102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2264

 

Introduced 2/26/2021, by Sen. Chapin Rose

 

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

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


LRB102 15685 RLC 21049 b

 

 

A BILL FOR

 

SB2264LRB102 15685 RLC 21049 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (14) Manufacture, transportation, or sale of weapons
2    to persons authorized under subdivisions (1) through
3    (13.5) of this subsection to possess those weapons.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect any person carrying a concealed pistol, revolver,
6or handgun and the person has been issued a currently valid
7license under the Firearm Concealed Carry Act at the time of
8the commission of the offense.
9     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect a qualified current or retired law enforcement
11officer qualified under the laws of this State or under the
12federal Law Enforcement Officers Safety Act.
13    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any of the following:
15        (1) Members of any club or organization organized for
16    the purpose of practicing shooting at targets upon
17    established target ranges, whether public or private, and
18    patrons of such ranges, while such members or patrons are
19    using their firearms on those target ranges.
20        (2) Duly authorized military or civil organizations
21    while parading, with the special permission of the
22    Governor.
23        (3) Hunters, trappers or fishermen with a license or
24    permit while engaged in hunting, trapping or fishing.
25        (4) Transportation of weapons that are broken down in
26    a non-functioning state or are not immediately accessible.

 

 

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1        (5) Carrying or possessing any pistol, revolver, stun
2    gun or taser or other firearm on the land or in the legal
3    dwelling of another person as an invitee with that
4    person's permission.
5    (c) Subsection 24-1(a)(7) does not apply to or affect any
6of the following:
7        (1) Peace officers while in performance of their
8    official duties.
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        (3) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while in
14    the performance of their official duty.
15        (4) Manufacture, transportation, or sale of machine
16    guns to persons authorized under subdivisions (1) through
17    (3) of this subsection to possess machine guns, if the
18    machine guns are broken down in a non-functioning state or
19    are not immediately accessible.
20        (5) Persons licensed under federal law to manufacture
21    any weapon from which 8 or more shots or bullets can be
22    discharged by a single function of the firing device, or
23    ammunition for such weapons, and actually engaged in the
24    business of manufacturing such weapons or ammunition, but
25    only with respect to activities which are within the
26    lawful scope of such business, such as the manufacture,

 

 

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

 

 

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

 

 

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

 

 

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1such as the manufacture, transportation, or testing of those
2devices, firearms, or ammunition. This exemption does not
3authorize the general private possession of any device or
4attachment of any kind designed, used, or intended for use in
5silencing the report of any firearm, but only such possession
6and activities as are within the lawful scope of a licensed
7manufacturing business described in this subsection (g-5).
8During transportation, these devices shall be detached from
9any weapon or not immediately accessible.
10    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any parole agent or parole
12supervisor who meets the qualifications and conditions
13prescribed in Section 3-14-1.5 of the Unified Code of
14Corrections.
15    (g-7) Subsection 24-1(a)(6) does not apply to a peace
16officer while serving as a member of a tactical response team
17or special operations team. A peace officer may not personally
18own or apply for ownership of a device or attachment of any
19kind designed, used, or intended for use in silencing the
20report of any firearm. These devices shall be owned and
21maintained by lawfully recognized units of government whose
22duties include the investigation of criminal acts.
23    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any currently employed or
25retired:
26        (1) State correctional officer who meets the

 

 

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1    qualifications and conditions prescribed in Section 3-2-13
2    of the Unified Code of Corrections; or
3        (2) county correctional officer who meets the
4    qualifications and conditions prescribed in Section 26.1
5    of the County Jail Act.
6    (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016
16Olympic and Paralympic Games.
17    (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any
19exemptions contained in this Article. The defendant shall have
20the burden of proving such an exemption.
21    (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm
24consigned to a common carrier operating under license of the
25State of Illinois or the federal government, where such
26transportation, carrying, or possession is incident to the

 

 

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1lawful transportation in which such common carrier is engaged;
2and nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession of any
4pistol, revolver, stun gun, taser, or other firearm, not the
5subject of and regulated by subsection 24-1(a)(7) or
6subsection 24-2(c) of this Article, which is unloaded and
7enclosed in a case, firearm carrying box, shipping box, or
8other container, by the possessor of a valid Firearm Owners
9Identification Card.
10(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
11    Section 10. The Unified Code of Corrections is amended by
12adding Section 3-2-13 as follows:
 
13    (730 ILCS 5/3-2-13 new)
14    Sec. 3-2-13. State correctional officers; off-duty
15firearms.
16    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 of the Criminal Code of 2012 do not apply to currently
18employed or retired State correctional officers who meet the
19following conditions:
20        (1) The currently employed or retired State
21    correctional officer must be at least 21 years of age and
22    possess a valid Firearm Owner's Identification Card as
23    prescribed in the Firearm Owners Identification Card Act,
24    receive training in the use of firearms while off duty

 

 

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1    conducted by the Illinois Law Enforcement Training
2    Standards Board, and be certified as successfully
3    completing the training by the Board. The Board shall
4    determine the amount of the training and the course
5    content for the training. The currently employed or
6    retired State correctional officer shall requalify for the
7    firearms training annually at a State range certified by
8    the Illinois Law Enforcement Training Standards Board. The
9    expenses of the retraining shall be paid by the currently
10    employed or retired State correctional officer and moneys
11    for the costs of the requalification shall be expended at
12    the request of the Illinois Law Enforcement Training
13    Standards Board.
14        (2) The currently employed or retired State
15    correctional officer shall purchase the firearm at his or
16    her own expense and shall register the firearm with the
17    Illinois State Police and with any other local law
18    enforcement agencies that require the registration.
19        (3) The currently employed or retired State
20    correctional officer may not carry any Illinois Department
21    of Corrections or Department of Juvenile Justice
22    State-issued firearm while off duty. A person who violates
23    this paragraph (3) is subject to disciplinary action by
24    the Illinois Department of Corrections or the Department
25    of Juvenile Justice.
26        (4) State correctional officers who are or were

 

 

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1    discharged from employment by the Illinois Department of
2    Corrections or the Department of Juvenile Justice for
3    cause shall no longer be considered law enforcement
4    officials and all their rights as law enforcement
5    officials shall be revoked permanently, unless employed
6    thereafter by the Department of Corrections or the
7    Department of Juvenile Justice.
8    (b) As used in this Section, "State correctional officer"
9means an employee of the Department of Corrections or the
10Department of Juvenile Justice who has custody and control
11over inmates in an adult or juvenile correctional facility.
 
12    Section 15. The County Jail Act is amended by adding
13Section 26.1 as follows:
 
14    (730 ILCS 125/26.1 new)
15    Sec. 26.1. County correctional officers; off-duty
16firearms.
17    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 of the Criminal Code of 2012 do not apply to currently
19employed or retired county correctional officers who meet the
20following conditions:
21        (1) The currently employed or retired county
22    correctional officer must be at least 21 years of age and
23    possess a valid Firearm Owner's Identification Card as
24    prescribed in the Firearm Owners Identification Card Act,

 

 

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1    receive training in the use of firearms while off duty
2    conducted by the Illinois Law Enforcement Training
3    Standards Board, and be certified as successfully
4    completing the training by the Board. The Board shall
5    determine the amount of the training and the course
6    content for the training. The currently employed or
7    retired county correctional officer shall requalify for
8    the firearms training annually at a State range certified
9    by the Illinois Law Enforcement Training Standards Board.
10    The expenses of the retraining shall be paid by the
11    currently employed or retired county correctional officer
12    and moneys for the costs of the requalification shall be
13    expended at the request of the Illinois Law Enforcement
14    Training Standards Board.
15        (2) The currently employed or retired county
16    correctional officer shall purchase the firearm at his or
17    her own expense and shall register the firearm with the
18    Illinois State Police and with any other local law
19    enforcement agencies that require the registration.
20        (3) The currently employed or retired county
21    correctional officer may not carry any county
22    sheriff-issued firearm while off duty. A person who
23    violates this paragraph (3) is subject to disciplinary
24    action by the county sheriff.
25        (4) County correctional officers who are or were
26    discharged from employment by a county sheriff for cause

 

 

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1    shall no longer be considered law enforcement officials
2    and all their rights as law enforcement officials shall be
3    revoked permanently, unless employed thereafter by a
4    county sheriff.
5    (b) As used in this Section, "county correctional officer"
6means an employee of the county who has custody and control
7over inmates in a county jail or juvenile detention center.