102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4376

 

Introduced 1/21/2022, by Rep. Paul Jacobs

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB102 21797 RLC 30917 b

 

 

A BILL FOR

 

HB4376LRB102 21797 RLC 30917 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 3. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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1    setting, or specific volunteers of the public body or
2    legal counsel for the public body, including hearing
3    testimony on a complaint lodged against an employee, a
4    specific individual who serves as an independent
5    contractor in a park, recreational, or educational
6    setting, or a volunteer of the public body or against
7    legal counsel for the public body to determine its
8    validity. However, a meeting to consider an increase in
9    compensation to a specific employee of a public body that
10    is subject to the Local Government Wage Increase
11    Transparency Act may not be closed and shall be open to the
12    public and posted and held in accordance with this Act.
13        (2) Collective negotiating matters between the public
14    body and its employees or their representatives, or
15    deliberations concerning salary schedules for one or more
16    classes of employees.
17        (3) The selection of a person to fill a public office,
18    as defined in this Act, including a vacancy in a public
19    office, when the public body is given power to appoint
20    under law or ordinance, or the discipline, performance or
21    removal of the occupant of a public office, when the
22    public body is given power to remove the occupant under
23    law or ordinance.
24        (4) Evidence or testimony presented in open hearing,
25    or in closed hearing where specifically authorized by law,
26    to a quasi-adjudicative body, as defined in this Act,

 

 

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1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the
6    purpose of discussing whether a particular parcel should
7    be acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments,
11    or investment contracts. This exception shall not apply to
12    the investment of assets or income of funds deposited into
13    the Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to
16    respond to an actual, a threatened, or a reasonably
17    potential danger to the safety of employees, students,
18    staff, the public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or

 

 

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1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public
13    body is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair
17    housing practices and creating a commission or
18    administrative agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.

 

 

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1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a
14    hospital, or other institution providing medical care,
15    that is operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes

 

 

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1    as mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal

 

 

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1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) Meetings and deliberations for decisions of the
12    Concealed Carry Licensing Review Board under the Firearm
13    Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances
23    Act during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of

 

 

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1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12        (37) Deliberations for decisions of the Illinois Law
13    Enforcement Training Standards Board, the Certification
14    Review Panel, and the Illinois State Police Merit Board
15    regarding certification and decertification.
16        (38) Meetings of the Ad Hoc Statewide Domestic
17    Violence Fatality Review Committee of the Illinois
18    Criminal Justice Information Authority Board that occur in
19    closed executive session under subsection (d) of Section
20    35 of the Domestic Violence Fatality Review Act.
21        (39) Meetings of the regional review teams under
22    subsection (a) of Section 75 of the Domestic Violence
23    Fatality Review Act.
24        (40) (38) Meetings of the Firearm Owner's
25    Identification Card Review Board under Section 10 of the
26    Firearm Owners Identification Card Act before the

 

 

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1    effective date of this amendatory Act of the 102nd General
2    Assembly.
3    (d) Definitions. For purposes of this Section:
4    "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8    "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16    "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
21challenges.
22    (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other
25information that will inform the public of the business being
26conducted.

 

 

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1(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
2101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
38-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
 
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
24    to known or suspected cases of sexually transmissible

 

 

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

 

 

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1    enforcement agency or the Department of Transportation
2    under Section 11-212 of the Illinois Vehicle Code.
3        (l) Records and information provided to a residential
4    health care facility resident sexual assault and death
5    review team or the Executive Council under the Abuse
6    Prevention Review Team Act.
7        (m) Information provided to the predatory lending
8    database created pursuant to Article 3 of the Residential
9    Real Property Disclosure Act, except to the extent
10    authorized under that Article.
11        (n) Defense budgets and petitions for certification of
12    compensation and expenses for court appointed trial
13    counsel as provided under Sections 10 and 15 of the
14    Capital Crimes Litigation Act. This subsection (n) shall
15    apply until the conclusion of the trial of the case, even
16    if the prosecution chooses not to pursue the death penalty
17    prior to trial or sentencing.
18        (o) Information that is prohibited from being
19    disclosed under Section 4 of the Illinois Health and
20    Hazardous Substances Registry Act.
21        (p) Security portions of system safety program plans,
22    investigation reports, surveys, schedules, lists, data, or
23    information compiled, collected, or prepared by or for the
24    Department of Transportation under Sections 2705-300 and
25    2705-616 of the Department of Transportation Law of the
26    Civil Administrative Code of Illinois, the Regional

 

 

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1    Transportation Authority under Section 2.11 of the
2    Regional Transportation Authority Act, or the St. Clair
3    County Transit District under the Bi-State Transit Safety
4    Act.
5        (q) Information prohibited from being disclosed by the
6    Personnel Record Review Act.
7        (r) Information prohibited from being disclosed by the
8    Illinois School Student Records Act.
9        (s) Information the disclosure of which is restricted
10    under Section 5-108 of the Public Utilities Act.
11        (t) All identified or deidentified health information
12    in the form of health data or medical records contained
13    in, stored in, submitted to, transferred by, or released
14    from the Illinois Health Information Exchange, and
15    identified or deidentified health information in the form
16    of health data and medical records of the Illinois Health
17    Information Exchange in the possession of the Illinois
18    Health Information Exchange Office due to its
19    administration of the Illinois Health Information
20    Exchange. The terms "identified" and "deidentified" shall
21    be given the same meaning as in the Health Insurance
22    Portability and Accountability Act of 1996, Public Law
23    104-191, or any subsequent amendments thereto, and any
24    regulations promulgated thereunder.
25        (u) Records and information provided to an independent
26    team of experts under the Developmental Disability and

 

 

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1    Mental Health Safety Act (also known as Brian's Law).
2        (v) Names and information of people who have applied
3    for or received Firearm Owner's Identification Cards under
4    the Firearm Owners Identification Card Act before the
5    effective date of this amendatory Act of the 102nd General
6    Assembly or applied for or received a concealed carry
7    license under the Firearm Concealed Carry Act, unless
8    otherwise authorized by the Firearm Concealed Carry Act;
9    and databases under the Firearm Concealed Carry Act,
10    records of the Concealed Carry Licensing Review Board
11    under the Firearm Concealed Carry Act, and law enforcement
12    agency objections under the Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act
16    before the effective date of this amendatory Act of the
17    102nd General Assembly.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of
4    an eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.

 

 

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1        (hh) Records that are exempt from disclosure under
2    Section 1A-16.7 of the Election Code.
3        (ii) Information which is exempted from disclosure
4    under Section 2505-800 of the Department of Revenue Law of
5    the Civil Administrative Code of Illinois.
6        (jj) Information and reports that are required to be
7    submitted to the Department of Labor by registering day
8    and temporary labor service agencies but are exempt from
9    disclosure under subsection (a-1) of Section 45 of the Day
10    and Temporary Labor Services Act.
11        (kk) Information prohibited from disclosure under the
12    Seizure and Forfeiture Reporting Act.
13        (ll) Information the disclosure of which is restricted
14    and exempted under Section 5-30.8 of the Illinois Public
15    Aid Code.
16        (mm) Records that are exempt from disclosure under
17    Section 4.2 of the Crime Victims Compensation Act.
18        (nn) Information that is exempt from disclosure under
19    Section 70 of the Higher Education Student Assistance Act.
20        (oo) Communications, notes, records, and reports
21    arising out of a peer support counseling session
22    prohibited from disclosure under the First Responders
23    Suicide Prevention Act.
24        (pp) Names and all identifying information relating to
25    an employee of an emergency services provider or law
26    enforcement agency under the First Responders Suicide

 

 

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1    Prevention Act.
2        (qq) Information and records held by the Department of
3    Public Health and its authorized representatives collected
4    under the Reproductive Health Act.
5        (rr) Information that is exempt from disclosure under
6    the Cannabis Regulation and Tax Act.
7        (ss) Data reported by an employer to the Department of
8    Human Rights pursuant to Section 2-108 of the Illinois
9    Human Rights Act.
10        (tt) Recordings made under the Children's Advocacy
11    Center Act, except to the extent authorized under that
12    Act.
13        (uu) Information that is exempt from disclosure under
14    Section 50 of the Sexual Assault Evidence Submission Act.
15        (vv) Information that is exempt from disclosure under
16    subsections (f) and (j) of Section 5-36 of the Illinois
17    Public Aid Code.
18        (ww) Information that is exempt from disclosure under
19    Section 16.8 of the State Treasurer Act.
20        (xx) Information that is exempt from disclosure or
21    information that shall not be made public under the
22    Illinois Insurance Code.
23        (yy) Information prohibited from being disclosed under
24    the Illinois Educational Labor Relations Act.
25        (zz) Information prohibited from being disclosed under
26    the Illinois Public Labor Relations Act.

 

 

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1        (aaa) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3        (bbb) (ccc) Information that is prohibited from
4    disclosure by the Illinois Police Training Act and the
5    Illinois State Police Act.
6        (ccc) (ddd) Records exempt from disclosure under
7    Section 2605-304 of the Illinois Department of State
8    Police Law of the Civil Administrative Code of Illinois.
9        (ddd) (bbb) Information prohibited from being
10    disclosed under Section 35 of the Address Confidentiality
11    for Victims of Domestic Violence, Sexual Assault, Human
12    Trafficking, or Stalking Act.
13        (eee) (ddd) Information prohibited from being
14    disclosed under subsection (b) of Section 75 of the
15    Domestic Violence Fatality Review Act.
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
23102-559, eff. 8-20-21; revised 10-5-21.)
 
24    Section 6. The Gun Trafficking Information Act is amended
25by changing Section 10-5 as follows:
 

 

 

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1    (5 ILCS 830/10-5)
2    Sec. 10-5. Gun trafficking information.
3    (a) The Illinois State Police shall use all reasonable
4efforts in making publicly available, on a regular and ongoing
5basis, key information related to firearms used in the
6commission of crimes in this State, including, but not limited
7to: reports on crimes committed with firearms, locations where
8the crimes occurred, the number of persons killed or injured
9in the commission of the crimes, the state where the firearms
10used originated, the Federal Firearms Licensee that sold the
11firearm, the type of firearms used, annual statistical
12information concerning Firearm Owner's Identification Card and
13concealed carry license applications, revocations, and
14compliance with Section 9.5 of the Firearm Owners
15Identification Card Act, firearm restraining order
16dispositions, and firearm dealer license certification
17inspections. The Illinois State Police shall make the
18information available on its website, which may be presented
19in a dashboard format, in addition to electronically filing a
20report with the Governor and the General Assembly. The report
21to the General Assembly shall be filed with the Clerk of the
22House of Representatives and the Secretary of the Senate in
23electronic form only, in the manner that the Clerk and the
24Secretary shall direct.
25    (b) (Blank). The Illinois State Police shall study, on a

 

 

HB4376- 20 -LRB102 21797 RLC 30917 b

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

 

 

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1(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
2revised 10-5-21.)
 
3    Section 7. The First Responders Suicide Prevention Act is
4amended by changing Section 40 as follows:
 
5    (5 ILCS 840/40)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    Sec. 40. Task Force recommendations.
9    (a) Task Force members shall recommend that agencies and
10organizations guarantee access to mental health and wellness
11services, including, but not limited to, peer support programs
12and providing ongoing education related to the ever-evolving
13concept of mental health wellness. These recommendations could
14be accomplished by:
15        (1) Revising agencies' and organizations' employee
16    assistance programs (EAPs).
17        (2) Urging health care providers to replace outdated
18    healthcare plans and include more progressive options
19    catering to the needs and disproportionate risks
20    shouldered by our first responders.
21        (3) Allocating funding or resources for public service
22    announcements (PSA) and messaging campaigns aimed at
23    raising awareness of available assistance options.
24        (4) Encouraging agencies and organizations to attach

 

 

HB4376- 22 -LRB102 21797 RLC 30917 b

1    lists of all available resources to training manuals and
2    continuing education requirements.
3    (b) Task Force members shall recommend agencies and
4organizations sponsor or facilitate first responders with
5specialized training in the areas of psychological fitness,
6depressive disorders, early detection, and mitigation best
7practices. Such trainings could be accomplished by:
8        (1) Assigning, appointing, or designating one member
9    of an agency or organization to attend specialized
10    training(s) sponsored by an accredited agency,
11    association, or organization recognized in their fields of
12    study.
13        (2) Seeking sponsorships or conducting fund-raisers,
14    to host annual or semiannual on-site visits from qualified
15    clinicians or physicians to provide early detection
16    training techniques, or to provide regular access to
17    mental health professionals.
18        (3) Requiring a minimum number of hours of disorders
19    and wellness training be incorporated into reoccurring,
20    annual or biannual training standards, examinations, and
21    curriculums, taking into close consideration respective
22    agency or organization size, frequency and number of all
23    current federal and state mandatory examinations and
24    trainings expected respectively.
25        (4) Not underestimating the crucial importance of a
26    balanced diet, sleep, mindfulness-based stress reduction

 

 

HB4376- 23 -LRB102 21797 RLC 30917 b

1    techniques, moderate and vigorous intensity activities,
2    and recreational hobbies, which have been scientifically
3    proven to play a major role in brain health and mental
4    wellness.
5    (c) Task Force members shall recommend that administrators
6and leadership personnel solicit training services from
7evidence-based, data driven organizations. Organizations with
8personnel trained on the analytical review and interpretation
9of specific fields related to the nature of first responders'
10exploits, such as PTSD, substance abuse, chronic state of
11duress. Task Force members shall further recommend funding for
12expansion and messaging campaigns of preliminary
13self-diagnosing technologies like the one described above.
14These objectives could be met by:
15        (1) Contacting an accredited agency, association, or
16    organization recognized in the field or fields of specific
17    study. Unbeknownst to the majority, many of the agencies
18    and organizations listed above receive grants and
19    allocations to assist communities with the very issues
20    being discussed in this Section.
21        (2) Normalizing help-seeking behaviors for both first
22    responders and their families through regular messaging
23    and peer support outreach, beginning with academy
24    curricula and continuing education throughout individuals'
25    careers.
26        (3) Funding and implementing PSA campaigns that

 

 

HB4376- 24 -LRB102 21797 RLC 30917 b

1    provide clear and concise calls to action about mental
2    health and wellness, resiliency, help-seeking, treatment
3    and recovery.
4        (4) Promoting and raising awareness of non-for-profit
5    organizations currently available to assist individuals in
6    search of care and treatment. Organizations have intuitive
7    user-friendly sites, most of which have mobile
8    applications, so first responders can access at a moment's
9    notice. However, because of limited funds, these
10    organizations have a challenging time of getting the word
11    out there about their existence.
12        (5) Expanding Family and Medical Leave Act protections
13    for individuals voluntarily seeking preventative
14    treatment.
15        (6) Promoting and ensuring complete patient
16    confidentiality protections.
17    (d) Task Force members shall recommend that agencies and
18organizations incorporate the following training components
19into already existing modules and educational curriculums.
20Doing so could be done by:
21        (1) Bolstering academy and school curricula by
22    requiring depressive disorder training catered to PTSD,
23    substance abuse, and early detection techniques training,
24    taking into close consideration respective agency or
25    organization size, and the frequency and number of all
26    current federal and state mandatory examinations and

 

 

HB4376- 25 -LRB102 21797 RLC 30917 b

1    trainings expected respectively.
2        (2) Continuing to allocate or match federal and state
3    funds to maintain Mobil Training Units (MTUs).
4        (3) Incorporating a state certificate for peer support
5    training into already exiting statewide curriculums and
6    mandatory examinations, annual State Fire Marshal
7    examinations, and physical fitness examinations. The
8    subject matter of the certificate should have an emphasis
9    on mental health and wellness, as well as familiarization
10    with topics ranging from clinical social work, clinical
11    psychology, clinical behaviorist, and clinical psychiatry.
12        (4) Incorporating and performing statewide mental
13    health check-ins during the same times as already mandated
14    trainings. These checks are not to be compared or used as
15    measures of fitness for duty evaluations or structured
16    psychological examinations.
17        (5) Recommending comprehensive and evidence-based
18    training on the importance of preventative measures on the
19    topics of sleep, nutrition, mindfulness, and physical
20    movement.
21        (6) (Blank). Law enforcement agencies should provide
22    training on the Firearm Owner's Identification Card Act,
23    including seeking relief from the Illinois State Police
24    under Section 10 of the Firearm Owners Identification Card
25    Act and a FOID card being a continued condition of
26    employment under Section 7.2 of the Uniform Peace

 

 

HB4376- 26 -LRB102 21797 RLC 30917 b

1    Officers' Disciplinary Act.
2(Source: P.A. 102-352, eff. 6-1-22.)
 
3    Section 10. The Illinois State Police Law of the Civil
4Administrative Code of Illinois is amended by changing
5Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
 
6    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
7    Sec. 2605-10. Powers and duties, generally.
8    (a) The Illinois State Police shall exercise the rights,
9powers, and duties that have been vested in the Illinois State
10Police by the following:
11    The Illinois State Police Act.
12    The Illinois State Police Radio Act.
13    The Criminal Identification Act.
14    The Illinois Vehicle Code.
15    The Firearm Owners Identification Card Act.
16    The Firearm Concealed Carry Act.
17    The Gun Dealer Licensing Act.
18    The Intergovernmental Missing Child Recovery Act of 1984.
19    The Intergovernmental Drug Laws Enforcement Act.
20    The Narcotic Control Division Abolition Act.
21    (b) The Illinois State Police shall have the powers and
22duties set forth in the following Sections.
23(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB4376- 27 -LRB102 21797 RLC 30917 b

1    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
2    Sec. 2605-45. Division of Justice Services. The Division
3of Justice Services shall exercise the following functions:
4        (1) Operate and maintain the Law Enforcement Agencies
5    Data System (LEADS), a statewide, computerized
6    telecommunications system designed to provide services,
7    information, and capabilities to the law enforcement and
8    criminal justice community in the State of Illinois. The
9    Director is responsible for establishing policy,
10    procedures, and regulations consistent with State and
11    federal rules, policies, and law by which LEADS operates.
12    The Director shall designate a statewide LEADS
13    Administrator for management of the system. The Director
14    may appoint a LEADS Advisory Policy Board to reflect the
15    needs and desires of the law enforcement and criminal
16    justice community and to make recommendations concerning
17    policies and procedures.
18        (2) Pursue research and the publication of studies
19    pertaining to local law enforcement activities.
20        (3) Serve as the State's point of contact for the
21    Federal Bureau of Investigation's Uniform Crime Reporting
22    Program and National Incident-Based Reporting System.
23        (4) Operate an electronic data processing and computer
24    center for the storage and retrieval of data pertaining to
25    criminal activity.
26        (5) Exercise the rights, powers, and duties vested in

 

 

HB4376- 28 -LRB102 21797 RLC 30917 b

1    the Illinois State Police by the Cannabis Regulation and
2    Tax Act and the Compassionate Use of Medical Cannabis
3    Program Act.
4        (6) (Blank).
5        (6.5) (Blank). Exercise the rights, powers, and duties
6    vested in the Illinois State Police by the Firearm Owners
7    Identification Card Act, the Firearm Concealed Carry Act,
8    and the Firearm Dealer License Certification Act.
9        (7) Exercise other duties that may be assigned by the
10    Director to fulfill the responsibilities and achieve the
11    purposes of the Illinois State Police.
12        (8) Exercise the rights, powers, and duties vested by
13    law in the Illinois State Police by the Criminal
14    Identification Act.
15        (9) Exercise the powers and perform the duties that
16    have been vested in the Illinois State Police by the Sex
17    Offender Registration Act and the Sex Offender Community
18    Notification Law and adopt reasonable rules necessitated
19    thereby.
20(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
21    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
22    Sec. 2605-200. Investigations of crime; enforcement of
23laws; records; crime laboratories; personnel.
24    (a) To do the following:
25        (1) Investigate the origins, activities, personnel,

 

 

HB4376- 29 -LRB102 21797 RLC 30917 b

1    and incidents of crime and the ways and means to redress
2    the victims of crimes; study the impact, if any, of
3    legislation relative to the effusion of crime and growing
4    crime rates; and enforce the criminal laws of this State
5    related thereto.
6        (2) Enforce all laws regulating the production, sale,
7    prescribing, manufacturing, administering, transporting,
8    having in possession, dispensing, delivering,
9    distributing, or use of controlled substances and
10    cannabis.
11        (3) Employ skilled experts, scientists, technicians,
12    investigators, or otherwise specially qualified persons to
13    aid in preventing or detecting crime, apprehending
14    criminals, or preparing and presenting evidence of
15    violations of the criminal laws of the State.
16        (4) Cooperate with the police of cities, villages, and
17    incorporated towns and with the police officers of any
18    county in enforcing the laws of the State and in making
19    arrests and recovering property.
20        (5) Apprehend and deliver up any person charged in
21    this State or any other state of the United States with
22    treason or a felony or other crime who has fled from
23    justice and is found in this State.
24        (6) Conduct other investigations as provided by law.
25        (7) Be a central repository and custodian of criminal
26    statistics for the State.

 

 

HB4376- 30 -LRB102 21797 RLC 30917 b

1        (8) Be a central repository for criminal history
2    record information.
3        (9) Procure and file for record information that is
4    necessary and helpful to plan programs of crime
5    prevention, law enforcement, and criminal justice.
6        (10) Procure and file for record copies of
7    fingerprints that may be required by law.
8        (11) Establish general and field crime laboratories.
9        (12) (Blank). Register and file for record information
10    that may be required by law for the issuance of firearm
11    owner's identification cards under the Firearm Owners
12    Identification Card Act and concealed carry licenses under
13    the Firearm Concealed Carry Act.
14        (13) Employ laboratory technicians and other specially
15    qualified persons to aid in the identification of criminal
16    activity and the identification, collection, and recovery
17    of cyber forensics, including but not limited to digital
18    evidence, and may employ polygraph operators.
19        (14) Undertake other identification, information,
20    laboratory, statistical, or registration activities that
21    may be required by law.
22    (b) Persons exercising the powers set forth in subsection
23(a) within the Illinois State Police are conservators of the
24peace and as such have all the powers possessed by policemen in
25cities and sheriffs, except that they may exercise those
26powers anywhere in the State in cooperation with and after

 

 

HB4376- 31 -LRB102 21797 RLC 30917 b

1contact with the local law enforcement officials. Those
2persons may use false or fictitious names in the performance
3of their duties under this Section, upon approval of the
4Director, and shall not be subject to prosecution under the
5criminal laws for that use.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (20 ILCS 2605/2605-595)
8    Sec. 2605-595. State Police Firearm Services Fund.
9    (a) There is created in the State treasury a special fund
10known as the State Police Firearm Services Fund. The Fund
11shall receive revenue under the Firearm Concealed Carry Act
12and , the Firearm Dealer License Certification Act, and
13Section 5 of the Firearm Owners Identification Card Act. The
14Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other legal source.
16    (a-5) Notwithstanding any other provision of law to the
17contrary, and in addition to any other transfers that may be
18provided by law, on the effective date of this amendatory Act
19of the 102nd General Assembly, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the remaining balance from the
22Firearm Dealer License Certification Fund into the State
23Police Firearm Services Fund. Upon completion of the transfer,
24the Firearm Dealer License Certification Fund is dissolved,
25and any future deposits due to that Fund and any outstanding

 

 

HB4376- 32 -LRB102 21797 RLC 30917 b

1obligations or liabilities of that Fund shall pass to the
2State Police Firearm Services Fund.
3    (b) The Illinois State Police may use moneys in the Fund to
4finance any of its lawful purposes, mandates, functions, and
5duties under the Firearm Owners Identification Card Act, the
6Firearm Dealer License Certification Act, and the Firearm
7Concealed Carry Act, including the cost of sending notices of
8expiration of Firearm Owner's Identification Cards, concealed
9carry licenses, the prompt and efficient processing of
10applications under the Firearm Owners Identification Card Act
11and the Firearm Concealed Carry Act, the improved efficiency
12and reporting of the LEADS and federal NICS law enforcement
13data systems, and support for investigations required under
14these Acts and law. Any surplus funds beyond what is needed to
15comply with the aforementioned purposes shall be used by the
16Illinois State Police to improve the Law Enforcement Agencies
17Data System (LEADS) and criminal history background check
18system.
19    (c) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
 
23    (20 ILCS 2605/2605-120 rep.)
24    (20 ILCS 2605/2605-304 rep.)
25    Section 15. The Department of State Police Law of the

 

 

HB4376- 33 -LRB102 21797 RLC 30917 b

1Civil Administrative Code of Illinois is amended by repealing
2Sections 2605-120 and 2605-304.
 
3    Section 20. The Criminal Identification Act is amended by
4changing Section 2.2 as follows:
 
5    (20 ILCS 2630/2.2)
6    Sec. 2.2. Notification to the Illinois State Police. Upon
7judgment of conviction of a violation of Section 12-1, 12-2,
812-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
9the Criminal Code of 2012 when the defendant has been
10determined, pursuant to Section 112A-11.1 of the Code of
11Criminal Procedure of 1963, to be subject to the prohibitions
12of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
13notification and a copy of the written determination in a
14report of the conviction to the Illinois State Police Firearm
15Owner's Identification Card Office to enable the Illinois
16State Police office to perform its duties under the Firearm
17Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
18Identification Card Act and to report that determination to
19the Federal Bureau of Investigation to assist the Federal
20Bureau of Investigation in identifying persons prohibited from
21purchasing and possessing a firearm pursuant to the provisions
22of 18 U.S.C. 922. The written determination described in this
23Section shall be included in the defendant's record of arrest
24and conviction in the manner and form prescribed by the

 

 

HB4376- 34 -LRB102 21797 RLC 30917 b

1Illinois State Police.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    Section 21. The Illinois Criminal Justice Information Act
4is amended by changing Section 7.9 as follows:
 
5    (20 ILCS 3930/7.9)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    (Section scheduled to be repealed on July 1, 2027)
9    Sec. 7.9. Firearm Prohibitors and Records Improvement Task
10Force.
11    (a) As used in this Section, "firearms prohibitor" means
12any factor listed in Section 4 of the Firearm Owners
13Identification Card Act or Section 24-3 or 24-3.1 of the
14Criminal Code of 2012 that prohibits a person from
15transferring or possessing a firearm, firearm ammunition,
16Firearm Owner's Identification Card, or concealed carry
17license.
18    (b) The Firearm Prohibitors and Records Improvement Task
19Force is created to identify and research all available
20grants, resources, and revenue that may be applied for and
21used by all entities responsible for reporting federal and
22State firearm prohibitors to the Illinois State Police and the
23National Instant Criminal Background Check System. These Under
24the Firearm Owners Identification Card Act, these reporting

 

 

HB4376- 35 -LRB102 21797 RLC 30917 b

1entities include, but are not limited to, hospitals, courts,
2law enforcement and corrections. The Task Force shall identify
3weaknesses in reporting and recommend a strategy to direct
4resources and revenue to ensuring reporting is reliable,
5accurate, and timely. The Task Force shall inventory all
6statutorily mandated firearm and gun violence related data
7collection and reporting requirements, along with the agency
8responsible for collecting that data, and identify gaps in
9those requirements. The Task Force shall submit a coordinated
10application with and through the Illinois Criminal Justice
11Information Authority for federal funds from the National
12Criminal History Improvement Program and the NICS Acts Record
13Improvement Program. The Firearm Prohibitors and Records
14Improvement Task Force shall be comprised of the following
15members, all of whom shall serve without compensation:
16        (1) the Executive Director of the Illinois Criminal
17    Justice Information Authority, who shall serve as Chair;
18        (2) the Director of the Illinois State Police, or his
19    or her designee;
20        (3) the Secretary of Human Services, or his or her
21    designee;
22        (4) the Director of Corrections, or his or her
23    designee;
24        (5) the Attorney General, or his or her designee;
25        (6) the Director of the Administrative Office of the
26    Illinois Courts, or his or her designee;

 

 

HB4376- 36 -LRB102 21797 RLC 30917 b

1        (7) a representative of an association representing
2    circuit clerks appointed by the President of the Senate;
3        (8) a representative of an association representing
4    sheriffs appointed by the House Minority Leader;
5        (9) a representative of an association representing
6    State's Attorneys appointed by the House Minority Leader;
7        (10) a representative of an association representing
8    chiefs of police appointed by the Senate Minority Leader;
9        (11) a representative of an association representing
10    hospitals appointed by the Speaker of the House of
11    Representatives;
12        (12) a representative of an association representing
13    counties appointed by the President of the Senate; and
14        (13) a representative of an association representing
15    municipalities appointed by the Speaker of the House of
16    Representatives.
17    (c) The Illinois Criminal Justice Information Authority
18shall provide administrative and other support to the Task
19Force. The Illinois State Police Division of Justice Services
20shall also provide support to the Illinois Criminal Justice
21Information Authority and the Task Force.
22    (d) The Task Force may meet in person or virtually and
23shall issue a written report of its findings and
24recommendations to General Assembly on or before July 1, 2022.
25The Task Force shall issue an annual report, which shall
26include information on the state of FOID data, including a

 

 

HB4376- 37 -LRB102 21797 RLC 30917 b

1review of previous activity by the Task Force to close
2previously identified gaps; identifying known (or new) gaps; a
3proposal of policy and practice recommendations to close those
4gaps; and a preview of expected activities of the Task Force
5for the coming year.
6    (e) Within 60 days of the effective date of this
7amendatory Act of the 102nd General Assembly, the Chair shall
8establish the Task Force.
9    (f) This Section is repealed on July 1, 2027.
10(Source: P.A. 102-237, eff. 1-1-22.)
 
11    Section 25. The State Finance Act is amended by changing
12Section 6z-99 as follows:
 
13    (30 ILCS 105/6z-99)
14    Sec. 6z-99. The Mental Health Reporting Fund.
15    (a) There is created in the State treasury a special fund
16known as the Mental Health Reporting Fund. The Fund shall
17receive revenue under the Firearm Concealed Carry Act. The
18Fund may also receive revenue from grants, pass-through
19grants, donations, appropriations, and any other legal source.
20    (b) The Illinois State Police and Department of Human
21Services shall coordinate to use moneys in the Fund to finance
22their respective duties of collecting and reporting data on
23mental health records and ensuring that mental health firearm
24possession prohibitors are enforced as set forth under the

 

 

HB4376- 38 -LRB102 21797 RLC 30917 b

1Firearm Concealed Carry Act and the Firearm Owners
2Identification Card Act. Any surplus in the Fund beyond what
3is necessary to ensure compliance with mental health reporting
4under that Act these Acts shall be used by the Department of
5Human Services for mental health treatment programs as
6follows: (1) 50% shall be used to fund community-based mental
7health programs aimed at reducing gun violence, community
8integration and education, or mental health awareness and
9prevention, including administrative costs; and (2) 50% shall
10be used to award grants that use and promote the National
11School Mental Health Curriculum model for school-based mental
12health support, integration, and services.
13    (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17revised 10-26-21.)
 
18    Section 26. The Intergovernmental Drug Laws Enforcement
19Act is amended by changing Section 3 as follows:
 
20    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
21    Sec. 3. A Metropolitan Enforcement Group which meets the
22minimum criteria established in this Section is eligible to
23receive State grants to help defray the costs of operation. To
24be eligible a MEG must:

 

 

HB4376- 39 -LRB102 21797 RLC 30917 b

1        (1) Be established and operating pursuant to
2    intergovernmental contracts written and executed in
3    conformity with the Intergovernmental Cooperation Act, and
4    involve 2 or more units of local government.
5        (2) Establish a MEG Policy Board composed of an
6    elected official, or his designee, and the chief law
7    enforcement officer, or his designee, from each
8    participating unit of local government to oversee the
9    operations of the MEG and make such reports to the
10    Illinois State Police as the Illinois State Police may
11    require.
12        (3) Designate a single appropriate elected official of
13    a participating unit of local government to act as the
14    financial officer of the MEG for all participating units
15    of local government and to receive funds for the operation
16    of the MEG.
17        (4) Limit its operations to enforcement of drug laws;
18    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
19    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
20    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
21    24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
22    of 2012; Sections 2, 3, 6.1, 14 of the Firearm Owners
23    Identification Card Act; and the investigation of
24    streetgang related offenses.
25        (5) Cooperate with the Illinois State Police in order
26    to assure compliance with this Act and to enable the

 

 

HB4376- 40 -LRB102 21797 RLC 30917 b

1    Illinois State Police to fulfill its duties under this
2    Act, and supply the Illinois State Police with all
3    information the Illinois State Police deems necessary
4    therefor.
5        (6) Receive funding of at least 50% of the total
6    operating budget of the MEG from the participating units
7    of local government.
8(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
9revised 10-6-21.)
 
10    Section 30. The Peace Officer Firearm Training Act is
11amended by changing Section 1 as follows:
 
12    (50 ILCS 710/1)  (from Ch. 85, par. 515)
13    Sec. 1. Definitions. As used in this Act:
14    (a) "Peace officer" means (i) any person who by virtue of
15his office or public employment is vested by law with a primary
16duty to maintain public order or to make arrests for offenses,
17whether that duty extends to all offenses or is limited to
18specific offenses, and who is employed in such capacity by any
19county or municipality or (ii) any retired law enforcement
20officers qualified under federal law to carry a concealed
21weapon.
22    (a-5) "Probation officer" means a county probation officer
23authorized by the Chief Judge of the Circuit Court to carry a
24firearm as part of his or her duties under Section 12 of the

 

 

HB4376- 41 -LRB102 21797 RLC 30917 b

1Probation and Probation Officers Act and Section 24-2 of the
2Criminal Code of 2012.
3    (b) "Firearms" means any weapon or device defined as a
4firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
5"An Act relating to the acquisition, possession and transfer
6of firearms and firearm ammunition, to provide a penalty for
7the violation thereof and to make an appropriation in
8connection therewith", approved August 3, 1967, as amended.
9(Source: P.A. 98-725, eff. 1-1-15.)
 
10    Section 35. The School Code is amended by changing
11Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
12    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
13    (Text of Section before amendment by P.A. 102-466)
14    Sec. 10-22.6. Suspension or expulsion of pupils; school
15searches.
16    (a) To expel pupils guilty of gross disobedience or
17misconduct, including gross disobedience or misconduct
18perpetuated by electronic means, pursuant to subsection (b-20)
19of this Section, and no action shall lie against them for such
20expulsion. Expulsion shall take place only after the parents
21have been requested to appear at a meeting of the board, or
22with a hearing officer appointed by it, to discuss their
23child's behavior. Such request shall be made by registered or
24certified mail and shall state the time, place and purpose of

 

 

HB4376- 42 -LRB102 21797 RLC 30917 b

1the meeting. The board, or a hearing officer appointed by it,
2at such meeting shall state the reasons for dismissal and the
3date on which the expulsion is to become effective. If a
4hearing officer is appointed by the board, he shall report to
5the board a written summary of the evidence heard at the
6meeting and the board may take such action thereon as it finds
7appropriate. If the board acts to expel a pupil, the written
8expulsion decision shall detail the specific reasons why
9removing the pupil from the learning environment is in the
10best interest of the school. The expulsion decision shall also
11include a rationale as to the specific duration of the
12expulsion. An expelled pupil may be immediately transferred to
13an alternative program in the manner provided in Article 13A
14or 13B of this Code. A pupil must not be denied transfer
15because of the expulsion, except in cases in which such
16transfer is deemed to cause a threat to the safety of students
17or staff in the alternative program.
18    (b) To suspend or by policy to authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of gross disobedience or misconduct, or to suspend
22pupils guilty of gross disobedience or misconduct on the
23school bus from riding the school bus, pursuant to subsections
24(b-15) and (b-20) of this Section, and no action shall lie
25against them for such suspension. The board may by policy
26authorize the superintendent of the district or the principal,

 

 

HB4376- 43 -LRB102 21797 RLC 30917 b

1assistant principal, or dean of students of any school to
2suspend pupils guilty of such acts for a period not to exceed
310 school days. If a pupil is suspended due to gross
4disobedience or misconduct on a school bus, the board may
5suspend the pupil in excess of 10 school days for safety
6reasons.
7    Any suspension shall be reported immediately to the
8parents or guardian of a pupil along with a full statement of
9the reasons for such suspension and a notice of their right to
10a review. The school board must be given a summary of the
11notice, including the reason for the suspension and the
12suspension length. Upon request of the parents or guardian,
13the school board or a hearing officer appointed by it shall
14review such action of the superintendent or principal,
15assistant principal, or dean of students. At such review, the
16parents or guardian of the pupil may appear and discuss the
17suspension with the board or its hearing officer. If a hearing
18officer is appointed by the board, he shall report to the board
19a written summary of the evidence heard at the meeting. After
20its hearing or upon receipt of the written report of its
21hearing officer, the board may take such action as it finds
22appropriate. If a student is suspended pursuant to this
23subsection (b), the board shall, in the written suspension
24decision, detail the specific act of gross disobedience or
25misconduct resulting in the decision to suspend. The
26suspension decision shall also include a rationale as to the

 

 

HB4376- 44 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 45 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 46 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 47 -LRB102 21797 RLC 30917 b

1transportation to school.
2    (c) A school board must invite a representative from a
3local mental health agency to consult with the board at the
4meeting whenever there is evidence that mental illness may be
5the cause of a student's expulsion or suspension.
6    (c-5) School districts shall make reasonable efforts to
7provide ongoing professional development to teachers,
8administrators, school board members, school resource
9officers, and staff on the adverse consequences of school
10exclusion and justice-system involvement, effective classroom
11management strategies, culturally responsive discipline, the
12appropriate and available supportive services for the
13promotion of student attendance and engagement, and
14developmentally appropriate disciplinary methods that promote
15positive and healthy school climates.
16    (d) The board may expel a student for a definite period of
17time not to exceed 2 calendar years, as determined on a
18case-by-case basis. A student who is determined to have
19brought one of the following objects to school, any
20school-sponsored activity or event, or any activity or event
21that bears a reasonable relationship to school shall be
22expelled for a period of not less than one year:
23        (1) A firearm. For the purposes of this Section,
24    "firearm" means any gun, rifle, shotgun, weapon as defined
25    by Section 921 of Title 18 of the United States Code,
26    firearm as defined in Section 2-7.5 1.1 of the Firearm

 

 

HB4376- 48 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 49 -LRB102 21797 RLC 30917 b

1threat on an Internet website against a school employee, a
2student, or any school-related personnel, (ii) the Internet
3website through which the threat was made is a site that was
4accessible within the school at the time the threat was made or
5was available to third parties who worked or studied within
6the school grounds at the time the threat was made, and (iii)
7the threat could be reasonably interpreted as threatening to
8the safety and security of the threatened individual because
9of his or her duties or employment status or status as a
10student inside the school.
11    (e) To maintain order and security in the schools, school
12authorities may inspect and search places and areas such as
13lockers, desks, parking lots, and other school property and
14equipment owned or controlled by the school, as well as
15personal effects left in those places and areas by students,
16without notice to or the consent of the student, and without a
17search warrant. As a matter of public policy, the General
18Assembly finds that students have no reasonable expectation of
19privacy in these places and areas or in their personal effects
20left in these places and areas. School authorities may request
21the assistance of law enforcement officials for the purpose of
22conducting inspections and searches of lockers, desks, parking
23lots, and other school property and equipment owned or
24controlled by the school for illegal drugs, weapons, or other
25illegal or dangerous substances or materials, including
26searches conducted through the use of specially trained dogs.

 

 

HB4376- 50 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 51 -LRB102 21797 RLC 30917 b

1apply to elementary and secondary schools, charter schools,
2special charter districts, and school districts organized
3under Article 34 of this Code.
4    (k) The expulsion of children enrolled in programs funded
5under Section 1C-2 of this Code is subject to the requirements
6under paragraph (7) of subsection (a) of Section 2-3.71 of
7this Code.
8    (l) Beginning with the 2018-2019 school year, an in-school
9suspension program provided by a school district for any
10students in kindergarten through grade 12 may focus on
11promoting non-violent conflict resolution and positive
12interaction with other students and school personnel. A school
13district may employ a school social worker or a licensed
14mental health professional to oversee an in-school suspension
15program in kindergarten through grade 12.
16(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
 
17    (Text of Section after amendment by P.A. 102-466)
18    Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20    (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, pursuant to subsection (b-20)
23of this Section, and no action shall lie against them for such
24expulsion. Expulsion shall take place only after the parents
25or guardians have been requested to appear at a meeting of the

 

 

HB4376- 52 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 53 -LRB102 21797 RLC 30917 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 guardians 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 guardians,
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 guardians 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

 

 

HB4376- 54 -LRB102 21797 RLC 30917 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

 

 

HB4376- 55 -LRB102 21797 RLC 30917 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

 

 

HB4376- 56 -LRB102 21797 RLC 30917 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

 

 

HB4376- 57 -LRB102 21797 RLC 30917 b

1academic credit. It shall be the responsibility of a pupil's
2parents or guardians to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5    (b-35) In all suspension review hearings conducted under
6subsection (b) or expulsion hearings conducted under
7subsection (a), a student may disclose any factor to be
8considered in mitigation, including his or her status as a
9parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A. A representative of the
11parent's or guardian's choice, or of the student's choice if
12emancipated, must be permitted to represent the student
13throughout the proceedings and to address the school board or
14its appointed hearing officer. With the approval of the
15student's parent or guardian, or of the student if
16emancipated, a support person must be permitted to accompany
17the student to any disciplinary hearings or proceedings. The
18representative or support person must comply with any rules of
19the school district's hearing process. If the representative
20or support person violates the rules or engages in behavior or
21advocacy that harasses, abuses, or intimidates either party, a
22witness, or anyone else in attendance at the hearing, the
23representative or support person may be prohibited from
24further participation in the hearing or proceeding. A
25suspension or expulsion proceeding under this subsection
26(b-35) must be conducted independently from any ongoing

 

 

HB4376- 58 -LRB102 21797 RLC 30917 b

1criminal investigation or proceeding, and an absence of
2pending or possible criminal charges, criminal investigations,
3or proceedings may not be a factor in school disciplinary
4decisions.
5    (b-40) During a suspension review hearing conducted under
6subsection (b) or an expulsion hearing conducted under
7subsection (a) that involves allegations of sexual violence by
8the student who is subject to discipline, neither the student
9nor his or her representative shall directly question nor have
10direct contact with the alleged victim. The student who is
11subject to discipline or his or her representative may, at the
12discretion and direction of the school board or its appointed
13hearing officer, suggest questions to be posed by the school
14board or its appointed hearing officer to the alleged victim.
15    (c) A school board must invite a representative from a
16local mental health agency to consult with the board at the
17meeting whenever there is evidence that mental illness may be
18the cause of a student's expulsion or suspension.
19    (c-5) School districts shall make reasonable efforts to
20provide ongoing professional development to teachers,
21administrators, school board members, school resource
22officers, and staff on the adverse consequences of school
23exclusion and justice-system involvement, effective classroom
24management strategies, culturally responsive discipline, the
25appropriate and available supportive services for the
26promotion of student attendance and engagement, and

 

 

HB4376- 59 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 60 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 61 -LRB102 21797 RLC 30917 b

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

 

 

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1expulsion in an alternative school program under Article 13A
2of this Code or an alternative learning opportunities program
3under Article 13B of this Code before being admitted into the
4school district if there is no threat to the safety of students
5or staff in the alternative program. A school district that
6adopts a policy under this subsection (g) must include a
7provision allowing for consideration of any mitigating
8factors, including, but not limited to, a student's status as
9a parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A.
11    (h) School officials shall not advise or encourage
12students to drop out voluntarily due to behavioral or academic
13difficulties.
14    (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen,
17or damaged property.
18    (j) Subsections (a) through (i) of this Section shall
19apply to elementary and secondary schools, charter schools,
20special charter districts, and school districts organized
21under Article 34 of this Code.
22    (k) The expulsion of children enrolled in programs funded
23under Section 1C-2 of this Code is subject to the requirements
24under paragraph (7) of subsection (a) of Section 2-3.71 of
25this Code.
26    (l) Beginning with the 2018-2019 school year, an in-school

 

 

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1suspension program provided by a school district for any
2students in kindergarten through grade 12 may focus on
3promoting non-violent conflict resolution and positive
4interaction with other students and school personnel. A school
5district may employ a school social worker or a licensed
6mental health professional to oversee an in-school suspension
7program in kindergarten through grade 12.
8(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
9102-539, eff. 8-20-21; revised 9-23-21.)
 
10    (105 ILCS 5/10-27.1A)
11    Sec. 10-27.1A. Firearms in schools.
12    (a) All school officials, including teachers, school
13counselors, and support staff, shall immediately notify the
14office of the principal in the event that they observe any
15person in possession of a firearm on school grounds; provided
16that taking such immediate action to notify the office of the
17principal would not immediately endanger the health, safety,
18or welfare of students who are under the direct supervision of
19the school official or the school official. If the health,
20safety, or welfare of students under the direct supervision of
21the school official or of the school official is immediately
22endangered, the school official shall notify the office of the
23principal as soon as the students under his or her supervision
24and he or she are no longer under immediate danger. A report is
25not required by this Section when the school official knows

 

 

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

 

 

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1until such time as the agency makes a determination pursuant
2to clause (a) of subsection (1) of Section 5-401 of the
3Juvenile Court Act of 1987, as to whether the agency
4reasonably believes that the minor is delinquent. If the law
5enforcement agency determines that probable cause exists to
6believe that the minor committed a violation of item (4) of
7subsection (a) of Section 24-1 of the Criminal Code of 2012
8while on school grounds, the agency shall detain the minor for
9processing pursuant to Section 5-407 of the Juvenile Court Act
10of 1987.
11    (c) On or after January 1, 1997, upon receipt of any
12written, electronic, or verbal report from any school
13personnel regarding a verified incident involving a firearm in
14a school or on school owned or leased property, including any
15conveyance owned, leased, or used by the school for the
16transport of students or school personnel, the superintendent
17or his or her designee shall report all such firearm-related
18incidents occurring in a school or on school property to the
19local law enforcement authorities immediately and to the
20Illinois State Police in a form, manner, and frequency as
21prescribed by the Illinois State Police.
22    The State Board of Education shall receive an annual
23statistical compilation and related data associated with
24incidents involving firearms in schools from the Illinois
25State Police. The State Board of Education shall compile this
26information by school district and make it available to the

 

 

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1public.
2    (d) As used in this Section, the term "firearm" shall have
3the meaning ascribed to it in Section 2-7.5 of the Criminal
4Code of 2012 1.1 of the Firearm Owners Identification Card
5Act.
6    As used in this Section, the term "school" means any
7public or private elementary or secondary school.
8    As used in this Section, the term "school grounds"
9includes the real property comprising any school, any
10conveyance owned, leased, or contracted by a school to
11transport students to or from school or a school-related
12activity, or any public way within 1,000 feet of the real
13property comprising any school.
14(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
15revised 10-6-21.)
 
16    (105 ILCS 5/34-8.05)
17    Sec. 34-8.05. Reporting firearms in schools. On or after
18January 1, 1997, upon receipt of any written, electronic, or
19verbal report from any school personnel regarding a verified
20incident involving a firearm in a school or on school owned or
21leased property, including any conveyance owned, leased, or
22used by the school for the transport of students or school
23personnel, the general superintendent or his or her designee
24shall report all such firearm-related incidents occurring in a
25school or on school property to the local law enforcement

 

 

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1authorities no later than 24 hours after the occurrence of the
2incident and to the Illinois State Police in a form, manner,
3and frequency as prescribed by the Illinois State Police.
4    The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Illinois
7State Police. As used in this Section, the term "firearm"
8shall have the meaning ascribed to it in Section 2-7.5 of the
9Criminal Code of 2012 1.1 of the Firearm Owners Identification
10Card Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 40. The Illinois Explosives Act is amended by
13changing Section 2005 as follows:
 
14    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
15    Sec. 2005. Qualifications for licensure.
16    (a) No person shall qualify to hold a license who:
17        (1) is under 21 years of age;
18        (2) has been convicted in any court of a crime
19    punishable by imprisonment for a term exceeding one year;
20        (3) is under indictment for a crime punishable by
21    imprisonment for a term exceeding one year;
22        (4) is a fugitive from justice;
23        (5) is an unlawful user of or addicted to any
24    controlled substance as defined in Section 102 of the

 

 

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1    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
2    seq.);
3        (6) has been adjudicated a person with a mental
4    disability as defined in Section 6-103.1 of the Mental
5    Health and Developmental Disabilities Code 1.1 of the
6    Firearm Owners Identification Card Act; or
7        (7) is not a legal citizen of the United States or
8    lawfully admitted for permanent residence.
9    (b) A person who has been granted a "relief from
10disabilities" regarding criminal convictions and indictments,
11pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
12845) may receive a license provided all other qualifications
13under this Act are met.
14(Source: P.A. 101-541, eff. 8-23-19.)
 
15    Section 45. The Private Detective, Private Alarm, Private
16Security, and Locksmith Act of 2004 is amended by changing
17Sections 35-30 and 35-35 as follows:
 
18    (225 ILCS 447/35-30)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 35-30. Employee requirements. All employees of a
21licensed agency, other than those exempted, shall apply for a
22permanent employee registration card. The holder of an agency
23license issued under this Act, known in this Section as
24"employer", may employ in the conduct of his or her business

 

 

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1employees under the following provisions:
2    (a) No person shall be issued a permanent employee
3registration card who:
4        (1) Is younger than 18 years of age.
5        (2) Is younger than 21 years of age if the services
6    will include being armed.
7        (3) Has been determined by the Department to be unfit
8    by reason of conviction of an offense in this or another
9    state, including registration as a sex offender, but not
10    including a traffic offense. Persons convicted of felonies
11    involving bodily harm, weapons, violence, or theft within
12    the previous 10 years shall be presumed to be unfit for
13    registration. The Department shall adopt rules for making
14    those determinations that shall afford the applicant due
15    process of law.
16        (4) Has had a license or permanent employee
17    registration card denied, suspended, or revoked under this
18    Act (i) within one year before the date the person's
19    application for permanent employee registration card is
20    received by the Department; and (ii) that refusal, denial,
21    suspension, or revocation was based on any provision of
22    this Act other than Section 40-50, item (6) or (8) of
23    subsection (a) of Section 15-10, subsection (b) of Section
24    15-10, item (6) or (8) of subsection (a) of Section 20-10,
25    subsection (b) of Section 20-10, item (6) or (8) of
26    subsection (a) of Section 25-10, subsection (b) of Section

 

 

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

 

 

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1    this Act other than Section 40-50, item (6) or (8) of
2    subsection (a) of Section 15-10, subsection (b) of Section
3    15-10, item (6) or (8) of subsection (a) of Section 20-10,
4    subsection (b) of Section 20-10, item (6) or (8) of
5    subsection (a) of Section 25-10, subsection (b) of Section
6    25-10, item (7) of subsection (a) of Section 30-10,
7    subsection (b) of Section 30-10, or Section 10-40.
8        (4) Any conviction of a felony or misdemeanor.
9        (5) Any declaration of incompetence by a court of
10    competent jurisdiction that has not been restored.
11        (6) Any dishonorable discharge from the armed services
12    of the United States.
13        (7) Any other information as may be required by any
14    rule of the Department to show the good character,
15    competency, and integrity of the person executing the
16    statement.
17    (c) Each applicant for a permanent employee registration
18card shall have his or her fingerprints submitted to the
19Illinois State Police in an electronic format that complies
20with the form and manner for requesting and furnishing
21criminal history record information as prescribed by the
22Illinois State Police. These fingerprints shall be checked
23against the Illinois State Police and Federal Bureau of
24Investigation criminal history record databases now and
25hereafter filed. The Illinois State Police shall charge
26applicants a fee for conducting the criminal history records

 

 

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

 

 

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1rule of the Department. Possession of a permanent employee
2registration card does not in any way imply that the holder of
3the card is employed by an agency unless the permanent
4employee registration card is accompanied by the employee
5identification card required by subsection (f) of this
6Section.
7    (e) Each employer shall maintain a record of each employee
8that is accessible to the duly authorized representatives of
9the Department. The record shall contain the following
10information:
11        (1) A photograph taken within 10 days of the date that
12    the employee begins employment with the employer. The
13    photograph shall be replaced with a current photograph
14    every 3 calendar years.
15        (2) The Employee's Statement specified in subsection
16    (b) of this Section.
17        (3) All correspondence or documents relating to the
18    character and integrity of the employee received by the
19    employer from any official source or law enforcement
20    agency.
21        (4) In the case of former employees, the employee
22    identification card of that person issued under subsection
23    (f) of this Section. Each employee record shall duly note
24    if the employee is employed in an armed capacity. Armed
25    employee files shall contain a copy of an active firearm
26    owner's identification card and a copy of an active

 

 

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

 

 

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

 

 

HB4376- 76 -LRB102 21797 RLC 30917 b

1    to the Department an application for a permanent employee
2    registration card, including the required fingerprint
3    receipt and fees.
4        (2) The agency has verification from the Department
5    that the applicant has no record of any criminal
6    conviction pursuant to the criminal history check
7    conducted by the Illinois State Police. The agency shall
8    maintain the verification of the results of the Illinois
9    State Police criminal history check as part of the
10    employee record as required under subsection (e) of this
11    Section.
12        (3) The agency exercises due diligence to ensure that
13    the person is qualified under the requirements of the Act
14    to be issued a permanent employee registration card.
15        (4) The agency maintains a separate roster of the
16    names of all employees whose applications are currently
17    pending with the Department and submits the roster to the
18    Department on a monthly basis. Rosters are to be
19    maintained by the agency for a period of at least 24
20    months.
21    An agency may employ only a permanent employee applicant
22for which it either submitted a permanent employee application
23and all required forms and fees or it confirms with the
24Department that a permanent employee application and all
25required forms and fees have been submitted by another agency,
26licensee or the permanent employee and all other requirements

 

 

HB4376- 77 -LRB102 21797 RLC 30917 b

1of this Section are met.
2    The Department shall have the authority to revoke, without
3a hearing, the temporary authority of an individual to work
4upon receipt of Federal Bureau of Investigation fingerprint
5data or a report of another official authority indicating a
6criminal conviction. If the Department has not received a
7temporary employee's Federal Bureau of Investigation
8fingerprint data within 120 days of the date the Department
9received the Illinois State Police fingerprint data, the
10Department may, at its discretion, revoke the employee's
11temporary authority to work with 15 days written notice to the
12individual and the employing agency.
13    An agency may not employ a person in a temporary capacity
14if it knows or reasonably should have known that the person has
15been convicted of a crime under the laws of this State, has
16been convicted in another state of any crime that is a crime
17under the laws of this State, has been convicted of any crime
18in a federal court, or has been posted as an unapproved
19applicant by the Department. Notice by the Department to the
20agency, via certified mail, personal delivery, electronic
21mail, or posting on the Department's Internet site accessible
22to the agency that the person has been convicted of a crime
23shall be deemed constructive knowledge of the conviction on
24the part of the agency. The Department may adopt rules to
25implement this subsection (k).
26    (l) No person may be employed under this Section in any

 

 

HB4376- 78 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 79 -LRB102 21797 RLC 30917 b

1that which pertains to employee files, scheduling, client
2contracts, or technical security and alarm data.
3    (p) An applicant who is 21 years of age or older seeking a
4religious exemption to the photograph requirement of this
5Section shall furnish with the application an approved copy of
6United States Department of the Treasury Internal Revenue
7Service Form 4029. Regardless of age, an applicant seeking a
8religious exemption to this photograph requirement shall
9submit fingerprints in a form and manner prescribed by the
10Department with his or her application in lieu of a
11photograph.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (225 ILCS 447/35-35)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 35-35. Requirement of a firearm control card.
16    (a) No person shall perform duties that include the use,
17carrying, or possession of a firearm in the performance of
18those duties without complying with the provisions of this
19Section and having been issued a valid firearm control card by
20the Department.
21    (b) No employer shall employ any person to perform the
22duties for which licensure or employee registration is
23required and allow that person to carry a firearm unless that
24person has complied with all the firearm training requirements
25of this Section and has been issued a firearm control card.

 

 

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

 

 

HB4376- 81 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 82 -LRB102 21797 RLC 30917 b

1activities, then the individual is required to obtain a
2permanent employee registration card pursuant to Section 35-30
3of this Act and must possess a valid Firearm Owner's
4Identification Card, but is not required to obtain a firearm
5control card if the individual is otherwise in continuing
6compliance with the federal Law Enforcement Officers Safety
7Act of 2004. If an individual elects to carry a firearm
8pursuant to the federal Law Enforcement Officers Safety Act of
92004, then the agency employing the officer is required to
10submit a notice of that election to the Department along with a
11fee specified by rule.
12    (h) The Department may issue a temporary firearm control
13card pending issuance of a new firearm control card upon an
14agency's acquiring of an established armed account. An agency
15that has acquired armed employees as a result of acquiring an
16established armed account may, on forms supplied by the
17Department, request the issuance of a temporary firearm
18control card for each acquired employee who held a valid
19firearm control card under his or her employment with the
20newly acquired established armed account immediately preceding
21the acquiring of the account and who continues to meet all of
22the qualifications for issuance of a firearm control card set
23forth in this Act and any rules adopted under this Act. The
24Department shall, by rule, set the fee for issuance of a
25temporary firearm control card.
26    (i) The Department shall not issue a firearm control card

 

 

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1to a licensed fingerprint vendor or a licensed locksmith or
2employees of a licensed fingerprint vendor agency or a
3licensed locksmith agency.
4(Source: P.A. 100-712, eff. 8-3-18.)
 
5    Section 50. The Mental Health and Developmental
6Disabilities Code is amended by changing Sections 6-103.1,
76-103.2, and 6-103.3 as follows:
 
8    (405 ILCS 5/6-103.1)
9    Sec. 6-103.1. Adjudication as a person with a mental
10disability. When a person has been adjudicated as a person
11with a mental disability as defined in Section 1.1 of the
12Firearm Owners Identification Card Act, including, but not
13limited to, an adjudication as a person with a disability as
14defined in Section 11a-2 of the Probate Act of 1975, the court
15shall direct the circuit court clerk to notify the Illinois
16State Police, Firearm Owner's Identification (FOID) Office, in
17a form and manner prescribed by the Illinois State Police, and
18shall forward a copy of the court order to the Department no
19later than 7 days after the entry of the order. Upon receipt of
20the order, the Illinois State Police shall provide
21notification to the National Instant Criminal Background Check
22System. In this Section, "has been adjudicated as a mentally
23disabled person" means the person is the subject of a
24determination by a court, board, commission, or other lawful

 

 

HB4376- 84 -LRB102 21797 RLC 30917 b

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

 

 

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1    an inpatient basis as defined in Section 1-119 of the
2    Mental Health and Developmental Disabilities Code;
3        (11) is a person subject to involuntary admission on
4    an outpatient basis as defined in Section 1-119.1 of the
5    Mental Health and Developmental Disabilities Code;
6        (12) is subject to judicial admission as set forth in
7    Section 4-500 of the Mental Health and Developmental
8    Disabilities Code; or
9        (13) is subject to the provisions of the Interstate
10    Agreements on Sexually Dangerous Persons Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    (405 ILCS 5/6-103.2)
13    Sec. 6-103.2. Developmental disability; notice. If a
14person 14 years old or older is determined to be a person with
15a developmental disability by a physician, clinical
16psychologist, or qualified examiner, the physician, clinical
17psychologist, or qualified examiner shall notify the
18Department of Human Services within 7 days of making the
19determination that the person has a developmental disability.
20The Department of Human Services shall immediately update its
21records and information relating to mental health and
22developmental disabilities, and if appropriate, shall notify
23the Illinois State Police in a form and manner prescribed by
24the Illinois State Police. Information disclosed under this
25Section shall remain privileged and confidential, and shall

 

 

HB4376- 86 -LRB102 21797 RLC 30917 b

1not be redisclosed, except as required under paragraph (2) of
2subsection (e) of Section 24-4.5 of the Criminal Code of 2012
3subsection (e) of Section 3.1 of the Firearm Owners
4Identification Card Act, nor used for any other purpose. The
5method of providing this information shall guarantee that the
6information is not released beyond that which is necessary for
7the purpose of this Section and shall be provided by rule by
8the Department of Human Services. The identity of the person
9reporting under this Section shall not be disclosed to the
10subject of the report.
11    The physician, clinical psychologist, or qualified
12examiner making the determination and his or her employer may
13not be held criminally, civilly, or professionally liable for
14making or not making the notification required under this
15Section, except for willful or wanton misconduct.
16    In this Section, "developmentally disabled" has the
17meaning ascribed to it in Section 12 of the Mental Health and
18Developmental Disabilities Confidentiality Act.
19    In For purposes of this Section, "developmental
20disability" means a disability which is attributable to any
21other condition which results in impairment similar to that
22caused by an intellectual disability and which requires
23services similar to those required by intellectually disabled
24persons. The disability must originate before the age of 18
25years, be expected to continue indefinitely, and constitute a
26substantial disability. This disability results, in the

 

 

HB4376- 87 -LRB102 21797 RLC 30917 b

1professional opinion of a physician, clinical psychologist, or
2qualified examiner, in significant functional limitations in 3
3or more of the following areas of major life activity:
4        (i) self-care;
5        (ii) receptive and expressive language;
6        (iii) learning;
7        (iv) mobility; or
8        (v) self-direction.
9    "Determined to be a person with a developmental disability
10by a physician, clinical psychologist, or qualified examiner"
11means in the professional opinion of the physician, clinical
12psychologist, or qualified examiner, a person is diagnosed,
13assessed, or evaluated as having a developmental disability.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (405 ILCS 5/6-103.3)
16    Sec. 6-103.3. Clear and present danger; notice. If a
17person is determined to pose a clear and present danger to
18himself, herself, or to others by a physician, clinical
19psychologist, or qualified examiner, whether employed by the
20State, by any public or private mental health facility or part
21thereof, or by a law enforcement official or a school
22administrator, then the physician, clinical psychologist,
23qualified examiner shall notify the Department of Human
24Services and a law enforcement official or school
25administrator shall notify the Illinois State Police, within

 

 

HB4376- 88 -LRB102 21797 RLC 30917 b

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

 

 

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

 

 

HB4376- 90 -LRB102 21797 RLC 30917 b

1    report under the School Administrator Reporting of Mental
2    Health Clear and Present Danger Determinations Law.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 55. The Lead Poisoning Prevention Act is amended
5by changing Section 2 as follows:
 
6    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
7    Sec. 2. Definitions. As used in this Act:
8    "Child care facility" means any structure used by a child
9care provider licensed by the Department of Children and
10Family Services or public or private school structure
11frequented by children 6 years of age or younger.
12    "Childhood Lead Risk Questionnaire" means the
13questionnaire developed by the Department for use by
14physicians and other health care providers to determine risk
15factors for children 6 years of age or younger residing in
16areas designated as low risk for lead exposure.
17    "Delegate agency" means a unit of local government or
18health department approved by the Department to carry out the
19provisions of this Act.
20    "Department" means the Department of Public Health.
21    "Director" means the Director of Public Health.
22    "Dwelling unit" means an individual unit within a
23residential building used as living quarters for one
24household.

 

 

HB4376- 91 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 92 -LRB102 21797 RLC 30917 b

1lead abatement contractor and licensed by the Department to
2perform lead abatement and lead mitigation and to supervise
3lead workers who perform lead abatement and lead mitigation.
4    "Lead abatement worker" means any person employed by a
5lead abatement contractor and licensed by the Department to
6perform lead abatement and mitigation.
7    "Lead activities" means the conduct of any lead services,
8including, lead inspection, lead risk assessment, lead
9mitigation, or lead abatement work or supervision in a
10regulated facility.
11    "Lead-bearing substance" means any item containing or
12coated with lead such that the lead content is more than
13six-hundredths of one percent (0.06%) lead by total weight; or
14any dust on surfaces or in furniture or other nonpermanent
15elements of the regulated facility; or any paint or other
16surface coating material containing more than five-tenths of
17one percent (0.5%) lead by total weight (calculated as lead
18metal) in the total non-volatile content of liquid paint; or
19lead-bearing substances containing greater than one milligram
20per square centimeter or any lower standard for lead content
21in residential paint as may be established by federal law or
22rule; or more than 1 milligram per square centimeter in the
23dried film of paint or previously applied substance; or item
24or dust on item containing lead in excess of the amount
25specified in the rules authorized by this Act or a lower
26standard for lead content as may be established by federal law

 

 

HB4376- 93 -LRB102 21797 RLC 30917 b

1or rule. "Lead-bearing substance" does not include firearm
2ammunition or components as defined by Section 2-7.1 of the
3Criminal Code of 2012 the Firearm Owners Identification Card
4Act.
5    "Lead hazard" means a lead-bearing substance that poses an
6immediate health hazard to humans.
7    "Lead hazard screen" means a lead risk assessment that
8involves limited dust and paint sampling for lead-bearing
9substances and lead hazards. This service is used as a
10screening tool designed to determine if further lead
11investigative services are required for the regulated
12facility.
13    "Lead inspection" means a surface-by-surface investigation
14to determine the presence of lead-based paint.
15    "Lead inspector" means an individual who has been trained
16by a Department-approved training program and is licensed by
17the Department to conduct lead inspections; to sample for the
18presence of lead in paint, dust, soil, and water; and to
19conduct compliance investigations.
20    "Lead mitigation" means the remediation, in a manner
21described in Section 9, of a lead hazard so that the
22lead-bearing substance does not pose an immediate health
23hazard to humans.
24    "Lead poisoning" means having an elevated blood lead
25level.
26    "Lead risk assessment" means an on-site investigation to

 

 

HB4376- 94 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 95 -LRB102 21797 RLC 30917 b

1    owner.
2    "Person" means any individual, partnership, firm, company,
3limited liability company, corporation, association, joint
4stock company, trust, estate, political subdivision, State
5agency, or any other legal entity, or their legal
6representative, agent, or assign.
7    "Regulated facility" means a residential building or child
8care facility.
9    "Residential building" means any room, group of rooms, or
10other interior areas of a structure designed or used for human
11habitation; common areas accessible by inhabitants; and the
12surrounding property or structures.
13(Source: P.A. 100-723, eff. 1-1-19.)
 
14    (430 ILCS 65/Act rep.)
15    Section 60. The Firearm Owners Identification Card Act is
16repealed.
 
17    Section 65. The Firearm Concealed Carry Act is amended by
18changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
 
19    (430 ILCS 66/25)
20    Sec. 25. Qualifications for a license.
21    The Illinois State Police shall issue a license to an
22applicant completing an application in accordance with Section
2330 of this Act if the person:

 

 

HB4376- 96 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 97 -LRB102 21797 RLC 30917 b

1        (6) has completed firearms training and any education
2    component required under Section 75 of this Act.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (430 ILCS 66/30)
5    Sec. 30. Contents of license application.
6    (a) The license application shall be in writing, under
7penalty of perjury, on a standard form adopted by the Illinois
8State Police and shall be accompanied by the documentation
9required in this Section and the applicable fee. Each
10application form shall include the following statement printed
11in bold type: "Warning: Entering false information on this
12form is punishable as perjury under Section 32-2 of the
13Criminal Code of 2012."
14    (b) The application shall contain the following:
15        (1) the applicant's name, current address, date and
16    year of birth, place of birth, height, weight, hair color,
17    eye color, maiden name or any other name the applicant has
18    used or identified with, and any address where the
19    applicant resided for more than 30 days within the 10
20    years preceding the date of the license application;
21        (2) the applicant's valid driver's license number or
22    valid state identification card number;
23        (3) a waiver of the applicant's privacy and
24    confidentiality rights and privileges under all federal
25    and state laws, including those limiting access to

 

 

HB4376- 98 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 99 -LRB102 21797 RLC 30917 b

1        intoxicating compound or compounds, or any combination
2        thereof, within the 5 years preceding the date of the
3        license application; and
4        (6) whether the applicant has failed a drug test for a
5    drug for which the applicant did not have a prescription,
6    within the previous year, and if so, the provider of the
7    test, the specific substance involved, and the date of the
8    test;
9        (7) written consent for the Illinois State Police to
10    review and use the applicant's Illinois digital driver's
11    license or Illinois identification card photograph and
12    signature;
13        (8) a unless submitted under subsection (a-25) of
14    Section 4 of the Firearm Owners Identification Card Act, a
15    full set of fingerprints submitted to the Illinois State
16    Police in electronic format, provided the Illinois State
17    Police may accept an application submitted without a set
18    of fingerprints, in which case the Illinois State Police
19    shall be granted 30 days in addition to the 90 days
20    provided under subsection (e) of Section 10 of this Act to
21    issue or deny a license;
22        (9) a head and shoulder color photograph in a size
23    specified by the Illinois State Police taken within the 30
24    days preceding the date of the license application; and
25        (10) a photocopy of any certificates or other evidence
26    of compliance with the training requirements under this

 

 

HB4376- 100 -LRB102 21797 RLC 30917 b

1    Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3revised 10-12-21.)
 
4    (430 ILCS 66/40)
5    Sec. 40. Non-resident license applications.
6    (a) For the purposes of this Section, "non-resident" means
7a person who has not resided within this State for more than 30
8days and resides in another state or territory.
9    (b) The Illinois State Police shall by rule allow for
10non-resident license applications from any state or territory
11of the United States with laws related to firearm ownership,
12possession, and carrying, that are substantially similar to
13the requirements to obtain a license under this Act.
14    (c) A resident of a state or territory approved by the
15Illinois State Police under subsection (b) of this Section may
16apply for a non-resident license. The applicant shall apply to
17the Illinois State Police and must meet all of the
18qualifications established in Section 25 of this Act, except
19for the Illinois residency requirement in item (xiv) of
20paragraph (2) of subsection (a) of Section 4 of the Firearm
21Owners Identification Card Act. The applicant shall submit:
22        (1) the application and documentation required under
23    Section 30 of this Act and the applicable fee;
24        (2) a notarized document stating that the applicant:
25            (A) is eligible under federal law and the laws of

 

 

HB4376- 101 -LRB102 21797 RLC 30917 b

1        his or her state or territory of residence to own or
2        possess a firearm;
3            (B) if applicable, has a license or permit to
4        carry a firearm or concealed firearm issued by his or
5        her state or territory of residence and attach a copy
6        of the license or permit to the application;
7            (C) understands Illinois laws pertaining to the
8        possession and transport of firearms; and
9            (D) acknowledges that the applicant is subject to
10        the jurisdiction of the Illinois State Police and
11        Illinois courts for any violation of this Act;
12        (3) a photocopy of any certificates or other evidence
13    of compliance with the training requirements under Section
14    75 of this Act; and
15        (4) a head and shoulder color photograph in a size
16    specified by the Illinois State Police taken within the 30
17    days preceding the date of the application.
18    (d) In lieu of an Illinois driver's license or Illinois
19identification card, a non-resident applicant shall provide
20similar documentation from his or her state or territory of
21residence. The applicant shall submit In lieu of a valid
22Firearm Owner's Identification Card, the applicant shall
23submit documentation and information required by the Illinois
24State Police to obtain a Firearm Owner's Identification Card,
25including an affidavit that the non-resident meets the mental
26health standards to obtain a firearm under Illinois law, and

 

 

HB4376- 102 -LRB102 21797 RLC 30917 b

1the Illinois State Police shall ensure that the applicant
2would meet the eligibility criteria under State law to possess
3a firearm to obtain a Firearm Owner's Identification card if
4he or she was a resident of this State.
5    (e) Nothing in this Act shall prohibit a non-resident from
6transporting a concealed firearm within his or her vehicle in
7Illinois, if the concealed firearm remains within his or her
8vehicle and the non-resident:
9        (1) is not prohibited from owning or possessing a
10    firearm under federal law;
11        (2) is eligible to carry a firearm in public under the
12    laws of his or her state or territory of residence, as
13    evidenced by the possession of a concealed carry license
14    or permit issued by his or her state of residence, if
15    applicable; and
16        (3) is not in possession of a license under this Act.
17    If the non-resident leaves his or her vehicle unattended,
18he or she shall store the firearm within a locked vehicle or
19locked container within the vehicle in accordance with
20subsection (b) of Section 65 of this Act.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (430 ILCS 66/66)
23    (This Section may contain text from a Public Act with a
24delayed effective date)
25    Sec. 66. Illinois State Police to monitor databases for

 

 

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1firearms prohibitors. The Illinois State Police shall
2continuously monitor relevant State and federal databases for
3firearms prohibitors and correlate those records with
4concealed carry license holders to ensure compliance with this
5Act and any other State and federal laws. As used in this
6Section, "firearms prohibitor" means any factor listed in
7Section 8 or Section 8.2 of the Firearm Owners Identification
8Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
9that prohibits a person from transferring or possessing a
10firearm, firearm ammunition, Firearm Owner's Identification
11Card, or concealed carry license.
12(Source: P.A. 102-237, eff. 1-1-22.)
 
13    (430 ILCS 66/70)
14    Sec. 70. Violations.
15    (a) A license issued or renewed under this Act shall be
16revoked if, at any time, the licensee is found to be ineligible
17for a license under this Act or the licensee is prohibited from
18possessing a firearm under State or federal law no longer
19meets the eligibility requirements of the Firearm Owners
20Identification Card Act.
21    (b) A license shall be suspended if an order of
22protection, including an emergency order of protection,
23plenary order of protection, or interim order of protection
24under Article 112A of the Code of Criminal Procedure of 1963 or
25under the Illinois Domestic Violence Act of 1986, or if a

 

 

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

 

 

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

 

 

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1where the person resides. The local law enforcement agency
2shall provide the licensee a receipt and transmit the
3concealed carry license to the Illinois State Police. If the
4licensee whose concealed carry license has been revoked,
5suspended, or denied fails to comply with the requirements of
6this subsection, the law enforcement agency where the person
7resides may petition the circuit court to issue a warrant to
8search for and seize the concealed carry license in the
9possession and under the custody or control of the licensee
10whose concealed carry license has been revoked, suspended, or
11denied. The observation of a concealed carry license in the
12possession of a person whose license has been revoked,
13suspended, or denied constitutes a sufficient basis for the
14arrest of that person for violation of this subsection. A
15violation of this subsection is a Class A misdemeanor.
16    (h) (Blank). Except as otherwise provided in subsection
17(h-5), a license issued or renewed under this Act shall be
18revoked if, at any time, the licensee is found ineligible for a
19Firearm Owner's Identification Card, or the licensee no longer
20possesses a valid Firearm Owner's Identification Card. If the
21Firearm Owner's Identification Card is expired or suspended
22rather than denied or revoked, the license may be suspended
23for a period of up to one year to allow the licensee to
24reinstate his or her Firearm Owner's Identification Card. The
25Illinois State Police shall adopt rules to enforce this
26subsection. A licensee whose license is revoked under this

 

 

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1subsection (h) shall surrender his or her concealed carry
2license as provided for in subsection (g) of this Section.
3    This subsection shall not apply to a person who has filed
4an application with the Illinois State Police for renewal of a
5Firearm Owner's Identification Card and who is not otherwise
6ineligible to obtain a Firearm Owner's Identification Card.
7    (h-5) (Blank). If the Firearm Owner's Identification Card
8of a licensee under this Act expires during the term of the
9license issued under this Act, the license and the Firearm
10Owner's Identification Card remain valid, and the Illinois
11State Police may automatically renew the licensee's Firearm
12Owner's Identification Card as provided in subsection (c) of
13Section 5 of the Firearm Owners Identification Card Act.
14    (i) A certified firearms instructor who knowingly provides
15or offers to provide a false certification that an applicant
16has completed firearms training as required under this Act is
17guilty of a Class A misdemeanor. A person guilty of a violation
18of this subsection (i) is not eligible for court supervision.
19The Illinois State Police shall permanently revoke the
20firearms instructor certification of a person convicted under
21this subsection (i).
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23revised 10-15-21.)
 
24    (430 ILCS 66/80)
25    Sec. 80. Certified firearms instructors.

 

 

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

 

 

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1        (2) have at least one of the following valid firearms
2    instructor certifications:
3            (A) certification from a law enforcement agency;
4            (B) certification from a firearm instructor course
5        offered by a State or federal governmental agency;
6            (C) certification from a firearm instructor
7        qualification course offered by the Illinois Law
8        Enforcement Training Standards Board; or
9            (D) certification from an entity approved by the
10        Illinois State Police that offers firearm instructor
11        education and training in the use and safety of
12        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 Illinois State Police,
17or has had a prior instructor certification revoked or denied
18by the Illinois State Police.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (430 ILCS 66/105)
21    Sec. 105. Duty of school administrator. It is the duty of
22the principal of a public elementary or secondary school, or
23his or her designee, and the chief administrative officer of a
24private elementary or secondary school or a public or private
25community college, college, or university, or his or her

 

 

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1designee, to report to the Illinois State Police when a
2student is determined to pose a clear and present danger to
3himself, herself, or to others, within 24 hours of the
4determination as provided in Section 6-103.3 of the Mental
5Health and Developmental Disabilities Code. "Clear and present
6danger" has the meaning as provided in paragraph (2) of the
7definition of "clear and present danger" in Section 6-103.3 of
8the Mental Health and Developmental Disabilities Code 1.1 of
9the Firearm Owners Identification Card Act.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 66. The Firearms Restraining Order Act is amended
12by changing Sections 35 and 40 as follows:
 
13    (430 ILCS 67/35)
14    (Text of Section before amendment by P.A. 102-345)
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.

 

 

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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

 

 

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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 under Section 8.2 of the Firearm Owners
21    Identification Card Act; and
22        (2) the respondent to comply with Section 9.5 of the
23    Firearm Owners Identification Card Act and subsection (g)
24    of Section 70 of the Firearm Concealed Carry Act Illinois.
25    (h) Except as otherwise provided in subsection (h-5) of
26this Section, upon expiration of the period of safekeeping, if

 

 

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1the firearms or Firearm Owner's Identification Card and
2concealed carry license cannot be returned to the respondent
3because the respondent cannot be located, fails to respond to
4requests to retrieve the firearms, or is not lawfully eligible
5to possess a firearm, upon petition from the local law
6enforcement agency, the court may order the local law
7enforcement agency to destroy the firearms, use the firearms
8for training purposes, or use the firearms for any other
9application as deemed appropriate by the local law enforcement
10agency.
11    (h-5) On or before January 1, 2022, a respondent whose
12firearms have been turned over to a local law enforcement
13agency Firearm Owner's Identification Card has been revoked or
14suspended may petition the court, if the petitioner is present
15in court or has notice of the respondent's petition, to
16transfer the respondent's firearm to a person who is lawfully
17able to possess the firearm if the person does not reside at
18the same address as the respondent. Notice of the petition
19shall be served upon the person protected by the emergency
20firearms restraining order. While the order is in effect, the
21transferee who receives the respondent's firearms must swear
22or affirm by affidavit that he or she shall not transfer the
23firearm to the respondent or to anyone residing in the same
24residence as the respondent.
25    (h-6) If a person other than the respondent claims title
26to any firearms surrendered under this Section, he or she may

 

 

HB4376- 114 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 115 -LRB102 21797 RLC 30917 b

1mutual agreement of the parties.
2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
3102-538, eff. 8-20-21; revised 11-9-21.)
 
4    (Text of Section after amendment by P.A. 102-345)
5    Sec. 35. Ex parte orders and emergency hearings.
6    (a) A petitioner may request an emergency firearms
7restraining order by filing an affidavit or verified pleading
8alleging that the respondent poses an immediate and present
9danger of causing personal injury to himself, herself, or
10another by having in his or her custody or control,
11purchasing, possessing, or receiving a firearm, ammunition, or
12firearm parts that could be assembled to make an operable
13firearm. The petition shall also describe the type and
14location of any firearm or firearms, ammunition, or firearm
15parts that could be assembled to make an operable firearm
16presently believed by the petitioner to be possessed or
17controlled by the respondent.
18    (b) If the respondent is alleged to pose an immediate and
19present danger of causing personal injury to an intimate
20partner, or an intimate partner is alleged to have been the
21target of a threat or act of violence by the respondent, the
22petitioner shall make a good faith effort to provide notice to
23any and all intimate partners of the respondent. The notice
24must include that the petitioner intends to petition the court
25for an emergency firearms restraining order, and, if the

 

 

HB4376- 116 -LRB102 21797 RLC 30917 b

1petitioner is a law enforcement officer, referral to relevant
2domestic violence or stalking advocacy or counseling
3resources, if appropriate. The petitioner shall attest to
4having provided the notice in the filed affidavit or verified
5pleading. If, after making a good faith effort, the petitioner
6is unable to provide notice to any or all intimate partners,
7the affidavit or verified pleading should describe what
8efforts were made.
9    (c) Every person who files a petition for an emergency
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) An emergency firearms restraining order shall be
15issued on an ex parte basis, that is, without notice to the
16respondent.
17    (e) An emergency hearing held on an ex parte basis shall be
18held the same day that the petition is filed or the next day
19that the court is in session.
20    (f) If a circuit or associate judge finds probable cause
21to believe that the respondent poses an immediate and present
22danger of causing personal injury to himself, herself, or
23another by having in his or her custody or control,
24purchasing, possessing, or receiving a firearm, ammunition, or
25firearm parts that could be assembled to make an operable
26firearm, the circuit or associate judge shall issue an

 

 

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1emergency order.
2    (f-5) If the court issues an emergency firearms
3restraining order, it shall, upon a finding of probable cause
4that the respondent possesses firearms, ammunition, or firearm
5parts that could be assembled to make an operable firearm,
6issue a search warrant directing a law enforcement agency to
7seize the respondent's firearms, ammunition, and firearm parts
8that could be assembled to make an operable firearm. The court
9may, as part of that warrant, direct the law enforcement
10agency to search the respondent's residence and other places
11where the court finds there is probable cause to believe he or
12she is likely to possess the firearms, ammunition, or firearm
13parts that could be assembled to make an operable firearm. A
14return of the search warrant shall be filed by the law
15enforcement agency within 4 days thereafter, setting forth the
16time, date, and location that the search warrant was executed
17and what items, if any, were seized.
18    (g) An emergency firearms restraining order shall require:
19        (1) the respondent to refrain from having in his or
20    her custody or control, purchasing, possessing, or
21    receiving additional firearms, ammunition, or firearm
22    parts that could be assembled to make an operable firearm,
23    or removing firearm parts that could be assembled to make
24    an operable firearm for the duration of the order under
25    Section 8.2 of the Firearm Owners Identification Card Act;
26    and

 

 

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1        (2) the respondent to comply with Section 9.5 of the
2    Firearm Owners Identification Card Act and subsection (g)
3    of Section 70 of the Firearm Concealed Carry Act Illinois,
4    ammunition, and firearm parts that could be assembled to
5    make an operable firearm.
6    (h) Except as otherwise provided in subsection (h-5) of
7this Section, upon expiration of the period of safekeeping, if
8the firearms, ammunition, and firearm parts that could be
9assembled to make an operable firearm or Firearm Owner's
10Identification Card and concealed carry license cannot be
11returned to the respondent because the respondent cannot be
12located, fails to respond to requests to retrieve the
13firearms, or is not lawfully eligible to possess a firearm,
14ammunition, or firearm parts that could be assembled to make
15an operable firearm, upon petition from the local law
16enforcement agency, the court may order the local law
17enforcement agency to destroy the firearms, ammunition, and
18firearm parts that could be assembled to make an operable
19firearm, use the firearms, ammunition, and firearm parts that
20could be assembled to make an operable firearm for training
21purposes, or use the firearms, ammunition, and firearm parts
22that could be assembled to make an operable firearm for any
23other application as deemed appropriate by the local law
24enforcement agency.
25    (h-5) On or before January 1, 2022, a respondent whose
26firearms have been turned over to a local law enforcement

 

 

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

 

 

HB4376- 120 -LRB102 21797 RLC 30917 b

1firearm, ammunition, and firearm parts that could be assembled
2to make an operable firearm, the firearm, ammunition, and
3firearm parts that could be assembled to make an operable
4firearm shall be returned to him or her, provided that:
5        (1) the firearm, ammunition, and firearm parts that
6    could be assembled to make an operable firearm are removed
7    from the respondent's custody, control, or possession and
8    the lawful owner agrees to store the firearm, ammunition,
9    and firearm parts that could be assembled to make an
10    operable firearm in a manner such that the respondent does
11    not have access to or control of the firearm, ammunition,
12    and firearm parts that could be assembled to make an
13    operable firearm; and
14        (2) the firearm, ammunition, and firearm parts that
15    could be assembled to make an operable firearm are not
16    otherwise unlawfully possessed by the owner.
17    The person petitioning for the return of his or her
18firearm, ammunition, and firearm parts that could be assembled
19to make an operable firearm must swear or affirm by affidavit
20that he or she: (i) is the lawful owner of the firearm,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm; (ii) shall not transfer the firearm,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm to the respondent; and (iii) will store
25the firearm, ammunition, and firearm parts that could be
26assembled to make an operable firearm in a manner that the

 

 

HB4376- 121 -LRB102 21797 RLC 30917 b

1respondent does not have access to or control of the firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm.
4    (i) In accordance with subsection (e) of this Section, the
5court shall schedule a full hearing as soon as possible, but no
6longer than 14 days from the issuance of an ex parte firearms
7restraining order, to determine if a 6-month firearms
8restraining order shall be issued. The court may extend an ex
9parte order as needed, but not to exceed 14 days, to effectuate
10service of the order or if necessary to continue protection.
11The court may extend the order for a greater length of time by
12mutual agreement of the parties.
13(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
14102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
 
15    (430 ILCS 67/40)
16    (Text of Section before amendment by P.A. 102-237)
17    Sec. 40. Six-month orders.
18    (a) A petitioner may request a 6-month firearms
19restraining order by filing an affidavit or verified pleading
20alleging that the respondent poses a significant danger of
21causing personal injury to himself, herself, or another in the
22near future by having in his or her custody or control,
23purchasing, possessing, or receiving a firearm. The petition
24shall also describe the number, types, and locations of any
25firearms presently believed by the petitioner to be possessed

 

 

HB4376- 122 -LRB102 21797 RLC 30917 b

1or controlled by the respondent.
2    (b) If the respondent is alleged to pose a significant
3danger of causing personal injury to an intimate partner, or
4an intimate partner is alleged to have been the target of a
5threat or act of violence by the respondent, the petitioner
6shall make a good faith effort to provide notice to any and all
7intimate partners of the respondent. The notice must include
8that the petitioner intends to petition the court for a
96-month firearms restraining order, and, if the petitioner is
10a law enforcement officer, referral to relevant domestic
11violence or stalking advocacy or counseling resources, if
12appropriate. The petitioner shall attest to having provided
13the notice in the filed affidavit or verified pleading. If,
14after making a good faith effort, the petitioner is unable to
15provide notice to any or all intimate partners, the affidavit
16or verified pleading should describe what efforts were made.
17    (c) Every person who files a petition for a 6-month
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) Upon receipt of a petition for a 6-month firearms
23restraining order, the court shall order a hearing within 30
24days.
25    (e) In determining whether to issue a firearms restraining
26order under this Section, the court shall consider evidence

 

 

HB4376- 123 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 124 -LRB102 21797 RLC 30917 b

1respondent poses a significant danger of personal injury to
2himself, herself, or another by having in his or her custody or
3control, purchasing, possessing, or receiving a firearm.
4    (g) If the court finds that there is clear and convincing
5evidence to issue a firearms restraining order, the court
6shall issue a firearms restraining order that shall be in
7effect for 6 months subject to renewal under Section 45 of this
8Act or termination under that Section.
9    (g-5) If the court issues a 6-month firearms restraining
10order, it shall, upon a finding of probable cause that the
11respondent possesses firearms, issue a search warrant
12directing a law enforcement agency to seize the respondent's
13firearms. The court may, as part of that warrant, direct the
14law enforcement agency to search the respondent's residence
15and other places where the court finds there is probable cause
16to believe he or she is likely to possess the firearms.
17    (h) A 6-month firearms restraining order shall require:
18        (1) the respondent to refrain from having in his or
19    her custody or control, purchasing, possessing, or
20    receiving additional firearms for the duration of the
21    order under Section 8.2 of the Firearm Owners
22    Identification Card Act; and
23        (2) the respondent to comply with Section 9.5 of the
24    Firearm Owners Identification Card Act and subsection (g)
25    of Section 70 of the Firearm Concealed Carry Act. Illinois
26    (i) Except as otherwise provided in subsection (i-5) of

 

 

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

 

 

HB4376- 126 -LRB102 21797 RLC 30917 b

1has notice of the petition, to have the firearm returned to him
2or her. If the court determines that person to be the lawful
3owner of the firearm, the firearm shall be returned to him or
4her, provided that:
5        (1) the firearm is removed from the respondent's
6    custody, control, or possession and the lawful owner
7    agrees to store the firearm in a manner such that the
8    respondent does not have access to or control of the
9    firearm; and
10        (2) the firearm is not otherwise unlawfully possessed
11    by the owner.
12    The person petitioning for the return of his or her
13firearm must swear or affirm by affidavit that he or she: (i)
14is the lawful owner of the firearm; (ii) shall not transfer the
15firearm to the respondent; and (iii) will store the firearm in
16a manner that the respondent does not have access to or control
17of the firearm.
18    (j) If the court does not issue a firearms restraining
19order at the hearing, the court shall dissolve any emergency
20firearms restraining order then in effect.
21    (k) When the court issues a firearms restraining order
22under this Section, the court shall inform the respondent that
23he or she is entitled to one hearing during the period of the
24order to request a termination of the order, under Section 45
25of this Act, and shall provide the respondent with a form to
26request a hearing.

 

 

HB4376- 127 -LRB102 21797 RLC 30917 b

1(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
2102-538, eff. 8-20-21; revised 11-3-21.)
 
3    (Text of Section after amendment by P.A. 102-345)
4    Sec. 40. Six-month orders.
5    (a) A petitioner may request a 6-month firearms
6restraining order by filing an affidavit or verified pleading
7alleging that the respondent poses a significant danger of
8causing personal injury to himself, herself, or another in the
9near future by having in his or her custody or control,
10purchasing, possessing, or receiving a firearm, ammunition,
11and firearm parts that could be assembled to make an operable
12firearm. The petition shall also describe the number, types,
13and locations of any firearms, ammunition, and firearm parts
14that could be assembled to make an operable firearm presently
15believed by the petitioner to be possessed or controlled by
16the respondent.
17    (b) If the respondent is alleged to pose a significant
18danger of causing personal injury to an intimate partner, or
19an intimate partner is alleged to have been the target of a
20threat or act of violence by the respondent, the petitioner
21shall make a good faith effort to provide notice to any and all
22intimate partners of the respondent. The notice must include
23that the petitioner intends to petition the court for a
246-month firearms restraining order, and, if the petitioner is
25a law enforcement officer, referral to relevant domestic

 

 

HB4376- 128 -LRB102 21797 RLC 30917 b

1violence or stalking advocacy or counseling resources, if
2appropriate. The petitioner shall attest to having provided
3the notice in the filed affidavit or verified pleading. If,
4after making a good faith effort, the petitioner is unable to
5provide notice to any or all intimate partners, the affidavit
6or verified pleading should describe what efforts were made.
7    (c) Every person who files a petition for a 6-month
8firearms restraining order, knowing the information provided
9to the court at any hearing or in the affidavit or verified
10pleading to be false, is guilty of perjury under Section 32-2
11of the Criminal Code of 2012.
12    (d) Upon receipt of a petition for a 6-month firearms
13restraining order, the court shall order a hearing within 30
14days.
15    (e) In determining whether to issue a firearms restraining
16order under this Section, the court shall consider evidence
17including, but not limited to, the following:
18        (1) The unlawful and reckless use, display, or
19    brandishing of a firearm, ammunition, and firearm parts
20    that could be assembled to make an operable firearm by the
21    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.

 

 

HB4376- 129 -LRB102 21797 RLC 30917 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,
22ammunition, and firearm parts that could be assembled to make
23an operable firearm.
24    (g) If the court finds that there is clear and convincing
25evidence to issue a firearms restraining order, the court
26shall issue a firearms restraining order that shall be in

 

 

HB4376- 130 -LRB102 21797 RLC 30917 b

1effect for 6 months subject to renewal under Section 45 of this
2Act or termination under that Section.
3    (g-5) If the court issues a 6-month firearms restraining
4order, it shall, upon a finding of probable cause that the
5respondent possesses firearms, ammunition, and firearm parts
6that could be assembled to make an operable firearm, issue a
7search warrant directing a law enforcement agency to seize the
8respondent's firearms, ammunition, and firearm parts that
9could be assembled to make an operable firearm. The court may,
10as part of that warrant, direct the law enforcement agency to
11search the respondent's residence and other places where the
12court finds there is probable cause to believe he or she is
13likely to possess the firearms, ammunition, and firearm parts
14that could be assembled to make an operable firearm. A return
15of the search warrant shall be filed by the law enforcement
16agency within 4 days thereafter, setting forth the time, date,
17and location that the search warrant was executed and what
18items, if any, were seized.
19    (h) A 6-month firearms restraining order shall require:
20        (1) the respondent to refrain from having in his or
21    her custody or control, purchasing, possessing, or
22    receiving additional firearms, ammunition, and firearm
23    parts that could be assembled to make an operable firearm
24    for the duration of the order under Section 8.2 of the
25    Firearm Owners Identification Card Act; and
26        (2) the respondent to comply with Section 9.5 of the

 

 

HB4376- 131 -LRB102 21797 RLC 30917 b

1    Firearm Owners Identification Card Act and subsection (g)
2    of Section 70 of the Firearm Concealed Carry Act,
3    ammunition, and firearm parts that could be assembled to
4    make an operable firearm. Illinois, ammunition, and
5    firearm parts that could be assembled to make an operable
6    firearm
7    (i) Except as otherwise provided in subsection (i-5) of
8this Section, upon expiration of the period of safekeeping, if
9the firearms, ammunition, and firearm parts that could be
10assembled to make an operable firearm or Firearm Owner's
11Identification Card cannot be returned to the respondent
12because the respondent cannot be located, fails to respond to
13requests to retrieve the firearms, ammunition, and firearm
14parts that could be assembled to make an operable firearm, or
15is not lawfully eligible to possess a firearm, ammunition, and
16firearm parts that could be assembled to make an operable
17firearm, upon petition from the local law enforcement agency,
18the court may order the local law enforcement agency to
19destroy the firearms, ammunition, and firearm parts that could
20be assembled to make an operable firearm, use the firearms,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm for training purposes, or use the
23firearms, ammunition, and firearm parts that could be
24assembled to make an operable firearm for any other
25application as deemed appropriate by the local law enforcement
26agency.

 

 

HB4376- 132 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 133 -LRB102 21797 RLC 30917 b

1court determines that person to be the lawful owner of the
2firearm, ammunition, and firearm parts that could be assembled
3to make an operable firearm, the firearm, ammunition, and
4firearm parts that could be assembled to make an operable
5firearm shall be returned to him or her, provided that:
6        (1) the firearm, ammunition, and firearm parts that
7    could be assembled to make an operable firearm are removed
8    from the respondent's custody, control, or possession and
9    the lawful owner agrees to store the firearm, ammunition,
10    and firearm parts that could be assembled to make an
11    operable firearm in a manner such that the respondent does
12    not have access to or control of the firearm, ammunition,
13    and firearm parts that could be assembled to make an
14    operable firearm; and
15        (2) the firearm, ammunition, and firearm parts that
16    could be assembled to make an operable firearm are not
17    otherwise unlawfully possessed by the owner.
18    The person petitioning for the return of his or her
19firearm, ammunition, and firearm parts that could be assembled
20to make an operable firearm must swear or affirm by affidavit
21that he or she: (i) is the lawful owner of the firearm,
22ammunition, and firearm parts that could be assembled to make
23an operable firearm; (ii) shall not transfer the firearm,
24ammunition, and firearm parts that could be assembled to make
25an operable firearm to the respondent; and (iii) will store
26the firearm, ammunition, and firearm parts that could be

 

 

HB4376- 134 -LRB102 21797 RLC 30917 b

1assembled to make an operable firearm in a manner that the
2respondent does not have access to or control of the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm.
5    (j) If the court does not issue a firearms restraining
6order at the hearing, the court shall dissolve any emergency
7firearms restraining order then in effect.
8    (k) When the court issues a firearms restraining order
9under this Section, the court shall inform the respondent that
10he or she is entitled to one hearing during the period of the
11order to request a termination of the order, under Section 45
12of this Act, and shall provide the respondent with a form to
13request a hearing.
14(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
15102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
 
16    Section 67. The Firearm Dealer License Certification Act
17is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
18follows:
 
19    (430 ILCS 68/5-20)
20    Sec. 5-20. Additional licensee requirements.
21    (a) A certified licensee shall make a photo copy of a
22buyer's or transferee's valid photo identification card
23whenever a firearm sale transaction takes place. The photo
24copy shall be attached to the documentation detailing the

 

 

HB4376- 135 -LRB102 21797 RLC 30917 b

1record of sale.
2    (b) A certified licensee shall post in a conspicuous
3position on the premises where the licensee conducts business
4a sign that contains the following warning in block letters
5not less than one inch in height:
6        "With few exceptions enumerated in the Criminal Code
7    of 2012 Firearm Owners Identification Card Act, it is
8    unlawful for you to:
9            (A) store or leave an unsecured firearm in a place
10        where a child can obtain access to it; or
11            (B) sell or transfer your firearm to someone else
12        without receiving approval for the transfer from the
13        Illinois State Police, or
14            (B) (C) fail to report the loss or theft of your
15        firearm to local law enforcement within 72 hours.".
16This sign shall be created by the Illinois State Police and
17made available for printing or downloading from the Illinois
18State Police's website.
19    (c) No retail location established after the effective
20date of this Act shall be located within 500 feet of any
21school, pre-school, or day care facility in existence at its
22location before the retail location is established as measured
23from the nearest corner of the building holding the retail
24location to the corner of the school, pre-school, or day care
25facility building nearest the retail location at the time the
26retail location seeks licensure.

 

 

HB4376- 136 -LRB102 21797 RLC 30917 b

1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (430 ILCS 68/5-25)
3    Sec. 5-25. Exemptions. The provisions of this Act related
4to the certification of a license do not apply to a person or
5entity that engages in the following activities:
6        (1) temporary transfers of firearms solely for use at
7    the location or on the premises where the transfer takes
8    place, such as transfers at a shooting range for use at
9    that location;
10        (2) temporary transfers of firearms solely for use
11    while in the presence of the transferor or transfers for
12    the purposes of firearm safety training by a firearms
13    safety training instructor;
14        (3) transfers of firearms among immediate family or
15    household members, as "immediate family or household
16    member" is defined in Section 3-2.7-10 of the Unified Code
17    of Corrections, provided that both the transferor and
18    transferee are not prohibited from possessing a firearm
19    under federal or State law have a currently valid Firearm
20    Owner's Identification Card; however, this paragraph (3)
21    does not limit the familial gift exemption under paragraph
22    (2) of subsection (a-15) of Section 3 of the Firearm
23    Owners Identification Card Act;
24        (4) transfers by persons or entities acting under
25    operation of law or a court order;

 

 

HB4376- 137 -LRB102 21797 RLC 30917 b

1        (5) transfers by persons or entities liquidating all
2    or part of a collection. For purposes of this paragraph
3    (5), "collection" means 2 or more firearms which are of
4    special interest to collectors by reason of some quality
5    other than is associated with firearms intended for
6    sporting use or as offensive or defensive weapons;
7        (6) transfers of firearms that have been rendered
8    permanently inoperable to a nonprofit historical society,
9    museum, or institutional collection;
10        (7) transfers by a law enforcement or corrections
11    agency or a law enforcement or corrections officer acting
12    within the course and scope of his or her official duties;
13        (8) (blank); transfers to a State or local law
14    enforcement agency by a person who has his or her Firearm
15    Owner's Identification Card revoked;
16        (9) transfers of curios and relics, as defined under
17    federal law, between collectors licensed under subsection
18    (b) of Section 923 of the federal Gun Control Act of 1968;
19        (10) transfers by a person or entity licensed as an
20    auctioneer under the Auction License Act;
21        (10.5) transfers of firearms to a resident registered
22    competitor or attendee or non-resident registered
23    competitor or attendee by a licensed federal firearms
24    dealer under Section 923 of the federal Gun Control Act of
25    1968 at a competitive shooting event held at the World
26    Shooting and Recreational Complex that is sanctioned by a

 

 

HB4376- 138 -LRB102 21797 RLC 30917 b

1    national governing body; or
2        (11) transfers between a pawnshop and a customer which
3    amount to a bailment. For purposes of this paragraph (11),
4    "bailment" means the act of placing property in the
5    custody and control of another, by agreement in which the
6    holder is responsible for the safekeeping and return of
7    the property.
8(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
9    (430 ILCS 68/5-40)
10    Sec. 5-40. Qualifications for operation.
11    (a) Each certified licensee shall submit with each
12application for certification or renewal an affidavit to the
13Illinois State Police stating that each owner, employee, or
14other agent of the certified licensee who sells or conducts
15transfers of firearms for the certified licensee is at least
1621 years of age, has a currently valid Firearm Owner's
17Identification Card and, for a renewal, has completed the
18training required under Section 5-30. The affidavit must also
19contain the name and Firearm Owner's Identification Card
20number of each owner, employee, or other agent who sells or
21conducts transfers of firearms for the certified licensee. If
22an owner, employee, or other agent of the certified licensee
23is not otherwise a resident of this State, the certified
24licensee shall submit an affidavit stating that the owner,
25employee, or other agent has undergone a background check and

 

 

HB4376- 139 -LRB102 21797 RLC 30917 b

1is not prohibited from owning or possessing firearms.
2    (b) In addition to the affidavit required under subsection
3(a), within 30 days of a new owner, employee, or other agent
4beginning selling or conducting transfers of firearms for the
5certified licensee, the certified licensee shall submit an
6affidavit to the Illinois State Police stating the date that
7the new owner, employee, or other agent began selling or
8conducting transfers of firearms for the certified licensee,
9and providing the information required in subsection (a) for
10that new owner, employee, or other agent.
11    (c) If a certified licensee has a license, certificate, or
12permit to sell, lease, transfer, purchase, or possess firearms
13issued by the federal government or the government of any
14state revoked or suspended for good cause within the preceding
154 years, the Illinois State Police may consider revoking or
16suspending the certified licenses in this State. In making a
17determination of whether or not to revoke or suspend a
18certified license in this State, the Illinois State Police
19shall consider the number of retail locations the certified
20licensee or any related person or entity operates in this
21State or in other states under the same or different business
22names, and the severity of the infraction in the state in which
23a license was revoked or suspended.
24    (d) Applications and affidavits required under this
25Section are not subject to disclosure by the Illinois State
26Police under the Freedom of Information Act.

 

 

HB4376- 140 -LRB102 21797 RLC 30917 b

1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (430 ILCS 68/5-85)
3    Sec. 5-85. Disciplinary sanctions.
4    (a) For violations of this Act not penalized under Section
55-15, the Illinois State Police may refuse to renew or
6restore, or may reprimand, place on probation, suspend,
7revoke, or take other disciplinary or non-disciplinary action
8against any licensee, and may impose a fine commensurate with
9the severity of the violation not to exceed $10,000 for each
10violation for any of the following, consistent with the
11Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
12through 7903:
13        (1) Violations of this Act, or any law applicable to
14    the sale or transfer of firearms.
15        (2) A pattern of practice or other behavior which
16    demonstrates incapacity or incompetency to practice under
17    this Act.
18        (3) Aiding or assisting another person in violating
19    any provision of this Act or rules adopted under this Act.
20        (4) Failing, within 60 days, to provide information in
21    response to a written request made by the Illinois State
22    Police.
23        (5) Conviction of, plea of guilty to, or plea of nolo
24    contendere to any crime that disqualifies the person from
25    obtaining a firearm valid Firearm Owner's Identification

 

 

HB4376- 141 -LRB102 21797 RLC 30917 b

1    Card.
2        (6) Continued practice, although the person has become
3    unfit to practice due to any of the following:
4            (A) Any circumstance that disqualifies the person
5        from obtaining a firearm valid Firearm Owner's
6        Identification Card or concealed carry license.
7            (B) Habitual or excessive use or abuse of drugs
8        defined in law as controlled substances, alcohol, or
9        any other substance that results in the inability to
10        practice with reasonable judgment, skill, or safety.
11        (7) Receiving, directly or indirectly, compensation
12    for any firearms sold or transferred illegally.
13        (8) Discipline by another United States jurisdiction,
14    foreign nation, or governmental agency, if at least one of
15    the grounds for the discipline is the same or
16    substantially equivalent to those set forth in this Act.
17        (9) Violation of any disciplinary order imposed on a
18    licensee by the Illinois State Police.
19        (10) A finding by the Illinois State Police that the
20    licensee, after having his or her certified license placed
21    on probationary status, has violated the terms of
22    probation.
23        (11) A fraudulent or material misstatement in the
24    completion of an affirmative obligation or inquiry by law
25    enforcement.
26    (b) All fines imposed under this Section shall be paid

 

 

HB4376- 142 -LRB102 21797 RLC 30917 b

1within 90 days after the effective date of the final order
2imposing the fine.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 70. The Wildlife Code is amended by changing
5Sections 3.2 and 3.2a as follows:
 
6    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
7    Sec. 3.2. Hunting license; application; instruction.
8Before the Department or any county, city, village, township,
9incorporated town clerk or his duly designated agent or any
10other person authorized or designated by the Department to
11issue hunting licenses shall issue a hunting license to any
12person, the person shall file his application with the
13Department or other party authorized to issue licenses on a
14form provided by the Department and further give definite
15proof of identity and place of legal residence. Each clerk
16designating agents to issue licenses and stamps shall furnish
17the Department, within 10 days following the appointment, the
18names and mailing addresses of the agents. Each clerk or his
19duly designated agent shall be authorized to sell licenses and
20stamps only within the territorial area for which he was
21elected or appointed. No duly designated agent is authorized
22to furnish licenses or stamps for issuance by any other
23business establishment. Each application shall be executed and
24sworn to and shall set forth the name and description of the

 

 

HB4376- 143 -LRB102 21797 RLC 30917 b

1applicant and place of residence.
2    No hunting license shall be issued to any person born on or
3after January 1, 1980 unless he presents the person authorized
4to issue the license evidence that he has held a hunting
5license issued by the State of Illinois or another state in a
6prior year, or a certificate of competency as provided in this
7Section. Persons under 18 years of age may be issued a Lifetime
8Hunting or Sportsmen's Combination License as provided under
9Section 20-45 of the Fish and Aquatic Life Code but shall not
10be entitled to hunt alone, without the supervision of an adult
11age 21 or older, unless they have a certificate of competency
12as provided in this Section and the certificate is in their
13possession while hunting.
14    The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization
23has as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25    The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

 

 

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1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14    The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2012 license year, resident veterans
17of the United States Armed Forces after returning from service
18abroad or mobilization by the President of the United States,
19the fee is one-half of the fee charged for a hunting license to
20hunt all species for a resident of Illinois. Veterans must
21provide to the Department, at one of the Department's 5
22regional offices, verification of their service. The
23Department shall establish what constitutes suitable
24verification of service for the purpose of issuing resident
25veterans hunting licenses at a reduced fee. The fee for a
26hunting license to hunt all species shall be $1 for residents

 

 

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1over 75 years of age. Nonresidents shall be charged $57 for a
2hunting license.
3    Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6    A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section
93.27, shall be issued upon proper application being made and
10payment of a fee equal to that for a resident hunting license.
11The expiration date of this license shall be on the same date
12each year that game breeding and hunting preserve area
13licenses expire.
14    Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a
16fee of $15 and shall receive a stamp. The fee for a State
17Migratory Waterfowl Stamp shall be waived for residents over
1875 years of age. Except as provided under Section 20-45 of the
19Fish and Aquatic Life Code, the stamp shall be signed by the
20person or affixed to his license or permit in a space
21designated by the Department for that purpose.
22    Each applicant for a State Habitat Stamp, regardless of
23his residence or other condition, shall pay a fee of $5 and
24shall receive a stamp. The fee for a State Habitat Stamp shall
25be waived for residents over 75 years of age. Except as
26provided under Section 20-45 of the Fish and Aquatic Life

 

 

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1Code, the stamp shall be signed by the person or affixed to his
2license or permit in a space designated by the Department for
3that purpose.
4    Nothing in this Section shall be construed as to require
5the purchase of more than one State Habitat Stamp by any person
6in any one license year.
7    The fees for State Pheasant Stamps and State Furbearer
8Stamps shall be waived for residents over 75 years of age.
9    The Department shall furnish the holders of hunting
10licenses and stamps with an insignia as evidence of possession
11of license, or license and stamp, as the Department may
12consider advisable. The insignia shall be exhibited and used
13as the Department may order.
14    All other hunting licenses and all State stamps shall
15expire upon March 31 of each year.
16    Every person holding any license, permit, or stamp issued
17under the provisions of this Act shall have it in his
18possession for immediate presentation for inspection to the
19officers and authorized employees of the Department, any
20sheriff, deputy sheriff, or any other peace officer making a
21demand for it. This provision shall not apply to Department
22owned or managed sites where it is required that all hunters
23deposit their license or , permit, or Firearm Owner's
24Identification Card at the check station upon entering the
25hunting areas.
26(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 

 

 

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1    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
2    Sec. 3.2a. Every person holding any license, permit or
3stamp issued under the provisions hereof shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license or , permit or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12(Source: P.A. 85-152.)
 
13    Section 75. The Criminal Code of 2012 is amended by
14changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
1624-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
17follows:
 
18    (720 ILCS 5/2-7.1)
19    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
20"Firearm "Firearm" and "firearm ammunition" means any
21self-contained cartridge or shotgun shell, by whatever name
22known, which is designed to be used or adaptable to use in a
23firearm; excluding, however:

 

 

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1    (1) any ammunition exclusively designed for use with a
2device used exclusively for signaling or safety and required
3or recommended by the United States Coast Guard or the
4Interstate Commerce Commission; and
5    (2) any ammunition designed exclusively for use with a
6stud or rivet driver or other similar industrial ammunition
7have the meanings ascribed to them in Section 1.1 of the
8Firearm Owners Identification Card Act.
9(Source: P.A. 91-544, eff. 1-1-00.)
 
10    (720 ILCS 5/2-7.5)
11    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
12specific Section, "firearm" means any device, by whatever name
13known, which is designed to expel a projectile or projectiles
14by the action of an explosion, expansion of gas or escape of
15gas; excluding, however:
16    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
17gun which expels a single globular projectile not exceeding
18.18 inch in diameter or which has a maximum muzzle velocity of
19less than 700 feet per second;
20    (1.1) any pneumatic gun, spring gun, paint ball gun, or
21B-B gun which expels breakable paint balls containing washable
22marking colors;
23    (2) any device used exclusively for signaling or safety
24and required or recommended by the United States Coast Guard
25or the Interstate Commerce Commission;

 

 

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

 

 

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1    or disfigurement to an individual whom the person knows to
2    be a peace officer, community policing volunteer, fireman,
3    private security officer, correctional institution
4    employee, or Department of Human Services employee
5    supervising or controlling sexually dangerous persons or
6    sexually violent persons:
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        (4) Causes great bodily harm or permanent disability
13    or disfigurement to an individual 60 years of age or
14    older.
15        (5) Strangles another individual.
16    (b) Offense based on injury to a child or person with an
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
21        (1) causes great bodily harm or permanent disability
22    or disfigurement to any child under the age of 13 years, or
23    to any person with a severe or profound intellectual
24    disability; or
25        (2) causes bodily harm or disability or disfigurement
26    to any child under the age of 13 years or to any person

 

 

HB4376- 151 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 152 -LRB102 21797 RLC 30917 b

1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (5) A judge, emergency management worker, emergency
5    medical services personnel, or utility worker:
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        (6) An officer or employee of the State of Illinois, a
12    unit of local government, or a school district, while
13    performing his or her official duties.
14        (7) A transit employee performing his or her official
15    duties, or a transit passenger.
16        (8) A taxi driver on duty.
17        (9) A merchant who detains the person for an alleged
18    commission of retail theft under Section 16-26 of this
19    Code and the person without legal justification by any
20    means causes bodily harm to the merchant.
21        (10) A person authorized to serve process under
22    Section 2-202 of the Code of Civil Procedure or a special
23    process server appointed by the circuit court while that
24    individual is in the performance of his or her duties as a
25    process server.
26        (11) A nurse while in the performance of his or her

 

 

HB4376- 153 -LRB102 21797 RLC 30917 b

1    duties as a nurse.
2        (12) A merchant: (i) while performing his or her
3    duties, including, but not limited to, relaying directions
4    for healthcare or safety from his or her supervisor or
5    employer or relaying health or safety guidelines,
6    recommendations, regulations, or rules from a federal,
7    State, or local public health agency; and (ii) during a
8    disaster declared by the Governor, or a state of emergency
9    declared by the mayor of the municipality in which the
10    merchant is located, due to a public health emergency and
11    for a period of 6 months after such declaration.
12    (e) Offense based on use of a firearm. A person commits
13aggravated battery when, in committing a battery, he or she
14knowingly does any of the following:
15        (1) Discharges a firearm, other than a machine gun or
16    a firearm equipped with a silencer, and causes any injury
17    to another person.
18        (2) Discharges a firearm, other than a machine gun or
19    a firearm equipped with a silencer, and causes any injury
20    to a person he or she knows to be a peace officer,
21    community policing volunteer, person summoned by a police
22    officer, fireman, private security officer, correctional
23    institution employee, or emergency management worker:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

HB4376- 154 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 155 -LRB102 21797 RLC 30917 b

1            (ii) battered to prevent performance of his or her
2        official duties; or
3            (iii) battered in retaliation for performing his
4        or her official duties.
5        (7) Discharges a machine gun or a firearm equipped
6    with a silencer, and causes any injury to a person he or
7    she knows to be emergency medical services personnel:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (8) Discharges a machine gun or a firearm equipped
14    with a silencer, and causes any injury to a person he or
15    she knows to be a teacher, or a student in a school, or a
16    school employee, and the teacher, student, or employee is
17    upon school grounds or grounds adjacent to a school or in
18    any part of a building used for school purposes.
19    (f) Offense based on use of a weapon or device. A person
20commits aggravated battery when, in committing a battery, he
21or she does any of the following:
22        (1) Uses a deadly weapon other than by discharge of a
23    firearm, or uses an air rifle as defined in Section
24    24.8-0.1 of this Code.
25        (2) Wears a hood, robe, or mask to conceal his or her
26    identity.

 

 

HB4376- 156 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 157 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 158 -LRB102 21797 RLC 30917 b

1        (A) the person used or attempted to use a dangerous
2    instrument while committing the offense;
3        (B) the person caused great bodily harm or permanent
4    disability or disfigurement to the other person while
5    committing the offense; or
6        (C) the person has been previously convicted of a
7    violation of subdivision (a)(5) under the laws of this
8    State or laws similar to subdivision (a)(5) of any other
9    state.
10    Aggravated battery as defined in subdivision (e)(1) is a
11Class X felony.
12    Aggravated battery as defined in subdivision (a)(2) is a
13Class X felony for which a person shall be sentenced to a term
14of imprisonment of a minimum of 6 years and a maximum of 45
15years.
16    Aggravated battery as defined in subdivision (e)(5) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 12 years and a maximum of 45
19years.
20    Aggravated battery as defined in subdivision (e)(2),
21(e)(3), or (e)(4) is a Class X felony for which a person shall
22be sentenced to a term of imprisonment of a minimum of 15 years
23and a maximum of 60 years.
24    Aggravated battery as defined in subdivision (e)(6),
25(e)(7), or (e)(8) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 20 years

 

 

HB4376- 159 -LRB102 21797 RLC 30917 b

1and a maximum of 60 years.
2    Aggravated battery as defined in subdivision (b)(1) is a
3Class X felony, except that:
4        (1) if the person committed the offense while armed
5    with a firearm, 15 years shall be added to the term of
6    imprisonment imposed by the court;
7        (2) if, during the commission of the offense, the
8    person personally discharged a firearm, 20 years shall be
9    added to the term of imprisonment imposed by the court;
10        (3) if, during the commission of the offense, the
11    person personally discharged a firearm that proximately
12    caused great bodily harm, permanent disability, permanent
13    disfigurement, or death to another person, 25 years or up
14    to a term of natural life shall be added to the term of
15    imprisonment imposed by the court.
16    (i) Definitions. In this Section:
17    "Building or other structure used to provide shelter" has
18the meaning ascribed to "shelter" in Section 1 of the Domestic
19Violence Shelters Act.
20    "Domestic violence" has the meaning ascribed to it in
21Section 103 of the Illinois Domestic Violence Act of 1986.
22    "Domestic violence shelter" means any building or other
23structure used to provide shelter or other services to victims
24or to the dependent children of victims of domestic violence
25pursuant to the Illinois Domestic Violence Act of 1986 or the
26Domestic Violence Shelters Act, or any place within 500 feet

 

 

HB4376- 160 -LRB102 21797 RLC 30917 b

1of such a building or other structure in the case of a person
2who is going to or from such a building or other structure.
3    "Firearm" has the meaning provided under Section 2-7.5 of
4this Code 1.1 of the Firearm Owners Identification Card Act,
5and does not include an air rifle as defined by Section
624.8-0.1 of this Code.
7    "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9    "Merchant" has the meaning ascribed to it in Section
1016-0.1 of this Code.
11    "Strangle" means intentionally impeding the normal
12breathing or circulation of the blood of an individual by
13applying pressure on the throat or neck of that individual or
14by blocking the nose or mouth of that individual.
15(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
16    (720 ILCS 5/16-0.1)
17    Sec. 16-0.1. Definitions. In this Article, unless the
18context clearly requires otherwise, the following terms are
19defined as indicated:
20    "Access" means to use, instruct, communicate with, store
21data in, retrieve or intercept data from, or otherwise utilize
22any services of a computer.
23    "Coin-operated machine" includes any automatic vending
24machine or any part thereof, parking meter, coin telephone,
25coin-operated transit turnstile, transit fare box, coin

 

 

HB4376- 161 -LRB102 21797 RLC 30917 b

1laundry machine, coin dry cleaning machine, amusement machine,
2music machine, vending machine dispensing goods or services,
3or money changer.
4    "Communication device" means any type of instrument,
5device, machine, or equipment which is capable of
6transmitting, acquiring, decrypting, or receiving any
7telephonic, electronic, data, Internet access, audio, video,
8microwave, or radio transmissions, signals, communications, or
9services, including the receipt, acquisition, transmission, or
10decryption of all such communications, transmissions, signals,
11or services provided by or through any cable television, fiber
12optic, telephone, satellite, microwave, radio, Internet-based,
13data transmission, or wireless distribution network, system or
14facility; or any part, accessory, or component thereof,
15including any computer circuit, security module, smart card,
16software, computer chip, electronic mechanism or other
17component, accessory or part of any communication device which
18is capable of facilitating the transmission, decryption,
19acquisition or reception of all such communications,
20transmissions, signals, or services.
21    "Communication service" means any service lawfully
22provided for a charge or compensation to facilitate the lawful
23origination, transmission, emission, or reception of signs,
24signals, data, writings, images, and sounds or intelligence of
25any nature by telephone, including cellular telephones or a
26wire, wireless, radio, electromagnetic, photo-electronic or

 

 

HB4376- 162 -LRB102 21797 RLC 30917 b

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

 

 

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1computers.
2    "Continuing course of conduct" means a series of acts, and
3the accompanying mental state necessary for the crime in
4question, irrespective of whether the series of acts are
5continuous or intermittent.
6    "Delivery container" means any bakery basket of wire or
7plastic used to transport or store bread or bakery products,
8any dairy case of wire or plastic used to transport or store
9dairy products, and any dolly or cart of 2 or 4 wheels used to
10transport or store any bakery or dairy product.
11    "Document-making implement" means any implement,
12impression, template, computer file, computer disc, electronic
13device, computer hardware, computer software, instrument, or
14device that is used to make a real or fictitious or fraudulent
15personal identification document.
16    "Financial transaction device" means any of the following:
17        (1) An electronic funds transfer card.
18        (2) A credit card.
19        (3) A debit card.
20        (4) A point-of-sale card.
21        (5) Any instrument, device, card, plate, code, account
22    number, personal identification number, or a record or
23    copy of a code, account number, or personal identification
24    number or other means of access to a credit account or
25    deposit account, or a driver's license or State
26    identification card used to access a proprietary account,

 

 

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1    other than access originated solely by a paper instrument,
2    that can be used alone or in conjunction with another
3    access device, for any of the following purposes:
4            (A) Obtaining money, cash refund or credit
5        account, credit, goods, services, or any other thing
6        of value.
7            (B) Certifying or guaranteeing to a person or
8        business the availability to the device holder of
9        funds on deposit to honor a draft or check payable to
10        the order of that person or business.
11            (C) Providing the device holder access to a
12        deposit account for the purpose of making deposits,
13        withdrawing funds, transferring funds between deposit
14        accounts, obtaining information pertaining to a
15        deposit account, or making an electronic funds
16        transfer.
17    "Full retail value" means the merchant's stated or
18advertised price of the merchandise. "Full retail value"
19includes the aggregate value of property obtained from retail
20thefts committed by the same person as part of a continuing
21course of conduct from one or more mercantile establishments
22in a single transaction or in separate transactions over a
23period of one year.
24    "Internet" means an interactive computer service or system
25or an information service, system, or access software provider
26that provides or enables computer access by multiple users to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of State of the State of Illinois or a similar agency of
2    another state.
3        (6) A person's social security number.
4        (7) A person's public, private, or government
5    employer, place of employment, or employment
6    identification number.
7        (8) The maiden name of a person's mother.
8        (9) The number assigned to a person's depository
9    account, savings account, or brokerage account.
10        (10) The number assigned to a person's credit or debit
11    card, commonly known as a "Visa Card", "MasterCard",
12    "American Express Card", "Discover Card", or other similar
13    cards whether issued by a financial institution,
14    corporation, or business entity.
15        (11) Personal identification numbers.
16        (12) Electronic identification numbers.
17        (13) Digital signals.
18        (14) User names, passwords, and any other word,
19    number, character or combination of the same usable in
20    whole or part to access information relating to a specific
21    individual, or to the actions taken, communications made
22    or received, or other activities or transactions of a
23    specific individual.
24        (15) Any other numbers or information which can be
25    used to access a person's financial resources, or to
26    identify a specific individual, or the actions taken,

 

 

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1    communications made or received, or other activities or
2    transactions of a specific individual.
3    "Premises of a retail mercantile establishment" includes,
4but is not limited to, the retail mercantile establishment;
5any common use areas in shopping centers; and all parking
6areas set aside by a merchant or on behalf of a merchant for
7the parking of vehicles for the convenience of the patrons of
8such retail mercantile establishment.
9    "Public water, gas, or power supply, or other public
10services" mean any service subject to regulation by the
11Illinois Commerce Commission; any service furnished by a
12public utility that is owned and operated by any political
13subdivision, public institution of higher education or
14municipal corporation of this State; any service furnished by
15any public utility that is owned by such political
16subdivision, public institution of higher education, or
17municipal corporation and operated by any of its lessees or
18operating agents; any service furnished by an electric
19cooperative as defined in Section 3.4 of the Electric Supplier
20Act; or wireless service or other service regulated by the
21Federal Communications Commission.
22    "Publish" means to communicate or disseminate information
23to any one or more persons, either orally, in person, or by
24telephone, radio or television or in writing of any kind,
25including, without limitation, a letter or memorandum,
26circular or handbill, newspaper or magazine article or book.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB4376- 175 -LRB102 21797 RLC 30917 b

1any computer circuit, computer chip, electronic mechanism, or
2other component that is capable of facilitating the
3transmission or reception of telephonic, electronic, or radio
4communications.
5(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
61-1-12; 97-1109, eff. 1-1-13.)
 
7    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
8    Sec. 17-30. Defaced, altered, or removed manufacturer or
9owner identification number.
10    (a) Unlawful sale of household appliances. A person
11commits unlawful sale of household appliances when he or she
12knowingly, with the intent to defraud or deceive another,
13keeps for sale, within any commercial context, any household
14appliance with a missing, defaced, obliterated, or otherwise
15altered manufacturer's identification number.
16    (b) Construction equipment identification defacement. A
17person commits construction equipment identification
18defacement when he or she knowingly changes, alters, removes,
19mutilates, or obliterates a permanently affixed serial number,
20product identification number, part number, component
21identification number, owner-applied identification, or other
22mark of identification attached to or stamped, inscribed,
23molded, or etched into a machine or other equipment, whether
24stationary or mobile or self-propelled, or a part of such
25machine or equipment, used in the construction, maintenance,

 

 

HB4376- 176 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 177 -LRB102 21797 RLC 30917 b

1defined in Section 1-146 of the Illinois Vehicle Code or a
2firearm as defined in the Firearm Owners Identification Card
3Act, with the intent of concealing or destroying the identity
4of such machine or other article of merchandise.
5    (d) Sentence.
6        (1) A violation of subsection (a) of this Section is a
7    Class 4 felony if the value of the appliance or appliances
8    exceeds $1,000 and a Class B misdemeanor if the value of
9    the appliance or appliances is $1,000 or less.
10        (2) A violation of subsection (b) of this Section is a
11    Class A misdemeanor.
12        (3) A violation of subsection (c) of this Section is a
13    Class B misdemeanor.
14    (e) No liability shall be imposed upon any person for the
15unintentional failure to comply with subsection (a).
16    (f) Definitions. In this Section:
17    "Commercial context" means a continuing business
18enterprise conducted for profit by any person whose primary
19business is the wholesale or retail marketing of household
20appliances, or a significant portion of whose business or
21inventory consists of household appliances kept or sold on a
22wholesale or retail basis.
23    "Household appliance" means any gas or electric device or
24machine marketed for use as home entertainment or for
25facilitating or expediting household tasks or chores. The term
26shall include but not necessarily be limited to refrigerators,

 

 

HB4376- 178 -LRB102 21797 RLC 30917 b

1freezers, ranges, radios, television sets, vacuum cleaners,
2toasters, dishwashers, and other similar household items.
3    "Manufacturer's identification number" means any serial
4number or other similar numerical or alphabetical designation
5imprinted upon or attached to or placed, stamped, or otherwise
6imprinted upon or attached to a household appliance or item by
7the manufacturer for purposes of identifying a particular
8appliance or item individually or by lot number.
9(Source: P.A. 96-1551, eff. 7-1-11.)
 
10    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
11    Sec. 24-1. Unlawful use of weapons.
12    (a) A person commits the offense of unlawful use of
13weapons when he knowingly:
14        (1) Sells, manufactures, purchases, possesses or
15    carries any bludgeon, black-jack, slung-shot, sand-club,
16    sand-bag, metal knuckles or other knuckle weapon
17    regardless of its composition, throwing star, or any
18    knife, commonly referred to as a switchblade knife, which
19    has a blade that opens automatically by hand pressure
20    applied to a button, spring or other device in the handle
21    of the knife, or a ballistic knife, which is a device that
22    propels a knifelike blade as a projectile by means of a
23    coil spring, elastic material or compressed gas; or
24        (2) Carries or possesses with intent to use the same
25    unlawfully against another, a dagger, dirk, billy,

 

 

HB4376- 179 -LRB102 21797 RLC 30917 b

1    dangerous knife, razor, stiletto, broken bottle or other
2    piece of glass, stun gun or taser or any other dangerous or
3    deadly weapon or instrument of like character; or
4        (2.5) Carries or possesses with intent to use the same
5    unlawfully against another, any firearm in a church,
6    synagogue, mosque, or other building, structure, or place
7    used for religious worship; or
8        (3) Carries on or about his person or in any vehicle, a
9    tear gas gun projector or bomb or any object containing
10    noxious liquid gas or substance, other than an object
11    containing a non-lethal noxious liquid gas or substance
12    designed solely for personal defense carried by a person
13    18 years of age or older; or
14        (4) Carries or possesses in any vehicle or concealed
15    on or about his person except when on his land or in his
16    own abode, legal dwelling, or fixed place of business, or
17    on the land or in the legal dwelling of another person as
18    an invitee with that person's permission, any pistol,
19    revolver, stun gun or taser or other firearm, except that
20    this subsection (a) (4) does not apply to or affect
21    transportation of weapons that meet one of the following
22    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

 

 

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

 

 

HB4376- 181 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 182 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 183 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 184 -LRB102 21797 RLC 30917 b

1    or other instrument of like character intended for use as
2    a weapon. For the purposes of this Section, "billy club"
3    means a short stick or club commonly carried by police
4    officers which is either telescopic or constructed of a
5    solid piece of wood or other man-made material.
6    (b) Sentence. A person convicted of a violation of
7subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9Class A misdemeanor. A person convicted of a violation of
10subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
11a person convicted of a violation of subsection 24-1(a)(6) or
1224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13convicted of a violation of subsection 24-1(a)(7)(i) commits a
14Class 2 felony and shall be sentenced to a term of imprisonment
15of not less than 3 years and not more than 7 years, unless the
16weapon is possessed in the passenger compartment of a motor
17vehicle as defined in Section 1-146 of the Illinois Vehicle
18Code, or on the person, while the weapon is loaded, in which
19case it shall be a Class X felony. A person convicted of a
20second or subsequent violation of subsection 24-1(a)(4),
2124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22felony. A person convicted of a violation of subsection
2324-1(a)(2.5) commits a Class 2 felony. The possession of each
24weapon in violation of this Section constitutes a single and
25separate violation.
26    (c) Violations in specific places.

 

 

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

 

 

HB4376- 186 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 187 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 188 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 189 -LRB102 21797 RLC 30917 b

1    (e) Exemptions.
2        (1) Crossbows, Common or Compound bows and Underwater
3    Spearguns are exempted from the definition of ballistic
4    knife as defined in paragraph (1) of subsection (a) of
5    this Section.
6        (2) The provision of paragraph (1) of subsection (a)
7    of this Section prohibiting the sale, manufacture,
8    purchase, possession, or carrying of any knife, commonly
9    referred to as a switchblade knife, which has a blade that
10    opens automatically by hand pressure applied to a button,
11    spring or other device in the handle of the knife, does not
12    apply to a person eligible under State and federal law to
13    possess a firearm who possesses a currently valid Firearm
14    Owner's Identification Card previously issued in his or
15    her name by the Illinois State Police or to a person or an
16    entity engaged in the business of selling or manufacturing
17    switchblade knives.
18(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
19    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
20    Sec. 24-1.1. Unlawful use or possession of weapons by
21felons or persons in the custody of the Department of
22Corrections facilities.
23    (a) It is unlawful for a person to knowingly possess on or
24about his person or on his land or in his own abode or fixed
25place of business any weapon prohibited under Section 24-1 of

 

 

HB4376- 190 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 191 -LRB102 21797 RLC 30917 b

1    opportunity to present evidence and object to the
2    petition;
3        (2) the petitioner has not been convicted of a
4    forcible felony under the laws of this State or any other
5    jurisdiction within 20 years of the filing of the
6    petition, or at least 20 years have passed since the end of
7    any period of imprisonment imposed in relation to that
8    conviction;
9        (3) the circumstances regarding a criminal conviction,
10    where applicable, the petitioner's criminal history and
11    his or her reputation are such that the petitioner will
12    not be likely to act in a manner dangerous to public
13    safety;
14        (4) granting relief would not be contrary to the
15    public interest; and
16        (5) granting relief would not be contrary to federal
17    law.
18    (b) It is unlawful for any person confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, to possess any weapon prohibited under Section
2124-1 of this Code or any firearm or firearm ammunition,
22regardless of the intent with which he possesses it.
23    (c) It shall be an affirmative defense to a violation of
24subsection (b), that such possession was specifically
25authorized by rule, regulation, or directive of the Illinois
26Department of Corrections or order issued pursuant thereto.

 

 

HB4376- 192 -LRB102 21797 RLC 30917 b

1    (d) The defense of necessity is not available to a person
2who is charged with a violation of subsection (b) of this
3Section.
4    (e) Sentence. Violation of this Section by a person not
5confined in a penal institution shall be a Class 3 felony for
6which the person shall be sentenced to no less than 2 years and
7no more than 10 years. A second or subsequent violation of this
8Section shall be a Class 2 felony for which the person shall be
9sentenced to a term of imprisonment of not less than 3 years
10and not more than 14 years, except as provided for in Section
115-4.5-110 of the Unified Code of Corrections. Violation of
12this Section by a person not confined in a penal institution
13who has been convicted of a forcible felony, a felony
14violation of Article 24 of this Code or of the Firearm Owners
15Identification Card Act, stalking or aggravated stalking, or a
16Class 2 or greater felony under the Illinois Controlled
17Substances Act, the Cannabis Control Act, or the
18Methamphetamine Control and Community Protection Act is a
19Class 2 felony for which the person shall be sentenced to not
20less than 3 years and not more than 14 years, except as
21provided for in Section 5-4.5-110 of the Unified Code of
22Corrections. Violation of this Section by a person who is on
23parole or mandatory supervised release is a Class 2 felony for
24which the person shall be sentenced to not less than 3 years
25and not more than 14 years, except as provided for in Section
265-4.5-110 of the Unified Code of Corrections. Violation of

 

 

HB4376- 193 -LRB102 21797 RLC 30917 b

1this Section by a person not confined in a penal institution is
2a Class X felony when the firearm possessed is a machine gun.
3Any person who violates this Section while confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, is guilty of a Class 1 felony, if he possesses any
6weapon prohibited under Section 24-1 of this Code regardless
7of the intent with which he possesses it, a Class X felony if
8he possesses any firearm, firearm ammunition or explosive, and
9a Class X felony for which the offender shall be sentenced to
10not less than 12 years and not more than 50 years when the
11firearm possessed is a machine gun. A violation of this
12Section while wearing or in possession of body armor as
13defined in Section 33F-1 is a Class X felony punishable by a
14term of imprisonment of not less than 10 years and not more
15than 40 years. The possession of each firearm or firearm
16ammunition in violation of this Section constitutes a single
17and separate violation.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (720 ILCS 5/24-1.6)
20    Sec. 24-1.6. Aggravated unlawful use of a weapon.
21    (a) A person commits the offense of aggravated unlawful
22use of a weapon when he or she knowingly:
23        (1) Carries on or about his or her person or in any
24    vehicle or concealed on or about his or her person except
25    when on his or her land or in his or her abode, legal

 

 

HB4376- 194 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 195 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 196 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 197 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 198 -LRB102 21797 RLC 30917 b

1    a Class X felony.
2    (e) The possession of each firearm in violation of this
3Section constitutes a single and separate violation.
4(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
5    (720 ILCS 5/24-1.8)
6    Sec. 24-1.8. Unlawful possession of a firearm by a street
7gang member.
8    (a) A person commits unlawful possession of a firearm by a
9street gang member when he or she knowingly:
10        (1) possesses, carries, or conceals on or about his or
11    her person a firearm and firearm ammunition while on any
12    street, road, alley, gangway, sidewalk, or any other
13    lands, except when inside his or her own abode or inside
14    his or her fixed place of business, and has not been issued
15    a currently valid Firearm Owner's Identification Card and
16    is a member of a street gang; or
17        (2) possesses or carries in any vehicle a firearm and
18    firearm ammunition which are both immediately accessible
19    at the time of the offense while on any street, road,
20    alley, or any other lands, except when inside his or her
21    own abode or garage, and has not been issued a currently
22    valid Firearm Owner's Identification Card and is a member
23    of a street gang.
24    (b) Unlawful possession of a firearm by a street gang
25member is a Class 2 felony for which the person, if sentenced

 

 

HB4376- 199 -LRB102 21797 RLC 30917 b

1to a term of imprisonment, shall be sentenced to no less than 3
2years and no more than 10 years. A period of probation, a term
3of periodic imprisonment or conditional discharge shall not be
4imposed for the offense of unlawful possession of a firearm by
5a street gang member when the firearm was loaded or contained
6firearm ammunition and the court shall sentence the offender
7to not less than the minimum term of imprisonment authorized
8for the Class 2 felony.
9    (c) For purposes of this Section:
10        "Street gang" or "gang" has the meaning ascribed to it
11    in Section 10 of the Illinois Streetgang Terrorism Omnibus
12    Prevention Act.
13        "Street gang member" or "gang member" has the meaning
14    ascribed to it in Section 10 of the Illinois Streetgang
15    Terrorism Omnibus Prevention Act.
16(Source: P.A. 96-829, eff. 12-3-09.)
 
17    (720 ILCS 5/24-2)
18    (Text of Section before amendment by P.A. 102-152)
19    Sec. 24-2. Exemptions.
20    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
22the following:
23        (1) Peace officers, and any person summoned by a peace
24    officer to assist in making arrests or preserving the
25    peace, while actually engaged in assisting such officer.

 

 

HB4376- 200 -LRB102 21797 RLC 30917 b

1        (2) Wardens, superintendents and keepers of prisons,
2    penitentiaries, jails and other institutions for the
3    detention of persons accused or convicted of an offense,
4    while in the performance of their official duty, or while
5    commuting between their homes and places of employment.
6        (3) Members of the Armed Services or Reserve Forces of
7    the United States or the Illinois National Guard or the
8    Reserve Officers Training Corps, while in the performance
9    of their official duty.
10        (4) Special agents employed by a railroad or a public
11    utility to perform police functions, and guards of armored
12    car companies, while actually engaged in the performance
13    of the duties of their employment or commuting between
14    their homes and places of employment; and watchmen while
15    actually engaged in the performance of the duties of their
16    employment.
17        (5) Persons licensed as private security contractors,
18    private detectives, or private alarm contractors, or
19    employed by a private security contractor, private
20    detective, or private alarm contractor agency licensed by
21    the Department of Financial and Professional Regulation,
22    if their duties include the carrying of a weapon under the
23    provisions of the Private Detective, Private Alarm,
24    Private Security, Fingerprint Vendor, and Locksmith Act of
25    2004, while actually engaged in the performance of the
26    duties of their employment or commuting between their

 

 

HB4376- 201 -LRB102 21797 RLC 30917 b

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

 

 

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

 

 

HB4376- 203 -LRB102 21797 RLC 30917 b

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

 

 

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1    when he or she is in possession of a concealable weapon
2    permitted by his or her firearm control card. For purposes
3    of this subsection, "financial institution" means a bank,
4    savings and loan association, credit union or company
5    providing armored car services.
6        (9) Any person employed by an armored car company to
7    drive an armored car, while actually engaged in the
8    performance of his duties.
9        (10) Persons who have been classified as peace
10    officers pursuant to the Peace Officer Fire Investigation
11    Act.
12        (11) Investigators of the Office of the State's
13    Attorneys Appellate Prosecutor authorized by the board of
14    governors of the Office of the State's Attorneys Appellate
15    Prosecutor to carry weapons pursuant to Section 7.06 of
16    the State's Attorneys Appellate Prosecutor's Act.
17        (12) Special investigators appointed by a State's
18    Attorney under Section 3-9005 of the Counties Code.
19        (12.5) Probation officers while in the performance of
20    their duties, or while commuting between their homes,
21    places of employment or specific locations that are part
22    of their assigned duties, with the consent of the chief
23    judge of the circuit for which they are employed, if they
24    have received weapons training according to requirements
25    of the Peace Officer and Probation Officer Firearm
26    Training Act.

 

 

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1        (13) Court Security Officers while in the performance
2    of their official duties, or while commuting between their
3    homes and places of employment, with the consent of the
4    Sheriff.
5        (13.5) A person employed as an armed security guard at
6    a nuclear energy, storage, weapons or development site or
7    facility regulated by the Nuclear Regulatory Commission
8    who has completed the background screening and training
9    mandated by the rules and regulations of the Nuclear
10    Regulatory Commission.
11        (14) Manufacture, transportation, or sale of weapons
12    to persons authorized under subdivisions (1) through
13    (13.5) of this subsection to possess those weapons.
14    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect any person carrying a concealed pistol, revolver,
16or handgun and the person has been issued a currently valid
17license under the Firearm Concealed Carry Act at the time of
18the commission of the offense.
19     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
20to or affect a qualified current or retired law enforcement
21officer qualified under the laws of this State or under the
22federal Law Enforcement Officers Safety Act.
23    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any of the following:
25        (1) Members of any club or organization organized for
26    the purpose of practicing shooting at targets upon

 

 

HB4376- 206 -LRB102 21797 RLC 30917 b

1    established target ranges, whether public or private, and
2    patrons of such ranges, while such members or patrons are
3    using their firearms on those target ranges.
4        (2) Duly authorized military or civil organizations
5    while parading, with the special permission of the
6    Governor.
7        (3) Hunters, trappers or fishermen with a license or
8    permit while engaged in hunting, trapping or fishing.
9        (4) Transportation of weapons that are broken down in
10    a non-functioning state or are not immediately accessible.
11        (5) Carrying or possessing any pistol, revolver, stun
12    gun or taser or other firearm on the land or in the legal
13    dwelling of another person as an invitee with that
14    person's permission.
15    (c) Subsection 24-1(a)(7) does not apply to or affect any
16of the following:
17        (1) Peace officers while in performance of their
18    official duties.
19        (2) Wardens, superintendents and keepers of prisons,
20    penitentiaries, jails and other institutions for the
21    detention of persons accused or convicted of an offense.
22        (3) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard, while in
24    the performance of their official duty.
25        (4) Manufacture, transportation, or sale of machine
26    guns to persons authorized under subdivisions (1) through

 

 

HB4376- 207 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 208 -LRB102 21797 RLC 30917 b

1    subcontractor pursuant to a contract or subcontract for
2    the development and supply of such rifles, shotguns,
3    weapons or ammunition to the United States government or
4    any branch of the Armed Forces of the United States, when
5    such activities are necessary and incident to fulfilling
6    the terms of such contract.
7        The exemption granted under this subdivision (c)(6)
8    shall also apply to any authorized agent of any such
9    contractor or subcontractor who is operating within the
10    scope of his employment, where such activities involving
11    such weapon, weapons or ammunition are necessary and
12    incident to fulfilling the terms of such contract.
13        (7) A person possessing a rifle with a barrel or
14    barrels less than 16 inches in length if: (A) the person
15    has been issued a Curios and Relics license from the U.S.
16    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
17    (B) the person is an active member of a bona fide,
18    nationally recognized military re-enacting group and the
19    modification is required and necessary to accurately
20    portray the weapon for historical re-enactment purposes;
21    the re-enactor is in possession of a valid and current
22    re-enacting group membership credential; and the overall
23    length of the weapon as modified is not less than 26
24    inches.
25    (d) Subsection 24-1(a)(1) does not apply to the purchase,
26possession or carrying of a black-jack or slung-shot by a

 

 

HB4376- 209 -LRB102 21797 RLC 30917 b

1peace officer.
2    (e) Subsection 24-1(a)(8) does not apply to any owner,
3manager or authorized employee of any place specified in that
4subsection nor to any law enforcement officer.
5    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
6Section 24-1.6 do not apply to members of any club or
7organization organized for the purpose of practicing shooting
8at targets upon established target ranges, whether public or
9private, while using their firearms on those target ranges.
10    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
11to:
12        (1) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while in
14    the performance of their official duty.
15        (2) Bonafide collectors of antique or surplus military
16    ordnance.
17        (3) Laboratories having a department of forensic
18    ballistics, or specializing in the development of
19    ammunition or explosive ordnance.
20        (4) Commerce, preparation, assembly or possession of
21    explosive bullets by manufacturers of ammunition licensed
22    by the federal government, in connection with the supply
23    of those organizations and persons exempted by subdivision
24    (g)(1) of this Section, or like organizations and persons
25    outside this State, or the transportation of explosive
26    bullets to any organization or person exempted in this

 

 

HB4376- 210 -LRB102 21797 RLC 30917 b

1    Section by a common carrier or by a vehicle owned or leased
2    by an exempted manufacturer.
3    (g-5) Subsection 24-1(a)(6) does not apply to or affect
4persons licensed under federal law to manufacture any device
5or attachment of any kind designed, used, or intended for use
6in silencing the report of any firearm, firearms, or
7ammunition for those firearms equipped with those devices, and
8actually engaged in the business of manufacturing those
9devices, firearms, or ammunition, but only with respect to
10activities that are within the lawful scope of that business,
11such as the manufacture, transportation, or testing of those
12devices, firearms, or ammunition. This exemption does not
13authorize the general private possession of any device or
14attachment of any kind designed, used, or intended for use in
15silencing the report of any firearm, but only such possession
16and activities as are within the lawful scope of a licensed
17manufacturing business described in this subsection (g-5).
18During transportation, these devices shall be detached from
19any weapon or not immediately accessible.
20    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any parole agent or parole
22supervisor who meets the qualifications and conditions
23prescribed in Section 3-14-1.5 of the Unified Code of
24Corrections.
25    (g-7) Subsection 24-1(a)(6) does not apply to a peace
26officer while serving as a member of a tactical response team

 

 

HB4376- 211 -LRB102 21797 RLC 30917 b

1or special operations team. A peace officer may not personally
2own or apply for ownership of a device or attachment of any
3kind designed, used, or intended for use in silencing the
4report of any firearm. These devices shall be owned and
5maintained by lawfully recognized units of government whose
6duties include the investigation of criminal acts.
7    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
9athlete's possession, transport on official Olympic and
10Paralympic transit systems established for athletes, or use of
11competition firearms sanctioned by the International Olympic
12Committee, the International Paralympic Committee, the
13International Shooting Sport Federation, or USA Shooting in
14connection with such athlete's training for and participation
15in shooting competitions at the 2016 Olympic and Paralympic
16Games and sanctioned test events leading up to the 2016
17Olympic and Paralympic Games.
18    (h) An information or indictment based upon a violation of
19any subsection of this Article need not negative any
20exemptions contained in this Article. The defendant shall have
21the burden of proving such an exemption.
22    (i) Nothing in this Article shall prohibit, apply to, or
23affect the transportation, carrying, or possession, of any
24pistol or revolver, stun gun, taser, or other firearm
25consigned to a common carrier operating under license of the
26State of Illinois or the federal government, where such

 

 

HB4376- 212 -LRB102 21797 RLC 30917 b

1transportation, carrying, or possession is incident to the
2lawful transportation in which such common carrier is engaged;
3and nothing in this Article shall prohibit, apply to, or
4affect the transportation, carrying, or possession of any
5pistol, revolver, stun gun, taser, or other firearm, not the
6subject of and regulated by subsection 24-1(a)(7) or
7subsection 24-2(c) of this Article, which is unloaded and
8enclosed in a case, firearm carrying box, shipping box, or
9other container, by the possessor of a valid Firearm Owners
10Identification Card.
11(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
12    (Text of Section after amendment by P.A. 102-152)
13    Sec. 24-2. Exemptions.
14    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
16the following:
17        (1) Peace officers, and any person summoned by a peace
18    officer to assist in making arrests or preserving the
19    peace, while actually engaged in assisting such officer.
20        (2) Wardens, superintendents and keepers of prisons,
21    penitentiaries, jails and other institutions for the
22    detention of persons accused or convicted of an offense,
23    while in the performance of their official duty, or while
24    commuting between their homes and places of employment.
25        (3) Members of the Armed Services or Reserve Forces of

 

 

HB4376- 213 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 214 -LRB102 21797 RLC 30917 b

1    agency and 28 hours of required firearm training, and has
2    been issued a firearm control card by the Department of
3    Financial and Professional Regulation. Conditions for the
4    renewal of firearm control cards issued under the
5    provisions of this Section shall be the same as for those
6    cards issued under the provisions of the Private
7    Detective, Private Alarm, Private Security, Fingerprint
8    Vendor, and Locksmith Act of 2004. The firearm control
9    card shall be carried by the private security contractor,
10    private detective, or private alarm contractor, or
11    employee of the licensed private security contractor,
12    private detective, or private alarm contractor agency at
13    all times when he or she is in possession of a concealable
14    weapon permitted by his or her firearm control card.
15        (6) Any person regularly employed in a commercial or
16    industrial operation as a security guard for the
17    protection of persons employed and private property
18    related to such commercial or industrial operation, while
19    actually engaged in the performance of his or her duty or
20    traveling between sites or properties belonging to the
21    employer, and who, as a security guard, is a member of a
22    security force registered with the Department of Financial
23    and Professional Regulation; provided that such security
24    guard has successfully completed a course of study,
25    approved by and supervised by the Department of Financial
26    and Professional Regulation, consisting of not less than

 

 

HB4376- 215 -LRB102 21797 RLC 30917 b

1    48 hours of training that includes the theory of law
2    enforcement, liability for acts, and the handling of
3    weapons. A person shall be considered eligible for this
4    exemption if he or she has completed the required 20 hours
5    of training for a security officer and 28 hours of
6    required firearm training, and has been issued a firearm
7    control card by the Department of Financial and
8    Professional Regulation. Conditions for the renewal of
9    firearm control cards issued under the provisions of this
10    Section shall be the same as for those cards issued under
11    the provisions of the Private Detective, Private Alarm,
12    Private Security, Fingerprint Vendor, and Locksmith Act of
13    2004. The firearm control card shall be carried by the
14    security guard at all times when he or she is in possession
15    of a concealable weapon permitted by his or her firearm
16    control card.
17        (7) Agents and investigators of the Illinois
18    Legislative Investigating Commission authorized by the
19    Commission to carry the weapons specified in subsections
20    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21    any investigation for the Commission.
22        (8) Persons employed by a financial institution as a
23    security guard for the protection of other employees and
24    property related to such financial institution, while
25    actually engaged in the performance of their duties,
26    commuting between their homes and places of employment, or

 

 

HB4376- 216 -LRB102 21797 RLC 30917 b

1    traveling between sites or properties owned or operated by
2    such financial institution, and who, as a security guard,
3    is a member of a security force registered with the
4    Department; provided that any person so employed has
5    successfully completed a course of study, approved by and
6    supervised by the Department of Financial and Professional
7    Regulation, consisting of not less than 48 hours of
8    training which includes theory of law enforcement,
9    liability for acts, and the handling of weapons. A person
10    shall be considered to be eligible for this exemption if
11    he or she has completed the required 20 hours of training
12    for a security officer and 28 hours of required firearm
13    training, and has been issued a firearm control card by
14    the Department of Financial and Professional Regulation.
15    Conditions for renewal of firearm control cards issued
16    under the provisions of this Section shall be the same as
17    for those issued under the provisions of the Private
18    Detective, Private Alarm, Private Security, Fingerprint
19    Vendor, and Locksmith Act of 2004. The firearm control
20    card shall be carried by the security guard at all times
21    when he or she is in possession of a concealable weapon
22    permitted by his or her firearm control card. For purposes
23    of this subsection, "financial institution" means a bank,
24    savings and loan association, credit union or company
25    providing armored car services.
26        (9) Any person employed by an armored car company to

 

 

HB4376- 217 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 218 -LRB102 21797 RLC 30917 b

1    facility regulated by the Nuclear Regulatory Commission
2    who has completed the background screening and training
3    mandated by the rules and regulations of the Nuclear
4    Regulatory Commission.
5        (14) Manufacture, transportation, or sale of weapons
6    to persons authorized under subdivisions (1) through
7    (13.5) of this subsection to possess those weapons.
8    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
9to or affect any person carrying a concealed pistol, revolver,
10or handgun and the person has been issued a currently valid
11license under the Firearm Concealed Carry Act at the time of
12the commission of the offense.
13     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to or affect a qualified current or retired law enforcement
15officer qualified under the laws of this State or under the
16federal Law Enforcement Officers Safety Act.
17    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any of the following:
19        (1) Members of any club or organization organized for
20    the purpose of practicing shooting at targets upon
21    established target ranges, whether public or private, and
22    patrons of such ranges, while such members or patrons are
23    using their firearms on those target ranges.
24        (2) Duly authorized military or civil organizations
25    while parading, with the special permission of the
26    Governor.

 

 

HB4376- 219 -LRB102 21797 RLC 30917 b

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

 

 

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

 

 

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1        The exemption granted under this subdivision (c)(6)
2    shall also apply to any authorized agent of any such
3    contractor or subcontractor who is operating within the
4    scope of his employment, where such activities involving
5    such weapon, weapons or ammunition are necessary and
6    incident to fulfilling the terms of such contract.
7        (7) A person possessing a rifle with a barrel or
8    barrels less than 16 inches in length if: (A) the person
9    has been issued a Curios and Relics license from the U.S.
10    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
11    (B) the person is an active member of a bona fide,
12    nationally recognized military re-enacting group and the
13    modification is required and necessary to accurately
14    portray the weapon for historical re-enactment purposes;
15    the re-enactor is in possession of a valid and current
16    re-enacting group membership credential; and the overall
17    length of the weapon as modified is not less than 26
18    inches.
19    (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a
21peace officer.
22    (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

 

 

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

 

 

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1ammunition for those firearms equipped with those devices, and
2actually engaged in the business of manufacturing those
3devices, firearms, or ammunition, but only with respect to
4activities that are within the lawful scope of that business,
5such as the manufacture, transportation, or testing of those
6devices, firearms, or ammunition. This exemption does not
7authorize the general private possession of any device or
8attachment of any kind designed, used, or intended for use in
9silencing the report of any firearm, but only such possession
10and activities as are within the lawful scope of a licensed
11manufacturing business described in this subsection (g-5).
12During transportation, these devices shall be detached from
13any weapon or not immediately accessible.
14    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19    (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

 

 

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1    (g-10) (Blank).
2    (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any
4exemptions contained in this Article. The defendant shall have
5the burden of proving such an exemption.
6    (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm
9consigned to a common carrier operating under license of the
10State of Illinois or the federal government, where such
11transportation, carrying, or possession is incident to the
12lawful transportation in which such common carrier is engaged;
13and nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession of any
15pistol, revolver, stun gun, taser, or other firearm, not the
16subject of and regulated by subsection 24-1(a)(7) or
17subsection 24-2(c) of this Article, which is unloaded and
18enclosed in a case, firearm carrying box, shipping box, or
19other container, by a person eligible under State and federal
20law to possess a firearm the possessor of a valid Firearm
21Owners Identification Card.
22(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
23    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
24    Sec. 24-3. Unlawful sale or delivery of firearms.
25    (A) A person commits the offense of unlawful sale or

 

 

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1delivery of firearms when he or she knowingly does any of the
2following:
3        (a) Sells or gives any firearm of a size which may be
4    concealed upon the person to any person under 18 years of
5    age.
6        (b) Sells or gives any firearm to a person under 21
7    years of age who has been convicted of a misdemeanor other
8    than a traffic offense or adjudged delinquent.
9        (c) Sells or gives any firearm to any narcotic addict.
10        (d) Sells or gives any firearm to any person who has
11    been convicted of a felony under the laws of this or any
12    other jurisdiction.
13        (e) Sells or gives any firearm to any person who has
14    been a patient in a mental institution within the past 5
15    years. In this subsection (e):
16            "Mental institution" means any hospital,
17        institution, clinic, evaluation facility, mental
18        health center, or part thereof, which is used
19        primarily for the care or treatment of persons with
20        mental illness.
21            "Patient in a mental institution" means the person
22        was admitted, either voluntarily or involuntarily, to
23        a mental institution for mental health treatment,
24        unless the treatment was voluntary and solely for an
25        alcohol abuse disorder and no other secondary
26        substance abuse disorder or mental illness.

 

 

HB4376- 226 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 227 -LRB102 21797 RLC 30917 b

1    as a federal firearms dealer under Section 923 of the
2    federal Gun Control Act of 1968 at competitive shooting
3    events held at the World Shooting Complex sanctioned by a
4    national governing body. For purposes of transfers or
5    sales under subparagraph (5) of this paragraph (g), the
6    Department of Natural Resources shall give notice to the
7    Illinois State Police at least 30 calendar days prior to
8    any competitive shooting events at the World Shooting
9    Complex sanctioned by a national governing body. The
10    notification shall be made on a form prescribed by the
11    Illinois State Police. The sanctioning body shall provide
12    a list of all registered competitors and attendees at
13    least 24 hours before the events to the Illinois State
14    Police. Any changes to the list of registered competitors
15    and attendees shall be forwarded to the Illinois State
16    Police as soon as practicable. The Illinois State Police
17    must destroy the list of registered competitors and
18    attendees no later than 30 days after the date of the
19    event. Nothing in this paragraph (g) relieves a federally
20    licensed firearm dealer from the requirements of
21    conducting a NICS background check through the Illinois
22    Point of Contact under 18 U.S.C. 922(t). For purposes of
23    this paragraph (g), "application" means when the buyer and
24    seller reach an agreement to purchase a firearm. For
25    purposes of this paragraph (g), "national governing body"
26    means a group of persons who adopt rules and formulate

 

 

HB4376- 228 -LRB102 21797 RLC 30917 b

1    policy on behalf of a national firearm sporting
2    organization.
3        (h) While holding any license as a dealer, importer,
4    manufacturer or pawnbroker under the federal Gun Control
5    Act of 1968, manufactures, sells or delivers to any
6    unlicensed person a handgun having a barrel, slide, frame
7    or receiver which is a die casting of zinc alloy or any
8    other nonhomogeneous metal which will melt or deform at a
9    temperature of less than 800 degrees Fahrenheit. For
10    purposes of this paragraph, (1) "firearm" has the meaning
11    provided in Section 2-7.5 of the Criminal Code of 2012 is
12    defined as in the Firearm Owners Identification Card Act;
13    and (2) "handgun" is defined as a firearm designed to be
14    held and fired by the use of a single hand, and includes a
15    combination of parts from which such a firearm can be
16    assembled.
17        (i) Sells or gives a firearm of any size to any person
18    under 18 years of age who is not eligible under State or
19    federal law to possess a firearm does not possess a valid
20    Firearm Owner's Identification Card.
21        (j) Sells or gives a firearm while engaged in the
22    business of selling firearms at wholesale or retail
23    without being licensed as a federal firearms dealer under
24    Section 923 of the federal Gun Control Act of 1968 (18
25    U.S.C. 923). In this paragraph (j):
26        A person "engaged in the business" means a person who

 

 

HB4376- 229 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 230 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 231 -LRB102 21797 RLC 30917 b

1    a firearm with knowledge that its serial number has been
2    removed or altered has knowledge that the firearm is
3    stolen or converted.
4    (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment
9of Public Act 78-355 subject to confiscation or seizure under
10the provisions of that Public Act. Nothing in Public Act
1178-355 shall be construed to prohibit the gift or trade of any
12firearm if that firearm was legally held or acquired within 6
13months after the enactment of that Public Act.
14    (C) Sentence.
15        (1) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (c), (e), (f), (g),
17    or (h) of subsection (A) commits a Class 4 felony.
18        (2) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (b) or (i) of
20    subsection (A) commits a Class 3 felony.
21        (3) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a) of subsection
23    (A) commits a Class 2 felony.
24        (4) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (a), (b), or (i) of
26    subsection (A) in any school, on the real property

 

 

HB4376- 232 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 233 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 234 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 235 -LRB102 21797 RLC 30917 b

1    years and not more than 40 years if the delivery is of not
2    less than 11 and not more than 20 firearms at the same time
3    or within a 3-year 3 year period. Any person convicted of
4    unlawful sale or delivery of firearms in violation of
5    paragraph (l) of subsection (A) commits a Class X felony
6    for which he or she shall be sentenced to a term of
7    imprisonment of not less than 6 years and not more than 50
8    years if the delivery is of not less than 21 and not more
9    than 30 firearms at the same time or within a 4-year 4 year
10    period. Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (l) of subsection
12    (A) commits a Class X felony for which he or she shall be
13    sentenced to a term of imprisonment of not less than 6
14    years and not more than 60 years if the delivery is of 31
15    or more firearms at the same time or within a 5-year 5 year
16    period.
17    (D) For purposes of this Section:
18    "School" means a public or private elementary or secondary
19school, community college, college, or university.
20    "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or
23in part by a school or school district.
24    (E) (Blank). A prosecution for a violation of paragraph
25(k) of subsection (A) of this Section may be commenced within 6
26years after the commission of the offense. A prosecution for a

 

 

HB4376- 236 -LRB102 21797 RLC 30917 b

1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6revised 10-12-21.)
 
7    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
8    Sec. 24-3.1. Unlawful possession of firearms and firearm
9ammunition.
10    (a) A person commits the offense of unlawful possession of
11firearms or firearm ammunition when:
12        (1) He is under 18 years of age and has in his
13    possession any firearm of a size which may be concealed
14    upon the person; or
15        (2) He is under 21 years of age, has been convicted of
16    a misdemeanor other than a traffic offense or adjudged
17    delinquent and has any firearms or firearm ammunition in
18    his possession; or
19        (3) He is a narcotic addict and has any firearms or
20    firearm ammunition in his possession; or
21        (4) He has been a patient in a mental institution
22    within the past 5 years and has any firearms or firearm
23    ammunition in his possession. For purposes of this
24    paragraph (4):
25            "Mental institution" means any hospital,

 

 

HB4376- 237 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 238 -LRB102 21797 RLC 30917 b

1aggravated stalking, domestic battery, any violation of the
2Illinois Controlled Substances Act, the Methamphetamine
3Control and Community Protection Act, or the Cannabis Control
4Act that is classified as a Class 2 or greater felony, any
5felony violation of Article 24 of the Criminal Code of 1961 or
6the Criminal Code of 2012, or any adjudication as a delinquent
7minor for the commission of an offense that if committed by an
8adult would be a felony, in which case the person may petition
9the circuit court in writing in the county of his or her
10residence for a hearing and relief from the prohibition. The
11Director or court may grant the relief if it is established by
12the petitioner to the court's or Director's satisfaction that:
13        (1) when in the circuit court, the State's Attorney
14    has been served with a written copy of the petition at
15    least 30 days before any hearing in the circuit court and
16    at the hearing the State's Attorney was afforded an
17    opportunity to present evidence and object to the
18    petition;
19        (2) the petitioner has not been convicted of a
20    forcible felony under the laws of this State or any other
21    jurisdiction within 20 years of the filing of the
22    petition, or at least 20 years have passed since the end of
23    any period of imprisonment imposed in relation to that
24    conviction;
25        (3) the circumstances regarding a criminal conviction,
26    where applicable, the petitioner's criminal history and

 

 

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

 

 

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1bolo shell, or flechette shell in violation of this Section.
2    For purposes of this Section:
3    "Armor piercing bullet" means any handgun bullet or
4handgun ammunition with projectiles or projectile cores
5constructed entirely (excluding the presence of traces of
6other substances) from tungsten alloys, steel, iron, brass,
7bronze, beryllium copper or depleted uranium, or fully
8jacketed bullets larger than 22 caliber whose jacket has a
9weight of more than 25% of the total weight of the projectile,
10and excluding those handgun projectiles whose cores are
11composed of soft materials such as lead or lead alloys, zinc or
12zinc alloys, frangible projectiles designed primarily for
13sporting purposes, and any other projectiles or projectile
14cores that the U. S. Secretary of the Treasury finds to be
15primarily intended to be used for sporting purposes or
16industrial purposes or that otherwise does not constitute
17"armor piercing ammunition" as that term is defined by federal
18law.
19    "Dragon's breath shotgun shell" means any shotgun shell
20that contains exothermic pyrophoric mesh metal as the
21projectile and is designed for the purpose of throwing or
22spewing a flame or fireball to simulate a flame-thrower.
23    "Bolo shell" means any shell that can be fired in a firearm
24and expels as projectiles 2 or more metal balls connected by
25solid metal wire.
26    "Flechette shell" means any shell that can be fired in a

 

 

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1firearm and expels 2 or more pieces of fin-stabilized solid
2metal wire or 2 or more solid dart-type projectiles.
3    (b) A person commits a Class X felony when he or she,
4knowing that a firearm, as defined in Section 1.1 of the
5Firearm Owners Identification Card Act, is loaded with an
6armor piercing bullet, dragon's breath shotgun shell, bolo
7shell, or flechette shell, intentionally or recklessly
8discharges such firearm and such bullet or shell strikes any
9other person.
10    (c) Any person who possesses, concealed on or about his or
11her person, an armor piercing bullet, dragon's breath shotgun
12shell, bolo shell, or flechette shell and a firearm suitable
13for the discharge thereof is guilty of a Class 2 felony.
14    (d) This Section does not apply to or affect any of the
15following:
16        (1) Peace officers;
17        (2) Wardens, superintendents and keepers of prisons,
18    penitentiaries, jails and other institutions for the
19    detention of persons accused or convicted of an offense;
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard while in
22    the performance of their official duties;
23        (4) Federal officials required to carry firearms,
24    while engaged in the performance of their official duties;
25        (5) United States Marshals, while engaged in the
26    performance of their official duties.

 

 

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1(Source: P.A. 92-423, eff. 1-1-02.)
 
2    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
3    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
4    (a) It shall be unlawful for any person who holds a license
5to sell at retail any alcoholic liquor issued by the Illinois
6Liquor Control Commission or local liquor control commissioner
7under the Liquor Control Act of 1934 or an agent or employee of
8the licensee to sell or deliver to any other person a firearm
9in or on the real property of the establishment where the
10licensee is licensed to sell alcoholic liquors unless the sale
11or delivery of the firearm is otherwise lawful under this
12Article and under the Firearm Owners Identification Card Act.
13    (b) Sentence. A violation of subsection (a) of this
14Section is a Class 4 felony.
15(Source: P.A. 87-591.)
 
16    (720 ILCS 5/24-3.5)
17    Sec. 24-3.5. Unlawful purchase of a firearm.
18    (a) For purposes of this Section, "firearms transaction
19record form" means a form:
20        (1) executed by a transferee of a firearm stating: (i)
21    the transferee's name and address (including county or
22    similar political subdivision); (ii) whether the
23    transferee is a citizen of the United States; (iii) the
24    transferee's State of residence; and (iv) the date and

 

 

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1    place of birth, height, weight, and race of the
2    transferee; and
3        (2) on which the transferee certifies that he or she
4    is not prohibited by federal law from transporting or
5    shipping a firearm in interstate or foreign commerce or
6    receiving a firearm that has been shipped or transported
7    in interstate or foreign commerce or possessing a firearm
8    in or affecting commerce.
9    (b) A person commits the offense of unlawful purchase of a
10firearm who knowingly purchases or attempts to purchase a
11firearm with the intent to deliver that firearm to another
12person who is prohibited by federal or State law from
13possessing a firearm.
14    (c) A person commits the offense of unlawful purchase of a
15firearm when he or she, in purchasing or attempting to
16purchase a firearm, intentionally provides false or misleading
17information on a United States Department of the Treasury,
18Bureau of Alcohol, Tobacco and Firearms firearms transaction
19record form.
20    (d) Exemption. It is not a violation of subsection (b) of
21this Section for a person to make a gift or loan of a firearm
22to a person who is not prohibited by federal or State law from
23possessing a firearm if the transfer of the firearm is made in
24accordance with Section 3 of the Firearm Owners Identification
25Card Act.
26    (e) Sentence.

 

 

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1        (1) A person who commits the offense of unlawful
2    purchase of a firearm:
3            (A) is guilty of a Class 2 felony for purchasing or
4        attempting to purchase one firearm;
5            (B) is guilty of a Class 1 felony for purchasing or
6        attempting to purchase not less than 2 firearms and
7        not more than 5 firearms at the same time or within a
8        one year period;
9            (C) is guilty of a Class X felony for which the
10        offender shall be sentenced to a term of imprisonment
11        of not less than 9 years and not more than 40 years for
12        purchasing or attempting to purchase not less than 6
13        firearms at the same time or within a 2 year period.
14        (2) In addition to any other penalty that may be
15    imposed for a violation of this Section, the court may
16    sentence a person convicted of a violation of subsection
17    (c) of this Section to a fine not to exceed $250,000 for
18    each violation.
19    (f) A prosecution for unlawful purchase of a firearm may
20be commenced within 6 years after the commission of the
21offense.
22(Source: P.A. 95-882, eff. 1-1-09.)
 
23    (720 ILCS 5/24-3B)
24    Sec. 24-3B. Firearms trafficking.
25    (a) A person commits firearms trafficking when he or she

 

 

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1is prohibited under federal or State law from possessing a
2firearm has not been issued a currently valid Firearm Owner's
3Identification Card and knowingly:
4        (1) brings, or causes to be brought, into this State,
5    a firearm or firearm ammunition for the purpose of sale,
6    delivery, or transfer to any other person or with the
7    intent to sell, deliver, or transfer the firearm or
8    firearm ammunition to any other person; or
9        (2) brings, or causes to be brought, into this State,
10    a firearm and firearm ammunition for the purpose of sale,
11    delivery, or transfer to any other person or with the
12    intent to sell, deliver, or transfer the firearm and
13    firearm ammunition to any other person.
14    (a-5) (Blank). This Section does not apply to:
15        (1) a person exempt under Section 2 of the Firearm
16    Owners Identification Card Act from the requirement of
17    having possession of a Firearm Owner's Identification Card
18    previously issued in his or her name by the Illinois State
19    Police in order to acquire or possess a firearm or firearm
20    ammunition;
21        (2) a common carrier under subsection (i) of Section
22    24-2 of this Code; or
23        (3) a non-resident who may lawfully possess a firearm
24    in his or her resident state.
25    (b) Sentence.
26        (1) Firearms trafficking is a Class 1 felony for which

 

 

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1    the person, if sentenced to a term of imprisonment, shall
2    be sentenced to not less than 4 years and not more than 20
3    years.
4        (2) Firearms trafficking by a person who has been
5    previously convicted of firearms trafficking, gunrunning,
6    or a felony offense for the unlawful sale, delivery, or
7    transfer of a firearm or firearm ammunition in this State
8    or another jurisdiction is a Class X felony.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (720 ILCS 5/24-4.1)
11    Sec. 24-4.1. Report of lost or stolen firearms.
12    (a) If a person who possesses a valid Firearm Owner's
13Identification Card and who possesses or acquires a firearm
14thereafter loses the firearm, or if the firearm is stolen from
15the person, the person must report the loss or theft to the
16local law enforcement agency within 72 hours after obtaining
17knowledge of the loss or theft.
18    (b) A law enforcement agency having jurisdiction shall
19take a written report and shall, as soon as practical, enter
20the firearm's serial number as stolen into the Law Enforcement
21Agencies Data System (LEADS).
22    (c) A person shall not be in violation of this Section if:
23        (1) the failure to report is due to an act of God, act
24    of war, or inability of a law enforcement agency to
25    receive the report;

 

 

HB4376- 247 -LRB102 21797 RLC 30917 b

1        (2) the person is hospitalized, in a coma, or is
2    otherwise seriously physically or mentally impaired as to
3    prevent the person from reporting; or
4        (3) the person's designee makes a report if the person
5    is unable to make the report.
6    (d) Sentence. A person who violates this Section is guilty
7of a petty offense for a first violation. A second or
8subsequent violation of this Section is a Class A misdemeanor.
9(Source: P.A. 98-508, eff. 8-19-13.)
 
10    (720 ILCS 5/24-4.5 new)
11    Sec. 24-4.5. Dial up system.
12    (a) The Illinois State Police shall provide a dial up
13telephone system or utilize other existing technology which
14shall be used by any federally licensed firearm dealer, gun
15show promoter, or gun show vendor who is to transfer a firearm,
16stun gun, or taser under the provisions of this Code. The
17Illinois State Police may utilize existing technology which
18allows the caller to be charged a fee not to exceed $2. Fees
19collected by the Illinois State Police shall be deposited in
20the State Police Services Fund and used to provide the
21service.
22    (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the
24Illinois State Police shall immediately approve, or within the
25time period established by Section 24-3 of this Code regarding

 

 

HB4376- 248 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 249 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 250 -LRB102 21797 RLC 30917 b

1    inoperable; or
2        (2) placed in a securely locked box or container; or
3        (3) placed in some other location that a reasonable
4    person would believe to be secure from a minor under the
5    age of 14 years.
6    (b) Sentence. A person who violates this Section is guilty
7of a Class C misdemeanor and shall be fined not less than
8$1,000. A second or subsequent violation of this Section is a
9Class A misdemeanor.
10    (c) Subsection (a) does not apply:
11        (1) if the minor under 14 years of age gains access to
12    a firearm and uses it in a lawful act of self-defense or
13    defense of another; or
14        (2) to any firearm obtained by a minor under the age of
15    14 because of an unlawful entry of the premises by the
16    minor or another person.
17    (d) (Blank). For the purposes of this Section, "firearm"
18has the meaning ascribed to it in Section 1.1 of the Firearm
19Owners Identification Card Act.
20(Source: P.A. 91-18, eff. 1-1-00.)
 
21    Section 80. The Methamphetamine Control and Community
22Protection Act is amended by changing Section 10 as follows:
 
23    (720 ILCS 646/10)
24    Sec. 10. Definitions. As used in this Act:

 

 

HB4376- 251 -LRB102 21797 RLC 30917 b

1    "Anhydrous ammonia" has the meaning provided in subsection
2(d) of Section 3 of the Illinois Fertilizer Act of 1961.
3    "Anhydrous ammonia equipment" means all items used to
4store, hold, contain, handle, transfer, transport, or apply
5anhydrous ammonia for lawful purposes.
6    "Booby trap" means any device designed to cause physical
7injury when triggered by an act of a person approaching,
8entering, or moving through a structure, a vehicle, or any
9location where methamphetamine has been manufactured, is being
10manufactured, or is intended to be manufactured.
11    "Deliver" or "delivery" has the meaning provided in
12subsection (h) of Section 102 of the Illinois Controlled
13Substances Act.
14    "Director" means the Director of the Illinois State Police
15or the Director's designated agents.
16    "Dispose" or "disposal" means to abandon, discharge,
17release, deposit, inject, dump, spill, leak, or place
18methamphetamine waste onto or into any land, water, or well of
19any type so that the waste has the potential to enter the
20environment, be emitted into the air, or be discharged into
21the soil or any waters, including groundwater.
22    "Emergency response" means the act of collecting evidence
23from or securing a methamphetamine laboratory site,
24methamphetamine waste site or other methamphetamine-related
25site and cleaning up the site, whether these actions are
26performed by public entities or private contractors paid by

 

 

HB4376- 252 -LRB102 21797 RLC 30917 b

1public entities.
2    "Emergency service provider" means a local, State, or
3federal peace officer, firefighter, emergency medical
4technician-ambulance, emergency medical
5technician-intermediate, emergency medical
6technician-paramedic, ambulance driver, or other medical or
7first aid personnel rendering aid, or any agent or designee of
8the foregoing.
9    "Finished methamphetamine" means methamphetamine in a form
10commonly used for personal consumption.
11    "Firearm" has the meaning provided in Section 2-7.5 of the
12Criminal Code of 2012 1.1 of the Firearm Owners Identification
13Card Act.
14    "Manufacture" means to produce, prepare, compound,
15convert, process, synthesize, concentrate, purify, separate,
16extract, or package any methamphetamine, methamphetamine
17precursor, methamphetamine manufacturing catalyst,
18methamphetamine manufacturing reagent, methamphetamine
19manufacturing solvent, or any substance containing any of the
20foregoing.
21    "Methamphetamine" means the chemical methamphetamine (a
22Schedule II controlled substance under the Illinois Controlled
23Substances Act) or any salt, optical isomer, salt of optical
24isomer, or analog thereof, with the exception of
253,4-Methylenedioxymethamphetamine (MDMA) or any other
26scheduled substance with a separate listing under the Illinois

 

 

HB4376- 253 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 254 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 255 -LRB102 21797 RLC 30917 b

1purpose of retail sale.
2    "Participate" or "participation" in the manufacture of
3methamphetamine means to produce, prepare, compound, convert,
4process, synthesize, concentrate, purify, separate, extract,
5or package any methamphetamine, methamphetamine precursor,
6methamphetamine manufacturing catalyst, methamphetamine
7manufacturing reagent, methamphetamine manufacturing solvent,
8or any substance containing any of the foregoing, or to assist
9in any of these actions, or to attempt to take any of these
10actions, regardless of whether this action or these actions
11result in the production of finished methamphetamine.
12    "Person with a disability" means a person who suffers from
13a permanent physical or mental impairment resulting from
14disease, injury, functional disorder, or congenital condition
15which renders the person incapable of adequately providing for
16his or her own health and personal care.
17    "Procure" means to purchase, steal, gather, or otherwise
18obtain, by legal or illegal means, or to cause another to take
19such action.
20    "Second or subsequent offense" means an offense under this
21Act committed by an offender who previously committed an
22offense under this Act, the Illinois Controlled Substances
23Act, the Cannabis Control Act, or another Act of this State,
24another state, or the United States relating to
25methamphetamine, cannabis, or any other controlled substance.
26    "Standard dosage form", as used in relation to any

 

 

HB4376- 256 -LRB102 21797 RLC 30917 b

1methamphetamine precursor, means that the methamphetamine
2precursor is contained in a pill, tablet, capsule, caplet, gel
3cap, or liquid cap that has been manufactured by a lawful
4entity and contains a standard quantity of methamphetamine
5precursor.
6    "Unauthorized container", as used in relation to anhydrous
7ammonia, means any container that is not designed for the
8specific and sole purpose of holding, storing, transporting,
9or applying anhydrous ammonia. "Unauthorized container"
10includes, but is not limited to, any propane tank, fire
11extinguisher, oxygen cylinder, gasoline can, food or beverage
12cooler, or compressed gas cylinder used in dispensing fountain
13drinks. "Unauthorized container" does not encompass anhydrous
14ammonia manufacturing plants, refrigeration systems where
15anhydrous ammonia is used solely as a refrigerant, anhydrous
16ammonia transportation pipelines, anhydrous ammonia tankers,
17or anhydrous ammonia barges.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 85. The Code of Criminal Procedure of 1963 is
20amended by changing Sections 102-7.1, 110-10, 112A-11.1,
21112A-11.2, 112A-14, and 112A-14.7 as follows:
 
22    (725 ILCS 5/102-7.1)
23    Sec. 102-7.1. "Category A offense". "Category A offense"
24means a Class 1 felony, Class 2 felony, Class X felony, first

 

 

HB4376- 257 -LRB102 21797 RLC 30917 b

1degree murder, a violation of Section 11-204 of the Illinois
2Vehicle Code, a second or subsequent violation of Section
311-501 of the Illinois Vehicle Code, a violation of subsection
4(d) of Section 11-501 of the Illinois Vehicle Code, a
5violation of Section 11-401 of the Illinois Vehicle Code if
6the accident results in injury and the person failed to report
7the accident within 30 minutes, a violation of Section 9-3,
89-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
911-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1012-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1124-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
12second or subsequent violation of 12-3.2 or 12-3.4 of the
13Criminal Code of 2012, a violation of paragraph (5) or (6) of
14subsection (b) of Section 10-9 of the Criminal Code of 2012, a
15violation of subsection (b) or (c) or paragraph (1) or (2) of
16subsection (a) of Section 11-1.50 of the Criminal Code of
172012, a violation of Section 12-7 of the Criminal Code of 2012
18if the defendant inflicts bodily harm on the victim to obtain a
19confession, statement, or information, a violation of Section
2012-7.5 of the Criminal Code of 2012 if the action results in
21bodily harm, a violation of paragraph (3) of subsection (b) of
22Section 17-2 of the Criminal Code of 2012, a violation of
23subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
242012, a violation of paragraph (6) of subsection (a) of
25Section 24-1 of the Criminal Code of 2012, a first violation of
26Section 24-1.6 of the Criminal Code of 2012 by a person 18

 

 

HB4376- 258 -LRB102 21797 RLC 30917 b

1years of age or older where the factors listed in both items
2(A) and (C) or both items (A-5) and (C) of paragraph (3) of
3subsection (a) of Section 24-1.6 of the Criminal Code of 2012
4are present, a Class 3 felony violation of paragraph (1) of
5subsection (a) of Section 2 of the Firearm Owners
6Identification Card Act committed before the effective date of
7this amendatory Act of the 102nd General Assembly, or a
8violation of Section 10 of the Sex Offender Registration Act.
9(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
10    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
11    (Text of Section before amendment by P.A. 101-652)
12    Sec. 110-10. Conditions of bail bond.
13    (a) If a person is released prior to conviction, either
14upon payment of bail security or on his or her own
15recognizance, the conditions of the bail bond shall be that he
16or she will:
17        (1) Appear to answer the charge in the court having
18    jurisdiction on a day certain and thereafter as ordered by
19    the court until discharged or final order of the court;
20        (2) Submit himself or herself to the orders and
21    process of the court;
22        (3) Not depart this State without leave of the court;
23        (4) Not violate any criminal statute of any
24    jurisdiction;
25        (5) At a time and place designated by the court,

 

 

HB4376- 259 -LRB102 21797 RLC 30917 b

1    surrender all firearms in his or her possession to a law
2    enforcement officer designated by the court to take
3    custody of and impound the firearms and physically
4    surrender his or her Firearm Owner's Identification Card
5    to the clerk of the circuit court when the offense the
6    person has been charged with is a forcible felony,
7    stalking, aggravated stalking, domestic battery, any
8    violation of the Illinois Controlled Substances Act, the
9    Methamphetamine Control and Community Protection Act, or
10    the Cannabis Control Act that is classified as a Class 2 or
11    greater felony, or any felony violation of Article 24 of
12    the Criminal Code of 1961 or the Criminal Code of 2012; the
13    court may, however, forgo the imposition of this condition
14    when the circumstances of the case clearly do not warrant
15    it or when its imposition would be impractical; if the
16    Firearm Owner's Identification Card is confiscated, the
17    clerk of the circuit court shall mail the confiscated card
18    to the Illinois State Police; all legally possessed
19    firearms shall be returned to the person upon the charges
20    being dismissed, or if the person is found not guilty,
21    unless the finding of not guilty is by reason of insanity;
22    and
23        (6) At a time and place designated by the court,
24    submit to a psychological evaluation when the person has
25    been charged with a violation of item (4) of subsection
26    (a) of Section 24-1 of the Criminal Code of 1961 or the

 

 

HB4376- 260 -LRB102 21797 RLC 30917 b

1    Criminal Code of 2012 and that violation occurred in a
2    school or in any conveyance owned, leased, or contracted
3    by a school to transport students to or from school or a
4    school-related activity, or on any public way within 1,000
5    feet of real property comprising any school.
6    Psychological evaluations ordered pursuant to this Section
7shall be completed promptly and made available to the State,
8the defendant, and the court. As a further condition of bail
9under these circumstances, the court shall order the defendant
10to refrain from entering upon the property of the school,
11including any conveyance owned, leased, or contracted by a
12school to transport students to or from school or a
13school-related activity, or on any public way within 1,000
14feet of real property comprising any school. Upon receipt of
15the psychological evaluation, either the State or the
16defendant may request a change in the conditions of bail,
17pursuant to Section 110-6 of this Code. The court may change
18the conditions of bail to include a requirement that the
19defendant follow the recommendations of the psychological
20evaluation, including undergoing psychiatric treatment. The
21conclusions of the psychological evaluation and any statements
22elicited from the defendant during its administration are not
23admissible as evidence of guilt during the course of any trial
24on the charged offense, unless the defendant places his or her
25mental competency in issue.
26    (b) The court may impose other conditions, such as the

 

 

HB4376- 261 -LRB102 21797 RLC 30917 b

1following, if the court finds that such conditions are
2reasonably necessary to assure the defendant's appearance in
3court, protect the public from the defendant, or prevent the
4defendant's unlawful interference with the orderly
5administration of justice:
6        (1) Report to or appear in person before such person
7    or agency as the court may direct;
8        (2) Refrain from possessing a firearm or other
9    dangerous weapon;
10        (3) Refrain from approaching or communicating with
11    particular persons or classes of persons;
12        (4) Refrain from going to certain described
13    geographical areas or premises;
14        (5) Refrain from engaging in certain activities or
15    indulging in intoxicating liquors or in certain drugs;
16        (6) Undergo treatment for drug addiction or
17    alcoholism;
18        (7) Undergo medical or psychiatric treatment;
19        (8) Work or pursue a course of study or vocational
20    training;
21        (9) Attend or reside in a facility designated by the
22    court;
23        (10) Support his or her dependents;
24        (11) If a minor resides with his or her parents or in a
25    foster home, attend school, attend a non-residential
26    program for youths, and contribute to his or her own

 

 

HB4376- 262 -LRB102 21797 RLC 30917 b

1    support at home or in a foster home;
2        (12) Observe any curfew ordered by the court;
3        (13) Remain in the custody of such designated person
4    or organization agreeing to supervise his release. Such
5    third party custodian shall be responsible for notifying
6    the court if the defendant fails to observe the conditions
7    of release which the custodian has agreed to monitor, and
8    shall be subject to contempt of court for failure so to
9    notify the court;
10        (14) Be placed under direct supervision of the
11    Pretrial Services Agency, Probation Department or Court
12    Services Department in a pretrial bond home supervision
13    capacity with or without the use of an approved electronic
14    monitoring device subject to Article 8A of Chapter V of
15    the Unified Code of Corrections;
16        (14.1) The court shall impose upon a defendant who is
17    charged with any alcohol, cannabis, methamphetamine, or
18    controlled substance violation and is placed under direct
19    supervision of the Pretrial Services Agency, Probation
20    Department or Court Services Department in a pretrial bond
21    home supervision capacity with the use of an approved
22    monitoring device, as a condition of such bail bond, a fee
23    that represents costs incidental to the electronic
24    monitoring for each day of such bail supervision ordered
25    by the court, unless after determining the inability of
26    the defendant to pay the fee, the court assesses a lesser

 

 

HB4376- 263 -LRB102 21797 RLC 30917 b

1    fee or no fee as the case may be. The fee shall be
2    collected by the clerk of the circuit court, except as
3    provided in an administrative order of the Chief Judge of
4    the circuit court. The clerk of the circuit court shall
5    pay all monies collected from this fee to the county
6    treasurer for deposit in the substance abuse services fund
7    under Section 5-1086.1 of the Counties Code, except as
8    provided in an administrative order of the Chief Judge of
9    the circuit court.
10        The Chief Judge of the circuit court of the county may
11    by administrative order establish a program for electronic
12    monitoring of offenders with regard to drug-related and
13    alcohol-related offenses, in which a vendor supplies and
14    monitors the operation of the electronic monitoring
15    device, and collects the fees on behalf of the county. The
16    program shall include provisions for indigent offenders
17    and the collection of unpaid fees. The program shall not
18    unduly burden the offender and shall be subject to review
19    by the Chief Judge.
20        The Chief Judge of the circuit court may suspend any
21    additional charges or fees for late payment, interest, or
22    damage to any device;
23        (14.2) The court shall impose upon all defendants,
24    including those defendants subject to paragraph (14.1)
25    above, placed under direct supervision of the Pretrial
26    Services Agency, Probation Department or Court Services

 

 

HB4376- 264 -LRB102 21797 RLC 30917 b

1    Department in a pretrial bond home supervision capacity
2    with the use of an approved monitoring device, as a
3    condition of such bail bond, a fee which shall represent
4    costs incidental to such electronic monitoring for each
5    day of such bail supervision ordered by the court, unless
6    after determining the inability of the defendant to pay
7    the fee, the court assesses a lesser fee or no fee as the
8    case may be. The fee shall be collected by the clerk of the
9    circuit court, except as provided in an administrative
10    order of the Chief Judge of the circuit court. The clerk of
11    the circuit court shall pay all monies collected from this
12    fee to the county treasurer who shall use the monies
13    collected to defray the costs of corrections. The county
14    treasurer shall deposit the fee collected in the county
15    working cash fund under Section 6-27001 or Section 6-29002
16    of the Counties Code, as the case may be, except as
17    provided in an administrative order of the Chief Judge of
18    the circuit court.
19        The Chief Judge of the circuit court of the county may
20    by administrative order establish a program for electronic
21    monitoring of offenders with regard to drug-related and
22    alcohol-related offenses, in which a vendor supplies and
23    monitors the operation of the electronic monitoring
24    device, and collects the fees on behalf of the county. The
25    program shall include provisions for indigent offenders
26    and the collection of unpaid fees. The program shall not

 

 

HB4376- 265 -LRB102 21797 RLC 30917 b

1    unduly burden the offender and shall be subject to review
2    by the Chief Judge.
3        The Chief Judge of the circuit court may suspend any
4    additional charges or fees for late payment, interest, or
5    damage to any device;
6        (14.3) The Chief Judge of the Judicial Circuit may
7    establish reasonable fees to be paid by a person receiving
8    pretrial services while under supervision of a pretrial
9    services agency, probation department, or court services
10    department. Reasonable fees may be charged for pretrial
11    services including, but not limited to, pretrial
12    supervision, diversion programs, electronic monitoring,
13    victim impact services, drug and alcohol testing, DNA
14    testing, GPS electronic monitoring, assessments and
15    evaluations related to domestic violence and other
16    victims, and victim mediation services. The person
17    receiving pretrial services may be ordered to pay all
18    costs incidental to pretrial services in accordance with
19    his or her ability to pay those costs;
20        (14.4) For persons charged with violating Section
21    11-501 of the Illinois Vehicle Code, refrain from
22    operating a motor vehicle not equipped with an ignition
23    interlock device, as defined in Section 1-129.1 of the
24    Illinois Vehicle Code, pursuant to the rules promulgated
25    by the Secretary of State for the installation of ignition
26    interlock devices. Under this condition the court may

 

 

HB4376- 266 -LRB102 21797 RLC 30917 b

1    allow a defendant who is not self-employed to operate a
2    vehicle owned by the defendant's employer that is not
3    equipped with an ignition interlock device in the course
4    and scope of the defendant's employment;
5        (15) Comply with the terms and conditions of an order
6    of protection issued by the court under the Illinois
7    Domestic Violence Act of 1986 or an order of protection
8    issued by the court of another state, tribe, or United
9    States territory;
10        (16) Under Section 110-6.5 comply with the conditions
11    of the drug testing program; and
12        (17) Such other reasonable conditions as the court may
13    impose.
14    (c) When a person is charged with an offense under Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, involving a victim who is a minor under
1818 years of age living in the same household with the defendant
19at the time of the offense, in granting bail or releasing the
20defendant on his own recognizance, the judge shall impose
21conditions to restrict the defendant's access to the victim
22which may include, but are not limited to conditions that he
23will:
24        1. Vacate the household.
25        2. Make payment of temporary support to his
26    dependents.

 

 

HB4376- 267 -LRB102 21797 RLC 30917 b

1        3. Refrain from contact or communication with the
2    child victim, except as ordered by the court.
3    (d) When a person is charged with a criminal offense and
4the victim is a family or household member as defined in
5Article 112A, conditions shall be imposed at the time of the
6defendant's release on bond that restrict the defendant's
7access to the victim. Unless provided otherwise by the court,
8the restrictions shall include requirements that the defendant
9do the following:
10        (1) refrain from contact or communication with the
11    victim for a minimum period of 72 hours following the
12    defendant's release; and
13        (2) refrain from entering or remaining at the victim's
14    residence for a minimum period of 72 hours following the
15    defendant's release.
16    (e) Local law enforcement agencies shall develop
17standardized bond forms for use in cases involving family or
18household members as defined in Article 112A, including
19specific conditions of bond as provided in subsection (d).
20Failure of any law enforcement department to develop or use
21those forms shall in no way limit the applicability and
22enforcement of subsections (d) and (f).
23    (f) If the defendant is admitted to bail after conviction
24the conditions of the bail bond shall be that he will, in
25addition to the conditions set forth in subsections (a) and
26(b) hereof:

 

 

HB4376- 268 -LRB102 21797 RLC 30917 b

1        (1) Duly prosecute his appeal;
2        (2) Appear at such time and place as the court may
3    direct;
4        (3) Not depart this State without leave of the court;
5        (4) Comply with such other reasonable conditions as
6    the court may impose; and
7        (5) If the judgment is affirmed or the cause reversed
8    and remanded for a new trial, forthwith surrender to the
9    officer from whose custody he was bailed.
10    (g) Upon a finding of guilty for any felony offense, the
11defendant shall physically surrender, at a time and place
12designated by the court, any and all firearms in his or her
13possession and his or her Firearm Owner's Identification Card
14as a condition of remaining on bond pending sentencing.
15    (h) In the event the defendant is unable to post bond, the
16court may impose a no contact provision with the victim or
17other interested party that shall be enforced while the
18defendant remains in custody.
19(Source: P.A. 101-138, eff. 1-1-20.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 110-10. Conditions of pretrial release.
22    (a) If a person is released prior to conviction, the
23conditions of pretrial release shall be that he or she will:
24        (1) Appear to answer the charge in the court having
25    jurisdiction on a day certain and thereafter as ordered by

 

 

HB4376- 269 -LRB102 21797 RLC 30917 b

1    the court until discharged or final order of the court;
2        (2) Submit himself or herself to the orders and
3    process of the court;
4        (3) (Blank);
5        (4) Not violate any criminal statute of any
6    jurisdiction;
7        (5) At a time and place designated by the court,
8    surrender all firearms in his or her possession to a law
9    enforcement officer designated by the court to take
10    custody of and impound the firearms and physically
11    surrender his or her Firearm Owner's Identification Card
12    to the clerk of the circuit court when the offense the
13    person has been charged with is a forcible felony,
14    stalking, aggravated stalking, domestic battery, any
15    violation of the Illinois Controlled Substances Act, the
16    Methamphetamine Control and Community Protection Act, or
17    the Cannabis Control Act that is classified as a Class 2 or
18    greater felony, or any felony violation of Article 24 of
19    the Criminal Code of 1961 or the Criminal Code of 2012; the
20    court may, however, forgo the imposition of this condition
21    when the circumstances of the case clearly do not warrant
22    it or when its imposition would be impractical; if the
23    Firearm Owner's Identification Card is confiscated, the
24    clerk of the circuit court shall mail the confiscated card
25    to the Illinois State Police; all legally possessed
26    firearms shall be returned to the person upon the charges

 

 

HB4376- 270 -LRB102 21797 RLC 30917 b

1    being dismissed, or if the person is found not guilty,
2    unless the finding of not guilty is by reason of insanity;
3    and
4        (6) At a time and place designated by the court,
5    submit to a psychological evaluation when the person has
6    been charged with a violation of item (4) of subsection
7    (a) of Section 24-1 of the Criminal Code of 1961 or the
8    Criminal Code of 2012 and that violation occurred in a
9    school or in any conveyance owned, leased, or contracted
10    by a school to transport students to or from school or a
11    school-related activity, or on any public way within 1,000
12    feet of real property comprising any school.
13    Psychological evaluations ordered pursuant to this Section
14shall be completed promptly and made available to the State,
15the defendant, and the court. As a further condition of
16pretrial release under these circumstances, the court shall
17order the defendant to refrain from entering upon the property
18of the school, including any conveyance owned, leased, or
19contracted by a school to transport students to or from school
20or a school-related activity, or on any public way within
211,000 feet of real property comprising any school. Upon
22receipt of the psychological evaluation, either the State or
23the defendant may request a change in the conditions of
24pretrial release, pursuant to Section 110-6 of this Code. The
25court may change the conditions of pretrial release to include
26a requirement that the defendant follow the recommendations of

 

 

HB4376- 271 -LRB102 21797 RLC 30917 b

1the psychological evaluation, including undergoing psychiatric
2treatment. The conclusions of the psychological evaluation and
3any statements elicited from the defendant during its
4administration are not admissible as evidence of guilt during
5the course of any trial on the charged offense, unless the
6defendant places his or her mental competency in issue.
7    (b) The court may impose other conditions, such as the
8following, if the court finds that such conditions are
9reasonably necessary to assure the defendant's appearance in
10court, protect the public from the defendant, or prevent the
11defendant's unlawful interference with the orderly
12administration of justice:
13        (0.05) Not depart this State without leave of the
14    court;
15        (1) Report to or appear in person before such person
16    or agency as the court may direct;
17        (2) Refrain from possessing a firearm or other
18    dangerous weapon;
19        (3) Refrain from approaching or communicating with
20    particular persons or classes of persons;
21        (4) Refrain from going to certain described
22    geographical areas or premises;
23        (5) Refrain from engaging in certain activities or
24    indulging in intoxicating liquors or in certain drugs;
25        (6) Undergo treatment for drug addiction or
26    alcoholism;

 

 

HB4376- 272 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 273 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 274 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 275 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 276 -LRB102 21797 RLC 30917 b

1    costs incidental to pretrial services in accordance with
2    his or her ability to pay those costs;
3        (14.4) For persons charged with violating Section
4    11-501 of the Illinois Vehicle Code, refrain from
5    operating a motor vehicle not equipped with an ignition
6    interlock device, as defined in Section 1-129.1 of the
7    Illinois Vehicle Code, pursuant to the rules promulgated
8    by the Secretary of State for the installation of ignition
9    interlock devices. Under this condition the court may
10    allow a defendant who is not self-employed to operate a
11    vehicle owned by the defendant's employer that is not
12    equipped with an ignition interlock device in the course
13    and scope of the defendant's employment;
14        (15) Comply with the terms and conditions of an order
15    of protection issued by the court under the Illinois
16    Domestic Violence Act of 1986 or an order of protection
17    issued by the court of another state, tribe, or United
18    States territory;
19        (16) (Blank); and
20        (17) Such other reasonable conditions as the court may
21    impose.
22    (c) When a person is charged with an offense under Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
25Criminal Code of 2012, involving a victim who is a minor under
2618 years of age living in the same household with the defendant

 

 

HB4376- 277 -LRB102 21797 RLC 30917 b

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

 

 

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

 

 

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1(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)
 
2    (725 ILCS 5/112A-11.1)
3    Sec. 112A-11.1. Procedure for determining whether certain
4misdemeanor crimes are crimes of domestic violence for
5purposes of federal law.
6    (a) When a defendant has been charged with a violation of
7Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
8Criminal Code of 1961 or the Criminal Code of 2012, the State
9may, at arraignment or no later than 45 days after
10arraignment, for the purpose of notification to the Illinois
11State Police Firearm Owner's Identification Card Office, serve
12on the defendant and file with the court a notice alleging that
13conviction of the offense would subject the defendant to the
14prohibitions of 18 U.S.C. 922(g)(9) because of the
15relationship between the defendant and the alleged victim and
16the nature of the alleged offense.
17    (b) The notice shall include the name of the person
18alleged to be the victim of the crime and shall specify the
19nature of the alleged relationship as set forth in 18 U.S.C.
20921(a)(33)(A)(ii). It shall also specify the element of the
21charged offense which requires the use or attempted use of
22physical force, or the threatened use of a deadly weapon, as
23set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
24notice that the defendant is entitled to a hearing on the
25allegation contained in the notice and that if the allegation

 

 

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1is sustained, that determination and conviction shall be
2reported to the Illinois State Police Firearm Owner's
3Identification Card Office.
4    (c) After having been notified as provided in subsection
5(b) of this Section, the defendant may stipulate or admit,
6orally on the record or in writing, that conviction of the
7offense would subject the defendant to the prohibitions of 18
8U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
9922(g)(9) shall be deemed established for purposes of Section
10112A-11.2. If the defendant denies the applicability of 18
11U.S.C. 922(g)(9) as alleged in the notice served by the State,
12or stands mute with respect to that allegation, then the State
13shall bear the burden to prove beyond a reasonable doubt that
14the offense is one to which the prohibitions of 18 U.S.C.
15922(g)(9) apply. The court may consider reliable hearsay
16evidence submitted by either party provided that it is
17relevant to the determination of the allegation. Facts
18previously proven at trial or elicited at the time of entry of
19a plea of guilty shall be deemed established beyond a
20reasonable doubt and shall not be relitigated. At the
21conclusion of the hearing, or upon a stipulation or admission,
22as applicable, the court shall make a specific written
23determination with respect to the allegation.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (725 ILCS 5/112A-11.2)

 

 

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1    Sec. 112A-11.2. Notification to the Illinois State Police
2Firearm Owner's Identification Card Office of determinations
3in certain misdemeanor cases. Upon judgment of conviction of a
4violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
512-3.5 of the Criminal Code of 1961 or the Criminal Code of
62012 when the defendant has been determined, under Section
7112A-11.1, to be subject to the prohibitions of 18 U.S.C.
8922(g)(9), the circuit court clerk shall include notification
9and a copy of the written determination in a report of the
10conviction to the Illinois State Police Firearm Owner's
11Identification Card Office to enable the office to report that
12determination to the Federal Bureau of Investigation and
13assist the Bureau in identifying persons prohibited from
14purchasing and possessing a firearm pursuant to the provisions
15of 18 U.S.C. 922.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
18    Sec. 112A-14. Domestic violence order of protection;
19remedies.
20    (a) (Blank).
21    (b) The court may order any of the remedies listed in this
22subsection (b). The remedies listed in this subsection (b)
23shall be in addition to other civil or criminal remedies
24available to petitioner.
25        (1) Prohibition of abuse. Prohibit respondent's

 

 

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1    harassment, interference with personal liberty,
2    intimidation of a dependent, physical abuse, or willful
3    deprivation, as defined in this Article, if such abuse has
4    occurred or otherwise appears likely to occur if not
5    prohibited.
6        (2) Grant of exclusive possession of residence.
7    Prohibit respondent from entering or remaining in any
8    residence, household, or premises of the petitioner,
9    including one owned or leased by respondent, if petitioner
10    has a right to occupancy thereof. The grant of exclusive
11    possession of the residence, household, or premises shall
12    not affect title to real property, nor shall the court be
13    limited by the standard set forth in subsection (c-2) of
14    Section 501 of the Illinois Marriage and Dissolution of
15    Marriage Act.
16            (A) Right to occupancy. A party has a right to
17        occupancy of a residence or household if it is solely
18        or jointly owned or leased by that party, that party's
19        spouse, a person with a legal duty to support that
20        party or a minor child in that party's care, or by any
21        person or entity other than the opposing party that
22        authorizes that party's occupancy (e.g., a domestic
23        violence shelter). Standards set forth in subparagraph
24        (B) shall not preclude equitable relief.
25            (B) Presumption of hardships. If petitioner and
26        respondent each has the right to occupancy of a

 

 

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1        residence or household, the court shall balance (i)
2        the hardships to respondent and any minor child or
3        dependent adult in respondent's care resulting from
4        entry of this remedy with (ii) the hardships to
5        petitioner and any minor child or dependent adult in
6        petitioner's care resulting from continued exposure to
7        the risk of abuse (should petitioner remain at the
8        residence or household) or from loss of possession of
9        the residence or household (should petitioner leave to
10        avoid the risk of abuse). When determining the balance
11        of hardships, the court shall also take into account
12        the accessibility of the residence or household.
13        Hardships need not be balanced if respondent does not
14        have a right to occupancy.
15            The balance of hardships is presumed to favor
16        possession by petitioner unless the presumption is
17        rebutted by a preponderance of the evidence, showing
18        that the hardships to respondent substantially
19        outweigh the hardships to petitioner and any minor
20        child or dependent adult in petitioner's care. The
21        court, on the request of petitioner or on its own
22        motion, may order respondent to provide suitable,
23        accessible, alternate housing for petitioner instead
24        of excluding respondent from a mutual residence or
25        household.
26        (3) Stay away order and additional prohibitions. Order

 

 

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1    respondent to stay away from petitioner or any other
2    person protected by the domestic violence order of
3    protection, or prohibit respondent from entering or
4    remaining present at petitioner's school, place of
5    employment, or other specified places at times when
6    petitioner is present, or both, if reasonable, given the
7    balance of hardships. Hardships need not be balanced for
8    the court to enter a stay away order or prohibit entry if
9    respondent has no right to enter the premises.
10            (A) If a domestic violence order of protection
11        grants petitioner exclusive possession of the
12        residence, prohibits respondent from entering the
13        residence, or orders respondent to stay away from
14        petitioner or other protected persons, then the court
15        may allow respondent access to the residence to remove
16        items of clothing and personal adornment used
17        exclusively by respondent, medications, and other
18        items as the court directs. The right to access shall
19        be exercised on only one occasion as the court directs
20        and in the presence of an agreed-upon adult third
21        party or law enforcement officer.
22            (B) When the petitioner and the respondent attend
23        the same public, private, or non-public elementary,
24        middle, or high school, the court when issuing a
25        domestic violence order of protection and providing
26        relief shall consider the severity of the act, any

 

 

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1        continuing physical danger or emotional distress to
2        the petitioner, the educational rights guaranteed to
3        the petitioner and respondent under federal and State
4        law, the availability of a transfer of the respondent
5        to another school, a change of placement or a change of
6        program of the respondent, the expense, difficulty,
7        and educational disruption that would be caused by a
8        transfer of the respondent to another school, and any
9        other relevant facts of the case. The court may order
10        that the respondent not attend the public, private, or
11        non-public elementary, middle, or high school attended
12        by the petitioner, order that the respondent accept a
13        change of placement or change of program, as
14        determined by the school district or private or
15        non-public school, or place restrictions on the
16        respondent's movements within the school attended by
17        the petitioner. The respondent bears the burden of
18        proving by a preponderance of the evidence that a
19        transfer, change of placement, or change of program of
20        the respondent is not available. The respondent also
21        bears the burden of production with respect to the
22        expense, difficulty, and educational disruption that
23        would be caused by a transfer of the respondent to
24        another school. A transfer, change of placement, or
25        change of program is not unavailable to the respondent
26        solely on the ground that the respondent does not

 

 

HB4376- 286 -LRB102 21797 RLC 30917 b

1        agree with the school district's or private or
2        non-public school's transfer, change of placement, or
3        change of program or solely on the ground that the
4        respondent fails or refuses to consent or otherwise
5        does not take an action required to effectuate a
6        transfer, change of placement, or change of program.
7        When a court orders a respondent to stay away from the
8        public, private, or non-public school attended by the
9        petitioner and the respondent requests a transfer to
10        another attendance center within the respondent's
11        school district or private or non-public school, the
12        school district or private or non-public school shall
13        have sole discretion to determine the attendance
14        center to which the respondent is transferred. If the
15        court order results in a transfer of the minor
16        respondent to another attendance center, a change in
17        the respondent's placement, or a change of the
18        respondent's program, the parents, guardian, or legal
19        custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        transfer or change.
22            (C) The court may order the parents, guardian, or
23        legal custodian of a minor respondent to take certain
24        actions or to refrain from taking certain actions to
25        ensure that the respondent complies with the order. If
26        the court orders a transfer of the respondent to

 

 

HB4376- 287 -LRB102 21797 RLC 30917 b

1        another school, the parents, guardian, or legal
2        custodian of the respondent is responsible for
3        transportation and other costs associated with the
4        change of school by the respondent.
5        (4) Counseling. Require or recommend the respondent to
6    undergo counseling for a specified duration with a social
7    worker, psychologist, clinical psychologist,
8    psychiatrist, family service agency, alcohol or substance
9    abuse program, mental health center guidance counselor,
10    agency providing services to elders, program designed for
11    domestic violence abusers, or any other guidance service
12    the court deems appropriate. The court may order the
13    respondent in any intimate partner relationship to report
14    to an Illinois Department of Human Services protocol
15    approved partner abuse intervention program for an
16    assessment and to follow all recommended treatment.
17        (5) Physical care and possession of the minor child.
18    In order to protect the minor child from abuse, neglect,
19    or unwarranted separation from the person who has been the
20    minor child's primary caretaker, or to otherwise protect
21    the well-being of the minor child, the court may do either
22    or both of the following: (i) grant petitioner physical
23    care or possession of the minor child, or both, or (ii)
24    order respondent to return a minor child to, or not remove
25    a minor child from, the physical care of a parent or person
26    in loco parentis.

 

 

HB4376- 288 -LRB102 21797 RLC 30917 b

1        If the respondent is charged with abuse (as defined in
2    Section 112A-3 of this Code) of a minor child, there shall
3    be a rebuttable presumption that awarding physical care to
4    respondent would not be in the minor child's best
5    interest.
6        (6) Temporary allocation of parental responsibilities
7    and significant decision-making responsibilities. Award
8    temporary significant decision-making responsibility to
9    petitioner in accordance with this Section, the Illinois
10    Marriage and Dissolution of Marriage Act, the Illinois
11    Parentage Act of 2015, and this State's Uniform
12    Child-Custody Jurisdiction and Enforcement Act.
13        If the respondent is charged with abuse (as defined in
14    Section 112A-3 of this Code) of a minor child, there shall
15    be a rebuttable presumption that awarding temporary
16    significant decision-making responsibility to respondent
17    would not be in the child's best interest.
18        (7) Parenting time. Determine the parenting time, if
19    any, of respondent in any case in which the court awards
20    physical care or temporary significant decision-making
21    responsibility of a minor child to petitioner. The court
22    shall restrict or deny respondent's parenting time with a
23    minor child if the court finds that respondent has done or
24    is likely to do any of the following:
25            (i) abuse or endanger the minor child during
26        parenting time;

 

 

HB4376- 289 -LRB102 21797 RLC 30917 b

1            (ii) use the parenting time as an opportunity to
2        abuse or harass petitioner or petitioner's family or
3        household members;
4            (iii) improperly conceal or detain the minor
5        child; or
6            (iv) otherwise act in a manner that is not in the
7        best interests of the minor child.
8        The court shall not be limited by the standards set
9    forth in Section 603.10 of the Illinois Marriage and
10    Dissolution of Marriage Act. If the court grants parenting
11    time, the order shall specify dates and times for the
12    parenting time to take place or other specific parameters
13    or conditions that are appropriate. No order for parenting
14    time shall refer merely to the term "reasonable parenting
15    time". Petitioner may deny respondent access to the minor
16    child if, when respondent arrives for parenting time,
17    respondent is under the influence of drugs or alcohol and
18    constitutes a threat to the safety and well-being of
19    petitioner or petitioner's minor children or is behaving
20    in a violent or abusive manner. If necessary to protect
21    any member of petitioner's family or household from future
22    abuse, respondent shall be prohibited from coming to
23    petitioner's residence to meet the minor child for
24    parenting time, and the petitioner and respondent shall
25    submit to the court their recommendations for reasonable
26    alternative arrangements for parenting time. A person may

 

 

HB4376- 290 -LRB102 21797 RLC 30917 b

1    be approved to supervise parenting time only after filing
2    an affidavit accepting that responsibility and
3    acknowledging accountability to the court.
4        (8) Removal or concealment of minor child. Prohibit
5    respondent from removing a minor child from the State or
6    concealing the child within the State.
7        (9) Order to appear. Order the respondent to appear in
8    court, alone or with a minor child, to prevent abuse,
9    neglect, removal or concealment of the child, to return
10    the child to the custody or care of the petitioner, or to
11    permit any court-ordered interview or examination of the
12    child or the respondent.
13        (10) Possession of personal property. Grant petitioner
14    exclusive possession of personal property and, if
15    respondent has possession or control, direct respondent to
16    promptly make it available to petitioner, if:
17            (i) petitioner, but not respondent, owns the
18        property; or
19            (ii) the petitioner and respondent own the
20        property jointly; sharing it would risk abuse of
21        petitioner by respondent or is impracticable; and the
22        balance of hardships favors temporary possession by
23        petitioner.
24        If petitioner's sole claim to ownership of the
25    property is that it is marital property, the court may
26    award petitioner temporary possession thereof under the

 

 

HB4376- 291 -LRB102 21797 RLC 30917 b

1    standards of subparagraph (ii) of this paragraph only if a
2    proper proceeding has been filed under the Illinois
3    Marriage and Dissolution of Marriage Act, as now or
4    hereafter amended.
5        No order under this provision shall affect title to
6    property.
7        (11) Protection of property. Forbid the respondent
8    from taking, transferring, encumbering, concealing,
9    damaging, or otherwise disposing of any real or personal
10    property, except as explicitly authorized by the court,
11    if:
12            (i) petitioner, but not respondent, owns the
13        property; or
14            (ii) the petitioner and respondent own the
15        property jointly, and the balance of hardships favors
16        granting this remedy.
17        If petitioner's sole claim to ownership of the
18    property is that it is marital property, the court may
19    grant petitioner relief under subparagraph (ii) of this
20    paragraph only if a proper proceeding has been filed under
21    the Illinois Marriage and Dissolution of Marriage Act, as
22    now or hereafter amended.
23        The court may further prohibit respondent from
24    improperly using the financial or other resources of an
25    aged member of the family or household for the profit or
26    advantage of respondent or of any other person.

 

 

HB4376- 292 -LRB102 21797 RLC 30917 b

1        (11.5) Protection of animals. Grant the petitioner the
2    exclusive care, custody, or control of any animal owned,
3    possessed, leased, kept, or held by either the petitioner
4    or the respondent or a minor child residing in the
5    residence or household of either the petitioner or the
6    respondent and order the respondent to stay away from the
7    animal and forbid the respondent from taking,
8    transferring, encumbering, concealing, harming, or
9    otherwise disposing of the animal.
10        (12) Order for payment of support. Order respondent to
11    pay temporary support for the petitioner or any child in
12    the petitioner's care or over whom the petitioner has been
13    allocated parental responsibility, when the respondent has
14    a legal obligation to support that person, in accordance
15    with the Illinois Marriage and Dissolution of Marriage
16    Act, which shall govern, among other matters, the amount
17    of support, payment through the clerk and withholding of
18    income to secure payment. An order for child support may
19    be granted to a petitioner with lawful physical care of a
20    child, or an order or agreement for physical care of a
21    child, prior to entry of an order allocating significant
22    decision-making responsibility. Such a support order shall
23    expire upon entry of a valid order allocating parental
24    responsibility differently and vacating petitioner's
25    significant decision-making responsibility unless
26    otherwise provided in the order.

 

 

HB4376- 293 -LRB102 21797 RLC 30917 b

1        (13) Order for payment of losses. Order respondent to
2    pay petitioner for losses suffered as a direct result of
3    the abuse. Such losses shall include, but not be limited
4    to, medical expenses, lost earnings or other support,
5    repair or replacement of property damaged or taken,
6    reasonable attorney's fees, court costs, and moving or
7    other travel expenses, including additional reasonable
8    expenses for temporary shelter and restaurant meals.
9            (i) Losses affecting family needs. If a party is
10        entitled to seek maintenance, child support, or
11        property distribution from the other party under the
12        Illinois Marriage and Dissolution of Marriage Act, as
13        now or hereafter amended, the court may order
14        respondent to reimburse petitioner's actual losses, to
15        the extent that such reimbursement would be
16        "appropriate temporary relief", as authorized by
17        subsection (a)(3) of Section 501 of that Act.
18            (ii) Recovery of expenses. In the case of an
19        improper concealment or removal of a minor child, the
20        court may order respondent to pay the reasonable
21        expenses incurred or to be incurred in the search for
22        and recovery of the minor child, including, but not
23        limited to, legal fees, court costs, private
24        investigator fees, and travel costs.
25        (14) Prohibition of entry. Prohibit the respondent
26    from entering or remaining in the residence or household

 

 

HB4376- 294 -LRB102 21797 RLC 30917 b

1    while the respondent is under the influence of alcohol or
2    drugs and constitutes a threat to the safety and
3    well-being of the petitioner or the petitioner's children.
4        (14.5) Prohibition of firearm possession.
5            (A) A person who is subject to an existing
6        domestic violence order of protection issued under
7        this Code may not lawfully possess firearms, stun
8        guns, or tasers weapons or a Firearm Owner's
9        Identification Card under Section 8.2 of the Firearm
10        Owners Identification Card Act.
11            (B) Any firearms in the possession of the
12        respondent, except as provided in subparagraph (C) of
13        this paragraph (14.5), shall be ordered by the court
14        to be turned over to a person who is not prohibited
15        under State or federal law from possessing firearms
16        with a valid Firearm Owner's Identification Card for
17        safekeeping. The court shall issue an order that the
18        respondent comply with Section 9.5 of the Firearm
19        Owners Identification Card Act. Illinois
20            (C) If the respondent is a peace officer as
21        defined in Section 2-13 of the Criminal Code of 2012,
22        the court shall order that any firearms used by the
23        respondent in the performance of his or her duties as a
24        peace officer be surrendered to the chief law
25        enforcement executive of the agency in which the
26        respondent is employed, who shall retain the firearms

 

 

HB4376- 295 -LRB102 21797 RLC 30917 b

1        for safekeeping for the duration of the domestic
2        violence order of protection.
3            (D) Upon expiration of the period of safekeeping,
4        if the firearms or Firearm Owner's Identification Card
5        cannot be returned to respondent because respondent
6        cannot be located, fails to respond to requests to
7        retrieve the firearms, or is not lawfully eligible to
8        possess a firearm, upon petition from the local law
9        enforcement agency, the court may order the local law
10        enforcement agency to destroy the firearms, use the
11        firearms for training purposes, or for any other
12        application as deemed appropriate by the local law
13        enforcement agency; or that the firearms be turned
14        over to a third party who is lawfully eligible to
15        possess firearms, and who does not reside with
16        respondent.
17        (15) Prohibition of access to records. If a domestic
18    violence order of protection prohibits respondent from
19    having contact with the minor child, or if petitioner's
20    address is omitted under subsection (b) of Section 112A-5
21    of this Code, or if necessary to prevent abuse or wrongful
22    removal or concealment of a minor child, the order shall
23    deny respondent access to, and prohibit respondent from
24    inspecting, obtaining, or attempting to inspect or obtain,
25    school or any other records of the minor child who is in
26    the care of petitioner.

 

 

HB4376- 296 -LRB102 21797 RLC 30917 b

1        (16) Order for payment of shelter services. Order
2    respondent to reimburse a shelter providing temporary
3    housing and counseling services to the petitioner for the
4    cost of the services, as certified by the shelter and
5    deemed reasonable by the court.
6        (17) Order for injunctive relief. Enter injunctive
7    relief necessary or appropriate to prevent further abuse
8    of a family or household member or to effectuate one of the
9    granted remedies, if supported by the balance of
10    hardships. If the harm to be prevented by the injunction
11    is abuse or any other harm that one of the remedies listed
12    in paragraphs (1) through (16) of this subsection is
13    designed to prevent, no further evidence is necessary to
14    establish that the harm is an irreparable injury.
15        (18) Telephone services.
16            (A) Unless a condition described in subparagraph
17        (B) of this paragraph exists, the court may, upon
18        request by the petitioner, order a wireless telephone
19        service provider to transfer to the petitioner the
20        right to continue to use a telephone number or numbers
21        indicated by the petitioner and the financial
22        responsibility associated with the number or numbers,
23        as set forth in subparagraph (C) of this paragraph. In
24        this paragraph (18), the term "wireless telephone
25        service provider" means a provider of commercial
26        mobile service as defined in 47 U.S.C. 332. The

 

 

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1        petitioner may request the transfer of each telephone
2        number that the petitioner, or a minor child in his or
3        her custody, uses. The clerk of the court shall serve
4        the order on the wireless telephone service provider's
5        agent for service of process provided to the Illinois
6        Commerce Commission. The order shall contain all of
7        the following:
8                (i) The name and billing telephone number of
9            the account holder including the name of the
10            wireless telephone service provider that serves
11            the account.
12                (ii) Each telephone number that will be
13            transferred.
14                (iii) A statement that the provider transfers
15            to the petitioner all financial responsibility for
16            and right to the use of any telephone number
17            transferred under this paragraph.
18            (B) A wireless telephone service provider shall
19        terminate the respondent's use of, and shall transfer
20        to the petitioner use of, the telephone number or
21        numbers indicated in subparagraph (A) of this
22        paragraph unless it notifies the petitioner, within 72
23        hours after it receives the order, that one of the
24        following applies:
25                (i) The account holder named in the order has
26            terminated the account.

 

 

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1                (ii) A difference in network technology would
2            prevent or impair the functionality of a device on
3            a network if the transfer occurs.
4                (iii) The transfer would cause a geographic or
5            other limitation on network or service provision
6            to the petitioner.
7                (iv) Another technological or operational
8            issue would prevent or impair the use of the
9            telephone number if the transfer occurs.
10            (C) The petitioner assumes all financial
11        responsibility for and right to the use of any
12        telephone number transferred under this paragraph. In
13        this paragraph, "financial responsibility" includes
14        monthly service costs and costs associated with any
15        mobile device associated with the number.
16            (D) A wireless telephone service provider may
17        apply to the petitioner its routine and customary
18        requirements for establishing an account or
19        transferring a number, including requiring the
20        petitioner to provide proof of identification,
21        financial information, and customer preferences.
22            (E) Except for willful or wanton misconduct, a
23        wireless telephone service provider is immune from
24        civil liability for its actions taken in compliance
25        with a court order issued under this paragraph.
26            (F) All wireless service providers that provide

 

 

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1        services to residential customers shall provide to the
2        Illinois Commerce Commission the name and address of
3        an agent for service of orders entered under this
4        paragraph (18). Any change in status of the registered
5        agent must be reported to the Illinois Commerce
6        Commission within 30 days of such change.
7            (G) The Illinois Commerce Commission shall
8        maintain the list of registered agents for service for
9        each wireless telephone service provider on the
10        Commission's website. The Commission may consult with
11        wireless telephone service providers and the Circuit
12        Court Clerks on the manner in which this information
13        is provided and displayed.
14    (c) Relevant factors; findings.
15        (1) In determining whether to grant a specific remedy,
16    other than payment of support, the court shall consider
17    relevant factors, including, but not limited to, the
18    following:
19            (i) the nature, frequency, severity, pattern, and
20        consequences of the respondent's past abuse of the
21        petitioner or any family or household member,
22        including the concealment of his or her location in
23        order to evade service of process or notice, and the
24        likelihood of danger of future abuse to petitioner or
25        any member of petitioner's or respondent's family or
26        household; and

 

 

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1            (ii) the danger that any minor child will be
2        abused or neglected or improperly relocated from the
3        jurisdiction, improperly concealed within the State,
4        or improperly separated from the child's primary
5        caretaker.
6        (2) In comparing relative hardships resulting to the
7    parties from loss of possession of the family home, the
8    court shall consider relevant factors, including, but not
9    limited to, the following:
10            (i) availability, accessibility, cost, safety,
11        adequacy, location, and other characteristics of
12        alternate housing for each party and any minor child
13        or dependent adult in the party's care;
14            (ii) the effect on the party's employment; and
15            (iii) the effect on the relationship of the party,
16        and any minor child or dependent adult in the party's
17        care, to family, school, church, and community.
18        (3) Subject to the exceptions set forth in paragraph
19    (4) of this subsection (c), the court shall make its
20    findings in an official record or in writing, and shall at
21    a minimum set forth the following:
22            (i) That the court has considered the applicable
23        relevant factors described in paragraphs (1) and (2)
24        of this subsection (c).
25            (ii) Whether the conduct or actions of respondent,
26        unless prohibited, will likely cause irreparable harm

 

 

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1        or continued abuse.
2            (iii) Whether it is necessary to grant the
3        requested relief in order to protect petitioner or
4        other alleged abused persons.
5        (4) (Blank).
6        (5) Never married parties. No rights or
7    responsibilities for a minor child born outside of
8    marriage attach to a putative father until a father and
9    child relationship has been established under the Illinois
10    Parentage Act of 1984, the Illinois Parentage Act of 2015,
11    the Illinois Public Aid Code, Section 12 of the Vital
12    Records Act, the Juvenile Court Act of 1987, the Probate
13    Act of 1975, the Uniform Interstate Family Support Act,
14    the Expedited Child Support Act of 1990, any judicial,
15    administrative, or other act of another state or
16    territory, any other statute of this State, or by any
17    foreign nation establishing the father and child
18    relationship, any other proceeding substantially in
19    conformity with the federal Personal Responsibility and
20    Work Opportunity Reconciliation Act of 1996, or when both
21    parties appeared in open court or at an administrative
22    hearing acknowledging under oath or admitting by
23    affirmation the existence of a father and child
24    relationship. Absent such an adjudication, no putative
25    father shall be granted temporary allocation of parental
26    responsibilities, including parenting time with the minor

 

 

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1    child, or physical care and possession of the minor child,
2    nor shall an order of payment for support of the minor
3    child be entered.
4    (d) Balance of hardships; findings. If the court finds
5that the balance of hardships does not support the granting of
6a remedy governed by paragraph (2), (3), (10), (11), or (16) of
7subsection (b) of this Section, which may require such
8balancing, the court's findings shall so indicate and shall
9include a finding as to whether granting the remedy will
10result in hardship to respondent that would substantially
11outweigh the hardship to petitioner from denial of the remedy.
12The findings shall be an official record or in writing.
13    (e) Denial of remedies. Denial of any remedy shall not be
14based, in whole or in part, on evidence that:
15        (1) respondent has cause for any use of force, unless
16    that cause satisfies the standards for justifiable use of
17    force provided by Article 7 of the Criminal Code of 2012;
18        (2) respondent was voluntarily intoxicated;
19        (3) petitioner acted in self-defense or defense of
20    another, provided that, if petitioner utilized force, such
21    force was justifiable under Article 7 of the Criminal Code
22    of 2012;
23        (4) petitioner did not act in self-defense or defense
24    of another;
25        (5) petitioner left the residence or household to
26    avoid further abuse by respondent;

 

 

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1        (6) petitioner did not leave the residence or
2    household to avoid further abuse by respondent; or
3        (7) conduct by any family or household member excused
4    the abuse by respondent, unless that same conduct would
5    have excused such abuse if the parties had not been family
6    or household members.
7(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
8102-538, eff. 8-20-21; revised 11-2-21.)
 
9    (725 ILCS 5/112A-14.7)
10    Sec. 112A-14.7. Stalking no contact order; remedies.
11    (a) The court may order any of the remedies listed in this
12Section. The remedies listed in this Section shall be in
13addition to other civil or criminal remedies available to
14petitioner. A stalking no contact order shall order one or
15more of the following:
16        (1) prohibit the respondent from threatening to commit
17    or committing stalking;
18        (2) order the respondent not to have any contact with
19    the petitioner or a third person specifically named by the
20    court;
21        (3) prohibit the respondent from knowingly coming
22    within, or knowingly remaining within a specified distance
23    of the petitioner or the petitioner's residence, school,
24    daycare, or place of employment, or any specified place
25    frequented by the petitioner; however, the court may order

 

 

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1    the respondent to stay away from the respondent's own
2    residence, school, or place of employment only if the
3    respondent has been provided actual notice of the
4    opportunity to appear and be heard on the petition;
5        (4) prohibit the respondent from possessing a Firearm
6    Owners Identification Card, or possessing or buying
7    firearms; and
8        (5) order other injunctive relief the court determines
9    to be necessary to protect the petitioner or third party
10    specifically named by the court.
11    (b) When the petitioner and the respondent attend the same
12public, private, or non-public elementary, middle, or high
13school, the court when issuing a stalking no contact order and
14providing relief shall consider the severity of the act, any
15continuing physical danger or emotional distress to the
16petitioner, the educational rights guaranteed to the
17petitioner and respondent under federal and State law, the
18availability of a transfer of the respondent to another
19school, a change of placement or a change of program of the
20respondent, the expense, difficulty, and educational
21disruption that would be caused by a transfer of the
22respondent to another school, and any other relevant facts of
23the case. The court may order that the respondent not attend
24the public, private, or non-public elementary, middle, or high
25school attended by the petitioner, order that the respondent
26accept a change of placement or program, as determined by the

 

 

HB4376- 305 -LRB102 21797 RLC 30917 b

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

 

 

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1program, the parents, guardian, or legal custodian of the
2respondent is responsible for transportation and other costs
3associated with the transfer or change.
4    (c) The court may order the parents, guardian, or legal
5custodian of a minor respondent to take certain actions or to
6refrain from taking certain actions to ensure that the
7respondent complies with the order. If the court orders a
8transfer of the respondent to another school, the parents,
9guardian, or legal custodian of the respondent are responsible
10for transportation and other costs associated with the change
11of school by the respondent.
12    (d) The court shall not hold a school district or private
13or non-public school or any of its employees in civil or
14criminal contempt unless the school district or private or
15non-public school has been allowed to intervene.
16    (e) The court may hold the parents, guardian, or legal
17custodian of a minor respondent in civil or criminal contempt
18for a violation of any provision of any order entered under
19this Article for conduct of the minor respondent in violation
20of this Article if the parents, guardian, or legal custodian
21directed, encouraged, or assisted the respondent minor in the
22conduct.
23    (f) Monetary damages are not recoverable as a remedy.
24    (g) If the stalking no contact order prohibits the
25respondent from possessing a Firearm Owner's Identification
26Card, or possessing or buying firearms; the court shall

 

 

HB4376- 307 -LRB102 21797 RLC 30917 b

1confiscate the respondent's firearms and firearm ammunition
2Firearm Owner's Identification Card and immediately return the
3card to the Illinois State Police Firearm Owner's
4Identification Card Office.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 90. The Unified Code of Corrections is amended by
7changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
8follows:
 
9    (730 ILCS 5/5-4.5-110)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
12PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
13    (a) DEFINITIONS. For the purposes of this Section:
14        "Firearm" has the meaning ascribed to it in Section
15    2-7.5 of the Criminal Code of 2012 Section 1.1 of the
16    Firearm Owners Identification Card Act.
17        "Qualifying predicate offense" means the following
18    offenses under the Criminal Code of 2012:
19            (A) aggravated unlawful use of a weapon under
20        Section 24-1.6 or similar offense under the Criminal
21        Code of 1961, when the weapon is a firearm;
22            (B) unlawful use or possession of a weapon by a
23        felon under Section 24-1.1 or similar offense under
24        the Criminal Code of 1961, when the weapon is a

 

 

HB4376- 308 -LRB102 21797 RLC 30917 b

1        firearm;
2            (C) first degree murder under Section 9-1 or
3        similar offense under the Criminal Code of 1961;
4            (D) attempted first degree murder with a firearm
5        or similar offense under the Criminal Code of 1961;
6            (E) aggravated kidnapping with a firearm under
7        paragraph (6) or (7) of subsection (a) of Section 10-2
8        or similar offense under the Criminal Code of 1961;
9            (F) aggravated battery with a firearm under
10        subsection (e) of Section 12-3.05 or similar offense
11        under the Criminal Code of 1961;
12            (G) aggravated criminal sexual assault under
13        Section 11-1.30 or similar offense under the Criminal
14        Code of 1961;
15            (H) predatory criminal sexual assault of a child
16        under Section 11-1.40 or similar offense under the
17        Criminal Code of 1961;
18            (I) armed robbery under Section 18-2 or similar
19        offense under the Criminal Code of 1961;
20            (J) vehicular hijacking under Section 18-3 or
21        similar offense under the Criminal Code of 1961;
22            (K) aggravated vehicular hijacking under Section
23        18-4 or similar offense under the Criminal Code of
24        1961;
25            (L) home invasion with a firearm under paragraph
26        (3), (4), or (5) of subsection (a) of Section 19-6 or

 

 

HB4376- 309 -LRB102 21797 RLC 30917 b

1        similar offense under the Criminal Code of 1961;
2            (M) aggravated discharge of a firearm under
3        Section 24-1.2 or similar offense under the Criminal
4        Code of 1961;
5            (N) aggravated discharge of a machine gun or a
6        firearm equipped with a device designed or used for
7        silencing the report of a firearm under Section
8        24-1.2-5 or similar offense under the Criminal Code of
9        1961;
10            (0) unlawful use of firearm projectiles under
11        Section 24-2.1 or similar offense under the Criminal
12        Code of 1961;
13            (P) manufacture, sale, or transfer of bullets or
14        shells represented to be armor piercing bullets,
15        dragon's breath shotgun shells, bolo shells, or
16        flechette shells under Section 24-2.2 or similar
17        offense under the Criminal Code of 1961;
18            (Q) unlawful sale or delivery of firearms under
19        Section 24-3 or similar offense under the Criminal
20        Code of 1961;
21            (R) unlawful discharge of firearm projectiles
22        under Section 24-3.2 or similar offense under the
23        Criminal Code of 1961;
24            (S) unlawful sale or delivery of firearms on
25        school premises of any school under Section 24-3.3 or
26        similar offense under the Criminal Code of 1961;

 

 

HB4376- 310 -LRB102 21797 RLC 30917 b

1            (T) unlawful purchase of a firearm under Section
2        24-3.5 or similar offense under the Criminal Code of
3        1961;
4            (U) use of a stolen firearm in the commission of an
5        offense under Section 24-3.7 or similar offense under
6        the Criminal Code of 1961;
7            (V) possession of a stolen firearm under Section
8        24-3.8 or similar offense under the Criminal Code of
9        1961;
10            (W) aggravated possession of a stolen firearm
11        under Section 24-3.9 or similar offense under the
12        Criminal Code of 1961;
13            (X) gunrunning under Section 24-3A or similar
14        offense under the Criminal Code of 1961;
15            (Y) defacing identification marks of firearms
16        under Section 24-5 or similar offense under the
17        Criminal Code of 1961; and
18            (Z) armed violence under Section 33A-2 or similar
19        offense under the Criminal Code of 1961.
20    (b) APPLICABILITY. For an offense committed on or after
21the effective date of this amendatory Act of the 100th General
22Assembly and before January 1, 2023, when a person is
23convicted of unlawful use or possession of a weapon by a felon,
24when the weapon is a firearm, or aggravated unlawful use of a
25weapon, when the weapon is a firearm, after being previously
26convicted of a qualifying predicate offense the person shall

 

 

HB4376- 311 -LRB102 21797 RLC 30917 b

1be subject to the sentencing guidelines under this Section.
2    (c) SENTENCING GUIDELINES.
3        (1) When a person is convicted of unlawful use or
4    possession of a weapon by a felon, when the weapon is a
5    firearm, and that person has been previously convicted of
6    a qualifying predicate offense, the person shall be
7    sentenced to a term of imprisonment within the sentencing
8    range of not less than 7 years and not more than 14 years,
9    unless the court finds that a departure from the
10    sentencing guidelines under this paragraph is warranted
11    under subsection (d) of this Section.
12        (2) When a person is convicted of aggravated unlawful
13    use of a weapon, when the weapon is a firearm, and that
14    person has been previously convicted of a qualifying
15    predicate offense, the person shall be sentenced to a term
16    of imprisonment within the sentencing range of not less
17    than 6 years and not more than 7 years, unless the court
18    finds that a departure from the sentencing guidelines
19    under this paragraph is warranted under subsection (d) of
20    this Section.
21        (3) The sentencing guidelines in paragraphs (1) and
22    (2) of this subsection (c) apply only to offenses
23    committed on and after the effective date of this
24    amendatory Act of the 100th General Assembly and before
25    January 1, 2023.
26    (d) DEPARTURE FROM SENTENCING GUIDELINES.

 

 

HB4376- 312 -LRB102 21797 RLC 30917 b

1        (1) At the sentencing hearing conducted under Section
2    5-4-1 of this Code, the court may depart from the
3    sentencing guidelines provided in subsection (c) of this
4    Section and impose a sentence otherwise authorized by law
5    for the offense if the court, after considering any factor
6    under paragraph (2) of this subsection (d) relevant to the
7    nature and circumstances of the crime and to the history
8    and character of the defendant, finds on the record
9    substantial and compelling justification that the sentence
10    within the sentencing guidelines would be unduly harsh and
11    that a sentence otherwise authorized by law would be
12    consistent with public safety and does not deprecate the
13    seriousness of the offense.
14        (2) In deciding whether to depart from the sentencing
15    guidelines under this paragraph, the court shall consider:
16            (A) the age, immaturity, or limited mental
17        capacity of the defendant at the time of commission of
18        the qualifying predicate or current offense, including
19        whether the defendant was suffering from a mental or
20        physical condition insufficient to constitute a
21        defense but significantly reduced the defendant's
22        culpability;
23            (B) the nature and circumstances of the qualifying
24        predicate offense;
25            (C) the time elapsed since the qualifying
26        predicate offense;

 

 

HB4376- 313 -LRB102 21797 RLC 30917 b

1            (D) the nature and circumstances of the current
2        offense;
3            (E) the defendant's prior criminal history;
4            (F) whether the defendant committed the qualifying
5        predicate or current offense under specific and
6        credible duress, coercion, threat, or compulsion;
7            (G) whether the defendant aided in the
8        apprehension of another felon or testified truthfully
9        on behalf of another prosecution of a felony; and
10            (H) whether departure is in the interest of the
11        person's rehabilitation, including employment or
12        educational or vocational training, after taking into
13        account any past rehabilitation efforts or
14        dispositions of probation or supervision, and the
15        defendant's cooperation or response to rehabilitation.
16        (3) When departing from the sentencing guidelines
17    under this Section, the court shall specify on the record,
18    the particular evidence, information, factor or factors,
19    or other reasons which led to the departure from the
20    sentencing guidelines. When departing from the sentencing
21    range in accordance with this subsection (d), the court
22    shall indicate on the sentencing order which departure
23    factor or factors outlined in paragraph (2) of this
24    subsection (d) led to the sentence imposed. The sentencing
25    order shall be filed with the clerk of the court and shall
26    be a public record.

 

 

HB4376- 314 -LRB102 21797 RLC 30917 b

1    (e) This Section is repealed on January 1, 2023.
2(Source: P.A. 100-3, eff. 1-1-18.)
 
3    (730 ILCS 5/5-5-3)
4    Sec. 5-5-3. Disposition.
5    (a) (Blank).
6    (b) (Blank).
7    (c) (1) (Blank).
8    (2) A period of probation, a term of periodic imprisonment
9or conditional discharge shall not be imposed for the
10following offenses. The court shall sentence the offender to
11not less than the minimum term of imprisonment set forth in
12this Code for the following offenses, and may order a fine or
13restitution or both in conjunction with such term of
14imprisonment:
15        (A) First degree murder where the death penalty is not
16    imposed.
17        (B) Attempted first degree murder.
18        (C) A Class X felony.
19        (D) A violation of Section 401.1 or 407 of the
20    Illinois Controlled Substances Act, or a violation of
21    subdivision (c)(1.5) of Section 401 of that Act which
22    relates to more than 5 grams of a substance containing
23    fentanyl or an analog thereof.
24        (D-5) A violation of subdivision (c)(1) of Section 401
25    of the Illinois Controlled Substances Act which relates to

 

 

HB4376- 315 -LRB102 21797 RLC 30917 b

1    3 or more grams of a substance containing heroin or an
2    analog thereof.
3        (E) (Blank).
4        (F) A Class 1 or greater felony if the offender had
5    been convicted of a Class 1 or greater felony, including
6    any state or federal conviction for an offense that
7    contained, at the time it was committed, the same elements
8    as an offense now (the date of the offense committed after
9    the prior Class 1 or greater felony) classified as a Class
10    1 or greater felony, within 10 years of the date on which
11    the offender committed the offense for which he or she is
12    being sentenced, except as otherwise provided in Section
13    40-10 of the Substance Use Disorder Act.
14        (F-3) A Class 2 or greater felony sex offense or
15    felony firearm offense if the offender had been convicted
16    of a Class 2 or greater felony, including any state or
17    federal conviction for an offense that contained, at the
18    time it was committed, the same elements as an offense now
19    (the date of the offense committed after the prior Class 2
20    or greater felony) classified as a Class 2 or greater
21    felony, within 10 years of the date on which the offender
22    committed the offense for which he or she is being
23    sentenced, except as otherwise provided in Section 40-10
24    of the Substance Use Disorder Act.
25        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
26    of the Criminal Code of 1961 or the Criminal Code of 2012

 

 

HB4376- 316 -LRB102 21797 RLC 30917 b

1    for which imprisonment is prescribed in those Sections.
2        (G) Residential burglary, except as otherwise provided
3    in Section 40-10 of the Substance Use Disorder Act.
4        (H) Criminal sexual assault.
5        (I) Aggravated battery of a senior citizen as
6    described in Section 12-4.6 or subdivision (a)(4) of
7    Section 12-3.05 of the Criminal Code of 1961 or the
8    Criminal Code of 2012.
9        (J) A forcible felony if the offense was related to
10    the activities of an organized gang.
11        Before July 1, 1994, for the purposes of this
12    paragraph, "organized gang" means an association of 5 or
13    more persons, with an established hierarchy, that
14    encourages members of the association to perpetrate crimes
15    or provides support to the members of the association who
16    do commit crimes.
17        Beginning July 1, 1994, for the purposes of this
18    paragraph, "organized gang" has the meaning ascribed to it
19    in Section 10 of the Illinois Streetgang Terrorism Omnibus
20    Prevention Act.
21        (K) Vehicular hijacking.
22        (L) A second or subsequent conviction for the offense
23    of hate crime when the underlying offense upon which the
24    hate crime is based is felony aggravated assault or felony
25    mob action.
26        (M) A second or subsequent conviction for the offense

 

 

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1    of institutional vandalism if the damage to the property
2    exceeds $300.
3        (N) A Class 3 felony violation of paragraph (1) of
4    subsection (a) of Section 2 of the Firearm Owners
5    Identification Card Act committed before the effective
6    date of this amendatory Act of the 102nd General Assembly.
7        (O) A violation of Section 12-6.1 or 12-6.5 of the
8    Criminal Code of 1961 or the Criminal Code of 2012.
9        (P) A violation of paragraph (1), (2), (3), (4), (5),
10    or (7) of subsection (a) of Section 11-20.1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012.
12        (P-5) A violation of paragraph (6) of subsection (a)
13    of Section 11-20.1 of the Criminal Code of 1961 or the
14    Criminal Code of 2012 if the victim is a household or
15    family member of the defendant.
16        (Q) A violation of subsection (b) or (b-5) of Section
17    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
18    Code of 1961 or the Criminal Code of 2012.
19        (R) A violation of Section 24-3A of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (S) (Blank).
22        (T) (Blank).
23        (U) A second or subsequent violation of Section 6-303
24    of the Illinois Vehicle Code committed while his or her
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar provision of a law of
3    another state.
4        (V) A violation of paragraph (4) of subsection (c) of
5    Section 11-20.1B or paragraph (4) of subsection (c) of
6    Section 11-20.3 of the Criminal Code of 1961, or paragraph
7    (6) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 2012 when the victim is under 13 years of age and
9    the defendant has previously been convicted under the laws
10    of this State or any other state of the offense of child
11    pornography, aggravated child pornography, aggravated
12    criminal sexual abuse, aggravated criminal sexual assault,
13    predatory criminal sexual assault of a child, or any of
14    the offenses formerly known as rape, deviate sexual
15    assault, indecent liberties with a child, or aggravated
16    indecent liberties with a child where the victim was under
17    the age of 18 years or an offense that is substantially
18    equivalent to those offenses.
19        (W) A violation of Section 24-3.5 of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (X) A violation of subsection (a) of Section 31-1a of
22    the Criminal Code of 1961 or the Criminal Code of 2012.
23        (Y) A conviction for unlawful possession of a firearm
24    by a street gang member when the firearm was loaded or
25    contained firearm ammunition.
26        (Z) A Class 1 felony committed while he or she was

 

 

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1    serving a term of probation or conditional discharge for a
2    felony.
3        (AA) Theft of property exceeding $500,000 and not
4    exceeding $1,000,000 in value.
5        (BB) Laundering of criminally derived property of a
6    value exceeding $500,000.
7        (CC) Knowingly selling, offering for sale, holding for
8    sale, or using 2,000 or more counterfeit items or
9    counterfeit items having a retail value in the aggregate
10    of $500,000 or more.
11        (DD) A conviction for aggravated assault under
12    paragraph (6) of subsection (c) of Section 12-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 if the
14    firearm is aimed toward the person against whom the
15    firearm is being used.
16        (EE) A conviction for a violation of paragraph (2) of
17    subsection (a) of Section 24-3B of the Criminal Code of
18    2012.
19    (3) (Blank).
20    (4) A minimum term of imprisonment of not less than 10
21consecutive days or 30 days of community service shall be
22imposed for a violation of paragraph (c) of Section 6-303 of
23the Illinois Vehicle Code.
24    (4.1) (Blank).
25    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
26this subsection (c), a minimum of 100 hours of community

 

 

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1service shall be imposed for a second violation of Section
26-303 of the Illinois Vehicle Code.
3    (4.3) A minimum term of imprisonment of 30 days or 300
4hours of community service, as determined by the court, shall
5be imposed for a second violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.4) Except as provided in paragraphs (4.5), (4.6), and
8(4.9) of this subsection (c), a minimum term of imprisonment
9of 30 days or 300 hours of community service, as determined by
10the court, shall be imposed for a third or subsequent
11violation of Section 6-303 of the Illinois Vehicle Code. The
12court may give credit toward the fulfillment of community
13service hours for participation in activities and treatment as
14determined by court services.
15    (4.5) A minimum term of imprisonment of 30 days shall be
16imposed for a third violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.6) Except as provided in paragraph (4.10) of this
19subsection (c), a minimum term of imprisonment of 180 days
20shall be imposed for a fourth or subsequent violation of
21subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22    (4.7) A minimum term of imprisonment of not less than 30
23consecutive days, or 300 hours of community service, shall be
24imposed for a violation of subsection (a-5) of Section 6-303
25of the Illinois Vehicle Code, as provided in subsection (b-5)
26of that Section.

 

 

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1    (4.8) A mandatory prison sentence shall be imposed for a
2second violation of subsection (a-5) of Section 6-303 of the
3Illinois Vehicle Code, as provided in subsection (c-5) of that
4Section. The person's driving privileges shall be revoked for
5a period of not less than 5 years from the date of his or her
6release from prison.
7    (4.9) A mandatory prison sentence of not less than 4 and
8not more than 15 years shall be imposed for a third violation
9of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10Code, as provided in subsection (d-2.5) of that Section. The
11person's driving privileges shall be revoked for the remainder
12of his or her life.
13    (4.10) A mandatory prison sentence for a Class 1 felony
14shall be imposed, and the person shall be eligible for an
15extended term sentence, for a fourth or subsequent violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-3.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (5) The court may sentence a corporation or unincorporated
21association convicted of any offense to:
22        (A) a period of conditional discharge;
23        (B) a fine;
24        (C) make restitution to the victim under Section 5-5-6
25    of this Code.
26    (5.1) In addition to any other penalties imposed, and

 

 

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1except as provided in paragraph (5.2) or (5.3), a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for at least 90 days but not
5more than one year, if the violation resulted in damage to the
6property of another person.
7    (5.2) In addition to any other penalties imposed, and
8except as provided in paragraph (5.3), a person convicted of
9violating subsection (c) of Section 11-907 of the Illinois
10Vehicle Code shall have his or her driver's license, permit,
11or privileges suspended for at least 180 days but not more than
122 years, if the violation resulted in injury to another
13person.
14    (5.3) In addition to any other penalties imposed, a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for 2 years, if the violation
18resulted in the death of another person.
19    (5.4) In addition to any other penalties imposed, a person
20convicted of violating Section 3-707 of the Illinois Vehicle
21Code shall have his or her driver's license, permit, or
22privileges suspended for 3 months and until he or she has paid
23a reinstatement fee of $100.
24    (5.5) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code during a period in which his or her driver's license,

 

 

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1permit, or privileges were suspended for a previous violation
2of that Section shall have his or her driver's license,
3permit, or privileges suspended for an additional 6 months
4after the expiration of the original 3-month suspension and
5until he or she has paid a reinstatement fee of $100.
6    (6) (Blank).
7    (7) (Blank).
8    (8) (Blank).
9    (9) A defendant convicted of a second or subsequent
10offense of ritualized abuse of a child may be sentenced to a
11term of natural life imprisonment.
12    (10) (Blank).
13    (11) The court shall impose a minimum fine of $1,000 for a
14first offense and $2,000 for a second or subsequent offense
15upon a person convicted of or placed on supervision for
16battery when the individual harmed was a sports official or
17coach at any level of competition and the act causing harm to
18the sports official or coach occurred within an athletic
19facility or within the immediate vicinity of the athletic
20facility at which the sports official or coach was an active
21participant of the athletic contest held at the athletic
22facility. For the purposes of this paragraph (11), "sports
23official" means a person at an athletic contest who enforces
24the rules of the contest, such as an umpire or referee;
25"athletic facility" means an indoor or outdoor playing field
26or recreational area where sports activities are conducted;

 

 

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1and "coach" means a person recognized as a coach by the
2sanctioning authority that conducted the sporting event.
3    (12) A person may not receive a disposition of court
4supervision for a violation of Section 5-16 of the Boat
5Registration and Safety Act if that person has previously
6received a disposition of court supervision for a violation of
7that Section.
8    (13) A person convicted of or placed on court supervision
9for an assault or aggravated assault when the victim and the
10offender are family or household members as defined in Section
11103 of the Illinois Domestic Violence Act of 1986 or convicted
12of domestic battery or aggravated domestic battery may be
13required to attend a Partner Abuse Intervention Program under
14protocols set forth by the Illinois Department of Human
15Services under such terms and conditions imposed by the court.
16The costs of such classes shall be paid by the offender.
17    (d) In any case in which a sentence originally imposed is
18vacated, the case shall be remanded to the trial court. The
19trial court shall hold a hearing under Section 5-4-1 of this
20Code which may include evidence of the defendant's life, moral
21character and occupation during the time since the original
22sentence was passed. The trial court shall then impose
23sentence upon the defendant. The trial court may impose any
24sentence which could have been imposed at the original trial
25subject to Section 5-5-4 of this Code. If a sentence is vacated
26on appeal or on collateral attack due to the failure of the

 

 

HB4376- 325 -LRB102 21797 RLC 30917 b

1trier of fact at trial to determine beyond a reasonable doubt
2the existence of a fact (other than a prior conviction)
3necessary to increase the punishment for the offense beyond
4the statutory maximum otherwise applicable, either the
5defendant may be re-sentenced to a term within the range
6otherwise provided or, if the State files notice of its
7intention to again seek the extended sentence, the defendant
8shall be afforded a new trial.
9    (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 results in conviction
12of a defendant who was a family member of the victim at the
13time of the commission of the offense, the court shall
14consider the safety and welfare of the victim and may impose a
15sentence of probation only where:
16        (1) the court finds (A) or (B) or both are
17    appropriate:
18            (A) the defendant is willing to undergo a court
19        approved counseling program for a minimum duration of
20        2 years; or
21            (B) the defendant is willing to participate in a
22        court approved plan, including, but not limited to,
23        the defendant's:
24                (i) removal from the household;
25                (ii) restricted contact with the victim;
26                (iii) continued financial support of the

 

 

HB4376- 326 -LRB102 21797 RLC 30917 b

1            family;
2                (iv) restitution for harm done to the victim;
3            and
4                (v) compliance with any other measures that
5            the court may deem appropriate; and
6        (2) the court orders the defendant to pay for the
7    victim's counseling services, to the extent that the court
8    finds, after considering the defendant's income and
9    assets, that the defendant is financially capable of
10    paying for such services, if the victim was under 18 years
11    of age at the time the offense was committed and requires
12    counseling as a result of the offense.
13    Probation may be revoked or modified pursuant to Section
145-6-4; except where the court determines at the hearing that
15the defendant violated a condition of his or her probation
16restricting contact with the victim or other family members or
17commits another offense with the victim or other family
18members, the court shall revoke the defendant's probation and
19impose a term of imprisonment.
20    For the purposes of this Section, "family member" and
21"victim" shall have the meanings ascribed to them in Section
2211-0.1 of the Criminal Code of 2012.
23    (f) (Blank).
24    (g) Whenever a defendant is convicted of an offense under
25Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2611-14.3, 11-14.4 except for an offense that involves keeping a

 

 

HB4376- 327 -LRB102 21797 RLC 30917 b

1place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the defendant shall undergo medical
5testing to determine whether the defendant has any sexually
6transmissible disease, including a test for infection with
7human immunodeficiency virus (HIV) or any other identified
8causative agent of acquired immunodeficiency syndrome (AIDS).
9Any such medical test shall be performed only by appropriately
10licensed medical practitioners and may include an analysis of
11any bodily fluids as well as an examination of the defendant's
12person. Except as otherwise provided by law, the results of
13such test shall be kept strictly confidential by all medical
14personnel involved in the testing and must be personally
15delivered in a sealed envelope to the judge of the court in
16which the conviction was entered for the judge's inspection in
17camera. Acting in accordance with the best interests of the
18victim and the public, the judge shall have the discretion to
19determine to whom, if anyone, the results of the testing may be
20revealed. The court shall notify the defendant of the test
21results. The court shall also notify the victim if requested
22by the victim, and if the victim is under the age of 15 and if
23requested by the victim's parents or legal guardian, the court
24shall notify the victim's parents or legal guardian of the
25test results. The court shall provide information on the
26availability of HIV testing and counseling at Department of

 

 

HB4376- 328 -LRB102 21797 RLC 30917 b

1Public Health facilities to all parties to whom the results of
2the testing are revealed and shall direct the State's Attorney
3to provide the information to the victim when possible. The
4court shall order that the cost of any such test shall be paid
5by the county and may be taxed as costs against the convicted
6defendant.
7    (g-5) When an inmate is tested for an airborne
8communicable disease, as determined by the Illinois Department
9of Public Health, including, but not limited to, tuberculosis,
10the results of the test shall be personally delivered by the
11warden or his or her designee in a sealed envelope to the judge
12of the court in which the inmate must appear for the judge's
13inspection in camera if requested by the judge. Acting in
14accordance with the best interests of those in the courtroom,
15the judge shall have the discretion to determine what if any
16precautions need to be taken to prevent transmission of the
17disease in the courtroom.
18    (h) Whenever a defendant is convicted of an offense under
19Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20defendant shall undergo medical testing to determine whether
21the defendant has been exposed to human immunodeficiency virus
22(HIV) or any other identified causative agent of acquired
23immunodeficiency syndrome (AIDS). Except as otherwise provided
24by law, the results of such test shall be kept strictly
25confidential by all medical personnel involved in the testing
26and must be personally delivered in a sealed envelope to the

 

 

HB4376- 329 -LRB102 21797 RLC 30917 b

1judge of the court in which the conviction was entered for the
2judge's inspection in camera. Acting in accordance with the
3best interests of the public, the judge shall have the
4discretion to determine to whom, if anyone, the results of the
5testing may be revealed. The court shall notify the defendant
6of a positive test showing an infection with the human
7immunodeficiency virus (HIV). The court shall provide
8information on the availability of HIV testing and counseling
9at Department of Public Health facilities to all parties to
10whom the results of the testing are revealed and shall direct
11the State's Attorney to provide the information to the victim
12when possible. The court shall order that the cost of any such
13test shall be paid by the county and may be taxed as costs
14against the convicted defendant.
15    (i) All fines and penalties imposed under this Section for
16any violation of Chapters 3, 4, 6, and 11 of the Illinois
17Vehicle Code, or a similar provision of a local ordinance, and
18any violation of the Child Passenger Protection Act, or a
19similar provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under the Criminal
21and Traffic Assessment Act.
22    (j) In cases when prosecution for any violation of Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

 

 

HB4376- 330 -LRB102 21797 RLC 30917 b

112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2Code of 2012, any violation of the Illinois Controlled
3Substances Act, any violation of the Cannabis Control Act, or
4any violation of the Methamphetamine Control and Community
5Protection Act results in conviction, a disposition of court
6supervision, or an order of probation granted under Section 10
7of the Cannabis Control Act, Section 410 of the Illinois
8Controlled Substances Act, or Section 70 of the
9Methamphetamine Control and Community Protection Act of a
10defendant, the court shall determine whether the defendant is
11employed by a facility or center as defined under the Child
12Care Act of 1969, a public or private elementary or secondary
13school, or otherwise works with children under 18 years of age
14on a daily basis. When a defendant is so employed, the court
15shall order the Clerk of the Court to send a copy of the
16judgment of conviction or order of supervision or probation to
17the defendant's employer by certified mail. If the employer of
18the defendant is a school, the Clerk of the Court shall direct
19the mailing of a copy of the judgment of conviction or order of
20supervision or probation to the appropriate regional
21superintendent of schools. The regional superintendent of
22schools shall notify the State Board of Education of any
23notification under this subsection.
24    (j-5) A defendant at least 17 years of age who is convicted
25of a felony and who has not been previously convicted of a
26misdemeanor or felony and who is sentenced to a term of

 

 

HB4376- 331 -LRB102 21797 RLC 30917 b

1imprisonment in the Illinois Department of Corrections shall
2as a condition of his or her sentence be required by the court
3to attend educational courses designed to prepare the
4defendant for a high school diploma and to work toward a high
5school diploma or to work toward passing high school
6equivalency testing or to work toward completing a vocational
7training program offered by the Department of Corrections. If
8a defendant fails to complete the educational training
9required by his or her sentence during the term of
10incarceration, the Prisoner Review Board shall, as a condition
11of mandatory supervised release, require the defendant, at his
12or her own expense, to pursue a course of study toward a high
13school diploma or passage of high school equivalency testing.
14The Prisoner Review Board shall revoke the mandatory
15supervised release of a defendant who wilfully fails to comply
16with this subsection (j-5) upon his or her release from
17confinement in a penal institution while serving a mandatory
18supervised release term; however, the inability of the
19defendant after making a good faith effort to obtain financial
20aid or pay for the educational training shall not be deemed a
21wilful failure to comply. The Prisoner Review Board shall
22recommit the defendant whose mandatory supervised release term
23has been revoked under this subsection (j-5) as provided in
24Section 3-3-9. This subsection (j-5) does not apply to a
25defendant who has a high school diploma or has successfully
26passed high school equivalency testing. This subsection (j-5)

 

 

HB4376- 332 -LRB102 21797 RLC 30917 b

1does not apply to a defendant who is determined by the court to
2be a person with a developmental disability or otherwise
3mentally incapable of completing the educational or vocational
4program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7(l), whenever a defendant, who is an alien as defined by the
8Immigration and Nationality Act, is convicted of any felony or
9misdemeanor offense, the court after sentencing the defendant
10may, upon motion of the State's Attorney, hold sentence in
11abeyance and remand the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent to be deported when:
14        (1) a final order of deportation has been issued
15    against the defendant pursuant to proceedings under the
16    Immigration and Nationality Act, and
17        (2) the deportation of the defendant would not
18    deprecate the seriousness of the defendant's conduct and
19    would not be inconsistent with the ends of justice.
20    Otherwise, the defendant shall be sentenced as provided in
21this Chapter V.
22    (B) If the defendant has already been sentenced for a
23felony or misdemeanor offense, or has been placed on probation
24under Section 10 of the Cannabis Control Act, Section 410 of
25the Illinois Controlled Substances Act, or Section 70 of the
26Methamphetamine Control and Community Protection Act, the

 

 

HB4376- 333 -LRB102 21797 RLC 30917 b

1court may, upon motion of the State's Attorney to suspend the
2sentence imposed, commit the defendant to the custody of the
3Attorney General of the United States or his or her designated
4agent when:
5        (1) a final order of deportation has been issued
6    against the defendant pursuant to proceedings under the
7    Immigration and Nationality Act, and
8        (2) the deportation of the defendant would not
9    deprecate the seriousness of the defendant's conduct and
10    would not be inconsistent with the ends of justice.
11    (C) This subsection (l) does not apply to offenders who
12are subject to the provisions of paragraph (2) of subsection
13(a) of Section 3-6-3.
14    (D) Upon motion of the State's Attorney, if a defendant
15sentenced under this Section returns to the jurisdiction of
16the United States, the defendant shall be recommitted to the
17custody of the county from which he or she was sentenced.
18Thereafter, the defendant shall be brought before the
19sentencing court, which may impose any sentence that was
20available under Section 5-5-3 at the time of initial
21sentencing. In addition, the defendant shall not be eligible
22for additional earned sentence credit as provided under
23Section 3-6-3.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961 or the
26Criminal Code of 2012, in which the property damage exceeds

 

 

HB4376- 334 -LRB102 21797 RLC 30917 b

1$300 and the property damaged is a school building, shall be
2ordered to perform community service that may include cleanup,
3removal, or painting over the defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 (i) to an impact
8incarceration program if the person is otherwise eligible for
9that program under Section 5-8-1.1, (ii) to community service,
10or (iii) if the person has a substance use disorder, as defined
11in the Substance Use Disorder Act, to a treatment program
12licensed under that Act.
13    (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions
17of license renewal established by the Secretary of State.
18(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
19102-531, eff. 1-1-22; revised 10-12-21.)
 
20    (730 ILCS 5/5-5-3.2)
21    (Text of Section before amendment by P.A. 101-652)
22    Sec. 5-5-3.2. Factors in aggravation and extended-term
23sentencing.
24    (a) The following factors shall be accorded weight in
25favor of imposing a term of imprisonment or may be considered

 

 

HB4376- 335 -LRB102 21797 RLC 30917 b

1by the court as reasons to impose a more severe sentence under
2Section 5-8-1 or Article 4.5 of Chapter V:
3        (1) the defendant's conduct caused or threatened
4    serious harm;
5        (2) the defendant received compensation for committing
6    the offense;
7        (3) the defendant has a history of prior delinquency
8    or criminal activity;
9        (4) the defendant, by the duties of his office or by
10    his position, was obliged to prevent the particular
11    offense committed or to bring the offenders committing it
12    to justice;
13        (5) the defendant held public office at the time of
14    the offense, and the offense related to the conduct of
15    that office;
16        (6) the defendant utilized his professional reputation
17    or position in the community to commit the offense, or to
18    afford him an easier means of committing it;
19        (7) the sentence is necessary to deter others from
20    committing the same crime;
21        (8) the defendant committed the offense against a
22    person 60 years of age or older or such person's property;
23        (9) the defendant committed the offense against a
24    person who has a physical disability or such person's
25    property;
26        (10) by reason of another individual's actual or

 

 

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1    perceived race, color, creed, religion, ancestry, gender,
2    sexual orientation, physical or mental disability, or
3    national origin, the defendant committed the offense
4    against (i) the person or property of that individual;
5    (ii) the person or property of a person who has an
6    association with, is married to, or has a friendship with
7    the other individual; or (iii) the person or property of a
8    relative (by blood or marriage) of a person described in
9    clause (i) or (ii). For the purposes of this Section,
10    "sexual orientation" has the meaning ascribed to it in
11    paragraph (O-1) of Section 1-103 of the Illinois Human
12    Rights Act;
13        (11) the offense took place in a place of worship or on
14    the grounds of a place of worship, immediately prior to,
15    during or immediately following worship services. For
16    purposes of this subparagraph, "place of worship" shall
17    mean any church, synagogue or other building, structure or
18    place used primarily for religious worship;
19        (12) the defendant was convicted of a felony committed
20    while he was released on bail or his own recognizance
21    pending trial for a prior felony and was convicted of such
22    prior felony, or the defendant was convicted of a felony
23    committed while he was serving a period of probation,
24    conditional discharge, or mandatory supervised release
25    under subsection (d) of Section 5-8-1 for a prior felony;
26        (13) the defendant committed or attempted to commit a

 

 

HB4376- 337 -LRB102 21797 RLC 30917 b

1    felony while he was wearing a bulletproof vest. For the
2    purposes of this paragraph (13), a bulletproof vest is any
3    device which is designed for the purpose of protecting the
4    wearer from bullets, shot or other lethal projectiles;
5        (14) the defendant held a position of trust or
6    supervision such as, but not limited to, family member as
7    defined in Section 11-0.1 of the Criminal Code of 2012,
8    teacher, scout leader, baby sitter, or day care worker, in
9    relation to a victim under 18 years of age, and the
10    defendant committed an offense in violation of Section
11    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
12    11-14.4 except for an offense that involves keeping a
13    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
14    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
15    or 12-16 of the Criminal Code of 1961 or the Criminal Code
16    of 2012 against that victim;
17        (15) the defendant committed an offense related to the
18    activities of an organized gang. For the purposes of this
19    factor, "organized gang" has the meaning ascribed to it in
20    Section 10 of the Streetgang Terrorism Omnibus Prevention
21    Act;
22        (16) the defendant committed an offense in violation
23    of one of the following Sections while in a school,
24    regardless of the time of day or time of year; on any
25    conveyance owned, leased, or contracted by a school to
26    transport students to or from school or a school related

 

 

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1    activity; on the real property of a school; or on a public
2    way within 1,000 feet of the real property comprising any
3    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
4    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
5    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
6    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
7    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
8    for subdivision (a)(4) or (g)(1), of the Criminal Code of
9    1961 or the Criminal Code of 2012;
10        (16.5) the defendant committed an offense in violation
11    of one of the following Sections while in a day care
12    center, regardless of the time of day or time of year; on
13    the real property of a day care center, regardless of the
14    time of day or time of year; or on a public way within
15    1,000 feet of the real property comprising any day care
16    center, regardless of the time of day or time of year:
17    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
18    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
19    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
20    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
21    18-2, or 33A-2, or Section 12-3.05 except for subdivision
22    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
23    Criminal Code of 2012;
24        (17) the defendant committed the offense by reason of
25    any person's activity as a community policing volunteer or
26    to prevent any person from engaging in activity as a

 

 

HB4376- 339 -LRB102 21797 RLC 30917 b

1    community policing volunteer. For the purpose of this
2    Section, "community policing volunteer" has the meaning
3    ascribed to it in Section 2-3.5 of the Criminal Code of
4    2012;
5        (18) the defendant committed the offense in a nursing
6    home or on the real property comprising a nursing home.
7    For the purposes of this paragraph (18), "nursing home"
8    means a skilled nursing or intermediate long term care
9    facility that is subject to license by the Illinois
10    Department of Public Health under the Nursing Home Care
11    Act, the Specialized Mental Health Rehabilitation Act of
12    2013, the ID/DD Community Care Act, or the MC/DD Act;
13        (19) the defendant was a federally licensed firearm
14    dealer and was previously convicted of a violation of
15    subsection (a) of Section 3 of the Firearm Owners
16    Identification Card Act and has now committed either a
17    felony violation of the Firearm Owners Identification Card
18    Act or an act of armed violence while armed with a firearm;
19        (20) the defendant (i) committed the offense of
20    reckless homicide under Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012 or the offense of
22    driving under the influence of alcohol, other drug or
23    drugs, intoxicating compound or compounds or any
24    combination thereof under Section 11-501 of the Illinois
25    Vehicle Code or a similar provision of a local ordinance
26    and (ii) was operating a motor vehicle in excess of 20

 

 

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1    miles per hour over the posted speed limit as provided in
2    Article VI of Chapter 11 of the Illinois Vehicle Code;
3        (21) the defendant (i) committed the offense of
4    reckless driving or aggravated reckless driving under
5    Section 11-503 of the Illinois Vehicle Code and (ii) was
6    operating a motor vehicle in excess of 20 miles per hour
7    over the posted speed limit as provided in Article VI of
8    Chapter 11 of the Illinois Vehicle Code;
9        (22) the defendant committed the offense against a
10    person that the defendant knew, or reasonably should have
11    known, was a member of the Armed Forces of the United
12    States serving on active duty. For purposes of this clause
13    (22), the term "Armed Forces" means any of the Armed
14    Forces of the United States, including a member of any
15    reserve component thereof or National Guard unit called to
16    active duty;
17        (23) the defendant committed the offense against a
18    person who was elderly or infirm or who was a person with a
19    disability by taking advantage of a family or fiduciary
20    relationship with the elderly or infirm person or person
21    with a disability;
22        (24) the defendant committed any offense under Section
23    11-20.1 of the Criminal Code of 1961 or the Criminal Code
24    of 2012 and possessed 100 or more images;
25        (25) the defendant committed the offense while the
26    defendant or the victim was in a train, bus, or other

 

 

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1    vehicle used for public transportation;
2        (26) the defendant committed the offense of child
3    pornography or aggravated child pornography, specifically
4    including paragraph (1), (2), (3), (4), (5), or (7) of
5    subsection (a) of Section 11-20.1 of the Criminal Code of
6    1961 or the Criminal Code of 2012 where a child engaged in,
7    solicited for, depicted in, or posed in any act of sexual
8    penetration or bound, fettered, or subject to sadistic,
9    masochistic, or sadomasochistic abuse in a sexual context
10    and specifically including paragraph (1), (2), (3), (4),
11    (5), or (7) of subsection (a) of Section 11-20.1B or
12    Section 11-20.3 of the Criminal Code of 1961 where a child
13    engaged in, solicited for, depicted in, or posed in any
14    act of sexual penetration or bound, fettered, or subject
15    to sadistic, masochistic, or sadomasochistic abuse in a
16    sexual context;
17        (27) the defendant committed the offense of first
18    degree murder, assault, aggravated assault, battery,
19    aggravated battery, robbery, armed robbery, or aggravated
20    robbery against a person who was a veteran and the
21    defendant knew, or reasonably should have known, that the
22    person was a veteran performing duties as a representative
23    of a veterans' organization. For the purposes of this
24    paragraph (27), "veteran" means an Illinois resident who
25    has served as a member of the United States Armed Forces, a
26    member of the Illinois National Guard, or a member of the

 

 

HB4376- 342 -LRB102 21797 RLC 30917 b

1    United States Reserve Forces; and "veterans' organization"
2    means an organization comprised of members of which
3    substantially all are individuals who are veterans or
4    spouses, widows, or widowers of veterans, the primary
5    purpose of which is to promote the welfare of its members
6    and to provide assistance to the general public in such a
7    way as to confer a public benefit;
8        (28) the defendant committed the offense of assault,
9    aggravated assault, battery, aggravated battery, robbery,
10    armed robbery, or aggravated robbery against a person that
11    the defendant knew or reasonably should have known was a
12    letter carrier or postal worker while that person was
13    performing his or her duties delivering mail for the
14    United States Postal Service;
15        (29) the defendant committed the offense of criminal
16    sexual assault, aggravated criminal sexual assault,
17    criminal sexual abuse, or aggravated criminal sexual abuse
18    against a victim with an intellectual disability, and the
19    defendant holds a position of trust, authority, or
20    supervision in relation to the victim;
21        (30) the defendant committed the offense of promoting
22    juvenile prostitution, patronizing a prostitute, or
23    patronizing a minor engaged in prostitution and at the
24    time of the commission of the offense knew that the
25    prostitute or minor engaged in prostitution was in the
26    custody or guardianship of the Department of Children and

 

 

HB4376- 343 -LRB102 21797 RLC 30917 b

1    Family Services;
2        (31) the defendant (i) committed the offense of
3    driving while under the influence of alcohol, other drug
4    or drugs, intoxicating compound or compounds or any
5    combination thereof in violation of Section 11-501 of the
6    Illinois Vehicle Code or a similar provision of a local
7    ordinance and (ii) the defendant during the commission of
8    the offense was driving his or her vehicle upon a roadway
9    designated for one-way traffic in the opposite direction
10    of the direction indicated by official traffic control
11    devices;
12        (32) the defendant committed the offense of reckless
13    homicide while committing a violation of Section 11-907 of
14    the Illinois Vehicle Code;
15        (33) the defendant was found guilty of an
16    administrative infraction related to an act or acts of
17    public indecency or sexual misconduct in the penal
18    institution. In this paragraph (33), "penal institution"
19    has the same meaning as in Section 2-14 of the Criminal
20    Code of 2012; or
21        (34) the defendant committed the offense of leaving
22    the scene of an accident in violation of subsection (b) of
23    Section 11-401 of the Illinois Vehicle Code and the
24    accident resulted in the death of a person and at the time
25    of the offense, the defendant was: (i) driving under the
26    influence of alcohol, other drug or drugs, intoxicating

 

 

HB4376- 344 -LRB102 21797 RLC 30917 b

1    compound or compounds or any combination thereof as
2    defined by Section 11-501 of the Illinois Vehicle Code; or
3    (ii) operating the motor vehicle while using an electronic
4    communication device as defined in Section 12-610.2 of the
5    Illinois Vehicle Code.
6    For the purposes of this Section:
7    "School" is defined as a public or private elementary or
8secondary school, community college, college, or university.
9    "Day care center" means a public or private State
10certified and licensed day care center as defined in Section
112.09 of the Child Care Act of 1969 that displays a sign in
12plain view stating that the property is a day care center.
13    "Intellectual disability" means significantly subaverage
14intellectual functioning which exists concurrently with
15impairment in adaptive behavior.
16    "Public transportation" means the transportation or
17conveyance of persons by means available to the general
18public, and includes paratransit services.
19    "Traffic control devices" means all signs, signals,
20markings, and devices that conform to the Illinois Manual on
21Uniform Traffic Control Devices, placed or erected by
22authority of a public body or official having jurisdiction,
23for the purpose of regulating, warning, or guiding traffic.
24    (b) The following factors, related to all felonies, may be
25considered by the court as reasons to impose an extended term
26sentence under Section 5-8-2 upon any offender:

 

 

HB4376- 345 -LRB102 21797 RLC 30917 b

1        (1) When a defendant is convicted of any felony, after
2    having been previously convicted in Illinois or any other
3    jurisdiction of the same or similar class felony or
4    greater class felony, when such conviction has occurred
5    within 10 years after the previous conviction, excluding
6    time spent in custody, and such charges are separately
7    brought and tried and arise out of different series of
8    acts; or
9        (2) When a defendant is convicted of any felony and
10    the court finds that the offense was accompanied by
11    exceptionally brutal or heinous behavior indicative of
12    wanton cruelty; or
13        (3) When a defendant is convicted of any felony
14    committed against:
15            (i) a person under 12 years of age at the time of
16        the offense or such person's property;
17            (ii) a person 60 years of age or older at the time
18        of the offense or such person's property; or
19            (iii) a person who had a physical disability at
20        the time of the offense or such person's property; or
21        (4) When a defendant is convicted of any felony and
22    the offense involved any of the following types of
23    specific misconduct committed as part of a ceremony, rite,
24    initiation, observance, performance, practice or activity
25    of any actual or ostensible religious, fraternal, or
26    social group:

 

 

HB4376- 346 -LRB102 21797 RLC 30917 b

1            (i) the brutalizing or torturing of humans or
2        animals;
3            (ii) the theft of human corpses;
4            (iii) the kidnapping of humans;
5            (iv) the desecration of any cemetery, religious,
6        fraternal, business, governmental, educational, or
7        other building or property; or
8            (v) ritualized abuse of a child; or
9        (5) When a defendant is convicted of a felony other
10    than conspiracy and the court finds that the felony was
11    committed under an agreement with 2 or more other persons
12    to commit that offense and the defendant, with respect to
13    the other individuals, occupied a position of organizer,
14    supervisor, financier, or any other position of management
15    or leadership, and the court further finds that the felony
16    committed was related to or in furtherance of the criminal
17    activities of an organized gang or was motivated by the
18    defendant's leadership in an organized gang; or
19        (6) When a defendant is convicted of an offense
20    committed while using a firearm with a laser sight
21    attached to it. For purposes of this paragraph, "laser
22    sight" has the meaning ascribed to it in Section 26-7 of
23    the Criminal Code of 2012; or
24        (7) When a defendant who was at least 17 years of age
25    at the time of the commission of the offense is convicted
26    of a felony and has been previously adjudicated a

 

 

HB4376- 347 -LRB102 21797 RLC 30917 b

1    delinquent minor under the Juvenile Court Act of 1987 for
2    an act that if committed by an adult would be a Class X or
3    Class 1 felony when the conviction has occurred within 10
4    years after the previous adjudication, excluding time
5    spent in custody; or
6        (8) When a defendant commits any felony and the
7    defendant used, possessed, exercised control over, or
8    otherwise directed an animal to assault a law enforcement
9    officer engaged in the execution of his or her official
10    duties or in furtherance of the criminal activities of an
11    organized gang in which the defendant is engaged; or
12        (9) When a defendant commits any felony and the
13    defendant knowingly video or audio records the offense
14    with the intent to disseminate the recording.
15    (c) The following factors may be considered by the court
16as reasons to impose an extended term sentence under Section
175-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
18offenses:
19        (1) When a defendant is convicted of first degree
20    murder, after having been previously convicted in Illinois
21    of any offense listed under paragraph (c)(2) of Section
22    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
23    occurred within 10 years after the previous conviction,
24    excluding time spent in custody, and the charges are
25    separately brought and tried and arise out of different
26    series of acts.

 

 

HB4376- 348 -LRB102 21797 RLC 30917 b

1        (1.5) When a defendant is convicted of first degree
2    murder, after having been previously convicted of domestic
3    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
4    (720 ILCS 5/12-3.3) committed on the same victim or after
5    having been previously convicted of violation of an order
6    of protection (720 ILCS 5/12-30) in which the same victim
7    was the protected person.
8        (2) When a defendant is convicted of voluntary
9    manslaughter, second degree murder, involuntary
10    manslaughter, or reckless homicide in which the defendant
11    has been convicted of causing the death of more than one
12    individual.
13        (3) When a defendant is convicted of aggravated
14    criminal sexual assault or criminal sexual assault, when
15    there is a finding that aggravated criminal sexual assault
16    or criminal sexual assault was also committed on the same
17    victim by one or more other individuals, and the defendant
18    voluntarily participated in the crime with the knowledge
19    of the participation of the others in the crime, and the
20    commission of the crime was part of a single course of
21    conduct during which there was no substantial change in
22    the nature of the criminal objective.
23        (4) If the victim was under 18 years of age at the time
24    of the commission of the offense, when a defendant is
25    convicted of aggravated criminal sexual assault or
26    predatory criminal sexual assault of a child under

 

 

HB4376- 349 -LRB102 21797 RLC 30917 b

1    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
2    of Section 12-14.1 of the Criminal Code of 1961 or the
3    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
4        (5) When a defendant is convicted of a felony
5    violation of Section 24-1 of the Criminal Code of 1961 or
6    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
7    finding that the defendant is a member of an organized
8    gang.
9        (6) When a defendant was convicted of unlawful use of
10    weapons under Section 24-1 of the Criminal Code of 1961 or
11    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
12    a weapon that is not readily distinguishable as one of the
13    weapons enumerated in Section 24-1 of the Criminal Code of
14    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
15        (7) When a defendant is convicted of an offense
16    involving the illegal manufacture of a controlled
17    substance under Section 401 of the Illinois Controlled
18    Substances Act (720 ILCS 570/401), the illegal manufacture
19    of methamphetamine under Section 25 of the Methamphetamine
20    Control and Community Protection Act (720 ILCS 646/25), or
21    the illegal possession of explosives and an emergency
22    response officer in the performance of his or her duties
23    is killed or injured at the scene of the offense while
24    responding to the emergency caused by the commission of
25    the offense. In this paragraph, "emergency" means a
26    situation in which a person's life, health, or safety is

 

 

HB4376- 350 -LRB102 21797 RLC 30917 b

1    in jeopardy; and "emergency response officer" means a
2    peace officer, community policing volunteer, fireman,
3    emergency medical technician-ambulance, emergency medical
4    technician-intermediate, emergency medical
5    technician-paramedic, ambulance driver, other medical
6    assistance or first aid personnel, or hospital emergency
7    room personnel.
8        (8) When the defendant is convicted of attempted mob
9    action, solicitation to commit mob action, or conspiracy
10    to commit mob action under Section 8-1, 8-2, or 8-4 of the
11    Criminal Code of 2012, where the criminal object is a
12    violation of Section 25-1 of the Criminal Code of 2012,
13    and an electronic communication is used in the commission
14    of the offense. For the purposes of this paragraph (8),
15    "electronic communication" shall have the meaning provided
16    in Section 26.5-0.1 of the Criminal Code of 2012.
17    (d) For the purposes of this Section, "organized gang" has
18the meaning ascribed to it in Section 10 of the Illinois
19Streetgang Terrorism Omnibus Prevention Act.
20    (e) The court may impose an extended term sentence under
21Article 4.5 of Chapter V upon an offender who has been
22convicted of a felony violation of Section 11-1.20, 11-1.30,
2311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
25when the victim of the offense is under 18 years of age at the
26time of the commission of the offense and, during the

 

 

HB4376- 351 -LRB102 21797 RLC 30917 b

1commission of the offense, the victim was under the influence
2of alcohol, regardless of whether or not the alcohol was
3supplied by the offender; and the offender, at the time of the
4commission of the offense, knew or should have known that the
5victim had consumed alcohol.
6(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
7101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 5-5-3.2. Factors in aggravation and extended-term
10sentencing.
11    (a) The following factors shall be accorded weight in
12favor of imposing a term of imprisonment or may be considered
13by the court as reasons to impose a more severe sentence under
14Section 5-8-1 or Article 4.5 of Chapter V:
15        (1) the defendant's conduct caused or threatened
16    serious harm;
17        (2) the defendant received compensation for committing
18    the offense;
19        (3) the defendant has a history of prior delinquency
20    or criminal activity;
21        (4) the defendant, by the duties of his office or by
22    his position, was obliged to prevent the particular
23    offense committed or to bring the offenders committing it
24    to justice;
25        (5) the defendant held public office at the time of

 

 

HB4376- 352 -LRB102 21797 RLC 30917 b

1    the offense, and the offense related to the conduct of
2    that office;
3        (6) the defendant utilized his professional reputation
4    or position in the community to commit the offense, or to
5    afford him an easier means of committing it;
6        (7) the sentence is necessary to deter others from
7    committing the same crime;
8        (8) the defendant committed the offense against a
9    person 60 years of age or older or such person's property;
10        (9) the defendant committed the offense against a
11    person who has a physical disability or such person's
12    property;
13        (10) by reason of another individual's actual or
14    perceived race, color, creed, religion, ancestry, gender,
15    sexual orientation, physical or mental disability, or
16    national origin, the defendant committed the offense
17    against (i) the person or property of that individual;
18    (ii) the person or property of a person who has an
19    association with, is married to, or has a friendship with
20    the other individual; or (iii) the person or property of a
21    relative (by blood or marriage) of a person described in
22    clause (i) or (ii). For the purposes of this Section,
23    "sexual orientation" has the meaning ascribed to it in
24    paragraph (O-1) of Section 1-103 of the Illinois Human
25    Rights Act;
26        (11) the offense took place in a place of worship or on

 

 

HB4376- 353 -LRB102 21797 RLC 30917 b

1    the grounds of a place of worship, immediately prior to,
2    during or immediately following worship services. For
3    purposes of this subparagraph, "place of worship" shall
4    mean any church, synagogue or other building, structure or
5    place used primarily for religious worship;
6        (12) the defendant was convicted of a felony committed
7    while he was on pretrial release or his own recognizance
8    pending trial for a prior felony and was convicted of such
9    prior felony, or the defendant was convicted of a felony
10    committed while he was serving a period of probation,
11    conditional discharge, or mandatory supervised release
12    under subsection (d) of Section 5-8-1 for a prior felony;
13        (13) the defendant committed or attempted to commit a
14    felony while he was wearing a bulletproof vest. For the
15    purposes of this paragraph (13), a bulletproof vest is any
16    device which is designed for the purpose of protecting the
17    wearer from bullets, shot or other lethal projectiles;
18        (14) the defendant held a position of trust or
19    supervision such as, but not limited to, family member as
20    defined in Section 11-0.1 of the Criminal Code of 2012,
21    teacher, scout leader, baby sitter, or day care worker, in
22    relation to a victim under 18 years of age, and the
23    defendant committed an offense in violation of Section
24    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
25    11-14.4 except for an offense that involves keeping a
26    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

 

 

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1    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
2    or 12-16 of the Criminal Code of 1961 or the Criminal Code
3    of 2012 against that victim;
4        (15) the defendant committed an offense related to the
5    activities of an organized gang. For the purposes of this
6    factor, "organized gang" has the meaning ascribed to it in
7    Section 10 of the Streetgang Terrorism Omnibus Prevention
8    Act;
9        (16) the defendant committed an offense in violation
10    of one of the following Sections while in a school,
11    regardless of the time of day or time of year; on any
12    conveyance owned, leased, or contracted by a school to
13    transport students to or from school or a school related
14    activity; on the real property of a school; or on a public
15    way within 1,000 feet of the real property comprising any
16    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
17    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
18    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
19    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
20    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
21    for subdivision (a)(4) or (g)(1), of the Criminal Code of
22    1961 or the Criminal Code of 2012;
23        (16.5) the defendant committed an offense in violation
24    of one of the following Sections while in a day care
25    center, regardless of the time of day or time of year; on
26    the real property of a day care center, regardless of the

 

 

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1    time of day or time of year; or on a public way within
2    1,000 feet of the real property comprising any day care
3    center, regardless of the time of day or time of year:
4    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8    18-2, or 33A-2, or Section 12-3.05 except for subdivision
9    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
10    Criminal Code of 2012;
11        (17) the defendant committed the offense by reason of
12    any person's activity as a community policing volunteer or
13    to prevent any person from engaging in activity as a
14    community policing volunteer. For the purpose of this
15    Section, "community policing volunteer" has the meaning
16    ascribed to it in Section 2-3.5 of the Criminal Code of
17    2012;
18        (18) the defendant committed the offense in a nursing
19    home or on the real property comprising a nursing home.
20    For the purposes of this paragraph (18), "nursing home"
21    means a skilled nursing or intermediate long term care
22    facility that is subject to license by the Illinois
23    Department of Public Health under the Nursing Home Care
24    Act, the Specialized Mental Health Rehabilitation Act of
25    2013, the ID/DD Community Care Act, or the MC/DD Act;
26        (19) the defendant was a federally licensed firearm

 

 

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1    dealer and was previously convicted of a violation of
2    subsection (a) of Section 3 of the Firearm Owners
3    Identification Card Act before its repeal by this
4    amendatory Act of the 102nd General Assembly and has now
5    committed either a felony violation of the Firearm Owners
6    Identification Card Act or an act of armed violence while
7    armed with a firearm;
8        (20) the defendant (i) committed the offense of
9    reckless homicide under Section 9-3 of the Criminal Code
10    of 1961 or the Criminal Code of 2012 or the offense of
11    driving under the influence of alcohol, other drug or
12    drugs, intoxicating compound or compounds or any
13    combination thereof under Section 11-501 of the Illinois
14    Vehicle Code or a similar provision of a local ordinance
15    and (ii) was operating a motor vehicle in excess of 20
16    miles per hour over the posted speed limit as provided in
17    Article VI of Chapter 11 of the Illinois Vehicle Code;
18        (21) the defendant (i) committed the offense of
19    reckless driving or aggravated reckless driving under
20    Section 11-503 of the Illinois Vehicle Code and (ii) was
21    operating a motor vehicle in excess of 20 miles per hour
22    over the posted speed limit as provided in Article VI of
23    Chapter 11 of the Illinois Vehicle Code;
24        (22) the defendant committed the offense against a
25    person that the defendant knew, or reasonably should have
26    known, was a member of the Armed Forces of the United

 

 

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1    States serving on active duty. For purposes of this clause
2    (22), the term "Armed Forces" means any of the Armed
3    Forces of the United States, including a member of any
4    reserve component thereof or National Guard unit called to
5    active duty;
6        (23) the defendant committed the offense against a
7    person who was elderly or infirm or who was a person with a
8    disability by taking advantage of a family or fiduciary
9    relationship with the elderly or infirm person or person
10    with a disability;
11        (24) the defendant committed any offense under Section
12    11-20.1 of the Criminal Code of 1961 or the Criminal Code
13    of 2012 and possessed 100 or more images;
14        (25) the defendant committed the offense while the
15    defendant or the victim was in a train, bus, or other
16    vehicle used for public transportation;
17        (26) the defendant committed the offense of child
18    pornography or aggravated child pornography, specifically
19    including paragraph (1), (2), (3), (4), (5), or (7) of
20    subsection (a) of Section 11-20.1 of the Criminal Code of
21    1961 or the Criminal Code of 2012 where a child engaged in,
22    solicited for, depicted in, or posed in any act of sexual
23    penetration or bound, fettered, or subject to sadistic,
24    masochistic, or sadomasochistic abuse in a sexual context
25    and specifically including paragraph (1), (2), (3), (4),
26    (5), or (7) of subsection (a) of Section 11-20.1B or

 

 

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1    Section 11-20.3 of the Criminal Code of 1961 where a child
2    engaged in, solicited for, depicted in, or posed in any
3    act of sexual penetration or bound, fettered, or subject
4    to sadistic, masochistic, or sadomasochistic abuse in a
5    sexual context;
6        (27) the defendant committed the offense of first
7    degree murder, assault, aggravated assault, battery,
8    aggravated battery, robbery, armed robbery, or aggravated
9    robbery against a person who was a veteran and the
10    defendant knew, or reasonably should have known, that the
11    person was a veteran performing duties as a representative
12    of a veterans' organization. For the purposes of this
13    paragraph (27), "veteran" means an Illinois resident who
14    has served as a member of the United States Armed Forces, a
15    member of the Illinois National Guard, or a member of the
16    United States Reserve Forces; and "veterans' organization"
17    means an organization comprised of members of which
18    substantially all are individuals who are veterans or
19    spouses, widows, or widowers of veterans, the primary
20    purpose of which is to promote the welfare of its members
21    and to provide assistance to the general public in such a
22    way as to confer a public benefit;
23        (28) the defendant committed the offense of assault,
24    aggravated assault, battery, aggravated battery, robbery,
25    armed robbery, or aggravated robbery against a person that
26    the defendant knew or reasonably should have known was a

 

 

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1    letter carrier or postal worker while that person was
2    performing his or her duties delivering mail for the
3    United States Postal Service;
4        (29) the defendant committed the offense of criminal
5    sexual assault, aggravated criminal sexual assault,
6    criminal sexual abuse, or aggravated criminal sexual abuse
7    against a victim with an intellectual disability, and the
8    defendant holds a position of trust, authority, or
9    supervision in relation to the victim;
10        (30) the defendant committed the offense of promoting
11    juvenile prostitution, patronizing a prostitute, or
12    patronizing a minor engaged in prostitution and at the
13    time of the commission of the offense knew that the
14    prostitute or minor engaged in prostitution was in the
15    custody or guardianship of the Department of Children and
16    Family Services;
17        (31) the defendant (i) committed the offense of
18    driving while under the influence of alcohol, other drug
19    or drugs, intoxicating compound or compounds or any
20    combination thereof in violation of Section 11-501 of the
21    Illinois Vehicle Code or a similar provision of a local
22    ordinance and (ii) the defendant during the commission of
23    the offense was driving his or her vehicle upon a roadway
24    designated for one-way traffic in the opposite direction
25    of the direction indicated by official traffic control
26    devices;

 

 

HB4376- 360 -LRB102 21797 RLC 30917 b

1        (32) the defendant committed the offense of reckless
2    homicide while committing a violation of Section 11-907 of
3    the Illinois Vehicle Code;
4        (33) the defendant was found guilty of an
5    administrative infraction related to an act or acts of
6    public indecency or sexual misconduct in the penal
7    institution. In this paragraph (33), "penal institution"
8    has the same meaning as in Section 2-14 of the Criminal
9    Code of 2012; or
10        (34) the defendant committed the offense of leaving
11    the scene of an accident in violation of subsection (b) of
12    Section 11-401 of the Illinois Vehicle Code and the
13    accident resulted in the death of a person and at the time
14    of the offense, the defendant was: (i) driving under the
15    influence of alcohol, other drug or drugs, intoxicating
16    compound or compounds or any combination thereof as
17    defined by Section 11-501 of the Illinois Vehicle Code; or
18    (ii) operating the motor vehicle while using an electronic
19    communication device as defined in Section 12-610.2 of the
20    Illinois Vehicle Code.
21    For the purposes of this Section:
22    "School" is defined as a public or private elementary or
23secondary school, community college, college, or university.
24    "Day care center" means a public or private State
25certified and licensed day care center as defined in Section
262.09 of the Child Care Act of 1969 that displays a sign in

 

 

HB4376- 361 -LRB102 21797 RLC 30917 b

1plain view stating that the property is a day care center.
2    "Intellectual disability" means significantly subaverage
3intellectual functioning which exists concurrently with
4impairment in adaptive behavior.
5    "Public transportation" means the transportation or
6conveyance of persons by means available to the general
7public, and includes paratransit services.
8    "Traffic control devices" means all signs, signals,
9markings, and devices that conform to the Illinois Manual on
10Uniform Traffic Control Devices, placed or erected by
11authority of a public body or official having jurisdiction,
12for the purpose of regulating, warning, or guiding traffic.
13    (b) The following factors, related to all felonies, may be
14considered by the court as reasons to impose an extended term
15sentence under Section 5-8-2 upon any offender:
16        (1) When a defendant is convicted of any felony, after
17    having been previously convicted in Illinois or any other
18    jurisdiction of the same or similar class felony or
19    greater class felony, when such conviction has occurred
20    within 10 years after the previous conviction, excluding
21    time spent in custody, and such charges are separately
22    brought and tried and arise out of different series of
23    acts; or
24        (2) When a defendant is convicted of any felony and
25    the court finds that the offense was accompanied by
26    exceptionally brutal or heinous behavior indicative of

 

 

HB4376- 362 -LRB102 21797 RLC 30917 b

1    wanton cruelty; or
2        (3) When a defendant is convicted of any felony
3    committed against:
4            (i) a person under 12 years of age at the time of
5        the offense or such person's property;
6            (ii) a person 60 years of age or older at the time
7        of the offense or such person's property; or
8            (iii) a person who had a physical disability at
9        the time of the offense or such person's property; or
10        (4) When a defendant is convicted of any felony and
11    the offense involved any of the following types of
12    specific misconduct committed as part of a ceremony, rite,
13    initiation, observance, performance, practice or activity
14    of any actual or ostensible religious, fraternal, or
15    social group:
16            (i) the brutalizing or torturing of humans or
17        animals;
18            (ii) the theft of human corpses;
19            (iii) the kidnapping of humans;
20            (iv) the desecration of any cemetery, religious,
21        fraternal, business, governmental, educational, or
22        other building or property; or
23            (v) ritualized abuse of a child; or
24        (5) When a defendant is convicted of a felony other
25    than conspiracy and the court finds that the felony was
26    committed under an agreement with 2 or more other persons

 

 

HB4376- 363 -LRB102 21797 RLC 30917 b

1    to commit that offense and the defendant, with respect to
2    the other individuals, occupied a position of organizer,
3    supervisor, financier, or any other position of management
4    or leadership, and the court further finds that the felony
5    committed was related to or in furtherance of the criminal
6    activities of an organized gang or was motivated by the
7    defendant's leadership in an organized gang; or
8        (6) When a defendant is convicted of an offense
9    committed while using a firearm with a laser sight
10    attached to it. For purposes of this paragraph, "laser
11    sight" has the meaning ascribed to it in Section 26-7 of
12    the Criminal Code of 2012; or
13        (7) When a defendant who was at least 17 years of age
14    at the time of the commission of the offense is convicted
15    of a felony and has been previously adjudicated a
16    delinquent minor under the Juvenile Court Act of 1987 for
17    an act that if committed by an adult would be a Class X or
18    Class 1 felony when the conviction has occurred within 10
19    years after the previous adjudication, excluding time
20    spent in custody; or
21        (8) When a defendant commits any felony and the
22    defendant used, possessed, exercised control over, or
23    otherwise directed an animal to assault a law enforcement
24    officer engaged in the execution of his or her official
25    duties or in furtherance of the criminal activities of an
26    organized gang in which the defendant is engaged; or

 

 

HB4376- 364 -LRB102 21797 RLC 30917 b

1        (9) When a defendant commits any felony and the
2    defendant knowingly video or audio records the offense
3    with the intent to disseminate the recording.
4    (c) The following factors may be considered by the court
5as reasons to impose an extended term sentence under Section
65-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
7offenses:
8        (1) When a defendant is convicted of first degree
9    murder, after having been previously convicted in Illinois
10    of any offense listed under paragraph (c)(2) of Section
11    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
12    occurred within 10 years after the previous conviction,
13    excluding time spent in custody, and the charges are
14    separately brought and tried and arise out of different
15    series of acts.
16        (1.5) When a defendant is convicted of first degree
17    murder, after having been previously convicted of domestic
18    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
19    (720 ILCS 5/12-3.3) committed on the same victim or after
20    having been previously convicted of violation of an order
21    of protection (720 ILCS 5/12-30) in which the same victim
22    was the protected person.
23        (2) When a defendant is convicted of voluntary
24    manslaughter, second degree murder, involuntary
25    manslaughter, or reckless homicide in which the defendant
26    has been convicted of causing the death of more than one

 

 

HB4376- 365 -LRB102 21797 RLC 30917 b

1    individual.
2        (3) When a defendant is convicted of aggravated
3    criminal sexual assault or criminal sexual assault, when
4    there is a finding that aggravated criminal sexual assault
5    or criminal sexual assault was also committed on the same
6    victim by one or more other individuals, and the defendant
7    voluntarily participated in the crime with the knowledge
8    of the participation of the others in the crime, and the
9    commission of the crime was part of a single course of
10    conduct during which there was no substantial change in
11    the nature of the criminal objective.
12        (4) If the victim was under 18 years of age at the time
13    of the commission of the offense, when a defendant is
14    convicted of aggravated criminal sexual assault or
15    predatory criminal sexual assault of a child under
16    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
17    of Section 12-14.1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
19        (5) When a defendant is convicted of a felony
20    violation of Section 24-1 of the Criminal Code of 1961 or
21    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
22    finding that the defendant is a member of an organized
23    gang.
24        (6) When a defendant was convicted of unlawful use of
25    weapons under Section 24-1 of the Criminal Code of 1961 or
26    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

 

 

HB4376- 366 -LRB102 21797 RLC 30917 b

1    a weapon that is not readily distinguishable as one of the
2    weapons enumerated in Section 24-1 of the Criminal Code of
3    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
4        (7) When a defendant is convicted of an offense
5    involving the illegal manufacture of a controlled
6    substance under Section 401 of the Illinois Controlled
7    Substances Act (720 ILCS 570/401), the illegal manufacture
8    of methamphetamine under Section 25 of the Methamphetamine
9    Control and Community Protection Act (720 ILCS 646/25), or
10    the illegal possession of explosives and an emergency
11    response officer in the performance of his or her duties
12    is killed or injured at the scene of the offense while
13    responding to the emergency caused by the commission of
14    the offense. In this paragraph, "emergency" means a
15    situation in which a person's life, health, or safety is
16    in jeopardy; and "emergency response officer" means a
17    peace officer, community policing volunteer, fireman,
18    emergency medical technician-ambulance, emergency medical
19    technician-intermediate, emergency medical
20    technician-paramedic, ambulance driver, other medical
21    assistance or first aid personnel, or hospital emergency
22    room personnel.
23        (8) When the defendant is convicted of attempted mob
24    action, solicitation to commit mob action, or conspiracy
25    to commit mob action under Section 8-1, 8-2, or 8-4 of the
26    Criminal Code of 2012, where the criminal object is a

 

 

HB4376- 367 -LRB102 21797 RLC 30917 b

1    violation of Section 25-1 of the Criminal Code of 2012,
2    and an electronic communication is used in the commission
3    of the offense. For the purposes of this paragraph (8),
4    "electronic communication" shall have the meaning provided
5    in Section 26.5-0.1 of the Criminal Code of 2012.
6    (d) For the purposes of this Section, "organized gang" has
7the meaning ascribed to it in Section 10 of the Illinois
8Streetgang Terrorism Omnibus Prevention Act.
9    (e) The court may impose an extended term sentence under
10Article 4.5 of Chapter V upon an offender who has been
11convicted of a felony violation of Section 11-1.20, 11-1.30,
1211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
14when the victim of the offense is under 18 years of age at the
15time of the commission of the offense and, during the
16commission of the offense, the victim was under the influence
17of alcohol, regardless of whether or not the alcohol was
18supplied by the offender; and the offender, at the time of the
19commission of the offense, knew or should have known that the
20victim had consumed alcohol.
21(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
22101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
231-1-23; 102-558, eff. 8-20-21.)
 
24    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
25    Sec. 5-6-3. Conditions of probation and of conditional

 

 

HB4376- 368 -LRB102 21797 RLC 30917 b

1discharge.
2    (a) The conditions of probation and of conditional
3discharge shall be that the person:
4        (1) not violate any criminal statute of any
5    jurisdiction;
6        (2) report to or appear in person before such person
7    or agency as directed by the court;
8        (3) refrain from possessing a firearm or other
9    dangerous weapon where the offense is a felony or, if a
10    misdemeanor, the offense involved the intentional or
11    knowing infliction of bodily harm or threat of bodily
12    harm;
13        (4) not leave the State without the consent of the
14    court or, in circumstances in which the reason for the
15    absence is of such an emergency nature that prior consent
16    by the court is not possible, without the prior
17    notification and approval of the person's probation
18    officer. Transfer of a person's probation or conditional
19    discharge supervision to another state is subject to
20    acceptance by the other state pursuant to the Interstate
21    Compact for Adult Offender Supervision;
22        (5) permit the probation officer to visit him at his
23    home or elsewhere to the extent necessary to discharge his
24    duties;
25        (6) perform no less than 30 hours of community service
26    and not more than 120 hours of community service, if

 

 

HB4376- 369 -LRB102 21797 RLC 30917 b

1    community service is available in the jurisdiction and is
2    funded and approved by the county board where the offense
3    was committed, where the offense was related to or in
4    furtherance of the criminal activities of an organized
5    gang and was motivated by the offender's membership in or
6    allegiance to an organized gang. The community service
7    shall include, but not be limited to, the cleanup and
8    repair of any damage caused by a violation of Section
9    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
10    2012 and similar damage to property located within the
11    municipality or county in which the violation occurred.
12    When possible and reasonable, the community service should
13    be performed in the offender's neighborhood. For purposes
14    of this Section, "organized gang" has the meaning ascribed
15    to it in Section 10 of the Illinois Streetgang Terrorism
16    Omnibus Prevention Act. The court may give credit toward
17    the fulfillment of community service hours for
18    participation in activities and treatment as determined by
19    court services;
20        (7) if he or she is at least 17 years of age and has
21    been sentenced to probation or conditional discharge for a
22    misdemeanor or felony in a county of 3,000,000 or more
23    inhabitants and has not been previously convicted of a
24    misdemeanor or felony, may be required by the sentencing
25    court to attend educational courses designed to prepare
26    the defendant for a high school diploma and to work toward

 

 

HB4376- 370 -LRB102 21797 RLC 30917 b

1    a high school diploma or to work toward passing high
2    school equivalency testing or to work toward completing a
3    vocational training program approved by the court. The
4    person on probation or conditional discharge must attend a
5    public institution of education to obtain the educational
6    or vocational training required by this paragraph (7). The
7    court shall revoke the probation or conditional discharge
8    of a person who willfully fails to comply with this
9    paragraph (7). The person on probation or conditional
10    discharge shall be required to pay for the cost of the
11    educational courses or high school equivalency testing if
12    a fee is charged for those courses or testing. The court
13    shall resentence the offender whose probation or
14    conditional discharge has been revoked as provided in
15    Section 5-6-4. This paragraph (7) does not apply to a
16    person who has a high school diploma or has successfully
17    passed high school equivalency testing. This paragraph (7)
18    does not apply to a person who is determined by the court
19    to be a person with a developmental disability or
20    otherwise mentally incapable of completing the educational
21    or vocational program;
22        (8) if convicted of possession of a substance
23    prohibited by the Cannabis Control Act, the Illinois
24    Controlled Substances Act, or the Methamphetamine Control
25    and Community Protection Act after a previous conviction
26    or disposition of supervision for possession of a

 

 

HB4376- 371 -LRB102 21797 RLC 30917 b

1    substance prohibited by the Cannabis Control Act or
2    Illinois Controlled Substances Act or after a sentence of
3    probation under Section 10 of the Cannabis Control Act,
4    Section 410 of the Illinois Controlled Substances Act, or
5    Section 70 of the Methamphetamine Control and Community
6    Protection Act and upon a finding by the court that the
7    person is addicted, undergo treatment at a substance abuse
8    program approved by the court;
9        (8.5) if convicted of a felony sex offense as defined
10    in the Sex Offender Management Board Act, the person shall
11    undergo and successfully complete sex offender treatment
12    by a treatment provider approved by the Board and
13    conducted in conformance with the standards developed
14    under the Sex Offender Management Board Act;
15        (8.6) if convicted of a sex offense as defined in the
16    Sex Offender Management Board Act, refrain from residing
17    at the same address or in the same condominium unit or
18    apartment unit or in the same condominium complex or
19    apartment complex with another person he or she knows or
20    reasonably should know is a convicted sex offender or has
21    been placed on supervision for a sex offense; the
22    provisions of this paragraph do not apply to a person
23    convicted of a sex offense who is placed in a Department of
24    Corrections licensed transitional housing facility for sex
25    offenders;
26        (8.7) if convicted for an offense committed on or

 

 

HB4376- 372 -LRB102 21797 RLC 30917 b

1    after June 1, 2008 (the effective date of Public Act
2    95-464) that would qualify the accused as a child sex
3    offender as defined in Section 11-9.3 or 11-9.4 of the
4    Criminal Code of 1961 or the Criminal Code of 2012,
5    refrain from communicating with or contacting, by means of
6    the Internet, a person who is not related to the accused
7    and whom the accused reasonably believes to be under 18
8    years of age; for purposes of this paragraph (8.7),
9    "Internet" has the meaning ascribed to it in Section
10    16-0.1 of the Criminal Code of 2012; and a person is not
11    related to the accused if the person is not: (i) the
12    spouse, brother, or sister of the accused; (ii) a
13    descendant of the accused; (iii) a first or second cousin
14    of the accused; or (iv) a step-child or adopted child of
15    the accused;
16        (8.8) if convicted for an offense under Section 11-6,
17    11-9.1, 11-14.4 that involves soliciting for a juvenile
18    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    or any attempt to commit any of these offenses, committed
21    on or after June 1, 2009 (the effective date of Public Act
22    95-983):
23            (i) not access or use a computer or any other
24        device with Internet capability without the prior
25        written approval of the offender's probation officer,
26        except in connection with the offender's employment or

 

 

HB4376- 373 -LRB102 21797 RLC 30917 b

1        search for employment with the prior approval of the
2        offender's probation officer;
3            (ii) submit to periodic unannounced examinations
4        of the offender's computer or any other device with
5        Internet capability by the offender's probation
6        officer, a law enforcement officer, or assigned
7        computer or information technology specialist,
8        including the retrieval and copying of all data from
9        the computer or device and any internal or external
10        peripherals and removal of such information,
11        equipment, or device to conduct a more thorough
12        inspection;
13            (iii) submit to the installation on the offender's
14        computer or device with Internet capability, at the
15        offender's expense, of one or more hardware or
16        software systems to monitor the Internet use; and
17            (iv) submit to any other appropriate restrictions
18        concerning the offender's use of or access to a
19        computer or any other device with Internet capability
20        imposed by the offender's probation officer;
21        (8.9) if convicted of a sex offense as defined in the
22    Sex Offender Registration Act committed on or after
23    January 1, 2010 (the effective date of Public Act 96-262),
24    refrain from accessing or using a social networking
25    website as defined in Section 17-0.5 of the Criminal Code
26    of 2012;

 

 

HB4376- 374 -LRB102 21797 RLC 30917 b

1        (9) if convicted of a felony or of any misdemeanor
2    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
3    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
4    2012 that was determined, pursuant to Section 112A-11.1 of
5    the Code of Criminal Procedure of 1963, to trigger the
6    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
7    at a time and place designated by the court, his or her
8    Firearm Owner's Identification Card and any and all
9    firearms in his or her possession. The Court shall return
10    to the Illinois State Police Firearm Owner's
11    Identification Card Office the person's Firearm Owner's
12    Identification Card;
13        (10) if convicted of a sex offense as defined in
14    subsection (a-5) of Section 3-1-2 of this Code, unless the
15    offender is a parent or guardian of the person under 18
16    years of age present in the home and no non-familial
17    minors are present, not participate in a holiday event
18    involving children under 18 years of age, such as
19    distributing candy or other items to children on
20    Halloween, wearing a Santa Claus costume on or preceding
21    Christmas, being employed as a department store Santa
22    Claus, or wearing an Easter Bunny costume on or preceding
23    Easter;
24        (11) if convicted of a sex offense as defined in
25    Section 2 of the Sex Offender Registration Act committed
26    on or after January 1, 2010 (the effective date of Public

 

 

HB4376- 375 -LRB102 21797 RLC 30917 b

1    Act 96-362) that requires the person to register as a sex
2    offender under that Act, may not knowingly use any
3    computer scrub software on any computer that the sex
4    offender uses;
5        (12) if convicted of a violation of the
6    Methamphetamine Control and Community Protection Act, the
7    Methamphetamine Precursor Control Act, or a
8    methamphetamine related offense:
9            (A) prohibited from purchasing, possessing, or
10        having under his or her control any product containing
11        pseudoephedrine unless prescribed by a physician; and
12            (B) prohibited from purchasing, possessing, or
13        having under his or her control any product containing
14        ammonium nitrate; and
15        (13) if convicted of a hate crime involving the
16    protected class identified in subsection (a) of Section
17    12-7.1 of the Criminal Code of 2012 that gave rise to the
18    offense the offender committed, perform public or
19    community service of no less than 200 hours and enroll in
20    an educational program discouraging hate crimes that
21    includes racial, ethnic, and cultural sensitivity training
22    ordered by the court.
23    (b) The Court may in addition to other reasonable
24conditions relating to the nature of the offense or the
25rehabilitation of the defendant as determined for each
26defendant in the proper discretion of the Court require that

 

 

HB4376- 376 -LRB102 21797 RLC 30917 b

1the person:
2        (1) serve a term of periodic imprisonment under
3    Article 7 for a period not to exceed that specified in
4    paragraph (d) of Section 5-7-1;
5        (2) pay a fine and costs;
6        (3) work or pursue a course of study or vocational
7    training;
8        (4) undergo medical, psychological or psychiatric
9    treatment; or treatment for drug addiction or alcoholism;
10        (5) attend or reside in a facility established for the
11    instruction or residence of defendants on probation;
12        (6) support his dependents;
13        (7) and in addition, if a minor:
14            (i) reside with his parents or in a foster home;
15            (ii) attend school;
16            (iii) attend a non-residential program for youth;
17            (iv) contribute to his own support at home or in a
18        foster home;
19            (v) with the consent of the superintendent of the
20        facility, attend an educational program at a facility
21        other than the school in which the offense was
22        committed if he or she is convicted of a crime of
23        violence as defined in Section 2 of the Crime Victims
24        Compensation Act committed in a school, on the real
25        property comprising a school, or within 1,000 feet of
26        the real property comprising a school;

 

 

HB4376- 377 -LRB102 21797 RLC 30917 b

1        (8) make restitution as provided in Section 5-5-6 of
2    this Code;
3        (9) perform some reasonable public or community
4    service;
5        (10) serve a term of home confinement. In addition to
6    any other applicable condition of probation or conditional
7    discharge, the conditions of home confinement shall be
8    that the offender:
9            (i) remain within the interior premises of the
10        place designated for his confinement during the hours
11        designated by the court;
12            (ii) admit any person or agent designated by the
13        court into the offender's place of confinement at any
14        time for purposes of verifying the offender's
15        compliance with the conditions of his confinement; and
16            (iii) if further deemed necessary by the court or
17        the Probation or Court Services Department, be placed
18        on an approved electronic monitoring device, subject
19        to Article 8A of Chapter V;
20            (iv) for persons convicted of any alcohol,
21        cannabis or controlled substance violation who are
22        placed on an approved monitoring device as a condition
23        of probation or conditional discharge, the court shall
24        impose a reasonable fee for each day of the use of the
25        device, as established by the county board in
26        subsection (g) of this Section, unless after

 

 

HB4376- 378 -LRB102 21797 RLC 30917 b

1        determining the inability of the offender to pay the
2        fee, the court assesses a lesser fee or no fee as the
3        case may be. This fee shall be imposed in addition to
4        the fees imposed under subsections (g) and (i) of this
5        Section. The fee shall be collected by the clerk of the
6        circuit court, except as provided in an administrative
7        order of the Chief Judge of the circuit court. The
8        clerk of the circuit court shall pay all monies
9        collected from this fee to the county treasurer for
10        deposit in the substance abuse services fund under
11        Section 5-1086.1 of the Counties Code, except as
12        provided in an administrative order of the Chief Judge
13        of the circuit court.
14            The Chief Judge of the circuit court of the county
15        may by administrative order establish a program for
16        electronic monitoring of offenders, in which a vendor
17        supplies and monitors the operation of the electronic
18        monitoring device, and collects the fees on behalf of
19        the county. The program shall include provisions for
20        indigent offenders and the collection of unpaid fees.
21        The program shall not unduly burden the offender and
22        shall be subject to review by the Chief Judge.
23            The Chief Judge of the circuit court may suspend
24        any additional charges or fees for late payment,
25        interest, or damage to any device; and
26            (v) for persons convicted of offenses other than

 

 

HB4376- 379 -LRB102 21797 RLC 30917 b

1        those referenced in clause (iv) above and who are
2        placed on an approved monitoring device as a condition
3        of probation or conditional discharge, the court shall
4        impose a reasonable fee for each day of the use of the
5        device, as established by the county board in
6        subsection (g) of this Section, unless after
7        determining the inability of the defendant to pay the
8        fee, the court assesses a lesser fee or no fee as the
9        case may be. This fee shall be imposed in addition to
10        the fees imposed under subsections (g) and (i) of this
11        Section. The fee shall be collected by the clerk of the
12        circuit court, except as provided in an administrative
13        order of the Chief Judge of the circuit court. The
14        clerk of the circuit court shall pay all monies
15        collected from this fee to the county treasurer who
16        shall use the monies collected to defray the costs of
17        corrections. The county treasurer shall deposit the
18        fee collected in the probation and court services
19        fund. The Chief Judge of the circuit court of the
20        county may by administrative order establish a program
21        for electronic monitoring of offenders, in which a
22        vendor supplies and monitors the operation of the
23        electronic monitoring device, and collects the fees on
24        behalf of the county. The program shall include
25        provisions for indigent offenders and the collection
26        of unpaid fees. The program shall not unduly burden

 

 

HB4376- 380 -LRB102 21797 RLC 30917 b

1        the offender and shall be subject to review by the
2        Chief Judge.
3            The Chief Judge of the circuit court may suspend
4        any additional charges or fees for late payment,
5        interest, or damage to any device.
6        (11) comply with the terms and conditions of an order
7    of protection issued by the court pursuant to the Illinois
8    Domestic Violence Act of 1986, as now or hereafter
9    amended, or an order of protection issued by the court of
10    another state, tribe, or United States territory. A copy
11    of the order of protection shall be transmitted to the
12    probation officer or agency having responsibility for the
13    case;
14        (12) reimburse any "local anti-crime program" as
15    defined in Section 7 of the Anti-Crime Advisory Council
16    Act for any reasonable expenses incurred by the program on
17    the offender's case, not to exceed the maximum amount of
18    the fine authorized for the offense for which the
19    defendant was sentenced;
20        (13) contribute a reasonable sum of money, not to
21    exceed the maximum amount of the fine authorized for the
22    offense for which the defendant was sentenced, (i) to a
23    "local anti-crime program", as defined in Section 7 of the
24    Anti-Crime Advisory Council Act, or (ii) for offenses
25    under the jurisdiction of the Department of Natural
26    Resources, to the fund established by the Department of

 

 

HB4376- 381 -LRB102 21797 RLC 30917 b

1    Natural Resources for the purchase of evidence for
2    investigation purposes and to conduct investigations as
3    outlined in Section 805-105 of the Department of Natural
4    Resources (Conservation) Law;
5        (14) refrain from entering into a designated
6    geographic area except upon such terms as the court finds
7    appropriate. Such terms may include consideration of the
8    purpose of the entry, the time of day, other persons
9    accompanying the defendant, and advance approval by a
10    probation officer, if the defendant has been placed on
11    probation or advance approval by the court, if the
12    defendant was placed on conditional discharge;
13        (15) refrain from having any contact, directly or
14    indirectly, with certain specified persons or particular
15    types of persons, including but not limited to members of
16    street gangs and drug users or dealers;
17        (16) refrain from having in his or her body the
18    presence of any illicit drug prohibited by the Cannabis
19    Control Act, the Illinois Controlled Substances Act, or
20    the Methamphetamine Control and Community Protection Act,
21    unless prescribed by a physician, and submit samples of
22    his or her blood or urine or both for tests to determine
23    the presence of any illicit drug;
24        (17) if convicted for an offense committed on or after
25    June 1, 2008 (the effective date of Public Act 95-464)
26    that would qualify the accused as a child sex offender as

 

 

HB4376- 382 -LRB102 21797 RLC 30917 b

1    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
2    of 1961 or the Criminal Code of 2012, refrain from
3    communicating with or contacting, by means of the
4    Internet, a person who is related to the accused and whom
5    the accused reasonably believes to be under 18 years of
6    age; for purposes of this paragraph (17), "Internet" has
7    the meaning ascribed to it in Section 16-0.1 of the
8    Criminal Code of 2012; and a person is related to the
9    accused if the person is: (i) the spouse, brother, or
10    sister of the accused; (ii) a descendant of the accused;
11    (iii) a first or second cousin of the accused; or (iv) a
12    step-child or adopted child of the accused;
13        (18) if convicted for an offense committed on or after
14    June 1, 2009 (the effective date of Public Act 95-983)
15    that would qualify as a sex offense as defined in the Sex
16    Offender Registration Act:
17            (i) not access or use a computer or any other
18        device with Internet capability without the prior
19        written approval of the offender's probation officer,
20        except in connection with the offender's employment or
21        search for employment with the prior approval of the
22        offender's probation officer;
23            (ii) submit to periodic unannounced examinations
24        of the offender's computer or any other device with
25        Internet capability by the offender's probation
26        officer, a law enforcement officer, or assigned

 

 

HB4376- 383 -LRB102 21797 RLC 30917 b

1        computer or information technology specialist,
2        including the retrieval and copying of all data from
3        the computer or device and any internal or external
4        peripherals and removal of such information,
5        equipment, or device to conduct a more thorough
6        inspection;
7            (iii) submit to the installation on the offender's
8        computer or device with Internet capability, at the
9        subject's expense, of one or more hardware or software
10        systems to monitor the Internet use; and
11            (iv) submit to any other appropriate restrictions
12        concerning the offender's use of or access to a
13        computer or any other device with Internet capability
14        imposed by the offender's probation officer; and
15        (19) refrain from possessing a firearm or other
16    dangerous weapon where the offense is a misdemeanor that
17    did not involve the intentional or knowing infliction of
18    bodily harm or threat of bodily harm.
19    (c) The court may as a condition of probation or of
20conditional discharge require that a person under 18 years of
21age found guilty of any alcohol, cannabis or controlled
22substance violation, refrain from acquiring a driver's license
23during the period of probation or conditional discharge. If
24such person is in possession of a permit or license, the court
25may require that the minor refrain from driving or operating
26any motor vehicle during the period of probation or

 

 

HB4376- 384 -LRB102 21797 RLC 30917 b

1conditional discharge, except as may be necessary in the
2course of the minor's lawful employment.
3    (d) An offender sentenced to probation or to conditional
4discharge shall be given a certificate setting forth the
5conditions thereof.
6    (e) Except where the offender has committed a fourth or
7subsequent violation of subsection (c) of Section 6-303 of the
8Illinois Vehicle Code, the court shall not require as a
9condition of the sentence of probation or conditional
10discharge that the offender be committed to a period of
11imprisonment in excess of 6 months. This 6-month limit shall
12not include periods of confinement given pursuant to a
13sentence of county impact incarceration under Section 5-8-1.2.
14    Persons committed to imprisonment as a condition of
15probation or conditional discharge shall not be committed to
16the Department of Corrections.
17    (f) The court may combine a sentence of periodic
18imprisonment under Article 7 or a sentence to a county impact
19incarceration program under Article 8 with a sentence of
20probation or conditional discharge.
21    (g) An offender sentenced to probation or to conditional
22discharge and who during the term of either undergoes
23mandatory drug or alcohol testing, or both, or is assigned to
24be placed on an approved electronic monitoring device, shall
25be ordered to pay all costs incidental to such mandatory drug
26or alcohol testing, or both, and all costs incidental to such

 

 

HB4376- 385 -LRB102 21797 RLC 30917 b

1approved electronic monitoring in accordance with the
2defendant's ability to pay those costs. The county board with
3the concurrence of the Chief Judge of the judicial circuit in
4which the county is located shall establish reasonable fees
5for the cost of maintenance, testing, and incidental expenses
6related to the mandatory drug or alcohol testing, or both, and
7all costs incidental to approved electronic monitoring,
8involved in a successful probation program for the county. The
9concurrence of the Chief Judge shall be in the form of an
10administrative order. The fees shall be collected by the clerk
11of the circuit court, except as provided in an administrative
12order of the Chief Judge of the circuit court. The clerk of the
13circuit court shall pay all moneys collected from these fees
14to the county treasurer who shall use the moneys collected to
15defray the costs of drug testing, alcohol testing, and
16electronic monitoring. The county treasurer shall deposit the
17fees collected in the county working cash fund under Section
186-27001 or Section 6-29002 of the Counties Code, as the case
19may be. The Chief Judge of the circuit court of the county may
20by administrative order establish a program for electronic
21monitoring of offenders, in which a vendor supplies and
22monitors the operation of the electronic monitoring device,
23and collects the fees on behalf of the county. The program
24shall include provisions for indigent offenders and the
25collection of unpaid fees. The program shall not unduly burden
26the offender and shall be subject to review by the Chief Judge.

 

 

HB4376- 386 -LRB102 21797 RLC 30917 b

1    The Chief Judge of the circuit court may suspend any
2additional charges or fees for late payment, interest, or
3damage to any device.
4    (h) Jurisdiction over an offender may be transferred from
5the sentencing court to the court of another circuit with the
6concurrence of both courts. Further transfers or retransfers
7of jurisdiction are also authorized in the same manner. The
8court to which jurisdiction has been transferred shall have
9the same powers as the sentencing court. The probation
10department within the circuit to which jurisdiction has been
11transferred, or which has agreed to provide supervision, may
12impose probation fees upon receiving the transferred offender,
13as provided in subsection (i). For all transfer cases, as
14defined in Section 9b of the Probation and Probation Officers
15Act, the probation department from the original sentencing
16court shall retain all probation fees collected prior to the
17transfer. After the transfer, all probation fees shall be paid
18to the probation department within the circuit to which
19jurisdiction has been transferred.
20    (i) The court shall impose upon an offender sentenced to
21probation after January 1, 1989 or to conditional discharge
22after January 1, 1992 or to community service under the
23supervision of a probation or court services department after
24January 1, 2004, as a condition of such probation or
25conditional discharge or supervised community service, a fee
26of $50 for each month of probation or conditional discharge

 

 

HB4376- 387 -LRB102 21797 RLC 30917 b

1supervision or supervised community service ordered by the
2court, unless after determining the inability of the person
3sentenced to probation or conditional discharge or supervised
4community service to pay the fee, the court assesses a lesser
5fee. The court may not impose the fee on a minor who is placed
6in the guardianship or custody of the Department of Children
7and Family Services under the Juvenile Court Act of 1987 while
8the minor is in placement. The fee shall be imposed only upon
9an offender who is actively supervised by the probation and
10court services department. The fee shall be collected by the
11clerk of the circuit court. The clerk of the circuit court
12shall pay all monies collected from this fee to the county
13treasurer for deposit in the probation and court services fund
14under Section 15.1 of the Probation and Probation Officers
15Act.
16    A circuit court may not impose a probation fee under this
17subsection (i) in excess of $25 per month unless the circuit
18court has adopted, by administrative order issued by the chief
19judge, a standard probation fee guide determining an
20offender's ability to pay. Of the amount collected as a
21probation fee, up to $5 of that fee collected per month may be
22used to provide services to crime victims and their families.
23    The Court may only waive probation fees based on an
24offender's ability to pay. The probation department may
25re-evaluate an offender's ability to pay every 6 months, and,
26with the approval of the Director of Court Services or the

 

 

HB4376- 388 -LRB102 21797 RLC 30917 b

1Chief Probation Officer, adjust the monthly fee amount. An
2offender may elect to pay probation fees due in a lump sum. Any
3offender that has been assigned to the supervision of a
4probation department, or has been transferred either under
5subsection (h) of this Section or under any interstate
6compact, shall be required to pay probation fees to the
7department supervising the offender, based on the offender's
8ability to pay.
9    Public Act 93-970 deletes the $10 increase in the fee
10under this subsection that was imposed by Public Act 93-616.
11This deletion is intended to control over any other Act of the
1293rd General Assembly that retains or incorporates that fee
13increase.
14    (i-5) In addition to the fees imposed under subsection (i)
15of this Section, in the case of an offender convicted of a
16felony sex offense (as defined in the Sex Offender Management
17Board Act) or an offense that the court or probation
18department has determined to be sexually motivated (as defined
19in the Sex Offender Management Board Act), the court or the
20probation department shall assess additional fees to pay for
21all costs of treatment, assessment, evaluation for risk and
22treatment, and monitoring the offender, based on that
23offender's ability to pay those costs either as they occur or
24under a payment plan.
25    (j) All fines and costs imposed under this Section for any
26violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

 

 

HB4376- 389 -LRB102 21797 RLC 30917 b

1Code, or a similar provision of a local ordinance, and any
2violation of the Child Passenger Protection Act, or a similar
3provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act.
6    (k) Any offender who is sentenced to probation or
7conditional discharge for a felony sex offense as defined in
8the Sex Offender Management Board Act or any offense that the
9court or probation department has determined to be sexually
10motivated as defined in the Sex Offender Management Board Act
11shall be required to refrain from any contact, directly or
12indirectly, with any persons specified by the court and shall
13be available for all evaluations and treatment programs
14required by the court or the probation department.
15    (l) The court may order an offender who is sentenced to
16probation or conditional discharge for a violation of an order
17of protection be placed under electronic surveillance as
18provided in Section 5-8A-7 of this Code.
19(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
20    Section 95. The Stalking No Contact Order Act is amended
21by changing Section 80 as follows:
 
22    (740 ILCS 21/80)
23    Sec. 80. Stalking no contact orders; remedies.
24    (a) If the court finds that the petitioner has been a

 

 

HB4376- 390 -LRB102 21797 RLC 30917 b

1victim of stalking, a stalking no contact order shall issue;
2provided that the petitioner must also satisfy the
3requirements of Section 95 on emergency orders or Section 100
4on plenary orders. The petitioner shall not be denied a
5stalking no contact order because the petitioner or the
6respondent is a minor. The court, when determining whether or
7not to issue a stalking no contact order, may not require
8physical injury on the person of the petitioner. Modification
9and extension of prior stalking no contact orders shall be in
10accordance with this Act.
11    (b) A stalking no contact order shall order one or more of
12the following:
13        (1) prohibit the respondent from threatening to commit
14    or committing stalking;
15        (2) order the respondent not to have any contact with
16    the petitioner or a third person specifically named by the
17    court;
18        (3) prohibit the respondent from knowingly coming
19    within, or knowingly remaining within a specified distance
20    of the petitioner or the petitioner's residence, school,
21    daycare, or place of employment, or any specified place
22    frequented by the petitioner; however, the court may order
23    the respondent to stay away from the respondent's own
24    residence, school, or place of employment only if the
25    respondent has been provided actual notice of the
26    opportunity to appear and be heard on the petition;

 

 

HB4376- 391 -LRB102 21797 RLC 30917 b

1        (4) prohibit the respondent from possessing a Firearm
2    Owners Identification Card, or possessing or buying
3    firearms; and
4        (5) order other injunctive relief the court determines
5    to be necessary to protect the petitioner or third party
6    specifically named by the court.
7    (b-5) When the petitioner and the respondent attend the
8same public, private, or non-public elementary, middle, or
9high school, the court when issuing a stalking no contact
10order and providing relief shall consider the severity of the
11act, any continuing physical danger or emotional distress to
12the petitioner, the educational rights guaranteed to the
13petitioner and respondent under federal and State law, the
14availability of a transfer of the respondent to another
15school, a change of placement or a change of program of the
16respondent, the expense, difficulty, and educational
17disruption that would be caused by a transfer of the
18respondent to another school, and any other relevant facts of
19the case. The court may order that the respondent not attend
20the public, private, or non-public elementary, middle, or high
21school attended by the petitioner, order that the respondent
22accept a change of placement or program, as determined by the
23school district or private or non-public school, or place
24restrictions on the respondent's movements within the school
25attended by the petitioner. The respondent bears the burden of
26proving by a preponderance of the evidence that a transfer,

 

 

HB4376- 392 -LRB102 21797 RLC 30917 b

1change of placement, or change of program of the respondent is
2not available. The respondent also bears the burden of
3production with respect to the expense, difficulty, and
4educational disruption that would be caused by a transfer of
5the respondent to another school. A transfer, change of
6placement, or change of program is not unavailable to the
7respondent solely on the ground that the respondent does not
8agree with the school district's or private or non-public
9school's transfer, change of placement, or change of program
10or solely on the ground that the respondent fails or refuses to
11consent to or otherwise does not take an action required to
12effectuate a transfer, change of placement, or change of
13program. When a court orders a respondent to stay away from the
14public, private, or non-public school attended by the
15petitioner and the respondent requests a transfer to another
16attendance center within the respondent's school district or
17private or non-public school, the school district or private
18or non-public school shall have sole discretion to determine
19the attendance center to which the respondent is transferred.
20In the event the court order results in a transfer of the minor
21respondent to another attendance center, a change in the
22respondent's placement, or a change of the respondent's
23program, the parents, guardian, or legal custodian of the
24respondent is responsible for transportation and other costs
25associated with the transfer or change.
26    (b-6) The court may order the parents, guardian, or legal

 

 

HB4376- 393 -LRB102 21797 RLC 30917 b

1custodian of a minor respondent to take certain actions or to
2refrain from taking certain actions to ensure that the
3respondent complies with the order. In the event the court
4orders a transfer of the respondent to another school, the
5parents, guardian, or legal custodian of the respondent are
6responsible for transportation and other costs associated with
7the change of school by the respondent.
8    (b-7) The court shall not hold a school district or
9private or non-public school or any of its employees in civil
10or criminal contempt unless the school district or private or
11non-public school has been allowed to intervene.
12    (b-8) The court may hold the parents, guardian, or legal
13custodian of a minor respondent in civil or criminal contempt
14for a violation of any provision of any order entered under
15this Act for conduct of the minor respondent in violation of
16this Act if the parents, guardian, or legal custodian
17directed, encouraged, or assisted the respondent minor in such
18conduct.
19    (c) The court may award the petitioner costs and attorneys
20fees if a stalking no contact order is granted.
21    (d) Monetary damages are not recoverable as a remedy.
22    (e) If the stalking no contact order prohibits the
23respondent from possessing a Firearm Owner's Identification
24Card, or possessing or buying firearms; the court shall
25confiscate the respondent's firearms Firearm Owner's
26Identification Card and immediately return the card to the

 

 

HB4376- 394 -LRB102 21797 RLC 30917 b

1Illinois State Police Firearm Owner's Identification Card
2Office.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 100. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Section 12 as follows:
 
7    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
8    Sec. 12. (a) If the United States Secret Service or the
9Illinois State Police requests information from a mental
10health or developmental disability facility, as defined in
11Section 1-107 and 1-114 of the Mental Health and Developmental
12Disabilities Code, relating to a specific recipient and the
13facility director determines that disclosure of such
14information may be necessary to protect the life of, or to
15prevent the infliction of great bodily harm to, a public
16official, or a person under the protection of the United
17States Secret Service, only the following information may be
18disclosed: the recipient's name, address, and age and the date
19of any admission to or discharge from a facility; and any
20information which would indicate whether or not the recipient
21has a history of violence or presents a danger of violence to
22the person under protection. Any information so disclosed
23shall be used for investigative purposes only and shall not be
24publicly disseminated. Any person participating in good faith

 

 

HB4376- 395 -LRB102 21797 RLC 30917 b

1in the disclosure of such information in accordance with this
2provision shall have immunity from any liability, civil,
3criminal or otherwise, if such information is disclosed
4relying upon the representation of an officer of the United
5States Secret Service or the Illinois State Police that a
6person is under the protection of the United States Secret
7Service or is a public official.
8    For the purpose of this subsection (a), the term "public
9official" means the Governor, Lieutenant Governor, Attorney
10General, Secretary of State, State Comptroller, State
11Treasurer, member of the General Assembly, member of the
12United States Congress, Judge of the United States as defined
13in 28 U.S.C. 451, Justice of the United States as defined in 28
14U.S.C. 451, United States Magistrate Judge as defined in 28
15U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
16Supreme, Appellate, Circuit, or Associate Judge of the State
17of Illinois. The term shall also include the spouse, child or
18children of a public official.
19    (b) The Department of Human Services (acting as successor
20to the Department of Mental Health and Developmental
21Disabilities) and all public or private hospitals and mental
22health facilities are required, as hereafter described in this
23subsection, to furnish the Illinois State Police only such
24information as may be required for the sole purpose of
25determining whether an individual who may be or may have been a
26patient is disqualified because of that status from receiving

 

 

HB4376- 396 -LRB102 21797 RLC 30917 b

1or retaining a firearm under paragraph (4) of subsection (a)
2of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
3Identification Card or falls within the federal prohibitors
4under subsection (e), (f), (g), (r), (s), or (t) of Section 8
5of the Firearm Owners Identification Card Act, or falls within
6the federal prohibitors in 18 U.S.C. 922(g) and (n). All
7physicians, clinical psychologists, or qualified examiners at
8public or private mental health facilities or parts thereof as
9defined in this subsection shall, in the form and manner
10required by the Department, provide notice directly to the
11Department of Human Services, or to his or her employer who
12shall then report to the Department, within 24 hours after
13determining that a person poses a clear and present danger to
14himself, herself, or others, or within 7 days after a person 14
15years or older is determined to be a person with a
16developmental disability by a physician, clinical
17psychologist, or qualified examiner as described in this
18subsection (b) Section 1.1 of the Firearm Owners
19Identification Card Act. If a person is a patient as described
20in clause (2)(A) (1) of the definition of "patient" in (2)(A)
21Section 1.1 of the Firearm Owners Identification Card Act,
22this information shall be furnished within 7 days after
23admission to a public or private hospital or mental health
24facility or the provision of services. Any such information
25disclosed under this subsection shall remain privileged and
26confidential, and shall not be redisclosed, except as required

 

 

HB4376- 397 -LRB102 21797 RLC 30917 b

1by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
2subsection (e) of Section 3.1 of the Firearm Owners
3Identification Card Act, nor utilized for any other purpose.
4The method of requiring the providing of such information
5shall guarantee that no information is released beyond what is
6necessary for this purpose. In addition, the information
7disclosed shall be provided by the Department within the time
8period established by Section 24-3 of the Criminal Code of
92012 regarding the delivery of firearms. The method used shall
10be sufficient to provide the necessary information within the
11prescribed time period, which may include periodically
12providing lists to the Department of Human Services or any
13public or private hospital or mental health facility of
14Firearm Owner's Identification Card applicants for firearm
15purchases on which the Department or hospital shall indicate
16the identities of those individuals who are to its knowledge
17disqualified from having a firearm Firearm Owner's
18Identification Card for reasons described herein. The
19Department may provide for a centralized source of information
20for the State on this subject under its jurisdiction. The
21identity of the person reporting under this subsection shall
22not be disclosed to the subject of the report. For the purposes
23of this subsection, the physician, clinical psychologist, or
24qualified examiner making the determination and his or her
25employer shall not be held criminally, civilly, or
26professionally liable for making or not making the

 

 

HB4376- 398 -LRB102 21797 RLC 30917 b

1notification required under this subsection, except for
2willful or wanton misconduct.
3    Any person, institution, or agency, under this Act,
4participating in good faith in the reporting or disclosure of
5records and communications otherwise in accordance with this
6provision or with rules, regulations or guidelines issued by
7the Department shall have immunity from any liability, civil,
8criminal or otherwise, that might result by reason of the
9action. For the purpose of any proceeding, civil or criminal,
10arising out of a report or disclosure in accordance with this
11provision, the good faith of any person, institution, or
12agency so reporting or disclosing shall be presumed. The full
13extent of the immunity provided in this subsection (b) shall
14apply to any person, institution or agency that fails to make a
15report or disclosure in the good faith belief that the report
16or disclosure would violate federal regulations governing the
17confidentiality of alcohol and drug abuse patient records
18implementing 42 U.S.C. 290dd-3 and 290ee-3.
19    For purposes of this subsection (b) only, the following
20terms shall have the meaning prescribed:
21        (1) (Blank).
22        (1.3) "Clear and present danger" has the meaning as
23    defined in Section 6-103.3 of the Mental Health and
24    Developmental Disabilities Code 1.1 of the Firearm Owners
25    Identification Card Act.
26        (1.5) "Person with a developmental disability" has the

 

 

HB4376- 399 -LRB102 21797 RLC 30917 b

1    meaning as defined in Section 6-103.3 of the Mental Health
2    and Developmental Disabilities Code 1.1 of the Firearm
3    Owners Identification Card Act.
4        (2) "Patient" means (A) a person who voluntarily
5    receives mental health treatment as an in-patient or
6    resident of any public or private mental health facility,
7    unless the treatment was solely for an alcohol abuse
8    disorder and no other secondary substance abuse disorder
9    or mental illness; or (B) a person who voluntarily
10    receives mental health treatment as an out-patient or is
11    provided services by a public or private mental health
12    facility, and who poses a clear and present danger to
13    himself, herself, or to others has the meaning as defined
14    in Section 1.1 of the Firearm Owners Identification Card
15    Act.
16        (3) "Mental health facility" means any licensed
17    private hospital or hospital affiliate, institution, or
18    facility, or part thereof, and any facility, or part
19    thereof, operated by the State or a political subdivision
20    thereof which provide treatment of persons with mental
21    illness and includes all hospitals, institutions, clinics,
22    evaluation facilities, mental health centers, colleges,
23    universities, long-term care facilities, and nursing
24    homes, or parts thereof, which provide treatment of
25    persons with mental illness whether or not the primary
26    purpose is to provide treatment of persons with mental

 

 

HB4376- 400 -LRB102 21797 RLC 30917 b

1    illness has the meaning as defined in Section 1.1 of the
2    Firearm Owners Identification Card Act.
3    (c) Upon the request of a peace officer who takes a person
4into custody and transports such person to a mental health or
5developmental disability facility pursuant to Section 3-606 or
64-404 of the Mental Health and Developmental Disabilities Code
7or who transports a person from such facility, a facility
8director shall furnish said peace officer the name, address,
9age and name of the nearest relative of the person transported
10to or from the mental health or developmental disability
11facility. In no case shall the facility director disclose to
12the peace officer any information relating to the diagnosis,
13treatment or evaluation of the person's mental or physical
14health.
15    For the purposes of this subsection (c), the terms "mental
16health or developmental disability facility", "peace officer"
17and "facility director" shall have the meanings ascribed to
18them in the Mental Health and Developmental Disabilities Code.
19    (d) Upon the request of a peace officer or prosecuting
20authority who is conducting a bona fide investigation of a
21criminal offense, or attempting to apprehend a fugitive from
22justice, a facility director may disclose whether a person is
23present at the facility. Upon request of a peace officer or
24prosecuting authority who has a valid forcible felony warrant
25issued, a facility director shall disclose: (1) whether the
26person who is the subject of the warrant is present at the

 

 

HB4376- 401 -LRB102 21797 RLC 30917 b

1facility and (2) the date of that person's discharge or future
2discharge from the facility. The requesting peace officer or
3prosecuting authority must furnish a case number and the
4purpose of the investigation or an outstanding arrest warrant
5at the time of the request. Any person, institution, or agency
6participating in good faith in disclosing such information in
7accordance with this subsection (d) is immune from any
8liability, civil, criminal or otherwise, that might result by
9reason of the action.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 105. The Illinois Domestic Violence Act of 1986 is
12amended by changing Sections 210 and 214 as follows:
 
13    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
14    Sec. 210. Process.
15    (a) Summons. Any action for an order of protection,
16whether commenced alone or in conjunction with another
17proceeding, is a distinct cause of action and requires that a
18separate summons be issued and served, except that in pending
19cases the following methods may be used:
20        (1) By delivery of the summons to respondent
21    personally in open court in pending civil or criminal
22    cases.
23        (2) By notice in accordance with Section 210.1 in
24    civil cases in which the defendant has filed a general

 

 

HB4376- 402 -LRB102 21797 RLC 30917 b

1    appearance.
2    The summons shall be in the form prescribed by Supreme
3Court Rule 101(d), except that it shall require respondent to
4answer or appear within 7 days. Attachments to the summons or
5notice shall include the petition for order of protection and
6supporting affidavits, if any, and any emergency order of
7protection that has been issued. The enforcement of an order
8of protection under Section 223 shall not be affected by the
9lack of service, delivery, or notice, provided the
10requirements of subsection (d) of that Section are otherwise
11met.
12    (b) Blank.
13    (c) Expedited service. The summons shall be served by the
14sheriff or other law enforcement officer at the earliest time
15and shall take precedence over other summonses except those of
16a similar emergency nature. Special process servers may be
17appointed at any time, and their designation shall not affect
18the responsibilities and authority of the sheriff or other
19official process servers. In counties with a population over
203,000,000, a special process server may not be appointed if
21the order of protection grants the surrender of a child, the
22surrender of a firearm or firearm owners identification card,
23or the exclusive possession of a shared residence.
24    (d) Remedies requiring actual notice. The counseling,
25payment of support, payment of shelter services, and payment
26of losses remedies provided by paragraphs 4, 12, 13, and 16 of

 

 

HB4376- 403 -LRB102 21797 RLC 30917 b

1subsection (b) of Section 214 may be granted only if
2respondent has been personally served with process, has
3answered or has made a general appearance.
4    (e) Remedies upon constructive notice. Service of process
5on a member of respondent's household or by publication shall
6be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
76, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
8214, but only if: (i) petitioner has made all reasonable
9efforts to accomplish actual service of process personally
10upon respondent, but respondent cannot be found to effect such
11service and (ii) petitioner files an affidavit or presents
12sworn testimony as to those efforts.
13    (f) Default. A plenary order of protection may be entered
14by default as follows:
15        (1) For any of the remedies sought in the petition, if
16    respondent has been served or given notice in accordance
17    with subsection (a) and if respondent then fails to appear
18    as directed or fails to appear on any subsequent
19    appearance or hearing date agreed to by the parties or set
20    by the court; or
21        (2) For any of the remedies provided in accordance
22    with subsection (e), if respondent fails to answer or
23    appear in accordance with the date set in the publication
24    notice or the return date indicated on the service of a
25    household member.
26    (g) Emergency orders. If an order is granted under

 

 

HB4376- 404 -LRB102 21797 RLC 30917 b

1subsection (c) of Section 217, the court shall immediately
2file a certified copy of the order with the sheriff or other
3law enforcement official charged with maintaining Department
4of State Police records.
5(Source: P.A. 101-508, eff. 1-1-20.)
 
6    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
7    Sec. 214. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member or that
10petitioner is a high-risk adult who has been abused,
11neglected, or exploited, as defined in this Act, an order of
12protection prohibiting the abuse, neglect, or exploitation
13shall issue; provided that petitioner must also satisfy the
14requirements of one of the following Sections, as appropriate:
15Section 217 on emergency orders, Section 218 on interim
16orders, or Section 219 on plenary orders. Petitioner shall not
17be denied an order of protection because petitioner or
18respondent is a minor. The court, when determining whether or
19not to issue an order of protection, shall not require
20physical manifestations of abuse on the person of the victim.
21Modification and extension of prior orders of protection shall
22be in accordance with this Act.
23    (b) Remedies and standards. The remedies to be included in
24an order of protection shall be determined in accordance with
25this Section and one of the following Sections, as

 

 

HB4376- 405 -LRB102 21797 RLC 30917 b

1appropriate: Section 217 on emergency orders, Section 218 on
2interim orders, and Section 219 on plenary orders. The
3remedies listed in this subsection shall be in addition to
4other civil or criminal remedies available to petitioner.
5        (1) Prohibition of abuse, neglect, or exploitation.
6    Prohibit respondent's harassment, interference with
7    personal liberty, intimidation of a dependent, physical
8    abuse, or willful deprivation, neglect or exploitation, as
9    defined in this Act, or stalking of the petitioner, as
10    defined in Section 12-7.3 of the Criminal Code of 2012, if
11    such abuse, neglect, exploitation, or stalking has
12    occurred or otherwise appears likely to occur if not
13    prohibited.
14        (2) Grant of exclusive possession of residence.
15    Prohibit respondent from entering or remaining in any
16    residence, household, or premises of the petitioner,
17    including one owned or leased by respondent, if petitioner
18    has a right to occupancy thereof. The grant of exclusive
19    possession of the residence, household, or premises shall
20    not affect title to real property, nor shall the court be
21    limited by the standard set forth in subsection (c-2) of
22    Section 501 of the Illinois Marriage and Dissolution of
23    Marriage Act.
24            (A) Right to occupancy. A party has a right to
25        occupancy of a residence or household if it is solely
26        or jointly owned or leased by that party, that party's

 

 

HB4376- 406 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 407 -LRB102 21797 RLC 30917 b

1        outweigh the hardships to petitioner and any minor
2        child or dependent adult in petitioner's care. The
3        court, on the request of petitioner or on its own
4        motion, may order respondent to provide suitable,
5        accessible, alternate housing for petitioner instead
6        of excluding respondent from a mutual residence or
7        household.
8        (3) Stay away order and additional prohibitions. Order
9    respondent to stay away from petitioner or any other
10    person protected by the order of protection, or prohibit
11    respondent from entering or remaining present at
12    petitioner's school, place of employment, or other
13    specified places at times when petitioner is present, or
14    both, if reasonable, given the balance of hardships.
15    Hardships need not be balanced for the court to enter a
16    stay away order or prohibit entry if respondent has no
17    right to enter the premises.
18            (A) If an order of protection grants petitioner
19        exclusive possession of the residence, or prohibits
20        respondent from entering the residence, or orders
21        respondent to stay away from petitioner or other
22        protected persons, then the court may allow respondent
23        access to the residence to remove items of clothing
24        and personal adornment used exclusively by respondent,
25        medications, and other items as the court directs. The
26        right to access shall be exercised on only one

 

 

HB4376- 408 -LRB102 21797 RLC 30917 b

1        occasion as the court directs and in the presence of an
2        agreed-upon adult third party or law enforcement
3        officer.
4            (B) When the petitioner and the respondent attend
5        the same public, private, or non-public elementary,
6        middle, or high school, the court when issuing an
7        order of protection and providing relief shall
8        consider the severity of the act, any continuing
9        physical danger or emotional distress to the
10        petitioner, the educational rights guaranteed to the
11        petitioner and respondent under federal and State law,
12        the availability of a transfer of the respondent to
13        another school, a change of placement or a change of
14        program of the respondent, the expense, difficulty,
15        and educational disruption that would be caused by a
16        transfer of the respondent to another school, and any
17        other relevant facts of the case. The court may order
18        that the respondent not attend the public, private, or
19        non-public elementary, middle, or high school attended
20        by the petitioner, order that the respondent accept a
21        change of placement or change of program, as
22        determined by the school district or private or
23        non-public school, or place restrictions on the
24        respondent's movements within the school attended by
25        the petitioner. The respondent bears the burden of
26        proving by a preponderance of the evidence that a

 

 

HB4376- 409 -LRB102 21797 RLC 30917 b

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

 

 

HB4376- 410 -LRB102 21797 RLC 30917 b

1        legal custodian of the respondent is responsible for
2        transportation and other costs associated with the
3        transfer or change.
4            (C) The court may order the parents, guardian, or
5        legal custodian of a minor respondent to take certain
6        actions or to refrain from taking certain actions to
7        ensure that the respondent complies with the order. In
8        the event the court orders a transfer of the
9        respondent to another school, the parents, guardian,
10        or legal custodian of the respondent is responsible
11        for transportation and other costs associated with the
12        change of school by the respondent.
13        (4) Counseling. Require or recommend the respondent to
14    undergo counseling for a specified duration with a social
15    worker, psychologist, clinical psychologist,
16    psychiatrist, family service agency, alcohol or substance
17    abuse program, mental health center guidance counselor,
18    agency providing services to elders, program designed for
19    domestic violence abusers or any other guidance service
20    the court deems appropriate. The Court may order the
21    respondent in any intimate partner relationship to report
22    to an Illinois Department of Human Services protocol
23    approved partner abuse intervention program for an
24    assessment and to follow all recommended treatment.
25        (5) Physical care and possession of the minor child.
26    In order to protect the minor child from abuse, neglect,

 

 

HB4376- 411 -LRB102 21797 RLC 30917 b

1    or unwarranted separation from the person who has been the
2    minor child's primary caretaker, or to otherwise protect
3    the well-being of the minor child, the court may do either
4    or both of the following: (i) grant petitioner physical
5    care or possession of the minor child, or both, or (ii)
6    order respondent to return a minor child to, or not remove
7    a minor child from, the physical care of a parent or person
8    in loco parentis.
9        If a court finds, after a hearing, that respondent has
10    committed abuse (as defined in Section 103) of a minor
11    child, there shall be a rebuttable presumption that
12    awarding physical care to respondent would not be in the
13    minor child's best interest.
14        (6) Temporary allocation of parental responsibilities:
15    significant decision-making. Award temporary
16    decision-making responsibility to petitioner in accordance
17    with this Section, the Illinois Marriage and Dissolution
18    of Marriage Act, the Illinois Parentage Act of 2015, and
19    this State's Uniform Child-Custody Jurisdiction and
20    Enforcement Act.
21        If a court finds, after a hearing, that respondent has
22    committed abuse (as defined in Section 103) of a minor
23    child, there shall be a rebuttable presumption that
24    awarding temporary significant decision-making
25    responsibility to respondent would not be in the child's
26    best interest.

 

 

HB4376- 412 -LRB102 21797 RLC 30917 b

1        (7) Parenting time. Determine the parenting time, if
2    any, of respondent in any case in which the court awards
3    physical care or allocates temporary significant
4    decision-making responsibility of a minor child to
5    petitioner. The court shall restrict or deny respondent's
6    parenting time with a minor child if the court finds that
7    respondent has done or is likely to do any of the
8    following: (i) abuse or endanger the minor child during
9    parenting time; (ii) use the parenting time as an
10    opportunity to abuse or harass petitioner or petitioner's
11    family or household members; (iii) improperly conceal or
12    detain the minor child; or (iv) otherwise act in a manner
13    that is not in the best interests of the minor child. The
14    court shall not be limited by the standards set forth in
15    Section 603.10 of the Illinois Marriage and Dissolution of
16    Marriage Act. If the court grants parenting time, the
17    order shall specify dates and times for the parenting time
18    to take place or other specific parameters or conditions
19    that are appropriate. No order for parenting time shall
20    refer merely to the term "reasonable parenting time".
21        Petitioner may deny respondent access to the minor
22    child if, when respondent arrives for parenting time,
23    respondent is under the influence of drugs or alcohol and
24    constitutes a threat to the safety and well-being of
25    petitioner or petitioner's minor children or is behaving
26    in a violent or abusive manner.

 

 

HB4376- 413 -LRB102 21797 RLC 30917 b

1        If necessary to protect any member of petitioner's
2    family or household from future abuse, respondent shall be
3    prohibited from coming to petitioner's residence to meet
4    the minor child for parenting time, and the parties shall
5    submit to the court their recommendations for reasonable
6    alternative arrangements for parenting time. A person may
7    be approved to supervise parenting time only after filing
8    an affidavit accepting that responsibility and
9    acknowledging accountability to the court.
10        (8) Removal or concealment of minor child. Prohibit
11    respondent from removing a minor child from the State or
12    concealing the child within the State.
13        (9) Order to appear. Order the respondent to appear in
14    court, alone or with a minor child, to prevent abuse,
15    neglect, removal or concealment of the child, to return
16    the child to the custody or care of the petitioner or to
17    permit any court-ordered interview or examination of the
18    child or the respondent.
19        (10) Possession of personal property. Grant petitioner
20    exclusive possession of personal property and, if
21    respondent has possession or control, direct respondent to
22    promptly make it available to petitioner, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the parties own the property jointly; sharing
26        it would risk abuse of petitioner by respondent or is

 

 

HB4376- 414 -LRB102 21797 RLC 30917 b

1        impracticable; and the balance of hardships favors
2        temporary possession by petitioner.
3        If petitioner's sole claim to ownership of the
4    property is that it is marital property, the court may
5    award petitioner temporary possession thereof under the
6    standards of subparagraph (ii) of this paragraph only if a
7    proper proceeding has been filed under the Illinois
8    Marriage and Dissolution of Marriage Act, as now or
9    hereafter amended.
10        No order under this provision shall affect title to
11    property.
12        (11) Protection of property. Forbid the respondent
13    from taking, transferring, encumbering, concealing,
14    damaging or otherwise disposing of any real or personal
15    property, except as explicitly authorized by the court,
16    if:
17            (i) petitioner, but not respondent, owns the
18        property; or
19            (ii) the parties own the property jointly, and the
20        balance of hardships favors granting this remedy.
21        If petitioner's sole claim to ownership of the
22    property is that it is marital property, the court may
23    grant petitioner relief under subparagraph (ii) of this
24    paragraph only if a proper proceeding has been filed under
25    the Illinois Marriage and Dissolution of Marriage Act, as
26    now or hereafter amended.

 

 

HB4376- 415 -LRB102 21797 RLC 30917 b

1        The court may further prohibit respondent from
2    improperly using the financial or other resources of an
3    aged member of the family or household for the profit or
4    advantage of respondent or of any other person.
5        (11.5) Protection of animals. Grant the petitioner the
6    exclusive care, custody, or control of any animal owned,
7    possessed, leased, kept, or held by either the petitioner
8    or the respondent or a minor child residing in the
9    residence or household of either the petitioner or the
10    respondent and order the respondent to stay away from the
11    animal and forbid the respondent from taking,
12    transferring, encumbering, concealing, harming, or
13    otherwise disposing of the animal.
14        (12) Order for payment of support. Order respondent to
15    pay temporary support for the petitioner or any child in
16    the petitioner's care or over whom the petitioner has been
17    allocated parental responsibility, when the respondent has
18    a legal obligation to support that person, in accordance
19    with the Illinois Marriage and Dissolution of Marriage
20    Act, which shall govern, among other matters, the amount
21    of support, payment through the clerk and withholding of
22    income to secure payment. An order for child support may
23    be granted to a petitioner with lawful physical care of a
24    child, or an order or agreement for physical care of a
25    child, prior to entry of an order allocating significant
26    decision-making responsibility. Such a support order shall

 

 

HB4376- 416 -LRB102 21797 RLC 30917 b

1    expire upon entry of a valid order allocating parental
2    responsibility differently and vacating the petitioner's
3    significant decision-making authority, unless otherwise
4    provided in the order.
5        (13) Order for payment of losses. Order respondent to
6    pay petitioner for losses suffered as a direct result of
7    the abuse, neglect, or exploitation. Such losses shall
8    include, but not be limited to, medical expenses, lost
9    earnings or other support, repair or replacement of
10    property damaged or taken, reasonable attorney's fees,
11    court costs and moving or other travel expenses, including
12    additional reasonable expenses for temporary shelter and
13    restaurant meals.
14            (i) Losses affecting family needs. If a party is
15        entitled to seek maintenance, child support or
16        property distribution from the other party under the
17        Illinois Marriage and Dissolution of Marriage Act, as
18        now or hereafter amended, the court may order
19        respondent to reimburse petitioner's actual losses, to
20        the extent that such reimbursement would be
21        "appropriate temporary relief", as authorized by
22        subsection (a)(3) of Section 501 of that Act.
23            (ii) Recovery of expenses. In the case of an
24        improper concealment or removal of a minor child, the
25        court may order respondent to pay the reasonable
26        expenses incurred or to be incurred in the search for

 

 

HB4376- 417 -LRB102 21797 RLC 30917 b

1        and recovery of the minor child, including but not
2        limited to legal fees, court costs, private
3        investigator fees, and travel costs.
4        (14) Prohibition of entry. Prohibit the respondent
5    from entering or remaining in the residence or household
6    while the respondent is under the influence of alcohol or
7    drugs and constitutes a threat to the safety and
8    well-being of the petitioner or the petitioner's children.
9        (14.5) Prohibition of firearm possession.
10            (a) Prohibit a respondent against whom an order of
11        protection was issued from possessing any firearms
12        during the duration of the order if the order:
13                (1) was issued after a hearing of which such
14            person received actual notice, and at which such
15            person had an opportunity to participate;
16                (2) restrains such person from harassing,
17            stalking, or threatening an intimate partner of
18            such person or child of such intimate partner or
19            person, or engaging in other conduct that would
20            place an intimate partner in reasonable fear of
21            bodily injury to the partner or child; and
22                (3)(i) includes a finding that such person
23            represents a credible threat to the physical
24            safety of such intimate partner or child; or (ii)
25            by its terms explicitly prohibits the use,
26            attempted use, or threatened use of physical force

 

 

HB4376- 418 -LRB102 21797 RLC 30917 b

1            against such intimate partner or child that would
2            reasonably be expected to cause bodily injury.
3        Any Firearm Owner's Identification Card in the
4        possession of the respondent, except as provided in
5        subsection (b), shall be ordered by the court to be
6        turned over to the local law enforcement agency. The
7        local law enforcement agency shall immediately mail
8        the card to the Illinois State Police Firearm Owner's
9        Identification Card Office for safekeeping. The court
10        shall issue a warrant for seizure of any firearm in the
11        possession of the respondent, to be kept by the local
12        law enforcement agency for safekeeping, except as
13        provided in subsection (b). The period of safekeeping
14        shall be for the duration of the order of protection.
15        The firearm or firearms and Firearm Owner's
16        Identification Card, if unexpired, shall at the
17        respondent's request, be returned to the respondent at
18        the end of the order of protection. It is the
19        respondent's responsibility to notify the Illinois
20        State Police Firearm Owner's Identification Card
21        Office.
22            (b) If the respondent is a peace officer as
23        defined in Section 2-13 of the Criminal Code of 2012,
24        the court shall order that any firearms used by the
25        respondent in the performance of his or her duties as a
26        peace officer be surrendered to the chief law

 

 

HB4376- 419 -LRB102 21797 RLC 30917 b

1        enforcement executive of the agency in which the
2        respondent is employed, who shall retain the firearms
3        for safekeeping for the duration of the order of
4        protection.
5            (c) Upon expiration of the period of safekeeping,
6        if the firearms or Firearm Owner's Identification Card
7        cannot be returned to respondent because respondent
8        cannot be located, fails to respond to requests to
9        retrieve the firearms, or is not lawfully eligible to
10        possess a firearm, upon petition from the local law
11        enforcement agency, the court may order the local law
12        enforcement agency to destroy the firearms, use the
13        firearms for training purposes, or for any other
14        application as deemed appropriate by the local law
15        enforcement agency; or that the firearms be turned
16        over to a third party who is lawfully eligible to
17        possess firearms, and who does not reside with
18        respondent.
19        (15) Prohibition of access to records. If an order of
20    protection prohibits respondent from having contact with
21    the minor child, or if petitioner's address is omitted
22    under subsection (b) of Section 203, or if necessary to
23    prevent abuse or wrongful removal or concealment of a
24    minor child, the order shall deny respondent access to,
25    and prohibit respondent from inspecting, obtaining, or
26    attempting to inspect or obtain, school or any other

 

 

HB4376- 420 -LRB102 21797 RLC 30917 b

1    records of the minor child who is in the care of
2    petitioner.
3        (16) Order for payment of shelter services. Order
4    respondent to reimburse a shelter providing temporary
5    housing and counseling services to the petitioner for the
6    cost of the services, as certified by the shelter and
7    deemed reasonable by the court.
8        (17) Order for injunctive relief. Enter injunctive
9    relief necessary or appropriate to prevent further abuse
10    of a family or household member or further abuse, neglect,
11    or exploitation of a high-risk adult with disabilities or
12    to effectuate one of the granted remedies, if supported by
13    the balance of hardships. If the harm to be prevented by
14    the injunction is abuse or any other harm that one of the
15    remedies listed in paragraphs (1) through (16) of this
16    subsection is designed to prevent, no further evidence is
17    necessary that the harm is an irreparable injury.
18        (18) Telephone services.
19            (A) Unless a condition described in subparagraph
20        (B) of this paragraph exists, the court may, upon
21        request by the petitioner, order a wireless telephone
22        service provider to transfer to the petitioner the
23        right to continue to use a telephone number or numbers
24        indicated by the petitioner and the financial
25        responsibility associated with the number or numbers,
26        as set forth in subparagraph (C) of this paragraph.

 

 

HB4376- 421 -LRB102 21797 RLC 30917 b

1        For purposes of this paragraph (18), the term
2        "wireless telephone service provider" means a provider
3        of commercial mobile service as defined in 47 U.S.C.
4        332. The petitioner may request the transfer of each
5        telephone number that the petitioner, or a minor child
6        in his or her custody, uses. The clerk of the court
7        shall serve the order on the wireless telephone
8        service provider's agent for service of process
9        provided to the Illinois Commerce Commission. The
10        order shall contain all of the following:
11                (i) The name and billing telephone number of
12            the account holder including the name of the
13            wireless telephone service provider that serves
14            the account.
15                (ii) Each telephone number that will be
16            transferred.
17                (iii) A statement that the provider transfers
18            to the petitioner all financial responsibility for
19            and right to the use of any telephone number
20            transferred under this paragraph.
21            (B) A wireless telephone service provider shall
22        terminate the respondent's use of, and shall transfer
23        to the petitioner use of, the telephone number or
24        numbers indicated in subparagraph (A) of this
25        paragraph unless it notifies the petitioner, within 72
26        hours after it receives the order, that one of the

 

 

HB4376- 422 -LRB102 21797 RLC 30917 b

1        following applies:
2                (i) The account holder named in the order has
3            terminated the account.
4                (ii) A difference in network technology would
5            prevent or impair the functionality of a device on
6            a network if the transfer occurs.
7                (iii) The transfer would cause a geographic or
8            other limitation on network or service provision
9            to the petitioner.
10                (iv) Another technological or operational
11            issue would prevent or impair the use of the
12            telephone number if the transfer occurs.
13            (C) The petitioner assumes all financial
14        responsibility for and right to the use of any
15        telephone number transferred under this paragraph. In
16        this paragraph, "financial responsibility" includes
17        monthly service costs and costs associated with any
18        mobile device associated with the number.
19            (D) A wireless telephone service provider may
20        apply to the petitioner its routine and customary
21        requirements for establishing an account or
22        transferring a number, including requiring the
23        petitioner to provide proof of identification,
24        financial information, and customer preferences.
25            (E) Except for willful or wanton misconduct, a
26        wireless telephone service provider is immune from

 

 

HB4376- 423 -LRB102 21797 RLC 30917 b

1        civil liability for its actions taken in compliance
2        with a court order issued under this paragraph.
3            (F) All wireless service providers that provide
4        services to residential customers shall provide to the
5        Illinois Commerce Commission the name and address of
6        an agent for service of orders entered under this
7        paragraph (18). Any change in status of the registered
8        agent must be reported to the Illinois Commerce
9        Commission within 30 days of such change.
10            (G) The Illinois Commerce Commission shall
11        maintain the list of registered agents for service for
12        each wireless telephone service provider on the
13        Commission's website. The Commission may consult with
14        wireless telephone service providers and the Circuit
15        Court Clerks on the manner in which this information
16        is provided and displayed.
17    (c) Relevant factors; findings.
18        (1) In determining whether to grant a specific remedy,
19    other than payment of support, the court shall consider
20    relevant factors, including but not limited to the
21    following:
22            (i) the nature, frequency, severity, pattern and
23        consequences of the respondent's past abuse, neglect
24        or exploitation of the petitioner or any family or
25        household member, including the concealment of his or
26        her location in order to evade service of process or

 

 

HB4376- 424 -LRB102 21797 RLC 30917 b

1        notice, and the likelihood of danger of future abuse,
2        neglect, or exploitation to petitioner or any member
3        of petitioner's or respondent's family or household;
4        and
5            (ii) the danger that any minor child will be
6        abused or neglected or improperly relocated from the
7        jurisdiction, improperly concealed within the State or
8        improperly separated from the child's primary
9        caretaker.
10        (2) In comparing relative hardships resulting to the
11    parties from loss of possession of the family home, the
12    court shall consider relevant factors, including but not
13    limited to the following:
14            (i) availability, accessibility, cost, safety,
15        adequacy, location and other characteristics of
16        alternate housing for each party and any minor child
17        or dependent adult in the party's care;
18            (ii) the effect on the party's employment; and
19            (iii) the effect on the relationship of the party,
20        and any minor child or dependent adult in the party's
21        care, to family, school, church and community.
22        (3) Subject to the exceptions set forth in paragraph
23    (4) of this subsection, the court shall make its findings
24    in an official record or in writing, and shall at a minimum
25    set forth the following:
26            (i) That the court has considered the applicable

 

 

HB4376- 425 -LRB102 21797 RLC 30917 b

1        relevant factors described in paragraphs (1) and (2)
2        of this subsection.
3            (ii) Whether the conduct or actions of respondent,
4        unless prohibited, will likely cause irreparable harm
5        or continued abuse.
6            (iii) Whether it is necessary to grant the
7        requested relief in order to protect petitioner or
8        other alleged abused persons.
9        (4) For purposes of issuing an ex parte emergency
10    order of protection, the court, as an alternative to or as
11    a supplement to making the findings described in
12    paragraphs (c)(3)(i) through (c)(3)(iii) of this
13    subsection, may use the following procedure:
14        When a verified petition for an emergency order of
15    protection in accordance with the requirements of Sections
16    203 and 217 is presented to the court, the court shall
17    examine petitioner on oath or affirmation. An emergency
18    order of protection shall be issued by the court if it
19    appears from the contents of the petition and the
20    examination of petitioner that the averments are
21    sufficient to indicate abuse by respondent and to support
22    the granting of relief under the issuance of the emergency
23    order of protection.
24        (5) Never married parties. No rights or
25    responsibilities for a minor child born outside of
26    marriage attach to a putative father until a father and

 

 

HB4376- 426 -LRB102 21797 RLC 30917 b

1    child relationship has been established under the Illinois
2    Parentage Act of 1984, the Illinois Parentage Act of 2015,
3    the Illinois Public Aid Code, Section 12 of the Vital
4    Records Act, the Juvenile Court Act of 1987, the Probate
5    Act of 1975, the Revised Uniform Reciprocal Enforcement of
6    Support Act, the Uniform Interstate Family Support Act,
7    the Expedited Child Support Act of 1990, any judicial,
8    administrative, or other act of another state or
9    territory, any other Illinois statute, or by any foreign
10    nation establishing the father and child relationship, any
11    other proceeding substantially in conformity with the
12    Personal Responsibility and Work Opportunity
13    Reconciliation Act of 1996 (Pub. L. 104-193), or where
14    both parties appeared in open court or at an
15    administrative hearing acknowledging under oath or
16    admitting by affirmation the existence of a father and
17    child relationship. Absent such an adjudication, finding,
18    or acknowledgment, no putative father shall be granted
19    temporary allocation of parental responsibilities,
20    including parenting time with the minor child, or physical
21    care and possession of the minor child, nor shall an order
22    of payment for support of the minor child be entered.
23    (d) Balance of hardships; findings. If the court finds
24that the balance of hardships does not support the granting of
25a remedy governed by paragraph (2), (3), (10), (11), or (16) of
26subsection (b) of this Section, which may require such

 

 

HB4376- 427 -LRB102 21797 RLC 30917 b

1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will
3result in hardship to respondent that would substantially
4outweigh the hardship to petitioner from denial of the remedy.
5The findings shall be an official record or in writing.
6    (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8        (1) Respondent has cause for any use of force, unless
9    that cause satisfies the standards for justifiable use of
10    force provided by Article 7 of the Criminal Code of 2012;
11        (2) Respondent was voluntarily intoxicated;
12        (3) Petitioner acted in self-defense or defense of
13    another, provided that, if petitioner utilized force, such
14    force was justifiable under Article 7 of the Criminal Code
15    of 2012;
16        (4) Petitioner did not act in self-defense or defense
17    of another;
18        (5) Petitioner left the residence or household to
19    avoid further abuse, neglect, or exploitation by
20    respondent;
21        (6) Petitioner did not leave the residence or
22    household to avoid further abuse, neglect, or exploitation
23    by respondent;
24        (7) Conduct by any family or household member excused
25    the abuse, neglect, or exploitation by respondent, unless
26    that same conduct would have excused such abuse, neglect,

 

 

HB4376- 428 -LRB102 21797 RLC 30917 b

1    or exploitation if the parties had not been family or
2    household members.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 110. The Uniform Disposition of Unclaimed Property
5Act is amended by changing Section 1 as follows:
 
6    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
7    Sec. 1. As used in this Act, unless the context otherwise
8requires:
9    (a) "Banking organization" means any bank, trust company,
10savings bank, industrial bank, land bank, safe deposit
11company, or a private banker.
12    (b) "Business association" means any corporation, joint
13stock company, business trust, partnership, or any
14association, limited liability company, or other business
15entity consisting of one or more persons, whether or not for
16profit.
17    (c) "Financial organization" means any savings and loan
18association, building and loan association, credit union,
19currency exchange, co-operative bank, mutual funds, or
20investment company.
21    (d) "Holder" means any person in possession of property
22subject to this Act belonging to another, or who is trustee in
23case of a trust, or is indebted to another on an obligation
24subject to this Act.

 

 

HB4376- 429 -LRB102 21797 RLC 30917 b

1    (e) "Life insurance corporation" means any association or
2corporation transacting the business of insurance on the lives
3of persons or insurance appertaining thereto, including, but
4not by way of limitation, endowments and annuities.
5    (f) "Owner" means a depositor in case of a deposit, a
6beneficiary in case of a trust, a creditor, claimant, or payee
7in case of other property, or any person having a legal or
8equitable interest in property subject to this Act, or his
9legal representative.
10    (g) "Person" means any individual, business association,
11financial organization, government or political subdivision or
12agency, public authority, estate, trust, or any other legal or
13commercial entity.
14    (h) "Utility" means any person who owns or operates, for
15public use, any plant, equipment, property, franchise, or
16license for the transmission of communications or the
17production, storage, transmission, sale, delivery, or
18furnishing of electricity, water, steam, oil or gas.
19    (i) (Blank).
20    (j) "Insurance company" means any person transacting the
21kinds of business enumerated in Section 4 of the Illinois
22Insurance Code other than life insurance.
23    (k) "Economic loss", as used in Sections 2a and 9 of this
24Act includes, but is not limited to, delivery charges,
25mark-downs and write-offs, carrying costs, restocking charges,
26lay-aways, special orders, issuance of credit memos, and the

 

 

HB4376- 430 -LRB102 21797 RLC 30917 b

1costs of special services or goods provided that reduce the
2property value or that result in lost sales opportunity.
3    (l) "Reportable property" means property, tangible or
4intangible, presumed abandoned under this Act that must be
5appropriately and timely reported and remitted to the Office
6of the State Treasurer under this Act. Interest, dividends,
7stock splits, warrants, or other rights that become reportable
8property under this Act include the underlying security or
9commodity giving rise to the interest, dividend, split,
10warrant, or other right to which the owner would be entitled.
11    (m) "Firearm" has the meaning ascribed to that term in
12Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
13Identification Card Act.
14(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
1591-748, eff. 6-2-00.)
 
16    Section 115. The Revised Uniform Unclaimed Property Act is
17amended by changing Section 15-705 as follows:
 
18    (765 ILCS 1026/15-705)
19    Sec. 15-705. Exceptions to the sale of tangible property.
20The administrator shall dispose of tangible property
21identified by this Section in accordance with this Section.
22    (a) Military medals or decorations. The administrator may
23not sell a medal or decoration awarded for military service in
24the armed forces of the United States. Instead, the

 

 

HB4376- 431 -LRB102 21797 RLC 30917 b

1administrator, with the consent of the respective organization
2under paragraph (1), agency under paragraph (2), or entity
3under paragraph (3), may deliver a medal or decoration to be
4held in custody for the owner, to:
5        (1) a military veterans organization qualified under
6    Section 501(c)(19) of the Internal Revenue Code;
7        (2) the agency that awarded the medal or decoration;
8    or
9        (3) a governmental entity.
10    After delivery, the administrator is not responsible for
11the safekeeping of the medal or decoration.
12    (b) Property with historical value. Property that the
13administrator reasonably believes may have historical value
14may be, at his or her discretion, loaned to an accredited
15museum in the United States where it will be kept until such
16time as the administrator orders it to be returned to his or
17her custody.
18    (c) Human remains. If human remains are delivered to the
19administrator under this Act, the administrator shall deliver
20those human remains to the coroner of the county in which the
21human remains were abandoned for disposition under Section
223-3034 of the Counties Code. The only human remains that may be
23delivered to the administrator under this Act and that the
24administrator may receive are those that are reported and
25delivered as contents of a safe deposit box.
26    (d) Evidence in a criminal investigation. Property that

 

 

HB4376- 432 -LRB102 21797 RLC 30917 b

1may have been used in the commission of a crime or that may
2assist in the investigation of a crime, as determined after
3consulting with the Illinois State Police, shall be delivered
4to the Illinois State Police or other appropriate law
5enforcement authority to allow law enforcement to determine
6whether a criminal investigation should take place. Any such
7property delivered to a law enforcement authority shall be
8held in accordance with existing statutes and rules related to
9the gathering, retention, and release of evidence.
10    (e) Firearms.
11        (1) The administrator, in cooperation with the
12    Illinois State Police, shall develop a procedure to
13    determine whether a firearm delivered to the administrator
14    under this Act has been stolen or used in the commission of
15    a crime. The Illinois State Police shall determine the
16    appropriate disposition of a firearm that has been stolen
17    or used in the commission of a crime. The administrator
18    shall attempt to return a firearm that has not been stolen
19    or used in the commission of a crime to the rightful owner
20    if the Illinois State Police determines that the owner may
21    lawfully possess the firearm.
22        (2) If the administrator is unable to return a firearm
23    to its owner, the administrator shall transfer custody of
24    the firearm to the Illinois State Police. Legal title to a
25    firearm transferred to the Illinois State Police under
26    this subsection (e) is vested in the Illinois State Police

 

 

HB4376- 433 -LRB102 21797 RLC 30917 b

1    by operation of law if:
2            (i) the administrator cannot locate the owner of
3        the firearm;
4            (ii) the owner of the firearm may not lawfully
5        possess the firearm;
6            (iii) the apparent owner does not respond to
7        notice published under Section 15-503 of this Act; or
8            (iv) the apparent owner responds to notice
9        published under Section 15-502 and states that he or
10        she no longer claims an interest in the firearm.
11        (3) With respect to a firearm whose title is
12    transferred to the Illinois State Police under this
13    subsection (e), the Illinois State Police may:
14            (i) retain the firearm for use by the crime
15        laboratory system, for training purposes, or for any
16        other application as deemed appropriate by the
17        Department;
18            (ii) transfer the firearm to the Illinois State
19        Museum if the firearm has historical value; or
20            (iii) destroy the firearm if it is not retained
21        pursuant to subparagraph (i) or transferred pursuant
22        to subparagraph (ii).
23    As used in this subsection, "firearm" has the meaning
24provided in Section 2-7.5 of the Criminal Code of 2012 the
25Firearm Owners Identification Card Act.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB4376- 434 -LRB102 21797 RLC 30917 b

1    Section 195. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.

 

 

HB4376- 435 -LRB102 21797 RLC 30917 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 140/7.5
5    5 ILCS 830/10-5
6    5 ILCS 840/40
7    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
8    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
9    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
10    20 ILCS 2605/2605-595
11    20 ILCS 2605/2605-120 rep.
12    20 ILCS 2605/2605-304 rep.
13    20 ILCS 2630/2.2
14    20 ILCS 3930/7.9
15    30 ILCS 105/6z-99
16    30 ILCS 715/3from Ch. 56 1/2, par. 1703
17    50 ILCS 710/1from Ch. 85, par. 515
18    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
19    105 ILCS 5/10-27.1A
20    105 ILCS 5/34-8.05
21    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
22    225 ILCS 447/35-30
23    225 ILCS 447/35-35
24    405 ILCS 5/6-103.1
25    405 ILCS 5/6-103.2

 

 

HB4376- 436 -LRB102 21797 RLC 30917 b

1    405 ILCS 5/6-103.3
2    410 ILCS 45/2from Ch. 111 1/2, par. 1302
3    430 ILCS 65/Act rep.
4    430 ILCS 66/25
5    430 ILCS 66/30
6    430 ILCS 66/40
7    430 ILCS 66/66
8    430 ILCS 66/70
9    430 ILCS 66/80
10    430 ILCS 66/105
11    430 ILCS 67/35
12    430 ILCS 67/40
13    430 ILCS 68/5-20
14    430 ILCS 68/5-25
15    430 ILCS 68/5-40
16    430 ILCS 68/5-85
17    520 ILCS 5/3.2from Ch. 61, par. 3.2
18    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
19    720 ILCS 5/2-7.1
20    720 ILCS 5/2-7.5
21    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
22    720 ILCS 5/16-0.1
23    720 ILCS 5/17-30was 720 ILCS 5/16C-2
24    720 ILCS 5/24-1from Ch. 38, par. 24-1
25    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
26    720 ILCS 5/24-1.6

 

 

HB4376- 437 -LRB102 21797 RLC 30917 b

1    720 ILCS 5/24-1.8
2    720 ILCS 5/24-2
3    720 ILCS 5/24-3from Ch. 38, par. 24-3
4    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
5    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
6    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
7    720 ILCS 5/24-3.5
8    720 ILCS 5/24-3B
9    720 ILCS 5/24-4.1
10    720 ILCS 5/24-4.5 new
11    720 ILCS 5/24-9
12    720 ILCS 646/10
13    725 ILCS 5/102-7.1
14    725 ILCS 5/110-10from Ch. 38, par. 110-10
15    725 ILCS 5/112A-11.1
16    725 ILCS 5/112A-11.2
17    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
18    725 ILCS 5/112A-14.7
19    730 ILCS 5/5-4.5-110
20    730 ILCS 5/5-5-3
21    730 ILCS 5/5-5-3.2
22    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
23    740 ILCS 21/80
24    740 ILCS 110/12from Ch. 91 1/2, par. 812
25    750 ILCS 60/210from Ch. 40, par. 2312-10
26    750 ILCS 60/214from Ch. 40, par. 2312-14

 

 

HB4376- 438 -LRB102 21797 RLC 30917 b

1    765 ILCS 1025/1from Ch. 141, par. 101
2    765 ILCS 1026/15-705