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Public Act 104-0030
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| HB1373 Enrolled | LRB104 07544 RLC 17588 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by |
changing Sections 2-13 and 24-8 as follows:
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(720 ILCS 5/2-13) (from Ch. 38, par. 2-13) |
Sec. 2-13. "Peace officer". "Peace officer" means (i) any |
person who by virtue of the person's his office or public |
employment is vested by law with a duty to maintain public |
order or to make arrests for offenses, whether that duty |
extends to all offenses or is limited to specific offenses, or |
(ii) any person who, by statute, is granted and authorized to |
exercise powers similar to those conferred upon any peace |
officer employed by a law enforcement agency of this State. |
For purposes of Sections concerning unlawful possession of |
weapons, for the purposes of assisting an Illinois peace |
officer in an arrest, or when the commission of any offense |
under Illinois law is directly observed by the person, and |
statutes involving the false personation of a peace officer, |
false personation of a peace officer while carrying a deadly |
weapon, false personation of a peace officer in attempting or |
committing a felony, and false personation of a peace officer |
in attempting or committing a forcible felony, then officers, |
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agents, or employees of the federal government commissioned by |
federal statute to make arrests for violations of federal |
criminal laws shall be considered "peace officers" under this |
Code, including, but not limited to, all criminal |
investigators of: |
(1) the United States Department of Justice, the |
Federal Bureau of Investigation, the Bureau of Alcohol, |
Tobacco, Firearms and Explosives, and the Drug Enforcement |
Administration and all United States Marshals or Deputy |
United States Marshals whose duties involve the |
enforcement of federal criminal laws; |
(1.5) the United States Department of Homeland |
Security, United States Citizenship and Immigration |
Services, United States Coast Guard, United States Customs |
and Border Protection, and United States Immigration and |
Customs Enforcement; |
(2) the United States Department of the Treasury, the |
Alcohol and Tobacco Tax and Trade Bureau, and the United |
States Secret Service; |
(3) the United States Internal Revenue Service; |
(4) the United States General Services Administration; |
(5) the United States Postal Service; |
(6) (blank); and |
(7) the United States Department of Defense. |
(Source: P.A. 102-558, eff. 8-20-21; 103-822, eff. 1-1-25.)
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(720 ILCS 5/24-8) |
Sec. 24-8. Firearm evidence. |
(a) Upon seizing or taking into custody recovering a |
firearm that was (i) unlawfully possessed, (ii) used for any |
unlawful purpose, (iii) recovered from the scene of a crime, |
or (iv) reasonably believed to have been used or associated |
with the commission of a crime, or when a firearm is acquired |
by the law enforcement agency as an abandoned, lost, or |
discarded firearm, from the possession of anyone who is not |
permitted by federal or State law to possess a firearm, a law |
enforcement agency shall use the best available information, |
including a firearms trace when necessary, to determine how |
and from whom the person gained possession of the firearm and . |
Upon recovering a firearm that was used in the commission of |
any offense classified as a felony or upon recovering a |
firearm that appears to have been lost, mislaid, stolen, or |
otherwise unclaimed, a law enforcement agency shall use the |
best available information, including a firearms trace, to |
determine prior ownership of the firearm. |
(b) Law enforcement shall, when appropriate, use the |
National Tracing Center of the Federal Bureau of Alcohol, |
Tobacco, and Firearms and Explosives and the National Crime |
Information Center of the Federal Bureau of Investigation in |
complying with subsection (a) of this Section. |
(b-5) Law enforcement shall use the National Tracing |
Center of the Federal Bureau of Alcohol, Tobacco, Firearms and |
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Explosives' eTrace platform or successor platform in complying |
with subsection (a). Law enforcement shall participate in the |
National Tracing Center of the Federal Bureau of Alcohol, |
Tobacco, Firearms and Explosives' eTrace platform or successor |
platform's collective data sharing program for the purpose of |
sharing firearm trace reports among all law enforcement |
agencies in this State on a reciprocal basis. |
(c) Law enforcement agencies shall use the Illinois State |
Police Law Enforcement Agencies Data System (LEADS) Gun File |
to enter all stolen, seized, or recovered firearms as |
prescribed by LEADS regulations and policies. |
(d) Whenever a law enforcement agency recovers a fired |
cartridge case at a crime scene or has reason to believe that |
the recovered fired cartridge case is related to or associated |
with the commission of a crime, the law enforcement agency |
shall submit the evidence to the National Integrated |
Ballistics Information Network (NIBIN) or an Illinois State |
Police laboratory for NIBIN processing. Whenever a law |
enforcement agency seizes or recovers a semiautomatic firearm |
that is deemed suitable to be entered into the NIBIN that was: |
(i) unlawfully possessed, (ii) used for any unlawful purpose, |
(iii) recovered from the scene of a crime, (iv) is reasonably |
believed to have been used or associated with the commission |
of a crime, or (v) is acquired by the law enforcement agency as |
an abandoned or discarded firearm, the law enforcement agency |
shall submit the evidence to the NIBIN or an Illinois State |
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Police laboratory for NIBIN processing. When practicable, all |
NIBIN-suitable evidence and NIBIN-suitable test fires from |
recovered firearms shall be entered into the NIBIN within 2 |
business days of submission to Illinois State Police |
laboratories that have NIBIN access or another NIBIN site. |
Exceptions to this may occur if the evidence in question |
requires analysis by other forensic disciplines. The Illinois |
State Police laboratory, submitting agency, and relevant court |
representatives shall determine whether the request for |
additional analysis outweighs the 2 business-day requirement. |
Illinois State Police laboratories that do not have NIBIN |
access shall submit NIBIN-suitable evidence and test fires to |
an Illinois State Police laboratory with NIBIN access. Upon |
receipt at the laboratory with NIBIN access, when practicable, |
the evidence and test fires shall be entered into the NIBIN |
within 2 business days. Exceptions to this 2 business-day |
requirement may occur if the evidence in question requires |
analysis by other forensic disciplines. The Illinois State |
Police laboratory, submitting agency, and relevant court |
representatives shall determine whether the request for |
additional analysis outweighs the 2 business-day requirement. |
Nothing in this Section shall be interpreted to conflict with |
standards and policies for NIBIN sites as promulgated by the |
federal Bureau of Alcohol, Tobacco, Firearms and Explosives or |
successor agencies. |
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |