101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3192

 

Introduced 2/11/2020, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2
730 ILCS 5/3-2-13 new
730 ILCS 125/26.1 new

    Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Deletes language regarding the use of firearms by athletes at the 2016 Olympic and Paralympic Games.


LRB101 13182 RLC 62022 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3192LRB101 13182 RLC 62022 b

1    AN ACT concerning correctional officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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

 

 

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

 

 

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1    of training for a security officer and 20 hours of required
2    firearm training, and has been issued a firearm control
3    card by the Department of Financial and Professional
4    Regulation. Conditions for the renewal of firearm control
5    cards issued under the provisions of this Section shall be
6    the same as for those cards issued under the provisions of
7    the Private Detective, Private Alarm, Private Security,
8    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
9    control card shall be carried by the security guard at all
10    times when he or she is in possession of a concealable
11    weapon permitted by his or her firearm control card.
12        (7) Agents and investigators of the Illinois
13    Legislative Investigating Commission authorized by the
14    Commission to carry the weapons specified in subsections
15    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
16    any investigation for the Commission.
17        (8) Persons employed by a financial institution as a
18    security guard for the protection of other employees and
19    property related to such financial institution, while
20    actually engaged in the performance of their duties,
21    commuting between their homes and places of employment, or
22    traveling between sites or properties owned or operated by
23    such financial institution, and who, as a security guard,
24    is a member of a security force registered with the
25    Department; provided that any person so employed has
26    successfully completed a course of study, approved by and

 

 

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1    supervised by the Department of Financial and Professional
2    Regulation, consisting of not less than 40 hours of
3    training which includes theory of law enforcement,
4    liability for acts, and the handling of weapons. A person
5    shall be considered to be eligible for this exemption if he
6    or she has completed the required 20 hours of training for
7    a security officer and 20 hours of required firearm
8    training, and has been issued a firearm control card by the
9    Department of Financial and Professional Regulation.
10    Conditions for renewal of firearm control cards issued
11    under the provisions of this Section shall be the same as
12    for those issued under the provisions of the Private
13    Detective, Private Alarm, Private Security, Fingerprint
14    Vendor, and Locksmith Act of 2004. The firearm control card
15    shall be carried by the security guard at all times when he
16    or she is in possession of a concealable weapon permitted
17    by his or her firearm control card. For purposes of this
18    subsection, "financial institution" means a bank, savings
19    and loan association, credit union or company providing
20    armored car services.
21        (9) Any person employed by an armored car company to
22    drive an armored car, while actually engaged in the
23    performance of his duties.
24        (10) Persons who have been classified as peace officers
25    pursuant to the Peace Officer Fire Investigation Act.
26        (11) Investigators of the Office of the State's

 

 

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1    Attorneys Appellate Prosecutor authorized by the board of
2    governors of the Office of the State's Attorneys Appellate
3    Prosecutor to carry weapons pursuant to Section 7.06 of the
4    State's Attorneys Appellate Prosecutor's Act.
5        (12) Special investigators appointed by a State's
6    Attorney under Section 3-9005 of the Counties Code.
7        (12.5) Probation officers while in the performance of
8    their duties, or while commuting between their homes,
9    places of employment or specific locations that are part of
10    their assigned duties, with the consent of the chief judge
11    of the circuit for which they are employed, if they have
12    received weapons training according to requirements of the
13    Peace Officer and Probation Officer Firearm Training Act.
14        (13) Court Security Officers while in the performance
15    of their official duties, or while commuting between their
16    homes and places of employment, with the consent of the
17    Sheriff.
18        (13.5) A person employed as an armed security guard at
19    a nuclear energy, storage, weapons or development site or
20    facility regulated by the Nuclear Regulatory Commission
21    who has completed the background screening and training
22    mandated by the rules and regulations of the Nuclear
23    Regulatory Commission.
24        (14) Manufacture, transportation, or sale of weapons
25    to persons authorized under subdivisions (1) through
26    (13.5) of this subsection to possess those weapons.

 

 

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1    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
2to or affect any person carrying a concealed pistol, revolver,
3or handgun and the person has been issued a currently valid
4license under the Firearm Concealed Carry Act at the time of
5the commission of the offense.
6     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
7to or affect a qualified current or retired law enforcement
8officer qualified under the laws of this State or under the
9federal Law Enforcement Officers Safety Act.
10    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any of the following:
12        (1) Members of any club or organization organized for
13    the purpose of practicing shooting at targets upon
14    established target ranges, whether public or private, and
15    patrons of such ranges, while such members or patrons are
16    using their firearms on those target ranges.
17        (2) Duly authorized military or civil organizations
18    while parading, with the special permission of the
19    Governor.
20        (3) Hunters, trappers or fishermen with a license or
21    permit while engaged in hunting, trapping or fishing.
22        (4) Transportation of weapons that are broken down in a
23    non-functioning state or are not immediately accessible.
24        (5) Carrying or possessing any pistol, revolver, stun
25    gun or taser or other firearm on the land or in the legal
26    dwelling of another person as an invitee with that person's

 

 

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1    permission.
2    (c) Subsection 24-1(a)(7) does not apply to or affect any
3of the following:
4        (1) Peace officers while in performance of their
5    official duties.
6        (2) Wardens, superintendents and keepers of prisons,
7    penitentiaries, jails and other institutions for the
8    detention of persons accused or convicted of an offense.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duty.
12        (4) Manufacture, transportation, or sale of machine
13    guns to persons authorized under subdivisions (1) through
14    (3) of this subsection to possess machine guns, if the
15    machine guns are broken down in a non-functioning state or
16    are not immediately accessible.
17        (5) Persons licensed under federal law to manufacture
18    any weapon from which 8 or more shots or bullets can be
19    discharged by a single function of the firing device, or
20    ammunition for such weapons, and actually engaged in the
21    business of manufacturing such weapons or ammunition, but
22    only with respect to activities which are within the lawful
23    scope of such business, such as the manufacture,
24    transportation, or testing of such weapons or ammunition.
25    This exemption does not authorize the general private
26    possession of any weapon from which 8 or more shots or

 

 

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1    bullets can be discharged by a single function of the
2    firing device, but only such possession and activities as
3    are within the lawful scope of a licensed manufacturing
4    business described in this paragraph.
5        During transportation, such weapons shall be broken
6    down in a non-functioning state or not immediately
7    accessible.
8        (6) The manufacture, transport, testing, delivery,
9    transfer or sale, and all lawful commercial or experimental
10    activities necessary thereto, of rifles, shotguns, and
11    weapons made from rifles or shotguns, or ammunition for
12    such rifles, shotguns or weapons, where engaged in by a
13    person operating as a contractor or subcontractor pursuant
14    to a contract or subcontract for the development and supply
15    of such rifles, shotguns, weapons or ammunition to the
16    United States government or any branch of the Armed Forces
17    of the United States, when such activities are necessary
18    and incident to fulfilling the terms of such contract.
19        The exemption granted under this subdivision (c)(6)
20    shall also apply to any authorized agent of any such
21    contractor or subcontractor who is operating within the
22    scope of his employment, where such activities involving
23    such weapon, weapons or ammunition are necessary and
24    incident to fulfilling the terms of such contract.
25        (7) A person possessing a rifle with a barrel or
26    barrels less than 16 inches in length if: (A) the person

 

 

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1    has been issued a Curios and Relics license from the U.S.
2    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
3    the person is an active member of a bona fide, nationally
4    recognized military re-enacting group and the modification
5    is required and necessary to accurately portray the weapon
6    for historical re-enactment purposes; the re-enactor is in
7    possession of a valid and current re-enacting group
8    membership credential; and the overall length of the weapon
9    as modified is not less than 26 inches.
10    (d) Subsection 24-1(a)(1) does not apply to the purchase,
11possession or carrying of a black-jack or slung-shot by a peace
12officer.
13    (e) Subsection 24-1(a)(8) does not apply to any owner,
14manager or authorized employee of any place specified in that
15subsection nor to any law enforcement officer.
16    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17Section 24-1.6 do not apply to members of any club or
18organization organized for the purpose of practicing shooting
19at targets upon established target ranges, whether public or
20private, while using their firearms on those target ranges.
21    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22to:
23        (1) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while in
25    the performance of their official duty.
26        (2) Bonafide collectors of antique or surplus military

 

 

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1    ordnance.
2        (3) Laboratories having a department of forensic
3    ballistics, or specializing in the development of
4    ammunition or explosive ordnance.
5        (4) Commerce, preparation, assembly or possession of
6    explosive bullets by manufacturers of ammunition licensed
7    by the federal government, in connection with the supply of
8    those organizations and persons exempted by subdivision
9    (g)(1) of this Section, or like organizations and persons
10    outside this State, or the transportation of explosive
11    bullets to any organization or person exempted in this
12    Section by a common carrier or by a vehicle owned or leased
13    by an exempted manufacturer.
14    (g-5) Subsection 24-1(a)(6) does not apply to or affect
15persons licensed under federal law to manufacture any device or
16attachment of any kind designed, used, or intended for use in
17silencing the report of any firearm, firearms, or ammunition
18for those firearms equipped with those devices, and actually
19engaged in the business of manufacturing those devices,
20firearms, or ammunition, but only with respect to activities
21that are within the lawful scope of that business, such as the
22manufacture, transportation, or testing of those devices,
23firearms, or ammunition. This exemption does not authorize the
24general private possession of any device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm, but only such possession and activities

 

 

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1as are within the lawful scope of a licensed manufacturing
2business described in this subsection (g-5). During
3transportation, these devices shall be detached from any weapon
4or not immediately accessible.
5    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any parole agent or parole
7supervisor who meets the qualifications and conditions
8prescribed in Section 3-14-1.5 of the Unified Code of
9Corrections.
10    (g-7) Subsection 24-1(a)(6) does not apply to a peace
11officer while serving as a member of a tactical response team
12or special operations team. A peace officer may not personally
13own or apply for ownership of a device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm. These devices shall be owned and
16maintained by lawfully recognized units of government whose
17duties include the investigation of criminal acts.
18    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any currently employed or
20retired:
21        (1) State correctional officer who meets the
22    qualifications and conditions prescribed in Section 3-2-13
23    of the Unified Code of Corrections; or
24        (2) county correctional officer who meets the
25    qualifications and conditions prescribed in Section 26.1
26    of the County Jail Act.

 

 

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

 

 

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.
4(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
5    Section 10. The Unified Code of Corrections is amended by
6adding Section 3-2-13 as follows:
 
7    (730 ILCS 5/3-2-13 new)
8    Sec. 3-2-13. State correctional officers; off-duty
9firearms.
10    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 of the Criminal Code of 2012 do not apply to currently
12employed or retired State correctional officers who meet the
13following conditions:
14        (1) The currently employed or retired State
15    correctional officer must be at least 21 years of age and
16    possess a valid Firearm Owner's Identification Card as
17    prescribed in the Firearm Owners Identification Card Act,
18    receive training in the use of firearms while off duty
19    conducted by the Illinois Law Enforcement Training
20    Standards Board, and be certified as successfully
21    completing the training by the Board. The Board shall
22    determine the amount of the training and the course content
23    for the training. The currently employed or retired State
24    correctional officer shall requalify for the firearms

 

 

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1    training annually at a State range certified by the
2    Illinois Law Enforcement Training Standards Board. The
3    expenses of the retraining shall be paid by the currently
4    employed or retired State correctional officer and moneys
5    for the costs of the requalification shall be expended at
6    the request of the Illinois Law Enforcement Training
7    Standards Board.
8        (2) The currently employed or retired State
9    correctional officer shall purchase the firearm at his or
10    her own expense and shall register the firearm with the
11    Illinois Department of State Police and with any other
12    local law enforcement agencies that require the
13    registration.
14        (3) The currently employed or retired State
15    correctional officer may not carry any Illinois Department
16    of Corrections or Department of Juvenile Justice
17    State-issued firearm while off duty. A person who violates
18    this paragraph (3) is subject to disciplinary action by the
19    Illinois Department of Corrections or the Department of
20    Juvenile Justice.
21        (4) State correctional officers who are or were
22    discharged from employment by the Illinois Department of
23    Corrections or the Department of Juvenile Justice for cause
24    shall no longer be considered law enforcement officials and
25    all their rights as law enforcement officials shall be
26    revoked permanently, unless employed thereafter by the

 

 

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1    Department of Corrections or the Department of Juvenile
2    Justice.
3    (b) As used in this Section, "State correctional officer"
4means an employee of the Department of Corrections or the
5Department of Juvenile Justice who has custody and control over
6inmates in an adult or juvenile correctional facility.
 
7    Section 15. The County Jail Act is amended by adding
8Section 26.1 as follows:
 
9    (730 ILCS 125/26.1 new)
10    Sec. 26.1. County correctional officers; off-duty
11firearms.
12    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 of the Criminal Code of 2012 do not apply to currently
14employed or retired county correctional officers who meet the
15following conditions:
16        (1) The currently employed or retired county
17    correctional officer must be at least 21 years of age and
18    possess a valid Firearm Owner's Identification Card as
19    prescribed in the Firearm Owners Identification Card Act,
20    receive training in the use of firearms while off duty
21    conducted by the Illinois Law Enforcement Training
22    Standards Board, and be certified as successfully
23    completing the training by the Board. The Board shall
24    determine the amount of the training and the course content

 

 

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1    for the training. The currently employed or retired county
2    correctional officer shall requalify for the firearms
3    training annually at a State range certified by the
4    Illinois Law Enforcement Training Standards Board. The
5    expenses of the retraining shall be paid by the currently
6    employed or retired county correctional officer and moneys
7    for the costs of the requalification shall be expended at
8    the request of the Illinois Law Enforcement Training
9    Standards Board.
10        (2) The currently employed or retired county
11    correctional officer shall purchase the firearm at his or
12    her own expense and shall register the firearm with the
13    Illinois Department of State Police and with any other
14    local law enforcement agencies that require the
15    registration.
16        (3) The currently employed or retired county
17    correctional officer may not carry any county
18    sheriff-issued firearm while off duty. A person who
19    violates this paragraph (3) is subject to disciplinary
20    action by the county sheriff.
21        (4) County correctional officers who are or were
22    discharged from employment by a county sheriff for cause
23    shall no longer be considered law enforcement officials and
24    all their rights as law enforcement officials shall be
25    revoked permanently, unless employed thereafter by a
26    county sheriff.

 

 

SB3192- 18 -LRB101 13182 RLC 62022 b

1    (b) As used in this Section, "county correctional officer"
2means an employee of the county who has custody and control
3over inmates in a county jail or juvenile detention center.