102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1948

 

Introduced 2/26/2021, by Sen. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB102 15817 RLC 21185 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1948LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    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        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of
25    an eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

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

 

 

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

 

 

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1    the Cannabis Regulation and Tax Act.
2        (ss) Data reported by an employer to the Department of
3    Human Rights pursuant to Section 2-108 of the Illinois
4    Human Rights Act.
5        (tt) Recordings made under the Children's Advocacy
6    Center Act, except to the extent authorized under that
7    Act.
8        (uu) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10        (vv) Information that is exempt from disclosure under
11    subsections (f) and (j) of Section 5-36 of the Illinois
12    Public Aid Code.
13        (ww) Information that is exempt from disclosure under
14    Section 16.8 of the State Treasurer Act.
15        (xx) Information that is exempt from disclosure or
16    information that shall not be made public under the
17    Illinois Insurance Code.
18        (yy) Information prohibited from being disclosed under
19    the Illinois Educational Labor Relations Act.
20        (zz) Information prohibited from being disclosed under
21    the Illinois Public Labor Relations Act.
22        (aaa) Information prohibited from being disclosed
23    under Section 1-167 of the Illinois Pension Code.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

 

 

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1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
 
8    Section 10. The Department of State Police Law of the
9Civil Administrative Code of Illinois is amended by changing
10Sections 2605-45, 2605-300, and 2605-595 as follows:
 
11    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
12    Sec. 2605-45. Division of Justice Services. The Division
13of Justice Services shall exercise the following functions:
14        (1) (Blank).
15        (2) Pursue research and the publication of studies
16    pertaining to local law enforcement activities.
17        (3) (Blank).
18        (4) Operate an electronic data processing and computer
19    center for the storage and retrieval of data pertaining to
20    criminal activity.
21        (5) Exercise the rights, powers, and duties vested in
22    the former Division of State Troopers by Section 17 of the
23    State Police Act.
24        (6) (Blank).

 

 

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1        (6.5) (Blank). Exercise the rights, powers, and duties
2    vested in the Department by the Firearm Owners
3    Identification Card Act.
4        (7) Exercise other duties that may be assigned by the
5    Director to fulfill the responsibilities and achieve the
6    purposes of the Department.
7        (8) Exercise the rights, powers, and duties vested by
8    law in the Department by the Criminal Identification Act.
9(Source: P.A. 101-378, eff. 1-1-20.)
 
10    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
11    Sec. 2605-300. Records; crime laboratories; personnel. To
12do the following:
13        (1) Be a central repository and custodian of criminal
14    statistics for the State.
15        (2) Be a central repository for criminal history
16    record information.
17        (3) Procure and file for record information that is
18    necessary and helpful to plan programs of crime
19    prevention, law enforcement, and criminal justice.
20        (4) Procure and file for record copies of fingerprints
21    that may be required by law.
22        (5) Establish general and field crime laboratories.
23        (6) Register and file for record information that may
24    be required by law for the issuance of firearm owner's
25    identification cards under the Firearm Owners

 

 

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

 

 

SB1948- 12 -LRB102 15817 RLC 21185 b

1the improved efficiency and reporting of the LEADS and federal
2NICS law enforcement data systems, and support for
3investigations required under that Act these Acts and law. Any
4surplus funds beyond what is needed to comply with the
5aforementioned purposes shall be used by the Department to
6improve the Law Enforcement Agencies Data System (LEADS) and
7criminal history background check system.
8    (c) Investment income that is attributable to the
9investment of moneys in the Fund shall be retained in the Fund
10for the uses specified in this Section.
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
12    (20 ILCS 2605/2605-120 rep.)
13    Section 15. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by repealing
15Section 2605-120.
 
16    Section 20. The Criminal Identification Act is amended by
17changing Section 2.2 as follows:
 
18    (20 ILCS 2630/2.2)
19    Sec. 2.2. Notification to the Department. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, pursuant
23to Section 112A-11.1 of the Code of Criminal Procedure of

 

 

SB1948- 13 -LRB102 15817 RLC 21185 b

11963, to be subject to the prohibitions of 18 U.S.C.
2922(g)(9), the circuit court clerk shall include notification
3and a copy of the written determination in a report of the
4conviction to the Department of State Police Firearm Owner's
5Identification Card Office to enable the Department office to
6perform its duties under the Firearm Concealed Carry Act and
7Sections 4 and 8 of the Firearm Owners Identification Card Act
8and to report that determination to the Federal Bureau of
9Investigation to assist the Federal Bureau of Investigation in
10identifying persons prohibited from purchasing and possessing
11a firearm pursuant to the provisions of 18 U.S.C. 922. The
12written determination described in this Section shall be
13included in the defendant's record of arrest and conviction in
14the manner and form prescribed by the Department of State
15Police.
16(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
17    Section 25. The State Finance Act is amended by changing
18Section 6z-99 as follows:
 
19    (30 ILCS 105/6z-99)
20    Sec. 6z-99. The Mental Health Reporting Fund.
21    (a) There is created in the State treasury a special fund
22known as the Mental Health Reporting Fund. The Fund shall
23receive revenue under the Firearm Concealed Carry Act. The
24Fund may also receive revenue from grants, pass-through

 

 

SB1948- 14 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 15 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 16 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 17 -LRB102 15817 RLC 21185 b

1pupils guilty of gross disobedience or misconduct on the
2school bus from riding the school bus, pursuant to subsections
3(b-15) and (b-20) of this Section, and no action shall lie
4against them for such suspension. The board may by policy
5authorize the superintendent of the district or the principal,
6assistant principal, or dean of students of any school to
7suspend pupils guilty of such acts for a period not to exceed
810 school days. If a pupil is suspended due to gross
9disobedience or misconduct on a school bus, the board may
10suspend the pupil in excess of 10 school days for safety
11reasons.
12    Any suspension shall be reported immediately to the
13parents or guardian of a pupil along with a full statement of
14the reasons for such suspension and a notice of their right to
15a review. The school board must be given a summary of the
16notice, including the reason for the suspension and the
17suspension length. Upon request of the parents or guardian,
18the school board or a hearing officer appointed by it shall
19review such action of the superintendent or principal,
20assistant principal, or dean of students. At such review, the
21parents or guardian of the pupil may appear and discuss the
22suspension with the board or its hearing officer. If a hearing
23officer is appointed by the board, he shall report to the board
24a written summary of the evidence heard at the meeting. After
25its hearing or upon receipt of the written report of its
26hearing officer, the board may take such action as it finds

 

 

SB1948- 18 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 19 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 20 -LRB102 15817 RLC 21185 b

1available behavioral and disciplinary interventions have been
2exhausted" shall be made by school officials. School officials
3shall make all reasonable efforts to resolve such threats,
4address such disruptions, and minimize the length of student
5exclusions to the greatest extent practicable. Within the
6suspension decision described in subsection (b) of this
7Section or the expulsion decision described in subsection (a)
8of this Section, it shall be documented whether other
9interventions were attempted or whether it was determined that
10there were no other appropriate and available interventions.
11    (b-25) Students who are suspended out-of-school for longer
12than 4 school days shall be provided appropriate and available
13support services during the period of their suspension. For
14purposes of this subsection (b-25), "appropriate and available
15support services" shall be determined by school authorities.
16Within the suspension decision described in subsection (b) of
17this Section, it shall be documented whether such services are
18to be provided or whether it was determined that there are no
19such appropriate and available services.
20    A school district may refer students who are expelled to
21appropriate and available support services.
22    A school district shall create a policy to facilitate the
23re-engagement of students who are suspended out-of-school,
24expelled, or returning from an alternative school setting.
25    (b-30) A school district shall create a policy by which
26suspended pupils, including those pupils suspended from the

 

 

SB1948- 21 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

SB1948- 24 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 25 -LRB102 15817 RLC 21185 b

1    (i) A student may not be issued a monetary fine or fee as a
2disciplinary consequence, though this shall not preclude
3requiring a student to provide restitution for lost, stolen,
4or damaged property.
5    (j) Subsections (a) through (i) of this Section shall
6apply to elementary and secondary schools, charter schools,
7special charter districts, and school districts organized
8under Article 34 of this Code.
9    (k) The expulsion of children enrolled in programs funded
10under Section 1C-2 of this Code is subject to the requirements
11under paragraph (7) of subsection (a) of Section 2-3.71 of
12this Code.
13    (l) Beginning with the 2018-2019 school year, an in-school
14suspension program provided by a school district for any
15students in kindergarten through grade 12 may focus on
16promoting non-violent conflict resolution and positive
17interaction with other students and school personnel. A school
18district may employ a school social worker or a licensed
19mental health professional to oversee an in-school suspension
20program in kindergarten through grade 12.
21(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
22100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
237-12-19.)
 
24    (105 ILCS 5/10-27.1A)
25    Sec. 10-27.1A. Firearms in schools.

 

 

SB1948- 26 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 27 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 28 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 29 -LRB102 15817 RLC 21185 b

1property comprising any school.
2(Source: P.A. 97-1150, eff. 1-25-13.)
 
3    (105 ILCS 5/34-8.05)
4    Sec. 34-8.05. Reporting firearms in schools. On or after
5January 1, 1997, upon receipt of any written, electronic, or
6verbal report from any school personnel regarding a verified
7incident involving a firearm in a school or on school owned or
8leased property, including any conveyance owned, leased, or
9used by the school for the transport of students or school
10personnel, the general superintendent or his or her designee
11shall report all such firearm-related incidents occurring in a
12school or on school property to the local law enforcement
13authorities no later than 24 hours after the occurrence of the
14incident and to the Department of State Police in a form,
15manner, and frequency as prescribed by the Department of State
16Police.
17    The State Board of Education shall receive an annual
18statistical compilation and related data associated with
19incidents involving firearms in schools from the Department of
20State Police. As used in this Section, the term "firearm"
21shall have the meaning ascribed to it in Section 2-7.5 of the
22Criminal Code of 2012 1.1 of the Firearm Owners Identification
23Card Act.
24(Source: P.A. 89-498, eff. 6-27-96.)
 

 

 

SB1948- 30 -LRB102 15817 RLC 21185 b

1    Section 40. The Illinois Explosives Act is amended by
2changing Section 2005 as follows:
 
3    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
4    Sec. 2005. Qualifications for licensure.
5    (a) No person shall qualify to hold a license who:
6        (1) is under 21 years of age;
7        (2) has been convicted in any court of a crime
8    punishable by imprisonment for a term exceeding one year;
9        (3) is under indictment for a crime punishable by
10    imprisonment for a term exceeding one year;
11        (4) is a fugitive from justice;
12        (5) is an unlawful user of or addicted to any
13    controlled substance as defined in Section 6-103.1 of the
14    Mental Health and Developmental Disabilities Code 102 of
15    the federal Controlled Substances Act (21 U.S.C. Sec. 802
16    et seq.);
17        (6) has been adjudicated a person with a mental
18    disability as defined in Section 1.1 of the Firearm Owners
19    Identification Card Act; or
20        (7) is not a legal citizen of the United States or
21    lawfully admitted for permanent residence.
22    (b) A person who has been granted a "relief from
23disabilities" regarding criminal convictions and indictments,
24pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
25845) may receive a license provided all other qualifications

 

 

SB1948- 31 -LRB102 15817 RLC 21185 b

1under this Act are met.
2(Source: P.A. 101-541, eff. 8-23-19.)
 
3    Section 45. The Private Detective, Private Alarm, Private
4Security, and Locksmith Act of 2004 is amended by changing
5Sections 35-30 and 35-35 as follows:
 
6    (225 ILCS 447/35-30)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 35-30. Employee requirements. All employees of a
9licensed agency, other than those exempted, shall apply for a
10permanent employee registration card. The holder of an agency
11license issued under this Act, known in this Section as
12"employer", may employ in the conduct of his or her business
13employees under the following provisions:
14    (a) No person shall be issued a permanent employee
15registration card who:
16        (1) Is younger than 18 years of age.
17        (2) Is younger than 21 years of age if the services
18    will include being armed.
19        (3) Has been determined by the Department to be unfit
20    by reason of conviction of an offense in this or another
21    state, including registration as a sex offender, but not
22    including a traffic offense. Persons convicted of felonies
23    involving bodily harm, weapons, violence, or theft within
24    the previous 10 years shall be presumed to be unfit for

 

 

SB1948- 32 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 33 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 34 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 35 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 36 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 37 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 38 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 39 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 40 -LRB102 15817 RLC 21185 b

1    An agency may not employ a person in a temporary capacity
2if it knows or reasonably should have known that the person has
3been convicted of a crime under the laws of this State, has
4been convicted in another state of any crime that is a crime
5under the laws of this State, has been convicted of any crime
6in a federal court, or has been posted as an unapproved
7applicant by the Department. Notice by the Department to the
8agency, via certified mail, personal delivery, electronic
9mail, or posting on the Department's Internet site accessible
10to the agency that the person has been convicted of a crime
11shall be deemed constructive knowledge of the conviction on
12the part of the agency. The Department may adopt rules to
13implement this subsection (k).
14    (l) No person may be employed under this Section in any
15capacity if:
16        (1) the person, while so employed, is being paid by
17    the United States or any political subdivision for the
18    time so employed in addition to any payments he or she may
19    receive from the employer; or
20        (2) the person wears any portion of his or her
21    official uniform, emblem of authority, or equipment while
22    so employed.
23    (m) If information is discovered affecting the
24registration of a person whose fingerprints were submitted
25under this Section, the Department shall so notify the agency
26that submitted the fingerprints on behalf of that person.

 

 

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

 

 

SB1948- 42 -LRB102 15817 RLC 21185 b

1    (225 ILCS 447/35-35)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35-35. Requirement of a firearm control card.
4    (a) No person shall perform duties that include the use,
5carrying, or possession of a firearm in the performance of
6those duties without complying with the provisions of this
7Section and having been issued a valid firearm control card by
8the Department.
9    (b) No employer shall employ any person to perform the
10duties for which licensure or employee registration is
11required and allow that person to carry a firearm unless that
12person has complied with all the firearm training requirements
13of this Section and has been issued a firearm control card.
14This Act permits only the following to carry firearms while
15actually engaged in the performance of their duties or while
16commuting directly to or from their places of employment:
17persons licensed as private detectives and their registered
18employees; persons licensed as private security contractors
19and their registered employees; persons licensed as private
20alarm contractors and their registered employees; and
21employees of a registered armed proprietary security force.
22    (c) Possession of a valid firearm control card allows a
23licensee or employee to carry a firearm not otherwise
24prohibited by law while the licensee or employee is engaged in
25the performance of his or her duties or while the licensee or

 

 

SB1948- 43 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 44 -LRB102 15817 RLC 21185 b

1this Act. The Department shall refuse to issue or shall revoke
2a firearm control card if the applicant or holder is
3prohibited under State or federal law from possessing a
4firearm fails to possess a valid firearm owners identification
5card without hearing. The Secretary shall summarily suspend a
6firearm control card if the Secretary finds that its continued
7use would constitute an imminent danger to the public. A
8hearing shall be held before the Board within 30 days if the
9Secretary summarily suspends a firearm control card.
10    (g) Notwithstanding any other provision of this Act to the
11contrary, all requirements relating to firearms control cards
12do not apply to a peace officer. If an individual ceases to be
13employed as a peace officer and continues to perform services
14in an armed capacity under this Act that are licensed
15activities, then the individual is required to obtain a
16permanent employee registration card pursuant to Section 35-30
17of this Act and must possess a valid Firearm Owner's
18Identification Card, but is not required to obtain a firearm
19control card if the individual is otherwise in continuing
20compliance with the federal Law Enforcement Officers Safety
21Act of 2004. If an individual elects to carry a firearm
22pursuant to the federal Law Enforcement Officers Safety Act of
232004, then the agency employing the officer is required to
24submit a notice of that election to the Department along with a
25fee specified by rule.
26    (h) The Department may issue a temporary firearm control

 

 

SB1948- 45 -LRB102 15817 RLC 21185 b

1card pending issuance of a new firearm control card upon an
2agency's acquiring of an established armed account. An agency
3that has acquired armed employees as a result of acquiring an
4established armed account may, on forms supplied by the
5Department, request the issuance of a temporary firearm
6control card for each acquired employee who held a valid
7firearm control card under his or her employment with the
8newly acquired established armed account immediately preceding
9the acquiring of the account and who continues to meet all of
10the qualifications for issuance of a firearm control card set
11forth in this Act and any rules adopted under this Act. The
12Department shall, by rule, set the fee for issuance of a
13temporary firearm control card.
14    (i) The Department shall not issue a firearm control card
15to a licensed fingerprint vendor or a licensed locksmith or
16employees of a licensed fingerprint vendor agency or a
17licensed locksmith agency.
18(Source: P.A. 100-712, eff. 8-3-18.)
 
19    Section 50. The Mental Health and Developmental
20Disabilities Code is amended by changing Sections 6-103.1,
216-103.2, and 6-103.3 as follows:
 
22    (405 ILCS 5/6-103.1)
23    Sec. 6-103.1. Adjudication as a person with a mental
24disability. When a person has been adjudicated as a person

 

 

SB1948- 46 -LRB102 15817 RLC 21185 b

1with a mental disability as defined in Section 1.1 of the
2Firearm Owners Identification Card Act, including, but not
3limited to, an adjudication as a person with a disability as
4defined in Section 11a-2 of the Probate Act of 1975, the court
5shall direct the circuit court clerk to notify the Department
6of State Police, Firearm Owner's Identification (FOID) Office,
7in a form and manner prescribed by the Department of State
8Police, and shall forward a copy of the court order to the
9Department no later than 7 days after the entry of the order.
10Upon receipt of the order, the Department of State Police
11shall provide notification to the National Instant Criminal
12Background Check System. In this Section, "has been
13adjudicated as a mentally disabled person" means the person is
14the subject of a determination by a court, board, commission,
15or other lawful authority that the person, as a result of
16marked subnormal intelligence, or mental illness, mental
17impairment, incompetency, condition, or disease:
18        (1) presents a clear and present danger to himself,
19    herself, or to others;
20        (2) lacks the mental capacity to manage his or her own
21    affairs or is adjudicated a disabled person as defined in
22    Section 11a-2 of the Probate Act of 1975;
23        (3) is not guilty in a criminal case by reason of
24    insanity, mental disease or defect;
25        (3.5) is guilty but mentally ill, as provided in
26    Section 5-2-6 of the Unified Code of Corrections;

 

 

SB1948- 47 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 48 -LRB102 15817 RLC 21185 b

1    (405 ILCS 5/6-103.2)
2    Sec. 6-103.2. Developmental disability; notice. If a
3person 14 years old or older is determined to be a person with
4a developmental disability by a physician, clinical
5psychologist, or qualified examiner, the physician, clinical
6psychologist, or qualified examiner shall notify the
7Department of Human Services within 7 days of making the
8determination that the person has a developmental disability.
9The Department of Human Services shall immediately update its
10records and information relating to mental health and
11developmental disabilities, and if appropriate, shall notify
12the Department of State Police in a form and manner prescribed
13by the Department of State Police. Information disclosed under
14this Section shall remain privileged and confidential, and
15shall not be redisclosed, except as required under clause
16(e)(2) of Section 24-4.5 of the Criminal Code of 2012
17subsection (e) of Section 3.1 of the Firearm Owners
18Identification Card Act, nor used for any other purpose. The
19method of providing this information shall guarantee that the
20information is not released beyond that which is necessary for
21the purpose of this Section and shall be provided by rule by
22the Department of Human Services. The identity of the person
23reporting under this Section shall not be disclosed to the
24subject of the report.
25    The physician, clinical psychologist, or qualified
26examiner making the determination and his or her employer may

 

 

SB1948- 49 -LRB102 15817 RLC 21185 b

1not be held criminally, civilly, or professionally liable for
2making or not making the notification required under this
3Section, except for willful or wanton misconduct.
4    In this Section, "developmentally disabled" has the
5meaning ascribed to it in Section 12 of the Mental Health and
6Developmental Disabilities Confidentiality Act.
7    In For purposes of this Section, "developmental
8disability" means a disability which is attributable to any
9other condition which results in impairment similar to that
10caused by an intellectual disability and which requires
11services similar to those required by intellectually disabled
12persons. The disability must originate before the age of 18
13years, be expected to continue indefinitely, and constitute a
14substantial disability. This disability results, in the
15professional opinion of a physician, clinical psychologist, or
16qualified examiner, in significant functional limitations in 3
17or more of the following areas of major life activity:
18        (i) self-care;
19        (ii) receptive and expressive language;
20        (iii) learning;
21        (iv) mobility; or
22        (v) self-direction.
23    "Determined to be a person with a developmental disability
24by a physician, clinical psychologist, or qualified examiner"
25means in the professional opinion of the physician, clinical
26psychologist, or qualified examiner, a person is diagnosed,

 

 

SB1948- 50 -LRB102 15817 RLC 21185 b

1assessed, or evaluated as having a developmental disability.
2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
3eff. 7-27-15; 99-642, eff. 7-28-16.)
 
4    (405 ILCS 5/6-103.3)
5    Sec. 6-103.3. Clear and present danger; notice. If a
6person is determined to pose a clear and present danger to
7himself, herself, or to others by a physician, clinical
8psychologist, or qualified examiner, whether employed by the
9State, by any public or private mental health facility or part
10thereof, or by a law enforcement official or a school
11administrator, then the physician, clinical psychologist,
12qualified examiner shall notify the Department of Human
13Services and a law enforcement official or school
14administrator shall notify the Department of State Police,
15within 24 hours of making the determination that the person
16poses a clear and present danger. The Department of Human
17Services shall immediately update its records and information
18relating to mental health and developmental disabilities, and
19if appropriate, shall notify the Department of State Police in
20a form and manner prescribed by the Department of State
21Police. Information disclosed under this Section shall remain
22privileged and confidential, and shall not be redisclosed,
23except as required under clause (e)(2) of Section 24-4.5 of
24the Criminal Code of 2012 subsection (e) of Section 3.1 of the
25Firearm Owners Identification Card Act, nor used for any other

 

 

SB1948- 51 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 52 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 53 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 54 -LRB102 15817 RLC 21185 b

1percentage of housing determined as rental or vacant,
2proximity to industry using lead, established incidence of
3elevated blood lead levels in children, percentage of
4population living below 200% of federal poverty guidelines,
5and number of children residing in the area who are 6 years of
6age or younger.
7    "Lead abatement" means any approved work practices that
8will permanently eliminate lead exposure or remove the
9lead-bearing substances in a regulated facility. The
10Department shall establish by rule which work practices are
11approved or prohibited for lead abatement.
12    "Lead abatement contractor" means any person or entity
13licensed by the Department to perform lead abatement and
14mitigation.
15    "Lead abatement supervisor" means any person employed by a
16lead abatement contractor and licensed by the Department to
17perform lead abatement and lead mitigation and to supervise
18lead workers who perform lead abatement and lead mitigation.
19    "Lead abatement worker" means any person employed by a
20lead abatement contractor and licensed by the Department to
21perform lead abatement and mitigation.
22    "Lead activities" means the conduct of any lead services,
23including, lead inspection, lead risk assessment, lead
24mitigation, or lead abatement work or supervision in a
25regulated facility.
26    "Lead-bearing substance" means any item containing or

 

 

SB1948- 55 -LRB102 15817 RLC 21185 b

1coated with lead such that the lead content is more than
2six-hundredths of one percent (0.06%) lead by total weight; or
3any dust on surfaces or in furniture or other nonpermanent
4elements of the regulated facility; or any paint or other
5surface coating material containing more than five-tenths of
6one percent (0.5%) lead by total weight (calculated as lead
7metal) in the total non-volatile content of liquid paint; or
8lead-bearing substances containing greater than one milligram
9per square centimeter or any lower standard for lead content
10in residential paint as may be established by federal law or
11rule; or more than 1 milligram per square centimeter in the
12dried film of paint or previously applied substance; or item
13or dust on item containing lead in excess of the amount
14specified in the rules authorized by this Act or a lower
15standard for lead content as may be established by federal law
16or rule. "Lead-bearing substance" does not include firearm
17ammunition or components as defined by Section 2-7.1 of the
18Criminal Code of 2012 the Firearm Owners Identification Card
19Act.
20    "Lead hazard" means a lead-bearing substance that poses an
21immediate health hazard to humans.
22    "Lead hazard screen" means a lead risk assessment that
23involves limited dust and paint sampling for lead-bearing
24substances and lead hazards. This service is used as a
25screening tool designed to determine if further lead
26investigative services are required for the regulated

 

 

SB1948- 56 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 57 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 58 -LRB102 15817 RLC 21185 b

1surrounding property or structures.
2(Source: P.A. 100-723, eff. 1-1-19.)
 
3    (430 ILCS 65/Act rep.)
4    Section 60. The Firearm Owners Identification Card Act is
5repealed.
 
6    Section 65. The Firearm Concealed Carry Act is amended by
7changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
8    (430 ILCS 66/25)
9    Sec. 25. Qualifications for a license.
10    The Department shall issue a license to an applicant
11completing an application in accordance with Section 30 of
12this Act if the person:
13        (1) is at least 21 years of age;
14        (2) has a currently valid Firearm Owner's
15    Identification Card and at the time of application meets
16    the requirements for the issuance of a Firearm Owner's
17    Identification Card and is not prohibited under State or
18    the Firearm Owners Identification Card Act or federal law
19    from possessing or receiving a firearm;
20        (3) has not been convicted or found guilty in this
21    State or in any other state of:
22            (A) a misdemeanor involving the use or threat of
23        physical force or violence to any person within the 5

 

 

SB1948- 59 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 60 -LRB102 15817 RLC 21185 b

1in bold type: "Warning: Entering false information on this
2form is punishable as perjury under Section 32-2 of the
3Criminal Code of 2012."
4    (b) The application shall contain the following:
5        (1) the applicant's name, current address, date and
6    year of birth, place of birth, height, weight, hair color,
7    eye color, maiden name or any other name the applicant has
8    used or identified with, and any address where the
9    applicant resided for more than 30 days within the 10
10    years preceding the date of the license application;
11        (2) the applicant's valid driver's license number or
12    valid state identification card number;
13        (3) a waiver of the applicant's privacy and
14    confidentiality rights and privileges under all federal
15    and state laws, including those limiting access to
16    juvenile court, criminal justice, psychological, or
17    psychiatric records or records relating to any
18    institutionalization of the applicant, and an affirmative
19    request that a person having custody of any of these
20    records provide it or information concerning it to the
21    Department. The waiver only applies to records sought in
22    connection with determining whether the applicant
23    qualifies for a license to carry a concealed firearm under
24    this Act, or whether the applicant remains in compliance
25    with the Firearm Owners Identification Card Act;
26        (4) an affirmation that the applicant is not

 

 

SB1948- 61 -LRB102 15817 RLC 21185 b

1    prohibited under State or federal law from possessing or
2    receiving a firearm possesses a currently valid Firearm
3    Owner's Identification Card and card number if possessed
4    or notice the applicant is applying for a Firearm Owner's
5    Identification Card in conjunction with the license
6    application;
7        (5) an affirmation that the applicant has not been
8    convicted or found guilty of:
9            (A) a felony;
10            (B) 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 application; or
13            (C) 2 or more violations related to driving while
14        under the influence of alcohol, other drug or drugs,
15        intoxicating compound or compounds, or any combination
16        thereof, within the 5 years preceding the date of the
17        license application; and
18        (6) whether the applicant has failed a drug test for a
19    drug for which the applicant did not have a prescription,
20    within the previous year, and if so, the provider of the
21    test, the specific substance involved, and the date of the
22    test;
23        (7) written consent for the Department to review and
24    use the applicant's Illinois digital driver's license or
25    Illinois identification card photograph and signature;
26        (8) a full set of fingerprints submitted to the

 

 

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1    Department in electronic format, provided the Department
2    may accept an application submitted without a set of
3    fingerprints in which case the Department shall be granted
4    30 days in addition to the 90 days provided under
5    subsection (e) of Section 10 of this Act to issue or deny a
6    license;
7        (9) a head and shoulder color photograph in a size
8    specified by the Department taken within the 30 days
9    preceding the date of the license application; and
10        (10) a photocopy of any certificates or other evidence
11    of compliance with the training requirements under this
12    Act.
13(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
14    (430 ILCS 66/40)
15    Sec. 40. Non-resident license applications.
16    (a) For the purposes of this Section, "non-resident" means
17a person who has not resided within this State for more than 30
18days and resides in another state or territory.
19    (b) The Department shall by rule allow for non-resident
20license applications from any state or territory of the United
21States with laws related to firearm ownership, possession, and
22carrying, that are substantially similar to the requirements
23to obtain a license under this Act.
24    (c) A resident of a state or territory approved by the
25Department under subsection (b) of this Section may apply for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1convicted of a violation under this Section shall pay a $150
2fee to be deposited into the Mental Health Reporting Fund,
3plus any applicable court costs or fees.
4    (f) A licensee convicted or found guilty of a violation of
5this Act who has a valid license and is otherwise eligible to
6carry a concealed firearm shall only be subject to the
7penalties under this Section and shall not be subject to the
8penalties under Section 21-6, paragraph (4), (8), or (10) of
9subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
10of paragraph (3) of subsection (a) of Section 24-1.6 of the
11Criminal Code of 2012. Except as otherwise provided in this
12subsection, nothing in this subsection prohibits the licensee
13from being subjected to penalties for violations other than
14those specified in this Act.
15    (g) A licensee whose license is revoked, suspended, or
16denied shall, within 48 hours of receiving notice of the
17revocation, suspension, or denial, surrender his or her
18concealed carry license to the local law enforcement agency
19where the person resides. The local law enforcement agency
20shall provide the licensee a receipt and transmit the
21concealed carry license to the Department of State Police. If
22the licensee whose concealed carry license has been revoked,
23suspended, or denied fails to comply with the requirements of
24this subsection, the law enforcement agency where the person
25resides may petition the circuit court to issue a warrant to
26search for and seize the concealed carry license in the

 

 

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1possession and under the custody or control of the licensee
2whose concealed carry license has been revoked, suspended, or
3denied. The observation of a concealed carry license in the
4possession of a person whose license has been revoked,
5suspended, or denied constitutes a sufficient basis for the
6arrest of that person for violation of this subsection. A
7violation of this subsection is a Class A misdemeanor.
8    (h) (Blank). A license issued or renewed under this Act
9shall be revoked if, at any time, the licensee is found
10ineligible for a Firearm Owner's Identification Card, or the
11licensee no longer possesses a valid Firearm Owner's
12Identification Card. A licensee whose license is revoked under
13this subsection (h) shall surrender his or her concealed carry
14license as provided for in subsection (g) of this Section.
15    This subsection shall not apply to a person who has filed
16an application with the State Police for renewal of a Firearm
17Owner's Identification Card and who is not otherwise
18ineligible to obtain a Firearm Owner's Identification Card.
19    (i) A certified firearms instructor who knowingly provides
20or offers to provide a false certification that an applicant
21has completed firearms training as required under this Act is
22guilty of a Class A misdemeanor. A person guilty of a violation
23of this subsection (i) is not eligible for court supervision.
24The Department shall permanently revoke the firearms
25instructor certification of a person convicted under this
26subsection (i).

 

 

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1(Source: P.A. 100-607, eff. 1-1-19.)
 
2    (430 ILCS 66/80)
3    Sec. 80. Certified firearms instructors.
4    (a) Within 60 days of the effective date of this Act, the
5Department shall begin approval of certified firearms
6instructors and enter certified firearms instructors into an
7online registry on the Department's website.
8    (b) A person who is not a certified firearms instructor
9shall not teach applicant training courses or advertise or
10otherwise represent courses they teach as qualifying their
11students to meet the requirements to receive a license under
12this Act. Each violation of this subsection is a business
13offense with a fine of at least $1,000 per violation.
14    (c) A person seeking to become a certified firearms
15instructor shall:
16        (1) be at least 21 years of age;
17        (2) be a legal resident of the United States; and
18        (3) meet the requirements of Section 25 of this Act,
19    except for the Illinois residency requirement in item
20    (xiv) of paragraph (2) of subsection (a) of Section 4 of
21    the Firearm Owners Identification Card Act; and any
22    additional uniformly applied requirements established by
23    the Department.
24    (d) A person seeking to become a certified firearms
25instructor, in addition to the requirements of subsection (c)

 

 

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1of this Section, shall:
2        (1) possess a high school diploma or high school
3    equivalency certificate; and
4        (2) have at least one of the following valid firearms
5    instructor certifications:
6            (A) certification from a law enforcement agency;
7            (B) certification from a firearm instructor course
8        offered by a State or federal governmental agency;
9            (C) certification from a firearm instructor
10        qualification course offered by the Illinois Law
11        Enforcement Training Standards Board; or
12            (D) certification from an entity approved by the
13        Department that offers firearm instructor education
14        and training in the use and safety of firearms.
15    (e) A person may have his or her firearms instructor
16certification denied or revoked if he or she does not meet the
17requirements to obtain a license under this Act, provides
18false or misleading information to the Department, or has had
19a prior instructor certification revoked or denied by the
20Department.
21(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
2298-718, eff. 1-1-15.)
 
23    (430 ILCS 66/105)
24    Sec. 105. Duty of school administrator. It is the duty of
25the principal of a public elementary or secondary school, or

 

 

SB1948- 71 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

SB1948- 74 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

SB1948- 76 -LRB102 15817 RLC 21185 b

1court shall schedule a full hearing as soon as possible, but no
2longer than 14 days from the issuance of an ex parte firearms
3restraining order, to determine if a 6-month firearms
4restraining order shall be issued. The court may extend an ex
5parte order as needed, but not to exceed 14 days, to effectuate
6service of the order or if necessary to continue protection.
7The court may extend the order for a greater length of time by
8mutual agreement of the parties.
9(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
10    (430 ILCS 67/40)
11    Sec. 40. Six-month orders.
12    (a) A petitioner may request a 6-month firearms
13restraining order by filing an affidavit or verified pleading
14alleging that the respondent poses a significant danger of
15causing personal injury to himself, herself, or another in the
16near future by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm. The petition
18shall also describe the number, types, and locations of any
19firearms presently believed by the petitioner to be possessed
20or controlled by the respondent.
21    (b) If the respondent is alleged to pose a significant
22danger of causing personal injury to an intimate partner, or
23an intimate partner is alleged to have been the target of a
24threat or act of violence by the respondent, the petitioner
25shall make a good faith effort to provide notice to any and all

 

 

SB1948- 77 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 78 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 79 -LRB102 15817 RLC 21185 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, issue a search warrant
6directing a law enforcement agency to seize the respondent's
7firearms. The court may, as part of that warrant, direct the
8law enforcement agency to search the respondent's residence
9and other places where the court finds there is probable cause
10to believe he or she is likely to possess the firearms.
11    (h) A 6-month firearms restraining order shall require:
12        (1) the respondent to refrain from having in his or
13    her custody or control, purchasing, possessing, or
14    receiving additional firearms for the duration of the
15    order; and
16        (2) the respondent to turn over to the local law
17    enforcement agency any firearm or Firearm Owner's
18    Identification Card and concealed carry license in his or
19    her possession. The local law enforcement agency shall
20    immediately mail the card and concealed carry license to
21    the Department of State Police Firearm Services Bureau for
22    safekeeping. The firearm or firearms and Firearm Owner's
23    Identification Card and concealed carry license, if
24    unexpired, shall be returned to the respondent after the
25    firearms restraining order is terminated or expired.
26    (i) Except as otherwise provided in subsection (i-5) of

 

 

SB1948- 80 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 81 -LRB102 15817 RLC 21185 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.

 

 

SB1948- 82 -LRB102 15817 RLC 21185 b

1(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
2    Section 68. The Firearm Dealer License Certification Act
3is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
4follows:
 
5    (430 ILCS 68/5-20)
6    Sec. 5-20. Additional licensee requirements.
7    (a) A certified licensee shall make a photo copy of a
8buyer's or transferee's valid photo identification card
9whenever a firearm sale transaction takes place. The photo
10copy shall be attached to the documentation detailing the
11record of sale.
12    (b) A certified licensee shall post in a conspicuous
13position on the premises where the licensee conducts business
14a sign that contains the following warning in block letters
15not less than one inch in height:
16        "With few exceptions enumerated in the Criminal Code
17    of 2012 Firearm Owners Identification Card Act, it is
18    unlawful for you to:
19            (A) store or leave an unsecured firearm in a place
20        where a child can obtain access to it;
21            (B) sell or transfer your firearm to someone else
22        without receiving approval for the transfer from the
23        Department of State Police, or
24            (C) fail to report the loss or theft of your

 

 

SB1948- 83 -LRB102 15817 RLC 21185 b

1        firearm to local law enforcement within 72 hours.".
2This sign shall be created by the Department and made
3available for printing or downloading from the Department's
4website.
5    (c) No retail location established after the effective
6date of this Act shall be located within 500 feet of any
7school, pre-school, or day care facility in existence at its
8location before the retail location is established as measured
9from the nearest corner of the building holding the retail
10location to the corner of the school, pre-school, or day care
11facility building nearest the retail location at the time the
12retail location seeks licensure.
13(Source: P.A. 100-1178, eff. 1-18-19.)
 
14    (430 ILCS 68/5-25)
15    Sec. 5-25. Exemptions. The provisions of this Act related
16to the certification of a license do not apply to a person or
17entity that engages in the following activities:
18        (1) temporary transfers of firearms solely for use at
19    the location or on the premises where the transfer takes
20    place, such as transfers at a shooting range for use at
21    that location;
22        (2) temporary transfers of firearms solely for use
23    while in the presence of the transferor or transfers for
24    the purposes of firearm safety training by a firearms
25    safety training instructor;

 

 

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

 

 

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

 

 

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1of the certified licensee who sells or conducts transfers of
2firearms for the certified licensee is at least 21 years of
3age, has a currently valid Firearm Owner's Identification Card
4and, for a renewal, has completed the training required under
5Section 5-30. The affidavit must also contain the name and
6Firearm Owner's Identification Card number of each owner,
7employee, or other agent who sells or conducts transfers of
8firearms for the certified licensee. If an owner, employee, or
9other agent of the certified licensee is not otherwise a
10resident of this State, the certified licensee shall submit an
11affidavit stating that the owner, employee, or other agent has
12undergone a background check and is not prohibited from owning
13or possessing firearms.
14    (b) In addition to the affidavit required under subsection
15(a), within 30 days of a new owner, employee, or other agent
16beginning selling or conducting transfers of firearms for the
17certified licensee, the certified licensee shall submit an
18affidavit to the Department stating the date that the new
19owner, employee, or other agent began selling or conducting
20transfers of firearms for the certified licensee, and
21providing the information required in subsection (a) for that
22new owner, employee, or other agent.
23    (c) If a certified licensee has a license, certificate, or
24permit to sell, lease, transfer, purchase, or possess firearms
25issued by the federal government or the government of any
26state revoked or suspended for good cause within the preceding

 

 

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14 years, the Department may consider revoking or suspending
2the certified licenses in this State. In making a
3determination of whether or not to revoke or suspend a
4certified license in this State, the Department shall consider
5the number of retail locations the certified licensee or any
6related person or entity operates in this State or in other
7states under the same or different business names, and the
8severity of the infraction in the state in which a license was
9revoked or suspended.
10    (d) Applications and affidavits required under this
11Section are not subject to disclosure by the Department under
12the Freedom of Information Act.
13(Source: P.A. 100-1178, eff. 1-18-19.)
 
14    (430 ILCS 68/5-85)
15    Sec. 5-85. Disciplinary sanctions.
16    (a) For violations of this Act not penalized under Section
175-15, the Department may refuse to renew or restore, or may
18reprimand, place on probation, suspend, revoke, or take other
19disciplinary or non-disciplinary action against any licensee,
20and may impose a fine commensurate with the severity of the
21violation not to exceed $10,000 for each violation for any of
22the following, consistent with the Protection of Lawful
23Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
24        (1) Violations of this Act, or any law applicable to
25    the sale or transfer of firearms.

 

 

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

 

 

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

 

 

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

 

 

SB1948- 91 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 92 -LRB102 15817 RLC 21185 b

1abroad or mobilization by the President of the United States,
2the fee is one-half of the fee charged for a hunting license to
3hunt all species for a resident of Illinois. Veterans must
4provide to the Department, at one of the Department's 5
5regional offices, verification of their service. The
6Department shall establish what constitutes suitable
7verification of service for the purpose of issuing resident
8veterans hunting licenses at a reduced fee. The fee for a
9hunting license to hunt all species shall be $1 for residents
10over 75 years of age. Nonresidents shall be charged $57 for a
11hunting license.
12    Nonresidents may be issued a nonresident hunting license
13for a period not to exceed 10 consecutive days' hunting in the
14State and shall be charged a fee of $35.
15    A special nonresident hunting license authorizing a
16nonresident to take game birds by hunting on a game breeding
17and hunting preserve area only, established under Section
183.27, shall be issued upon proper application being made and
19payment of a fee equal to that for a resident hunting license.
20The expiration date of this license shall be on the same date
21each year that game breeding and hunting preserve area
22licenses expire.
23    Each applicant for a State Migratory Waterfowl Stamp,
24regardless of his residence or other condition, shall pay a
25fee of $15 and shall receive a stamp. The fee for a State
26Migratory Waterfowl Stamp shall be waived for residents over

 

 

SB1948- 93 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 94 -LRB102 15817 RLC 21185 b

1possession for immediate presentation for inspection to the
2officers and authorized employees of the Department, any
3sheriff, deputy sheriff, or any other peace officer making a
4demand for it. This provision shall not apply to Department
5owned or managed sites where it is required that all hunters
6deposit their license or , permit, or Firearm Owner's
7Identification Card at the check station upon entering the
8hunting areas.
9(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
10    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
11    Sec. 3.2a. Every person holding any license, permit or
12stamp issued under the provisions hereof shall have it in his
13possession for immediate presentation for inspection to the
14officers and authorized employees of the Department, any
15sheriff, deputy sheriff or any other peace officer making a
16demand for it. This provision shall not apply to Department
17owned or managed sites where it is required that all hunters
18deposit their license or , permit or Firearm Owner's
19Identification Card at the check station upon entering the
20hunting areas.
21(Source: P.A. 85-152.)
 
22    Section 75. The Criminal Code of 2012 is amended by
23changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2424-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

 

 

SB1948- 95 -LRB102 15817 RLC 21185 b

124-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
2follows:
 
3    (720 ILCS 5/2-7.1)
4    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
5"Firearm "Firearm" and "firearm ammunition" means any
6self-contained cartridge or shotgun shell, by whatever name
7known, which is designed to be used or adaptable to use in a
8firearm; excluding, however:
9    (1) any ammunition exclusively designed for use with a
10device used exclusively for signaling or safety and required
11or recommended by the United States Coast Guard or the
12Interstate Commerce Commission; and
13    (2) any ammunition designed exclusively for use with a
14stud or rivet driver or other similar industrial ammunition
15have the meanings ascribed to them in Section 1.1 of the
16Firearm Owners Identification Card Act.
17(Source: P.A. 91-544, eff. 1-1-00.)
 
18    (720 ILCS 5/2-7.5)
19    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
20specific Section, "firearm" means any device, by whatever name
21known, which is designed to expel a projectile or projectiles
22by the action of an explosion, expansion of gas or escape of
23gas; excluding, however:
24    (1) any pneumatic gun, spring gun, paint ball gun, or B-B

 

 

SB1948- 96 -LRB102 15817 RLC 21185 b

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

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability
3    or disfigurement.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability
10    or disfigurement to an individual whom the person knows to
11    be a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability
22    or disfigurement to an individual 60 years of age or
23    older.
24        (5) Strangles another individual.
25    (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

 

 

SB1948- 98 -LRB102 15817 RLC 21185 b

1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4        (1) causes great bodily harm or permanent disability
5    or disfigurement to any child under the age of 13 years, or
6    to any person with a severe or profound intellectual
7    disability; or
8        (2) causes bodily harm or disability or disfigurement
9    to any child under the age of 13 years or to any person
10    with a severe or profound intellectual disability.
11    (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19    (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23        (1) A person 60 years of age or older.
24        (2) A person who is pregnant or has a physical
25    disability.
26        (3) A teacher or school employee upon school grounds

 

 

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1    or grounds adjacent to a school or in any part of a
2    building used for school purposes.
3        (4) A peace officer, community policing volunteer,
4    fireman, private security officer, correctional
5    institution employee, or Department of Human Services
6    employee supervising or controlling sexually dangerous
7    persons or sexually violent persons:
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        (5) A judge, emergency management worker, emergency
14    medical services personnel, or utility worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (6) An officer or employee of the State of Illinois, a
21    unit of local government, or a school district, while
22    performing his or her official duties.
23        (7) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (8) A taxi driver on duty.
26        (9) A merchant who detains the person for an alleged

 

 

SB1948- 100 -LRB102 15817 RLC 21185 b

1    commission of retail theft under Section 16-26 of this
2    Code and the person without legal justification by any
3    means causes bodily harm to the merchant.
4        (10) A person authorized to serve process under
5    Section 2-202 of the Code of Civil Procedure or a special
6    process server appointed by the circuit court while that
7    individual is in the performance of his or her duties as a
8    process server.
9        (11) A nurse while in the performance of his or her
10    duties as a nurse.
11        (12) A merchant: (i) while performing his or her
12    duties, including, but not limited to, relaying directions
13    for healthcare or safety from his or her supervisor or
14    employer or relaying health or safety guidelines,
15    recommendations, regulations, or rules from a federal,
16    State, or local public health agency; and (ii) during a
17    disaster declared by the Governor, or a state of emergency
18    declared by the mayor of the municipality in which the
19    merchant is located, due to a public health emergency and
20    for a period of 6 months after such declaration.
21    (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24        (1) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to another person.

 

 

SB1948- 101 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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1    him or her to take, without his or her consent or by threat
2    or deception, and for other than medical purposes, any
3    intoxicating, poisonous, stupefying, narcotic,
4    anesthetic, or controlled substance, or gives to another
5    person any food containing any substance or object
6    intended to cause physical injury if eaten.
7        (3) Knowingly causes or attempts to cause a
8    correctional institution employee or Department of Human
9    Services employee to come into contact with blood, seminal
10    fluid, urine, or feces by throwing, tossing, or expelling
11    the fluid or material, and the person is an inmate of a
12    penal institution or is a sexually dangerous person or
13    sexually violent person in the custody of the Department
14    of Human Services.
15    (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17    Aggravated battery as defined in subdivision (a)(4),
18(d)(4), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21    Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain,
26motivated by an intent to increase or prolong the pain,

 

 

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

 

 

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1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13        (1) if the person committed the offense while armed
14    with a firearm, 15 years shall be added to the term of
15    imprisonment imposed by the court;
16        (2) if, during the commission of the offense, the
17    person personally discharged a firearm, 20 years shall be
18    added to the term of imprisonment imposed by the court;
19        (3) if, during the commission of the offense, the
20    person personally discharged a firearm that proximately
21    caused great bodily harm, permanent disability, permanent
22    disfigurement, or death to another person, 25 years or up
23    to a term of natural life shall be added to the term of
24    imprisonment imposed by the court.
25    (i) Definitions. In this Section:
26    "Building or other structure used to provide shelter" has

 

 

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1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3    "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet
10of such a building or other structure in the case of a person
11who is going to or from such a building or other structure.
12    "Firearm" has the meaning provided under Section 2-7.5 of
13this Code 1.1 of the Firearm Owners Identification Card Act,
14and does not include an air rifle as defined by Section
1524.8-0.1 of this Code.
16    "Machine gun" has the meaning ascribed to it in Section
1724-1 of this Code.
18    "Merchant" has the meaning ascribed to it in Section
1916-0.1 of this Code.
20    "Strangle" means intentionally impeding the normal
21breathing or circulation of the blood of an individual by
22applying pressure on the throat or neck of that individual or
23by blocking the nose or mouth of that individual.
24(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
25    (720 ILCS 5/16-0.1)

 

 

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1    Sec. 16-0.1. Definitions. In this Article, unless the
2context clearly requires otherwise, the following terms are
3defined as indicated:
4    "Access" means to use, instruct, communicate with, store
5data in, retrieve or intercept data from, or otherwise utilize
6any services of a computer.
7    "Coin-operated machine" includes any automatic vending
8machine or any part thereof, parking meter, coin telephone,
9coin-operated transit turnstile, transit fare box, coin
10laundry machine, coin dry cleaning machine, amusement machine,
11music machine, vending machine dispensing goods or services,
12or money changer.
13    "Communication device" means any type of instrument,
14device, machine, or equipment which is capable of
15transmitting, acquiring, decrypting, or receiving any
16telephonic, electronic, data, Internet access, audio, video,
17microwave, or radio transmissions, signals, communications, or
18services, including the receipt, acquisition, transmission, or
19decryption of all such communications, transmissions, signals,
20or services provided by or through any cable television, fiber
21optic, telephone, satellite, microwave, radio, Internet-based,
22data transmission, or wireless distribution network, system or
23facility; or any part, accessory, or component thereof,
24including any computer circuit, security module, smart card,
25software, computer chip, electronic mechanism or other
26component, accessory or part of any communication device which

 

 

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

 

 

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

 

 

SB1948- 111 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 112 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 113 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 114 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 115 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 116 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 117 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 118 -LRB102 15817 RLC 21185 b

1operating agents; any service furnished by an electric
2cooperative as defined in Section 3.4 of the Electric Supplier
3Act; or wireless service or other service regulated by the
4Federal Communications Commission.
5    "Publish" means to communicate or disseminate information
6to any one or more persons, either orally, in person, or by
7telephone, radio or television or in writing of any kind,
8including, without limitation, a letter or memorandum,
9circular or handbill, newspaper or magazine article or book.
10    "Radio frequency identification device" means any
11implement, computer file, computer disc, electronic device,
12computer hardware, computer software, or instrument that is
13used to activate, read, receive, or decode information stored
14on a RFID tag or transponder attached to a personal
15identification document.
16    "RFID tag or transponder" means a chip or device that
17contains personal identifying information from which the
18personal identifying information can be read or decoded by
19another device emitting a radio frequency that activates or
20powers a radio frequency emission response from the chip or
21transponder.
22    "Reencoder" means an electronic device that places encoded
23information from the magnetic strip or stripe of a payment
24card onto the magnetic strip or stripe of a different payment
25card.
26    "Retail mercantile establishment" means any place where

 

 

SB1948- 119 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 120 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 121 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 122 -LRB102 15817 RLC 21185 b

1    communication service provided by any communication
2    service provider.
3    "Vehicle" means a motor vehicle, motorcycle, or farm
4implement that is self-propelled and that uses motor fuel for
5propulsion.
6    "Wireless device" includes any type of instrument, device,
7machine, or equipment that is capable of transmitting or
8receiving telephonic, electronic or radio communications, or
9any part of such instrument, device, machine, or equipment, or
10any computer circuit, computer chip, electronic mechanism, or
11other component that is capable of facilitating the
12transmission or reception of telephonic, electronic, or radio
13communications.
14(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
151-1-12; 97-1109, eff. 1-1-13.)
 
16    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
17    Sec. 17-30. Defaced, altered, or removed manufacturer or
18owner identification number.
19    (a) Unlawful sale of household appliances. A person
20commits unlawful sale of household appliances when he or she
21knowingly, with the intent to defraud or deceive another,
22keeps for sale, within any commercial context, any household
23appliance with a missing, defaced, obliterated, or otherwise
24altered manufacturer's identification number.
25    (b) Construction equipment identification defacement. A

 

 

SB1948- 123 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 124 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 125 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 126 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 127 -LRB102 15817 RLC 21185 b

1    an invitee with that person's permission, any pistol,
2    revolver, stun gun or taser or other firearm, except that
3    this subsection (a) (4) does not apply to or affect
4    transportation of weapons that meet one of the following
5    conditions:
6            (i) are broken down in a non-functioning state; or
7            (ii) are not immediately accessible; or
8            (iii) are unloaded and enclosed in a case, firearm
9        carrying box, shipping box, or other container by a
10        person eligible under State and federal law to possess
11        a firearm who has been issued a currently valid
12        Firearm Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the
16        Firearm Concealed Carry Act; or
17        (5) Sets a spring gun; or
18        (6) Possesses any device or attachment of any kind
19    designed, used or intended for use in silencing the report
20    of any firearm; or
21        (7) Sells, manufactures, purchases, possesses or
22    carries:
23            (i) a machine gun, which shall be defined for the
24        purposes of this subsection as any weapon, which
25        shoots, is designed to shoot, or can be readily
26        restored to shoot, automatically more than one shot

 

 

SB1948- 128 -LRB102 15817 RLC 21185 b

1        without manually reloading by a single function of the
2        trigger, including the frame or receiver of any such
3        weapon, or sells, manufactures, purchases, possesses,
4        or carries any combination of parts designed or
5        intended for use in converting any weapon into a
6        machine gun, or any combination or parts from which a
7        machine gun can be assembled if such parts are in the
8        possession or under the control of a person;
9            (ii) any rifle having one or more barrels less
10        than 16 inches in length or a shotgun having one or
11        more barrels less than 18 inches in length or any
12        weapon made from a rifle or shotgun, whether by
13        alteration, modification, or otherwise, if such a
14        weapon as modified has an overall length of less than
15        26 inches; or
16            (iii) any bomb, bomb-shell, grenade, bottle or
17        other container containing an explosive substance of
18        over one-quarter ounce for like purposes, such as, but
19        not limited to, black powder bombs and Molotov
20        cocktails or artillery projectiles; or
21        (8) Carries or possesses any firearm, stun gun or
22    taser or other deadly weapon in any place which is
23    licensed to sell intoxicating beverages, or at any public
24    gathering held pursuant to a license issued by any
25    governmental body or any public gathering at which an
26    admission is charged, excluding a place where a showing,

 

 

SB1948- 129 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 130 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 131 -LRB102 15817 RLC 21185 b

1    or an animal. "Cartridge" means a tubular metal case
2    having a projectile affixed at the front thereof and a cap
3    or primer at the rear end thereof, with the propellant
4    contained in such tube between the projectile and the cap;
5    or
6        (12) (Blank); or
7        (13) Carries or possesses on or about his or her
8    person while in a building occupied by a unit of
9    government, a billy club, other weapon of like character,
10    or other instrument of like character intended for use as
11    a weapon. For the purposes of this Section, "billy club"
12    means a short stick or club commonly carried by police
13    officers which is either telescopic or constructed of a
14    solid piece of wood or other man-made material.
15    (b) Sentence. A person convicted of a violation of
16subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
17subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
18Class A misdemeanor. A person convicted of a violation of
19subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
20a person convicted of a violation of subsection 24-1(a)(6) or
2124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
22convicted of a violation of subsection 24-1(a)(7)(i) commits a
23Class 2 felony and shall be sentenced to a term of imprisonment
24of not less than 3 years and not more than 7 years, unless the
25weapon is possessed in the passenger compartment of a motor
26vehicle as defined in Section 1-146 of the Illinois Vehicle

 

 

SB1948- 132 -LRB102 15817 RLC 21185 b

1Code, or on the person, while the weapon is loaded, in which
2case it shall be a Class X felony. A person convicted of a
3second or subsequent violation of subsection 24-1(a)(4),
424-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
5felony. A person convicted of a violation of subsection
624-1(a)(2.5) commits a Class 2 felony. The possession of each
7weapon in violation of this Section constitutes a single and
8separate violation.
9    (c) Violations in specific places.
10        (1) A person who violates subsection 24-1(a)(6) or
11    24-1(a)(7) in any school, regardless of the time of day or
12    the time of year, in residential property owned, operated
13    or managed by a public housing agency or leased by a public
14    housing agency as part of a scattered site or mixed-income
15    development, in a public park, in a courthouse, on the
16    real property comprising any school, regardless of the
17    time of day or the time of year, on residential property
18    owned, operated or managed by a public housing agency or
19    leased by a public housing agency as part of a scattered
20    site or mixed-income development, on the real property
21    comprising any public park, on the real property
22    comprising any courthouse, in any conveyance owned, leased
23    or contracted by a school to transport students to or from
24    school or a school related activity, in any conveyance
25    owned, leased, or contracted by a public transportation
26    agency, or on any public way within 1,000 feet of the real

 

 

SB1948- 133 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 134 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 135 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 136 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 137 -LRB102 15817 RLC 21185 b

1(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
2    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
3    Sec. 24-1.1. Unlawful use or possession of weapons by
4felons or persons in the custody of the Department of
5Corrections facilities.
6    (a) It is unlawful for a person to knowingly possess on or
7about his person or on his land or in his own abode or fixed
8place of business any weapon prohibited under Section 24-1 of
9this Act or any firearm or any firearm ammunition if the person
10has been convicted of a felony under the laws of this State or
11any other jurisdiction. This Section shall not apply if the
12person has been granted relief under this subsection by the
13Director of the Department of State Police under Section 10 of
14the Firearm Owners Identification Card Act. A person
15prohibited from possessing a firearm under this subsection (a)
16may petition the Director of State Police for a hearing and
17relief from the prohibition, unless the prohibition was based
18upon a forcible felony, stalking, aggravated stalking,
19domestic battery, any violation of the Illinois Controlled
20Substances Act, the Methamphetamine Control and Community
21Protection Act, or the Cannabis Control Act that is classified
22as a Class 2 or greater felony, any felony violation of Article
2324 of the Criminal Code of 1961 or the Criminal Code of 2012,
24or any adjudication as a delinquent minor for the commission
25of an offense that if committed by an adult would be a felony,

 

 

SB1948- 138 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 139 -LRB102 15817 RLC 21185 b

1    (b) It is unlawful for any person confined in a penal
2institution, which is a facility of the Illinois Department of
3Corrections, to possess any weapon prohibited under Section
424-1 of this Code or any firearm or firearm ammunition,
5regardless of the intent with which he possesses it.
6    (c) It shall be an affirmative defense to a violation of
7subsection (b), that such possession was specifically
8authorized by rule, regulation, or directive of the Illinois
9Department of Corrections or order issued pursuant thereto.
10    (d) The defense of necessity is not available to a person
11who is charged with a violation of subsection (b) of this
12Section.
13    (e) Sentence. Violation of this Section by a person not
14confined in a penal institution shall be a Class 3 felony for
15which the person shall be sentenced to no less than 2 years and
16no more than 10 years. A second or subsequent violation of this
17Section shall be a Class 2 felony for which the person shall be
18sentenced to a term of imprisonment of not less than 3 years
19and not more than 14 years, except as provided for in Section
205-4.5-110 of the Unified Code of Corrections. Violation of
21this Section by a person not confined in a penal institution
22who has been convicted of a forcible felony, a felony
23violation of Article 24 of this Code or of the Firearm Owners
24Identification Card Act, stalking or aggravated stalking, or a
25Class 2 or greater felony under the Illinois Controlled
26Substances Act, the Cannabis Control Act, or the

 

 

SB1948- 140 -LRB102 15817 RLC 21185 b

1Methamphetamine Control and Community Protection Act is a
2Class 2 felony for which the person shall be sentenced to not
3less than 3 years and not more than 14 years, except as
4provided for in Section 5-4.5-110 of the Unified Code of
5Corrections. Violation of this Section by a person who is on
6parole or mandatory supervised release is a Class 2 felony for
7which the person shall be sentenced to not less than 3 years
8and not more than 14 years, except as provided for in Section
95-4.5-110 of the Unified Code of Corrections. Violation of
10this Section by a person not confined in a penal institution is
11a Class X felony when the firearm possessed is a machine gun.
12Any person who violates this Section while confined in a penal
13institution, which is a facility of the Illinois Department of
14Corrections, is guilty of a Class 1 felony, if he possesses any
15weapon prohibited under Section 24-1 of this Code regardless
16of the intent with which he possesses it, a Class X felony if
17he possesses any firearm, firearm ammunition or explosive, and
18a Class X felony for which the offender shall be sentenced to
19not less than 12 years and not more than 50 years when the
20firearm possessed is a machine gun. A violation of this
21Section while wearing or in possession of body armor as
22defined in Section 33F-1 is a Class X felony punishable by a
23term of imprisonment of not less than 10 years and not more
24than 40 years. The possession of each firearm or firearm
25ammunition in violation of this Section constitutes a single
26and separate violation.

 

 

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1(Source: P.A. 100-3, eff. 1-1-18.)
 
2    (720 ILCS 5/24-1.6)
3    Sec. 24-1.6. Aggravated unlawful use of a weapon.
4    (a) A person commits the offense of aggravated unlawful
5use of a weapon when he or she knowingly:
6        (1) Carries on or about his or her person or in any
7    vehicle or concealed on or about his or her person except
8    when on his or her land or in his or her abode, legal
9    dwelling, or fixed place of business, or on the land or in
10    the legal dwelling of another person as an invitee with
11    that person's permission, any pistol, revolver, stun gun
12    or taser or other firearm; or
13        (2) Carries or possesses on or about his or her
14    person, upon any public street, alley, or other public
15    lands within the corporate limits of a city, village or
16    incorporated town, except when an invitee thereon or
17    therein, for the purpose of the display of such weapon or
18    the lawful commerce in weapons, or except when on his or
19    her own land or in his or her own abode, legal dwelling, or
20    fixed place of business, or on the land or in the legal
21    dwelling of another person as an invitee with that
22    person's permission, any pistol, revolver, stun gun or
23    taser or other firearm; and
24        (3) One of the following factors is present:
25            (A) the firearm, other than a pistol, revolver, or

 

 

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

 

 

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

 

 

SB1948- 144 -LRB102 15817 RLC 21185 b

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

 

 

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1    imprisonment of not less than 3 years and not more than 7
2    years, except as provided for in Section 5-4.5-110 of the
3    Unified Code of Corrections.
4        (4) Aggravated unlawful use of a weapon while wearing
5    or in possession of body armor as defined in Section 33F-1
6    by a person who is prohibited under State or federal law
7    from possessing a firearm has not been issued a valid
8    Firearms Owner's Identification Card in accordance with
9    Section 5 of the Firearm Owners Identification Card Act is
10    a Class X felony.
11    (e) The possession of each firearm in violation of this
12Section constitutes a single and separate violation.
13(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
14    (720 ILCS 5/24-1.8)
15    Sec. 24-1.8. Unlawful possession of a firearm by a street
16gang member.
17    (a) A person commits unlawful possession of a firearm by a
18street gang member when he or she knowingly:
19        (1) possesses, carries, or conceals on or about his or
20    her person a firearm and firearm ammunition while on any
21    street, road, alley, gangway, sidewalk, or any other
22    lands, except when inside his or her own abode or inside
23    his or her fixed place of business, and has not been issued
24    a currently valid Firearm Owner's Identification Card and
25    is a member of a street gang; or

 

 

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

 

 

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1    (720 ILCS 5/24-2)
2    Sec. 24-2. Exemptions.
3    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6        (1) Peace officers, and any person summoned by a peace
7    officer to assist in making arrests or preserving the
8    peace, while actually engaged in assisting such officer.
9        (2) Wardens, superintendents and keepers of prisons,
10    penitentiaries, jails and other institutions for the
11    detention of persons accused or convicted of an offense,
12    while in the performance of their official duty, or while
13    commuting between their homes and places of employment.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard or the
16    Reserve Officers Training Corps, while in the performance
17    of their official duty.
18        (4) Special agents employed by a railroad or a public
19    utility to perform police functions, and guards of armored
20    car companies, while actually engaged in the performance
21    of the duties of their employment or commuting between
22    their homes and places of employment; and watchmen while
23    actually engaged in the performance of the duties of their
24    employment.
25        (5) Persons licensed as private security contractors,
26    private detectives, or private alarm contractors, or

 

 

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

 

 

SB1948- 149 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 150 -LRB102 15817 RLC 21185 b

1    2004. The firearm control card shall be carried by the
2    security guard at all times when he or she is in possession
3    of a concealable weapon permitted by his or her firearm
4    control card.
5        (7) Agents and investigators of the Illinois
6    Legislative Investigating Commission authorized by the
7    Commission to carry the weapons specified in subsections
8    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
9    any investigation for the Commission.
10        (8) Persons employed by a financial institution as a
11    security guard for the protection of other employees and
12    property related to such financial institution, while
13    actually engaged in the performance of their duties,
14    commuting between their homes and places of employment, or
15    traveling between sites or properties owned or operated by
16    such financial institution, and who, as a security guard,
17    is a member of a security force registered with the
18    Department; provided that any person so employed has
19    successfully completed a course of study, approved by and
20    supervised by the Department of Financial and Professional
21    Regulation, consisting of not less than 40 hours of
22    training which includes theory of law enforcement,
23    liability for acts, and the handling of weapons. A person
24    shall be considered to be eligible for this exemption if
25    he or she has completed the required 20 hours of training
26    for a security officer and 20 hours of required firearm

 

 

SB1948- 151 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 152 -LRB102 15817 RLC 21185 b

1        (12.5) Probation officers while in the performance of
2    their duties, or while commuting between their homes,
3    places of employment or specific locations that are part
4    of their assigned duties, with the consent of the chief
5    judge of the circuit for which they are employed, if they
6    have received weapons training according to requirements
7    of the Peace Officer and Probation Officer Firearm
8    Training Act.
9        (13) Court Security Officers while in the performance
10    of their official duties, or while commuting between their
11    homes and places of employment, with the consent of the
12    Sheriff.
13        (13.5) A person employed as an armed security guard at
14    a nuclear energy, storage, weapons or development site or
15    facility regulated by the Nuclear Regulatory Commission
16    who has completed the background screening and training
17    mandated by the rules and regulations of the Nuclear
18    Regulatory Commission.
19        (14) Manufacture, transportation, or sale of weapons
20    to persons authorized under subdivisions (1) through
21    (13.5) of this subsection to possess those weapons.
22    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
23to or affect any person carrying a concealed pistol, revolver,
24or handgun and the person has been issued a currently valid
25license under the Firearm Concealed Carry Act at the time of
26the commission of the offense.

 

 

SB1948- 153 -LRB102 15817 RLC 21185 b

1     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
2to or affect a qualified current or retired law enforcement
3officer qualified under the laws of this State or under the
4federal Law Enforcement Officers Safety Act.
5    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any of the following:
7        (1) Members of any club or organization organized for
8    the purpose of practicing shooting at targets upon
9    established target ranges, whether public or private, and
10    patrons of such ranges, while such members or patrons are
11    using their firearms on those target ranges.
12        (2) Duly authorized military or civil organizations
13    while parading, with the special permission of the
14    Governor.
15        (3) Hunters, trappers or fishermen with a license or
16    permit while engaged in hunting, trapping or fishing.
17        (4) Transportation of weapons that are broken down in
18    a non-functioning state or are not immediately accessible.
19        (5) Carrying or possessing any pistol, revolver, stun
20    gun or taser or other firearm on the land or in the legal
21    dwelling of another person as an invitee with that
22    person's permission.
23    (c) Subsection 24-1(a)(7) does not apply to or affect any
24of the following:
25        (1) Peace officers while in performance of their
26    official duties.

 

 

SB1948- 154 -LRB102 15817 RLC 21185 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        (3) Members of the Armed Services or Reserve Forces of
5    the United States or the Illinois National Guard, while in
6    the performance of their official duty.
7        (4) Manufacture, transportation, or sale of machine
8    guns to persons authorized under subdivisions (1) through
9    (3) of this subsection to possess machine guns, if the
10    machine guns are broken down in a non-functioning state or
11    are not immediately accessible.
12        (5) Persons licensed under federal law to manufacture
13    any weapon from which 8 or more shots or bullets can be
14    discharged by a single function of the firing device, or
15    ammunition for such weapons, and actually engaged in the
16    business of manufacturing such weapons or ammunition, but
17    only with respect to activities which are within the
18    lawful scope of such business, such as the manufacture,
19    transportation, or testing of such weapons or ammunition.
20    This exemption does not authorize the general private
21    possession of any weapon from which 8 or more shots or
22    bullets can be discharged by a single function of the
23    firing device, but only such possession and activities as
24    are within the lawful scope of a licensed manufacturing
25    business described in this paragraph.
26        During transportation, such weapons shall be broken

 

 

SB1948- 155 -LRB102 15817 RLC 21185 b

1    down in a non-functioning state or not immediately
2    accessible.
3        (6) The manufacture, transport, testing, delivery,
4    transfer or sale, and all lawful commercial or
5    experimental activities necessary thereto, of rifles,
6    shotguns, and weapons made from rifles or shotguns, or
7    ammunition for such rifles, shotguns or weapons, where
8    engaged in by a person operating as a contractor or
9    subcontractor pursuant to a contract or subcontract for
10    the development and supply of such rifles, shotguns,
11    weapons or ammunition to the United States government or
12    any branch of the Armed Forces of the United States, when
13    such activities are necessary and incident to fulfilling
14    the terms of such contract.
15        The exemption granted under this subdivision (c)(6)
16    shall also apply to any authorized agent of any such
17    contractor or subcontractor who is operating within the
18    scope of his employment, where such activities involving
19    such weapon, weapons or ammunition are necessary and
20    incident to fulfilling the terms of such contract.
21        (7) A person possessing a rifle with a barrel or
22    barrels less than 16 inches in length if: (A) the person
23    has been issued a Curios and Relics license from the U.S.
24    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
25    (B) the person is an active member of a bona fide,
26    nationally recognized military re-enacting group and the

 

 

SB1948- 156 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 157 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 158 -LRB102 15817 RLC 21185 b

1any weapon or not immediately accessible.
2    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
324-1.6 do not apply to or affect any parole agent or parole
4supervisor who meets the qualifications and conditions
5prescribed in Section 3-14-1.5 of the Unified Code of
6Corrections.
7    (g-7) Subsection 24-1(a)(6) does not apply to a peace
8officer while serving as a member of a tactical response team
9or special operations team. A peace officer may not personally
10own or apply for ownership of a device or attachment of any
11kind designed, used, or intended for use in silencing the
12report of any firearm. These devices shall be owned and
13maintained by lawfully recognized units of government whose
14duties include the investigation of criminal acts.
15    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1624-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
17athlete's possession, transport on official Olympic and
18Paralympic transit systems established for athletes, or use of
19competition firearms sanctioned by the International Olympic
20Committee, the International Paralympic Committee, the
21International Shooting Sport Federation, or USA Shooting in
22connection with such athlete's training for and participation
23in shooting competitions at the 2016 Olympic and Paralympic
24Games and sanctioned test events leading up to the 2016
25Olympic and Paralympic Games.
26    (h) An information or indictment based upon a violation of

 

 

SB1948- 159 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 160 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB1948- 166 -LRB102 15817 RLC 21185 b

1    stolen or converted.
2    (B) Paragraph (h) of subsection (A) does not include
3firearms sold within 6 months after enactment of Public Act
478-355 (approved August 21, 1973, effective October 1, 1973),
5nor is any firearm legally owned or possessed by any citizen or
6purchased by any citizen within 6 months after the enactment
7of Public Act 78-355 subject to confiscation or seizure under
8the provisions of that Public Act. Nothing in Public Act
978-355 shall be construed to prohibit the gift or trade of any
10firearm if that firearm was legally held or acquired within 6
11months after the enactment of that Public Act.
12    (C) Sentence.
13        (1) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (c), (e), (f), (g),
15    or (h) of subsection (A) commits a Class 4 felony.
16        (2) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (b) or (i) of
18    subsection (A) commits a Class 3 felony.
19        (3) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (a) of subsection
21    (A) commits a Class 2 felony.
22        (4) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (a), (b), or (i) of
24    subsection (A) in any school, on the real property
25    comprising a school, within 1,000 feet of the real
26    property comprising a school, at a school related

 

 

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

 

 

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

 

 

SB1948- 169 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 170 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 171 -LRB102 15817 RLC 21185 b

1paragraph.
2(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
399-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
4    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
5    Sec. 24-3.1. Unlawful possession of firearms and firearm
6ammunition.
7    (a) A person commits the offense of unlawful possession of
8firearms or firearm ammunition when:
9        (1) He is under 18 years of age and has in his
10    possession any firearm of a size which may be concealed
11    upon the person; or
12        (2) He is under 21 years of age, has been convicted of
13    a misdemeanor other than a traffic offense or adjudged
14    delinquent and has any firearms or firearm ammunition in
15    his possession; or
16        (3) He is a narcotic addict and has any firearms or
17    firearm ammunition in his possession; or
18        (4) He has been a patient in a mental institution
19    within the past 5 years and has any firearms or firearm
20    ammunition in his possession. For purposes of this
21    paragraph (4):
22            "Mental institution" means any hospital,
23        institution, clinic, evaluation facility, mental
24        health center, or part thereof, which is used
25        primarily for the care or treatment of persons with

 

 

SB1948- 172 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 173 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 174 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 175 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 176 -LRB102 15817 RLC 21185 b

1knowing that a firearm, as defined in Section 1.1 of the
2Firearm Owners Identification Card Act, is loaded with an
3armor piercing bullet, dragon's breath shotgun shell, bolo
4shell, or flechette shell, intentionally or recklessly
5discharges such firearm and such bullet or shell strikes any
6other person.
7    (c) Any person who possesses, concealed on or about his or
8her person, an armor piercing bullet, dragon's breath shotgun
9shell, bolo shell, or flechette shell and a firearm suitable
10for the discharge thereof is guilty of a Class 2 felony.
11    (d) This Section does not apply to or affect any of the
12following:
13        (1) Peace officers;
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense;
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard while in
19    the performance of their official duties;
20        (4) Federal officials required to carry firearms,
21    while engaged in the performance of their official duties;
22        (5) United States Marshals, while engaged in the
23    performance of their official duties.
24(Source: P.A. 92-423, eff. 1-1-02.)
 
25    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)

 

 

SB1948- 177 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 178 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

SB1948- 180 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 181 -LRB102 15817 RLC 21185 b

1        (2) Firearms trafficking by a person who has been
2    previously convicted of firearms trafficking, gunrunning,
3    or a felony offense for the unlawful sale, delivery, or
4    transfer of a firearm or firearm ammunition in this State
5    or another jurisdiction is a Class X felony.
6(Source: P.A. 99-885, eff. 8-23-16.)
 
7    (720 ILCS 5/24-4.1)
8    Sec. 24-4.1. Report of lost or stolen firearms.
9    (a) If a person who possesses a valid Firearm Owner's
10Identification Card and who possesses or acquires a firearm
11thereafter loses the firearm, or if the firearm is stolen from
12the person, the person must report the loss or theft to the
13local law enforcement agency within 72 hours after obtaining
14knowledge of the loss or theft.
15    (b) A law enforcement agency having jurisdiction shall
16take a written report and shall, as soon as practical, enter
17the firearm's serial number as stolen into the Law Enforcement
18Agencies Data System (LEADS).
19    (c) A person shall not be in violation of this Section if:
20        (1) the failure to report is due to an act of God, act
21    of war, or inability of a law enforcement agency to
22    receive the report;
23        (2) the person is hospitalized, in a coma, or is
24    otherwise seriously physically or mentally impaired as to
25    prevent the person from reporting; or

 

 

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

 

 

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

 

 

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

 

 

SB1948- 185 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

SB1948- 187 -LRB102 15817 RLC 21185 b

1federal peace officer, firefighter, emergency medical
2technician-ambulance, emergency medical
3technician-intermediate, emergency medical
4technician-paramedic, ambulance driver, or other medical or
5first aid personnel rendering aid, or any agent or designee of
6the foregoing.
7    "Finished methamphetamine" means methamphetamine in a form
8commonly used for personal consumption.
9    "Firearm" has the meaning provided in Section 2-7.5 of the
10Criminal Code of 2012 1.1 of the Firearm Owners Identification
11Card Act.
12    "Manufacture" means to produce, prepare, compound,
13convert, process, synthesize, concentrate, purify, separate,
14extract, or package any methamphetamine, methamphetamine
15precursor, methamphetamine manufacturing catalyst,
16methamphetamine manufacturing reagent, methamphetamine
17manufacturing solvent, or any substance containing any of the
18foregoing.
19    "Methamphetamine" means the chemical methamphetamine (a
20Schedule II controlled substance under the Illinois Controlled
21Substances Act) or any salt, optical isomer, salt of optical
22isomer, or analog thereof, with the exception of
233,4-Methylenedioxymethamphetamine (MDMA) or any other
24scheduled substance with a separate listing under the Illinois
25Controlled Substances Act.
26    "Methamphetamine manufacturing catalyst" means any

 

 

SB1948- 188 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 189 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 190 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 191 -LRB102 15817 RLC 21185 b

1cap, or liquid cap that has been manufactured by a lawful
2entity and contains a standard quantity of methamphetamine
3precursor.
4    "Unauthorized container", as used in relation to anhydrous
5ammonia, means any container that is not designed for the
6specific and sole purpose of holding, storing, transporting,
7or applying anhydrous ammonia. "Unauthorized container"
8includes, but is not limited to, any propane tank, fire
9extinguisher, oxygen cylinder, gasoline can, food or beverage
10cooler, or compressed gas cylinder used in dispensing fountain
11drinks. "Unauthorized container" does not encompass anhydrous
12ammonia manufacturing plants, refrigeration systems where
13anhydrous ammonia is used solely as a refrigerant, anhydrous
14ammonia transportation pipelines, anhydrous ammonia tankers,
15or anhydrous ammonia barges.
16(Source: P.A. 97-434, eff. 1-1-12.)
 
17    Section 85. The Code of Criminal Procedure of 1963 is
18amended by changing Sections 102-7.1, 110-10, 112A-11.1,
19112A-11.2, and 112A-14 as follows:
 
20    (725 ILCS 5/102-7.1)
21    Sec. 102-7.1. "Category A offense". "Category A offense"
22means a Class 1 felony, Class 2 felony, Class X felony, first
23degree murder, a violation of Section 11-204 of the Illinois
24Vehicle Code, a second or subsequent violation of Section

 

 

SB1948- 192 -LRB102 15817 RLC 21185 b

111-501 of the Illinois Vehicle Code, a violation of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code, a
3violation of Section 11-401 of the Illinois Vehicle Code if
4the accident results in injury and the person failed to report
5the accident within 30 minutes, a violation of Section 9-3,
69-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
711-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
812-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
924-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
10second or subsequent violation of 12-3.2 or 12-3.4 of the
11Criminal Code of 2012, a violation of paragraph (5) or (6) of
12subsection (b) of Section 10-9 of the Criminal Code of 2012, a
13violation of subsection (b) or (c) or paragraph (1) or (2) of
14subsection (a) of Section 11-1.50 of the Criminal Code of
152012, a violation of Section 12-7 of the Criminal Code of 2012
16if the defendant inflicts bodily harm on the victim to obtain a
17confession, statement, or information, a violation of Section
1812-7.5 of the Criminal Code of 2012 if the action results in
19bodily harm, a violation of paragraph (3) of subsection (b) of
20Section 17-2 of the Criminal Code of 2012, a violation of
21subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
222012, a violation of paragraph (6) of subsection (a) of
23Section 24-1 of the Criminal Code of 2012, a first violation of
24Section 24-1.6 of the Criminal Code of 2012 by a person 18
25years of age or older where the factors listed in both items
26(A) and (C) or both items (A-5) and (C) of paragraph (3) of

 

 

SB1948- 193 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 194 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 195 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 196 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 197 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 198 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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1    and scope of the defendant's employment;
2        (15) Comply with the terms and conditions of an order
3    of protection issued by the court under the Illinois
4    Domestic Violence Act of 1986 or an order of protection
5    issued by the court of another state, tribe, or United
6    States territory;
7        (16) Under Section 110-6.5 comply with the conditions
8    of the drug testing program; and
9        (17) Such other reasonable conditions as the court may
10    impose.
11    (c) When a person is charged with an offense under Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, involving a victim who is a minor under
1518 years of age living in the same household with the defendant
16at the time of the offense, in granting bail or releasing the
17defendant on his own recognizance, the judge shall impose
18conditions to restrict the defendant's access to the victim
19which may include, but are not limited to conditions that he
20will:
21        1. Vacate the household.
22        2. Make payment of temporary support to his
23    dependents.
24        3. Refrain from contact or communication with the
25    child victim, except as ordered by the court.
26    (d) When a person is charged with a criminal offense and

 

 

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

 

 

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1        (3) Not depart this State without leave of the court;
2        (4) Comply with such other reasonable conditions as
3    the court may impose; and
4        (5) If the judgment is affirmed or the cause reversed
5    and remanded for a new trial, forthwith surrender to the
6    officer from whose custody he was bailed.
7    (g) Upon a finding of guilty for any felony offense, the
8defendant shall physically surrender, at a time and place
9designated by the court, any and all firearms in his or her
10possession and his or her Firearm Owner's Identification Card
11as a condition of remaining on bond pending sentencing.
12    (h) In the event the defendant is unable to post bond, the
13court may impose a no contact provision with the victim or
14other interested party that shall be enforced while the
15defendant remains in custody.
16(Source: P.A. 101-138, eff. 1-1-20.)
 
17    (725 ILCS 5/112A-11.1)
18    Sec. 112A-11.1. Procedure for determining whether certain
19misdemeanor crimes are crimes of domestic violence for
20purposes of federal law.
21    (a) When a defendant has been charged with a violation of
22Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
23Criminal Code of 1961 or the Criminal Code of 2012, the State
24may, at arraignment or no later than 45 days after
25arraignment, for the purpose of notification to the Department

 

 

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1of State Police Firearm Owner's Identification Card Office,
2serve on the defendant and file with the court a notice
3alleging that conviction of the offense would subject the
4defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
5of the relationship between the defendant and the alleged
6victim and the nature of the alleged offense.
7    (b) The notice shall include the name of the person
8alleged to be the victim of the crime and shall specify the
9nature of the alleged relationship as set forth in 18 U.S.C.
10921(a)(33)(A)(ii). It shall also specify the element of the
11charged offense which requires the use or attempted use of
12physical force, or the threatened use of a deadly weapon, as
13set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
14notice that the defendant is entitled to a hearing on the
15allegation contained in the notice and that if the allegation
16is sustained, that determination and conviction shall be
17reported to the Department of State Police Firearm Owner's
18Identification Card Office.
19    (c) After having been notified as provided in subsection
20(b) of this Section, the defendant may stipulate or admit,
21orally on the record or in writing, that conviction of the
22offense would subject the defendant to the prohibitions of 18
23U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
24922(g)(9) shall be deemed established for purposes of Section
25112A-11.2. If the defendant denies the applicability of 18
26U.S.C. 922(g)(9) as alleged in the notice served by the State,

 

 

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1or stands mute with respect to that allegation, then the State
2shall bear the burden to prove beyond a reasonable doubt that
3the offense is one to which the prohibitions of 18 U.S.C.
4922(g)(9) apply. The court may consider reliable hearsay
5evidence submitted by either party provided that it is
6relevant to the determination of the allegation. Facts
7previously proven at trial or elicited at the time of entry of
8a plea of guilty shall be deemed established beyond a
9reasonable doubt and shall not be relitigated. At the
10conclusion of the hearing, or upon a stipulation or admission,
11as applicable, the court shall make a specific written
12determination with respect to the allegation.
13(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/112A-11.2)
15    Sec. 112A-11.2. Notification to the Department of State
16Police Firearm Owner's Identification Card Office of
17determinations in certain misdemeanor cases. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, under
21Section 112A-11.1, to be subject to the prohibitions of 18
22U.S.C. 922(g)(9), the circuit court clerk shall include
23notification and a copy of the written determination in a
24report of the conviction to the Department of State Police
25Firearm Owner's Identification Card Office to enable the

 

 

SB1948- 206 -LRB102 15817 RLC 21185 b

1office to report that determination to the Federal Bureau of
2Investigation and assist the Bureau in identifying persons
3prohibited from purchasing and possessing a firearm pursuant
4to the provisions of 18 U.S.C. 922.
5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Domestic violence order of protection;
8remedies.
9    (a) (Blank).
10    (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14        (1) Prohibition of abuse. Prohibit respondent's
15    harassment, interference with personal liberty,
16    intimidation of a dependent, physical abuse, or willful
17    deprivation, as defined in this Article, if such abuse has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner
24    has a right to occupancy thereof. The grant of exclusive
25    possession of the residence, household, or premises shall

 

 

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1    not affect title to real property, nor shall the court be
2    limited by the standard set forth in subsection (c-2) of
3    Section 501 of the Illinois Marriage and Dissolution of
4    Marriage Act.
5            (A) Right to occupancy. A party has a right to
6        occupancy of a residence or household if it is solely
7        or jointly owned or leased by that party, that party's
8        spouse, a person with a legal duty to support that
9        party or a minor child in that party's care, or by any
10        person or entity other than the opposing party that
11        authorizes that party's occupancy (e.g., a domestic
12        violence shelter). Standards set forth in subparagraph
13        (B) shall not preclude equitable relief.
14            (B) Presumption of hardships. If petitioner and
15        respondent each has the right to occupancy of a
16        residence or household, the court shall balance (i)
17        the hardships to respondent and any minor child or
18        dependent adult in respondent's care resulting from
19        entry of this remedy with (ii) the hardships to
20        petitioner and any minor child or dependent adult in
21        petitioner's care resulting from continued exposure to
22        the risk of abuse (should petitioner remain at the
23        residence or household) or from loss of possession of
24        the residence or household (should petitioner leave to
25        avoid the risk of abuse). When determining the balance
26        of hardships, the court shall also take into account

 

 

SB1948- 208 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 209 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 210 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 211 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 212 -LRB102 15817 RLC 21185 b

1    the court deems appropriate. The court may order the
2    respondent in any intimate partner relationship to report
3    to an Illinois Department of Human Services protocol
4    approved partner abuse intervention program for an
5    assessment and to follow all recommended treatment.
6        (5) Physical care and possession of the minor child.
7    In order to protect the minor child from abuse, neglect,
8    or unwarranted separation from the person who has been the
9    minor child's primary caretaker, or to otherwise protect
10    the well-being of the minor child, the court may do either
11    or both of the following: (i) grant petitioner physical
12    care or possession of the minor child, or both, or (ii)
13    order respondent to return a minor child to, or not remove
14    a minor child from, the physical care of a parent or person
15    in loco parentis.
16        If the respondent is charged with abuse (as defined in
17    Section 112A-3 of this Code) of a minor child, there shall
18    be a rebuttable presumption that awarding physical care to
19    respondent would not be in the minor child's best
20    interest.
21        (6) Temporary allocation of parental responsibilities
22    and significant decision-making responsibilities. Award
23    temporary significant decision-making responsibility to
24    petitioner in accordance with this Section, the Illinois
25    Marriage and Dissolution of Marriage Act, the Illinois
26    Parentage Act of 2015, and this State's Uniform

 

 

SB1948- 213 -LRB102 15817 RLC 21185 b

1    Child-Custody Jurisdiction and Enforcement Act.
2        If the respondent is charged with abuse (as defined in
3    Section 112A-3 of this Code) of a minor child, there shall
4    be a rebuttable presumption that awarding temporary
5    significant decision-making responsibility to respondent
6    would not be in the child's best interest.
7        (7) Parenting time. Determine the parenting time, if
8    any, of respondent in any case in which the court awards
9    physical care or temporary significant decision-making
10    responsibility of a minor child to petitioner. The court
11    shall restrict or deny respondent's parenting time with a
12    minor child if the court finds that respondent has done or
13    is likely to do any of the following:
14            (i) abuse or endanger the minor child during
15        parenting time;
16            (ii) use the parenting time as an opportunity to
17        abuse or harass petitioner or petitioner's family or
18        household members;
19            (iii) improperly conceal or detain the minor
20        child; or
21            (iv) otherwise act in a manner that is not in the
22        best interests of the minor child.
23        The court shall not be limited by the standards set
24    forth in Section 603.10 of the Illinois Marriage and
25    Dissolution of Marriage Act. If the court grants parenting
26    time, the order shall specify dates and times for the

 

 

SB1948- 214 -LRB102 15817 RLC 21185 b

1    parenting time to take place or other specific parameters
2    or conditions that are appropriate. No order for parenting
3    time shall refer merely to the term "reasonable parenting
4    time". Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for parenting time,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving
9    in a violent or abusive manner. If necessary to protect
10    any member of petitioner's family or household from future
11    abuse, respondent shall be prohibited from coming to
12    petitioner's residence to meet the minor child for
13    parenting time, and the petitioner and respondent shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for parenting time. A person may
16    be approved to supervise parenting time only after filing
17    an affidavit accepting that responsibility and
18    acknowledging accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return
25    the child to the custody or care of the petitioner, or to
26    permit any court-ordered interview or examination of the

 

 

SB1948- 215 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 216 -LRB102 15817 RLC 21185 b

1            (i) petitioner, but not respondent, owns the
2        property; or
3            (ii) the petitioner and respondent own the
4        property jointly, and the balance of hardships favors
5        granting this remedy.
6        If petitioner's sole claim to ownership of the
7    property is that it is marital property, the court may
8    grant petitioner relief under subparagraph (ii) of this
9    paragraph only if a proper proceeding has been filed under
10    the Illinois Marriage and Dissolution of Marriage Act, as
11    now or hereafter amended.
12        The court may further prohibit respondent from
13    improperly using the financial or other resources of an
14    aged member of the family or household for the profit or
15    advantage of respondent or of any other person.
16        (11.5) Protection of animals. Grant the petitioner the
17    exclusive care, custody, or control of any animal owned,
18    possessed, leased, kept, or held by either the petitioner
19    or the respondent or a minor child residing in the
20    residence or household of either the petitioner or the
21    respondent and order the respondent to stay away from the
22    animal and forbid the respondent from taking,
23    transferring, encumbering, concealing, harming, or
24    otherwise disposing of the animal.
25        (12) Order for payment of support. Order respondent to
26    pay temporary support for the petitioner or any child in

 

 

SB1948- 217 -LRB102 15817 RLC 21185 b

1    the petitioner's care or over whom the petitioner has been
2    allocated parental responsibility, when the respondent has
3    a legal obligation to support that person, in accordance
4    with the Illinois Marriage and Dissolution of Marriage
5    Act, which shall govern, among other matters, the amount
6    of support, payment through the clerk and withholding of
7    income to secure payment. An order for child support may
8    be granted to a petitioner with lawful physical care of a
9    child, or an order or agreement for physical care of a
10    child, prior to entry of an order allocating significant
11    decision-making responsibility. Such a support order shall
12    expire upon entry of a valid order allocating parental
13    responsibility differently and vacating petitioner's
14    significant decision-making responsibility unless
15    otherwise provided in the order.
16        (13) Order for payment of losses. Order respondent to
17    pay petitioner for losses suffered as a direct result of
18    the abuse. Such losses shall include, but not be limited
19    to, medical expenses, lost earnings or other support,
20    repair or replacement of property damaged or taken,
21    reasonable attorney's fees, court costs, and moving or
22    other travel expenses, including additional reasonable
23    expenses for temporary shelter and restaurant meals.
24            (i) Losses affecting family needs. If a party is
25        entitled to seek maintenance, child support, or
26        property distribution from the other party under the

 

 

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1        Illinois Marriage and Dissolution of Marriage Act, as
2        now or hereafter amended, the court may order
3        respondent to reimburse petitioner's actual losses, to
4        the extent that such reimbursement would be
5        "appropriate temporary relief", as authorized by
6        subsection (a)(3) of Section 501 of that Act.
7            (ii) Recovery of expenses. In the case of an
8        improper concealment or removal of a minor child, the
9        court may order respondent to pay the reasonable
10        expenses incurred or to be incurred in the search for
11        and recovery of the minor child, including, but not
12        limited to, legal fees, court costs, private
13        investigator fees, and travel costs.
14        (14) Prohibition of entry. Prohibit the respondent
15    from entering or remaining in the residence or household
16    while the respondent is under the influence of alcohol or
17    drugs and constitutes a threat to the safety and
18    well-being of the petitioner or the petitioner's children.
19        (14.5) Prohibition of firearm possession.
20            (A) A person who is subject to an existing
21        domestic violence order of protection issued under
22        this Code may not lawfully possess firearms, stun
23        guns, or tasers weapons under Section 8.2 of the
24        Firearm Owners Identification Card Act.
25            (B) Any firearms in the possession of the
26        respondent, except as provided in subparagraph (C) of

 

 

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1        this paragraph (14.5), shall be ordered by the court
2        to be turned over to a person who is not prohibited
3        under State or federal law from possessing firearms
4        with a valid Firearm Owner's Identification Card for
5        safekeeping. The court shall issue an order that the
6        respondent's Firearm Owner's Identification Card be
7        turned over to the local law enforcement agency, which
8        in turn shall immediately mail the card to the
9        Department of State Police Firearm Owner's
10        Identification Card Office for safekeeping. The period
11        of safekeeping shall be for the duration of the
12        domestic violence order of protection. The firearm or
13        firearms and Firearm Owner's Identification Card, if
14        unexpired, shall at the respondent's request be
15        returned to the respondent at expiration of the
16        domestic violence order of protection.
17            (C) If the respondent is a peace officer as
18        defined in Section 2-13 of the Criminal Code of 2012,
19        the court shall order that any firearms used by the
20        respondent in the performance of his or her duties as a
21        peace officer be surrendered to the chief law
22        enforcement executive of the agency in which the
23        respondent is employed, who shall retain the firearms
24        for safekeeping for the duration of the domestic
25        violence order of protection.
26            (D) Upon expiration of the period of safekeeping,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB1948- 224 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 225 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 226 -LRB102 15817 RLC 21185 b

1        other alleged abused persons.
2        (4) (Blank).
3        (5) Never married parties. No rights or
4    responsibilities for a minor child born outside of
5    marriage attach to a putative father until a father and
6    child relationship has been established under the Illinois
7    Parentage Act of 1984, the Illinois Parentage Act of 2015,
8    the Illinois Public Aid Code, Section 12 of the Vital
9    Records Act, the Juvenile Court Act of 1987, the Probate
10    Act of 1975, the Uniform Interstate Family Support Act,
11    the Expedited Child Support Act of 1990, any judicial,
12    administrative, or other act of another state or
13    territory, any other statute of this State, or by any
14    foreign nation establishing the father and child
15    relationship, any other proceeding substantially in
16    conformity with the federal Personal Responsibility and
17    Work Opportunity Reconciliation Act of 1996, or when both
18    parties appeared in open court or at an administrative
19    hearing acknowledging under oath or admitting by
20    affirmation the existence of a father and child
21    relationship. Absent such an adjudication, no putative
22    father shall be granted temporary allocation of parental
23    responsibilities, including parenting time with the minor
24    child, or physical care and possession of the minor child,
25    nor shall an order of payment for support of the minor
26    child be entered.

 

 

SB1948- 227 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 228 -LRB102 15817 RLC 21185 b

1    the abuse by respondent, unless that same conduct would
2    have excused such abuse if the parties had not been family
3    or household members.
4(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
5100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
61-1-19; 101-81, eff. 7-12-19.)
 
7    Section 90. The Unified Code of Corrections is amended by
8changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
9follows:
 
10    (730 ILCS 5/5-4.5-110)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
13PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
14    (a) DEFINITIONS. For the purposes of this Section:
15        "Firearm" has the meaning ascribed to it in Section
16    2-7.5 of the Criminal Code of 2012 Section 1.1 of the
17    Firearm Owners Identification Card Act.
18        "Qualifying predicate offense" means the following
19    offenses under the Criminal Code of 2012:
20            (A) aggravated unlawful use of a weapon under
21        Section 24-1.6 or similar offense under the Criminal
22        Code of 1961, when the weapon is a firearm;
23            (B) unlawful use or possession of a weapon by a
24        felon under Section 24-1.1 or similar offense under

 

 

SB1948- 229 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 230 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 231 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 232 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 233 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 234 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 235 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 236 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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1        (V) A violation of paragraph (4) of subsection (c) of
2    Section 11-20.1B or paragraph (4) of subsection (c) of
3    Section 11-20.3 of the Criminal Code of 1961, or paragraph
4    (6) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 2012 when the victim is under 13 years of age and
6    the defendant has previously been convicted under the laws
7    of this State or any other state of the offense of child
8    pornography, aggravated child pornography, aggravated
9    criminal sexual abuse, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, or any of
11    the offenses formerly known as rape, deviate sexual
12    assault, indecent liberties with a child, or aggravated
13    indecent liberties with a child where the victim was under
14    the age of 18 years or an offense that is substantially
15    equivalent to those offenses.
16        (W) A violation of Section 24-3.5 of the Criminal Code
17    of 1961 or the Criminal Code of 2012.
18        (X) A violation of subsection (a) of Section 31-1a of
19    the Criminal Code of 1961 or the Criminal Code of 2012.
20        (Y) A conviction for unlawful possession of a firearm
21    by a street gang member when the firearm was loaded or
22    contained firearm ammunition.
23        (Z) A Class 1 felony committed while he or she was
24    serving a term of probation or conditional discharge for a
25    felony.
26        (AA) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value.
2        (BB) Laundering of criminally derived property of a
3    value exceeding $500,000.
4        (CC) Knowingly selling, offering for sale, holding for
5    sale, or using 2,000 or more counterfeit items or
6    counterfeit items having a retail value in the aggregate
7    of $500,000 or more.
8        (DD) A conviction for aggravated assault under
9    paragraph (6) of subsection (c) of Section 12-2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 if the
11    firearm is aimed toward the person against whom the
12    firearm is being used.
13        (EE) A conviction for a violation of paragraph (2) of
14    subsection (a) of Section 24-3B of the Criminal Code of
15    2012.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

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1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment
6of 30 days or 300 hours of community service, as determined by
7the court, shall be imposed for a third or subsequent
8violation of Section 6-303 of the Illinois Vehicle Code. The
9court may give credit toward the fulfillment of community
10service hours for participation in activities and treatment as
11determined by court services.
12    (4.5) A minimum term of imprisonment of 30 days shall be
13imposed for a third violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.6) Except as provided in paragraph (4.10) of this
16subsection (c), a minimum term of imprisonment of 180 days
17shall be imposed for a fourth or subsequent violation of
18subsection (c) of Section 6-303 of the Illinois Vehicle Code.
19    (4.7) A minimum term of imprisonment of not less than 30
20consecutive days, or 300 hours of community service, shall be
21imposed for a violation of subsection (a-5) of Section 6-303
22of the Illinois Vehicle Code, as provided in subsection (b-5)
23of that Section.
24    (4.8) A mandatory prison sentence shall be imposed for a
25second violation of subsection (a-5) of Section 6-303 of the
26Illinois Vehicle Code, as provided in subsection (c-5) of that

 

 

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1Section. The person's driving privileges shall be revoked for
2a period of not less than 5 years from the date of his or her
3release from prison.
4    (4.9) A mandatory prison sentence of not less than 4 and
5not more than 15 years shall be imposed for a third violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-2.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (4.10) A mandatory prison sentence for a Class 1 felony
11shall be imposed, and the person shall be eligible for an
12extended term sentence, for a fourth or subsequent violation
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle
14Code, as provided in subsection (d-3.5) of that Section. The
15person's driving privileges shall be revoked for the remainder
16of his or her life.
17    (5) The court may sentence a corporation or unincorporated
18association convicted of any offense to:
19        (A) a period of conditional discharge;
20        (B) a fine;
21        (C) make restitution to the victim under Section 5-5-6
22    of this Code.
23    (5.1) In addition to any other penalties imposed, and
24except as provided in paragraph (5.2) or (5.3), a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for at least 90 days but not
2more than one year, if the violation resulted in damage to the
3property of another person.
4    (5.2) In addition to any other penalties imposed, and
5except as provided in paragraph (5.3), a person convicted of
6violating subsection (c) of Section 11-907 of the Illinois
7Vehicle Code shall have his or her driver's license, permit,
8or privileges suspended for at least 180 days but not more than
92 years, if the violation resulted in injury to another
10person.
11    (5.3) In addition to any other penalties imposed, a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for 2 years, if the violation
15resulted in the death of another person.
16    (5.4) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code shall have his or her driver's license, permit, or
19privileges suspended for 3 months and until he or she has paid
20a reinstatement fee of $100.
21    (5.5) In addition to any other penalties imposed, a person
22convicted of violating Section 3-707 of the Illinois Vehicle
23Code during a period in which his or her driver's license,
24permit, or privileges were suspended for a previous violation
25of that Section shall have his or her driver's license,
26permit, or privileges suspended for an additional 6 months

 

 

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1after the expiration of the original 3-month suspension and
2until he or she has paid a reinstatement fee of $100.
3    (6) (Blank).
4    (7) (Blank).
5    (8) (Blank).
6    (9) A defendant convicted of a second or subsequent
7offense of ritualized abuse of a child may be sentenced to a
8term of natural life imprisonment.
9    (10) (Blank).
10    (11) The court shall impose a minimum fine of $1,000 for a
11first offense and $2,000 for a second or subsequent offense
12upon a person convicted of or placed on supervision for
13battery when the individual harmed was a sports official or
14coach at any level of competition and the act causing harm to
15the sports official or coach occurred within an athletic
16facility or within the immediate vicinity of the athletic
17facility at which the sports official or coach was an active
18participant of the athletic contest held at the athletic
19facility. For the purposes of this paragraph (11), "sports
20official" means a person at an athletic contest who enforces
21the rules of the contest, such as an umpire or referee;
22"athletic facility" means an indoor or outdoor playing field
23or recreational area where sports activities are conducted;
24and "coach" means a person recognized as a coach by the
25sanctioning authority that conducted the sporting event.
26    (12) A person may not receive a disposition of court

 

 

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1supervision for a violation of Section 5-16 of the Boat
2Registration and Safety Act if that person has previously
3received a disposition of court supervision for a violation of
4that Section.
5    (13) A person convicted of or placed on court supervision
6for an assault or aggravated assault when the victim and the
7offender are family or household members as defined in Section
8103 of the Illinois Domestic Violence Act of 1986 or convicted
9of domestic battery or aggravated domestic battery may be
10required to attend a Partner Abuse Intervention Program under
11protocols set forth by the Illinois Department of Human
12Services under such terms and conditions imposed by the court.
13The costs of such classes shall be paid by the offender.
14    (d) In any case in which a sentence originally imposed is
15vacated, the case shall be remanded to the trial court. The
16trial court shall hold a hearing under Section 5-4-1 of this
17Code which may include evidence of the defendant's life, moral
18character and occupation during the time since the original
19sentence was passed. The trial court shall then impose
20sentence upon the defendant. The trial court may impose any
21sentence which could have been imposed at the original trial
22subject to Section 5-5-4 of this Code. If a sentence is vacated
23on appeal or on collateral attack due to the failure of the
24trier of fact at trial to determine beyond a reasonable doubt
25the existence of a fact (other than a prior conviction)
26necessary to increase the punishment for the offense beyond

 

 

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

 

 

SB1948- 247 -LRB102 15817 RLC 21185 b

1                (v) compliance with any other measures that
2            the court may deem appropriate; and
3        (2) the court orders the defendant to pay for the
4    victim's counseling services, to the extent that the court
5    finds, after considering the defendant's income and
6    assets, that the defendant is financially capable of
7    paying for such services, if the victim was under 18 years
8    of age at the time the offense was committed and requires
9    counseling as a result of the offense.
10    Probation may be revoked or modified pursuant to Section
115-6-4; except where the court determines at the hearing that
12the defendant violated a condition of his or her probation
13restricting contact with the victim or other family members or
14commits another offense with the victim or other family
15members, the court shall revoke the defendant's probation and
16impose a term of imprisonment.
17    For the purposes of this Section, "family member" and
18"victim" shall have the meanings ascribed to them in Section
1911-0.1 of the Criminal Code of 2012.
20    (f) (Blank).
21    (g) Whenever a defendant is convicted of an offense under
22Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2311-14.3, 11-14.4 except for an offense that involves keeping a
24place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

 

 

SB1948- 248 -LRB102 15817 RLC 21185 b

1Criminal Code of 2012, the defendant shall undergo medical
2testing to determine whether the defendant has any sexually
3transmissible disease, including a test for infection with
4human immunodeficiency virus (HIV) or any other identified
5causative agent of acquired immunodeficiency syndrome (AIDS).
6Any such medical test shall be performed only by appropriately
7licensed medical practitioners and may include an analysis of
8any bodily fluids as well as an examination of the defendant's
9person. Except as otherwise provided by law, the results of
10such test shall be kept strictly confidential by all medical
11personnel involved in the testing and must be personally
12delivered in a sealed envelope to the judge of the court in
13which the conviction was entered for the judge's inspection in
14camera. Acting in accordance with the best interests of the
15victim and the public, the judge shall have the discretion to
16determine to whom, if anyone, the results of the testing may be
17revealed. The court shall notify the defendant of the test
18results. The court shall also notify the victim if requested
19by the victim, and if the victim is under the age of 15 and if
20requested by the victim's parents or legal guardian, the court
21shall notify the victim's parents or legal guardian of the
22test results. The court shall provide information on the
23availability of HIV testing and counseling at Department of
24Public Health facilities to all parties to whom the results of
25the testing are revealed and shall direct the State's Attorney
26to provide the information to the victim when possible. A

 

 

SB1948- 249 -LRB102 15817 RLC 21185 b

1State's Attorney may petition the court to obtain the results
2of any HIV test administered under this Section, and the court
3shall grant the disclosure if the State's Attorney shows it is
4relevant in order to prosecute a charge of criminal
5transmission of HIV under Section 12-5.01 or 12-16.2 of the
6Criminal Code of 1961 or the Criminal Code of 2012 against the
7defendant. The court shall order that the cost of any such test
8shall be paid by the county and may be taxed as costs against
9the convicted defendant.
10    (g-5) When an inmate is tested for an airborne
11communicable disease, as determined by the Illinois Department
12of Public Health including but not limited to tuberculosis,
13the results of the test shall be personally delivered by the
14warden or his or her designee in a sealed envelope to the judge
15of the court in which the inmate must appear for the judge's
16inspection in camera if requested by the judge. Acting in
17accordance with the best interests of those in the courtroom,
18the judge shall have the discretion to determine what if any
19precautions need to be taken to prevent transmission of the
20disease in the courtroom.
21    (h) Whenever a defendant is convicted of an offense under
22Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
23defendant shall undergo medical testing to determine whether
24the defendant has been exposed to human immunodeficiency virus
25(HIV) or any other identified causative agent of acquired
26immunodeficiency syndrome (AIDS). Except as otherwise provided

 

 

SB1948- 250 -LRB102 15817 RLC 21185 b

1by law, the results of such test shall be kept strictly
2confidential by all medical personnel involved in the testing
3and must be personally delivered in a sealed envelope to the
4judge of the court in which the conviction was entered for the
5judge's inspection in camera. Acting in accordance with the
6best interests of the public, the judge shall have the
7discretion to determine to whom, if anyone, the results of the
8testing may be revealed. The court shall notify the defendant
9of a positive test showing an infection with the human
10immunodeficiency virus (HIV). The court shall provide
11information on the availability of HIV testing and counseling
12at Department of Public Health facilities to all parties to
13whom the results of the testing are revealed and shall direct
14the State's Attorney to provide the information to the victim
15when possible. A State's Attorney may petition the court to
16obtain the results of any HIV test administered under this
17Section, and the court shall grant the disclosure if the
18State's Attorney shows it is relevant in order to prosecute a
19charge of criminal transmission of HIV under Section 12-5.01
20or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
212012 against the defendant. The court shall order that the
22cost of any such test shall be paid by the county and may be
23taxed as costs against the convicted defendant.
24    (i) All fines and penalties imposed under this Section for
25any violation of Chapters 3, 4, 6, and 11 of the Illinois
26Vehicle Code, or a similar provision of a local ordinance, and

 

 

SB1948- 251 -LRB102 15817 RLC 21185 b

1any violation of the Child Passenger Protection Act, or a
2similar provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under the Criminal
4and Traffic Assessment Act.
5    (j) In cases when prosecution for any violation of Section
611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
711-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
811-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
911-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1012-15, or 12-16 of the Criminal Code of 1961 or the Criminal
11Code of 2012, any violation of the Illinois Controlled
12Substances Act, any violation of the Cannabis Control Act, or
13any violation of the Methamphetamine Control and Community
14Protection Act results in conviction, a disposition of court
15supervision, or an order of probation granted under Section 10
16of the Cannabis Control Act, Section 410 of the Illinois
17Controlled Substances Act, or Section 70 of the
18Methamphetamine Control and Community Protection Act of a
19defendant, the court shall determine whether the defendant is
20employed by a facility or center as defined under the Child
21Care Act of 1969, a public or private elementary or secondary
22school, or otherwise works with children under 18 years of age
23on a daily basis. When a defendant is so employed, the court
24shall order the Clerk of the Court to send a copy of the
25judgment of conviction or order of supervision or probation to
26the defendant's employer by certified mail. If the employer of

 

 

SB1948- 252 -LRB102 15817 RLC 21185 b

1the defendant is a school, the Clerk of the Court shall direct
2the mailing of a copy of the judgment of conviction or order of
3supervision or probation to the appropriate regional
4superintendent of schools. The regional superintendent of
5schools shall notify the State Board of Education of any
6notification under this subsection.
7    (j-5) A defendant at least 17 years of age who is convicted
8of a felony and who has not been previously convicted of a
9misdemeanor or felony and who is sentenced to a term of
10imprisonment in the Illinois Department of Corrections shall
11as a condition of his or her sentence be required by the court
12to attend educational courses designed to prepare the
13defendant for a high school diploma and to work toward a high
14school diploma or to work toward passing high school
15equivalency testing or to work toward completing a vocational
16training program offered by the Department of Corrections. If
17a defendant fails to complete the educational training
18required by his or her sentence during the term of
19incarceration, the Prisoner Review Board shall, as a condition
20of mandatory supervised release, require the defendant, at his
21or her own expense, to pursue a course of study toward a high
22school diploma or passage of high school equivalency testing.
23The Prisoner Review Board shall revoke the mandatory
24supervised release of a defendant who wilfully fails to comply
25with this subsection (j-5) upon his or her release from
26confinement in a penal institution while serving a mandatory

 

 

SB1948- 253 -LRB102 15817 RLC 21185 b

1supervised release term; however, the inability of the
2defendant after making a good faith effort to obtain financial
3aid or pay for the educational training shall not be deemed a
4wilful failure to comply. The Prisoner Review Board shall
5recommit the defendant whose mandatory supervised release term
6has been revoked under this subsection (j-5) as provided in
7Section 3-3-9. This subsection (j-5) does not apply to a
8defendant who has a high school diploma or has successfully
9passed high school equivalency testing. This subsection (j-5)
10does not apply to a defendant who is determined by the court to
11be a person with a developmental disability or otherwise
12mentally incapable of completing the educational or vocational
13program.
14    (k) (Blank).
15    (l) (A) Except as provided in paragraph (C) of subsection
16(l), whenever a defendant, who is an alien as defined by the
17Immigration and Nationality Act, is convicted of any felony or
18misdemeanor offense, the court after sentencing the defendant
19may, upon motion of the State's Attorney, hold sentence in
20abeyance and remand the defendant to the custody of the
21Attorney General of the United States or his or her designated
22agent to be deported when:
23        (1) a final order of deportation has been issued
24    against the defendant pursuant to proceedings under the
25    Immigration and Nationality Act, and
26        (2) the deportation of the defendant would not

 

 

SB1948- 254 -LRB102 15817 RLC 21185 b

1    deprecate the seriousness of the defendant's conduct and
2    would not be inconsistent with the ends of justice.
3    Otherwise, the defendant shall be sentenced as provided in
4this Chapter V.
5    (B) If the defendant has already been sentenced for a
6felony or misdemeanor offense, or has been placed on probation
7under Section 10 of the Cannabis Control Act, Section 410 of
8the Illinois Controlled Substances Act, or Section 70 of the
9Methamphetamine Control and Community Protection Act, the
10court may, upon motion of the State's Attorney to suspend the
11sentence imposed, commit the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent 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    (C) This subsection (l) does not apply to offenders who
21are subject to the provisions of paragraph (2) of subsection
22(a) of Section 3-6-3.
23    (D) Upon motion of the State's Attorney, if a defendant
24sentenced under this Section returns to the jurisdiction of
25the United States, the defendant shall be recommitted to the
26custody of the county from which he or she was sentenced.

 

 

SB1948- 255 -LRB102 15817 RLC 21185 b

1Thereafter, the defendant shall be brought before the
2sentencing court, which may impose any sentence that was
3available under Section 5-5-3 at the time of initial
4sentencing. In addition, the defendant shall not be eligible
5for additional earned sentence credit as provided under
6Section 3-6-3.
7    (m) A person convicted of criminal defacement of property
8under Section 21-1.3 of the Criminal Code of 1961 or the
9Criminal Code of 2012, in which the property damage exceeds
10$300 and the property damaged is a school building, shall be
11ordered to perform community service that may include cleanup,
12removal, or painting over the defacement.
13    (n) The court may sentence a person convicted of a
14violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
15subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
16of 1961 or the Criminal Code of 2012 (i) to an impact
17incarceration program if the person is otherwise eligible for
18that program under Section 5-8-1.1, (ii) to community service,
19or (iii) if the person has a substance use disorder, as defined
20in the Substance Use Disorder Act, to a treatment program
21licensed under that Act.
22    (o) Whenever a person is convicted of a sex offense as
23defined in Section 2 of the Sex Offender Registration Act, the
24defendant's driver's license or permit shall be subject to
25renewal on an annual basis in accordance with the provisions
26of license renewal established by the Secretary of State.

 

 

SB1948- 256 -LRB102 15817 RLC 21185 b

1(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
2100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
3    (730 ILCS 5/5-5-3.2)
4    Sec. 5-5-3.2. Factors in aggravation and extended-term
5sentencing.
6    (a) The following factors shall be accorded weight in
7favor of imposing a term of imprisonment or may be considered
8by the court as reasons to impose a more severe sentence under
9Section 5-8-1 or Article 4.5 of Chapter V:
10        (1) the defendant's conduct caused or threatened
11    serious harm;
12        (2) the defendant received compensation for committing
13    the offense;
14        (3) the defendant has a history of prior delinquency
15    or criminal activity;
16        (4) the defendant, by the duties of his office or by
17    his position, was obliged to prevent the particular
18    offense committed or to bring the offenders committing it
19    to justice;
20        (5) the defendant held public office at the time of
21    the offense, and the offense related to the conduct of
22    that office;
23        (6) the defendant utilized his professional reputation
24    or position in the community to commit the offense, or to
25    afford him an easier means of committing it;

 

 

SB1948- 257 -LRB102 15817 RLC 21185 b

1        (7) the sentence is necessary to deter others from
2    committing the same crime;
3        (8) the defendant committed the offense against a
4    person 60 years of age or older or such person's property;
5        (9) the defendant committed the offense against a
6    person who has a physical disability or such person's
7    property;
8        (10) by reason of another individual's actual or
9    perceived race, color, creed, religion, ancestry, gender,
10    sexual orientation, physical or mental disability, or
11    national origin, the defendant committed the offense
12    against (i) the person or property of that individual;
13    (ii) the person or property of a person who has an
14    association with, is married to, or has a friendship with
15    the other individual; or (iii) the person or property of a
16    relative (by blood or marriage) of a person described in
17    clause (i) or (ii). For the purposes of this Section,
18    "sexual orientation" has the meaning ascribed to it in
19    paragraph (O-1) of Section 1-103 of the Illinois Human
20    Rights Act;
21        (11) the offense took place in a place of worship or on
22    the grounds of a place of worship, immediately prior to,
23    during or immediately following worship services. For
24    purposes of this subparagraph, "place of worship" shall
25    mean any church, synagogue or other building, structure or
26    place used primarily for religious worship;

 

 

SB1948- 258 -LRB102 15817 RLC 21185 b

1        (12) the defendant was convicted of a felony committed
2    while he was released on bail or his own recognizance
3    pending trial for a prior felony and was convicted of such
4    prior felony, or the defendant was convicted of a felony
5    committed while he was serving a period of probation,
6    conditional discharge, or mandatory supervised release
7    under subsection (d) of Section 5-8-1 for a prior felony;
8        (13) the defendant committed or attempted to commit a
9    felony while he was wearing a bulletproof vest. For the
10    purposes of this paragraph (13), a bulletproof vest is any
11    device which is designed for the purpose of protecting the
12    wearer from bullets, shot or other lethal projectiles;
13        (14) the defendant held a position of trust or
14    supervision such as, but not limited to, family member as
15    defined in Section 11-0.1 of the Criminal Code of 2012,
16    teacher, scout leader, baby sitter, or day care worker, in
17    relation to a victim under 18 years of age, and the
18    defendant committed an offense in violation of Section
19    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
20    11-14.4 except for an offense that involves keeping a
21    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
22    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
23    or 12-16 of the Criminal Code of 1961 or the Criminal Code
24    of 2012 against that victim;
25        (15) the defendant committed an offense related to the
26    activities of an organized gang. For the purposes of this

 

 

SB1948- 259 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 260 -LRB102 15817 RLC 21185 b

1    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
2    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
3    18-2, or 33A-2, or Section 12-3.05 except for subdivision
4    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
5    Criminal Code of 2012;
6        (17) the defendant committed the offense by reason of
7    any person's activity as a community policing volunteer or
8    to prevent any person from engaging in activity as a
9    community policing volunteer. For the purpose of this
10    Section, "community policing volunteer" has the meaning
11    ascribed to it in Section 2-3.5 of the Criminal Code of
12    2012;
13        (18) the defendant committed the offense in a nursing
14    home or on the real property comprising a nursing home.
15    For the purposes of this paragraph (18), "nursing home"
16    means a skilled nursing or intermediate long term care
17    facility that is subject to license by the Illinois
18    Department of Public Health under the Nursing Home Care
19    Act, the Specialized Mental Health Rehabilitation Act of
20    2013, the ID/DD Community Care Act, or the MC/DD Act;
21        (19) the defendant was a federally licensed firearm
22    dealer and was previously convicted of a violation of
23    subsection (a) of Section 3 of the Firearm Owners
24    Identification Card Act before its repeal by this
25    amendatory Act of the 102nd General Assembly and has now
26    committed either a felony violation of the Firearm Owners

 

 

SB1948- 261 -LRB102 15817 RLC 21185 b

1    Identification Card Act or an act of armed violence while
2    armed with a firearm;
3        (20) the defendant (i) committed the offense of
4    reckless homicide under Section 9-3 of the Criminal Code
5    of 1961 or the Criminal Code of 2012 or the offense of
6    driving under the influence of alcohol, other drug or
7    drugs, intoxicating compound or compounds or any
8    combination thereof under Section 11-501 of the Illinois
9    Vehicle Code or a similar provision of a local ordinance
10    and (ii) was operating a motor vehicle in excess of 20
11    miles per hour over the posted speed limit as provided in
12    Article VI of Chapter 11 of the Illinois Vehicle Code;
13        (21) the defendant (i) committed the offense of
14    reckless driving or aggravated reckless driving under
15    Section 11-503 of the Illinois Vehicle Code and (ii) was
16    operating a motor vehicle in excess of 20 miles per hour
17    over the posted speed limit as provided in Article VI of
18    Chapter 11 of the Illinois Vehicle Code;
19        (22) the defendant committed the offense against a
20    person that the defendant knew, or reasonably should have
21    known, was a member of the Armed Forces of the United
22    States serving on active duty. For purposes of this clause
23    (22), the term "Armed Forces" means any of the Armed
24    Forces of the United States, including a member of any
25    reserve component thereof or National Guard unit called to
26    active duty;

 

 

SB1948- 262 -LRB102 15817 RLC 21185 b

1        (23) the defendant committed the offense against a
2    person who was elderly or infirm or who was a person with a
3    disability by taking advantage of a family or fiduciary
4    relationship with the elderly or infirm person or person
5    with a disability;
6        (24) the defendant committed any offense under Section
7    11-20.1 of the Criminal Code of 1961 or the Criminal Code
8    of 2012 and possessed 100 or more images;
9        (25) the defendant committed the offense while the
10    defendant or the victim was in a train, bus, or other
11    vehicle used for public transportation;
12        (26) the defendant committed the offense of child
13    pornography or aggravated child pornography, specifically
14    including paragraph (1), (2), (3), (4), (5), or (7) of
15    subsection (a) of Section 11-20.1 of the Criminal Code of
16    1961 or the Criminal Code of 2012 where a child engaged in,
17    solicited for, depicted in, or posed in any act of sexual
18    penetration or bound, fettered, or subject to sadistic,
19    masochistic, or sadomasochistic abuse in a sexual context
20    and specifically including paragraph (1), (2), (3), (4),
21    (5), or (7) of subsection (a) of Section 11-20.1B or
22    Section 11-20.3 of the Criminal Code of 1961 where a child
23    engaged in, solicited for, depicted in, or posed in any
24    act of sexual penetration or bound, fettered, or subject
25    to sadistic, masochistic, or sadomasochistic abuse in a
26    sexual context;

 

 

SB1948- 263 -LRB102 15817 RLC 21185 b

1        (27) the defendant committed the offense of first
2    degree murder, assault, aggravated assault, battery,
3    aggravated battery, robbery, armed robbery, or aggravated
4    robbery against a person who was a veteran and the
5    defendant knew, or reasonably should have known, that the
6    person was a veteran performing duties as a representative
7    of a veterans' organization. For the purposes of this
8    paragraph (27), "veteran" means an Illinois resident who
9    has served as a member of the United States Armed Forces, a
10    member of the Illinois National Guard, or a member of the
11    United States Reserve Forces; and "veterans' organization"
12    means an organization comprised of members of which
13    substantially all are individuals who are veterans or
14    spouses, widows, or widowers of veterans, the primary
15    purpose of which is to promote the welfare of its members
16    and to provide assistance to the general public in such a
17    way as to confer a public benefit;
18        (28) the defendant committed the offense of assault,
19    aggravated assault, battery, aggravated battery, robbery,
20    armed robbery, or aggravated robbery against a person that
21    the defendant knew or reasonably should have known was a
22    letter carrier or postal worker while that person was
23    performing his or her duties delivering mail for the
24    United States Postal Service;
25        (29) the defendant committed the offense of criminal
26    sexual assault, aggravated criminal sexual assault,

 

 

SB1948- 264 -LRB102 15817 RLC 21185 b

1    criminal sexual abuse, or aggravated criminal sexual abuse
2    against a victim with an intellectual disability, and the
3    defendant holds a position of trust, authority, or
4    supervision in relation to the victim;
5        (30) the defendant committed the offense of promoting
6    juvenile prostitution, patronizing a prostitute, or
7    patronizing a minor engaged in prostitution and at the
8    time of the commission of the offense knew that the
9    prostitute or minor engaged in prostitution was in the
10    custody or guardianship of the Department of Children and
11    Family Services;
12        (31) the defendant (i) committed the offense of
13    driving while under the influence of alcohol, other drug
14    or drugs, intoxicating compound or compounds or any
15    combination thereof in violation of Section 11-501 of the
16    Illinois Vehicle Code or a similar provision of a local
17    ordinance and (ii) the defendant during the commission of
18    the offense was driving his or her vehicle upon a roadway
19    designated for one-way traffic in the opposite direction
20    of the direction indicated by official traffic control
21    devices; or
22        (32) the defendant committed the offense of reckless
23    homicide while committing a violation of Section 11-907 of
24    the Illinois Vehicle Code; .
25        (33) (32) the defendant was found guilty of an
26    administrative infraction related to an act or acts of

 

 

SB1948- 265 -LRB102 15817 RLC 21185 b

1    public indecency or sexual misconduct in the penal
2    institution. In this paragraph (33) (32), "penal
3    institution" has the same meaning as in Section 2-14 of
4    the Criminal Code of 2012; or .
5        (34) (32) the defendant committed the offense of
6    leaving the scene of an accident in violation of
7    subsection (b) of Section 11-401 of the Illinois Vehicle
8    Code and the accident resulted in the death of a person and
9    at the time of the offense, the defendant was: (i) driving
10    under the influence of alcohol, other drug or drugs,
11    intoxicating compound or compounds or any combination
12    thereof as defined by Section 11-501 of the Illinois
13    Vehicle Code; or (ii) operating the motor vehicle while
14    using an electronic communication device as defined in
15    Section 12-610.2 of the Illinois Vehicle Code.
16    For the purposes of this Section:
17    "School" is defined as a public or private elementary or
18secondary school, community college, college, or university.
19    "Day care center" means a public or private State
20certified and licensed day care center as defined in Section
212.09 of the Child Care Act of 1969 that displays a sign in
22plain view stating that the property is a day care center.
23    "Intellectual disability" means significantly subaverage
24intellectual functioning which exists concurrently with
25impairment in adaptive behavior.
26    "Public transportation" means the transportation or

 

 

SB1948- 266 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 267 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 268 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 269 -LRB102 15817 RLC 21185 b

15-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
2offenses:
3        (1) When a defendant is convicted of first degree
4    murder, after having been previously convicted in Illinois
5    of any offense listed under paragraph (c)(2) of Section
6    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
7    occurred within 10 years after the previous conviction,
8    excluding time spent in custody, and the charges are
9    separately brought and tried and arise out of different
10    series of acts.
11        (1.5) When a defendant is convicted of first degree
12    murder, after having been previously convicted of domestic
13    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
14    (720 ILCS 5/12-3.3) committed on the same victim or after
15    having been previously convicted of violation of an order
16    of protection (720 ILCS 5/12-30) in which the same victim
17    was the protected person.
18        (2) When a defendant is convicted of voluntary
19    manslaughter, second degree murder, involuntary
20    manslaughter, or reckless homicide in which the defendant
21    has been convicted of causing the death of more than one
22    individual.
23        (3) When a defendant is convicted of aggravated
24    criminal sexual assault or criminal sexual assault, when
25    there is a finding that aggravated criminal sexual assault
26    or criminal sexual assault was also committed on the same

 

 

SB1948- 270 -LRB102 15817 RLC 21185 b

1    victim by one or more other individuals, and the defendant
2    voluntarily participated in the crime with the knowledge
3    of the participation of the others in the crime, and the
4    commission of the crime was part of a single course of
5    conduct during which there was no substantial change in
6    the nature of the criminal objective.
7        (4) If the victim was under 18 years of age at the time
8    of the commission of the offense, when a defendant is
9    convicted of aggravated criminal sexual assault or
10    predatory criminal sexual assault of a child under
11    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
12    of Section 12-14.1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
14        (5) When a defendant is convicted of a felony
15    violation of Section 24-1 of the Criminal Code of 1961 or
16    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
17    finding that the defendant is a member of an organized
18    gang.
19        (6) When a defendant was convicted of unlawful use of
20    weapons under Section 24-1 of the Criminal Code of 1961 or
21    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
22    a weapon that is not readily distinguishable as one of the
23    weapons enumerated in Section 24-1 of the Criminal Code of
24    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
25        (7) When a defendant is convicted of an offense
26    involving the illegal manufacture of a controlled

 

 

SB1948- 271 -LRB102 15817 RLC 21185 b

1    substance under Section 401 of the Illinois Controlled
2    Substances Act (720 ILCS 570/401), the illegal manufacture
3    of methamphetamine under Section 25 of the Methamphetamine
4    Control and Community Protection Act (720 ILCS 646/25), or
5    the illegal possession of explosives and an emergency
6    response officer in the performance of his or her duties
7    is killed or injured at the scene of the offense while
8    responding to the emergency caused by the commission of
9    the offense. In this paragraph, "emergency" means a
10    situation in which a person's life, health, or safety is
11    in jeopardy; and "emergency response officer" means a
12    peace officer, community policing volunteer, fireman,
13    emergency medical technician-ambulance, emergency medical
14    technician-intermediate, emergency medical
15    technician-paramedic, ambulance driver, other medical
16    assistance or first aid personnel, or hospital emergency
17    room personnel.
18        (8) When the defendant is convicted of attempted mob
19    action, solicitation to commit mob action, or conspiracy
20    to commit mob action under Section 8-1, 8-2, or 8-4 of the
21    Criminal Code of 2012, where the criminal object is a
22    violation of Section 25-1 of the Criminal Code of 2012,
23    and an electronic communication is used in the commission
24    of the offense. For the purposes of this paragraph (8),
25    "electronic communication" shall have the meaning provided
26    in Section 26.5-0.1 of the Criminal Code of 2012.

 

 

SB1948- 272 -LRB102 15817 RLC 21185 b

1    (d) For the purposes of this Section, "organized gang" has
2the meaning ascribed to it in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (e) The court may impose an extended term sentence under
5Article 4.5 of Chapter V upon an offender who has been
6convicted of a felony violation of Section 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012
9when the victim of the offense is under 18 years of age at the
10time of the commission of the offense and, during the
11commission of the offense, the victim was under the influence
12of alcohol, regardless of whether or not the alcohol was
13supplied by the offender; and the offender, at the time of the
14commission of the offense, knew or should have known that the
15victim had consumed alcohol.
16(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
17101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
 
18    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
19    Sec. 5-6-3. Conditions of probation and of conditional
20discharge.
21    (a) The conditions of probation and of conditional
22discharge shall be that the person:
23        (1) not violate any criminal statute of any
24    jurisdiction;
25        (2) report to or appear in person before such person

 

 

SB1948- 273 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

SB1948- 275 -LRB102 15817 RLC 21185 b

1    court shall revoke the probation or conditional discharge
2    of a person who wilfully fails to comply with this
3    paragraph (7). The person on probation or conditional
4    discharge shall be required to pay for the cost of the
5    educational courses or high school equivalency testing if
6    a fee is charged for those courses or testing. The court
7    shall resentence the offender whose probation or
8    conditional discharge has been revoked as provided in
9    Section 5-6-4. This paragraph (7) does not apply to a
10    person who has a high school diploma or has successfully
11    passed high school equivalency testing. This paragraph (7)
12    does not apply to a person who is determined by the court
13    to be a person with a developmental disability or
14    otherwise mentally incapable of completing the educational
15    or vocational program;
16        (8) if convicted of possession of a substance
17    prohibited by the Cannabis Control Act, the Illinois
18    Controlled Substances Act, or the Methamphetamine Control
19    and Community Protection Act after a previous conviction
20    or disposition of supervision for possession of a
21    substance prohibited by the Cannabis Control Act or
22    Illinois Controlled Substances Act or after a sentence of
23    probation under Section 10 of the Cannabis Control Act,
24    Section 410 of the Illinois Controlled Substances Act, or
25    Section 70 of the Methamphetamine Control and Community
26    Protection Act and upon a finding by the court that the

 

 

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1    person is addicted, undergo treatment at a substance abuse
2    program approved by the court;
3        (8.5) if convicted of a felony sex offense as defined
4    in the Sex Offender Management Board Act, the person shall
5    undergo and successfully complete sex offender treatment
6    by a treatment provider approved by the Board and
7    conducted in conformance with the standards developed
8    under the Sex Offender Management Board Act;
9        (8.6) if convicted of a sex offense as defined in the
10    Sex Offender Management Board Act, refrain from residing
11    at the same address or in the same condominium unit or
12    apartment unit or in the same condominium complex or
13    apartment complex with another person he or she knows or
14    reasonably should know is a convicted sex offender or has
15    been placed on supervision for a sex offense; the
16    provisions of this paragraph do not apply to a person
17    convicted of a sex offense who is placed in a Department of
18    Corrections licensed transitional housing facility for sex
19    offenders;
20        (8.7) if convicted for an offense committed on or
21    after June 1, 2008 (the effective date of Public Act
22    95-464) that would qualify the accused as a child sex
23    offender as defined in Section 11-9.3 or 11-9.4 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    refrain from communicating with or contacting, by means of
26    the Internet, a person who is not related to the accused

 

 

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1    and whom the accused reasonably believes to be under 18
2    years of age; for purposes of this paragraph (8.7),
3    "Internet" has the meaning ascribed to it in Section
4    16-0.1 of the Criminal Code of 2012; and a person is not
5    related to the accused if the person is not: (i) the
6    spouse, brother, or sister of the accused; (ii) a
7    descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (8.8) if convicted for an offense under Section 11-6,
11    11-9.1, 11-14.4 that involves soliciting for a juvenile
12    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    or any attempt to commit any of these offenses, committed
15    on or after June 1, 2009 (the effective date of Public Act
16    95-983):
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

 

 

SB1948- 278 -LRB102 15817 RLC 21185 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        offender's expense, of one or more hardware or
10        software 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;
15        (8.9) if convicted of a sex offense as defined in the
16    Sex Offender Registration Act committed on or after
17    January 1, 2010 (the effective date of Public Act 96-262),
18    refrain from accessing or using a social networking
19    website as defined in Section 17-0.5 of the Criminal Code
20    of 2012;
21        (9) if convicted of a felony or of any misdemeanor
22    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
23    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
24    2012 that was determined, pursuant to Section 112A-11.1 of
25    the Code of Criminal Procedure of 1963, to trigger the
26    prohibitions of 18 U.S.C. 922(g)(9), physically surrender

 

 

SB1948- 279 -LRB102 15817 RLC 21185 b

1    at a time and place designated by the court, his or her
2    Firearm Owner's Identification Card and any and all
3    firearms in his or her possession. The Court shall return
4    to the Department of State Police Firearm Owner's
5    Identification Card Office the person's Firearm Owner's
6    Identification Card;
7        (10) if convicted of a sex offense as defined in
8    subsection (a-5) of Section 3-1-2 of this Code, unless the
9    offender is a parent or guardian of the person under 18
10    years of age present in the home and no non-familial
11    minors are present, not participate in a holiday event
12    involving children under 18 years of age, such as
13    distributing candy or other items to children on
14    Halloween, wearing a Santa Claus costume on or preceding
15    Christmas, being employed as a department store Santa
16    Claus, or wearing an Easter Bunny costume on or preceding
17    Easter;
18        (11) if convicted of a sex offense as defined in
19    Section 2 of the Sex Offender Registration Act committed
20    on or after January 1, 2010 (the effective date of Public
21    Act 96-362) that requires the person to register as a sex
22    offender under that Act, may not knowingly use any
23    computer scrub software on any computer that the sex
24    offender uses;
25        (12) if convicted of a violation of the
26    Methamphetamine Control and Community Protection Act, the

 

 

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1    Methamphetamine Precursor Control Act, or a
2    methamphetamine related offense:
3            (A) prohibited from purchasing, possessing, or
4        having under his or her control any product containing
5        pseudoephedrine unless prescribed by a physician; and
6            (B) prohibited from purchasing, possessing, or
7        having under his or her control any product containing
8        ammonium nitrate; and
9        (13) if convicted of a hate crime involving the
10    protected class identified in subsection (a) of Section
11    12-7.1 of the Criminal Code of 2012 that gave rise to the
12    offense the offender committed, perform public or
13    community service of no less than 200 hours and enroll in
14    an educational program discouraging hate crimes that
15    includes racial, ethnic, and cultural sensitivity training
16    ordered by the court.
17    (b) The Court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the Court require that
21the person:
22        (1) serve a term of periodic imprisonment under
23    Article 7 for a period not to exceed that specified in
24    paragraph (d) of Section 5-7-1;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

SB1948- 281 -LRB102 15817 RLC 21185 b

1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) and in addition, if a minor:
8            (i) reside with his parents or in a foster home;
9            (ii) attend school;
10            (iii) attend a non-residential program for youth;
11            (iv) contribute to his own support at home or in a
12        foster home;
13            (v) with the consent of the superintendent of the
14        facility, attend an educational program at a facility
15        other than the school in which the offense was
16        committed if he or she is convicted of a crime of
17        violence as defined in Section 2 of the Crime Victims
18        Compensation Act committed in a school, on the real
19        property comprising a school, or within 1,000 feet of
20        the real property comprising a school;
21        (8) make restitution as provided in Section 5-5-6 of
22    this Code;
23        (9) perform some reasonable public or community
24    service;
25        (10) serve a term of home confinement. In addition to
26    any other applicable condition of probation or conditional

 

 

SB1948- 282 -LRB102 15817 RLC 21185 b

1    discharge, the conditions of home confinement shall be
2    that the offender:
3            (i) remain within the interior premises of the
4        place designated for his confinement during the hours
5        designated by the court;
6            (ii) admit any person or agent designated by the
7        court into the offender's place of confinement at any
8        time for purposes of verifying the offender's
9        compliance with the conditions of his confinement; and
10            (iii) if further deemed necessary by the court or
11        the Probation or Court Services Department, be placed
12        on an approved electronic monitoring device, subject
13        to Article 8A of Chapter V;
14            (iv) for persons convicted of any alcohol,
15        cannabis or controlled substance violation who are
16        placed on an approved monitoring device as a condition
17        of probation or conditional discharge, the court shall
18        impose a reasonable fee for each day of the use of the
19        device, as established by the county board in
20        subsection (g) of this Section, unless after
21        determining the inability of the offender to pay the
22        fee, the court assesses a lesser fee or no fee as the
23        case may be. This fee shall be imposed in addition to
24        the fees imposed under subsections (g) and (i) of this
25        Section. The fee shall be collected by the clerk of the
26        circuit court, except as provided in an administrative

 

 

SB1948- 283 -LRB102 15817 RLC 21185 b

1        order of the Chief Judge of the circuit court. The
2        clerk of the circuit court shall pay all monies
3        collected from this fee to the county treasurer for
4        deposit in the substance abuse services fund under
5        Section 5-1086.1 of the Counties Code, except as
6        provided in an administrative order of the Chief Judge
7        of the circuit court.
8            The Chief Judge of the circuit court of the county
9        may by administrative order establish a program for
10        electronic monitoring of offenders, in which a vendor
11        supplies and monitors the operation of the electronic
12        monitoring device, and collects the fees on behalf of
13        the county. The program shall include provisions for
14        indigent offenders and the collection of unpaid fees.
15        The program shall not unduly burden the offender and
16        shall be subject to review by the Chief Judge.
17            The Chief Judge of the circuit court may suspend
18        any additional charges or fees for late payment,
19        interest, or damage to any device; and
20            (v) for persons convicted of offenses other than
21        those referenced in clause (iv) above and 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

 

 

SB1948- 284 -LRB102 15817 RLC 21185 b

1        determining the inability of the defendant 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 who
10        shall use the monies collected to defray the costs of
11        corrections. The county treasurer shall deposit the
12        fee collected in the probation and court services
13        fund. The Chief Judge of the circuit court of the
14        county may by administrative order establish a program
15        for electronic monitoring of offenders, in which a
16        vendor supplies and monitors the operation of the
17        electronic monitoring device, and collects the fees on
18        behalf of the county. The program shall include
19        provisions for indigent offenders and the collection
20        of unpaid fees. The program shall not unduly burden
21        the offender and shall be subject to review by the
22        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.
26        (11) comply with the terms and conditions of an order

 

 

SB1948- 285 -LRB102 15817 RLC 21185 b

1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986, as now or hereafter
3    amended, or an order of protection issued by the court of
4    another state, tribe, or United States territory. A copy
5    of the order of protection shall be transmitted to the
6    probation officer or agency having responsibility for the
7    case;
8        (12) reimburse any "local anti-crime program" as
9    defined in Section 7 of the Anti-Crime Advisory Council
10    Act for any reasonable expenses incurred by the program on
11    the offender's case, not to exceed the maximum amount of
12    the fine authorized for the offense for which the
13    defendant was sentenced;
14        (13) contribute a reasonable sum of money, not to
15    exceed the maximum amount of the fine authorized for the
16    offense for which the defendant was sentenced, (i) to a
17    "local anti-crime program", as defined in Section 7 of the
18    Anti-Crime Advisory Council Act, or (ii) for offenses
19    under the jurisdiction of the Department of Natural
20    Resources, to the fund established by the Department of
21    Natural Resources for the purchase of evidence for
22    investigation purposes and to conduct investigations as
23    outlined in Section 805-105 of the Department of Natural
24    Resources (Conservation) Law;
25        (14) refrain from entering into a designated
26    geographic area except upon such terms as the court finds

 

 

SB1948- 286 -LRB102 15817 RLC 21185 b

1    appropriate. Such terms may include consideration of the
2    purpose of the entry, the time of day, other persons
3    accompanying the defendant, and advance approval by a
4    probation officer, if the defendant has been placed on
5    probation or advance approval by the court, if the
6    defendant was placed on conditional discharge;
7        (15) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (16) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or
14    the Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of
16    his or her blood or urine or both for tests to determine
17    the presence of any illicit drug;
18        (17) if convicted for an offense committed on or after
19    June 1, 2008 (the effective date of Public Act 95-464)
20    that would qualify the accused as a child sex offender as
21    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
22    of 1961 or the Criminal Code of 2012, refrain from
23    communicating with or contacting, by means of the
24    Internet, a person who is related to the accused and whom
25    the accused reasonably believes to be under 18 years of
26    age; for purposes of this paragraph (17), "Internet" has

 

 

SB1948- 287 -LRB102 15817 RLC 21185 b

1    the meaning ascribed to it in Section 16-0.1 of the
2    Criminal Code of 2012; and a person is related to the
3    accused if the person is: (i) the spouse, brother, or
4    sister of the accused; (ii) a descendant of the accused;
5    (iii) a first or second cousin of the accused; or (iv) a
6    step-child or adopted child of the accused;
7        (18) if convicted for an offense committed on or after
8    June 1, 2009 (the effective date of Public Act 95-983)
9    that would qualify as a sex offense as defined in the Sex
10    Offender Registration Act:
11            (i) not access or use a computer or any other
12        device with Internet capability without the prior
13        written approval of the offender's probation officer,
14        except in connection with the offender's employment or
15        search for employment with the prior approval of the
16        offender's probation officer;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's probation
20        officer, a law enforcement officer, or assigned
21        computer or information technology specialist,
22        including the retrieval and copying of all data from
23        the computer or device and any internal or external
24        peripherals and removal of such information,
25        equipment, or device to conduct a more thorough
26        inspection;

 

 

SB1948- 288 -LRB102 15817 RLC 21185 b

1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        subject's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the offender's probation officer; and
9        (19) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a misdemeanor that
11    did not involve the intentional or knowing infliction of
12    bodily harm or threat of bodily harm.
13    (c) The court may as a condition of probation or of
14conditional discharge require that a person under 18 years of
15age found guilty of any alcohol, cannabis or controlled
16substance violation, refrain from acquiring a driver's license
17during the period of probation or conditional discharge. If
18such person is in possession of a permit or license, the court
19may require that the minor refrain from driving or operating
20any motor vehicle during the period of probation or
21conditional discharge, except as may be necessary in the
22course of the minor's lawful employment.
23    (d) An offender sentenced to probation or to conditional
24discharge shall be given a certificate setting forth the
25conditions thereof.
26    (e) Except where the offender has committed a fourth or

 

 

SB1948- 289 -LRB102 15817 RLC 21185 b

1subsequent violation of subsection (c) of Section 6-303 of the
2Illinois Vehicle Code, the court shall not require as a
3condition of the sentence of probation or conditional
4discharge that the offender be committed to a period of
5imprisonment in excess of 6 months. This 6-month limit shall
6not include periods of confinement given pursuant to a
7sentence of county impact incarceration under Section 5-8-1.2.
8    Persons committed to imprisonment as a condition of
9probation or conditional discharge shall not be committed to
10the Department of Corrections.
11    (f) The court may combine a sentence of periodic
12imprisonment under Article 7 or a sentence to a county impact
13incarceration program under Article 8 with a sentence of
14probation or conditional discharge.
15    (g) An offender sentenced to probation or to conditional
16discharge and who during the term of either undergoes
17mandatory drug or alcohol testing, or both, or is assigned to
18be placed on an approved electronic monitoring device, shall
19be ordered to pay all costs incidental to such mandatory drug
20or alcohol testing, or both, and all costs incidental to such
21approved electronic monitoring in accordance with the
22defendant's ability to pay those costs. The county board with
23the concurrence of the Chief Judge of the judicial circuit in
24which the county is located shall establish reasonable fees
25for the cost of maintenance, testing, and incidental expenses
26related to the mandatory drug or alcohol testing, or both, and

 

 

SB1948- 290 -LRB102 15817 RLC 21185 b

1all costs incidental to approved electronic monitoring,
2involved in a successful probation program for the county. The
3concurrence of the Chief Judge shall be in the form of an
4administrative order. The fees shall be collected by the clerk
5of the circuit court, except as provided in an administrative
6order of the Chief Judge of the circuit court. The clerk of the
7circuit court shall pay all moneys collected from these fees
8to the county treasurer who shall use the moneys collected to
9defray the costs of drug testing, alcohol testing, and
10electronic monitoring. The county treasurer shall deposit the
11fees collected in the county working cash fund under Section
126-27001 or Section 6-29002 of the Counties Code, as the case
13may be. The Chief Judge of the circuit court of the county may
14by administrative order establish a program for electronic
15monitoring of offenders, in which a vendor supplies and
16monitors the operation of the electronic monitoring device,
17and collects the fees on behalf of the county. The program
18shall include provisions for indigent offenders and the
19collection of unpaid fees. The program shall not unduly burden
20the offender and shall be subject to review by the Chief Judge.
21    The Chief Judge of the circuit court may suspend any
22additional charges or fees for late payment, interest, or
23damage to any device.
24    (h) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers

 

 

SB1948- 291 -LRB102 15817 RLC 21185 b

1of jurisdiction are also authorized in the same manner. The
2court to which jurisdiction has been transferred shall have
3the same powers as the sentencing court. The probation
4department within the circuit to which jurisdiction has been
5transferred, or which has agreed to provide supervision, may
6impose probation fees upon receiving the transferred offender,
7as provided in subsection (i). For all transfer cases, as
8defined in Section 9b of the Probation and Probation Officers
9Act, the probation department from the original sentencing
10court shall retain all probation fees collected prior to the
11transfer. After the transfer, all probation fees shall be paid
12to the probation department within the circuit to which
13jurisdiction has been transferred.
14    (i) The court shall impose upon an offender sentenced to
15probation after January 1, 1989 or to conditional discharge
16after January 1, 1992 or to community service under the
17supervision of a probation or court services department after
18January 1, 2004, as a condition of such probation or
19conditional discharge or supervised community service, a fee
20of $50 for each month of probation or conditional discharge
21supervision or supervised community service ordered by the
22court, unless after determining the inability of the person
23sentenced to probation or conditional discharge or supervised
24community service to pay the fee, the court assesses a lesser
25fee. The court may not impose the fee on a minor who is placed
26in the guardianship or custody of the Department of Children

 

 

SB1948- 292 -LRB102 15817 RLC 21185 b

1and Family Services under the Juvenile Court Act of 1987 while
2the minor is in placement. The fee shall be imposed only upon
3an offender who is actively supervised by the probation and
4court services department. The fee shall be collected by the
5clerk of the circuit court. The clerk of the circuit court
6shall pay all monies collected from this fee to the county
7treasurer for deposit in the probation and court services fund
8under Section 15.1 of the Probation and Probation Officers
9Act.
10    A circuit court may not impose a probation fee under this
11subsection (i) in excess of $25 per month unless the circuit
12court has adopted, by administrative order issued by the chief
13judge, a standard probation fee guide determining an
14offender's ability to pay. Of the amount collected as a
15probation fee, up to $5 of that fee collected per month may be
16used to provide services to crime victims and their families.
17    The Court may only waive probation fees based on an
18offender's ability to pay. The probation department may
19re-evaluate an offender's ability to pay every 6 months, and,
20with the approval of the Director of Court Services or the
21Chief Probation Officer, adjust the monthly fee amount. An
22offender may elect to pay probation fees due in a lump sum. Any
23offender that has been assigned to the supervision of a
24probation department, or has been transferred either under
25subsection (h) of this Section or under any interstate
26compact, shall be required to pay probation fees to the

 

 

SB1948- 293 -LRB102 15817 RLC 21185 b

1department supervising the offender, based on the offender's
2ability to pay.
3    Public Act 93-970 deletes the $10 increase in the fee
4under this subsection that was imposed by Public Act 93-616.
5This deletion is intended to control over any other Act of the
693rd General Assembly that retains or incorporates that fee
7increase.
8    (i-5) In addition to the fees imposed under subsection (i)
9of this Section, in the case of an offender convicted of a
10felony sex offense (as defined in the Sex Offender Management
11Board Act) or an offense that the court or probation
12department has determined to be sexually motivated (as defined
13in the Sex Offender Management Board Act), the court or the
14probation department shall assess additional fees to pay for
15all costs of treatment, assessment, evaluation for risk and
16treatment, and monitoring the offender, based on that
17offender's ability to pay those costs either as they occur or
18under a payment plan.
19    (j) All fines and costs imposed under this Section for any
20violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21Code, or a similar provision of a local ordinance, and any
22violation of the Child Passenger Protection Act, or a similar
23provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under the Criminal
25and Traffic Assessment Act.
26    (k) Any offender who is sentenced to probation or

 

 

SB1948- 294 -LRB102 15817 RLC 21185 b

1conditional discharge for a felony sex offense as defined in
2the Sex Offender Management Board Act or any offense that the
3court or probation department has determined to be sexually
4motivated as defined in the Sex Offender Management Board Act
5shall be required to refrain from any contact, directly or
6indirectly, with any persons specified by the court and shall
7be available for all evaluations and treatment programs
8required by the court or the probation department.
9    (l) The court may order an offender who is sentenced to
10probation or conditional discharge for a violation of an order
11of protection be placed under electronic surveillance as
12provided in Section 5-8A-7 of this Code.
13(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
14100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
151-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
 
16    Section 95. The Stalking No Contact Order Act is amended
17by changing Section 80 as follows:
 
18    (740 ILCS 21/80)
19    Sec. 80. Stalking no contact orders; remedies.
20    (a) If the court finds that the petitioner has been a
21victim of stalking, a stalking no contact order shall issue;
22provided that the petitioner must also satisfy the
23requirements of Section 95 on emergency orders or Section 100
24on plenary orders. The petitioner shall not be denied a

 

 

SB1948- 295 -LRB102 15817 RLC 21185 b

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

 

 

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

 

 

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

 

 

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1parents, guardian, or legal custodian of the respondent are
2responsible for transportation and other costs associated with
3the change of school by the respondent.
4    (b-7) The court shall not hold a school district or
5private or non-public school or any of its employees in civil
6or criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8    (b-8) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Act for conduct of the minor respondent in violation of
12this Act if the parents, guardian, or legal custodian
13directed, encouraged, or assisted the respondent minor in such
14conduct.
15    (c) The court may award the petitioner costs and attorneys
16fees if a stalking no contact order is granted.
17    (d) Monetary damages are not recoverable as a remedy.
18    (e) If the stalking no contact order prohibits the
19respondent from possessing a Firearm Owner's Identification
20Card, or possessing or buying firearms; the court shall
21confiscate the respondent's firearms Firearm Owner's
22Identification Card and immediately return the card to the
23Department of State Police Firearm Owner's Identification Card
24Office.
25(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
2697-1131, eff. 1-1-13.)
 

 

 

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

 

 

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1relying upon the representation of an officer of the United
2States Secret Service or the Department of State Police that a
3person is under the protection of the United States Secret
4Service or is a public official.
5    For the purpose of this subsection (a), the term "public
6official" means the Governor, Lieutenant Governor, Attorney
7General, Secretary of State, State Comptroller, State
8Treasurer, member of the General Assembly, member of the
9United States Congress, Judge of the United States as defined
10in 28 U.S.C. 451, Justice of the United States as defined in 28
11U.S.C. 451, United States Magistrate Judge as defined in 28
12U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
13Supreme, Appellate, Circuit, or Associate Judge of the State
14of Illinois. The term shall also include the spouse, child or
15children of a public official.
16    (b) The Department of Human Services (acting as successor
17to the Department of Mental Health and Developmental
18Disabilities) and all public or private hospitals and mental
19health facilities are required, as hereafter described in this
20subsection, to furnish the Department of State Police only
21such information as may be required for the sole purpose of
22determining whether an individual who may be or may have been a
23patient is disqualified because of that status from receiving
24or retaining a firearm under paragraph (4) of subsection (a)
25of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
26Identification Card or falls within the federal prohibitors

 

 

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1under subsection (e), (f), (g), (r), (s), or (t) of Section 8
2of the Firearm Owners Identification Card Act, or falls within
3the federal prohibitors in 18 U.S.C. 922(g) and (n). All
4physicians, clinical psychologists, or qualified examiners at
5public or private mental health facilities or parts thereof as
6defined in this subsection shall, in the form and manner
7required by the Department, provide notice directly to the
8Department of Human Services, or to his or her employer who
9shall then report to the Department, within 24 hours after
10determining that a person poses a clear and present danger to
11himself, herself, or others, or within 7 days after a person 14
12years or older is determined to be a person with a
13developmental disability by a physician, clinical
14psychologist, or qualified examiner as described in this
15subsection (b) Section 1.1 of the Firearm Owners
16Identification Card Act. If a person is a patient as described
17in clause (2)(A) (1) of the definition of "patient" in (2)(A)
18Section 1.1 of the Firearm Owners Identification Card Act,
19this information shall be furnished within 7 days after
20admission to a public or private hospital or mental health
21facility or the provision of services. Any such information
22disclosed under this subsection shall remain privileged and
23confidential, and shall not be redisclosed, except as required
24by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
25subsection (e) of Section 3.1 of the Firearm Owners
26Identification Card Act, nor utilized for any other purpose.

 

 

SB1948- 302 -LRB102 15817 RLC 21185 b

1The method of requiring the providing of such information
2shall guarantee that no information is released beyond what is
3necessary for this purpose. In addition, the information
4disclosed shall be provided by the Department within the time
5period established by Section 24-3 of the Criminal Code of
62012 regarding the delivery of firearms. The method used shall
7be sufficient to provide the necessary information within the
8prescribed time period, which may include periodically
9providing lists to the Department of Human Services or any
10public or private hospital or mental health facility of
11Firearm Owner's Identification Card applicants for firearm
12purchases on which the Department or hospital shall indicate
13the identities of those individuals who are to its knowledge
14disqualified from having a firearm Firearm Owner's
15Identification Card for reasons described herein. The
16Department may provide for a centralized source of information
17for the State on this subject under its jurisdiction. The
18identity of the person reporting under this subsection shall
19not be disclosed to the subject of the report. For the purposes
20of this subsection, the physician, clinical psychologist, or
21qualified examiner making the determination and his or her
22employer shall not be held criminally, civilly, or
23professionally liable for making or not making the
24notification required under this subsection, except for
25willful or wanton misconduct.
26    Any person, institution, or agency, under this Act,

 

 

SB1948- 303 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 304 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 305 -LRB102 15817 RLC 21185 b

1into custody and transports such person to a mental health or
2developmental disability facility pursuant to Section 3-606 or
34-404 of the Mental Health and Developmental Disabilities Code
4or who transports a person from such facility, a facility
5director shall furnish said peace officer the name, address,
6age and name of the nearest relative of the person transported
7to or from the mental health or developmental disability
8facility. In no case shall the facility director disclose to
9the peace officer any information relating to the diagnosis,
10treatment or evaluation of the person's mental or physical
11health.
12    For the purposes of this subsection (c), the terms "mental
13health or developmental disability facility", "peace officer"
14and "facility director" shall have the meanings ascribed to
15them in the Mental Health and Developmental Disabilities Code.
16    (d) Upon the request of a peace officer or prosecuting
17authority who is conducting a bona fide investigation of a
18criminal offense, or attempting to apprehend a fugitive from
19justice, a facility director may disclose whether a person is
20present at the facility. Upon request of a peace officer or
21prosecuting authority who has a valid forcible felony warrant
22issued, a facility director shall disclose: (1) whether the
23person who is the subject of the warrant is present at the
24facility and (2) the date of that person's discharge or future
25discharge from the facility. The requesting peace officer or
26prosecuting authority must furnish a case number and the

 

 

SB1948- 306 -LRB102 15817 RLC 21185 b

1purpose of the investigation or an outstanding arrest warrant
2at the time of the request. Any person, institution, or agency
3participating in good faith in disclosing such information in
4accordance with this subsection (d) is immune from any
5liability, civil, criminal or otherwise, that might result by
6reason of the action.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; 99-642, eff. 7-28-16.)
 
9    Section 105. The Illinois Domestic Violence Act of 1986 is
10amended by changing Section 214 as follows:
 
11    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
12    Sec. 214. Order of protection; remedies.
13    (a) Issuance of order. If the court finds that petitioner
14has been abused by a family or household member or that
15petitioner is a high-risk adult who has been abused,
16neglected, or exploited, as defined in this Act, an order of
17protection prohibiting the abuse, neglect, or exploitation
18shall issue; provided that petitioner must also satisfy the
19requirements of one of the following Sections, as appropriate:
20Section 217 on emergency orders, Section 218 on interim
21orders, or Section 219 on plenary orders. Petitioner shall not
22be denied an order of protection because petitioner or
23respondent is a minor. The court, when determining whether or
24not to issue an order of protection, shall not require

 

 

SB1948- 307 -LRB102 15817 RLC 21185 b

1physical manifestations of abuse on the person of the victim.
2Modification and extension of prior orders of protection shall
3be in accordance with this Act.
4    (b) Remedies and standards. The remedies to be included in
5an order of protection shall be determined in accordance with
6this Section and one of the following Sections, as
7appropriate: Section 217 on emergency orders, Section 218 on
8interim orders, and Section 219 on plenary orders. The
9remedies listed in this subsection shall be in addition to
10other civil or criminal remedies available to petitioner.
11        (1) Prohibition of abuse, neglect, or exploitation.
12    Prohibit respondent's harassment, interference with
13    personal liberty, intimidation of a dependent, physical
14    abuse, or willful deprivation, neglect or exploitation, as
15    defined in this Act, or stalking of the petitioner, as
16    defined in Section 12-7.3 of the Criminal Code of 2012, if
17    such abuse, neglect, exploitation, or stalking has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner
24    has a right to occupancy thereof. The grant of exclusive
25    possession of the residence, household, or premises shall
26    not affect title to real property, nor shall the court be

 

 

SB1948- 308 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 309 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 310 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 311 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 312 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 313 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 314 -LRB102 15817 RLC 21185 b

1        If a court finds, after a hearing, that respondent has
2    committed abuse (as defined in Section 103) of a minor
3    child, there shall be a rebuttable presumption that
4    awarding temporary significant decision-making
5    responsibility to respondent would not be in the child's
6    best interest.
7        (7) Parenting time. Determine the parenting time, if
8    any, of respondent in any case in which the court awards
9    physical care or allocates temporary significant
10    decision-making responsibility of a minor child to
11    petitioner. The court shall restrict or deny respondent's
12    parenting time with a minor child if the court finds that
13    respondent has done or is likely to do any of the
14    following: (i) abuse or endanger the minor child during
15    parenting time; (ii) use the parenting time as an
16    opportunity to abuse or harass petitioner or petitioner's
17    family or household members; (iii) improperly conceal or
18    detain the minor child; or (iv) otherwise act in a manner
19    that is not in the best interests of the minor child. The
20    court shall not be limited by the standards set forth in
21    Section 603.10 of the Illinois Marriage and Dissolution of
22    Marriage Act. If the court grants parenting time, the
23    order shall specify dates and times for the parenting time
24    to take place or other specific parameters or conditions
25    that are appropriate. No order for parenting time shall
26    refer merely to the term "reasonable parenting time".

 

 

SB1948- 315 -LRB102 15817 RLC 21185 b

1        Petitioner may deny respondent access to the minor
2    child if, when respondent arrives for parenting time,
3    respondent is under the influence of drugs or alcohol and
4    constitutes a threat to the safety and well-being of
5    petitioner or petitioner's minor children or is behaving
6    in a violent or abusive manner.
7        If necessary to protect any member of petitioner's
8    family or household from future abuse, respondent shall be
9    prohibited from coming to petitioner's residence to meet
10    the minor child for parenting time, and the parties shall
11    submit to the court their recommendations for reasonable
12    alternative arrangements for parenting time. A person may
13    be approved to supervise parenting time only after filing
14    an affidavit accepting that responsibility and
15    acknowledging accountability to the court.
16        (8) Removal or concealment of minor child. Prohibit
17    respondent from removing a minor child from the State or
18    concealing the child within the State.
19        (9) Order to appear. Order the respondent to appear in
20    court, alone or with a minor child, to prevent abuse,
21    neglect, removal or concealment of the child, to return
22    the child to the custody or care of the petitioner or to
23    permit any court-ordered interview or examination of the
24    child or the respondent.
25        (10) Possession of personal property. Grant petitioner
26    exclusive possession of personal property and, if

 

 

SB1948- 316 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 317 -LRB102 15817 RLC 21185 b

1        If petitioner's sole claim to ownership of the
2    property is that it is marital property, the court may
3    grant petitioner relief under subparagraph (ii) of this
4    paragraph only if a proper proceeding has been filed under
5    the Illinois Marriage and Dissolution of Marriage Act, as
6    now or hereafter amended.
7        The court may further prohibit respondent from
8    improperly using the financial or other resources of an
9    aged member of the family or household for the profit or
10    advantage of respondent or of any other person.
11        (11.5) Protection of animals. Grant the petitioner the
12    exclusive care, custody, or control of any animal owned,
13    possessed, leased, kept, or held by either the petitioner
14    or the respondent or a minor child residing in the
15    residence or household of either the petitioner or the
16    respondent and order the respondent to stay away from the
17    animal and forbid the respondent from taking,
18    transferring, encumbering, concealing, harming, or
19    otherwise disposing of the animal.
20        (12) Order for payment of support. Order respondent to
21    pay temporary support for the petitioner or any child in
22    the petitioner's care or over whom the petitioner has been
23    allocated parental responsibility, when the respondent has
24    a legal obligation to support that person, in accordance
25    with the Illinois Marriage and Dissolution of Marriage
26    Act, which shall govern, among other matters, the amount

 

 

SB1948- 318 -LRB102 15817 RLC 21185 b

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

 

 

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1        "appropriate temporary relief", as authorized by
2        subsection (a)(3) of Section 501 of that Act.
3            (ii) Recovery of expenses. In the case of an
4        improper concealment or removal of a minor child, the
5        court may order respondent to pay the reasonable
6        expenses incurred or to be incurred in the search for
7        and recovery of the minor child, including but not
8        limited to legal fees, court costs, private
9        investigator fees, and travel costs.
10        (14) Prohibition of entry. Prohibit the respondent
11    from entering or remaining in the residence or household
12    while the respondent is under the influence of alcohol or
13    drugs and constitutes a threat to the safety and
14    well-being of the petitioner or the petitioner's children.
15        (14.5) Prohibition of firearm possession.
16            (a) Prohibit a respondent against whom an order of
17        protection was issued from possessing any firearms
18        during the duration of the order if the order:
19                (1) was issued after a hearing of which such
20            person received actual notice, and at which such
21            person had an opportunity to participate;
22                (2) restrains such person from harassing,
23            stalking, or threatening an intimate partner of
24            such person or child of such intimate partner or
25            person, or engaging in other conduct that would
26            place an intimate partner in reasonable fear of

 

 

SB1948- 320 -LRB102 15817 RLC 21185 b

1            bodily injury to the partner or child; and
2                (3)(i) includes a finding that such person
3            represents a credible threat to the physical
4            safety of such intimate partner or child; or (ii)
5            by its terms explicitly prohibits the use,
6            attempted use, or threatened use of physical force
7            against such intimate partner or child that would
8            reasonably be expected to cause bodily injury.
9        Any Firearm Owner's Identification Card in the
10        possession of the respondent, except as provided in
11        subsection (b), shall be ordered by the court to be
12        turned over to the local law enforcement agency. The
13        local law enforcement agency shall immediately mail
14        the card to the Department of State Police Firearm
15        Owner's Identification Card Office for safekeeping.
16        The court shall issue a warrant for seizure of any
17        firearm in the possession of the respondent, to be
18        kept by the local law enforcement agency for
19        safekeeping, except as provided in subsection (b). The
20        period of safekeeping shall be for the duration of the
21        order of protection. The firearm or firearms and
22        Firearm Owner's Identification Card, if unexpired,
23        shall at the respondent's request, be returned to the
24        respondent at the end of the order of protection. It is
25        the respondent's responsibility to notify the
26        Department of State Police Firearm Owner's

 

 

SB1948- 321 -LRB102 15817 RLC 21185 b

1        Identification Card Office.
2            (b) If the respondent is a peace officer as
3        defined in Section 2-13 of the Criminal Code of 2012,
4        the court shall order that any firearms used by the
5        respondent in the performance of his or her duties as a
6        peace officer be surrendered to the chief law
7        enforcement executive of the agency in which the
8        respondent is employed, who shall retain the firearms
9        for safekeeping for the duration of the order of
10        protection.
11            (c) Upon expiration of the period of safekeeping,
12        if the firearms or Firearm Owner's Identification Card
13        cannot be returned to respondent because respondent
14        cannot be located, fails to respond to requests to
15        retrieve the firearms, or is not lawfully eligible to
16        possess a firearm, upon petition from the local law
17        enforcement agency, the court may order the local law
18        enforcement agency to destroy the firearms, use the
19        firearms for training purposes, or for any other
20        application as deemed appropriate by the local law
21        enforcement agency; or that the firearms be turned
22        over to a third party who is lawfully eligible to
23        possess firearms, and who does not reside with
24        respondent.
25        (15) Prohibition of access to records. If an order of
26    protection prohibits respondent from having contact with

 

 

SB1948- 322 -LRB102 15817 RLC 21185 b

1    the minor child, or if petitioner's address is omitted
2    under subsection (b) of Section 203, or if necessary to
3    prevent abuse or wrongful removal or concealment of a
4    minor child, the order shall deny respondent access to,
5    and prohibit respondent from inspecting, obtaining, or
6    attempting to inspect or obtain, school or any other
7    records of the minor child who is in the care of
8    petitioner.
9        (16) Order for payment of shelter services. Order
10    respondent to reimburse a shelter providing temporary
11    housing and counseling services to the petitioner for the
12    cost of the services, as certified by the shelter and
13    deemed reasonable by the court.
14        (17) Order for injunctive relief. Enter injunctive
15    relief necessary or appropriate to prevent further abuse
16    of a family or household member or further abuse, neglect,
17    or exploitation of a high-risk adult with disabilities or
18    to effectuate one of the granted remedies, if supported by
19    the balance of hardships. If the harm to be prevented by
20    the injunction is abuse or any other harm that one of the
21    remedies listed in paragraphs (1) through (16) of this
22    subsection is designed to prevent, no further evidence is
23    necessary that the harm is an irreparable injury.
24        (18) Telephone services.
25            (A) Unless a condition described in subparagraph
26        (B) of this paragraph exists, the court may, upon

 

 

SB1948- 323 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 324 -LRB102 15817 RLC 21185 b

1            (B) A wireless telephone service provider shall
2        terminate the respondent's use of, and shall transfer
3        to the petitioner use of, the telephone number or
4        numbers indicated in subparagraph (A) of this
5        paragraph unless it notifies the petitioner, within 72
6        hours after it receives the order, that one of the
7        following applies:
8                (i) The account holder named in the order has
9            terminated the account.
10                (ii) A difference in network technology would
11            prevent or impair the functionality of a device on
12            a network if the transfer occurs.
13                (iii) The transfer would cause a geographic or
14            other limitation on network or service provision
15            to the petitioner.
16                (iv) Another technological or operational
17            issue would prevent or impair the use of the
18            telephone number if the transfer occurs.
19            (C) The petitioner assumes all financial
20        responsibility for and right to the use of any
21        telephone number transferred under this paragraph. In
22        this paragraph, "financial responsibility" includes
23        monthly service costs and costs associated with any
24        mobile device associated with the number.
25            (D) A wireless telephone service provider may
26        apply to the petitioner its routine and customary

 

 

SB1948- 325 -LRB102 15817 RLC 21185 b

1        requirements for establishing an account or
2        transferring a number, including requiring the
3        petitioner to provide proof of identification,
4        financial information, and customer preferences.
5            (E) Except for willful or wanton misconduct, a
6        wireless telephone service provider is immune from
7        civil liability for its actions taken in compliance
8        with a court order issued under this paragraph.
9            (F) All wireless service providers that provide
10        services to residential customers shall provide to the
11        Illinois Commerce Commission the name and address of
12        an agent for service of orders entered under this
13        paragraph (18). Any change in status of the registered
14        agent must be reported to the Illinois Commerce
15        Commission within 30 days of such change.
16            (G) The Illinois Commerce Commission shall
17        maintain the list of registered agents for service for
18        each wireless telephone service provider on the
19        Commission's website. The Commission may consult with
20        wireless telephone service providers and the Circuit
21        Court Clerks on the manner in which this information
22        is provided and displayed.
23    (c) Relevant factors; findings.
24        (1) In determining whether to grant a specific remedy,
25    other than payment of support, the court shall consider
26    relevant factors, including but not limited to the

 

 

SB1948- 326 -LRB102 15817 RLC 21185 b

1    following:
2            (i) the nature, frequency, severity, pattern and
3        consequences of the respondent's past abuse, neglect
4        or exploitation of the petitioner or any family or
5        household member, including the concealment of his or
6        her location in order to evade service of process or
7        notice, and the likelihood of danger of future abuse,
8        neglect, or exploitation to petitioner or any member
9        of petitioner's or respondent's family or household;
10        and
11            (ii) the danger that any minor child will be
12        abused or neglected or improperly relocated from the
13        jurisdiction, improperly concealed within the State or
14        improperly separated from the child's primary
15        caretaker.
16        (2) In comparing relative hardships resulting to the
17    parties from loss of possession of the family home, the
18    court shall consider relevant factors, including but not
19    limited to the following:
20            (i) availability, accessibility, cost, safety,
21        adequacy, location and other characteristics of
22        alternate housing for each party and any minor child
23        or dependent adult in the party's care;
24            (ii) the effect on the party's employment; and
25            (iii) the effect on the relationship of the party,
26        and any minor child or dependent adult in the party's

 

 

SB1948- 327 -LRB102 15817 RLC 21185 b

1        care, to family, school, church and community.
2        (3) Subject to the exceptions set forth in paragraph
3    (4) of this subsection, the court shall make its findings
4    in an official record or in writing, and shall at a minimum
5    set forth the following:
6            (i) That the court has considered the applicable
7        relevant factors described in paragraphs (1) and (2)
8        of this subsection.
9            (ii) Whether the conduct or actions of respondent,
10        unless prohibited, will likely cause irreparable harm
11        or continued abuse.
12            (iii) Whether it is necessary to grant the
13        requested relief in order to protect petitioner or
14        other alleged abused persons.
15        (4) For purposes of issuing an ex parte emergency
16    order of protection, the court, as an alternative to or as
17    a supplement to making the findings described in
18    paragraphs (c)(3)(i) through (c)(3)(iii) of this
19    subsection, may use the following procedure:
20        When a verified petition for an emergency order of
21    protection in accordance with the requirements of Sections
22    203 and 217 is presented to the court, the court shall
23    examine petitioner on oath or affirmation. An emergency
24    order of protection shall be issued by the court if it
25    appears from the contents of the petition and the
26    examination of petitioner that the averments are

 

 

SB1948- 328 -LRB102 15817 RLC 21185 b

1    sufficient to indicate abuse by respondent and to support
2    the granting of relief under the issuance of the emergency
3    order of protection.
4        (5) Never married parties. No rights or
5    responsibilities for a minor child born outside of
6    marriage attach to a putative father until a father and
7    child relationship has been established under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    the Illinois Public Aid Code, Section 12 of the Vital
10    Records Act, the Juvenile Court Act of 1987, the Probate
11    Act of 1975, the Revised Uniform Reciprocal Enforcement of
12    Support Act, the Uniform Interstate Family Support Act,
13    the Expedited Child Support Act of 1990, any judicial,
14    administrative, or other act of another state or
15    territory, any other Illinois statute, or by any foreign
16    nation establishing the father and child relationship, any
17    other proceeding substantially in conformity with the
18    Personal Responsibility and Work Opportunity
19    Reconciliation Act of 1996 (Pub. L. 104-193), or where
20    both parties appeared in open court or at an
21    administrative hearing acknowledging under oath or
22    admitting by affirmation the existence of a father and
23    child relationship. Absent such an adjudication, finding,
24    or acknowledgment, no putative father shall be granted
25    temporary allocation of parental responsibilities,
26    including parenting time with the minor child, or physical

 

 

SB1948- 329 -LRB102 15817 RLC 21185 b

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

 

 

SB1948- 330 -LRB102 15817 RLC 21185 b

1        (6) Petitioner did not leave the residence or
2    household to avoid further abuse, neglect, or exploitation
3    by respondent;
4        (7) Conduct by any family or household member excused
5    the abuse, neglect, or exploitation by respondent, unless
6    that same conduct would have excused such abuse, neglect,
7    or exploitation if the parties had not been family or
8    household members.
9(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
10eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
11100-923, eff. 1-1-19.)
 
12    Section 110. The Uniform Disposition of Unclaimed Property
13Act is amended by changing Section 1 as follows:
 
14    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
15    Sec. 1. As used in this Act, unless the context otherwise
16requires:
17    (a) "Banking organization" means any bank, trust company,
18savings bank, industrial bank, land bank, safe deposit
19company, or a private banker.
20    (b) "Business association" means any corporation, joint
21stock company, business trust, partnership, or any
22association, limited liability company, or other business
23entity consisting of one or more persons, whether or not for
24profit.

 

 

SB1948- 331 -LRB102 15817 RLC 21185 b

1    (c) "Financial organization" means any savings and loan
2association, building and loan association, credit union,
3currency exchange, co-operative bank, mutual funds, or
4investment company.
5    (d) "Holder" means any person in possession of property
6subject to this Act belonging to another, or who is trustee in
7case of a trust, or is indebted to another on an obligation
8subject to this Act.
9    (e) "Life insurance corporation" means any association or
10corporation transacting the business of insurance on the lives
11of persons or insurance appertaining thereto, including, but
12not by way of limitation, endowments and annuities.
13    (f) "Owner" means a depositor in case of a deposit, a
14beneficiary in case of a trust, a creditor, claimant, or payee
15in case of other property, or any person having a legal or
16equitable interest in property subject to this Act, or his
17legal representative.
18    (g) "Person" means any individual, business association,
19financial organization, government or political subdivision or
20agency, public authority, estate, trust, or any other legal or
21commercial entity.
22    (h) "Utility" means any person who owns or operates, for
23public use, any plant, equipment, property, franchise, or
24license for the transmission of communications or the
25production, storage, transmission, sale, delivery, or
26furnishing of electricity, water, steam, oil or gas.

 

 

SB1948- 332 -LRB102 15817 RLC 21185 b

1    (i) (Blank).
2    (j) "Insurance company" means any person transacting the
3kinds of business enumerated in Section 4 of the Illinois
4Insurance Code other than life insurance.
5    (k) "Economic loss", as used in Sections 2a and 9 of this
6Act includes, but is not limited to, delivery charges,
7mark-downs and write-offs, carrying costs, restocking charges,
8lay-aways, special orders, issuance of credit memos, and the
9costs of special services or goods provided that reduce the
10property value or that result in lost sales opportunity.
11    (l) "Reportable property" means property, tangible or
12intangible, presumed abandoned under this Act that must be
13appropriately and timely reported and remitted to the Office
14of the State Treasurer under this Act. Interest, dividends,
15stock splits, warrants, or other rights that become reportable
16property under this Act include the underlying security or
17commodity giving rise to the interest, dividend, split,
18warrant, or other right to which the owner would be entitled.
19    (m) "Firearm" has the meaning ascribed to that term in
20Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
21Identification Card Act.
22(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
2391-748, eff. 6-2-00.)
 
24    Section 115. The Revised Uniform Unclaimed Property Act is
25amended by changing Section 15-705 as follows:
 

 

 

SB1948- 333 -LRB102 15817 RLC 21185 b

1    (765 ILCS 1026/15-705)
2    Sec. 15-705. Exceptions to the sale of tangible property.
3The administrator shall dispose of tangible property
4identified by this Section in accordance with this Section.
5    (a) Military medals or decorations. The administrator may
6not sell a medal or decoration awarded for military service in
7the armed forces of the United States. Instead, the
8administrator, with the consent of the respective organization
9under paragraph (1), agency under paragraph (2), or entity
10under paragraph (3), may deliver a medal or decoration to be
11held in custody for the owner, to:
12        (1) a military veterans organization qualified under
13    Section 501(c)(19) of the Internal Revenue Code;
14        (2) the agency that awarded the medal or decoration;
15    or
16        (3) a governmental entity.
17    After delivery, the administrator is not responsible for
18the safekeeping of the medal or decoration.
19    (b) Property with historical value. Property that the
20administrator reasonably believes may have historical value
21may be, at his or her discretion, loaned to an accredited
22museum in the United States where it will be kept until such
23time as the administrator orders it to be returned to his or
24her custody.
25    (c) Human remains. If human remains are delivered to the

 

 

SB1948- 334 -LRB102 15817 RLC 21185 b

1administrator under this Act, the administrator shall deliver
2those human remains to the coroner of the county in which the
3human remains were abandoned for disposition under Section
43-3034 of the Counties Code. The only human remains that may be
5delivered to the administrator under this Act and that the
6administrator may receive are those that are reported and
7delivered as contents of a safe deposit box.
8    (d) Evidence in a criminal investigation. Property that
9may have been used in the commission of a crime or that may
10assist in the investigation of a crime, as determined after
11consulting with the Department of State Police, shall be
12delivered to the Department of State Police or other
13appropriate law enforcement authority to allow law enforcement
14to determine whether a criminal investigation should take
15place. Any such property delivered to a law enforcement
16authority shall be held in accordance with existing statutes
17and rules related to the gathering, retention, and release of
18evidence.
19    (e) Firearms.
20        (1) The administrator, in cooperation with the
21    Department of State Police, shall develop a procedure to
22    determine whether a firearm delivered to the administrator
23    under this Act has been stolen or used in the commission of
24    a crime. The Department of State Police shall determine
25    the appropriate disposition of a firearm that has been
26    stolen or used in the commission of a crime. The

 

 

SB1948- 335 -LRB102 15817 RLC 21185 b

1    administrator shall attempt to return a firearm that has
2    not been stolen or used in the commission of a crime to the
3    rightful owner if the Department of State Police
4    determines that the owner may lawfully possess the
5    firearm.
6        (2) If the administrator is unable to return a firearm
7    to its owner, the administrator shall transfer custody of
8    the firearm to the Department of State Police. Legal title
9    to a firearm transferred to the Department of State Police
10    under this subsection (e) is vested in the Department of
11    State Police by operation of law if:
12            (i) the administrator cannot locate the owner of
13        the firearm;
14            (ii) the owner of the firearm may not lawfully
15        possess the firearm;
16            (iii) the apparent owner does not respond to
17        notice published under Section 15-503 of this Act; or
18            (iv) the apparent owner responds to notice
19        published under Section 15-502 and states that he or
20        she no longer claims an interest in the firearm.
21        (3) With respect to a firearm whose title is
22    transferred to the Department of State Police under this
23    subsection (e), the Department of State Police may:
24            (i) retain the firearm for use by the crime
25        laboratory system, for training purposes, or for any
26        other application as deemed appropriate by the

 

 

SB1948- 336 -LRB102 15817 RLC 21185 b

1        Department;
2            (ii) transfer the firearm to the Illinois State
3        Museum if the firearm has historical value; or
4            (iii) destroy the firearm if it is not retained
5        pursuant to subparagraph (i) or transferred pursuant
6        to subparagraph (ii).
7    As used in this subsection, "firearm" has the meaning
8provided in Section 2-7.5 of the Criminal Code of 2012 the
9Firearm Owners Identification Card Act.
10(Source: P.A. 100-22, eff. 1-1-18.)
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.

 

 

SB1948- 337 -LRB102 15817 RLC 21185 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5    20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6    20 ILCS 2605/2605-595
7    20 ILCS 2605/2605-120 rep.
8    20 ILCS 2630/2.2
9    30 ILCS 105/6z-99
10    50 ILCS 710/1from Ch. 85, par. 515
11    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12    105 ILCS 5/10-27.1A
13    105 ILCS 5/34-8.05
14    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15    225 ILCS 447/35-30
16    225 ILCS 447/35-35
17    405 ILCS 5/6-103.1
18    405 ILCS 5/6-103.2
19    405 ILCS 5/6-103.3
20    410 ILCS 45/2from Ch. 111 1/2, par. 1302
21    430 ILCS 65/Act rep.
22    430 ILCS 66/25
23    430 ILCS 66/30
24    430 ILCS 66/40
25    430 ILCS 66/70

 

 

SB1948- 338 -LRB102 15817 RLC 21185 b

1    430 ILCS 66/80
2    430 ILCS 66/105
3    430 ILCS 67/35
4    430 ILCS 67/40
5    430 ILCS 68/5-20
6    430 ILCS 68/5-25
7    430 ILCS 68/5-40
8    430 ILCS 68/5-85
9    520 ILCS 5/3.2from Ch. 61, par. 3.2
10    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
11    720 ILCS 5/2-7.1
12    720 ILCS 5/2-7.5
13    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
14    720 ILCS 5/16-0.1
15    720 ILCS 5/17-30was 720 ILCS 5/16C-2
16    720 ILCS 5/24-1from Ch. 38, par. 24-1
17    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
18    720 ILCS 5/24-1.6
19    720 ILCS 5/24-1.8
20    720 ILCS 5/24-2
21    720 ILCS 5/24-3from Ch. 38, par. 24-3
22    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
23    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
24    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
25    720 ILCS 5/24-3.5
26    720 ILCS 5/24-3B

 

 

SB1948- 339 -LRB102 15817 RLC 21185 b

1    720 ILCS 5/24-4.1
2    720 ILCS 5/24-4.5 new
3    720 ILCS 5/24-9
4    720 ILCS 646/10
5    725 ILCS 5/102-7.1
6    725 ILCS 5/110-10from Ch. 38, par. 110-10
7    725 ILCS 5/112A-11.1
8    725 ILCS 5/112A-11.2
9    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
10    730 ILCS 5/5-4.5-110
11    730 ILCS 5/5-5-3
12    730 ILCS 5/5-5-3.2
13    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
14    740 ILCS 21/80
15    740 ILCS 110/12from Ch. 91 1/2, par. 812
16    750 ILCS 60/214from Ch. 40, par. 2312-14
17    765 ILCS 1025/1from Ch. 141, par. 101
18    765 ILCS 1026/15-705