Full Text of SB2580 100th General Assembly
SB2580ham001 100TH GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 5/17/2018
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| 1 | | AMENDMENT TO SENATE BILL 2580
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2580 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. Gun Violence Restraining Order Act.
| 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Gun Violence Restraining Order Act, and references in this | 7 | | Article to "this Act" mean this Article. | 8 | | Section 1-5. Legislative findings.
The General Assembly | 9 | | finds as a matter of legislative determination that to protect | 10 | | the safety and welfare of the public it is necessary to provide | 11 | | a system of identifying and disarming persons who pose a danger | 12 | | of imminent personal injury to themselves or others.
| 13 | | Section 1-10. Definitions.
In this Act:
| 14 | | "Danger" means reasonably likely to cause death or serious |
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| 1 | | bodily injury. | 2 | | "Firearm" has the same meaning ascribed to the term in | 3 | | Section 1.1 of the Firearm Owners Identification Card Act.
| 4 | | "Firearm ammunition" has the same meaning ascribed to the | 5 | | term in Section 1.1 of the Firearm Owners Identification Card | 6 | | Act.
| 7 | | "Immediate family member" means a spouse, child, sibling, | 8 | | parent, grandparent, or grandchild, and includes a | 9 | | step-parent, step-child, step-sibling, or adoptive or foster | 10 | | relationship, or any other person who regularly resides in the | 11 | | same household.
| 12 | | Section 1-15. Emergency gun violence restraining order.
| 13 | | (a) Upon written complaint for an emergency gun violence | 14 | | restraining order filed by a State's Attorney, assistant | 15 | | State's Attorney, law enforcement officer, or immediate family | 16 | | member supported by evidence submitted under oath or | 17 | | affirmation, subject to the penalties for perjury, and stating | 18 | | facts sufficient to show probable cause to believe that:
| 19 | | (1) the identified person poses an imminent danger of | 20 | | causing death or serious bodily injury to himself, herself, | 21 | | or any other person; | 22 | | (2) the person possesses or has ready access to one or | 23 | | more firearms; and
| 24 | | (3) less restrictive alternatives either have been | 25 | | tried and found to be ineffective or would be inadequate or |
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| 1 | | inappropriate under the circumstances, | 2 | | any judge in the jurisdiction in which the person who is the | 3 | | subject of the complaint resides or is currently located may | 4 | | issue an emergency gun violence restraining order prohibiting | 5 | | the subject of the complaint from possessing, controlling, | 6 | | purchasing, receiving, or attempting to possess, control, | 7 | | purchase, or receive a firearm or firearm ammunition.
| 8 | | (a-5) Upon a finding by the court supported by a | 9 | | preponderance of the evidence that a complaint for an emergency | 10 | | gun violence restraining order is frivolous and filed for a | 11 | | vexatious reason, the court shall order the complaining party | 12 | | to pay any attorney's fees and court costs incurred by the | 13 | | person who is the subject of the complaint and to pay a civil | 14 | | penalty of at least $500 and up to $1000, to be paid in that | 15 | | order of priority.
| 16 | | (b) In all cases in which a complaint seeking an emergency | 17 | | gun violence restraining order pursuant to subsection (a) of | 18 | | this Section is filed by a person other than a State's Attorney | 19 | | or assistant State's Attorney, the judge receiving the | 20 | | complaint shall promptly notify the appropriate State's | 21 | | Attorney's office of the filing of the complaint and provide | 22 | | the State's Attorney or his or her representative an | 23 | | opportunity to be heard on the matter before issuing the | 24 | | requested order, provided such opportunity to be heard causes | 25 | | no material delay.
| 26 | | (c) The court issuing an emergency gun violence restraining |
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| 1 | | order under subsection (a) of this Section may order redaction | 2 | | of the name and any other personal identifying information of | 3 | | any affiant or witness other than a law enforcement officer or | 4 | | prosecutor in any copies of the complaint, order, or any | 5 | | related documents, provided that the unredacted original shall | 6 | | be maintained in an official court file that may be ordered | 7 | | sealed until further order of the court.
| 8 | | Section 1-20. Consideration of factors.
| 9 | | (a) In determining whether grounds exist to issue an | 10 | | emergency gun violence restraining order, the judge may | 11 | | consider, but is not limited to, evidence of:
| 12 | | (1) recent threats, acts, or attempted acts of violence | 13 | | by the person against himself, herself, or another person | 14 | | or persons;
| 15 | | (2) a history of threats, acts, or attempted acts of | 16 | | violence by the person against himself, herself, or another | 17 | | person or persons;
| 18 | | (3) recent acts of cruelty to animals as described in | 19 | | Section 3.01 of the Humane Care for Animals Act;
| 20 | | (4) social media posts or any other statements or | 21 | | actions by such person evidencing an intent or propensity | 22 | | to commit an act of violence resulting in personal injury | 23 | | to himself, herself, or any other person;
| 24 | | (5) any previous determination that the person poses a | 25 | | clear and present danger under subsection (d) of Section |
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| 1 | | 8.1 of the Firearm Owners Identification Card Act and | 2 | | related administrative rules;
| 3 | | (6) failure to take medications prescribed to control a | 4 | | mental illness otherwise likely to result or has previously | 5 | | resulted in violent behavior;
| 6 | | (7) any disqualifying factor for eligibility for a | 7 | | Firearm Owner's Identification Card under the Firearm | 8 | | Owners Identification Card Act; | 9 | | (8) the illegal use of controlled substances or | 10 | | excessive use of alcohol by the person; and
| 11 | | (9) any available evidence the person does not pose an | 12 | | imminent danger of causing death or serious bodily injury | 13 | | to himself, herself, or any other person.
| 14 | | (b) In considering the weight to be given to these and any | 15 | | other relevant factors, the judge shall consider the evidence | 16 | | as a whole.
| 17 | | (c) Any emergency gun violence restraining order issued | 18 | | shall expire no later than 14 days from the date the order is | 19 | | issued. The order shall state the date and time the order was | 20 | | entered and shall expire. The order shall also contain the | 21 | | following statement: | 22 | | "Based on credible evidence presented to the Court, the | 23 | | Court finds: (1) there is probable cause to believe that | 24 | | the person identified above poses an imminent danger of | 25 | | causing death or serious bodily injury to himself, herself, | 26 | | or another person or persons; (2) the person identified |
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| 1 | | above possesses or has ready access to one or more | 2 | | firearms; and (3) less restrictive alternatives to | 3 | | entering this order either have been tried and found to be | 4 | | ineffective or would be inadequate or inappropriate under | 5 | | the circumstances. Based on those findings, the Court | 6 | | orders that the person identified above shall immediately | 7 | | surrender to the law enforcement officer or officers | 8 | | serving upon him or her a copy of this order all firearms | 9 | | and firearm ammunition he or she possesses, controls, or to | 10 | | which he or she has ready access. Further, the person | 11 | | identified above is prohibited from possessing, | 12 | | controlling, purchasing, receiving, or attempting to | 13 | | possess, control, purchase, or receive a firearm or firearm | 14 | | ammunition while this order is in effect. An evidentiary | 15 | | hearing shall be held within 14 days on the date and at the | 16 | | time and place stated below to determine whether this | 17 | | temporary emergency order should be made permanent for a | 18 | | period up to 6 months. At the hearing, the person | 19 | | identified above shall have the right to appear, present | 20 | | evidence, testify on his or her own behalf if he or she | 21 | | chooses to do so, make arguments to the court, and be | 22 | | represented by an attorney retained at his or her own | 23 | | expense." | 24 | | The order shall also state the date, time, and place of the | 25 | | hearing.
| 26 | | (d) A copy of any emergency gun violence restraining order |
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| 1 | | entered shall be served on the subject of the complaint by one | 2 | | or more law enforcement officers as soon as reasonably possible | 3 | | after being entered. The officer or officers shall immediately | 4 | | take custody of all firearms and firearm ammunition surrendered | 5 | | by the subject of the complaint or in a location to which the | 6 | | officer or officers have or gain lawful access, which shall be | 7 | | maintained in the custody of the sheriff or law enforcement | 8 | | agency where the person resides or is found or the items are | 9 | | surrendered until further order of the court.
| 10 | | (e) If no further action is taken by the court by the date | 11 | | and time the order expires and if the person who is the subject | 12 | | of the order is lawfully entitled to possess a firearm, then | 13 | | any firearm or other items surrendered, seized, or transferred | 14 | | under the emergency gun violence restraining order shall be | 15 | | promptly returned to the person or transferred to an authorized | 16 | | representative lawfully entitled to possess them.
| 17 | | Section 1-25. Gun violence prevention search warrant.
| 18 | | (a) In any case in which a judge issues an emergency gun | 19 | | violence restraining order or gun violence restraining order, | 20 | | upon written application filed by a State's Attorney, assistant | 21 | | State's Attorney, or law enforcement officer supported by | 22 | | evidence submitted under oath or affirmation stating facts | 23 | | sufficient to show probable cause to believe that certifying | 24 | | that the applicant has conducted an independent investigation | 25 | | and determined that no reasonably available alternative will |
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| 1 | | prevent such person from causing death or serious bodily injury | 2 | | to himself, herself, or another person with a firearm or | 3 | | firearms, any judge with jurisdiction where the items are | 4 | | located may issue a search warrant for seizure of the firearm | 5 | | or firearms.
| 6 | | (b) An application for a gun violence prevention search | 7 | | warrant may incorporate by reference any previous complaint or | 8 | | other evidence submitted in the matter and the judge may take | 9 | | judicial notice of any evidence presented to the court and any | 10 | | judicial findings entered in any prior proceedings relating to | 11 | | the matter.
| 12 | | (c) Unless otherwise provided in this Act, the procedures | 13 | | for issuance and execution of a gun violence prevention search | 14 | | warrant shall conform to applicable provisions of Article 108 | 15 | | of the Code of Criminal Procedure of 1963.
| 16 | | (d) In determining whether grounds exist to issue a gun | 17 | | violence prevention search warrant, the judge may consider, but | 18 | | is not limited to, the factors described in Section 1-20 of | 19 | | this Act.
| 20 | | Section 1-30. Hearing; gun violence restraining order; and | 21 | | disposition of firearms.
| 22 | | (a) No later than 14 days after issuance of an emergency | 23 | | gun violence restraining order issued under Section 1-15 of | 24 | | this Act, a court with jurisdiction where the subject of the | 25 | | order resides or is found shall hold an evidentiary hearing to |
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| 1 | | determine whether a gun violence restraining order should be | 2 | | entered. At the hearing, the petitioner, or the State's | 3 | | Attorney if the petitioner was a law enforcement officer, shall | 4 | | have the burden of proving all material facts by clear and | 5 | | convincing evidence. At the hearing, the person who is the | 6 | | subject of the emergency gun violence restraining order shall | 7 | | have the right to appear, present evidence, testify on his or | 8 | | her own behalf if he or she chooses to do so or remain silent, | 9 | | make arguments to the court, and be represented by an attorney | 10 | | retained at his or her own expense.
| 11 | | (a-5) The hearing may be continued for up to 30 days at the | 12 | | request of the person who is the subject of the emergency gun | 13 | | violence restraining order. If the person who is the subject of | 14 | | the emergency gun violence restraining order fails to appear | 15 | | after being served with a copy of the emergency gun violence | 16 | | restraining order or after reasonable efforts to serve such | 17 | | order have failed, the evidentiary hearing may proceed in his | 18 | | or her absence.
| 19 | | (b) In determining whether grounds exist to issue a gun | 20 | | violence restraining order, the judge may consider, but is not | 21 | | limited to, the factors described in Section 1-20 of this Act.
| 22 | | (c) If, after a hearing held pursuant to subsection (a) of | 23 | | this Section, the judge finds by clear and convincing evidence | 24 | | that:
| 25 | | (1) the subject of the emergency gun violence | 26 | | restraining order poses an imminent danger of causing death |
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| 1 | | or serious bodily injury to himself, herself, or any other | 2 | | person; | 3 | | (2) the person possesses or has ready access to one or | 4 | | more firearms; and
| 5 | | (3) less restrictive alternatives either have been | 6 | | tried and found to be ineffective or would be inadequate or | 7 | | inappropriate under the circumstances,
the judge shall | 8 | | enter a gun violence restraining order containing the same | 9 | | prohibitions described in Section 1-15 of this Act and | 10 | | ordering that any firearm and firearm ammunition | 11 | | surrendered or seized under the emergency gun violence | 12 | | restraining order or gun violence prevention search | 13 | | warrant issued under this Act shall continue to be held for | 14 | | safekeeping by a designated law enforcement agency for a | 15 | | period not to exceed 6 months. Otherwise, the judge shall | 16 | | order that the surrendered or seized firearm and firearm | 17 | | ammunition be returned to the subject of the emergency | 18 | | order.
| 19 | | (c-5) All firearms and firearm ammunition surrendered or | 20 | | seized under this Act shall be maintained by the law | 21 | | enforcement agency having custody of the items in a location | 22 | | and such manner that when returned or transferred to their | 23 | | owner they shall be in the same physical and operating | 24 | | condition as when surrendered or seized.
| 25 | | (d) Any person whose firearm or firearm ammunition have | 26 | | been surrendered or ordered seized pursuant to this Act, or the |
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| 1 | | person's legal representative, may transfer ownership or | 2 | | possession of the items in accordance with the provisions of | 3 | | subsection (a) of Section 9.5 of the Firearm Owners | 4 | | Identification Card Act, or other applicable State or federal | 5 | | law, to any person eligible to possess a firearm under the | 6 | | Firearm Owners Identification Card Act, subject to an order by | 7 | | the court and agreement of the person receiving the items that | 8 | | they shall be maintained in a secure manner inaccessible to the | 9 | | subject of an emergency gun violence restraining order or gun | 10 | | violence restraining order while any such order is in effect.
| 11 | | (e) If the judge at any time determines that a firearm or | 12 | | other item surrendered or seized under an emergency gun | 13 | | violence restraining order, gun violence restraining order, or | 14 | | search warrant is owned by another person who is lawfully | 15 | | eligible to possess a firearm, the judge may order the law | 16 | | enforcement agency having custody of the firearm or item to | 17 | | deliver the firearm or item to the owner, subject to an order | 18 | | by the court and agreement of the person receiving the items | 19 | | that they shall be maintained in a secure manner inaccessible | 20 | | to the subject of an emergency gun violence restraining order | 21 | | or gun violence restraining order while any such order is in | 22 | | effect.
| 23 | | (f) At any time after a court orders a law enforcement | 24 | | agency to retain a person's firearm or firearm ammunition under | 25 | | this Act, the person may petition the court for return of the | 26 | | item. Upon receipt of the petition the court shall enter an |
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| 1 | | order setting a date for a hearing on the petition and inform | 2 | | the person and State's Attorney of the date, time, and location | 3 | | of the hearing. In a hearing on a petition under this | 4 | | subsection (f), the person whose firearm or firearm ammunition | 5 | | has been surrendered or seized may be represented by an | 6 | | attorney retained at his or her own expense; and shall have the | 7 | | burden of proving by a preponderance of the evidence that the | 8 | | person does not pose an imminent danger of causing serious | 9 | | bodily injury to himself, herself, or any other person. | 10 | | (g) If, after a hearing held under subsection (f) of this | 11 | | Section, the judge finds that the person who is the subject of | 12 | | the complaint does not pose an imminent danger of serious | 13 | | bodily injury to himself, herself, or any other person and that | 14 | | the person is otherwise eligible to lawfully possess a firearm | 15 | | under the Firearm Owners Identification Card Act, the judge | 16 | | shall order the law enforcement agency having custody of the | 17 | | firearm or firearm ammunition to promptly return the item to | 18 | | the person or authorized representative. The court shall direct | 19 | | the Department of State Police to return and reinstate the | 20 | | person's Firearm Owner's Identification Card if not otherwise | 21 | | expired, suspended, or revoked. If the judge denies the | 22 | | person's petition, the judge shall order that the firearm or | 23 | | firearm ammunition surrendered or seized under this Act | 24 | | continue to be held by the sheriff or law enforcement agency | 25 | | having custody of them for a period not to exceed six months | 26 | | from the date of denial of the petition, and the person may not |
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| 1 | | file a subsequent petition until at least 90 days after the | 2 | | date on which the petition was denied.
| 3 | | (h) Upon expiration of the last order directing a law | 4 | | enforcement agency to retain a person's firearm or firearm | 5 | | ammunition under this Act, and upon request by the person who | 6 | | surrendered the items or from whom the items were seized, the | 7 | | law enforcement agency with custody of the items shall release | 8 | | the items to the person if the person is otherwise eligible to | 9 | | lawfully possess a firearm to lawfully possess a firearm under | 10 | | the Firearm Owners Identification Card Act. If the person fails | 11 | | to request return of the firearm or firearm ammunition and is | 12 | | ineligible to lawfully possess a firearm and fails to transfer | 13 | | the firearm or other item to another person pursuant to | 14 | | subsection (d) of this Section, the law enforcement agency | 15 | | shall continue to retain the firearm or other item until entry | 16 | | of a court order under subsection (i) of this Section.
| 17 | | (i) If, after 5 years from the expiration of the last order | 18 | | directing a law enforcement agency to retain a person's firearm | 19 | | or firearm ammunition under this Act, a firearm or firearm | 20 | | ammunition continues to be held by a law enforcement agency | 21 | | under the order and the person who is the subject of the order | 22 | | fails to request return of the item or is ineligible to | 23 | | lawfully possess a firearm and fails to transfer the firearm or | 24 | | other item to another person pursuant to subsection (d) of this | 25 | | Section, the court, after giving notice to the parties and | 26 | | conducting a hearing, may order the law enforcement agency |
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| 1 | | having custody of the firearm or other item to dispose of the | 2 | | firearm or other item in whatever manner the court deems | 3 | | appropriate.
| 4 | | Section 1-35. Suspension of Firearm Owner's Identification | 5 | | Card and concealed carry license. | 6 | | (a) Upon issuance of an emergency gun violence restraining | 7 | | order under subsection (a) of Section 1-15 of this Act, the | 8 | | court shall immediately notify the Department of State Police. | 9 | | The local law enforcement agency, upon direction of the court, | 10 | | shall immediately mail the person's Firearm Owner's | 11 | | Identification Card and any concealed carry license to the | 12 | | Department of State Police Firearm Owners Identification Card | 13 | | Office for safekeeping. Upon receipt of the notice, the | 14 | | Department of State Police shall immediately suspend any | 15 | | Firearm Owner's Identification Card and Concealed Carry | 16 | | License of the person who is the subject of the order, pending | 17 | | the outcome of a hearing held pursuant to Section 1-30 of this | 18 | | Act. If, after the hearing, the court fails to issue a gun | 19 | | violence restraining order, the court shall immediately notify | 20 | | the Department of State Police. Upon receipt of the notice, the | 21 | | Department of State Police shall immediately reinstate and | 22 | | return the person's Firearm Owner's Identification Card and any | 23 | | concealed carry license at no cost to the person.
| 24 | | (b) Upon entry of a gun violence restraining order pursuant | 25 | | to Section 1-30 of this Act, the court shall immediately notify |
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| 1 | | the Department of State Police. Upon receipt of such notice, | 2 | | the Illinois State Police shall immediately suspend any Firearm | 3 | | Owner's Identification Card and concealed carry license of the | 4 | | person who is the subject of the order for the duration of the | 5 | | order.
| 6 | | Section 1-40. Military and police firearms and personnel.
| 7 | | (a) Notwithstanding any other provision of this Act, this | 8 | | Act shall not be construed or applied to restrict the Illinois | 9 | | National Guard or Armed Forces of the United States from | 10 | | issuing firearms to its personnel. Any firearm or firearm | 11 | | ammunition surrendered or seized under this Act issued by or | 12 | | otherwise constituting property of the Illinois National Guard | 13 | | or Armed Forces of the United States shall be promptly | 14 | | delivered to the Illinois National Guard or appropriate branch | 15 | | of the Armed Forces of the United States to be retained and | 16 | | used in whatever manner that entity deems appropriate. Notice | 17 | | of any order entered under this Act relating to a member of the | 18 | | Illinois National Guard or Armed Forces of the United States | 19 | | shall be promptly provided to the Illinois National Guard or | 20 | | appropriate branch of the Armed Forces of the United States.
| 21 | | (b) Any firearms or firearm ammunition surrendered or | 22 | | seized under this act issued by or otherwise constituting | 23 | | property of a law enforcement agency shall be promptly | 24 | | delivered to the law enforcement agency to be retained and used | 25 | | in whatever manner the agency deems appropriate, except that no |
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| 1 | | such firearm or firearm ammunition may be possessed by a person | 2 | | subject to an order entered under this Act. Notice of any order | 3 | | entered under this Act relating to a law enforcement officer | 4 | | shall be promptly provided to the person's law enforcement | 5 | | agency.
| 6 | | Section 1-45. Penalty.
A person who knowingly violates an | 7 | | emergency gun violence restraining order or gun violence | 8 | | restraining order entered under this Act shall be guilty of a | 9 | | Class 4 felony.
| 10 | | Article 5. Gun Crime Charging and Sentencing Accountability and | 11 | | Transparency Act. | 12 | | Section 5-1. Short title. This Article may be cited as the | 13 | | Gun Crime Charging and Sentencing Accountability and | 14 | | Transparency Act, and references in this Article to "this Act" | 15 | | mean this Article. | 16 | | Section 5-5. Plea agreement; State's Attorney.
In a | 17 | | criminal case, if a defendant is charged with an offense | 18 | | involving the illegal use or possession of a firearm and | 19 | | subsequently enters into a plea agreement in which in the | 20 | | charge will be reduced to a lesser offense or a non-weapons | 21 | | offense in exchange for a plea of guilty, at or before the time | 22 | | of sentencing, the State's Attorney shall file with the court a |
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| 1 | | written statement of his or her reasons in support of the plea | 2 | | agreement, which reasons shall specifically explain why the | 3 | | offense or offenses of conviction that result from the plea | 4 | | agreement do not include the originally charged weapons | 5 | | offense. The written statement shall be part of the court | 6 | | record in the case, and a copy shall be provided to any person | 7 | | upon request.
| 8 | | Section 5-10. Sentencing; judge. In a criminal case in | 9 | | which the original charge is or was for an offense involving | 10 | | the illegal use or possession of a firearm, if a defendant | 11 | | pleads guilty or is found guilty of the original charge or a | 12 | | lesser offense or a non-weapons offense, in imposing sentence | 13 | | the judge shall set forth in a written sentencing order his or | 14 | | her reasons for imposing the sentence or accepting the plea | 15 | | agreement. A copy of the written sentencing order shall be | 16 | | provided to any person upon request.
| 17 | | Article 10. Amendatory Provisions. | 18 | | Section 10-5. The Counties Code is amended by changing | 19 | | Section 5-1006.7 as follows: | 20 | | (55 ILCS 5/5-1006.7) | 21 | | Sec. 5-1006.7. School facility and resources occupation | 22 | | taxes. |
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| 1 | | (a) In any county, a tax shall be imposed upon all persons | 2 | | engaged in the business of selling tangible personal property, | 3 | | other than personal property titled or registered with an | 4 | | agency of this State's government, at retail in the county on | 5 | | the gross receipts from the sales made in the course of | 6 | | business to provide revenue to be used exclusively for (i) | 7 | | school facility purposes or (ii) school resource officers and | 8 | | mental health professionals, or (iii) school facility | 9 | | purposes, school resource officers, and mental health | 10 | | professionals, if a proposition for the tax has been submitted | 11 | | to the electors of that county and approved by a majority of | 12 | | those voting on the question as provided in subsection (c). The | 13 | | tax under this Section shall be imposed only in one-quarter | 14 | | percent increments and may not exceed 1%. | 15 | | This additional tax may not be imposed on the sale of food | 16 | | for human consumption that is to be consumed off the premises | 17 | | where it is sold (other than alcoholic beverages, soft drinks, | 18 | | and food that has been prepared for immediate consumption) and | 19 | | prescription and non-prescription medicines, drugs, medical | 20 | | appliances and insulin, urine testing materials, syringes and | 21 | | needles used by diabetics.
The Department of Revenue has full | 22 | | power to administer and enforce this subsection, to collect all | 23 | | taxes and penalties due under this subsection, to dispose of | 24 | | taxes and penalties so collected in the manner provided in this | 25 | | subsection, and to determine all rights to credit memoranda | 26 | | arising on account of the erroneous payment of a tax or penalty |
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| 1 | | under this subsection. The Department shall deposit all taxes | 2 | | and penalties collected under this subsection into a special | 3 | | fund created for that purpose. | 4 | | In the administration of and compliance with this | 5 | | subsection, the Department and persons who are subject to this | 6 | | subsection (i) have the same rights, remedies, privileges, | 7 | | immunities, powers, and duties, (ii) are subject to the same | 8 | | conditions, restrictions, limitations, penalties, and | 9 | | definitions of terms, and (iii) shall employ the same modes of | 10 | | procedure as are set forth in Sections 1 through 1o, 2 through | 11 | | 2-70 (in respect to all provisions contained in those Sections | 12 | | other than the State rate of tax), 2a through 2h, 3 (except as | 13 | | to the disposition of taxes and penalties collected), 4, 5, 5a, | 14 | | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | 15 | | 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation | 16 | | Tax Act and all provisions of the Uniform Penalty and Interest | 17 | | Act as if those provisions were set forth in this subsection. | 18 | | The certificate of registration that is issued by the | 19 | | Department to a retailer under the Retailers' Occupation Tax | 20 | | Act permits the retailer to engage in a business that is | 21 | | taxable without registering separately with the Department | 22 | | under an ordinance or resolution under this subsection. | 23 | | Persons subject to any tax imposed under the authority | 24 | | granted in this subsection may reimburse themselves for their | 25 | | seller's tax liability by separately stating that tax as an | 26 | | additional charge, which may be stated in combination, in a |
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| 1 | | single amount, with State tax that sellers are required to | 2 | | collect under the Use Tax Act, pursuant to any bracketed | 3 | | schedules set forth by the Department. | 4 | | (b) If a tax has been imposed under subsection (a), then a | 5 | | service occupation tax must also be imposed at the same rate | 6 | | upon all persons engaged, in the county, in the business of | 7 | | making sales of service, who, as an incident to making those | 8 | | sales of service, transfer tangible personal property within | 9 | | the county as an incident to a sale of service. | 10 | | This tax may not be imposed on sales of food for human | 11 | | consumption that is to be consumed off the premises where it is | 12 | | sold (other than alcoholic beverages, soft drinks, and food | 13 | | prepared for immediate consumption) and prescription and | 14 | | non-prescription medicines, drugs, medical appliances and | 15 | | insulin, urine testing materials, syringes, and needles used by | 16 | | diabetics. | 17 | | The tax imposed under this subsection and all civil | 18 | | penalties that may be assessed as an incident thereof shall be | 19 | | collected and enforced by the Department and deposited into a | 20 | | special fund created for that purpose. The Department has full | 21 | | power to administer and enforce this subsection, to collect all | 22 | | taxes and penalties due under this subsection, to dispose of | 23 | | taxes and penalties so collected in the manner provided in this | 24 | | subsection, and to determine all rights to credit memoranda | 25 | | arising on account of the erroneous payment of a tax or penalty | 26 | | under this subsection. |
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| 1 | | In the administration of and compliance with this | 2 | | subsection, the Department and persons who are subject to this | 3 | | subsection shall (i) have the same rights, remedies, | 4 | | privileges, immunities, powers and duties, (ii) be subject to | 5 | | the same conditions, restrictions, limitations, penalties and | 6 | | definition of terms, and (iii) employ the same modes of | 7 | | procedure as are set forth in Sections 2 (except that that | 8 | | reference to State in the definition of supplier maintaining a | 9 | | place of business in this State means the county), 2a through | 10 | | 2d, 3 through 3-50 (in respect to all provisions contained in | 11 | | those Sections other than the State rate of tax), 4 (except | 12 | | that the reference to the State shall be to the county), 5, 7, | 13 | | 8 (except that the jurisdiction to which the tax is a debt to | 14 | | the extent indicated in that Section 8 is the county), 9 | 15 | | (except as to the disposition of taxes and penalties | 16 | | collected), 10, 11, 12 (except the reference therein to Section | 17 | | 2b of the Retailers' Occupation Tax Act), 13 (except that any | 18 | | reference to the State means the county), Section 15, 16, 17, | 19 | | 18, 19, and 20 of the Service Occupation Tax Act and all | 20 | | provisions of the Uniform Penalty and Interest Act, as fully as | 21 | | if those provisions were set forth herein. | 22 | | Persons subject to any tax imposed under the authority | 23 | | granted in this subsection may reimburse themselves for their | 24 | | serviceman's tax liability by separately stating the tax as an | 25 | | additional charge, which may be stated in combination, in a | 26 | | single amount, with State tax that servicemen are authorized to |
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| 1 | | collect under the Service Use Tax Act, pursuant to any | 2 | | bracketed schedules set forth by the Department. | 3 | | (c) The tax under this Section may not be imposed until the | 4 | | question of imposing the tax has been submitted to the electors | 5 | | of the county at a regular election and approved by a majority | 6 | | of the electors voting on the question. For all regular | 7 | | elections held prior to August 23, 2011 (the effective date of | 8 | | Public Act 97-542), upon a resolution by the county board or a | 9 | | resolution by school district boards that represent at least | 10 | | 51% of the student enrollment within the county, the county | 11 | | board must certify the question to the proper election | 12 | | authority in accordance with the Election Code. | 13 | | For all regular elections held prior to August 23, 2011 | 14 | | (the effective date of Public Act 97-542), the election | 15 | | authority must submit the question in substantially the | 16 | | following form: | 17 | | Shall (name of county) be authorized to impose a | 18 | | retailers' occupation tax and a service occupation tax | 19 | | (commonly referred to as a "sales tax") at a rate of | 20 | | (insert rate) to be used exclusively for school facility | 21 | | purposes? | 22 | | The election authority must record the votes as "Yes" or "No". | 23 | | If a majority of the electors voting on the question vote | 24 | | in the affirmative, then the county may, thereafter, impose the | 25 | | tax. | 26 | | For all regular elections held on or after August 23, 2011 |
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| 1 | | (the effective date of Public Act 97-542), the regional | 2 | | superintendent of schools for the county must, upon receipt of | 3 | | a resolution or resolutions of school district boards that | 4 | | represent more than 50% of the student enrollment within the | 5 | | county, certify the question to the proper election authority | 6 | | for submission to the electors of the county at the next | 7 | | regular election at which the question lawfully may be | 8 | | submitted to the electors, all in accordance with the Election | 9 | | Code. | 10 | | For all regular elections held on or after August 23, 2011 | 11 | | (the effective date of Public Act 97-542) and before the | 12 | | effective date of this amendatory Act of the 100th General | 13 | | Assembly , the election authority must submit the question in | 14 | | substantially the following form: | 15 | | Shall a retailers' occupation tax and a service | 16 | | occupation tax (commonly referred to as a "sales tax") be | 17 | | imposed in (name of county) at a rate of (insert rate) to | 18 | | be used exclusively for school facility purposes? | 19 | | The election authority must record the votes as "Yes" or "No". | 20 | | If a majority of the electors voting on the question vote | 21 | | in the affirmative, then the tax shall be imposed at the rate | 22 | | set forth in the question. | 23 | | For all regular elections held on or after the effective | 24 | | date of this amendatory Act of the 100th General Assembly, the | 25 | | election authority must submit the question as provided in this | 26 | | paragraph.
If the referendum is to expand the use of revenues |
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| 1 | | from a currently imposed tax to include school resource | 2 | | officers and mental health professionals, the question shall be | 3 | | in substantially the following form: | 4 | | In addition to school facility purposes, shall (name of | 5 | | county) school districts be authorized to use revenues from | 6 | | the tax commonly referred to as the school facility sales | 7 | | tax that is currently imposed in (name of county) at a rate | 8 | | of (insert rate) for school resource officers and mental | 9 | | health professionals? | 10 | | If the referendum is to increase the rate of a tax | 11 | | currently imposed at less than 1% and dedicate the additional | 12 | | revenues for school resource officers and mental health | 13 | | professionals, the question shall be in substantially the | 14 | | following form: | 15 | | Shall the tax commonly referred to as the school | 16 | | facility sales tax that is currently imposed in (name of | 17 | | county) at the rate of (insert rate) be increased to a rate | 18 | | of (insert rate) with the additional revenues used | 19 | | exclusively for school resource officers and mental health | 20 | | professionals? | 21 | | If the referendum is to impose a tax, in a county that has not | 22 | | previously imposed a tax under this Section, exclusively for | 23 | | school facility purposes, the question shall be in | 24 | | substantially the following form: | 25 | | Shall a retailers' occupation tax and a service | 26 | | occupation tax (commonly referred to as a "sales tax") be |
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| 1 | | imposed in (name of county) at a rate of (insert rate) to | 2 | | be used exclusively for school facility purposes?
| 3 | | If the referendum is to impose a tax, in a county that has not | 4 | | previously imposed a tax under this Section, exclusively for | 5 | | school resource officers and mental health professionals, the | 6 | | question shall be in substantially the following form: | 7 | | Shall a retailers' occupation tax and a service | 8 | | occupation tax (commonly referred to as a "sales tax") be | 9 | | imposed in (name of county) at a rate of (insert rate) to | 10 | | be used exclusively for school resource officers and mental | 11 | | health professionals? | 12 | | If the referendum is to impose a tax, in a county that has | 13 | | not previously imposed a tax under this Section, exclusively | 14 | | for school facility purposes, school resource officers, and | 15 | | mental health professionals, the question shall be in | 16 | | substantially the following form: | 17 | | Shall a retailers' occupation tax and a service | 18 | | occupation tax (commonly referred to as a "sales tax") be | 19 | | imposed in (name of county) at a rate of (insert rate) to | 20 | | be used exclusively for school facility purposes, school | 21 | | resource officers, and mental health professionals? | 22 | | The election authority must record the votes as "Yes" or | 23 | | "No". | 24 | | If a majority of the electors voting on the question vote | 25 | | in the affirmative, then the tax shall be imposed at the rate | 26 | | set forth in the question. |
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| 1 | | For the purposes of this subsection (c), "enrollment" means | 2 | | the head count of the students residing in the county on the | 3 | | last school day of September of each year, which must be | 4 | | reported on the Illinois State Board of Education Public School | 5 | | Fall Enrollment/Housing Report.
| 6 | | (d) The Department shall immediately pay over to the State | 7 | | Treasurer, ex officio, as trustee, all taxes and penalties | 8 | | collected under this Section to be deposited into the School | 9 | | Facility Occupation Tax Fund, which shall be an unappropriated | 10 | | trust fund held outside the State treasury. | 11 | | On or before the 25th day of each calendar month, the | 12 | | Department shall prepare and certify to the Comptroller the | 13 | | disbursement of stated sums of money to the regional | 14 | | superintendents of schools in counties from which retailers or | 15 | | servicemen have paid taxes or penalties to the Department | 16 | | during the second preceding calendar month. The amount to be | 17 | | paid to each regional superintendent of schools and disbursed | 18 | | to him or her in accordance with Section 3-14.31 of the School | 19 | | Code, is equal to the amount (not including credit memoranda) | 20 | | collected from the county under this Section during the second | 21 | | preceding calendar month by the Department, (i) less 2% of that | 22 | | amount, which shall be deposited into the Tax Compliance and | 23 | | Administration Fund and shall be used by the Department, | 24 | | subject to appropriation, to cover the costs of the Department | 25 | | in administering and enforcing the provisions of this Section, | 26 | | on behalf of the county, (ii) plus an amount that the |
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| 1 | | Department determines is necessary to offset any amounts that | 2 | | were erroneously paid to a different taxing body; (iii) less an | 3 | | amount equal to the amount of refunds made during the second | 4 | | preceding calendar month by the Department on behalf of the | 5 | | county; and (iv) less any amount that the Department determines | 6 | | is necessary to offset any amounts that were payable to a | 7 | | different taxing body but were erroneously paid to the county. | 8 | | When certifying the amount of a monthly disbursement to a | 9 | | regional superintendent of schools under this Section, the | 10 | | Department shall increase or decrease the amounts by an amount | 11 | | necessary to offset any miscalculation of previous | 12 | | disbursements within the previous 6 months from the time a | 13 | | miscalculation is discovered. | 14 | | Within 10 days after receipt by the Comptroller from the | 15 | | Department of the disbursement certification to the regional | 16 | | superintendents of the schools provided for in this Section, | 17 | | the Comptroller shall cause the orders to be drawn for the | 18 | | respective amounts in accordance with directions contained in | 19 | | the certification. | 20 | | If the Department determines that a refund should be made | 21 | | under this Section to a claimant instead of issuing a credit | 22 | | memorandum, then the Department shall notify the Comptroller, | 23 | | who shall cause the order to be drawn for the amount specified | 24 | | and to the person named in the notification from the | 25 | | Department. The refund shall be paid by the Treasurer out of | 26 | | the School Facility Occupation Tax Fund.
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| 1 | | (e) For the purposes of determining the local governmental | 2 | | unit whose tax is applicable, a retail sale by a producer of | 3 | | coal or another mineral mined in Illinois is a sale at retail | 4 | | at the place where the coal or other mineral mined in Illinois | 5 | | is extracted from the earth. This subsection does not apply to | 6 | | coal or another mineral when it is delivered or shipped by the | 7 | | seller to the purchaser at a point outside Illinois so that the | 8 | | sale is exempt under the United States Constitution as a sale | 9 | | in interstate or foreign commerce. | 10 | | (f) Nothing in this Section may be construed to authorize a | 11 | | tax to be imposed upon the privilege of engaging in any | 12 | | business that under the Constitution of the United States may | 13 | | not be made the subject of taxation by this State. | 14 | | (g) If a county board imposes a tax under this Section | 15 | | pursuant to a referendum held before August 23, 2011 (the | 16 | | effective date of Public Act 97-542) at a rate below the rate | 17 | | set forth in the question approved by a majority of electors of | 18 | | that county voting on the question as provided in subsection | 19 | | (c), then the county board may, by ordinance, increase the rate | 20 | | of the tax up to the rate set forth in the question approved by | 21 | | a majority of electors of that county voting on the question as | 22 | | provided in subsection (c). If a county board imposes a tax | 23 | | under this Section pursuant to a referendum held before August | 24 | | 23, 2011 (the effective date of Public Act 97-542), then the | 25 | | board may, by ordinance, discontinue or reduce the rate of the | 26 | | tax. If a tax is imposed under this Section pursuant to a |
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| 1 | | referendum held on or after August 23, 2011 (the effective date | 2 | | of Public Act 97-542) and before the effective date of this | 3 | | amendatory Act of the 100th General Assembly , then the county | 4 | | board may reduce or discontinue the tax, but only in accordance | 5 | | with subsection (h-5) of this Section. If a tax is imposed | 6 | | under this Section pursuant to a referendum held on or after | 7 | | the effective date of this amendatory Act of the 100th General | 8 | | Assembly, then the county board may reduce or discontinue the | 9 | | tax, but only in accordance with subsection (h-10) of this | 10 | | Section. If, however, a school board issues bonds that are | 11 | | secured by the proceeds of the tax under this Section, then the | 12 | | county board may not reduce the tax rate or discontinue the tax | 13 | | if that rate reduction or discontinuance would adversely affect | 14 | | the school board's ability to pay the principal and interest on | 15 | | those bonds as they become due or necessitate the extension of | 16 | | additional property taxes to pay the principal and interest on | 17 | | those bonds. If the county board reduces the tax rate or | 18 | | discontinues the tax, then a referendum must be held in | 19 | | accordance with subsection (c) of this Section in order to | 20 | | increase the rate of the tax or to reimpose the discontinued | 21 | | tax. | 22 | | Until January 1, 2014, the results of any election that | 23 | | imposes, reduces, or discontinues a tax under this Section must | 24 | | be certified by the election authority, and any ordinance that | 25 | | increases or lowers the rate or discontinues the tax must be | 26 | | certified by the county clerk and, in each case, filed with the |
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| 1 | | Illinois Department of Revenue either (i) on or before the | 2 | | first day of April, whereupon the Department shall proceed to | 3 | | administer and enforce the tax or change in the rate as of the | 4 | | first day of July next following the filing; or (ii) on or | 5 | | before the first day of October, whereupon the Department shall | 6 | | proceed to administer and enforce the tax or change in the rate | 7 | | as of the first day of January next following the filing. | 8 | | Beginning January 1, 2014, the results of any election that | 9 | | imposes, reduces, or discontinues a tax under this Section must | 10 | | be certified by the election authority, and any ordinance that | 11 | | increases or lowers the rate or discontinues the tax must be | 12 | | certified by the county clerk and, in each case, filed with the | 13 | | Illinois Department of Revenue either (i) on or before the | 14 | | first day of May, whereupon the Department shall proceed to | 15 | | administer and enforce the tax or change in the rate as of the | 16 | | first day of July next following the filing; or (ii) on or | 17 | | before the first day of October, whereupon the Department shall | 18 | | proceed to administer and enforce the tax or change in the rate | 19 | | as of the first day of January next following the filing. | 20 | | (h) For purposes of this Section, "school facility | 21 | | purposes" means (i) the acquisition, development, | 22 | | construction, reconstruction, rehabilitation, improvement, | 23 | | financing, architectural planning, and installation of capital | 24 | | facilities consisting of buildings, structures, and durable | 25 | | equipment and for the acquisition and improvement of real | 26 | | property and interest in real property required, or expected to |
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| 1 | | be required, in connection with the capital facilities and (ii) | 2 | | the payment of bonds or other obligations heretofore or | 3 | | hereafter issued, including bonds or other obligations | 4 | | heretofore or hereafter issued to refund or to continue to | 5 | | refund bonds or other obligations issued, for school facility | 6 | | purposes, provided that the taxes levied to pay those bonds are | 7 | | abated by the amount of the taxes imposed under this Section | 8 | | that are used to pay those bonds. "School-facility purposes" | 9 | | also includes fire prevention, safety, energy conservation, | 10 | | accessibility, school security, and specified repair purposes | 11 | | set forth under Section 17-2.11 of the School Code. | 12 | | (h-5) A county board in a county where a tax has been | 13 | | imposed under this Section pursuant to a referendum held on or | 14 | | after August 23, 2011 (the effective date of Public Act 97-542) | 15 | | and before the effective date of this amendatory Act of the | 16 | | 100th General Assembly may, by ordinance or resolution, submit | 17 | | to the voters of the county the question of reducing or | 18 | | discontinuing the tax. In the ordinance or resolution, the | 19 | | county board shall certify the question to the proper election | 20 | | authority in accordance with the Election Code. The election | 21 | | authority must submit the question in substantially the | 22 | | following form: | 23 | | Shall the school facility retailers' occupation tax | 24 | | and service occupation tax (commonly referred to as the | 25 | | "school facility sales tax") currently imposed in (name of | 26 | | county) at a rate of (insert rate) be (reduced to (insert |
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| 1 | | rate))(discontinued)? | 2 | | If a majority of the electors voting on the question vote in | 3 | | the affirmative, then, subject to the provisions of subsection | 4 | | (g) of this Section, the tax shall be reduced or discontinued | 5 | | as set forth in the question. | 6 | | (h-10) A county board in a county where a tax has been | 7 | | imposed under this Section pursuant to a referendum held on or | 8 | | after the effective date of this amendatory Act of the 100th | 9 | | General Assembly may, by ordinance or resolution, submit to the | 10 | | voters of the county the question of reducing or discontinuing | 11 | | the tax. In the ordinance or resolution, the county board shall | 12 | | certify the question to the proper election authority in | 13 | | accordance with the Election Code. The election authority must | 14 | | submit the question in substantially the following form: | 15 | | Shall the school facility and resources retailers' | 16 | | occupation tax and service occupation tax (commonly | 17 | | referred to as the "school facility and resources sales | 18 | | tax") currently imposed in (name of county) at a rate of | 19 | | (insert rate) be (reduced to (insert rate))(discontinued)? | 20 | | If a majority of the electors voting on the question vote | 21 | | in the affirmative, then, subject to the provisions of | 22 | | subsection (g) of this Section, the tax shall be reduced or | 23 | | discontinued as set forth in the question. | 24 | | (i) This Section does not apply to Cook County. | 25 | | (j) This Section may be cited as the County School Facility | 26 | | and Resources Occupation Tax Law.
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| 1 | | (Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15; | 2 | | 99-217, eff. 7-31-15; 99-642, eff. 7-28-16.) | 3 | | Section 10-10. The Firearm Owners Identification Card Act | 4 | | is amended by adding Section 8.5 as follows: | 5 | | (430 ILCS 65/8.5 new) | 6 | | Sec. 8.5. Suspension of a Firearm Owner's Identification | 7 | | Card under the Gun Violence Restraining Order Act. The | 8 | | Department of State Police shall suspend a person's Firearm | 9 | | Owner's Identification Card for the duration of an emergency | 10 | | gun violence restraining order or a gun violence restraining | 11 | | order as provided in Section 1-35 of the Gun Violence | 12 | | Restraining Order Act. | 13 | | Section 10-15. The Firearm Concealed Carry Act is amended | 14 | | by adding Section 42 as follows: | 15 | | (430 ILCS 66/42 new) | 16 | | Sec. 42. Suspension of a concealed carry license under the | 17 | | Gun Violence Restraining Order Act. The Department of State | 18 | | Police shall suspend a person's concealed carry license for the | 19 | | duration of an emergency gun violence restraining order or a | 20 | | gun violence restraining order as provided under Section 1-35 | 21 | | of the Gun Violence Restraining Order Act. |
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| 1 | | Section 10-20. The Criminal Code of 2012 is amended by | 2 | | changing Sections 5-1, 24-1, and 24-3 and by adding Sections | 3 | | 4-4.5, 5-2.5, and 9-1.5 as follows: | 4 | | (720 ILCS 5/4-4.5 new) | 5 | | Sec. 4-4.5. Purposely or purpose. In Section 5-2.5 and | 6 | | 9-1.5 of this Code, a person acts purposely or with the purpose | 7 | | when his or her conscious objective is to cause the death of | 8 | | another human being.
| 9 | | (720 ILCS 5/5-1) (from Ch. 38, par. 5-1)
| 10 | | Sec. 5-1. Accountability for conduct of another. Except as | 11 | | provided in Section 5-2.5 of the Code a A person is responsible | 12 | | for conduct which is an element of an offense if
the conduct is | 13 | | either that of the person himself, or that of another and he
is | 14 | | legally accountable for such conduct as provided in Section 5-2 | 15 | | of this Code , or
both.
| 16 | | (Source: Laws 1961, p. 1983 .)
| 17 | | (720 ILCS 5/5-2.5 new) | 18 | | Sec. 5-2.5. Death penalty murder; accountability for acts | 19 | | of others. A person is legally accountable for the conduct of | 20 | | another in the commission of death penalty murder only when: | 21 | | (1) having the purpose to cause the death of another | 22 | | human being without lawful justification, the person | 23 | | commands, induces, procures, or causes another to perform |
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| 1 | | the conduct; or | 2 | | (2) the person agrees with one or more other persons to | 3 | | engage in conduct for the common purpose of causing the | 4 | | death of another human being without lawful justification, | 5 | | in which case all parties to the agreement shall be | 6 | | criminally liable for acts of other parties to the | 7 | | agreement committed during and in furtherance of the | 8 | | agreement. | 9 | | (720 ILCS 5/9-1.5 new) | 10 | | Sec. 9-1.5. Death penalty murder. | 11 | | (a) In this Section, "human being" means a person who has | 12 | | been born and is alive. | 13 | | (b) A person commits death penalty murder when at the time | 14 | | of the commission of the offense he or she has attained the age | 15 | | of 18 or more and he or she purposely causes the death of | 16 | | another human being without lawful justification if: | 17 | | (1) at the time of the offense, the person caused the | 18 | | death of 2 or more other human beings without lawful | 19 | | justification; or | 20 | | (2) the victim was a peace officer, as defined by | 21 | | Section 2-13 of this Code, killed in the course of | 22 | | performing his or her official duties, either to prevent | 23 | | the performance of the officer's duties or in retaliation | 24 | | for the performance of the officer's duties, and the person | 25 | | knew that the victim was a peace officer. |
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| 1 | | (c) The trier of fact regarding the charge of death penalty | 2 | | murder shall resolve any doubt regarding identification or any | 3 | | element of the offense in favor of the defendant. A defendant | 4 | | shall not be found guilty of the offense of death penalty | 5 | | murder unless each and every element of the offense is | 6 | | established beyond any doubt. If the trial is by jury, before | 7 | | the trial commences and again before jury deliberations | 8 | | commence, the jury shall be instructed that the penalty for | 9 | | death penalty murder is death. | 10 | | (d) A defendant, who has been found guilty of death penalty | 11 | | murder, may, at a separate sentencing hearing, present evidence | 12 | | of mitigating circumstances not rising to the level of legal | 13 | | justification, including but not limited to evidence of | 14 | | intellectual disability as provided in Section 114-15 of the | 15 | | Code of Criminal Procedure of 1963. The prosecution may present | 16 | | rebuttal evidence. The hearing shall be before the trial judge. | 17 | | The judge shall sentence the defendant to death, unless he or | 18 | | she finds that the defendant has, by a preponderance of the | 19 | | evidence, presented sufficiently substantial evidence to prove | 20 | | intellectual disability or that imposition of the death penalty | 21 | | would result in a manifest miscarriage of justice, in which | 22 | | case the judge shall sentence the defendant to life | 23 | | imprisonment without the possibility of parole. | 24 | | (e) On appeal from a conviction of death penalty murder, | 25 | | review of the facts shall be de novo. In conducting its de novo | 26 | | review of the trial evidence, the appellate court shall resolve |
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| 1 | | all doubt regarding identification and guilt in favor of the | 2 | | defendant. The appellate court shall conduct an independent | 3 | | review of the evidence without giving deference to the judgment | 4 | | of the trier of fact at trial. | 5 | | (f) Sentence. The sentence for death penalty murder is | 6 | | death.
| 7 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 8 | | Sec. 24-1. Unlawful use of weapons.
| 9 | | (a) A person commits the offense of unlawful use of weapons | 10 | | when
he knowingly:
| 11 | | (1) Sells, manufactures, purchases, possesses or | 12 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 13 | | sand-bag, metal knuckles or other knuckle weapon | 14 | | regardless of its composition, throwing star,
or any knife, | 15 | | commonly referred to as a switchblade knife, which has a
| 16 | | blade that opens automatically by hand pressure applied to | 17 | | a button,
spring or other device in the handle of the | 18 | | knife, or a ballistic knife,
which is a device that propels | 19 | | a knifelike blade as a projectile by means
of a coil | 20 | | spring, elastic material or compressed gas; or
| 21 | | (2) Carries or possesses with intent to use the same | 22 | | unlawfully
against another, a dagger, dirk, billy, | 23 | | dangerous knife, razor,
stiletto, broken bottle or other | 24 | | piece of glass, stun gun or taser or
any other dangerous or | 25 | | deadly weapon or instrument of like character; or
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| 1 | | (3) Carries on or about his person or in any vehicle, a | 2 | | tear gas gun
projector or bomb or any object containing | 3 | | noxious liquid gas or
substance, other than an object | 4 | | containing a non-lethal noxious liquid gas
or substance | 5 | | designed solely for personal defense carried by a person 18
| 6 | | years of age or older; or
| 7 | | (4) Carries or possesses in any vehicle or concealed on | 8 | | or about his
person except when on his land or in his own | 9 | | abode, legal dwelling, or fixed place of
business, or on | 10 | | the land or in the legal dwelling of another person as an | 11 | | invitee with that person's permission, any pistol, | 12 | | revolver, stun gun or taser or other firearm, except
that
| 13 | | this subsection (a) (4) does not apply to or affect | 14 | | transportation of weapons
that meet one of the following | 15 | | conditions:
| 16 | | (i) are broken down in a non-functioning state; or
| 17 | | (ii) are not immediately accessible; or
| 18 | | (iii) are unloaded and enclosed in a case, firearm | 19 | | carrying box,
shipping box, or other container by a | 20 | | person who has been issued a currently
valid Firearm | 21 | | Owner's
Identification Card; or | 22 | | (iv) are carried or possessed in accordance with | 23 | | the Firearm Concealed Carry Act by a person who has | 24 | | been issued a currently valid license under the Firearm | 25 | | Concealed Carry Act; or
| 26 | | (5) Sets a spring gun; or
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| 1 | | (6) Possesses any device or attachment of any kind | 2 | | designed, used or
intended for use in silencing the report | 3 | | of any firearm; or
| 4 | | (7) Sells, manufactures, purchases, possesses or | 5 | | carries:
| 6 | | (i) a machine gun, which shall be defined for the | 7 | | purposes of this
subsection as any weapon,
which | 8 | | shoots, is designed to shoot, or can be readily | 9 | | restored to shoot,
automatically more than one shot | 10 | | without manually reloading by a single
function of the | 11 | | trigger, including the frame or receiver
of any such | 12 | | weapon, or sells, manufactures, purchases, possesses, | 13 | | or
carries any combination of parts designed or | 14 | | intended for
use in converting any weapon into a | 15 | | machine gun, or any combination or
parts from which a | 16 | | machine gun can be assembled if such parts are in the
| 17 | | possession or under the control of a person; | 18 | | (i-5) beginning 90 days after the effective date of | 19 | | this amendatory Act of the 100th General Assembly, a | 20 | | bump stock or trigger crank. As used in this clause | 21 | | (i-5): | 22 | | "Bump stock" means any device for a weapon that | 23 | | increases the rate of fire achievable with the weapon | 24 | | by using energy from the recoil of the weapon to | 25 | | generate a reciprocating action that facilitates | 26 | | repeated activation of the trigger of the weapon. |
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| 1 | | "Trigger crank" means any device to be attached to | 2 | | a weapon that repeatedly activates the trigger of the | 3 | | weapon through the use of a lever or other part that is | 4 | | turned in a circular motion;
| 5 | | (ii) any rifle having one or
more barrels less than | 6 | | 16 inches in length or a shotgun having one or more
| 7 | | barrels less than 18 inches in length or any weapon | 8 | | made from a rifle or
shotgun, whether by alteration, | 9 | | modification, or otherwise, if such a weapon
as | 10 | | modified has an overall length of less than 26 inches; | 11 | | or
| 12 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 13 | | other container containing an
explosive substance of | 14 | | over one-quarter ounce for like purposes, such
as, but | 15 | | not limited to, black powder bombs and Molotov | 16 | | cocktails or
artillery projectiles; or
| 17 | | (8) Carries or possesses any firearm, stun gun or taser | 18 | | or other
deadly weapon in any place which is licensed to | 19 | | sell intoxicating
beverages, or at any public gathering | 20 | | held pursuant to a license issued
by any governmental body | 21 | | or any public gathering at which an admission
is charged, | 22 | | excluding a place where a showing, demonstration or lecture
| 23 | | involving the exhibition of unloaded firearms is | 24 | | conducted.
| 25 | | This subsection (a)(8) does not apply to any auction or | 26 | | raffle of a firearm
held pursuant to
a license or permit |
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| 1 | | issued by a governmental body, nor does it apply to persons
| 2 | | engaged
in firearm safety training courses; or
| 3 | | (9) Carries or possesses in a vehicle or on or about | 4 | | his person any
pistol, revolver, stun gun or taser or | 5 | | firearm or ballistic knife, when
he is hooded, robed or | 6 | | masked in such manner as to conceal his identity; or
| 7 | | (10) Carries or possesses on or about his person, upon | 8 | | any public street,
alley, or other public lands within the | 9 | | corporate limits of a city, village
or incorporated town, | 10 | | except when an invitee thereon or therein, for the
purpose | 11 | | of the display of such weapon or the lawful commerce in | 12 | | weapons, or
except when on his land or in his own abode, | 13 | | legal dwelling, or fixed place of business, or on the land | 14 | | or in the legal dwelling of another person as an invitee | 15 | | with that person's permission, any
pistol, revolver, stun | 16 | | gun or taser or other firearm, except that this
subsection | 17 | | (a) (10) does not apply to or affect transportation of | 18 | | weapons that
meet one of the following conditions:
| 19 | | (i) are broken down in a non-functioning state; or
| 20 | | (ii) are not immediately accessible; or
| 21 | | (iii) are unloaded and enclosed in a case, firearm | 22 | | carrying box,
shipping box, or other container by a | 23 | | person who has been issued a currently
valid Firearm | 24 | | Owner's
Identification Card; or
| 25 | | (iv) are carried or possessed in accordance with | 26 | | the Firearm Concealed Carry Act by a person who has |
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| 1 | | been issued a currently valid license under the Firearm | 2 | | Concealed Carry Act. | 3 | | A "stun gun or taser", as used in this paragraph (a) | 4 | | means (i) any device
which is powered by electrical | 5 | | charging units, such as, batteries, and
which fires one or | 6 | | several barbs attached to a length of wire and
which, upon | 7 | | hitting a human, can send out a current capable of | 8 | | disrupting
the person's nervous system in such a manner as | 9 | | to render him incapable of
normal functioning or (ii) any | 10 | | device which is powered by electrical
charging units, such | 11 | | as batteries, and which, upon contact with a human or
| 12 | | clothing worn by a human, can send out current capable of | 13 | | disrupting
the person's nervous system in such a manner as | 14 | | to render him incapable
of normal functioning; or
| 15 | | (11) Sells, manufactures or purchases any explosive | 16 | | bullet. For purposes
of this paragraph (a) "explosive | 17 | | bullet" means the projectile portion of
an ammunition | 18 | | cartridge which contains or carries an explosive charge | 19 | | which
will explode upon contact with the flesh of a human | 20 | | or an animal.
"Cartridge" means a tubular metal case having | 21 | | a projectile affixed at the
front thereof and a cap or | 22 | | primer at the rear end thereof, with the
propellant | 23 | | contained in such tube between the projectile and the cap; | 24 | | or
| 25 | | (12) (Blank); or
| 26 | | (13) Carries or possesses on or about his or her person |
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| 1 | | while in a building occupied by a unit of government, a | 2 | | billy club, other weapon of like character, or other | 3 | | instrument of like character intended for use as a weapon. | 4 | | For the purposes of this Section, "billy club" means a | 5 | | short stick or club commonly carried by police officers | 6 | | which is either telescopic or constructed of a solid piece | 7 | | of wood or other man-made material. | 8 | | (b) Sentence. A person convicted of a violation of | 9 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 10 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 11 | | Class A
misdemeanor.
A person convicted of a violation of | 12 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 13 | | person
convicted of a violation of subsection 24-1(a)(6) or | 14 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 15 | | convicted of a violation of subsection
24-1(a)(7)(i) or | 16 | | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced | 17 | | to a term of imprisonment of not less than 3 years and not more | 18 | | than 7 years, unless the weapon or device is possessed in the
| 19 | | passenger compartment of a motor vehicle as defined in Section | 20 | | 1-146 of the
Illinois Vehicle Code, or on the person, while the | 21 | | weapon is loaded or the device is attached to the loaded | 22 | | weapon , in which
case it shall be a Class X felony. A person | 23 | | convicted of a
second or subsequent violation of subsection | 24 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 25 | | Class 3 felony. The possession of each weapon or device in | 26 | | violation of this Section constitutes a single and separate |
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| 1 | | violation.
| 2 | | (c) Violations in specific places.
| 3 | | (1) A person who violates subsection 24-1(a)(6) or | 4 | | 24-1(a)(7) in any
school, regardless of the time of day or | 5 | | the time of year, in residential
property owned, operated | 6 | | or managed by a public housing agency or
leased by
a public | 7 | | housing agency as part of a scattered site or mixed-income
| 8 | | development, in a
public park, in a courthouse, on the real | 9 | | property comprising any school,
regardless of the
time of | 10 | | day or the time of year, on residential property owned, | 11 | | operated
or
managed by a public housing agency
or leased by | 12 | | a public housing agency as part of a scattered site or
| 13 | | mixed-income development,
on the real property comprising | 14 | | any
public park, on the real property comprising any | 15 | | courthouse, in any conveyance
owned, leased or contracted | 16 | | by a school to
transport students to or from school or a | 17 | | school related activity, in any conveyance
owned, leased, | 18 | | or contracted by a public transportation agency, or on any
| 19 | | public way within 1,000 feet of the real property | 20 | | comprising any school,
public park, courthouse, public | 21 | | transportation facility, or residential property owned, | 22 | | operated, or managed
by a public housing agency
or leased | 23 | | by a public housing agency as part of a scattered site or
| 24 | | mixed-income development
commits a Class 2 felony and shall | 25 | | be sentenced to a term of imprisonment of not less than 3 | 26 | | years and not more than 7 years.
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| 1 | | (1.5) A person who violates subsection 24-1(a)(4), | 2 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 3 | | time of day or the time of year,
in residential property | 4 | | owned, operated, or managed by a public
housing
agency
or | 5 | | leased by a public housing agency as part of a scattered | 6 | | site or
mixed-income development,
in
a public
park, in a | 7 | | courthouse, on the real property comprising any school, | 8 | | regardless
of the time of day or the time of year, on | 9 | | residential property owned,
operated, or managed by a | 10 | | public housing agency
or leased by a public housing agency | 11 | | as part of a scattered site or
mixed-income development,
on | 12 | | the real property
comprising any public park, on the real | 13 | | property comprising any courthouse, in
any conveyance | 14 | | owned, leased, or contracted by a school to transport | 15 | | students
to or from school or a school related activity, in | 16 | | any conveyance
owned, leased, or contracted by a public | 17 | | transportation agency, or on any public way within
1,000 | 18 | | feet of the real property comprising any school, public | 19 | | park, courthouse,
public transportation facility, or | 20 | | residential property owned, operated, or managed by a | 21 | | public
housing agency
or leased by a public housing agency | 22 | | as part of a scattered site or
mixed-income development
| 23 | | commits a Class 3 felony.
| 24 | | (2) A person who violates subsection 24-1(a)(1), | 25 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 26 | | time of day or the time of year, in
residential property |
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| 1 | | owned, operated or managed by a public housing
agency
or | 2 | | leased by a public housing agency as part of a scattered | 3 | | site or
mixed-income development,
in
a public park, in a | 4 | | courthouse, on the real property comprising any school,
| 5 | | regardless of the time of day or the time of year, on | 6 | | residential property
owned, operated or managed by a public | 7 | | housing agency
or leased by a public housing agency as part | 8 | | of a scattered site or
mixed-income development,
on the | 9 | | real property
comprising any public park, on the real | 10 | | property comprising any courthouse, in
any conveyance | 11 | | owned, leased or contracted by a school to transport | 12 | | students
to or from school or a school related activity, in | 13 | | any conveyance
owned, leased, or contracted by a public | 14 | | transportation agency, or on any public way within
1,000 | 15 | | feet of the real property comprising any school, public | 16 | | park, courthouse,
public transportation facility, or | 17 | | residential property owned, operated, or managed by a | 18 | | public
housing agency or leased by a public housing agency | 19 | | as part of a scattered
site or mixed-income development | 20 | | commits a Class 4 felony. "Courthouse"
means any building | 21 | | that is used by the Circuit, Appellate, or Supreme Court of
| 22 | | this State for the conduct of official business.
| 23 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 24 | | (c) shall not
apply to law
enforcement officers or security | 25 | | officers of such school, college, or
university or to | 26 | | students carrying or possessing firearms for use in |
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| 1 | | training
courses, parades, hunting, target shooting on | 2 | | school ranges, or otherwise with
the consent of school | 3 | | authorities and which firearms are transported unloaded
| 4 | | enclosed in a suitable case, box, or transportation | 5 | | package.
| 6 | | (4) For the purposes of this subsection (c), "school" | 7 | | means any public or
private elementary or secondary school, | 8 | | community college, college, or
university.
| 9 | | (5) For the purposes of this subsection (c), "public | 10 | | transportation agency" means a public or private agency | 11 | | that provides for the transportation or conveyance of
| 12 | | persons by means available to the general public, except | 13 | | for transportation
by automobiles not used for conveyance | 14 | | of the general public as passengers; and "public | 15 | | transportation facility" means a terminal or other place
| 16 | | where one may obtain public transportation.
| 17 | | (d) The presence in an automobile other than a public | 18 | | omnibus of any
weapon, instrument or substance referred to in | 19 | | subsection (a)(7) is
prima facie evidence that it is in the | 20 | | possession of, and is being
carried by, all persons occupying | 21 | | such automobile at the time such
weapon, instrument or | 22 | | substance is found, except under the following
circumstances: | 23 | | (i) if such weapon, instrument or instrumentality is
found upon | 24 | | the person of one of the occupants therein; or (ii) if such
| 25 | | weapon, instrument or substance is found in an automobile | 26 | | operated for
hire by a duly licensed driver in the due, lawful |
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| 1 | | and proper pursuit of
his trade, then such presumption shall | 2 | | not apply to the driver.
| 3 | | (e) Exemptions. | 4 | | (1) Crossbows, Common or Compound bows and Underwater
| 5 | | Spearguns are exempted from the definition of ballistic | 6 | | knife as defined in
paragraph (1) of subsection (a) of this | 7 | | Section. | 8 | | (2) The provision of paragraph (1) of subsection (a) of | 9 | | this Section prohibiting the sale, manufacture, purchase, | 10 | | possession, or carrying of any knife, commonly referred to | 11 | | as a switchblade knife, which has a
blade that opens | 12 | | automatically by hand pressure applied to a button,
spring | 13 | | or other device in the handle of the knife, does not apply | 14 | | to a person who possesses a currently valid Firearm Owner's | 15 | | Identification Card previously issued in his or her name by | 16 | | the Department of State Police or to a person or an entity | 17 | | engaged in the business of selling or manufacturing | 18 | | switchblade knives.
| 19 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| 20 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 21 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 22 | | (A) A person commits the offense of unlawful sale or | 23 | | delivery of firearms when he
or she knowingly does any of the | 24 | | following:
| 25 | | (a) Sells or gives any firearm of a size which may be |
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| 1 | | concealed upon the
person to any person under 18 years of | 2 | | age.
| 3 | | (b) Sells or gives any firearm to a person under 21 | 4 | | years of age who has
been convicted of a misdemeanor other | 5 | | than a traffic offense or adjudged
delinquent.
| 6 | | (c) Sells or gives any firearm to any narcotic addict.
| 7 | | (d) Sells or gives any firearm to any person who has | 8 | | been convicted of a
felony under the laws of this or any | 9 | | other jurisdiction.
| 10 | | (e) Sells or gives any firearm to any person who has | 11 | | been a patient in a
mental institution within the past 5 | 12 | | years. In this subsection (e): | 13 | | "Mental institution" means any hospital, | 14 | | institution, clinic, evaluation facility, mental | 15 | | health center, or part thereof, which is used primarily | 16 | | for the care or treatment of persons with mental | 17 | | illness. | 18 | | "Patient in a mental institution" means the person | 19 | | was admitted, either voluntarily or involuntarily, to | 20 | | a mental institution for mental health treatment, | 21 | | unless the treatment was voluntary and solely for an | 22 | | alcohol abuse disorder and no other secondary | 23 | | substance abuse disorder or mental illness.
| 24 | | (f) Sells or gives any firearms to any person who is a | 25 | | person with an intellectual disability.
| 26 | | (g) Delivers any firearm of a size which may be |
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| 1 | | concealed upon the
person , incidental to a sale, without | 2 | | withholding delivery of the such firearm
for at least 72 | 3 | | hours after application for its purchase has been made, or
| 4 | | delivers any rifle, shotgun or other long gun, or a stun | 5 | | gun or taser, incidental to a sale,
without withholding | 6 | | delivery of the such rifle, shotgun or other long gun, or a | 7 | | stun gun or taser for
at least 24 hours after application | 8 | | for its purchase has been made.
However,
this paragraph (g) | 9 | | does not apply to: (1) the sale of a firearm
to a law | 10 | | enforcement officer if the seller of the firearm knows that | 11 | | the person to whom he or she is selling the firearm is a | 12 | | law enforcement officer or the sale of a firearm to a | 13 | | person who desires to purchase a firearm for
use in | 14 | | promoting the public interest incident to his or her | 15 | | employment as a
bank guard, armed truck guard, or other | 16 | | similar employment; (2) a mail
order sale of a firearm from | 17 | | a federally licensed firearms dealer to a nonresident of | 18 | | Illinois under which the firearm
is mailed to a federally | 19 | | licensed firearms dealer outside the boundaries of | 20 | | Illinois; (3) the sale
of a firearm to a nonresident of | 21 | | Illinois while at a firearm showing or display
recognized | 22 | | by the Illinois Department of State Police; (4) the sale of | 23 | | a
firearm to a dealer licensed as a federal firearms dealer | 24 | | under Section 923
of the federal Gun Control Act of 1968 | 25 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | 26 | | shotgun, or other long gun to a resident registered |
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| 1 | | competitor or attendee or non-resident registered | 2 | | competitor or attendee by any dealer licensed as a federal | 3 | | firearms dealer under Section 923 of the federal Gun | 4 | | Control Act of 1968 at competitive shooting events held at | 5 | | the World Shooting Complex sanctioned by a national | 6 | | governing body. For purposes of transfers or sales under | 7 | | subparagraph (5) of this paragraph (g), the Department of | 8 | | Natural Resources shall give notice to the Department of | 9 | | State Police at least 30 calendar days prior to any | 10 | | competitive shooting events at the World Shooting Complex | 11 | | sanctioned by a national governing body. The notification | 12 | | shall be made on a form prescribed by the Department of | 13 | | State Police. The sanctioning body shall provide a list of | 14 | | all registered competitors and attendees at least 24 hours | 15 | | before the events to the Department of State Police. Any | 16 | | changes to the list of registered competitors and attendees | 17 | | shall be forwarded to the Department of State Police as | 18 | | soon as practicable. The Department of State Police must | 19 | | destroy the list of registered competitors and attendees no | 20 | | later than 30 days after the date of the event. Nothing in | 21 | | this paragraph (g) relieves a federally licensed firearm | 22 | | dealer from the requirements of conducting a NICS | 23 | | background check through the Illinois Point of Contact | 24 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 25 | | "application" means when the buyer and seller reach an | 26 | | agreement to purchase a firearm.
For purposes of this |
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| 1 | | paragraph (g), "national governing body" means a group of | 2 | | persons who adopt rules and formulate policy on behalf of a | 3 | | national firearm sporting organization.
| 4 | | (h) While holding any license
as a dealer,
importer, | 5 | | manufacturer or pawnbroker
under the federal Gun Control | 6 | | Act of 1968,
manufactures, sells or delivers to any | 7 | | unlicensed person a handgun having
a barrel, slide, frame | 8 | | or receiver which is a die casting of zinc alloy or
any | 9 | | other nonhomogeneous metal which will melt or deform at a | 10 | | temperature
of less than 800 degrees Fahrenheit. For | 11 | | purposes of this paragraph, (1)
"firearm" is defined as in | 12 | | the Firearm Owners Identification Card Act; and (2)
| 13 | | "handgun" is defined as a firearm designed to be held
and | 14 | | fired by the use of a single hand, and includes a | 15 | | combination of parts from
which such a firearm can be | 16 | | assembled.
| 17 | | (i) Sells or gives a firearm of any size to any person | 18 | | under 18 years of
age who does not possess a valid Firearm | 19 | | Owner's Identification Card.
| 20 | | (j) Sells or gives a firearm while engaged in the | 21 | | business of selling
firearms at wholesale or retail without | 22 | | being licensed as a federal firearms
dealer under Section | 23 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 24 | | In this paragraph (j):
| 25 | | A person "engaged in the business" means a person who | 26 | | devotes time,
attention, and
labor to
engaging in the |
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| 1 | | activity as a regular course of trade or business with the
| 2 | | principal objective of livelihood and profit, but does not | 3 | | include a person who
makes occasional repairs of firearms | 4 | | or who occasionally fits special barrels,
stocks, or | 5 | | trigger mechanisms to firearms.
| 6 | | "With the principal objective of livelihood and | 7 | | profit" means that the
intent
underlying the sale or | 8 | | disposition of firearms is predominantly one of
obtaining | 9 | | livelihood and pecuniary gain, as opposed to other intents, | 10 | | such as
improving or liquidating a personal firearms | 11 | | collection; however, proof of
profit shall not be required | 12 | | as to a person who engages in the regular and
repetitive | 13 | | purchase and disposition of firearms for criminal purposes | 14 | | or
terrorism.
| 15 | | (k) Sells or transfers ownership of a firearm to a | 16 | | person who does not display to the seller or transferor of | 17 | | the firearm either: (1) a currently valid Firearm Owner's | 18 | | Identification Card that has previously been issued in the | 19 | | transferee's name by the Department of State Police under | 20 | | the provisions of the Firearm Owners Identification Card | 21 | | Act; or (2) a currently valid license to carry a concealed | 22 | | firearm that has previously been issued in the transferee's | 23 | | name by the
Department of State Police under the Firearm | 24 | | Concealed Carry Act. This paragraph (k) does not apply to | 25 | | the transfer of a firearm to a person who is exempt from | 26 | | the requirement of possessing a Firearm Owner's |
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| 1 | | Identification Card under Section 2 of the Firearm Owners | 2 | | Identification Card Act. For the purposes of this Section, | 3 | | a currently valid Firearm Owner's Identification Card | 4 | | means (i) a Firearm Owner's Identification Card that has | 5 | | not expired or (ii) an approval number issued in accordance | 6 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 7 | | the Firearm Owners Identification Card Act shall be proof | 8 | | that the Firearm Owner's Identification Card was valid. | 9 | | (1) In addition to the other requirements of this | 10 | | paragraph (k), all persons who are not federally | 11 | | licensed firearms dealers must also have complied with | 12 | | subsection (a-10) of Section 3 of the Firearm Owners | 13 | | Identification Card Act by determining the validity of | 14 | | a purchaser's Firearm Owner's Identification Card. | 15 | | (2) All sellers or transferors who have complied | 16 | | with the requirements of subparagraph (1) of this | 17 | | paragraph (k) shall not be liable for damages in any | 18 | | civil action arising from the use or misuse by the | 19 | | transferee of the firearm transferred, except for | 20 | | willful or wanton misconduct on the part of the seller | 21 | | or transferor. | 22 | | (l) Not
being entitled to the possession of a firearm, | 23 | | delivers the
firearm, knowing it to have been stolen or | 24 | | converted. It may be inferred that
a person who possesses a | 25 | | firearm with knowledge that its serial number has
been | 26 | | removed or altered has knowledge that the firearm is stolen |
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| 1 | | or converted. | 2 | | (B) Paragraph (h) of subsection (A) does not include | 3 | | firearms sold within 6
months after enactment of Public
Act | 4 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 5 | | nor is any
firearm legally owned or
possessed by any citizen or | 6 | | purchased by any citizen within 6 months after the
enactment of | 7 | | Public Act 78-355 subject
to confiscation or seizure under the | 8 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 9 | | shall be construed to prohibit the gift or trade of
any firearm | 10 | | if that firearm was legally held or acquired within 6 months | 11 | | after
the enactment of that Public Act.
| 12 | | (C) Sentence.
| 13 | | (1) Any person convicted of unlawful sale or delivery | 14 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 15 | | or (h) of subsection (A) commits a Class
4
felony.
| 16 | | (2) Any person convicted of unlawful sale or delivery | 17 | | of firearms in violation of
paragraph (b) or (i) of | 18 | | subsection (A) commits a Class 3 felony.
| 19 | | (3) Any person convicted of unlawful sale or delivery | 20 | | of firearms in violation of
paragraph (a) of subsection (A) | 21 | | commits a Class 2 felony.
| 22 | | (4) Any person convicted of unlawful sale or delivery | 23 | | of firearms in violation of
paragraph (a), (b), or (i) of | 24 | | subsection (A) in any school, on the real
property | 25 | | comprising a school, within 1,000 feet of the real property | 26 | | comprising
a school, at a school related activity, or on or |
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| 1 | | within 1,000 feet of any
conveyance owned, leased, or | 2 | | contracted by a school or school district to
transport | 3 | | students to or from school or a school related activity,
| 4 | | regardless of the time of day or time of year at which the | 5 | | offense
was committed, commits a Class 1 felony. Any person | 6 | | convicted of a second
or subsequent violation of unlawful | 7 | | sale or delivery of firearms in violation of paragraph
(a), | 8 | | (b), or (i) of subsection (A) in any school, on the real | 9 | | property
comprising a school, within 1,000 feet of the real | 10 | | property comprising a
school, at a school related activity, | 11 | | or on or within 1,000 feet of any
conveyance owned, leased, | 12 | | or contracted by a school or school district to
transport | 13 | | students to or from school or a school related activity,
| 14 | | regardless of the time of day or time of year at which the | 15 | | offense
was committed, commits a Class 1 felony for which | 16 | | the sentence shall be a
term of imprisonment of no less | 17 | | than 5 years and no more than 15 years.
| 18 | | (5) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (a) or (i) of | 20 | | subsection (A) in residential property owned,
operated, or | 21 | | managed by a public housing agency or leased by a public | 22 | | housing
agency as part of a scattered site or mixed-income | 23 | | development, in a public
park, in a
courthouse, on | 24 | | residential property owned, operated, or managed by a | 25 | | public
housing agency or leased by a public housing agency | 26 | | as part of a scattered site
or mixed-income development, on |
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| 1 | | the real property comprising any public park,
on the real
| 2 | | property comprising any courthouse, or on any public way | 3 | | within 1,000 feet
of the real property comprising any | 4 | | public park, courthouse, or residential
property owned, | 5 | | operated, or managed by a public housing agency or leased | 6 | | by a
public housing agency as part of a scattered site or | 7 | | mixed-income development
commits a
Class 2 felony.
| 8 | | (6) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of
paragraph (j) of subsection (A) | 10 | | commits a Class A misdemeanor. A second or
subsequent | 11 | | violation is a Class 4 felony. | 12 | | (7) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of paragraph (k) of subsection (A) | 14 | | commits a Class 4 felony, except that a violation of | 15 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 16 | | not be punishable as a crime or petty offense. A third or | 17 | | subsequent conviction for a violation of paragraph (k) of | 18 | | subsection (A) is a Class 1 felony.
| 19 | | (8) A person 18 years of age or older convicted of | 20 | | unlawful sale or delivery of firearms in violation of | 21 | | paragraph (a) or (i) of subsection (A), when the firearm | 22 | | that was sold or given to another person under 18 years of | 23 | | age was used in the commission of or attempt to commit a | 24 | | forcible felony, shall be fined or imprisoned, or both, not | 25 | | to exceed the maximum provided for the most serious | 26 | | forcible felony so committed or attempted by the person |
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| 1 | | under 18 years of age who was sold or given the firearm. | 2 | | (9) Any person convicted of unlawful sale or delivery | 3 | | of firearms in violation of
paragraph (d) of subsection (A) | 4 | | commits a Class 3 felony. | 5 | | (10) Any person convicted of unlawful sale or delivery | 6 | | of firearms in violation of paragraph (l) of subsection (A) | 7 | | commits a Class 2 felony if the delivery is of one firearm. | 8 | | Any person convicted of unlawful sale or delivery of | 9 | | firearms in violation of paragraph (l) of subsection (A) | 10 | | commits a Class 1 felony if the delivery is of not less | 11 | | than 2 and not more than 5 firearms at the
same time or | 12 | | within a one year period. Any person convicted of unlawful | 13 | | sale or delivery of firearms in violation of paragraph (l) | 14 | | of subsection (A) commits a Class X felony for which he or | 15 | | she shall be sentenced
to a term of imprisonment of not | 16 | | less than 6 years and not more than 30
years if the | 17 | | delivery is of not less than 6 and not more than 10 | 18 | | firearms at the
same time or within a 2 year period. Any | 19 | | person convicted of unlawful sale or delivery of firearms | 20 | | in violation of paragraph (l) of subsection (A) commits a | 21 | | Class X felony for which he or she shall be sentenced
to a | 22 | | term of imprisonment of not less than 6 years and not more | 23 | | than 40
years if the delivery is of not less than 11 and | 24 | | not more than 20 firearms at the
same time or within a 3 | 25 | | year period. Any person convicted of unlawful sale or | 26 | | delivery of firearms in violation of paragraph (l) of |
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| 1 | | subsection (A) commits a Class X felony for which he or she | 2 | | shall be sentenced
to a term of imprisonment of not less | 3 | | than 6 years and not more than 50
years if the delivery is | 4 | | of not less than 21 and not more than 30 firearms at the
| 5 | | same time or within a 4 year period. Any person convicted | 6 | | of unlawful sale or delivery of firearms in violation of | 7 | | paragraph (l) of subsection (A) commits a Class X felony | 8 | | for which he or she shall be sentenced
to a term of | 9 | | imprisonment of not less than 6 years and not more than 60
| 10 | | years if the delivery is of 31 or more firearms at the
same | 11 | | time or within a 5 year period. | 12 | | (D) For purposes of this Section:
| 13 | | "School" means a public or private elementary or secondary | 14 | | school,
community college, college, or university.
| 15 | | "School related activity" means any sporting, social, | 16 | | academic, or
other activity for which students' attendance or | 17 | | participation is sponsored,
organized, or funded in whole or in | 18 | | part by a school or school district.
| 19 | | (E) A prosecution for a violation of paragraph (k) of | 20 | | subsection (A) of this Section may be commenced within 6 years | 21 | | after the commission of the offense. A prosecution for a | 22 | | violation of this Section other than paragraph (g) of | 23 | | subsection (A) of this Section may be commenced within 5 years | 24 | | after the commission of the offense defined in the particular | 25 | | paragraph.
| 26 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
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| 1 | | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| 2 | | Section 10-25. The Code of Criminal Procedure of 1963 is | 3 | | amended by changing Sections 114-15, 119-1, and 122-2.2 as | 4 | | follows: | 5 | | (725 ILCS 5/114-15)
| 6 | | Sec. 114-15. Intellectual disability. | 7 | | (a) In a first degree murder case in which the State seeks | 8 | | the death
penalty as an appropriate sentence or in a death | 9 | | penalty murder case , any party may raise the issue of the
| 10 | | defendant's intellectual disabilities by motion. A defendant | 11 | | wishing to raise the
issue of his or her intellectual | 12 | | disabilities shall provide written notice to the
State
and the | 13 | | court as soon as the defendant reasonably believes such issue | 14 | | will be
raised.
| 15 | | (b) The issue of the defendant's intellectual disabilities | 16 | | shall be
determined in a pretrial hearing. The court shall be | 17 | | the fact finder on the
issue of the defendant's intellectual | 18 | | disabilities and shall determine the issue by a
preponderance | 19 | | of evidence in which the moving party has the burden of proof.
| 20 | | The court may appoint an expert in the field of intellectual | 21 | | disabilities. The defendant and the State may offer experts | 22 | | from the
field of intellectual disabilities. The court shall | 23 | | determine admissibility of
evidence and qualification as an | 24 | | expert.
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| 1 | | (c) If after a plea of guilty to first degree murder or | 2 | | death penalty murder , or a finding of guilty
of first degree | 3 | | murder or death penalty murder in a bench trial, or a verdict | 4 | | of guilty for first
degree
murder or death penalty murder in a | 5 | | jury trial, or on a matter remanded from the Supreme Court for
| 6 | | sentencing for first degree murder or death penalty murder , and | 7 | | the State seeks the death penalty as an
appropriate sentence, | 8 | | the defendant may raise the issue of defendant's intellectual | 9 | | disabilities not at eligibility but at aggravation and | 10 | | mitigation. The
defendant
and the State may offer experts from | 11 | | the field of intellectual disabilities. The
court shall | 12 | | determine admissibility of evidence and qualification as an | 13 | | expert.
| 14 | | (d) In determining whether the defendant is a person with | 15 | | an intellectual disability, the intellectual disability
must | 16 | | have manifested itself by the age of 18.
IQ tests and | 17 | | psychometric tests administered to the defendant
must be the | 18 | | kind and type recognized by experts in the field of | 19 | | intellectual disabilities. In order for the defendant to be | 20 | | considered a person with an intellectual disability, a
low IQ | 21 | | must be accompanied by
significant deficits in adaptive | 22 | | behavior in at least 2 of
the
following skill areas: | 23 | | communication, self-care, social or interpersonal
skills,
home | 24 | | living, self-direction, academics, health and safety, use of | 25 | | community
resources, and work.
An
intelligence quotient (IQ) of | 26 | | 75 or below is presumptive evidence of an intellectual |
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| 1 | | disability.
| 2 | | (e) Evidence of an intellectual disability that did not | 3 | | result in disqualifying
the case as a capital case, may be | 4 | | introduced as evidence in mitigation
during a capital | 5 | | sentencing hearing. A failure of the court to determine that
| 6 | | the defendant is a person with an intellectual disability does | 7 | | not preclude the court during trial
from allowing evidence | 8 | | relating to mental disability should the court deem it
| 9 | | appropriate.
| 10 | | (f) If the court determines at a pretrial hearing or after | 11 | | remand that a
capital defendant
is a person with an | 12 | | intellectual disability, and the State does not appeal pursuant | 13 | | to Supreme Court
Rule 604, the case shall no longer be | 14 | | considered a capital case and the
procedural guidelines | 15 | | established for capital cases shall no longer be
applicable to | 16 | | the defendant. In that case, the defendant shall be sentenced
| 17 | | under the sentencing provisions of Chapter V of the Unified | 18 | | Code of
Corrections.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15.) | 20 | | (725 ILCS 5/119-1) | 21 | | Sec. 119-1. Death penalty abolished. | 22 | | (a) Except as otherwise provided in subsection (a-5) of | 23 | | this Section, beginning Beginning on the effective date of this | 24 | | amendatory Act of the 96th General Assembly, notwithstanding | 25 | | any other law to the contrary, the death penalty is abolished |
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| 1 | | and a sentence to death may not be imposed. | 2 | | (a-5) A sentence of death shall be imposed for death | 3 | | penalty murder. | 4 | | (b) All unobligated and unexpended moneys remaining in the | 5 | | Capital Litigation Trust Fund on the effective date of this | 6 | | amendatory Act of the 96th General Assembly shall be | 7 | | transferred into the Death Penalty Abolition Fund, a special | 8 | | fund in the State treasury, to be expended by the Illinois | 9 | | Criminal Justice Information Authority, for services for | 10 | | families of victims of homicide or murder and for training of | 11 | | law enforcement personnel.
| 12 | | (Source: P.A. 96-1543, eff. 7-1-11 .) | 13 | | (725 ILCS 5/122-2.2)
| 14 | | Sec. 122-2.2. Intellectual disability and post-conviction | 15 | | relief.
| 16 | | (a) In cases where no determination of an intellectual | 17 | | disability was made and a
defendant has been convicted of | 18 | | first-degree
murder or death penalty murder , sentenced to | 19 | | death, and is in custody pending execution of the
sentence of | 20 | | death, the following procedures shall apply:
| 21 | | (1) Notwithstanding any other provision of law or rule | 22 | | of court, a
defendant may seek relief from the death | 23 | | sentence through a petition for
post-conviction relief | 24 | | under this Article alleging that the defendant was a person | 25 | | with an intellectual disability
as defined in Section |
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| 1 | | 114-15 at the time the offense was
alleged to have been
| 2 | | committed.
| 3 | | (2) The petition must be filed within 180 days of the | 4 | | effective date of
this
amendatory Act of the 93rd General | 5 | | Assembly or within 180 days of the
issuance of the mandate | 6 | | by the Illinois Supreme Court setting the date of
| 7 | | execution, whichever is later.
| 8 | | (b) All other provisions of this Article governing | 9 | | petitions for
post-conviction relief shall apply to a petition | 10 | | for post-conviction relief
alleging an intellectual | 11 | | disability.
| 12 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.) | 13 | | (725 ILCS 165/Act rep.) | 14 | | Section 10-30. The Firearm Seizure Act is repealed. | 15 | | Section 10-35. The Unified Code of Corrections is amended | 16 | | by changing Section 5-4.5-10 and by adding Section 5-4.5-20.5 | 17 | | as follows: | 18 | | (730 ILCS 5/5-4.5-10) | 19 | | Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS. | 20 | | (a) FELONY CLASSIFICATIONS. Felonies are classified, for | 21 | | the purpose of sentencing, as follows: | 22 | | (1) First degree murder (as a separate class of | 23 | | felony). |
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| 1 | | (1.5) Death penalty murder (as a separate class of | 2 | | felony). | 3 | | (2) Class X felonies. | 4 | | (3) Class 1 felonies. | 5 | | (4) Class 2 felonies. | 6 | | (5) Class 3 felonies. | 7 | | (6) Class 4 felonies. | 8 | | (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are | 9 | | classified, for the purpose of sentencing, as follows: | 10 | | (1) Class A misdemeanors. | 11 | | (2) Class B misdemeanors. | 12 | | (3) Class C misdemeanors.
| 13 | | (c) PETTY AND BUSINESS OFFENSES. Petty offenses and | 14 | | business offenses are not classified.
| 15 | | (Source: P.A. 95-1052, eff. 7-1-09 .) | 16 | | (730 ILCS 5/5-4.5-20.5 new) | 17 | | Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death | 18 | | penalty murder, the defendant shall be sentenced to death, | 19 | | unless the trial judge finds that the defendant has, by a | 20 | | preponderance of the evidence, presented sufficiently | 21 | | substantial evidence to outweigh the circumstances of the | 22 | | offense and the evidence presented by the prosecution at the | 23 | | sentencing hearing, in which case the judge shall sentence the | 24 | | defendant to life imprisonment without the possibility of | 25 | | parole. |
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| 1 | | Article 999. Effective Date.
| 2 | | Section 999-5. Effective date. This Act takes effect upon | 3 | | becoming law.".
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