102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1865

 

Introduced 2/17/2021, by Rep. Chris Miller and Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2022.


LRB102 11814 RLC 17149 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1865LRB102 11814 RLC 17149 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

 

 

HB1865- 2 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 3 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 4 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 5 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 6 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 7 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 8 -LRB102 11814 RLC 17149 b

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.

 

 

HB1865- 9 -LRB102 11814 RLC 17149 b

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 10. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by changing
8Sections 2605-45, 2605-300, and 2605-595 as follows:
 
9    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
10    Sec. 2605-45. Division of Justice Services. The Division
11of Justice Services shall exercise the following functions:
12        (1) (Blank).
13        (2) Pursue research and the publication of studies
14    pertaining to local law enforcement activities.
15        (3) (Blank).
16        (4) Operate an electronic data processing and computer
17    center for the storage and retrieval of data pertaining to
18    criminal activity.
19        (5) Exercise the rights, powers, and duties vested in
20    the former Division of State Troopers by Section 17 of the
21    State Police Act.
22        (6) (Blank).
23        (6.5) (Blank). Exercise the rights, powers, and duties
24    vested in the Department by the Firearm Owners

 

 

HB1865- 10 -LRB102 11814 RLC 17149 b

1    Identification Card Act.
2        (7) Exercise other duties that may be assigned by the
3    Director to fulfill the responsibilities and achieve the
4    purposes of the Department.
5        (8) Exercise the rights, powers, and duties vested by
6    law in the Department by the Criminal Identification Act.
7(Source: P.A. 101-378, eff. 1-1-20.)
 
8    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-300. Records; crime laboratories; personnel. To
10do the following:
11        (1) Be a central repository and custodian of criminal
12    statistics for the State.
13        (2) Be a central repository for criminal history
14    record information.
15        (3) Procure and file for record information that is
16    necessary and helpful to plan programs of crime
17    prevention, law enforcement, and criminal justice.
18        (4) Procure and file for record copies of fingerprints
19    that may be required by law.
20        (5) Establish general and field crime laboratories.
21        (6) Register and file for record information that may
22    be required by law for the issuance of firearm owner's
23    identification cards under the Firearm Owners
24    Identification Card Act and concealed carry licenses under
25    the Firearm Concealed Carry Act.

 

 

HB1865- 11 -LRB102 11814 RLC 17149 b

1        (7) Employ laboratory technicians and other specially
2    qualified persons to aid in the identification of criminal
3    activity, and may employ polygraph operators.
4        (8) Undertake other identification, information,
5    laboratory, statistical, or registration activities that
6    may be required by law.
7(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
8    (20 ILCS 2605/2605-595)
9    Sec. 2605-595. State Police Firearm Services Fund.
10    (a) There is created in the State treasury a special fund
11known as the State Police Firearm Services Fund. The Fund
12shall receive revenue under the Firearm Concealed Carry Act
13and Section 5 of the Firearm Owners Identification Card Act.
14The Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other legal source.
16    (b) The Department of State Police may use moneys in the
17Fund to finance any of its lawful purposes, mandates,
18functions, and duties under the Firearm Owners Identification
19Card Act and the Firearm Concealed Carry Act, including the
20cost of sending notices of expiration of Firearm Owner's
21Identification Cards, concealed carry licenses, the prompt and
22efficient processing of applications under the Firearm Owners
23Identification Card Act and the Firearm Concealed Carry Act,
24the improved efficiency and reporting of the LEADS and federal
25NICS law enforcement data systems, and support for

 

 

HB1865- 12 -LRB102 11814 RLC 17149 b

1investigations required under that Act these Acts and law. Any
2surplus funds beyond what is needed to comply with the
3aforementioned purposes shall be used by the Department to
4improve the Law Enforcement Agencies Data System (LEADS) and
5criminal history background check system.
6    (c) Investment income that is attributable to the
7investment of moneys in the Fund shall be retained in the Fund
8for the uses specified in this Section.
9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
10    (20 ILCS 2605/2605-120 rep.)
11    Section 15. The Department of State Police Law of the
12Civil Administrative Code of Illinois is amended by repealing
13Section 2605-120.
 
14    Section 20. The Criminal Identification Act is amended by
15changing Section 2.2 as follows:
 
16    (20 ILCS 2630/2.2)
17    Sec. 2.2. Notification to the Department. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, pursuant
21to Section 112A-11.1 of the Code of Criminal Procedure of
221963, to be subject to the prohibitions of 18 U.S.C.
23922(g)(9), the circuit court clerk shall include notification

 

 

HB1865- 13 -LRB102 11814 RLC 17149 b

1and a copy of the written determination in a report of the
2conviction to the Department of State Police Firearm Owner's
3Identification Card Office to enable the Department office to
4perform its duties under the Firearm Concealed Carry Act and
5Sections 4 and 8 of the Firearm Owners Identification Card Act
6and to report that determination to the Federal Bureau of
7Investigation to assist the Federal Bureau of Investigation in
8identifying persons prohibited from purchasing and possessing
9a firearm pursuant to the provisions of 18 U.S.C. 922. The
10written determination described in this Section shall be
11included in the defendant's record of arrest and conviction in
12the manner and form prescribed by the Department of State
13Police.
14(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
15    Section 25. The State Finance Act is amended by changing
16Section 6z-99 as follows:
 
17    (30 ILCS 105/6z-99)
18    Sec. 6z-99. The Mental Health Reporting Fund.
19    (a) There is created in the State treasury a special fund
20known as the Mental Health Reporting Fund. The Fund shall
21receive revenue under the Firearm Concealed Carry Act. The
22Fund may also receive revenue from grants, pass-through
23grants, donations, appropriations, and any other legal source.
24    (b) The Department of State Police and Department of Human

 

 

HB1865- 14 -LRB102 11814 RLC 17149 b

1Services shall coordinate to use moneys in the Fund to finance
2their respective duties of collecting and reporting data on
3mental health records and ensuring that mental health firearm
4possession prohibitors are enforced as set forth under the
5Firearm Concealed Carry Act and the Firearm Owners
6Identification Card Act. Any surplus in the Fund beyond what
7is necessary to ensure compliance with mental health reporting
8under that Act these Acts shall be used by the Department of
9Human Services for mental health treatment programs.
10    (c) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
14    Section 30. The Peace Officer Firearm Training Act is
15amended by changing Section 1 as follows:
 
16    (50 ILCS 710/1)  (from Ch. 85, par. 515)
17    Sec. 1. Definitions. As used in this Act:
18    (a) "Peace officer" means (i) any person who by virtue of
19his office or public employment is vested by law with a primary
20duty to maintain public order or to make arrests for offenses,
21whether that duty extends to all offenses or is limited to
22specific offenses, and who is employed in such capacity by any
23county or municipality or (ii) any retired law enforcement
24officers qualified under federal law to carry a concealed

 

 

HB1865- 15 -LRB102 11814 RLC 17149 b

1weapon.
2    (a-5) "Probation officer" means a county probation officer
3authorized by the Chief Judge of the Circuit Court to carry a
4firearm as part of his or her duties under Section 12 of the
5Probation and Probation Officers Act and Section 24-2 of the
6Criminal Code of 2012.
7    (b) "Firearms" means any weapon or device defined as a
8firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
9"An Act relating to the acquisition, possession and transfer
10of firearms and firearm ammunition, to provide a penalty for
11the violation thereof and to make an appropriation in
12connection therewith", approved August 3, 1967, as amended.
13(Source: P.A. 98-725, eff. 1-1-15.)
 
14    Section 35. The School Code is amended by changing
15Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    Sec. 10-22.6. Suspension or expulsion of pupils; school
18searches.
19    (a) To expel pupils guilty of gross disobedience or
20misconduct, including gross disobedience or misconduct
21perpetuated by electronic means, pursuant to subsection (b-20)
22of this Section, and no action shall lie against them for such
23expulsion. Expulsion shall take place only after the parents
24have been requested to appear at a meeting of the board, or

 

 

HB1865- 16 -LRB102 11814 RLC 17149 b

1with a hearing officer appointed by it, to discuss their
2child's behavior. Such request shall be made by registered or
3certified mail and shall state the time, place and purpose of
4the meeting. The board, or a hearing officer appointed by it,
5at such meeting shall state the reasons for dismissal and the
6date on which the expulsion is to become effective. If a
7hearing officer is appointed by the board, he shall report to
8the board a written summary of the evidence heard at the
9meeting and the board may take such action thereon as it finds
10appropriate. If the board acts to expel a pupil, the written
11expulsion decision shall detail the specific reasons why
12removing the pupil from the learning environment is in the
13best interest of the school. The expulsion decision shall also
14include a rationale as to the specific duration of the
15expulsion. An expelled pupil may be immediately transferred to
16an alternative program in the manner provided in Article 13A
17or 13B of this Code. A pupil must not be denied transfer
18because of the expulsion, except in cases in which such
19transfer is deemed to cause a threat to the safety of students
20or staff in the alternative program.
21    (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

 

 

HB1865- 17 -LRB102 11814 RLC 17149 b

1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardian of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardian,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardian of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

 

 

HB1865- 18 -LRB102 11814 RLC 17149 b

1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11    (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22    (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26    (b-15) Out-of-school suspensions of 3 days or less may be

 

 

HB1865- 19 -LRB102 11814 RLC 17149 b

1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10    (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

 

 

HB1865- 20 -LRB102 11814 RLC 17149 b

1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9    (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18    A school district may refer students who are expelled to
19appropriate and available support services.
20    A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23    (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

 

 

HB1865- 21 -LRB102 11814 RLC 17149 b

1academic credit. It shall be the responsibility of a pupil's
2parent or guardian to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5    (c) The Department of Human Services shall be invited to
6send a representative to consult with the board at such
7meeting whenever there is evidence that mental illness may be
8the cause for expulsion or suspension.
9    (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19    (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have
22brought one of the following objects to school, any
23school-sponsored activity or event, or any activity or event
24that bears a reasonable relationship to school shall be
25expelled for a period of not less than one year:
26        (1) A firearm. For the purposes of this Section,

 

 

HB1865- 22 -LRB102 11814 RLC 17149 b

1    "firearm" means any gun, rifle, shotgun, weapon as defined
2    by Section 921 of Title 18 of the United States Code,
3    firearm as defined in Section 2-7.5 1.1 of the Firearm
4    Owners Identification Card Act, or firearm as defined in
5    Section 24-1 of the Criminal Code of 2012. The expulsion
6    period under this subdivision (1) may be modified by the
7    superintendent, and the superintendent's determination may
8    be modified by the board on a case-by-case basis.
9        (2) A knife, brass knuckles or other knuckle weapon
10    regardless of its composition, a billy club, or any other
11    object if used or attempted to be used to cause bodily
12    harm, including "look alikes" of any firearm as defined in
13    subdivision (1) of this subsection (d). The expulsion
14    requirement under this subdivision (2) may be modified by
15    the superintendent, and the superintendent's determination
16    may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23    (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

 

 

HB1865- 23 -LRB102 11814 RLC 17149 b

1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case-by-case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within
9the school grounds at the time the threat was made, and (iii)
10the threat could be reasonably interpreted as threatening to
11the safety and security of the threatened individual because
12of his or her duties or employment status or status as a
13student inside the school.
14    (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

 

 

HB1865- 24 -LRB102 11814 RLC 17149 b

1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10    (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13    (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A
18of this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

 

 

HB1865- 25 -LRB102 11814 RLC 17149 b

1requiring a student to provide restitution for lost, stolen,
2or damaged property.
3    (j) Subsections (a) through (i) of this Section shall
4apply to elementary and secondary schools, charter schools,
5special charter districts, and school districts organized
6under Article 34 of this Code.
7    (k) The expulsion of children enrolled in programs funded
8under Section 1C-2 of this Code is subject to the requirements
9under paragraph (7) of subsection (a) of Section 2-3.71 of
10this Code.
11    (l) Beginning with the 2018-2019 school year, an in-school
12suspension program provided by a school district for any
13students in kindergarten through grade 12 may focus on
14promoting non-violent conflict resolution and positive
15interaction with other students and school personnel. A school
16district may employ a school social worker or a licensed
17mental health professional to oversee an in-school suspension
18program in kindergarten through grade 12.
19(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
20100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
217-12-19.)
 
22    (105 ILCS 5/10-27.1A)
23    Sec. 10-27.1A. Firearms in schools.
24    (a) All school officials, including teachers, guidance
25counselors, and support staff, shall immediately notify the

 

 

HB1865- 26 -LRB102 11814 RLC 17149 b

1office of the principal in the event that they observe any
2person in possession of a firearm on school grounds; provided
3that taking such immediate action to notify the office of the
4principal would not immediately endanger the health, safety,
5or welfare of students who are under the direct supervision of
6the school official or the school official. If the health,
7safety, or welfare of students under the direct supervision of
8the school official or of the school official is immediately
9endangered, the school official shall notify the office of the
10principal as soon as the students under his or her supervision
11and he or she are no longer under immediate danger. A report is
12not required by this Section when the school official knows
13that the person in possession of the firearm is a law
14enforcement official engaged in the conduct of his or her
15official duties. Any school official acting in good faith who
16makes such a report under this Section shall have immunity
17from any civil or criminal liability that might otherwise be
18incurred as a result of making the report. The identity of the
19school official making such report shall not be disclosed
20except as expressly and specifically authorized by law.
21Knowingly and willfully failing to comply with this Section is
22a petty offense. A second or subsequent offense is a Class C
23misdemeanor.
24    (b) Upon receiving a report from any school official
25pursuant to this Section, or from any other person, the
26principal or his or her designee shall immediately notify a

 

 

HB1865- 27 -LRB102 11814 RLC 17149 b

1local law enforcement agency. If the person found to be in
2possession of a firearm on school grounds is a student, the
3principal or his or her designee shall also immediately notify
4that student's parent or guardian. Any principal or his or her
5designee acting in good faith who makes such reports under
6this Section shall have immunity from any civil or criminal
7liability that might otherwise be incurred or imposed as a
8result of making the reports. Knowingly and willfully failing
9to comply with this Section is a petty offense. A second or
10subsequent offense is a Class C misdemeanor. If the person
11found to be in possession of the firearm on school grounds is a
12minor, the law enforcement agency shall detain that minor
13until such time as the agency makes a determination pursuant
14to clause (a) of subsection (1) of Section 5-401 of the
15Juvenile Court Act of 1987, as to whether the agency
16reasonably believes that the minor is delinquent. If the law
17enforcement agency determines that probable cause exists to
18believe that the minor committed a violation of item (4) of
19subsection (a) of Section 24-1 of the Criminal Code of 2012
20while on school grounds, the agency shall detain the minor for
21processing pursuant to Section 5-407 of the Juvenile Court Act
22of 1987.
23    (c) On or after January 1, 1997, upon receipt of any
24written, electronic, or verbal report from any school
25personnel regarding a verified incident involving a firearm in
26a school or on school owned or leased property, including any

 

 

HB1865- 28 -LRB102 11814 RLC 17149 b

1conveyance owned, leased, or used by the school for the
2transport of students or school personnel, the superintendent
3or his or her designee shall report all such firearm-related
4incidents occurring in a school or on school property to the
5local law enforcement authorities immediately and to the
6Department of State Police in a form, manner, and frequency as
7prescribed by the Department of State Police.
8    The State Board of Education shall receive an annual
9statistical compilation and related data associated with
10incidents involving firearms in schools from the Department of
11State Police. The State Board of Education shall compile this
12information by school district and make it available to the
13public.
14    (d) As used in this Section, the term "firearm" shall have
15the meaning ascribed to it in Section 2-7.5 of the Criminal
16Code of 2012 1.1 of the Firearm Owners Identification Card
17Act.
18    As used in this Section, the term "school" means any
19public or private elementary or secondary school.
20    As used in this Section, the term "school grounds"
21includes the real property comprising any school, any
22conveyance owned, leased, or contracted by a school to
23transport students to or from school or a school-related
24activity, or any public way within 1,000 feet of the real
25property comprising any school.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

HB1865- 29 -LRB102 11814 RLC 17149 b

1    (105 ILCS 5/34-8.05)
2    Sec. 34-8.05. Reporting firearms in schools. On or after
3January 1, 1997, upon receipt of any written, electronic, or
4verbal report from any school personnel regarding a verified
5incident involving a firearm in a school or on school owned or
6leased property, including any conveyance owned, leased, or
7used by the school for the transport of students or school
8personnel, the general superintendent or his or her designee
9shall report all such firearm-related incidents occurring in a
10school or on school property to the local law enforcement
11authorities no later than 24 hours after the occurrence of the
12incident and to the Department of State Police in a form,
13manner, and frequency as prescribed by the Department of State
14Police.
15    The State Board of Education shall receive an annual
16statistical compilation and related data associated with
17incidents involving firearms in schools from the Department of
18State Police. As used in this Section, the term "firearm"
19shall have the meaning ascribed to it in Section 2-7.5 of the
20Criminal Code of 2012 1.1 of the Firearm Owners Identification
21Card Act.
22(Source: P.A. 89-498, eff. 6-27-96.)
 
23    Section 40. The Illinois Explosives Act is amended by
24changing Section 2005 as follows:
 

 

 

HB1865- 30 -LRB102 11814 RLC 17149 b

1    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
2    Sec. 2005. Qualifications for licensure.
3    (a) No person shall qualify to hold a license who:
4        (1) is under 21 years of age;
5        (2) has been convicted in any court of a crime
6    punishable by imprisonment for a term exceeding one year;
7        (3) is under indictment for a crime punishable by
8    imprisonment for a term exceeding one year;
9        (4) is a fugitive from justice;
10        (5) is an unlawful user of or addicted to any
11    controlled substance as defined in Section 102 of the
12    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
13    seq.);
14        (6) has been adjudicated a person with a mental
15    disability as defined in Section 6-103.1 of the Mental
16    Health and Developmental Disabilities Code 1.1 of the
17    Firearm Owners Identification Card Act; or
18        (7) is not a legal citizen of the United States or
19    lawfully admitted for permanent residence.
20    (b) A person who has been granted a "relief from
21disabilities" regarding criminal convictions and indictments,
22pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
23845) may receive a license provided all other qualifications
24under this Act are met.
25(Source: P.A. 101-541, eff. 8-23-19.)
 

 

 

HB1865- 31 -LRB102 11814 RLC 17149 b

1    Section 45. The Private Detective, Private Alarm, Private
2Security, and Locksmith Act of 2004 is amended by changing
3Sections 35-30 and 35-35 as follows:
 
4    (225 ILCS 447/35-30)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 35-30. Employee requirements. All employees of a
7licensed agency, other than those exempted, shall apply for a
8permanent employee registration card. The holder of an agency
9license issued under this Act, known in this Section as
10"employer", may employ in the conduct of his or her business
11employees under the following provisions:
12    (a) No person shall be issued a permanent employee
13registration card who:
14        (1) Is younger than 18 years of age.
15        (2) Is younger than 21 years of age if the services
16    will include being armed.
17        (3) Has been determined by the Department to be unfit
18    by reason of conviction of an offense in this or another
19    state, including registration as a sex offender, but not
20    including a traffic offense. Persons convicted of felonies
21    involving bodily harm, weapons, violence, or theft within
22    the previous 10 years shall be presumed to be unfit for
23    registration. The Department shall adopt rules for making
24    those determinations that shall afford the applicant due

 

 

HB1865- 32 -LRB102 11814 RLC 17149 b

1    process of law.
2        (4) Has had a license or permanent employee
3    registration card denied, suspended, or revoked under this
4    Act (i) within one year before the date the person's
5    application for permanent employee registration card is
6    received by the Department; and (ii) that refusal, denial,
7    suspension, or revocation was based on any provision of
8    this Act other than Section 40-50, item (6) or (8) of
9    subsection (a) of Section 15-10, subsection (b) of Section
10    15-10, item (6) or (8) of subsection (a) of Section 20-10,
11    subsection (b) of Section 20-10, item (6) or (8) of
12    subsection (a) of Section 25-10, subsection (b) of Section
13    25-10, item (7) of subsection (a) of Section 30-10,
14    subsection (b) of Section 30-10, or Section 10-40.
15        (5) Has been declared incompetent by any court of
16    competent jurisdiction by reason of mental disease or
17    defect and has not been restored.
18        (6) Has been dishonorably discharged from the armed
19    services of the United States.
20    (b) No person may be employed by a private detective
21agency, private security contractor agency, private alarm
22contractor agency, fingerprint vendor agency, or locksmith
23agency under this Section until he or she has executed and
24furnished to the employer, on forms furnished by the
25Department, a verified statement to be known as "Employee's
26Statement" setting forth:

 

 

HB1865- 33 -LRB102 11814 RLC 17149 b

1        (1) The person's full name, age, and residence
2    address.
3        (2) The business or occupation engaged in for the 5
4    years immediately before the date of the execution of the
5    statement, the place where the business or occupation was
6    engaged in, and the names of employers, if any.
7        (3) That the person has not had a license or employee
8    registration denied, revoked, or suspended under this Act
9    (i) within one year before the date the person's
10    application for permanent employee registration card is
11    received by the Department; and (ii) that refusal, denial,
12    suspension, or revocation was based on any provision of
13    this Act other than Section 40-50, item (6) or (8) of
14    subsection (a) of Section 15-10, subsection (b) of Section
15    15-10, item (6) or (8) of subsection (a) of Section 20-10,
16    subsection (b) of Section 20-10, item (6) or (8) of
17    subsection (a) of Section 25-10, subsection (b) of Section
18    25-10, item (7) of subsection (a) of Section 30-10,
19    subsection (b) of Section 30-10, or Section 10-40.
20        (4) Any conviction of a felony or misdemeanor.
21        (5) Any declaration of incompetence by a court of
22    competent jurisdiction that has not been restored.
23        (6) Any dishonorable discharge from the armed services
24    of the United States.
25        (7) Any other information as may be required by any
26    rule of the Department to show the good character,

 

 

HB1865- 34 -LRB102 11814 RLC 17149 b

1    competency, and integrity of the person executing the
2    statement.
3    (c) Each applicant for a permanent employee registration
4card shall have his or her fingerprints submitted to the
5Department of State Police in an electronic format that
6complies with the form and manner for requesting and
7furnishing criminal history record information as prescribed
8by the Department of State Police. These fingerprints shall be
9checked against the Department of State Police and Federal
10Bureau of Investigation criminal history record databases now
11and hereafter filed. The Department of State Police shall
12charge applicants a fee for conducting the criminal history
13records check, which shall be deposited in the State Police
14Services Fund and shall not exceed the actual cost of the
15records check. The Department of State Police shall furnish,
16pursuant to positive identification, records of Illinois
17convictions to the Department. The Department may require
18applicants to pay a separate fingerprinting fee, either to the
19Department or directly to the vendor. The Department, in its
20discretion, may allow an applicant who does not have
21reasonable access to a designated vendor to provide his or her
22fingerprints in an alternative manner. The Department, in its
23discretion, may also use other procedures in performing or
24obtaining criminal background checks of applicants. Instead of
25submitting his or her fingerprints, an individual may submit
26proof that is satisfactory to the Department that an

 

 

HB1865- 35 -LRB102 11814 RLC 17149 b

1equivalent security clearance has been conducted. Also, an
2individual who has retired as a peace officer within 12 months
3of application may submit verification, on forms provided by
4the Department and signed by his or her employer, of his or her
5previous full-time employment as a peace officer.
6    (d) The Department shall issue a permanent employee
7registration card, in a form the Department prescribes, to all
8qualified applicants. The holder of a permanent employee
9registration card shall carry the card at all times while
10actually engaged in the performance of the duties of his or her
11employment. Expiration and requirements for renewal of
12permanent employee registration cards shall be established by
13rule of the Department. Possession of a permanent employee
14registration card does not in any way imply that the holder of
15the card is employed by an agency unless the permanent
16employee registration card is accompanied by the employee
17identification card required by subsection (f) of this
18Section.
19    (e) Each employer shall maintain a record of each employee
20that is accessible to the duly authorized representatives of
21the Department. The record shall contain the following
22information:
23        (1) A photograph taken within 10 days of the date that
24    the employee begins employment with the employer. The
25    photograph shall be replaced with a current photograph
26    every 3 calendar years.

 

 

HB1865- 36 -LRB102 11814 RLC 17149 b

1        (2) The Employee's Statement specified in subsection
2    (b) of this Section.
3        (3) All correspondence or documents relating to the
4    character and integrity of the employee received by the
5    employer from any official source or law enforcement
6    agency.
7        (4) In the case of former employees, the employee
8    identification card of that person issued under subsection
9    (f) of this Section. Each employee record shall duly note
10    if the employee is employed in an armed capacity. Armed
11    employee files shall contain a copy of an active firearm
12    owner's identification card and a copy of an active
13    firearm control card. Each employer shall maintain a
14    record for each armed employee of each instance in which
15    the employee's weapon was discharged during the course of
16    his or her professional duties or activities. The record
17    shall be maintained on forms provided by the Department, a
18    copy of which must be filed with the Department within 15
19    days of an instance. The record shall include the date and
20    time of the occurrence, the circumstances involved in the
21    occurrence, and any other information as the Department
22    may require. Failure to provide this information to the
23    Department or failure to maintain the record as a part of
24    each armed employee's permanent file is grounds for
25    disciplinary action. The Department, upon receipt of a
26    report, shall have the authority to make any investigation

 

 

HB1865- 37 -LRB102 11814 RLC 17149 b

1    it considers appropriate into any occurrence in which an
2    employee's weapon was discharged and to take disciplinary
3    action as may be appropriate.
4        (5) A copy of the employee's permanent employee
5    registration card or a copy of the Department's "License
6    Lookup" Webpage showing that the employee has been issued
7    a valid permanent employee registration card by the
8    Department.
9    The Department may, by rule, prescribe further record
10requirements.
11    (f) Every employer shall furnish an employee
12identification card to each of his or her employees. This
13employee identification card shall contain a recent photograph
14of the employee, the employee's name, the name and agency
15license number of the employer, the employee's personal
16description, the signature of the employer, the signature of
17that employee, the date of issuance, and an employee
18identification card number.
19    (g) No employer may issue an employee identification card
20to any person who is not employed by the employer in accordance
21with this Section or falsely state or represent that a person
22is or has been in his or her employ. It is unlawful for an
23applicant for registered employment to file with the
24Department the fingerprints of a person other than himself or
25herself.
26    (h) Every employer shall obtain the identification card of

 

 

HB1865- 38 -LRB102 11814 RLC 17149 b

1every employee who terminates employment with him or her.
2    (i) Every employer shall maintain a separate roster of the
3names of all employees currently working in an armed capacity
4and submit the roster to the Department on request.
5    (j) No agency may employ any person to perform a licensed
6activity under this Act unless the person possesses a valid
7permanent employee registration card or a valid license under
8this Act, or is exempt pursuant to subsection (n).
9    (k) Notwithstanding the provisions of subsection (j), an
10agency may employ a person in a temporary capacity if all of
11the following conditions are met:
12        (1) The agency completes in its entirety and submits
13    to the Department an application for a permanent employee
14    registration card, including the required fingerprint
15    receipt and fees.
16        (2) The agency has verification from the Department
17    that the applicant has no record of any criminal
18    conviction pursuant to the criminal history check
19    conducted by the Department of State Police. The agency
20    shall maintain the verification of the results of the
21    Department of State Police criminal history check as part
22    of the employee record as required under subsection (e) of
23    this Section.
24        (3) The agency exercises due diligence to ensure that
25    the person is qualified under the requirements of the Act
26    to be issued a permanent employee registration card.

 

 

HB1865- 39 -LRB102 11814 RLC 17149 b

1        (4) The agency maintains a separate roster of the
2    names of all employees whose applications are currently
3    pending with the Department and submits the roster to the
4    Department on a monthly basis. Rosters are to be
5    maintained by the agency for a period of at least 24
6    months.
7    An agency may employ only a permanent employee applicant
8for which it either submitted a permanent employee application
9and all required forms and fees or it confirms with the
10Department that a permanent employee application and all
11required forms and fees have been submitted by another agency,
12licensee or the permanent employee and all other requirements
13of this Section are met.
14    The Department shall have the authority to revoke, without
15a hearing, the temporary authority of an individual to work
16upon receipt of Federal Bureau of Investigation fingerprint
17data or a report of another official authority indicating a
18criminal conviction. If the Department has not received a
19temporary employee's Federal Bureau of Investigation
20fingerprint data within 120 days of the date the Department
21received the Department of State Police fingerprint data, the
22Department may, at its discretion, revoke the employee's
23temporary authority to work with 15 days written notice to the
24individual and the employing agency.
25    An agency may not employ a person in a temporary capacity
26if it knows or reasonably should have known that the person has

 

 

HB1865- 40 -LRB102 11814 RLC 17149 b

1been convicted of a crime under the laws of this State, has
2been convicted in another state of any crime that is a crime
3under the laws of this State, has been convicted of any crime
4in a federal court, or has been posted as an unapproved
5applicant by the Department. Notice by the Department to the
6agency, via certified mail, personal delivery, electronic
7mail, or posting on the Department's Internet site accessible
8to the agency that the person has been convicted of a crime
9shall be deemed constructive knowledge of the conviction on
10the part of the agency. The Department may adopt rules to
11implement this subsection (k).
12    (l) No person may be employed under this Section in any
13capacity if:
14        (1) the person, while so employed, is being paid by
15    the United States or any political subdivision for the
16    time so employed in addition to any payments he or she may
17    receive from the employer; or
18        (2) the person wears any portion of his or her
19    official uniform, emblem of authority, or equipment while
20    so employed.
21    (m) If information is discovered affecting the
22registration of a person whose fingerprints were submitted
23under this Section, the Department shall so notify the agency
24that submitted the fingerprints on behalf of that person.
25    (n) Peace officers shall be exempt from the requirements
26of this Section relating to permanent employee registration

 

 

HB1865- 41 -LRB102 11814 RLC 17149 b

1cards. The agency shall remain responsible for any peace
2officer employed under this exemption, regardless of whether
3the peace officer is compensated as an employee or as an
4independent contractor and as further defined by rule.
5    (o) Persons who have no access to confidential or security
6information, who do not go to a client's or prospective
7client's residence or place of business, and who otherwise do
8not provide traditional security services are exempt from
9employee registration. Examples of exempt employees include,
10but are not limited to, employees working in the capacity of
11ushers, directors, ticket takers, cashiers, drivers, and
12reception personnel. Confidential or security information is
13that which pertains to employee files, scheduling, client
14contracts, or technical security and alarm data.
15    (p) An applicant who is 21 years of age or older seeking a
16religious exemption to the photograph requirement of this
17Section shall furnish with the application an approved copy of
18United States Department of the Treasury Internal Revenue
19Service Form 4029. Regardless of age, an applicant seeking a
20religious exemption to this photograph requirement shall
21submit fingerprints in a form and manner prescribed by the
22Department with his or her application in lieu of a
23photograph.
24(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
25    (225 ILCS 447/35-35)

 

 

HB1865- 42 -LRB102 11814 RLC 17149 b

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 35-35. Requirement of a firearm control card.
3    (a) No person shall perform duties that include the use,
4carrying, or possession of a firearm in the performance of
5those duties without complying with the provisions of this
6Section and having been issued a valid firearm control card by
7the Department.
8    (b) No employer shall employ any person to perform the
9duties for which licensure or employee registration is
10required and allow that person to carry a firearm unless that
11person has complied with all the firearm training requirements
12of this Section and has been issued a firearm control card.
13This Act permits only the following to carry firearms while
14actually engaged in the performance of their duties or while
15commuting directly to or from their places of employment:
16persons licensed as private detectives and their registered
17employees; persons licensed as private security contractors
18and their registered employees; persons licensed as private
19alarm contractors and their registered employees; and
20employees of a registered armed proprietary security force.
21    (c) Possession of a valid firearm control card allows a
22licensee or employee to carry a firearm not otherwise
23prohibited by law while the licensee or employee is engaged in
24the performance of his or her duties or while the licensee or
25employee is commuting directly to or from the licensee's or
26employee's place or places of employment.

 

 

HB1865- 43 -LRB102 11814 RLC 17149 b

1    (d) The Department shall issue a firearm control card to a
2person who has passed an approved firearm training course, who
3is currently licensed or employed by an agency licensed by
4this Act and has met all the requirements of this Act, and who
5is not prohibited under State or federal law from possessing a
6firearm possesses a valid firearm owner identification card.
7Application for the firearm control card shall be made by the
8employer to the Department on forms provided by the
9Department. The Department shall forward the card to the
10employer who shall be responsible for its issuance to the
11licensee or employee. The firearm control card shall be issued
12by the Department and shall identify the person holding it and
13the name of the course where the licensee or employee received
14firearm instruction and shall specify the type of weapon or
15weapons the person is authorized by the Department to carry
16and for which the person has been trained.
17    (e) Expiration and requirements for renewal of firearm
18control cards shall be determined by rule.
19    (f) The Department may, in addition to any other
20disciplinary action permitted by this Act, refuse to issue,
21suspend, or revoke a firearm control card if the applicant or
22holder has been convicted of any felony or crime involving the
23illegal use, carrying, or possession of a deadly weapon or for
24a violation of this Act or rules adopted promulgated under
25this Act. The Department shall refuse to issue or shall revoke
26a firearm control card if the applicant or holder is

 

 

HB1865- 44 -LRB102 11814 RLC 17149 b

1prohibited under State or federal law from possessing a
2firearm fails to possess a valid firearm owners identification
3card without hearing. The Secretary shall summarily suspend a
4firearm control card if the Secretary finds that its continued
5use would constitute an imminent danger to the public. A
6hearing shall be held before the Board within 30 days if the
7Secretary summarily suspends a firearm control card.
8    (g) Notwithstanding any other provision of this Act to the
9contrary, all requirements relating to firearms control cards
10do not apply to a peace officer. If an individual ceases to be
11employed as a peace officer and continues to perform services
12in an armed capacity under this Act that are licensed
13activities, then the individual is required to obtain a
14permanent employee registration card pursuant to Section 35-30
15of this Act and must possess a valid Firearm Owner's
16Identification Card, but is not required to obtain a firearm
17control card if the individual is otherwise in continuing
18compliance with the federal Law Enforcement Officers Safety
19Act of 2004. If an individual elects to carry a firearm
20pursuant to the federal Law Enforcement Officers Safety Act of
212004, then the agency employing the officer is required to
22submit a notice of that election to the Department along with a
23fee specified by rule.
24    (h) The Department may issue a temporary firearm control
25card pending issuance of a new firearm control card upon an
26agency's acquiring of an established armed account. An agency

 

 

HB1865- 45 -LRB102 11814 RLC 17149 b

1that has acquired armed employees as a result of acquiring an
2established armed account may, on forms supplied by the
3Department, request the issuance of a temporary firearm
4control card for each acquired employee who held a valid
5firearm control card under his or her employment with the
6newly acquired established armed account immediately preceding
7the acquiring of the account and who continues to meet all of
8the qualifications for issuance of a firearm control card set
9forth in this Act and any rules adopted under this Act. The
10Department shall, by rule, set the fee for issuance of a
11temporary firearm control card.
12    (i) The Department shall not issue a firearm control card
13to a licensed fingerprint vendor or a licensed locksmith or
14employees of a licensed fingerprint vendor agency or a
15licensed locksmith agency.
16(Source: P.A. 100-712, eff. 8-3-18.)
 
17    Section 50. The Mental Health and Developmental
18Disabilities Code is amended by changing Sections 6-103.1,
196-103.2, and 6-103.3 as follows:
 
20    (405 ILCS 5/6-103.1)
21    Sec. 6-103.1. Adjudication as a person with a mental
22disability. When a person has been adjudicated as a person
23with a mental disability as defined in Section 1.1 of the
24Firearm Owners Identification Card Act, including, but not

 

 

HB1865- 46 -LRB102 11814 RLC 17149 b

1limited to, an adjudication as a person with a disability as
2defined in Section 11a-2 of the Probate Act of 1975, the court
3shall direct the circuit court clerk to notify the Department
4of State Police, Firearm Owner's Identification (FOID) Office,
5in a form and manner prescribed by the Department of State
6Police, and shall forward a copy of the court order to the
7Department no later than 7 days after the entry of the order.
8Upon receipt of the order, the Department of State Police
9shall provide notification to the National Instant Criminal
10Background Check System. In this Section, "has been
11adjudicated as a mentally disabled person" means the person is
12the subject of a determination by a court, board, commission,
13or other lawful authority that the person, as a result of
14marked subnormal intelligence, or mental illness, mental
15impairment, incompetency, condition, or disease:
16        (1) presents a clear and present danger to himself,
17    herself, or to others;
18        (2) lacks the mental capacity to manage his or her own
19    affairs or is adjudicated a disabled person as defined in
20    Section 11a-2 of the Probate Act of 1975;
21        (3) is not guilty in a criminal case by reason of
22    insanity, mental disease or defect;
23        (3.5) is guilty but mentally ill, as provided in
24    Section 5-2-6 of the Unified Code of Corrections;
25        (4) is unfit to stand trial in a criminal case;
26        (5) is not guilty by reason of lack of mental

 

 

HB1865- 47 -LRB102 11814 RLC 17149 b

1    responsibility under Articles 50a and 72b of the Uniform
2    Code of Military Justice, 10 U.S.C. 850a, 876b;
3        (6) is a sexually violent person under subsection (f)
4    of Section 5 of the Sexually Violent Persons Commitment
5    Act;
6        (7) is a sexually dangerous person under the Sexually
7    Dangerous Persons Act;
8        (8) is unfit to stand trial under the Juvenile Court
9    Act of 1987;
10        (9) is not guilty by reason of insanity under the
11    Juvenile Court Act of 1987;
12        (10) is a person subject to involuntary admission on
13    an inpatient basis as defined in Section 1-119 of the
14    Mental Health and Developmental Disabilities Code;
15        (11) is a person subject to involuntary admission on
16    an outpatient basis as defined in Section 1-119.1 of the
17    Mental Health and Developmental Disabilities Code;
18        (12) is subject to judicial admission as set forth in
19    Section 4-500 of the Mental Health and Developmental
20    Disabilities Code; or
21        (13) is subject to the provisions of the Interstate
22    Agreements on Sexually Dangerous Persons Act.
23(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
24    (405 ILCS 5/6-103.2)
25    Sec. 6-103.2. Developmental disability; notice. If a

 

 

HB1865- 48 -LRB102 11814 RLC 17149 b

1person 14 years old or older is determined to be a person with
2a developmental disability by a physician, clinical
3psychologist, or qualified examiner, the physician, clinical
4psychologist, or qualified examiner shall notify the
5Department of Human Services within 7 days of making the
6determination that the person has a developmental disability.
7The Department of Human Services shall immediately update its
8records and information relating to mental health and
9developmental disabilities, and if appropriate, shall notify
10the Department of State Police in a form and manner prescribed
11by the Department of State Police. Information disclosed under
12this Section shall remain privileged and confidential, and
13shall not be redisclosed, except as required under clause
14(e)(2) of Section 24-4.5 of the Criminal Code of 2012
15subsection (e) of Section 3.1 of the Firearm Owners
16Identification Card Act, nor used for any other purpose. The
17method of providing this information shall guarantee that the
18information is not released beyond that which is necessary for
19the purpose of this Section and shall be provided by rule by
20the Department of Human Services. The identity of the person
21reporting under this Section shall not be disclosed to the
22subject of the report.
23    The physician, clinical psychologist, or qualified
24examiner making the determination and his or her employer may
25not be held criminally, civilly, or professionally liable for
26making or not making the notification required under this

 

 

HB1865- 49 -LRB102 11814 RLC 17149 b

1Section, except for willful or wanton misconduct.
2    In this Section, "developmentally disabled" has the
3meaning ascribed to it in Section 12 of the Mental Health and
4Developmental Disabilities Confidentiality Act.
5    In For purposes of this Section, "developmental
6disability" means a disability which is attributable to any
7other condition which results in impairment similar to that
8caused by an intellectual disability and which requires
9services similar to those required by intellectually disabled
10persons. The disability must originate before the age of 18
11years, be expected to continue indefinitely, and constitute a
12substantial disability. This disability results, in the
13professional opinion of a physician, clinical psychologist, or
14qualified examiner, in significant functional limitations in 3
15or more of the following areas of major life activity:
16        (i) self-care;
17        (ii) receptive and expressive language;
18        (iii) learning;
19        (iv) mobility; or
20        (v) self-direction.
21    "Determined to be a person with a developmental disability
22by a physician, clinical psychologist, or qualified examiner"
23means in the professional opinion of the physician, clinical
24psychologist, or qualified examiner, a person is diagnosed,
25assessed, or evaluated as having a developmental disability.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

 

 

HB1865- 50 -LRB102 11814 RLC 17149 b

1eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    (405 ILCS 5/6-103.3)
3    Sec. 6-103.3. Clear and present danger; notice. If a
4person is determined to pose a clear and present danger to
5himself, herself, or to others by a physician, clinical
6psychologist, or qualified examiner, whether employed by the
7State, by any public or private mental health facility or part
8thereof, or by a law enforcement official or a school
9administrator, then the physician, clinical psychologist,
10qualified examiner shall notify the Department of Human
11Services and a law enforcement official or school
12administrator shall notify the Department of State Police,
13within 24 hours of making the determination that the person
14poses a clear and present danger. The Department of Human
15Services shall immediately update its records and information
16relating to mental health and developmental disabilities, and
17if appropriate, shall notify the Department of State Police in
18a form and manner prescribed by the Department of State
19Police. Information disclosed under this Section shall remain
20privileged and confidential, and shall not be redisclosed,
21except as required under clause (e)(2) of Section 24-4.5 of
22the Criminal Code of 2012 subsection (e) of Section 3.1 of the
23Firearm Owners Identification Card Act, nor used for any other
24purpose. The method of providing this information shall
25guarantee that the information is not released beyond that

 

 

HB1865- 51 -LRB102 11814 RLC 17149 b

1which is necessary for the purpose of this Section and shall be
2provided by rule by the Department of Human Services. The
3identity of the person reporting under this Section shall not
4be disclosed to the subject of the report. The physician,
5clinical psychologist, qualified examiner, law enforcement
6official, or school administrator making the determination and
7his or her employer shall not be held criminally, civilly, or
8professionally liable for making or not making the
9notification required under this Section, except for willful
10or wanton misconduct. This Section does not apply to a law
11enforcement official, if making the notification under this
12Section will interfere with an ongoing or pending criminal
13investigation.
14    In For the purposes of this Section:
15        "Clear and present danger" means a person who:
16            (1) communicates a serious threat of physical
17        violence against a reasonably identifiable victim or
18        poses a clear and imminent risk of serious physical
19        injury to himself, herself, or another person as
20        determined by a physician, clinical psychologist, or
21        qualified examiner; or
22            (2) demonstrates threatening physical or verbal
23        behavior, such as violent, suicidal, or assaultive
24        threats, actions, or other behavior, as determined by
25        a physician, clinical psychologist, qualified
26        examiner, school administrator, or law enforcement

 

 

HB1865- 52 -LRB102 11814 RLC 17149 b

1        official.
2        "Physician", "clinical psychologist", and "qualified
3    examiner" have the meanings ascribed to them in the Mental
4    Health and Developmental Disabilities Code has the meaning
5    ascribed to it in Section 1.1 of the Firearm Owners
6    Identification Card Act.
7        "Determined to pose a clear and present danger to
8    himself, herself, or to others by a physician, clinical
9    psychologist, or qualified examiner" means in the
10    professional opinion of the physician, clinical
11    psychologist, or qualified examiner, a person poses a
12    clear and present danger.
13        "School administrator" means the person required to
14    report under the School Administrator Reporting of Mental
15    Health Clear and Present Danger Determinations Law.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
17    Section 55. The Lead Poisoning Prevention Act is amended
18by changing Section 2 as follows:
 
19    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
20    Sec. 2. Definitions. As used in this Act:
21    "Child care facility" means any structure used by a child
22care provider licensed by the Department of Children and
23Family Services or public or private school structure
24frequented by children 6 years of age or younger.

 

 

HB1865- 53 -LRB102 11814 RLC 17149 b

1    "Childhood Lead Risk Questionnaire" means the
2questionnaire developed by the Department for use by
3physicians and other health care providers to determine risk
4factors for children 6 years of age or younger residing in
5areas designated as low risk for lead exposure.
6    "Delegate agency" means a unit of local government or
7health department approved by the Department to carry out the
8provisions of this Act.
9    "Department" means the Department of Public Health.
10    "Director" means the Director of Public Health.
11    "Dwelling unit" means an individual unit within a
12residential building used as living quarters for one
13household.
14    "Elevated blood lead level" means a blood lead level in
15excess of the limits established under State rules.
16    "Exposed surface" means any interior or exterior surface
17of a regulated facility.
18    "High risk area" means an area in the State determined by
19the Department to be high risk for lead exposure for children 6
20years of age or younger. The Department may consider, but is
21not limited to, the following factors to determine a high risk
22area: age and condition (using Department of Housing and Urban
23Development definitions of "slum" and "blighted") of housing,
24proximity to highway traffic or heavy local traffic or both,
25percentage of housing determined as rental or vacant,
26proximity to industry using lead, established incidence of

 

 

HB1865- 54 -LRB102 11814 RLC 17149 b

1elevated blood lead levels in children, percentage of
2population living below 200% of federal poverty guidelines,
3and number of children residing in the area who are 6 years of
4age or younger.
5    "Lead abatement" means any approved work practices that
6will permanently eliminate lead exposure or remove the
7lead-bearing substances in a regulated facility. The
8Department shall establish by rule which work practices are
9approved or prohibited for lead abatement.
10    "Lead abatement contractor" means any person or entity
11licensed by the Department to perform lead abatement and
12mitigation.
13    "Lead abatement supervisor" means any person employed by a
14lead abatement contractor and licensed by the Department to
15perform lead abatement and lead mitigation and to supervise
16lead workers who perform lead abatement and lead mitigation.
17    "Lead abatement worker" means any person employed by a
18lead abatement contractor and licensed by the Department to
19perform lead abatement and mitigation.
20    "Lead activities" means the conduct of any lead services,
21including, lead inspection, lead risk assessment, lead
22mitigation, or lead abatement work or supervision in a
23regulated facility.
24    "Lead-bearing substance" means any item containing or
25coated with lead such that the lead content is more than
26six-hundredths of one percent (0.06%) lead by total weight; or

 

 

HB1865- 55 -LRB102 11814 RLC 17149 b

1any dust on surfaces or in furniture or other nonpermanent
2elements of the regulated facility; or any paint or other
3surface coating material containing more than five-tenths of
4one percent (0.5%) lead by total weight (calculated as lead
5metal) in the total non-volatile content of liquid paint; or
6lead-bearing substances containing greater than one milligram
7per square centimeter or any lower standard for lead content
8in residential paint as may be established by federal law or
9rule; or more than 1 milligram per square centimeter in the
10dried film of paint or previously applied substance; or item
11or dust on item containing lead in excess of the amount
12specified in the rules authorized by this Act or a lower
13standard for lead content as may be established by federal law
14or rule. "Lead-bearing substance" does not include firearm
15ammunition or components as defined by Section 2-7.1 of the
16Criminal Code of 2012 the Firearm Owners Identification Card
17Act.
18    "Lead hazard" means a lead-bearing substance that poses an
19immediate health hazard to humans.
20    "Lead hazard screen" means a lead risk assessment that
21involves limited dust and paint sampling for lead-bearing
22substances and lead hazards. This service is used as a
23screening tool designed to determine if further lead
24investigative services are required for the regulated
25facility.
26    "Lead inspection" means a surface-by-surface investigation

 

 

HB1865- 56 -LRB102 11814 RLC 17149 b

1to determine the presence of lead-based paint.
2    "Lead inspector" means an individual who has been trained
3by a Department-approved training program and is licensed by
4the Department to conduct lead inspections; to sample for the
5presence of lead in paint, dust, soil, and water; and to
6conduct compliance investigations.
7    "Lead mitigation" means the remediation, in a manner
8described in Section 9, of a lead hazard so that the
9lead-bearing substance does not pose an immediate health
10hazard to humans.
11    "Lead poisoning" means having an elevated blood lead
12level.
13    "Lead risk assessment" means an on-site investigation to
14determine the existence, nature, severity, and location of
15lead hazards. "Lead risk assessment" includes any lead
16sampling and visual assessment associated with conducting a
17lead risk assessment and lead hazard screen and all lead
18sampling associated with compliance investigations.
19    "Lead risk assessor" means an individual who has been
20trained by a Department-approved training program and is
21licensed by the Department to conduct lead risk assessments,
22lead inspections, and lead hazard screens; to sample for the
23presence of lead in paint, dust, soil, water, and sources for
24lead-bearing substances; and to conduct compliance
25investigations.
26    "Lead training program provider" means any person

 

 

HB1865- 57 -LRB102 11814 RLC 17149 b

1providing Department-approved lead training in Illinois to
2individuals seeking licensure in accordance with the Act.
3    "Low risk area" means an area in the State determined by
4the Department to be low risk for lead exposure for children 6
5years of age or younger. The Department may consider the
6factors named in "high risk area" to determine low risk areas.
7    "Owner" means any person, who alone, jointly, or severally
8with others:
9        (a) Has legal title to any regulated facility, with or
10    without actual possession of the regulated facility, or
11        (b) Has charge, care, or control of the regulated
12    facility as owner or agent of the owner, or as executor,
13    administrator, trustee, or guardian of the estate of the
14    owner.
15    "Person" means any individual, partnership, firm, company,
16limited liability company, corporation, association, joint
17stock company, trust, estate, political subdivision, State
18agency, or any other legal entity, or their legal
19representative, agent, or assign.
20    "Regulated facility" means a residential building or child
21care facility.
22    "Residential building" means any room, group of rooms, or
23other interior areas of a structure designed or used for human
24habitation; common areas accessible by inhabitants; and the
25surrounding property or structures.
26(Source: P.A. 100-723, eff. 1-1-19.)
 

 

 

HB1865- 58 -LRB102 11814 RLC 17149 b

1    (430 ILCS 65/Act rep.)
2    Section 60. The Firearm Owners Identification Card Act is
3repealed.
 
4    Section 65. The Firearm Concealed Carry Act is amended by
5changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
6    (430 ILCS 66/25)
7    Sec. 25. Qualifications for a license.
8    The Department shall issue a license to an applicant
9completing an application in accordance with Section 30 of
10this Act if the person:
11        (1) is at least 21 years of age;
12        (2) has a currently valid Firearm Owner's
13    Identification Card and at the time of application meets
14    the requirements for the issuance of a Firearm Owner's
15    Identification Card and is not prohibited under State or
16    the Firearm Owners Identification Card Act or federal law
17    from possessing or receiving a firearm;
18        (3) has not been convicted or found guilty in this
19    State or in any other state of:
20            (A) a misdemeanor involving the use or threat of
21        physical force or violence to any person within the 5
22        years preceding the date of the license application;
23        or

 

 

HB1865- 59 -LRB102 11814 RLC 17149 b

1            (B) 2 or more violations related to driving while
2        under the influence of alcohol, other drug or drugs,
3        intoxicating compound or compounds, or any combination
4        thereof, within the 5 years preceding the date of the
5        license application;
6        (4) is not the subject of a pending arrest warrant,
7    prosecution, or proceeding for an offense or action that
8    could lead to disqualification to own or possess a
9    firearm;
10        (5) has not been in residential or court-ordered
11    treatment for alcoholism, alcohol detoxification, or drug
12    treatment within the 5 years immediately preceding the
13    date of the license application; and
14        (6) has completed firearms training and any education
15    component required under Section 75 of this Act.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
17    (430 ILCS 66/30)
18    Sec. 30. Contents of license application.
19    (a) The license application shall be in writing, under
20penalty of perjury, on a standard form adopted by the
21Department and shall be accompanied by the documentation
22required in this Section and the applicable fee. Each
23application form shall include the following statement printed
24in bold type: "Warning: Entering false information on this
25form is punishable as perjury under Section 32-2 of the

 

 

HB1865- 60 -LRB102 11814 RLC 17149 b

1Criminal Code of 2012."
2    (b) The application shall contain the following:
3        (1) the applicant's name, current address, date and
4    year of birth, place of birth, height, weight, hair color,
5    eye color, maiden name or any other name the applicant has
6    used or identified with, and any address where the
7    applicant resided for more than 30 days within the 10
8    years preceding the date of the license application;
9        (2) the applicant's valid driver's license number or
10    valid state identification card number;
11        (3) a waiver of the applicant's privacy and
12    confidentiality rights and privileges under all federal
13    and state laws, including those limiting access to
14    juvenile court, criminal justice, psychological, or
15    psychiatric records or records relating to any
16    institutionalization of the applicant, and an affirmative
17    request that a person having custody of any of these
18    records provide it or information concerning it to the
19    Department. The waiver only applies to records sought in
20    connection with determining whether the applicant
21    qualifies for a license to carry a concealed firearm under
22    this Act, or whether the applicant remains in compliance
23    with the Firearm Owners Identification Card Act;
24        (4) an affirmation that the applicant is not
25    prohibited under State or federal law from possessing or
26    receiving a firearm possesses a currently valid Firearm

 

 

HB1865- 61 -LRB102 11814 RLC 17149 b

1    Owner's Identification Card and card number if possessed
2    or notice the applicant is applying for a Firearm Owner's
3    Identification Card in conjunction with the license
4    application;
5        (5) an affirmation that the applicant has not been
6    convicted or found guilty of:
7            (A) a felony;
8            (B) 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 application; or
11            (C) 2 or more violations related to driving while
12        under the influence of alcohol, other drug or drugs,
13        intoxicating compound or compounds, or any combination
14        thereof, within the 5 years preceding the date of the
15        license application; and
16        (6) whether the applicant has failed a drug test for a
17    drug for which the applicant did not have a prescription,
18    within the previous year, and if so, the provider of the
19    test, the specific substance involved, and the date of the
20    test;
21        (7) written consent for the Department to review and
22    use the applicant's Illinois digital driver's license or
23    Illinois identification card photograph and signature;
24        (8) a full set of fingerprints submitted to the
25    Department in electronic format, provided the Department
26    may accept an application submitted without a set of

 

 

HB1865- 62 -LRB102 11814 RLC 17149 b

1    fingerprints in which case the Department shall be granted
2    30 days in addition to the 90 days provided under
3    subsection (e) of Section 10 of this Act to issue or deny a
4    license;
5        (9) a head and shoulder color photograph in a size
6    specified by the Department taken within the 30 days
7    preceding the date of the license application; and
8        (10) a photocopy of any certificates or other evidence
9    of compliance with the training requirements under this
10    Act.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
12    (430 ILCS 66/40)
13    Sec. 40. Non-resident license applications.
14    (a) For the purposes of this Section, "non-resident" means
15a person who has not resided within this State for more than 30
16days and resides in another state or territory.
17    (b) The Department shall by rule allow for non-resident
18license applications from any state or territory of the United
19States with laws related to firearm ownership, possession, and
20carrying, that are substantially similar to the requirements
21to obtain a license under this Act.
22    (c) A resident of a state or territory approved by the
23Department under subsection (b) of this Section may apply for
24a non-resident license. The applicant shall apply to the
25Department and must meet all of the qualifications established

 

 

HB1865- 63 -LRB102 11814 RLC 17149 b

1in Section 25 of this Act, except for the Illinois residency
2requirement in item (xiv) of paragraph (2) of subsection (a)
3of Section 4 of the Firearm Owners Identification Card Act.
4The applicant shall submit:
5        (1) the application and documentation required under
6    Section 30 of this Act and the applicable fee;
7        (2) a notarized document stating that the applicant:
8            (A) is eligible under federal law and the laws of
9        his or her state or territory of residence to own or
10        possess a firearm;
11            (B) if applicable, has a license or permit to
12        carry a firearm or concealed firearm issued by his or
13        her state or territory of residence and attach a copy
14        of the license or permit to the application;
15            (C) understands Illinois laws pertaining to the
16        possession and transport of firearms; and
17            (D) acknowledges that the applicant is subject to
18        the jurisdiction of the Department and Illinois courts
19        for any violation of this Act;
20        (3) a photocopy of any certificates or other evidence
21    of compliance with the training requirements under Section
22    75 of this Act; and
23        (4) a head and shoulder color photograph in a size
24    specified by the Department taken within the 30 days
25    preceding the date of the application.
26    (d) In lieu of an Illinois driver's license or Illinois

 

 

HB1865- 64 -LRB102 11814 RLC 17149 b

1identification card, a non-resident applicant shall provide
2similar documentation from his or her state or territory of
3residence. The applicant shall submit In lieu of a valid
4Firearm Owner's Identification Card, the applicant shall
5submit documentation and information required by the
6Department to obtain a Firearm Owner's Identification Card,
7including an affidavit that the non-resident meets the mental
8health standards to obtain a firearm under Illinois law, and
9the Department shall ensure that the applicant would meet the
10eligibility criteria under State law to possess a firearm to
11obtain a Firearm Owner's Identification card if he or she was a
12resident of this State.
13    (e) Nothing in this Act shall prohibit a non-resident from
14transporting a concealed firearm within his or her vehicle in
15Illinois, if the concealed firearm remains within his or her
16vehicle and the non-resident:
17        (1) is not prohibited from owning or possessing a
18    firearm under federal law;
19        (2) is eligible to carry a firearm in public under the
20    laws of his or her state or territory of residence, as
21    evidenced by the possession of a concealed carry license
22    or permit issued by his or her state of residence, if
23    applicable; and
24        (3) is not in possession of a license under this Act.
25    If the non-resident leaves his or her vehicle unattended,
26he or she shall store the firearm within a locked vehicle or

 

 

HB1865- 65 -LRB102 11814 RLC 17149 b

1locked container within the vehicle in accordance with
2subsection (b) of Section 65 of this Act.
3(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
4eff. 7-20-15.)
 
5    (430 ILCS 66/70)
6    Sec. 70. Violations.
7    (a) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found to be ineligible
9for a license under this Act or the licensee is prohibited from
10possessing a firearm under State or federal law no longer
11meets the eligibility requirements of the Firearm Owners
12Identification Card Act.
13    (b) A license shall be suspended if an order of
14protection, including an emergency order of protection,
15plenary order of protection, or interim order of protection
16under Article 112A of the Code of Criminal Procedure of 1963 or
17under the Illinois Domestic Violence Act of 1986, or if a
18firearms restraining order, including an emergency firearms
19restraining order, under the Firearms Restraining Order Act,
20is issued against a licensee for the duration of the order, or
21if the Department is made aware of a similar order issued
22against the licensee in any other jurisdiction. If an order of
23protection is issued against a licensee, the licensee shall
24surrender the license, as applicable, to the court at the time
25the order is entered or to the law enforcement agency or entity

 

 

HB1865- 66 -LRB102 11814 RLC 17149 b

1serving process at the time the licensee is served the order.
2The court, law enforcement agency, or entity responsible for
3serving the order of protection shall notify the Department
4within 7 days and transmit the license to the Department.
5    (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9    (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14    A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19    (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. The
22Department may suspend a license for up to 6 months for a
23second violation and shall permanently revoke a license for 3
24or more violations of Section 65 of this Act. Any person
25convicted of a violation under this Section shall pay a $150
26fee to be deposited into the Mental Health Reporting Fund,

 

 

HB1865- 67 -LRB102 11814 RLC 17149 b

1plus any applicable court costs or fees.
2    (f) A licensee convicted or found guilty of a violation of
3this Act who has a valid license and is otherwise eligible to
4carry a concealed firearm shall only be subject to the
5penalties under this Section and shall not be subject to the
6penalties under Section 21-6, paragraph (4), (8), or (10) of
7subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
8of paragraph (3) of subsection (a) of Section 24-1.6 of the
9Criminal Code of 2012. Except as otherwise provided in this
10subsection, nothing in this subsection prohibits the licensee
11from being subjected to penalties for violations other than
12those specified in this Act.
13    (g) A licensee whose license is revoked, suspended, or
14denied shall, within 48 hours of receiving notice of the
15revocation, suspension, or denial, surrender his or her
16concealed carry license to the local law enforcement agency
17where the person resides. The local law enforcement agency
18shall provide the licensee a receipt and transmit the
19concealed carry license to the Department of State Police. If
20the licensee whose concealed carry license has been revoked,
21suspended, or denied fails to comply with the requirements of
22this subsection, the law enforcement agency where the person
23resides may petition the circuit court to issue a warrant to
24search for and seize the concealed carry license in the
25possession and under the custody or control of the licensee
26whose concealed carry license has been revoked, suspended, or

 

 

HB1865- 68 -LRB102 11814 RLC 17149 b

1denied. The observation of a concealed carry license in the
2possession of a person whose license has been revoked,
3suspended, or denied constitutes a sufficient basis for the
4arrest of that person for violation of this subsection. A
5violation of this subsection is a Class A misdemeanor.
6    (h) (Blank). A license issued or renewed under this Act
7shall be revoked if, at any time, the licensee is found
8ineligible for a Firearm Owner's Identification Card, or the
9licensee no longer possesses a valid Firearm Owner's
10Identification Card. A licensee whose license is revoked under
11this subsection (h) shall surrender his or her concealed carry
12license as provided for in subsection (g) of this Section.
13    This subsection shall not apply to a person who has filed
14an application with the State Police for renewal of a Firearm
15Owner's Identification Card and who is not otherwise
16ineligible to obtain a Firearm Owner's Identification Card.
17    (i) A certified firearms instructor who knowingly provides
18or offers to provide a false certification that an applicant
19has completed firearms training as required under this Act is
20guilty of a Class A misdemeanor. A person guilty of a violation
21of this subsection (i) is not eligible for court supervision.
22The Department shall permanently revoke the firearms
23instructor certification of a person convicted under this
24subsection (i).
25(Source: P.A. 100-607, eff. 1-1-19.)
 

 

 

HB1865- 69 -LRB102 11814 RLC 17149 b

1    (430 ILCS 66/80)
2    Sec. 80. Certified firearms instructors.
3    (a) Within 60 days of the effective date of this Act, the
4Department shall begin approval of certified firearms
5instructors and enter certified firearms instructors into an
6online registry on the Department's website.
7    (b) A person who is not a certified firearms instructor
8shall not teach applicant training courses or advertise or
9otherwise represent courses they teach as qualifying their
10students to meet the requirements to receive a license under
11this Act. Each violation of this subsection is a business
12offense with a fine of at least $1,000 per violation.
13    (c) A person seeking to become a certified firearms
14instructor shall:
15        (1) be at least 21 years of age;
16        (2) be a legal resident of the United States; and
17        (3) meet the requirements of Section 25 of this Act,
18    except for the Illinois residency requirement in item
19    (xiv) of paragraph (2) of subsection (a) of Section 4 of
20    the Firearm Owners Identification Card Act; and any
21    additional uniformly applied requirements established by
22    the Department.
23    (d) A person seeking to become a certified firearms
24instructor, in addition to the requirements of subsection (c)
25of this Section, shall:
26        (1) possess a high school diploma or high school

 

 

HB1865- 70 -LRB102 11814 RLC 17149 b

1    equivalency certificate; and
2        (2) have at least one of the following valid firearms
3    instructor certifications:
4            (A) certification from a law enforcement agency;
5            (B) certification from a firearm instructor course
6        offered by a State or federal governmental agency;
7            (C) certification from a firearm instructor
8        qualification course offered by the Illinois Law
9        Enforcement Training Standards Board; or
10            (D) certification from an entity approved by the
11        Department that offers firearm instructor education
12        and training in the use and safety of firearms.
13    (e) A person may have his or her firearms instructor
14certification denied or revoked if he or she does not meet the
15requirements to obtain a license under this Act, provides
16false or misleading information to the Department, or has had
17a prior instructor certification revoked or denied by the
18Department.
19(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
2098-718, eff. 1-1-15.)
 
21    (430 ILCS 66/105)
22    Sec. 105. Duty of school administrator. It is the duty of
23the principal of a public elementary or secondary school, or
24his or her designee, and the chief administrative officer of a
25private elementary or secondary school or a public or private

 

 

HB1865- 71 -LRB102 11814 RLC 17149 b

1community college, college, or university, or his or her
2designee, to report to the Department of State Police when a
3student is determined to pose a clear and present danger to
4himself, herself, or to others, within 24 hours of the
5determination as provided in Section 6-103.3 of the Mental
6Health and Developmental Disabilities Code. "Clear and present
7danger" has the meaning as provided in paragraph (2) of the
8definition of "clear and present danger" in Section 6-103.3 of
9the Mental Health and Developmental Disabilities Code 1.1 of
10the Firearm Owners Identification Card Act.
11(Source: P.A. 98-63, eff. 7-9-13.)
 
12    Section 66. The Firearms Restraining Order Act is amended
13by changing Sections 35 and 40 as follows:
 
14    (430 ILCS 67/35)
15    Sec. 35. Ex parte orders and emergency hearings.
16    (a) A petitioner may request an emergency firearms
17restraining order by filing an affidavit or verified pleading
18alleging that the respondent poses an immediate and present
19danger of causing personal injury to himself, herself, or
20another by having in his or her custody or control,
21purchasing, possessing, or receiving a firearm. The petition
22shall also describe the type and location of any firearm or
23firearms presently believed by the petitioner to be possessed
24or controlled by the respondent.

 

 

HB1865- 72 -LRB102 11814 RLC 17149 b

1    (b) If the respondent is alleged to pose an immediate and
2present danger of causing personal injury to an intimate
3partner, or an intimate partner is alleged to have been the
4target of a threat or act of violence by the respondent, the
5petitioner shall make a good faith effort to provide notice to
6any and all intimate partners of the respondent. The notice
7must include that the petitioner intends to petition the court
8for an emergency firearms restraining order, and, if the
9petitioner is a law enforcement officer, referral to relevant
10domestic violence or stalking advocacy or counseling
11resources, if appropriate. The petitioner shall attest to
12having provided the notice in the filed affidavit or verified
13pleading. If, after making a good faith effort, the petitioner
14is unable to provide notice to any or all intimate partners,
15the affidavit or verified pleading should describe what
16efforts were made.
17    (c) Every person who files a petition for an emergency
18firearms restraining order, knowing the information provided
19to the court at any hearing or in the affidavit or verified
20pleading to be false, is guilty of perjury under Section 32-2
21of the Criminal Code of 2012.
22    (d) An emergency firearms restraining order shall be
23issued on an ex parte basis, that is, without notice to the
24respondent.
25    (e) An emergency hearing held on an ex parte basis shall be
26held the same day that the petition is filed or the next day

 

 

HB1865- 73 -LRB102 11814 RLC 17149 b

1that the court is in session.
2    (f) If a circuit or associate judge finds probable cause
3to believe that the respondent poses an immediate and present
4danger of causing personal injury to himself, herself, or
5another by having in his or her custody or control,
6purchasing, possessing, or receiving a firearm, the circuit or
7associate judge shall issue an emergency order.
8    (f-5) If the court issues an emergency firearms
9restraining order, it shall, upon a finding of probable cause
10that the respondent possesses firearms, issue a search warrant
11directing a law enforcement agency to seize the respondent's
12firearms. The court may, as part of that warrant, direct the
13law enforcement agency to search the respondent's residence
14and other places where the court finds there is probable cause
15to believe he or she is likely to possess the firearms.
16    (g) An emergency firearms restraining order shall require:
17        (1) the respondent to refrain from having in his or
18    her custody or control, purchasing, possessing, or
19    receiving additional firearms for the duration of the
20    order; and
21        (2) the respondent to turn over to the local law
22    enforcement agency any Firearm Owner's Identification Card
23    and concealed carry license in his or her possession. The
24    local law enforcement agency shall immediately mail the
25    card and concealed carry license to the Department of
26    State Police Firearm Services Bureau for safekeeping. The

 

 

HB1865- 74 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 75 -LRB102 11814 RLC 17149 b

1respondent's firearms must swear or affirm by affidavit that
2he or she shall not transfer the firearm to the respondent or
3to anyone residing in the same residence as the respondent.
4    (h-6) If a person other than the respondent claims title
5to any firearms surrendered under this Section, he or she may
6petition the court, if the petitioner is present in court or
7has notice of the petition, to have the firearm returned to him
8or her. If the court determines that person to be the lawful
9owner of the firearm, the firearm shall be returned to him or
10her, provided that:
11        (1) the firearm is removed from the respondent's
12    custody, control, or possession and the lawful owner
13    agrees to store the firearm in a manner such that the
14    respondent does not have access to or control of the
15    firearm; and
16        (2) the firearm is not otherwise unlawfully possessed
17    by the owner.
18    The person petitioning for the return of his or her
19firearm must swear or affirm by affidavit that he or she: (i)
20is the lawful owner of the firearm; (ii) shall not transfer the
21firearm to the respondent; and (iii) will store the firearm in
22a manner that the respondent does not have access to or control
23of the firearm.
24    (i) In accordance with subsection (e) of this Section, the
25court shall schedule a full hearing as soon as possible, but no
26longer than 14 days from the issuance of an ex parte firearms

 

 

HB1865- 76 -LRB102 11814 RLC 17149 b

1restraining order, to determine if a 6-month firearms
2restraining order shall be issued. The court may extend an ex
3parte order as needed, but not to exceed 14 days, to effectuate
4service of the order or if necessary to continue protection.
5The court may extend the order for a greater length of time by
6mutual agreement of the parties.
7(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
8    (430 ILCS 67/40)
9    Sec. 40. Six-month orders.
10    (a) A petitioner may request a 6-month firearms
11restraining order by filing an affidavit or verified pleading
12alleging that the respondent poses a significant danger of
13causing personal injury to himself, herself, or another in the
14near future by having in his or her custody or control,
15purchasing, possessing, or receiving a firearm. The petition
16shall also describe the number, types, and locations of any
17firearms presently believed by the petitioner to be possessed
18or controlled by the respondent.
19    (b) If the respondent is alleged to pose a significant
20danger of causing personal injury to an intimate partner, or
21an intimate partner is alleged to have been the target of a
22threat or act of violence by the respondent, the petitioner
23shall make a good faith effort to provide notice to any and all
24intimate partners of the respondent. The notice must include
25that the petitioner intends to petition the court for a

 

 

HB1865- 77 -LRB102 11814 RLC 17149 b

16-month firearms restraining order, and, if the petitioner is
2a law enforcement officer, referral to relevant domestic
3violence or stalking advocacy or counseling resources, if
4appropriate. The petitioner shall attest to having provided
5the notice in the filed affidavit or verified pleading. If,
6after making a good faith effort, the petitioner is unable to
7provide notice to any or all intimate partners, the affidavit
8or verified pleading should describe what efforts were made.
9    (c) Every person who files a petition for a 6-month
10firearms restraining order, knowing the information provided
11to the court at any hearing or in the affidavit or verified
12pleading to be false, is guilty of perjury under Section 32-2
13of the Criminal Code of 2012.
14    (d) Upon receipt of a petition for a 6-month firearms
15restraining order, the court shall order a hearing within 30
16days.
17    (e) In determining whether to issue a firearms restraining
18order under this Section, the court shall consider evidence
19including, but not limited to, the following:
20        (1) The unlawful and reckless use, display, or
21    brandishing of a firearm by the respondent.
22        (2) The history of use, attempted use, or threatened
23    use of physical force by the respondent against another
24    person.
25        (3) Any prior arrest of the respondent for a felony
26    offense.

 

 

HB1865- 78 -LRB102 11814 RLC 17149 b

1        (4) Evidence of the abuse of controlled substances or
2    alcohol by the respondent.
3        (5) A recent threat of violence or act of violence by
4    the respondent directed toward himself, herself, or
5    another.
6        (6) A violation of an emergency order of protection
7    issued under Section 217 of the Illinois Domestic Violence
8    Act of 1986 or Section 112A-17 of the Code of Criminal
9    Procedure of 1963 or of an order of protection issued
10    under Section 214 of the Illinois Domestic Violence Act of
11    1986 or Section 112A-14 of the Code of Criminal Procedure
12    of 1963.
13        (7) A pattern of violent acts or violent threats,
14    including, but not limited to, threats of violence or acts
15    of violence by the respondent directed toward himself,
16    herself, or another.
17    (f) At the hearing, the petitioner shall have the burden
18of proving, by clear and convincing evidence, that the
19respondent poses a significant danger of personal injury to
20himself, herself, or another by having in his or her custody or
21control, purchasing, possessing, or receiving a firearm.
22    (g) If the court finds that there is clear and convincing
23evidence to issue a firearms restraining order, the court
24shall issue a firearms restraining order that shall be in
25effect for 6 months subject to renewal under Section 45 of this
26Act or termination under that Section.

 

 

HB1865- 79 -LRB102 11814 RLC 17149 b

1    (g-5) If the court issues a 6-month firearms restraining
2order, it shall, upon a finding of probable cause that the
3respondent possesses firearms, issue a search warrant
4directing a law enforcement agency to seize the respondent's
5firearms. The court may, as part of that warrant, direct the
6law enforcement agency to search the respondent's residence
7and other places where the court finds there is probable cause
8to believe he or she is likely to possess the firearms.
9    (h) A 6-month firearms restraining order shall require:
10        (1) the respondent to refrain from having in his or
11    her custody or control, purchasing, possessing, or
12    receiving additional firearms for the duration of the
13    order; and
14        (2) the respondent to turn over to the local law
15    enforcement agency any firearm or Firearm Owner's
16    Identification Card and concealed carry license in his or
17    her possession. The local law enforcement agency shall
18    immediately mail the card and concealed carry license to
19    the Department of State Police Firearm Services Bureau for
20    safekeeping. The firearm or firearms and Firearm Owner's
21    Identification Card and concealed carry license, if
22    unexpired, shall be returned to the respondent after the
23    firearms restraining order is terminated or expired.
24    (i) Except as otherwise provided in subsection (i-5) of
25this Section, upon expiration of the period of safekeeping, if
26the firearms or Firearm Owner's Identification Card cannot be

 

 

HB1865- 80 -LRB102 11814 RLC 17149 b

1returned to the respondent because the respondent cannot be
2located, fails to respond to requests to retrieve the
3firearms, or is not lawfully eligible to possess a firearm,
4upon petition from the local law enforcement agency, the court
5may order the local law enforcement agency to destroy the
6firearms, use the firearms for training purposes, or use the
7firearms for any other application as deemed appropriate by
8the local law enforcement agency.
9    (i-5) A respondent whose firearms have been turned over to
10a local law enforcement agency Firearm Owner's Identification
11Card has been revoked or suspended may petition the court, if
12the petitioner is present in court or has notice of the
13respondent's petition, to transfer the respondent's firearm to
14a person who is lawfully able to possess the firearm if the
15person does not reside at the same address as the respondent.
16Notice of the petition shall be served upon the person
17protected by the emergency firearms restraining order. While
18the order is in effect, the transferee who receives the
19respondent's firearms must swear or affirm by affidavit that
20he or she shall not transfer the firearm to the respondent or
21to anyone residing in the same residence as the respondent.
22    (i-6) If a person other than the respondent claims title
23to any firearms surrendered under this Section, he or she may
24petition the court, if the petitioner is present in court or
25has notice of the petition, to have the firearm returned to him
26or her. If the court determines that person to be the lawful

 

 

HB1865- 81 -LRB102 11814 RLC 17149 b

1owner of the firearm, the firearm shall be returned to him or
2her, provided that:
3        (1) the firearm is removed from the respondent's
4    custody, control, or possession and the lawful owner
5    agrees to store the firearm in a manner such that the
6    respondent does not have access to or control of the
7    firearm; and
8        (2) the firearm is not otherwise unlawfully possessed
9    by the owner.
10    The person petitioning for the return of his or her
11firearm must swear or affirm by affidavit that he or she: (i)
12is the lawful owner of the firearm; (ii) shall not transfer the
13firearm to the respondent; and (iii) will store the firearm in
14a manner that the respondent does not have access to or control
15of the firearm.
16    (j) If the court does not issue a firearms restraining
17order at the hearing, the court shall dissolve any emergency
18firearms restraining order then in effect.
19    (k) When the court issues a firearms restraining order
20under this Section, the court shall inform the respondent that
21he or she is entitled to one hearing during the period of the
22order to request a termination of the order, under Section 45
23of this Act, and shall provide the respondent with a form to
24request a hearing.
25(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 

 

 

HB1865- 82 -LRB102 11814 RLC 17149 b

1    Section 67. The Firearm Dealer License Certification Act
2is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
3follows:
 
4    (430 ILCS 68/5-20)
5    Sec. 5-20. Additional licensee requirements.
6    (a) A certified licensee shall make a photo copy of a
7buyer's or transferee's valid photo identification card
8whenever a firearm sale transaction takes place. The photo
9copy shall be attached to the documentation detailing the
10record of sale.
11    (b) A certified licensee shall post in a conspicuous
12position on the premises where the licensee conducts business
13a sign that contains the following warning in block letters
14not less than one inch in height:
15        "With few exceptions enumerated in the Criminal Code
16    of 2012 Firearm Owners Identification Card Act, it is
17    unlawful for you to:
18            (A) store or leave an unsecured firearm in a place
19        where a child can obtain access to it;
20            (B) sell or transfer your firearm to someone else
21        without receiving approval for the transfer from the
22        Department of State Police, or
23            (C) fail to report the loss or theft of your
24        firearm to local law enforcement within 72 hours.".
25This sign shall be created by the Department and made

 

 

HB1865- 83 -LRB102 11814 RLC 17149 b

1available for printing or downloading from the Department's
2website.
3    (c) No retail location established after the effective
4date of this Act shall be located within 500 feet of any
5school, pre-school, or day care facility in existence at its
6location before the retail location is established as measured
7from the nearest corner of the building holding the retail
8location to the corner of the school, pre-school, or day care
9facility building nearest the retail location at the time the
10retail location seeks licensure.
11(Source: P.A. 100-1178, eff. 1-18-19.)
 
12    (430 ILCS 68/5-25)
13    Sec. 5-25. Exemptions. The provisions of this Act related
14to the certification of a license do not apply to a person or
15entity that engages in the following activities:
16        (1) temporary transfers of firearms solely for use at
17    the location or on the premises where the transfer takes
18    place, such as transfers at a shooting range for use at
19    that location;
20        (2) temporary transfers of firearms solely for use
21    while in the presence of the transferor or transfers for
22    the purposes of firearm safety training by a firearms
23    safety training instructor;
24        (3) transfers of firearms among immediate family or
25    household members, as "immediate family or household

 

 

HB1865- 84 -LRB102 11814 RLC 17149 b

1    member" is defined in Section 3-2.7-10 of the Unified Code
2    of Corrections, provided that both the transferor and
3    transferee are not prohibited from possessing a firearm
4    under federal or State law have a currently valid Firearm
5    Owner's Identification Card; however, this paragraph (3)
6    does not limit the familial gift exemption under paragraph
7    (2) of subsection (a-15) of Section 3 of the Firearm
8    Owners Identification Card Act;
9        (4) transfers by persons or entities acting under
10    operation of law or a court order;
11        (5) transfers by persons or entities liquidating all
12    or part of a collection. For purposes of this paragraph
13    (5), "collection" means 2 or more firearms which are of
14    special interest to collectors by reason of some quality
15    other than is associated with firearms intended for
16    sporting use or as offensive or defensive weapons;
17        (6) transfers of firearms that have been rendered
18    permanently inoperable to a nonprofit historical society,
19    museum, or institutional collection;
20        (7) transfers by a law enforcement or corrections
21    agency or a law enforcement or corrections officer acting
22    within the course and scope of his or her official duties;
23        (8) (blank); transfers to a State or local law
24    enforcement agency by a person who has his or her Firearm
25    Owner's Identification Card revoked;
26        (9) transfers of curios and relics, as defined under

 

 

HB1865- 85 -LRB102 11814 RLC 17149 b

1    federal law, between collectors licensed under subsection
2    (b) of Section 923 of the federal Gun Control Act of 1968;
3        (10) transfers by a person or entity licensed as an
4    auctioneer under the Auction License Act;
5        (10.5) transfers of firearms to a resident registered
6    competitor or attendee or non-resident registered
7    competitor or attendee by a licensed federal firearms
8    dealer under Section 923 of the federal Gun Control Act of
9    1968 at a competitive shooting event held at the World
10    Shooting and Recreational Complex that is sanctioned by a
11    national governing body; or
12        (11) transfers between a pawnshop and a customer which
13    amount to a bailment. For purposes of this paragraph (11),
14    "bailment" means the act of placing property in the
15    custody and control of another, by agreement in which the
16    holder is responsible for the safekeeping and return of
17    the property.
18(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
19    (430 ILCS 68/5-40)
20    Sec. 5-40. Qualifications for operation.
21    (a) Each certified licensee shall submit with each
22application for certification or renewal an affidavit to the
23Department stating that each owner, employee, or other agent
24of the certified licensee who sells or conducts transfers of
25firearms for the certified licensee is at least 21 years of

 

 

HB1865- 86 -LRB102 11814 RLC 17149 b

1age, has a currently valid Firearm Owner's Identification Card
2and, for a renewal, has completed the training required under
3Section 5-30. The affidavit must also contain the name and
4Firearm Owner's Identification Card number of each owner,
5employee, or other agent who sells or conducts transfers of
6firearms for the certified licensee. If an owner, employee, or
7other agent of the certified licensee is not otherwise a
8resident of this State, the certified licensee shall submit an
9affidavit stating that the owner, employee, or other agent has
10undergone a background check and is not prohibited from owning
11or possessing firearms.
12    (b) In addition to the affidavit required under subsection
13(a), within 30 days of a new owner, employee, or other agent
14beginning selling or conducting transfers of firearms for the
15certified licensee, the certified licensee shall submit an
16affidavit to the Department stating the date that the new
17owner, employee, or other agent began selling or conducting
18transfers of firearms for the certified licensee, and
19providing the information required in subsection (a) for that
20new owner, employee, or other agent.
21    (c) If a certified licensee has a license, certificate, or
22permit to sell, lease, transfer, purchase, or possess firearms
23issued by the federal government or the government of any
24state revoked or suspended for good cause within the preceding
254 years, the Department may consider revoking or suspending
26the certified licenses in this State. In making a

 

 

HB1865- 87 -LRB102 11814 RLC 17149 b

1determination of whether or not to revoke or suspend a
2certified license in this State, the Department shall consider
3the number of retail locations the certified licensee or any
4related person or entity operates in this State or in other
5states under the same or different business names, and the
6severity of the infraction in the state in which a license was
7revoked or suspended.
8    (d) Applications and affidavits required under this
9Section are not subject to disclosure by the Department under
10the Freedom of Information Act.
11(Source: P.A. 100-1178, eff. 1-18-19.)
 
12    (430 ILCS 68/5-85)
13    Sec. 5-85. Disciplinary sanctions.
14    (a) For violations of this Act not penalized under Section
155-15, the Department may refuse to renew or restore, or may
16reprimand, place on probation, suspend, revoke, or take other
17disciplinary or non-disciplinary action against any licensee,
18and may impose a fine commensurate with the severity of the
19violation not to exceed $10,000 for each violation for any of
20the following, consistent with the Protection of Lawful
21Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
22        (1) Violations of this Act, or any law applicable to
23    the sale or transfer of firearms.
24        (2) A pattern of practice or other behavior which
25    demonstrates incapacity or incompetency to practice under

 

 

HB1865- 88 -LRB102 11814 RLC 17149 b

1    this Act.
2        (3) Aiding or assisting another person in violating
3    any provision of this Act or rules adopted under this Act.
4        (4) Failing, within 60 days, to provide information in
5    response to a written request made by the Department.
6        (5) Conviction of, plea of guilty to, or plea of nolo
7    contendere to any crime that disqualifies the person from
8    obtaining a firearm valid Firearm Owner's Identification
9    Card.
10        (6) Continued practice, although the person has become
11    unfit to practice due to any of the following:
12            (A) Any circumstance that disqualifies the person
13        from obtaining a firearm valid Firearm Owner's
14        Identification Card or concealed carry license.
15            (B) Habitual or excessive use or abuse of drugs
16        defined in law as controlled substances, alcohol, or
17        any other substance that results in the inability to
18        practice with reasonable judgment, skill, or safety.
19        (7) Receiving, directly or indirectly, compensation
20    for any firearms sold or transferred illegally.
21        (8) Discipline by another United States jurisdiction,
22    foreign nation, or governmental agency, if at least one of
23    the grounds for the discipline is the same or
24    substantially equivalent to those set forth in this Act.
25        (9) Violation of any disciplinary order imposed on a
26    licensee by the Department.

 

 

HB1865- 89 -LRB102 11814 RLC 17149 b

1        (10) A finding by the Department that the licensee,
2    after having his or her certified license placed on
3    probationary status, has violated the terms of probation.
4        (11) A fraudulent or material misstatement in the
5    completion of an affirmative obligation or inquiry by law
6    enforcement.
7    (b) All fines imposed under this Section shall be paid
8within 90 days after the effective date of the final order
9imposing the fine.
10(Source: P.A. 100-1178, eff. 1-18-19.)
 
11    Section 70. The Wildlife Code is amended by changing
12Sections 3.2 and 3.2a as follows:
 
13    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
14    Sec. 3.2. Hunting license; application; instruction.
15Before the Department or any county, city, village, township,
16incorporated town clerk or his duly designated agent or any
17other person authorized or designated by the Department to
18issue hunting licenses shall issue a hunting license to any
19person, the person shall file his application with the
20Department or other party authorized to issue licenses on a
21form provided by the Department and further give definite
22proof of identity and place of legal residence. Each clerk
23designating agents to issue licenses and stamps shall furnish
24the Department, within 10 days following the appointment, the

 

 

HB1865- 90 -LRB102 11814 RLC 17149 b

1names and mailing addresses of the agents. Each clerk or his
2duly designated agent shall be authorized to sell licenses and
3stamps only within the territorial area for which he was
4elected or appointed. No duly designated agent is authorized
5to furnish licenses or stamps for issuance by any other
6business establishment. Each application shall be executed and
7sworn to and shall set forth the name and description of the
8applicant and place of residence.
9    No hunting license shall be issued to any person born on or
10after January 1, 1980 unless he presents the person authorized
11to issue the license evidence that he has held a hunting
12license issued by the State of Illinois or another state in a
13prior year, or a certificate of competency as provided in this
14Section. Persons under 18 years of age may be issued a Lifetime
15Hunting or Sportsmen's Combination License as provided under
16Section 20-45 of the Fish and Aquatic Life Code but shall not
17be entitled to hunt alone, without the supervision of an adult
18age 21 or older, unless they have a certificate of competency
19as provided in this Section and the certificate is in their
20possession while hunting.
21    The Department of Natural Resources shall authorize
22personnel of the Department or certified volunteer instructors
23to conduct courses, of not less than 10 hours in length, in
24firearms and hunter safety, which may include training in bow
25and arrow safety, at regularly specified intervals throughout
26the State. Persons successfully completing the course shall

 

 

HB1865- 91 -LRB102 11814 RLC 17149 b

1receive a certificate of competency. The Department of Natural
2Resources may further cooperate with any reputable association
3or organization in establishing courses if the organization
4has as one of its objectives the promotion of safety in the
5handling of firearms or bow and arrow.
6    The Department of Natural Resources shall designate any
7person found by it to be competent to give instruction in the
8handling of firearms, hunter safety, and bow and arrow. The
9persons so appointed shall give the course of instruction and
10upon the successful completion shall issue to the person
11instructed a certificate of competency in the safe handling of
12firearms, hunter safety, and bow and arrow. No charge shall be
13made for any course of instruction except for materials or
14ammunition consumed. The Department of Natural Resources shall
15furnish information on the requirements of hunter safety
16education programs to be distributed free of charge to
17applicants for hunting licenses by the persons appointed and
18authorized to issue licenses. Funds for the conducting of
19firearms and hunter safety courses shall be taken from the fee
20charged for the Firearm Owners Identification Card.
21    The fee for a hunting license to hunt all species for a
22resident of Illinois is $12. For residents age 65 or older,
23and, commencing with the 2012 license year, resident veterans
24of the United States Armed Forces after returning from service
25abroad or mobilization by the President of the United States,
26the fee is one-half of the fee charged for a hunting license to

 

 

HB1865- 92 -LRB102 11814 RLC 17149 b

1hunt all species for a resident of Illinois. Veterans must
2provide to the Department, at one of the Department's 5
3regional offices, verification of their service. The
4Department shall establish what constitutes suitable
5verification of service for the purpose of issuing resident
6veterans hunting licenses at a reduced fee. The fee for a
7hunting license to hunt all species shall be $1 for residents
8over 75 years of age. Nonresidents shall be charged $57 for a
9hunting license.
10    Nonresidents may be issued a nonresident hunting license
11for a period not to exceed 10 consecutive days' hunting in the
12State and shall be charged a fee of $35.
13    A special nonresident hunting license authorizing a
14nonresident to take game birds by hunting on a game breeding
15and hunting preserve area only, established under Section
163.27, shall be issued upon proper application being made and
17payment of a fee equal to that for a resident hunting license.
18The expiration date of this license shall be on the same date
19each year that game breeding and hunting preserve area
20licenses expire.
21    Each applicant for a State Migratory Waterfowl Stamp,
22regardless of his residence or other condition, shall pay a
23fee of $15 and shall receive a stamp. The fee for a State
24Migratory Waterfowl Stamp shall be waived for residents over
2575 years of age. Except as provided under Section 20-45 of the
26Fish and Aquatic Life Code, the stamp shall be signed by the

 

 

HB1865- 93 -LRB102 11814 RLC 17149 b

1person or affixed to his license or permit in a space
2designated by the Department for that purpose.
3    Each applicant for a State Habitat Stamp, regardless of
4his residence or other condition, shall pay a fee of $5 and
5shall receive a stamp. The fee for a State Habitat Stamp shall
6be waived for residents over 75 years of age. Except as
7provided under Section 20-45 of the Fish and Aquatic Life
8Code, the stamp shall be signed by the person or affixed to his
9license or permit in a space designated by the Department for
10that purpose.
11    Nothing in this Section shall be construed as to require
12the purchase of more than one State Habitat Stamp by any person
13in any one license year.
14    The fees for State Pheasant Stamps and State Furbearer
15Stamps shall be waived for residents over 75 years of age.
16    The Department shall furnish the holders of hunting
17licenses and stamps with an insignia as evidence of possession
18of license, or license and stamp, as the Department may
19consider advisable. The insignia shall be exhibited and used
20as the Department may order.
21    All other hunting licenses and all State stamps shall
22expire upon March 31 of each year.
23    Every person holding any license, permit, or stamp issued
24under the provisions of this Act shall have it in his
25possession for immediate presentation for inspection to the
26officers and authorized employees of the Department, any

 

 

HB1865- 94 -LRB102 11814 RLC 17149 b

1sheriff, deputy sheriff, or any other peace officer making a
2demand for it. This provision shall not apply to Department
3owned or managed sites where it is required that all hunters
4deposit their license or , permit, or Firearm Owner's
5Identification Card at the check station upon entering the
6hunting areas.
7(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
8    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
9    Sec. 3.2a. Every person holding any license, permit or
10stamp issued under the provisions hereof shall have it in his
11possession for immediate presentation for inspection to the
12officers and authorized employees of the Department, any
13sheriff, deputy sheriff or any other peace officer making a
14demand for it. This provision shall not apply to Department
15owned or managed sites where it is required that all hunters
16deposit their license or , permit or Firearm Owner's
17Identification Card at the check station upon entering the
18hunting areas.
19(Source: P.A. 85-152.)
 
20    Section 75. The Criminal Code of 2012 is amended by
21changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2224-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
2324-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
24follows:
 

 

 

HB1865- 95 -LRB102 11814 RLC 17149 b

1    (720 ILCS 5/2-7.1)
2    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
3"Firearm "Firearm" and "firearm ammunition" means any
4self-contained cartridge or shotgun shell, by whatever name
5known, which is designed to be used or adaptable to use in a
6firearm; excluding, however:
7    (1) any ammunition exclusively designed for use with a
8device used exclusively for signaling or safety and required
9or recommended by the United States Coast Guard or the
10Interstate Commerce Commission; and
11    (2) any ammunition designed exclusively for use with a
12stud or rivet driver or other similar industrial ammunition
13have the meanings ascribed to them in Section 1.1 of the
14Firearm Owners Identification Card Act.
15(Source: P.A. 91-544, eff. 1-1-00.)
 
16    (720 ILCS 5/2-7.5)
17    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
18specific Section, "firearm" means any device, by whatever name
19known, which is designed to expel a projectile or projectiles
20by the action of an explosion, expansion of gas or escape of
21gas; excluding, however:
22    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
23gun which expels a single globular projectile not exceeding
24.18 inch in diameter or which has a maximum muzzle velocity of

 

 

HB1865- 96 -LRB102 11814 RLC 17149 b

1less than 700 feet per second;
2    (1.1) any pneumatic gun, spring gun, paint ball gun, or
3B-B gun which expels breakable paint balls containing washable
4marking colors;
5    (2) any device used exclusively for signaling or safety
6and required or recommended by the United States Coast Guard
7or the Interstate Commerce Commission;
8    (3) any device used exclusively for the firing of stud
9cartridges, explosive rivets, or similar industrial
10ammunition; and
11    (4) an antique firearm (other than a machine-gun) which,
12although designed as a weapon, the Department of State Police
13finds by reason of the date of its manufacture, value, design,
14and other characteristics is primarily a collector's item and
15is not likely to be used as a weapon has the meaning ascribed
16to it in Section 1.1 of the Firearm Owners Identification Card
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
20    Sec. 12-3.05. Aggravated battery.
21    (a) Offense based on injury. A person commits aggravated
22battery when, in committing a battery, other than by the
23discharge of a firearm, he or she knowingly does any of the
24following:
25        (1) Causes great bodily harm or permanent disability

 

 

HB1865- 97 -LRB102 11814 RLC 17149 b

1    or disfigurement.
2        (2) Causes severe and permanent disability, great
3    bodily harm, or disfigurement by means of a caustic or
4    flammable substance, a poisonous gas, a deadly biological
5    or chemical contaminant or agent, a radioactive substance,
6    or a bomb or explosive compound.
7        (3) Causes great bodily harm or permanent disability
8    or disfigurement to an individual whom the person knows to
9    be a peace officer, community policing volunteer, fireman,
10    private security officer, correctional institution
11    employee, or Department of Human Services employee
12    supervising or controlling sexually dangerous persons or
13    sexually violent persons:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (4) Causes great bodily harm or permanent disability
20    or disfigurement to an individual 60 years of age or
21    older.
22        (5) Strangles another individual.
23    (b) Offense based on injury to a child or person with an
24intellectual disability. A person who is at least 18 years of
25age commits aggravated battery when, in committing a battery,
26he or she knowingly and without legal justification by any

 

 

HB1865- 98 -LRB102 11814 RLC 17149 b

1means:
2        (1) causes great bodily harm or permanent disability
3    or disfigurement to any child under the age of 13 years, or
4    to any person with a severe or profound intellectual
5    disability; or
6        (2) causes bodily harm or disability or disfigurement
7    to any child under the age of 13 years or to any person
8    with a severe or profound intellectual disability.
9    (c) Offense based on location of conduct. A person commits
10aggravated battery when, in committing a battery, other than
11by the discharge of a firearm, he or she is or the person
12battered is on or about a public way, public property, a public
13place of accommodation or amusement, a sports venue, or a
14domestic violence shelter, or in a church, synagogue, mosque,
15or other building, structure, or place used for religious
16worship.
17    (d) Offense based on status of victim. A person commits
18aggravated battery when, in committing a battery, other than
19by discharge of a firearm, he or she knows the individual
20battered to be any of the following:
21        (1) A person 60 years of age or older.
22        (2) A person who is pregnant or has a physical
23    disability.
24        (3) A teacher or school employee upon school grounds
25    or grounds adjacent to a school or in any part of a
26    building used for school purposes.

 

 

HB1865- 99 -LRB102 11814 RLC 17149 b

1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, correctional
3    institution employee, or Department of Human Services
4    employee supervising or controlling sexually dangerous
5    persons or sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (5) A judge, emergency management worker, emergency
12    medical services personnel, or utility worker:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (6) An officer or employee of the State of Illinois, a
19    unit of local government, or a school district, while
20    performing his or her official duties.
21        (7) A transit employee performing his or her official
22    duties, or a transit passenger.
23        (8) A taxi driver on duty.
24        (9) A merchant who detains the person for an alleged
25    commission of retail theft under Section 16-26 of this
26    Code and the person without legal justification by any

 

 

HB1865- 100 -LRB102 11814 RLC 17149 b

1    means causes bodily harm to the merchant.
2        (10) A person authorized to serve process under
3    Section 2-202 of the Code of Civil Procedure or a special
4    process server appointed by the circuit court while that
5    individual is in the performance of his or her duties as a
6    process server.
7        (11) A nurse while in the performance of his or her
8    duties as a nurse.
9        (12) A merchant: (i) while performing his or her
10    duties, including, but not limited to, relaying directions
11    for healthcare or safety from his or her supervisor or
12    employer or relaying health or safety guidelines,
13    recommendations, regulations, or rules from a federal,
14    State, or local public health agency; and (ii) during a
15    disaster declared by the Governor, or a state of emergency
16    declared by the mayor of the municipality in which the
17    merchant is located, due to a public health emergency and
18    for a period of 6 months after such declaration.
19    (e) Offense based on use of a firearm. A person commits
20aggravated battery when, in committing a battery, he or she
21knowingly does any of the following:
22        (1) Discharges a firearm, other than a machine gun or
23    a firearm equipped with a silencer, and causes any injury
24    to another person.
25        (2) Discharges a firearm, other than a machine gun or
26    a firearm equipped with a silencer, and causes any injury

 

 

HB1865- 101 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 102 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 103 -LRB102 11814 RLC 17149 b

1commits aggravated battery when, in committing a battery, he
2or she does any of the following:
3        (1) Uses a deadly weapon other than by discharge of a
4    firearm, or uses an air rifle as defined in Section
5    24.8-0.1 of this Code.
6        (2) Wears a hood, robe, or mask to conceal his or her
7    identity.
8        (3) Knowingly and without lawful justification shines
9    or flashes a laser gunsight or other laser device attached
10    to a firearm, or used in concert with a firearm, so that
11    the laser beam strikes upon or against the person of
12    another.
13        (4) Knowingly video or audio records the offense with
14    the intent to disseminate the recording.
15    (g) Offense based on certain conduct. A person commits
16aggravated battery when, other than by discharge of a firearm,
17he or she does any of the following:
18        (1) Violates Section 401 of the Illinois Controlled
19    Substances Act by unlawfully delivering a controlled
20    substance to another and any user experiences great bodily
21    harm or permanent disability as a result of the injection,
22    inhalation, or ingestion of any amount of the controlled
23    substance.
24        (2) Knowingly administers to an individual or causes
25    him or her to take, without his or her consent or by threat
26    or deception, and for other than medical purposes, any

 

 

HB1865- 104 -LRB102 11814 RLC 17149 b

1    intoxicating, poisonous, stupefying, narcotic,
2    anesthetic, or controlled substance, or gives to another
3    person any food containing any substance or object
4    intended to cause physical injury if eaten.
5        (3) Knowingly causes or attempts to cause a
6    correctional institution employee or Department of Human
7    Services employee to come into contact with blood, seminal
8    fluid, urine, or feces by throwing, tossing, or expelling
9    the fluid or material, and the person is an inmate of a
10    penal institution or is a sexually dangerous person or
11    sexually violent person in the custody of the Department
12    of Human Services.
13    (h) Sentence. Unless otherwise provided, aggravated
14battery is a Class 3 felony.
15    Aggravated battery as defined in subdivision (a)(4),
16(d)(4), or (g)(3) is a Class 2 felony.
17    Aggravated battery as defined in subdivision (a)(3) or
18(g)(1) is a Class 1 felony.
19    Aggravated battery as defined in subdivision (a)(1) is a
20Class 1 felony when the aggravated battery was intentional and
21involved the infliction of torture, as defined in paragraph
22(14) of subsection (b) of Section 9-1 of this Code, as the
23infliction of or subjection to extreme physical pain,
24motivated by an intent to increase or prolong the pain,
25suffering, or agony of the victim.
26    Aggravated battery as defined in subdivision (a)(1) is a

 

 

HB1865- 105 -LRB102 11814 RLC 17149 b

1Class 2 felony when the person causes great bodily harm or
2permanent disability to an individual whom the person knows to
3be a member of a congregation engaged in prayer or other
4religious activities at a church, synagogue, mosque, or other
5building, structure, or place used for religious worship.
6    Aggravated battery under subdivision (a)(5) is a Class 1
7felony if:
8        (A) the person used or attempted to use a dangerous
9    instrument while committing the offense;
10        (B) the person caused great bodily harm or permanent
11    disability or disfigurement to the other person while
12    committing the offense; or
13        (C) the person has been previously convicted of a
14    violation of subdivision (a)(5) under the laws of this
15    State or laws similar to subdivision (a)(5) of any other
16    state.
17    Aggravated battery as defined in subdivision (e)(1) is a
18Class X felony.
19    Aggravated battery as defined in subdivision (a)(2) is a
20Class X felony for which a person shall be sentenced to a term
21of imprisonment of a minimum of 6 years and a maximum of 45
22years.
23    Aggravated battery as defined in subdivision (e)(5) is a
24Class X felony for which a person shall be sentenced to a term
25of imprisonment of a minimum of 12 years and a maximum of 45
26years.

 

 

HB1865- 106 -LRB102 11814 RLC 17149 b

1    Aggravated battery as defined in subdivision (e)(2),
2(e)(3), or (e)(4) is a Class X felony for which a person shall
3be sentenced to a term of imprisonment of a minimum of 15 years
4and a maximum of 60 years.
5    Aggravated battery as defined in subdivision (e)(6),
6(e)(7), or (e)(8) is a Class X felony for which a person shall
7be sentenced to a term of imprisonment of a minimum of 20 years
8and a maximum of 60 years.
9    Aggravated battery as defined in subdivision (b)(1) is a
10Class X felony, except that:
11        (1) if the person committed the offense while armed
12    with a firearm, 15 years shall be added to the term of
13    imprisonment imposed by the court;
14        (2) if, during the commission of the offense, the
15    person personally discharged a firearm, 20 years shall be
16    added to the term of imprisonment imposed by the court;
17        (3) if, during the commission of the offense, the
18    person personally discharged a firearm that proximately
19    caused great bodily harm, permanent disability, permanent
20    disfigurement, or death to another person, 25 years or up
21    to a term of natural life shall be added to the term of
22    imprisonment imposed by the court.
23    (i) Definitions. In this Section:
24    "Building or other structure used to provide shelter" has
25the meaning ascribed to "shelter" in Section 1 of the Domestic
26Violence Shelters Act.

 

 

HB1865- 107 -LRB102 11814 RLC 17149 b

1    "Domestic violence" has the meaning ascribed to it in
2Section 103 of the Illinois Domestic Violence Act of 1986.
3    "Domestic violence shelter" means any building or other
4structure used to provide shelter or other services to victims
5or to the dependent children of victims of domestic violence
6pursuant to the Illinois Domestic Violence Act of 1986 or the
7Domestic Violence Shelters Act, or any place within 500 feet
8of such a building or other structure in the case of a person
9who is going to or from such a building or other structure.
10    "Firearm" has the meaning provided under Section 2-7.5 of
11this Code 1.1 of the Firearm Owners Identification Card Act,
12and does not include an air rifle as defined by Section
1324.8-0.1 of this Code.
14    "Machine gun" has the meaning ascribed to it in Section
1524-1 of this Code.
16    "Merchant" has the meaning ascribed to it in Section
1716-0.1 of this Code.
18    "Strangle" means intentionally impeding the normal
19breathing or circulation of the blood of an individual by
20applying pressure on the throat or neck of that individual or
21by blocking the nose or mouth of that individual.
22(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
23    (720 ILCS 5/16-0.1)
24    Sec. 16-0.1. Definitions. In this Article, unless the
25context clearly requires otherwise, the following terms are

 

 

HB1865- 108 -LRB102 11814 RLC 17149 b

1defined as indicated:
2    "Access" means to use, instruct, communicate with, store
3data in, retrieve or intercept data from, or otherwise utilize
4any services of a computer.
5    "Coin-operated machine" includes any automatic vending
6machine or any part thereof, parking meter, coin telephone,
7coin-operated transit turnstile, transit fare box, coin
8laundry machine, coin dry cleaning machine, amusement machine,
9music machine, vending machine dispensing goods or services,
10or money changer.
11    "Communication device" means any type of instrument,
12device, machine, or equipment which is capable of
13transmitting, acquiring, decrypting, or receiving any
14telephonic, electronic, data, Internet access, audio, video,
15microwave, or radio transmissions, signals, communications, or
16services, including the receipt, acquisition, transmission, or
17decryption of all such communications, transmissions, signals,
18or services provided by or through any cable television, fiber
19optic, telephone, satellite, microwave, radio, Internet-based,
20data transmission, or wireless distribution network, system or
21facility; or any part, accessory, or component thereof,
22including any computer circuit, security module, smart card,
23software, computer chip, electronic mechanism or other
24component, accessory or part of any communication device which
25is capable of facilitating the transmission, decryption,
26acquisition or reception of all such communications,

 

 

HB1865- 109 -LRB102 11814 RLC 17149 b

1transmissions, signals, or services.
2    "Communication service" means any service lawfully
3provided for a charge or compensation to facilitate the lawful
4origination, transmission, emission, or reception of signs,
5signals, data, writings, images, and sounds or intelligence of
6any nature by telephone, including cellular telephones or a
7wire, wireless, radio, electromagnetic, photo-electronic or
8photo-optical system; and also any service lawfully provided
9by any radio, telephone, cable television, fiber optic,
10satellite, microwave, Internet-based or wireless distribution
11network, system, facility or technology, including, but not
12limited to, any and all electronic, data, video, audio,
13Internet access, telephonic, microwave and radio
14communications, transmissions, signals and services, and any
15such communications, transmissions, signals and services
16lawfully provided directly or indirectly by or through any of
17those networks, systems, facilities or technologies.
18    "Communication service provider" means: (1) any person or
19entity providing any communication service, whether directly
20or indirectly, as a reseller, including, but not limited to, a
21cellular, paging or other wireless communications company or
22other person or entity which, for a fee, supplies the
23facility, cell site, mobile telephone switching office or
24other equipment or communication service; (2) any person or
25entity owning or operating any cable television, fiber optic,
26satellite, telephone, wireless, microwave, radio, data

 

 

HB1865- 110 -LRB102 11814 RLC 17149 b

1transmission or Internet-based distribution network, system or
2facility; and (3) any person or entity providing any
3communication service directly or indirectly by or through any
4such distribution system, network or facility.
5    "Computer" means a device that accepts, processes, stores,
6retrieves or outputs data, and includes but is not limited to
7auxiliary storage and telecommunications devices connected to
8computers.
9    "Continuing course of conduct" means a series of acts, and
10the accompanying mental state necessary for the crime in
11question, irrespective of whether the series of acts are
12continuous or intermittent.
13    "Delivery container" means any bakery basket of wire or
14plastic used to transport or store bread or bakery products,
15any dairy case of wire or plastic used to transport or store
16dairy products, and any dolly or cart of 2 or 4 wheels used to
17transport or store any bakery or dairy product.
18    "Document-making implement" means any implement,
19impression, template, computer file, computer disc, electronic
20device, computer hardware, computer software, instrument, or
21device that is used to make a real or fictitious or fraudulent
22personal identification document.
23    "Financial transaction device" means any of the following:
24        (1) An electronic funds transfer card.
25        (2) A credit card.
26        (3) A debit card.

 

 

HB1865- 111 -LRB102 11814 RLC 17149 b

1        (4) A point-of-sale card.
2        (5) Any instrument, device, card, plate, code, account
3    number, personal identification number, or a record or
4    copy of a code, account number, or personal identification
5    number or other means of access to a credit account or
6    deposit account, or a driver's license or State
7    identification card used to access a proprietary account,
8    other than access originated solely by a paper instrument,
9    that can be used alone or in conjunction with another
10    access device, for any of the following purposes:
11            (A) Obtaining money, cash refund or credit
12        account, credit, goods, services, or any other thing
13        of value.
14            (B) Certifying or guaranteeing to a person or
15        business the availability to the device holder of
16        funds on deposit to honor a draft or check payable to
17        the order of that person or business.
18            (C) Providing the device holder access to a
19        deposit account for the purpose of making deposits,
20        withdrawing funds, transferring funds between deposit
21        accounts, obtaining information pertaining to a
22        deposit account, or making an electronic funds
23        transfer.
24    "Full retail value" means the merchant's stated or
25advertised price of the merchandise. "Full retail value"
26includes the aggregate value of property obtained from retail

 

 

HB1865- 112 -LRB102 11814 RLC 17149 b

1thefts committed by the same person as part of a continuing
2course of conduct from one or more mercantile establishments
3in a single transaction or in separate transactions over a
4period of one year.
5    "Internet" means an interactive computer service or system
6or an information service, system, or access software provider
7that provides or enables computer access by multiple users to
8a computer server, and includes, but is not limited to, an
9information service, system, or access software provider that
10provides access to a network system commonly known as the
11Internet, or any comparable system or service and also
12includes, but is not limited to, a World Wide Web page,
13newsgroup, message board, mailing list, or chat area on any
14interactive computer service or system or other online
15service.
16    "Library card" means a card or plate issued by a library
17facility for purposes of identifying the person to whom the
18library card was issued as authorized to borrow library
19material, subject to all limitations and conditions imposed on
20the borrowing by the library facility issuing such card.
21    "Library facility" includes any public library or museum,
22or any library or museum of an educational, historical or
23eleemosynary institution, organization or society.
24    "Library material" includes any book, plate, picture,
25photograph, engraving, painting, sculpture, statue, artifact,
26drawing, map, newspaper, pamphlet, broadside, magazine,

 

 

HB1865- 113 -LRB102 11814 RLC 17149 b

1manuscript, document, letter, microfilm, sound recording,
2audiovisual material, magnetic or other tape, electronic data
3processing record or other documentary, written or printed
4material regardless of physical form or characteristics, or
5any part thereof, belonging to, or on loan to or otherwise in
6the custody of a library facility.
7    "Manufacture or assembly of an unlawful access device"
8means to make, produce or assemble an unlawful access device
9or to modify, alter, program or re-program any instrument,
10device, machine, equipment or software so that it is capable
11of defeating or circumventing any technology, device or
12software used by the provider, owner or licensee of a
13communication service or of any data, audio or video programs
14or transmissions to protect any such communication, data,
15audio or video services, programs or transmissions from
16unauthorized access, acquisition, disclosure, receipt,
17decryption, communication, transmission or re-transmission.
18    "Manufacture or assembly of an unlawful communication
19device" means to make, produce or assemble an unlawful
20communication or wireless device or to modify, alter, program
21or reprogram a communication or wireless device to be capable
22of acquiring, disrupting, receiving, transmitting, decrypting,
23or facilitating the acquisition, disruption, receipt,
24transmission or decryption of, a communication service without
25the express consent or express authorization of the
26communication service provider, or to knowingly assist others

 

 

HB1865- 114 -LRB102 11814 RLC 17149 b

1in those activities.
2    "Master sound recording" means the original physical
3object on which a given set of sounds were first recorded and
4which the original object from which all subsequent sound
5recordings embodying the same set of sounds are directly or
6indirectly derived.
7    "Merchandise" means any item of tangible personal
8property, including motor fuel.
9    "Merchant" means an owner or operator of any retail
10mercantile establishment or any agent, employee, lessee,
11consignee, officer, director, franchisee, or independent
12contractor of the owner or operator. "Merchant" also means a
13person who receives from an authorized user of a payment card,
14or someone the person believes to be an authorized user, a
15payment card or information from a payment card, or what the
16person believes to be a payment card or information from a
17payment card, as the instrument for obtaining, purchasing or
18receiving goods, services, money, or anything else of value
19from the person.
20    "Motor fuel" means a liquid, regardless of its properties,
21used to propel a vehicle, including gasoline and diesel.
22    "Online" means the use of any electronic or wireless
23device to access the Internet.
24    "Payment card" means a credit card, charge card, debit
25card, or any other card that is issued to an authorized card
26user and that allows the user to obtain, purchase, or receive

 

 

HB1865- 115 -LRB102 11814 RLC 17149 b

1goods, services, money, or anything else of value from a
2merchant.
3    "Person with a disability" means a person who suffers from
4a physical or mental impairment resulting from disease,
5injury, functional disorder or congenital condition that
6impairs the individual's mental or physical ability to
7independently manage his or her property or financial
8resources, or both.
9    "Personal identification document" means a birth
10certificate, a driver's license, a State identification card,
11a public, government, or private employment identification
12card, a social security card, a license issued under the
13Firearm Concealed Carry Act firearm owner's identification
14card, a credit card, a debit card, or a passport issued to or
15on behalf of a person other than the offender, or any document
16made or issued, or falsely purported to have been made or
17issued, by or under the authority of the United States
18Government, the State of Illinois, or any other state
19political subdivision of any state, or any other governmental
20or quasi-governmental organization that is of a type intended
21for the purpose of identification of an individual, or any
22such document made or altered in a manner that it falsely
23purports to have been made on behalf of or issued to another
24person or by the authority of one who did not give that
25authority.
26    "Personal identifying information" means any of the

 

 

HB1865- 116 -LRB102 11814 RLC 17149 b

1following information:
2        (1) A person's name.
3        (2) A person's address.
4        (3) A person's date of birth.
5        (4) A person's telephone number.
6        (5) A person's driver's license number or State of
7    Illinois identification card as assigned by the Secretary
8    of State of the State of Illinois or a similar agency of
9    another state.
10        (6) A person's social security number.
11        (7) A person's public, private, or government
12    employer, place of employment, or employment
13    identification number.
14        (8) The maiden name of a person's mother.
15        (9) The number assigned to a person's depository
16    account, savings account, or brokerage account.
17        (10) The number assigned to a person's credit or debit
18    card, commonly known as a "Visa Card", "MasterCard",
19    "American Express Card", "Discover Card", or other similar
20    cards whether issued by a financial institution,
21    corporation, or business entity.
22        (11) Personal identification numbers.
23        (12) Electronic identification numbers.
24        (13) Digital signals.
25        (14) User names, passwords, and any other word,
26    number, character or combination of the same usable in

 

 

HB1865- 117 -LRB102 11814 RLC 17149 b

1    whole or part to access information relating to a specific
2    individual, or to the actions taken, communications made
3    or received, or other activities or transactions of a
4    specific individual.
5        (15) Any other numbers or information which can be
6    used to access a person's financial resources, or to
7    identify a specific individual, or the actions taken,
8    communications made or received, or other activities or
9    transactions of a specific individual.
10    "Premises of a retail mercantile establishment" includes,
11but is not limited to, the retail mercantile establishment;
12any common use areas in shopping centers; and all parking
13areas set aside by a merchant or on behalf of a merchant for
14the parking of vehicles for the convenience of the patrons of
15such retail mercantile establishment.
16    "Public water, gas, or power supply, or other public
17services" mean any service subject to regulation by the
18Illinois Commerce Commission; any service furnished by a
19public utility that is owned and operated by any political
20subdivision, public institution of higher education or
21municipal corporation of this State; any service furnished by
22any public utility that is owned by such political
23subdivision, public institution of higher education, or
24municipal corporation and operated by any of its lessees or
25operating agents; any service furnished by an electric
26cooperative as defined in Section 3.4 of the Electric Supplier

 

 

HB1865- 118 -LRB102 11814 RLC 17149 b

1Act; or wireless service or other service regulated by the
2Federal Communications Commission.
3    "Publish" means to communicate or disseminate information
4to any one or more persons, either orally, in person, or by
5telephone, radio or television or in writing of any kind,
6including, without limitation, a letter or memorandum,
7circular or handbill, newspaper or magazine article or book.
8    "Radio frequency identification device" means any
9implement, computer file, computer disc, electronic device,
10computer hardware, computer software, or instrument that is
11used to activate, read, receive, or decode information stored
12on a RFID tag or transponder attached to a personal
13identification document.
14    "RFID tag or transponder" means a chip or device that
15contains personal identifying information from which the
16personal identifying information can be read or decoded by
17another device emitting a radio frequency that activates or
18powers a radio frequency emission response from the chip or
19transponder.
20    "Reencoder" means an electronic device that places encoded
21information from the magnetic strip or stripe of a payment
22card onto the magnetic strip or stripe of a different payment
23card.
24    "Retail mercantile establishment" means any place where
25merchandise is displayed, held, stored or offered for sale to
26the public.

 

 

HB1865- 119 -LRB102 11814 RLC 17149 b

1    "Scanning device" means a scanner, reader, or any other
2electronic device that is used to access, read, scan, obtain,
3memorize, or store, temporarily or permanently, information
4encoded on the magnetic strip or stripe of a payment card.
5    "Shopping cart" means those push carts of the type or
6types which are commonly provided by grocery stores, drug
7stores or other retail mercantile establishments for the use
8of the public in transporting commodities in stores and
9markets and, incidentally, from the stores to a place outside
10the store.
11    "Sound or audio visual recording" means any sound or audio
12visual phonograph record, disc, pre-recorded tape, film, wire,
13magnetic tape or other object, device or medium, now known or
14hereafter invented, by which sounds or images may be
15reproduced with or without the use of any additional machine,
16equipment or device.
17    "Theft detection device remover" means any tool or device
18specifically designed and intended to be used to remove any
19theft detection device from any merchandise.
20    "Under-ring" means to cause the cash register or other
21sales recording device to reflect less than the full retail
22value of the merchandise.
23    "Unidentified sound or audio visual recording" means a
24sound or audio visual recording without the actual name and
25full and correct street address of the manufacturer, and the
26name of the actual performers or groups prominently and

 

 

HB1865- 120 -LRB102 11814 RLC 17149 b

1legibly printed on the outside cover or jacket and on the label
2of such sound or audio visual recording.
3    "Unlawful access device" means any type of instrument,
4device, machine, equipment, technology, or software which is
5primarily possessed, used, designed, assembled, manufactured,
6sold, distributed or offered, promoted or advertised for the
7purpose of defeating or circumventing any technology, device
8or software, or any component or part thereof, used by the
9provider, owner or licensee of any communication service or of
10any data, audio or video programs or transmissions to protect
11any such communication, audio or video services, programs or
12transmissions from unauthorized access, acquisition, receipt,
13decryption, disclosure, communication, transmission or
14re-transmission.
15    "Unlawful communication device" means any electronic
16serial number, mobile identification number, personal
17identification number or any communication or wireless device
18that is capable of acquiring or facilitating the acquisition
19of a communication service without the express consent or
20express authorization of the communication service provider,
21or that has been altered, modified, programmed or
22reprogrammed, alone or in conjunction with another
23communication or wireless device or other equipment, to so
24acquire or facilitate the unauthorized acquisition of a
25communication service. "Unlawful communication device" also
26means:

 

 

HB1865- 121 -LRB102 11814 RLC 17149 b

1        (1) any phone altered to obtain service without the
2    express consent or express authorization of the
3    communication service provider, tumbler phone, counterfeit
4    or clone phone, tumbler microchip, counterfeit or clone
5    microchip, scanning receiver of wireless communication
6    service or other instrument capable of disguising its
7    identity or location or of gaining unauthorized access to
8    a communications or wireless system operated by a
9    communication service provider; and
10        (2) any communication or wireless device which is
11    capable of, or has been altered, designed, modified,
12    programmed or reprogrammed, alone or in conjunction with
13    another communication or wireless device or devices, so as
14    to be capable of, facilitating the disruption,
15    acquisition, receipt, transmission or decryption of a
16    communication service without the express consent or
17    express authorization of the communication service
18    provider, including, but not limited to, any device,
19    technology, product, service, equipment, computer software
20    or component or part thereof, primarily distributed, sold,
21    designed, assembled, manufactured, modified, programmed,
22    reprogrammed or used for the purpose of providing the
23    unauthorized receipt of, transmission of, disruption of,
24    decryption of, access to or acquisition of any
25    communication service provided by any communication
26    service provider.

 

 

HB1865- 122 -LRB102 11814 RLC 17149 b

1    "Vehicle" means a motor vehicle, motorcycle, or farm
2implement that is self-propelled and that uses motor fuel for
3propulsion.
4    "Wireless device" includes any type of instrument, device,
5machine, or equipment that is capable of transmitting or
6receiving telephonic, electronic or radio communications, or
7any part of such instrument, device, machine, or equipment, or
8any computer circuit, computer chip, electronic mechanism, or
9other component that is capable of facilitating the
10transmission or reception of telephonic, electronic, or radio
11communications.
12(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
131-1-12; 97-1109, eff. 1-1-13.)
 
14    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
15    Sec. 17-30. Defaced, altered, or removed manufacturer or
16owner identification number.
17    (a) Unlawful sale of household appliances. A person
18commits unlawful sale of household appliances when he or she
19knowingly, with the intent to defraud or deceive another,
20keeps for sale, within any commercial context, any household
21appliance with a missing, defaced, obliterated, or otherwise
22altered manufacturer's identification number.
23    (b) Construction equipment identification defacement. A
24person commits construction equipment identification
25defacement when he or she knowingly changes, alters, removes,

 

 

HB1865- 123 -LRB102 11814 RLC 17149 b

1mutilates, or obliterates a permanently affixed serial number,
2product identification number, part number, component
3identification number, owner-applied identification, or other
4mark of identification attached to or stamped, inscribed,
5molded, or etched into a machine or other equipment, whether
6stationary or mobile or self-propelled, or a part of such
7machine or equipment, used in the construction, maintenance,
8or demolition of buildings, structures, bridges, tunnels,
9sewers, utility pipes or lines, ditches or open cuts, roads,
10highways, dams, airports, or waterways or in material handling
11for such projects.
12    The trier of fact may infer that the defendant has
13knowingly changed, altered, removed, or obliterated the serial
14number, product identification number, part number, component
15identification number, owner-applied identification number, or
16other mark of identification, if the defendant was in
17possession of any machine or other equipment or a part of such
18machine or equipment used in the construction, maintenance, or
19demolition of buildings, structures, bridges, tunnels, sewers,
20utility pipes or lines, ditches or open cuts, roads, highways,
21dams, airports, or waterways or in material handling for such
22projects upon which any such serial number, product
23identification number, part number, component identification
24number, owner-applied identification number, or other mark of
25identification has been changed, altered, removed, or
26obliterated.

 

 

HB1865- 124 -LRB102 11814 RLC 17149 b

1    (c) Defacement of manufacturer's serial number or
2identification mark. A person commits defacement of a
3manufacturer's serial number or identification mark when he or
4she knowingly removes, alters, defaces, covers, or destroys
5the manufacturer's serial number or any other manufacturer's
6number or distinguishing identification mark upon any machine
7or other article of merchandise, other than a motor vehicle as
8defined in Section 1-146 of the Illinois Vehicle Code or a
9firearm as defined in the Firearm Owners Identification Card
10Act, with the intent of concealing or destroying the identity
11of such machine or other article of merchandise.
12    (d) Sentence.
13        (1) A violation of subsection (a) of this Section is a
14    Class 4 felony if the value of the appliance or appliances
15    exceeds $1,000 and a Class B misdemeanor if the value of
16    the appliance or appliances is $1,000 or less.
17        (2) A violation of subsection (b) of this Section is a
18    Class A misdemeanor.
19        (3) A violation of subsection (c) of this Section is a
20    Class B misdemeanor.
21    (e) No liability shall be imposed upon any person for the
22unintentional failure to comply with subsection (a).
23    (f) Definitions. In this Section:
24    "Commercial context" means a continuing business
25enterprise conducted for profit by any person whose primary
26business is the wholesale or retail marketing of household

 

 

HB1865- 125 -LRB102 11814 RLC 17149 b

1appliances, or a significant portion of whose business or
2inventory consists of household appliances kept or sold on a
3wholesale or retail basis.
4    "Household appliance" means any gas or electric device or
5machine marketed for use as home entertainment or for
6facilitating or expediting household tasks or chores. The term
7shall include but not necessarily be limited to refrigerators,
8freezers, ranges, radios, television sets, vacuum cleaners,
9toasters, dishwashers, and other similar household items.
10    "Manufacturer's identification number" means any serial
11number or other similar numerical or alphabetical designation
12imprinted upon or attached to or placed, stamped, or otherwise
13imprinted upon or attached to a household appliance or item by
14the manufacturer for purposes of identifying a particular
15appliance or item individually or by lot number.
16(Source: P.A. 96-1551, eff. 7-1-11.)
 
17    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
18    Sec. 24-1. Unlawful use of weapons.
19    (a) A person commits the offense of unlawful use of
20weapons when he knowingly:
21        (1) Sells, manufactures, purchases, possesses or
22    carries any bludgeon, black-jack, slung-shot, sand-club,
23    sand-bag, metal knuckles or other knuckle weapon
24    regardless of its composition, throwing star, or any
25    knife, commonly referred to as a switchblade knife, which

 

 

HB1865- 126 -LRB102 11814 RLC 17149 b

1    has a blade that opens automatically by hand pressure
2    applied to a button, spring or other device in the handle
3    of the knife, or a ballistic knife, which is a device that
4    propels a knifelike blade as a projectile by means of a
5    coil spring, elastic material or compressed gas; or
6        (2) Carries or possesses with intent to use the same
7    unlawfully against another, a dagger, dirk, billy,
8    dangerous knife, razor, stiletto, broken bottle or other
9    piece of glass, stun gun or taser or any other dangerous or
10    deadly weapon or instrument of like character; or
11        (2.5) Carries or possesses with intent to use the same
12    unlawfully against another, any firearm in a church,
13    synagogue, mosque, or other building, structure, or place
14    used for religious worship; or
15        (3) Carries on or about his person or in any vehicle, a
16    tear gas gun projector or bomb or any object containing
17    noxious liquid gas or substance, other than an object
18    containing a non-lethal noxious liquid gas or substance
19    designed solely for personal defense carried by a person
20    18 years of age or older; or
21        (4) Carries or possesses in any vehicle or concealed
22    on or about his person except when on his land or in his
23    own abode, legal dwelling, or fixed place of business, or
24    on the land or in the legal dwelling of another person as
25    an invitee with that person's permission, any pistol,
26    revolver, stun gun or taser or other firearm, except that

 

 

HB1865- 127 -LRB102 11814 RLC 17149 b

1    this subsection (a) (4) does not apply to or affect
2    transportation of weapons that meet one of the following
3    conditions:
4            (i) are broken down in a non-functioning state; or
5            (ii) are not immediately accessible; or
6            (iii) are unloaded and enclosed in a case, firearm
7        carrying box, shipping box, or other container by a
8        person eligible under State and federal law to possess
9        a firearm who has been issued a currently valid
10        Firearm Owner's Identification Card; or
11            (iv) are carried or possessed in accordance with
12        the Firearm Concealed Carry Act by a person who has
13        been issued a currently valid license under the
14        Firearm Concealed Carry Act; or
15        (5) Sets a spring gun; or
16        (6) Possesses any device or attachment of any kind
17    designed, used or intended for use in silencing the report
18    of any firearm; or
19        (7) Sells, manufactures, purchases, possesses or
20    carries:
21            (i) a machine gun, which shall be defined for the
22        purposes of this subsection as any weapon, which
23        shoots, is designed to shoot, or can be readily
24        restored to shoot, automatically more than one shot
25        without manually reloading by a single function of the
26        trigger, including the frame or receiver of any such

 

 

HB1865- 128 -LRB102 11814 RLC 17149 b

1        weapon, or sells, manufactures, purchases, possesses,
2        or carries any combination of parts designed or
3        intended for use in converting any weapon into a
4        machine gun, or any combination or parts from which a
5        machine gun can be assembled if such parts are in the
6        possession or under the control of a person;
7            (ii) any rifle having one or more barrels less
8        than 16 inches in length or a shotgun having one or
9        more barrels less than 18 inches in length or any
10        weapon made from a rifle or shotgun, whether by
11        alteration, modification, or otherwise, if such a
12        weapon as modified has an overall length of less than
13        26 inches; or
14            (iii) any bomb, bomb-shell, grenade, bottle or
15        other container containing an explosive substance of
16        over one-quarter ounce for like purposes, such as, but
17        not limited to, black powder bombs and Molotov
18        cocktails or artillery projectiles; or
19        (8) Carries or possesses any firearm, stun gun or
20    taser or other deadly weapon in any place which is
21    licensed to sell intoxicating beverages, or at any public
22    gathering held pursuant to a license issued by any
23    governmental body or any public gathering at which an
24    admission is charged, excluding a place where a showing,
25    demonstration or lecture involving the exhibition of
26    unloaded firearms is conducted.

 

 

HB1865- 129 -LRB102 11814 RLC 17149 b

1        This subsection (a)(8) does not apply to any auction
2    or raffle of a firearm held pursuant to a license or permit
3    issued by a governmental body, nor does it apply to
4    persons engaged in firearm safety training courses; or
5        (9) Carries or possesses in a vehicle or on or about
6    his or her person any pistol, revolver, stun gun or taser
7    or firearm or ballistic knife, when he or she is hooded,
8    robed or masked in such manner as to conceal his or her
9    identity; or
10        (10) Carries or possesses on or about his or her
11    person, upon any public street, alley, or other public
12    lands within the corporate limits of a city, village, or
13    incorporated town, except when an invitee thereon or
14    therein, for the purpose of the display of such weapon or
15    the lawful commerce in weapons, or except when on his land
16    or in his or her own abode, legal dwelling, or fixed place
17    of business, or on the land or in the legal dwelling of
18    another person as an invitee with that person's
19    permission, any pistol, revolver, stun gun, or taser or
20    other firearm, except that this subsection (a) (10) does
21    not apply to or affect transportation of weapons that meet
22    one of the following conditions:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm
26        carrying box, shipping box, or other container by a

 

 

HB1865- 130 -LRB102 11814 RLC 17149 b

1        person eligible under State and federal law to possess
2        a firearm who has been issued a currently valid
3        Firearm Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the
7        Firearm Concealed Carry Act.
8        A "stun gun or taser", as used in this paragraph (a)
9    means (i) any device which is powered by electrical
10    charging units, such as, batteries, and which fires one or
11    several barbs attached to a length of wire and which, upon
12    hitting a human, can send out a current capable of
13    disrupting the person's nervous system in such a manner as
14    to render him incapable of normal functioning or (ii) any
15    device which is powered by electrical charging units, such
16    as batteries, and which, upon contact with a human or
17    clothing worn by a human, can send out current capable of
18    disrupting the person's nervous system in such a manner as
19    to render him incapable of normal functioning; or
20        (11) Sells, manufactures, or purchases any explosive
21    bullet. For purposes of this paragraph (a) "explosive
22    bullet" means the projectile portion of an ammunition
23    cartridge which contains or carries an explosive charge
24    which will explode upon contact with the flesh of a human
25    or an animal. "Cartridge" means a tubular metal case
26    having a projectile affixed at the front thereof and a cap

 

 

HB1865- 131 -LRB102 11814 RLC 17149 b

1    or primer at the rear end thereof, with the propellant
2    contained in such tube between the projectile and the cap;
3    or
4        (12) (Blank); or
5        (13) Carries or possesses on or about his or her
6    person while in a building occupied by a unit of
7    government, a billy club, other weapon of like character,
8    or other instrument of like character intended for use as
9    a weapon. For the purposes of this Section, "billy club"
10    means a short stick or club commonly carried by police
11    officers which is either telescopic or constructed of a
12    solid piece of wood or other man-made material.
13    (b) Sentence. A person convicted of a violation of
14subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
15subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
16Class A misdemeanor. A person convicted of a violation of
17subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
18a person convicted of a violation of subsection 24-1(a)(6) or
1924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
20convicted of a violation of subsection 24-1(a)(7)(i) commits a
21Class 2 felony and shall be sentenced to a term of imprisonment
22of not less than 3 years and not more than 7 years, unless the
23weapon is possessed in the passenger compartment of a motor
24vehicle as defined in Section 1-146 of the Illinois Vehicle
25Code, or on the person, while the weapon is loaded, in which
26case it shall be a Class X felony. A person convicted of a

 

 

HB1865- 132 -LRB102 11814 RLC 17149 b

1second or subsequent violation of subsection 24-1(a)(4),
224-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
3felony. A person convicted of a violation of subsection
424-1(a)(2.5) commits a Class 2 felony. The possession of each
5weapon in violation of this Section constitutes a single and
6separate violation.
7    (c) Violations in specific places.
8        (1) A person who violates subsection 24-1(a)(6) or
9    24-1(a)(7) in any school, regardless of the time of day or
10    the time of year, in residential property owned, operated
11    or managed by a public housing agency or leased by a public
12    housing agency as part of a scattered site or mixed-income
13    development, in a public park, in a courthouse, on the
14    real property comprising any school, regardless of the
15    time of day or the time of year, on 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, on the real property
19    comprising any public park, on the real property
20    comprising any courthouse, in any conveyance owned, leased
21    or contracted by a school to transport students to or from
22    school or a school related activity, in any conveyance
23    owned, leased, or contracted by a public transportation
24    agency, or on any public way within 1,000 feet of the real
25    property comprising any school, public park, courthouse,
26    public transportation facility, or residential property

 

 

HB1865- 133 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 134 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 135 -LRB102 11814 RLC 17149 b

1    of this State for the conduct of official business.
2        (3) Paragraphs (1), (1.5), and (2) of this subsection
3    (c) shall not apply to law enforcement officers or
4    security officers of such school, college, or university
5    or to students carrying or possessing firearms for use in
6    training courses, parades, hunting, target shooting on
7    school ranges, or otherwise with the consent of school
8    authorities and which firearms are transported unloaded
9    enclosed in a suitable case, box, or transportation
10    package.
11        (4) For the purposes of this subsection (c), "school"
12    means any public or private elementary or secondary
13    school, community college, college, or university.
14        (5) For the purposes of this subsection (c), "public
15    transportation agency" means a public or private agency
16    that provides for the transportation or conveyance of
17    persons by means available to the general public, except
18    for transportation by automobiles not used for conveyance
19    of the general public as passengers; and "public
20    transportation facility" means a terminal or other place
21    where one may obtain public transportation.
22    (d) The presence in an automobile other than a public
23omnibus of any weapon, instrument or substance referred to in
24subsection (a)(7) is prima facie evidence that it is in the
25possession of, and is being carried by, all persons occupying
26such automobile at the time such weapon, instrument or

 

 

HB1865- 136 -LRB102 11814 RLC 17149 b

1substance is found, except under the following circumstances:
2(i) if such weapon, instrument or instrumentality is found
3upon the person of one of the occupants therein; or (ii) if
4such weapon, instrument or substance is found in an automobile
5operated for hire by a duly licensed driver in the due, lawful
6and proper pursuit of his or her trade, then such presumption
7shall not apply to the driver.
8    (e) Exemptions.
9        (1) Crossbows, Common or Compound bows and Underwater
10    Spearguns are exempted from the definition of ballistic
11    knife as defined in paragraph (1) of subsection (a) of
12    this Section.
13        (2) The provision of paragraph (1) of subsection (a)
14    of this Section prohibiting the sale, manufacture,
15    purchase, possession, or carrying of any knife, commonly
16    referred to as a switchblade knife, which has a blade that
17    opens automatically by hand pressure applied to a button,
18    spring or other device in the handle of the knife, does not
19    apply to a person eligible under State and federal law to
20    possess a firearm who possesses a currently valid Firearm
21    Owner's Identification Card previously issued in his or
22    her name by the Department of State Police or to a person
23    or an entity engaged in the business of selling or
24    manufacturing switchblade knives.
25(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 

 

 

HB1865- 137 -LRB102 11814 RLC 17149 b

1    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
2    Sec. 24-1.1. Unlawful use or possession of weapons by
3felons or persons in the custody of the Department of
4Corrections facilities.
5    (a) It is unlawful for a person to knowingly possess on or
6about his person or on his land or in his own abode or fixed
7place of business any weapon prohibited under Section 24-1 of
8this Act or any firearm or any firearm ammunition if the person
9has been convicted of a felony under the laws of this State or
10any other jurisdiction. This Section shall not apply if the
11person has been granted relief under this subsection by the
12Director of the Department of State Police under Section 10 of
13the Firearm Owners Identification Card Act. A person
14prohibited from possessing a firearm under this subsection (a)
15may petition the Director of State Police for a hearing and
16relief from the prohibition, unless the prohibition was based
17upon a forcible felony, stalking, aggravated stalking,
18domestic battery, any violation of the Illinois Controlled
19Substances Act, the Methamphetamine Control and Community
20Protection Act, or the Cannabis Control Act that is classified
21as a Class 2 or greater felony, any felony violation of Article
2224 of the Criminal Code of 1961 or the Criminal Code of 2012,
23or any adjudication as a delinquent minor for the commission
24of an offense that if committed by an adult would be a felony,
25in which case the person may petition the circuit court in
26writing in the county of his or her residence for a hearing and

 

 

HB1865- 138 -LRB102 11814 RLC 17149 b

1relief from the prohibition. The Director or court may grant
2the relief if it is established by the petitioner to the
3court's or Director's satisfaction that:
4        (1) when in the circuit court, the State's Attorney
5    has been served with a written copy of the petition at
6    least 30 days before any hearing in the circuit court and
7    at the hearing the State's Attorney was afforded an
8    opportunity to present evidence and object to the
9    petition;
10        (2) the petitioner has not been convicted of a
11    forcible felony under the laws of this State or any other
12    jurisdiction within 20 years of the filing of the
13    petition, or at least 20 years have passed since the end of
14    any period of imprisonment imposed in relation to that
15    conviction;
16        (3) the circumstances regarding a criminal conviction,
17    where applicable, the petitioner's criminal history and
18    his or her reputation are such that the petitioner will
19    not be likely to act in a manner dangerous to public
20    safety;
21        (4) granting relief would not be contrary to the
22    public interest; and
23        (5) granting relief would not be contrary to federal
24    law.
25    (b) It is unlawful for any person confined in a penal
26institution, which is a facility of the Illinois Department of

 

 

HB1865- 139 -LRB102 11814 RLC 17149 b

1Corrections, to possess any weapon prohibited under Section
224-1 of this Code or any firearm or firearm ammunition,
3regardless of the intent with which he possesses it.
4    (c) It shall be an affirmative defense to a violation of
5subsection (b), that such possession was specifically
6authorized by rule, regulation, or directive of the Illinois
7Department of Corrections or order issued pursuant thereto.
8    (d) The defense of necessity is not available to a person
9who is charged with a violation of subsection (b) of this
10Section.
11    (e) Sentence. Violation of this Section by a person not
12confined in a penal institution shall be a Class 3 felony for
13which the person shall be sentenced to no less than 2 years and
14no more than 10 years. A second or subsequent violation of this
15Section shall be a Class 2 felony for which the person shall be
16sentenced to a term of imprisonment of not less than 3 years
17and not more than 14 years, except as provided for in Section
185-4.5-110 of the Unified Code of Corrections. Violation of
19this Section by a person not confined in a penal institution
20who has been convicted of a forcible felony, a felony
21violation of Article 24 of this Code or of the Firearm Owners
22Identification Card Act, stalking or aggravated stalking, or a
23Class 2 or greater felony under the Illinois Controlled
24Substances Act, the Cannabis Control Act, or the
25Methamphetamine Control and Community Protection Act is a
26Class 2 felony for which the person shall be sentenced to not

 

 

HB1865- 140 -LRB102 11814 RLC 17149 b

1less than 3 years and not more than 14 years, except as
2provided for in Section 5-4.5-110 of the Unified Code of
3Corrections. Violation of this Section by a person who is on
4parole or mandatory supervised release is a Class 2 felony for
5which the person shall be sentenced to 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 is
9a Class X felony when the firearm possessed is a machine gun.
10Any person who violates this Section while confined in a penal
11institution, which is a facility of the Illinois Department of
12Corrections, is guilty of a Class 1 felony, if he possesses any
13weapon prohibited under Section 24-1 of this Code regardless
14of the intent with which he possesses it, a Class X felony if
15he possesses any firearm, firearm ammunition or explosive, and
16a Class X felony for which the offender shall be sentenced to
17not less than 12 years and not more than 50 years when the
18firearm possessed is a machine gun. A violation of this
19Section while wearing or in possession of body armor as
20defined in Section 33F-1 is a Class X felony punishable by a
21term of imprisonment of not less than 10 years and not more
22than 40 years. The possession of each firearm or firearm
23ammunition in violation of this Section constitutes a single
24and separate violation.
25(Source: P.A. 100-3, eff. 1-1-18.)
 

 

 

HB1865- 141 -LRB102 11814 RLC 17149 b

1    (720 ILCS 5/24-1.6)
2    Sec. 24-1.6. Aggravated unlawful use of a weapon.
3    (a) A person commits the offense of aggravated unlawful
4use of a weapon when he or she knowingly:
5        (1) Carries on or about his or her person or in any
6    vehicle or concealed on or about his or her person except
7    when on his or her land or in his or her abode, legal
8    dwelling, or fixed place of business, or on the land or in
9    the legal dwelling of another person as an invitee with
10    that person's permission, any pistol, revolver, stun gun
11    or taser or other firearm; or
12        (2) Carries or possesses on or about his or her
13    person, upon any public street, alley, or other public
14    lands within the corporate limits of a city, village or
15    incorporated town, except when an invitee thereon or
16    therein, for the purpose of the display of such weapon or
17    the lawful commerce in weapons, or except when on his or
18    her own land or in his or her own abode, legal dwelling, or
19    fixed place of business, or on the land or in the legal
20    dwelling of another person as an invitee with that
21    person's permission, any pistol, revolver, stun gun or
22    taser or other firearm; and
23        (3) One of the following factors is present:
24            (A) the firearm, other than a pistol, revolver, or
25        handgun, possessed was uncased, loaded, and
26        immediately accessible at the time of the offense; or

 

 

HB1865- 142 -LRB102 11814 RLC 17149 b

1            (A-5) the pistol, revolver, or handgun possessed
2        was uncased, loaded, and immediately accessible at the
3        time of the offense and the person possessing the
4        pistol, revolver, or handgun has not been issued a
5        currently valid license under the Firearm Concealed
6        Carry Act; or
7            (B) the firearm, other than a pistol, revolver, or
8        handgun, possessed was uncased, unloaded, and the
9        ammunition for the weapon was immediately accessible
10        at the time of the offense; or
11            (B-5) the pistol, revolver, or handgun possessed
12        was uncased, unloaded, and the ammunition for the
13        weapon was immediately accessible at the time of the
14        offense and the person possessing the pistol,
15        revolver, or handgun has not been issued a currently
16        valid license under the Firearm Concealed Carry Act;
17        or
18            (C) (blank); or the person possessing the firearm
19        has not been issued a currently valid Firearm Owner's
20        Identification Card; or
21            (D) the person possessing the weapon was
22        previously adjudicated a delinquent minor under the
23        Juvenile Court Act of 1987 for an act that if committed
24        by an adult would be a felony; or
25            (E) the person possessing the weapon was engaged
26        in a misdemeanor violation of the Cannabis Control

 

 

HB1865- 143 -LRB102 11814 RLC 17149 b

1        Act, in a misdemeanor violation of the Illinois
2        Controlled Substances Act, or in a misdemeanor
3        violation of the Methamphetamine Control and Community
4        Protection Act; or
5            (F) (blank); or
6            (G) the person possessing the weapon had an order
7        of protection issued against him or her within the
8        previous 2 years; or
9            (H) the person possessing the weapon was engaged
10        in the commission or attempted commission of a
11        misdemeanor involving the use or threat of violence
12        against the person or property of another; or
13            (I) the person possessing the weapon was under 21
14        years of age and in possession of a handgun, unless the
15        person under 21 is engaged in lawful activities under
16        the Wildlife Code or described in subsection
17        24-2(b)(1), (b)(3), or 24-2(f).
18    (a-5) "Handgun" as used in this Section has the meaning
19given to it in Section 5 of the Firearm Concealed Carry Act.
20    (b) "Stun gun or taser" as used in this Section has the
21same definition given to it in Section 24-1 of this Code.
22    (c) This Section does not apply to or affect the
23transportation or possession of weapons that:
24        (i) are broken down in a non-functioning state; or
25        (ii) are not immediately accessible; or
26        (iii) are unloaded and enclosed in a case, firearm

 

 

HB1865- 144 -LRB102 11814 RLC 17149 b

1    carrying box, shipping box, or other container by a person
2    is eligible under State and federal law to possess a
3    firearm who has been issued a currently valid Firearm
4    Owner's Identification Card.
5    (d) Sentence.
6        (1) Aggravated unlawful use of a weapon is a Class 4
7    felony; a second or subsequent offense is a Class 2 felony
8    for which the person shall be sentenced to a term of
9    imprisonment of not less than 3 years and not more than 7
10    years, except as provided for in Section 5-4.5-110 of the
11    Unified Code of Corrections.
12        (2) (Blank). Except as otherwise provided in
13    paragraphs (3) and (4) of this subsection (d), a first
14    offense of aggravated unlawful use of a weapon committed
15    with a firearm by a person 18 years of age or older where
16    the factors listed in both items (A) and (C) or both items
17    (A-5) and (C) of paragraph (3) of subsection (a) are
18    present is a Class 4 felony, for which the person shall be
19    sentenced to a term of imprisonment of not less than one
20    year and not more than 3 years.
21        (3) Aggravated unlawful use of a weapon by a person
22    who has been previously convicted of a felony in this
23    State or another jurisdiction is a Class 2 felony for
24    which the person shall be sentenced to a term of
25    imprisonment of not less than 3 years and not more than 7
26    years, except as provided for in Section 5-4.5-110 of the

 

 

HB1865- 145 -LRB102 11814 RLC 17149 b

1    Unified Code of Corrections.
2        (4) Aggravated unlawful use of a weapon while wearing
3    or in possession of body armor as defined in Section 33F-1
4    by a person who is prohibited under State or federal law
5    from possessing a firearm has not been issued a valid
6    Firearms Owner's Identification Card in accordance with
7    Section 5 of the Firearm Owners Identification Card Act is
8    a Class X felony.
9    (e) The possession of each firearm in violation of this
10Section constitutes a single and separate violation.
11(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
12    (720 ILCS 5/24-1.8)
13    Sec. 24-1.8. Unlawful possession of a firearm by a street
14gang member.
15    (a) A person commits unlawful possession of a firearm by a
16street gang member when he or she knowingly:
17        (1) possesses, carries, or conceals on or about his or
18    her person a firearm and firearm ammunition while on any
19    street, road, alley, gangway, sidewalk, or any other
20    lands, except when inside his or her own abode or inside
21    his or her fixed place of business, and has not been issued
22    a currently valid Firearm Owner's Identification Card and
23    is a member of a street gang; or
24        (2) possesses or carries in any vehicle a firearm and
25    firearm ammunition which are both immediately accessible

 

 

HB1865- 146 -LRB102 11814 RLC 17149 b

1    at the time of the offense while on any street, road,
2    alley, or any other lands, except when inside his or her
3    own abode or garage, and has not been issued a currently
4    valid Firearm Owner's Identification Card and is a member
5    of a street gang.
6    (b) Unlawful possession of a firearm by a street gang
7member is a Class 2 felony for which the person, if sentenced
8to a term of imprisonment, shall be sentenced to no less than 3
9years and no more than 10 years. A period of probation, a term
10of periodic imprisonment or conditional discharge shall not be
11imposed for the offense of unlawful possession of a firearm by
12a street gang member when the firearm was loaded or contained
13firearm ammunition and the court shall sentence the offender
14to not less than the minimum term of imprisonment authorized
15for the Class 2 felony.
16    (c) For purposes of this Section:
17        "Street gang" or "gang" has the meaning ascribed to it
18    in Section 10 of the Illinois Streetgang Terrorism Omnibus
19    Prevention Act.
20        "Street gang member" or "gang member" has the meaning
21    ascribed to it in Section 10 of the Illinois Streetgang
22    Terrorism Omnibus Prevention Act.
23(Source: P.A. 96-829, eff. 12-3-09.)
 
24    (720 ILCS 5/24-2)
25    Sec. 24-2. Exemptions.

 

 

HB1865- 147 -LRB102 11814 RLC 17149 b

1    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
3the following:
4        (1) Peace officers, and any person summoned by a peace
5    officer to assist in making arrests or preserving the
6    peace, while actually engaged in assisting such officer.
7        (2) Wardens, superintendents and keepers of prisons,
8    penitentiaries, jails and other institutions for the
9    detention of persons accused or convicted of an offense,
10    while in the performance of their official duty, or while
11    commuting between their homes and places of employment.
12        (3) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard or the
14    Reserve Officers Training Corps, while in the performance
15    of their official duty.
16        (4) Special agents employed by a railroad or a public
17    utility to perform police functions, and guards of armored
18    car companies, while actually engaged in the performance
19    of the duties of their employment or commuting between
20    their homes and places of employment; and watchmen while
21    actually engaged in the performance of the duties of their
22    employment.
23        (5) Persons licensed as private security contractors,
24    private detectives, or private alarm contractors, or
25    employed by a private security contractor, private
26    detective, or private alarm contractor agency licensed by

 

 

HB1865- 148 -LRB102 11814 RLC 17149 b

1    the Department of Financial and Professional Regulation,
2    if their duties include the carrying of a weapon under the
3    provisions of the Private Detective, Private Alarm,
4    Private Security, Fingerprint Vendor, and Locksmith Act of
5    2004, while actually engaged in the performance of the
6    duties of their employment or commuting between their
7    homes and places of employment. A person shall be
8    considered eligible for this exemption if he or she has
9    completed the required 20 hours of training for a private
10    security contractor, private detective, or private alarm
11    contractor, or employee of a licensed private security
12    contractor, private detective, or private alarm contractor
13    agency and 20 hours of required firearm training, and has
14    been issued a firearm control card by the Department of
15    Financial and Professional Regulation. Conditions for the
16    renewal of firearm control cards issued under the
17    provisions of this Section shall be the same as for those
18    cards 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 private security contractor,
22    private detective, or private alarm contractor, or
23    employee of the licensed private security contractor,
24    private detective, or private alarm contractor agency at
25    all times when he or she is in possession of a concealable
26    weapon permitted by his or her firearm control card.

 

 

HB1865- 149 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 150 -LRB102 11814 RLC 17149 b

1    of a concealable weapon permitted by his or her firearm
2    control card.
3        (7) Agents and investigators of the Illinois
4    Legislative Investigating Commission authorized by the
5    Commission to carry the weapons specified in subsections
6    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
7    any investigation for the Commission.
8        (8) Persons employed by a financial institution as a
9    security guard for the protection of other employees and
10    property related to such financial institution, while
11    actually engaged in the performance of their duties,
12    commuting between their homes and places of employment, or
13    traveling between sites or properties owned or operated by
14    such financial institution, and who, as a security guard,
15    is a member of a security force registered with the
16    Department; provided that any person so employed has
17    successfully completed a course of study, approved by and
18    supervised by the Department of Financial and Professional
19    Regulation, consisting of not less than 40 hours of
20    training which includes theory of law enforcement,
21    liability for acts, and the handling of weapons. A person
22    shall be considered to be eligible for this exemption if
23    he or she has completed the required 20 hours of training
24    for a security officer and 20 hours of required firearm
25    training, and has been issued a firearm control card by
26    the Department of Financial and Professional Regulation.

 

 

HB1865- 151 -LRB102 11814 RLC 17149 b

1    Conditions for renewal of firearm control cards issued
2    under the provisions of this Section shall be the same as
3    for those issued under the provisions of the Private
4    Detective, Private Alarm, Private Security, Fingerprint
5    Vendor, and Locksmith Act of 2004. The firearm control
6    card shall be carried by the security guard at all times
7    when he or she is in possession of a concealable weapon
8    permitted by his or her firearm control card. For purposes
9    of this subsection, "financial institution" means a bank,
10    savings and loan association, credit union or company
11    providing armored car services.
12        (9) Any person employed by an armored car company to
13    drive an armored car, while actually engaged in the
14    performance of his duties.
15        (10) Persons who have been classified as peace
16    officers pursuant to the Peace Officer Fire Investigation
17    Act.
18        (11) Investigators of the Office of the State's
19    Attorneys Appellate Prosecutor authorized by the board of
20    governors of the Office of the State's Attorneys Appellate
21    Prosecutor to carry weapons pursuant to Section 7.06 of
22    the State's Attorneys Appellate Prosecutor's Act.
23        (12) Special investigators appointed by a State's
24    Attorney under Section 3-9005 of the Counties Code.
25        (12.5) Probation officers while in the performance of
26    their duties, or while commuting between their homes,

 

 

HB1865- 152 -LRB102 11814 RLC 17149 b

1    places of employment or specific locations that are part
2    of their assigned duties, with the consent of the chief
3    judge of the circuit for which they are employed, if they
4    have received weapons training according to requirements
5    of the Peace Officer and Probation Officer Firearm
6    Training Act.
7        (13) Court Security Officers while in the performance
8    of their official duties, or while commuting between their
9    homes and places of employment, with the consent of the
10    Sheriff.
11        (13.5) A person employed as an armed security guard at
12    a nuclear energy, storage, weapons or development site or
13    facility regulated by the Nuclear Regulatory Commission
14    who has completed the background screening and training
15    mandated by the rules and regulations of the Nuclear
16    Regulatory Commission.
17        (14) Manufacture, transportation, or sale of weapons
18    to persons authorized under subdivisions (1) through
19    (13.5) of this subsection to possess those weapons.
20    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
21to or affect any person carrying a concealed pistol, revolver,
22or handgun and the person has been issued a currently valid
23license under the Firearm Concealed Carry Act at the time of
24the commission of the offense.
25     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26to or affect a qualified current or retired law enforcement

 

 

HB1865- 153 -LRB102 11814 RLC 17149 b

1officer qualified under the laws of this State or under the
2federal Law Enforcement Officers Safety Act.
3    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any of the following:
5        (1) Members of any club or organization organized for
6    the purpose of practicing shooting at targets upon
7    established target ranges, whether public or private, and
8    patrons of such ranges, while such members or patrons are
9    using their firearms on those target ranges.
10        (2) Duly authorized military or civil organizations
11    while parading, with the special permission of the
12    Governor.
13        (3) Hunters, trappers or fishermen with a license or
14    permit while engaged in hunting, trapping or fishing.
15        (4) Transportation of weapons that are broken down in
16    a non-functioning state or are not immediately accessible.
17        (5) Carrying or possessing any pistol, revolver, stun
18    gun or taser or other firearm on the land or in the legal
19    dwelling of another person as an invitee with that
20    person's permission.
21    (c) Subsection 24-1(a)(7) does not apply to or affect any
22of the following:
23        (1) Peace officers while in performance of their
24    official duties.
25        (2) Wardens, superintendents and keepers of prisons,
26    penitentiaries, jails and other institutions for the

 

 

HB1865- 154 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 155 -LRB102 11814 RLC 17149 b

1        (6) The manufacture, transport, testing, delivery,
2    transfer or sale, and all lawful commercial or
3    experimental activities necessary thereto, of rifles,
4    shotguns, and weapons made from rifles or shotguns, or
5    ammunition for such rifles, shotguns or weapons, where
6    engaged in by a person operating as a contractor or
7    subcontractor pursuant to a contract or subcontract for
8    the development and supply of such rifles, shotguns,
9    weapons or ammunition to the United States government or
10    any branch of the Armed Forces of the United States, when
11    such activities are necessary and incident to fulfilling
12    the terms of such contract.
13        The exemption granted under this subdivision (c)(6)
14    shall also apply to any authorized agent of any such
15    contractor or subcontractor who is operating within the
16    scope of his employment, where such activities involving
17    such weapon, weapons or ammunition are necessary and
18    incident to fulfilling the terms of such contract.
19        (7) A person possessing a rifle with a barrel or
20    barrels less than 16 inches in length if: (A) the person
21    has been issued a Curios and Relics license from the U.S.
22    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
23    (B) the person is an active member of a bona fide,
24    nationally recognized military re-enacting group and the
25    modification is required and necessary to accurately
26    portray the weapon for historical re-enactment purposes;

 

 

HB1865- 156 -LRB102 11814 RLC 17149 b

1    the re-enactor is in possession of a valid and current
2    re-enacting group membership credential; and the overall
3    length of the weapon as modified is not less than 26
4    inches.
5    (d) Subsection 24-1(a)(1) does not apply to the purchase,
6possession or carrying of a black-jack or slung-shot by a
7peace officer.
8    (e) Subsection 24-1(a)(8) does not apply to any owner,
9manager or authorized employee of any place specified in that
10subsection nor to any law enforcement officer.
11    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
12Section 24-1.6 do not apply to members of any club or
13organization organized for the purpose of practicing shooting
14at targets upon established target ranges, whether public or
15private, while using their firearms on those target ranges.
16    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
17to:
18        (1) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duty.
21        (2) Bonafide collectors of antique or surplus military
22    ordnance.
23        (3) Laboratories having a department of forensic
24    ballistics, or specializing in the development of
25    ammunition or explosive ordnance.
26        (4) Commerce, preparation, assembly or possession of

 

 

HB1865- 157 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 158 -LRB102 11814 RLC 17149 b

124-1.6 do not apply to or affect any parole agent or parole
2supervisor who meets the qualifications and conditions
3prescribed in Section 3-14-1.5 of the Unified Code of
4Corrections.
5    (g-7) Subsection 24-1(a)(6) does not apply to a peace
6officer while serving as a member of a tactical response team
7or special operations team. A peace officer may not personally
8own or apply for ownership of a device or attachment of any
9kind designed, used, or intended for use in silencing the
10report of any firearm. These devices shall be owned and
11maintained by lawfully recognized units of government whose
12duties include the investigation of criminal acts.
13    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
15athlete's possession, transport on official Olympic and
16Paralympic transit systems established for athletes, or use of
17competition firearms sanctioned by the International Olympic
18Committee, the International Paralympic Committee, the
19International Shooting Sport Federation, or USA Shooting in
20connection with such athlete's training for and participation
21in shooting competitions at the 2016 Olympic and Paralympic
22Games and sanctioned test events leading up to the 2016
23Olympic and Paralympic Games.
24    (h) An information or indictment based upon a violation of
25any subsection of this Article need not negative any
26exemptions contained in this Article. The defendant shall have

 

 

HB1865- 159 -LRB102 11814 RLC 17149 b

1the burden of proving such an exemption.
2    (i) Nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession, of any
4pistol or revolver, stun gun, taser, or other firearm
5consigned to a common carrier operating under license of the
6State of Illinois or the federal government, where such
7transportation, carrying, or possession is incident to the
8lawful transportation in which such common carrier is engaged;
9and nothing in this Article shall prohibit, apply to, or
10affect the transportation, carrying, or possession of any
11pistol, revolver, stun gun, taser, or other firearm, not the
12subject of and regulated by subsection 24-1(a)(7) or
13subsection 24-2(c) of this Article, which is unloaded and
14enclosed in a case, firearm carrying box, shipping box, or
15other container, by a person eligible under State and federal
16law to possess a firearm the possessor of a valid Firearm
17Owners Identification Card.
18(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
19    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
20    Sec. 24-3. Unlawful sale or delivery of firearms.
21    (A) A person commits the offense of unlawful sale or
22delivery of firearms when he or she knowingly does any of the
23following:
24        (a) Sells or gives any firearm of a size which may be
25    concealed upon the person to any person under 18 years of

 

 

HB1865- 160 -LRB102 11814 RLC 17149 b

1    age.
2        (b) Sells or gives any firearm to a person under 21
3    years of age who has been convicted of a misdemeanor other
4    than a traffic offense or adjudged delinquent.
5        (c) Sells or gives any firearm to any narcotic addict.
6        (d) Sells or gives any firearm to any person who has
7    been convicted of a felony under the laws of this or any
8    other jurisdiction.
9        (e) Sells or gives any firearm to any person who has
10    been a patient in a mental institution within the past 5
11    years. In this subsection (e):
12            "Mental institution" means any hospital,
13        institution, clinic, evaluation facility, mental
14        health center, or part thereof, which is used
15        primarily for the care or treatment of persons with
16        mental illness.
17            "Patient in a mental institution" means the person
18        was admitted, either voluntarily or involuntarily, to
19        a mental institution for mental health treatment,
20        unless the treatment was voluntary and solely for an
21        alcohol abuse disorder and no other secondary
22        substance abuse disorder or mental illness.
23        (f) Sells or gives any firearms to any person who is a
24    person with an intellectual disability.
25        (g) Delivers any firearm, incidental to a sale,
26    without withholding delivery of the firearm for at least

 

 

HB1865- 161 -LRB102 11814 RLC 17149 b

1    72 hours after application for its purchase has been made,
2    or delivers a stun gun or taser, incidental to a sale,
3    without withholding delivery of the stun gun or taser for
4    at least 24 hours after application for its purchase has
5    been made. However, this paragraph (g) does not apply to:
6    (1) the sale of a firearm to a law enforcement officer if
7    the seller of the firearm knows that the person to whom he
8    or she is selling the firearm is a law enforcement officer
9    or the sale of a firearm to a person who desires to
10    purchase a firearm for use in promoting the public
11    interest incident to his or her employment as a bank
12    guard, armed truck guard, or other similar employment; (2)
13    a mail order sale of a firearm from a federally licensed
14    firearms dealer to a nonresident of Illinois under which
15    the firearm is mailed to a federally licensed firearms
16    dealer outside the boundaries of Illinois; (3) (blank);
17    (4) the sale of a firearm to a dealer licensed as a federal
18    firearms dealer under Section 923 of the federal Gun
19    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
20    sale of any rifle, shotgun, or other long gun to a resident
21    registered competitor or attendee or non-resident
22    registered competitor or attendee by any dealer licensed
23    as a federal firearms dealer under Section 923 of the
24    federal Gun Control Act of 1968 at competitive shooting
25    events held at the World Shooting Complex sanctioned by a
26    national governing body. For purposes of transfers or

 

 

HB1865- 162 -LRB102 11814 RLC 17149 b

1    sales under subparagraph (5) of this paragraph (g), the
2    Department of Natural Resources shall give notice to the
3    Department of State Police at least 30 calendar days prior
4    to any competitive shooting events at the World Shooting
5    Complex sanctioned by a national governing body. The
6    notification shall be made on a form prescribed by the
7    Department of State Police. The sanctioning body shall
8    provide a list of all registered competitors and attendees
9    at least 24 hours before the events to the Department of
10    State Police. Any changes to the list of registered
11    competitors and attendees shall be forwarded to the
12    Department of State Police as soon as practicable. The
13    Department of State Police must destroy the list of
14    registered competitors and attendees no later than 30 days
15    after the date of the event. Nothing in this paragraph (g)
16    relieves a federally licensed firearm dealer from the
17    requirements of conducting a NICS background check through
18    the Illinois Point of Contact under 18 U.S.C. 922(t). For
19    purposes of this paragraph (g), "application" means when
20    the buyer and seller reach an agreement to purchase a
21    firearm. For purposes of this paragraph (g), "national
22    governing body" means a group of persons who adopt rules
23    and formulate policy on behalf of a national firearm
24    sporting organization.
25        (h) While holding any license as a dealer, importer,
26    manufacturer or pawnbroker under the federal Gun Control

 

 

HB1865- 163 -LRB102 11814 RLC 17149 b

1    Act of 1968, manufactures, sells or delivers to any
2    unlicensed person a handgun having a barrel, slide, frame
3    or receiver which is a die casting of zinc alloy or any
4    other nonhomogeneous metal which will melt or deform at a
5    temperature of less than 800 degrees Fahrenheit. For
6    purposes of this paragraph, (1) "firearm" is defined as in
7    the Firearm Owners Identification Card Act; and (2)
8    "handgun" is defined as a firearm designed to be held and
9    fired by the use of a single hand, and includes a
10    combination of parts from which such a firearm can be
11    assembled.
12        (i) Sells or gives a firearm of any size to any person
13    under 18 years of age who is not eligible under State or
14    federal law to possess a firearm does not possess a valid
15    Firearm Owner's Identification Card.
16        (j) Sells or gives a firearm while engaged in the
17    business of selling firearms at wholesale or retail
18    without being licensed as a federal firearms dealer under
19    Section 923 of the federal Gun Control Act of 1968 (18
20    U.S.C. 923). In this paragraph (j):
21        A person "engaged in the business" means a person who
22    devotes time, attention, and labor to engaging in the
23    activity as a regular course of trade or business with the
24    principal objective of livelihood and profit, but does not
25    include a person who makes occasional repairs of firearms
26    or who occasionally fits special barrels, stocks, or

 

 

HB1865- 164 -LRB102 11814 RLC 17149 b

1    trigger mechanisms to firearms.
2        "With the principal objective of livelihood and
3    profit" means that the intent underlying the sale or
4    disposition of firearms is predominantly one of obtaining
5    livelihood and pecuniary gain, as opposed to other
6    intents, such as improving or liquidating a personal
7    firearms collection; however, proof of profit shall not be
8    required as to a person who engages in the regular and
9    repetitive purchase and disposition of firearms for
10    criminal purposes or terrorism.
11        (k) (Blank). Sells or transfers ownership of a firearm
12    to a person who does not display to the seller or
13    transferor of the firearm either: (1) a currently valid
14    Firearm Owner's Identification Card that has previously
15    been issued in the transferee's name by the Department of
16    State Police under the provisions of the Firearm Owners
17    Identification Card Act; or (2) a currently valid license
18    to carry a concealed firearm that has previously been
19    issued in the transferee's name by the Department of State
20    Police under the Firearm Concealed Carry Act. This
21    paragraph (k) does not apply to the transfer of a firearm
22    to a person who is exempt from the requirement of
23    possessing a Firearm Owner's Identification Card under
24    Section 2 of the Firearm Owners Identification Card Act.
25    For the purposes of this Section, a currently valid
26    Firearm Owner's Identification Card means (i) a Firearm

 

 

HB1865- 165 -LRB102 11814 RLC 17149 b

1    Owner's Identification Card that has not expired or (ii)
2    an approval number issued in accordance with subsection
3    (a-10) of subsection 3 or Section 3.1 of the Firearm
4    Owners Identification Card Act shall be proof that the
5    Firearm Owner's Identification Card was valid.
6            (1) (Blank). In addition to the other requirements
7        of this paragraph (k), all persons who are not
8        federally licensed firearms dealers must also have
9        complied with subsection (a-10) of Section 3 of the
10        Firearm Owners Identification Card Act by determining
11        the validity of a purchaser's Firearm Owner's
12        Identification Card.
13            (2) (Blank). All sellers or transferors who have
14        complied with the requirements of subparagraph (1) of
15        this paragraph (k) shall not be liable for damages in
16        any civil action arising from the use or misuse by the
17        transferee of the firearm transferred, except for
18        willful or wanton misconduct on the part of the seller
19        or transferor.
20        (l) Not being entitled to the possession of a firearm,
21    delivers the firearm, knowing it to have been stolen or
22    converted. It may be inferred that a person who possesses
23    a firearm with knowledge that its serial number has been
24    removed or altered has knowledge that the firearm is
25    stolen or converted.
26    (B) Paragraph (h) of subsection (A) does not include

 

 

HB1865- 166 -LRB102 11814 RLC 17149 b

1firearms sold within 6 months after enactment of Public Act
278-355 (approved August 21, 1973, effective October 1, 1973),
3nor is any firearm legally owned or possessed by any citizen or
4purchased by any citizen within 6 months after the enactment
5of Public Act 78-355 subject to confiscation or seizure under
6the provisions of that Public Act. Nothing in Public Act
778-355 shall be construed to prohibit the gift or trade of any
8firearm if that firearm was legally held or acquired within 6
9months after the enactment of that Public Act.
10    (C) Sentence.
11        (1) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (c), (e), (f), (g),
13    or (h) of subsection (A) commits a Class 4 felony.
14        (2) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (b) or (i) of
16    subsection (A) commits a Class 3 felony.
17        (3) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (a) of subsection
19    (A) commits a Class 2 felony.
20        (4) Any person convicted of unlawful sale or delivery
21    of 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

 

 

HB1865- 167 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 168 -LRB102 11814 RLC 17149 b

1    on the real property comprising any public park, on the
2    real property comprising any courthouse, or on any public
3    way within 1,000 feet of the real property comprising any
4    public park, courthouse, or residential property owned,
5    operated, or managed by a public housing agency or leased
6    by a public housing agency as part of a scattered site or
7    mixed-income development commits a Class 2 felony.
8        (6) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (j) of subsection
10    (A) commits a Class A misdemeanor. A second or subsequent
11    violation is a Class 4 felony.
12        (7) (Blank). Any person convicted of unlawful sale or
13    delivery of firearms in violation of paragraph (k) of
14    subsection (A) commits a Class 4 felony, except that a
15    violation of subparagraph (1) of paragraph (k) of
16    subsection (A) shall not be punishable as a crime or petty
17    offense. A third or subsequent conviction for a violation
18    of paragraph (k) of subsection (A) is a Class 1 felony.
19        (8) A person 18 years of age or older convicted of
20    unlawful sale or delivery of firearms in violation of
21    paragraph (a) or (i) of subsection (A), when the firearm
22    that was sold or given to another person under 18 years of
23    age was used in the commission of or attempt to commit a
24    forcible felony, shall be fined or imprisoned, or both,
25    not to exceed the maximum provided for the most serious
26    forcible felony so committed or attempted by the person

 

 

HB1865- 169 -LRB102 11814 RLC 17149 b

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

 

 

HB1865- 170 -LRB102 11814 RLC 17149 b

1    subsection (A) commits a Class X felony for which he or she
2    shall be sentenced to a term of imprisonment of not less
3    than 6 years and not more than 50 years if the delivery is
4    of not less than 21 and not more than 30 firearms at the
5    same time or within a 4 year period. Any person convicted
6    of unlawful sale or delivery of firearms in violation of
7    paragraph (l) of subsection (A) commits a Class X felony
8    for which he or she shall be sentenced to a term of
9    imprisonment of not less than 6 years and not more than 60
10    years if the delivery is of 31 or more firearms at the same
11    time or within a 5 year period.
12    (D) For purposes of this Section:
13    "School" means a public or private elementary or secondary
14school, community college, college, or university.
15    "School related activity" means any sporting, social,
16academic, or other activity for which students' attendance or
17participation is sponsored, organized, or funded in whole or
18in part by a school or school district.
19    (E) A prosecution for a violation of paragraph (k) of
20subsection (A) of this Section may be commenced within 6 years
21after the commission of the offense. A prosecution for a
22violation of this Section other than paragraph (g) of
23subsection (A) of this Section may be commenced within 5 years
24after the commission of the offense defined in the particular
25paragraph.
26(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

 

 

HB1865- 171 -LRB102 11814 RLC 17149 b

199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
2    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
3    Sec. 24-3.1. Unlawful possession of firearms and firearm
4ammunition.
5    (a) A person commits the offense of unlawful possession of
6firearms or firearm ammunition when:
7        (1) He is under 18 years of age and has in his
8    possession any firearm of a size which may be concealed
9    upon the person; or
10        (2) He is under 21 years of age, has been convicted of
11    a misdemeanor other than a traffic offense or adjudged
12    delinquent and has any firearms or firearm ammunition in
13    his possession; or
14        (3) He is a narcotic addict and has any firearms or
15    firearm ammunition in his possession; or
16        (4) He has been a patient in a mental institution
17    within the past 5 years and has any firearms or firearm
18    ammunition in his possession. For purposes of this
19    paragraph (4):
20            "Mental institution" means any hospital,
21        institution, clinic, evaluation facility, mental
22        health center, or part thereof, which is used
23        primarily for the care or treatment of persons with
24        mental illness.
25            "Patient in a mental institution" means the person

 

 

HB1865- 172 -LRB102 11814 RLC 17149 b

1        was admitted, either voluntarily or involuntarily, to
2        a mental institution for mental health treatment,
3        unless the treatment was voluntary and solely for an
4        alcohol abuse disorder and no other secondary
5        substance abuse disorder or mental illness; or
6        (5) He is a person with an intellectual disability and
7    has any firearms or firearm ammunition in his possession;
8    or
9        (6) He has in his possession any explosive bullet.
10    For purposes of this paragraph "explosive bullet" means
11the projectile portion of an ammunition cartridge which
12contains or carries an explosive charge which will explode
13upon contact with the flesh of a human or an animal.
14"Cartridge" means a tubular metal case having a projectile
15affixed at the front thereof and a cap or primer at the rear
16end thereof, with the propellant contained in such tube
17between the projectile and the cap.
18    (a-5) A person prohibited from possessing a firearm under
19this Section may petition the Director of State Police for a
20hearing and relief from the prohibition, unless the
21prohibition was based upon a forcible felony, stalking,
22aggravated stalking, domestic battery, any violation of the
23Illinois Controlled Substances Act, the Methamphetamine
24Control and Community Protection Act, or the Cannabis Control
25Act that is classified as a Class 2 or greater felony, any
26felony violation of Article 24 of the Criminal Code of 1961 or

 

 

HB1865- 173 -LRB102 11814 RLC 17149 b

1the Criminal Code of 2012, or any adjudication as a delinquent
2minor for the commission of an offense that if committed by an
3adult would be a felony, in which case the person may petition
4the circuit court in writing in the county of his or her
5residence for a hearing and relief from the prohibition. The
6Director or court may grant the relief if it is established by
7the petitioner to the court's or Director's satisfaction that:
8        (1) when in the circuit court, the State's Attorney
9    has been served with a written copy of the petition at
10    least 30 days before any hearing in the circuit court and
11    at the hearing the State's Attorney was afforded an
12    opportunity to present evidence and object to the
13    petition;
14        (2) the petitioner has not been convicted of a
15    forcible felony under the laws of this State or any other
16    jurisdiction within 20 years of the filing of the
17    petition, or at least 20 years have passed since the end of
18    any period of imprisonment imposed in relation to that
19    conviction;
20        (3) the circumstances regarding a criminal conviction,
21    where applicable, the petitioner's criminal history and
22    his reputation are such that the petitioner will not be
23    likely to act in a manner dangerous to public safety;
24        (4) granting relief would not be contrary to the
25    public interest; and
26        (5) granting relief would not be contrary to federal

 

 

HB1865- 174 -LRB102 11814 RLC 17149 b

1    law.
2    (b) Sentence.
3    Unlawful possession of firearms, other than handguns, and
4firearm ammunition is a Class A misdemeanor. Unlawful
5possession of handguns is a Class 4 felony. The possession of
6each firearm or firearm ammunition in violation of this
7Section constitutes a single and separate violation.
8    (c) Nothing in paragraph (1) of subsection (a) of this
9Section prohibits a person under 18 years of age from
10participating in any lawful recreational activity with a
11firearm such as, but not limited to, practice shooting at
12targets upon established public or private target ranges or
13hunting, trapping, or fishing in accordance with the Wildlife
14Code or the Fish and Aquatic Life Code.
15(Source: P.A. 99-143, eff. 7-27-15.)
 
16    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
17    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
18    (a) A person commits the offense of unlawful discharge of
19firearm projectiles when he or she knowingly or recklessly
20uses an armor piercing bullet, dragon's breath shotgun shell,
21bolo shell, or flechette shell in violation of this Section.
22    For purposes of this Section:
23    "Armor piercing bullet" means any handgun bullet or
24handgun ammunition with projectiles or projectile cores
25constructed entirely (excluding the presence of traces of

 

 

HB1865- 175 -LRB102 11814 RLC 17149 b

1other substances) from tungsten alloys, steel, iron, brass,
2bronze, beryllium copper or depleted uranium, or fully
3jacketed bullets larger than 22 caliber whose jacket has a
4weight of more than 25% of the total weight of the projectile,
5and excluding those handgun projectiles whose cores are
6composed of soft materials such as lead or lead alloys, zinc or
7zinc alloys, frangible projectiles designed primarily for
8sporting purposes, and any other projectiles or projectile
9cores that the U. S. Secretary of the Treasury finds to be
10primarily intended to be used for sporting purposes or
11industrial purposes or that otherwise does not constitute
12"armor piercing ammunition" as that term is defined by federal
13law.
14    "Dragon's breath shotgun shell" means any shotgun shell
15that contains exothermic pyrophoric mesh metal as the
16projectile and is designed for the purpose of throwing or
17spewing a flame or fireball to simulate a flame-thrower.
18    "Bolo shell" means any shell that can be fired in a firearm
19and expels as projectiles 2 or more metal balls connected by
20solid metal wire.
21    "Flechette shell" means any shell that can be fired in a
22firearm and expels 2 or more pieces of fin-stabilized solid
23metal wire or 2 or more solid dart-type projectiles.
24    (b) A person commits a Class X felony when he or she,
25knowing that a firearm, as defined in Section 1.1 of the
26Firearm Owners Identification Card Act, is loaded with an

 

 

HB1865- 176 -LRB102 11814 RLC 17149 b

1armor piercing bullet, dragon's breath shotgun shell, bolo
2shell, or flechette shell, intentionally or recklessly
3discharges such firearm and such bullet or shell strikes any
4other person.
5    (c) Any person who possesses, concealed on or about his or
6her person, an armor piercing bullet, dragon's breath shotgun
7shell, bolo shell, or flechette shell and a firearm suitable
8for the discharge thereof is guilty of a Class 2 felony.
9    (d) This Section does not apply to or affect any of the
10following:
11        (1) Peace officers;
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense;
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard while in
17    the performance of their official duties;
18        (4) Federal officials required to carry firearms,
19    while engaged in the performance of their official duties;
20        (5) United States Marshals, while engaged in the
21    performance of their official duties.
22(Source: P.A. 92-423, eff. 1-1-02.)
 
23    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
24    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
25    (a) It shall be unlawful for any person who holds a license

 

 

HB1865- 177 -LRB102 11814 RLC 17149 b

1to sell at retail any alcoholic liquor issued by the Illinois
2Liquor Control Commission or local liquor control commissioner
3under the Liquor Control Act of 1934 or an agent or employee of
4the licensee to sell or deliver to any other person a firearm
5in or on the real property of the establishment where the
6licensee is licensed to sell alcoholic liquors unless the sale
7or delivery of the firearm is otherwise lawful under this
8Article and under the Firearm Owners Identification Card Act.
9    (b) Sentence. A violation of subsection (a) of this
10Section is a Class 4 felony.
11(Source: P.A. 87-591.)
 
12    (720 ILCS 5/24-3B)
13    Sec. 24-3B. Firearms trafficking.
14    (a) A person commits firearms trafficking when he or she
15is prohibited under federal or State law from possessing a
16firearm has not been issued a currently valid Firearm Owner's
17Identification Card and knowingly:
18        (1) brings, or causes to be brought, into this State,
19    a firearm or 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 or
22    firearm ammunition to any other person; or
23        (2) brings, or causes to be brought, into this State,
24    a firearm and firearm ammunition for the purpose of sale,
25    delivery, or transfer to any other person or with the

 

 

HB1865- 178 -LRB102 11814 RLC 17149 b

1    intent to sell, deliver, or transfer the firearm and
2    firearm ammunition to any other person.
3    (a-5) (Blank). This Section does not apply to:
4        (1) a person exempt under Section 2 of the Firearm
5    Owners Identification Card Act from the requirement of
6    having possession of a Firearm Owner's Identification Card
7    previously issued in his or her name by the Department of
8    State Police in order to acquire or possess a firearm or
9    firearm ammunition;
10        (2) a common carrier under subsection (i) of Section
11    24-2 of this Code; or
12        (3) a non-resident who may lawfully possess a firearm
13    in his or her resident state.
14    (b) Sentence.
15        (1) Firearms trafficking is a Class 1 felony for which
16    the person, if sentenced to a term of imprisonment, shall
17    be sentenced to not less than 4 years and not more than 20
18    years.
19        (2) Firearms trafficking by a person who has been
20    previously convicted of firearms trafficking, gunrunning,
21    or a felony offense for the unlawful sale, delivery, or
22    transfer of a firearm or firearm ammunition in this State
23    or another jurisdiction is a Class X felony.
24(Source: P.A. 99-885, eff. 8-23-16.)
 
25    (720 ILCS 5/24-3.5)

 

 

HB1865- 179 -LRB102 11814 RLC 17149 b

1    Sec. 24-3.5. Unlawful purchase of a firearm.
2    (a) For purposes of this Section, "firearms transaction
3record form" means a form:
4        (1) executed by a transferee of a firearm stating: (i)
5    the transferee's name and address (including county or
6    similar political subdivision); (ii) whether the
7    transferee is a citizen of the United States; (iii) the
8    transferee's State of residence; and (iv) the date and
9    place of birth, height, weight, and race of the
10    transferee; and
11        (2) on which the transferee certifies that he or she
12    is not prohibited by federal law from transporting or
13    shipping a firearm in interstate or foreign commerce or
14    receiving a firearm that has been shipped or transported
15    in interstate or foreign commerce or possessing a firearm
16    in or affecting commerce.
17    (b) A person commits the offense of unlawful purchase of a
18firearm who knowingly purchases or attempts to purchase a
19firearm with the intent to deliver that firearm to another
20person who is prohibited by federal or State law from
21possessing a firearm.
22    (c) A person commits the offense of unlawful purchase of a
23firearm when he or she, in purchasing or attempting to
24purchase a firearm, intentionally provides false or misleading
25information on a United States Department of the Treasury,
26Bureau of Alcohol, Tobacco and Firearms firearms transaction

 

 

HB1865- 180 -LRB102 11814 RLC 17149 b

1record form.
2    (d) Exemption. It is not a violation of subsection (b) of
3this Section for a person to make a gift or loan of a firearm
4to a person who is not prohibited by federal or State law from
5possessing a firearm if the transfer of the firearm is made in
6accordance with Section 3 of the Firearm Owners Identification
7Card Act.
8    (e) Sentence.
9        (1) A person who commits the offense of unlawful
10    purchase of a firearm:
11            (A) is guilty of a Class 2 felony for purchasing or
12        attempting to purchase one firearm;
13            (B) is guilty of a Class 1 felony for purchasing or
14        attempting to purchase not less than 2 firearms and
15        not more than 5 firearms at the same time or within a
16        one year period;
17            (C) is guilty of a Class X felony for which the
18        offender shall be sentenced to a term of imprisonment
19        of not less than 9 years and not more than 40 years for
20        purchasing or attempting to purchase not less than 6
21        firearms at the same time or within a 2 year period.
22        (2) In addition to any other penalty that may be
23    imposed for a violation of this Section, the court may
24    sentence a person convicted of a violation of subsection
25    (c) of this Section to a fine not to exceed $250,000 for
26    each violation.

 

 

HB1865- 181 -LRB102 11814 RLC 17149 b

1    (f) A prosecution for unlawful purchase of a firearm may
2be commenced within 6 years after the commission of the
3offense.
4(Source: P.A. 95-882, eff. 1-1-09.)
 
5    (720 ILCS 5/24-4.1)
6    Sec. 24-4.1. Report of lost or stolen firearms.
7    (a) If a person who possesses a valid Firearm Owner's
8Identification Card and who possesses or acquires a firearm
9thereafter loses the firearm, or if the firearm is stolen from
10the person, the person must report the loss or theft to the
11local law enforcement agency within 72 hours after obtaining
12knowledge of the loss or theft.
13    (b) A law enforcement agency having jurisdiction shall
14take a written report and shall, as soon as practical, enter
15the firearm's serial number as stolen into the Law Enforcement
16Agencies Data System (LEADS).
17    (c) A person shall not be in violation of this Section if:
18        (1) the failure to report is due to an act of God, act
19    of war, or inability of a law enforcement agency to
20    receive the report;
21        (2) the person is hospitalized, in a coma, or is
22    otherwise seriously physically or mentally impaired as to
23    prevent the person from reporting; or
24        (3) the person's designee makes a report if the person
25    is unable to make the report.

 

 

HB1865- 182 -LRB102 11814 RLC 17149 b

1    (d) Sentence. A person who violates this Section is guilty
2of a petty offense for a first violation. A second or
3subsequent violation of this Section is a Class A misdemeanor.
4(Source: P.A. 98-508, eff. 8-19-13.)
 
5    (720 ILCS 5/24-4.5 new)
6    Sec. 24-4.5. Dial up system.
7    (a) The Department of State Police shall provide a dial up
8telephone system or utilize other existing technology which
9shall be used by any federally licensed firearm dealer, gun
10show promoter, or gun show vendor who is to transfer a firearm,
11stun gun, or taser under the provisions of this Code. The
12Department of State Police may utilize existing technology
13which allows the caller to be charged a fee not to exceed $2.
14Fees collected by the Department of State Police shall be
15deposited in the State Police Services Fund and used to
16provide the service.
17    (b) Upon receiving a request from a federally licensed
18firearm dealer, gun show promoter, or gun show vendor, the
19Department of State Police shall immediately approve, or
20within the time period established by Section 24-3 of this
21Code regarding the delivery of firearms, stun guns, and tasers
22notify the inquiring dealer, gun show promoter, or gun show
23vendor of any objection that would disqualify the transferee
24from acquiring or possessing a firearm, stun gun, or taser. In
25conducting the inquiry, the Department of State Police shall

 

 

HB1865- 183 -LRB102 11814 RLC 17149 b

1initiate and complete an automated search of its criminal
2history record information files and those of the Federal
3Bureau of Investigation, including the National Instant
4Criminal Background Check System, and of the files of the
5Department of Human Services relating to mental health and
6developmental disabilities to obtain any felony conviction or
7patient hospitalization information which would disqualify a
8person from obtaining a firearm.
9    (c) If receipt of a firearm would not violate Section 24-3
10of this Code or federal law, the Department of State Police
11shall:
12        (1) assign a unique identification number to the
13    transfer; and
14        (2) provide the licensee, gun show promoter, or gun
15    show vendor with the number.
16    (d) Approvals issued by the Department of State Police for
17the purchase of a firearm are valid for 30 days from the date
18of issue.
19    (e)(1) The Department of State Police must act as the
20Illinois Point of Contact for the National Instant Criminal
21Background Check System.
22    (2) The Department of State Police and the Department of
23Human Services shall, in accordance with State and federal law
24regarding confidentiality, enter into a memorandum of
25understanding with the Federal Bureau of Investigation for the
26purpose of implementing the National Instant Criminal

 

 

HB1865- 184 -LRB102 11814 RLC 17149 b

1Background Check System in the State. The Department of State
2Police shall report the name, date of birth, and physical
3description of any person prohibited from possessing a firearm
4under this Code or 18 U.S.C. 922(g) and (n) to the National
5Instant Criminal Background Check System Index, Denied Persons
6Files.
7    (f) The Department of State Police shall adopt rules not
8inconsistent with this Section to implement this system.
 
9    (720 ILCS 5/24-9)
10    Sec. 24-9. Firearms; Child Protection.
11    (a) Except as provided in subsection (c), it is unlawful
12for any person to store or leave, within premises under his or
13her control, a firearm if the person knows or has reason to
14believe that a minor under the age of 14 years who does not
15have a Firearm Owners Identification Card is likely to gain
16access to the firearm without the lawful permission of the
17person possessing the firearm, minor's parent, guardian, or
18person having charge of the minor, and the minor causes death
19or great bodily harm with the firearm, unless the firearm is:
20        (1) secured by a device or mechanism, other than the
21    firearm safety, designed to render a firearm temporarily
22    inoperable; or
23        (2) placed in a securely locked box or container; or
24        (3) placed in some other location that a reasonable
25    person would believe to be secure from a minor under the

 

 

HB1865- 185 -LRB102 11814 RLC 17149 b

1    age of 14 years.
2    (b) Sentence. A person who violates this Section is guilty
3of a Class C misdemeanor and shall be fined not less than
4$1,000. A second or subsequent violation of this Section is a
5Class A misdemeanor.
6    (c) Subsection (a) does not apply:
7        (1) if the minor under 14 years of age gains access to
8    a firearm and uses it in a lawful act of self-defense or
9    defense of another; or
10        (2) to any firearm obtained by a minor under the age of
11    14 because of an unlawful entry of the premises by the
12    minor or another person.
13    (d) (Blank). For the purposes of this Section, "firearm"
14has the meaning ascribed to it in Section 1.1 of the Firearm
15Owners Identification Card Act.
16(Source: P.A. 91-18, eff. 1-1-00.)
 
17    Section 80. The Methamphetamine Control and Community
18Protection Act is amended by changing Section 10 as follows:
 
19    (720 ILCS 646/10)
20    Sec. 10. Definitions. As used in this Act:
21    "Anhydrous ammonia" has the meaning provided in subsection
22(d) of Section 3 of the Illinois Fertilizer Act of 1961.
23    "Anhydrous ammonia equipment" means all items used to
24store, hold, contain, handle, transfer, transport, or apply

 

 

HB1865- 186 -LRB102 11814 RLC 17149 b

1anhydrous ammonia for lawful purposes.
2    "Booby trap" means any device designed to cause physical
3injury when triggered by an act of a person approaching,
4entering, or moving through a structure, a vehicle, or any
5location where methamphetamine has been manufactured, is being
6manufactured, or is intended to be manufactured.
7    "Deliver" or "delivery" has the meaning provided in
8subsection (h) of Section 102 of the Illinois Controlled
9Substances Act.
10    "Director" means the Director of State Police or the
11Director's designated agents.
12    "Dispose" or "disposal" means to abandon, discharge,
13release, deposit, inject, dump, spill, leak, or place
14methamphetamine waste onto or into any land, water, or well of
15any type so that the waste has the potential to enter the
16environment, be emitted into the air, or be discharged into
17the soil or any waters, including groundwater.
18    "Emergency response" means the act of collecting evidence
19from or securing a methamphetamine laboratory site,
20methamphetamine waste site or other methamphetamine-related
21site and cleaning up the site, whether these actions are
22performed by public entities or private contractors paid by
23public entities.
24    "Emergency service provider" means a local, State, or
25federal peace officer, firefighter, emergency medical
26technician-ambulance, emergency medical

 

 

HB1865- 187 -LRB102 11814 RLC 17149 b

1technician-intermediate, emergency medical
2technician-paramedic, ambulance driver, or other medical or
3first aid personnel rendering aid, or any agent or designee of
4the foregoing.
5    "Finished methamphetamine" means methamphetamine in a form
6commonly used for personal consumption.
7    "Firearm" has the meaning provided in Section 2-7.5 of the
8Criminal Code of 2012 1.1 of the Firearm Owners Identification
9Card Act.
10    "Manufacture" means to produce, prepare, compound,
11convert, process, synthesize, concentrate, purify, separate,
12extract, or package any methamphetamine, methamphetamine
13precursor, methamphetamine manufacturing catalyst,
14methamphetamine manufacturing reagent, methamphetamine
15manufacturing solvent, or any substance containing any of the
16foregoing.
17    "Methamphetamine" means the chemical methamphetamine (a
18Schedule II controlled substance under the Illinois Controlled
19Substances Act) or any salt, optical isomer, salt of optical
20isomer, or analog thereof, with the exception of
213,4-Methylenedioxymethamphetamine (MDMA) or any other
22scheduled substance with a separate listing under the Illinois
23Controlled Substances Act.
24    "Methamphetamine manufacturing catalyst" means any
25substance that has been used, is being used, or is intended to
26be used to activate, accelerate, extend, or improve a chemical

 

 

HB1865- 188 -LRB102 11814 RLC 17149 b

1reaction involved in the manufacture of methamphetamine.
2    "Methamphetamine manufacturing environment" means a
3structure or vehicle in which:
4        (1) methamphetamine is being or has been manufactured;
5        (2) chemicals that are being used, have been used, or
6    are intended to be used to manufacture methamphetamine are
7    stored;
8        (3) methamphetamine manufacturing materials that have
9    been used to manufacture methamphetamine are stored; or
10        (4) methamphetamine manufacturing waste is stored.
11    "Methamphetamine manufacturing material" means any
12methamphetamine precursor, substance containing any
13methamphetamine precursor, methamphetamine manufacturing
14catalyst, substance containing any methamphetamine
15manufacturing catalyst, methamphetamine manufacturing
16reagent, substance containing any methamphetamine
17manufacturing reagent, methamphetamine manufacturing solvent,
18substance containing any methamphetamine manufacturing
19solvent, or any other chemical, substance, ingredient,
20equipment, apparatus, or item that is being used, has been
21used, or is intended to be used in the manufacture of
22methamphetamine.
23    "Methamphetamine manufacturing reagent" means any
24substance other than a methamphetamine manufacturing catalyst
25that has been used, is being used, or is intended to be used to
26react with and chemically alter any methamphetamine precursor.

 

 

HB1865- 189 -LRB102 11814 RLC 17149 b

1    "Methamphetamine manufacturing solvent" means any
2substance that has been used, is being used, or is intended to
3be used as a medium in which any methamphetamine precursor,
4methamphetamine manufacturing catalyst, methamphetamine
5manufacturing reagent, or any substance containing any of the
6foregoing is dissolved, diluted, or washed during any part of
7the methamphetamine manufacturing process.
8    "Methamphetamine manufacturing waste" means any chemical,
9substance, ingredient, equipment, apparatus, or item that is
10left over from, results from, or is produced by the process of
11manufacturing methamphetamine, other than finished
12methamphetamine.
13    "Methamphetamine precursor" means ephedrine,
14pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
15phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
16isomer, or salt of an optical isomer of any of these chemicals.
17    "Multi-unit dwelling" means a unified structure used or
18intended for use as a habitation, home, or residence that
19contains 2 or more condominiums, apartments, hotel rooms,
20motel rooms, or other living units.
21    "Package" means an item marked for retail sale that is not
22designed to be further broken down or subdivided for the
23purpose of retail sale.
24    "Participate" or "participation" in the manufacture of
25methamphetamine means to produce, prepare, compound, convert,
26process, synthesize, concentrate, purify, separate, extract,

 

 

HB1865- 190 -LRB102 11814 RLC 17149 b

1or package any methamphetamine, methamphetamine precursor,
2methamphetamine manufacturing catalyst, methamphetamine
3manufacturing reagent, methamphetamine manufacturing solvent,
4or any substance containing any of the foregoing, or to assist
5in any of these actions, or to attempt to take any of these
6actions, regardless of whether this action or these actions
7result in the production of finished methamphetamine.
8    "Person with a disability" means a person who suffers from
9a permanent physical or mental impairment resulting from
10disease, injury, functional disorder, or congenital condition
11which renders the person incapable of adequately providing for
12his or her own health and personal care.
13    "Procure" means to purchase, steal, gather, or otherwise
14obtain, by legal or illegal means, or to cause another to take
15such action.
16    "Second or subsequent offense" means an offense under this
17Act committed by an offender who previously committed an
18offense under this Act, the Illinois Controlled Substances
19Act, the Cannabis Control Act, or another Act of this State,
20another state, or the United States relating to
21methamphetamine, cannabis, or any other controlled substance.
22    "Standard dosage form", as used in relation to any
23methamphetamine precursor, means that the methamphetamine
24precursor is contained in a pill, tablet, capsule, caplet, gel
25cap, or liquid cap that has been manufactured by a lawful
26entity and contains a standard quantity of methamphetamine

 

 

HB1865- 191 -LRB102 11814 RLC 17149 b

1precursor.
2    "Unauthorized container", as used in relation to anhydrous
3ammonia, means any container that is not designed for the
4specific and sole purpose of holding, storing, transporting,
5or applying anhydrous ammonia. "Unauthorized container"
6includes, but is not limited to, any propane tank, fire
7extinguisher, oxygen cylinder, gasoline can, food or beverage
8cooler, or compressed gas cylinder used in dispensing fountain
9drinks. "Unauthorized container" does not encompass anhydrous
10ammonia manufacturing plants, refrigeration systems where
11anhydrous ammonia is used solely as a refrigerant, anhydrous
12ammonia transportation pipelines, anhydrous ammonia tankers,
13or anhydrous ammonia barges.
14(Source: P.A. 97-434, eff. 1-1-12.)
 
15    Section 85. The Code of Criminal Procedure of 1963 is
16amended by changing Sections 102-7.1, 110-10, 112A-11.1,
17112A-11.2, and 112A-14 as follows:
 
18    (725 ILCS 5/102-7.1)
19    Sec. 102-7.1. "Category A offense". "Category A offense"
20means a Class 1 felony, Class 2 felony, Class X felony, first
21degree murder, a violation of Section 11-204 of the Illinois
22Vehicle Code, a second or subsequent violation of Section
2311-501 of the Illinois Vehicle Code, a violation of subsection
24(d) of Section 11-501 of the Illinois Vehicle Code, a

 

 

HB1865- 192 -LRB102 11814 RLC 17149 b

1violation of Section 11-401 of the Illinois Vehicle Code if
2the accident results in injury and the person failed to report
3the accident within 30 minutes, a violation of Section 9-3,
49-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
511-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
612-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
724-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
8second or subsequent violation of 12-3.2 or 12-3.4 of the
9Criminal Code of 2012, a violation of paragraph (5) or (6) of
10subsection (b) of Section 10-9 of the Criminal Code of 2012, a
11violation of subsection (b) or (c) or paragraph (1) or (2) of
12subsection (a) of Section 11-1.50 of the Criminal Code of
132012, a violation of Section 12-7 of the Criminal Code of 2012
14if the defendant inflicts bodily harm on the victim to obtain a
15confession, statement, or information, a violation of Section
1612-7.5 of the Criminal Code of 2012 if the action results in
17bodily harm, a violation of paragraph (3) of subsection (b) of
18Section 17-2 of the Criminal Code of 2012, a violation of
19subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
202012, a violation of paragraph (6) of subsection (a) of
21Section 24-1 of the Criminal Code of 2012, a first violation of
22Section 24-1.6 of the Criminal Code of 2012 by a person 18
23years of age or older where the factors listed in both items
24(A) and (C) or both items (A-5) and (C) of paragraph (3) of
25subsection (a) of Section 24-1.6 of the Criminal Code of 2012
26are present, a Class 3 felony violation of paragraph (1) of

 

 

HB1865- 193 -LRB102 11814 RLC 17149 b

1subsection (a) of Section 2 of the Firearm Owners
2Identification Card Act committed before the effective date of
3this amendatory Act of the 102nd General Assembly, or a
4violation of Section 10 of the Sex Offender Registration Act.
5(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
6    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
7    Sec. 110-10. Conditions of bail bond.
8    (a) If a person is released prior to conviction, either
9upon payment of bail security or on his or her own
10recognizance, the conditions of the bail bond shall be that he
11or she will:
12        (1) Appear to answer the charge in the court having
13    jurisdiction on a day certain and thereafter as ordered by
14    the court until discharged or final order of the court;
15        (2) Submit himself or herself to the orders and
16    process of the court;
17        (3) Not depart this State without leave of the court;
18        (4) Not violate any criminal statute of any
19    jurisdiction;
20        (5) At a time and place designated by the court,
21    surrender all firearms in his or her possession to a law
22    enforcement officer designated by the court to take
23    custody of and impound the firearms and physically
24    surrender his or her Firearm Owner's Identification Card
25    to the clerk of the circuit court when the offense the

 

 

HB1865- 194 -LRB102 11814 RLC 17149 b

1    person has been charged with is a forcible felony,
2    stalking, aggravated stalking, domestic battery, any
3    violation of the Illinois Controlled Substances Act, the
4    Methamphetamine Control and Community Protection Act, or
5    the Cannabis Control Act that is classified as a Class 2 or
6    greater felony, or any felony violation of Article 24 of
7    the Criminal Code of 1961 or the Criminal Code of 2012; the
8    court may, however, forgo the imposition of this condition
9    when the circumstances of the case clearly do not warrant
10    it or when its imposition would be impractical; if the
11    Firearm Owner's Identification Card is confiscated, the
12    clerk of the circuit court shall mail the confiscated card
13    to the Illinois State Police; all legally possessed
14    firearms shall be returned to the person upon the charges
15    being dismissed, or if the person is found not guilty,
16    unless the finding of not guilty is by reason of insanity;
17    and
18        (6) At a time and place designated by the court,
19    submit to a psychological evaluation when the person has
20    been charged with a violation of item (4) of subsection
21    (a) of Section 24-1 of the Criminal Code of 1961 or the
22    Criminal Code of 2012 and that violation occurred in a
23    school or in any conveyance owned, leased, or contracted
24    by a school to transport students to or from school or a
25    school-related activity, or on any public way within 1,000
26    feet of real property comprising any school.

 

 

HB1865- 195 -LRB102 11814 RLC 17149 b

1    Psychological evaluations ordered pursuant to this Section
2shall be completed promptly and made available to the State,
3the defendant, and the court. As a further condition of bail
4under these circumstances, the court shall order the defendant
5to refrain from entering upon the property of the school,
6including any conveyance owned, leased, or contracted by a
7school to transport students to or from school or a
8school-related activity, or on any public way within 1,000
9feet of real property comprising any school. Upon receipt of
10the psychological evaluation, either the State or the
11defendant may request a change in the conditions of bail,
12pursuant to Section 110-6 of this Code. The court may change
13the conditions of bail to include a requirement that the
14defendant follow the recommendations of the psychological
15evaluation, including undergoing psychiatric treatment. The
16conclusions of the psychological evaluation and any statements
17elicited from the defendant during its administration are not
18admissible as evidence of guilt during the course of any trial
19on the charged offense, unless the defendant places his or her
20mental competency in issue.
21    (b) The court may impose other conditions, such as the
22following, if the court finds that such conditions are
23reasonably necessary to assure the defendant's appearance in
24court, protect the public from the defendant, or prevent the
25defendant's unlawful interference with the orderly
26administration of justice:

 

 

HB1865- 196 -LRB102 11814 RLC 17149 b

1        (1) Report to or appear in person before such person
2    or agency as the court may direct;
3        (2) Refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) Refrain from approaching or communicating with
6    particular persons or classes of persons;
7        (4) Refrain from going to certain described
8    geographical areas or premises;
9        (5) Refrain from engaging in certain activities or
10    indulging in intoxicating liquors or in certain drugs;
11        (6) Undergo treatment for drug addiction or
12    alcoholism;
13        (7) Undergo medical or psychiatric treatment;
14        (8) Work or pursue a course of study or vocational
15    training;
16        (9) Attend or reside in a facility designated by the
17    court;
18        (10) Support his or her dependents;
19        (11) If a minor resides with his or her parents or in a
20    foster home, attend school, attend a non-residential
21    program for youths, and contribute to his or her own
22    support at home or in a foster home;
23        (12) Observe any curfew ordered by the court;
24        (13) Remain in the custody of such designated person
25    or organization agreeing to supervise his release. Such
26    third party custodian shall be responsible for notifying

 

 

HB1865- 197 -LRB102 11814 RLC 17149 b

1    the court if the defendant fails to observe the conditions
2    of release which the custodian has agreed to monitor, and
3    shall be subject to contempt of court for failure so to
4    notify the court;
5        (14) Be placed under direct supervision of the
6    Pretrial Services Agency, Probation Department or Court
7    Services Department in a pretrial bond home supervision
8    capacity with or without the use of an approved electronic
9    monitoring device subject to Article 8A of Chapter V of
10    the Unified Code of Corrections;
11        (14.1) The court shall impose upon a defendant who is
12    charged with any alcohol, cannabis, methamphetamine, or
13    controlled substance violation and is placed under direct
14    supervision of the Pretrial Services Agency, Probation
15    Department or Court Services Department in a pretrial bond
16    home supervision capacity with the use of an approved
17    monitoring device, as a condition of such bail bond, a fee
18    that represents costs incidental to the electronic
19    monitoring for each day of such bail supervision ordered
20    by the court, unless after determining the inability of
21    the defendant to pay the fee, the court assesses a lesser
22    fee or no fee as the case may be. The fee shall be
23    collected by the clerk of the circuit court, except as
24    provided in an administrative order of the Chief Judge of
25    the circuit court. The clerk of the circuit court shall
26    pay all monies collected from this fee to the county

 

 

HB1865- 198 -LRB102 11814 RLC 17149 b

1    treasurer for deposit in the substance abuse services fund
2    under Section 5-1086.1 of the Counties Code, except as
3    provided in an administrative order of the Chief Judge of
4    the circuit court.
5        The Chief Judge of the circuit court of the county may
6    by administrative order establish a program for electronic
7    monitoring of offenders with regard to drug-related and
8    alcohol-related offenses, in which a vendor supplies and
9    monitors the operation of the electronic monitoring
10    device, and collects the fees on behalf of the county. The
11    program shall include provisions for indigent offenders
12    and the collection of unpaid fees. The program shall not
13    unduly burden the offender and shall be subject to review
14    by the Chief Judge.
15        The Chief Judge of the circuit court may suspend any
16    additional charges or fees for late payment, interest, or
17    damage to any device;
18        (14.2) The court shall impose upon all defendants,
19    including those defendants subject to paragraph (14.1)
20    above, placed under direct supervision of the Pretrial
21    Services Agency, Probation Department or Court Services
22    Department in a pretrial bond home supervision capacity
23    with the use of an approved monitoring device, as a
24    condition of such bail bond, a fee which shall represent
25    costs incidental to such electronic monitoring for each
26    day of such bail supervision ordered by the court, unless

 

 

HB1865- 199 -LRB102 11814 RLC 17149 b

1    after determining the inability of the defendant to pay
2    the fee, the court assesses a lesser fee or no fee as the
3    case may be. The fee shall be collected by the clerk of the
4    circuit court, except as provided in an administrative
5    order of the Chief Judge of the circuit court. The clerk of
6    the circuit court shall pay all monies collected from this
7    fee to the county treasurer who shall use the monies
8    collected to defray the costs of corrections. The county
9    treasurer shall deposit the fee collected in the county
10    working cash fund under Section 6-27001 or Section 6-29002
11    of the Counties Code, as the case may be, except as
12    provided in an administrative order of the Chief Judge of
13    the circuit court.
14        The Chief Judge of the circuit court of the county may
15    by administrative order establish a program for electronic
16    monitoring of offenders with regard to drug-related and
17    alcohol-related offenses, in which a vendor supplies and
18    monitors the operation of the electronic monitoring
19    device, and collects the fees on behalf of the county. The
20    program shall include provisions for indigent offenders
21    and the collection of unpaid fees. The program shall not
22    unduly burden the offender and shall be subject to review
23    by the Chief Judge.
24        The Chief Judge of the circuit court may suspend any
25    additional charges or fees for late payment, interest, or
26    damage to any device;

 

 

HB1865- 200 -LRB102 11814 RLC 17149 b

1        (14.3) The Chief Judge of the Judicial Circuit may
2    establish reasonable fees to be paid by a person receiving
3    pretrial services while under supervision of a pretrial
4    services agency, probation department, or court services
5    department. Reasonable fees may be charged for pretrial
6    services including, but not limited to, pretrial
7    supervision, diversion programs, electronic monitoring,
8    victim impact services, drug and alcohol testing, DNA
9    testing, GPS electronic monitoring, assessments and
10    evaluations related to domestic violence and other
11    victims, and victim mediation services. The person
12    receiving pretrial services may be ordered to pay all
13    costs incidental to pretrial services in accordance with
14    his or her ability to pay those costs;
15        (14.4) For persons charged with violating Section
16    11-501 of the Illinois Vehicle Code, refrain from
17    operating a motor vehicle not equipped with an ignition
18    interlock device, as defined in Section 1-129.1 of the
19    Illinois Vehicle Code, pursuant to the rules promulgated
20    by the Secretary of State for the installation of ignition
21    interlock devices. Under this condition the court may
22    allow a defendant who is not self-employed to operate a
23    vehicle owned by the defendant's employer that is not
24    equipped with an ignition interlock device in the course
25    and scope of the defendant's employment;
26        (15) Comply with the terms and conditions of an order

 

 

HB1865- 201 -LRB102 11814 RLC 17149 b

1    of protection issued by the court under the Illinois
2    Domestic Violence Act of 1986 or an order of protection
3    issued by the court of another state, tribe, or United
4    States territory;
5        (16) Under Section 110-6.5 comply with the conditions
6    of the drug testing program; and
7        (17) Such other reasonable conditions as the court may
8    impose.
9    (c) When a person is charged with an offense under Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012, involving a victim who is a minor under
1318 years of age living in the same household with the defendant
14at the time of the offense, in granting bail or releasing the
15defendant on his own recognizance, the judge shall impose
16conditions to restrict the defendant's access to the victim
17which may include, but are not limited to conditions that he
18will:
19        1. Vacate the household.
20        2. Make payment of temporary support to his
21    dependents.
22        3. Refrain from contact or communication with the
23    child victim, except as ordered by the court.
24    (d) When a person is charged with a criminal offense and
25the victim is a family or household member as defined in
26Article 112A, conditions shall be imposed at the time of the

 

 

HB1865- 202 -LRB102 11814 RLC 17149 b

1defendant's release on bond that restrict the defendant's
2access to the victim. Unless provided otherwise by the court,
3the restrictions shall include requirements that the defendant
4do the following:
5        (1) refrain from contact or communication with the
6    victim for a minimum period of 72 hours following the
7    defendant's release; and
8        (2) refrain from entering or remaining at the victim's
9    residence for a minimum period of 72 hours following the
10    defendant's release.
11    (e) Local law enforcement agencies shall develop
12standardized bond forms for use in cases involving family or
13household members as defined in Article 112A, including
14specific conditions of bond as provided in subsection (d).
15Failure of any law enforcement department to develop or use
16those forms shall in no way limit the applicability and
17enforcement of subsections (d) and (f).
18    (f) If the defendant is admitted to bail after conviction
19the conditions of the bail bond shall be that he will, in
20addition to the conditions set forth in subsections (a) and
21(b) hereof:
22        (1) Duly prosecute his appeal;
23        (2) Appear at such time and place as the court may
24    direct;
25        (3) Not depart this State without leave of the court;
26        (4) Comply with such other reasonable conditions as

 

 

HB1865- 203 -LRB102 11814 RLC 17149 b

1    the court may impose; and
2        (5) If the judgment is affirmed or the cause reversed
3    and remanded for a new trial, forthwith surrender to the
4    officer from whose custody he was bailed.
5    (g) Upon a finding of guilty for any felony offense, the
6defendant shall physically surrender, at a time and place
7designated by the court, any and all firearms in his or her
8possession and his or her Firearm Owner's Identification Card
9as a condition of remaining on bond pending sentencing.
10    (h) In the event the defendant is unable to post bond, the
11court may impose a no contact provision with the victim or
12other interested party that shall be enforced while the
13defendant remains in custody.
14(Source: P.A. 101-138, eff. 1-1-20.)
 
15    (725 ILCS 5/112A-11.1)
16    Sec. 112A-11.1. Procedure for determining whether certain
17misdemeanor crimes are crimes of domestic violence for
18purposes of federal law.
19    (a) When a defendant has been charged with a violation of
20Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
21Criminal Code of 1961 or the Criminal Code of 2012, the State
22may, at arraignment or no later than 45 days after
23arraignment, for the purpose of notification to the Department
24of State Police Firearm Owner's Identification Card Office,
25serve on the defendant and file with the court a notice

 

 

HB1865- 204 -LRB102 11814 RLC 17149 b

1alleging that conviction of the offense would subject the
2defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
3of the relationship between the defendant and the alleged
4victim and the nature of the alleged offense.
5    (b) The notice shall include the name of the person
6alleged to be the victim of the crime and shall specify the
7nature of the alleged relationship as set forth in 18 U.S.C.
8921(a)(33)(A)(ii). It shall also specify the element of the
9charged offense which requires the use or attempted use of
10physical force, or the threatened use of a deadly weapon, as
11set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
12notice that the defendant is entitled to a hearing on the
13allegation contained in the notice and that if the allegation
14is sustained, that determination and conviction shall be
15reported to the Department of State Police Firearm Owner's
16Identification Card Office.
17    (c) After having been notified as provided in subsection
18(b) of this Section, the defendant may stipulate or admit,
19orally on the record or in writing, that conviction of the
20offense would subject the defendant to the prohibitions of 18
21U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
22922(g)(9) shall be deemed established for purposes of Section
23112A-11.2. If the defendant denies the applicability of 18
24U.S.C. 922(g)(9) as alleged in the notice served by the State,
25or stands mute with respect to that allegation, then the State
26shall bear the burden to prove beyond a reasonable doubt that

 

 

HB1865- 205 -LRB102 11814 RLC 17149 b

1the offense is one to which the prohibitions of 18 U.S.C.
2922(g)(9) apply. The court may consider reliable hearsay
3evidence submitted by either party provided that it is
4relevant to the determination of the allegation. Facts
5previously proven at trial or elicited at the time of entry of
6a plea of guilty shall be deemed established beyond a
7reasonable doubt and shall not be relitigated. At the
8conclusion of the hearing, or upon a stipulation or admission,
9as applicable, the court shall make a specific written
10determination with respect to the allegation.
11(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
12    (725 ILCS 5/112A-11.2)
13    Sec. 112A-11.2. Notification to the Department of State
14Police Firearm Owner's Identification Card Office of
15determinations in certain misdemeanor cases. Upon judgment of
16conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1712-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
18Code of 2012 when the defendant has been determined, under
19Section 112A-11.1, to be subject to the prohibitions of 18
20U.S.C. 922(g)(9), the circuit court clerk shall include
21notification and a copy of the written determination in a
22report of the conviction to the Department of State Police
23Firearm Owner's Identification Card Office to enable the
24office to report that determination to the Federal Bureau of
25Investigation and assist the Bureau in identifying persons

 

 

HB1865- 206 -LRB102 11814 RLC 17149 b

1prohibited from purchasing and possessing a firearm pursuant
2to the provisions of 18 U.S.C. 922.
3(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
4    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
5    Sec. 112A-14. Domestic violence order of protection;
6remedies.
7    (a) (Blank).
8    (b) The court may order any of the remedies listed in this
9subsection (b). The remedies listed in this subsection (b)
10shall be in addition to other civil or criminal remedies
11available to petitioner.
12        (1) Prohibition of abuse. Prohibit respondent's
13    harassment, interference with personal liberty,
14    intimidation of a dependent, physical abuse, or willful
15    deprivation, as defined in this Article, if such abuse has
16    occurred or otherwise appears likely to occur if not
17    prohibited.
18        (2) Grant of exclusive possession of residence.
19    Prohibit respondent from entering or remaining in any
20    residence, household, or premises of the petitioner,
21    including one owned or leased by respondent, if petitioner
22    has a right to occupancy thereof. The grant of exclusive
23    possession of the residence, household, or premises shall
24    not affect title to real property, nor shall the court be
25    limited by the standard set forth in subsection (c-2) of

 

 

HB1865- 207 -LRB102 11814 RLC 17149 b

1    Section 501 of the Illinois Marriage and Dissolution of
2    Marriage Act.
3            (A) Right to occupancy. A party has a right to
4        occupancy of a residence or household if it is solely
5        or jointly owned or leased by that party, that party's
6        spouse, a person with a legal duty to support that
7        party or a minor child in that party's care, or by any
8        person or entity other than the opposing party that
9        authorizes that party's occupancy (e.g., a domestic
10        violence shelter). Standards set forth in subparagraph
11        (B) shall not preclude equitable relief.
12            (B) Presumption of hardships. If petitioner and
13        respondent each has the right to occupancy of a
14        residence or household, the court shall balance (i)
15        the hardships to respondent and any minor child or
16        dependent adult in respondent's care resulting from
17        entry of this remedy with (ii) the hardships to
18        petitioner and any minor child or dependent adult in
19        petitioner's care resulting from continued exposure to
20        the risk of abuse (should petitioner remain at the
21        residence or household) or from loss of possession of
22        the residence or household (should petitioner leave to
23        avoid the risk of abuse). When determining the balance
24        of hardships, the court shall also take into account
25        the accessibility of the residence or household.
26        Hardships need not be balanced if respondent does not

 

 

HB1865- 208 -LRB102 11814 RLC 17149 b

1        have a right to occupancy.
2            The balance of hardships is presumed to favor
3        possession by petitioner unless the presumption is
4        rebutted by a preponderance of the evidence, showing
5        that the hardships to respondent substantially
6        outweigh the hardships to petitioner and any minor
7        child or dependent adult in petitioner's care. The
8        court, on the request of petitioner or on its own
9        motion, may order respondent to provide suitable,
10        accessible, alternate housing for petitioner instead
11        of excluding respondent from a mutual residence or
12        household.
13        (3) Stay away order and additional prohibitions. Order
14    respondent to stay away from petitioner or any other
15    person protected by the domestic violence order of
16    protection, or prohibit respondent from entering or
17    remaining present at petitioner's school, place of
18    employment, or other specified places at times when
19    petitioner is present, or both, if reasonable, given the
20    balance of hardships. Hardships need not be balanced for
21    the court to enter a stay away order or prohibit entry if
22    respondent has no right to enter the premises.
23            (A) If a domestic violence order of protection
24        grants petitioner exclusive possession of the
25        residence, prohibits respondent from entering the
26        residence, or orders respondent to stay away from

 

 

HB1865- 209 -LRB102 11814 RLC 17149 b

1        petitioner or other protected persons, then the court
2        may allow respondent access to the residence to remove
3        items of clothing and personal adornment used
4        exclusively by respondent, medications, and other
5        items as the court directs. The right to access shall
6        be exercised on only one occasion as the court directs
7        and in the presence of an agreed-upon adult third
8        party or law enforcement officer.
9            (B) When the petitioner and the respondent attend
10        the same public, private, or non-public elementary,
11        middle, or high school, the court when issuing a
12        domestic violence order of protection and providing
13        relief shall consider the severity of the act, any
14        continuing physical danger or emotional distress to
15        the petitioner, the educational rights guaranteed to
16        the petitioner and respondent under federal and State
17        law, the availability of a transfer of the respondent
18        to another school, a change of placement or a change of
19        program of the respondent, the expense, difficulty,
20        and educational disruption that would be caused by a
21        transfer of the respondent to another school, and any
22        other relevant facts of the case. The court may order
23        that the respondent not attend the public, private, or
24        non-public elementary, middle, or high school attended
25        by the petitioner, order that the respondent accept a
26        change of placement or change of program, as

 

 

HB1865- 210 -LRB102 11814 RLC 17149 b

1        determined by the school district or private or
2        non-public school, or place restrictions on the
3        respondent's movements within the school attended by
4        the petitioner. The respondent bears the burden of
5        proving by a preponderance of the evidence that a
6        transfer, change of placement, or change of program of
7        the respondent is not available. The respondent also
8        bears the burden of production with respect to the
9        expense, difficulty, and educational disruption that
10        would be caused by a transfer of the respondent to
11        another school. A transfer, change of placement, or
12        change of program is not unavailable to the respondent
13        solely on the ground that the respondent does not
14        agree with the school district's or private or
15        non-public school's transfer, change of placement, or
16        change of program or solely on the ground that the
17        respondent fails or refuses to consent or otherwise
18        does not take an action required to effectuate a
19        transfer, change of placement, or change of program.
20        When a court orders a respondent to stay away from the
21        public, private, or non-public school attended by the
22        petitioner and the respondent requests a transfer to
23        another attendance center within the respondent's
24        school district or private or non-public school, the
25        school district or private or non-public school shall
26        have sole discretion to determine the attendance

 

 

HB1865- 211 -LRB102 11814 RLC 17149 b

1        center to which the respondent is transferred. If the
2        court order results in a transfer of the minor
3        respondent to another attendance center, a change in
4        the respondent's placement, or a change of the
5        respondent's program, the parents, guardian, or legal
6        custodian of the respondent is responsible for
7        transportation and other costs associated with the
8        transfer or change.
9            (C) The court may order the parents, guardian, or
10        legal custodian of a minor respondent to take certain
11        actions or to refrain from taking certain actions to
12        ensure that the respondent complies with the order. If
13        the court orders a transfer of the respondent to
14        another school, the parents, guardian, or legal
15        custodian of the respondent is responsible for
16        transportation and other costs associated with the
17        change of school by the respondent.
18        (4) Counseling. Require or recommend the respondent to
19    undergo counseling for a specified duration with a social
20    worker, psychologist, clinical psychologist,
21    psychiatrist, family service agency, alcohol or substance
22    abuse program, mental health center guidance counselor,
23    agency providing services to elders, program designed for
24    domestic violence abusers, or any other guidance service
25    the court deems appropriate. The court may order the
26    respondent in any intimate partner relationship to report

 

 

HB1865- 212 -LRB102 11814 RLC 17149 b

1    to an Illinois Department of Human Services protocol
2    approved partner abuse intervention program for an
3    assessment and to follow all recommended treatment.
4        (5) Physical care and possession of the minor child.
5    In order to protect the minor child from abuse, neglect,
6    or unwarranted separation from the person who has been the
7    minor child's primary caretaker, or to otherwise protect
8    the well-being of the minor child, the court may do either
9    or both of the following: (i) grant petitioner physical
10    care or possession of the minor child, or both, or (ii)
11    order respondent to return a minor child to, or not remove
12    a minor child from, the physical care of a parent or person
13    in loco parentis.
14        If the respondent is charged with abuse (as defined in
15    Section 112A-3 of this Code) of a minor child, there shall
16    be a rebuttable presumption that awarding physical care to
17    respondent would not be in the minor child's best
18    interest.
19        (6) Temporary allocation of parental responsibilities
20    and significant decision-making responsibilities. Award
21    temporary significant decision-making responsibility to
22 &