103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1134

 

Introduced 1/12/2023, by Rep. Chris Miller

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 05118 RLC 50132 b

 

 

A BILL FOR

 

HB1134LRB103 05118 RLC 50132 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 2. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    amendatory Act of the 103rd General Assembly.
2    (d) Definitions. For purposes of this Section:
3    "Employee" means a person employed by a public body whose
4relationship with the public body constitutes an
5employer-employee relationship under the usual common law
6rules, and who is not an independent contractor.
7    "Public office" means a position created by or under the
8Constitution or laws of this State, the occupant of which is
9charged with the exercise of some portion of the sovereign
10power of this State. The term "public office" shall include
11members of the public body, but it shall not include
12organizational positions filled by members thereof, whether
13established by law or by a public body itself, that exist to
14assist the body in the conduct of its business.
15    "Quasi-adjudicative body" means an administrative body
16charged by law or ordinance with the responsibility to conduct
17hearings, receive evidence or testimony and make
18determinations based thereon, but does not include local
19electoral boards when such bodies are considering petition
20challenges.
21    (e) Final action. No final action may be taken at a closed
22meeting. Final action shall be preceded by a public recital of
23the nature of the matter being considered and other
24information that will inform the public of the business being
25conducted.
26(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

 

 

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1101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
28-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
3    Section 5. The Freedom of Information Act is amended by
4changing Section 7.5 as follows:
 
5    (5 ILCS 140/7.5)
6    Sec. 7.5. Statutory exemptions. To the extent provided for
7by the statutes referenced below, the following shall be
8exempt from inspection and copying:
9        (a) All information determined to be confidential
10    under Section 4002 of the Technology Advancement and
11    Development Act.
12        (b) Library circulation and order records identifying
13    library users with specific materials under the Library
14    Records Confidentiality Act.
15        (c) Applications, related documents, and medical
16    records received by the Experimental Organ Transplantation
17    Procedures Board and any and all documents or other
18    records prepared by the Experimental Organ Transplantation
19    Procedures Board or its staff relating to applications it
20    has received.
21        (d) Information and records held by the Department of
22    Public Health and its authorized representatives relating
23    to known or suspected cases of sexually transmissible
24    disease or any information the disclosure of which is

 

 

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

 

 

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1    under Section 11-212 of the Illinois Vehicle Code.
2        (l) Records and information provided to a residential
3    health care facility resident sexual assault and death
4    review team or the Executive Council under the Abuse
5    Prevention Review Team Act.
6        (m) Information provided to the predatory lending
7    database created pursuant to Article 3 of the Residential
8    Real Property Disclosure Act, except to the extent
9    authorized under that Article.
10        (n) Defense budgets and petitions for certification of
11    compensation and expenses for court appointed trial
12    counsel as provided under Sections 10 and 15 of the
13    Capital Crimes Litigation Act. This subsection (n) shall
14    apply until the conclusion of the trial of the case, even
15    if the prosecution chooses not to pursue the death penalty
16    prior to trial or sentencing.
17        (o) Information that is prohibited from being
18    disclosed under Section 4 of the Illinois Health and
19    Hazardous Substances Registry Act.
20        (p) Security portions of system safety program plans,
21    investigation reports, surveys, schedules, lists, data, or
22    information compiled, collected, or prepared by or for the
23    Department of Transportation under Sections 2705-300 and
24    2705-616 of the Department of Transportation Law of the
25    Civil Administrative Code of Illinois, the Regional
26    Transportation Authority under Section 2.11 of the

 

 

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

 

 

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1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act before the
4    effective date of this amendatory Act of the 103rd General
5    Assembly or applied for or received a concealed carry
6    license under the Firearm Concealed Carry Act, unless
7    otherwise authorized by the Firearm Concealed Carry Act;
8    and databases under the Firearm Concealed Carry Act,
9    records of the Concealed Carry Licensing Review Board
10    under the Firearm Concealed Carry Act, and law enforcement
11    agency objections under the Firearm Concealed Carry Act.
12        (v-5) Records of the Firearm Owner's Identification
13    Card Review Board that are exempted from disclosure under
14    Section 10 of the Firearm Owners Identification Card Act
15    before the effective date of this amendatory Act of the
16    103rd General Assembly.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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

 

 

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

 

 

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

 

 

HB1134- 18 -LRB103 05118 RLC 50132 b

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is prohibited from disclosure
3    by the Illinois Police Training Act and the Illinois State
4    Police Act.
5        (ccc) (Blank). Records exempt from disclosure under
6    Section 2605-304 of the Illinois State Police Law of the
7    Civil Administrative Code of Illinois.
8        (ddd) Information prohibited from being disclosed
9    under Section 35 of the Address Confidentiality for
10    Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15        (fff) Images from cameras under the Expressway Camera
16    Act. This subsection (fff) is inoperative on and after
17    July 1, 2023.
18        (ggg) (fff) Information prohibited from disclosure
19    under paragraph (3) of subsection (a) of Section 14 of the
20    Nurse Agency Licensing Act.
21(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
22101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
231-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
24eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
25101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
261-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

 

 

HB1134- 19 -LRB103 05118 RLC 50132 b

1eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
2102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
37-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
 
4    Section 5.5. The Illinois TRUST Act is amended by changing
5Section 15 as follows:
 
6    (5 ILCS 805/15)
7    Sec. 15. Prohibition on enforcing federal civil
8immigration laws.
9    (a) A law enforcement agency or law enforcement official
10shall not detain or continue to detain any individual solely
11on the basis of any immigration detainer or civil immigration
12warrant or otherwise comply with an immigration detainer or
13civil immigration warrant.
14    (b) A law enforcement agency or law enforcement official
15shall not stop, arrest, search, detain, or continue to detain
16a person solely based on an individual's citizenship or
17immigration status.
18    (c) (Blank).
19    (d) A law enforcement agency or law enforcement official
20acting in good faith in compliance with this Section who
21releases a person subject to an immigration detainer or civil
22immigration warrant shall have immunity from any civil or
23criminal liability that might otherwise occur as a result of
24making the release, with the exception of willful or wanton

 

 

HB1134- 20 -LRB103 05118 RLC 50132 b

1misconduct.
2    (e) A law enforcement agency or law enforcement official
3may not inquire about or investigate the citizenship or
4immigration status or place of birth of any individual in the
5agency or official's custody or who has otherwise been stopped
6or detained by the agency or official. Nothing in this
7subsection shall be construed to limit the ability of a law
8enforcement agency or law enforcement official, pursuant to
9State or federal law, to notify a person in the law enforcement
10agency's custody about that person's right to communicate with
11consular officers from that person's country of nationality,
12or facilitate such communication, in accordance with the
13Vienna Convention on Consular Relations or other bilateral
14agreements. Nothing in this subsection shall be construed to
15limit the ability of a law enforcement agency or law
16enforcement official to request evidence of citizenship or
17immigration status pursuant to the Firearm Owners
18Identification Card Act, the Firearm Concealed Carry Act,
19Article 24 of the Criminal Code of 2012, or 18 United States
20Code Sections 921 through 931.
21    (f) Unless otherwise limited by federal law, a law
22enforcement agency or law enforcement official may not deny
23services, benefits, privileges, or opportunities to an
24individual in custody or under probation status, including,
25but not limited to, eligibility for or placement in a lower
26custody classification, educational, rehabilitative, or

 

 

HB1134- 21 -LRB103 05118 RLC 50132 b

1diversionary programs, on the basis of the individual's
2citizenship or immigration status, the issuance of an
3immigration detainer or civil immigration warrant against the
4individual, or the individual being in immigration removal
5proceedings.
6    (g)(1) No law enforcement agency, law enforcement
7official, or any unit of State or local government may enter
8into or renew any contract, intergovernmental service
9agreement, or any other agreement to house or detain
10individuals for federal civil immigration violations.
11    (2) Any law enforcement agency, law enforcement official,
12or unit of State or local government with an existing
13contract, intergovernmental agreement, or other agreement,
14whether in whole or in part, that is utilized to house or
15detain individuals for civil immigration violations shall
16exercise the termination provision in the agreement as applied
17to housing or detaining individuals for civil immigration
18violations no later than January 1, 2022.
19    (h) Unless presented with a federal criminal warrant, or
20otherwise required by federal law, a law enforcement agency or
21official may not:
22        (1) participate, support, or assist in any capacity
23    with an immigration agent's enforcement operations,
24    including any collateral assistance such as coordinating
25    an arrest in a courthouse or other public facility,
26    providing use of any equipment, transporting any

 

 

HB1134- 22 -LRB103 05118 RLC 50132 b

1    individuals, or establishing a security or traffic
2    perimeter surrounding such operations, or any other
3    on-site support;
4        (2) give any immigration agent access, including by
5    telephone, to any individual who is in that agency's
6    custody;
7        (3) transfer any person into an immigration agent's
8    custody;
9        (4) permit immigration agents use of agency facilities
10    or equipment, including any agency electronic databases
11    not available to the public, for investigative interviews
12    or other investigative or immigration enforcement purpose;
13        (5) enter into or maintain any agreement regarding
14    direct access to any electronic database or other
15    data-sharing platform maintained by any law enforcement
16    agency, or otherwise provide such direct access to the
17    U.S. Immigration and Customs Enforcement, United States
18    Customs and Border Protection or any other federal entity
19    enforcing civil immigration violations;
20        (6) provide information in response to any immigration
21    agent's inquiry or request for information regarding any
22    individual in the agency's custody; or
23        (7) provide to any immigration agent information not
24    otherwise available to the public relating to an
25    individual's release or contact information, or otherwise
26    facilitate for an immigration agent to apprehend or

 

 

HB1134- 23 -LRB103 05118 RLC 50132 b

1    question an individual for immigration enforcement.
2    (i) Nothing in this Section shall preclude a law
3enforcement official from otherwise executing that official's
4duties in investigating violations of criminal law and
5cooperating in such investigations with federal and other law
6enforcement agencies (including criminal investigations
7conducted by federal Homeland Security Investigations (HSI))
8in order to ensure public safety.
9(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
 
10    Section 6. The Gun Trafficking Information Act is amended
11by changing Section 10-5 as follows:
 
12    (5 ILCS 830/10-5)
13    Sec. 10-5. Gun trafficking information.
14    (a) The Illinois State Police shall use all reasonable
15efforts in making publicly available, on a regular and ongoing
16basis, key information related to firearms used in the
17commission of crimes in this State, including, but not limited
18to: reports on crimes committed with firearms, locations where
19the crimes occurred, the number of persons killed or injured
20in the commission of the crimes, the state where the firearms
21used originated, the Federal Firearms Licensee that sold the
22firearm, the type of firearms used, annual statistical
23information concerning Firearm Owner's Identification Card and
24concealed carry license applications, revocations, and

 

 

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1compliance with Section 9.5 of the Firearm Owners
2Identification Card Act, firearm restraining order
3dispositions, and firearm dealer license certification
4inspections. The Illinois State Police shall make the
5information available on its website, which may be presented
6in a dashboard format, in addition to electronically filing a
7report with the Governor and the General Assembly. The report
8to the General Assembly shall be filed with the Clerk of the
9House of Representatives and the Secretary of the Senate in
10electronic form only, in the manner that the Clerk and the
11Secretary shall direct.
12    (b) The Illinois State Police shall study, on a regular
13and ongoing basis, and compile reports on the number of NICS
14Firearm Owner's Identification Card checks to determine
15firearms trafficking or straw purchase patterns. The Illinois
16State Police shall, to the extent not inconsistent with law,
17share such reports and underlying data with academic centers,
18foundations, and law enforcement agencies studying firearms
19trafficking, provided that personally identifying information
20is protected. For purposes of this subsection (b), a Firearm
21Owner's Identification Card number is not personally
22identifying information, provided that no other personal
23information of the card holder is attached to the record. The
24Illinois State Police may create and attach an alternate
25unique identifying number to each Firearm Owner's
26Identification Card number, instead of releasing the Firearm

 

 

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1Owner's Identification Card number itself.
2    (c) Each department, office, division, and agency of this
3State shall, to the extent not inconsistent with law,
4cooperate fully with the Illinois State Police and furnish the
5Illinois State Police with all relevant information and
6assistance on a timely basis as is necessary to accomplish the
7purpose of this Act. The Illinois Criminal Justice Information
8Authority shall submit the information required in subsection
9(a) of this Section to the Illinois State Police, and any other
10information as the Illinois State Police may request, to
11assist the Illinois State Police in carrying out its duties
12under this Act.
13(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
 
15    Section 6.5. The First Responders Suicide Prevention Act
16is amended by changing Section 40 as follows:
 
17    (5 ILCS 840/40)
18    Sec. 40. Task Force recommendations.
19    (a) Task Force members shall recommend that agencies and
20organizations guarantee access to mental health and wellness
21services, including, but not limited to, peer support programs
22and providing ongoing education related to the ever-evolving
23concept of mental health wellness. These recommendations could
24be accomplished by:

 

 

HB1134- 26 -LRB103 05118 RLC 50132 b

1        (1) Revising agencies' and organizations' employee
2    assistance programs (EAPs).
3        (2) Urging health care providers to replace outdated
4    healthcare plans and include more progressive options
5    catering to the needs and disproportionate risks
6    shouldered by our first responders.
7        (3) Allocating funding or resources for public service
8    announcements (PSA) and messaging campaigns aimed at
9    raising awareness of available assistance options.
10        (4) Encouraging agencies and organizations to attach
11    lists of all available resources to training manuals and
12    continuing education requirements.
13    (b) Task Force members shall recommend agencies and
14organizations sponsor or facilitate first responders with
15specialized training in the areas of psychological fitness,
16depressive disorders, early detection, and mitigation best
17practices. Such trainings could be accomplished by:
18        (1) Assigning, appointing, or designating one member
19    of an agency or organization to attend specialized
20    training(s) sponsored by an accredited agency,
21    association, or organization recognized in their fields of
22    study.
23        (2) Seeking sponsorships or conducting fund-raisers,
24    to host annual or semiannual on-site visits from qualified
25    clinicians or physicians to provide early detection
26    training techniques, or to provide regular access to

 

 

HB1134- 27 -LRB103 05118 RLC 50132 b

1    mental health professionals.
2        (3) Requiring a minimum number of hours of disorders
3    and wellness training be incorporated into reoccurring,
4    annual or biannual training standards, examinations, and
5    curriculums, taking into close consideration respective
6    agency or organization size, frequency, and number of all
7    current federal and state mandatory examinations and
8    trainings expected respectively.
9        (4) Not underestimating the crucial importance of a
10    balanced diet, sleep, mindfulness-based stress reduction
11    techniques, moderate and vigorous intensity activities,
12    and recreational hobbies, which have been scientifically
13    proven to play a major role in brain health and mental
14    wellness.
15    (c) Task Force members shall recommend that administrators
16and leadership personnel solicit training services from
17evidence-based, data driven organizations. Organizations with
18personnel trained on the analytical review and interpretation
19of specific fields related to the nature of first responders'
20exploits, such as PTSD, substance abuse, chronic state of
21duress. Task Force members shall further recommend funding for
22expansion and messaging campaigns of preliminary
23self-diagnosing technologies like the one described above.
24These objectives could be met by:
25        (1) Contacting an accredited agency, association, or
26    organization recognized in the field or fields of specific

 

 

HB1134- 28 -LRB103 05118 RLC 50132 b

1    study. Unbeknownst to the majority, many of the agencies
2    and organizations listed above receive grants and
3    allocations to assist communities with the very issues
4    being discussed in this Section.
5        (2) Normalizing help-seeking behaviors for both first
6    responders and their families through regular messaging
7    and peer support outreach, beginning with academy
8    curricula and continuing education throughout individuals'
9    careers.
10        (3) Funding and implementing PSA campaigns that
11    provide clear and concise calls to action about mental
12    health and wellness, resiliency, help-seeking, treatment,
13    and recovery.
14        (4) Promoting and raising awareness of not-for-profit
15    non-for-profit organizations currently available to assist
16    individuals in search of care and treatment. Organizations
17    have intuitive user-friendly sites, most of which have
18    mobile applications, so first responders can access at a
19    moment's notice. However, because of limited funds, these
20    organizations have a challenging time of getting the word
21    out there about their existence.
22        (5) Expanding Family and Medical Leave Act protections
23    for individuals voluntarily seeking preventative
24    treatment.
25        (6) Promoting and ensuring complete patient
26    confidentiality protections.

 

 

HB1134- 29 -LRB103 05118 RLC 50132 b

1    (d) Task Force members shall recommend that agencies and
2organizations incorporate the following training components
3into already existing modules and educational curriculums.
4Doing so could be done by:
5        (1) Bolstering academy and school curricula by
6    requiring depressive disorder training catered to PTSD,
7    substance abuse, and early detection techniques training,
8    taking into close consideration respective agency or
9    organization size, and the frequency and number of all
10    current federal and state mandatory examinations and
11    trainings expected respectively.
12        (2) Continuing to allocate or match federal and state
13    funds to maintain Mobile Mobil Training Units (MTUs).
14        (3) Incorporating a state certificate for peer support
15    training into already exiting statewide curriculums and
16    mandatory examinations, annual State Fire Marshal
17    examinations, and physical fitness examinations. The
18    subject matter of the certificate should have an emphasis
19    on mental health and wellness, as well as familiarization
20    with topics ranging from clinical social work, clinical
21    psychology, clinical behaviorist, and clinical psychiatry.
22        (4) Incorporating and performing statewide mental
23    health check-ins during the same times as already mandated
24    trainings. These checks are not to be compared or used as
25    measures of fitness for duty evaluations or structured
26    psychological examinations.

 

 

HB1134- 30 -LRB103 05118 RLC 50132 b

1        (5) Recommending comprehensive and evidence-based
2    training on the importance of preventative measures on the
3    topics of sleep, nutrition, mindfulness, and physical
4    movement.
5        (6) (Blank). Law enforcement agencies should provide
6    training on the Firearm Owner's Identification Card Act,
7    including seeking relief from the Illinois State Police
8    under Section 10 of the Firearm Owners Identification Card
9    Act and a FOID card being a continued condition of
10    employment under Section 7.2 of the Uniform Peace
11    Officers' Disciplinary Act.
12(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)
 
13    Section 7. The Department of Natural Resources
14(Conservation) Law of the Civil Administrative Code of
15Illinois is amended by changing Section 805-538 as follows:
 
16    (20 ILCS 805/805-538)
17    Sec. 805-538. Retiring officer; purchase of service
18firearm and police badge. The Director of Natural Resources
19shall establish a program to allow a Conservation Police
20Officer who is honorably retiring in good standing to purchase
21either one or both of the following: (1) any Department of
22Natural Resources police badge previously issued to that
23officer; or (2) if the officer has a currently valid Firearm
24Owner's Identification Card, the service firearm issued or

 

 

HB1134- 31 -LRB103 05118 RLC 50132 b

1previously issued to the officer by the Department of Natural
2Resources. The cost of the firearm shall be the replacement
3value of the firearm and not the firearm's fair market value.
4(Source: P.A. 100-931, eff. 8-17-18.)
 
5    Section 8. The Department of Revenue Law of the Civil
6Administrative Code of Illinois is amended by changing Section
72505-306 as follows:
 
8    (20 ILCS 2505/2505-306)
9    Sec. 2505-306. Retiring investigators; purchase of service
10firearm and badge. The Director shall establish a program to
11allow a Department investigator who is honorably retiring in
12good standing to purchase either one or both of the following:
13(1) any badge previously issued to the investigator by the
14Department; or (2) if the investigator has a currently valid
15Firearm Owner's Identification Card, the service firearm
16issued or previously issued to the investigator by the
17Department. The cost of the firearm shall be the replacement
18value of the firearm and not the firearm's fair market value.
19(Source: P.A. 102-719, eff. 5-6-22.)
 
20    Section 10. The Department of State Police Law of the
21Civil Administrative Code of Illinois is amended by changing
22Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as
23follows:
 

 

 

HB1134- 32 -LRB103 05118 RLC 50132 b

1    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-10. Powers and duties, generally.
3    (a) The Illinois State Police shall exercise the rights,
4powers, and duties that have been vested in the Illinois State
5Police by the following:
6    The Illinois State Police Act.
7    The Illinois State Police Radio Act.
8    The Criminal Identification Act.
9    The Illinois Vehicle Code.
10    The Firearm Owners Identification Card Act.
11    The Firearm Concealed Carry Act.
12    The Gun Dealer Licensing Act.
13    The Intergovernmental Missing Child Recovery Act of 1984.
14    The Intergovernmental Drug Laws Enforcement Act.
15    The Narcotic Control Division Abolition Act.
16    (b) The Illinois State Police shall have the powers and
17duties set forth in the following Sections.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
20    Sec. 2605-45. Division of Justice Services. The Division
21of Justice Services shall exercise the following functions:
22        (1) Operate and maintain the Law Enforcement Agencies
23    Data System (LEADS), a statewide, computerized
24    telecommunications system designed to provide services,

 

 

HB1134- 33 -LRB103 05118 RLC 50132 b

1    information, and capabilities to the law enforcement and
2    criminal justice community in the State of Illinois. The
3    Director is responsible for establishing policy,
4    procedures, and regulations consistent with State and
5    federal rules, policies, and law by which LEADS operates.
6    The Director shall designate a statewide LEADS
7    Administrator for management of the system. The Director
8    may appoint a LEADS Advisory Policy Board to reflect the
9    needs and desires of the law enforcement and criminal
10    justice community and to make recommendations concerning
11    policies and procedures.
12        (2) Pursue research and the publication of studies
13    pertaining to local law enforcement activities.
14        (3) Serve as the State's point of contact for the
15    Federal Bureau of Investigation's Uniform Crime Reporting
16    Program and National Incident-Based Reporting System.
17        (4) Operate an electronic data processing and computer
18    center for the storage and retrieval of data pertaining to
19    criminal activity.
20        (5) Exercise the rights, powers, and duties vested in
21    the Illinois State Police by the Cannabis Regulation and
22    Tax Act and the Compassionate Use of Medical Cannabis
23    Program Act.
24        (6) (Blank).
25        (6.5) (Blank). Exercise the rights, powers, and duties
26    vested in the Illinois State Police by the Firearm Owners

 

 

HB1134- 34 -LRB103 05118 RLC 50132 b

1    Identification Card Act, the Firearm Concealed Carry Act,
2    and the Firearm Dealer License Certification Act.
3        (7) Exercise other duties that may be assigned by the
4    Director to fulfill the responsibilities and achieve the
5    purposes of the Illinois State Police.
6        (8) Exercise the rights, powers, and duties vested by
7    law in the Illinois State Police by the Criminal
8    Identification Act.
9        (9) Exercise the powers and perform the duties that
10    have been vested in the Illinois State Police by the Sex
11    Offender Registration Act and the Sex Offender Community
12    Notification Law and adopt reasonable rules necessitated
13    thereby.
14(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
15    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
16    Sec. 2605-200. Investigations of crime; enforcement of
17laws; records; crime laboratories; personnel.
18    (a) To do the following:
19        (1) Investigate the origins, activities, personnel,
20    and incidents of crime and the ways and means to redress
21    the victims of crimes; study the impact, if any, of
22    legislation relative to the effusion of crime and growing
23    crime rates; and enforce the criminal laws of this State
24    related thereto.
25        (2) Enforce all laws regulating the production, sale,

 

 

HB1134- 35 -LRB103 05118 RLC 50132 b

1    prescribing, manufacturing, administering, transporting,
2    having in possession, dispensing, delivering,
3    distributing, or use of controlled substances and
4    cannabis.
5        (3) Employ skilled experts, scientists, technicians,
6    investigators, or otherwise specially qualified persons to
7    aid in preventing or detecting crime, apprehending
8    criminals, or preparing and presenting evidence of
9    violations of the criminal laws of the State.
10        (4) Cooperate with the police of cities, villages, and
11    incorporated towns and with the police officers of any
12    county in enforcing the laws of the State and in making
13    arrests and recovering property.
14        (5) Apprehend and deliver up any person charged in
15    this State or any other state of the United States with
16    treason or a felony or other crime who has fled from
17    justice and is found in this State.
18        (6) Conduct other investigations as provided by law.
19        (7) Be a central repository and custodian of criminal
20    statistics for the State.
21        (8) Be a central repository for criminal history
22    record information.
23        (9) Procure and file for record information that is
24    necessary and helpful to plan programs of crime
25    prevention, law enforcement, and criminal justice.
26        (10) Procure and file for record copies of

 

 

HB1134- 36 -LRB103 05118 RLC 50132 b

1    fingerprints that may be required by law.
2        (11) Establish general and field crime laboratories.
3        (12) Register and file for record information that may
4    be required by law for the issuance of firearm owner's
5    identification cards under the Firearm Owners
6    Identification Card Act and concealed carry licenses under
7    the Firearm Concealed Carry Act.
8        (13) Employ laboratory technicians and other specially
9    qualified persons to aid in the identification of criminal
10    activity and the identification, collection, and recovery
11    of cyber forensics, including but not limited to digital
12    evidence, and may employ polygraph operators.
13        (14) Undertake other identification, information,
14    laboratory, statistical, or registration activities that
15    may be required by law.
16    (b) Persons exercising the powers set forth in subsection
17(a) within the Illinois State Police are conservators of the
18peace and as such have all the powers possessed by policemen in
19cities and sheriffs, except that they may exercise those
20powers anywhere in the State in cooperation with and after
21contact with the local law enforcement officials. Those
22persons may use false or fictitious names in the performance
23of their duties under this Section, upon approval of the
24Director, and shall not be subject to prosecution under the
25criminal laws for that use.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB1134- 37 -LRB103 05118 RLC 50132 b

1    (20 ILCS 2605/2605-595)
2    Sec. 2605-595. State Police Firearm Services Fund.
3    (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund
5shall receive revenue under the Firearm Concealed Carry Act
6and , the Firearm Dealer License Certification Act, and
7Section 5 of the Firearm Owners Identification Card Act. The
8Fund may also receive revenue from grants, pass-through
9grants, donations, appropriations, and any other legal source.
10    (a-5) Notwithstanding any other provision of law to the
11contrary, and in addition to any other transfers that may be
12provided by law, on the effective date of this amendatory Act
13of the 102nd General Assembly, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the remaining balance from the
16Firearm Dealer License Certification Fund into the State
17Police Firearm Services Fund. Upon completion of the transfer,
18the Firearm Dealer License Certification Fund is dissolved,
19and any future deposits due to that Fund and any outstanding
20obligations or liabilities of that Fund shall pass to the
21State Police Firearm Services Fund.
22    (b) The Illinois State Police may use moneys in the Fund to
23finance any of its lawful purposes, mandates, functions, and
24duties under the Firearm Owners Identification Card Act, the
25Firearm Dealer License Certification Act, and the Firearm

 

 

HB1134- 38 -LRB103 05118 RLC 50132 b

1Concealed Carry Act, including the cost of sending notices of
2expiration of Firearm Owner's Identification Cards, concealed
3carry licenses, the prompt and efficient processing of
4applications under the Firearm Owners Identification Card Act
5and the Firearm Concealed Carry Act, the improved efficiency
6and reporting of the LEADS and federal NICS law enforcement
7data systems, and support for investigations required under
8these Acts and law. Any surplus funds beyond what is needed to
9comply with the aforementioned purposes shall be used by the
10Illinois State Police to improve the Law Enforcement Agencies
11Data System (LEADS) and criminal history background check
12system.
13    (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
 
17    (20 ILCS 2605/2605-605)
18    Sec. 2605-605. Violent Crime Intelligence Task Force. The
19Director of the Illinois State Police shall establish a
20statewide multi-jurisdictional Violent Crime Intelligence Task
21Force led by the Illinois State Police dedicated to combating
22gun violence, gun-trafficking, and other violent crime with
23the primary mission of preservation of life and reducing the
24occurrence and the fear of crime. The objectives of the Task
25Force shall include, but not be limited to, reducing and

 

 

HB1134- 39 -LRB103 05118 RLC 50132 b

1preventing illegal possession and use of firearms,
2firearm-related homicides, and other violent crimes, and
3solving firearm-related crimes.
4    (1) The Task Force may develop and acquire information,
5training, tools, and resources necessary to implement a
6data-driven approach to policing, with an emphasis on
7intelligence development.
8    (2) The Task Force may utilize information sharing,
9partnerships, crime analysis, and evidence-based practices to
10assist in the reduction of firearm-related shootings,
11homicides, and gun-trafficking, including, but not limited to,
12ballistic data, eTrace data, DNA evidence, latent
13fingerprints, firearm training data, and National Integrated
14Ballistic Information Network (NIBIN) data. The Task Force may
15design a model crime gun intelligence strategy which may
16include, but is not limited to, comprehensive collection and
17documentation of all ballistic evidence, timely transfer of
18NIBIN and eTrace leads to an intelligence center, which may
19include the Division of Criminal Investigation of the Illinois
20State Police, timely dissemination of intelligence to
21investigators, investigative follow-up, and coordinated
22prosecution.
23    (3) The Task Force may recognize and utilize best
24practices of community policing and may develop potential
25partnerships with faith-based and community organizations to
26achieve its goals.

 

 

HB1134- 40 -LRB103 05118 RLC 50132 b

1    (4) The Task Force may identify and utilize best practices
2in drug-diversion programs and other community-based services
3to redirect low-level offenders.
4    (5) The Task Force may assist in violence suppression
5strategies including, but not limited to, details in
6identified locations that have shown to be the most prone to
7gun violence and violent crime, focused deterrence against
8violent gangs and groups considered responsible for the
9violence in communities, and other intelligence driven methods
10deemed necessary to interrupt cycles of violence or prevent
11retaliation.
12    (6) In consultation with the Chief Procurement Officer,
13the Illinois State Police may obtain contracts for software,
14commodities, resources, and equipment to assist the Task Force
15with achieving this Act. Any contracts necessary to support
16the delivery of necessary software, commodities, resources,
17and equipment are not subject to the Illinois Procurement
18Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
19Article 50 of that Code, provided that the Chief Procurement
20Officer may, in writing with justification, waive any
21certification required under Article 50 of the Illinois
22Procurement Code.
23    (7) (Blank). The Task Force shall conduct enforcement
24operations against persons whose Firearm Owner's
25Identification Cards have been revoked or suspended and
26persons who fail to comply with the requirements of Section

 

 

HB1134- 41 -LRB103 05118 RLC 50132 b

19.5 of the Firearm Owners Identification Card Act,
2prioritizing individuals presenting a clear and present danger
3to themselves or to others under paragraph (2) of subsection
4(d) of Section 8.1 of the Firearm Owners Identification Card
5Act.
6    (8) The Task Force shall collaborate with local law
7enforcement agencies to enforce provisions of the Firearm
8Owners Identification Card Act, the Firearm Concealed Carry
9Act, the Firearm Dealer License Certification Act, and Article
1024 of the Criminal Code of 2012.
11    (9) To implement this Section, the Director of the
12Illinois State Police may establish intergovernmental
13agreements with law enforcement agencies in accordance with
14the Intergovernmental Cooperation Act.
15    (10) Law enforcement agencies that participate in
16activities described in paragraphs (7) through (9) may apply
17to the Illinois State Police for grants from the State Police
18Revocation Enforcement Fund.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    (20 ILCS 2605/2605-304 rep.)
22    (20 ILCS 2605/2605-610 rep.)
23    Section 11. The Illinois State Police Law of the Civil
24Administrative Code of Illinois is amended by repealing
25Sections 2605-304 and 2605-610.
 

 

 

HB1134- 42 -LRB103 05118 RLC 50132 b

1    Section 16. The State Police Act is amended by changing
2Section 17b as follows:
 
3    (20 ILCS 2610/17b)
4    Sec. 17b. Retiring officer; purchase of service firearm
5and police badge. The Director of the Illinois State Police
6shall establish a policy to allow a State Police officer who is
7honorably retiring or separating in good standing to purchase
8either one or both of the following: (i) any State Police badge
9previously issued to that officer; or (ii) if the officer has a
10currently valid Firearm Owner's Identification Card, the
11service firearm issued or previously issued to the officer by
12the Illinois State Police. The cost of the firearm purchased
13shall be the replacement value of the firearm and not the
14firearm's fair market value.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
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 Illinois State Police. Upon
20judgment of conviction of a violation of Section 12-1, 12-2,
2112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
22the Criminal Code of 2012 when the defendant has been

 

 

HB1134- 43 -LRB103 05118 RLC 50132 b

1determined, pursuant to Section 112A-11.1 of the Code of
2Criminal Procedure of 1963, to be subject to the prohibitions
3of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
4notification and a copy of the written determination in a
5report of the conviction to the Illinois State Police Firearm
6Owner's Identification Card Office to enable the Illinois
7State Police office to perform its duties under the Firearm
8Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
9Identification Card Act and to report that determination to
10the Federal Bureau of Investigation to assist the Federal
11Bureau of Investigation in identifying persons prohibited from
12purchasing and possessing a firearm pursuant to the provisions
13of 18 U.S.C. 922. The written determination described in this
14Section shall be included in the defendant's record of arrest
15and conviction in the manner and form prescribed by the
16Illinois State Police.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 20.5. The Peace Officer Fire Investigation Act is
19amended by changing Section 1 as follows:
 
20    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
21    (Text of Section before amendment by P.A. 102-982)
22    Sec. 1. Peace officer status.
23    (a) Any person who is a sworn member of any organized and
24paid fire department of a political subdivision of this State

 

 

HB1134- 44 -LRB103 05118 RLC 50132 b

1and is authorized to investigate fires or explosions for such
2political subdivision and to determine the cause, origin and
3circumstances of fires or explosions that are suspected to be
4arson or arson-related crimes, may be classified as a peace
5officer by the political subdivision or agency employing such
6person. A person so classified shall possess the same powers
7of arrest, search and seizure and the securing and service of
8warrants as sheriffs of counties, and police officers within
9the jurisdiction of their political subdivision. While in the
10actual investigation and matters incident thereto, such person
11may carry weapons as may be necessary, but only if that person
12has satisfactorily completed (1) a training program offered or
13approved by the Illinois Law Enforcement Training Standards
14Board which substantially conforms to standards promulgated
15pursuant to the Illinois Police Training Act and the Peace
16Officer and Probation Officer Firearm Training Act; and (2) a
17course in fire and arson investigation approved by the Office
18of the State Fire Marshal pursuant to the Illinois Fire
19Protection Training Act. Such training need not include
20exposure to vehicle and traffic law, traffic control and
21accident investigation, or first aid, but shall include
22training in the law relating to the rights of persons
23suspected of involvement in criminal activities.
24    Any person granted the powers enumerated in this
25subsection (a) may exercise such powers only during the actual
26investigation of the cause, origin and circumstances of such

 

 

HB1134- 45 -LRB103 05118 RLC 50132 b

1fires or explosions that are suspected to be arson or
2arson-related crimes.
3    (b) Persons employed by the Office of the State Fire
4Marshal to conduct arson investigations shall be designated
5State Fire Marshal Arson Investigator Special Agents and shall
6be peace officers with all of the powers of peace officers in
7cities and sheriffs in counties, except that they may exercise
8those powers throughout the State. These Special Agents may
9exercise these powers only when engaging in official duties
10during the actual investigation of the cause, origin, and
11circumstances of such fires or explosions that are suspected
12to be arson or arson-related crimes and may carry weapons at
13all times, but only if they have satisfactorily completed (1)
14a training course approved by the Illinois Law Enforcement
15Training Standards Board that substantially conforms to the
16standards promulgated pursuant to the Peace Officer and
17Probation Officer Firearm Training Act and (2) a course in
18fire and arson investigation approved by the Office of the
19State Fire Marshal pursuant to the Illinois Fire Protection
20Training Act. Such training need not include exposure to
21vehicle and traffic law, traffic control and accident
22investigation, or first aid, but shall include training in the
23law relating to the rights of persons suspected of involvement
24in criminal activities.
25    For purposes of this subsection (b), a "State Fire Marshal
26Arson Investigator Special Agent" does not include any fire

 

 

HB1134- 46 -LRB103 05118 RLC 50132 b

1investigator, fireman, police officer, or other employee of
2the federal government; any fire investigator, fireman, police
3officer, or other employee of any unit of local government; or
4any fire investigator, fireman, police officer, or other
5employee of the State of Illinois other than an employee of the
6Office of the State Fire Marshal assigned to investigate
7arson.
8    The State Fire Marshal must authorize to each employee of
9the Office of the State Fire Marshal who is exercising the
10powers of a peace officer a distinct badge that, on its face,
11(i) clearly states that the badge is authorized by the Office
12of the State Fire Marshal and (ii) contains a unique
13identifying number. No other badge shall be authorized by the
14Office of the State Fire Marshal, except that a badge,
15different from the badge issued to peace officers, may be
16authorized by the Office of the State Fire Marshal for the use
17of fire prevention inspectors employed by that Office. Nothing
18in this subsection prohibits the State Fire Marshal from
19issuing shields or other distinctive identification to
20employees not exercising the powers of a peace officer if the
21State Fire Marshal determines that a shield or distinctive
22identification is needed by the employee to carry out his or
23her responsibilities.
24    (c) The Office of the State Fire Marshal shall establish a
25policy to allow a State Fire Marshal Arson Investigator
26Special Agent who is honorably retiring or separating in good

 

 

HB1134- 47 -LRB103 05118 RLC 50132 b

1standing to purchase either one or both of the following: (i)
2any badge previously issued to that State Fire Marshal Arson
3Investigator Special Agent; or (ii) if the State Fire Marshal
4Arson Investigator Special Agent has a currently valid Firearm
5Owner's Identification Card, the service firearm issued or
6previously issued to the State Fire Marshal Arson Investigator
7Special Agent by the Office of the State Fire Marshal. The cost
8of the firearm purchased shall be the replacement value of the
9firearm and not the firearm's fair market value. All funds
10received by the agency under this program shall be deposited
11into the Fire Prevention Fund.
12(Source: P.A. 100-931, eff. 8-17-18.)
 
13    (Text of Section after amendment by P.A. 102-982)
14    Sec. 1. Peace officer status.
15    (a) Any person who is a sworn member of any organized and
16paid fire department of a political subdivision of this State
17and is authorized to investigate fires or explosions for such
18political subdivision and to determine the cause, origin and
19circumstances of fires or explosions that are suspected to be
20arson or arson-related crimes, may be classified as a peace
21officer by the political subdivision or agency employing such
22person. A person so classified shall possess the same powers
23of arrest, search and seizure and the securing and service of
24warrants as sheriffs of counties, and police officers within
25the jurisdiction of their political subdivision. While in the

 

 

HB1134- 48 -LRB103 05118 RLC 50132 b

1actual investigation and matters incident thereto, such person
2may carry weapons as may be necessary, but only if that person
3has satisfactorily completed (1) a training program offered or
4approved by the Illinois Law Enforcement Training Standards
5Board which substantially conforms to standards promulgated
6pursuant to the Illinois Police Training Act and the Peace
7Officer and Probation Officer Firearm Training Act; and (2) a
8course in fire and arson investigation approved by the Office
9of the State Fire Marshal pursuant to the Illinois Fire
10Protection Training Act. Such training need not include
11exposure to vehicle and traffic law, traffic control and crash
12investigation, or first aid, but shall include training in the
13law relating to the rights of persons suspected of involvement
14in criminal activities.
15    Any person granted the powers enumerated in this
16subsection (a) may exercise such powers only during the actual
17investigation of the cause, origin and circumstances of such
18fires or explosions that are suspected to be arson or
19arson-related crimes.
20    (b) Persons employed by the Office of the State Fire
21Marshal to conduct arson investigations shall be designated
22State Fire Marshal Arson Investigator Special Agents and shall
23be peace officers with all of the powers of peace officers in
24cities and sheriffs in counties, except that they may exercise
25those powers throughout the State. These Special Agents may
26exercise these powers only when engaging in official duties

 

 

HB1134- 49 -LRB103 05118 RLC 50132 b

1during the actual investigation of the cause, origin, and
2circumstances of such fires or explosions that are suspected
3to be arson or arson-related crimes and may carry weapons at
4all times, but only if they have satisfactorily completed (1)
5a training course approved by the Illinois Law Enforcement
6Training Standards Board that substantially conforms to the
7standards promulgated pursuant to the Peace Officer and
8Probation Officer Firearm Training Act and (2) a course in
9fire and arson investigation approved by the Office of the
10State Fire Marshal pursuant to the Illinois Fire Protection
11Training Act. Such training need not include exposure to
12vehicle and traffic law, traffic control and crash
13investigation, or first aid, but shall include training in the
14law relating to the rights of persons suspected of involvement
15in criminal activities.
16    For purposes of this subsection (b), a "State Fire Marshal
17Arson Investigator Special Agent" does not include any fire
18investigator, fireman, police officer, or other employee of
19the federal government; any fire investigator, fireman, police
20officer, or other employee of any unit of local government; or
21any fire investigator, fireman, police officer, or other
22employee of the State of Illinois other than an employee of the
23Office of the State Fire Marshal assigned to investigate
24arson.
25    The State Fire Marshal must authorize to each employee of
26the Office of the State Fire Marshal who is exercising the

 

 

HB1134- 50 -LRB103 05118 RLC 50132 b

1powers of a peace officer a distinct badge that, on its face,
2(i) clearly states that the badge is authorized by the Office
3of the State Fire Marshal and (ii) contains a unique
4identifying number. No other badge shall be authorized by the
5Office of the State Fire Marshal, except that a badge,
6different from the badge issued to peace officers, may be
7authorized by the Office of the State Fire Marshal for the use
8of fire prevention inspectors employed by that Office. Nothing
9in this subsection prohibits the State Fire Marshal from
10issuing shields or other distinctive identification to
11employees not exercising the powers of a peace officer if the
12State Fire Marshal determines that a shield or distinctive
13identification is needed by the employee to carry out his or
14her responsibilities.
15    (c) The Office of the State Fire Marshal shall establish a
16policy to allow a State Fire Marshal Arson Investigator
17Special Agent who is honorably retiring or separating in good
18standing to purchase either one or both of the following: (i)
19any badge previously issued to that State Fire Marshal Arson
20Investigator Special Agent; or (ii) if the State Fire Marshal
21Arson Investigator Special Agent has a currently valid Firearm
22Owner's Identification Card, the service firearm issued or
23previously issued to the State Fire Marshal Arson Investigator
24Special Agent by the Office of the State Fire Marshal. The cost
25of the firearm purchased shall be the replacement value of the
26firearm and not the firearm's fair market value. All funds

 

 

HB1134- 51 -LRB103 05118 RLC 50132 b

1received by the agency under this program shall be deposited
2into the Fire Prevention Fund.
3(Source: P.A. 102-982, eff. 7-1-23.)
 
4    Section 21. The Illinois Criminal Justice Information Act
5is amended by changing Section 7.9 as follows:
 
6    (20 ILCS 3930/7.9)
7    (Section scheduled to be repealed on July 1, 2027)
8    Sec. 7.9. Firearm Prohibitors and Records Improvement Task
9Force.
10    (a) As used in this Section, "firearms prohibitor" means
11any factor listed in Section 4 of the Firearm Owners
12Identification Card Act or Section 24-3 or 24-3.1 of the
13Criminal Code of 2012 that prohibits a person from
14transferring or possessing a firearm, firearm ammunition,
15Firearm Owner's Identification Card, or concealed carry
16license.
17    (b) The Firearm Prohibitors and Records Improvement Task
18Force is created to identify and research all available
19grants, resources, and revenue that may be applied for and
20used by all entities responsible for reporting federal and
21State firearm prohibitors to the Illinois State Police and the
22National Instant Criminal Background Check System. Under
23Section 24-3 or 24-3.1 of the Criminal Code of 2012 the Firearm
24Owners Identification Card Act, these reporting entities

 

 

HB1134- 52 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 53 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 54 -LRB103 05118 RLC 50132 b

1review of previous activity by the Task Force to close
2previously identified gaps; identifying known (or new) gaps; a
3proposal of policy and practice recommendations to close those
4gaps; and a preview of expected activities of the Task Force
5for the coming year.
6    (e) Within 60 days of the effective date of this
7amendatory Act of the 102nd General Assembly, the Chair shall
8establish the Task Force.
9    (f) This Section is repealed on July 1, 2027.
10(Source: P.A. 102-237, eff. 1-1-22.)
 
11    Section 25. The State Finance Act is amended by changing
12Sections 6z-99 and 6z-127 as follows:
 
13    (30 ILCS 105/6z-99)
14    Sec. 6z-99. The Mental Health Reporting Fund.
15    (a) There is created in the State treasury a special fund
16known as the Mental Health Reporting Fund. The Fund shall
17receive revenue under the Firearm Concealed Carry Act. The
18Fund may also receive revenue from grants, pass-through
19grants, donations, appropriations, and any other legal source.
20    (b) The Illinois State Police and Department of Human
21Services shall coordinate to use moneys in the Fund to finance
22their respective duties of collecting and reporting data on
23mental health records and ensuring that mental health firearm
24possession prohibitors are enforced as set forth under the

 

 

HB1134- 55 -LRB103 05118 RLC 50132 b

1Firearm Concealed Carry Act and the Firearm Owners
2Identification Card Act. Any surplus in the Fund beyond what
3is necessary to ensure compliance with mental health reporting
4under these Acts shall be used by the Department of Human
5Services for mental health treatment programs as follows: (1)
650% shall be used to fund community-based mental health
7programs aimed at reducing gun violence, community integration
8and education, or mental health awareness and prevention,
9including administrative costs; and (2) 50% shall be used to
10award grants that use and promote the National School Mental
11Health Curriculum model for school-based mental health
12support, integration, and services.
13    (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    (30 ILCS 105/6z-127)
19    Sec. 6z-127. State Police Revocation Enforcement Fund.
20    (a) The State Police Revocation Enforcement Fund is
21established as a special fund in the State treasury. This Fund
22is established to receive moneys from appropriations by the
23General Assembly from the Firearm Owners Identification Card
24Act to enforce that Act, the Firearm Concealed Carry Act,
25Article 24 of the Criminal Code of 2012, and other firearm

 

 

HB1134- 56 -LRB103 05118 RLC 50132 b

1offenses. The Fund may also receive revenue from grants,
2donations, appropriations, and any other legal source.
3    (b) The Illinois State Police may use moneys from the Fund
4to establish task forces and, if necessary, include other law
5enforcement agencies, under intergovernmental contracts
6written and executed in conformity with the Intergovernmental
7Cooperation Act.
8    (c) The Illinois State Police may use moneys in the Fund to
9hire and train State Police officers and for the prevention of
10violent crime.
11    (d) The State Police Revocation Enforcement Fund is not
12subject to administrative chargebacks.
13    (e) (Blank). Law enforcement agencies that participate in
14Firearm Owner's Identification Card revocation enforcement in
15the Violent Crime Intelligence Task Force may apply for grants
16from the Illinois State Police.
17(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
18    Section 26. The Intergovernmental Drug Laws Enforcement
19Act is amended by changing Section 3 as follows:
 
20    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
21    Sec. 3. A Metropolitan Enforcement Group which meets the
22minimum criteria established in this Section is eligible to
23receive State grants to help defray the costs of operation. To
24be eligible a MEG must:

 

 

HB1134- 57 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 58 -LRB103 05118 RLC 50132 b

1    Illinois State Police to fulfill its duties under this
2    Act, and supply the Illinois State Police with all
3    information the Illinois State Police deems necessary
4    therefor.
5        (6) Receive funding of at least 50% of the total
6    operating budget of the MEG from the participating units
7    of local government.
8(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22.)
 
10    Section 30. The Peace Officer Firearm Training Act is
11amended by changing Section 1 as follows:
 
12    (50 ILCS 710/1)  (from Ch. 85, par. 515)
13    Sec. 1. Definitions. As used in this Act:
14    (a) "Peace officer" means (i) any person who by virtue of
15his office or public employment is vested by law with a primary
16duty to maintain public order or to make arrests for offenses,
17whether that duty extends to all offenses or is limited to
18specific offenses, and who is employed in such capacity by any
19county or municipality or (ii) any retired law enforcement
20officers qualified under federal law to carry a concealed
21weapon.
22    (a-5) "Probation officer" means a county probation officer
23authorized by the Chief Judge of the Circuit Court to carry a
24firearm as part of his or her duties under Section 12 of the

 

 

HB1134- 59 -LRB103 05118 RLC 50132 b

1Probation and Probation Officers Act and Section 24-2 of the
2Criminal Code of 2012.
3    (b) "Firearms" means any weapon or device defined as a
4firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
5"An Act relating to the acquisition, possession and transfer
6of firearms and firearm ammunition, to provide a penalty for
7the violation thereof and to make an appropriation in
8connection therewith", approved August 3, 1967, as amended.
9(Source: P.A. 98-725, eff. 1-1-15.)
 
10    (50 ILCS 725/7.2 rep.)
11    Section 31. The Uniform Peace Officers' Disciplinary Act
12is amended by repealing Section 7.2.
 
13    Section 32. The Counties Code is amended by changing
14Section 3-6042 as follows:
 
15    (55 ILCS 5/3-6042)
16    Sec. 3-6042. Retiring employee; purchase of service
17firearm and badge. Each Sheriff shall establish a program to
18allow an employee of the Sheriff's Department who is honorably
19retiring in good standing to purchase either one or both of the
20following: (1) any badge previously issued to the employee by
21the Sheriff's Department; or (2) if the employee has a
22currently valid Firearm Owner's Identification Card, the
23service firearm issued or previously issued to the employee by

 

 

HB1134- 60 -LRB103 05118 RLC 50132 b

1the Sheriff's Department. The badge must be permanently and
2conspicuously marked in such a manner that the individual who
3possesses the badge is not mistaken for an actively serving
4law enforcement officer. The cost of the firearm shall be the
5replacement value of the firearm and not the firearm's fair
6market value.
7(Source: P.A. 102-719, eff. 5-6-22.)
 
8    Section 35. The School Code is amended by changing
9Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
10    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
11    (Text of Section before amendment by P.A. 102-466)
12    Sec. 10-22.6. Suspension or expulsion of pupils; school
13searches.
14    (a) To expel pupils guilty of gross disobedience or
15misconduct, including gross disobedience or misconduct
16perpetuated by electronic means, pursuant to subsection (b-20)
17of this Section, and no action shall lie against them for such
18expulsion. Expulsion shall take place only after the parents
19have been requested to appear at a meeting of the board, or
20with a hearing officer appointed by it, to discuss their
21child's behavior. Such request shall be made by registered or
22certified mail and shall state the time, place and purpose of
23the meeting. The board, or a hearing officer appointed by it,
24at such meeting shall state the reasons for dismissal and the

 

 

HB1134- 61 -LRB103 05118 RLC 50132 b

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

 

 

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110 school days. If a pupil is suspended due to gross
2disobedience or misconduct on a school bus, the board may
3suspend the pupil in excess of 10 school days for safety
4reasons.
5    Any suspension shall be reported immediately to the
6parents or guardian of a pupil along with a full statement of
7the reasons for such suspension and a notice of their right to
8a review. The school board must be given a summary of the
9notice, including the reason for the suspension and the
10suspension length. Upon request of the parents or guardian,
11the school board or a hearing officer appointed by it shall
12review such action of the superintendent or principal,
13assistant principal, or dean of students. At such review, the
14parents or guardian of the pupil may appear and discuss the
15suspension with the board or its hearing officer. If a hearing
16officer is appointed by the board, he shall report to the board
17a written summary of the evidence heard at the meeting. After
18its hearing or upon receipt of the written report of its
19hearing officer, the board may take such action as it finds
20appropriate. If a student is suspended pursuant to this
21subsection (b), the board shall, in the written suspension
22decision, detail the specific act of gross disobedience or
23misconduct resulting in the decision to suspend. The
24suspension decision shall also include a rationale as to the
25specific duration of the suspension. A pupil who is suspended
26in excess of 20 school days may be immediately transferred to

 

 

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

 

 

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

 

 

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

 

 

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1local mental health agency to consult with the board at the
2meeting whenever there is evidence that mental illness may be
3the cause of a student's expulsion or suspension.
4    (c-5) School districts shall make reasonable efforts to
5provide ongoing professional development to teachers,
6administrators, school board members, school resource
7officers, and staff on the adverse consequences of school
8exclusion and justice-system involvement, effective classroom
9management strategies, culturally responsive discipline, the
10appropriate and available supportive services for the
11promotion of student attendance and engagement, and
12developmentally appropriate disciplinary methods that promote
13positive and healthy school climates.
14    (d) The board may expel a student for a definite period of
15time not to exceed 2 calendar years, as determined on a
16case-by-case basis. A student who is determined to have
17brought one of the following objects to school, any
18school-sponsored activity or event, or any activity or event
19that bears a reasonable relationship to school shall be
20expelled for a period of not less than one year:
21        (1) A firearm. For the purposes of this Section,
22    "firearm" means any gun, rifle, shotgun, weapon as defined
23    by Section 921 of Title 18 of the United States Code,
24    firearm as defined in Section 2-7.5 1.1 of the Firearm
25    Owners Identification Card Act, or firearm as defined in
26    Section 24-1 of the Criminal Code of 2012. The expulsion

 

 

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

 

 

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

 

 

HB1134- 69 -LRB103 05118 RLC 50132 b

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

 

 

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1under Article 34 of this Code.
2    (k) The expulsion of children enrolled in programs funded
3under Section 1C-2 of this Code is subject to the requirements
4under paragraph (7) of subsection (a) of Section 2-3.71 of
5this Code.
6    (l) Beginning with the 2018-2019 school year, an in-school
7suspension program provided by a school district for any
8students in kindergarten through grade 12 may focus on
9promoting non-violent conflict resolution and positive
10interaction with other students and school personnel. A school
11district may employ a school social worker or a licensed
12mental health professional to oversee an in-school suspension
13program in kindergarten through grade 12.
14(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
15102-813, eff. 5-13-22.)
 
16    (Text of Section after amendment by P.A. 102-466)
17    Sec. 10-22.6. Suspension or expulsion of pupils; school
18searches.
19    (a) To expel pupils guilty of gross disobedience or
20misconduct, including gross disobedience or misconduct
21perpetuated by electronic means, pursuant to subsection (b-20)
22of this Section, and no action shall lie against them for such
23expulsion. Expulsion shall take place only after the parents
24or guardians have been requested to appear at a meeting of the
25board, or with a hearing officer appointed by it, to discuss

 

 

HB1134- 71 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 72 -LRB103 05118 RLC 50132 b

1against them for such suspension. The board may by policy
2authorize the superintendent of the district or the principal,
3assistant principal, or dean of students of any school to
4suspend pupils guilty of such acts for a period not to exceed
510 school days. If a pupil is suspended due to gross
6disobedience or misconduct on a school bus, the board may
7suspend the pupil in excess of 10 school days for safety
8reasons.
9    Any suspension shall be reported immediately to the
10parents or guardians of a pupil along with a full statement of
11the reasons for such suspension and a notice of their right to
12a review. The school board must be given a summary of the
13notice, including the reason for the suspension and the
14suspension length. Upon request of the parents or guardians,
15the school board or a hearing officer appointed by it shall
16review such action of the superintendent or principal,
17assistant principal, or dean of students. At such review, the
18parents or guardians of the pupil may appear and discuss the
19suspension with the board or its hearing officer. If a hearing
20officer is appointed by the board, he shall report to the board
21a written summary of the evidence heard at the meeting. After
22its hearing or upon receipt of the written report of its
23hearing officer, the board may take such action as it finds
24appropriate. If a student is suspended pursuant to this
25subsection (b), the board shall, in the written suspension
26decision, detail the specific act of gross disobedience or

 

 

HB1134- 73 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 74 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 75 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 76 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 77 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 78 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 79 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 80 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 81 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 82 -LRB103 05118 RLC 50132 b

1students in kindergarten through grade 12 may focus on
2promoting non-violent conflict resolution and positive
3interaction with other students and school personnel. A school
4district may employ a school social worker or a licensed
5mental health professional to oversee an in-school suspension
6program in kindergarten through grade 12.
7(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
8102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
9    (105 ILCS 5/10-27.1A)
10    Sec. 10-27.1A. Firearms in schools.
11    (a) All school officials, including teachers, school
12counselors, and support staff, shall immediately notify the
13office of the principal in the event that they observe any
14person in possession of a firearm on school grounds; provided
15that taking such immediate action to notify the office of the
16principal would not immediately endanger the health, safety,
17or welfare of students who are under the direct supervision of
18the school official or the school official. If the health,
19safety, or welfare of students under the direct supervision of
20the school official or of the school official is immediately
21endangered, the school official shall notify the office of the
22principal as soon as the students under his or her supervision
23and he or she are no longer under immediate danger. A report is
24not required by this Section when the school official knows
25that the person in possession of the firearm is a law

 

 

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

 

 

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

 

 

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1    (d) As used in this Section, the term "firearm" shall have
2the meaning ascribed to it in Section 2-7.5 of the Criminal
3Code of 2012 1.1 of the Firearm Owners Identification Card
4Act.
5    As used in this Section, the term "school" means any
6public or private elementary or secondary school.
7    As used in this Section, the term "school grounds"
8includes the real property comprising any school, any
9conveyance owned, leased, or contracted by a school to
10transport students to or from school or a school-related
11activity, or any public way within 1,000 feet of the real
12property comprising any school.
13(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
 
15    (105 ILCS 5/34-8.05)
16    Sec. 34-8.05. Reporting firearms in schools. On or after
17January 1, 1997, upon receipt of any written, electronic, or
18verbal report from any school personnel regarding a verified
19incident involving a firearm in a school or on school owned or
20leased property, including any conveyance owned, leased, or
21used by the school for the transport of students or school
22personnel, the general superintendent or his or her designee
23shall report all such firearm-related incidents occurring in a
24school or on school property to the local law enforcement
25authorities no later than 24 hours after the occurrence of the

 

 

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1incident and to the Illinois State Police in a form, manner,
2and frequency as prescribed by the Illinois State Police.
3    The State Board of Education shall receive an annual
4statistical compilation and related data associated with
5incidents involving firearms in schools from the Illinois
6State Police. As used in this Section, the term "firearm"
7shall have the meaning ascribed to it in Section 2-7.5 of the
8Criminal Code of 2012 1.1 of the Firearm Owners Identification
9Card Act.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 40. The Illinois Explosives Act is amended by
12changing Section 2005 as follows:
 
13    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
14    Sec. 2005. Qualifications for licensure.
15    (a) No person shall qualify to hold a license who:
16        (1) is under 21 years of age;
17        (2) has been convicted in any court of a crime
18    punishable by imprisonment for a term exceeding one year;
19        (3) is under indictment for a crime punishable by
20    imprisonment for a term exceeding one year;
21        (4) is a fugitive from justice;
22        (5) is an unlawful user of or addicted to any
23    controlled substance as defined in Section 102 of the
24    federal Controlled Substances Act (21 U.S.C. Sec. 802 et

 

 

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1    seq.);
2        (6) has been adjudicated a person with a mental
3    disability as defined in Section 6-103.1 of the Mental
4    Health and Developmental Disabilities Code 1.1 of the
5    Firearm Owners Identification Card Act; or
6        (7) is not a legal citizen of the United States or
7    lawfully admitted for permanent residence.
8    (b) A person who has been granted a "relief from
9disabilities" regarding criminal convictions and indictments,
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
11845) may receive a license provided all other qualifications
12under this Act are met.
13(Source: P.A. 101-541, eff. 8-23-19.)
 
14    Section 45. The Private Detective, Private Alarm, Private
15Security, and Locksmith Act of 2004 is amended by changing
16Sections 35-30 and 35-35 as follows:
 
17    (225 ILCS 447/35-30)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 35-30. Employee requirements. All employees of a
20licensed agency, other than those exempted, shall apply for a
21permanent employee registration card. The holder of an agency
22license issued under this Act, known in this Section as
23"employer", may employ in the conduct of his or her business
24employees under the following provisions:

 

 

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1    (a) No person shall be issued a permanent employee
2registration card who:
3        (1) Is younger than 18 years of age.
4        (2) Is younger than 21 years of age if the services
5    will include being armed.
6        (3) Has been determined by the Department to be unfit
7    by reason of conviction of an offense in this or another
8    state, including registration as a sex offender, but not
9    including a traffic offense. Persons convicted of felonies
10    involving bodily harm, weapons, violence, or theft within
11    the previous 10 years shall be presumed to be unfit for
12    registration. The Department shall adopt rules for making
13    those determinations that shall afford the applicant due
14    process of law.
15        (4) Has had a license or permanent employee
16    registration card denied, suspended, or revoked under this
17    Act (i) within one year before the date the person's
18    application for permanent employee registration card is
19    received by the Department; and (ii) that refusal, denial,
20    suspension, or revocation was based on any provision of
21    this Act other than Section 40-50, item (6) or (8) of
22    subsection (a) of Section 15-10, subsection (b) of Section
23    15-10, item (6) or (8) of subsection (a) of Section 20-10,
24    subsection (b) of Section 20-10, item (6) or (8) of
25    subsection (a) of Section 25-10, subsection (b) of Section
26    25-10, item (7) of subsection (a) of Section 30-10,

 

 

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

 

 

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

 

 

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

 

 

HB1134- 92 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 93 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 94 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 95 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 96 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 97 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 98 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 99 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 100 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 101 -LRB103 05118 RLC 50132 b

1permanent employee registration card pursuant to Section 35-30
2of this Act and must possess a valid Firearm Owner's
3Identification Card, but is not required to obtain a firearm
4control card if the individual is otherwise in continuing
5compliance with the federal Law Enforcement Officers Safety
6Act of 2004. If an individual elects to carry a firearm
7pursuant to the federal Law Enforcement Officers Safety Act of
82004, then the agency employing the officer is required to
9submit a notice of that election to the Department along with a
10fee specified by rule.
11    (h) The Department may issue a temporary firearm control
12card pending issuance of a new firearm control card upon an
13agency's acquiring of an established armed account. An agency
14that has acquired armed employees as a result of acquiring an
15established armed account may, on forms supplied by the
16Department, request the issuance of a temporary firearm
17control card for each acquired employee who held a valid
18firearm control card under his or her employment with the
19newly acquired established armed account immediately preceding
20the acquiring of the account and who continues to meet all of
21the qualifications for issuance of a firearm control card set
22forth in this Act and any rules adopted under this Act. The
23Department shall, by rule, set the fee for issuance of a
24temporary firearm control card.
25    (i) The Department shall not issue a firearm control card
26to a licensed fingerprint vendor or a licensed locksmith or

 

 

HB1134- 102 -LRB103 05118 RLC 50132 b

1employees of a licensed fingerprint vendor agency or a
2licensed locksmith agency.
3(Source: P.A. 100-712, eff. 8-3-18.)
 
4    Section 46. The Illinois Gambling Act is amended by
5changing Section 5.4 as follows:
 
6    (230 ILCS 10/5.4)
7    Sec. 5.4. Retiring investigators; purchase of service
8firearm and badge. The Board shall establish a program to
9allow an investigator appointed under paragraph (20.6) of
10subsection (c) of Section 4 who is honorably retiring in good
11standing to purchase either one or both of the following: (1)
12any badge previously issued to the investigator by the Board;
13or (2) if the investigator has a currently valid Firearm
14Owner's Identification Card, the service firearm issued or
15previously issued to the investigator by the Board. The badge
16must be permanently and conspicuously marked in such a manner
17that the individual who possesses the badge is not mistaken
18for an actively serving law enforcement officer. The cost of
19the firearm shall be the replacement value of the firearm and
20not the firearm's fair market value.
21(Source: P.A. 102-719, eff. 5-6-22.)
 
22    Section 50. The Mental Health and Developmental
23Disabilities Code is amended by changing Sections 1-106,

 

 

HB1134- 103 -LRB103 05118 RLC 50132 b

16-103.1, 6-103.2, and 6-103.3 as follows:
 
2    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
3    Sec. 1-106. "Developmental disability" means a severe,
4chronic disability, other than mental illness, found to be
5closely related to an intellectual disability because this
6condition results in impairment of general intellectual
7functioning or adaptive behavior similar to that of persons
8with ID, and requires services similar to those required for a
9person with an intellectual disability. In addition, a
10developmental disability: (1) is manifested before the
11individual reaches 22 years of age; (2) is likely to continue
12indefinitely; (3) results in substantial functional
13limitations in three or more of the following areas of major
14life activity: self-care, receptive and expressive language,
15learning, mobility, self-direction, capacity for independent
16living, or economic self-sufficiency; and (4) reflects the
17individual's need for a combination and sequence of special
18interdisciplinary or generic services, individualized
19supports, or other forms of assistance that are of lifelong or
20extended duration and are individually planned and
21coordinated. This definition does not supersede the
22"developmental disability" definition in Section 1.1 of the
23Firearm Owners Identification Card Act which is required to be
24applied under that Act for the purpose of mandatory reporting.
25(Source: P.A. 102-972, eff. 1-1-23.)
 

 

 

HB1134- 104 -LRB103 05118 RLC 50132 b

1    (405 ILCS 5/6-103.1)
2    Sec. 6-103.1. Adjudication as a person with a mental
3disability. When a person has been adjudicated as a person
4with a mental disability as defined in this Section Section
51.1 of the Firearm Owners Identification Card Act, including,
6but not limited to, an adjudication as a person with a
7disability as defined in Section 11a-2 of the Probate Act of
81975, the court shall direct the circuit court clerk to notify
9the Illinois State Police, Firearm Owner's Identification
10(FOID) Office, in a form and manner prescribed by the Illinois
11State Police, and shall forward a copy of the court order to
12the Department no later than 7 days after the entry of the
13order. Upon receipt of the order, the Illinois State Police
14shall provide notification to the National Instant Criminal
15Background Check System. In this Section, "has been
16adjudicated as a person with a mental disability" means the
17person is the subject of a determination by a court, board,
18commission, or other lawful authority that the person, as a
19result of marked subnormal intelligence, or mental illness,
20mental impairment, incompetency, condition, or disease:
21        (1) presents a clear and present danger to himself,
22    herself, or to others;
23        (2) lacks the mental capacity to manage his or her own
24    affairs or is adjudicated a person with a disability as
25    defined in Section 11a-2 of the Probate Act of 1975;

 

 

HB1134- 105 -LRB103 05118 RLC 50132 b

1        (3) is not guilty in a criminal case by reason of
2    insanity, mental disease or defect;
3        (3.5) is guilty but mentally ill, as provided in
4    Section 5-2-6 of the Unified Code of Corrections;
5        (4) is unfit to stand trial in a criminal case;
6        (5) is not guilty by reason of lack of mental
7    responsibility under Articles 50a and 72b of the Uniform
8    Code of Military Justice, 10 U.S.C. 850a, 876b;
9        (6) is a sexually violent person under subsection (f)
10    of Section 5 of the Sexually Violent Persons Commitment
11    Act;
12        (7) is a sexually dangerous person under the Sexually
13    Dangerous Persons Act;
14        (8) is unfit to stand trial under the Juvenile Court
15    Act of 1987;
16        (9) is not guilty by reason of insanity under the
17    Juvenile Court Act of 1987;
18        (10) is a person subject to involuntary admission on
19    an inpatient basis as defined in Section 1-119 of the
20    Mental Health and Developmental Disabilities Code;
21        (11) is a person subject to involuntary admission on
22    an outpatient basis as defined in Section 1-119.1 of the
23    Mental Health and Developmental Disabilities Code;
24        (12) is subject to judicial admission as set forth in
25    Section 4-500 of the Mental Health and Developmental
26    Disabilities Code; or

 

 

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1        (13) is subject to the provisions of the Interstate
2    Agreements on Sexually Dangerous Persons Act.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (405 ILCS 5/6-103.2)
5    Sec. 6-103.2. Developmental disability; notice. If a
6person 14 years old or older is determined to be a person with
7a developmental disability by a physician, clinical
8psychologist, or qualified examiner, the physician, clinical
9psychologist, or qualified examiner shall notify the
10Department of Human Services within 7 days of making the
11determination that the person has a developmental disability.
12The Department of Human Services shall immediately update its
13records and information relating to mental health and
14developmental disabilities, and if appropriate, shall notify
15the Illinois State Police in a form and manner prescribed by
16the Illinois State Police. Information disclosed under this
17Section shall remain privileged and confidential, and shall
18not be redisclosed, except as required under clause (e)(2) of
19Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
20Section 3.1 of the Firearm Owners Identification Card Act, nor
21used for any other purpose. The method of providing this
22information shall guarantee that the information is not
23released beyond that which is necessary for the purpose of
24this Section and shall be provided by rule by the Department of
25Human Services. The identity of the person reporting under

 

 

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

 

 

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1    "Determined to be a person with a developmental disability
2by a physician, clinical psychologist, or qualified examiner"
3means in the professional opinion of the physician, clinical
4psychologist, or qualified examiner, a person is diagnosed,
5assessed, or evaluated as having a developmental disability.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (405 ILCS 5/6-103.3)
8    Sec. 6-103.3. Clear and present danger; notice. If a
9person is determined to pose a clear and present danger to
10himself, herself, or to others by a physician, clinical
11psychologist, or qualified examiner, whether employed by the
12State, by any public or private mental health facility or part
13thereof, or by a law enforcement official or a school
14administrator, then the physician, clinical psychologist,
15qualified examiner shall notify the Department of Human
16Services and a law enforcement official or school
17administrator shall notify the Illinois State Police, within
1824 hours of making the determination that the person poses a
19clear and present danger. The Department of Human Services
20shall immediately update its records and information relating
21to mental health and developmental disabilities, and if
22appropriate, shall notify the Illinois State Police in a form
23and manner prescribed by the Illinois State Police.
24Information disclosed under this Section shall remain
25privileged and confidential, and shall not be redisclosed,

 

 

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1except as required under clause (e)(2) of Section 24-4.5 of
2the Criminal Code of 2012 subsection (e) of Section 3.1 of the
3Firearm Owners Identification Card Act, nor used for any other
4purpose. The method of providing this information shall
5guarantee that the information is not released beyond that
6which is necessary for the purpose of this Section and shall be
7provided by rule by the Department of Human Services. The
8identity of the person reporting under this Section shall not
9be disclosed to the subject of the report. The physician,
10clinical psychologist, qualified examiner, law enforcement
11official, or school administrator making the determination and
12his or her employer shall not be held criminally, civilly, or
13professionally liable for making or not making the
14notification required under this Section, except for willful
15or wanton misconduct. This Section does not apply to a law
16enforcement official, if making the notification under this
17Section will interfere with an ongoing or pending criminal
18investigation.
19    For the purposes of this Section:
20        "Clear and present danger" means a person who: has the
21    meaning ascribed to it in Section 1.1 of the Firearm
22    Owners Identification Card Act.
23            (1) communicates a serious threat of physical
24        violence against a reasonably identifiable victim or
25        poses a clear and imminent risk of serious physical
26        injury to himself, herself, or another person as

 

 

HB1134- 110 -LRB103 05118 RLC 50132 b

1        determined by a physician, clinical psychologist, or
2        qualified examiner; or
3            (2) demonstrates threatening physical or verbal
4        behavior, such as violent, suicidal, or assaultive
5        threats, actions, or other behavior, as determined by
6        a physician, clinical psychologist, qualified
7        examiner, school administrator, or law enforcement
8        official.
9        "Physician", "clinical psychologist", and "qualified
10    examiner" have the meanings ascribed to them in the Mental
11    Health and Developmental Disabilities Code.
12        "Determined to pose a clear and present danger to
13    himself, herself, or to others by a physician, clinical
14    psychologist, or qualified examiner" means in the
15    professional opinion of the physician, clinical
16    psychologist, or qualified examiner, a person poses a
17    clear and present danger.
18        "School administrator" means the person required to
19    report under the School Administrator Reporting of Mental
20    Health Clear and Present Danger Determinations Law.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    Section 55. The Lead Poisoning Prevention Act is amended
23by changing Section 2 as follows:
 
24    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)

 

 

HB1134- 111 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 112 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 113 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 114 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 115 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 116 -LRB103 05118 RLC 50132 b

1    "Residential building" means any room, group of rooms, or
2other interior areas of a structure designed or used for human
3habitation; common areas accessible by inhabitants; and the
4surrounding property or structures.
5(Source: P.A. 100-723, eff. 1-1-19.)
 
6    (430 ILCS 65/Act rep.)
7    Section 60. The Firearm Owners Identification Card Act is
8repealed.
 
9    Section 65. The Firearm Concealed Carry Act is amended by
10changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
 
11    (430 ILCS 66/25)
12    Sec. 25. Qualifications for a license.
13    The Illinois State Police shall issue a license to an
14applicant completing an application in accordance with Section
1530 of this Act if the person:
16        (1) is at least 21 years of age;
17        (2) has a currently valid Firearm Owner's
18    Identification Card and at the time of application meets
19    the requirements for the issuance of a Firearm Owner's
20    Identification Card and is not prohibited under State the
21    Firearm Owners Identification Card Act or federal law from
22    possessing or receiving a firearm;
23        (3) has not been convicted or found guilty in this

 

 

HB1134- 117 -LRB103 05118 RLC 50132 b

1    State or in any other state of:
2            (A) a misdemeanor involving the use or threat of
3        physical force or violence to any person within the 5
4        years preceding the date of the license application;
5        or
6            (B) 2 or more violations related to driving while
7        under the influence of alcohol, other drug or drugs,
8        intoxicating compound or compounds, or any combination
9        thereof, within the 5 years preceding the date of the
10        license application;
11        (4) is not the subject of a pending arrest warrant,
12    prosecution, or proceeding for an offense or action that
13    could lead to disqualification to own or possess a
14    firearm;
15        (5) has not been in residential or court-ordered
16    treatment for alcoholism, alcohol detoxification, or drug
17    treatment within the 5 years immediately preceding the
18    date of the license application; and
19        (6) has completed firearms training and any education
20    component required under Section 75 of this Act.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (430 ILCS 66/30)
23    Sec. 30. Contents of license application.
24    (a) The license application shall be in writing, under
25penalty of perjury, on a standard form adopted by the Illinois

 

 

HB1134- 118 -LRB103 05118 RLC 50132 b

1State Police and shall be accompanied by the documentation
2required in this Section and the applicable fee. Each
3application form shall include the following statement printed
4in bold type: "Warning: Entering false information on this
5form is punishable as perjury under Section 32-2 of the
6Criminal Code of 2012."
7    (b) The application shall contain the following:
8        (1) the applicant's name, current address, date and
9    year of birth, place of birth, height, weight, hair color,
10    eye color, maiden name or any other name the applicant has
11    used or identified with, and any address where the
12    applicant resided for more than 30 days within the 10
13    years preceding the date of the license application;
14        (2) the applicant's valid driver's license number or
15    valid state identification card number;
16        (3) a waiver of the applicant's privacy and
17    confidentiality rights and privileges under all federal
18    and state laws, including those limiting access to
19    juvenile court, criminal justice, psychological, or
20    psychiatric records or records relating to any
21    institutionalization of the applicant, and an affirmative
22    request that a person having custody of any of these
23    records provide it or information concerning it to the
24    Illinois State Police. The waiver only applies to records
25    sought in connection with determining whether the
26    applicant qualifies for a license to carry a concealed

 

 

HB1134- 119 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 120 -LRB103 05118 RLC 50132 b

1        (7) written consent for the Illinois State Police to
2    review and use the applicant's Illinois digital driver's
3    license or Illinois identification card photograph and
4    signature;
5        (8) unless submitted under subsection (a-25) of
6    Section 4 of the Firearm Owners Identification Card Act, a
7    full set of fingerprints submitted to the Illinois State
8    Police in electronic format, provided the Illinois State
9    Police may accept an application submitted without a set
10    of fingerprints, in which case the Illinois State Police
11    shall be granted 30 days in addition to the 90 days
12    provided under subsection (e) of Section 10 of this Act to
13    issue or deny a license;
14        (9) a head and shoulder color photograph in a size
15    specified by the Illinois State Police taken within the 30
16    days preceding the date of the license application; and
17        (10) a photocopy of any certificates or other evidence
18    of compliance with the training requirements under this
19    Act.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    (430 ILCS 66/40)
23    Sec. 40. Non-resident license applications.
24    (a) For the purposes of this Section, "non-resident" means
25a person who has not resided within this State for more than 30

 

 

HB1134- 121 -LRB103 05118 RLC 50132 b

1days and resides in another state or territory.
2    (b) The Illinois State Police shall by rule allow for
3non-resident license applications from any state or territory
4of the United States with laws related to firearm ownership,
5possession, and carrying, that are substantially similar to
6the requirements to obtain a license under this Act.
7    (c) A resident of a state or territory approved by the
8Illinois State Police under subsection (b) of this Section may
9apply for a non-resident license. The applicant shall apply to
10the Illinois State Police and must meet all of the
11qualifications established in Section 25 of this Act, except
12for the Illinois residency requirement in item (xiv) of
13paragraph (2) of subsection (a) of Section 4 of the Firearm
14Owners Identification Card Act. The applicant shall submit:
15        (1) the application and documentation required under
16    Section 30 of this Act and the applicable fee;
17        (2) a notarized document stating that the applicant:
18            (A) is eligible under federal law and the laws of
19        his or her state or territory of residence to own or
20        possess a firearm;
21            (B) if applicable, has a license or permit to
22        carry a firearm or concealed firearm issued by his or
23        her state or territory of residence and attach a copy
24        of the license or permit to the application;
25            (C) understands Illinois laws pertaining to the
26        possession and transport of firearms; and

 

 

HB1134- 122 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 123 -LRB103 05118 RLC 50132 b

1        (1) is not prohibited from owning or possessing a
2    firearm under federal law;
3        (2) is eligible to carry a firearm in public under the
4    laws of his or her state or territory of residence, as
5    evidenced by the possession of a concealed carry license
6    or permit issued by his or her state of residence, if
7    applicable; and
8        (3) is not in possession of a license under this Act.
9    If the non-resident leaves his or her vehicle unattended,
10he or she shall store the firearm within a locked vehicle or
11locked container within the vehicle in accordance with
12subsection (b) of Section 65 of this Act.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    (430 ILCS 66/66)
15    Sec. 66. Illinois State Police to monitor databases for
16firearms prohibitors. The Illinois State Police shall
17continuously monitor relevant State and federal databases for
18firearms prohibitors and correlate those records with
19concealed carry license holders to ensure compliance with this
20Act and any other State and federal laws. As used in this
21Section, "firearms prohibitor" means any factor listed in
22Section 8 or Section 8.2 of the Firearm Owners Identification
23Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
24that prohibits a person from transferring or possessing a
25firearm, firearm ammunition, Firearm Owner's Identification

 

 

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1Card, or concealed carry license.
2(Source: P.A. 102-237, eff. 1-1-22.)
 
3    (430 ILCS 66/70)
4    Sec. 70. Violations.
5    (a) A license issued or renewed under this Act shall be
6revoked if, at any time, the licensee is found to be ineligible
7for a license under this Act or the licensee is prohibited from
8possessing a firearm under State or federal law no longer
9meets the eligibility requirements of the Firearm Owners
10Identification Card Act.
11    (b) A license shall be suspended if an order of
12protection, including an emergency order of protection,
13plenary order of protection, or interim order of protection
14under Article 112A of the Code of Criminal Procedure of 1963 or
15under the Illinois Domestic Violence Act of 1986, or if a
16firearms restraining order, including an emergency firearms
17restraining order, under the Firearms Restraining Order Act,
18is issued against a licensee for the duration of the order, or
19if the Illinois State Police is made aware of a similar order
20issued against the licensee in any other jurisdiction. If an
21order of protection is issued against a licensee, the licensee
22shall surrender the license, as applicable, to the court at
23the time the order is entered or to the law enforcement agency
24or entity serving process at the time the licensee is served
25the order. The court, law enforcement agency, or entity

 

 

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

 

 

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

 

 

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1denied. The observation of a concealed carry license in the
2possession of a person whose license has been revoked,
3suspended, or denied constitutes a sufficient basis for the
4arrest of that person for violation of this subsection. A
5violation of this subsection is a Class A misdemeanor.
6    (h) (Blank). Except as otherwise provided in subsection
7(h-5), a license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found ineligible for a
9Firearm Owner's Identification Card, or the licensee no longer
10possesses a valid Firearm Owner's Identification Card. If the
11Firearm Owner's Identification Card is expired or suspended
12rather than denied or revoked, the license may be suspended
13for a period of up to one year to allow the licensee to
14reinstate his or her Firearm Owner's Identification Card. The
15Illinois State Police shall adopt rules to enforce this
16subsection. A licensee whose license is revoked under this
17subsection (h) shall surrender his or her concealed carry
18license as provided for in subsection (g) of this Section.
19    This subsection shall not apply to a person who has filed
20an application with the Illinois State Police for renewal of a
21Firearm Owner's Identification Card and who is not otherwise
22ineligible to obtain a Firearm Owner's Identification Card.
23    (h-5) (Blank). If the Firearm Owner's Identification Card
24of a licensee under this Act expires during the term of the
25license issued under this Act, the license and the Firearm
26Owner's Identification Card remain valid, and the Illinois

 

 

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1State Police may automatically renew the licensee's Firearm
2Owner's Identification Card as provided in subsection (c) of
3Section 5 of the Firearm Owners Identification Card Act.
4    (i) A certified firearms instructor who knowingly provides
5or offers to provide a false certification that an applicant
6has completed firearms training as required under this Act is
7guilty of a Class A misdemeanor. A person guilty of a violation
8of this subsection (i) is not eligible for court supervision.
9The Illinois State Police shall permanently revoke the
10firearms instructor certification of a person convicted under
11this subsection (i).
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13102-813, eff. 5-13-22.)
 
14    (430 ILCS 66/80)
15    Sec. 80. Certified firearms instructors.
16    (a) Within 60 days of the effective date of this Act, the
17Illinois State Police shall begin approval of certified
18firearms instructors and enter certified firearms instructors
19into an online registry on the Illinois State Police's
20website.
21    (b) A person who is not a certified firearms instructor
22shall not teach applicant training courses or advertise or
23otherwise represent courses they teach as qualifying their
24students to meet the requirements to receive a license under
25this Act. Each violation of this subsection is a business

 

 

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1offense with a fine of at least $1,000 per violation.
2    (c) A person seeking to become a certified firearms
3instructor shall:
4        (1) be at least 21 years of age;
5        (2) be a legal resident of the United States; and
6        (3) meet the requirements of Section 25 of this Act,
7    except for the Illinois residency requirement in item
8    (xiv) of paragraph (2) of subsection (a) of Section 4 of
9    the Firearm Owners Identification Card Act; and any
10    additional uniformly applied requirements established by
11    the Illinois State Police.
12    (d) A person seeking to become a certified firearms
13instructor, in addition to the requirements of subsection (c)
14of this Section, shall:
15        (1) possess a high school diploma or State of Illinois
16    High School Diploma; and
17        (2) have at least one of the following valid firearms
18    instructor certifications:
19            (A) certification from a law enforcement agency;
20            (B) certification from a firearm instructor course
21        offered by a State or federal governmental agency;
22            (C) certification from a firearm instructor
23        qualification course offered by the Illinois Law
24        Enforcement Training Standards Board; or
25            (D) certification from an entity approved by the
26        Illinois State Police that offers firearm instructor

 

 

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1        education and training in the use and safety of
2        firearms.
3    (e) A person may have his or her firearms instructor
4certification denied or revoked if he or she does not meet the
5requirements to obtain a license under this Act, provides
6false or misleading information to the Illinois State Police,
7or has had a prior instructor certification revoked or denied
8by the Illinois State Police.
9(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
 
10    (430 ILCS 66/105)
11    Sec. 105. Duty of school administrator. It is the duty of
12the principal of a public elementary or secondary school, or
13his or her designee, and the chief administrative officer of a
14private elementary or secondary school or a public or private
15community college, college, or university, or his or her
16designee, to report to the Illinois State Police when a
17student is determined to pose a clear and present danger to
18himself, herself, or to others, within 24 hours of the
19determination as provided in Section 6-103.3 of the Mental
20Health and Developmental Disabilities Code. "Clear and present
21danger" has the meaning as provided in paragraph (2) of the
22definition of "clear and present danger" in Section 6-103.3 of
23the Mental Health and Developmental Disabilities Code 1.1 of
24the Firearm Owners Identification Card Act.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    Section 66. The Firearms Restraining Order Act is amended
2by changing Sections 35 and 40 as follows:
 
3    (430 ILCS 67/35)
4    Sec. 35. Ex parte orders and emergency hearings.
5    (a) A petitioner may request an emergency firearms
6restraining order by filing an affidavit or verified pleading
7alleging that the respondent poses an immediate and present
8danger of causing personal injury to himself, herself, or
9another by having in his or her custody or control,
10purchasing, possessing, or receiving a firearm, ammunition, or
11firearm parts that could be assembled to make an operable
12firearm. The petition shall also describe the type and
13location of any firearm or firearms, ammunition, or firearm
14parts that could be assembled to make an operable firearm
15presently believed by the petitioner to be possessed or
16controlled by the respondent.
17    (b) If the respondent is alleged to pose an immediate and
18present danger of causing personal injury to an intimate
19partner, or an intimate partner is alleged to have been the
20target of a threat or act of violence by the respondent, the
21petitioner shall make a good faith effort to provide notice to
22any and all intimate partners of the respondent. The notice
23must include that the petitioner intends to petition the court
24for an emergency firearms restraining order, and, if the

 

 

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1petitioner is a law enforcement officer, referral to relevant
2domestic violence or stalking advocacy or counseling
3resources, if appropriate. The petitioner shall attest to
4having provided the notice in the filed affidavit or verified
5pleading. If, after making a good faith effort, the petitioner
6is unable to provide notice to any or all intimate partners,
7the affidavit or verified pleading should describe what
8efforts were made.
9    (c) Every person who files a petition for an emergency
10firearms restraining order, knowing the information provided
11to the court at any hearing or in the affidavit or verified
12pleading to be false, is guilty of perjury under Section 32-2
13of the Criminal Code of 2012.
14    (d) An emergency firearms restraining order shall be
15issued on an ex parte basis, that is, without notice to the
16respondent.
17    (e) An emergency hearing held on an ex parte basis shall be
18held the same day that the petition is filed or the next day
19that the court is in session.
20    (f) If a circuit or associate judge finds probable cause
21to believe that the respondent poses an immediate and present
22danger of causing personal injury to himself, herself, or
23another by having in his or her custody or control,
24purchasing, possessing, or receiving a firearm, ammunition, or
25firearm parts that could be assembled to make an operable
26firearm, the circuit or associate judge shall issue an

 

 

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

 

 

HB1134- 134 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 135 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 136 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 137 -LRB103 05118 RLC 50132 b

1an operable firearm.
2    (i) In accordance with subsection (e) of this Section, the
3court shall schedule a full hearing as soon as possible, but no
4longer than 14 days from the issuance of an ex parte firearms
5restraining order, to determine if a 6-month firearms
6restraining order shall be issued. The court may extend an ex
7parte order as needed, but not to exceed 14 days, to effectuate
8service of the order or if necessary to continue protection.
9The court may extend the order for a greater length of time by
10mutual agreement of the parties.
11(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
12102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
135-13-22.)
 
14    (430 ILCS 67/40)
15    Sec. 40. Six-month orders.
16    (a) A petitioner may request a 6-month firearms
17restraining order by filing an affidavit or verified pleading
18alleging that the respondent poses a significant danger of
19causing personal injury to himself, herself, or another in the
20near future by having in his or her custody or control,
21purchasing, possessing, or receiving a firearm, ammunition,
22and firearm parts that could be assembled to make an operable
23firearm. The petition shall also describe the number, types,
24and locations of any firearms, ammunition, and firearm parts
25that could be assembled to make an operable firearm presently

 

 

HB1134- 138 -LRB103 05118 RLC 50132 b

1believed by the petitioner to be possessed or controlled by
2the respondent.
3    (b) If the respondent is alleged to pose a significant
4danger of causing personal injury to an intimate partner, or
5an intimate partner is alleged to have been the target of a
6threat or act of violence by the respondent, the petitioner
7shall make a good faith effort to provide notice to any and all
8intimate partners of the respondent. The notice must include
9that the petitioner intends to petition the court for a
106-month firearms restraining order, and, if the petitioner is
11a law enforcement officer, referral to relevant domestic
12violence or stalking advocacy or counseling resources, if
13appropriate. The petitioner shall attest to having provided
14the notice in the filed affidavit or verified pleading. If,
15after making a good faith effort, the petitioner is unable to
16provide notice to any or all intimate partners, the affidavit
17or verified pleading should describe what efforts were made.
18    (c) Every person who files a petition for a 6-month
19firearms restraining order, knowing the information provided
20to the court at any hearing or in the affidavit or verified
21pleading to be false, is guilty of perjury under Section 32-2
22of the Criminal Code of 2012.
23    (d) Upon receipt of a petition for a 6-month firearms
24restraining order, the court shall order a hearing within 30
25days.
26    (e) In determining whether to issue a firearms restraining

 

 

HB1134- 139 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 140 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 141 -LRB103 05118 RLC 50132 b

1agency within 4 days thereafter, setting forth the time, date,
2and location that the search warrant was executed and what
3items, if any, were seized.
4    (h) A 6-month firearms restraining order shall require:
5        (1) the respondent to refrain from having in his or
6    her custody or control, purchasing, possessing, or
7    receiving additional firearms, ammunition, and firearm
8    parts that could be assembled to make an operable firearm
9    for the duration of the order under Section 8.2 of the
10    Firearm Owners Identification Card Act; and
11        (2) the respondent to comply with Section 9.5 of the
12    Firearm Owners Identification Card Act and subsection (g)
13    of Section 70 of the Firearm Concealed Carry Act.
14    (i) Except as otherwise provided in subsection (i-5) of
15this Section, upon expiration of the period of safekeeping, if
16the firearms, ammunition, and firearm parts that could be
17assembled to make an operable firearm or Firearm Owner's
18Identification Card cannot be returned to the respondent
19because the respondent cannot be located, fails to respond to
20requests to retrieve the firearms, ammunition, and firearm
21parts that could be assembled to make an operable firearm, or
22is not lawfully eligible to possess a firearm, ammunition, and
23firearm parts that could be assembled to make an operable
24firearm, upon petition from the local law enforcement agency,
25the court may order the local law enforcement agency to
26destroy the firearms, ammunition, and firearm parts that could

 

 

HB1134- 142 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 143 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 144 -LRB103 05118 RLC 50132 b

1that he or she: (i) is the lawful owner of the firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm; (ii) shall not transfer the firearm,
4ammunition, and firearm parts that could be assembled to make
5an operable firearm to the respondent; and (iii) will store
6the firearm, ammunition, and firearm parts that could be
7assembled to make an operable firearm in a manner that the
8respondent does not have access to or control of the firearm,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm.
11    (j) If the court does not issue a firearms restraining
12order at the hearing, the court shall dissolve any emergency
13firearms restraining order then in effect.
14    (k) When the court issues a firearms restraining order
15under this Section, the court shall inform the respondent that
16he or she is entitled to one hearing during the period of the
17order to request a termination of the order, under Section 45
18of this Act, and shall provide the respondent with a form to
19request a hearing.
20(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
21102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
225-13-22.)
 
23    Section 70. The Firearm Dealer License Certification Act
24is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
25follows:
 

 

 

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1    (430 ILCS 68/5-20)
2    Sec. 5-20. Additional licensee requirements.
3    (a) A certified licensee shall make a photo copy of a
4buyer's or transferee's valid photo identification card
5whenever a firearm sale transaction takes place. The photo
6copy shall be attached to the documentation detailing the
7record of sale.
8    (b) A certified licensee shall post in a conspicuous
9position on the premises where the licensee conducts business
10a sign that contains the following warning in block letters
11not less than one inch in height:
12        "With few exceptions enumerated in the Criminal Code
13    of 2012 Firearm Owners Identification Card Act, it is
14    unlawful for you to:
15            (A) store or leave an unsecured firearm in a place
16        where a child can obtain access to it;
17            (B) sell or transfer your firearm to someone else
18        without receiving approval for the transfer from the
19        Illinois State Police, or
20            (C) fail to report the loss or theft of your
21        firearm to local law enforcement within 72 hours.".
22This sign shall be created by the Illinois State Police and
23made available for printing or downloading from the Illinois
24State Police's website.
25    (c) No retail location established after the effective

 

 

HB1134- 146 -LRB103 05118 RLC 50132 b

1date of this Act shall be located within 500 feet of any
2school, pre-school, or day care facility in existence at its
3location before the retail location is established as measured
4from the nearest corner of the building holding the retail
5location to the corner of the school, pre-school, or day care
6facility building nearest the retail location at the time the
7retail location seeks licensure.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (430 ILCS 68/5-25)
10    Sec. 5-25. Exemptions. The provisions of this Act related
11to the certification of a license do not apply to a person or
12entity that engages in the following activities:
13        (1) temporary transfers of firearms solely for use at
14    the location or on the premises where the transfer takes
15    place, such as transfers at a shooting range for use at
16    that location;
17        (2) temporary transfers of firearms solely for use
18    while in the presence of the transferor or transfers for
19    the purposes of firearm safety training by a firearms
20    safety training instructor;
21        (3) transfers of firearms among immediate family or
22    household members, as "immediate family or household
23    member" is defined in Section 3-2.7-10 of the Unified Code
24    of Corrections, provided that both the transferor and
25    transferee are not prohibited from possessing a firearm

 

 

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1    under federal or State law have a currently valid Firearm
2    Owner's Identification Card; however, this paragraph (3)
3    does not limit the familial gift exemption under paragraph
4    (2) of subsection (a-15) of Section 3 of the Firearm
5    Owners Identification Card Act;
6        (4) transfers by persons or entities acting under
7    operation of law or a court order;
8        (5) transfers by persons or entities liquidating all
9    or part of a collection. For purposes of this paragraph
10    (5), "collection" means 2 or more firearms which are of
11    special interest to collectors by reason of some quality
12    other than is associated with firearms intended for
13    sporting use or as offensive or defensive weapons;
14        (6) transfers of firearms that have been rendered
15    permanently inoperable to a nonprofit historical society,
16    museum, or institutional collection;
17        (7) transfers by a law enforcement or corrections
18    agency or a law enforcement or corrections officer acting
19    within the course and scope of his or her official duties;
20        (8) (blank); transfers to a State or local law
21    enforcement agency by a person who has his or her Firearm
22    Owner's Identification Card revoked;
23        (9) transfers of curios and relics, as defined under
24    federal law, between collectors licensed under subsection
25    (b) of Section 923 of the federal Gun Control Act of 1968;
26        (10) transfers by a person or entity licensed as an

 

 

HB1134- 148 -LRB103 05118 RLC 50132 b

1    auctioneer under the Auction License Act;
2        (10.5) transfers of firearms to a resident registered
3    competitor or attendee or non-resident registered
4    competitor or attendee by a licensed federal firearms
5    dealer under Section 923 of the federal Gun Control Act of
6    1968 at a competitive shooting event held at the World
7    Shooting and Recreational Complex that is sanctioned by a
8    national governing body; or
9        (11) transfers between a pawnshop and a customer which
10    amount to a bailment. For purposes of this paragraph (11),
11    "bailment" means the act of placing property in the
12    custody and control of another, by agreement in which the
13    holder is responsible for the safekeeping and return of
14    the property.
15(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
16    (430 ILCS 68/5-40)
17    Sec. 5-40. Qualifications for operation.
18    (a) Each certified licensee shall submit with each
19application for certification or renewal an affidavit to the
20Illinois State Police stating that each owner, employee, or
21other agent of the certified licensee who sells or conducts
22transfers of firearms for the certified licensee is at least
2321 years of age, has a currently valid Firearm Owner's
24Identification Card and, for a renewal, has completed the
25training required under Section 5-30. The affidavit must also

 

 

HB1134- 149 -LRB103 05118 RLC 50132 b

1contain the name and Firearm Owner's Identification Card
2number of each owner, employee, or other agent who sells or
3conducts transfers of firearms for the certified licensee. If
4an owner, employee, or other agent of the certified licensee
5is not otherwise a resident of this State, the certified
6licensee shall submit an affidavit stating that the owner,
7employee, or other agent has undergone a background check and
8is not prohibited from owning or possessing firearms.
9    (b) In addition to the affidavit required under subsection
10(a), within 30 days of a new owner, employee, or other agent
11beginning selling or conducting transfers of firearms for the
12certified licensee, the certified licensee shall submit an
13affidavit to the Illinois State Police stating the date that
14the new owner, employee, or other agent began selling or
15conducting transfers of firearms for the certified licensee,
16and providing the information required in subsection (a) for
17that new owner, employee, or other agent.
18    (c) If a certified licensee has a license, certificate, or
19permit to sell, lease, transfer, purchase, or possess firearms
20issued by the federal government or the government of any
21state revoked or suspended for good cause within the preceding
224 years, the Illinois State Police may consider revoking or
23suspending the certified licenses in this State. In making a
24determination of whether or not to revoke or suspend a
25certified license in this State, the Illinois State Police
26shall consider the number of retail locations the certified

 

 

HB1134- 150 -LRB103 05118 RLC 50132 b

1licensee or any related person or entity operates in this
2State or in other states under the same or different business
3names, and the severity of the infraction in the state in which
4a license was revoked or suspended.
5    (d) Applications and affidavits required under this
6Section are not subject to disclosure by the Illinois State
7Police under the Freedom of Information Act.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (430 ILCS 68/5-85)
10    Sec. 5-85. Disciplinary sanctions.
11    (a) For violations of this Act not penalized under Section
125-15, the Illinois State Police may refuse to renew or
13restore, or may reprimand, place on probation, suspend,
14revoke, or take other disciplinary or non-disciplinary action
15against any licensee, and may impose a fine commensurate with
16the severity of the violation not to exceed $10,000 for each
17violation for any of the following, consistent with the
18Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
19through 7903:
20        (1) Violations of this Act, or any law applicable to
21    the sale or transfer of firearms.
22        (2) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetency to practice under
24    this Act.
25        (3) Aiding or assisting another person in violating

 

 

HB1134- 151 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 152 -LRB103 05118 RLC 50132 b

1    licensee, after having his or her certified license placed
2    on probationary status, has violated the terms of
3    probation.
4        (11) A fraudulent or material misstatement in the
5    completion of an affirmative obligation or inquiry by law
6    enforcement.
7    (b) All fines imposed under this Section shall be paid
8within 90 days after the effective date of the final order
9imposing the fine.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 75. The Wildlife Code is amended by changing
12Sections 3.2 and 3.2a as follows:
 
13    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
14    Sec. 3.2. Hunting license; application; instruction.
15Before the Department or any county, city, village, township,
16incorporated town clerk or his duly designated agent or any
17other person authorized or designated by the Department to
18issue hunting licenses shall issue a hunting license to any
19person, the person shall file his application with the
20Department or other party authorized to issue licenses on a
21form provided by the Department and further give definite
22proof of identity and place of legal residence. Each clerk
23designating agents to issue licenses and stamps shall furnish
24the Department, within 10 days following the appointment, the

 

 

HB1134- 153 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 154 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 155 -LRB103 05118 RLC 50132 b

1Illinois National Guard, or the Reserves of the United States
2Armed Forces, the fee is one-half of the fee charged for a
3hunting license to hunt all species for a resident of
4Illinois. Veterans must provide to the Department acceptable
5verification of their service. The Department shall establish
6by administrative rule the procedure by which such
7verification of service shall be made to the Department for
8the purpose of issuing resident veterans hunting licenses at a
9reduced fee. The fee for a hunting license to hunt all species
10shall be $1 for residents over 75 years of age. Nonresidents
11shall be charged $57 for a hunting 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

 

 

HB1134- 156 -LRB103 05118 RLC 50132 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

 

 

HB1134- 157 -LRB103 05118 RLC 50132 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    For the purposes of this Section, "acceptable
10verification" means official documentation from the Department
11of Defense or the appropriate Major Command showing
12mobilization dates or service abroad dates, including: (i) a
13DD-214, (ii) a letter from the Illinois Department of Military
14Affairs for members of the Illinois National Guard, (iii) a
15letter from the Regional Reserve Command for members of the
16Armed Forces Reserve, (iv) a letter from the Major Command
17covering Illinois for active duty members, (v) personnel
18records for mobilized State employees, and (vi) any other
19documentation that the Department, by administrative rule,
20deems acceptable to establish dates of mobilization or service
21abroad.
22    For the purposes of this Section, the term "service
23abroad" means active duty service outside of the 50 United
24States and the District of Columbia, and includes all active
25duty service in territories and possessions of the United
26States.

 

 

HB1134- 158 -LRB103 05118 RLC 50132 b

1(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
 
2    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
3    Sec. 3.2a. Every person holding any license, permit or
4stamp issued under the provisions hereof shall have it in his
5possession for immediate presentation for inspection to the
6officers and authorized employees of the Department, any
7sheriff, deputy sheriff or any other peace officer making a
8demand for it. This provision shall not apply to Department
9owned or managed sites where it is required that all hunters
10deposit their license or , permit or Firearm Owner's
11Identification Card at the check station upon entering the
12hunting areas.
13(Source: P.A. 85-152.)
 
14    Section 76. The Illinois Vehicle Code is amended by
15changing Section 2-116 as follows:
 
16    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
17    Sec. 2-116. Secretary of State Department of Police.
18    (a) The Secretary of State and the officers, inspectors,
19and investigators appointed by him shall cooperate with the
20Illinois State Police and the sheriffs and police in enforcing
21the laws regulating the operation of vehicles and the use of
22the highways.
23    (b) The Secretary of State may provide training and

 

 

HB1134- 159 -LRB103 05118 RLC 50132 b

1education for members of his office in traffic regulation, the
2promotion of traffic safety and the enforcement of laws vested
3in the Secretary of State for administration and enforcement
4regulating the operation of vehicles and the use of the
5highways.
6    (c) The Secretary of State may provide distinctive
7uniforms and badges for officers, inspectors and investigators
8employed in the administration of laws relating to the
9operation of vehicles and the use of the highways and vesting
10the administration and enforcement of such laws in the
11Secretary of State.
12    (c-5) The Director of the Secretary of State Department of
13Police shall establish a program to allow a Secretary of State
14Police officer, inspector, or investigator who is honorably
15retiring in good standing to purchase either one or both of the
16following: (1) any Secretary of State Department of Police
17badge previously issued to that officer, inspector, or
18investigator; or (2) if the officer, inspector, or
19investigator has a currently valid Firearm Owner's
20Identification Card, the service firearm issued or previously
21issued to the officer, inspector, or investigator by the
22Secretary of State Department of Police. The cost of the
23firearm shall be the replacement value of the firearm and not
24the firearm's fair market value.
25    (d) The Secretary of State Department of Police is
26authorized to:

 

 

HB1134- 160 -LRB103 05118 RLC 50132 b

1        (1) investigate the origins, activities, persons, and
2    incidents of crime and the ways and means, if any, to
3    redress the victims of crimes, and study the impact, if
4    any, of legislation relative to the criminal laws of this
5    State related thereto and conduct any other investigations
6    as may be provided by law;
7        (2) employ skilled experts, technicians,
8    investigators, special agents, or otherwise specially
9    qualified persons to aid in preventing or detecting crime,
10    apprehending criminals, or preparing and presenting
11    evidence of violations of the criminal laws of the State;
12        (3) cooperate with the police of cities, villages, and
13    incorporated towns, and with the police officers of any
14    county, in enforcing the laws of the State and in making
15    arrests;
16        (4) provide, as may be required by law, assistance to
17    local law enforcement agencies through training,
18    management, and consultant services for local law
19    enforcement agencies, pertaining to law enforcement
20    activities;
21        (5) exercise the rights, powers, and duties which have
22    been vested in it by the Secretary of State Act and this
23    Code; and
24        (6) enforce and administer any other laws in relation
25    to law enforcement as may be vested in the Secretary of
26    State Department of Police.

 

 

HB1134- 161 -LRB103 05118 RLC 50132 b

1    Persons within the Secretary of State Department of Police
2who exercise these powers are conservators of the peace and
3have all the powers possessed by policemen in municipalities
4and sheriffs, and may exercise these powers anywhere in the
5State in cooperation with local law enforcement officials.
6These persons may use false or fictitious names in the
7performance of their duties under this Section, upon approval
8of the Director of Police-Secretary of State, and shall not be
9subject to prosecution under the criminal laws for that use.
10    (e) The Secretary of State Department of Police may
11charge, collect, and receive fees or moneys equivalent to the
12cost of providing its personnel, equipment, and services to
13governmental agencies when explicitly requested by a
14governmental agency and according to an intergovernmental
15agreement or memorandums of understanding as provided by this
16Section, including but not limited to fees or moneys
17equivalent to the cost of providing training to other
18governmental agencies on terms and conditions that in the
19judgment of the Director of Police-Secretary of State are in
20the best interest of the Secretary of State. All fees received
21by the Secretary of State Police Department under this Act
22shall be deposited in a special fund in the State Treasury to
23be known as the Secretary of State Police Services Fund. The
24money deposited in the Secretary of State Police Services Fund
25shall be appropriated to the Secretary of State Department of
26Police as provided for in subsection (g).

 

 

HB1134- 162 -LRB103 05118 RLC 50132 b

1    (f) The Secretary of State Department of Police may apply
2for grants or contracts and receive, expend, allocate, or
3disburse moneys made available by public or private entities,
4including, but not limited to, contracts, bequests, grants, or
5receiving equipment from corporations, foundations, or public
6or private institutions of higher learning.
7    (g) The Secretary of State Police Services Fund is hereby
8created as a special fund in the State Treasury. All moneys
9received under this Section by the Secretary of State
10Department of Police shall be deposited into the Secretary of
11State Police Services Fund to be appropriated to the Secretary
12of State Department of Police for purposes as indicated by the
13grantor or contractor or, in the case of moneys bequeathed or
14granted for no specific purpose, for any purpose as deemed
15appropriate by the Director of Police-Secretary of State in
16administering the responsibilities of the Secretary of State
17Department of Police.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 80. The Criminal Code of 2012 is amended by
20changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2124-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
2224-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and adding Section
2324-4.5 as follows:
 
24    (720 ILCS 5/2-7.1)

 

 

HB1134- 163 -LRB103 05118 RLC 50132 b

1    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
2"Firearm "Firearm" and "firearm ammunition" means any
3self-contained cartridge or shotgun shell, by whatever name
4known, which is designed to be used or adaptable to use in a
5firearm; excluding, however:
6    (1) any ammunition exclusively designed for use with a
7device used exclusively for signaling or safety and required
8or recommended by the United States Coast Guard or the
9Interstate Commerce Commission; and
10    (2) any ammunition designed exclusively for use with a
11stud or rivet driver or other similar industrial ammunition
12have the meanings ascribed to them in Section 1.1 of the
13Firearm Owners Identification Card Act.
14(Source: P.A. 91-544, eff. 1-1-00.)
 
15    (720 ILCS 5/2-7.5)
16    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
17specific Section, "firearm" means any device, by whatever name
18known, which is designed to expel a projectile or projectiles
19by the action of an explosion, expansion of gas or escape of
20gas; excluding, however:
21    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
22gun which expels a single globular projectile not exceeding
23.18 inch in diameter or which has a maximum muzzle velocity of
24less than 700 feet per second;
25    (1.1) any pneumatic gun, spring gun, paint ball gun, or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB1134- 172 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 173 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 174 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 175 -LRB103 05118 RLC 50132 b

1    "Domestic violence shelter" means any building or other
2structure used to provide shelter or other services to victims
3or to the dependent children of victims of domestic violence
4pursuant to the Illinois Domestic Violence Act of 1986 or the
5Domestic Violence Shelters Act, or any place within 500 feet
6of such a building or other structure in the case of a person
7who is going to or from such a building or other structure.
8    "Firearm" has the meaning provided under Section 2-7.5 1.1
9of the Firearm Owners Identification Card Act, and does not
10include an air rifle as defined by Section 24.8-0.1 of this
11Code.
12    "Machine gun" has the meaning ascribed to it in Section
1324-1 of this Code.
14    "Merchant" has the meaning ascribed to it in Section
1516-0.1 of this Code.
16    "Strangle" means intentionally impeding the normal
17breathing or circulation of the blood of an individual by
18applying pressure on the throat or neck of that individual or
19by blocking the nose or mouth of that individual.
20(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
21    (720 ILCS 5/16-0.1)
22    Sec. 16-0.1. Definitions. In this Article, unless the
23context clearly requires otherwise, the following terms are
24defined as indicated:
25    "Access" means to use, instruct, communicate with, store

 

 

HB1134- 176 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 177 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 178 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 179 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 180 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 181 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 182 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 183 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

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

 

 

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

 

 

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1encoded on the magnetic strip or stripe of a payment card.
2    "Shopping cart" means those push carts of the type or
3types which are commonly provided by grocery stores, drug
4stores or other retail mercantile establishments for the use
5of the public in transporting commodities in stores and
6markets and, incidentally, from the stores to a place outside
7the store.
8    "Sound or audio visual recording" means any sound or audio
9visual phonograph record, disc, pre-recorded tape, film, wire,
10magnetic tape or other object, device or medium, now known or
11hereafter invented, by which sounds or images may be
12reproduced with or without the use of any additional machine,
13equipment or device.
14    "Stored value card" means any card, gift card, instrument,
15or device issued with or without fee for the use of the
16cardholder to obtain money, goods, services, or anything else
17of value. Stored value cards include, but are not limited to,
18cards issued for use as a stored value card or gift card, and
19an account identification number or symbol used to identify a
20stored value card. "Stored value card" does not include a
21prepaid card usable at multiple, unaffiliated merchants or at
22automated teller machines, or both. "Stored value card" shall
23only apply to Section 16-25.1 of this Act.
24    "Theft detection device remover" means any tool or device
25specifically designed and intended to be used to remove any
26theft detection device from any merchandise.

 

 

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

 

 

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

 

 

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1    or component or part thereof, primarily distributed, sold,
2    designed, assembled, manufactured, modified, programmed,
3    reprogrammed or used for the purpose of providing the
4    unauthorized receipt of, transmission of, disruption of,
5    decryption of, access to or acquisition of any
6    communication service provided by any communication
7    service provider.
8    "Vehicle" means a motor vehicle, motorcycle, or farm
9implement that is self-propelled and that uses motor fuel for
10propulsion.
11    "Wireless device" includes any type of instrument, device,
12machine, or equipment that is capable of transmitting or
13receiving telephonic, electronic or radio communications, or
14any part of such instrument, device, machine, or equipment, or
15any computer circuit, computer chip, electronic mechanism, or
16other component that is capable of facilitating the
17transmission or reception of telephonic, electronic, or radio
18communications.
19(Source: P.A. 102-757, eff. 5-13-22.)
 
20    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
21    Sec. 17-30. Defaced, altered, or removed manufacturer or
22owner identification number.
23    (a) Unlawful sale of household appliances. A person
24commits unlawful sale of household appliances when he or she
25knowingly, with the intent to defraud or deceive another,

 

 

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

 

 

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1dams, airports, or waterways or in material handling for such
2projects upon which any such serial number, product
3identification number, part number, component identification
4number, owner-applied identification number, or other mark of
5identification has been changed, altered, removed, or
6obliterated.
7    (c) Defacement of manufacturer's serial number or
8identification mark. A person commits defacement of a
9manufacturer's serial number or identification mark when he or
10she knowingly removes, alters, defaces, covers, or destroys
11the manufacturer's serial number or any other manufacturer's
12number or distinguishing identification mark upon any machine
13or other article of merchandise, other than a motor vehicle as
14defined in Section 1-146 of the Illinois Vehicle Code or a
15firearm as defined in the Firearm Owners Identification Card
16Act, with the intent of concealing or destroying the identity
17of such machine or other article of merchandise.
18    (d) Sentence.
19        (1) A violation of subsection (a) of this Section is a
20    Class 4 felony if the value of the appliance or appliances
21    exceeds $1,000 and a Class B misdemeanor if the value of
22    the appliance or appliances is $1,000 or less.
23        (2) A violation of subsection (b) of this Section is a
24    Class A misdemeanor.
25        (3) A violation of subsection (c) of this Section is a
26    Class B misdemeanor.

 

 

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1    (e) No liability shall be imposed upon any person for the
2unintentional failure to comply with subsection (a).
3    (f) Definitions. In this Section:
4    "Commercial context" means a continuing business
5enterprise conducted for profit by any person whose primary
6business is the wholesale or retail marketing of household
7appliances, or a significant portion of whose business or
8inventory consists of household appliances kept or sold on a
9wholesale or retail basis.
10    "Household appliance" means any gas or electric device or
11machine marketed for use as home entertainment or for
12facilitating or expediting household tasks or chores. The term
13shall include but not necessarily be limited to refrigerators,
14freezers, ranges, radios, television sets, vacuum cleaners,
15toasters, dishwashers, and other similar household items.
16    "Manufacturer's identification number" means any serial
17number or other similar numerical or alphabetical designation
18imprinted upon or attached to or placed, stamped, or otherwise
19imprinted upon or attached to a household appliance or item by
20the manufacturer for purposes of identifying a particular
21appliance or item individually or by lot number.
22(Source: P.A. 96-1551, eff. 7-1-11.)
 
23    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
24    Sec. 24-1. Unlawful use of weapons.
25    (a) A person commits the offense of unlawful use of

 

 

HB1134- 194 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 195 -LRB103 05118 RLC 50132 b

1        (4) Carries or possesses in any vehicle or concealed
2    on or about his person except when on his land or in his
3    own abode, legal dwelling, or fixed place of business, or
4    on the land or in the legal dwelling of another person as
5    an invitee with that person's permission, any pistol,
6    revolver, stun gun or taser or other firearm, except that
7    this subsection (a) (4) does not apply to or affect
8    transportation of weapons that meet one of the following
9    conditions:
10            (i) are broken down in a non-functioning state; or
11            (ii) are not immediately accessible; or
12            (iii) are unloaded and enclosed in a case, firearm
13        carrying box, shipping box, or other container by a
14        person eligible under State and federal law to possess
15        a firearm who has been issued a currently valid
16        Firearm Owner's Identification Card; or
17            (iv) are carried or possessed in accordance with
18        the Firearm Concealed Carry Act by a person who has
19        been issued a currently valid license under the
20        Firearm Concealed Carry Act; or
21        (5) Sets a spring gun; or
22        (6) Possesses any device or attachment of any kind
23    designed, used or intended for use in silencing the report
24    of any firearm; or
25        (7) Sells, manufactures, purchases, possesses or
26    carries:

 

 

HB1134- 196 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 197 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 198 -LRB103 05118 RLC 50132 b

1    not apply to or affect transportation of weapons that meet
2    one of the following conditions:
3            (i) are broken down in a non-functioning state; or
4            (ii) are not immediately accessible; or
5            (iii) are unloaded and enclosed in a case, firearm
6        carrying box, shipping box, or other container by a
7        person eligible under State and federal law to possess
8        a firearm who has been issued a currently valid
9        Firearm Owner's Identification Card; or
10            (iv) are carried or possessed in accordance with
11        the Firearm Concealed Carry Act by a person who has
12        been issued a currently valid license under the
13        Firearm Concealed Carry Act.
14        A "stun gun or taser", as used in this paragraph (a)
15    means (i) any device which is powered by electrical
16    charging units, such as, batteries, and which fires one or
17    several barbs attached to a length of wire and which, upon
18    hitting a human, can send out a current capable of
19    disrupting the person's nervous system in such a manner as
20    to render him incapable of normal functioning or (ii) any
21    device which is powered by electrical charging units, such
22    as batteries, and which, upon contact with a human or
23    clothing worn by a human, can send out current capable of
24    disrupting the person's nervous system in such a manner as
25    to render him incapable of normal functioning; or
26        (11) Sells, manufactures, or purchases any explosive

 

 

HB1134- 199 -LRB103 05118 RLC 50132 b

1    bullet. For purposes of this paragraph (a) "explosive
2    bullet" means the projectile portion of an ammunition
3    cartridge which contains or carries an explosive charge
4    which will explode upon contact with the flesh of a human
5    or an animal. "Cartridge" means a tubular metal case
6    having a projectile affixed at the front thereof and a cap
7    or primer at the rear end thereof, with the propellant
8    contained in such tube between the projectile and the cap;
9    or
10        (12) (Blank); or
11        (13) Carries or possesses on or about his or her
12    person while in a building occupied by a unit of
13    government, a billy club, other weapon of like character,
14    or other instrument of like character intended for use as
15    a weapon. For the purposes of this Section, "billy club"
16    means a short stick or club commonly carried by police
17    officers which is either telescopic or constructed of a
18    solid piece of wood or other man-made material.
19    (b) Sentence. A person convicted of a violation of
20subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22Class A misdemeanor. A person convicted of a violation of
23subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
24a person convicted of a violation of subsection 24-1(a)(6) or
2524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
26convicted of a violation of subsection 24-1(a)(7)(i) commits a

 

 

HB1134- 200 -LRB103 05118 RLC 50132 b

1Class 2 felony and shall be sentenced to a term of imprisonment
2of not less than 3 years and not more than 7 years, unless the
3weapon is possessed in the passenger compartment of a motor
4vehicle as defined in Section 1-146 of the Illinois Vehicle
5Code, or on the person, while the weapon is loaded, in which
6case it shall be a Class X felony. A person convicted of a
7second or subsequent violation of subsection 24-1(a)(4),
824-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
9felony. A person convicted of a violation of subsection
1024-1(a)(2.5) commits a Class 2 felony. The possession of each
11weapon in violation of this Section constitutes a single and
12separate violation.
13    (c) Violations in specific places.
14        (1) A person who violates subsection 24-1(a)(6) or
15    24-1(a)(7) in any school, regardless of the time of day or
16    the time of year, in residential property owned, operated
17    or managed by a public housing agency or leased by a public
18    housing agency as part of a scattered site or mixed-income
19    development, in a public park, in a courthouse, on the
20    real property comprising any school, regardless of the
21    time of day or the time of year, on residential property
22    owned, operated or managed by a public housing agency or
23    leased by a public housing agency as part of a scattered
24    site or mixed-income development, on the real property
25    comprising any public park, on the real property
26    comprising any courthouse, in any conveyance owned, leased

 

 

HB1134- 201 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 202 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

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

 

 

HB1134- 205 -LRB103 05118 RLC 50132 b

1    Owner's Identification Card previously issued in his or
2    her name by the Illinois State Police or to a person or an
3    entity engaged in the business of selling or manufacturing
4    switchblade knives.
5(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful use or possession of weapons by
8felons or persons in the custody of the Department of
9Corrections facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief under this subsection by the
17Director of the Illinois State Police under Section 10 of the
18Firearm Owners Identification Card Act. A person prohibited
19from possessing a firearm under this subsection (a) may
20petition the Director of the Illinois State Police for a
21hearing and relief from the prohibition, unless the
22prohibition was based upon a forcible felony, stalking,
23aggravated stalking, domestic battery, any violation of the
24Illinois Controlled Substances Act, the Methamphetamine
25Control and Community Protection Act, or the Cannabis Control

 

 

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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 or her reputation are such that the petitioner will
25    not be likely to act in a manner dangerous to public
26    safety;

 

 

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1        (4) granting relief would not be contrary to the
2    public interest; and
3        (5) granting relief would not be contrary to federal
4    law.
5    (b) It is unlawful for any person confined in a penal
6institution, which is a facility of the Illinois Department of
7Corrections, to possess any weapon prohibited under Section
824-1 of this Code or any firearm or firearm ammunition,
9regardless of the intent with which he possesses it.
10    (c) It shall be an affirmative defense to a violation of
11subsection (b), that such possession was specifically
12authorized by rule, regulation, or directive of the Illinois
13Department of Corrections or order issued pursuant thereto.
14    (d) The defense of necessity is not available to a person
15who is charged with a violation of subsection (b) of this
16Section.
17    (e) Sentence. Violation of this Section by a person not
18confined in a penal institution shall be a Class 3 felony for
19which the person shall be sentenced to no less than 2 years and
20no more than 10 years. A second or subsequent violation of this
21Section shall be a Class 2 felony for which the person shall be
22sentenced to a term of imprisonment of not less than 3 years
23and not more than 14 years, except as provided for in Section
245-4.5-110 of the Unified Code of Corrections. Violation of
25this Section by a person not confined in a penal institution
26who has been convicted of a forcible felony, a felony

 

 

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1violation of Article 24 of this Code or of the Firearm Owners
2Identification Card Act, stalking or aggravated stalking, or a
3Class 2 or greater felony under the Illinois Controlled
4Substances Act, the Cannabis Control Act, or the
5Methamphetamine Control and Community Protection Act is a
6Class 2 felony for which the person shall be sentenced to not
7less than 3 years and not more than 14 years, except as
8provided for in Section 5-4.5-110 of the Unified Code of
9Corrections. Violation of this Section by a person who is on
10parole or mandatory supervised release is a Class 2 felony for
11which the person shall be sentenced to not less than 3 years
12and not more than 14 years, except as provided for in Section
135-4.5-110 of the Unified Code of Corrections. Violation of
14this Section by a person not confined in a penal institution is
15a Class X felony when the firearm possessed is a machine gun.
16Any person who violates this Section while confined in a penal
17institution, which is a facility of the Illinois Department of
18Corrections, is guilty of a Class 1 felony, if he possesses any
19weapon prohibited under Section 24-1 of this Code regardless
20of the intent with which he possesses it, a Class X felony if
21he possesses any firearm, firearm ammunition or explosive, and
22a Class X felony for which the offender shall be sentenced to
23not less than 12 years and not more than 50 years when the
24firearm possessed is a machine gun. A violation of this
25Section while wearing or in possession of body armor as
26defined in Section 33F-1 is a Class X felony punishable by a

 

 

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1term of imprisonment of not less than 10 years and not more
2than 40 years. The possession of each firearm or firearm
3ammunition in violation of this Section constitutes a single
4and separate violation.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (720 ILCS 5/24-1.6)
7    Sec. 24-1.6. Aggravated unlawful use of a weapon.
8    (a) A person commits the offense of aggravated unlawful
9use of a weapon when he or she knowingly:
10        (1) Carries on or about his or her person or in any
11    vehicle or concealed on or about his or her person except
12    when on his or her land or in his or her abode, legal
13    dwelling, or fixed place of business, or on the land or in
14    the legal dwelling of another person as an invitee with
15    that person's permission, any pistol, revolver, stun gun
16    or taser or other firearm; or
17        (2) Carries or possesses on or about his or her
18    person, upon any public street, alley, or other public
19    lands within the corporate limits of a city, village or
20    incorporated town, except when an invitee thereon or
21    therein, for the purpose of the display of such weapon or
22    the lawful commerce in weapons, or except when on his or
23    her own land or in his or her own abode, legal dwelling, or
24    fixed place of business, or on the land or in the legal
25    dwelling of another person as an invitee with that

 

 

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1    person's permission, any pistol, revolver, stun gun or
2    taser or other firearm; and
3        (3) One of the following factors is present:
4            (A) the firearm, other than a pistol, revolver, or
5        handgun, possessed was uncased, loaded, and
6        immediately accessible at the time of the offense; or
7            (A-5) the pistol, revolver, or handgun possessed
8        was uncased, loaded, and immediately accessible at the
9        time of the offense and the person possessing the
10        pistol, revolver, or handgun has not been issued a
11        currently valid license under the Firearm Concealed
12        Carry Act; or
13            (B) the firearm, other than a pistol, revolver, or
14        handgun, possessed was uncased, unloaded, and the
15        ammunition for the weapon was immediately accessible
16        at the time of the offense; or
17            (B-5) the pistol, revolver, or handgun possessed
18        was uncased, unloaded, and the ammunition for the
19        weapon was immediately accessible at the time of the
20        offense and the person possessing the pistol,
21        revolver, or handgun has not been issued a currently
22        valid license under the Firearm Concealed Carry Act;
23        or
24            (C) (blank); or the person possessing the firearm
25        has not been issued a currently valid Firearm Owner's
26        Identification Card; or

 

 

HB1134- 211 -LRB103 05118 RLC 50132 b

1            (D) the person possessing the weapon was
2        previously adjudicated a delinquent minor under the
3        Juvenile Court Act of 1987 for an act that if committed
4        by an adult would be a felony; or
5            (E) the person possessing the weapon was engaged
6        in a misdemeanor violation of the Cannabis Control
7        Act, in a misdemeanor violation of the Illinois
8        Controlled Substances Act, or in a misdemeanor
9        violation of the Methamphetamine Control and Community
10        Protection Act; or
11            (F) (blank); or
12            (G) the person possessing the weapon had an order
13        of protection issued against him or her within the
14        previous 2 years; or
15            (H) the person possessing the weapon was engaged
16        in the commission or attempted commission of a
17        misdemeanor involving the use or threat of violence
18        against the person or property of another; or
19            (I) the person possessing the weapon was under 21
20        years of age and in possession of a handgun, unless the
21        person under 21 is engaged in lawful activities under
22        the Wildlife Code or described in subsection
23        24-2(b)(1), (b)(3), or 24-2(f).
24    (a-5) "Handgun" as used in this Section has the meaning
25given to it in Section 5 of the Firearm Concealed Carry Act.
26    (b) "Stun gun or taser" as used in this Section has the

 

 

HB1134- 212 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 213 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 214 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 215 -LRB103 05118 RLC 50132 b

1    ascribed to it in Section 10 of the Illinois Streetgang
2    Terrorism Omnibus Prevention Act.
3(Source: P.A. 96-829, eff. 12-3-09.)
 
4    (720 ILCS 5/24-2)
5    Sec. 24-2. Exemptions.
6    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8the following:
9        (1) Peace officers, and any person summoned by a peace
10    officer to assist in making arrests or preserving the
11    peace, while actually engaged in assisting such officer.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense,
15    while in the performance of their official duty, or while
16    commuting between their homes and places of employment.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard or the
19    Reserve Officers Training Corps, while in the performance
20    of their official duty.
21        (4) Special agents employed by a railroad or a public
22    utility to perform police functions, and guards of armored
23    car companies, while actually engaged in the performance
24    of the duties of their employment or commuting between
25    their homes and places of employment; and watchmen while

 

 

HB1134- 216 -LRB103 05118 RLC 50132 b

1    actually engaged in the performance of the duties of their
2    employment.
3        (5) Persons licensed as private security contractors,
4    private detectives, or private alarm contractors, or
5    employed by a private security contractor, private
6    detective, or private alarm contractor agency licensed by
7    the Department of Financial and Professional Regulation,
8    if their duties include the carrying of a weapon under the
9    provisions of the Private Detective, Private Alarm,
10    Private Security, Fingerprint Vendor, and Locksmith Act of
11    2004, while actually engaged in the performance of the
12    duties of their employment or commuting between their
13    homes and places of employment. A person shall be
14    considered eligible for this exemption if he or she has
15    completed the required 20 hours of training for a private
16    security contractor, private detective, or private alarm
17    contractor, or employee of a licensed private security
18    contractor, private detective, or private alarm contractor
19    agency and 28 hours of required firearm training, and has
20    been issued a firearm control card by the Department of
21    Financial and Professional Regulation. Conditions for the
22    renewal of firearm control cards issued under the
23    provisions of this Section shall be the same as for those
24    cards issued under the provisions of the Private
25    Detective, Private Alarm, Private Security, Fingerprint
26    Vendor, and Locksmith Act of 2004. The firearm control

 

 

HB1134- 217 -LRB103 05118 RLC 50132 b

1    card shall be carried by the private security contractor,
2    private detective, or private alarm contractor, or
3    employee of the licensed private security contractor,
4    private detective, or private alarm contractor agency at
5    all times when he or she is in possession of a concealable
6    weapon permitted by his or her firearm control card.
7        (6) Any person regularly employed in a commercial or
8    industrial operation as a security guard for the
9    protection of persons employed and private property
10    related to such commercial or industrial operation, while
11    actually engaged in the performance of his or her duty or
12    traveling between sites or properties belonging to the
13    employer, and who, as a security guard, is a member of a
14    security force registered with the Department of Financial
15    and Professional Regulation; provided that such security
16    guard has successfully completed a course of study,
17    approved by and supervised by the Department of Financial
18    and Professional Regulation, consisting of not less than
19    48 hours of training that includes the theory of law
20    enforcement, liability for acts, and the handling of
21    weapons. A person shall be considered eligible for this
22    exemption if he or she has completed the required 20 hours
23    of training for a security officer and 28 hours of
24    required firearm training, and has been issued a firearm
25    control card by the Department of Financial and
26    Professional Regulation. Conditions for the renewal of

 

 

HB1134- 218 -LRB103 05118 RLC 50132 b

1    firearm control cards issued under the provisions of this
2    Section shall be the same as for those cards issued under
3    the provisions of the Private Detective, Private Alarm,
4    Private Security, Fingerprint Vendor, and Locksmith Act of
5    2004. The firearm control card shall be carried by the
6    security guard at all times when he or she is in possession
7    of a concealable weapon permitted by his or her firearm
8    control card.
9        (7) Agents and investigators of the Illinois
10    Legislative Investigating Commission authorized by the
11    Commission to carry the weapons specified in subsections
12    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
13    any investigation for the Commission.
14        (8) Persons employed by a financial institution as a
15    security guard for the protection of other employees and
16    property related to such financial institution, while
17    actually engaged in the performance of their duties,
18    commuting between their homes and places of employment, or
19    traveling between sites or properties owned or operated by
20    such financial institution, and who, as a security guard,
21    is a member of a security force registered with the
22    Department; provided that any person so employed has
23    successfully completed a course of study, approved by and
24    supervised by the Department of Financial and Professional
25    Regulation, consisting of not less than 48 hours of
26    training which includes theory of law enforcement,

 

 

HB1134- 219 -LRB103 05118 RLC 50132 b

1    liability for acts, and the handling of weapons. A person
2    shall be considered to be eligible for this exemption if
3    he or she has completed the required 20 hours of training
4    for a security officer and 28 hours of required firearm
5    training, and has been issued a firearm control card by
6    the Department of Financial and Professional Regulation.
7    Conditions for renewal of firearm control cards issued
8    under the provisions of this Section shall be the same as
9    for those issued under the provisions of the Private
10    Detective, Private Alarm, Private Security, Fingerprint
11    Vendor, and Locksmith Act of 2004. The firearm control
12    card shall be carried by the security guard at all times
13    when he or she is in possession of a concealable weapon
14    permitted by his or her firearm control card. For purposes
15    of this subsection, "financial institution" means a bank,
16    savings and loan association, credit union or company
17    providing armored car services.
18        (9) Any person employed by an armored car company to
19    drive an armored car, while actually engaged in the
20    performance of his duties.
21        (10) Persons who have been classified as peace
22    officers pursuant to the Peace Officer Fire Investigation
23    Act.
24        (11) Investigators of the Office of the State's
25    Attorneys Appellate Prosecutor authorized by the board of
26    governors of the Office of the State's Attorneys Appellate

 

 

HB1134- 220 -LRB103 05118 RLC 50132 b

1    Prosecutor to carry weapons pursuant to Section 7.06 of
2    the State's Attorneys Appellate Prosecutor's Act.
3        (12) Special investigators appointed by a State's
4    Attorney under Section 3-9005 of the Counties Code.
5        (12.5) Probation officers while in the performance of
6    their duties, or while commuting between their homes,
7    places of employment or specific locations that are part
8    of their assigned duties, with the consent of the chief
9    judge of the circuit for which they are employed, if they
10    have received weapons training according to requirements
11    of the Peace Officer and Probation Officer Firearm
12    Training Act.
13        (13) Court Security Officers while in the performance
14    of their official duties, or while commuting between their
15    homes and places of employment, with the consent of the
16    Sheriff.
17        (13.5) A person employed as an armed security guard at
18    a nuclear energy, storage, weapons or development site or
19    facility regulated by the Nuclear Regulatory Commission
20    who has completed the background screening and training
21    mandated by the rules and regulations of the Nuclear
22    Regulatory Commission.
23        (14) Manufacture, transportation, or sale of weapons
24    to persons authorized under subdivisions (1) through
25    (13.5) of this subsection to possess those weapons.
26    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

 

 

HB1134- 221 -LRB103 05118 RLC 50132 b

1to or affect any person carrying a concealed pistol, revolver,
2or handgun and the person has been issued a currently valid
3license under the Firearm Concealed Carry Act at the time of
4the commission of the offense.
5    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect a qualified current or retired law enforcement
7officer or a current or retired deputy, county correctional
8officer, or correctional officer of the Department of
9Corrections qualified under the laws of this State or under
10the federal Law Enforcement Officers Safety Act.
11    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any of the following:
13        (1) Members of any club or organization organized for
14    the purpose of practicing shooting at targets upon
15    established target ranges, whether public or private, and
16    patrons of such ranges, while such members or patrons are
17    using their firearms on those target ranges.
18        (2) Duly authorized military or civil organizations
19    while parading, with the special permission of the
20    Governor.
21        (3) Hunters, trappers, or fishermen while engaged in
22    lawful hunting, trapping, or fishing under the provisions
23    of the Wildlife Code or the Fish and Aquatic Life Code.
24        (4) Transportation of weapons that are broken down in
25    a non-functioning state or are not immediately accessible.
26        (5) Carrying or possessing any pistol, revolver, stun

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1devices, firearms, or ammunition. This exemption does not
2authorize the general private possession of any device or
3attachment of any kind designed, used, or intended for use in
4silencing the report of any firearm, but only such possession
5and activities as are within the lawful scope of a licensed
6manufacturing business described in this subsection (g-5).
7During transportation, these devices shall be detached from
8any weapon or not immediately accessible.
9    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1024-1.6 do not apply to or affect any parole agent or parole
11supervisor who meets the qualifications and conditions
12prescribed in Section 3-14-1.5 of the Unified Code of
13Corrections.
14    (g-7) Subsection 24-1(a)(6) does not apply to a peace
15officer while serving as a member of a tactical response team
16or special operations team. A peace officer may not personally
17own or apply for ownership of a device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm. These devices shall be owned and
20maintained by lawfully recognized units of government whose
21duties include the investigation of criminal acts.
22    (g-10) (Blank).
23    (h) An information or indictment based upon a violation of
24any subsection of this Article need not negative any
25exemptions contained in this Article. The defendant shall have
26the burden of proving such an exemption.

 

 

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1    (i) Nothing in this Article shall prohibit, apply to, or
2affect the transportation, carrying, or possession, of any
3pistol or revolver, stun gun, taser, or other firearm
4consigned to a common carrier operating under license of the
5State of Illinois or the federal government, where such
6transportation, carrying, or possession is incident to the
7lawful transportation in which such common carrier is engaged;
8and nothing in this Article shall prohibit, apply to, or
9affect the transportation, carrying, or possession of any
10pistol, revolver, stun gun, taser, or other firearm, not the
11subject of and regulated by subsection 24-1(a)(7) or
12subsection 24-2(c) of this Article, which is unloaded and
13enclosed in a case, firearm carrying box, shipping box, or
14other container, by a person eligible under State and federal
15law to possess a firearm the possessor of a valid Firearm
16Owners Identification Card.
17(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
18102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
1912-14-22.)
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms.
22    (A) A person commits the offense of unlawful sale or
23delivery of firearms when he or she knowingly does any of the
24following:
25        (a) Sells or gives any firearm of a size which may be

 

 

HB1134- 228 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

HB1134- 230 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 231 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 232 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 233 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 234 -LRB103 05118 RLC 50132 b

178-355 (approved August 21, 1973, effective October 1, 1973),
2nor is any firearm legally owned or possessed by any citizen or
3purchased by any citizen within 6 months after the enactment
4of Public Act 78-355 subject to confiscation or seizure under
5the provisions of that Public Act. Nothing in Public Act
678-355 shall be construed to prohibit the gift or trade of any
7firearm if that firearm was legally held or acquired within 6
8months after the enactment of that Public Act.
9    (C) Sentence.
10        (1) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (c), (e), (f), (g),
12    or (h) of subsection (A) commits a Class 4 felony.
13        (2) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (b) or (i) of
15    subsection (A) commits a Class 3 felony.
16        (3) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (a) of subsection
18    (A) commits a Class 2 felony.
19        (4) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (a), (b), or (i) of
21    subsection (A) in any school, on the real property
22    comprising a school, within 1,000 feet of the real
23    property comprising a school, at a school related
24    activity, or on or within 1,000 feet of any conveyance
25    owned, leased, or contracted by a school or school
26    district to transport students to or from school or a

 

 

HB1134- 235 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 236 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 237 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 238 -LRB103 05118 RLC 50132 b

1    shall be sentenced to a term of imprisonment of not less
2    than 6 years and not more than 50 years if the delivery is
3    of not less than 21 and not more than 30 firearms at the
4    same time or within a 4-year period. Any person convicted
5    of unlawful sale or delivery of firearms in violation of
6    paragraph (l) of subsection (A) commits a Class X felony
7    for which he or she shall be sentenced to a term of
8    imprisonment of not less than 6 years and not more than 60
9    years if the delivery is of 31 or more firearms at the same
10    time or within a 5-year period.
11    (D) For purposes of this Section:
12    "School" means a public or private elementary or secondary
13school, community college, college, or university.
14    "School related activity" means any sporting, social,
15academic, or other activity for which students' attendance or
16participation is sponsored, organized, or funded in whole or
17in part by a school or school district.
18    (E) A prosecution for a violation of paragraph (k) of
19subsection (A) of this Section may be commenced within 6 years
20after the commission of the offense. A prosecution for a
21violation of this Section other than paragraph (g) of
22subsection (A) of this Section may be commenced within 5 years
23after the commission of the offense defined in the particular
24paragraph.
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26102-813, eff. 5-13-22.)
 

 

 

HB1134- 239 -LRB103 05118 RLC 50132 b

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

 

 

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1        a mental institution for mental health treatment,
2        unless the treatment was voluntary and solely for an
3        alcohol abuse disorder and no other secondary
4        substance abuse disorder or mental illness; or
5        (5) He is a person with an intellectual disability and
6    has any firearms or firearm ammunition in his possession;
7    or
8        (6) He has in his possession any explosive bullet.
9    For purposes of this paragraph "explosive bullet" means
10the projectile portion of an ammunition cartridge which
11contains or carries an explosive charge which will explode
12upon contact with the flesh of a human or an animal.
13"Cartridge" means a tubular metal case having a projectile
14affixed at the front thereof and a cap or primer at the rear
15end thereof, with the propellant contained in such tube
16between the projectile and the cap.
17    (a-5) A person prohibited from possessing a firearm under
18this Section may petition the Director of the Illinois State
19Police for a hearing and relief from the prohibition, unless
20the prohibition was based upon a forcible felony, stalking,
21aggravated stalking, domestic battery, any violation of the
22Illinois Controlled Substances Act, the Methamphetamine
23Control and Community Protection Act, or the Cannabis Control
24Act that is classified as a Class 2 or greater felony, any
25felony violation of Article 24 of the Criminal Code of 1961 or
26the Criminal Code of 2012, or any adjudication as a delinquent

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Liquor Control Commission or local liquor control commissioner
2under the Liquor Control Act of 1934 or an agent or employee of
3the licensee to sell or deliver to any other person a firearm
4in or on the real property of the establishment where the
5licensee is licensed to sell alcoholic liquors unless the sale
6or delivery of the firearm is otherwise lawful under this
7Article and under the Firearm Owners Identification Card Act.
8    (b) Sentence. A violation of subsection (a) of this
9Section is a Class 4 felony.
10(Source: P.A. 87-591.)
 
11    (720 ILCS 5/24-3.5)
12    Sec. 24-3.5. Unlawful purchase of a firearm.
13    (a) For purposes of this Section, "firearms transaction
14record form" means a form:
15        (1) executed by a transferee of a firearm stating: (i)
16    the transferee's name and address (including county or
17    similar political subdivision); (ii) whether the
18    transferee is a citizen of the United States; (iii) the
19    transferee's State of residence; and (iv) the date and
20    place of birth, height, weight, and race of the
21    transferee; and
22        (2) on which the transferee certifies that he or she
23    is not prohibited by federal law from transporting or
24    shipping a firearm in interstate or foreign commerce or
25    receiving a firearm that has been shipped or transported

 

 

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

 

 

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

 

 

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

 

 

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1    transfer of a firearm or firearm ammunition in this State
2    or another jurisdiction is a Class X felony.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (720 ILCS 5/24-4.1)
5    Sec. 24-4.1. Report of lost or stolen firearms.
6    (a) If a person who possesses a valid Firearm Owner's
7Identification Card and who possesses or acquires a firearm
8thereafter loses the firearm, or if the firearm is stolen from
9the person, the person must report the loss or theft to the
10local law enforcement agency within 72 hours after obtaining
11knowledge of the loss or theft.
12    (b) A law enforcement agency having jurisdiction shall
13take a written report and shall, as soon as practical, enter
14the firearm's serial number as stolen into the Law Enforcement
15Agencies Data System (LEADS).
16    (c) A person shall not be in violation of this Section if:
17        (1) the failure to report is due to an act of God, act
18    of war, or inability of a law enforcement agency to
19    receive the report;
20        (2) the person is hospitalized, in a coma, or is
21    otherwise seriously physically or mentally impaired as to
22    prevent the person from reporting; or
23        (3) the person's designee makes a report if the person
24    is unable to make the report.
25    (d) Sentence. A person who violates this Section is guilty

 

 

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

 

 

HB1134- 251 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 252 -LRB103 05118 RLC 50132 b

1description of any person prohibited from possessing a firearm
2under this Code or 18 U.S.C. 922(g) and (n) to the National
3Instant Criminal Background Check System Index, Denied Persons
4Files.
5    (f) The Illinois State Police shall adopt rules not
6inconsistent with this Section to implement this system.
 
7    (720 ILCS 5/24-5.1)
8    Sec. 24-5.1. Serialization of unfinished frames or
9receivers; prohibition on unserialized firearms; exceptions;
10penalties.
11    (a) In this Section:
12    "Bona fide supplier" means an established business entity
13engaged in the development and sale of firearms parts to one or
14more federal firearms manufacturers or federal firearms
15importers.
16    "Federal firearms dealer" means a licensed manufacturer
17pursuant to 18 U.S.C. 921(a)(11).
18    "Federal firearms importer" means a licensed importer
19pursuant to 18 U.S.C. 921(a)(9).
20    "Federal firearms manufacturer" means a licensed
21manufacturer pursuant to 18 U.S.C. 921(a)(10).
22    "Frame or receiver" means a part of a firearm that, when
23the complete weapon is assembled, is visible from the exterior
24and provides housing or a structure designed to hold or
25integrate one or more fire control components, even if pins or

 

 

HB1134- 253 -LRB103 05118 RLC 50132 b

1other attachments are required to connect those components to
2the housing or structure. For models of firearms in which
3multiple parts provide such housing or structure, the part or
4parts that the Director of the federal Bureau of Alcohol,
5Tobacco, Firearms and Explosives has determined are a frame or
6receiver constitute the frame or receiver. For purposes of
7this definition, "fire control component" means a component
8necessary for the firearm to initiate, complete, or continue
9the firing sequence, including any of the following: hammer,
10bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
11firing pin, striker, or slide rails.
12    "Security exemplar" means an object to be fabricated at
13the direction of the United States Attorney General that is
14(1) constructed of 3.7 ounces of material type 17-4 PH
15stainless steel in a shape resembling a handgun and (2)
16suitable for testing and calibrating metal detectors.
17    "Three-dimensional printer" means a computer or
18computer-drive machine capable of producing a
19three-dimensional object from a digital model.
20    "Undetectable firearm" means (1) a firearm constructed
21entirely of non-metal substances; (2) a firearm that, after
22removal of all parts but the major components of the firearm,
23is not detectable by walk-through metal detectors calibrated
24and operated to detect the security exemplar; or (3) a firearm
25that includes a major component of a firearm, which, if
26subject to the types of detection devices commonly used at

 

 

HB1134- 254 -LRB103 05118 RLC 50132 b

1airports for security screening, would not generate an image
2that accurately depicts the shape of the component.
3"Undetectable firearm" does not include a firearm subject to
4the provisions of 18 U.S.C. 922(p)(3) through (6).
5    "Unfinished frame or receiver" means any forging, casting,
6printing, extrusion, machined body, or similar article that:
7        (1) has reached a stage in manufacture where it may
8    readily be completed, assembled, or converted to be a
9    functional firearm; or
10        (2) is marketed or sold to the public to become or be
11    used as the frame or receiver of a functional firearm once
12    completed, assembled, or converted.
13    "Unserialized" means lacking a serial number imprinted by:
14        (1) a federal firearms manufacturer, federal firearms
15    importer, federal firearms dealer, or other federal
16    licensee authorized to provide marking services, pursuant
17    to a requirement under federal law; or
18        (2) a federal firearms dealer or other federal
19    licensee authorized to provide marking services pursuant
20    to subsection (f) of this Section.
21    (b) It is unlawful for any person to knowingly sell, offer
22to sell, or transfer an unserialized unfinished frame or
23receiver or unserialized firearm, including those produced
24using a three-dimensional printer, unless the party purchasing
25or receiving the unfinished frame or receiver or unserialized
26firearm is a federal firearms importer, federal firearms

 

 

HB1134- 255 -LRB103 05118 RLC 50132 b

1manufacturer, or federal firearms dealer.
2    (c) Beginning 180 days after the effective date of this
3amendatory Act of the 102nd General Assembly, it is unlawful
4for any person to knowingly possess, transport, or receive an
5unfinished frame or receiver, unless:
6        (1) the party possessing or receiving the unfinished
7    frame or receiver is a federal firearms importer or
8    federal firearms manufacturer;
9        (2) the unfinished frame or receiver is possessed or
10    transported by a person for transfer to a federal firearms
11    importer or federal firearms manufacturer; or
12        (3) the unfinished frame or receiver has been
13    imprinted with a serial number issued by a federal
14    firearms importer or federal firearms manufacturer in
15    compliance with subsection (f) of this Section.
16    (d) Beginning 180 days after the effective date of this
17amendatory Act of the 102nd General Assembly, unless the party
18receiving the firearm is a federal firearms importer or
19federal firearms manufacturer, it is unlawful for any person
20to knowingly possess, purchase, transport, or receive a
21firearm that is not imprinted with a serial number by (1) a
22federal firearms importer or federal firearms manufacturer in
23compliance with all federal laws and regulations regulating
24the manufacture and import of firearms or (2) a federal
25firearms manufacturer, federal firearms dealer, or other
26federal licensee authorized to provide marking services in

 

 

HB1134- 256 -LRB103 05118 RLC 50132 b

1compliance with the unserialized firearm serialization process
2under subsection (f) of this Section.
3    (e) Any firearm or unfinished frame or receiver
4manufactured using a three-dimensional printer must also be
5serialized in accordance with the requirements of subsection
6(f) within 30 days after the effective date of this amendatory
7Act of the 102nd General Assembly, or prior to reaching a stage
8of manufacture where it may be readily completed, assembled,
9or converted to be a functional firearm.
10    (f) Unserialized unfinished frames or receivers and
11unserialized firearms serialized pursuant to this Section
12shall be serialized in compliance with all of the following:
13        (1) An unserialized unfinished frame or receiver and
14    unserialized firearm shall be serialized by a federally
15    licensed firearms dealer or other federal licensee
16    authorized to provide marking services with the licensee's
17    abbreviated federal firearms license number as a prefix
18    (which is the first 3 and last 5 digits) followed by a
19    hyphen, and then followed by a number as a suffix, such as
20    12345678-(number). The serial number or numbers must be
21    placed in a manner that accords with the requirements
22    under federal law for affixing serial numbers to firearms,
23    including the requirements that the serial number or
24    numbers be at the minimum size and depth, and not
25    susceptible to being readily obliterated, altered, or
26    removed, and the licensee must retain records that accord

 

 

HB1134- 257 -LRB103 05118 RLC 50132 b

1    with the requirements under federal law in the case of the
2    sale of a firearm. The imprinting of any serial number
3    upon a undetectable firearm must be done on a steel plaque
4    in compliance with 18 U.S.C. 922(p).
5        (2) Every federally licensed firearms dealer or other
6    federal licensee that engraves, casts, stamps, or
7    otherwise conspicuously and permanently places a unique
8    serial number pursuant to this Section shall maintain a
9    record of such indefinitely. Licensees subject to the
10    Firearm Dealer License Certification Act shall make all
11    records accessible for inspection upon the request of the
12    Illinois State Police or a law enforcement agency in
13    accordance with Section 5-35 of the Firearm Dealer License
14    Certification Act.
15        (3) Every federally licensed firearms dealer or other
16    federal licensee that engraves, casts, stamps, or
17    otherwise conspicuously and permanently places a unique
18    serial number pursuant to this Section shall record it at
19    the time of every transaction involving the transfer of a
20    firearm, rifle, shotgun, finished frame or receiver, or
21    unfinished frame or receiver that has been so marked in
22    compliance with the federal guidelines set forth in 27 CFR
23    478.124.
24        (4) (Blank). Every federally licensed firearms dealer
25    or other federal licensee that engraves, casts, stamps, or
26    otherwise conspicuously and permanently places a unique

 

 

HB1134- 258 -LRB103 05118 RLC 50132 b

1    serial number pursuant to this Section shall review and
2    confirm the validity of the owner's Firearm Owner's
3    Identification Card issued under the Firearm Owners
4    Identification Card Act prior to returning the firearm to
5    the owner.
6    (g) Within 30 days after the effective date of this
7amendatory Act of the 102nd General Assembly, the Director of
8the Illinois State Police shall issue a public notice
9regarding the provisions of this Section. The notice shall
10include posting on the Illinois State Police website and may
11include written notification or any other means of
12communication statewide to all Illinois-based federal firearms
13manufacturers, federal firearms dealers, or other federal
14licensees authorized to provide marking services in compliance
15with the serialization process in subsection (f) in order to
16educate the public.
17    (h) Exceptions. This Section does not apply to an
18unserialized unfinished frame or receiver or an unserialized
19firearm that:
20        (1) has been rendered permanently inoperable;
21        (2) is an antique firearm, as defined in 18 U.S.C.
22    921(a)(16);
23        (3) was manufactured prior to October 22, 1968;
24        (4) is an unfinished frame or receiver and is
25    possessed by a bona fide supplier exclusively for transfer
26    to a federal firearms manufacturer or federal firearms

 

 

HB1134- 259 -LRB103 05118 RLC 50132 b

1    importer, or is possessed by a federal firearms
2    manufacturer or federal firearms importer in compliance
3    with all federal laws and regulations regulating the
4    manufacture and import of firearms; except this exemption
5    does not apply if an unfinished frame or receiver is
6    possessed for transfer or is transferred to a person other
7    than a federal firearms manufacturer or federal firearms
8    importer; or
9        (5) is possessed by a person who received the
10    unserialized unfinished frame or receiver or unserialized
11    firearm through inheritance, and is not otherwise
12    prohibited from possessing the unserialized unfinished
13    frame or receiver or unserialized firearm, for a period
14    not exceeding 30 days after inheriting the unserialized
15    unfinished frame or receiver or unserialized firearm.
16    (i) Penalties.
17        (1) A person who violates subsection (c) or (d) is
18    guilty of a Class A misdemeanor for a first violation and
19    is guilty of a Class 3 felony for a second or subsequent
20    violation.
21        (2) A person who violates subsection (b) is guilty of
22    a Class 4 felony for a first violation and is guilty of a
23    Class 2 felony for a second or subsequent violation.
24(Source: P.A. 102-889, eff. 5-18-22.)
 
25    (720 ILCS 5/24-9)

 

 

HB1134- 260 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 261 -LRB103 05118 RLC 50132 b

1    14 because of an unlawful entry of the premises by the
2    minor or another person.
3    (d) For the purposes of this Section, "firearm" has the
4meaning ascribed to it in Section 2-7.5 1.1 of the Firearm
5Owners Identification Card Act.
6(Source: P.A. 91-18, eff. 1-1-00.)
 
7    Section 85. The Methamphetamine Control and Community
8Protection Act is amended by changing Section 10 as follows:
 
9    (720 ILCS 646/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Anhydrous ammonia" has the meaning provided in subsection
12(d) of Section 3 of the Illinois Fertilizer Act of 1961.
13    "Anhydrous ammonia equipment" means all items used to
14store, hold, contain, handle, transfer, transport, or apply
15anhydrous ammonia for lawful purposes.
16    "Booby trap" means any device designed to cause physical
17injury when triggered by an act of a person approaching,
18entering, or moving through a structure, a vehicle, or any
19location where methamphetamine has been manufactured, is being
20manufactured, or is intended to be manufactured.
21    "Deliver" or "delivery" has the meaning provided in
22subsection (h) of Section 102 of the Illinois Controlled
23Substances Act.
24    "Director" means the Director of the Illinois State Police

 

 

HB1134- 262 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 263 -LRB103 05118 RLC 50132 b

1convert, process, synthesize, concentrate, purify, separate,
2extract, or package any methamphetamine, methamphetamine
3precursor, methamphetamine manufacturing catalyst,
4methamphetamine manufacturing reagent, methamphetamine
5manufacturing solvent, or any substance containing any of the
6foregoing.
7    "Methamphetamine" means the chemical methamphetamine (a
8Schedule II controlled substance under the Illinois Controlled
9Substances Act) or any salt, optical isomer, salt of optical
10isomer, or analog thereof, with the exception of
113,4-Methylenedioxymethamphetamine (MDMA) or any other
12scheduled substance with a separate listing under the Illinois
13Controlled Substances Act.
14    "Methamphetamine manufacturing catalyst" means any
15substance that has been used, is being used, or is intended to
16be used to activate, accelerate, extend, or improve a chemical
17reaction involved in the manufacture of methamphetamine.
18    "Methamphetamine manufacturing environment" means a
19structure or vehicle in which:
20        (1) methamphetamine is being or has been manufactured;
21        (2) chemicals that are being used, have been used, or
22    are intended to be used to manufacture methamphetamine are
23    stored;
24        (3) methamphetamine manufacturing materials that have
25    been used to manufacture methamphetamine are stored; or
26        (4) methamphetamine manufacturing waste is stored.

 

 

HB1134- 264 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 265 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 266 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 267 -LRB103 05118 RLC 50132 b

1anhydrous ammonia is used solely as a refrigerant, anhydrous
2ammonia transportation pipelines, anhydrous ammonia tankers,
3or anhydrous ammonia barges.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    Section 90. The Code of Criminal Procedure of 1963 is
6amended by changing Sections 102-7.1, 110-10, 112A-5.5,
7112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as
8follows:
 
9    (725 ILCS 5/102-7.1)
10    (Text of Section before amendment by P.A. 102-982)
11    Sec. 102-7.1. "Category A offense". "Category A offense"
12means a Class 1 felony, Class 2 felony, Class X felony, first
13degree murder, a violation of Section 11-204 of the Illinois
14Vehicle Code, a second or subsequent violation of Section
1511-501 of the Illinois Vehicle Code, a violation of subsection
16(d) of Section 11-501 of the Illinois Vehicle Code, a
17violation of Section 11-401 of the Illinois Vehicle Code if
18the accident results in injury and the person failed to report
19the accident within 30 minutes, a violation of Section 9-3,
209-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
2111-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
2212-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
2324-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
24second or subsequent violation of 12-3.2 or 12-3.4 of the

 

 

HB1134- 268 -LRB103 05118 RLC 50132 b

1Criminal Code of 2012, a violation of paragraph (5) or (6) of
2subsection (b) of Section 10-9 of the Criminal Code of 2012, a
3violation of subsection (b) or (c) or paragraph (1) or (2) of
4subsection (a) of Section 11-1.50 of the Criminal Code of
52012, a violation of Section 12-7 of the Criminal Code of 2012
6if the defendant inflicts bodily harm on the victim to obtain a
7confession, statement, or information, a violation of Section
812-7.5 of the Criminal Code of 2012 if the action results in
9bodily harm, a violation of paragraph (3) of subsection (b) of
10Section 17-2 of the Criminal Code of 2012, a violation of
11subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
122012, a violation of paragraph (6) of subsection (a) of
13Section 24-1 of the Criminal Code of 2012, a first violation of
14Section 24-1.6 of the Criminal Code of 2012 by a person 18
15years of age or older where the factors listed in both items
16(A) and (C) or both items (A-5) and (C) of paragraph (3) of
17subsection (a) of Section 24-1.6 of the Criminal Code of 2012
18are present, a Class 3 felony violation of paragraph (1) of
19subsection (a) of Section 2 of the Firearm Owners
20Identification Card Act committed before the effective date of
21this amendatory Act of the 103rd General Assembly, or a
22violation of Section 10 of the Sex Offender Registration Act.
23(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
24    (Text of Section after amendment by P.A. 102-982)
25    Sec. 102-7.1. "Category A offense". "Category A offense"

 

 

HB1134- 269 -LRB103 05118 RLC 50132 b

1means a Class 1 felony, Class 2 felony, Class X felony, first
2degree murder, a violation of Section 11-204 of the Illinois
3Vehicle Code, a second or subsequent violation of Section
411-501 of the Illinois Vehicle Code, a violation of subsection
5(d) of Section 11-501 of the Illinois Vehicle Code, a
6violation of Section 11-401 of the Illinois Vehicle Code if
7the crash results in injury and the person failed to report the
8crash within 30 minutes, a violation of Section 9-3, 9-3.4,
910-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1012-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1112-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1225-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
13subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
14of 2012, a violation of paragraph (5) or (6) of subsection (b)
15of Section 10-9 of the Criminal Code of 2012, a violation of
16subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
17of Section 11-1.50 of the Criminal Code of 2012, a violation of
18Section 12-7 of the Criminal Code of 2012 if the defendant
19inflicts bodily harm on the victim to obtain a confession,
20statement, or information, a violation of Section 12-7.5 of
21the Criminal Code of 2012 if the action results in bodily harm,
22a violation of paragraph (3) of subsection (b) of Section 17-2
23of the Criminal Code of 2012, a violation of subdivision
24(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
25violation of paragraph (6) of subsection (a) of Section 24-1
26of the Criminal Code of 2012, a first violation of Section

 

 

HB1134- 270 -LRB103 05118 RLC 50132 b

124-1.6 of the Criminal Code of 2012 by a person 18 years of age
2or older where the factors listed in both items (A) and (C) or
3both items (A-5) and (C) of paragraph (3) of subsection (a) of
4Section 24-1.6 of the Criminal Code of 2012 are present, a
5Class 3 felony violation of paragraph (1) of subsection (a) of
6Section 2 of the Firearm Owners Identification Card Act
7committed before the effective date of this amendatory Act of
8the 103rd General Assembly, or a violation of Section 10 of the
9Sex Offender Registration Act.
10(Source: P.A. 102-982, eff. 7-1-23.)
 
11    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
12    Sec. 110-10. Conditions of pretrial release.
13    (a) If a person is released prior to conviction, the
14conditions of pretrial release shall be that he or she will:
15        (1) Appear to answer the charge in the court having
16    jurisdiction on a day certain and thereafter as ordered by
17    the court until discharged or final order of the court;
18        (2) Submit himself or herself to the orders and
19    process of the court;
20        (3) (Blank);
21        (4) Not violate any criminal statute of any
22    jurisdiction;
23        (5) At a time and place designated by the court,
24    surrender all firearms in his or her possession to a law
25    enforcement officer designated by the court to take

 

 

HB1134- 271 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 272 -LRB103 05118 RLC 50132 b

1    by a school to transport students to or from school or a
2    school-related activity, or on any public way within 1,000
3    feet of real property comprising any school.
4    Psychological evaluations ordered pursuant to this Section
5shall be completed promptly and made available to the State,
6the defendant, and the court. As a further condition of
7pretrial release under these circumstances, the court shall
8order the defendant to refrain from entering upon the property
9of the school, including any conveyance owned, leased, or
10contracted by a school to transport students to or from school
11or a school-related activity, or on any public way within
121,000 feet of real property comprising any school. Upon
13receipt of the psychological evaluation, either the State or
14the defendant may request a change in the conditions of
15pretrial release, pursuant to Section 110-6 of this Code. The
16court may change the conditions of pretrial release to include
17a requirement that the defendant follow the recommendations of
18the psychological evaluation, including undergoing psychiatric
19treatment. The conclusions of the psychological evaluation and
20any statements elicited from the defendant during its
21administration are not admissible as evidence of guilt during
22the course of any trial on the charged offense, unless the
23defendant places his or her mental competency in issue.
24    (b) Additional conditions of release shall be set only
25when it is determined that they are necessary to ensure the
26defendant's appearance in court, ensure the defendant does not

 

 

HB1134- 273 -LRB103 05118 RLC 50132 b

1commit any criminal offense, ensure the defendant complies
2with all conditions of pretrial release, prevent the
3defendant's unlawful interference with the orderly
4administration of justice, or ensure compliance with the rules
5and procedures of problem solving courts. However, conditions
6shall include the least restrictive means and be
7individualized. Conditions shall not mandate rehabilitative
8services unless directly tied to the risk of pretrial
9misconduct. Conditions of supervision shall not include
10punitive measures such as community service work or
11restitution. Conditions may include the following:
12        (0.05) Not depart this State without leave of the
13    court;
14        (1) Report to or appear in person before such person
15    or agency as the court may direct;
16        (2) Refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) Refrain from approaching or communicating with
19    particular persons or classes of persons;
20        (4) Refrain from going to certain described geographic
21    areas or premises;
22        (5) Be placed under direct supervision of the Pretrial
23    Services Agency, Probation Department or Court Services
24    Department in a pretrial home supervision capacity with or
25    without the use of an approved electronic monitoring
26    device subject to Article 8A of Chapter V of the Unified

 

 

HB1134- 274 -LRB103 05118 RLC 50132 b

1    Code of Corrections;
2        (6) For persons charged with violating Section 11-501
3    of the Illinois Vehicle Code, refrain from operating a
4    motor vehicle not equipped with an ignition interlock
5    device, as defined in Section 1-129.1 of the Illinois
6    Vehicle Code, pursuant to the rules promulgated by the
7    Secretary of State for the installation of ignition
8    interlock devices. Under this condition the court may
9    allow a defendant who is not self-employed to operate a
10    vehicle owned by the defendant's employer that is not
11    equipped with an ignition interlock device in the course
12    and scope of the defendant's employment;
13        (7) Comply with the terms and conditions of an order
14    of protection issued by the court under the Illinois
15    Domestic Violence Act of 1986 or an order of protection
16    issued by the court of another state, tribe, or United
17    States territory;
18        (8) Sign a written admonishment requiring that he or
19    she comply with the provisions of Section 110-12 regarding
20    any change in his or her address. The defendant's address
21    shall at all times remain a matter of record with the clerk
22    of the court; and
23        (9) Such other reasonable conditions as the court may
24    impose, so long as these conditions are the least
25    restrictive means to achieve the goals listed in
26    subsection (b), are individualized, and are in accordance

 

 

HB1134- 275 -LRB103 05118 RLC 50132 b

1    with national best practices as detailed in the Pretrial
2    Supervision Standards of the Supreme Court.
3    The defendant shall receive verbal and written
4notification of conditions of pretrial release and future
5court dates, including the date, time, and location of court.
6    (c) When a person is charged with an offense under Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, involving a victim who is a minor under
1018 years of age living in the same household with the defendant
11at the time of the offense, in releasing the defendant, the
12judge shall impose conditions to restrict the defendant's
13access to the victim which may include, but are not limited to
14conditions that he will:
15        1. Vacate the household.
16        2. Make payment of temporary support to his
17    dependents.
18        3. Refrain from contact or communication with the
19    child victim, except as ordered by the court.
20    (d) When a person is charged with a criminal offense and
21the victim is a family or household member as defined in
22Article 112A, conditions shall be imposed at the time of the
23defendant's release that restrict the defendant's access to
24the victim. Unless provided otherwise by the court, the
25restrictions shall include requirements that the defendant do
26the following:

 

 

HB1134- 276 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 277 -LRB103 05118 RLC 50132 b

1    officer from whose custody he was released.
2    (g) Upon a finding of guilty for any felony offense, the
3defendant shall physically surrender, at a time and place
4designated by the court, any and all firearms in his or her
5possession and his or her Firearm Owner's Identification Card
6as a condition of being released pending sentencing.
7(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
8102-1104, eff. 1-1-23.)
 
9    (725 ILCS 5/112A-5.5)
10    Sec. 112A-5.5. Time for filing petition; service on
11respondent, hearing on petition, and default orders.
12    (a) A petition for a protective order may be filed at any
13time, in person in-person or online, after a criminal charge
14or delinquency petition is filed and before the charge or
15delinquency petition is dismissed, the defendant or juvenile
16is acquitted, or the defendant or juvenile completes service
17of his or her sentence.
18    (b) The request for an ex parte protective order may be
19considered without notice to the respondent under Section
20112A-17.5 of this Code.
21    (c) A summons shall be issued and served for a protective
22order. The summons may be served by delivery to the respondent
23personally in open court in the criminal or juvenile
24delinquency proceeding, in the form prescribed by subsection
25(d) of Supreme Court Rule 101, except that it shall require the

 

 

HB1134- 278 -LRB103 05118 RLC 50132 b

1respondent to answer or appear within 7 days. Attachments to
2the summons shall include the petition for protective order,
3supporting affidavits, if any, and any ex parte protective
4order that has been issued.
5    (d) The summons shall be served by the sheriff or other law
6enforcement officer at the earliest time available and shall
7take precedence over any other summons, except those of a
8similar emergency nature. Attachments to the summons shall
9include the petition for protective order, supporting
10affidavits, if any, and any ex parte protective order that has
11been issued. Special process servers may be appointed at any
12time and their designation shall not affect the
13responsibilities and authority of the sheriff or other
14official process servers. In a county with a population over
153,000,000, a special process server may not be appointed if
16the protective order grants the surrender of a child, the
17surrender of a firearm or Firearm Owner's Identification Card,
18or the exclusive possession of a shared residence.
19    (e) If the respondent is not served within 30 days of the
20filing of the petition, the court shall schedule a court
21proceeding on the issue of service. Either the petitioner, the
22petitioner's counsel, or the State's Attorney shall appear and
23the court shall either order continued attempts at personal
24service or shall order service by publication, in accordance
25with Sections 2-203, 2-206, and 2-207 of the Code of Civil
26Procedure.

 

 

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1    (f) The request for a final protective order can be
2considered at any court proceeding in the delinquency or
3criminal case after service of the petition. If the petitioner
4has not been provided notice of the court proceeding at least
510 days in advance of the proceeding, the court shall schedule
6a hearing on the petition and provide notice to the
7petitioner.
8    (f-5) A court in a county with a population above 250,000
9shall offer the option of a remote hearing to a petitioner for
10a protective order. The court has the discretion to grant or
11deny the request for a remote hearing. Each court shall
12determine the procedure for a remote hearing. The petitioner
13and respondent may appear remotely or in person in-person.
14    The court shall issue and publish a court order, standing
15order, or local rule detailing information about the process
16for requesting and participating in a remote court appearance.
17The court order, standing order, or local rule shall be
18published on the court's website and posted on signs
19throughout the courthouse, including in the clerk's office.
20The sign shall be written in plain language and include
21information about the availability of remote court appearances
22and the process for requesting a remote hearing.
23    (g) Default orders.
24        (1) A final domestic violence order of protection may
25    be entered by default:
26            (A) for any of the remedies sought in the

 

 

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1        petition, if the respondent has been served with
2        documents under subsection (b) or (c) of this Section
3        and if the respondent fails to appear on the specified
4        return date or any subsequent hearing date agreed to
5        by the petitioner and respondent or set by the court;
6        or
7            (B) for any of the remedies provided under
8        paragraph (1), (2), (3), (5), (6), (7), (8), (9),
9        (10), (11), (14), (15), (17), or (18) of subsection
10        (b) of Section 112A-14 of this Code, or if the
11        respondent fails to answer or appear in accordance
12        with the date set in the publication notice or the
13        return date indicated on the service of a household
14        member.
15        (2) A final civil no contact order may be entered by
16    default for any of the remedies provided in Section
17    112A-14.5 of this Code, if the respondent has been served
18    with documents under subsection (b) or (c) of this
19    Section, and if the respondent fails to answer or appear
20    in accordance with the date set in the publication notice
21    or the return date indicated on the service of a household
22    member.
23        (3) A final stalking no contact order may be entered
24    by default for any of the remedies provided by Section
25    112A-14.7 of this Code, if the respondent has been served
26    with documents under subsection (b) or (c) of this Section

 

 

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1    and if the respondent fails to answer or appear in
2    accordance with the date set in the publication notice or
3    the return date indicated on the service of a household
4    member.
5(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)
 
6    (725 ILCS 5/112A-11.1)
7    Sec. 112A-11.1. Procedure for determining whether certain
8misdemeanor crimes are crimes of domestic violence for
9purposes of federal law.
10    (a) When a defendant has been charged with a violation of
11Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
12Criminal Code of 1961 or the Criminal Code of 2012, the State
13may, at arraignment or no later than 45 days after
14arraignment, for the purpose of notification to the Illinois
15State Police Firearm Owner's Identification Card Office, serve
16on the defendant and file with the court a notice alleging that
17conviction of the offense would subject the defendant to the
18prohibitions of 18 U.S.C. 922(g)(9) because of the
19relationship between the defendant and the alleged victim and
20the nature of the alleged offense.
21    (b) The notice shall include the name of the person
22alleged to be the victim of the crime and shall specify the
23nature of the alleged relationship as set forth in 18 U.S.C.
24921(a)(33)(A)(ii). It shall also specify the element of the
25charged offense which requires the use or attempted use of

 

 

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1physical force, or the threatened use of a deadly weapon, as
2set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
3notice that the defendant is entitled to a hearing on the
4allegation contained in the notice and that if the allegation
5is sustained, that determination and conviction shall be
6reported to the Illinois State Police Firearm Owner's
7Identification Card Office.
8    (c) After having been notified as provided in subsection
9(b) of this Section, the defendant may stipulate or admit,
10orally on the record or in writing, that conviction of the
11offense would subject the defendant to the prohibitions of 18
12U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
13922(g)(9) shall be deemed established for purposes of Section
14112A-11.2. If the defendant denies the applicability of 18
15U.S.C. 922(g)(9) as alleged in the notice served by the State,
16or stands mute with respect to that allegation, then the State
17shall bear the burden to prove beyond a reasonable doubt that
18the offense is one to which the prohibitions of 18 U.S.C.
19922(g)(9) apply. The court may consider reliable hearsay
20evidence submitted by either party provided that it is
21relevant to the determination of the allegation. Facts
22previously proven at trial or elicited at the time of entry of
23a plea of guilty shall be deemed established beyond a
24reasonable doubt and shall not be relitigated. At the
25conclusion of the hearing, or upon a stipulation or admission,
26as applicable, the court shall make a specific written

 

 

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1determination with respect to the allegation.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    (725 ILCS 5/112A-11.2)
4    Sec. 112A-11.2. Notification to the Illinois State Police
5Firearm Owner's Identification Card Office of determinations
6in certain misdemeanor cases. Upon judgment of conviction of a
7violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
812-3.5 of the Criminal Code of 1961 or the Criminal Code of
92012 when the defendant has been determined, under Section
10112A-11.1, to be subject to the prohibitions of 18 U.S.C.
11922(g)(9), the circuit court clerk shall include notification
12and a copy of the written determination in a report of the
13conviction to the Illinois State Police Firearm Owner's
14Identification Card Office to enable the office to report that
15determination to the Federal Bureau of Investigation and
16assist the Bureau in identifying persons prohibited from
17purchasing and possessing a firearm pursuant to the provisions
18of 18 U.S.C. 922.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
21    Sec. 112A-14. Domestic violence order of protection;
22remedies.
23    (a) (Blank).
24    (b) The court may order any of the remedies listed in this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB1134- 288 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 289 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 290 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 291 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 292 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 293 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 294 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 295 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 296 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 297 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 298 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

HB1134- 300 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 301 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

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

 

 

HB1134- 304 -LRB103 05118 RLC 50132 b

1    relationship. Absent such an adjudication, no putative
2    father shall be granted temporary allocation of parental
3    responsibilities, including parenting time with the minor
4    child, or physical care and possession of the minor child,
5    nor shall an order of payment for support of the minor
6    child be entered.
7    (d) Balance of hardships; findings. If the court finds
8that the balance of hardships does not support the granting of
9a remedy governed by paragraph (2), (3), (10), (11), or (16) of
10subsection (b) of this Section, which may require such
11balancing, the court's findings shall so indicate and shall
12include a finding as to whether granting the remedy will
13result in hardship to respondent that would substantially
14outweigh the hardship to petitioner from denial of the remedy.
15The findings shall be an official record or in writing.
16    (e) Denial of remedies. Denial of any remedy shall not be
17based, in whole or in part, on evidence that:
18        (1) respondent has cause for any use of force, unless
19    that cause satisfies the standards for justifiable use of
20    force provided by Article 7 of the Criminal Code of 2012;
21        (2) respondent was voluntarily intoxicated;
22        (3) petitioner acted in self-defense or defense of
23    another, provided that, if petitioner utilized force, such
24    force was justifiable under Article 7 of the Criminal Code
25    of 2012;
26        (4) petitioner did not act in self-defense or defense

 

 

HB1134- 305 -LRB103 05118 RLC 50132 b

1    of another;
2        (5) petitioner left the residence or household to
3    avoid further abuse by respondent;
4        (6) petitioner did not leave the residence or
5    household to avoid further abuse by respondent; or
6        (7) conduct by any family or household member excused
7    the abuse by respondent, unless that same conduct would
8    have excused such abuse if the parties had not been family
9    or household members.
10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
11102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
12    (725 ILCS 5/112A-14.7)
13    Sec. 112A-14.7. Stalking no contact order; remedies.
14    (a) The court may order any of the remedies listed in this
15Section. The remedies listed in this Section shall be in
16addition to other civil or criminal remedies available to
17petitioner. A stalking no contact order shall order one or
18more of the following:
19        (1) prohibit the respondent from threatening to commit
20    or committing stalking;
21        (2) order the respondent not to have any contact with
22    the petitioner or a third person specifically named by the
23    court;
24        (3) prohibit the respondent from knowingly coming
25    within, or knowingly remaining within a specified distance

 

 

HB1134- 306 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 307 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 308 -LRB103 05118 RLC 50132 b

1If the court order results in a transfer of the minor
2respondent to another attendance center, a change in the
3respondent's placement, or a change of the respondent's
4program, the parents, guardian, or legal custodian of the
5respondent is responsible for transportation and other costs
6associated with the transfer or change.
7    (c) The court may order the parents, guardian, or legal
8custodian of a minor respondent to take certain actions or to
9refrain from taking certain actions to ensure that the
10respondent complies with the order. If the court orders a
11transfer of the respondent to another school, the parents,
12guardian, or legal custodian of the respondent are responsible
13for transportation and other costs associated with the change
14of school by the respondent.
15    (d) The court shall not hold a school district or private
16or non-public school or any of its employees in civil or
17criminal contempt unless the school district or private or
18non-public school has been allowed to intervene.
19    (e) The court may hold the parents, guardian, or legal
20custodian of a minor respondent in civil or criminal contempt
21for a violation of any provision of any order entered under
22this Article for conduct of the minor respondent in violation
23of this Article if the parents, guardian, or legal custodian
24directed, encouraged, or assisted the respondent minor in the
25conduct.
26    (f) Monetary damages are not recoverable as a remedy.

 

 

HB1134- 309 -LRB103 05118 RLC 50132 b

1    (g) If the stalking no contact order prohibits the
2respondent from possessing a Firearm Owner's Identification
3Card, or possessing or buying firearms; the court shall
4confiscate the respondent's firearms Firearm Owner's
5Identification Card and immediately return the card to the
6Illinois State Police Firearm Owner's Identification Card
7Office.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (725 ILCS 5/112A-17.5)
10    Sec. 112A-17.5. Ex parte protective orders.
11    (a) The petitioner may request expedited consideration of
12the petition for an ex parte protective order. The court shall
13consider the request on an expedited basis without requiring
14the respondent's presence or requiring notice to the
15respondent.
16    (b) Issuance of ex parte protective orders in cases
17involving domestic violence. An ex parte domestic violence
18order of protection shall be issued if petitioner satisfies
19the requirements of this subsection (b) for one or more of the
20requested remedies. For each remedy requested, petitioner
21shall establish that:
22        (1) the court has jurisdiction under Section 112A-9 of
23    this Code;
24        (2) the requirements of subsection (a) of Section
25    112A-11.5 of this Code are satisfied; and

 

 

HB1134- 310 -LRB103 05118 RLC 50132 b

1        (3) there is good cause to grant the remedy,
2    regardless of prior service of process or notice upon the
3    respondent, because:
4            (A) for the remedy of prohibition of abuse
5        described in paragraph (1) of subsection (b) of
6        Section 112A-14 of this Code; stay away order and
7        additional prohibitions described in paragraph (3) of
8        subsection (b) of Section 112A-14 of this Code;
9        removal or concealment of minor child described in
10        paragraph (8) of subsection (b) of Section 112A-14 of
11        this Code; order to appear described in paragraph (9)
12        of subsection (b) of Section 112A-14 of this Code;
13        physical care and possession of the minor child
14        described in paragraph (5) of subsection (b) of
15        Section 112A-14 of this Code; protection of property
16        described in paragraph (11) of subsection (b) of
17        Section 112A-14 of this Code; prohibition of entry
18        described in paragraph (14) of subsection (b) of
19        Section 112A-14 of this Code; prohibition of firearm
20        possession described in paragraph (14.5) of subsection
21        (b) of Section 112A-14 of this Code; prohibition of
22        access to records described in paragraph (15) of
23        subsection (b) of Section 112A-14 of this Code;
24        injunctive relief described in paragraph (16) of
25        subsection (b) of Section 112A-14 of this Code; and
26        telephone services described in paragraph (18) of

 

 

HB1134- 311 -LRB103 05118 RLC 50132 b

1        subsection (b) of Section 112A-14 of this Code, the
2        harm which that remedy is intended to prevent would be
3        likely to occur if the respondent were given any prior
4        notice, or greater notice than was actually given, of
5        the petitioner's efforts to obtain judicial relief;
6            (B) for the remedy of grant of exclusive
7        possession of residence described in paragraph (2) of
8        subsection (b) of Section 112A-14 of this Code; the
9        immediate danger of further abuse of the petitioner by
10        the respondent, if the petitioner chooses or had
11        chosen to remain in the residence or household while
12        the respondent was given any prior notice or greater
13        notice than was actually given of the petitioner's
14        efforts to obtain judicial relief outweighs the
15        hardships to the respondent of an emergency order
16        granting the petitioner exclusive possession of the
17        residence or household; and the remedy shall not be
18        denied because the petitioner has or could obtain
19        temporary shelter elsewhere while prior notice is
20        given to the respondent, unless the hardship to the
21        respondent from exclusion from the home substantially
22        outweigh the hardship to the petitioner; or
23            (C) for the remedy of possession of personal
24        property described in paragraph (10) of subsection (b)
25        of Section 112A-14 of this Code; improper disposition
26        of the personal property would be likely to occur if

 

 

HB1134- 312 -LRB103 05118 RLC 50132 b

1        the respondent were given any prior notice, or greater
2        notice than was actually given, of the petitioner's
3        efforts to obtain judicial relief or the petitioner
4        has an immediate and pressing need for the possession
5        of that property.
6    An ex parte domestic violence order of protection may not
7include the counseling, custody, or payment of support or
8monetary compensation remedies provided by paragraphs (4),
9(12), (13), and (16) of subsection (b) of Section 112A-14 of
10this Code.
11    (c) Issuance of ex parte civil no contact order in cases
12involving sexual offenses. An ex parte civil no contact order
13shall be issued if the petitioner establishes that:
14        (1) the court has jurisdiction under Section 112A-9 of
15    this Code;
16        (2) the requirements of subsection (a) of Section
17    112A-11.5 of this Code are satisfied; and
18        (3) there is good cause to grant the remedy,
19    regardless of prior service of process or of notice upon
20    the respondent, because the harm which that remedy is
21    intended to prevent would be likely to occur if the
22    respondent were given any prior notice, or greater notice
23    than was actually given, of the petitioner's efforts to
24    obtain judicial relief.
25    The court may order any of the remedies under Section
26112A-14.5 of this Code.

 

 

HB1134- 313 -LRB103 05118 RLC 50132 b

1    (d) Issuance of ex parte stalking no contact order in
2cases involving stalking offenses. An ex parte stalking no
3contact order shall be issued if the petitioner establishes
4that:
5        (1) the court has jurisdiction under Section 112A-9 of
6    this Code;
7        (2) the requirements of subsection (a) of Section
8    112A-11.5 of this Code are satisfied; and
9        (3) there is good cause to grant the remedy,
10    regardless of prior service of process or of notice upon
11    the respondent, because the harm which that remedy is
12    intended to prevent would be likely to occur if the
13    respondent were given any prior notice, or greater notice
14    than was actually given, of the petitioner's efforts to
15    obtain judicial relief.
16    The court may order any of the remedies under Section
17112A-14.7 of this Code.
18    (e) Issuance of ex parte protective orders on court
19holidays and evenings.
20    When the court is unavailable at the close of business,
21the petitioner may file a petition for an ex parte protective
22order before any available circuit judge or associate judge
23who may grant relief under this Article. If the judge finds
24that petitioner has satisfied the prerequisites in subsection
25(b), (c), or (d) of this Section, the judge shall issue an ex
26parte protective order.

 

 

HB1134- 314 -LRB103 05118 RLC 50132 b

1    The chief judge of the circuit court may designate for
2each county in the circuit at least one judge to be reasonably
3available to issue orally, by telephone, by facsimile, or
4otherwise, an ex parte protective order at all times, whether
5or not the court is in session.
6    The judge who issued the order under this Section shall
7promptly communicate or convey the order to the sheriff to
8facilitate the entry of the order into the Law Enforcement
9Agencies Data System by the Illinois State Police under
10Section 112A-28 of this Code. Any order issued under this
11Section and any documentation in support of it shall be
12certified on the next court day to the appropriate court. The
13clerk of that court shall immediately assign a case number,
14file the petition, order, and other documents with the court
15and enter the order of record and file it with the sheriff for
16service under subsection (f) of this Section. Failure to
17comply with the requirements of this subsection (e) shall not
18affect the validity of the order.
19    (f) Service of ex parte protective order on respondent.
20        (1) If an ex parte protective order is entered at the
21    time a summons or arrest warrant is issued for the
22    criminal charge, the petition for the protective order,
23    any supporting affidavits, if any, and the ex parte
24    protective order that has been issued shall be served with
25    the summons or arrest warrant. The enforcement of a
26    protective order under Section 112A-23 of this Code shall

 

 

HB1134- 315 -LRB103 05118 RLC 50132 b

1    not be affected by the lack of service or delivery,
2    provided the requirements of subsection (a) of Section
3    112A-23 of this Code are otherwise met.
4        (2) If an ex parte protective order is entered after a
5    summons or arrest warrant is issued and before the
6    respondent makes an initial appearance in the criminal
7    case, the summons shall be in the form prescribed by
8    subsection (d) of Supreme Court Rule 101, except that it
9    shall require respondent to answer or appear within 7 days
10    and shall be accompanied by the petition for the
11    protective order, any supporting affidavits, if any, and
12    the ex parte protective order that has been issued.
13        (3) If an ex parte protective order is entered after
14    the respondent has been served notice of a petition for a
15    final protective order and the respondent has requested a
16    continuance to respond to the petition, the ex parte
17    protective order shall be served: (A) in open court if the
18    respondent is present at the proceeding at which the order
19    was entered; or (B) by summons in the form prescribed by
20    subsection (d) of Supreme Court Rule 101.
21        (4) No fee shall be charged for service of summons.
22        (5) The summons shall be served by the sheriff or
23    other law enforcement officer at the earliest time and
24    shall take precedence over other summonses except those of
25    a similar emergency nature. Special process servers may be
26    appointed at any time, and their designation shall not

 

 

HB1134- 316 -LRB103 05118 RLC 50132 b

1    affect the responsibilities and authority of the sheriff
2    or other official process servers. In a county with a
3    population over 3,000,000, a special process server may
4    not be appointed if an ex parte protective order grants
5    the surrender of a child, the surrender of a firearm or
6    Firearm Owner's Identification Card, or the exclusive
7    possession of a shared residence. Process may be served in
8    court.
9    (g) Upon 7 days' notice to the petitioner, or a shorter
10notice period as the court may prescribe, a respondent subject
11to an ex parte protective order may appear and petition the
12court to re-hear the petition. Any petition to re-hear shall
13be verified and shall allege the following:
14        (1) that respondent did not receive prior notice of
15    the initial hearing in which the ex parte protective order
16    was entered under Section 112A-17.5 of this Code; and
17        (2) that respondent had a meritorious defense to the
18    order or any of its remedies or that the order or any of
19    its remedies was not authorized under this Article.
20    The verified petition and affidavit shall set forth the
21evidence of the meritorious defense that will be presented at
22a hearing. If the court finds that the evidence presented at
23the hearing on the petition establishes a meritorious defense
24by a preponderance of the evidence, the court may decide to
25vacate the protective order or modify the remedies.
26    (h) If the ex parte protective order granted petitioner

 

 

HB1134- 317 -LRB103 05118 RLC 50132 b

1exclusive possession of the residence and the petition of
2respondent seeks to re-open or vacate that grant, the court
3shall set a date for hearing within 14 days on all issues
4relating to exclusive possession. Under no circumstances shall
5a court continue a hearing concerning exclusive possession
6beyond the 14th day except by agreement of the petitioner and
7the respondent. Other issues raised by the pleadings may be
8consolidated for the hearing if the petitioner, the
9respondent, and the court do not object.
10    (i) Duration of ex parte protective order. An ex parte
11order shall remain in effect until the court considers the
12request for a final protective order after notice has been
13served on the respondent or a default final protective order
14is entered, whichever occurs first. If a court date is
15scheduled for the issuance of a default protective order and
16the petitioner fails to personally appear or appear through
17counsel or the prosecuting attorney, the petition shall be
18dismissed and the ex parte order terminated.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 95. The Unified Code of Corrections is amended by
21changing Sections 3-2-10.5, 5-4.5-110, 5-5-3, 5-5-3.2, and
225-6-3 as follows:
 
23    (730 ILCS 5/3-2-10.5)
24    Sec. 3-2-10.5. Retiring security employees and parole

 

 

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1agents; purchase of service firearm and badge. The Director
2shall establish a program to allow a security employee or
3parole agent of the Department who is honorably retiring in
4good standing to purchase either one or both of the following:
5(1) any badge previously issued to the security employee or
6parole agent by the Department; or (2) if the security
7employee or parole agent has a currently valid Firearm Owner's
8Identification Card, the service firearm issued or previously
9issued to the security employee or parole agent by the
10Department. The badge must be permanently and conspicuously
11marked in such a manner that the individual who possesses the
12badge is not mistaken for an actively serving law enforcement
13officer. The cost of the firearm shall be the replacement
14value of the firearm and not the firearm's fair market value.
15(Source: P.A. 102-719, eff. 5-6-22.)
 
16    (730 ILCS 5/5-4.5-110)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
19PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
20    (a) DEFINITIONS. For the purposes of this Section:
21        "Firearm" has the meaning ascribed to it in Section
22    2-7.5 of the Criminal Code of 2012 Section 1.1 of the
23    Firearm Owners Identification Card Act.
24        "Qualifying predicate offense" means the following
25    offenses under the Criminal Code of 2012:

 

 

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1            (A) aggravated unlawful use of a weapon under
2        Section 24-1.6 or similar offense under the Criminal
3        Code of 1961, when the weapon is a firearm;
4            (B) unlawful use or possession of a weapon by a
5        felon under Section 24-1.1 or similar offense under
6        the Criminal Code of 1961, when the weapon is a
7        firearm;
8            (C) first degree murder under Section 9-1 or
9        similar offense under the Criminal Code of 1961;
10            (D) attempted first degree murder with a firearm
11        or similar offense under the Criminal Code of 1961;
12            (E) aggravated kidnapping with a firearm under
13        paragraph (6) or (7) of subsection (a) of Section 10-2
14        or similar offense under the Criminal Code of 1961;
15            (F) aggravated battery with a firearm under
16        subsection (e) of Section 12-3.05 or similar offense
17        under the Criminal Code of 1961;
18            (G) aggravated criminal sexual assault under
19        Section 11-1.30 or similar offense under the Criminal
20        Code of 1961;
21            (H) predatory criminal sexual assault of a child
22        under Section 11-1.40 or similar offense under the
23        Criminal Code of 1961;
24            (I) armed robbery under Section 18-2 or similar
25        offense under the Criminal Code of 1961;
26            (J) vehicular hijacking under Section 18-3 or

 

 

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

 

 

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1            (R) unlawful discharge of firearm projectiles
2        under Section 24-3.2 or similar offense under the
3        Criminal Code of 1961;
4            (S) unlawful sale or delivery of firearms on
5        school premises of any school under Section 24-3.3 or
6        similar offense under the Criminal Code of 1961;
7            (T) unlawful purchase of a firearm under Section
8        24-3.5 or similar offense under the Criminal Code of
9        1961;
10            (U) use of a stolen firearm in the commission of an
11        offense under Section 24-3.7 or similar offense under
12        the Criminal Code of 1961;
13            (V) possession of a stolen firearm under Section
14        24-3.8 or similar offense under the Criminal Code of
15        1961;
16            (W) aggravated possession of a stolen firearm
17        under Section 24-3.9 or similar offense under the
18        Criminal Code of 1961;
19            (X) gunrunning under Section 24-3A or similar
20        offense under the Criminal Code of 1961;
21            (Y) defacing identification marks of firearms
22        under Section 24-5 or similar offense under the
23        Criminal Code of 1961; and
24            (Z) armed violence under Section 33A-2 or similar
25        offense under the Criminal Code of 1961.
26    (b) APPLICABILITY. For an offense committed on or after

 

 

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1January 1, 2018 (the effective date Public Act 100-3) of this
2amendatory Act of the 100th General Assembly and before
3January 1, 2023, when a person is convicted of unlawful use or
4possession of a weapon by a felon, when the weapon is a
5firearm, or aggravated unlawful use of a weapon, when the
6weapon is a firearm, after being previously convicted of a
7qualifying predicate offense the person shall be subject to
8the sentencing guidelines under this Section.
9    (c) SENTENCING GUIDELINES.
10        (1) When a person is convicted of unlawful use or
11    possession of a weapon by a felon, when the weapon is a
12    firearm, and that person has been previously convicted of
13    a qualifying predicate offense, the person shall be
14    sentenced to a term of imprisonment within the sentencing
15    range of not less than 7 years and not more than 14 years,
16    unless the court finds that a departure from the
17    sentencing guidelines under this paragraph is warranted
18    under subsection (d) of this Section.
19        (2) When a person is convicted of aggravated unlawful
20    use of a weapon, when the weapon is a firearm, and that
21    person has been previously convicted of a qualifying
22    predicate offense, the person shall be sentenced to a term
23    of imprisonment within the sentencing range of not less
24    than 6 years and not more than 7 years, unless the court
25    finds that a departure from the sentencing guidelines
26    under this paragraph is warranted under subsection (d) of

 

 

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1    this Section.
2        (3) The sentencing guidelines in paragraphs (1) and
3    (2) of this subsection (c) apply only to offenses
4    committed on and after January 1, 2018 (the effective date
5    of Public Act 100-3) this amendatory Act of the 100th
6    General Assembly and before January 1, 2023.
7    (d) DEPARTURE FROM SENTENCING GUIDELINES.
8        (1) At the sentencing hearing conducted under Section
9    5-4-1 of this Code, the court may depart from the
10    sentencing guidelines provided in subsection (c) of this
11    Section and impose a sentence otherwise authorized by law
12    for the offense if the court, after considering any factor
13    under paragraph (2) of this subsection (d) relevant to the
14    nature and circumstances of the crime and to the history
15    and character of the defendant, finds on the record
16    substantial and compelling justification that the sentence
17    within the sentencing guidelines would be unduly harsh and
18    that a sentence otherwise authorized by law would be
19    consistent with public safety and does not deprecate the
20    seriousness of the offense.
21        (2) In deciding whether to depart from the sentencing
22    guidelines under this paragraph, the court shall consider:
23            (A) the age, immaturity, or limited mental
24        capacity of the defendant at the time of commission of
25        the qualifying predicate or current offense, including
26        whether the defendant was suffering from a mental or

 

 

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

 

 

HB1134- 325 -LRB103 05118 RLC 50132 b

1    sentencing guidelines. When departing from the sentencing
2    range in accordance with this subsection (d), the court
3    shall indicate on the sentencing order which departure
4    factor or factors outlined in paragraph (2) of this
5    subsection (d) led to the sentence imposed. The sentencing
6    order shall be filed with the clerk of the court and shall
7    be a public record.
8    (e) This Section is repealed on January 1, 2023.
9(Source: P.A. 100-3, eff. 1-1-18.)
 
10    (730 ILCS 5/5-5-3)
11    Sec. 5-5-3. Disposition.
12    (a) (Blank).
13    (b) (Blank).
14    (c) (1) (Blank).
15    (2) A period of probation, a term of periodic imprisonment
16or conditional discharge shall not be imposed for the
17following offenses. The court shall sentence the offender to
18not less than the minimum term of imprisonment set forth in
19this Code for the following offenses, and may order a fine or
20restitution or both in conjunction with such term of
21imprisonment:
22        (A) First degree murder where the death penalty is not
23    imposed.
24        (B) Attempted first degree murder.
25        (C) A Class X felony.

 

 

HB1134- 326 -LRB103 05118 RLC 50132 b

1        (D) A violation of Section 401.1 or 407 of the
2    Illinois Controlled Substances Act, or a violation of
3    subdivision (c)(1.5) of Section 401 of that Act which
4    relates to more than 5 grams of a substance containing
5    fentanyl or an analog thereof.
6        (D-5) A violation of subdivision (c)(1) of Section 401
7    of the Illinois Controlled Substances Act which relates to
8    3 or more grams of a substance containing heroin or an
9    analog thereof.
10        (E) (Blank).
11        (F) A Class 1 or greater felony if the offender had
12    been convicted of a Class 1 or greater felony, including
13    any state or federal conviction for an offense that
14    contained, at the time it was committed, the same elements
15    as an offense now (the date of the offense committed after
16    the prior Class 1 or greater felony) classified as a Class
17    1 or greater felony, within 10 years of the date on which
18    the offender committed the offense for which he or she is
19    being sentenced, except as otherwise provided in Section
20    40-10 of the Substance Use Disorder Act.
21        (F-3) A Class 2 or greater felony sex offense or
22    felony firearm offense if the offender had been convicted
23    of a Class 2 or greater felony, including any state or
24    federal conviction for an offense that contained, at the
25    time it was committed, the same elements as an offense now
26    (the date of the offense committed after the prior Class 2

 

 

HB1134- 327 -LRB103 05118 RLC 50132 b

1    or greater felony) classified as a Class 2 or greater
2    felony, within 10 years of the date on which the offender
3    committed the offense for which he or she is being
4    sentenced, except as otherwise provided in Section 40-10
5    of the Substance Use Disorder Act.
6        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
7    of the Criminal Code of 1961 or the Criminal Code of 2012
8    for which imprisonment is prescribed in those Sections.
9        (G) Residential burglary, except as otherwise provided
10    in Section 40-10 of the Substance Use Disorder Act.
11        (H) Criminal sexual assault.
12        (I) Aggravated battery of a senior citizen as
13    described in Section 12-4.6 or subdivision (a)(4) of
14    Section 12-3.05 of the Criminal Code of 1961 or the
15    Criminal Code of 2012.
16        (J) A forcible felony if the offense was related to
17    the activities of an organized gang.
18        Before July 1, 1994, for the purposes of this
19    paragraph, "organized gang" means an association of 5 or
20    more persons, with an established hierarchy, that
21    encourages members of the association to perpetrate crimes
22    or provides support to the members of the association who
23    do commit crimes.
24        Beginning July 1, 1994, for the purposes of this
25    paragraph, "organized gang" has the meaning ascribed to it
26    in Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

HB1134- 328 -LRB103 05118 RLC 50132 b

1    Prevention Act.
2        (K) Vehicular hijacking.
3        (L) A second or subsequent conviction for the offense
4    of hate crime when the underlying offense upon which the
5    hate crime is based is felony aggravated assault or felony
6    mob action.
7        (M) A second or subsequent conviction for the offense
8    of institutional vandalism if the damage to the property
9    exceeds $300.
10        (N) A Class 3 felony violation of paragraph (1) of
11    subsection (a) of Section 2 of the Firearm Owners
12    Identification Card Act committed before the effective
13    date of this amendatory Act of the 103rd General Assembly.
14        (O) A violation of Section 12-6.1 or 12-6.5 of the
15    Criminal Code of 1961 or the Criminal Code of 2012.
16        (P) A violation of paragraph (1), (2), (3), (4), (5),
17    or (7) of subsection (a) of Section 11-20.1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        (P-5) A violation of paragraph (6) of subsection (a)
20    of Section 11-20.1 of the Criminal Code of 1961 or the
21    Criminal Code of 2012 if the victim is a household or
22    family member of the defendant.
23        (Q) A violation of subsection (b) or (b-5) of Section
24    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
25    Code of 1961 or the Criminal Code of 2012.
26        (R) A violation of Section 24-3A of the Criminal Code

 

 

HB1134- 329 -LRB103 05118 RLC 50132 b

1    of 1961 or the Criminal Code of 2012.
2        (S) (Blank).
3        (T) (Blank).
4        (U) A second or subsequent violation of Section 6-303
5    of the Illinois Vehicle Code committed while his or her
6    driver's license, permit, or privilege was revoked because
7    of a violation of Section 9-3 of the Criminal Code of 1961
8    or the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a similar provision of a law of
10    another state.
11        (V) A violation of paragraph (4) of subsection (c) of
12    Section 11-20.1B or paragraph (4) of subsection (c) of
13    Section 11-20.3 of the Criminal Code of 1961, or paragraph
14    (6) of subsection (a) of Section 11-20.1 of the Criminal
15    Code of 2012 when the victim is under 13 years of age and
16    the defendant has previously been convicted under the laws
17    of this State or any other state of the offense of child
18    pornography, aggravated child pornography, aggravated
19    criminal sexual abuse, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, or any of
21    the offenses formerly known as rape, deviate sexual
22    assault, indecent liberties with a child, or aggravated
23    indecent liberties with a child where the victim was under
24    the age of 18 years or an offense that is substantially
25    equivalent to those offenses.
26        (W) A violation of Section 24-3.5 of the Criminal Code

 

 

HB1134- 330 -LRB103 05118 RLC 50132 b

1    of 1961 or the Criminal Code of 2012.
2        (X) A violation of subsection (a) of Section 31-1a of
3    the Criminal Code of 1961 or the Criminal Code of 2012.
4        (Y) A conviction for unlawful possession of a firearm
5    by a street gang member when the firearm was loaded or
6    contained firearm ammunition.
7        (Z) A Class 1 felony committed while he or she was
8    serving a term of probation or conditional discharge for a
9    felony.
10        (AA) Theft of property exceeding $500,000 and not
11    exceeding $1,000,000 in value.
12        (BB) Laundering of criminally derived property of a
13    value exceeding $500,000.
14        (CC) Knowingly selling, offering for sale, holding for
15    sale, or using 2,000 or more counterfeit items or
16    counterfeit items having a retail value in the aggregate
17    of $500,000 or more.
18        (DD) A conviction for aggravated assault under
19    paragraph (6) of subsection (c) of Section 12-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 if the
21    firearm is aimed toward the person against whom the
22    firearm is being used.
23        (EE) A conviction for a violation of paragraph (2) of
24    subsection (a) of Section 24-3B of the Criminal Code of
25    2012.
26    (3) (Blank).

 

 

HB1134- 331 -LRB103 05118 RLC 50132 b

1    (4) A minimum term of imprisonment of not less than 10
2consecutive days or 30 days of community service shall be
3imposed for a violation of paragraph (c) of Section 6-303 of
4the Illinois Vehicle Code.
5    (4.1) (Blank).
6    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
7this subsection (c), a minimum of 100 hours of community
8service shall be imposed for a second violation of Section
96-303 of the Illinois Vehicle Code.
10    (4.3) A minimum term of imprisonment of 30 days or 300
11hours of community service, as determined by the court, shall
12be imposed for a second violation of subsection (c) of Section
136-303 of the Illinois Vehicle Code.
14    (4.4) Except as provided in paragraphs (4.5), (4.6), and
15(4.9) of this subsection (c), a minimum term of imprisonment
16of 30 days or 300 hours of community service, as determined by
17the court, shall be imposed for a third or subsequent
18violation of Section 6-303 of the Illinois Vehicle Code. The
19court may give credit toward the fulfillment of community
20service hours for participation in activities and treatment as
21determined by court services.
22    (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

 

 

HB1134- 332 -LRB103 05118 RLC 50132 b

1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3    (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303
6of the Illinois Vehicle Code, as provided in subsection (b-5)
7of that Section.
8    (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for
12a period of not less than 5 years from the date of his or her
13release from prison.
14    (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-3.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

 

 

HB1134- 333 -LRB103 05118 RLC 50132 b

1    (5) The court may sentence a corporation or unincorporated
2association convicted of any offense to:
3        (A) a period of conditional discharge;
4        (B) a fine;
5        (C) make restitution to the victim under Section 5-5-6
6    of this Code.
7    (5.1) In addition to any other penalties imposed, and
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14    (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit,
18or privileges suspended for at least 180 days but not more than
192 years, if the violation resulted in injury to another
20person.
21    (5.3) In addition to any other penalties imposed, a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for 2 years, if the violation
25resulted in the death of another person.
26    (5.4) In addition to any other penalties imposed, a person

 

 

HB1134- 334 -LRB103 05118 RLC 50132 b

1convicted of violating Section 3-707 of the Illinois Vehicle
2Code shall have his or her driver's license, permit, or
3privileges suspended for 3 months and until he or she has paid
4a reinstatement fee of $100.
5    (5.5) In addition to any other penalties imposed, a person
6convicted of violating Section 3-707 of the Illinois Vehicle
7Code during a period in which his or her driver's license,
8permit, or privileges were suspended for a previous violation
9of that Section shall have his or her driver's license,
10permit, or privileges suspended for an additional 6 months
11after the expiration of the original 3-month suspension and
12until he or she has paid a reinstatement fee of $100.
13    (6) (Blank).
14    (7) (Blank).
15    (8) (Blank).
16    (9) A defendant convicted of a second or subsequent
17offense of ritualized abuse of a child may be sentenced to a
18term of natural life imprisonment.
19    (10) (Blank).
20    (11) The court shall impose a minimum fine of $1,000 for a
21first offense and $2,000 for a second or subsequent offense
22upon a person convicted of or placed on supervision for
23battery when the individual harmed was a sports official or
24coach at any level of competition and the act causing harm to
25the sports official or coach occurred within an athletic
26facility or within the immediate vicinity of the athletic

 

 

HB1134- 335 -LRB103 05118 RLC 50132 b

1facility at which the sports official or coach was an active
2participant of the athletic contest held at the athletic
3facility. For the purposes of this paragraph (11), "sports
4official" means a person at an athletic contest who enforces
5the rules of the contest, such as an umpire or referee;
6"athletic facility" means an indoor or outdoor playing field
7or recreational area where sports activities are conducted;
8and "coach" means a person recognized as a coach by the
9sanctioning authority that conducted the sporting event.
10    (12) A person may not receive a disposition of court
11supervision for a violation of Section 5-16 of the Boat
12Registration and Safety Act if that person has previously
13received a disposition of court supervision for a violation of
14that Section.
15    (13) A person convicted of or placed on court supervision
16for an assault or aggravated assault when the victim and the
17offender are family or household members as defined in Section
18103 of the Illinois Domestic Violence Act of 1986 or convicted
19of domestic battery or aggravated domestic battery may be
20required to attend a Partner Abuse Intervention Program under
21protocols set forth by the Illinois Department of Human
22Services under such terms and conditions imposed by the court.
23The costs of such classes shall be paid by the offender.
24    (d) In any case in which a sentence originally imposed is
25vacated, the case shall be remanded to the trial court. The
26trial court shall hold a hearing under Section 5-4-1 of this

 

 

HB1134- 336 -LRB103 05118 RLC 50132 b

1Code which may include evidence of the defendant's life, moral
2character and occupation during the time since the original
3sentence was passed. The trial court shall then impose
4sentence upon the defendant. The trial court may impose any
5sentence which could have been imposed at the original trial
6subject to Section 5-5-4 of this Code. If a sentence is vacated
7on appeal or on collateral attack due to the failure of the
8trier of fact at trial to determine beyond a reasonable doubt
9the existence of a fact (other than a prior conviction)
10necessary to increase the punishment for the offense beyond
11the statutory maximum otherwise applicable, either the
12defendant may be re-sentenced to a term within the range
13otherwise provided or, if the State files notice of its
14intention to again seek the extended sentence, the defendant
15shall be afforded a new trial.
16    (e) In cases where prosecution for aggravated criminal
17sexual abuse under Section 11-1.60 or 12-16 of the Criminal
18Code of 1961 or the Criminal Code of 2012 results in conviction
19of a defendant who was a family member of the victim at the
20time of the commission of the offense, the court shall
21consider the safety and welfare of the victim and may impose a
22sentence of probation only where:
23        (1) the court finds (A) or (B) or both are
24    appropriate:
25            (A) the defendant is willing to undergo a court
26        approved counseling program for a minimum duration of

 

 

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1        2 years; or
2            (B) the defendant is willing to participate in a
3        court approved plan, including, but not limited to,
4        the defendant's:
5                (i) removal from the household;
6                (ii) restricted contact with the victim;
7                (iii) continued financial support of the
8            family;
9                (iv) restitution for harm done to the victim;
10            and
11                (v) compliance with any other measures that
12            the court may deem appropriate; and
13        (2) the court orders the defendant to pay for the
14    victim's counseling services, to the extent that the court
15    finds, after considering the defendant's income and
16    assets, that the defendant is financially capable of
17    paying for such services, if the victim was under 18 years
18    of age at the time the offense was committed and requires
19    counseling as a result of the offense.
20    Probation may be revoked or modified pursuant to Section
215-6-4; except where the court determines at the hearing that
22the defendant violated a condition of his or her probation
23restricting contact with the victim or other family members or
24commits another offense with the victim or other family
25members, the court shall revoke the defendant's probation and
26impose a term of imprisonment.

 

 

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1    For the purposes of this Section, "family member" and
2"victim" shall have the meanings ascribed to them in Section
311-0.1 of the Criminal Code of 2012.
4    (f) (Blank).
5    (g) Whenever a defendant is convicted of an offense under
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
711-14.3, 11-14.4 except for an offense that involves keeping a
8place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1012-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the defendant shall undergo medical
12testing to determine whether the defendant has any sexually
13transmissible disease, including a test for infection with
14human immunodeficiency virus (HIV) or any other identified
15causative agent of acquired immunodeficiency syndrome (AIDS).
16Any such medical test shall be performed only by appropriately
17licensed medical practitioners and may include an analysis of
18any bodily fluids as well as an examination of the defendant's
19person. Except as otherwise provided by law, the results of
20such test shall be kept strictly confidential by all medical
21personnel involved in the testing and must be personally
22delivered in a sealed envelope to the judge of the court in
23which the conviction was entered for the judge's inspection in
24camera. Acting in accordance with the best interests of the
25victim and the public, the judge shall have the discretion to
26determine to whom, if anyone, the results of the testing may be

 

 

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1revealed. The court shall notify the defendant of the test
2results. The court shall also notify the victim if requested
3by the victim, and if the victim is under the age of 15 and if
4requested by the victim's parents or legal guardian, the court
5shall notify the victim's parents or legal guardian of the
6test results. The court shall provide information on the
7availability of HIV testing and counseling at Department of
8Public Health facilities to all parties to whom the results of
9the testing are revealed and shall direct the State's Attorney
10to provide the information to the victim when possible. The
11court shall order that the cost of any such test shall be paid
12by the county and may be taxed as costs against the convicted
13defendant.
14    (g-5) When an inmate is tested for an airborne
15communicable disease, as determined by the Illinois Department
16of Public Health, including, but not limited to, tuberculosis,
17the results of the test shall be personally delivered by the
18warden or his or her designee in a sealed envelope to the judge
19of the court in which the inmate must appear for the judge's
20inspection in camera if requested by the judge. Acting in
21accordance with the best interests of those in the courtroom,
22the judge shall have the discretion to determine what if any
23precautions need to be taken to prevent transmission of the
24disease in the courtroom.
25    (h) Whenever a defendant is convicted of an offense under
26Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

 

 

HB1134- 340 -LRB103 05118 RLC 50132 b

1defendant shall undergo medical testing to determine whether
2the defendant has been exposed to human immunodeficiency virus
3(HIV) or any other identified causative agent of acquired
4immunodeficiency syndrome (AIDS). Except as otherwise provided
5by law, the results of such test shall be kept strictly
6confidential by all medical personnel involved in the testing
7and must be personally delivered in a sealed envelope to the
8judge of the court in which the conviction was entered for the
9judge's inspection in camera. Acting in accordance with the
10best interests of the public, the judge shall have the
11discretion to determine to whom, if anyone, the results of the
12testing may be revealed. The court shall notify the defendant
13of a positive test showing an infection with the human
14immunodeficiency virus (HIV). The court shall provide
15information on the availability of HIV testing and counseling
16at Department of Public Health facilities to all parties to
17whom the results of the testing are revealed and shall direct
18the State's Attorney to provide the information to the victim
19when possible. The court shall order that the cost of any such
20test shall be paid by the county and may be taxed as costs
21against the convicted defendant.
22    (i) All fines and penalties imposed under this Section for
23any violation of Chapters 3, 4, 6, and 11 of the Illinois
24Vehicle Code, or a similar provision of a local ordinance, and
25any violation of the Child Passenger Protection Act, or a
26similar provision of a local ordinance, shall be collected and

 

 

HB1134- 341 -LRB103 05118 RLC 50132 b

1disbursed by the circuit clerk as provided under the Criminal
2and Traffic Assessment Act.
3    (j) In cases when prosecution for any violation of Section
411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
9Code of 2012, any violation of the Illinois Controlled
10Substances Act, any violation of the Cannabis Control Act, or
11any violation of the Methamphetamine Control and Community
12Protection Act results in conviction, a disposition of court
13supervision, or an order of probation granted under Section 10
14of the Cannabis Control Act, Section 410 of the Illinois
15Controlled Substances Act, or Section 70 of the
16Methamphetamine Control and Community Protection Act of a
17defendant, the court shall determine whether the defendant is
18employed by a facility or center as defined under the Child
19Care Act of 1969, a public or private elementary or secondary
20school, or otherwise works with children under 18 years of age
21on a daily basis. When a defendant is so employed, the court
22shall order the Clerk of the Court to send a copy of the
23judgment of conviction or order of supervision or probation to
24the defendant's employer by certified mail. If the employer of
25the defendant is a school, the Clerk of the Court shall direct
26the mailing of a copy of the judgment of conviction or order of

 

 

HB1134- 342 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 343 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 344 -LRB103 05118 RLC 50132 b

1    Otherwise, the defendant shall be sentenced as provided in
2this Chapter V.
3    (B) If the defendant has already been sentenced for a
4felony or misdemeanor offense, or has been placed on probation
5under Section 10 of the Cannabis Control Act, Section 410 of
6the Illinois Controlled Substances Act, or Section 70 of the
7Methamphetamine Control and Community Protection Act, the
8court may, upon motion of the State's Attorney to suspend the
9sentence imposed, commit the defendant to the custody of the
10Attorney General of the United States or his or her designated
11agent when:
12        (1) a final order of deportation has been issued
13    against the defendant pursuant to proceedings under the
14    Immigration and Nationality Act, and
15        (2) the deportation of the defendant would not
16    deprecate the seriousness of the defendant's conduct and
17    would not be inconsistent with the ends of justice.
18    (C) This subsection (l) does not apply to offenders who
19are subject to the provisions of paragraph (2) of subsection
20(a) of Section 3-6-3.
21    (D) Upon motion of the State's Attorney, if a defendant
22sentenced under this Section returns to the jurisdiction of
23the United States, the defendant shall be recommitted to the
24custody of the county from which he or she was sentenced.
25Thereafter, the defendant shall be brought before the
26sentencing court, which may impose any sentence that was

 

 

HB1134- 345 -LRB103 05118 RLC 50132 b

1available under Section 5-5-3 at the time of initial
2sentencing. In addition, the defendant shall not be eligible
3for additional earned sentence credit as provided under
4Section 3-6-3.
5    (m) A person convicted of criminal defacement of property
6under Section 21-1.3 of the Criminal Code of 1961 or the
7Criminal Code of 2012, in which the property damage exceeds
8$300 and the property damaged is a school building, shall be
9ordered to perform community service that may include cleanup,
10removal, or painting over the defacement.
11    (n) The court may sentence a person convicted of a
12violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
13subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
14of 1961 or the Criminal Code of 2012 (i) to an impact
15incarceration program if the person is otherwise eligible for
16that program under Section 5-8-1.1, (ii) to community service,
17or (iii) if the person has a substance use disorder, as defined
18in the Substance Use Disorder Act, to a treatment program
19licensed under that Act.
20    (o) Whenever a person is convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act, the
22defendant's driver's license or permit shall be subject to
23renewal on an annual basis in accordance with the provisions
24of license renewal established by the Secretary of State.
25(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
26102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

 

 

HB1134- 346 -LRB103 05118 RLC 50132 b

15-27-22.)
 
2    (730 ILCS 5/5-5-3.2)
3    (Text of Section before amendment by P.A. 102-982)
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;

 

 

HB1134- 347 -LRB103 05118 RLC 50132 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;

 

 

HB1134- 348 -LRB103 05118 RLC 50132 b

1        (12) the defendant was convicted of a felony committed
2    while he was on pretrial release 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

 

 

HB1134- 349 -LRB103 05118 RLC 50132 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,

 

 

HB1134- 350 -LRB103 05118 RLC 50132 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 103rd General Assembly and has now
26    committed either a felony violation of the Firearm Owners

 

 

HB1134- 351 -LRB103 05118 RLC 50132 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;

 

 

HB1134- 352 -LRB103 05118 RLC 50132 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;

 

 

HB1134- 353 -LRB103 05118 RLC 50132 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,

 

 

HB1134- 354 -LRB103 05118 RLC 50132 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;
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) the defendant was found guilty of an
26    administrative infraction related to an act or acts of

 

 

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1    public indecency or sexual misconduct in the penal
2    institution. In this paragraph (33), "penal institution"
3    has the same meaning as in Section 2-14 of the Criminal
4    Code of 2012; or
5        (34) the defendant committed the offense of leaving
6    the scene of an accident in violation of subsection (b) of
7    Section 11-401 of the Illinois Vehicle Code and the
8    accident resulted in the death of a person and at the time
9    of the offense, the defendant was: (i) driving under the
10    influence of alcohol, other drug or drugs, intoxicating
11    compound or compounds or any combination thereof as
12    defined by Section 11-501 of the Illinois Vehicle Code; or
13    (ii) operating the motor vehicle while using an electronic
14    communication device as defined in Section 12-610.2 of the
15    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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

HB1134- 362 -LRB103 05118 RLC 50132 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. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
17101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
188-20-21.)
 
19    (Text of Section after amendment by P.A. 102-982)
20    Sec. 5-5-3.2. Factors in aggravation and extended-term
21sentencing.
22    (a) The following factors shall be accorded weight in
23favor of imposing a term of imprisonment or may be considered
24by the court as reasons to impose a more severe sentence under
25Section 5-8-1 or Article 4.5 of Chapter V:

 

 

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

 

 

HB1134- 364 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 365 -LRB103 05118 RLC 50132 b

1    device which is designed for the purpose of protecting the
2    wearer from bullets, shot or other lethal projectiles;
3        (14) the defendant held a position of trust or
4    supervision such as, but not limited to, family member as
5    defined in Section 11-0.1 of the Criminal Code of 2012,
6    teacher, scout leader, baby sitter, or day care worker, in
7    relation to a victim under 18 years of age, and the
8    defendant committed an offense in violation of Section
9    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
10    11-14.4 except for an offense that involves keeping a
11    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
12    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
13    or 12-16 of the Criminal Code of 1961 or the Criminal Code
14    of 2012 against that victim;
15        (15) the defendant committed an offense related to the
16    activities of an organized gang. For the purposes of this
17    factor, "organized gang" has the meaning ascribed to it in
18    Section 10 of the Streetgang Terrorism Omnibus Prevention
19    Act;
20        (16) the defendant committed an offense in violation
21    of one of the following Sections while in a school,
22    regardless of the time of day or time of year; on any
23    conveyance owned, leased, or contracted by a school to
24    transport students to or from school or a school related
25    activity; on the real property of a school; or on a public
26    way within 1,000 feet of the real property comprising any

 

 

HB1134- 366 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 367 -LRB103 05118 RLC 50132 b

1    ascribed to it in Section 2-3.5 of the Criminal Code of
2    2012;
3        (18) the defendant committed the offense in a nursing
4    home or on the real property comprising a nursing home.
5    For the purposes of this paragraph (18), "nursing home"
6    means a skilled nursing or intermediate long term care
7    facility that is subject to license by the Illinois
8    Department of Public Health under the Nursing Home Care
9    Act, the Specialized Mental Health Rehabilitation Act of
10    2013, the ID/DD Community Care Act, or the MC/DD Act;
11        (19) the defendant was a federally licensed firearm
12    dealer and was previously convicted of a violation of
13    subsection (a) of Section 3 of the Firearm Owners
14    Identification Card Act before its repeal by this
15    amendatory Act of the 103rd General Assembly and has now
16    committed either a felony violation of the Firearm Owners
17    Identification Card Act or an act of armed violence while
18    armed with a firearm;
19        (20) the defendant (i) committed the offense of
20    reckless homicide under Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012 or the offense of
22    driving under the influence of alcohol, other drug or
23    drugs, intoxicating compound or compounds or any
24    combination thereof under Section 11-501 of the Illinois
25    Vehicle Code or a similar provision of a local ordinance
26    and (ii) was operating a motor vehicle in excess of 20

 

 

HB1134- 368 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 369 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 370 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 371 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 372 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

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

 

 

HB1134- 375 -LRB103 05118 RLC 50132 b

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

 

 

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

 

 

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

 

 

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

 

 

HB1134- 379 -LRB103 05118 RLC 50132 b

1commission of the offense, the victim was under the influence
2of alcohol, regardless of whether or not the alcohol was
3supplied by the offender; and the offender, at the time of the
4commission of the offense, knew or should have known that the
5victim had consumed alcohol.
6(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
7101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
88-20-21; 102-982, eff. 7-1-23.)
 
9    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
10    Sec. 5-6-3. Conditions of probation and of conditional
11discharge.
12    (a) The conditions of probation and of conditional
13discharge shall be that the person:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) report to or appear in person before such person
17    or agency as directed by the court;
18        (3) refrain from possessing a firearm or other
19    dangerous weapon where the offense is a felony or, if a
20    misdemeanor, the offense involved the intentional or
21    knowing infliction of bodily harm or threat of bodily
22    harm;
23        (4) not leave the State without the consent of the
24    court or, in circumstances in which the reason for the
25    absence is of such an emergency nature that prior consent

 

 

HB1134- 380 -LRB103 05118 RLC 50132 b

1    by the court is not possible, without the prior
2    notification and approval of the person's probation
3    officer. Transfer of a person's probation or conditional
4    discharge supervision to another state is subject to
5    acceptance by the other state pursuant to the Interstate
6    Compact for Adult Offender Supervision;
7        (5) permit the probation officer to visit him at his
8    home or elsewhere to the extent necessary to discharge his
9    duties;
10        (6) perform no less than 30 hours of community service
11    and not more than 120 hours of community service, if
12    community service is available in the jurisdiction and is
13    funded and approved by the county board where the offense
14    was committed, where the offense was related to or in
15    furtherance of the criminal activities of an organized
16    gang and was motivated by the offender's membership in or
17    allegiance to an organized gang. The community service
18    shall include, but not be limited to, the cleanup and
19    repair of any damage caused by a violation of Section
20    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
21    2012 and similar damage to property located within the
22    municipality or county in which the violation occurred.
23    When possible and reasonable, the community service should
24    be performed in the offender's neighborhood. For purposes
25    of this Section, "organized gang" has the meaning ascribed
26    to it in Section 10 of the Illinois Streetgang Terrorism

 

 

HB1134- 381 -LRB103 05118 RLC 50132 b

1    Omnibus Prevention Act. The court may give credit toward
2    the fulfillment of community service hours for
3    participation in activities and treatment as determined by
4    court services;
5        (7) if he or she is at least 17 years of age and has
6    been sentenced to probation or conditional discharge for a
7    misdemeanor or felony in a county of 3,000,000 or more
8    inhabitants and has not been previously convicted of a
9    misdemeanor or felony, may be required by the sentencing
10    court to attend educational courses designed to prepare
11    the defendant for a high school diploma and to work toward
12    a high school diploma or to work toward passing high
13    school equivalency testing or to work toward completing a
14    vocational training program approved by the court. The
15    person on probation or conditional discharge must attend a
16    public institution of education to obtain the educational
17    or vocational training required by this paragraph (7). The
18    court shall revoke the probation or conditional discharge
19    of a person who willfully fails to comply with this
20    paragraph (7). The person on probation or conditional
21    discharge shall be required to pay for the cost of the
22    educational courses or high school equivalency testing if
23    a fee is charged for those courses or testing. The court
24    shall resentence the offender whose probation or
25    conditional discharge has been revoked as provided in
26    Section 5-6-4. This paragraph (7) does not apply to a

 

 

HB1134- 382 -LRB103 05118 RLC 50132 b

1    person who has a high school diploma or has successfully
2    passed high school equivalency testing. This paragraph (7)
3    does not apply to a person who is determined by the court
4    to be a person with a developmental disability or
5    otherwise mentally incapable of completing the educational
6    or vocational program;
7        (8) if convicted of possession of a substance
8    prohibited by the Cannabis Control Act, the Illinois
9    Controlled Substances Act, or the Methamphetamine Control
10    and Community Protection Act after a previous conviction
11    or disposition of supervision for possession of a
12    substance prohibited by the Cannabis Control Act or
13    Illinois Controlled Substances Act or after a sentence of
14    probation under Section 10 of the Cannabis Control Act,
15    Section 410 of the Illinois Controlled Substances Act, or
16    Section 70 of the Methamphetamine Control and Community
17    Protection Act and upon a finding by the court that the
18    person is addicted, undergo treatment at a substance abuse
19    program approved by the court;
20        (8.5) if convicted of a felony sex offense as defined
21    in the Sex Offender Management Board Act, the person shall
22    undergo and successfully complete sex offender treatment
23    by a treatment provider approved by the Board and
24    conducted in conformance with the standards developed
25    under the Sex Offender Management Board Act;
26        (8.6) if convicted of a sex offense as defined in the

 

 

HB1134- 383 -LRB103 05118 RLC 50132 b

1    Sex Offender Management Board Act, refrain from residing
2    at the same address or in the same condominium unit or
3    apartment unit or in the same condominium complex or
4    apartment complex with another person he or she knows or
5    reasonably should know is a convicted sex offender or has
6    been placed on supervision for a sex offense; the
7    provisions of this paragraph do not apply to a person
8    convicted of a sex offense who is placed in a Department of
9    Corrections licensed transitional housing facility for sex
10    offenders;
11        (8.7) if convicted for an offense committed on or
12    after June 1, 2008 (the effective date of Public Act
13    95-464) that would qualify the accused as a child sex
14    offender as defined in Section 11-9.3 or 11-9.4 of the
15    Criminal Code of 1961 or the Criminal Code of 2012,
16    refrain from communicating with or contacting, by means of
17    the Internet, a person who is not related to the accused
18    and whom the accused reasonably believes to be under 18
19    years of age; for purposes of this paragraph (8.7),
20    "Internet" has the meaning ascribed to it in Section
21    16-0.1 of the Criminal Code of 2012; and a person is not
22    related to the accused if the person is not: (i) the
23    spouse, brother, or sister of the accused; (ii) a
24    descendant of the accused; (iii) a first or second cousin
25    of the accused; or (iv) a step-child or adopted child of
26    the accused;

 

 

HB1134- 384 -LRB103 05118 RLC 50132 b

1        (8.8) if convicted for an offense under Section 11-6,
2    11-9.1, 11-14.4 that involves soliciting for a juvenile
3    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    or any attempt to commit any of these offenses, committed
6    on or after June 1, 2009 (the effective date of Public Act
7    95-983):
8            (i) not access or use a computer or any other
9        device with Internet capability without the prior
10        written approval of the offender's probation officer,
11        except in connection with the offender's employment or
12        search for employment with the prior approval of the
13        offender's probation officer;
14            (ii) submit to periodic unannounced examinations
15        of the offender's computer or any other device with
16        Internet capability by the offender's probation
17        officer, a law enforcement officer, or assigned
18        computer or information technology specialist,
19        including the retrieval and copying of all data from
20        the computer or device and any internal or external
21        peripherals and removal of such information,
22        equipment, or device to conduct a more thorough
23        inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or

 

 

HB1134- 385 -LRB103 05118 RLC 50132 b

1        software systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the offender's probation officer;
6        (8.9) if convicted of a sex offense as defined in the
7    Sex Offender Registration Act committed on or after
8    January 1, 2010 (the effective date of Public Act 96-262),
9    refrain from accessing or using a social networking
10    website as defined in Section 17-0.5 of the Criminal Code
11    of 2012;
12        (9) if convicted of a felony or of any misdemeanor
13    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
14    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
15    2012 that was determined, pursuant to Section 112A-11.1 of
16    the Code of Criminal Procedure of 1963, to trigger the
17    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
18    at a time and place designated by the court, his or her
19    Firearm Owner's Identification Card and any and all
20    firearms in his or her possession. The Court shall return
21    to the Illinois State Police Firearm Owner's
22    Identification Card Office the person's Firearm Owner's
23    Identification Card;
24        (10) if convicted of a sex offense as defined in
25    subsection (a-5) of Section 3-1-2 of this Code, unless the
26    offender is a parent or guardian of the person under 18

 

 

HB1134- 386 -LRB103 05118 RLC 50132 b

1    years of age present in the home and no non-familial
2    minors are present, not participate in a holiday event
3    involving children under 18 years of age, such as
4    distributing candy or other items to children on
5    Halloween, wearing a Santa Claus costume on or preceding
6    Christmas, being employed as a department store Santa
7    Claus, or wearing an Easter Bunny costume on or preceding
8    Easter;
9        (11) if convicted of a sex offense as defined in
10    Section 2 of the Sex Offender Registration Act committed
11    on or after January 1, 2010 (the effective date of Public
12    Act 96-362) that requires the person to register as a sex
13    offender under that Act, may not knowingly use any
14    computer scrub software on any computer that the sex
15    offender uses;
16        (12) if convicted of a violation of the
17    Methamphetamine Control and Community Protection Act, the
18    Methamphetamine Precursor Control Act, or a
19    methamphetamine related offense:
20            (A) prohibited from purchasing, possessing, or
21        having under his or her control any product containing
22        pseudoephedrine unless prescribed by a physician; and
23            (B) prohibited from purchasing, possessing, or
24        having under his or her control any product containing
25        ammonium nitrate; and
26        (13) if convicted of a hate crime involving the

 

 

HB1134- 387 -LRB103 05118 RLC 50132 b

1    protected class identified in subsection (a) of Section
2    12-7.1 of the Criminal Code of 2012 that gave rise to the
3    offense the offender committed, perform public or
4    community service of no less than 200 hours and enroll in
5    an educational program discouraging hate crimes that
6    includes racial, ethnic, and cultural sensitivity training
7    ordered by the court.
8    (b) The Court may in addition to other reasonable
9conditions relating to the nature of the offense or the
10rehabilitation of the defendant as determined for each
11defendant in the proper discretion of the Court require that
12the person:
13        (1) serve a term of periodic imprisonment under
14    Article 7 for a period not to exceed that specified in
15    paragraph (d) of Section 5-7-1;
16        (2) pay a fine and costs;
17        (3) work or pursue a course of study or vocational
18    training;
19        (4) undergo medical, psychological or psychiatric
20    treatment; or treatment for drug addiction or alcoholism;
21        (5) attend or reside in a facility established for the
22    instruction or residence of defendants on probation;
23        (6) support his dependents;
24        (7) and in addition, if a minor:
25            (i) reside with his parents or in a foster home;
26            (ii) attend school;

 

 

HB1134- 388 -LRB103 05118 RLC 50132 b

1            (iii) attend a non-residential program for youth;
2            (iv) contribute to his own support at home or in a
3        foster home;
4            (v) with the consent of the superintendent of the
5        facility, attend an educational program at a facility
6        other than the school in which the offense was
7        committed if he or she is convicted of a crime of
8        violence as defined in Section 2 of the Crime Victims
9        Compensation Act committed in a school, on the real
10        property comprising a school, or within 1,000 feet of
11        the real property comprising a school;
12        (8) make restitution as provided in Section 5-5-6 of
13    this Code;
14        (9) perform some reasonable public or community
15    service;
16        (10) serve a term of home confinement. In addition to
17    any other applicable condition of probation or conditional
18    discharge, the conditions of home confinement shall be
19    that the offender:
20            (i) remain within the interior premises of the
21        place designated for his confinement during the hours
22        designated by the court;
23            (ii) admit any person or agent designated by the
24        court into the offender's place of confinement at any
25        time for purposes of verifying the offender's
26        compliance with the conditions of his confinement; and

 

 

HB1134- 389 -LRB103 05118 RLC 50132 b

1            (iii) if further deemed necessary by the court or
2        the Probation or Court Services Department, be placed
3        on an approved electronic monitoring device, subject
4        to Article 8A of Chapter V;
5            (iv) for persons convicted of any alcohol,
6        cannabis or controlled substance violation who are
7        placed on an approved monitoring device as a condition
8        of probation or conditional discharge, the court shall
9        impose a reasonable fee for each day of the use of the
10        device, as established by the county board in
11        subsection (g) of this Section, unless after
12        determining the inability of the offender to pay the
13        fee, the court assesses a lesser fee or no fee as the
14        case may be. This fee shall be imposed in addition to
15        the fees imposed under subsections (g) and (i) of this
16        Section. The fee shall be collected by the clerk of the
17        circuit court, except as provided in an administrative
18        order of the Chief Judge of the circuit court. The
19        clerk of the circuit court shall pay all monies
20        collected from this fee to the county treasurer for
21        deposit in the substance abuse services fund under
22        Section 5-1086.1 of the Counties Code, except as
23        provided in an administrative order of the Chief Judge
24        of the circuit court.
25            The Chief Judge of the circuit court of the county
26        may by administrative order establish a program for

 

 

HB1134- 390 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 391 -LRB103 05118 RLC 50132 b

1        shall use the monies collected to defray the costs of
2        corrections. The county treasurer shall deposit the
3        fee collected in the probation and court services
4        fund. The Chief Judge of the circuit court of the
5        county may by administrative order establish a program
6        for electronic monitoring of offenders, in which a
7        vendor supplies and monitors the operation of the
8        electronic monitoring device, and collects the fees on
9        behalf of the county. The program shall include
10        provisions for indigent offenders and the collection
11        of unpaid fees. The program shall not unduly burden
12        the offender and shall be subject to review by the
13        Chief Judge.
14            The Chief Judge of the circuit court may suspend
15        any additional charges or fees for late payment,
16        interest, or damage to any device.
17        (11) comply with the terms and conditions of an order
18    of protection issued by the court pursuant to the Illinois
19    Domestic Violence Act of 1986, as now or hereafter
20    amended, or an order of protection issued by the court of
21    another state, tribe, or United States territory. A copy
22    of the order of protection shall be transmitted to the
23    probation officer or agency having responsibility for the
24    case;
25        (12) reimburse any "local anti-crime program" as
26    defined in Section 7 of the Anti-Crime Advisory Council

 

 

HB1134- 392 -LRB103 05118 RLC 50132 b

1    Act for any reasonable expenses incurred by the program on
2    the offender's case, not to exceed the maximum amount of
3    the fine authorized for the offense for which the
4    defendant was sentenced;
5        (13) contribute a reasonable sum of money, not to
6    exceed the maximum amount of the fine authorized for the
7    offense for which the defendant was sentenced, (i) to a
8    "local anti-crime program", as defined in Section 7 of the
9    Anti-Crime Advisory Council Act, or (ii) for offenses
10    under the jurisdiction of the Department of Natural
11    Resources, to the fund established by the Department of
12    Natural Resources for the purchase of evidence for
13    investigation purposes and to conduct investigations as
14    outlined in Section 805-105 of the Department of Natural
15    Resources (Conservation) Law;
16        (14) refrain from entering into a designated
17    geographic area except upon such terms as the court finds
18    appropriate. Such terms may include consideration of the
19    purpose of the entry, the time of day, other persons
20    accompanying the defendant, and advance approval by a
21    probation officer, if the defendant has been placed on
22    probation or advance approval by the court, if the
23    defendant was placed on conditional discharge;
24        (15) refrain from having any contact, directly or
25    indirectly, with certain specified persons or particular
26    types of persons, including but not limited to members of

 

 

HB1134- 393 -LRB103 05118 RLC 50132 b

1    street gangs and drug users or dealers;
2        (16) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the Cannabis
4    Control Act, the Illinois Controlled Substances Act, or
5    the Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of
7    his or her blood or urine or both for tests to determine
8    the presence of any illicit drug;
9        (17) if convicted for an offense committed on or after
10    June 1, 2008 (the effective date of Public Act 95-464)
11    that would qualify the accused as a child sex offender as
12    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
13    of 1961 or the Criminal Code of 2012, refrain from
14    communicating with or contacting, by means of the
15    Internet, a person who is related to the accused and whom
16    the accused reasonably believes to be under 18 years of
17    age; for purposes of this paragraph (17), "Internet" has
18    the meaning ascribed to it in Section 16-0.1 of the
19    Criminal Code of 2012; and a person is related to the
20    accused if the person is: (i) the spouse, brother, or
21    sister of the accused; (ii) a descendant of the accused;
22    (iii) a first or second cousin of the accused; or (iv) a
23    step-child or adopted child of the accused;
24        (18) if convicted for an offense committed on or after
25    June 1, 2009 (the effective date of Public Act 95-983)
26    that would qualify as a sex offense as defined in the Sex

 

 

HB1134- 394 -LRB103 05118 RLC 50132 b

1    Offender Registration Act:
2            (i) not access or use a computer or any other
3        device with Internet capability without the prior
4        written approval of the offender's probation officer,
5        except in connection with the offender's employment or
6        search for employment with the prior approval of the
7        offender's probation officer;
8            (ii) submit to periodic unannounced examinations
9        of the offender's computer or any other device with
10        Internet capability by the offender's probation
11        officer, a law enforcement officer, or assigned
12        computer or information technology specialist,
13        including the retrieval and copying of all data from
14        the computer or device and any internal or external
15        peripherals and removal of such information,
16        equipment, or device to conduct a more thorough
17        inspection;
18            (iii) submit to the installation on the offender's
19        computer or device with Internet capability, at the
20        subject's expense, of one or more hardware or software
21        systems to monitor the Internet use; and
22            (iv) submit to any other appropriate restrictions
23        concerning the offender's use of or access to a
24        computer or any other device with Internet capability
25        imposed by the offender's probation officer; and
26        (19) refrain from possessing a firearm or other

 

 

HB1134- 395 -LRB103 05118 RLC 50132 b

1    dangerous weapon where the offense is a misdemeanor that
2    did not involve the intentional or knowing infliction of
3    bodily harm or threat of bodily harm.
4    (c) The court may as a condition of probation or of
5conditional discharge require that a person under 18 years of
6age found guilty of any alcohol, cannabis or controlled
7substance violation, refrain from acquiring a driver's license
8during the period of probation or conditional discharge. If
9such person is in possession of a permit or license, the court
10may require that the minor refrain from driving or operating
11any motor vehicle during the period of probation or
12conditional discharge, except as may be necessary in the
13course of the minor's lawful employment.
14    (d) An offender sentenced to probation or to conditional
15discharge shall be given a certificate setting forth the
16conditions thereof.
17    (e) Except where the offender has committed a fourth or
18subsequent violation of subsection (c) of Section 6-303 of the
19Illinois Vehicle Code, the court shall not require as a
20condition of the sentence of probation or conditional
21discharge that the offender be committed to a period of
22imprisonment in excess of 6 months. This 6-month limit shall
23not include periods of confinement given pursuant to a
24sentence of county impact incarceration under Section 5-8-1.2.
25    Persons committed to imprisonment as a condition of
26probation or conditional discharge shall not be committed to

 

 

HB1134- 396 -LRB103 05118 RLC 50132 b

1the Department of Corrections.
2    (f) The court may combine a sentence of periodic
3imprisonment under Article 7 or a sentence to a county impact
4incarceration program under Article 8 with a sentence of
5probation or conditional discharge.
6    (g) An offender sentenced to probation or to conditional
7discharge and who during the term of either undergoes
8mandatory drug or alcohol testing, or both, or is assigned to
9be placed on an approved electronic monitoring device, shall
10be ordered to pay all costs incidental to such mandatory drug
11or alcohol testing, or both, and all costs incidental to such
12approved electronic monitoring in accordance with the
13defendant's ability to pay those costs. The county board with
14the concurrence of the Chief Judge of the judicial circuit in
15which the county is located shall establish reasonable fees
16for the cost of maintenance, testing, and incidental expenses
17related to the mandatory drug or alcohol testing, or both, and
18all costs incidental to approved electronic monitoring,
19involved in a successful probation program for the county. The
20concurrence of the Chief Judge shall be in the form of an
21administrative order. The fees shall be collected by the clerk
22of the circuit court, except as provided in an administrative
23order of the Chief Judge of the circuit court. The clerk of the
24circuit court shall pay all moneys collected from these fees
25to the county treasurer who shall use the moneys collected to
26defray the costs of drug testing, alcohol testing, and

 

 

HB1134- 397 -LRB103 05118 RLC 50132 b

1electronic monitoring. The county treasurer shall deposit the
2fees collected in the county working cash fund under Section
36-27001 or Section 6-29002 of the Counties Code, as the case
4may be. The Chief Judge of the circuit court of the county may
5by administrative order establish a program for electronic
6monitoring of offenders, in which a vendor supplies and
7monitors the operation of the electronic monitoring device,
8and collects the fees on behalf of the county. The program
9shall include provisions for indigent offenders and the
10collection of unpaid fees. The program shall not unduly burden
11the offender and shall be subject to review by the Chief Judge.
12    The Chief Judge of the circuit court may suspend any
13additional charges or fees for late payment, interest, or
14damage to any device.
15    (h) Jurisdiction over an offender may be transferred from
16the sentencing court to the court of another circuit with the
17concurrence of both courts. Further transfers or retransfers
18of jurisdiction are also authorized in the same manner. The
19court to which jurisdiction has been transferred shall have
20the same powers as the sentencing court. The probation
21department within the circuit to which jurisdiction has been
22transferred, or which has agreed to provide supervision, may
23impose probation fees upon receiving the transferred offender,
24as provided in subsection (i). For all transfer cases, as
25defined in Section 9b of the Probation and Probation Officers
26Act, the probation department from the original sentencing

 

 

HB1134- 398 -LRB103 05118 RLC 50132 b

1court shall retain all probation fees collected prior to the
2transfer. After the transfer, all probation fees shall be paid
3to the probation department within the circuit to which
4jurisdiction has been transferred.
5    (i) The court shall impose upon an offender sentenced to
6probation after January 1, 1989 or to conditional discharge
7after January 1, 1992 or to community service under the
8supervision of a probation or court services department after
9January 1, 2004, as a condition of such probation or
10conditional discharge or supervised community service, a fee
11of $50 for each month of probation or conditional discharge
12supervision or supervised community service ordered by the
13court, unless after determining the inability of the person
14sentenced to probation or conditional discharge or supervised
15community service to pay the fee, the court assesses a lesser
16fee. The court may not impose the fee on a minor who is placed
17in the guardianship or custody of the Department of Children
18and Family Services under the Juvenile Court Act of 1987 while
19the minor is in placement. The fee shall be imposed only upon
20an offender who is actively supervised by the probation and
21court services department. The fee shall be collected by the
22clerk of the circuit court. The clerk of the circuit court
23shall pay all monies collected from this fee to the county
24treasurer for deposit in the probation and court services fund
25under Section 15.1 of the Probation and Probation Officers
26Act.

 

 

HB1134- 399 -LRB103 05118 RLC 50132 b

1    A circuit court may not impose a probation fee under this
2subsection (i) in excess of $25 per month unless the circuit
3court has adopted, by administrative order issued by the chief
4judge, a standard probation fee guide determining an
5offender's ability to pay. Of the amount collected as a
6probation fee, up to $5 of that fee collected per month may be
7used to provide services to crime victims and their families.
8    The Court may only waive probation fees based on an
9offender's ability to pay. The probation department may
10re-evaluate an offender's ability to pay every 6 months, and,
11with the approval of the Director of Court Services or the
12Chief Probation Officer, adjust the monthly fee amount. An
13offender may elect to pay probation fees due in a lump sum. Any
14offender that has been assigned to the supervision of a
15probation department, or has been transferred either under
16subsection (h) of this Section or under any interstate
17compact, shall be required to pay probation fees to the
18department supervising the offender, based on the offender's
19ability to pay.
20    Public Act 93-970 deletes the $10 increase in the fee
21under this subsection that was imposed by Public Act 93-616.
22This deletion is intended to control over any other Act of the
2393rd General Assembly that retains or incorporates that fee
24increase.
25    (i-5) In addition to the fees imposed under subsection (i)
26of this Section, in the case of an offender convicted of a

 

 

HB1134- 400 -LRB103 05118 RLC 50132 b

1felony sex offense (as defined in the Sex Offender Management
2Board Act) or an offense that the court or probation
3department has determined to be sexually motivated (as defined
4in the Sex Offender Management Board Act), the court or the
5probation department shall assess additional fees to pay for
6all costs of treatment, assessment, evaluation for risk and
7treatment, and monitoring the offender, based on that
8offender's ability to pay those costs either as they occur or
9under a payment plan.
10    (j) All fines and costs imposed under this Section for any
11violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
12Code, or a similar provision of a local ordinance, and any
13violation of the Child Passenger Protection Act, or a similar
14provision of a local ordinance, shall be collected and
15disbursed by the circuit clerk as provided under the Criminal
16and Traffic Assessment Act.
17    (k) Any offender who is sentenced to probation or
18conditional discharge for a felony sex offense as defined in
19the Sex Offender Management Board Act or any offense that the
20court or probation department has determined to be sexually
21motivated as defined in the Sex Offender Management Board Act
22shall be required to refrain from any contact, directly or
23indirectly, with any persons specified by the court and shall
24be available for all evaluations and treatment programs
25required by the court or the probation department.
26    (l) The court may order an offender who is sentenced to

 

 

HB1134- 401 -LRB103 05118 RLC 50132 b

1probation or conditional discharge for a violation of an order
2of protection be placed under electronic surveillance as
3provided in Section 5-8A-7 of this Code.
4(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
5    (730 ILCS 5/3-2-13 rep.)
6    Section 95.5. The Unified Code of Corrections is amended
7by repealing Section 3-2-13.
 
8    Section 96. The Probation and Probation Officers Act is
9amended by changing Section 15.2 as follows:
 
10    (730 ILCS 110/15.2)
11    Sec. 15.2. Retiring probation officer; purchase of service
12firearm and badge. Each department shall establish a program
13to allow a probation officer of the department who is
14honorably retiring in good standing to purchase either one or
15both of the following: (1) any badge previously issued to the
16probation officer by the department; or (2) if the probation
17officer has a currently valid Firearm Owner's Identification
18Card, the service firearm issued or previously issued to the
19probation officer by the department. The badge must be
20permanently and conspicuously marked in such a manner that the
21individual who possesses the badge is not mistaken for an
22actively serving law enforcement officer. The cost of the
23firearm shall be the replacement value of the firearm and not

 

 

HB1134- 402 -LRB103 05118 RLC 50132 b

1the firearm's fair market value.
2(Source: P.A. 102-719, eff. 5-6-22.)
 
3    Section 100. The Stalking No Contact Order Act is amended
4by changing Section 80 as follows:
 
5    (740 ILCS 21/80)
6    Sec. 80. Stalking no contact orders; remedies.
7    (a) If the court finds that the petitioner has been a
8victim of stalking, a stalking no contact order shall issue;
9provided that the petitioner must also satisfy the
10requirements of Section 95 on emergency orders or Section 100
11on plenary orders. The petitioner shall not be denied a
12stalking no contact order because the petitioner or the
13respondent is a minor. The court, when determining whether or
14not to issue a stalking no contact order, may not require
15physical injury on the person of the petitioner. Modification
16and extension of prior stalking no contact orders shall be in
17accordance with this Act.
18    (b) A stalking no contact order shall order one or more of
19the following:
20        (1) prohibit the respondent from threatening to commit
21    or committing stalking;
22        (2) order the respondent not to have any contact with
23    the petitioner or a third person specifically named by the
24    court;

 

 

HB1134- 403 -LRB103 05118 RLC 50132 b

1        (3) prohibit the respondent from knowingly coming
2    within, or knowingly remaining within a specified distance
3    of the petitioner or the petitioner's residence, school,
4    daycare, or place of employment, or any specified place
5    frequented by the petitioner; however, the court may order
6    the respondent to stay away from the respondent's own
7    residence, school, or place of employment only if the
8    respondent has been provided actual notice of the
9    opportunity to appear and be heard on the petition;
10        (4) prohibit the respondent from possessing a Firearm
11    Owners Identification Card, or possessing or buying
12    firearms; and
13        (5) order other injunctive relief the court determines
14    to be necessary to protect the petitioner or third party
15    specifically named by the court.
16    (b-5) When the petitioner and the respondent attend the
17same public, private, or non-public elementary, middle, or
18high school, the court when issuing a stalking no contact
19order and providing relief shall consider the severity of the
20act, any continuing physical danger or emotional distress to
21the petitioner, the educational rights guaranteed to the
22petitioner and respondent under federal and State law, the
23availability of a transfer of the respondent to another
24school, a change of placement or a change of program of the
25respondent, the expense, difficulty, and educational
26disruption that would be caused by a transfer of the

 

 

HB1134- 404 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 405 -LRB103 05118 RLC 50132 b

1or non-public school shall have sole discretion to determine
2the attendance center to which the respondent is transferred.
3In the event the court order results in a transfer of the minor
4respondent to another attendance center, a change in the
5respondent's placement, or a change of the respondent's
6program, the parents, guardian, or legal custodian of the
7respondent is responsible for transportation and other costs
8associated with the transfer or change.
9    (b-6) The court may order the parents, guardian, or legal
10custodian of a minor respondent to take certain actions or to
11refrain from taking certain actions to ensure that the
12respondent complies with the order. In the event the court
13orders a transfer of the respondent to another school, the
14parents, guardian, or legal custodian of the respondent are
15responsible for transportation and other costs associated with
16the change of school by the respondent.
17    (b-7) The court shall not hold a school district or
18private or non-public school or any of its employees in civil
19or criminal contempt unless the school district or private or
20non-public school has been allowed to intervene.
21    (b-8) The court may hold the parents, guardian, or legal
22custodian of a minor respondent in civil or criminal contempt
23for a violation of any provision of any order entered under
24this Act for conduct of the minor respondent in violation of
25this Act if the parents, guardian, or legal custodian
26directed, encouraged, or assisted the respondent minor in such

 

 

HB1134- 406 -LRB103 05118 RLC 50132 b

1conduct.
2    (c) The court may award the petitioner costs and attorneys
3fees if a stalking no contact order is granted.
4    (d) Monetary damages are not recoverable as a remedy.
5    (e) If the stalking no contact order prohibits the
6respondent from possessing a Firearm Owner's Identification
7Card, or possessing or buying firearms, ; the court shall
8confiscate the respondent's firearms Firearm Owner's
9Identification Card and immediately return the card to the
10Illinois State Police Firearm Owner's Identification Card
11Office.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    Section 105. The Mental Health and Developmental
14Disabilities Confidentiality Act is amended by changing
15Section 12 as follows:
 
16    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
17    Sec. 12. (a) If the United States Secret Service or the
18Illinois State Police requests information from a mental
19health or developmental disability facility, as defined in
20Section 1-107 and 1-114 of the Mental Health and Developmental
21Disabilities Code, relating to a specific recipient and the
22facility director determines that disclosure of such
23information may be necessary to protect the life of, or to
24prevent the infliction of great bodily harm to, a public

 

 

HB1134- 407 -LRB103 05118 RLC 50132 b

1official, or a person under the protection of the United
2States Secret Service, only the following information may be
3disclosed: the recipient's name, address, and age and the date
4of any admission to or discharge from a facility; and any
5information which would indicate whether or not the recipient
6has a history of violence or presents a danger of violence to
7the person under protection. Any information so disclosed
8shall be used for investigative purposes only and shall not be
9publicly disseminated. Any person participating in good faith
10in the disclosure of such information in accordance with this
11provision shall have immunity from any liability, civil,
12criminal or otherwise, if such information is disclosed
13relying upon the representation of an officer of the United
14States Secret Service or the Illinois State Police that a
15person is under the protection of the United States Secret
16Service or is a public official.
17    For the purpose of this subsection (a), the term "public
18official" means the Governor, Lieutenant Governor, Attorney
19General, Secretary of State, State Comptroller, State
20Treasurer, member of the General Assembly, member of the
21United States Congress, Judge of the United States as defined
22in 28 U.S.C. 451, Justice of the United States as defined in 28
23U.S.C. 451, United States Magistrate Judge as defined in 28
24U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
25Supreme, Appellate, Circuit, or Associate Judge of the State
26of Illinois. The term shall also include the spouse, child or

 

 

HB1134- 408 -LRB103 05118 RLC 50132 b

1children of a public official.
2    (b) The Department of Human Services (acting as successor
3to the Department of Mental Health and Developmental
4Disabilities) and all public or private hospitals and mental
5health facilities are required, as hereafter described in this
6subsection, to furnish the Illinois State Police only such
7information as may be required for the sole purpose of
8determining whether an individual who may be or may have been a
9patient is disqualified because of that status from receiving
10or retaining a firearm under paragraph (4) of subsection (a)
11of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
12Identification Card or falls within the federal prohibitors
13under subsection (e), (f), (g), (r), (s), or (t) of Section 8
14of the Firearm Owners Identification Card Act, or falls within
15the federal prohibitors in 18 U.S.C. 922(g) and (n). All
16physicians, clinical psychologists, or qualified examiners at
17public or private mental health facilities or parts thereof as
18defined in this subsection shall, in the form and manner
19required by the Department, provide notice directly to the
20Department of Human Services, or to his or her employer who
21shall then report to the Department, within 24 hours after
22determining that a person poses a clear and present danger to
23himself, herself, or others, or within 7 days after a person 14
24years or older is determined to be a person with a
25developmental disability by a physician, clinical
26psychologist, or qualified examiner as described in this

 

 

HB1134- 409 -LRB103 05118 RLC 50132 b

1subsection (b) Section 1.1 of the Firearm Owners
2Identification Card Act. If a person is a patient as described
3in clause (2)(A) (1) of the definition of "patient" in Section
4(2)(A) 1.1 of the Firearm Owners Identification Card Act, this
5information shall be furnished within 7 days after admission
6to a public or private hospital or mental health facility or
7the provision of services. Any such information disclosed
8under this subsection shall remain privileged and
9confidential, and shall not be redisclosed, except as required
10by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
11subsection (e) of Section 3.1 of the Firearm Owners
12Identification Card Act, nor utilized for any other purpose.
13The method of requiring the providing of such information
14shall guarantee that no information is released beyond what is
15necessary for this purpose. In addition, the information
16disclosed shall be provided by the Department within the time
17period established by Section 24-3 of the Criminal Code of
182012 regarding the delivery of firearms. The method used shall
19be sufficient to provide the necessary information within the
20prescribed time period, which may include periodically
21providing lists to the Department of Human Services or any
22public or private hospital or mental health facility of
23Firearm Owner's Identification Card applicants for firearm
24purchases on which the Department or hospital shall indicate
25the identities of those individuals who are to its knowledge
26disqualified from having a firearm Firearm Owner's

 

 

HB1134- 410 -LRB103 05118 RLC 50132 b

1Identification Card for reasons described herein. The
2Department may provide for a centralized source of information
3for the State on this subject under its jurisdiction. The
4identity of the person reporting under this subsection shall
5not be disclosed to the subject of the report. For the purposes
6of this subsection, the physician, clinical psychologist, or
7qualified examiner making the determination and his or her
8employer shall not be held criminally, civilly, or
9professionally liable for making or not making the
10notification required under this subsection, except for
11willful or wanton misconduct.
12    Any person, institution, or agency, under this Act,
13participating in good faith in the reporting or disclosure of
14records and communications otherwise in accordance with this
15provision or with rules, regulations or guidelines issued by
16the Department shall have immunity from any liability, civil,
17criminal or otherwise, that might result by reason of the
18action. For the purpose of any proceeding, civil or criminal,
19arising out of a report or disclosure in accordance with this
20provision, the good faith of any person, institution, or
21agency so reporting or disclosing shall be presumed. The full
22extent of the immunity provided in this subsection (b) shall
23apply to any person, institution or agency that fails to make a
24report or disclosure in the good faith belief that the report
25or disclosure would violate federal regulations governing the
26confidentiality of alcohol and drug abuse patient records

 

 

HB1134- 411 -LRB103 05118 RLC 50132 b

1implementing 42 U.S.C. 290dd-3 and 290ee-3.
2    For purposes of this subsection (b) only, the following
3terms shall have the meaning prescribed:
4        (1) (Blank).
5        (1.3) "Clear and present danger" has the meaning as
6    defined in Section 6-103.3 of the Mental Health and
7    Developmental Disabilities Code 1.1 of the Firearm Owners
8    Identification Card Act.
9        (1.5) "Person with a developmental disability" has the
10    meaning as defined in Section 1-106 of the Mental Health
11    and Developmental Disabilities Code 1.1 of the Firearm
12    Owners Identification Card Act.
13        (2) "Patient" means (A) a person who voluntarily
14    receives mental health treatment as an in-patient or
15    resident of any public or private mental health facility,
16    unless the treatment was solely for an alcohol abuse
17    disorder and no other secondary substance abuse disorder
18    or mental illness; or (B) a person who voluntarily
19    receives mental health treatment as an out-patient or is
20    provided services by a public or private mental health
21    facility, and who poses a clear and present danger to
22    himself, herself, or to others has the meaning as defined
23    in Section 1.1 of the Firearm Owners Identification Card
24    Act.
25        (3) "Mental health facility" means any licensed
26    private hospital or hospital affiliate, institution, or

 

 

HB1134- 412 -LRB103 05118 RLC 50132 b

1    facility, or part thereof, and any facility, or part
2    thereof, operated by the State or a political subdivision
3    thereof which provide treatment of persons with mental
4    illness and includes all hospitals, institutions, clinics,
5    evaluation facilities, mental health centers, colleges,
6    universities, long-term care facilities, and nursing
7    homes, or parts thereof, which provide treatment of
8    persons with mental illness whether or not the primary
9    purpose is to provide treatment of persons with mental
10    illness has the meaning as defined in Section 1.1 of the
11    Firearm Owners Identification Card Act.
12    (c) Upon the request of a peace officer who takes a person
13into custody and transports such person to a mental health or
14developmental disability facility pursuant to Section 3-606 or
154-404 of the Mental Health and Developmental Disabilities Code
16or who transports a person from such facility, a facility
17director shall furnish said peace officer the name, address,
18age and name of the nearest relative of the person transported
19to or from the mental health or developmental disability
20facility. In no case shall the facility director disclose to
21the peace officer any information relating to the diagnosis,
22treatment or evaluation of the person's mental or physical
23health.
24    For the purposes of this subsection (c), the terms "mental
25health or developmental disability facility", "peace officer"
26and "facility director" shall have the meanings ascribed to

 

 

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1them in the Mental Health and Developmental Disabilities Code.
2    (d) Upon the request of a peace officer or prosecuting
3authority who is conducting a bona fide investigation of a
4criminal offense, or attempting to apprehend a fugitive from
5justice, a facility director may disclose whether a person is
6present at the facility. Upon request of a peace officer or
7prosecuting authority who has a valid forcible felony warrant
8issued, a facility director shall disclose: (1) whether the
9person who is the subject of the warrant is present at the
10facility and (2) the date of that person's discharge or future
11discharge from the facility. The requesting peace officer or
12prosecuting authority must furnish a case number and the
13purpose of the investigation or an outstanding arrest warrant
14at the time of the request. Any person, institution, or agency
15participating in good faith in disclosing such information in
16accordance with this subsection (d) is immune from any
17liability, civil, criminal or otherwise, that might result by
18reason of the action.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 110. The Illinois Domestic Violence Act of 1986 is
21amended by changing Sections 210 and 214 as follows:
 
22    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
23    Sec. 210. Process.
24    (a) Summons. Any action for an order of protection,

 

 

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1whether commenced alone or in conjunction with another
2proceeding, is a distinct cause of action and requires that a
3separate summons be issued and served, except that in pending
4cases the following methods may be used:
5        (1) By delivery of the summons to respondent
6    personally in open court in pending civil or criminal
7    cases.
8        (2) By notice in accordance with Section 210.1 in
9    civil cases in which the defendant has filed a general
10    appearance.
11    The summons shall be in the form prescribed by Supreme
12Court Rule 101(d), except that it shall require respondent to
13answer or appear within 7 days. Attachments to the summons or
14notice shall include the petition for order of protection and
15supporting affidavits, if any, and any emergency order of
16protection that has been issued. The enforcement of an order
17of protection under Section 223 shall not be affected by the
18lack of service, delivery, or notice, provided the
19requirements of subsection (d) of that Section are otherwise
20met.
21    (b) Blank.
22    (c) Expedited service. The summons shall be served by the
23sheriff or other law enforcement officer at the earliest time
24and shall take precedence over other summonses except those of
25a similar emergency nature. Special process servers may be
26appointed at any time, and their designation shall not affect

 

 

HB1134- 415 -LRB103 05118 RLC 50132 b

1the responsibilities and authority of the sheriff or other
2official process servers. In counties with a population over
33,000,000, a special process server may not be appointed if
4the order of protection grants the surrender of a child, the
5surrender of a firearm or firearm owners identification card,
6or the exclusive possession of a shared residence.
7    (d) Remedies requiring actual notice. The counseling,
8payment of support, payment of shelter services, and payment
9of losses remedies provided by paragraphs 4, 12, 13, and 16 of
10subsection (b) of Section 214 may be granted only if
11respondent has been personally served with process, has
12answered or has made a general appearance.
13    (e) Remedies upon constructive notice. Service of process
14on a member of respondent's household or by publication shall
15be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
166, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
17214, but only if: (i) petitioner has made all reasonable
18efforts to accomplish actual service of process personally
19upon respondent, but respondent cannot be found to effect such
20service and (ii) petitioner files an affidavit or presents
21sworn testimony as to those efforts.
22    (f) Default. A plenary order of protection may be entered
23by default as follows:
24        (1) For any of the remedies sought in the petition, if
25    respondent has been served or given notice in accordance
26    with subsection (a) and if respondent then fails to appear

 

 

HB1134- 416 -LRB103 05118 RLC 50132 b

1    as directed or fails to appear on any subsequent
2    appearance or hearing date agreed to by the parties or set
3    by the court; or
4        (2) For any of the remedies provided in accordance
5    with subsection (e), if respondent fails to answer or
6    appear in accordance with the date set in the publication
7    notice or the return date indicated on the service of a
8    household member.
9    (g) Emergency orders. If an order is granted under
10subsection (c) of Section 217, the court shall immediately
11file a certified copy of the order with the sheriff or other
12law enforcement official charged with maintaining Department
13of State Police records.
14(Source: P.A. 101-508, eff. 1-1-20.)
 
15    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
16    Sec. 214. Order of protection; remedies.
17    (a) Issuance of order. If the court finds that petitioner
18has been abused by a family or household member or that
19petitioner is a high-risk adult who has been abused,
20neglected, or exploited, as defined in this Act, an order of
21protection prohibiting the abuse, neglect, or exploitation
22shall issue; provided that petitioner must also satisfy the
23requirements of one of the following Sections, as appropriate:
24Section 217 on emergency orders, Section 218 on interim
25orders, or Section 219 on plenary orders. Petitioner shall not

 

 

HB1134- 417 -LRB103 05118 RLC 50132 b

1be denied an order of protection because petitioner or
2respondent is a minor. The court, when determining whether or
3not to issue an order of protection, shall not require
4physical manifestations of abuse on the person of the victim.
5Modification and extension of prior orders of protection shall
6be in accordance with this Act.
7    (b) Remedies and standards. The remedies to be included in
8an order of protection shall be determined in accordance with
9this Section and one of the following Sections, as
10appropriate: Section 217 on emergency orders, Section 218 on
11interim orders, and Section 219 on plenary orders. The
12remedies listed in this subsection shall be in addition to
13other civil or criminal remedies available to petitioner.
14        (1) Prohibition of abuse, neglect, or exploitation.
15    Prohibit respondent's harassment, interference with
16    personal liberty, intimidation of a dependent, physical
17    abuse, or willful deprivation, neglect or exploitation, as
18    defined in this Act, or stalking of the petitioner, as
19    defined in Section 12-7.3 of the Criminal Code of 2012, if
20    such abuse, neglect, exploitation, or stalking has
21    occurred or otherwise appears likely to occur if not
22    prohibited.
23        (2) Grant of exclusive possession of residence.
24    Prohibit respondent from entering or remaining in any
25    residence, household, or premises of the petitioner,
26    including one owned or leased by respondent, if petitioner

 

 

HB1134- 418 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 419 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 420 -LRB103 05118 RLC 50132 b

1            (A) If an order of protection grants petitioner
2        exclusive possession of the residence, or prohibits
3        respondent from entering the residence, or orders
4        respondent to stay away from petitioner or other
5        protected persons, then the court may allow respondent
6        access to the residence to remove items of clothing
7        and personal adornment used exclusively by respondent,
8        medications, and other items as the court directs. The
9        right to access shall be exercised on only one
10        occasion as the court directs and in the presence of an
11        agreed-upon adult third party or law enforcement
12        officer.
13            (B) When the petitioner and the respondent attend
14        the same public, private, or non-public elementary,
15        middle, or high school, the court when issuing an
16        order of protection and providing relief shall
17        consider the severity of the act, any continuing
18        physical danger or emotional distress to the
19        petitioner, the educational rights guaranteed to the
20        petitioner and respondent under federal and State law,
21        the availability of a transfer of the respondent to
22        another school, a change of placement or a change of
23        program of the respondent, the expense, difficulty,
24        and educational disruption that would be caused by a
25        transfer of the respondent to another school, and any
26        other relevant facts of the case. The court may order

 

 

HB1134- 421 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 422 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 423 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 424 -LRB103 05118 RLC 50132 b

1    of Marriage Act, the Illinois Parentage Act of 2015, and
2    this State's Uniform Child-Custody Jurisdiction and
3    Enforcement Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 103) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary significant decision-making
8    responsibility to respondent would not be in the child's
9    best interest.
10        (7) Parenting time. Determine the parenting time, if
11    any, of respondent in any case in which the court awards
12    physical care or allocates temporary significant
13    decision-making responsibility of a minor child to
14    petitioner. The court shall restrict or deny respondent's
15    parenting time with a minor child if the court finds that
16    respondent has done or is likely to do any of the
17    following: (i) abuse or endanger the minor child during
18    parenting time; (ii) use the parenting time as an
19    opportunity to abuse or harass petitioner or petitioner's
20    family or household members; (iii) improperly conceal or
21    detain the minor child; or (iv) otherwise act in a manner
22    that is not in the best interests of the minor child. The
23    court shall not be limited by the standards set forth in
24    Section 603.10 of the Illinois Marriage and Dissolution of
25    Marriage Act. If the court grants parenting time, the
26    order shall specify dates and times for the parenting time

 

 

HB1134- 425 -LRB103 05118 RLC 50132 b

1    to take place or other specific parameters or conditions
2    that are appropriate. No order for parenting time shall
3    refer merely to the term "reasonable parenting time".
4        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.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for parenting time, and the parties 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

 

 

HB1134- 426 -LRB103 05118 RLC 50132 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 parties own the property jointly; sharing
9        it would risk abuse of petitioner by respondent or is
10        impracticable; and the balance of hardships favors
11        temporary possession by petitioner.
12        If petitioner's sole claim to ownership of the
13    property is that it is marital property, the court may
14    award petitioner temporary possession thereof under the
15    standards of subparagraph (ii) of this paragraph only if a
16    proper proceeding has been filed under the Illinois
17    Marriage and Dissolution of Marriage Act, as now or
18    hereafter amended.
19        No order under this provision shall affect title to
20    property.
21        (11) Protection of property. Forbid the respondent
22    from taking, transferring, encumbering, concealing,
23    damaging or otherwise disposing of any real or personal
24    property, except as explicitly authorized by the court,
25    if:
26            (i) petitioner, but not respondent, owns the

 

 

HB1134- 427 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 428 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 429 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 430 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 431 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 432 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 433 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 434 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 435 -LRB103 05118 RLC 50132 b

1        mobile device associated with the number.
2            (D) A wireless telephone service provider may
3        apply to the petitioner its routine and customary
4        requirements for establishing an account or
5        transferring a number, including requiring the
6        petitioner to provide proof of identification,
7        financial information, and customer preferences.
8            (E) Except for willful or wanton misconduct, a
9        wireless telephone service provider is immune from
10        civil liability for its actions taken in compliance
11        with a court order issued under this paragraph.
12            (F) All wireless service providers that provide
13        services to residential customers shall provide to the
14        Illinois Commerce Commission the name and address of
15        an agent for service of orders entered under this
16        paragraph (18). Any change in status of the registered
17        agent must be reported to the Illinois Commerce
18        Commission within 30 days of such change.
19            (G) The Illinois Commerce Commission shall
20        maintain the list of registered agents for service for
21        each wireless telephone service provider on the
22        Commission's website. The Commission may consult with
23        wireless telephone service providers and the Circuit
24        Court Clerks on the manner in which this information
25        is provided and displayed.
26    (c) Relevant factors; findings.

 

 

HB1134- 436 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 437 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 438 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 439 -LRB103 05118 RLC 50132 b

1    or acknowledgment, no putative father shall be granted
2    temporary allocation of parental responsibilities,
3    including parenting time with the minor child, or physical
4    care and possession of the minor child, nor shall an order
5    of payment for support of the minor child be entered.
6    (d) Balance of hardships; findings. If the court finds
7that the balance of hardships does not support the granting of
8a remedy governed by paragraph (2), (3), (10), (11), or (16) of
9subsection (b) of this Section, which may require such
10balancing, the court's findings shall so indicate and shall
11include a finding as to whether granting the remedy will
12result in hardship to respondent that would substantially
13outweigh the hardship to petitioner from denial of the remedy.
14The findings shall be an official record or in writing.
15    (e) Denial of remedies. Denial of any remedy shall not be
16based, in whole or in part, on evidence that:
17        (1) Respondent has cause for any use of force, unless
18    that cause satisfies the standards for justifiable use of
19    force provided by Article 7 of the Criminal Code of 2012;
20        (2) Respondent was voluntarily intoxicated;
21        (3) Petitioner acted in self-defense or defense of
22    another, provided that, if petitioner utilized force, such
23    force was justifiable under Article 7 of the Criminal Code
24    of 2012;
25        (4) Petitioner did not act in self-defense or defense
26    of another;

 

 

HB1134- 440 -LRB103 05118 RLC 50132 b

1        (5) Petitioner left the residence or household to
2    avoid further abuse, neglect, or exploitation by
3    respondent;
4        (6) Petitioner did not leave the residence or
5    household to avoid further abuse, neglect, or exploitation
6    by respondent;
7        (7) Conduct by any family or household member excused
8    the abuse, neglect, or exploitation by respondent, unless
9    that same conduct would have excused such abuse, neglect,
10    or exploitation if the parties had not been family or
11    household members.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    Section 115. The Uniform Disposition of Unclaimed Property
14Act is amended by changing Section 1 as follows:
 
15    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
16    Sec. 1. As used in this Act, unless the context otherwise
17requires:
18    (a) "Banking organization" means any bank, trust company,
19savings bank, industrial bank, land bank, safe deposit
20company, or a private banker.
21    (b) "Business association" means any corporation, joint
22stock company, business trust, partnership, or any
23association, limited liability company, or other business
24entity consisting of one or more persons, whether or not for

 

 

HB1134- 441 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 442 -LRB103 05118 RLC 50132 b

1furnishing of electricity, water, steam, oil or gas.
2    (i) (Blank).
3    (j) "Insurance company" means any person transacting the
4kinds of business enumerated in Section 4 of the Illinois
5Insurance Code other than life insurance.
6    (k) "Economic loss", as used in Sections 2a and 9 of this
7Act includes, but is not limited to, delivery charges,
8mark-downs and write-offs, carrying costs, restocking charges,
9lay-aways, special orders, issuance of credit memos, and the
10costs of special services or goods provided that reduce the
11property value or that result in lost sales opportunity.
12    (l) "Reportable property" means property, tangible or
13intangible, presumed abandoned under this Act that must be
14appropriately and timely reported and remitted to the Office
15of the State Treasurer under this Act. Interest, dividends,
16stock splits, warrants, or other rights that become reportable
17property under this Act include the underlying security or
18commodity giving rise to the interest, dividend, split,
19warrant, or other right to which the owner would be entitled.
20    (m) "Firearm" has the meaning ascribed to that term in
21Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
22Identification Card Act.
23(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
2491-748, eff. 6-2-00.)
 
25    Section 120. The Revised Uniform Unclaimed Property Act is

 

 

HB1134- 443 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 444 -LRB103 05118 RLC 50132 b

1    (c) Human remains. If human remains are delivered to the
2administrator under this Act, the administrator shall deliver
3those human remains to the coroner of the county in which the
4human remains were abandoned for disposition under Section
53-3034 of the Counties Code. The only human remains that may be
6delivered to the administrator under this Act and that the
7administrator may receive are those that are reported and
8delivered as contents of a safe deposit box.
9    (d) Evidence in a criminal investigation. Property that
10may have been used in the commission of a crime or that may
11assist in the investigation of a crime, as determined after
12consulting with the Illinois State Police, shall be delivered
13to the Illinois State Police or other appropriate law
14enforcement authority to allow law enforcement to determine
15whether a criminal investigation should take place. Any such
16property delivered to a law enforcement authority shall be
17held in accordance with existing statutes and rules related to
18the gathering, retention, and release of evidence.
19    (e) Firearms.
20        (1) The administrator, in cooperation with the
21    Illinois 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 Illinois State Police shall determine the
25    appropriate disposition of a firearm that has been stolen
26    or used in the commission of a crime. The administrator

 

 

HB1134- 445 -LRB103 05118 RLC 50132 b

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

 

 

HB1134- 446 -LRB103 05118 RLC 50132 b

1            (ii) transfer the firearm to the Illinois State
2        Museum if the firearm has historical value; or
3            (iii) destroy the firearm if it is not retained
4        pursuant to subparagraph (i) or transferred pursuant
5        to subparagraph (ii).
6    As used in this subsection, "firearm" has the meaning
7provided in Section 2-7.5 of the Criminal Code of 2012 the
8Firearm Owners Identification Card Act.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    Section 995. No acceleration or delay. Where this Act
11makes changes in a statute that is represented in this Act by
12text that is not yet or no longer in effect (for example, a
13Section represented by multiple versions), the use of that
14text does not accelerate or delay the taking effect of (i) the
15changes made by this Act or (ii) provisions derived from any
16other Public Act.
 
17    Section 999. Effective date. This Act takes effect upon
18becoming law.

 

 

HB1134- 447 -LRB103 05118 RLC 50132 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 140/7.5
5    5 ILCS 805/15
6    5 ILCS 830/10-5
7    5 ILCS 840/40
8    20 ILCS 805/805-538
9    20 ILCS 2505/2505-306
10    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13    20 ILCS 2605/2605-595
14    20 ILCS 2605/2605-605
15    20 ILCS 2605/2605-304 rep.
16    20 ILCS 2605/2605-610 rep.
17    20 ILCS 2610/17b
18    20 ILCS 2630/2.2
19    20 ILCS 2910/1from Ch. 127 1/2, par. 501
20    20 ILCS 3930/7.9
21    30 ILCS 105/6z-99
22    30 ILCS 105/6z-127
23    30 ILCS 715/3from Ch. 56 1/2, par. 1703
24    50 ILCS 710/1from Ch. 85, par. 515
25    50 ILCS 725/7.2 rep.

 

 

HB1134- 448 -LRB103 05118 RLC 50132 b

1    55 ILCS 5/3-6042
2    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
3    105 ILCS 5/10-27.1A
4    105 ILCS 5/34-8.05
5    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
6    225 ILCS 447/35-30
7    225 ILCS 447/35-35
8    230 ILCS 10/5.4
9    405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
10    405 ILCS 5/6-103.1
11    405 ILCS 5/6-103.2
12    405 ILCS 5/6-103.3
13    410 ILCS 45/2from Ch. 111 1/2, par. 1302
14    430 ILCS 65/Act rep.
15    430 ILCS 66/25
16    430 ILCS 66/30
17    430 ILCS 66/40
18    430 ILCS 66/66
19    430 ILCS 66/70
20    430 ILCS 66/80
21    430 ILCS 66/105
22    430 ILCS 67/35
23    430 ILCS 67/40
24    430 ILCS 68/5-20
25    430 ILCS 68/5-25
26    430 ILCS 68/5-40

 

 

HB1134- 449 -LRB103 05118 RLC 50132 b

1    430 ILCS 68/5-85
2    520 ILCS 5/3.2from Ch. 61, par. 3.2
3    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
4    625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
5    720 ILCS 5/2-7.1
6    720 ILCS 5/2-7.5
7    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
8    720 ILCS 5/16-0.1
9    720 ILCS 5/17-30was 720 ILCS 5/16C-2
10    720 ILCS 5/24-1from Ch. 38, par. 24-1
11    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
12    720 ILCS 5/24-1.6
13    720 ILCS 5/24-1.8
14    720 ILCS 5/24-2
15    720 ILCS 5/24-3from Ch. 38, par. 24-3
16    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
17    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
18    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
19    720 ILCS 5/24-3.5
20    720 ILCS 5/24-3B
21    720 ILCS 5/24-4.1
22    720 ILCS 5/24-4.5 new
23    720 ILCS 5/24-5.1
24    720 ILCS 5/24-9
25    720 ILCS 646/10
26    725 ILCS 5/102-7.1

 

 

HB1134- 450 -LRB103 05118 RLC 50132 b

1    725 ILCS 5/110-10from Ch. 38, par. 110-10
2    725 ILCS 5/112A-5.5
3    725 ILCS 5/112A-11.1
4    725 ILCS 5/112A-11.2
5    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
6    725 ILCS 5/112A-14.7
7    725 ILCS 5/112A-17.5
8    730 ILCS 5/3-2-10.5
9    730 ILCS 5/5-4.5-110
10    730 ILCS 5/5-5-3
11    730 ILCS 5/5-5-3.2
12    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
13    730 ILCS 5/3-2-13 rep.
14    730 ILCS 110/15.2
15    740 ILCS 21/80
16    740 ILCS 110/12from Ch. 91 1/2, par. 812
17    750 ILCS 60/210from Ch. 40, par. 2312-10
18    750 ILCS 60/214from Ch. 40, par. 2312-14
19    765 ILCS 1025/1from Ch. 141, par. 101
20    765 ILCS 1026/15-705