
14        officer upon request.  Any retired officer that no longer
15        qualifies  to  possess  an   Illinois   Firearm   Owner's
16        Identification Card shall lose good standing status.
17             (13)  Court   Security   Officers   while   in   the
18        performance  of their official duties, or while commuting
19        between their homes and places of  employment,  with  the
20        consent of the Sheriff.
21             (13.5)  A person employed as an armed security guard
22        at a nuclear energy, storage, weapons or development site
23        or   facility   regulated   by   the  Nuclear  Regulatory
24        Commission who has completed the background screening and
25        training mandated by the rules  and  regulations  of  the
26        Nuclear Regulatory Commission.
27             (14)  Manufacture,   transportation,   or   sale  of
28        weapons to  persons  authorized  under  subdivisions  (1)
29        through  (13.5)  of  this  subsection  to  possess  those
30        weapons.
31        (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
32    24-1.6 do not apply to or affect any of the following:
33             (1)  Members of any club or  organization  organized
34        for  the  purpose  of practicing shooting at targets upon
 
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 1        established target ranges, whether public or private, and
 2        patrons of such ranges, while such members or patrons are
 3        using their firearms on those target ranges.
 4             (2)  Duly authorized military or civil organizations
 5        while  parading,  with  the  special  permission  of  the
 6        Governor.
 7             (3)  Hunters, trappers or fishermen with  a  license
 8        or permit while engaged in hunting, trapping or fishing.
 9             (4)  Transportation  of weapons that are broken down
10        in  a  non-functioning  state  or  are  not   immediately
11        accessible.
12        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
13    any of the following:
14             (1)  Peace officers while in  performance  of  their
15        official duties.
16             (2)  Wardens,   superintendents   and   keepers   of
17        prisons, penitentiaries, jails and other institutions for
18        the  detention  of  persons  accused  or  convicted of an
19        offense.
20             (3)  Members of the Armed Services or Reserve Forces
21        of the United States  or  the  Illinois  National  Guard,
22        while in the performance of their official duty.
23             (4)  Manufacture, transportation, or sale of machine
24        guns to persons authorized under subdivisions (1) through
25        (3)  of  this  subsection to possess machine guns, if the
26        machine guns are broken down in a  non-functioning  state
27        or are not immediately accessible.
28             (5)  Persons   licensed   under   federal   law   to
29        manufacture  any  weapon  from  which  8 or more shots or
30        bullets can be discharged by a  single  function  of  the
31        firing  device,  or  ammunition  for  such  weapons,  and
32        actually  engaged  in  the business of manufacturing such
33        weapons  or  ammunition,  but  only   with   respect   to
34        activities  which  are  within  the  lawful scope of such
 
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 1        business, such as  the  manufacture,  transportation,  or
 2        testing  of  such  weapons or ammunition.  This exemption
 3        does not authorize the general private possession of  any
 4        weapon  from  which  8  or  more  shots or bullets can be
 5        discharged by a single function of the firing device, but
 6        only such possession and activities  as  are  within  the
 7        lawful   scope   of  a  licensed  manufacturing  business
 8        described in this paragraph.
 9             During transportation, such weapons shall be  broken
10        down  in  a  non-functioning  state  or  not  immediately
11        accessible.
12             (6)  The  manufacture, transport, testing, delivery,
13        transfer  or  sale,  and   all   lawful   commercial   or
14        experimental  activities  necessary  thereto,  of rifles,
15        shotguns, and weapons made from rifles  or  shotguns,  or
16        ammunition  for  such  rifles, shotguns or weapons, where
17        engaged in by a  person  operating  as  a  contractor  or
18        subcontractor  pursuant  to a contract or subcontract for
19        the development and  supply  of  such  rifles,  shotguns,
20        weapons  or ammunition to the United States government or
21        any branch of the Armed Forces of the United States, when
22        such activities are necessary and incident to  fulfilling
23        the terms of such contract.
24             The  exemption granted under this subdivision (c)(6)
25        shall also apply to any  authorized  agent  of  any  such
26        contractor  or  subcontractor who is operating within the
27        scope of his employment, where such activities  involving
28        such  weapon,  weapons  or  ammunition  are necessary and
29        incident to fulfilling the terms of such contract.
30             During transportation,  any  such  weapon  shall  be
31        broken   down   in   a   non-functioning  state,  or  not
32        immediately accessible.
33        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
34    purchase,   possession   or   carrying  of  a  black-jack  or
 
                            -9-      LRB093 08118 RLC 08322 b
 1    slung-shot by a peace officer.
 2        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
 3    manager or authorized employee of any place specified in that
 4    subsection nor to any law enforcement officer.
 5        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
 6    Section  24-1.6  do  not  apply  to  members  of  any club or
 7    organization organized for the purpose of practicing shooting
 8    at targets upon established target ranges, whether public  or
 9    private, while using their firearms on those target ranges.
10        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
11    apply to:
12             (1)  Members of the Armed Services or Reserve Forces
13        of  the  United  States  or  the Illinois National Guard,
14        while in the performance of their official duty.
15             (2)  Bonafide  collectors  of  antique  or   surplus
16        military ordinance.
17             (3)  Laboratories  having  a  department of forensic
18        ballistics,  or  specializing  in  the   development   of
19        ammunition or explosive ordinance.
20             (4)  Commerce,  preparation,  assembly or possession
21        of  explosive  bullets  by  manufacturers  of  ammunition
22        licensed by the federal government,  in  connection  with
23        the supply of those organizations and persons exempted by
24        subdivision (g)(1) of this Section, or like organizations
25        and  persons outside this State, or the transportation of
26        explosive bullets to any organization or person  exempted
27        in this Section by a common carrier or by a vehicle owned
28        or leased by an exempted manufacturer.
29        (h)  An  information or indictment based upon a violation
30    of any subsection of  this  Article  need  not  negative  any
31    exemptions  contained  in  this Article.  The defendant shall
32    have the burden of proving such an exemption.
33        (i)  Nothing in this Article shall prohibit, apply to, or
34    affect the transportation, carrying, or  possession,  of  any
 
                            -10-     LRB093 08118 RLC 08322 b
 1    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
 2    consigned  to a common carrier operating under license of the
 3    State of Illinois  or  the  federal  government,  where  such
 4    transportation,  carrying,  or  possession is incident to the
 5    lawful  transportation  in  which  such  common  carrier   is
 6    engaged;  and  nothing  in this Article shall prohibit, apply
 7    to, or affect the transportation, carrying, or possession  of
 8    any  pistol, revolver, stun gun, taser, or other firearm, not
 9    the subject of and  regulated  by  subsection  24-1(a)(7)  or
10    subsection  24-2(c)  of  this  Article, which is unloaded and
11    enclosed in a case, firearm carrying box,  shipping  box,  or
12    other  container,  by the possessor of a valid Firearm Owners
13    Identification Card.
14    (Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
15    92-325, eff. 8-9-01.)