102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0150

 

Introduced 1/22/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB102 04211 RLC 14228 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0150LRB102 04211 RLC 14228 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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

 

 

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

 

 

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

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act before the
3    effective date of this amendatory Act of the 102nd General
4    Assembly or applied for or received a concealed carry
5    license under the Firearm Concealed Carry Act, unless
6    otherwise authorized by the Firearm Concealed Carry Act;
7    and databases under the Firearm Concealed Carry Act,
8    records of the Concealed Carry Licensing Review Board
9    under the Firearm Concealed Carry Act, and law enforcement
10    agency objections under the Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of
23    an eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

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

 

 

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1    and temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session
15    prohibited from disclosure under the First Responders
16    Suicide Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of

 

 

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1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
23100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
248-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
25eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
26100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

 

 

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16-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
2eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
3101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
41-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
5eff. 7-7-20.)
 
6    Section 6. The Gun Trafficking Information Act is amended
7by changing Section 10-5 as follows:
 
8    (5 ILCS 830/10-5)
9    Sec. 10-5. Gun trafficking information.
10    (a) The Department of State Police shall use all
11reasonable efforts in making publicly available, on a regular
12and ongoing basis, key information related to firearms used in
13the commission of crimes in this State, including, but not
14limited to: reports on crimes committed with firearms,
15locations where the crimes occurred, the number of persons
16killed or injured in the commission of the crimes, the state
17where the firearms used originated, the Federal Firearms
18Licensee that sold the firearm, and the type of firearms used.
19The Department shall make the information available on its
20website, in addition to electronically filing a report with
21the Governor and the General Assembly. The report to the
22General Assembly shall be filed with the Clerk of the House of
23Representatives and the Secretary of the Senate in electronic
24form only, in the manner that the Clerk and the Secretary shall

 

 

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1direct.
2    (b) The Department shall study, on a regular and ongoing
3basis, and compile reports on the number of NICS Firearm
4Owner's Identification Card checks to determine firearms
5trafficking or straw purchase patterns. The Department shall,
6to the extent not inconsistent with law, share such reports
7and underlying data with academic centers, foundations, and
8law enforcement agencies studying firearms trafficking,
9provided that personally identifying information is protected.
10For purposes of this subsection (b), a Firearm Owner's
11Identification Card number is not personally identifying
12information, provided that no other personal information of
13the card holder is attached to the record. The Department may
14create and attach an alternate unique identifying number to
15each Firearm Owner's Identification Card number, instead of
16releasing the Firearm Owner's Identification Card number
17itself.
18    (c) Each department, office, division, and agency of this
19State shall, to the extent not inconsistent with law,
20cooperate fully with the Department and furnish the Department
21with all relevant information and assistance on a timely basis
22as is necessary to accomplish the purpose of this Act. The
23Illinois Criminal Justice Information Authority shall submit
24the information required in subsection (a) of this Section to
25the Department of State Police, and any other information as
26the Department may request, to assist the Department in

 

 

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1carrying out its duties under this Act.
2(Source: P.A. 100-1178, eff. 1-18-19.)
 
3    Section 7. The Department of Natural Resources
4(Conservation) Law of the Civil Administrative Code of
5Illinois is amended by changing Section 805-538 as follows:
 
6    (20 ILCS 805/805-538)
7    Sec. 805-538. Retiring officer; purchase of service
8firearm and police badge. The Director of Natural Resources
9shall establish a program to allow a Conservation Police
10Officer who is honorably retiring in good standing to purchase
11either one or both of the following: (1) any Department of
12Natural Resources police badge previously issued to that
13officer; or (2) if the officer has a currently valid Firearm
14Owner's Identification Card, the service firearm issued or
15previously issued to the officer by the Department of Natural
16Resources. The cost of the firearm shall be the replacement
17value of the firearm and not the firearm's fair market value.
18(Source: P.A. 100-931, eff. 8-17-18.)
 
19    Section 10. The Department of State Police Law of the
20Civil Administrative Code of Illinois is amended by changing
21Sections 2605-45, 2605-300, and 2605-595 as follows:
 
22    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)

 

 

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1    Sec. 2605-45. Division of Justice Services. The Division
2of Justice Services shall exercise the following functions:
3        (1) (Blank).
4        (2) Pursue research and the publication of studies
5    pertaining to local law enforcement activities.
6        (3) (Blank).
7        (4) Operate an electronic data processing and computer
8    center for the storage and retrieval of data pertaining to
9    criminal activity.
10        (5) Exercise the rights, powers, and duties vested in
11    the former Division of State Troopers by Section 17 of the
12    State Police Act.
13        (6) (Blank).
14        (6.5) (Blank). Exercise the rights, powers, and duties
15    vested in the Department by the Firearm Owners
16    Identification Card Act.
17        (7) Exercise other duties that may be assigned by the
18    Director to fulfill the responsibilities and achieve the
19    purposes of the Department.
20        (8) Exercise the rights, powers, and duties vested by
21    law in the Department by the Criminal Identification Act.
22(Source: P.A. 101-378, eff. 1-1-20.)
 
23    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-300. Records; crime laboratories; personnel. To
25do the following:

 

 

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1        (1) Be a central repository and custodian of criminal
2    statistics for the State.
3        (2) Be a central repository for criminal history
4    record information.
5        (3) Procure and file for record information that is
6    necessary and helpful to plan programs of crime
7    prevention, law enforcement, and criminal justice.
8        (4) Procure and file for record copies of fingerprints
9    that may be required by law.
10        (5) Establish general and field crime laboratories.
11        (6) Register and file for record information that may
12    be required by law for the issuance of firearm owner's
13    identification cards under the Firearm Owners
14    Identification Card Act and concealed carry licenses under
15    the Firearm Concealed Carry Act.
16        (7) Employ laboratory technicians and other specially
17    qualified persons to aid in the identification of criminal
18    activity, and may employ polygraph operators.
19        (8) Undertake other identification, information,
20    laboratory, statistical, or registration activities that
21    may be required by law.
22(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
23    (20 ILCS 2605/2605-595)
24    Sec. 2605-595. State Police Firearm Services Fund.
25    (a) There is created in the State treasury a special fund

 

 

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1known as the State Police Firearm Services Fund. The Fund
2shall receive revenue under the Firearm Concealed Carry Act
3and Section 5 of the Firearm Owners Identification Card Act.
4The Fund may also receive revenue from grants, pass-through
5grants, donations, appropriations, and any other legal source.
6    (b) The Department of State Police may use moneys in the
7Fund to finance any of its lawful purposes, mandates,
8functions, and duties under the Firearm Owners Identification
9Card Act and the Firearm Concealed Carry Act, including the
10cost of sending notices of expiration of Firearm Owner's
11Identification Cards, concealed carry licenses, the prompt and
12efficient processing of applications under the Firearm Owners
13Identification Card Act and the Firearm Concealed Carry Act,
14the improved efficiency and reporting of the LEADS and federal
15NICS law enforcement data systems, and support for
16investigations required under that Act these Acts and law. Any
17surplus funds beyond what is needed to comply with the
18aforementioned purposes shall be used by the Department to
19improve the Law Enforcement Agencies Data System (LEADS) and
20criminal history background check system.
21    (c) Investment income that is attributable to the
22investment of moneys in the Fund shall be retained in the Fund
23for the uses specified in this Section.
24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
25    (20 ILCS 2605/2605-120 rep.)

 

 

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1    (20 ILCS 2605/2605-610 rep.)
2    Section 15. The Department of State Police Law of the
3Civil Administrative Code of Illinois is amended by repealing
4Sections 2605-120 and 2605-610.
 
5    Section 16. The State Police Act is amended by changing
6Section 17b as follows:
 
7    (20 ILCS 2610/17b)
8    Sec. 17b. Retiring officer; purchase of service firearm
9and police badge. The Director of State Police shall establish
10a policy to allow a State Police officer who is honorably
11retiring or separating in good standing to purchase either one
12or both of the following: (i) any State Police badge
13previously issued to that officer; or (ii) if the officer has a
14currently valid Firearm Owner's Identification Card, the
15service firearm issued or previously issued to the officer by
16the Department of State Police. The cost of the firearm
17purchased shall be the replacement value of the firearm and
18not the firearm's fair market value.
19(Source: P.A. 100-931, eff. 8-17-18.)
 
20    Section 20. The Criminal Identification Act is amended by
21changing Section 2.2 as follows:
 
22    (20 ILCS 2630/2.2)

 

 

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1    Sec. 2.2. Notification to the Department. Upon judgment of
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
4Code of 2012 when the defendant has been determined, pursuant
5to Section 112A-11.1 of the Code of Criminal Procedure of
61963, to be subject to the prohibitions of 18 U.S.C.
7922(g)(9), the circuit court clerk shall include notification
8and a copy of the written determination in a report of the
9conviction to the Department of State Police Firearm Owner's
10Identification Card Office to enable the Illinois State Police
11office to perform its duties under the Firearm Concealed Carry
12Act and Sections 4 and 8 of the Firearm Owners Identification
13Card Act and to report that determination to the Federal
14Bureau of Investigation to assist the Federal Bureau of
15Investigation in identifying persons prohibited from
16purchasing and possessing a firearm pursuant to the provisions
17of 18 U.S.C. 922. The written determination described in this
18Section shall be included in the defendant's record of arrest
19and conviction in the manner and form prescribed by the
20Department of State Police.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
22    Section 25. The State Finance Act is amended by changing
23Section 6z-99 as follows:
 
24    (30 ILCS 105/6z-99)

 

 

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

 

 

HB0150- 18 -LRB102 04211 RLC 14228 b

1    (a) "Peace officer" means (i) any person who by virtue of
2his office or public employment is vested by law with a primary
3duty to maintain public order or to make arrests for offenses,
4whether that duty extends to all offenses or is limited to
5specific offenses, and who is employed in such capacity by any
6county or municipality or (ii) any retired law enforcement
7officers qualified under federal law to carry a concealed
8weapon.
9    (a-5) "Probation officer" means a county probation officer
10authorized by the Chief Judge of the Circuit Court to carry a
11firearm as part of his or her duties under Section 12 of the
12Probation and Probation Officers Act and Section 24-2 of the
13Criminal Code of 2012.
14    (b) "Firearms" means any weapon or device defined as a
15firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
16"An Act relating to the acquisition, possession and transfer
17of firearms and firearm ammunition, to provide a penalty for
18the violation thereof and to make an appropriation in
19connection therewith", approved August 3, 1967, as amended.
20(Source: P.A. 98-725, eff. 1-1-15.)
 
21    (50 ILCS 725/7.2 rep.)
22    Section 31. The Uniform Peace Officers' Disciplinary Act
23is amended by repealing Section 7.2.
 
24    Section 35. The School Code is amended by changing

 

 

HB0150- 19 -LRB102 04211 RLC 14228 b

1Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
2    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
3    Sec. 10-22.6. Suspension or expulsion of pupils; school
4searches.
5    (a) To expel pupils guilty of gross disobedience or
6misconduct, including gross disobedience or misconduct
7perpetuated by electronic means, pursuant to subsection (b-20)
8of this Section, and no action shall lie against them for such
9expulsion. Expulsion shall take place only after the parents
10have been requested to appear at a meeting of the board, or
11with a hearing officer appointed by it, to discuss their
12child's behavior. Such request shall be made by registered or
13certified mail and shall state the time, place and purpose of
14the meeting. The board, or a hearing officer appointed by it,
15at such meeting shall state the reasons for dismissal and the
16date on which the expulsion is to become effective. If a
17hearing officer is appointed by the board, he shall report to
18the board a written summary of the evidence heard at the
19meeting and the board may take such action thereon as it finds
20appropriate. If the board acts to expel a pupil, the written
21expulsion decision shall detail the specific reasons why
22removing the pupil from the learning environment is in the
23best interest of the school. The expulsion decision shall also
24include a rationale as to the specific duration of the
25expulsion. An expelled pupil may be immediately transferred to

 

 

HB0150- 20 -LRB102 04211 RLC 14228 b

1an alternative program in the manner provided in Article 13A
2or 13B of this Code. A pupil must not be denied transfer
3because of the expulsion, except in cases in which such
4transfer is deemed to cause a threat to the safety of students
5or staff in the alternative program.
6    (b) To suspend or by policy to authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend pupils
9guilty of gross disobedience or misconduct, or to suspend
10pupils guilty of gross disobedience or misconduct on the
11school bus from riding the school bus, pursuant to subsections
12(b-15) and (b-20) of this Section, and no action shall lie
13against them for such suspension. The board may by policy
14authorize the superintendent of the district or the principal,
15assistant principal, or dean of students of any school to
16suspend pupils guilty of such acts for a period not to exceed
1710 school days. If a pupil is suspended due to gross
18disobedience or misconduct on a school bus, the board may
19suspend the pupil in excess of 10 school days for safety
20reasons.
21    Any suspension shall be reported immediately to the
22parents or guardian of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardian,

 

 

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1the school board or a hearing officer appointed by it shall
2review such action of the superintendent or principal,
3assistant principal, or dean of students. At such review, the
4parents or guardian of the pupil may appear and discuss the
5suspension with the board or its hearing officer. If a hearing
6officer is appointed by the board, he shall report to the board
7a written summary of the evidence heard at the meeting. After
8its hearing or upon receipt of the written report of its
9hearing officer, the board may take such action as it finds
10appropriate. If a student is suspended pursuant to this
11subsection (b), the board shall, in the written suspension
12decision, detail the specific act of gross disobedience or
13misconduct resulting in the decision to suspend. The
14suspension decision shall also include a rationale as to the
15specific duration of the suspension. A pupil who is suspended
16in excess of 20 school days may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the suspension, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22    (b-5) Among the many possible disciplinary interventions
23and consequences available to school officials, school
24exclusions, such as out-of-school suspensions and expulsions,
25are the most serious. School officials shall limit the number
26and duration of expulsions and suspensions to the greatest

 

 

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

 

 

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

 

 

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1to be provided or whether it was determined that there are no
2such appropriate and available services.
3    A school district may refer students who are expelled to
4appropriate and available support services.
5    A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8    (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parent or guardian to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16    (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such
18meeting whenever there is evidence that mental illness may be
19the cause for expulsion or suspension.
20    (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, the
26appropriate and available supportive services for the

 

 

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1promotion of student attendance and engagement, and
2developmentally appropriate disciplinary methods that promote
3positive and healthy school climates.
4    (d) The board may expel a student for a definite period of
5time not to exceed 2 calendar years, as determined on a
6case-by-case basis. A student who is determined to have
7brought one of the following objects to school, any
8school-sponsored activity or event, or any activity or event
9that bears a reasonable relationship to school shall be
10expelled for a period of not less than one year:
11        (1) A firearm. For the purposes of this Section,
12    "firearm" means any gun, rifle, shotgun, weapon as defined
13    by Section 921 of Title 18 of the United States Code,
14    firearm as defined in Section 2-7.5 1.1 of the Firearm
15    Owners Identification Card Act, or firearm as defined in
16    Section 24-1 of the Criminal Code of 2012. The expulsion
17    period under this subdivision (1) may be modified by the
18    superintendent, and the superintendent's determination may
19    be modified by the board on a case-by-case basis.
20        (2) A knife, brass knuckles or other knuckle weapon
21    regardless of its composition, a billy club, or any other
22    object if used or attempted to be used to cause bodily
23    harm, including "look alikes" of any firearm as defined in
24    subdivision (1) of this subsection (d). The expulsion
25    requirement under this subdivision (2) may be modified by
26    the superintendent, and the superintendent's determination

 

 

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1    may be modified by the board on a case-by-case basis.
2Expulsion or suspension shall be construed in a manner
3consistent with the federal Individuals with Disabilities
4Education Act. A student who is subject to suspension or
5expulsion as provided in this Section may be eligible for a
6transfer to an alternative school program in accordance with
7Article 13A of the School Code.
8    (d-5) The board may suspend or by regulation authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend a
11student for a period not to exceed 10 school days or may expel
12a student for a definite period of time not to exceed 2
13calendar years, as determined on a case-by-case basis, if (i)
14that student has been determined to have made an explicit
15threat on an Internet website against a school employee, a
16student, or any school-related personnel, (ii) the Internet
17website through which the threat was made is a site that was
18accessible within the school at the time the threat was made or
19was available to third parties who worked or studied within
20the school grounds at the time the threat was made, and (iii)
21the threat could be reasonably interpreted as threatening to
22the safety and security of the threatened individual because
23of his or her duties or employment status or status as a
24student inside the school.
25    (e) To maintain order and security in the schools, school
26authorities may inspect and search places and areas such as

 

 

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1lockers, desks, parking lots, and other school property and
2equipment owned or controlled by the school, as well as
3personal effects left in those places and areas by students,
4without notice to or the consent of the student, and without a
5search warrant. As a matter of public policy, the General
6Assembly finds that students have no reasonable expectation of
7privacy in these places and areas or in their personal effects
8left in these places and areas. School authorities may request
9the assistance of law enforcement officials for the purpose of
10conducting inspections and searches of lockers, desks, parking
11lots, and other school property and equipment owned or
12controlled by the school for illegal drugs, weapons, or other
13illegal or dangerous substances or materials, including
14searches conducted through the use of specially trained dogs.
15If a search conducted in accordance with this Section produces
16evidence that the student has violated or is violating either
17the law, local ordinance, or the school's policies or rules,
18such evidence may be seized by school authorities, and
19disciplinary action may be taken. School authorities may also
20turn over such evidence to law enforcement authorities.
21    (f) Suspension or expulsion may include suspension or
22expulsion from school and all school activities and a
23prohibition from being present on school grounds.
24    (g) A school district may adopt a policy providing that if
25a student is suspended or expelled for any reason from any
26public or private school in this or any other state, the

 

 

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1student must complete the entire term of the suspension or
2expulsion in an alternative school program under Article 13A
3of this Code or an alternative learning opportunities program
4under Article 13B of this Code before being admitted into the
5school district if there is no threat to the safety of students
6or staff in the alternative program.
7    (h) School officials shall not advise or encourage
8students to drop out voluntarily due to behavioral or academic
9difficulties.
10    (i) A student may not be issued a monetary fine or fee as a
11disciplinary consequence, though this shall not preclude
12requiring a student to provide restitution for lost, stolen,
13or damaged property.
14    (j) Subsections (a) through (i) of this Section shall
15apply to elementary and secondary schools, charter schools,
16special charter districts, and school districts organized
17under Article 34 of this Code.
18    (k) The expulsion of children enrolled in programs funded
19under Section 1C-2 of this Code is subject to the requirements
20under paragraph (7) of subsection (a) of Section 2-3.71 of
21this Code.
22    (l) Beginning with the 2018-2019 school year, an in-school
23suspension program provided by a school district for any
24students in kindergarten through grade 12 may focus on
25promoting non-violent conflict resolution and positive
26interaction with other students and school personnel. A school

 

 

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1district may employ a school social worker or a licensed
2mental health professional to oversee an in-school suspension
3program in kindergarten through grade 12.
4(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
67-12-19.)
 
7    (105 ILCS 5/10-27.1A)
8    Sec. 10-27.1A. Firearms in schools.
9    (a) All school officials, including teachers, guidance
10counselors, and support staff, shall immediately notify the
11office of the principal in the event that they observe any
12person in possession of a firearm on school grounds; provided
13that taking such immediate action to notify the office of the
14principal would not immediately endanger the health, safety,
15or welfare of students who are under the direct supervision of
16the school official or the school official. If the health,
17safety, or welfare of students under the direct supervision of
18the school official or of the school official is immediately
19endangered, the school official shall notify the office of the
20principal as soon as the students under his or her supervision
21and he or she are no longer under immediate danger. A report is
22not required by this Section when the school official knows
23that the person in possession of the firearm is a law
24enforcement official engaged in the conduct of his or her
25official duties. Any school official acting in good faith who

 

 

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1makes such a report under this Section shall have immunity
2from any civil or criminal liability that might otherwise be
3incurred as a result of making the report. The identity of the
4school official making such report shall not be disclosed
5except as expressly and specifically authorized by law.
6Knowingly and willfully failing to comply with this Section is
7a petty offense. A second or subsequent offense is a Class C
8misdemeanor.
9    (b) Upon receiving a report from any school official
10pursuant to this Section, or from any other person, the
11principal or his or her designee shall immediately notify a
12local law enforcement agency. If the person found to be in
13possession of a firearm on school grounds is a student, the
14principal or his or her designee shall also immediately notify
15that student's parent or guardian. Any principal or his or her
16designee acting in good faith who makes such reports under
17this Section shall have immunity from any civil or criminal
18liability that might otherwise be incurred or imposed as a
19result of making the reports. Knowingly and willfully failing
20to comply with this Section is a petty offense. A second or
21subsequent offense is a Class C misdemeanor. If the person
22found to be in possession of the firearm on school grounds is a
23minor, the law enforcement agency shall detain that minor
24until such time as the agency makes a determination pursuant
25to clause (a) of subsection (1) of Section 5-401 of the
26Juvenile Court Act of 1987, as to whether the agency

 

 

HB0150- 31 -LRB102 04211 RLC 14228 b

1reasonably believes that the minor is delinquent. If the law
2enforcement agency determines that probable cause exists to
3believe that the minor committed a violation of item (4) of
4subsection (a) of Section 24-1 of the Criminal Code of 2012
5while on school grounds, the agency shall detain the minor for
6processing pursuant to Section 5-407 of the Juvenile Court Act
7of 1987.
8    (c) On or after January 1, 1997, upon receipt of any
9written, electronic, or verbal report from any school
10personnel regarding a verified incident involving a firearm in
11a school or on school owned or leased property, including any
12conveyance owned, leased, or used by the school for the
13transport of students or school personnel, the superintendent
14or his or her designee shall report all such firearm-related
15incidents occurring in a school or on school property to the
16local law enforcement authorities immediately and to the
17Department of State Police in a form, manner, and frequency as
18prescribed by the Department of State Police.
19    The State Board of Education shall receive an annual
20statistical compilation and related data associated with
21incidents involving firearms in schools from the Department of
22State Police. The State Board of Education shall compile this
23information by school district and make it available to the
24public.
25    (d) As used in this Section, the term "firearm" shall have
26the meaning ascribed to it in Section 2-7.5 of the Criminal

 

 

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1Code of 2012 1.1 of the Firearm Owners Identification Card
2Act.
3    As used in this Section, the term "school" means any
4public or private elementary or secondary school.
5    As used in this Section, the term "school grounds"
6includes the real property comprising any school, any
7conveyance owned, leased, or contracted by a school to
8transport students to or from school or a school-related
9activity, or any public way within 1,000 feet of the real
10property comprising any school.
11(Source: P.A. 97-1150, eff. 1-25-13.)
 
12    (105 ILCS 5/34-8.05)
13    Sec. 34-8.05. Reporting firearms in schools. On or after
14January 1, 1997, upon receipt of any written, electronic, or
15verbal report from any school personnel regarding a verified
16incident involving a firearm in a school or on school owned or
17leased property, including any conveyance owned, leased, or
18used by the school for the transport of students or school
19personnel, the general superintendent or his or her designee
20shall report all such firearm-related incidents occurring in a
21school or on school property to the local law enforcement
22authorities no later than 24 hours after the occurrence of the
23incident and to the Department of State Police in a form,
24manner, and frequency as prescribed by the Department of State
25Police.

 

 

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1    The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. As used in this Section, the term "firearm"
5shall have the meaning ascribed to it in Section 2-7.5 of the
6Criminal Code of 2012 1.1 of the Firearm Owners Identification
7Card Act.
8(Source: P.A. 89-498, eff. 6-27-96.)
 
9    Section 40. The Illinois Explosives Act is amended by
10changing Section 2005 as follows:
 
11    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
12    Sec. 2005. Qualifications for licensure.
13    (a) No person shall qualify to hold a license who:
14        (1) is under 21 years of age;
15        (2) has been convicted in any court of a crime
16    punishable by imprisonment for a term exceeding one year;
17        (3) is under indictment for a crime punishable by
18    imprisonment for a term exceeding one year;
19        (4) is a fugitive from justice;
20        (5) is an unlawful user of or addicted to any
21    controlled substance as defined in Section 102 of the
22    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
23    seq.);
24        (6) has been adjudicated a person with a mental

 

 

HB0150- 34 -LRB102 04211 RLC 14228 b

1    disability as defined in Section 6-103.1 of the Mental
2    Health and Developmental Disabilities Code 1.1 of the
3    Firearm Owners Identification Card Act; or
4        (7) is not a legal citizen of the United States or
5    lawfully admitted for permanent residence.
6    (b) A person who has been granted a "relief from
7disabilities" regarding criminal convictions and indictments,
8pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
9845) may receive a license provided all other qualifications
10under this Act are met.
11(Source: P.A. 101-541, eff. 8-23-19.)
 
12    Section 45. The Private Detective, Private Alarm, Private
13Security, and Locksmith Act of 2004 is amended by changing
14Sections 35-30 and 35-35 as follows:
 
15    (225 ILCS 447/35-30)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 35-30. Employee requirements. All employees of a
18licensed agency, other than those exempted, shall apply for a
19permanent employee registration card. The holder of an agency
20license issued under this Act, known in this Section as
21"employer", may employ in the conduct of his or her business
22employees under the following provisions:
23    (a) No person shall be issued a permanent employee
24registration card who:

 

 

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1        (1) Is younger than 18 years of age.
2        (2) Is younger than 21 years of age if the services
3    will include being armed.
4        (3) Has been determined by the Department to be unfit
5    by reason of conviction of an offense in this or another
6    state, including registration as a sex offender, but not
7    including a traffic offense. Persons convicted of felonies
8    involving bodily harm, weapons, violence, or theft within
9    the previous 10 years shall be presumed to be unfit for
10    registration. The Department shall adopt rules for making
11    those determinations that shall afford the applicant due
12    process of law.
13        (4) Has had a license or permanent employee
14    registration card denied, suspended, or revoked under this
15    Act (i) within one year before the date the person's
16    application for permanent employee registration card is
17    received by the Department; and (ii) that refusal, denial,
18    suspension, or revocation was based on any provision of
19    this Act other than Section 40-50, item (6) or (8) of
20    subsection (a) of Section 15-10, subsection (b) of Section
21    15-10, item (6) or (8) of subsection (a) of Section 20-10,
22    subsection (b) of Section 20-10, item (6) or (8) of
23    subsection (a) of Section 25-10, subsection (b) of Section
24    25-10, item (7) of subsection (a) of Section 30-10,
25    subsection (b) of Section 30-10, or Section 10-40.
26        (5) Has been declared incompetent by any court of

 

 

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1    competent jurisdiction by reason of mental disease or
2    defect and has not been restored.
3        (6) Has been dishonorably discharged from the armed
4    services of the United States.
5    (b) No person may be employed by a private detective
6agency, private security contractor agency, private alarm
7contractor agency, fingerprint vendor agency, or locksmith
8agency under this Section until he or she has executed and
9furnished to the employer, on forms furnished by the
10Department, a verified statement to be known as "Employee's
11Statement" setting forth:
12        (1) The person's full name, age, and residence
13    address.
14        (2) The business or occupation engaged in for the 5
15    years immediately before the date of the execution of the
16    statement, the place where the business or occupation was
17    engaged in, and the names of employers, if any.
18        (3) That the person has not had a license or employee
19    registration denied, revoked, or suspended under this Act
20    (i) within one year before the date the person's
21    application for permanent employee registration card is
22    received by the Department; and (ii) that refusal, denial,
23    suspension, or revocation was based on any provision of
24    this Act other than Section 40-50, item (6) or (8) of
25    subsection (a) of Section 15-10, subsection (b) of Section
26    15-10, item (6) or (8) of subsection (a) of Section 20-10,

 

 

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

 

 

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

 

 

HB0150- 39 -LRB102 04211 RLC 14228 b

1employee registration card is accompanied by the employee
2identification card required by subsection (f) of this
3Section.
4    (e) Each employer shall maintain a record of each employee
5that is accessible to the duly authorized representatives of
6the Department. The record shall contain the following
7information:
8        (1) A photograph taken within 10 days of the date that
9    the employee begins employment with the employer. The
10    photograph shall be replaced with a current photograph
11    every 3 calendar years.
12        (2) The Employee's Statement specified in subsection
13    (b) of this Section.
14        (3) All correspondence or documents relating to the
15    character and integrity of the employee received by the
16    employer from any official source or law enforcement
17    agency.
18        (4) In the case of former employees, the employee
19    identification card of that person issued under subsection
20    (f) of this Section. Each employee record shall duly note
21    if the employee is employed in an armed capacity. Armed
22    employee files shall contain a copy of an active firearm
23    owner's identification card and a copy of an active
24    firearm control card. Each employer shall maintain a
25    record for each armed employee of each instance in which
26    the employee's weapon was discharged during the course of

 

 

HB0150- 40 -LRB102 04211 RLC 14228 b

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

 

 

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

 

 

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

 

 

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

 

 

HB0150- 44 -LRB102 04211 RLC 14228 b

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

 

 

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

 

 

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

 

 

HB0150- 47 -LRB102 04211 RLC 14228 b

1and for which the person has been trained.
2    (e) Expiration and requirements for renewal of firearm
3control cards shall be determined by rule.
4    (f) The Department may, in addition to any other
5disciplinary action permitted by this Act, refuse to issue,
6suspend, or revoke a firearm control card if the applicant or
7holder has been convicted of any felony or crime involving the
8illegal use, carrying, or possession of a deadly weapon or for
9a violation of this Act or rules adopted promulgated under
10this Act. The Department shall refuse to issue or shall revoke
11a firearm control card if the applicant or holder is
12prohibited under State or federal law from possessing a
13firearm fails to possess a valid firearm owners identification
14card without hearing. The Secretary shall summarily suspend a
15firearm control card if the Secretary finds that its continued
16use would constitute an imminent danger to the public. A
17hearing shall be held before the Board within 30 days if the
18Secretary summarily suspends a firearm control card.
19    (g) Notwithstanding any other provision of this Act to the
20contrary, all requirements relating to firearms control cards
21do not apply to a peace officer. If an individual ceases to be
22employed as a peace officer and continues to perform services
23in an armed capacity under this Act that are licensed
24activities, then the individual is required to obtain a
25permanent employee registration card pursuant to Section 35-30
26of this Act and must possess a valid Firearm Owner's

 

 

HB0150- 48 -LRB102 04211 RLC 14228 b

1Identification Card, but is not required to obtain a firearm
2control card if the individual is otherwise in continuing
3compliance with the federal Law Enforcement Officers Safety
4Act of 2004. If an individual elects to carry a firearm
5pursuant to the federal Law Enforcement Officers Safety Act of
62004, then the agency employing the officer is required to
7submit a notice of that election to the Department along with a
8fee specified by rule.
9    (h) The Department may issue a temporary firearm control
10card pending issuance of a new firearm control card upon an
11agency's acquiring of an established armed account. An agency
12that has acquired armed employees as a result of acquiring an
13established armed account may, on forms supplied by the
14Department, request the issuance of a temporary firearm
15control card for each acquired employee who held a valid
16firearm control card under his or her employment with the
17newly acquired established armed account immediately preceding
18the acquiring of the account and who continues to meet all of
19the qualifications for issuance of a firearm control card set
20forth in this Act and any rules adopted under this Act. The
21Department shall, by rule, set the fee for issuance of a
22temporary firearm control card.
23    (i) The Department shall not issue a firearm control card
24to a licensed fingerprint vendor or a licensed locksmith or
25employees of a licensed fingerprint vendor agency or a
26licensed locksmith agency.

 

 

HB0150- 49 -LRB102 04211 RLC 14228 b

1(Source: P.A. 100-712, eff. 8-3-18.)
 
2    Section 50. The Mental Health and Developmental
3Disabilities Code is amended by changing Sections 6-103.1,
46-103.2, and 6-103.3 as follows:
 
5    (405 ILCS 5/6-103.1)
6    Sec. 6-103.1. Adjudication as a person with a mental
7disability. When a person has been adjudicated as a person
8with a mental disability as defined in Section 1.1 of the
9Firearm Owners Identification Card Act, including, but not
10limited to, an adjudication as a person with a disability as
11defined in Section 11a-2 of the Probate Act of 1975, the court
12shall direct the circuit court clerk to notify the Department
13of State Police, Firearm Owner's Identification (FOID) Office,
14in a form and manner prescribed by the Department of State
15Police, and shall forward a copy of the court order to the
16Department no later than 7 days after the entry of the order.
17Upon receipt of the order, the Department of State Police
18shall provide notification to the National Instant Criminal
19Background Check System. In this Section, "has been
20adjudicated as a mentally disabled person" means the person is
21the subject of a determination by a court, board, commission,
22or other lawful authority that the person, as a result of
23marked subnormal intelligence, or mental illness, mental
24impairment, incompetency, condition, or disease:

 

 

HB0150- 50 -LRB102 04211 RLC 14228 b

1        (1) presents a clear and present danger to himself,
2    herself, or to others;
3        (2) lacks the mental capacity to manage his or her own
4    affairs or is adjudicated a disabled person as defined in
5    Section 11a-2 of the Probate Act of 1975;
6        (3) is not guilty in a criminal case by reason of
7    insanity, mental disease or defect;
8        (3.5) is guilty but mentally ill, as provided in
9    Section 5-2-6 of the Unified Code of Corrections;
10        (4) is unfit to stand trial in a criminal case;
11        (5) is not guilty by reason of lack of mental
12    responsibility under Articles 50a and 72b of the Uniform
13    Code of Military Justice, 10 U.S.C. 850a, 876b;
14        (6) is a sexually violent person under subsection (f)
15    of Section 5 of the Sexually Violent Persons Commitment
16    Act;
17        (7) is a sexually dangerous person under the Sexually
18    Dangerous Persons Act;
19        (8) is unfit to stand trial under the Juvenile Court
20    Act of 1987;
21        (9) is not guilty by reason of insanity under the
22    Juvenile Court Act of 1987;
23        (10) is a person subject to involuntary admission on
24    an inpatient basis as defined in Section 1-119 of the
25    Mental Health and Developmental Disabilities Code;
26        (11) is a person subject to involuntary admission on

 

 

HB0150- 51 -LRB102 04211 RLC 14228 b

1    an outpatient basis as defined in Section 1-119.1 of the
2    Mental Health and Developmental Disabilities Code;
3        (12) is subject to judicial admission as set forth in
4    Section 4-500 of the Mental Health and Developmental
5    Disabilities Code; or
6        (13) is subject to the provisions of the Interstate
7    Agreements on Sexually Dangerous Persons Act.
8(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
9    (405 ILCS 5/6-103.2)
10    Sec. 6-103.2. Developmental disability; notice. If a
11person 14 years old or older is determined to be a person with
12a developmental disability by a physician, clinical
13psychologist, or qualified examiner, the physician, clinical
14psychologist, or qualified examiner shall notify the
15Department of Human Services within 7 days of making the
16determination that the person has a developmental disability.
17The Department of Human Services shall immediately update its
18records and information relating to mental health and
19developmental disabilities, and if appropriate, shall notify
20the Department of State Police in a form and manner prescribed
21by the Department of State Police. Information disclosed under
22this Section shall remain privileged and confidential, and
23shall not be redisclosed, except as required under clause
24(e)(2) of Section 24-4.5 of the Criminal Code of 2012
25subsection (e) of Section 3.1 of the Firearm Owners

 

 

HB0150- 52 -LRB102 04211 RLC 14228 b

1Identification Card Act, nor used for any other purpose. The
2method of providing this information shall guarantee that the
3information is not released beyond that which is necessary for
4the purpose of this Section and shall be provided by rule by
5the Department of Human Services. The identity of the person
6reporting under this Section shall not be disclosed to the
7subject of the report.
8    The physician, clinical psychologist, or qualified
9examiner making the determination and his or her employer may
10not be held criminally, civilly, or professionally liable for
11making or not making the notification required under this
12Section, except for willful or wanton misconduct.
13    In this Section, "developmentally disabled" has the
14meaning ascribed to it in Section 12 of the Mental Health and
15Developmental Disabilities Confidentiality Act.
16    In For purposes of this Section, "developmental
17disability" means a disability which is attributable to any
18other condition which results in impairment similar to that
19caused by an intellectual disability and which requires
20services similar to those required by intellectually disabled
21persons. The disability must originate before the age of 18
22years, be expected to continue indefinitely, and constitute a
23substantial disability. This disability results, in the
24professional opinion of a physician, clinical psychologist, or
25qualified examiner, in significant functional limitations in 3
26or more of the following areas of major life activity:

 

 

HB0150- 53 -LRB102 04211 RLC 14228 b

1        (i) self-care;
2        (ii) receptive and expressive language;
3        (iii) learning;
4        (iv) mobility; or
5        (v) self-direction.
6    "Determined to be a person with a developmental disability
7by a physician, clinical psychologist, or qualified examiner"
8means in the professional opinion of the physician, clinical
9psychologist, or qualified examiner, a person is diagnosed,
10assessed, or evaluated as having a developmental disability.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12eff. 7-27-15; 99-642, eff. 7-28-16.)
 
13    (405 ILCS 5/6-103.3)
14    Sec. 6-103.3. Clear and present danger; notice. If a
15person is determined to pose a clear and present danger to
16himself, herself, or to others by a physician, clinical
17psychologist, or qualified examiner, whether employed by the
18State, by any public or private mental health facility or part
19thereof, or by a law enforcement official or a school
20administrator, then the physician, clinical psychologist,
21qualified examiner shall notify the Department of Human
22Services and a law enforcement official or school
23administrator shall notify the Department of State Police,
24within 24 hours of making the determination that the person
25poses a clear and present danger. The Department of Human

 

 

HB0150- 54 -LRB102 04211 RLC 14228 b

1Services shall immediately update its records and information
2relating to mental health and developmental disabilities, and
3if appropriate, shall notify the Department of State Police in
4a form and manner prescribed by the Department of State
5Police. Information disclosed under this Section shall remain
6privileged and confidential, and shall not be redisclosed,
7except as required under clause (e)(2) of Section 24-4.5 of
8the Criminal Code of 2012 subsection (e) of Section 3.1 of the
9Firearm Owners Identification Card Act, nor used for any other
10purpose. The method of providing this information shall
11guarantee that the information is not released beyond that
12which is necessary for the purpose of this Section and shall be
13provided by rule by the Department of Human Services. The
14identity of the person reporting under this Section shall not
15be disclosed to the subject of the report. The physician,
16clinical psychologist, qualified examiner, law enforcement
17official, or school administrator making the determination and
18his or her employer shall not be held criminally, civilly, or
19professionally liable for making or not making the
20notification required under this Section, except for willful
21or wanton misconduct. This Section does not apply to a law
22enforcement official, if making the notification under this
23Section will interfere with an ongoing or pending criminal
24investigation.
25    In For the purposes of this Section:
26        "Clear and present danger" means a person who:

 

 

HB0150- 55 -LRB102 04211 RLC 14228 b

1            (1) communicates a serious threat of physical
2        violence against a reasonably identifiable victim or
3        poses a clear and imminent risk of serious physical
4        injury to himself, herself, or another person as
5        determined by a physician, clinical psychologist, or
6        qualified examiner; or
7            (2) demonstrates threatening physical or verbal
8        behavior, such as violent, suicidal, or assaultive
9        threats, actions, or other behavior, as determined by
10        a physician, clinical psychologist, qualified
11        examiner, school administrator, or law enforcement
12        official.
13        "Physician", "clinical psychologist", and "qualified
14    examiner" have the meanings ascribed to them in the Mental
15    Health and Developmental Disabilities Code has the meaning
16    ascribed to it in Section 1.1 of the Firearm Owners
17    Identification Card Act.
18        "Determined to pose a clear and present danger to
19    himself, herself, or to others by a physician, clinical
20    psychologist, or qualified examiner" means in the
21    professional opinion of the physician, clinical
22    psychologist, or qualified examiner, a person poses a
23    clear and present danger.
24        "School administrator" means the person required to
25    report under the School Administrator Reporting of Mental
26    Health Clear and Present Danger Determinations Law.

 

 

HB0150- 56 -LRB102 04211 RLC 14228 b

1(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
2    Section 55. The Lead Poisoning Prevention Act is amended
3by changing Section 2 as follows:
 
4    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
5    Sec. 2. Definitions. As used in this Act:
6    "Child care facility" means any structure used by a child
7care provider licensed by the Department of Children and
8Family Services or public or private school structure
9frequented by children 6 years of age or younger.
10    "Childhood Lead Risk Questionnaire" means the
11questionnaire developed by the Department for use by
12physicians and other health care providers to determine risk
13factors for children 6 years of age or younger residing in
14areas designated as low risk for lead exposure.
15    "Delegate agency" means a unit of local government or
16health department approved by the Department to carry out the
17provisions of this Act.
18    "Department" means the Department of Public Health.
19    "Director" means the Director of Public Health.
20    "Dwelling unit" means an individual unit within a
21residential building used as living quarters for one
22household.
23    "Elevated blood lead level" means a blood lead level in
24excess of the limits established under State rules.

 

 

HB0150- 57 -LRB102 04211 RLC 14228 b

1    "Exposed surface" means any interior or exterior surface
2of a regulated facility.
3    "High risk area" means an area in the State determined by
4the Department to be high risk for lead exposure for children 6
5years of age or younger. The Department may consider, but is
6not limited to, the following factors to determine a high risk
7area: age and condition (using Department of Housing and Urban
8Development definitions of "slum" and "blighted") of housing,
9proximity to highway traffic or heavy local traffic or both,
10percentage of housing determined as rental or vacant,
11proximity to industry using lead, established incidence of
12elevated blood lead levels in children, percentage of
13population living below 200% of federal poverty guidelines,
14and number of children residing in the area who are 6 years of
15age or younger.
16    "Lead abatement" means any approved work practices that
17will permanently eliminate lead exposure or remove the
18lead-bearing substances in a regulated facility. The
19Department shall establish by rule which work practices are
20approved or prohibited for lead abatement.
21    "Lead abatement contractor" means any person or entity
22licensed by the Department to perform lead abatement and
23mitigation.
24    "Lead abatement supervisor" means any person employed by a
25lead abatement contractor and licensed by the Department to
26perform lead abatement and lead mitigation and to supervise

 

 

HB0150- 58 -LRB102 04211 RLC 14228 b

1lead workers who perform lead abatement and lead mitigation.
2    "Lead abatement worker" means any person employed by a
3lead abatement contractor and licensed by the Department to
4perform lead abatement and mitigation.
5    "Lead activities" means the conduct of any lead services,
6including, lead inspection, lead risk assessment, lead
7mitigation, or lead abatement work or supervision in a
8regulated facility.
9    "Lead-bearing substance" means any item containing or
10coated with lead such that the lead content is more than
11six-hundredths of one percent (0.06%) lead by total weight; or
12any dust on surfaces or in furniture or other nonpermanent
13elements of the regulated facility; or any paint or other
14surface coating material containing more than five-tenths of
15one percent (0.5%) lead by total weight (calculated as lead
16metal) in the total non-volatile content of liquid paint; or
17lead-bearing substances containing greater than one milligram
18per square centimeter or any lower standard for lead content
19in residential paint as may be established by federal law or
20rule; or more than 1 milligram per square centimeter in the
21dried film of paint or previously applied substance; or item
22or dust on item containing lead in excess of the amount
23specified in the rules authorized by this Act or a lower
24standard for lead content as may be established by federal law
25or rule. "Lead-bearing substance" does not include firearm
26ammunition or components as defined by Section 2-7.1 of the

 

 

HB0150- 59 -LRB102 04211 RLC 14228 b

1Criminal Code of 2012 the Firearm Owners Identification Card
2Act.
3    "Lead hazard" means a lead-bearing substance that poses an
4immediate health hazard to humans.
5    "Lead hazard screen" means a lead risk assessment that
6involves limited dust and paint sampling for lead-bearing
7substances and lead hazards. This service is used as a
8screening tool designed to determine if further lead
9investigative services are required for the regulated
10facility.
11    "Lead inspection" means a surface-by-surface investigation
12to determine the presence of lead-based paint.
13    "Lead inspector" means an individual who has been trained
14by a Department-approved training program and is licensed by
15the Department to conduct lead inspections; to sample for the
16presence of lead in paint, dust, soil, and water; and to
17conduct compliance investigations.
18    "Lead mitigation" means the remediation, in a manner
19described in Section 9, of a lead hazard so that the
20lead-bearing substance does not pose an immediate health
21hazard to humans.
22    "Lead poisoning" means having an elevated blood lead
23level.
24    "Lead risk assessment" means an on-site investigation to
25determine the existence, nature, severity, and location of
26lead hazards. "Lead risk assessment" includes any lead

 

 

HB0150- 60 -LRB102 04211 RLC 14228 b

1sampling and visual assessment associated with conducting a
2lead risk assessment and lead hazard screen and all lead
3sampling associated with compliance investigations.
4    "Lead risk assessor" means an individual who has been
5trained by a Department-approved training program and is
6licensed by the Department to conduct lead risk assessments,
7lead inspections, and lead hazard screens; to sample for the
8presence of lead in paint, dust, soil, water, and sources for
9lead-bearing substances; and to conduct compliance
10investigations.
11    "Lead training program provider" means any person
12providing Department-approved lead training in Illinois to
13individuals seeking licensure in accordance with the Act.
14    "Low risk area" means an area in the State determined by
15the Department to be low risk for lead exposure for children 6
16years of age or younger. The Department may consider the
17factors named in "high risk area" to determine low risk areas.
18    "Owner" means any person, who alone, jointly, or severally
19with others:
20        (a) Has legal title to any regulated facility, with or
21    without actual possession of the regulated facility, or
22        (b) Has charge, care, or control of the regulated
23    facility as owner or agent of the owner, or as executor,
24    administrator, trustee, or guardian of the estate of the
25    owner.
26    "Person" means any individual, partnership, firm, company,

 

 

HB0150- 61 -LRB102 04211 RLC 14228 b

1limited liability company, corporation, association, joint
2stock company, trust, estate, political subdivision, State
3agency, or any other legal entity, or their legal
4representative, agent, or assign.
5    "Regulated facility" means a residential building or child
6care facility.
7    "Residential building" means any room, group of rooms, or
8other interior areas of a structure designed or used for human
9habitation; common areas accessible by inhabitants; and the
10surrounding property or structures.
11(Source: P.A. 100-723, eff. 1-1-19.)
 
12    (430 ILCS 65/Act rep.)
13    Section 60. The Firearm Owners Identification Card Act is
14repealed.
 
15    Section 65. The Firearm Concealed Carry Act is amended by
16changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
17    (430 ILCS 66/25)
18    Sec. 25. Qualifications for a license.
19    The Department shall issue a license to an applicant
20completing an application in accordance with Section 30 of
21this Act if the person:
22        (1) is at least 21 years of age;
23        (2) has a currently valid Firearm Owner's

 

 

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1    Identification Card and at the time of application meets
2    the requirements for the issuance of a Firearm Owner's
3    Identification Card and is not prohibited under State or
4    the Firearm Owners Identification Card Act or federal law
5    from possessing or receiving a firearm;
6        (3) has not been convicted or found guilty in this
7    State or in any other state of:
8            (A) a misdemeanor involving the use or threat of
9        physical force or violence to any person within the 5
10        years preceding the date of the license application;
11        or
12            (B) 2 or more violations related to driving while
13        under the influence of alcohol, other drug or drugs,
14        intoxicating compound or compounds, or any combination
15        thereof, within the 5 years preceding the date of the
16        license application;
17        (4) is not the subject of a pending arrest warrant,
18    prosecution, or proceeding for an offense or action that
19    could lead to disqualification to own or possess a
20    firearm;
21        (5) has not been in residential or court-ordered
22    treatment for alcoholism, alcohol detoxification, or drug
23    treatment within the 5 years immediately preceding the
24    date of the license application; and
25        (6) has completed firearms training and any education
26    component required under Section 75 of this Act.

 

 

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

 

 

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

 

 

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1        (6) whether the applicant has failed a drug test for a
2    drug for which the applicant did not have a prescription,
3    within the previous year, and if so, the provider of the
4    test, the specific substance involved, and the date of the
5    test;
6        (7) written consent for the Department to review and
7    use the applicant's Illinois digital driver's license or
8    Illinois identification card photograph and signature;
9        (8) a full set of fingerprints submitted to the
10    Department in electronic format, provided the Department
11    may accept an application submitted without a set of
12    fingerprints in which case the Department shall be granted
13    30 days in addition to the 90 days provided under
14    subsection (e) of Section 10 of this Act to issue or deny a
15    license;
16        (9) a head and shoulder color photograph in a size
17    specified by the Department taken within the 30 days
18    preceding the date of the license application; and
19        (10) a photocopy of any certificates or other evidence
20    of compliance with the training requirements under this
21    Act.
22(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
23    (430 ILCS 66/40)
24    Sec. 40. Non-resident license applications.
25    (a) For the purposes of this Section, "non-resident" means

 

 

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

 

 

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1        possession and transport of firearms; and
2            (D) acknowledges that the applicant is subject to
3        the jurisdiction of the Department and Illinois courts
4        for any violation of this Act;
5        (3) a photocopy of any certificates or other evidence
6    of compliance with the training requirements under Section
7    75 of this Act; and
8        (4) a head and shoulder color photograph in a size
9    specified by the Department taken within the 30 days
10    preceding the date of the application.
11    (d) In lieu of an Illinois driver's license or Illinois
12identification card, a non-resident applicant shall provide
13similar documentation from his or her state or territory of
14residence. The applicant shall submit In lieu of a valid
15Firearm Owner's Identification Card, the applicant shall
16submit documentation and information required by the
17Department to obtain a Firearm Owner's Identification Card,
18including an affidavit that the non-resident meets the mental
19health standards to obtain a firearm under Illinois law, and
20the Department shall ensure that the applicant would meet the
21eligibility criteria under State law to possess a firearm to
22obtain a Firearm Owner's Identification card if he or she was a
23resident of this State.
24    (e) Nothing in this Act shall prohibit a non-resident from
25transporting a concealed firearm within his or her vehicle in
26Illinois, if the concealed firearm remains within his or her

 

 

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1vehicle and the non-resident:
2        (1) is not prohibited from owning or possessing a
3    firearm under federal law;
4        (2) is eligible to carry a firearm in public under the
5    laws of his or her state or territory of residence, as
6    evidenced by the possession of a concealed carry license
7    or permit issued by his or her state of residence, if
8    applicable; and
9        (3) is not in possession of a license under this Act.
10    If the non-resident leaves his or her vehicle unattended,
11he or she shall store the firearm within a locked vehicle or
12locked container within the vehicle in accordance with
13subsection (b) of Section 65 of this Act.
14(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
15eff. 7-20-15.)
 
16    (430 ILCS 66/70)
17    Sec. 70. Violations.
18    (a) A license issued or renewed under this Act shall be
19revoked if, at any time, the licensee is found to be ineligible
20for a license under this Act or the licensee is prohibited from
21possessing a firearm under State or federal law no longer
22meets the eligibility requirements of the Firearm Owners
23Identification Card Act.
24    (b) A license shall be suspended if an order of
25protection, including an emergency order of protection,

 

 

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

 

 

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

 

 

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

 

 

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1ineligible to obtain a Firearm Owner's Identification Card.
2    (i) A certified firearms instructor who knowingly provides
3or offers to provide a false certification that an applicant
4has completed firearms training as required under this Act is
5guilty of a Class A misdemeanor. A person guilty of a violation
6of this subsection (i) is not eligible for court supervision.
7The Department shall permanently revoke the firearms
8instructor certification of a person convicted under this
9subsection (i).
10(Source: P.A. 100-607, eff. 1-1-19.)
 
11    (430 ILCS 66/80)
12    Sec. 80. Certified firearms instructors.
13    (a) Within 60 days of the effective date of this Act, the
14Department shall begin approval of certified firearms
15instructors and enter certified firearms instructors into an
16online registry on the Department's website.
17    (b) A person who is not a certified firearms instructor
18shall not teach applicant training courses or advertise or
19otherwise represent courses they teach as qualifying their
20students to meet the requirements to receive a license under
21this Act. Each violation of this subsection is a business
22offense with a fine of at least $1,000 per violation.
23    (c) A person seeking to become a certified firearms
24instructor shall:
25        (1) be at least 21 years of age;

 

 

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1        (2) be a legal resident of the United States; and
2        (3) meet the requirements of Section 25 of this Act,
3    except for the Illinois residency requirement in item
4    (xiv) of paragraph (2) of subsection (a) of Section 4 of
5    the Firearm Owners Identification Card Act; and any
6    additional uniformly applied requirements established by
7    the Department.
8    (d) A person seeking to become a certified firearms
9instructor, in addition to the requirements of subsection (c)
10of this Section, shall:
11        (1) possess a high school diploma or high school
12    equivalency certificate; and
13        (2) have at least one of the following valid firearms
14    instructor certifications:
15            (A) certification from a law enforcement agency;
16            (B) certification from a firearm instructor course
17        offered by a State or federal governmental agency;
18            (C) certification from a firearm instructor
19        qualification course offered by the Illinois Law
20        Enforcement Training Standards Board; or
21            (D) certification from an entity approved by the
22        Department that offers firearm instructor education
23        and training in the use and safety of firearms.
24    (e) A person may have his or her firearms instructor
25certification denied or revoked if he or she does not meet the
26requirements to obtain a license under this Act, provides

 

 

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1false or misleading information to the Department, or has had
2a prior instructor certification revoked or denied by the
3Department.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
598-718, eff. 1-1-15.)
 
6    (430 ILCS 66/105)
7    Sec. 105. Duty of school administrator. It is the duty of
8the principal of a public elementary or secondary school, or
9his or her designee, and the chief administrative officer of a
10private elementary or secondary school or a public or private
11community college, college, or university, or his or her
12designee, to report to the Department of State Police when a
13student is determined to pose a clear and present danger to
14himself, herself, or to others, within 24 hours of the
15determination as provided in Section 6-103.3 of the Mental
16Health and Developmental Disabilities Code. "Clear and present
17danger" has the meaning as provided in paragraph (2) of the
18definition of "clear and present danger" in Section 6-103.3 of
19the Mental Health and Developmental Disabilities Code 1.1 of
20the Firearm Owners Identification Card Act.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    Section 66. The Firearms Restraining Order Act is amended
23by changing Sections 35 and 40 as follows:
 

 

 

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1    (430 ILCS 67/35)
2    Sec. 35. Ex parte orders and emergency hearings.
3    (a) A petitioner may request an emergency firearms
4restraining order by filing an affidavit or verified pleading
5alleging that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm. The petition
9shall also describe the type and location of any firearm or
10firearms presently believed by the petitioner to be possessed
11or controlled by the respondent.
12    (b) If the respondent is alleged to pose an immediate and
13present danger of causing personal injury to an intimate
14partner, or an intimate partner is alleged to have been the
15target of a threat or act of violence by the respondent, the
16petitioner shall make a good faith effort to provide notice to
17any and all intimate partners of the respondent. The notice
18must include that the petitioner intends to petition the court
19for an emergency firearms restraining order, and, if the
20petitioner is a law enforcement officer, referral to relevant
21domestic violence or stalking advocacy or counseling
22resources, if appropriate. The petitioner shall attest to
23having provided the notice in the filed affidavit or verified
24pleading. If, after making a good faith effort, the petitioner
25is unable to provide notice to any or all intimate partners,
26the affidavit or verified pleading should describe what

 

 

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1efforts were made.
2    (c) Every person who files a petition for an emergency
3firearms restraining order, knowing the information provided
4to the court at any hearing or in the affidavit or verified
5pleading to be false, is guilty of perjury under Section 32-2
6of the Criminal Code of 2012.
7    (d) An emergency firearms restraining order shall be
8issued on an ex parte basis, that is, without notice to the
9respondent.
10    (e) An emergency hearing held on an ex parte basis shall be
11held the same day that the petition is filed or the next day
12that the court is in session.
13    (f) If a circuit or associate judge finds probable cause
14to believe that the respondent poses an immediate and present
15danger of causing personal injury to himself, herself, or
16another by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm, the circuit or
18associate judge shall issue an emergency order.
19    (f-5) If the court issues an emergency firearms
20restraining order, it shall, upon a finding of probable cause
21that the respondent possesses firearms, issue a search warrant
22directing a law enforcement agency to seize the respondent's
23firearms. The court may, as part of that warrant, direct the
24law enforcement agency to search the respondent's residence
25and other places where the court finds there is probable cause
26to believe he or she is likely to possess the firearms.

 

 

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1    (g) An emergency firearms restraining order shall require:
2        (1) the respondent to refrain from having in his or
3    her custody or control, purchasing, possessing, or
4    receiving additional firearms for the duration of the
5    order; and
6        (2) the respondent to turn over to the local law
7    enforcement agency any Firearm Owner's Identification Card
8    and concealed carry license in his or her possession. The
9    local law enforcement agency shall immediately mail the
10    card and concealed carry license to the Department of
11    State Police Firearm Services Bureau for safekeeping. The
12    firearm or firearms and Firearm Owner's Identification
13    Card and concealed carry license, if unexpired, shall be
14    returned to the respondent after the firearms restraining
15    order is terminated or expired.
16    (h) Except as otherwise provided in subsection (h-5) of
17this Section, upon expiration of the period of safekeeping, if
18the firearms or Firearm Owner's Identification Card and
19concealed carry license cannot be returned to the respondent
20because the respondent cannot be located, fails to respond to
21requests to retrieve the firearms, or is not lawfully eligible
22to possess a firearm, upon petition from the local law
23enforcement agency, the court may order the local law
24enforcement agency to destroy the firearms, use the firearms
25for training purposes, or use the firearms for any other
26application as deemed appropriate by the local law enforcement

 

 

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1agency.
2    (h-5) A respondent whose firearms have been turned over to
3a local law enforcement agency Firearm Owner's Identification
4Card has been revoked or suspended may petition the court, if
5the petitioner is present in court or has notice of the
6respondent's petition, to transfer the respondent's firearm to
7a person who is lawfully able to possess the firearm if the
8person does not reside at the same address as the respondent.
9Notice of the petition shall be served upon the person
10protected by the emergency firearms restraining order. While
11the order is in effect, the transferee who receives the
12respondent's firearms must swear or affirm by affidavit that
13he or she shall not transfer the firearm to the respondent or
14to anyone residing in the same residence as the respondent.
15    (h-6) If a person other than the respondent claims title
16to any firearms surrendered under this Section, he or she may
17petition the court, if the petitioner is present in court or
18has notice of the petition, to have the firearm returned to him
19or her. If the court determines that person to be the lawful
20owner of the firearm, the firearm shall be returned to him or
21her, provided that:
22        (1) the firearm is removed from the respondent's
23    custody, control, or possession and the lawful owner
24    agrees to store the firearm in a manner such that the
25    respondent does not have access to or control of the
26    firearm; and

 

 

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1        (2) the firearm is not otherwise unlawfully possessed
2    by the owner.
3    The person petitioning for the return of his or her
4firearm must swear or affirm by affidavit that he or she: (i)
5is the lawful owner of the firearm; (ii) shall not transfer the
6firearm to the respondent; and (iii) will store the firearm in
7a manner that the respondent does not have access to or control
8of the firearm.
9    (i) In accordance with subsection (e) of this Section, the
10court shall schedule a full hearing as soon as possible, but no
11longer than 14 days from the issuance of an ex parte firearms
12restraining order, to determine if a 6-month firearms
13restraining order shall be issued. The court may extend an ex
14parte order as needed, but not to exceed 14 days, to effectuate
15service of the order or if necessary to continue protection.
16The court may extend the order for a greater length of time by
17mutual agreement of the parties.
18(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
19    (430 ILCS 67/40)
20    Sec. 40. Six-month orders.
21    (a) A petitioner may request a 6-month firearms
22restraining order by filing an affidavit or verified pleading
23alleging that the respondent poses a significant danger of
24causing personal injury to himself, herself, or another in the
25near future by having in his or her custody or control,

 

 

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1purchasing, possessing, or receiving a firearm. The petition
2shall also describe the number, types, and locations of any
3firearms presently believed by the petitioner to be possessed
4or controlled by the respondent.
5    (b) If the respondent is alleged to pose a significant
6danger of causing personal injury to an intimate partner, or
7an intimate partner is alleged to have been the target of a
8threat or act of violence by the respondent, the petitioner
9shall make a good faith effort to provide notice to any and all
10intimate partners of the respondent. The notice must include
11that the petitioner intends to petition the court for a
126-month firearms restraining order, and, if the petitioner is
13a law enforcement officer, referral to relevant domestic
14violence or stalking advocacy or counseling resources, if
15appropriate. The petitioner shall attest to having provided
16the notice in the filed affidavit or verified pleading. If,
17after making a good faith effort, the petitioner is unable to
18provide notice to any or all intimate partners, the affidavit
19or verified pleading should describe what efforts were made.
20    (c) Every person who files a petition for a 6-month
21firearms restraining order, knowing the information provided
22to the court at any hearing or in the affidavit or verified
23pleading to be false, is guilty of perjury under Section 32-2
24of the Criminal Code of 2012.
25    (d) Upon receipt of a petition for a 6-month firearms
26restraining order, the court shall order a hearing within 30

 

 

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1days.
2    (e) In determining whether to issue a firearms restraining
3order under this Section, the court shall consider evidence
4including, but not limited to, the following:
5        (1) The unlawful and reckless use, display, or
6    brandishing of a firearm by the respondent.
7        (2) The history of use, attempted use, or threatened
8    use of physical force by the respondent against another
9    person.
10        (3) Any prior arrest of the respondent for a felony
11    offense.
12        (4) Evidence of the abuse of controlled substances or
13    alcohol by the respondent.
14        (5) A recent threat of violence or act of violence by
15    the respondent directed toward himself, herself, or
16    another.
17        (6) A violation of an emergency order of protection
18    issued under Section 217 of the Illinois Domestic Violence
19    Act of 1986 or Section 112A-17 of the Code of Criminal
20    Procedure of 1963 or of an order of protection issued
21    under Section 214 of the Illinois Domestic Violence Act of
22    1986 or Section 112A-14 of the Code of Criminal Procedure
23    of 1963.
24        (7) A pattern of violent acts or violent threats,
25    including, but not limited to, threats of violence or acts
26    of violence by the respondent directed toward himself,

 

 

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1    herself, or another.
2    (f) At the hearing, the petitioner shall have the burden
3of proving, by clear and convincing evidence, that the
4respondent poses a significant danger of personal injury to
5himself, herself, or another by having in his or her custody or
6control, purchasing, possessing, or receiving a firearm.
7    (g) If the court finds that there is clear and convincing
8evidence to issue a firearms restraining order, the court
9shall issue a firearms restraining order that shall be in
10effect for 6 months subject to renewal under Section 45 of this
11Act or termination under that Section.
12    (g-5) If the court issues a 6-month firearms restraining
13order, it shall, upon a finding of probable cause that the
14respondent possesses firearms, issue a search warrant
15directing a law enforcement agency to seize the respondent's
16firearms. The court may, as part of that warrant, direct the
17law enforcement agency to search the respondent's residence
18and other places where the court finds there is probable cause
19to believe he or she is likely to possess the firearms.
20    (h) A 6-month firearms restraining order shall require:
21        (1) the respondent to refrain from having in his or
22    her custody or control, purchasing, possessing, or
23    receiving additional firearms for the duration of the
24    order; and
25        (2) the respondent to turn over to the local law
26    enforcement agency any firearm or Firearm Owner's

 

 

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1    Identification Card and concealed carry license in his or
2    her possession. The local law enforcement agency shall
3    immediately mail the card and concealed carry license to
4    the Department of State Police Firearm Services Bureau for
5    safekeeping. The firearm or firearms and Firearm Owner's
6    Identification Card and concealed carry license, if
7    unexpired, shall be returned to the respondent after the
8    firearms restraining order is terminated or expired.
9    (i) Except as otherwise provided in subsection (i-5) of
10this Section, upon expiration of the period of safekeeping, if
11the firearms or Firearm Owner's Identification Card cannot be
12returned to the respondent because the respondent cannot be
13located, fails to respond to requests to retrieve the
14firearms, or is not lawfully eligible to possess a firearm,
15upon petition from the local law enforcement agency, the court
16may order the local law enforcement agency to destroy the
17firearms, use the firearms for training purposes, or use the
18firearms for any other application as deemed appropriate by
19the local law enforcement agency.
20    (i-5) A respondent whose firearms have been turned over to
21a local law enforcement agency Firearm Owner's Identification
22Card has been revoked or suspended may petition the court, if
23the petitioner is present in court or has notice of the
24respondent's petition, to transfer the respondent's firearm to
25a person who is lawfully able to possess the firearm if the
26person does not reside at the same address as the respondent.

 

 

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1Notice of the petition shall be served upon the person
2protected by the emergency firearms restraining order. While
3the order is in effect, the transferee who receives the
4respondent's firearms must swear or affirm by affidavit that
5he or she shall not transfer the firearm to the respondent or
6to anyone residing in the same residence as the respondent.
7    (i-6) If a person other than the respondent claims title
8to any firearms surrendered under this Section, he or she may
9petition the court, if the petitioner is present in court or
10has notice of the petition, to have the firearm returned to him
11or her. If the court determines that person to be the lawful
12owner of the firearm, the firearm shall be returned to him or
13her, provided that:
14        (1) the firearm is removed from the respondent's
15    custody, control, or possession and the lawful owner
16    agrees to store the firearm in a manner such that the
17    respondent does not have access to or control of the
18    firearm; and
19        (2) the firearm is not otherwise unlawfully possessed
20    by the owner.
21    The person petitioning for the return of his or her
22firearm must swear or affirm by affidavit that he or she: (i)
23is the lawful owner of the firearm; (ii) shall not transfer the
24firearm to the respondent; and (iii) will store the firearm in
25a manner that the respondent does not have access to or control
26of the firearm.

 

 

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1    (j) If the court does not issue a firearms restraining
2order at the hearing, the court shall dissolve any emergency
3firearms restraining order then in effect.
4    (k) When the court issues a firearms restraining order
5under this Section, the court shall inform the respondent that
6he or she is entitled to one hearing during the period of the
7order to request a termination of the order, under Section 45
8of this Act, and shall provide the respondent with a form to
9request a hearing.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    Section 70. The Firearm Dealer License Certification Act
12is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
13follows:
 
14    (430 ILCS 68/5-20)
15    Sec. 5-20. Additional licensee requirements.
16    (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo
19copy shall be attached to the documentation detailing the
20record of sale.
21    (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business
23a sign that contains the following warning in block letters
24not less than one inch in height:

 

 

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1        "With few exceptions enumerated in the Criminal Code
2    of 2012 Firearm Owners Identification Card Act, it is
3    unlawful for you to:
4            (A) store or leave an unsecured firearm in a place
5        where a child can obtain access to it;
6            (B) sell or transfer your firearm to someone else
7        without receiving approval for the transfer from the
8        Department of State Police, or
9            (C) fail to report the loss or theft of your
10        firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Department and made
12available for printing or downloading from the Department's
13website.
14    (c) No retail location established after the effective
15date of this Act shall be located within 500 feet of any
16school, pre-school, or day care facility in existence at its
17location before the retail location is established as measured
18from the nearest corner of the building holding the retail
19location to the corner of the school, pre-school, or day care
20facility building nearest the retail location at the time the
21retail location seeks licensure.
22(Source: P.A. 100-1178, eff. 1-18-19.)
 
23    (430 ILCS 68/5-25)
24    Sec. 5-25. Exemptions. The provisions of this Act related
25to the certification of a license do not apply to a person or

 

 

HB0150- 87 -LRB102 04211 RLC 14228 b

1entity that engages in the following activities:
2        (1) temporary transfers of firearms solely for use at
3    the location or on the premises where the transfer takes
4    place, such as transfers at a shooting range for use at
5    that location;
6        (2) temporary transfers of firearms solely for use
7    while in the presence of the transferor or transfers for
8    the purposes of firearm safety training by a firearms
9    safety training instructor;
10        (3) transfers of firearms among immediate family or
11    household members, as "immediate family or household
12    member" is defined in Section 3-2.7-10 of the Unified Code
13    of Corrections, provided that both the transferor and
14    transferee are not prohibited from possessing a firearm
15    under federal or State law have a currently valid Firearm
16    Owner's Identification Card; however, this paragraph (3)
17    does not limit the familial gift exemption under paragraph
18    (2) of subsection (a-15) of Section 3 of the Firearm
19    Owners Identification Card Act;
20        (4) transfers by persons or entities acting under
21    operation of law or a court order;
22        (5) transfers by persons or entities liquidating all
23    or part of a collection. For purposes of this paragraph
24    (5), "collection" means 2 or more firearms which are of
25    special interest to collectors by reason of some quality
26    other than is associated with firearms intended for

 

 

HB0150- 88 -LRB102 04211 RLC 14228 b

1    sporting use or as offensive or defensive weapons;
2        (6) transfers of firearms that have been rendered
3    permanently inoperable to a nonprofit historical society,
4    museum, or institutional collection;
5        (7) transfers by a law enforcement or corrections
6    agency or a law enforcement or corrections officer acting
7    within the course and scope of his or her official duties;
8        (8) (blank); transfers to a State or local law
9    enforcement agency by a person who has his or her Firearm
10    Owner's Identification Card revoked;
11        (9) transfers of curios and relics, as defined under
12    federal law, between collectors licensed under subsection
13    (b) of Section 923 of the federal Gun Control Act of 1968;
14        (10) transfers by a person or entity licensed as an
15    auctioneer under the Auction License Act;
16        (10.5) transfers of firearms to a resident registered
17    competitor or attendee or non-resident registered
18    competitor or attendee by a licensed federal firearms
19    dealer under Section 923 of the federal Gun Control Act of
20    1968 at a competitive shooting event held at the World
21    Shooting and Recreational Complex that is sanctioned by a
22    national governing body; or
23        (11) transfers between a pawnshop and a customer which
24    amount to a bailment. For purposes of this paragraph (11),
25    "bailment" means the act of placing property in the
26    custody and control of another, by agreement in which the

 

 

HB0150- 89 -LRB102 04211 RLC 14228 b

1    holder is responsible for the safekeeping and return of
2    the property.
3(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
4    (430 ILCS 68/5-40)
5    Sec. 5-40. Qualifications for operation.
6    (a) Each certified licensee shall submit with each
7application for certification or renewal an affidavit to the
8Department stating that each owner, employee, or other agent
9of the certified licensee who sells or conducts transfers of
10firearms for the certified licensee is at least 21 years of
11age, has a currently valid Firearm Owner's Identification Card
12and, for a renewal, has completed the training required under
13Section 5-30. The affidavit must also contain the name and
14Firearm Owner's Identification Card number of each owner,
15employee, or other agent who sells or conducts transfers of
16firearms for the certified licensee. If an owner, employee, or
17other agent of the certified licensee is not otherwise a
18resident of this State, the certified licensee shall submit an
19affidavit stating that the owner, employee, or other agent has
20undergone a background check and is not prohibited from owning
21or possessing firearms.
22    (b) In addition to the affidavit required under subsection
23(a), within 30 days of a new owner, employee, or other agent
24beginning selling or conducting transfers of firearms for the
25certified licensee, the certified licensee shall submit an

 

 

HB0150- 90 -LRB102 04211 RLC 14228 b

1affidavit to the Department stating the date that the new
2owner, employee, or other agent began selling or conducting
3transfers of firearms for the certified licensee, and
4providing the information required in subsection (a) for that
5new owner, employee, or other agent.
6    (c) If a certified licensee has a license, certificate, or
7permit to sell, lease, transfer, purchase, or possess firearms
8issued by the federal government or the government of any
9state revoked or suspended for good cause within the preceding
104 years, the Department may consider revoking or suspending
11the certified licenses in this State. In making a
12determination of whether or not to revoke or suspend a
13certified license in this State, the Department shall consider
14the number of retail locations the certified licensee or any
15related person or entity operates in this State or in other
16states under the same or different business names, and the
17severity of the infraction in the state in which a license was
18revoked or suspended.
19    (d) Applications and affidavits required under this
20Section are not subject to disclosure by the Department under
21the Freedom of Information Act.
22(Source: P.A. 100-1178, eff. 1-18-19.)
 
23    (430 ILCS 68/5-85)
24    Sec. 5-85. Disciplinary sanctions.
25    (a) For violations of this Act not penalized under Section

 

 

HB0150- 91 -LRB102 04211 RLC 14228 b

15-15, the Department may refuse to renew or restore, or may
2reprimand, place on probation, suspend, revoke, or take other
3disciplinary or non-disciplinary action against any licensee,
4and may impose a fine commensurate with the severity of the
5violation not to exceed $10,000 for each violation for any of
6the following, consistent with the Protection of Lawful
7Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
8        (1) Violations of this Act, or any law applicable to
9    the sale or transfer of firearms.
10        (2) A pattern of practice or other behavior which
11    demonstrates incapacity or incompetency to practice under
12    this Act.
13        (3) Aiding or assisting another person in violating
14    any provision of this Act or rules adopted under this Act.
15        (4) Failing, within 60 days, to provide information in
16    response to a written request made by the Department.
17        (5) Conviction of, plea of guilty to, or plea of nolo
18    contendere to any crime that disqualifies the person from
19    obtaining a firearm valid Firearm Owner's Identification
20    Card.
21        (6) Continued practice, although the person has become
22    unfit to practice due to any of the following:
23            (A) Any circumstance that disqualifies the person
24        from obtaining a firearm valid Firearm Owner's
25        Identification Card or concealed carry license.
26            (B) Habitual or excessive use or abuse of drugs

 

 

HB0150- 92 -LRB102 04211 RLC 14228 b

1        defined in law as controlled substances, alcohol, or
2        any other substance that results in the inability to
3        practice with reasonable judgment, skill, or safety.
4        (7) Receiving, directly or indirectly, compensation
5    for any firearms sold or transferred illegally.
6        (8) Discipline by another United States jurisdiction,
7    foreign nation, or governmental agency, if at least one of
8    the grounds for the discipline is the same or
9    substantially equivalent to those set forth in this Act.
10        (9) Violation of any disciplinary order imposed on a
11    licensee by the Department.
12        (10) A finding by the Department that the licensee,
13    after having his or her certified license placed on
14    probationary status, has violated the terms of probation.
15        (11) A fraudulent or material misstatement in the
16    completion of an affirmative obligation or inquiry by law
17    enforcement.
18    (b) All fines imposed under this Section shall be paid
19within 90 days after the effective date of the final order
20imposing the fine.
21(Source: P.A. 100-1178, eff. 1-18-19.)
 
22    Section 75. The Wildlife Code is amended by changing
23Sections 3.2 and 3.2a as follows:
 
24    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)

 

 

HB0150- 93 -LRB102 04211 RLC 14228 b

1    Sec. 3.2. Hunting license; application; instruction.
2Before the Department or any county, city, village, township,
3incorporated town clerk or his duly designated agent or any
4other person authorized or designated by the Department to
5issue hunting licenses shall issue a hunting license to any
6person, the person shall file his application with the
7Department or other party authorized to issue licenses on a
8form provided by the Department and further give definite
9proof of identity and place of legal residence. Each clerk
10designating agents to issue licenses and stamps shall furnish
11the Department, within 10 days following the appointment, the
12names and mailing addresses of the agents. Each clerk or his
13duly designated agent shall be authorized to sell licenses and
14stamps only within the territorial area for which he was
15elected or appointed. No duly designated agent is authorized
16to furnish licenses or stamps for issuance by any other
17business establishment. Each application shall be executed and
18sworn to and shall set forth the name and description of the
19applicant and place of residence.
20    No hunting license shall be issued to any person born on or
21after January 1, 1980 unless he presents the person authorized
22to issue the license evidence that he has held a hunting
23license issued by the State of Illinois or another state in a
24prior year, or a certificate of competency as provided in this
25Section. Persons under 18 years of age may be issued a Lifetime
26Hunting or Sportsmen's Combination License as provided under

 

 

HB0150- 94 -LRB102 04211 RLC 14228 b

1Section 20-45 of the Fish and Aquatic Life Code but shall not
2be entitled to hunt alone, without the supervision of an adult
3age 21 or older, unless they have a certificate of competency
4as provided in this Section and the certificate is in their
5possession while hunting.
6    The Department of Natural Resources shall authorize
7personnel of the Department or certified volunteer instructors
8to conduct courses, of not less than 10 hours in length, in
9firearms and hunter safety, which may include training in bow
10and arrow safety, at regularly specified intervals throughout
11the State. Persons successfully completing the course shall
12receive a certificate of competency. The Department of Natural
13Resources may further cooperate with any reputable association
14or organization in establishing courses if the organization
15has as one of its objectives the promotion of safety in the
16handling of firearms or bow and arrow.
17    The Department of Natural Resources shall designate any
18person found by it to be competent to give instruction in the
19handling of firearms, hunter safety, and bow and arrow. The
20persons so appointed shall give the course of instruction and
21upon the successful completion shall issue to the person
22instructed a certificate of competency in the safe handling of
23firearms, hunter safety, and bow and arrow. No charge shall be
24made for any course of instruction except for materials or
25ammunition consumed. The Department of Natural Resources shall
26furnish information on the requirements of hunter safety

 

 

HB0150- 95 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 96 -LRB102 04211 RLC 14228 b

13.27, shall be issued upon proper application being made and
2payment of a fee equal to that for a resident hunting license.
3The expiration date of this license shall be on the same date
4each year that game breeding and hunting preserve area
5licenses expire.
6    Each applicant for a State Migratory Waterfowl Stamp,
7regardless of his residence or other condition, shall pay a
8fee of $15 and shall receive a stamp. The fee for a State
9Migratory Waterfowl Stamp shall be waived for residents over
1075 years of age. Except as provided under Section 20-45 of the
11Fish and Aquatic Life Code, the stamp shall be signed by the
12person or affixed to his license or permit in a space
13designated by the Department for that purpose.
14    Each applicant for a State Habitat Stamp, regardless of
15his residence or other condition, shall pay a fee of $5 and
16shall receive a stamp. The fee for a State Habitat Stamp shall
17be waived for residents over 75 years of age. Except as
18provided under Section 20-45 of the Fish and Aquatic Life
19Code, the stamp shall be signed by the person or affixed to his
20license or permit in a space designated by the Department for
21that purpose.
22    Nothing in this Section shall be construed as to require
23the purchase of more than one State Habitat Stamp by any person
24in any one license year.
25    The fees for State Pheasant Stamps and State Furbearer
26Stamps shall be waived for residents over 75 years of age.

 

 

HB0150- 97 -LRB102 04211 RLC 14228 b

1    The Department shall furnish the holders of hunting
2licenses and stamps with an insignia as evidence of possession
3of license, or license and stamp, as the Department may
4consider advisable. The insignia shall be exhibited and used
5as the Department may order.
6    All other hunting licenses and all State stamps shall
7expire upon March 31 of each year.
8    Every person holding any license, permit, or stamp issued
9under the provisions of this Act shall have it in his
10possession for immediate presentation for inspection to the
11officers and authorized employees of the Department, any
12sheriff, deputy sheriff, or any other peace officer making a
13demand for it. This provision shall not apply to Department
14owned or managed sites where it is required that all hunters
15deposit their license or , permit, or Firearm Owner's
16Identification Card at the check station upon entering the
17hunting areas.
18(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
19    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
20    Sec. 3.2a. Every person holding any license, permit or
21stamp issued under the provisions hereof shall have it in his
22possession for immediate presentation for inspection to the
23officers and authorized employees of the Department, any
24sheriff, deputy sheriff or any other peace officer making a
25demand for it. This provision shall not apply to Department

 

 

HB0150- 98 -LRB102 04211 RLC 14228 b

1owned or managed sites where it is required that all hunters
2deposit their license or , permit or Firearm Owner's
3Identification Card at the check station upon entering the
4hunting areas.
5(Source: P.A. 85-152.)
 
6    Section 76. The Illinois Vehicle Code is amended by
7changing Section 2-116 as follows:
 
8    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
9    Sec. 2-116. Secretary of State Department of Police.
10    (a) The Secretary of State and the officers, inspectors,
11and investigators appointed by him shall cooperate with the
12State Police and the sheriffs and police in enforcing the laws
13regulating the operation of vehicles and the use of the
14highways.
15    (b) The Secretary of State may provide training and
16education for members of his office in traffic regulation, the
17promotion of traffic safety and the enforcement of laws vested
18in the Secretary of State for administration and enforcement
19regulating the operation of vehicles and the use of the
20highways.
21    (c) The Secretary of State may provide distinctive
22uniforms and badges for officers, inspectors and investigators
23employed in the administration of laws relating to the
24operation of vehicles and the use of the highways and vesting

 

 

HB0150- 99 -LRB102 04211 RLC 14228 b

1the administration and enforcement of such laws in the
2Secretary of State.
3    (c-5) The Director of the Secretary of State Department of
4Police shall establish a program to allow a Secretary of State
5Police officer, inspector, or investigator who is honorably
6retiring in good standing to purchase either one or both of the
7following: (1) any Secretary of State Department of Police
8badge previously issued to that officer, inspector, or
9investigator; or (2) if the officer, inspector, or
10investigator has a currently valid Firearm Owner's
11Identification Card, the service firearm issued or previously
12issued to the officer, inspector, or investigator by the
13Secretary of State Department of Police. The cost of the
14firearm shall be the replacement value of the firearm and not
15the firearm's fair market value.
16    (d) The Secretary of State Department of Police is
17authorized to:
18        (1) investigate the origins, activities, persons, and
19    incidents of crime and the ways and means, if any, to
20    redress the victims of crimes, and study the impact, if
21    any, of legislation relative to the criminal laws of this
22    State related thereto and conduct any other investigations
23    as may be provided by law;
24        (2) employ skilled experts, technicians,
25    investigators, special agents, or otherwise specially
26    qualified persons to aid in preventing or detecting crime,

 

 

HB0150- 100 -LRB102 04211 RLC 14228 b

1    apprehending criminals, or preparing and presenting
2    evidence of violations of the criminal laws of the State;
3        (3) cooperate with the police of cities, villages, and
4    incorporated towns, and with the police officers of any
5    county, in enforcing the laws of the State and in making
6    arrests;
7        (4) provide, as may be required by law, assistance to
8    local law enforcement agencies through training,
9    management, and consultant services for local law
10    enforcement agencies, pertaining to law enforcement
11    activities;
12        (5) exercise the rights, powers, and duties which have
13    been vested in it by the Secretary of State Act and this
14    Code; and
15        (6) enforce and administer any other laws in relation
16    to law enforcement as may be vested in the Secretary of
17    State Department of Police.
18    Persons within the Secretary of State Department of Police
19who exercise these powers are conservators of the peace and
20have all the powers possessed by policemen in municipalities
21and sheriffs, and may exercise these powers anywhere in the
22State in cooperation with local law enforcement officials.
23These persons may use false or fictitious names in the
24performance of their duties under this Section, upon approval
25of the Director of Police-Secretary of State, and shall not be
26subject to prosecution under the criminal laws for that use.

 

 

HB0150- 101 -LRB102 04211 RLC 14228 b

1    (e) The Secretary of State Department of Police may
2charge, collect, and receive fees or moneys equivalent to the
3cost of providing its personnel, equipment, and services to
4governmental agencies when explicitly requested by a
5governmental agency and according to an intergovernmental
6agreement or memorandums of understanding as provided by this
7Section, including but not limited to fees or moneys
8equivalent to the cost of providing training to other
9governmental agencies on terms and conditions that in the
10judgment of the Director of Police-Secretary of State are in
11the best interest of the Secretary of State. All fees received
12by the Secretary of State Police Department under this Act
13shall be deposited in a special fund in the State Treasury to
14be known as the Secretary of State Police Services Fund. The
15money deposited in the Secretary of State Police Services Fund
16shall be appropriated to the Secretary of State Department of
17Police as provided for in subsection (g).
18    (f) The Secretary of State Department of Police may apply
19for grants or contracts and receive, expend, allocate, or
20disburse moneys made available by public or private entities,
21including, but not limited to, contracts, bequests, grants, or
22receiving equipment from corporations, foundations, or public
23or private institutions of higher learning.
24    (g) The Secretary of State Police Services Fund is hereby
25created as a special fund in the State Treasury. All moneys
26received under this Section by the Secretary of State

 

 

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1Department of Police shall be deposited into the Secretary of
2State Police Services Fund to be appropriated to the Secretary
3of State Department of Police for purposes as indicated by the
4grantor or contractor or, in the case of moneys bequeathed or
5granted for no specific purpose, for any purpose as deemed
6appropriate by the Director of Police-Secretary of State in
7administering the responsibilities of the Secretary of State
8Department of Police.
9(Source: P.A. 100-931, eff. 8-17-18.)
 
10    Section 80. The Criminal Code of 2012 is amended by
11changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1224-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
1324-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
14follows:
 
15    (720 ILCS 5/2-7.1)
16    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
17"Firearm "Firearm" and "firearm ammunition" means any
18self-contained cartridge or shotgun shell, by whatever name
19known, which is designed to be used or adaptable to use in a
20firearm; excluding, however:
21    (1) any ammunition exclusively designed for use with a
22device used exclusively for signaling or safety and required
23or recommended by the United States Coast Guard or the
24Interstate Commerce Commission; and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    medical services personnel, or utility worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (6) An officer or employee of the State of Illinois, a
8    unit of local government, or a school district, while
9    performing his or her official duties.
10        (7) A transit employee performing his or her official
11    duties, or a transit passenger.
12        (8) A taxi driver on duty.
13        (9) A merchant who detains the person for an alleged
14    commission of retail theft under Section 16-26 of this
15    Code and the person without legal justification by any
16    means causes bodily harm to the merchant.
17        (10) A person authorized to serve process under
18    Section 2-202 of the Code of Civil Procedure or a special
19    process server appointed by the circuit court while that
20    individual is in the performance of his or her duties as a
21    process server.
22        (11) A nurse while in the performance of his or her
23    duties as a nurse.
24        (12) A merchant: (i) while performing his or her
25    duties, including, but not limited to, relaying directions
26    for healthcare or safety from his or her supervisor or

 

 

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1    employer or relaying health or safety guidelines,
2    recommendations, regulations, or rules from a federal,
3    State, or local public health agency; and (ii) during a
4    disaster declared by the Governor, or a state of emergency
5    declared by the mayor of the municipality in which the
6    merchant is located, due to a public health emergency and
7    for a period of 6 months after such declaration.
8    (e) Offense based on use of a firearm. A person commits
9aggravated battery when, in committing a battery, he or she
10knowingly does any of the following:
11        (1) Discharges a firearm, other than a machine gun or
12    a firearm equipped with a silencer, and causes any injury
13    to another person.
14        (2) Discharges a firearm, other than a machine gun or
15    a firearm equipped with a silencer, and causes any injury
16    to a person he or she knows to be a peace officer,
17    community policing volunteer, person summoned by a police
18    officer, fireman, private security officer, correctional
19    institution employee, or emergency management worker:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (3) Discharges a firearm, other than a machine gun or
26    a firearm equipped with a silencer, and causes any injury

 

 

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

 

 

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1        (7) Discharges a machine gun or a firearm equipped
2    with a silencer, and causes any injury to a person he or
3    she knows to be emergency medical services personnel:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (8) Discharges a machine gun or a firearm equipped
10    with a silencer, and causes any injury to a person he or
11    she knows to be a teacher, or a student in a school, or a
12    school employee, and the teacher, student, or employee is
13    upon school grounds or grounds adjacent to a school or in
14    any part of a building used for school purposes.
15    (f) Offense based on use of a weapon or device. A person
16commits aggravated battery when, in committing a battery, he
17or she does any of the following:
18        (1) Uses a deadly weapon other than by discharge of a
19    firearm, or uses an air rifle as defined in Section
20    24.8-0.1 of this Code.
21        (2) Wears a hood, robe, or mask to conceal his or her
22    identity.
23        (3) Knowingly and without lawful justification shines
24    or flashes a laser gunsight or other laser device attached
25    to a firearm, or used in concert with a firearm, so that
26    the laser beam strikes upon or against the person of

 

 

HB0150- 111 -LRB102 04211 RLC 14228 b

1    another.
2        (4) Knowingly video or audio records the offense with
3    the intent to disseminate the recording.
4    (g) Offense based on certain conduct. A person commits
5aggravated battery when, other than by discharge of a firearm,
6he or she does any of the following:
7        (1) Violates Section 401 of the Illinois Controlled
8    Substances Act by unlawfully delivering a controlled
9    substance to another and any user experiences great bodily
10    harm or permanent disability as a result of the injection,
11    inhalation, or ingestion of any amount of the controlled
12    substance.
13        (2) Knowingly administers to an individual or causes
14    him or her to take, without his or her consent or by threat
15    or deception, and for other than medical purposes, any
16    intoxicating, poisonous, stupefying, narcotic,
17    anesthetic, or controlled substance, or gives to another
18    person any food containing any substance or object
19    intended to cause physical injury if eaten.
20        (3) Knowingly causes or attempts to cause a
21    correctional institution employee or Department of Human
22    Services employee to come into contact with blood, seminal
23    fluid, urine, or feces by throwing, tossing, or expelling
24    the fluid or material, and the person is an inmate of a
25    penal institution or is a sexually dangerous person or
26    sexually violent person in the custody of the Department

 

 

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1    of Human Services.
2    (h) Sentence. Unless otherwise provided, aggravated
3battery is a Class 3 felony.
4    Aggravated battery as defined in subdivision (a)(4),
5(d)(4), or (g)(3) is a Class 2 felony.
6    Aggravated battery as defined in subdivision (a)(3) or
7(g)(1) is a Class 1 felony.
8    Aggravated battery as defined in subdivision (a)(1) is a
9Class 1 felony when the aggravated battery was intentional and
10involved the infliction of torture, as defined in paragraph
11(14) of subsection (b) of Section 9-1 of this Code, as the
12infliction of or subjection to extreme physical pain,
13motivated by an intent to increase or prolong the pain,
14suffering, or agony of the victim.
15    Aggravated battery as defined in subdivision (a)(1) is a
16Class 2 felony when the person causes great bodily harm or
17permanent disability to an individual whom the person knows to
18be a member of a congregation engaged in prayer or other
19religious activities at a church, synagogue, mosque, or other
20building, structure, or place used for religious worship.
21    Aggravated battery under subdivision (a)(5) is a Class 1
22felony if:
23        (A) the person used or attempted to use a dangerous
24    instrument while committing the offense;
25        (B) the person caused great bodily harm or permanent
26    disability or disfigurement to the other person while

 

 

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1    committing the offense; or
2        (C) the person has been previously convicted of a
3    violation of subdivision (a)(5) under the laws of this
4    State or laws similar to subdivision (a)(5) of any other
5    state.
6    Aggravated battery as defined in subdivision (e)(1) is a
7Class X felony.
8    Aggravated battery as defined in subdivision (a)(2) is a
9Class X felony for which a person shall be sentenced to a term
10of imprisonment of a minimum of 6 years and a maximum of 45
11years.
12    Aggravated battery as defined in subdivision (e)(5) is a
13Class X felony for which a person shall be sentenced to a term
14of imprisonment of a minimum of 12 years and a maximum of 45
15years.
16    Aggravated battery as defined in subdivision (e)(2),
17(e)(3), or (e)(4) is a Class X felony for which a person shall
18be sentenced to a term of imprisonment of a minimum of 15 years
19and a maximum of 60 years.
20    Aggravated battery as defined in subdivision (e)(6),
21(e)(7), or (e)(8) is a Class X felony for which a person shall
22be sentenced to a term of imprisonment of a minimum of 20 years
23and a maximum of 60 years.
24    Aggravated battery as defined in subdivision (b)(1) is a
25Class X felony, except that:
26        (1) if the person committed the offense while armed

 

 

HB0150- 114 -LRB102 04211 RLC 14228 b

1    with a firearm, 15 years shall be added to the term of
2    imprisonment imposed by the court;
3        (2) if, during the commission of the offense, the
4    person personally discharged a firearm, 20 years shall be
5    added to the term of imprisonment imposed by the court;
6        (3) if, during the commission of the offense, the
7    person personally discharged a firearm that proximately
8    caused great bodily harm, permanent disability, permanent
9    disfigurement, or death to another person, 25 years or up
10    to a term of natural life shall be added to the term of
11    imprisonment imposed by the court.
12    (i) Definitions. In this Section:
13    "Building or other structure used to provide shelter" has
14the meaning ascribed to "shelter" in Section 1 of the Domestic
15Violence Shelters Act.
16    "Domestic violence" has the meaning ascribed to it in
17Section 103 of the Illinois Domestic Violence Act of 1986.
18    "Domestic violence shelter" means any building or other
19structure used to provide shelter or other services to victims
20or to the dependent children of victims of domestic violence
21pursuant to the Illinois Domestic Violence Act of 1986 or the
22Domestic Violence Shelters Act, or any place within 500 feet
23of such a building or other structure in the case of a person
24who is going to or from such a building or other structure.
25    "Firearm" has the meaning provided under Section 2-7.5 1.1
26of the Firearm Owners Identification Card Act, and does not

 

 

HB0150- 115 -LRB102 04211 RLC 14228 b

1include an air rifle as defined by Section 24.8-0.1 of this
2Code.
3    "Machine gun" has the meaning ascribed to it in Section
424-1 of this Code.
5    "Merchant" has the meaning ascribed to it in Section
616-0.1 of this Code.
7    "Strangle" means intentionally impeding the normal
8breathing or circulation of the blood of an individual by
9applying pressure on the throat or neck of that individual or
10by blocking the nose or mouth of that individual.
11(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
12    (720 ILCS 5/16-0.1)
13    Sec. 16-0.1. Definitions. In this Article, unless the
14context clearly requires otherwise, the following terms are
15defined as indicated:
16    "Access" means to use, instruct, communicate with, store
17data in, retrieve or intercept data from, or otherwise utilize
18any services of a computer.
19    "Coin-operated machine" includes any automatic vending
20machine or any part thereof, parking meter, coin telephone,
21coin-operated transit turnstile, transit fare box, coin
22laundry machine, coin dry cleaning machine, amusement machine,
23music machine, vending machine dispensing goods or services,
24or money changer.
25    "Communication device" means any type of instrument,

 

 

HB0150- 116 -LRB102 04211 RLC 14228 b

1device, machine, or equipment which is capable of
2transmitting, acquiring, decrypting, or receiving any
3telephonic, electronic, data, Internet access, audio, video,
4microwave, or radio transmissions, signals, communications, or
5services, including the receipt, acquisition, transmission, or
6decryption of all such communications, transmissions, signals,
7or services provided by or through any cable television, fiber
8optic, telephone, satellite, microwave, radio, Internet-based,
9data transmission, or wireless distribution network, system or
10facility; or any part, accessory, or component thereof,
11including any computer circuit, security module, smart card,
12software, computer chip, electronic mechanism or other
13component, accessory or part of any communication device which
14is capable of facilitating the transmission, decryption,
15acquisition or reception of all such communications,
16transmissions, signals, or services.
17    "Communication service" means any service lawfully
18provided for a charge or compensation to facilitate the lawful
19origination, transmission, emission, or reception of signs,
20signals, data, writings, images, and sounds or intelligence of
21any nature by telephone, including cellular telephones or a
22wire, wireless, radio, electromagnetic, photo-electronic or
23photo-optical system; and also any service lawfully provided
24by any radio, telephone, cable television, fiber optic,
25satellite, microwave, Internet-based or wireless distribution
26network, system, facility or technology, including, but not

 

 

HB0150- 117 -LRB102 04211 RLC 14228 b

1limited to, any and all electronic, data, video, audio,
2Internet access, telephonic, microwave and radio
3communications, transmissions, signals and services, and any
4such communications, transmissions, signals and services
5lawfully provided directly or indirectly by or through any of
6those networks, systems, facilities or technologies.
7    "Communication service provider" means: (1) any person or
8entity providing any communication service, whether directly
9or indirectly, as a reseller, including, but not limited to, a
10cellular, paging or other wireless communications company or
11other person or entity which, for a fee, supplies the
12facility, cell site, mobile telephone switching office or
13other equipment or communication service; (2) any person or
14entity owning or operating any cable television, fiber optic,
15satellite, telephone, wireless, microwave, radio, data
16transmission or Internet-based distribution network, system or
17facility; and (3) any person or entity providing any
18communication service directly or indirectly by or through any
19such distribution system, network or facility.
20    "Computer" means a device that accepts, processes, stores,
21retrieves or outputs data, and includes but is not limited to
22auxiliary storage and telecommunications devices connected to
23computers.
24    "Continuing course of conduct" means a series of acts, and
25the accompanying mental state necessary for the crime in
26question, irrespective of whether the series of acts are

 

 

HB0150- 118 -LRB102 04211 RLC 14228 b

1continuous or intermittent.
2    "Delivery container" means any bakery basket of wire or
3plastic used to transport or store bread or bakery products,
4any dairy case of wire or plastic used to transport or store
5dairy products, and any dolly or cart of 2 or 4 wheels used to
6transport or store any bakery or dairy product.
7    "Document-making implement" means any implement,
8impression, template, computer file, computer disc, electronic
9device, computer hardware, computer software, instrument, or
10device that is used to make a real or fictitious or fraudulent
11personal identification document.
12    "Financial transaction device" means any of the following:
13        (1) An electronic funds transfer card.
14        (2) A credit card.
15        (3) A debit card.
16        (4) A point-of-sale card.
17        (5) Any instrument, device, card, plate, code, account
18    number, personal identification number, or a record or
19    copy of a code, account number, or personal identification
20    number or other means of access to a credit account or
21    deposit account, or a driver's license or State
22    identification card used to access a proprietary account,
23    other than access originated solely by a paper instrument,
24    that can be used alone or in conjunction with another
25    access device, for any of the following purposes:
26            (A) Obtaining money, cash refund or credit

 

 

HB0150- 119 -LRB102 04211 RLC 14228 b

1        account, credit, goods, services, or any other thing
2        of value.
3            (B) Certifying or guaranteeing to a person or
4        business the availability to the device holder of
5        funds on deposit to honor a draft or check payable to
6        the order of that person or business.
7            (C) Providing the device holder access to a
8        deposit account for the purpose of making deposits,
9        withdrawing funds, transferring funds between deposit
10        accounts, obtaining information pertaining to a
11        deposit account, or making an electronic funds
12        transfer.
13    "Full retail value" means the merchant's stated or
14advertised price of the merchandise. "Full retail value"
15includes the aggregate value of property obtained from retail
16thefts committed by the same person as part of a continuing
17course of conduct from one or more mercantile establishments
18in a single transaction or in separate transactions over a
19period of one year.
20    "Internet" means an interactive computer service or system
21or an information service, system, or access software provider
22that provides or enables computer access by multiple users to
23a computer server, and includes, but is not limited to, an
24information service, system, or access software provider that
25provides access to a network system commonly known as the
26Internet, or any comparable system or service and also

 

 

HB0150- 120 -LRB102 04211 RLC 14228 b

1includes, but is not limited to, a World Wide Web page,
2newsgroup, message board, mailing list, or chat area on any
3interactive computer service or system or other online
4service.
5    "Library card" means a card or plate issued by a library
6facility for purposes of identifying the person to whom the
7library card was issued as authorized to borrow library
8material, subject to all limitations and conditions imposed on
9the borrowing by the library facility issuing such card.
10    "Library facility" includes any public library or museum,
11or any library or museum of an educational, historical or
12eleemosynary institution, organization or society.
13    "Library material" includes any book, plate, picture,
14photograph, engraving, painting, sculpture, statue, artifact,
15drawing, map, newspaper, pamphlet, broadside, magazine,
16manuscript, document, letter, microfilm, sound recording,
17audiovisual material, magnetic or other tape, electronic data
18processing record or other documentary, written or printed
19material regardless of physical form or characteristics, or
20any part thereof, belonging to, or on loan to or otherwise in
21the custody of a library facility.
22    "Manufacture or assembly of an unlawful access device"
23means to make, produce or assemble an unlawful access device
24or to modify, alter, program or re-program any instrument,
25device, machine, equipment or software so that it is capable
26of defeating or circumventing any technology, device or

 

 

HB0150- 121 -LRB102 04211 RLC 14228 b

1software used by the provider, owner or licensee of a
2communication service or of any data, audio or video programs
3or transmissions to protect any such communication, data,
4audio or video services, programs or transmissions from
5unauthorized access, acquisition, disclosure, receipt,
6decryption, communication, transmission or re-transmission.
7    "Manufacture or assembly of an unlawful communication
8device" means to make, produce or assemble an unlawful
9communication or wireless device or to modify, alter, program
10or reprogram a communication or wireless device to be capable
11of acquiring, disrupting, receiving, transmitting, decrypting,
12or facilitating the acquisition, disruption, receipt,
13transmission or decryption of, a communication service without
14the express consent or express authorization of the
15communication service provider, or to knowingly assist others
16in those activities.
17    "Master sound recording" means the original physical
18object on which a given set of sounds were first recorded and
19which the original object from which all subsequent sound
20recordings embodying the same set of sounds are directly or
21indirectly derived.
22    "Merchandise" means any item of tangible personal
23property, including motor fuel.
24    "Merchant" means an owner or operator of any retail
25mercantile establishment or any agent, employee, lessee,
26consignee, officer, director, franchisee, or independent

 

 

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1contractor of the owner or operator. "Merchant" also means a
2person who receives from an authorized user of a payment card,
3or someone the person believes to be an authorized user, a
4payment card or information from a payment card, or what the
5person believes to be a payment card or information from a
6payment card, as the instrument for obtaining, purchasing or
7receiving goods, services, money, or anything else of value
8from the person.
9    "Motor fuel" means a liquid, regardless of its properties,
10used to propel a vehicle, including gasoline and diesel.
11    "Online" means the use of any electronic or wireless
12device to access the Internet.
13    "Payment card" means a credit card, charge card, debit
14card, or any other card that is issued to an authorized card
15user and that allows the user to obtain, purchase, or receive
16goods, services, money, or anything else of value from a
17merchant.
18    "Person with a disability" means a person who suffers from
19a physical or mental impairment resulting from disease,
20injury, functional disorder or congenital condition that
21impairs the individual's mental or physical ability to
22independently manage his or her property or financial
23resources, or both.
24    "Personal identification document" means a birth
25certificate, a driver's license, a State identification card,
26a public, government, or private employment identification

 

 

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1card, a social security card, a license issued under the
2Firearm Concealed Carry Act firearm owner's identification
3card, a credit card, a debit card, or a passport issued to or
4on behalf of a person other than the offender, or any document
5made or issued, or falsely purported to have been made or
6issued, by or under the authority of the United States
7Government, the State of Illinois, or any other state
8political subdivision of any state, or any other governmental
9or quasi-governmental organization that is of a type intended
10for the purpose of identification of an individual, or any
11such document made or altered in a manner that it falsely
12purports to have been made on behalf of or issued to another
13person or by the authority of one who did not give that
14authority.
15    "Personal identifying information" means any of the
16following information:
17        (1) A person's name.
18        (2) A person's address.
19        (3) A person's date of birth.
20        (4) A person's telephone number.
21        (5) A person's driver's license number or State of
22    Illinois identification card as assigned by the Secretary
23    of State of the State of Illinois or a similar agency of
24    another state.
25        (6) A person's social security number.
26        (7) A person's public, private, or government

 

 

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1    employer, place of employment, or employment
2    identification number.
3        (8) The maiden name of a person's mother.
4        (9) The number assigned to a person's depository
5    account, savings account, or brokerage account.
6        (10) The number assigned to a person's credit or debit
7    card, commonly known as a "Visa Card", "MasterCard",
8    "American Express Card", "Discover Card", or other similar
9    cards whether issued by a financial institution,
10    corporation, or business entity.
11        (11) Personal identification numbers.
12        (12) Electronic identification numbers.
13        (13) Digital signals.
14        (14) User names, passwords, and any other word,
15    number, character or combination of the same usable in
16    whole or part to access information relating to a specific
17    individual, or to the actions taken, communications made
18    or received, or other activities or transactions of a
19    specific individual.
20        (15) Any other numbers or information which can be
21    used to access a person's financial resources, or to
22    identify a specific individual, or the actions taken,
23    communications made or received, or other activities or
24    transactions of a specific individual.
25    "Premises of a retail mercantile establishment" includes,
26but is not limited to, the retail mercantile establishment;

 

 

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1any common use areas in shopping centers; and all parking
2areas set aside by a merchant or on behalf of a merchant for
3the parking of vehicles for the convenience of the patrons of
4such retail mercantile establishment.
5    "Public water, gas, or power supply, or other public
6services" mean any service subject to regulation by the
7Illinois Commerce Commission; any service furnished by a
8public utility that is owned and operated by any political
9subdivision, public institution of higher education or
10municipal corporation of this State; any service furnished by
11any public utility that is owned by such political
12subdivision, public institution of higher education, or
13municipal corporation and operated by any of its lessees or
14operating agents; any service furnished by an electric
15cooperative as defined in Section 3.4 of the Electric Supplier
16Act; or wireless service or other service regulated by the
17Federal Communications Commission.
18    "Publish" means to communicate or disseminate information
19to any one or more persons, either orally, in person, or by
20telephone, radio or television or in writing of any kind,
21including, without limitation, a letter or memorandum,
22circular or handbill, newspaper or magazine article or book.
23    "Radio frequency identification device" means any
24implement, computer file, computer disc, electronic device,
25computer hardware, computer software, or instrument that is
26used to activate, read, receive, or decode information stored

 

 

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1on a RFID tag or transponder attached to a personal
2identification document.
3    "RFID tag or transponder" means a chip or device that
4contains personal identifying information from which the
5personal identifying information can be read or decoded by
6another device emitting a radio frequency that activates or
7powers a radio frequency emission response from the chip or
8transponder.
9    "Reencoder" means an electronic device that places encoded
10information from the magnetic strip or stripe of a payment
11card onto the magnetic strip or stripe of a different payment
12card.
13    "Retail mercantile establishment" means any place where
14merchandise is displayed, held, stored or offered for sale to
15the public.
16    "Scanning device" means a scanner, reader, or any other
17electronic device that is used to access, read, scan, obtain,
18memorize, or store, temporarily or permanently, information
19encoded on the magnetic strip or stripe of a payment card.
20    "Shopping cart" means those push carts of the type or
21types which are commonly provided by grocery stores, drug
22stores or other retail mercantile establishments for the use
23of the public in transporting commodities in stores and
24markets and, incidentally, from the stores to a place outside
25the store.
26    "Sound or audio visual recording" means any sound or audio

 

 

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1visual phonograph record, disc, pre-recorded tape, film, wire,
2magnetic tape or other object, device or medium, now known or
3hereafter invented, by which sounds or images may be
4reproduced with or without the use of any additional machine,
5equipment or device.
6    "Theft detection device remover" means any tool or device
7specifically designed and intended to be used to remove any
8theft detection device from any merchandise.
9    "Under-ring" means to cause the cash register or other
10sales recording device to reflect less than the full retail
11value of the merchandise.
12    "Unidentified sound or audio visual recording" means a
13sound or audio visual recording without the actual name and
14full and correct street address of the manufacturer, and the
15name of the actual performers or groups prominently and
16legibly printed on the outside cover or jacket and on the label
17of such sound or audio visual recording.
18    "Unlawful access device" means any type of instrument,
19device, machine, equipment, technology, or software which is
20primarily possessed, used, designed, assembled, manufactured,
21sold, distributed or offered, promoted or advertised for the
22purpose of defeating or circumventing any technology, device
23or software, or any component or part thereof, used by the
24provider, owner or licensee of any communication service or of
25any data, audio or video programs or transmissions to protect
26any such communication, audio or video services, programs or

 

 

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1transmissions from unauthorized access, acquisition, receipt,
2decryption, disclosure, communication, transmission or
3re-transmission.
4    "Unlawful communication device" means any electronic
5serial number, mobile identification number, personal
6identification number or any communication or wireless device
7that is capable of acquiring or facilitating the acquisition
8of a communication service without the express consent or
9express authorization of the communication service provider,
10or that has been altered, modified, programmed or
11reprogrammed, alone or in conjunction with another
12communication or wireless device or other equipment, to so
13acquire or facilitate the unauthorized acquisition of a
14communication service. "Unlawful communication device" also
15means:
16        (1) any phone altered to obtain service without the
17    express consent or express authorization of the
18    communication service provider, tumbler phone, counterfeit
19    or clone phone, tumbler microchip, counterfeit or clone
20    microchip, scanning receiver of wireless communication
21    service or other instrument capable of disguising its
22    identity or location or of gaining unauthorized access to
23    a communications or wireless system operated by a
24    communication service provider; and
25        (2) any communication or wireless device which is
26    capable of, or has been altered, designed, modified,

 

 

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

 

 

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1(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
21-1-12; 97-1109, eff. 1-1-13.)
 
3    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
4    Sec. 17-30. Defaced, altered, or removed manufacturer or
5owner identification number.
6    (a) Unlawful sale of household appliances. A person
7commits unlawful sale of household appliances when he or she
8knowingly, with the intent to defraud or deceive another,
9keeps for sale, within any commercial context, any household
10appliance with a missing, defaced, obliterated, or otherwise
11altered manufacturer's identification number.
12    (b) Construction equipment identification defacement. A
13person commits construction equipment identification
14defacement when he or she knowingly changes, alters, removes,
15mutilates, or obliterates a permanently affixed serial number,
16product identification number, part number, component
17identification number, owner-applied identification, or other
18mark of identification attached to or stamped, inscribed,
19molded, or etched into a machine or other equipment, whether
20stationary or mobile or self-propelled, or a part of such
21machine or equipment, used in the construction, maintenance,
22or demolition of buildings, structures, bridges, tunnels,
23sewers, utility pipes or lines, ditches or open cuts, roads,
24highways, dams, airports, or waterways or in material handling
25for such projects.

 

 

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1    The trier of fact may infer that the defendant has
2knowingly changed, altered, removed, or obliterated the serial
3number, product identification number, part number, component
4identification number, owner-applied identification number, or
5other mark of identification, if the defendant was in
6possession of any machine or other equipment or a part of such
7machine or equipment used in the construction, maintenance, or
8demolition of buildings, structures, bridges, tunnels, sewers,
9utility pipes or lines, ditches or open cuts, roads, highways,
10dams, airports, or waterways or in material handling for such
11projects upon which any such serial number, product
12identification number, part number, component identification
13number, owner-applied identification number, or other mark of
14identification has been changed, altered, removed, or
15obliterated.
16    (c) Defacement of manufacturer's serial number or
17identification mark. A person commits defacement of a
18manufacturer's serial number or identification mark when he or
19she knowingly removes, alters, defaces, covers, or destroys
20the manufacturer's serial number or any other manufacturer's
21number or distinguishing identification mark upon any machine
22or other article of merchandise, other than a motor vehicle as
23defined in Section 1-146 of the Illinois Vehicle Code or a
24firearm as defined in the Firearm Owners Identification Card
25Act, with the intent of concealing or destroying the identity
26of such machine or other article of merchandise.

 

 

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1    (d) Sentence.
2        (1) A violation of subsection (a) of this Section is a
3    Class 4 felony if the value of the appliance or appliances
4    exceeds $1,000 and a Class B misdemeanor if the value of
5    the appliance or appliances is $1,000 or less.
6        (2) A violation of subsection (b) of this Section is a
7    Class A misdemeanor.
8        (3) A violation of subsection (c) of this Section is a
9    Class B misdemeanor.
10    (e) No liability shall be imposed upon any person for the
11unintentional failure to comply with subsection (a).
12    (f) Definitions. In this Section:
13    "Commercial context" means a continuing business
14enterprise conducted for profit by any person whose primary
15business is the wholesale or retail marketing of household
16appliances, or a significant portion of whose business or
17inventory consists of household appliances kept or sold on a
18wholesale or retail basis.
19    "Household appliance" means any gas or electric device or
20machine marketed for use as home entertainment or for
21facilitating or expediting household tasks or chores. The term
22shall include but not necessarily be limited to refrigerators,
23freezers, ranges, radios, television sets, vacuum cleaners,
24toasters, dishwashers, and other similar household items.
25    "Manufacturer's identification number" means any serial
26number or other similar numerical or alphabetical designation

 

 

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1imprinted upon or attached to or placed, stamped, or otherwise
2imprinted upon or attached to a household appliance or item by
3the manufacturer for purposes of identifying a particular
4appliance or item individually or by lot number.
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of
9weapons when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any
14    knife, commonly referred to as a switchblade knife, which
15    has a blade that opens automatically by hand pressure
16    applied to a button, spring or other device in the handle
17    of the knife, or a ballistic knife, which is a device that
18    propels a knifelike blade as a projectile by means of a
19    coil spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or
24    deadly weapon or instrument of like character; or
25        (2.5) Carries or possesses with intent to use the same

 

 

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1    unlawfully against another, any firearm in a church,
2    synagogue, mosque, or other building, structure, or place
3    used for religious worship; or
4        (3) Carries on or about his person or in any vehicle, a
5    tear gas gun projector or bomb or any object containing
6    noxious liquid gas or substance, other than an object
7    containing a non-lethal noxious liquid gas or substance
8    designed solely for personal defense carried by a person
9    18 years of age or older; or
10        (4) Carries or possesses in any vehicle or concealed
11    on or about his person except when on his land or in his
12    own abode, legal dwelling, or fixed place of business, or
13    on the land or in the legal dwelling of another person as
14    an invitee with that person's permission, any pistol,
15    revolver, stun gun or taser or other firearm, except that
16    this subsection (a) (4) does not apply to or affect
17    transportation of weapons that meet one of the following
18    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 eligible under State and federal law to possess
24        a firearm who has been issued a currently valid
25        Firearm Owner's Identification Card; or
26            (iv) are carried or possessed in accordance with

 

 

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

 

 

HB0150- 136 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 137 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 138 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 139 -LRB102 04211 RLC 14228 b

1    solid piece of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
7a person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. A person convicted of a violation of subsection
1924-1(a)(2.5) commits a Class 2 felony. The possession of each
20weapon in violation of this Section constitutes a single and
21separate violation.
22    (c) Violations in specific places.
23        (1) A person who violates subsection 24-1(a)(6) or
24    24-1(a)(7) in any school, regardless of the time of day or
25    the time of year, in residential property owned, operated
26    or managed by a public housing agency or leased by a public

 

 

HB0150- 140 -LRB102 04211 RLC 14228 b

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

 

 

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

 

 

HB0150- 142 -LRB102 04211 RLC 14228 b

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

 

 

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

 

 

HB0150- 144 -LRB102 04211 RLC 14228 b

1    this Section.
2        (2) The provision of paragraph (1) of subsection (a)
3    of this Section prohibiting the sale, manufacture,
4    purchase, possession, or carrying of any knife, commonly
5    referred to as a switchblade knife, which has a blade that
6    opens automatically by hand pressure applied to a button,
7    spring or other device in the handle of the knife, does not
8    apply to a person eligible under State and federal law to
9    possess a firearm who possesses a currently valid Firearm
10    Owner's Identification Card previously issued in his or
11    her name by the Department of State Police or to a person
12    or an entity engaged in the business of selling or
13    manufacturing switchblade knives.
14(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
15    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
16    Sec. 24-1.1. Unlawful use or possession of weapons by
17felons or persons in the custody of the Department of
18Corrections facilities.
19    (a) It is unlawful for a person to knowingly possess on or
20about his person or on his land or in his own abode or fixed
21place of business any weapon prohibited under Section 24-1 of
22this Act or any firearm or any firearm ammunition if the person
23has been convicted of a felony under the laws of this State or
24any other jurisdiction. This Section shall not apply if the
25person has been granted relief under this subsection by the

 

 

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

 

 

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1    jurisdiction within 20 years of the filing of the
2    petition, or at least 20 years have passed since the end of
3    any period of imprisonment imposed in relation to that
4    conviction;
5        (3) the circumstances regarding a criminal conviction,
6    where applicable, the petitioner's criminal history and
7    his or her reputation are such that the petitioner will
8    not be likely to act in a manner dangerous to public
9    safety;
10        (4) granting relief would not be contrary to the
11    public interest; and
12        (5) granting relief would not be contrary to federal
13    law.
14    (b) It is unlawful for any person confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, to possess any weapon prohibited under Section
1724-1 of this Code or any firearm or firearm ammunition,
18regardless of the intent with which he possesses it.
19    (c) It shall be an affirmative defense to a violation of
20subsection (b), that such possession was specifically
21authorized by rule, regulation, or directive of the Illinois
22Department of Corrections or order issued pursuant thereto.
23    (d) The defense of necessity is not available to a person
24who is charged with a violation of subsection (b) of this
25Section.
26    (e) Sentence. Violation of this Section by a person not

 

 

HB0150- 147 -LRB102 04211 RLC 14228 b

1confined in a penal institution shall be a Class 3 felony for
2which the person shall be sentenced to no less than 2 years and
3no more than 10 years. A second or subsequent violation of this
4Section shall be a Class 2 felony for which the person shall be
5sentenced to a term of imprisonment of not less than 3 years
6and not more than 14 years, except as provided for in Section
75-4.5-110 of the Unified Code of Corrections. Violation of
8this Section by a person not confined in a penal institution
9who has been convicted of a forcible felony, a felony
10violation of Article 24 of this Code or of the Firearm Owners
11Identification Card Act, stalking or aggravated stalking, or a
12Class 2 or greater felony under the Illinois Controlled
13Substances Act, the Cannabis Control Act, or the
14Methamphetamine Control and Community Protection Act is a
15Class 2 felony for which the person shall be sentenced to not
16less than 3 years and not more than 14 years, except as
17provided for in Section 5-4.5-110 of the Unified Code of
18Corrections. Violation of this Section by a person who is on
19parole or mandatory supervised release is a Class 2 felony for
20which the person shall be sentenced to not less than 3 years
21and not more than 14 years, except as provided for in Section
225-4.5-110 of the Unified Code of Corrections. Violation of
23this Section by a person not confined in a penal institution is
24a Class X felony when the firearm possessed is a machine gun.
25Any person who violates this Section while confined in a penal
26institution, which is a facility of the Illinois Department of

 

 

HB0150- 148 -LRB102 04211 RLC 14228 b

1Corrections, is guilty of a Class 1 felony, if he possesses any
2weapon prohibited under Section 24-1 of this Code regardless
3of the intent with which he possesses it, a Class X felony if
4he possesses any firearm, firearm ammunition or explosive, and
5a Class X felony for which the offender shall be sentenced to
6not less than 12 years and not more than 50 years when the
7firearm possessed is a machine gun. A violation of this
8Section while wearing or in possession of body armor as
9defined in Section 33F-1 is a Class X felony punishable by a
10term of imprisonment of not less than 10 years and not more
11than 40 years. The possession of each firearm or firearm
12ammunition in violation of this Section constitutes a single
13and separate violation.
14(Source: P.A. 100-3, eff. 1-1-18.)
 
15    (720 ILCS 5/24-1.6)
16    Sec. 24-1.6. Aggravated unlawful use of a weapon.
17    (a) A person commits the offense of aggravated unlawful
18use of a weapon when he or she knowingly:
19        (1) Carries on or about his or her person or in any
20    vehicle or concealed on or about his or her person except
21    when on his or her land or in his or her abode, legal
22    dwelling, or fixed place of business, or on the land or in
23    the legal dwelling of another person as an invitee with
24    that person's permission, any pistol, revolver, stun gun
25    or taser or other firearm; or

 

 

HB0150- 149 -LRB102 04211 RLC 14228 b

1        (2) Carries or possesses on or about his or her
2    person, upon any public street, alley, or other public
3    lands within the corporate limits of a city, village or
4    incorporated town, except when an invitee thereon or
5    therein, for the purpose of the display of such weapon or
6    the lawful commerce in weapons, or except when on his or
7    her own land or in his or her own abode, legal dwelling, or
8    fixed place of business, or on the land or in the legal
9    dwelling of another person as an invitee with that
10    person's permission, any pistol, revolver, stun gun or
11    taser or other firearm; and
12        (3) One of the following factors is present:
13            (A) the firearm, other than a pistol, revolver, or
14        handgun, possessed was uncased, loaded, and
15        immediately accessible at the time of the offense; or
16            (A-5) the pistol, revolver, or handgun possessed
17        was uncased, loaded, and immediately accessible at the
18        time of the offense and the person possessing the
19        pistol, revolver, or handgun has not been issued a
20        currently valid license under the Firearm Concealed
21        Carry Act; or
22            (B) the firearm, other than a pistol, revolver, or
23        handgun, possessed was uncased, unloaded, and the
24        ammunition for the weapon was immediately accessible
25        at the time of the offense; or
26            (B-5) the pistol, revolver, or handgun possessed

 

 

HB0150- 150 -LRB102 04211 RLC 14228 b

1        was uncased, unloaded, and the ammunition for the
2        weapon was immediately accessible at the time of the
3        offense and the person possessing the pistol,
4        revolver, or handgun has not been issued a currently
5        valid license under the Firearm Concealed Carry Act;
6        or
7            (C) (blank); or the person possessing the firearm
8        has not been issued a currently valid Firearm Owner's
9        Identification Card; or
10            (D) the person possessing the weapon was
11        previously adjudicated a delinquent minor under the
12        Juvenile Court Act of 1987 for an act that if committed
13        by an adult would be a felony; or
14            (E) the person possessing the weapon was engaged
15        in a misdemeanor violation of the Cannabis Control
16        Act, in a misdemeanor violation of the Illinois
17        Controlled Substances Act, or in a misdemeanor
18        violation of the Methamphetamine Control and Community
19        Protection Act; or
20            (F) (blank); or
21            (G) the person possessing the weapon had an order
22        of protection issued against him or her within the
23        previous 2 years; or
24            (H) the person possessing the weapon was engaged
25        in the commission or attempted commission of a
26        misdemeanor involving the use or threat of violence

 

 

HB0150- 151 -LRB102 04211 RLC 14228 b

1        against the person or property of another; or
2            (I) the person possessing the weapon was under 21
3        years of age and in possession of a handgun, unless the
4        person under 21 is engaged in lawful activities under
5        the Wildlife Code or described in subsection
6        24-2(b)(1), (b)(3), or 24-2(f).
7    (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9    (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11    (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13        (i) are broken down in a non-functioning state; or
14        (ii) are not immediately accessible; or
15        (iii) are unloaded and enclosed in a case, firearm
16    carrying box, shipping box, or other container by a person
17    is eligible under State and federal law to possess a
18    firearm who has been issued a currently valid Firearm
19    Owner's Identification Card.
20    (d) Sentence.
21        (1) Aggravated unlawful use of a weapon is a Class 4
22    felony; a second or subsequent offense is a Class 2 felony
23    for which the person shall be sentenced to a term of
24    imprisonment of not less than 3 years and not more than 7
25    years, except as provided for in Section 5-4.5-110 of the
26    Unified Code of Corrections.

 

 

HB0150- 152 -LRB102 04211 RLC 14228 b

1        (2) (Blank). Except as otherwise provided in
2    paragraphs (3) and (4) of this subsection (d), a first
3    offense of aggravated unlawful use of a weapon committed
4    with a firearm by a person 18 years of age or older where
5    the factors listed in both items (A) and (C) or both items
6    (A-5) and (C) of paragraph (3) of subsection (a) are
7    present is a Class 4 felony, for which the person shall be
8    sentenced to a term of imprisonment of not less than one
9    year and not more than 3 years.
10        (3) Aggravated unlawful use of a weapon by a person
11    who has been previously convicted of a felony in this
12    State or another jurisdiction is a Class 2 felony for
13    which the person shall be sentenced to a term of
14    imprisonment of not less than 3 years and not more than 7
15    years, except as provided for in Section 5-4.5-110 of the
16    Unified Code of Corrections.
17        (4) Aggravated unlawful use of a weapon while wearing
18    or in possession of body armor as defined in Section 33F-1
19    by a person who is prohibited under State or federal law
20    from possessing a firearm has not been issued a valid
21    Firearms Owner's Identification Card in accordance with
22    Section 5 of the Firearm Owners Identification Card Act is
23    a Class X felony.
24    (e) The possession of each firearm in violation of this
25Section constitutes a single and separate violation.
26(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 

 

 

HB0150- 153 -LRB102 04211 RLC 14228 b

1    (720 ILCS 5/24-1.8)
2    Sec. 24-1.8. Unlawful possession of a firearm by a street
3gang member.
4    (a) A person commits unlawful possession of a firearm by a
5street gang member when he or she knowingly:
6        (1) possesses, carries, or conceals on or about his or
7    her person a firearm and firearm ammunition while on any
8    street, road, alley, gangway, sidewalk, or any other
9    lands, except when inside his or her own abode or inside
10    his or her fixed place of business, and has not been issued
11    a currently valid Firearm Owner's Identification Card and
12    is a member of a street gang; or
13        (2) possesses or carries in any vehicle a firearm and
14    firearm ammunition which are both immediately accessible
15    at the time of the offense while on any street, road,
16    alley, or any other lands, except when inside his or her
17    own abode or garage, and has not been issued a currently
18    valid Firearm Owner's Identification Card and is a member
19    of a street gang.
20    (b) Unlawful possession of a firearm by a street gang
21member is a Class 2 felony for which the person, if sentenced
22to a term of imprisonment, shall be sentenced to no less than 3
23years and no more than 10 years. A period of probation, a term
24of periodic imprisonment or conditional discharge shall not be
25imposed for the offense of unlawful possession of a firearm by

 

 

HB0150- 154 -LRB102 04211 RLC 14228 b

1a street gang member when the firearm was loaded or contained
2firearm ammunition and the court shall sentence the offender
3to not less than the minimum term of imprisonment authorized
4for the Class 2 felony.
5    (c) For purposes of this Section:
6        "Street gang" or "gang" has the meaning ascribed to it
7    in Section 10 of the Illinois Streetgang Terrorism Omnibus
8    Prevention Act.
9        "Street gang member" or "gang member" has the meaning
10    ascribed to it in Section 10 of the Illinois Streetgang
11    Terrorism Omnibus Prevention Act.
12(Source: P.A. 96-829, eff. 12-3-09.)
 
13    (720 ILCS 5/24-2)
14    Sec. 24-2. Exemptions.
15    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17the following:
18        (1) Peace officers, and any person summoned by a peace
19    officer to assist in making arrests or preserving the
20    peace, while actually engaged in assisting such officer.
21        (2) Wardens, superintendents and keepers of prisons,
22    penitentiaries, jails and other institutions for the
23    detention of persons accused or convicted of an offense,
24    while in the performance of their official duty, or while
25    commuting between their homes and places of employment.

 

 

HB0150- 155 -LRB102 04211 RLC 14228 b

1        (3) Members of the Armed Services or Reserve Forces of
2    the United States or the Illinois National Guard or the
3    Reserve Officers Training Corps, while in the performance
4    of their official duty.
5        (4) Special agents employed by a railroad or a public
6    utility to perform police functions, and guards of armored
7    car companies, while actually engaged in the performance
8    of the duties of their employment or commuting between
9    their homes and places of employment; and watchmen while
10    actually engaged in the performance of the duties of their
11    employment.
12        (5) Persons licensed as private security contractors,
13    private detectives, or private alarm contractors, or
14    employed by a private security contractor, private
15    detective, or private alarm contractor agency licensed by
16    the Department of Financial and Professional Regulation,
17    if their duties include the carrying of a weapon under the
18    provisions of the Private Detective, Private Alarm,
19    Private Security, Fingerprint Vendor, and Locksmith Act of
20    2004, while actually engaged in the performance of the
21    duties of their employment or commuting between their
22    homes and places of employment. A person shall be
23    considered eligible for this exemption if he or she has
24    completed the required 20 hours of training for a private
25    security contractor, private detective, or private alarm
26    contractor, or employee of a licensed private security

 

 

HB0150- 156 -LRB102 04211 RLC 14228 b

1    contractor, private detective, or private alarm contractor
2    agency and 20 hours of required firearm training, and has
3    been issued a firearm control card by the Department of
4    Financial and Professional Regulation. Conditions for the
5    renewal of firearm control cards issued under the
6    provisions of this Section shall be the same as for those
7    cards issued under the provisions of the Private
8    Detective, Private Alarm, Private Security, Fingerprint
9    Vendor, and Locksmith Act of 2004. The firearm control
10    card shall be carried by the private security contractor,
11    private detective, or private alarm contractor, or
12    employee of the licensed private security contractor,
13    private detective, or private alarm contractor agency at
14    all times when he or she is in possession of a concealable
15    weapon permitted by his or her firearm control card.
16        (6) Any person regularly employed in a commercial or
17    industrial operation as a security guard for the
18    protection of persons employed and private property
19    related to such commercial or industrial operation, while
20    actually engaged in the performance of his or her duty or
21    traveling between sites or properties belonging to the
22    employer, and who, as a security guard, is a member of a
23    security force registered with the Department of Financial
24    and Professional Regulation; provided that such security
25    guard has successfully completed a course of study,
26    approved by and supervised by the Department of Financial

 

 

HB0150- 157 -LRB102 04211 RLC 14228 b

1    and Professional Regulation, consisting of not less than
2    40 hours of training that includes the theory of law
3    enforcement, liability for acts, and the handling of
4    weapons. A person shall be considered eligible for this
5    exemption if he or she has completed the required 20 hours
6    of training for a security officer and 20 hours of
7    required firearm training, and has been issued a firearm
8    control card by the Department of Financial and
9    Professional Regulation. Conditions for the renewal of
10    firearm control cards issued under the provisions of this
11    Section shall be the same as for those cards issued under
12    the provisions of the Private Detective, Private Alarm,
13    Private Security, Fingerprint Vendor, and Locksmith Act of
14    2004. The firearm control card shall be carried by the
15    security guard at all times when he or she is in possession
16    of a concealable weapon permitted by his or her firearm
17    control card.
18        (7) Agents and investigators of the Illinois
19    Legislative Investigating Commission authorized by the
20    Commission to carry the weapons specified in subsections
21    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22    any investigation for the Commission.
23        (8) Persons employed by a financial institution as a
24    security guard for the protection of other employees and
25    property related to such financial institution, while
26    actually engaged in the performance of their duties,

 

 

HB0150- 158 -LRB102 04211 RLC 14228 b

1    commuting between their homes and places of employment, or
2    traveling between sites or properties owned or operated by
3    such financial institution, and who, as a security guard,
4    is a member of a security force registered with the
5    Department; provided that any person so employed has
6    successfully completed a course of study, approved by and
7    supervised by the Department of Financial and Professional
8    Regulation, consisting of not less than 40 hours of
9    training which includes theory of law enforcement,
10    liability for acts, and the handling of weapons. A person
11    shall be considered to be eligible for this exemption if
12    he or she has completed the required 20 hours of training
13    for a security officer and 20 hours of required firearm
14    training, and has been issued a firearm control card by
15    the Department of Financial and Professional Regulation.
16    Conditions for renewal of firearm control cards issued
17    under the provisions of this Section shall be the same as
18    for those issued under the provisions of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004. The firearm control
21    card shall be carried by the security guard at all times
22    when he or she is in possession of a concealable weapon
23    permitted by his or her firearm control card. For purposes
24    of this subsection, "financial institution" means a bank,
25    savings and loan association, credit union or company
26    providing armored car services.

 

 

HB0150- 159 -LRB102 04211 RLC 14228 b

1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace
5    officers pursuant to the Peace Officer Fire Investigation
6    Act.
7        (11) Investigators of the Office of the State's
8    Attorneys Appellate Prosecutor authorized by the board of
9    governors of the Office of the State's Attorneys Appellate
10    Prosecutor to carry weapons pursuant to Section 7.06 of
11    the State's Attorneys Appellate Prosecutor's Act.
12        (12) Special investigators appointed by a State's
13    Attorney under Section 3-9005 of the Counties Code.
14        (12.5) Probation officers while in the performance of
15    their duties, or while commuting between their homes,
16    places of employment or specific locations that are part
17    of their assigned duties, with the consent of the chief
18    judge of the circuit for which they are employed, if they
19    have received weapons training according to requirements
20    of the Peace Officer and Probation Officer Firearm
21    Training Act.
22        (13) Court Security Officers while in the performance
23    of their official duties, or while commuting between their
24    homes and places of employment, with the consent of the
25    Sheriff.
26        (13.5) A person employed as an armed security guard at

 

 

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1    a nuclear energy, storage, weapons or development site or
2    facility regulated by the Nuclear Regulatory Commission
3    who has completed the background screening and training
4    mandated by the rules and regulations of the Nuclear
5    Regulatory Commission.
6        (14) Manufacture, transportation, or sale of weapons
7    to persons authorized under subdivisions (1) through
8    (13.5) of this subsection to possess those weapons.
9    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect any person carrying a concealed pistol, revolver,
11or handgun and the person has been issued a currently valid
12license under the Firearm Concealed Carry Act at the time of
13the commission of the offense.
14     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect a qualified current or retired law enforcement
16officer qualified under the laws of this State or under the
17federal Law Enforcement Officers Safety Act.
18    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20        (1) Members of any club or organization organized for
21    the purpose of practicing shooting at targets upon
22    established target ranges, whether public or private, and
23    patrons of such ranges, while such members or patrons are
24    using their firearms on those target ranges.
25        (2) Duly authorized military or civil organizations
26    while parading, with the special permission of the

 

 

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1    Governor.
2        (3) Hunters, trappers or fishermen with a license or
3    permit while engaged in hunting, trapping or fishing.
4        (4) Transportation of weapons that are broken down in
5    a non-functioning state or are not immediately accessible.
6        (5) Carrying or possessing any pistol, revolver, stun
7    gun or taser or other firearm on the land or in the legal
8    dwelling of another person as an invitee with that
9    person's permission.
10    (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12        (1) Peace officers while in performance of their
13    official duties.
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        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard, while in
19    the performance of their official duty.
20        (4) Manufacture, transportation, or sale of machine
21    guns to persons authorized under subdivisions (1) through
22    (3) of this subsection to possess machine guns, if the
23    machine guns are broken down in a non-functioning state or
24    are not immediately accessible.
25        (5) Persons licensed under federal law to manufacture
26    any weapon from which 8 or more shots or bullets can be

 

 

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1    discharged by a single function of the firing device, or
2    ammunition for such weapons, and actually engaged in the
3    business of manufacturing such weapons or ammunition, but
4    only with respect to activities which are within the
5    lawful scope of such business, such as the manufacture,
6    transportation, or testing of such weapons or ammunition.
7    This exemption does not authorize the general private
8    possession of any weapon from which 8 or more shots or
9    bullets can be discharged by a single function of the
10    firing device, but only such possession and activities as
11    are within the lawful scope of a licensed manufacturing
12    business described in this paragraph.
13        During transportation, such weapons shall be broken
14    down in a non-functioning state or not immediately
15    accessible.
16        (6) The manufacture, transport, testing, delivery,
17    transfer or sale, and all lawful commercial or
18    experimental activities necessary thereto, of rifles,
19    shotguns, and weapons made from rifles or shotguns, or
20    ammunition for such rifles, shotguns or weapons, where
21    engaged in by a person operating as a contractor or
22    subcontractor pursuant to a contract or subcontract for
23    the development and supply of such rifles, shotguns,
24    weapons or ammunition to the United States government or
25    any branch of the Armed Forces of the United States, when
26    such activities are necessary and incident to fulfilling

 

 

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1    the terms of such contract.
2        The exemption granted under this subdivision (c)(6)
3    shall also apply to any authorized agent of any such
4    contractor or subcontractor who is operating within the
5    scope of his employment, where such activities involving
6    such weapon, weapons or ammunition are necessary and
7    incident to fulfilling the terms of such contract.
8        (7) A person possessing a rifle with a barrel or
9    barrels less than 16 inches in length if: (A) the person
10    has been issued a Curios and Relics license from the U.S.
11    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
12    (B) the person is an active member of a bona fide,
13    nationally recognized military re-enacting group and the
14    modification is required and necessary to accurately
15    portray the weapon for historical re-enactment purposes;
16    the re-enactor is in possession of a valid and current
17    re-enacting group membership credential; and the overall
18    length of the weapon as modified is not less than 26
19    inches.
20    (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a
22peace officer.
23    (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

 

 

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1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
7        (1) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard, while in
9    the performance of their official duty.
10        (2) Bonafide collectors of antique or surplus military
11    ordnance.
12        (3) Laboratories having a department of forensic
13    ballistics, or specializing in the development of
14    ammunition or explosive ordnance.
15        (4) Commerce, preparation, assembly or possession of
16    explosive bullets by manufacturers of ammunition licensed
17    by the federal government, in connection with the supply
18    of those organizations and persons exempted by subdivision
19    (g)(1) of this Section, or like organizations and persons
20    outside this State, or the transportation of explosive
21    bullets to any organization or person exempted in this
22    Section by a common carrier or by a vehicle owned or leased
23    by an exempted manufacturer.
24    (g-5) Subsection 24-1(a)(6) does not apply to or affect
25persons licensed under federal law to manufacture any device
26or attachment of any kind designed, used, or intended for use

 

 

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1in silencing the report of any firearm, firearms, or
2ammunition for those firearms equipped with those devices, and
3actually engaged in the business of manufacturing those
4devices, firearms, or ammunition, but only with respect to
5activities that are within the lawful scope of that business,
6such as the manufacture, transportation, or testing of those
7devices, firearms, or ammunition. This exemption does not
8authorize the general private possession of any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, but only such possession
11and activities as are within the lawful scope of a licensed
12manufacturing business described in this subsection (g-5).
13During transportation, these devices shall be detached from
14any weapon or not immediately accessible.
15    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20    (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

 

 

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1duties include the investigation of criminal acts.
2    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
4athlete's possession, transport on official Olympic and
5Paralympic transit systems established for athletes, or use of
6competition firearms sanctioned by the International Olympic
7Committee, the International Paralympic Committee, the
8International Shooting Sport Federation, or USA Shooting in
9connection with such athlete's training for and participation
10in shooting competitions at the 2016 Olympic and Paralympic
11Games and sanctioned test events leading up to the 2016
12Olympic and Paralympic Games.
13    (h) An information or indictment based upon a violation of
14any subsection of this Article need not negative any
15exemptions contained in this Article. The defendant shall have
16the burden of proving such an exemption.
17    (i) Nothing in this Article shall prohibit, apply to, or
18affect the transportation, carrying, or possession, of any
19pistol or revolver, stun gun, taser, or other firearm
20consigned to a common carrier operating under license of the
21State of Illinois or the federal government, where such
22transportation, carrying, or possession is incident to the
23lawful transportation in which such common carrier is engaged;
24and nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession of any
26pistol, revolver, stun gun, taser, or other firearm, not the

 

 

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1subject of and regulated by subsection 24-1(a)(7) or
2subsection 24-2(c) of this Article, which is unloaded and
3enclosed in a case, firearm carrying box, shipping box, or
4other container, by a person eligible under State and federal
5law to possess a firearm the possessor of a valid Firearm
6Owners Identification Card.
7(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
8    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
9    Sec. 24-3. Unlawful sale or delivery of firearms.
10    (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13        (a) Sells or gives any firearm of a size which may be
14    concealed upon the person to any person under 18 years of
15    age.
16        (b) Sells or gives any firearm to a person under 21
17    years of age who has been convicted of a misdemeanor other
18    than a traffic offense or adjudged delinquent.
19        (c) Sells or gives any firearm to any narcotic addict.
20        (d) Sells or gives any firearm to any person who has
21    been convicted of a felony under the laws of this or any
22    other jurisdiction.
23        (e) Sells or gives any firearm to any person who has
24    been a patient in a mental institution within the past 5
25    years. In this subsection (e):

 

 

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1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used
4        primarily for the care or treatment of persons with
5        mental illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm, incidental to a sale,
15    without withholding delivery of the firearm for at least
16    72 hours after application for its purchase has been made,
17    or delivers a stun gun or taser, incidental to a sale,
18    without withholding delivery of the stun gun or taser for
19    at least 24 hours after application for its purchase has
20    been made. However, this paragraph (g) does not apply to:
21    (1) the sale of a firearm to a law enforcement officer if
22    the seller of the firearm knows that the person to whom he
23    or she is selling the firearm is a law enforcement officer
24    or the sale of a firearm to a person who desires to
25    purchase a firearm for use in promoting the public
26    interest incident to his or her employment as a bank

 

 

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1    guard, armed truck guard, or other similar employment; (2)
2    a mail order sale of a firearm from a federally licensed
3    firearms dealer to a nonresident of Illinois under which
4    the firearm is mailed to a federally licensed firearms
5    dealer outside the boundaries of Illinois; (3) (blank);
6    (4) the sale of a firearm to a dealer licensed as a federal
7    firearms dealer under Section 923 of the federal Gun
8    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9    sale of any rifle, shotgun, or other long gun to a resident
10    registered competitor or attendee or non-resident
11    registered competitor or attendee by any dealer licensed
12    as a federal firearms dealer under Section 923 of the
13    federal Gun Control Act of 1968 at competitive shooting
14    events held at the World Shooting Complex sanctioned by a
15    national governing body. For purposes of transfers or
16    sales under subparagraph (5) of this paragraph (g), the
17    Department of Natural Resources shall give notice to the
18    Department of State Police at least 30 calendar days prior
19    to any competitive shooting events at the World Shooting
20    Complex sanctioned by a national governing body. The
21    notification shall be made on a form prescribed by the
22    Department of State Police. The sanctioning body shall
23    provide a list of all registered competitors and attendees
24    at least 24 hours before the events to the Department of
25    State Police. Any changes to the list of registered
26    competitors and attendees shall be forwarded to the

 

 

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1    Department of State Police as soon as practicable. The
2    Department of State Police must destroy the list of
3    registered competitors and attendees no later than 30 days
4    after the date of the event. Nothing in this paragraph (g)
5    relieves a federally licensed firearm dealer from the
6    requirements of conducting a NICS background check through
7    the Illinois Point of Contact under 18 U.S.C. 922(t). For
8    purposes of this paragraph (g), "application" means when
9    the buyer and seller reach an agreement to purchase a
10    firearm. For purposes of this paragraph (g), "national
11    governing body" means a group of persons who adopt rules
12    and formulate policy on behalf of a national firearm
13    sporting organization.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, manufactures, sells or delivers to any
17    unlicensed person a handgun having a barrel, slide, frame
18    or receiver which is a die casting of zinc alloy or any
19    other nonhomogeneous metal which will melt or deform at a
20    temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

HB0150- 171 -LRB102 04211 RLC 14228 b

1        (i) Sells or gives a firearm of any size to any person
2    under 18 years of age who is not eligible under State or
3    federal law to possess a firearm does not possess a valid
4    Firearm Owner's Identification Card.
5        (j) Sells or gives a firearm while engaged in the
6    business of selling firearms at wholesale or retail
7    without being licensed as a federal firearms dealer under
8    Section 923 of the federal Gun Control Act of 1968 (18
9    U.S.C. 923). In this paragraph (j):
10        A person "engaged in the business" means a person who
11    devotes time, attention, and labor to engaging in the
12    activity as a regular course of trade or business with the
13    principal objective of livelihood and profit, but does not
14    include a person who makes occasional repairs of firearms
15    or who occasionally fits special barrels, stocks, or
16    trigger mechanisms to firearms.
17        "With the principal objective of livelihood and
18    profit" means that the intent underlying the sale or
19    disposition of firearms is predominantly one of obtaining
20    livelihood and pecuniary gain, as opposed to other
21    intents, such as improving or liquidating a personal
22    firearms collection; however, proof of profit shall not be
23    required as to a person who engages in the regular and
24    repetitive purchase and disposition of firearms for
25    criminal purposes or terrorism.
26        (k) (Blank). Sells or transfers ownership of a firearm

 

 

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1    to a person who does not display to the seller or
2    transferor of the firearm either: (1) a currently valid
3    Firearm Owner's Identification Card that has previously
4    been issued in the transferee's name by the Department of
5    State Police under the provisions of the Firearm Owners
6    Identification Card Act; or (2) a currently valid license
7    to carry a concealed firearm that has previously been
8    issued in the transferee's name by the Department of State
9    Police under the Firearm Concealed Carry Act. This
10    paragraph (k) does not apply to the transfer of a firearm
11    to a person who is exempt from the requirement of
12    possessing a Firearm Owner's Identification Card under
13    Section 2 of the Firearm Owners Identification Card Act.
14    For the purposes of this Section, a currently valid
15    Firearm Owner's Identification Card means (i) a Firearm
16    Owner's Identification Card that has not expired or (ii)
17    an approval number issued in accordance with subsection
18    (a-10) of subsection 3 or Section 3.1 of the Firearm
19    Owners Identification Card Act shall be proof that the
20    Firearm Owner's Identification Card was valid.
21            (1) (Blank). In addition to the other requirements
22        of this paragraph (k), all persons who are not
23        federally licensed firearms dealers must also have
24        complied with subsection (a-10) of Section 3 of the
25        Firearm Owners Identification Card Act by determining
26        the validity of a purchaser's Firearm Owner's

 

 

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1        Identification Card.
2            (2) (Blank). All sellers or transferors who have
3        complied with the requirements of subparagraph (1) of
4        this paragraph (k) shall not be liable for damages in
5        any civil action arising from the use or misuse by the
6        transferee of the firearm transferred, except for
7        willful or wanton misconduct on the part of the seller
8        or transferor.
9        (l) Not being entitled to the possession of a firearm,
10    delivers the firearm, knowing it to have been stolen or
11    converted. It may be inferred that a person who possesses
12    a firearm with knowledge that its serial number has been
13    removed or altered has knowledge that the firearm is
14    stolen or converted.
15    (B) Paragraph (h) of subsection (A) does not include
16firearms sold within 6 months after enactment of Public Act
1778-355 (approved August 21, 1973, effective October 1, 1973),
18nor is any firearm legally owned or possessed by any citizen or
19purchased by any citizen within 6 months after the enactment
20of Public Act 78-355 subject to confiscation or seizure under
21the provisions of that Public Act. Nothing in Public Act
2278-355 shall be construed to prohibit the gift or trade of any
23firearm if that firearm was legally held or acquired within 6
24months after the enactment of that Public Act.
25    (C) Sentence.
26        (1) Any person convicted of unlawful sale or delivery

 

 

HB0150- 174 -LRB102 04211 RLC 14228 b

1    of firearms in violation of paragraph (c), (e), (f), (g),
2    or (h) of subsection (A) commits a Class 4 felony.
3        (2) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (b) or (i) of
5    subsection (A) commits a Class 3 felony.
6        (3) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (a) of subsection
8    (A) commits a Class 2 felony.
9        (4) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a), (b), or (i) of
11    subsection (A) in any school, on the real property
12    comprising a school, within 1,000 feet of the real
13    property comprising a school, at a school related
14    activity, or on or within 1,000 feet of any conveyance
15    owned, leased, or contracted by a school or school
16    district to transport students to or from school or a
17    school related activity, regardless of the time of day or
18    time of year at which the offense was committed, commits a
19    Class 1 felony. Any person convicted of a second or
20    subsequent violation of unlawful sale or delivery of
21    firearms in violation of paragraph (a), (b), or (i) of
22    subsection (A) in any school, on the real property
23    comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related
25    activity, or on or within 1,000 feet of any conveyance
26    owned, leased, or contracted by a school or school

 

 

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

 

 

HB0150- 176 -LRB102 04211 RLC 14228 b

1        (7) (Blank). Any person convicted of unlawful sale or
2    delivery of firearms in violation of paragraph (k) of
3    subsection (A) commits a Class 4 felony, except that a
4    violation of subparagraph (1) of paragraph (k) of
5    subsection (A) shall not be punishable as a crime or petty
6    offense. A third or subsequent conviction for a violation
7    of paragraph (k) of subsection (A) is a Class 1 felony.
8        (8) A person 18 years of age or older convicted of
9    unlawful sale or delivery of firearms in violation of
10    paragraph (a) or (i) of subsection (A), when the firearm
11    that was sold or given to another person under 18 years of
12    age was used in the commission of or attempt to commit a
13    forcible felony, shall be fined or imprisoned, or both,
14    not to exceed the maximum provided for the most serious
15    forcible felony so committed or attempted by the person
16    under 18 years of age who was sold or given the firearm.
17        (9) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (d) of subsection
19    (A) commits a Class 3 felony.
20        (10) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (l) of subsection
22    (A) commits a Class 2 felony if the delivery is of one
23    firearm. Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (l) of subsection
25    (A) commits a Class 1 felony if the delivery is of not less
26    than 2 and not more than 5 firearms at the same time or

 

 

HB0150- 177 -LRB102 04211 RLC 14228 b

1    within a one year period. Any person convicted of unlawful
2    sale or delivery of firearms in violation of paragraph (l)
3    of subsection (A) commits a Class X felony for which he or
4    she shall be sentenced to a term of imprisonment of not
5    less than 6 years and not more than 30 years if the
6    delivery is of not less than 6 and not more than 10
7    firearms at the same time or within a 2 year period. Any
8    person convicted of unlawful sale or delivery of firearms
9    in violation of paragraph (l) of subsection (A) commits a
10    Class X felony for which he or she shall be sentenced to a
11    term of imprisonment of not less than 6 years and not more
12    than 40 years if the delivery is of not less than 11 and
13    not more than 20 firearms at the same time or within a 3
14    year period. Any person convicted of unlawful sale or
15    delivery of firearms in violation of paragraph (l) of
16    subsection (A) commits a Class X felony for which he or she
17    shall be sentenced to a term of imprisonment of not less
18    than 6 years and not more than 50 years if the delivery is
19    of not less than 21 and not more than 30 firearms at the
20    same time or within a 4 year period. Any person convicted
21    of unlawful sale or delivery of firearms in violation of
22    paragraph (l) of subsection (A) commits a Class X felony
23    for which he or she shall be sentenced to a term of
24    imprisonment of not less than 6 years and not more than 60
25    years if the delivery is of 31 or more firearms at the same
26    time or within a 5 year period.

 

 

HB0150- 178 -LRB102 04211 RLC 14228 b

1    (D) For purposes of this Section:
2    "School" means a public or private elementary or secondary
3school, community college, college, or university.
4    "School related activity" means any sporting, social,
5academic, or other activity for which students' attendance or
6participation is sponsored, organized, or funded in whole or
7in part by a school or school district.
8    (E) A prosecution for a violation of paragraph (k) of
9subsection (A) of this Section may be commenced within 6 years
10after the commission of the offense. A prosecution for a
11violation of this Section other than paragraph (g) of
12subsection (A) of this Section may be commenced within 5 years
13after the commission of the offense defined in the particular
14paragraph.
15(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
17    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
18    Sec. 24-3.1. Unlawful possession of firearms and firearm
19ammunition.
20    (a) A person commits the offense of unlawful possession of
21firearms or firearm ammunition when:
22        (1) He is under 18 years of age and has in his
23    possession any firearm of a size which may be concealed
24    upon the person; or
25        (2) He is under 21 years of age, has been convicted of

 

 

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1    a misdemeanor other than a traffic offense or adjudged
2    delinquent and has any firearms or firearm ammunition in
3    his possession; or
4        (3) He is a narcotic addict and has any firearms or
5    firearm ammunition in his possession; or
6        (4) He has been a patient in a mental institution
7    within the past 5 years and has any firearms or firearm
8    ammunition in his possession. For purposes of this
9    paragraph (4):
10            "Mental institution" means any hospital,
11        institution, clinic, evaluation facility, mental
12        health center, or part thereof, which is used
13        primarily for the care or treatment of persons with
14        mental illness.
15            "Patient in a mental institution" means the person
16        was admitted, either voluntarily or involuntarily, to
17        a mental institution for mental health treatment,
18        unless the treatment was voluntary and solely for an
19        alcohol abuse disorder and no other secondary
20        substance abuse disorder or mental illness; or
21        (5) He is a person with an intellectual disability and
22    has any firearms or firearm ammunition in his possession;
23    or
24        (6) He has in his possession any explosive bullet.
25    For purposes of this paragraph "explosive bullet" means
26the projectile portion of an ammunition cartridge which

 

 

HB0150- 180 -LRB102 04211 RLC 14228 b

1contains or carries an explosive charge which will explode
2upon contact with the flesh of a human or an animal.
3"Cartridge" means a tubular metal case having a projectile
4affixed at the front thereof and a cap or primer at the rear
5end thereof, with the propellant contained in such tube
6between the projectile and the cap.
7    (a-5) A person prohibited from possessing a firearm under
8this Section may petition the Director of the Illinois State
9Police for a hearing and relief from the prohibition, unless
10the prohibition was based upon a forcible felony, stalking,
11aggravated stalking, domestic battery, any violation of the
12Illinois Controlled Substances Act, the Methamphetamine
13Control and Community Protection Act, or the Cannabis Control
14Act that is classified as a Class 2 or greater felony, any
15felony violation of Article 24 of the Criminal Code of 1961 or
16the Criminal Code of 2012, or any adjudication as a delinquent
17minor for the commission of an offense that if committed by an
18adult would be a felony, in which case the person may petition
19the circuit court in writing in the county of his or her
20residence for a hearing and relief from the prohibition. The
21Director or court may grant the relief if it is established by
22the petitioner to the court's or Director's satisfaction that:
23        (1) when in the circuit court, the State's Attorney
24    has been served with a written copy of the petition at
25    least 30 days before any hearing in the circuit court and
26    at the hearing the State's Attorney was afforded an

 

 

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1    opportunity to present evidence and object to the
2    petition;
3        (2) the petitioner has not been convicted of a
4    forcible felony under the laws of this State or any other
5    jurisdiction within 20 years of the filing of the
6    petition, or at least 20 years have passed since the end of
7    any period of imprisonment imposed in relation to that
8    conviction;
9        (3) the circumstances regarding a criminal conviction,
10    where applicable, the petitioner's criminal history and
11    his reputation are such that the petitioner will not be
12    likely to act in a manner dangerous to public safety;
13        (4) granting relief would not be contrary to the
14    public interest; and
15        (5) granting relief would not be contrary to federal
16    law.
17    (b) Sentence.
18    Unlawful possession of firearms, other than handguns, and
19firearm ammunition is a Class A misdemeanor. Unlawful
20possession of handguns is a Class 4 felony. The possession of
21each firearm or firearm ammunition in violation of this
22Section constitutes a single and separate violation.
23    (c) Nothing in paragraph (1) of subsection (a) of this
24Section prohibits a person under 18 years of age from
25participating in any lawful recreational activity with a
26firearm such as, but not limited to, practice shooting at

 

 

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1targets upon established public or private target ranges or
2hunting, trapping, or fishing in accordance with the Wildlife
3Code or the Fish and Aquatic Life Code.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
6    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
7    (a) A person commits the offense of unlawful discharge of
8firearm projectiles when he or she knowingly or recklessly
9uses an armor piercing bullet, dragon's breath shotgun shell,
10bolo shell, or flechette shell in violation of this Section.
11    For purposes of this Section:
12    "Armor piercing bullet" means any handgun bullet or
13handgun ammunition with projectiles or projectile cores
14constructed entirely (excluding the presence of traces of
15other substances) from tungsten alloys, steel, iron, brass,
16bronze, beryllium copper or depleted uranium, or fully
17jacketed bullets larger than 22 caliber whose jacket has a
18weight of more than 25% of the total weight of the projectile,
19and excluding those handgun projectiles whose cores are
20composed of soft materials such as lead or lead alloys, zinc or
21zinc alloys, frangible projectiles designed primarily for
22sporting purposes, and any other projectiles or projectile
23cores that the U. S. Secretary of the Treasury finds to be
24primarily intended to be used for sporting purposes or
25industrial purposes or that otherwise does not constitute

 

 

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1"armor piercing ammunition" as that term is defined by federal
2law.
3    "Dragon's breath shotgun shell" means any shotgun shell
4that contains exothermic pyrophoric mesh metal as the
5projectile and is designed for the purpose of throwing or
6spewing a flame or fireball to simulate a flame-thrower.
7    "Bolo shell" means any shell that can be fired in a firearm
8and expels as projectiles 2 or more metal balls connected by
9solid metal wire.
10    "Flechette shell" means any shell that can be fired in a
11firearm and expels 2 or more pieces of fin-stabilized solid
12metal wire or 2 or more solid dart-type projectiles.
13    (b) A person commits a Class X felony when he or she,
14knowing that a firearm, as defined in Section 1.1 of the
15Firearm Owners Identification Card Act, is loaded with an
16armor piercing bullet, dragon's breath shotgun shell, bolo
17shell, or flechette shell, intentionally or recklessly
18discharges such firearm and such bullet or shell strikes any
19other person.
20    (c) Any person who possesses, concealed on or about his or
21her person, an armor piercing bullet, dragon's breath shotgun
22shell, bolo shell, or flechette shell and a firearm suitable
23for the discharge thereof is guilty of a Class 2 felony.
24    (d) This Section does not apply to or affect any of the
25following:
26        (1) Peace officers;

 

 

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1        (2) Wardens, superintendents and keepers of prisons,
2    penitentiaries, jails and other institutions for the
3    detention of persons accused or convicted of an offense;
4        (3) Members of the Armed Services or Reserve Forces of
5    the United States or the Illinois National Guard while in
6    the performance of their official duties;
7        (4) Federal officials required to carry firearms,
8    while engaged in the performance of their official duties;
9        (5) United States Marshals, while engaged in the
10    performance of their official duties.
11(Source: P.A. 92-423, eff. 1-1-02.)
 
12    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
13    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
14    (a) It shall be unlawful for any person who holds a license
15to sell at retail any alcoholic liquor issued by the Illinois
16Liquor Control Commission or local liquor control commissioner
17under the Liquor Control Act of 1934 or an agent or employee of
18the licensee to sell or deliver to any other person a firearm
19in or on the real property of the establishment where the
20licensee is licensed to sell alcoholic liquors unless the sale
21or delivery of the firearm is otherwise lawful under this
22Article and under the Firearm Owners Identification Card Act.
23    (b) Sentence. A violation of subsection (a) of this
24Section is a Class 4 felony.
25(Source: P.A. 87-591.)
 

 

 

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1    (720 ILCS 5/24-3.5)
2    Sec. 24-3.5. Unlawful purchase of a firearm.
3    (a) For purposes of this Section, "firearms transaction
4record form" means a form:
5        (1) executed by a transferee of a firearm stating: (i)
6    the transferee's name and address (including county or
7    similar political subdivision); (ii) whether the
8    transferee is a citizen of the United States; (iii) the
9    transferee's State of residence; and (iv) the date and
10    place of birth, height, weight, and race of the
11    transferee; and
12        (2) on which the transferee certifies that he or she
13    is not prohibited by federal law from transporting or
14    shipping a firearm in interstate or foreign commerce or
15    receiving a firearm that has been shipped or transported
16    in interstate or foreign commerce or possessing a firearm
17    in or affecting commerce.
18    (b) A person commits the offense of unlawful purchase of a
19firearm who knowingly purchases or attempts to purchase a
20firearm with the intent to deliver that firearm to another
21person who is prohibited by federal or State law from
22possessing a firearm.
23    (c) A person commits the offense of unlawful purchase of a
24firearm when he or she, in purchasing or attempting to
25purchase a firearm, intentionally provides false or misleading

 

 

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1information on a United States Department of the Treasury,
2Bureau of Alcohol, Tobacco and Firearms firearms transaction
3record form.
4    (d) Exemption. It is not a violation of subsection (b) of
5this Section for a person to make a gift or loan of a firearm
6to a person who is not prohibited by federal or State law from
7possessing a firearm if the transfer of the firearm is made in
8accordance with Section 3 of the Firearm Owners Identification
9Card Act.
10    (e) Sentence.
11        (1) A person who commits the offense of unlawful
12    purchase of a firearm:
13            (A) is guilty of a Class 2 felony for purchasing or
14        attempting to purchase one firearm;
15            (B) is guilty of a Class 1 felony for purchasing or
16        attempting to purchase not less than 2 firearms and
17        not more than 5 firearms at the same time or within a
18        one year period;
19            (C) is guilty of a Class X felony for which the
20        offender shall be sentenced to a term of imprisonment
21        of not less than 9 years and not more than 40 years for
22        purchasing or attempting to purchase not less than 6
23        firearms at the same time or within a 2 year period.
24        (2) In addition to any other penalty that may be
25    imposed for a violation of this Section, the court may
26    sentence a person convicted of a violation of subsection

 

 

HB0150- 187 -LRB102 04211 RLC 14228 b

1    (c) of this Section to a fine not to exceed $250,000 for
2    each violation.
3    (f) A prosecution for unlawful purchase of a firearm may
4be commenced within 6 years after the commission of the
5offense.
6(Source: P.A. 95-882, eff. 1-1-09.)
 
7    (720 ILCS 5/24-3B)
8    Sec. 24-3B. Firearms trafficking.
9    (a) A person commits firearms trafficking when he or she
10is prohibited under federal or State law from possessing a
11firearm has not been issued a currently valid Firearm Owner's
12Identification Card and knowingly:
13        (1) brings, or causes to be brought, into this State,
14    a firearm or firearm ammunition for the purpose of sale,
15    delivery, or transfer to any other person or with the
16    intent to sell, deliver, or transfer the firearm or
17    firearm ammunition to any other person; or
18        (2) brings, or causes to be brought, into this State,
19    a firearm and firearm ammunition for the purpose of sale,
20    delivery, or transfer to any other person or with the
21    intent to sell, deliver, or transfer the firearm and
22    firearm ammunition to any other person.
23    (a-5) (Blank). This Section does not apply to:
24        (1) a person exempt under Section 2 of the Firearm
25    Owners Identification Card Act from the requirement of

 

 

HB0150- 188 -LRB102 04211 RLC 14228 b

1    having possession of a Firearm Owner's Identification Card
2    previously issued in his or her name by the Department of
3    State Police in order to acquire or possess a firearm or
4    firearm ammunition;
5        (2) a common carrier under subsection (i) of Section
6    24-2 of this Code; or
7        (3) a non-resident who may lawfully possess a firearm
8    in his or her resident state.
9    (b) Sentence.
10        (1) Firearms trafficking is a Class 1 felony for which
11    the person, if sentenced to a term of imprisonment, shall
12    be sentenced to not less than 4 years and not more than 20
13    years.
14        (2) Firearms trafficking by a person who has been
15    previously convicted of firearms trafficking, gunrunning,
16    or a felony offense for the unlawful sale, delivery, or
17    transfer of a firearm or firearm ammunition in this State
18    or another jurisdiction is a Class X felony.
19(Source: P.A. 99-885, eff. 8-23-16.)
 
20    (720 ILCS 5/24-4.1)
21    Sec. 24-4.1. Report of lost or stolen firearms.
22    (a) If a person who possesses a valid Firearm Owner's
23Identification Card and who possesses or acquires a firearm
24thereafter loses the firearm, or if the firearm is stolen from
25the person, the person must report the loss or theft to the

 

 

HB0150- 189 -LRB102 04211 RLC 14228 b

1local law enforcement agency within 72 hours after obtaining
2knowledge of the loss or theft.
3    (b) A law enforcement agency having jurisdiction shall
4take a written report and shall, as soon as practical, enter
5the firearm's serial number as stolen into the Law Enforcement
6Agencies Data System (LEADS).
7    (c) A person shall not be in violation of this Section if:
8        (1) the failure to report is due to an act of God, act
9    of war, or inability of a law enforcement agency to
10    receive the report;
11        (2) the person is hospitalized, in a coma, or is
12    otherwise seriously physically or mentally impaired as to
13    prevent the person from reporting; or
14        (3) the person's designee makes a report if the person
15    is unable to make the report.
16    (d) Sentence. A person who violates this Section is guilty
17of a petty offense for a first violation. A second or
18subsequent violation of this Section is a Class A misdemeanor.
19(Source: P.A. 98-508, eff. 8-19-13.)
 
20    (720 ILCS 5/24-4.5 new)
21    Sec. 24-4.5. Dial up system.
22    (a) The Illinois State Police shall provide a dial up
23telephone system or utilize other existing technology which
24shall be used by any federally licensed firearm dealer, gun
25show promoter, or gun show vendor who is to transfer a firearm,

 

 

HB0150- 190 -LRB102 04211 RLC 14228 b

1stun gun, or taser under the provisions of this Code. The
2Illinois State Police may utilize existing technology which
3allows the caller to be charged a fee not to exceed $2. Fees
4collected by the Illinois State Police shall be deposited in
5the State Police Services Fund and used to provide the
6service.
7    (b) Upon receiving a request from a federally licensed
8firearm dealer, gun show promoter, or gun show vendor, the
9Illinois State Police shall immediately approve, or within the
10time period established by Section 24-3 of this Code regarding
11the delivery of firearms, stun guns, and tasers notify the
12inquiring dealer, gun show promoter, or gun show vendor of any
13objection that would disqualify the transferee from acquiring
14or possessing a firearm, stun gun, or taser. In conducting the
15inquiry, the Illinois State Police shall initiate and complete
16an automated search of its criminal history record information
17files and those of the Federal Bureau of Investigation,
18including the National Instant Criminal Background Check
19System, and of the files of the Department of Human Services
20relating to mental health and developmental disabilities to
21obtain any felony conviction or patient hospitalization
22information which would disqualify a person from obtaining a
23firearm.
24    (c) If receipt of a firearm would not violate Section 24-3
25of this Code or federal law, the Illinois State Police shall:
26        (1) assign a unique identification number to the

 

 

HB0150- 191 -LRB102 04211 RLC 14228 b

1    transfer; and
2        (2) provide the licensee, gun show promoter, or gun
3    show vendor with the number.
4    (d) Approvals issued by the Illinois State Police for the
5purchase of a firearm are valid for 30 days from the date of
6issue.
7    (e)(1) The Illinois State Police must act as the Illinois
8Point of Contact for the National Instant Criminal Background
9Check System.
10    (2) The Illinois State Police and the Department of Human
11Services shall, in accordance with State and federal law
12regarding confidentiality, enter into a memorandum of
13understanding with the Federal Bureau of Investigation for the
14purpose of implementing the National Instant Criminal
15Background Check System in the State. The Illinois State
16Police shall report the name, date of birth, and physical
17description of any person prohibited from possessing a firearm
18under this Code or 18 U.S.C. 922(g) and (n) to the National
19Instant Criminal Background Check System Index, Denied Persons
20Files.
21    (f) The Illinois State Police shall adopt rules not
22inconsistent with this Section to implement this system.
 
23    (720 ILCS 5/24-9)
24    Sec. 24-9. Firearms; Child Protection.
25    (a) Except as provided in subsection (c), it is unlawful

 

 

HB0150- 192 -LRB102 04211 RLC 14228 b

1for any person to store or leave, within premises under his or
2her control, a firearm if the person knows or has reason to
3believe that a minor under the age of 14 years who does not
4have a Firearm Owners Identification Card is likely to gain
5access to the firearm without the lawful permission of the
6person possessing the firearm, minor's parent, guardian, or
7person having charge of the minor, and the minor causes death
8or great bodily harm with the firearm, unless the firearm is:
9        (1) secured by a device or mechanism, other than the
10    firearm safety, designed to render a firearm temporarily
11    inoperable; or
12        (2) placed in a securely locked box or container; or
13        (3) placed in some other location that a reasonable
14    person would believe to be secure from a minor under the
15    age of 14 years.
16    (b) Sentence. A person who violates this Section is guilty
17of a Class C misdemeanor and shall be fined not less than
18$1,000. A second or subsequent violation of this Section is a
19Class A misdemeanor.
20    (c) Subsection (a) does not apply:
21        (1) if the minor under 14 years of age gains access to
22    a firearm and uses it in a lawful act of self-defense or
23    defense of another; or
24        (2) to any firearm obtained by a minor under the age of
25    14 because of an unlawful entry of the premises by the
26    minor or another person.

 

 

HB0150- 193 -LRB102 04211 RLC 14228 b

1    (d) (Blank). For the purposes of this Section, "firearm"
2has the meaning ascribed to it in Section 1.1 of the Firearm
3Owners Identification Card Act.
4(Source: P.A. 91-18, eff. 1-1-00.)
 
5    Section 85. The Methamphetamine Control and Community
6Protection Act is amended by changing Section 10 as follows:
 
7    (720 ILCS 646/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Anhydrous ammonia" has the meaning provided in subsection
10(d) of Section 3 of the Illinois Fertilizer Act of 1961.
11    "Anhydrous ammonia equipment" means all items used to
12store, hold, contain, handle, transfer, transport, or apply
13anhydrous ammonia for lawful purposes.
14    "Booby trap" means any device designed to cause physical
15injury when triggered by an act of a person approaching,
16entering, or moving through a structure, a vehicle, or any
17location where methamphetamine has been manufactured, is being
18manufactured, or is intended to be manufactured.
19    "Deliver" or "delivery" has the meaning provided in
20subsection (h) of Section 102 of the Illinois Controlled
21Substances Act.
22    "Director" means the Director of State Police or the
23Director's designated agents.
24    "Dispose" or "disposal" means to abandon, discharge,

 

 

HB0150- 194 -LRB102 04211 RLC 14228 b

1release, deposit, inject, dump, spill, leak, or place
2methamphetamine waste onto or into any land, water, or well of
3any type so that the waste has the potential to enter the
4environment, be emitted into the air, or be discharged into
5the soil or any waters, including groundwater.
6    "Emergency response" means the act of collecting evidence
7from or securing a methamphetamine laboratory site,
8methamphetamine waste site or other methamphetamine-related
9site and cleaning up the site, whether these actions are
10performed by public entities or private contractors paid by
11public entities.
12    "Emergency service provider" means a local, State, or
13federal peace officer, firefighter, emergency medical
14technician-ambulance, emergency medical
15technician-intermediate, emergency medical
16technician-paramedic, ambulance driver, or other medical or
17first aid personnel rendering aid, or any agent or designee of
18the foregoing.
19    "Finished methamphetamine" means methamphetamine in a form
20commonly used for personal consumption.
21    "Firearm" has the meaning provided in Section 2-7.5 of the
22Criminal Code of 2012 1.1 of the Firearm Owners Identification
23Card Act.
24    "Manufacture" means to produce, prepare, compound,
25convert, process, synthesize, concentrate, purify, separate,
26extract, or package any methamphetamine, methamphetamine

 

 

HB0150- 195 -LRB102 04211 RLC 14228 b

1precursor, methamphetamine manufacturing catalyst,
2methamphetamine manufacturing reagent, methamphetamine
3manufacturing solvent, or any substance containing any of the
4foregoing.
5    "Methamphetamine" means the chemical methamphetamine (a
6Schedule II controlled substance under the Illinois Controlled
7Substances Act) or any salt, optical isomer, salt of optical
8isomer, or analog thereof, with the exception of
93,4-Methylenedioxymethamphetamine (MDMA) or any other
10scheduled substance with a separate listing under the Illinois
11Controlled Substances Act.
12    "Methamphetamine manufacturing catalyst" means any
13substance that has been used, is being used, or is intended to
14be used to activate, accelerate, extend, or improve a chemical
15reaction involved in the manufacture of methamphetamine.
16    "Methamphetamine manufacturing environment" means a
17structure or vehicle in which:
18        (1) methamphetamine is being or has been manufactured;
19        (2) chemicals that are being used, have been used, or
20    are intended to be used to manufacture methamphetamine are
21    stored;
22        (3) methamphetamine manufacturing materials that have
23    been used to manufacture methamphetamine are stored; or
24        (4) methamphetamine manufacturing waste is stored.
25    "Methamphetamine manufacturing material" means any
26methamphetamine precursor, substance containing any

 

 

HB0150- 196 -LRB102 04211 RLC 14228 b

1methamphetamine precursor, methamphetamine manufacturing
2catalyst, substance containing any methamphetamine
3manufacturing catalyst, methamphetamine manufacturing
4reagent, substance containing any methamphetamine
5manufacturing reagent, methamphetamine manufacturing solvent,
6substance containing any methamphetamine manufacturing
7solvent, or any other chemical, substance, ingredient,
8equipment, apparatus, or item that is being used, has been
9used, or is intended to be used in the manufacture of
10methamphetamine.
11    "Methamphetamine manufacturing reagent" means any
12substance other than a methamphetamine manufacturing catalyst
13that has been used, is being used, or is intended to be used to
14react with and chemically alter any methamphetamine precursor.
15    "Methamphetamine manufacturing solvent" means any
16substance that has been used, is being used, or is intended to
17be used as a medium in which any methamphetamine precursor,
18methamphetamine manufacturing catalyst, methamphetamine
19manufacturing reagent, or any substance containing any of the
20foregoing is dissolved, diluted, or washed during any part of
21the methamphetamine manufacturing process.
22    "Methamphetamine manufacturing waste" means any chemical,
23substance, ingredient, equipment, apparatus, or item that is
24left over from, results from, or is produced by the process of
25manufacturing methamphetamine, other than finished
26methamphetamine.

 

 

HB0150- 197 -LRB102 04211 RLC 14228 b

1    "Methamphetamine precursor" means ephedrine,
2pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
3phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
4isomer, or salt of an optical isomer of any of these chemicals.
5    "Multi-unit dwelling" means a unified structure used or
6intended for use as a habitation, home, or residence that
7contains 2 or more condominiums, apartments, hotel rooms,
8motel rooms, or other living units.
9    "Package" means an item marked for retail sale that is not
10designed to be further broken down or subdivided for the
11purpose of retail sale.
12    "Participate" or "participation" in the manufacture of
13methamphetamine means to produce, prepare, compound, convert,
14process, synthesize, concentrate, purify, separate, extract,
15or package any methamphetamine, methamphetamine precursor,
16methamphetamine manufacturing catalyst, methamphetamine
17manufacturing reagent, methamphetamine manufacturing solvent,
18or any substance containing any of the foregoing, or to assist
19in any of these actions, or to attempt to take any of these
20actions, regardless of whether this action or these actions
21result in the production of finished methamphetamine.
22    "Person with a disability" means a person who suffers from
23a permanent physical or mental impairment resulting from
24disease, injury, functional disorder, or congenital condition
25which renders the person incapable of adequately providing for
26his or her own health and personal care.

 

 

HB0150- 198 -LRB102 04211 RLC 14228 b

1    "Procure" means to purchase, steal, gather, or otherwise
2obtain, by legal or illegal means, or to cause another to take
3such action.
4    "Second or subsequent offense" means an offense under this
5Act committed by an offender who previously committed an
6offense under this Act, the Illinois Controlled Substances
7Act, the Cannabis Control Act, or another Act of this State,
8another state, or the United States relating to
9methamphetamine, cannabis, or any other controlled substance.
10    "Standard dosage form", as used in relation to any
11methamphetamine precursor, means that the methamphetamine
12precursor is contained in a pill, tablet, capsule, caplet, gel
13cap, or liquid cap that has been manufactured by a lawful
14entity and contains a standard quantity of methamphetamine
15precursor.
16    "Unauthorized container", as used in relation to anhydrous
17ammonia, means any container that is not designed for the
18specific and sole purpose of holding, storing, transporting,
19or applying anhydrous ammonia. "Unauthorized container"
20includes, but is not limited to, any propane tank, fire
21extinguisher, oxygen cylinder, gasoline can, food or beverage
22cooler, or compressed gas cylinder used in dispensing fountain
23drinks. "Unauthorized container" does not encompass anhydrous
24ammonia manufacturing plants, refrigeration systems where
25anhydrous ammonia is used solely as a refrigerant, anhydrous
26ammonia transportation pipelines, anhydrous ammonia tankers,

 

 

HB0150- 199 -LRB102 04211 RLC 14228 b

1or anhydrous ammonia barges.
2(Source: P.A. 97-434, eff. 1-1-12.)
 
3    Section 90. The Code of Criminal Procedure of 1963 is
4amended by changing Sections 102-7.1, 110-10, 112A-11.1,
5112A-11.2, 112A-14, and 112A-14.7 as follows:
 
6    (725 ILCS 5/102-7.1)
7    Sec. 102-7.1. "Category A offense". "Category A offense"
8means a Class 1 felony, Class 2 felony, Class X felony, first
9degree murder, a violation of Section 11-204 of the Illinois
10Vehicle Code, a second or subsequent violation of Section
1111-501 of the Illinois Vehicle Code, a violation of subsection
12(d) of Section 11-501 of the Illinois Vehicle Code, a
13violation of Section 11-401 of the Illinois Vehicle Code if
14the accident results in injury and the person failed to report
15the accident within 30 minutes, a violation of Section 9-3,
169-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
1711-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1812-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1924-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
20second or subsequent violation of 12-3.2 or 12-3.4 of the
21Criminal Code of 2012, a violation of paragraph (5) or (6) of
22subsection (b) of Section 10-9 of the Criminal Code of 2012, a
23violation of subsection (b) or (c) or paragraph (1) or (2) of
24subsection (a) of Section 11-1.50 of the Criminal Code of

 

 

HB0150- 200 -LRB102 04211 RLC 14228 b

12012, a violation of Section 12-7 of the Criminal Code of 2012
2if the defendant inflicts bodily harm on the victim to obtain a
3confession, statement, or information, a violation of Section
412-7.5 of the Criminal Code of 2012 if the action results in
5bodily harm, a violation of paragraph (3) of subsection (b) of
6Section 17-2 of the Criminal Code of 2012, a violation of
7subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
82012, a violation of paragraph (6) of subsection (a) of
9Section 24-1 of the Criminal Code of 2012, a first violation of
10Section 24-1.6 of the Criminal Code of 2012 by a person 18
11years of age or older where the factors listed in both items
12(A) and (C) or both items (A-5) and (C) of paragraph (3) of
13subsection (a) of Section 24-1.6 of the Criminal Code of 2012
14are present, a Class 3 felony violation of paragraph (1) of
15subsection (a) of Section 2 of the Firearm Owners
16Identification Card Act committed before the effective date of
17this amendatory Act of the 102nd General Assembly, or a
18violation of Section 10 of the Sex Offender Registration Act.
19(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
20    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
21    Sec. 110-10. Conditions of bail bond.
22    (a) If a person is released prior to conviction, either
23upon payment of bail security or on his or her own
24recognizance, the conditions of the bail bond shall be that he
25or she will:

 

 

HB0150- 201 -LRB102 04211 RLC 14228 b

1        (1) Appear to answer the charge in the court having
2    jurisdiction on a day certain and thereafter as ordered by
3    the court until discharged or final order of the court;
4        (2) Submit himself or herself to the orders and
5    process of the court;
6        (3) Not depart this State without leave of the court;
7        (4) Not violate any criminal statute of any
8    jurisdiction;
9        (5) At a time and place designated by the court,
10    surrender all firearms in his or her possession to a law
11    enforcement officer designated by the court to take
12    custody of and impound the firearms and physically
13    surrender his or her Firearm Owner's Identification Card
14    to the clerk of the circuit court when the offense the
15    person has been charged with is a forcible felony,
16    stalking, aggravated stalking, domestic battery, any
17    violation of the Illinois Controlled Substances Act, the
18    Methamphetamine Control and Community Protection Act, or
19    the Cannabis Control Act that is classified as a Class 2 or
20    greater felony, or any felony violation of Article 24 of
21    the Criminal Code of 1961 or the Criminal Code of 2012; the
22    court may, however, forgo the imposition of this condition
23    when the circumstances of the case clearly do not warrant
24    it or when its imposition would be impractical; if the
25    Firearm Owner's Identification Card is confiscated, the
26    clerk of the circuit court shall mail the confiscated card

 

 

HB0150- 202 -LRB102 04211 RLC 14228 b

1    to the Illinois State Police; all legally possessed
2    firearms shall be returned to the person upon the charges
3    being dismissed, or if the person is found not guilty,
4    unless the finding of not guilty is by reason of insanity;
5    and
6        (6) At a time and place designated by the court,
7    submit to a psychological evaluation when the person has
8    been charged with a violation of item (4) of subsection
9    (a) of Section 24-1 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 and that violation occurred in a
11    school or in any conveyance owned, leased, or contracted
12    by a school to transport students to or from school or a
13    school-related activity, or on any public way within 1,000
14    feet of real property comprising any school.
15    Psychological evaluations ordered pursuant to this Section
16shall be completed promptly and made available to the State,
17the defendant, and the court. As a further condition of bail
18under these circumstances, the court shall order the defendant
19to refrain from entering upon the property of the school,
20including any conveyance owned, leased, or contracted by a
21school to transport students to or from school or a
22school-related activity, or on any public way within 1,000
23feet of real property comprising any school. Upon receipt of
24the psychological evaluation, either the State or the
25defendant may request a change in the conditions of bail,
26pursuant to Section 110-6 of this Code. The court may change

 

 

HB0150- 203 -LRB102 04211 RLC 14228 b

1the conditions of bail to include a requirement that the
2defendant follow the recommendations of the psychological
3evaluation, including undergoing psychiatric treatment. The
4conclusions of the psychological evaluation and any statements
5elicited from the defendant during its administration are not
6admissible as evidence of guilt during the course of any trial
7on the charged offense, unless the defendant places his or her
8mental competency in issue.
9    (b) The court may impose other conditions, such as the
10following, if the court finds that such conditions are
11reasonably necessary to assure the defendant's appearance in
12court, protect the public from the defendant, or prevent the
13defendant's unlawful interference with the orderly
14administration of justice:
15        (1) Report to or appear in person before such person
16    or agency as the court may direct;
17        (2) Refrain from possessing a firearm or other
18    dangerous weapon;
19        (3) Refrain from approaching or communicating with
20    particular persons or classes of persons;
21        (4) Refrain from going to certain described
22    geographical areas or premises;
23        (5) Refrain from engaging in certain activities or
24    indulging in intoxicating liquors or in certain drugs;
25        (6) Undergo treatment for drug addiction or
26    alcoholism;

 

 

HB0150- 204 -LRB102 04211 RLC 14228 b

1        (7) Undergo medical or psychiatric treatment;
2        (8) Work or pursue a course of study or vocational
3    training;
4        (9) Attend or reside in a facility designated by the
5    court;
6        (10) Support his or her dependents;
7        (11) If a minor resides with his or her parents or in a
8    foster home, attend school, attend a non-residential
9    program for youths, and contribute to his or her own
10    support at home or in a foster home;
11        (12) Observe any curfew ordered by the court;
12        (13) Remain in the custody of such designated person
13    or organization agreeing to supervise his release. Such
14    third party custodian shall be responsible for notifying
15    the court if the defendant fails to observe the conditions
16    of release which the custodian has agreed to monitor, and
17    shall be subject to contempt of court for failure so to
18    notify the court;
19        (14) Be placed under direct supervision of the
20    Pretrial Services Agency, Probation Department or Court
21    Services Department in a pretrial bond home supervision
22    capacity with or without the use of an approved electronic
23    monitoring device subject to Article 8A of Chapter V of
24    the Unified Code of Corrections;
25        (14.1) The court shall impose upon a defendant who is
26    charged with any alcohol, cannabis, methamphetamine, or

 

 

HB0150- 205 -LRB102 04211 RLC 14228 b

1    controlled substance violation and is placed under direct
2    supervision of the Pretrial Services Agency, Probation
3    Department or Court Services Department in a pretrial bond
4    home supervision capacity with the use of an approved
5    monitoring device, as a condition of such bail bond, a fee
6    that represents costs incidental to the electronic
7    monitoring for each day of such bail supervision ordered
8    by the court, unless after determining the inability of
9    the defendant to pay the fee, the court assesses a lesser
10    fee or no fee as the case may be. The fee shall be
11    collected by the clerk of the circuit court, except as
12    provided in an administrative order of the Chief Judge of
13    the circuit court. The clerk of the circuit court shall
14    pay all monies collected from this fee to the county
15    treasurer for deposit in the substance abuse services fund
16    under Section 5-1086.1 of the Counties Code, except as
17    provided in an administrative order of the Chief Judge of
18    the circuit court.
19        The Chief Judge of the circuit court of the county may
20    by administrative order establish a program for electronic
21    monitoring of offenders with regard to drug-related and
22    alcohol-related offenses, in which a vendor supplies and
23    monitors the operation of the electronic monitoring
24    device, and collects the fees on behalf of the county. The
25    program shall include provisions for indigent offenders
26    and the collection of unpaid fees. The program shall not

 

 

HB0150- 206 -LRB102 04211 RLC 14228 b

1    unduly burden the offender and shall be subject to review
2    by the Chief Judge.
3        The Chief Judge of the circuit court may suspend any
4    additional charges or fees for late payment, interest, or
5    damage to any device;
6        (14.2) The court shall impose upon all defendants,
7    including those defendants subject to paragraph (14.1)
8    above, placed under direct supervision of the Pretrial
9    Services Agency, Probation Department or Court Services
10    Department in a pretrial bond home supervision capacity
11    with the use of an approved monitoring device, as a
12    condition of such bail bond, a fee which shall represent
13    costs incidental to such electronic monitoring for each
14    day of such bail supervision ordered by the court, unless
15    after determining the inability of the defendant to pay
16    the fee, the court assesses a lesser fee or no fee as the
17    case may be. The fee shall be collected by the clerk of the
18    circuit court, except as provided in an administrative
19    order of the Chief Judge of the circuit court. The clerk of
20    the circuit court shall pay all monies collected from this
21    fee to the county treasurer who shall use the monies
22    collected to defray the costs of corrections. The county
23    treasurer shall deposit the fee collected in the county
24    working cash fund under Section 6-27001 or Section 6-29002
25    of the Counties Code, as the case may be, except as
26    provided in an administrative order of the Chief Judge of

 

 

HB0150- 207 -LRB102 04211 RLC 14228 b

1    the circuit court.
2        The Chief Judge of the circuit court of the county may
3    by administrative order establish a program for electronic
4    monitoring of offenders with regard to drug-related and
5    alcohol-related offenses, in which a vendor supplies and
6    monitors the operation of the electronic monitoring
7    device, and collects the fees on behalf of the county. The
8    program shall include provisions for indigent offenders
9    and the collection of unpaid fees. The program shall not
10    unduly burden the offender and shall be subject to review
11    by the Chief Judge.
12        The Chief Judge of the circuit court may suspend any
13    additional charges or fees for late payment, interest, or
14    damage to any device;
15        (14.3) The Chief Judge of the Judicial Circuit may
16    establish reasonable fees to be paid by a person receiving
17    pretrial services while under supervision of a pretrial
18    services agency, probation department, or court services
19    department. Reasonable fees may be charged for pretrial
20    services including, but not limited to, pretrial
21    supervision, diversion programs, electronic monitoring,
22    victim impact services, drug and alcohol testing, DNA
23    testing, GPS electronic monitoring, assessments and
24    evaluations related to domestic violence and other
25    victims, and victim mediation services. The person
26    receiving pretrial services may be ordered to pay all

 

 

HB0150- 208 -LRB102 04211 RLC 14228 b

1    costs incidental to pretrial services in accordance with
2    his or her ability to pay those costs;
3        (14.4) For persons charged with violating Section
4    11-501 of the Illinois Vehicle Code, refrain from
5    operating a motor vehicle not equipped with an ignition
6    interlock device, as defined in Section 1-129.1 of the
7    Illinois Vehicle Code, pursuant to the rules promulgated
8    by the Secretary of State for the installation of ignition
9    interlock devices. Under this condition the court may
10    allow a defendant who is not self-employed to operate a
11    vehicle owned by the defendant's employer that is not
12    equipped with an ignition interlock device in the course
13    and scope of the defendant's employment;
14        (15) Comply with the terms and conditions of an order
15    of protection issued by the court under the Illinois
16    Domestic Violence Act of 1986 or an order of protection
17    issued by the court of another state, tribe, or United
18    States territory;
19        (16) Under Section 110-6.5 comply with the conditions
20    of the drug testing program; and
21        (17) Such other reasonable conditions as the court may
22    impose.
23    (c) When a person is charged with an offense under Section
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
26Criminal Code of 2012, involving a victim who is a minor under

 

 

HB0150- 209 -LRB102 04211 RLC 14228 b

118 years of age living in the same household with the defendant
2at the time of the offense, in granting bail or releasing the
3defendant on his own recognizance, the judge shall impose
4conditions to restrict the defendant's access to the victim
5which may include, but are not limited to conditions that he
6will:
7        1. Vacate the household.
8        2. Make payment of temporary support to his
9    dependents.
10        3. Refrain from contact or communication with the
11    child victim, except as ordered by the court.
12    (d) When a person is charged with a criminal offense and
13the victim is a family or household member as defined in
14Article 112A, conditions shall be imposed at the time of the
15defendant's release on bond that restrict the defendant's
16access to the victim. Unless provided otherwise by the court,
17the restrictions shall include requirements that the defendant
18do the following:
19        (1) refrain from contact or communication with the
20    victim for a minimum period of 72 hours following the
21    defendant's release; and
22        (2) refrain from entering or remaining at the victim's
23    residence for a minimum period of 72 hours following the
24    defendant's release.
25    (e) Local law enforcement agencies shall develop
26standardized bond forms for use in cases involving family or

 

 

HB0150- 210 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 211 -LRB102 04211 RLC 14228 b

1defendant remains in custody.
2(Source: P.A. 101-138, eff. 1-1-20.)
 
3    (725 ILCS 5/112A-11.1)
4    Sec. 112A-11.1. Procedure for determining whether certain
5misdemeanor crimes are crimes of domestic violence for
6purposes of federal law.
7    (a) When a defendant has been charged with a violation of
8Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
9Criminal Code of 1961 or the Criminal Code of 2012, the State
10may, at arraignment or no later than 45 days after
11arraignment, for the purpose of notification to the Department
12of State Police Firearm Owner's Identification Card Office,
13serve on the defendant and file with the court a notice
14alleging that conviction of the offense would subject the
15defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
16of the relationship between the defendant and the alleged
17victim and the nature of the alleged offense.
18    (b) The notice shall include the name of the person
19alleged to be the victim of the crime and shall specify the
20nature of the alleged relationship as set forth in 18 U.S.C.
21921(a)(33)(A)(ii). It shall also specify the element of the
22charged offense which requires the use or attempted use of
23physical force, or the threatened use of a deadly weapon, as
24set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
25notice that the defendant is entitled to a hearing on the

 

 

HB0150- 212 -LRB102 04211 RLC 14228 b

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

 

 

HB0150- 213 -LRB102 04211 RLC 14228 b

1    (725 ILCS 5/112A-11.2)
2    Sec. 112A-11.2. Notification to the Department of State
3Police Firearm Owner's Identification Card Office of
4determinations in certain misdemeanor cases. Upon judgment of
5conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
7Code of 2012 when the defendant has been determined, under
8Section 112A-11.1, to be subject to the prohibitions of 18
9U.S.C. 922(g)(9), the circuit court clerk shall include
10notification and a copy of the written determination in a
11report of the conviction to the Department of State Police
12Firearm Owner's Identification Card Office to enable the
13office to report that determination to the Federal Bureau of
14Investigation and assist the Bureau in identifying persons
15prohibited from purchasing and possessing a firearm pursuant
16to the provisions of 18 U.S.C. 922.
17(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
18    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
19    Sec. 112A-14. Domestic violence order of protection;
20remedies.
21    (a) (Blank).
22    (b) The court may order any of the remedies listed in this
23subsection (b). The remedies listed in this subsection (b)
24shall be in addition to other civil or criminal remedies
25available to petitioner.