103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2985

 

Introduced 2/16/2023, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 26237 RLC 52596 b

 

 

A BILL FOR

 

HB2985LRB103 26237 RLC 52596 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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) Records exempt from disclosure under Section
6    2605-304 of the Illinois State Police Law of the Civil
7    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) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Department of State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

HB2985- 19 -LRB103 26237 RLC 52596 b

1(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
2101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
31-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
4eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
5101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
61-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
7eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
8102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
97-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
 
10    Section 5.5. The Illinois TRUST Act is amended by changing
11Section 15 as follows:
 
12    (5 ILCS 805/15)
13    Sec. 15. Prohibition on enforcing federal civil
14immigration laws.
15    (a) A law enforcement agency or law enforcement official
16shall not detain or continue to detain any individual solely
17on the basis of any immigration detainer or civil immigration
18warrant or otherwise comply with an immigration detainer or
19civil immigration warrant.
20    (b) A law enforcement agency or law enforcement official
21shall not stop, arrest, search, detain, or continue to detain
22a person solely based on an individual's citizenship or
23immigration status.
24    (c) (Blank).

 

 

HB2985- 20 -LRB103 26237 RLC 52596 b

1    (d) A law enforcement agency or law enforcement official
2acting in good faith in compliance with this Section who
3releases a person subject to an immigration detainer or civil
4immigration warrant shall have immunity from any civil or
5criminal liability that might otherwise occur as a result of
6making the release, with the exception of willful or wanton
7misconduct.
8    (e) A law enforcement agency or law enforcement official
9may not inquire about or investigate the citizenship or
10immigration status or place of birth of any individual in the
11agency or official's custody or who has otherwise been stopped
12or detained by the agency or official. Nothing in this
13subsection shall be construed to limit the ability of a law
14enforcement agency or law enforcement official, pursuant to
15State or federal law, to notify a person in the law enforcement
16agency's custody about that person's right to communicate with
17consular officers from that person's country of nationality,
18or facilitate such communication, in accordance with the
19Vienna Convention on Consular Relations or other bilateral
20agreements. Nothing in this subsection shall be construed to
21limit the ability of a law enforcement agency or law
22enforcement official to request evidence of citizenship or
23immigration status pursuant to the Firearm Owners
24Identification Card Act, the Firearm Concealed Carry Act,
25Article 24 of the Criminal Code of 2012, or 18 United States
26Code Sections 921 through 931.

 

 

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1    (f) Unless otherwise limited by federal law, a law
2enforcement agency or law enforcement official may not deny
3services, benefits, privileges, or opportunities to an
4individual in custody or under probation status, including,
5but not limited to, eligibility for or placement in a lower
6custody classification, educational, rehabilitative, or
7diversionary programs, on the basis of the individual's
8citizenship or immigration status, the issuance of an
9immigration detainer or civil immigration warrant against the
10individual, or the individual being in immigration removal
11proceedings.
12    (g)(1) No law enforcement agency, law enforcement
13official, or any unit of State or local government may enter
14into or renew any contract, intergovernmental service
15agreement, or any other agreement to house or detain
16individuals for federal civil immigration violations.
17    (2) Any law enforcement agency, law enforcement official,
18or unit of State or local government with an existing
19contract, intergovernmental agreement, or other agreement,
20whether in whole or in part, that is utilized to house or
21detain individuals for civil immigration violations shall
22exercise the termination provision in the agreement as applied
23to housing or detaining individuals for civil immigration
24violations no later than January 1, 2022.
25    (h) Unless presented with a federal criminal warrant, or
26otherwise required by federal law, a law enforcement agency or

 

 

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

 

 

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1    agent's inquiry or request for information regarding any
2    individual in the agency's custody; or
3        (7) provide to any immigration agent information not
4    otherwise available to the public relating to an
5    individual's release or contact information, or otherwise
6    facilitate for an immigration agent to apprehend or
7    question an individual for immigration enforcement.
8    (i) Nothing in this Section shall preclude a law
9enforcement official from otherwise executing that official's
10duties in investigating violations of criminal law and
11cooperating in such investigations with federal and other law
12enforcement agencies (including criminal investigations
13conducted by federal Homeland Security Investigations (HSI))
14in order to ensure public safety.
15(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
 
16    Section 6. The Gun Trafficking Information Act is amended
17by changing Section 10-5 as follows:
 
18    (5 ILCS 830/10-5)
19    Sec. 10-5. Gun trafficking information.
20    (a) The Illinois State Police shall use all reasonable
21efforts in making publicly available, on a regular and ongoing
22basis, key information related to firearms used in the
23commission of crimes in this State, including, but not limited
24to: reports on crimes committed with firearms, locations where

 

 

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1the crimes occurred, the number of persons killed or injured
2in the commission of the crimes, the state where the firearms
3used originated, the Federal Firearms Licensee that sold the
4firearm, the type of firearms used, annual statistical
5information concerning Firearm Owner's Identification Card and
6concealed carry license applications, revocations, and
7compliance with Section 9.5 of the Firearm Owners
8Identification Card Act, firearm restraining order
9dispositions, and firearm dealer license certification
10inspections. The Illinois State Police shall make the
11information available on its website, which may be presented
12in a dashboard format, in addition to electronically filing a
13report with the Governor and the General Assembly. The report
14to the General Assembly shall be filed with the Clerk of the
15House of Representatives and the Secretary of the Senate in
16electronic form only, in the manner that the Clerk and the
17Secretary shall direct.
18    (b) (Blank). The Illinois State Police shall study, on a
19regular and ongoing basis, and compile reports on the number
20of Firearm Owner's Identification Card checks to determine
21firearms trafficking or straw purchase patterns. The Illinois
22State Police shall, to the extent not inconsistent with law,
23share such reports and underlying data with academic centers,
24foundations, and law enforcement agencies studying firearms
25trafficking, provided that personally identifying information
26is protected. For purposes of this subsection (b), a Firearm

 

 

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1Owner's Identification Card number is not personally
2identifying information, provided that no other personal
3information of the card holder is attached to the record. The
4Illinois State Police may create and attach an alternate
5unique identifying number to each Firearm Owner's
6Identification Card number, instead of releasing the Firearm
7Owner's Identification Card number itself.
8    (c) Each department, office, division, and agency of this
9State shall, to the extent not inconsistent with law,
10cooperate fully with the Illinois State Police and furnish the
11Illinois State Police with all relevant information and
12assistance on a timely basis as is necessary to accomplish the
13purpose of this Act. The Illinois Criminal Justice Information
14Authority shall submit the information required in subsection
15(a) of this Section to the Illinois State Police, and any other
16information as the Illinois State Police may request, to
17assist the Illinois State Police in carrying out its duties
18under this Act.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    Section 7. The First Responders Suicide Prevention Act is
22amended by changing Section 40 as follows:
 
23    (5 ILCS 840/40)
24    Sec. 40. Task Force recommendations.

 

 

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1    (a) Task Force members shall recommend that agencies and
2organizations guarantee access to mental health and wellness
3services, including, but not limited to, peer support programs
4and providing ongoing education related to the ever-evolving
5concept of mental health wellness. These recommendations could
6be accomplished by:
7        (1) Revising agencies' and organizations' employee
8    assistance programs (EAPs).
9        (2) Urging health care providers to replace outdated
10    healthcare plans and include more progressive options
11    catering to the needs and disproportionate risks
12    shouldered by our first responders.
13        (3) Allocating funding or resources for public service
14    announcements (PSA) and messaging campaigns aimed at
15    raising awareness of available assistance options.
16        (4) Encouraging agencies and organizations to attach
17    lists of all available resources to training manuals and
18    continuing education requirements.
19    (b) Task Force members shall recommend agencies and
20organizations sponsor or facilitate first responders with
21specialized training in the areas of psychological fitness,
22depressive disorders, early detection, and mitigation best
23practices. Such trainings could be accomplished by:
24        (1) Assigning, appointing, or designating one member
25    of an agency or organization to attend specialized
26    training(s) sponsored by an accredited agency,

 

 

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1    association, or organization recognized in their fields of
2    study.
3        (2) Seeking sponsorships or conducting fund-raisers,
4    to host annual or semiannual on-site visits from qualified
5    clinicians or physicians to provide early detection
6    training techniques, or to provide regular access to
7    mental health professionals.
8        (3) Requiring a minimum number of hours of disorders
9    and wellness training be incorporated into reoccurring,
10    annual or biannual training standards, examinations, and
11    curriculums, taking into close consideration respective
12    agency or organization size, frequency, and number of all
13    current federal and state mandatory examinations and
14    trainings expected respectively.
15        (4) Not underestimating the crucial importance of a
16    balanced diet, sleep, mindfulness-based stress reduction
17    techniques, moderate and vigorous intensity activities,
18    and recreational hobbies, which have been scientifically
19    proven to play a major role in brain health and mental
20    wellness.
21    (c) Task Force members shall recommend that administrators
22and leadership personnel solicit training services from
23evidence-based, data driven organizations. Organizations with
24personnel trained on the analytical review and interpretation
25of specific fields related to the nature of first responders'
26exploits, such as PTSD, substance abuse, chronic state of

 

 

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1duress. Task Force members shall further recommend funding for
2expansion and messaging campaigns of preliminary
3self-diagnosing technologies like the one described above.
4These objectives could be met by:
5        (1) Contacting an accredited agency, association, or
6    organization recognized in the field or fields of specific
7    study. Unbeknownst to the majority, many of the agencies
8    and organizations listed above receive grants and
9    allocations to assist communities with the very issues
10    being discussed in this Section.
11        (2) Normalizing help-seeking behaviors for both first
12    responders and their families through regular messaging
13    and peer support outreach, beginning with academy
14    curricula and continuing education throughout individuals'
15    careers.
16        (3) Funding and implementing PSA campaigns that
17    provide clear and concise calls to action about mental
18    health and wellness, resiliency, help-seeking, treatment,
19    and recovery.
20        (4) Promoting and raising awareness of not-for-profit
21    non-for-profit organizations currently available to assist
22    individuals in search of care and treatment. Organizations
23    have intuitive user-friendly sites, most of which have
24    mobile applications, so first responders can access at a
25    moment's notice. However, because of limited funds, these
26    organizations have a challenging time of getting the word

 

 

HB2985- 29 -LRB103 26237 RLC 52596 b

1    out there about their existence.
2        (5) Expanding Family and Medical Leave Act protections
3    for individuals voluntarily seeking preventative
4    treatment.
5        (6) Promoting and ensuring complete patient
6    confidentiality protections.
7    (d) Task Force members shall recommend that agencies and
8organizations incorporate the following training components
9into already existing modules and educational curriculums.
10Doing so could be done by:
11        (1) Bolstering academy and school curricula by
12    requiring depressive disorder training catered to PTSD,
13    substance abuse, and early detection techniques training,
14    taking into close consideration respective agency or
15    organization size, and the frequency and number of all
16    current federal and state mandatory examinations and
17    trainings expected respectively.
18        (2) Continuing to allocate or match federal and state
19    funds to maintain Mobile Mobil Training Units (MTUs).
20        (3) Incorporating a state certificate for peer support
21    training into already exiting statewide curriculums and
22    mandatory examinations, annual State Fire Marshal
23    examinations, and physical fitness examinations. The
24    subject matter of the certificate should have an emphasis
25    on mental health and wellness, as well as familiarization
26    with topics ranging from clinical social work, clinical

 

 

HB2985- 30 -LRB103 26237 RLC 52596 b

1    psychology, clinical behaviorist, and clinical psychiatry.
2        (4) Incorporating and performing statewide mental
3    health check-ins during the same times as already mandated
4    trainings. These checks are not to be compared or used as
5    measures of fitness for duty evaluations or structured
6    psychological examinations.
7        (5) Recommending comprehensive and evidence-based
8    training on the importance of preventative measures on the
9    topics of sleep, nutrition, mindfulness, and physical
10    movement.
11        (6) (Blank). Law enforcement agencies should provide
12    training on the Firearm Owner's Identification Card Act,
13    including seeking relief from the Illinois State Police
14    under Section 10 of the Firearm Owners Identification Card
15    Act and a FOID card being a continued condition of
16    employment under Section 7.2 of the Uniform Peace
17    Officers' Disciplinary Act.
18(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)
 
19    Section 10. The Illinois State Police Law of the Civil
20Administrative Code of Illinois is amended by changing
21Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
 
22    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-10. Powers and duties, generally.
24    (a) The Illinois State Police shall exercise the rights,

 

 

HB2985- 31 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 32 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 33 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 34 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 35 -LRB103 26237 RLC 52596 b

1    owner's identification cards under the Firearm Owners
2    Identification Card Act and concealed carry licenses under
3    the Firearm Concealed Carry Act.
4        (13) Employ laboratory technicians and other specially
5    qualified persons to aid in the identification of criminal
6    activity and the identification, collection, and recovery
7    of cyber forensics, including but not limited to digital
8    evidence, and may employ polygraph operators.
9        (14) Undertake other identification, information,
10    laboratory, statistical, or registration activities that
11    may be required by law.
12    (b) Persons exercising the powers set forth in subsection
13(a) within the Illinois State Police are conservators of the
14peace and as such have all the powers possessed by policemen in
15cities and sheriffs, except that they may exercise those
16powers anywhere in the State in cooperation with and after
17contact with the local law enforcement officials. Those
18persons may use false or fictitious names in the performance
19of their duties under this Section, upon approval of the
20Director, and shall not be subject to prosecution under the
21criminal laws for that use.
22(Source: P.A. 102-538, eff. 8-20-21.)
 
23    (20 ILCS 2605/2605-595)
24    Sec. 2605-595. State Police Firearm Services Fund.
25    (a) There is created in the State treasury a special fund

 

 

HB2985- 36 -LRB103 26237 RLC 52596 b

1known as the State Police Firearm Services Fund. The Fund
2shall receive revenue under the Firearm Concealed Carry Act
3and , the Firearm Dealer License Certification Act, and
4Section 5 of the Firearm Owners Identification Card Act. The
5Fund may also receive revenue from grants, pass-through
6grants, donations, appropriations, and any other legal source.
7    (a-5) Notwithstanding any other provision of law to the
8contrary, and in addition to any other transfers that may be
9provided by law, on the effective date of this amendatory Act
10of the 102nd General Assembly, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the remaining balance from the
13Firearm Dealer License Certification Fund into the State
14Police Firearm Services Fund. Upon completion of the transfer,
15the Firearm Dealer License Certification Fund is dissolved,
16and any future deposits due to that Fund and any outstanding
17obligations or liabilities of that Fund shall pass to the
18State Police Firearm Services Fund.
19    (b) The Illinois State Police may use moneys in the Fund to
20finance any of its lawful purposes, mandates, functions, and
21duties under the Firearm Owners Identification Card Act, the
22Firearm Dealer License Certification Act, and the Firearm
23Concealed Carry Act, including the cost of sending notices of
24expiration of Firearm Owner's Identification Cards, concealed
25carry licenses, the prompt and efficient processing of
26applications under the Firearm Owners Identification Card Act

 

 

HB2985- 37 -LRB103 26237 RLC 52596 b

1and the Firearm Concealed Carry Act, the improved efficiency
2and reporting of the LEADS and federal NICS law enforcement
3data systems, and support for investigations required under
4these Acts and law. Any surplus funds beyond what is needed to
5comply with the aforementioned purposes shall be used by the
6Illinois State Police to improve the Law Enforcement Agencies
7Data System (LEADS) and criminal history background check
8system.
9    (c) Investment income that is attributable to the
10investment of moneys in the Fund shall be retained in the Fund
11for the uses specified in this Section.
12(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
 
13    (20 ILCS 2605/2605-120 rep.)
14    (20 ILCS 2605/2605-304 rep.)
15    Section 15. The Department of State Police Law of the
16Civil Administrative Code of Illinois is amended by repealing
17Sections 2605-120 and 2605-304.
 
18    Section 20. The Criminal Identification Act is amended by
19changing Section 2.2 as follows:
 
20    (20 ILCS 2630/2.2)
21    Sec. 2.2. Notification to the Illinois State Police. Upon
22judgment of conviction of a violation of Section 12-1, 12-2,
2312-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or

 

 

HB2985- 38 -LRB103 26237 RLC 52596 b

1the Criminal Code of 2012 when the defendant has been
2determined, pursuant to Section 112A-11.1 of the Code of
3Criminal Procedure of 1963, to be subject to the prohibitions
4of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
5notification and a copy of the written determination in a
6report of the conviction to the Illinois State Police Firearm
7Owner's Identification Card Office to enable the Illinois
8State Police office to perform its duties under the Firearm
9Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
10Identification Card Act and to report that determination to
11the Federal Bureau of Investigation to assist the Federal
12Bureau of Investigation in identifying persons prohibited from
13purchasing and possessing a firearm pursuant to the provisions
14of 18 U.S.C. 922. The written determination described in this
15Section shall be included in the defendant's record of arrest
16and conviction in the manner and form prescribed by the
17Illinois State Police.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 21. The Illinois Criminal Justice Information Act
20is amended by changing Section 7.9 as follows:
 
21    (20 ILCS 3930/7.9)
22    (Section scheduled to be repealed on July 1, 2027)
23    Sec. 7.9. Firearm Prohibitors and Records Improvement Task
24Force.

 

 

HB2985- 39 -LRB103 26237 RLC 52596 b

1    (a) As used in this Section, "firearms prohibitor" means
2any factor listed in Section 4 of the Firearm Owners
3Identification Card Act or Section 24-3 or 24-3.1 of the
4Criminal Code of 2012 that prohibits a person from
5transferring or possessing a firearm, firearm ammunition,
6Firearm Owner's Identification Card, or concealed carry
7license.
8    (b) The Firearm Prohibitors and Records Improvement Task
9Force is created to identify and research all available
10grants, resources, and revenue that may be applied for and
11used by all entities responsible for reporting federal and
12State firearm prohibitors to the Illinois State Police and the
13National Instant Criminal Background Check System. These Under
14the Firearm Owners Identification Card Act, these reporting
15entities include, but are not limited to, hospitals, courts,
16law enforcement and corrections. The Task Force shall identify
17weaknesses in reporting and recommend a strategy to direct
18resources and revenue to ensuring reporting is reliable,
19accurate, and timely. The Task Force shall inventory all
20statutorily mandated firearm and gun violence related data
21collection and reporting requirements, along with the agency
22responsible for collecting that data, and identify gaps in
23those requirements. The Task Force shall submit a coordinated
24application with and through the Illinois Criminal Justice
25Information Authority for federal funds from the National
26Criminal History Improvement Program and the NICS Acts Record

 

 

HB2985- 40 -LRB103 26237 RLC 52596 b

1Improvement Program. The Firearm Prohibitors and Records
2Improvement Task Force shall be comprised of the following
3members, all of whom shall serve without compensation:
4        (1) the Executive Director of the Illinois Criminal
5    Justice Information Authority, who shall serve as Chair;
6        (2) the Director of the Illinois State Police, or his
7    or her designee;
8        (3) the Secretary of Human Services, or his or her
9    designee;
10        (4) the Director of Corrections, or his or her
11    designee;
12        (5) the Attorney General, or his or her designee;
13        (6) the Director of the Administrative Office of the
14    Illinois Courts, or his or her designee;
15        (7) a representative of an association representing
16    circuit clerks appointed by the President of the Senate;
17        (8) a representative of an association representing
18    sheriffs appointed by the House Minority Leader;
19        (9) a representative of an association representing
20    State's Attorneys appointed by the House Minority Leader;
21        (10) a representative of an association representing
22    chiefs of police appointed by the Senate Minority Leader;
23        (11) a representative of an association representing
24    hospitals appointed by the Speaker of the House of
25    Representatives;
26        (12) a representative of an association representing

 

 

HB2985- 41 -LRB103 26237 RLC 52596 b

1    counties appointed by the President of the Senate; and
2        (13) a representative of an association representing
3    municipalities appointed by the Speaker of the House of
4    Representatives.
5    (c) The Illinois Criminal Justice Information Authority
6shall provide administrative and other support to the Task
7Force. The Illinois State Police Division of Justice Services
8shall also provide support to the Illinois Criminal Justice
9Information Authority and the Task Force.
10    (d) The Task Force may meet in person or virtually and
11shall issue a written report of its findings and
12recommendations to General Assembly on or before July 1, 2022.
13The Task Force shall issue an annual report, which shall
14include information on the state of FOID data, including a
15review of previous activity by the Task Force to close
16previously identified gaps; identifying known (or new) gaps; a
17proposal of policy and practice recommendations to close those
18gaps; and a preview of expected activities of the Task Force
19for the coming year.
20    (e) Within 60 days of the effective date of this
21amendatory Act of the 102nd General Assembly, the Chair shall
22establish the Task Force.
23    (f) This Section is repealed on July 1, 2027.
24(Source: P.A. 102-237, eff. 1-1-22.)
 
25    Section 25. The State Finance Act is amended by changing

 

 

HB2985- 42 -LRB103 26237 RLC 52596 b

1Sections 6z-99 and 6z-127 as follows:
 
2    (30 ILCS 105/6z-99)
3    Sec. 6z-99. The Mental Health Reporting Fund.
4    (a) There is created in the State treasury a special fund
5known as the Mental Health Reporting Fund. The Fund shall
6receive revenue under the Firearm Concealed Carry Act. The
7Fund may also receive revenue from grants, pass-through
8grants, donations, appropriations, and any other legal source.
9    (b) The Illinois State Police and Department of Human
10Services shall coordinate to use moneys in the Fund to finance
11their respective duties of collecting and reporting data on
12mental health records and ensuring that mental health firearm
13possession prohibitors are enforced as set forth under the
14Firearm Concealed Carry Act and the Firearm Owners
15Identification Card Act. Any surplus in the Fund beyond what
16is necessary to ensure compliance with mental health reporting
17under that Act these Acts shall be used by the Department of
18Human Services for mental health treatment programs as
19follows: (1) 50% shall be used to fund community-based mental
20health programs aimed at reducing gun violence, community
21integration and education, or mental health awareness and
22prevention, including administrative costs; and (2) 50% shall
23be used to award grants that use and promote the National
24School Mental Health Curriculum model for school-based mental
25health support, integration, and services.

 

 

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1    (c) Investment income that is attributable to the
2investment of moneys in the Fund shall be retained in the Fund
3for the uses specified in this Section.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5102-813, eff. 5-13-22.)
 
6    (30 ILCS 105/6z-127)
7    Sec. 6z-127. State Police Revocation Enforcement Fund.
8    (a) The State Police Revocation Enforcement Fund is
9established as a special fund in the State treasury. This Fund
10is established to receive moneys from the Firearm Owners
11Identification Card Act to enforce that Act, the Firearm
12Concealed Carry Act, Article 24 of the Criminal Code of 2012,
13and other firearm offenses. The Fund may also receive revenue
14from grants, donations, appropriations, and any other legal
15source.
16    (b) The Illinois State Police may use moneys from the Fund
17to establish task forces and, if necessary, include other law
18enforcement agencies, under intergovernmental contracts
19written and executed in conformity with the Intergovernmental
20Cooperation Act.
21    (c) The Illinois State Police may use moneys in the Fund to
22hire and train State Police officers and for the prevention of
23violent crime.
24    (d) The State Police Revocation Enforcement Fund is not
25subject to administrative chargebacks.

 

 

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1    (e) (Blank). Law enforcement agencies that participate in
2Firearm Owner's Identification Card revocation enforcement in
3the Violent Crime Intelligence Task Force may apply for grants
4from the Illinois State Police.
5(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
6    Section 25.5. The Illinois Procurement Code is amended by
7changing Section 1-10 as follows:
 
8    (30 ILCS 500/1-10)
9    Sec. 1-10. Application.
10    (a) This Code applies only to procurements for which
11bidders, offerors, potential contractors, or contractors were
12first solicited on or after July 1, 1998. This Code shall not
13be construed to affect or impair any contract, or any
14provision of a contract, entered into based on a solicitation
15prior to the implementation date of this Code as described in
16Article 99, including, but not limited to, any covenant
17entered into with respect to any revenue bonds or similar
18instruments. All procurements for which contracts are
19solicited between the effective date of Articles 50 and 99 and
20July 1, 1998 shall be substantially in accordance with this
21Code and its intent.
22    (b) This Code shall apply regardless of the source of the
23funds with which the contracts are paid, including federal
24assistance moneys. This Code shall not apply to:

 

 

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1        (1) Contracts between the State and its political
2    subdivisions or other governments, or between State
3    governmental bodies, except as specifically provided in
4    this Code.
5        (2) Grants, except for the filing requirements of
6    Section 20-80.
7        (3) Purchase of care, except as provided in Section
8    5-30.6 of the Illinois Public Aid Code and this Section.
9        (4) Hiring of an individual as an employee and not as
10    an independent contractor, whether pursuant to an
11    employment code or policy or by contract directly with
12    that individual.
13        (5) Collective bargaining contracts.
14        (6) Purchase of real estate, except that notice of
15    this type of contract with a value of more than $25,000
16    must be published in the Procurement Bulletin within 10
17    calendar days after the deed is recorded in the county of
18    jurisdiction. The notice shall identify the real estate
19    purchased, the names of all parties to the contract, the
20    value of the contract, and the effective date of the
21    contract.
22        (7) Contracts necessary to prepare for anticipated
23    litigation, enforcement actions, or investigations,
24    provided that the chief legal counsel to the Governor
25    shall give his or her prior approval when the procuring
26    agency is one subject to the jurisdiction of the Governor,

 

 

HB2985- 46 -LRB103 26237 RLC 52596 b

1    and provided that the chief legal counsel of any other
2    procuring entity subject to this Code shall give his or
3    her prior approval when the procuring entity is not one
4    subject to the jurisdiction of the Governor.
5        (8) (Blank).
6        (9) Procurement expenditures by the Illinois
7    Conservation Foundation when only private funds are used.
8        (10) (Blank).
9        (11) Public-private agreements entered into according
10    to the procurement requirements of Section 20 of the
11    Public-Private Partnerships for Transportation Act and
12    design-build agreements entered into according to the
13    procurement requirements of Section 25 of the
14    Public-Private Partnerships for Transportation Act.
15        (12) (A) Contracts for legal, financial, and other
16    professional and artistic services entered into by the
17    Illinois Finance Authority in which the State of Illinois
18    is not obligated. Such contracts shall be awarded through
19    a competitive process authorized by the members of the
20    Illinois Finance Authority and are subject to Sections
21    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
22    as well as the final approval by the members of the
23    Illinois Finance Authority of the terms of the contract.
24        (B) Contracts for legal and financial services entered
25    into by the Illinois Housing Development Authority in
26    connection with the issuance of bonds in which the State

 

 

HB2985- 47 -LRB103 26237 RLC 52596 b

1    of Illinois is not obligated. Such contracts shall be
2    awarded through a competitive process authorized by the
3    members of the Illinois Housing Development Authority and
4    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
5    and 50-37 of this Code, as well as the final approval by
6    the members of the Illinois Housing Development Authority
7    of the terms of the contract.
8        (13) Contracts for services, commodities, and
9    equipment to support the delivery of timely forensic
10    science services in consultation with and subject to the
11    approval of the Chief Procurement Officer as provided in
12    subsection (d) of Section 5-4-3a of the Unified Code of
13    Corrections, except for the requirements of Sections
14    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
15    Code; however, the Chief Procurement Officer may, in
16    writing with justification, waive any certification
17    required under Article 50 of this Code. For any contracts
18    for services which are currently provided by members of a
19    collective bargaining agreement, the applicable terms of
20    the collective bargaining agreement concerning
21    subcontracting shall be followed.
22        On and after January 1, 2019, this paragraph (13),
23    except for this sentence, is inoperative.
24        (14) Contracts for participation expenditures required
25    by a domestic or international trade show or exhibition of
26    an exhibitor, member, or sponsor.

 

 

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1        (15) Contracts with a railroad or utility that
2    requires the State to reimburse the railroad or utilities
3    for the relocation of utilities for construction or other
4    public purpose. Contracts included within this paragraph
5    (15) shall include, but not be limited to, those
6    associated with: relocations, crossings, installations,
7    and maintenance. For the purposes of this paragraph (15),
8    "railroad" means any form of non-highway ground
9    transportation that runs on rails or electromagnetic
10    guideways and "utility" means: (1) public utilities as
11    defined in Section 3-105 of the Public Utilities Act, (2)
12    telecommunications carriers as defined in Section 13-202
13    of the Public Utilities Act, (3) electric cooperatives as
14    defined in Section 3.4 of the Electric Supplier Act, (4)
15    telephone or telecommunications cooperatives as defined in
16    Section 13-212 of the Public Utilities Act, (5) rural
17    water or waste water systems with 10,000 connections or
18    less, (6) a holder as defined in Section 21-201 of the
19    Public Utilities Act, and (7) municipalities owning or
20    operating utility systems consisting of public utilities
21    as that term is defined in Section 11-117-2 of the
22    Illinois Municipal Code.
23        (16) Procurement expenditures necessary for the
24    Department of Public Health to provide the delivery of
25    timely newborn screening services in accordance with the
26    Newborn Metabolic Screening Act.

 

 

HB2985- 49 -LRB103 26237 RLC 52596 b

1        (17) Procurement expenditures necessary for the
2    Department of Agriculture, the Department of Financial and
3    Professional Regulation, the Department of Human Services,
4    and the Department of Public Health to implement the
5    Compassionate Use of Medical Cannabis Program and Opioid
6    Alternative Pilot Program requirements and ensure access
7    to medical cannabis for patients with debilitating medical
8    conditions in accordance with the Compassionate Use of
9    Medical Cannabis Program Act.
10        (18) This Code does not apply to any procurements
11    necessary for the Department of Agriculture, the
12    Department of Financial and Professional Regulation, the
13    Department of Human Services, the Department of Commerce
14    and Economic Opportunity, and the Department of Public
15    Health to implement the Cannabis Regulation and Tax Act if
16    the applicable agency has made a good faith determination
17    that it is necessary and appropriate for the expenditure
18    to fall within this exemption and if the process is
19    conducted in a manner substantially in accordance with the
20    requirements of Sections 20-160, 25-60, 30-22, 50-5,
21    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
22    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
23    Section 50-35, compliance applies only to contracts or
24    subcontracts over $100,000. Notice of each contract
25    entered into under this paragraph (18) that is related to
26    the procurement of goods and services identified in

 

 

HB2985- 50 -LRB103 26237 RLC 52596 b

1    paragraph (1) through (9) of this subsection shall be
2    published in the Procurement Bulletin within 14 calendar
3    days after contract execution. The Chief Procurement
4    Officer shall prescribe the form and content of the
5    notice. Each agency shall provide the Chief Procurement
6    Officer, on a monthly basis, in the form and content
7    prescribed by the Chief Procurement Officer, a report of
8    contracts that are related to the procurement of goods and
9    services identified in this subsection. At a minimum, this
10    report shall include the name of the contractor, a
11    description of the supply or service provided, the total
12    amount of the contract, the term of the contract, and the
13    exception to this Code utilized. A copy of any or all of
14    these contracts shall be made available to the Chief
15    Procurement Officer immediately upon request. The Chief
16    Procurement Officer shall submit a report to the Governor
17    and General Assembly no later than November 1 of each year
18    that includes, at a minimum, an annual summary of the
19    monthly information reported to the Chief Procurement
20    Officer. This exemption becomes inoperative 5 years after
21    June 25, 2019 (the effective date of Public Act 101-27).
22        (19) Acquisition of modifications or adjustments,
23    limited to assistive technology devices and assistive
24    technology services, adaptive equipment, repairs, and
25    replacement parts to provide reasonable accommodations (i)
26    that enable a qualified applicant with a disability to

 

 

HB2985- 51 -LRB103 26237 RLC 52596 b

1    complete the job application process and be considered for
2    the position such qualified applicant desires, (ii) that
3    modify or adjust the work environment to enable a
4    qualified current employee with a disability to perform
5    the essential functions of the position held by that
6    employee, (iii) to enable a qualified current employee
7    with a disability to enjoy equal benefits and privileges
8    of employment as are enjoyed by other similarly situated
9    employees without disabilities, and (iv) that allow a
10    customer, client, claimant, or member of the public
11    seeking State services full use and enjoyment of and
12    access to its programs, services, or benefits.
13        For purposes of this paragraph (19):
14        "Assistive technology devices" means any item, piece
15    of equipment, or product system, whether acquired
16    commercially off the shelf, modified, or customized, that
17    is used to increase, maintain, or improve functional
18    capabilities of individuals with disabilities.
19        "Assistive technology services" means any service that
20    directly assists an individual with a disability in
21    selection, acquisition, or use of an assistive technology
22    device.
23        "Qualified" has the same meaning and use as provided
24    under the federal Americans with Disabilities Act when
25    describing an individual with a disability.
26        (20) Procurement expenditures necessary for the

 

 

HB2985- 52 -LRB103 26237 RLC 52596 b

1    Illinois Commerce Commission to hire third-party
2    facilitators pursuant to Sections 16-105.17 and 16-108.18
3    of the Public Utilities Act or an ombudsman pursuant to
4    Section 16-107.5 of the Public Utilities Act, a
5    facilitator pursuant to Section 16-105.17 of the Public
6    Utilities Act, or a grid auditor pursuant to Section
7    16-105.10 of the Public Utilities Act.
8        (21) Procurement expenditures for the purchase,
9    renewal, and expansion of software, software licenses, or
10    software maintenance agreements that support the efforts
11    of the Illinois State Police to enforce, regulate, and
12    administer the Firearm Owners Identification Card Act, the
13    Firearm Concealed Carry Act, the Firearms Restraining
14    Order Act, the Firearm Dealer License Certification Act,
15    the Law Enforcement Agencies Data System (LEADS), the
16    Uniform Crime Reporting Act, the Criminal Identification
17    Act, the Uniform Conviction Information Act, and the Gun
18    Trafficking Information Act, or establish or maintain
19    record management systems necessary to conduct human
20    trafficking investigations or gun trafficking or other
21    stolen firearm investigations. This paragraph (21) applies
22    to contracts entered into on or after the effective date
23    of this amendatory Act of the 102nd General Assembly and
24    the renewal of contracts that are in effect on the
25    effective date of this amendatory Act of the 102nd General
26    Assembly.

 

 

HB2985- 53 -LRB103 26237 RLC 52596 b

1    Notwithstanding any other provision of law, for contracts
2with an annual value of more than $100,000 entered into on or
3after October 1, 2017 under an exemption provided in any
4paragraph of this subsection (b), except paragraph (1), (2),
5or (5), each State agency shall post to the appropriate
6procurement bulletin the name of the contractor, a description
7of the supply or service provided, the total amount of the
8contract, the term of the contract, and the exception to the
9Code utilized. The chief procurement officer shall submit a
10report to the Governor and General Assembly no later than
11November 1 of each year that shall include, at a minimum, an
12annual summary of the monthly information reported to the
13chief procurement officer.
14    (c) This Code does not apply to the electric power
15procurement process provided for under Section 1-75 of the
16Illinois Power Agency Act and Section 16-111.5 of the Public
17Utilities Act.
18    (d) Except for Section 20-160 and Article 50 of this Code,
19and as expressly required by Section 9.1 of the Illinois
20Lottery Law, the provisions of this Code do not apply to the
21procurement process provided for under Section 9.1 of the
22Illinois Lottery Law.
23    (e) This Code does not apply to the process used by the
24Capital Development Board to retain a person or entity to
25assist the Capital Development Board with its duties related
26to the determination of costs of a clean coal SNG brownfield

 

 

HB2985- 54 -LRB103 26237 RLC 52596 b

1facility, as defined by Section 1-10 of the Illinois Power
2Agency Act, as required in subsection (h-3) of Section 9-220
3of the Public Utilities Act, including calculating the range
4of capital costs, the range of operating and maintenance
5costs, or the sequestration costs or monitoring the
6construction of clean coal SNG brownfield facility for the
7full duration of construction.
8    (f) (Blank).
9    (g) (Blank).
10    (h) This Code does not apply to the process to procure or
11contracts entered into in accordance with Sections 11-5.2 and
1211-5.3 of the Illinois Public Aid Code.
13    (i) Each chief procurement officer may access records
14necessary to review whether a contract, purchase, or other
15expenditure is or is not subject to the provisions of this
16Code, unless such records would be subject to attorney-client
17privilege.
18    (j) This Code does not apply to the process used by the
19Capital Development Board to retain an artist or work or works
20of art as required in Section 14 of the Capital Development
21Board Act.
22    (k) This Code does not apply to the process to procure
23contracts, or contracts entered into, by the State Board of
24Elections or the State Electoral Board for hearing officers
25appointed pursuant to the Election Code.
26    (l) This Code does not apply to the processes used by the

 

 

HB2985- 55 -LRB103 26237 RLC 52596 b

1Illinois Student Assistance Commission to procure supplies and
2services paid for from the private funds of the Illinois
3Prepaid Tuition Fund. As used in this subsection (l), "private
4funds" means funds derived from deposits paid into the
5Illinois Prepaid Tuition Trust Fund and the earnings thereon.
6    (m) This Code shall apply regardless of the source of
7funds with which contracts are paid, including federal
8assistance moneys. Except as specifically provided in this
9Code, this Code shall not apply to procurement expenditures
10necessary for the Department of Public Health to conduct the
11Healthy Illinois Survey in accordance with Section 2310-431 of
12the Department of Public Health Powers and Duties Law of the
13Civil Administrative Code of Illinois.
14(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
15101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
161-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
17eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
18102-1116, eff. 1-10-23.)
 
19    Section 26. The Intergovernmental Drug Laws Enforcement
20Act is amended by changing Section 3 as follows:
 
21    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
22    Sec. 3. A Metropolitan Enforcement Group which meets the
23minimum criteria established in this Section is eligible to
24receive State grants to help defray the costs of operation. To

 

 

HB2985- 56 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 57 -LRB103 26237 RLC 52596 b

1    to assure compliance with this Act and to enable the
2    Illinois State Police to fulfill its duties under this
3    Act, and supply the Illinois State Police with all
4    information the Illinois State Police deems necessary
5    therefor.
6        (6) Receive funding of at least 50% of the total
7    operating budget of the MEG from the participating units
8    of local government.
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
10102-813, eff. 5-13-22.)
 
11    Section 30. The Peace Officer Firearm Training Act is
12amended by changing Section 1 as follows:
 
13    (50 ILCS 710/1)  (from Ch. 85, par. 515)
14    Sec. 1. Definitions. As used in this Act:
15    (a) "Peace officer" means (i) any person who by virtue of
16his office or public employment is vested by law with a primary
17duty to maintain public order or to make arrests for offenses,
18whether that duty extends to all offenses or is limited to
19specific offenses, and who is employed in such capacity by any
20county or municipality or (ii) any retired law enforcement
21officers qualified under federal law to carry a concealed
22weapon.
23    (a-5) "Probation officer" means a county probation officer
24authorized by the Chief Judge of the Circuit Court to carry a

 

 

HB2985- 58 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 59 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 60 -LRB103 26237 RLC 52596 b

1authorize the superintendent of the district or the principal,
2assistant principal, or dean of students of any school to
3suspend pupils guilty of such acts for a period not to exceed
410 school days. If a pupil is suspended due to gross
5disobedience or misconduct on a school bus, the board may
6suspend the pupil in excess of 10 school days for safety
7reasons.
8    Any suspension shall be reported immediately to the
9parents or guardian of a pupil along with a full statement of
10the reasons for such suspension and a notice of their right to
11a review. The school board must be given a summary of the
12notice, including the reason for the suspension and the
13suspension length. Upon request of the parents or guardian,
14the school board or a hearing officer appointed by it shall
15review such action of the superintendent or principal,
16assistant principal, or dean of students. At such review, the
17parents or guardian of the pupil may appear and discuss the
18suspension with the board or its hearing officer. If a hearing
19officer is appointed by the board, he shall report to the board
20a written summary of the evidence heard at the meeting. After
21its hearing or upon receipt of the written report of its
22hearing officer, the board may take such action as it finds
23appropriate. If a student is suspended pursuant to this
24subsection (b), the board shall, in the written suspension
25decision, detail the specific act of gross disobedience or
26misconduct resulting in the decision to suspend. The

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2985- 67 -LRB103 26237 RLC 52596 b

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

 

 

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1    (j) Subsections (a) through (i) of this Section shall
2apply to elementary and secondary schools, charter schools,
3special charter districts, and school districts organized
4under Article 34 of this Code.
5    (k) The expulsion of children enrolled in programs funded
6under Section 1C-2 of this Code is subject to the requirements
7under paragraph (7) of subsection (a) of Section 2-3.71 of
8this Code.
9    (l) Beginning with the 2018-2019 school year, an in-school
10suspension program provided by a school district for any
11students in kindergarten through grade 12 may focus on
12promoting non-violent conflict resolution and positive
13interaction with other students and school personnel. A school
14district may employ a school social worker or a licensed
15mental health professional to oversee an in-school suspension
16program in kindergarten through grade 12.
17(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (Text of Section after amendment by P.A. 102-466)
20    Sec. 10-22.6. Suspension or expulsion of pupils; school
21searches.
22    (a) To expel pupils guilty of gross disobedience or
23misconduct, including gross disobedience or misconduct
24perpetuated by electronic means, pursuant to subsection (b-20)
25of this Section, and no action shall lie against them for such

 

 

HB2985- 69 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 70 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 71 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 72 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 73 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 74 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 75 -LRB103 26237 RLC 52596 b

1suspension or expulsion proceeding under this subsection
2(b-35) must be conducted independently from any ongoing
3criminal investigation or proceeding, and an absence of
4pending or possible criminal charges, criminal investigations,
5or proceedings may not be a factor in school disciplinary
6decisions.
7    (b-40) During a suspension review hearing conducted under
8subsection (b) or an expulsion hearing conducted under
9subsection (a) that involves allegations of sexual violence by
10the student who is subject to discipline, neither the student
11nor his or her representative shall directly question nor have
12direct contact with the alleged victim. The student who is
13subject to discipline or his or her representative may, at the
14discretion and direction of the school board or its appointed
15hearing officer, suggest questions to be posed by the school
16board or its appointed hearing officer to the alleged victim.
17    (c) A school board must invite a representative from a
18local mental health agency to consult with the board at the
19meeting whenever there is evidence that mental illness may be
20the cause of a student's expulsion or suspension.
21    (c-5) School districts shall make reasonable efforts to
22provide ongoing professional development to teachers,
23administrators, school board members, school resource
24officers, and staff on the adverse consequences of school
25exclusion and justice-system involvement, effective classroom
26management strategies, culturally responsive discipline, the

 

 

HB2985- 76 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 77 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 78 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 79 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 80 -LRB103 26237 RLC 52596 b

1this Code.
2    (l) Beginning with the 2018-2019 school year, an in-school
3suspension program provided by a school district for any
4students in kindergarten through grade 12 may focus on
5promoting non-violent conflict resolution and positive
6interaction with other students and school personnel. A school
7district may employ a school social worker or a licensed
8mental health professional to oversee an in-school suspension
9program in kindergarten through grade 12.
10(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
11102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
12    (105 ILCS 5/10-27.1A)
13    Sec. 10-27.1A. Firearms in schools.
14    (a) All school officials, including teachers, school
15counselors, and support staff, shall immediately notify the
16office of the principal in the event that they observe any
17person in possession of a firearm on school grounds; provided
18that taking such immediate action to notify the office of the
19principal would not immediately endanger the health, safety,
20or welfare of students who are under the direct supervision of
21the school official or the school official. If the health,
22safety, or welfare of students under the direct supervision of
23the school official or of the school official is immediately
24endangered, the school official shall notify the office of the
25principal as soon as the students under his or her supervision

 

 

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

 

 

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

 

 

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1State Police. The State Board of Education shall compile this
2information by school district and make it available to the
3public.
4    (d) As used in this Section, the term "firearm" shall have
5the meaning ascribed to it in Section 2-7.5 of the Criminal
6Code of 2012 1.1 of the Firearm Owners Identification Card
7Act.
8    As used in this Section, the term "school" means any
9public or private elementary or secondary school.
10    As used in this Section, the term "school grounds"
11includes the real property comprising any school, any
12conveyance owned, leased, or contracted by a school to
13transport students to or from school or a school-related
14activity, or any public way within 1,000 feet of the real
15property comprising any school.
16(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    (105 ILCS 5/34-8.05)
19    Sec. 34-8.05. Reporting firearms in schools. On or after
20January 1, 1997, upon receipt of any written, electronic, or
21verbal report from any school personnel regarding a verified
22incident involving a firearm in a school or on school owned or
23leased property, including any conveyance owned, leased, or
24used by the school for the transport of students or school
25personnel, the general superintendent or his or her designee

 

 

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

 

 

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1        (5) is an unlawful user of or addicted to any
2    controlled substance as defined in Section 102 of the
3    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
4    seq.);
5        (6) has been adjudicated a person with a mental
6    disability as defined in Section 6-103.1 of the Mental
7    Health and Developmental Disabilities Code 1.1 of the
8    Firearm Owners Identification Card Act; or
9        (7) is not a legal citizen of the United States or
10    lawfully admitted for permanent residence.
11    (b) A person who has been granted a "relief from
12disabilities" regarding criminal convictions and indictments,
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
14845) may receive a license provided all other qualifications
15under this Act are met.
16(Source: P.A. 101-541, eff. 8-23-19.)
 
17    Section 45. The Private Detective, Private Alarm, Private
18Security, and Locksmith Act of 2004 is amended by changing
19Sections 35-30 and 35-35 as follows:
 
20    (225 ILCS 447/35-30)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 35-30. Employee requirements. All employees of a
23licensed agency, other than those exempted, shall apply for a
24permanent employee registration card. The holder of an agency

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2985- 94 -LRB103 26237 RLC 52596 b

1required forms and fees have been submitted by another agency,
2licensee or the permanent employee and all other requirements
3of this Section are met.
4    The Department shall have the authority to revoke, without
5a hearing, the temporary authority of an individual to work
6upon receipt of Federal Bureau of Investigation fingerprint
7data or a report of another official authority indicating a
8criminal conviction. If the Department has not received a
9temporary employee's Federal Bureau of Investigation
10fingerprint data within 120 days of the date the Department
11received the Illinois State Police fingerprint data, the
12Department may, at its discretion, revoke the employee's
13temporary authority to work with 15 days written notice to the
14individual and the employing agency.
15    An agency may not employ a person in a temporary capacity
16if it knows or reasonably should have known that the person has
17been convicted of a crime under the laws of this State, has
18been convicted in another state of any crime that is a crime
19under the laws of this State, has been convicted of any crime
20in a federal court, or has been posted as an unapproved
21applicant by the Department. Notice by the Department to the
22agency, via certified mail, personal delivery, electronic
23mail, or posting on the Department's Internet site accessible
24to the agency that the person has been convicted of a crime
25shall be deemed constructive knowledge of the conviction on
26the part of the agency. The Department may adopt rules to

 

 

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

 

 

HB2985- 96 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

HB2985- 98 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 99 -LRB103 26237 RLC 52596 b

1employed as a peace officer and continues to perform services
2in an armed capacity under this Act that are licensed
3activities, then the individual is required to obtain a
4permanent employee registration card pursuant to Section 35-30
5of this Act and must possess a valid Firearm Owner's
6Identification Card, but is not required to obtain a firearm
7control card if the individual is otherwise in continuing
8compliance with the federal Law Enforcement Officers Safety
9Act of 2004. If an individual elects to carry a firearm
10pursuant to the federal Law Enforcement Officers Safety Act of
112004, then the agency employing the officer is required to
12submit a notice of that election to the Department along with a
13fee specified by rule.
14    (h) The Department may issue a temporary firearm control
15card pending issuance of a new firearm control card upon an
16agency's acquiring of an established armed account. An agency
17that has acquired armed employees as a result of acquiring an
18established armed account may, on forms supplied by the
19Department, request the issuance of a temporary firearm
20control card for each acquired employee who held a valid
21firearm control card under his or her employment with the
22newly acquired established armed account immediately preceding
23the acquiring of the account and who continues to meet all of
24the qualifications for issuance of a firearm control card set
25forth in this Act and any rules adopted under this Act. The
26Department shall, by rule, set the fee for issuance of a

 

 

HB2985- 100 -LRB103 26237 RLC 52596 b

1temporary firearm control card.
2    (i) The Department shall not issue a firearm control card
3to a licensed fingerprint vendor or a licensed locksmith or
4employees of a licensed fingerprint vendor agency or a
5licensed locksmith agency.
6(Source: P.A. 100-712, eff. 8-3-18.)
 
7    Section 50. The Mental Health and Developmental
8Disabilities Code is amended by changing Sections 1-106,
91-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
 
10    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
11    Sec. 1-106. "Developmental disability" means a severe,
12chronic disability, other than mental illness, found to be
13closely related to an intellectual disability because this
14condition results in impairment of general intellectual
15functioning or adaptive behavior similar to that of persons
16with ID, and requires services similar to those required for a
17person with an intellectual disability. In addition, a
18developmental disability: (1) is manifested before the
19individual reaches 22 years of age; (2) is likely to continue
20indefinitely; (3) results in substantial functional
21limitations in three or more of the following areas of major
22life activity: self-care, receptive and expressive language,
23learning, mobility, self-direction, capacity for independent
24living, or economic self-sufficiency; and (4) reflects the

 

 

HB2985- 101 -LRB103 26237 RLC 52596 b

1individual's need for a combination and sequence of special
2interdisciplinary or generic services, individualized
3supports, or other forms of assistance that are of lifelong or
4extended duration and are individually planned and
5coordinated. This definition does not supersede the
6"developmental disability" definition in Section 1.1 of the
7Firearm Owners Identification Card Act which is required to be
8applied under that Act for the purpose of mandatory reporting.
9(Source: P.A. 102-972, eff. 1-1-23.)
 
10    (405 ILCS 5/1-116)  (from Ch. 91 1/2, par. 1-116)
11    Sec. 1-116. Intellectual disability. "Intellectual
12disability" means a disorder with onset during the
13developmental period (before the individual reaches age 22),
14that includes both intellectual and adaptive deficits in
15conceptual, social and practical domains. The following 3
16criteria must be met: (1) deficits in intellectual functions
17such as reasoning, problem solving, planning, abstract
18thinking, judgment, academic learning, and learning from
19experience confirmed by both clinical assessment and
20individualized, standardized intelligence testing (generally
21indicated with an IQ score of about 70 or below), (2) deficits
22in adaptive functioning that result in failure to meet
23developmental and sociocultural standards for personal
24independence and social responsibility. Without ongoing
25support, the adaptive deficits limit functioning in one or

 

 

HB2985- 102 -LRB103 26237 RLC 52596 b

1more activities of daily life, such as communication, social
2participation, and independent living, across multiple
3environments, such as home, school, work, and community, and
4(3) onset of intellectual and adaptive deficits during the
5developmental period. This definition does not supersede the
6"intellectual disability" definition in Section 1.1 of the
7Firearm Owners Identification Card Act which is required to be
8applied under that Act for the purpose of mandatory reporting.
9(Source: P.A. 102-972, eff. 1-1-23.)
 
10    (405 ILCS 5/6-103.1)
11    Sec. 6-103.1. Adjudication as a person with a mental
12disability. When a person has been adjudicated as a person
13with a mental disability as defined in Section 1.1 of the
14Firearm Owners Identification Card Act, including, but not
15limited to, an adjudication as a person with a disability as
16defined in Section 11a-2 of the Probate Act of 1975, the court
17shall direct the circuit court clerk to notify the Illinois
18State Police, Firearm Owner's Identification (FOID) Office, in
19a form and manner prescribed by the Illinois State Police, and
20shall forward a copy of the court order to the Department no
21later than 7 days after the entry of the order. Upon receipt of
22the order, the Illinois State Police shall provide
23notification to the National Instant Criminal Background Check
24System. In this Section, "has been adjudicated as a mentally
25disabled person" means the person is the subject of a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2985- 110 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

HB2985- 112 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

HB2985- 114 -LRB103 26237 RLC 52596 b

1    administrator, trustee, or guardian of the estate of the
2    owner.
3    "Person" means any individual, partnership, firm, company,
4limited liability company, corporation, association, joint
5stock company, trust, estate, political subdivision, State
6agency, or any other legal entity, or their legal
7representative, agent, or assign.
8    "Regulated facility" means a residential building or child
9care facility.
10    "Residential building" means any room, group of rooms, or
11other interior areas of a structure designed or used for human
12habitation; common areas accessible by inhabitants; and the
13surrounding property or structures.
14(Source: P.A. 100-723, eff. 1-1-19.)
 
15    (430 ILCS 65/Act rep.)
16    Section 60. The Firearm Owners Identification Card Act is
17repealed.
 
18    Section 65. The Firearm Concealed Carry Act is amended by
19changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
 
20    (430 ILCS 66/25)
21    Sec. 25. Qualifications for a license.
22    The Illinois State Police shall issue a license to an
23applicant completing an application in accordance with Section

 

 

HB2985- 115 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 116 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 117 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 118 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 119 -LRB103 26237 RLC 52596 b

1    of compliance with the training requirements under this
2    Act.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22.)
 
5    (430 ILCS 66/40)
6    Sec. 40. Non-resident license applications.
7    (a) For the purposes of this Section, "non-resident" means
8a person who has not resided within this State for more than 30
9days and resides in another state or territory.
10    (b) The Illinois State Police shall by rule allow for
11non-resident license applications from any state or territory
12of the United States with laws related to firearm ownership,
13possession, and carrying, that are substantially similar to
14the requirements to obtain a license under this Act.
15    (c) A resident of a state or territory approved by the
16Illinois State Police under subsection (b) of this Section may
17apply for a non-resident license. The applicant shall apply to
18the Illinois State Police and must meet all of the
19qualifications established in Section 25 of this Act, except
20for the Illinois residency requirement in item (xiv) of
21paragraph (2) of subsection (a) of Section 4 of the Firearm
22Owners Identification Card Act. The applicant shall submit:
23        (1) the application and documentation required under
24    Section 30 of this Act and the applicable fee;
25        (2) a notarized document stating that the applicant:

 

 

HB2985- 120 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 121 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1license as provided for in subsection (g) of this Section.
2    This subsection shall not apply to a person who has filed
3an application with the Illinois State Police for renewal of a
4Firearm Owner's Identification Card and who is not otherwise
5ineligible to obtain a Firearm Owner's Identification Card.
6    (h-5) (Blank). If the Firearm Owner's Identification Card
7of a licensee under this Act expires during the term of the
8license issued under this Act, the license and the Firearm
9Owner's Identification Card remain valid, and the Illinois
10State Police may automatically renew the licensee's Firearm
11Owner's Identification Card as provided in subsection (c) of
12Section 5 of the Firearm Owners Identification Card Act.
13    (i) A certified firearms instructor who knowingly provides
14or offers to provide a false certification that an applicant
15has completed firearms training as required under this Act is
16guilty of a Class A misdemeanor. A person guilty of a violation
17of this subsection (i) is not eligible for court supervision.
18The Illinois State Police shall permanently revoke the
19firearms instructor certification of a person convicted under
20this subsection (i).
21(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
22102-813, eff. 5-13-22.)
 
23    (430 ILCS 66/80)
24    Sec. 80. Certified firearms instructors.
25    (a) Within 60 days of the effective date of this Act, the

 

 

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

 

 

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1    instructor certifications:
2            (A) certification from a law enforcement agency;
3            (B) certification from a firearm instructor course
4        offered by a State or federal governmental agency;
5            (C) certification from a firearm instructor
6        qualification course offered by the Illinois Law
7        Enforcement Training Standards Board; or
8            (D) certification from an entity approved by the
9        Illinois State Police that offers firearm instructor
10        education and training in the use and safety of
11        firearms.
12    (e) A person may have his or her firearms instructor
13certification denied or revoked if he or she does not meet the
14requirements to obtain a license under this Act, provides
15false or misleading information to the Illinois State Police,
16or has had a prior instructor certification revoked or denied
17by the Illinois State Police.
18(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
 
19    (430 ILCS 66/105)
20    Sec. 105. Duty of school administrator. It is the duty of
21the principal of a public elementary or secondary school, or
22his or her designee, and the chief administrative officer of a
23private elementary or secondary school or a public or private
24community college, college, or university, or his or her
25designee, to report to the Illinois State Police when a

 

 

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1student is determined to pose a clear and present danger to
2himself, herself, or to others, within 24 hours of the
3determination as provided in Section 6-103.3 of the Mental
4Health and Developmental Disabilities Code. "Clear and present
5danger" has the meaning as provided in paragraph (2) of the
6definition of "clear and present danger" in Section 6-103.3 of
7the Mental Health and Developmental Disabilities Code 1.1 of
8the Firearm Owners Identification Card Act.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    Section 66. The Firearms Restraining Order Act is amended
11by changing Sections 35 and 40 as follows:
 
12    (430 ILCS 67/35)
13    Sec. 35. Ex parte orders and emergency hearings.
14    (a) A petitioner may request an emergency firearms
15restraining order by filing an affidavit or verified pleading
16alleging that the respondent poses an immediate and present
17danger of causing personal injury to himself, herself, or
18another by having in his or her custody or control,
19purchasing, possessing, or receiving a firearm, ammunition, or
20firearm parts that could be assembled to make an operable
21firearm. The petition shall also describe the type and
22location of any firearm or firearms, ammunition, or firearm
23parts that could be assembled to make an operable firearm
24presently believed by the petitioner to be possessed or

 

 

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

 

 

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1held the same day that the petition is filed or the next day
2that the court is in session.
3    (f) If a circuit or associate judge finds probable cause
4to believe that the respondent poses an immediate and present
5danger of causing personal injury to himself, herself, or
6another by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm, ammunition, or
8firearm parts that could be assembled to make an operable
9firearm, the circuit or associate judge shall issue an
10emergency order.
11    (f-5) If the court issues an emergency firearms
12restraining order, it shall, upon a finding of probable cause
13that the respondent possesses firearms, ammunition, or firearm
14parts that could be assembled to make an operable firearm,
15issue a search warrant directing a law enforcement agency to
16seize the respondent's firearms, ammunition, and firearm parts
17that could be assembled to make an operable firearm. The court
18may, as part of that warrant, direct the law enforcement
19agency to search the respondent's residence and other places
20where the court finds there is probable cause to believe he or
21she is likely to possess the firearms, ammunition, or firearm
22parts that could be assembled to make an operable firearm. A
23return of the search warrant shall be filed by the law
24enforcement agency within 4 days thereafter, setting forth the
25time, date, and location that the search warrant was executed
26and what items, if any, were seized.

 

 

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

 

 

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

 

 

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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

 

 

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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    (i) In accordance with subsection (e) of this Section, the
12court shall schedule a full hearing as soon as possible, but no
13longer than 14 days from the issuance of an ex parte firearms
14restraining order, to determine if a 6-month firearms
15restraining order shall be issued. The court may extend an ex
16parte order as needed, but not to exceed 14 days, to effectuate
17service of the order or if necessary to continue protection.
18The court may extend the order for a greater length of time by
19mutual agreement of the parties.
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    (430 ILCS 67/40)
24    Sec. 40. Plenary orders.
25    (a) A petitioner may request a firearms restraining order

 

 

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1for up to one year by filing an affidavit or verified pleading
2alleging that the respondent poses a significant danger of
3causing personal injury to himself, herself, or another in the
4near future by having in his or her custody or control,
5purchasing, possessing, or receiving a firearm, ammunition,
6and firearm parts that could be assembled to make an operable
7firearm. The petition shall also describe the number, types,
8and locations of any firearms, ammunition, and firearm parts
9that could be assembled to make an operable firearm presently
10believed by the petitioner to be possessed or controlled by
11the respondent. The firearms restraining order may be renewed
12for an additional period of up to one year in accordance with
13Section 45 of this Act.
14    (b) If the respondent is alleged to pose a significant
15danger of causing personal injury to an intimate partner, or
16an intimate partner is alleged to have been the target of a
17threat or act of violence by the respondent, the petitioner
18shall make a good faith effort to provide notice to any and all
19intimate partners of the respondent. The notice must include
20the duration of time that the petitioner intends to petition
21the court for a firearms restraining order, and, if the
22petitioner is a law enforcement officer, referral to relevant
23domestic violence or stalking advocacy or counseling
24resources, if appropriate. The petitioner shall attest to
25having provided the notice in the filed affidavit or verified
26pleading. If, after making a good faith effort, the petitioner

 

 

HB2985- 137 -LRB103 26237 RLC 52596 b

1is unable to provide notice to any or all intimate partners,
2the affidavit or verified pleading should describe what
3efforts were made.
4    (c) Every person who files a petition for a plenary
5firearms restraining order, knowing the information provided
6to the court at any hearing or in the affidavit or verified
7pleading to be false, is guilty of perjury under Section 32-2
8of the Criminal Code of 2012.
9    (d) Upon receipt of a petition for a plenary firearms
10restraining order, the court shall order a hearing within 30
11days.
12    (e) In determining whether to issue a firearms restraining
13order under this Section, the court shall consider evidence
14including, but not limited to, the following:
15        (1) The unlawful and reckless use, display, or
16    brandishing of a firearm, ammunition, and firearm parts
17    that could be assembled to make an operable firearm by the
18    respondent.
19        (2) The history of use, attempted use, or threatened
20    use of physical force by the respondent against another
21    person.
22        (3) Any prior arrest of the respondent for a felony
23    offense.
24        (4) Evidence of the abuse of controlled substances or
25    alcohol by the respondent.
26        (5) A recent threat of violence or act of violence by

 

 

HB2985- 138 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 139 -LRB103 26237 RLC 52596 b

1    (g-5) If the court issues a plenary firearms restraining
2order, it shall, upon a finding of probable cause that the
3respondent possesses firearms, ammunition, and firearm parts
4that could be assembled to make an operable firearm, issue a
5search warrant directing a law enforcement agency to seize the
6respondent's firearms, ammunition, and firearm parts that
7could be assembled to make an operable firearm. The court may,
8as part of that warrant, direct the law enforcement agency to
9search the respondent's residence and other places where the
10court finds there is probable cause to believe he or she is
11likely to possess the firearms, ammunition, and firearm parts
12that could be assembled to make an operable firearm. A return
13of the search warrant shall be filed by the law enforcement
14agency within 4 days thereafter, setting forth the time, date,
15and location that the search warrant was executed and what
16items, if any, were seized.
17    (h) A plenary firearms restraining order shall require:
18        (1) the respondent to refrain from having in his or
19    her custody or control, purchasing, possessing, or
20    receiving additional firearms, ammunition, and firearm
21    parts that could be assembled to make an operable firearm
22    for the duration of the order under Section 8.2 of the
23    Firearm Owners Identification Card Act; and
24        (2) the respondent to comply with Section 9.5 of the
25    Firearm Owners Identification Card Act and subsection (g)
26    of Section 70 of the Firearm Concealed Carry Act.

 

 

HB2985- 140 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 141 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 142 -LRB103 26237 RLC 52596 b

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

 

 

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1firearms restraining order then in effect.
2    (k) When the court issues a firearms restraining order
3under this Section, the court shall inform the respondent that
4he or she is entitled to one hearing during the period of the
5order to request a termination of the order, under Section 45
6of this Act, and shall provide the respondent with a form to
7request a hearing.
8(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
9102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
105-13-22; 102-1116, eff. 1-10-23.)
 
11    Section 67. The Firearm Dealer License Certification Act
12is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
13follows:
 
14    (430 ILCS 68/5-20)
15    Sec. 5-20. Additional licensee requirements.
16    (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo
19copy shall be attached to the documentation detailing the
20record of sale.
21    (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business
23a sign that contains the following warning in block letters
24not less than one inch in height:

 

 

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1        "With few exceptions enumerated in the Criminal Code
2    of 2012 Firearm Owners Identification Card Act, it is
3    unlawful for you to:
4            (A) store or leave an unsecured firearm in a place
5        where a child can obtain access to it; or
6            (B) sell or transfer your firearm to someone else
7        without receiving approval for the transfer from the
8        Illinois State Police, or
9            (B) (C) fail to report the loss or theft of your
10        firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Illinois State Police and
12made available for printing or downloading from the Illinois
13State Police's website.
14    (c) No retail location established after the effective
15date of this Act shall be located within 500 feet of any
16school, pre-school, or day care facility in existence at its
17location before the retail location is established as measured
18from the nearest corner of the building holding the retail
19location to the corner of the school, pre-school, or day care
20facility building nearest the retail location at the time the
21retail location seeks licensure.
22(Source: P.A. 102-538, eff. 8-20-21.)
 
23    (430 ILCS 68/5-25)
24    Sec. 5-25. Exemptions. The provisions of this Act related
25to the certification of a license do not apply to a person or

 

 

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1entity that engages in the following activities:
2        (1) temporary transfers of firearms solely for use at
3    the location or on the premises where the transfer takes
4    place, such as transfers at a shooting range for use at
5    that location;
6        (2) temporary transfers of firearms solely for use
7    while in the presence of the transferor or transfers for
8    the purposes of firearm safety training by a firearms
9    safety training instructor;
10        (3) transfers of firearms among immediate family or
11    household members, as "immediate family or household
12    member" is defined in Section 3-2.7-10 of the Unified Code
13    of Corrections, provided that both the transferor and
14    transferee are not prohibited from possessing a firearm
15    under federal or State law have a currently valid Firearm
16    Owner's Identification Card; however, this paragraph (3)
17    does not limit the familial gift exemption under paragraph
18    (2) of subsection (a-15) of Section 3 of the Firearm
19    Owners Identification Card Act;
20        (4) transfers by persons or entities acting under
21    operation of law or a court order;
22        (5) transfers by persons or entities liquidating all
23    or part of a collection. For purposes of this paragraph
24    (5), "collection" means 2 or more firearms which are of
25    special interest to collectors by reason of some quality
26    other than is associated with firearms intended for

 

 

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1    sporting use or as offensive or defensive weapons;
2        (6) transfers of firearms that have been rendered
3    permanently inoperable to a nonprofit historical society,
4    museum, or institutional collection;
5        (7) transfers by a law enforcement or corrections
6    agency or a law enforcement or corrections officer acting
7    within the course and scope of his or her official duties;
8        (8) (blank); transfers to a State or local law
9    enforcement agency by a person who has his or her Firearm
10    Owner's Identification Card revoked;
11        (9) transfers of curios and relics, as defined under
12    federal law, between collectors licensed under subsection
13    (b) of Section 923 of the federal Gun Control Act of 1968;
14        (10) transfers by a person or entity licensed as an
15    auctioneer under the Auction License Act;
16        (10.5) transfers of firearms to a resident registered
17    competitor or attendee or non-resident registered
18    competitor or attendee by a licensed federal firearms
19    dealer under Section 923 of the federal Gun Control Act of
20    1968 at a competitive shooting event held at the World
21    Shooting and Recreational Complex that is sanctioned by a
22    national governing body; or
23        (11) transfers between a pawnshop and a customer which
24    amount to a bailment. For purposes of this paragraph (11),
25    "bailment" means the act of placing property in the
26    custody and control of another, by agreement in which the

 

 

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1    holder is responsible for the safekeeping and return of
2    the property.
3(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
4    (430 ILCS 68/5-40)
5    Sec. 5-40. Qualifications for operation.
6    (a) Each certified licensee shall submit with each
7application for certification or renewal an affidavit to the
8Illinois State Police stating that each owner, employee, or
9other agent of the certified licensee who sells or conducts
10transfers of firearms for the certified licensee is at least
1121 years of age, has a currently valid Firearm Owner's
12Identification Card and, for a renewal, has completed the
13training required under Section 5-30. The affidavit must also
14contain the name and Firearm Owner's Identification Card
15number of each owner, employee, or other agent who sells or
16conducts transfers of firearms for the certified licensee. If
17an owner, employee, or other agent of the certified licensee
18is not otherwise a resident of this State, the certified
19licensee shall submit an affidavit stating that the owner,
20employee, or other agent has undergone a background check and
21is not prohibited from owning or possessing firearms.
22    (b) In addition to the affidavit required under subsection
23(a), within 30 days of a new owner, employee, or other agent
24beginning selling or conducting transfers of firearms for the
25certified licensee, the certified licensee shall submit an

 

 

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1affidavit to the Illinois State Police stating the date that
2the new owner, employee, or other agent began selling or
3conducting transfers of firearms for the certified licensee,
4and providing the information required in subsection (a) for
5that new owner, employee, or other agent.
6    (c) If a certified licensee has a license, certificate, or
7permit to sell, lease, transfer, purchase, or possess firearms
8issued by the federal government or the government of any
9state revoked or suspended for good cause within the preceding
104 years, the Illinois State Police may consider revoking or
11suspending the certified licenses in this State. In making a
12determination of whether or not to revoke or suspend a
13certified license in this State, the Illinois State Police
14shall consider the number of retail locations the certified
15licensee or any related person or entity operates in this
16State or in other states under the same or different business
17names, and the severity of the infraction in the state in which
18a license was revoked or suspended.
19    (d) Applications and affidavits required under this
20Section are not subject to disclosure by the Illinois State
21Police under the Freedom of Information Act.
22(Source: P.A. 102-538, eff. 8-20-21.)
 
23    (430 ILCS 68/5-85)
24    Sec. 5-85. Disciplinary sanctions.
25    (a) For violations of this Act not penalized under Section

 

 

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

 

 

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1        Identification Card or concealed carry license.
2            (B) Habitual or excessive use or abuse of drugs
3        defined in law as controlled substances, alcohol, or
4        any other substance that results in the inability to
5        practice with reasonable judgment, skill, or safety.
6        (7) Receiving, directly or indirectly, compensation
7    for any firearms sold or transferred illegally.
8        (8) Discipline by another United States jurisdiction,
9    foreign nation, or governmental agency, if at least one of
10    the grounds for the discipline is the same or
11    substantially equivalent to those set forth in this Act.
12        (9) Violation of any disciplinary order imposed on a
13    licensee by the Illinois State Police.
14        (10) A finding by the Illinois State Police that the
15    licensee, after having his or her certified license placed
16    on probationary status, has violated the terms of
17    probation.
18        (11) A fraudulent or material misstatement in the
19    completion of an affirmative obligation or inquiry by law
20    enforcement.
21    (b) All fines imposed under this Section shall be paid
22within 90 days after the effective date of the final order
23imposing the fine.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 70. The Wildlife Code is amended by changing

 

 

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1Sections 3.2 and 3.2a as follows:
 
2    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
3    Sec. 3.2. Hunting license; application; instruction.
4Before the Department or any county, city, village, township,
5incorporated town clerk or his duly designated agent or any
6other person authorized or designated by the Department to
7issue hunting licenses shall issue a hunting license to any
8person, the person shall file his application with the
9Department or other party authorized to issue licenses on a
10form provided by the Department and further give definite
11proof of identity and place of legal residence. Each clerk
12designating agents to issue licenses and stamps shall furnish
13the Department, within 10 days following the appointment, the
14names and mailing addresses of the agents. Each clerk or his
15duly designated agent shall be authorized to sell licenses and
16stamps only within the territorial area for which he was
17elected or appointed. No duly designated agent is authorized
18to furnish licenses or stamps for issuance by any other
19business establishment. Each application shall be executed and
20sworn to and shall set forth the name and description of the
21applicant and place of residence.
22    No hunting license shall be issued to any person born on or
23after January 1, 1980 unless he presents the person authorized
24to issue the license evidence that he has held a hunting
25license issued by the State of Illinois or another state in a

 

 

HB2985- 152 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 153 -LRB103 26237 RLC 52596 b

1made for any course of instruction except for materials or
2ammunition consumed. The Department of Natural Resources shall
3furnish information on the requirements of hunter safety
4education programs to be distributed free of charge to
5applicants for hunting licenses by the persons appointed and
6authorized to issue licenses. Funds for the conducting of
7firearms and hunter safety courses shall be taken from the fee
8charged for the Firearm Owners Identification Card.
9    The fee for a hunting license to hunt all species for a
10resident of Illinois is $12. For residents age 65 or older,
11and, commencing with the 2012 license year, resident veterans
12of the United States Armed Forces after returning from service
13abroad or mobilization by the President of the United States
14as an active duty member of the United States Armed Forces, the
15Illinois National Guard, or the Reserves of the United States
16Armed Forces, the fee is one-half of the fee charged for a
17hunting license to hunt all species for a resident of
18Illinois. Veterans must provide to the Department acceptable
19verification of their service. The Department shall establish
20by administrative rule the procedure by which such
21verification of service shall be made to the Department for
22the purpose of issuing resident veterans hunting licenses at a
23reduced fee. The fee for a hunting license to hunt all species
24shall be $1 for residents over 75 years of age. Nonresidents
25shall be charged $57 for a hunting license.
26    Nonresidents may be issued a nonresident hunting license

 

 

HB2985- 154 -LRB103 26237 RLC 52596 b

1for a period not to exceed 10 consecutive days' hunting in the
2State and shall be charged a fee of $35.
3    A special nonresident hunting license authorizing a
4nonresident to take game birds by hunting on a game breeding
5and hunting preserve area only, established under Section
63.27, shall be issued upon proper application being made and
7payment of a fee equal to that for a resident hunting license.
8The expiration date of this license shall be on the same date
9each year that game breeding and hunting preserve area
10licenses expire.
11    Each applicant for a State Migratory Waterfowl Stamp,
12regardless of his residence or other condition, shall pay a
13fee of $15 and shall receive a stamp. The fee for a State
14Migratory Waterfowl Stamp shall be waived for residents over
1575 years of age. Except as provided under Section 20-45 of the
16Fish and Aquatic Life Code, the stamp shall be signed by the
17person or affixed to his license or permit in a space
18designated by the Department for that purpose.
19    Each applicant for a State Habitat Stamp, regardless of
20his residence or other condition, shall pay a fee of $5 and
21shall receive a stamp. The fee for a State Habitat Stamp shall
22be waived for residents over 75 years of age. Except as
23provided under Section 20-45 of the Fish and Aquatic Life
24Code, the stamp shall be signed by the person or affixed to his
25license or permit in a space designated by the Department for
26that purpose.

 

 

HB2985- 155 -LRB103 26237 RLC 52596 b

1    Nothing in this Section shall be construed as to require
2the purchase of more than one State Habitat Stamp by any person
3in any one license year.
4    The fees for State Pheasant Stamps and State Furbearer
5Stamps shall be waived for residents over 75 years of age.
6    The Department shall furnish the holders of hunting
7licenses and stamps with an insignia as evidence of possession
8of license, or license and stamp, as the Department may
9consider advisable. The insignia shall be exhibited and used
10as the Department may order.
11    All other hunting licenses and all State stamps shall
12expire upon March 31 of each year.
13    Every person holding any license, permit, or stamp issued
14under the provisions of this Act shall have it in his
15possession for immediate presentation for inspection to the
16officers and authorized employees of the Department, any
17sheriff, deputy sheriff, or any other peace officer making a
18demand for it. This provision shall not apply to Department
19owned or managed sites where it is required that all hunters
20deposit their license or , permit, or Firearm Owner's
21Identification Card at the check station upon entering the
22hunting areas.
23    For the purposes of this Section, "acceptable
24verification" means official documentation from the Department
25of Defense or the appropriate Major Command showing
26mobilization dates or service abroad dates, including: (i) a

 

 

HB2985- 156 -LRB103 26237 RLC 52596 b

1DD-214, (ii) a letter from the Illinois Department of Military
2Affairs for members of the Illinois National Guard, (iii) a
3letter from the Regional Reserve Command for members of the
4Armed Forces Reserve, (iv) a letter from the Major Command
5covering Illinois for active duty members, (v) personnel
6records for mobilized State employees, and (vi) any other
7documentation that the Department, by administrative rule,
8deems acceptable to establish dates of mobilization or service
9abroad.
10    For the purposes of this Section, the term "service
11abroad" means active duty service outside of the 50 United
12States and the District of Columbia, and includes all active
13duty service in territories and possessions of the United
14States.
15(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
 
16    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
17    Sec. 3.2a. Every person holding any license, permit or
18stamp issued under the provisions hereof shall have it in his
19possession for immediate presentation for inspection to the
20officers and authorized employees of the Department, any
21sheriff, deputy sheriff or any other peace officer making a
22demand for it. This provision shall not apply to Department
23owned or managed sites where it is required that all hunters
24deposit their license or , permit or Firearm Owner's
25Identification Card at the check station upon entering the

 

 

HB2985- 157 -LRB103 26237 RLC 52596 b

1hunting areas.
2(Source: P.A. 85-152.)
 
3    Section 75. The Criminal Code of 2012 is amended by
4changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
524-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
624-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
7adding Section 24-4.5 as follows:
 
8    (720 ILCS 5/2-7.1)
9    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
10"Firearm "Firearm" and "firearm ammunition" means any
11self-contained cartridge or shotgun shell, by whatever name
12known, which is designed to be used or adaptable to use in a
13firearm; excluding, however:
14    (1) any ammunition exclusively designed for use with a
15device used exclusively for signaling or safety and required
16or recommended by the United States Coast Guard or the
17Interstate Commerce Commission; and
18    (2) any ammunition designed exclusively for use with a
19stud or rivet driver or other similar industrial ammunition
20have the meanings ascribed to them in Section 1.1 of the
21Firearm Owners Identification Card Act.
22(Source: P.A. 91-544, eff. 1-1-00.)
 
23    (720 ILCS 5/2-7.5)

 

 

HB2985- 158 -LRB103 26237 RLC 52596 b

1    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
2specific Section, "firearm" means any device, by whatever name
3known, which is designed to expel a projectile or projectiles
4by the action of an explosion, expansion of gas or escape of
5gas; excluding, however:
6    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
7gun which expels a single globular projectile not exceeding
8.18 inch in diameter or which has a maximum muzzle velocity of
9less than 700 feet per second;
10    (1.1) any pneumatic gun, spring gun, paint ball gun, or
11B-B gun which expels breakable paint balls containing washable
12marking colors;
13    (2) any device used exclusively for signaling or safety
14and required or recommended by the United States Coast Guard
15or the Interstate Commerce Commission;
16    (3) any device used exclusively for the firing of stud
17cartridges, explosive rivets, or similar industrial
18ammunition; and
19    (4) an antique firearm (other than a machine-gun) which,
20although designed as a weapon, the Illinois State Police finds
21by reason of the date of its manufacture, value, design, and
22other characteristics is primarily a collector's item and is
23not likely to be used as a weapon has the meaning ascribed to
24it in Section 1.1 of the Firearm Owners Identification Card
25Act.
26(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

HB2985- 159 -LRB103 26237 RLC 52596 b

1    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
2    Sec. 12-3.05. Aggravated battery.
3    (a) Offense based on injury. A person commits aggravated
4battery when, in committing a battery, other than by the
5discharge of a firearm, he or she knowingly does any of the
6following:
7        (1) Causes great bodily harm or permanent disability
8    or disfigurement.
9        (2) Causes severe and permanent disability, great
10    bodily harm, or disfigurement by means of a caustic or
11    flammable substance, a poisonous gas, a deadly biological
12    or chemical contaminant or agent, a radioactive substance,
13    or a bomb or explosive compound.
14        (3) Causes great bodily harm or permanent disability
15    or disfigurement to an individual whom the person knows to
16    be a peace officer, community policing volunteer, fireman,
17    private security officer, correctional institution
18    employee, or Department of Human Services employee
19    supervising or controlling sexually dangerous persons or
20    sexually violent persons:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.

 

 

HB2985- 160 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 161 -LRB103 26237 RLC 52596 b

1by discharge of a firearm, he or she knows the individual
2battered to be any of the following:
3        (1) A person 60 years of age or older.
4        (2) A person who is pregnant or has a physical
5    disability.
6        (3) A teacher or school employee upon school grounds
7    or grounds adjacent to a school or in any part of a
8    building used for school purposes.
9        (4) A peace officer, community policing volunteer,
10    fireman, private security officer, correctional
11    institution employee, or Department of Human Services
12    employee supervising or controlling sexually dangerous
13    persons or sexually violent persons:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (5) A judge, emergency management worker, emergency
20    medical services personnel, or utility worker:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (6) An officer or employee of the State of Illinois, a

 

 

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1    unit of local government, or a school district, while
2    performing his or her official duties.
3        (7) A transit employee performing his or her official
4    duties, or a transit passenger.
5        (8) A taxi driver on duty.
6        (9) A merchant who detains the person for an alleged
7    commission of retail theft under Section 16-26 of this
8    Code and the person without legal justification by any
9    means causes bodily harm to the merchant.
10        (10) A person authorized to serve process under
11    Section 2-202 of the Code of Civil Procedure or a special
12    process server appointed by the circuit court while that
13    individual is in the performance of his or her duties as a
14    process server.
15        (11) A nurse while in the performance of his or her
16    duties as a nurse.
17        (12) A merchant: (i) while performing his or her
18    duties, including, but not limited to, relaying directions
19    for healthcare or safety from his or her supervisor or
20    employer or relaying health or safety guidelines,
21    recommendations, regulations, or rules from a federal,
22    State, or local public health agency; and (ii) during a
23    disaster declared by the Governor, or a state of emergency
24    declared by the mayor of the municipality in which the
25    merchant is located, due to a public health emergency and
26    for a period of 6 months after such declaration.

 

 

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

 

 

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

 

 

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1        or her official duties.
2        (8) Discharges a machine gun or a firearm equipped
3    with a silencer, and causes any injury to a person he or
4    she knows to be a teacher, or a student in a school, or a
5    school employee, and the teacher, student, or employee is
6    upon school grounds or grounds adjacent to a school or in
7    any part of a building used for school purposes.
8    (f) Offense based on use of a weapon or device. A person
9commits aggravated battery when, in committing a battery, he
10or she does any of the following:
11        (1) Uses a deadly weapon other than by discharge of a
12    firearm, or uses an air rifle as defined in Section
13    24.8-0.1 of this Code.
14        (2) Wears a hood, robe, or mask to conceal his or her
15    identity.
16        (3) Knowingly and without lawful justification shines
17    or flashes a laser gunsight or other laser device attached
18    to a firearm, or used in concert with a firearm, so that
19    the laser beam strikes upon or against the person of
20    another.
21        (4) Knowingly video or audio records the offense with
22    the intent to disseminate the recording.
23    (g) Offense based on certain conduct. A person commits
24aggravated battery when, other than by discharge of a firearm,
25he or she does any of the following:
26        (1) Violates Section 401 of the Illinois Controlled

 

 

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1    Substances Act by unlawfully delivering a controlled
2    substance to another and any user experiences great bodily
3    harm or permanent disability as a result of the injection,
4    inhalation, or ingestion of any amount of the controlled
5    substance.
6        (2) Knowingly administers to an individual or causes
7    him or her to take, without his or her consent or by threat
8    or deception, and for other than medical purposes, any
9    intoxicating, poisonous, stupefying, narcotic,
10    anesthetic, or controlled substance, or gives to another
11    person any food containing any substance or object
12    intended to cause physical injury if eaten.
13        (3) Knowingly causes or attempts to cause a
14    correctional institution employee or Department of Human
15    Services employee to come into contact with blood, seminal
16    fluid, urine, or feces by throwing, tossing, or expelling
17    the fluid or material, and the person is an inmate of a
18    penal institution or is a sexually dangerous person or
19    sexually violent person in the custody of the Department
20    of Human Services.
21    (h) Sentence. Unless otherwise provided, aggravated
22battery is a Class 3 felony.
23    Aggravated battery as defined in subdivision (a)(4),
24(d)(4), or (g)(3) is a Class 2 felony.
25    Aggravated battery as defined in subdivision (a)(3) or
26(g)(1) is a Class 1 felony.

 

 

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1    Aggravated battery as defined in subdivision (a)(1) is a
2Class 1 felony when the aggravated battery was intentional and
3involved the infliction of torture, as defined in paragraph
4(14) of subsection (b) of Section 9-1 of this Code, as the
5infliction of or subjection to extreme physical pain,
6motivated by an intent to increase or prolong the pain,
7suffering, or agony of the victim.
8    Aggravated battery as defined in subdivision (a)(1) is a
9Class 2 felony when the person causes great bodily harm or
10permanent disability to an individual whom the person knows to
11be a member of a congregation engaged in prayer or other
12religious activities at a church, synagogue, mosque, or other
13building, structure, or place used for religious worship.
14    Aggravated battery under subdivision (a)(5) is a Class 1
15felony if:
16        (A) the person used or attempted to use a dangerous
17    instrument while committing the offense;
18        (B) the person caused great bodily harm or permanent
19    disability or disfigurement to the other person while
20    committing the offense; or
21        (C) the person has been previously convicted of a
22    violation of subdivision (a)(5) under the laws of this
23    State or laws similar to subdivision (a)(5) of any other
24    state.
25    Aggravated battery as defined in subdivision (e)(1) is a
26Class X felony.

 

 

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1    Aggravated battery as defined in subdivision (a)(2) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 6 years and a maximum of 45
4years.
5    Aggravated battery as defined in subdivision (e)(5) is a
6Class X felony for which a person shall be sentenced to a term
7of imprisonment of a minimum of 12 years and a maximum of 45
8years.
9    Aggravated battery as defined in subdivision (e)(2),
10(e)(3), or (e)(4) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 15 years
12and a maximum of 60 years.
13    Aggravated battery as defined in subdivision (e)(6),
14(e)(7), or (e)(8) is a Class X felony for which a person shall
15be sentenced to a term of imprisonment of a minimum of 20 years
16and a maximum of 60 years.
17    Aggravated battery as defined in subdivision (b)(1) is a
18Class X felony, except that:
19        (1) if the person committed the offense while armed
20    with a firearm, 15 years shall be added to the term of
21    imprisonment imposed by the court;
22        (2) if, during the commission of the offense, the
23    person personally discharged a firearm, 20 years shall be
24    added to the term of imprisonment imposed by the court;
25        (3) if, during the commission of the offense, the
26    person personally discharged a firearm that proximately

 

 

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1    caused great bodily harm, permanent disability, permanent
2    disfigurement, or death to another person, 25 years or up
3    to a term of natural life shall be added to the term of
4    imprisonment imposed by the court.
5    (i) Definitions. In this Section:
6    "Building or other structure used to provide shelter" has
7the meaning ascribed to "shelter" in Section 1 of the Domestic
8Violence Shelters Act.
9    "Domestic violence" has the meaning ascribed to it in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    "Domestic violence shelter" means any building or other
12structure used to provide shelter or other services to victims
13or to the dependent children of victims of domestic violence
14pursuant to the Illinois Domestic Violence Act of 1986 or the
15Domestic Violence Shelters Act, or any place within 500 feet
16of such a building or other structure in the case of a person
17who is going to or from such a building or other structure.
18    "Firearm" has the meaning provided under Section 2-7.5 of
19this Code 1.1 of the Firearm Owners Identification Card Act,
20and does not include an air rifle as defined by Section
2124.8-0.1 of this Code.
22    "Machine gun" has the meaning ascribed to it in Section
2324-1 of this Code.
24    "Merchant" has the meaning ascribed to it in Section
2516-0.1 of this Code.
26    "Strangle" means intentionally impeding the normal

 

 

HB2985- 170 -LRB103 26237 RLC 52596 b

1breathing or circulation of the blood of an individual by
2applying pressure on the throat or neck of that individual or
3by blocking the nose or mouth of that individual.
4(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
5    (720 ILCS 5/16-0.1)
6    Sec. 16-0.1. Definitions. In this Article, unless the
7context clearly requires otherwise, the following terms are
8defined as indicated:
9    "Access" means to use, instruct, communicate with, store
10data in, retrieve or intercept data from, or otherwise utilize
11any services of a computer.
12    "Coin-operated machine" includes any automatic vending
13machine or any part thereof, parking meter, coin telephone,
14coin-operated transit turnstile, transit fare box, coin
15laundry machine, coin dry cleaning machine, amusement machine,
16music machine, vending machine dispensing goods or services,
17or money changer.
18    "Communication device" means any type of instrument,
19device, machine, or equipment which is capable of
20transmitting, acquiring, decrypting, or receiving any
21telephonic, electronic, data, Internet access, audio, video,
22microwave, or radio transmissions, signals, communications, or
23services, including the receipt, acquisition, transmission, or
24decryption of all such communications, transmissions, signals,
25or services provided by or through any cable television, fiber

 

 

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

 

 

HB2985- 172 -LRB103 26237 RLC 52596 b

1entity providing any communication service, whether directly
2or indirectly, as a reseller, including, but not limited to, a
3cellular, paging or other wireless communications company or
4other person or entity which, for a fee, supplies the
5facility, cell site, mobile telephone switching office or
6other equipment or communication service; (2) any person or
7entity owning or operating any cable television, fiber optic,
8satellite, telephone, wireless, microwave, radio, data
9transmission or Internet-based distribution network, system or
10facility; and (3) any person or entity providing any
11communication service directly or indirectly by or through any
12such distribution system, network or facility.
13    "Computer" means a device that accepts, processes, stores,
14retrieves or outputs data, and includes but is not limited to
15auxiliary storage and telecommunications devices connected to
16computers.
17    "Continuing course of conduct" means a series of acts, and
18the accompanying mental state necessary for the crime in
19question, irrespective of whether the series of acts are
20continuous or intermittent.
21    "Delivery container" means any bakery basket of wire or
22plastic used to transport or store bread or bakery products,
23any dairy case of wire or plastic used to transport or store
24dairy products, and any dolly or cart of 2 or 4 wheels used to
25transport or store any bakery or dairy product.
26    "Document-making implement" means any implement,

 

 

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1impression, template, computer file, computer disc, electronic
2device, computer hardware, computer software, instrument, or
3device that is used to make a real or fictitious or fraudulent
4personal identification document.
5    "Financial transaction device" means any of the following:
6        (1) An electronic funds transfer card.
7        (2) A credit card.
8        (3) A debit card.
9        (4) A point-of-sale card.
10        (5) Any instrument, device, card, plate, code, account
11    number, personal identification number, or a record or
12    copy of a code, account number, or personal identification
13    number or other means of access to a credit account or
14    deposit account, or a driver's license or State
15    identification card used to access a proprietary account,
16    other than access originated solely by a paper instrument,
17    that can be used alone or in conjunction with another
18    access device, for any of the following purposes:
19            (A) Obtaining money, cash refund or credit
20        account, credit, goods, services, or any other thing
21        of value.
22            (B) Certifying or guaranteeing to a person or
23        business the availability to the device holder of
24        funds on deposit to honor a draft or check payable to
25        the order of that person or business.
26            (C) Providing the device holder access to a

 

 

HB2985- 174 -LRB103 26237 RLC 52596 b

1        deposit account for the purpose of making deposits,
2        withdrawing funds, transferring funds between deposit
3        accounts, obtaining information pertaining to a
4        deposit account, or making an electronic funds
5        transfer.
6    "Full retail value" means the merchant's stated or
7advertised price of the merchandise. "Full retail value"
8includes the aggregate value of property obtained from retail
9thefts committed by the same person as part of a continuing
10course of conduct from one or more mercantile establishments
11in a single transaction or in separate transactions over a
12period of one year.
13    "Internet" means an interactive computer service or system
14or an information service, system, or access software provider
15that provides or enables computer access by multiple users to
16a computer server, and includes, but is not limited to, an
17information service, system, or access software provider that
18provides access to a network system commonly known as the
19Internet, or any comparable system or service and also
20includes, but is not limited to, a World Wide Web page,
21newsgroup, message board, mailing list, or chat area on any
22interactive computer service or system or other online
23service.
24    "Library card" means a card or plate issued by a library
25facility for purposes of identifying the person to whom the
26library card was issued as authorized to borrow library

 

 

HB2985- 175 -LRB103 26237 RLC 52596 b

1material, subject to all limitations and conditions imposed on
2the borrowing by the library facility issuing such card.
3    "Library facility" includes any public library or museum,
4or any library or museum of an educational, historical or
5eleemosynary institution, organization or society.
6    "Library material" includes any book, plate, picture,
7photograph, engraving, painting, sculpture, statue, artifact,
8drawing, map, newspaper, pamphlet, broadside, magazine,
9manuscript, document, letter, microfilm, sound recording,
10audiovisual material, magnetic or other tape, electronic data
11processing record or other documentary, written or printed
12material regardless of physical form or characteristics, or
13any part thereof, belonging to, or on loan to or otherwise in
14the custody of a library facility.
15    "Manufacture or assembly of an unlawful access device"
16means to make, produce or assemble an unlawful access device
17or to modify, alter, program or re-program any instrument,
18device, machine, equipment or software so that it is capable
19of defeating or circumventing any technology, device or
20software used by the provider, owner or licensee of a
21communication service or of any data, audio or video programs
22or transmissions to protect any such communication, data,
23audio or video services, programs or transmissions from
24unauthorized access, acquisition, disclosure, receipt,
25decryption, communication, transmission or re-transmission.
26    "Manufacture or assembly of an unlawful communication

 

 

HB2985- 176 -LRB103 26237 RLC 52596 b

1device" means to make, produce or assemble an unlawful
2communication or wireless device or to modify, alter, program
3or reprogram a communication or wireless device to be capable
4of acquiring, disrupting, receiving, transmitting, decrypting,
5or facilitating the acquisition, disruption, receipt,
6transmission or decryption of, a communication service without
7the express consent or express authorization of the
8communication service provider, or to knowingly assist others
9in those activities.
10    "Master sound recording" means the original physical
11object on which a given set of sounds were first recorded and
12which the original object from which all subsequent sound
13recordings embodying the same set of sounds are directly or
14indirectly derived.
15    "Merchandise" means any item of tangible personal
16property, including motor fuel.
17    "Merchant" means an owner or operator of any retail
18mercantile establishment or any agent, employee, lessee,
19consignee, officer, director, franchisee, or independent
20contractor of the owner or operator. "Merchant" also means a
21person who receives from an authorized user of a payment card,
22or someone the person believes to be an authorized user, a
23payment card or information from a payment card, or what the
24person believes to be a payment card or information from a
25payment card, as the instrument for obtaining, purchasing or
26receiving goods, services, money, or anything else of value

 

 

HB2985- 177 -LRB103 26237 RLC 52596 b

1from the person.
2    "Motor fuel" means a liquid, regardless of its properties,
3used to propel a vehicle, including gasoline and diesel.
4    "Online" means the use of any electronic or wireless
5device to access the Internet.
6    "Payment card" means a credit card, charge card, debit
7card, or any other card that is issued to an authorized card
8user and that allows the user to obtain, purchase, or receive
9goods, services, money, or anything else of value from a
10merchant.
11    "Person with a disability" means a person who suffers from
12a physical or mental impairment resulting from disease,
13injury, functional disorder or congenital condition that
14impairs the individual's mental or physical ability to
15independently manage his or her property or financial
16resources, or both.
17    "Personal identification document" means a birth
18certificate, a driver's license, a State identification card,
19a public, government, or private employment identification
20card, a social security card, a license issued under the
21Firearm Concealed Carry Act firearm owner's identification
22card, a credit card, a debit card, or a passport issued to or
23on behalf of a person other than the offender, or any document
24made or issued, or falsely purported to have been made or
25issued, by or under the authority of the United States
26Government, the State of Illinois, or any other state

 

 

HB2985- 178 -LRB103 26237 RLC 52596 b

1political subdivision of any state, or any other governmental
2or quasi-governmental organization that is of a type intended
3for the purpose of identification of an individual, or any
4such document made or altered in a manner that it falsely
5purports to have been made on behalf of or issued to another
6person or by the authority of one who did not give that
7authority.
8    "Personal identifying information" means any of the
9following information:
10        (1) A person's name.
11        (2) A person's address.
12        (3) A person's date of birth.
13        (4) A person's telephone number.
14        (5) A person's driver's license number or State of
15    Illinois identification card as assigned by the Secretary
16    of State of the State of Illinois or a similar agency of
17    another state.
18        (6) A person's social security number.
19        (7) A person's public, private, or government
20    employer, place of employment, or employment
21    identification number.
22        (8) The maiden name of a person's mother.
23        (9) The number assigned to a person's depository
24    account, savings account, or brokerage account.
25        (10) The number assigned to a person's credit or debit
26    card, commonly known as a "Visa Card", "MasterCard",

 

 

HB2985- 179 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 180 -LRB103 26237 RLC 52596 b

1public utility that is owned and operated by any political
2subdivision, public institution of higher education or
3municipal corporation of this State; any service furnished by
4any public utility that is owned by such political
5subdivision, public institution of higher education, or
6municipal corporation and operated by any of its lessees or
7operating agents; any service furnished by an electric
8cooperative as defined in Section 3.4 of the Electric Supplier
9Act; or wireless service or other service regulated by the
10Federal Communications Commission.
11    "Publish" means to communicate or disseminate information
12to any one or more persons, either orally, in person, or by
13telephone, radio or television or in writing of any kind,
14including, without limitation, a letter or memorandum,
15circular or handbill, newspaper or magazine article or book.
16    "Radio frequency identification device" means any
17implement, computer file, computer disc, electronic device,
18computer hardware, computer software, or instrument that is
19used to activate, read, receive, or decode information stored
20on a RFID tag or transponder attached to a personal
21identification document.
22    "RFID tag or transponder" means a chip or device that
23contains personal identifying information from which the
24personal identifying information can be read or decoded by
25another device emitting a radio frequency that activates or
26powers a radio frequency emission response from the chip or

 

 

HB2985- 181 -LRB103 26237 RLC 52596 b

1transponder.
2    "Reencoder" means an electronic device that places encoded
3information from the magnetic strip or stripe of a payment
4card onto the magnetic strip or stripe of a different payment
5card.
6    "Retail mercantile establishment" means any place where
7merchandise is displayed, held, stored or offered for sale to
8the public.
9    "Scanning device" means a scanner, reader, or any other
10electronic device that is used to access, read, scan, obtain,
11memorize, or store, temporarily or permanently, information
12encoded on the magnetic strip or stripe of a payment card.
13    "Shopping cart" means those push carts of the type or
14types which are commonly provided by grocery stores, drug
15stores or other retail mercantile establishments for the use
16of the public in transporting commodities in stores and
17markets and, incidentally, from the stores to a place outside
18the store.
19    "Sound or audio visual recording" means any sound or audio
20visual phonograph record, disc, pre-recorded tape, film, wire,
21magnetic tape or other object, device or medium, now known or
22hereafter invented, by which sounds or images may be
23reproduced with or without the use of any additional machine,
24equipment or device.
25    "Stored value card" means any card, gift card, instrument,
26or device issued with or without fee for the use of the

 

 

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1cardholder to obtain money, goods, services, or anything else
2of value. Stored value cards include, but are not limited to,
3cards issued for use as a stored value card or gift card, and
4an account identification number or symbol used to identify a
5stored value card. "Stored value card" does not include a
6prepaid card usable at multiple, unaffiliated merchants or at
7automated teller machines, or both. "Stored value card" shall
8only apply to Section 16-25.1 of this Act.
9    "Theft detection device remover" means any tool or device
10specifically designed and intended to be used to remove any
11theft detection device from any merchandise.
12    "Under-ring" means to cause the cash register or other
13sales recording device to reflect less than the full retail
14value of the merchandise.
15    "Unidentified sound or audio visual recording" means a
16sound or audio visual recording without the actual name and
17full and correct street address of the manufacturer, and the
18name of the actual performers or groups prominently and
19legibly printed on the outside cover or jacket and on the label
20of such sound or audio visual recording.
21    "Unlawful access device" means any type of instrument,
22device, machine, equipment, technology, or software which is
23primarily possessed, used, designed, assembled, manufactured,
24sold, distributed or offered, promoted or advertised for the
25purpose of defeating or circumventing any technology, device
26or software, or any component or part thereof, used by the

 

 

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

 

 

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

 

 

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1other component that is capable of facilitating the
2transmission or reception of telephonic, electronic, or radio
3communications.
4(Source: P.A. 102-757, eff. 5-13-22.)
 
5    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
6    Sec. 17-30. Defaced, altered, or removed manufacturer or
7owner identification number.
8    (a) Unlawful sale of household appliances. A person
9commits unlawful sale of household appliances when he or she
10knowingly, with the intent to defraud or deceive another,
11keeps for sale, within any commercial context, any household
12appliance with a missing, defaced, obliterated, or otherwise
13altered manufacturer's identification number.
14    (b) Construction equipment identification defacement. A
15person commits construction equipment identification
16defacement when he or she knowingly changes, alters, removes,
17mutilates, or obliterates a permanently affixed serial number,
18product identification number, part number, component
19identification number, owner-applied identification, or other
20mark of identification attached to or stamped, inscribed,
21molded, or etched into a machine or other equipment, whether
22stationary or mobile or self-propelled, or a part of such
23machine or equipment, used in the construction, maintenance,
24or demolition of buildings, structures, bridges, tunnels,
25sewers, utility pipes or lines, ditches or open cuts, roads,

 

 

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1highways, dams, airports, or waterways or in material handling
2for such projects.
3    The trier of fact may infer that the defendant has
4knowingly changed, altered, removed, or obliterated the serial
5number, product identification number, part number, component
6identification number, owner-applied identification number, or
7other mark of identification, if the defendant was in
8possession of any machine or other equipment or a part of such
9machine or equipment used in the construction, maintenance, or
10demolition of buildings, structures, bridges, tunnels, sewers,
11utility pipes or lines, ditches or open cuts, roads, highways,
12dams, airports, or waterways or in material handling for such
13projects upon which any such serial number, product
14identification number, part number, component identification
15number, owner-applied identification number, or other mark of
16identification has been changed, altered, removed, or
17obliterated.
18    (c) Defacement of manufacturer's serial number or
19identification mark. A person commits defacement of a
20manufacturer's serial number or identification mark when he or
21she knowingly removes, alters, defaces, covers, or destroys
22the manufacturer's serial number or any other manufacturer's
23number or distinguishing identification mark upon any machine
24or other article of merchandise, other than a motor vehicle as
25defined in Section 1-146 of the Illinois Vehicle Code or a
26firearm as defined in the Firearm Owners Identification Card

 

 

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

 

 

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

 

 

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1    deadly weapon or instrument of like character; or
2        (2.5) Carries or possesses with intent to use the same
3    unlawfully against another, any firearm in a church,
4    synagogue, mosque, or other building, structure, or place
5    used for religious worship; or
6        (3) Carries on or about his person or in any vehicle, a
7    tear gas gun projector or bomb or any object containing
8    noxious liquid gas or substance, other than an object
9    containing a non-lethal noxious liquid gas or substance
10    designed solely for personal defense carried by a person
11    18 years of age or older; or
12        (4) Carries or possesses in any vehicle or concealed
13    on or about his person except when on his land or in his
14    own abode, legal dwelling, or fixed place of business, or
15    on the land or in the legal dwelling of another person as
16    an invitee with that person's permission, any pistol,
17    revolver, stun gun or taser or other firearm, except that
18    this subsection (a)(4) does not apply to or affect
19    transportation of weapons that meet one of the following
20    conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person eligible under State and federal law to possess
26        a firearm who has been issued a currently valid

 

 

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1        Firearm Owner's Identification Card; or
2            (iv) are carried or possessed in accordance with
3        the Firearm Concealed Carry Act by a person who has
4        been issued a currently valid license under the
5        Firearm Concealed Carry Act; or
6        (5) Sets a spring gun; or
7        (6) Possesses any device or attachment of any kind
8    designed, used or intended for use in silencing the report
9    of any firearm; or
10        (7) Sells, manufactures, purchases, possesses or
11    carries:
12            (i) a machine gun, which shall be defined for the
13        purposes of this subsection as any weapon, which
14        shoots, is designed to shoot, or can be readily
15        restored to shoot, automatically more than one shot
16        without manually reloading by a single function of the
17        trigger, including the frame or receiver of any such
18        weapon, or sells, manufactures, purchases, possesses,
19        or carries any combination of parts designed or
20        intended for use in converting any weapon into a
21        machine gun, or any combination or parts from which a
22        machine gun can be assembled if such parts are in the
23        possession or under the control of a person;
24            (ii) any rifle having one or more barrels less
25        than 16 inches in length or a shotgun having one or
26        more barrels less than 18 inches in length or any

 

 

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

 

 

HB2985- 192 -LRB103 26237 RLC 52596 b

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

 

 

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1    charging units, such as, batteries, and which fires one or
2    several barbs attached to a length of wire and which, upon
3    hitting a human, can send out a current capable of
4    disrupting the person's nervous system in such a manner as
5    to render him incapable of normal functioning or (ii) any
6    device which is powered by electrical charging units, such
7    as batteries, and which, upon contact with a human or
8    clothing worn by a human, can send out current capable of
9    disrupting the person's nervous system in such a manner as
10    to render him incapable of normal functioning; or
11        (11) Sells, manufactures, delivers, imports,
12    possesses, or purchases any assault weapon attachment or
13    .50 caliber cartridge in violation of Section 24-1.9 or
14    any explosive bullet. For purposes of this paragraph (a)
15    "explosive bullet" means the projectile portion of an
16    ammunition cartridge which contains or carries an
17    explosive charge which will explode upon contact with the
18    flesh of a human or an animal. "Cartridge" means a tubular
19    metal case having a projectile affixed at the front
20    thereof and a cap or primer at the rear end thereof, with
21    the propellant contained in such tube between the
22    projectile and the cap; or
23        (12) (Blank); or
24        (13) Carries or possesses on or about his or her
25    person while in a building occupied by a unit of
26    government, a billy club, other weapon of like character,

 

 

HB2985- 194 -LRB103 26237 RLC 52596 b

1    or other instrument of like character intended for use as
2    a weapon. For the purposes of this Section, "billy club"
3    means a short stick or club commonly carried by police
4    officers which is either telescopic or constructed of a
5    solid piece of wood or other man-made material; or
6        (14) Manufactures, possesses, sells, or offers to
7    sell, purchase, manufacture, import, transfer, or use any
8    device, part, kit, tool, accessory, or combination of
9    parts that is designed to and functions to increase the
10    rate of fire of a semiautomatic firearm above the standard
11    rate of fire for semiautomatic firearms that is not
12    equipped with that device, part, or combination of parts;
13    or
14        (15) Carries or possesses any assault weapon or .50
15    caliber rifle in violation of Section 24-1.9; or
16        (16) Manufactures, sells, delivers, imports, or
17    purchases any assault weapon or .50 caliber rifle in
18    violation of Section 24-1.9.
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), subsection 24-1(a)(13), or 24-1(a)(15)
22commits a Class A misdemeanor. A person convicted of a
23violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
24Class 4 felony; a person convicted of a violation of
25subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2624-1(a)(16) commits a Class 3 felony. A person convicted of a

 

 

HB2985- 195 -LRB103 26237 RLC 52596 b

1violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
2and shall be sentenced to a term of imprisonment of not less
3than 3 years and not more than 7 years, unless the weapon is
4possessed in the passenger compartment of a motor vehicle as
5defined in Section 1-146 of the Illinois Vehicle Code, or on
6the person, while the weapon is loaded, in which case it shall
7be a Class X felony. A person convicted of a second or
8subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
924-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
10felony. A person convicted of a violation of subsection
1124-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
12possession of each weapon or device in violation of this
13Section constitutes a single and separate violation.
14    (c) Violations in specific places.
15        (1) A person who violates subsection 24-1(a)(6) or
16    24-1(a)(7) in any school, regardless of the time of day or
17    the time of year, in residential property owned, operated
18    or managed by a public housing agency or leased by a public
19    housing agency as part of a scattered site or mixed-income
20    development, in a public park, in a courthouse, on the
21    real property comprising any school, regardless of the
22    time of day or the time of year, on residential property
23    owned, operated or managed by a public housing agency or
24    leased by a public housing agency as part of a scattered
25    site or mixed-income development, on the real property
26    comprising any public park, on the real property

 

 

HB2985- 196 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 197 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 198 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 199 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 200 -LRB103 26237 RLC 52596 b

1    possess a firearm who possesses a currently valid Firearm
2    Owner's Identification Card previously issued in his or
3    her name by the Illinois State Police or to a person or an
4    entity engaged in the business of selling or manufacturing
5    switchblade knives.
6(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
7102-1116, eff. 1-10-23.)
 
8    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
9    Sec. 24-1.1. Unlawful use or possession of weapons by
10felons or persons in the custody of the Department of
11Corrections facilities.
12    (a) It is unlawful for a person to knowingly possess on or
13about his person or on his land or in his own abode or fixed
14place of business any weapon prohibited under Section 24-1 of
15this Act or any firearm or any firearm ammunition if the person
16has been convicted of a felony under the laws of this State or
17any other jurisdiction. This Section shall not apply if the
18person has been granted relief under this subsection by the
19Director of the Illinois State Police under Section 10 of the
20Firearm Owners Identification Card Act. A person prohibited
21from possessing a firearm under this subsection (a) may
22petition the Director of the Illinois State Police for a
23hearing and relief from the prohibition, unless the
24prohibition was based upon a forcible felony, stalking,
25aggravated stalking, domestic battery, any violation of the

 

 

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

 

 

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1    not be likely to act in a manner dangerous to public
2    safety;
3        (4) granting relief would not be contrary to the
4    public interest; and
5        (5) granting relief would not be contrary to federal
6    law.
7    (b) It is unlawful for any person confined in a penal
8institution, which is a facility of the Illinois Department of
9Corrections, to possess any weapon prohibited under Section
1024-1 of this Code or any firearm or firearm ammunition,
11regardless of the intent with which he possesses it.
12    (c) It shall be an affirmative defense to a violation of
13subsection (b), that such possession was specifically
14authorized by rule, regulation, or directive of the Illinois
15Department of Corrections or order issued pursuant thereto.
16    (d) The defense of necessity is not available to a person
17who is charged with a violation of subsection (b) of this
18Section.
19    (e) Sentence. Violation of this Section by a person not
20confined in a penal institution shall be a Class 3 felony for
21which the person shall be sentenced to no less than 2 years and
22no more than 10 years. A second or subsequent violation of this
23Section shall be a Class 2 felony for which the person shall be
24sentenced to a term of imprisonment of not less than 3 years
25and not more than 14 years, except as provided for in Section
265-4.5-110 of the Unified Code of Corrections. Violation of

 

 

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1this Section by a person not confined in a penal institution
2who has been convicted of a forcible felony, a felony
3violation of Article 24 of this Code or of the Firearm Owners
4Identification Card Act, stalking or aggravated stalking, or a
5Class 2 or greater felony under the Illinois Controlled
6Substances Act, the Cannabis Control Act, or the
7Methamphetamine Control and Community Protection Act is a
8Class 2 felony for which the person shall be sentenced to not
9less than 3 years and not more than 14 years, except as
10provided for in Section 5-4.5-110 of the Unified Code of
11Corrections. Violation of this Section by a person who is on
12parole or mandatory supervised release is a Class 2 felony for
13which the person shall be sentenced to not less than 3 years
14and not more than 14 years, except as provided for in Section
155-4.5-110 of the Unified Code of Corrections. Violation of
16this Section by a person not confined in a penal institution is
17a Class X felony when the firearm possessed is a machine gun.
18Any person who violates this Section while confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, is guilty of a Class 1 felony, if he possesses any
21weapon prohibited under Section 24-1 of this Code regardless
22of the intent with which he possesses it, a Class X felony if
23he possesses any firearm, firearm ammunition or explosive, and
24a Class X felony for which the offender shall be sentenced to
25not less than 12 years and not more than 50 years when the
26firearm possessed is a machine gun. A violation of this

 

 

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1Section while wearing or in possession of body armor as
2defined in Section 33F-1 is a Class X felony punishable by a
3term of imprisonment of not less than 10 years and not more
4than 40 years. The possession of each firearm or firearm
5ammunition in violation of this Section constitutes a single
6and separate violation.
7(Source: P.A. 102-538, eff. 8-20-21.)
 
8    (720 ILCS 5/24-1.6)
9    Sec. 24-1.6. Aggravated unlawful use of a weapon.
10    (a) A person commits the offense of aggravated unlawful
11use of a weapon when he or she knowingly:
12        (1) Carries on or about his or her person or in any
13    vehicle or concealed on or about his or her person except
14    when on his or her land or in his or her abode, legal
15    dwelling, or fixed place of business, or on the land or in
16    the legal dwelling of another person as an invitee with
17    that person's permission, any pistol, revolver, stun gun
18    or taser or other firearm; or
19        (2) Carries or possesses on or about his or her
20    person, upon any public street, alley, or other public
21    lands within the corporate limits of a city, village or
22    incorporated town, except when an invitee thereon or
23    therein, for the purpose of the display of such weapon or
24    the lawful commerce in weapons, or except when on his or
25    her own land or in his or her own abode, legal dwelling, or

 

 

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

 

 

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1        has not been issued a currently valid Firearm Owner's
2        Identification Card; or
3            (D) the person possessing the weapon was
4        previously adjudicated a delinquent minor under the
5        Juvenile Court Act of 1987 for an act that if committed
6        by an adult would be a felony; or
7            (E) the person possessing the weapon was engaged
8        in a misdemeanor violation of the Cannabis Control
9        Act, in a misdemeanor violation of the Illinois
10        Controlled Substances Act, or in a misdemeanor
11        violation of the Methamphetamine Control and Community
12        Protection Act; or
13            (F) (blank); or
14            (G) the person possessing the weapon had an order
15        of protection issued against him or her within the
16        previous 2 years; or
17            (H) the person possessing the weapon was engaged
18        in the commission or attempted commission of a
19        misdemeanor involving the use or threat of violence
20        against the person or property of another; or
21            (I) the person possessing the weapon was under 21
22        years of age and in possession of a handgun, unless the
23        person under 21 is engaged in lawful activities under
24        the Wildlife Code or described in subsection
25        24-2(b)(1), (b)(3), or 24-2(f).
26    (a-5) "Handgun" as used in this Section has the meaning

 

 

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

 

 

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

 

 

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

 

 

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1    Prevention Act.
2        "Street gang member" or "gang member" has the meaning
3    ascribed to it in Section 10 of the Illinois Streetgang
4    Terrorism Omnibus Prevention Act.
5(Source: P.A. 96-829, eff. 12-3-09.)
 
6    (720 ILCS 5/24-1.9)
7    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
8purchase of assault weapons, .50 caliber rifles, and .50
9caliber cartridges.
10    (a) Definitions. In this Section:
11    (1) "Assault weapon" means any of the following, except as
12provided in subdivision (2) of this subsection:
13        (A) A semiautomatic rifle that has the capacity to
14    accept a detachable magazine or that may be readily
15    modified to accept a detachable magazine, if the firearm
16    has one or more of the following:
17            (i) a pistol grip or thumbhole stock;
18            (ii) any feature capable of functioning as a
19        protruding grip that can be held by the non-trigger
20        hand;
21            (iii) a folding, telescoping, thumbhole, or
22        detachable stock, or a stock that is otherwise
23        foldable or adjustable in a manner that operates to
24        reduce the length, size, or any other dimension, or
25        otherwise enhances the concealability of, the weapon;

 

 

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1            (iv) a flash suppressor;
2            (v) a grenade launcher;
3            (vi) a shroud attached to the barrel or that
4        partially or completely encircles the barrel, allowing
5        the bearer to hold the firearm with the non-trigger
6        hand without being burned, but excluding a slide that
7        encloses the barrel.
8        (B) A semiautomatic rifle that has a fixed magazine
9    with the capacity to accept more than 10 rounds, except
10    for an attached tubular device designed to accept, and
11    capable of operating only with, .22 caliber rimfire
12    ammunition.
13        (C) A semiautomatic pistol that has the capacity to
14    accept a detachable magazine or that may be readily
15    modified to accept a detachable magazine, if the firearm
16    has one or more of the following:
17            (i) a threaded barrel;
18            (ii) a second pistol grip or another feature
19        capable of functioning as a protruding grip that can
20        be held by the non-trigger hand;
21            (iii) a shroud attached to the barrel or that
22        partially or completely encircles the barrel, allowing
23        the bearer to hold the firearm with the non-trigger
24        hand without being burned, but excluding a slide that
25        encloses the barrel;
26            (iv) a flash suppressor;

 

 

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1            (v) the capacity to accept a detachable magazine
2        at some location outside of the pistol grip; or
3            (vi) a buffer tube, arm brace, or other part that
4        protrudes horizontally behind the pistol grip and is
5        designed or redesigned to allow or facilitate a
6        firearm to be fired from the shoulder.
7        (D) A semiautomatic pistol that has a fixed magazine
8    with the capacity to accept more than 15 rounds.
9        (E) Any shotgun with a revolving cylinder.
10        (F) A semiautomatic shotgun that has one or more of
11    the following:
12            (i) a pistol grip or thumbhole stock;
13            (ii) any feature capable of functioning as a
14        protruding grip that can be held by the non-trigger
15        hand;
16            (iii) a folding or thumbhole stock;
17            (iv) a grenade launcher;
18            (v) a fixed magazine with the capacity of more
19        than 5 rounds; or
20            (vi) the capacity to accept a detachable magazine.
21        (G) Any semiautomatic firearm that has the capacity to
22    accept a belt ammunition feeding device.
23        (H) Any firearm that has been modified to be operable
24    as an assault weapon as defined in this Section.
25        (I) Any part or combination of parts designed or
26    intended to convert a firearm into an assault weapon,

 

 

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1    including any combination of parts from which an assault
2    weapon may be readily assembled if those parts are in the
3    possession or under the control of the same person.
4        (J) All of the following rifles, copies, duplicates,
5    variants, or altered facsimiles with the capability of any
6    such weapon:
7            (i) All AK types, including the following:
8                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
9            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
10            AK-47, VEPR, WASR-10, and WUM.
11                (II) IZHMASH Saiga AK.
12                (III) MAADI AK47 and ARM.
13                (IV) Norinco 56S, 56S2, 84S, and 86S.
14                (V) Poly Technologies AK47 and AKS.
15                (VI) SKS with a detachable magazine.
16            (ii) all AR types, including the following:
17                (I) AR-10.
18                (II) AR-15.
19                (III) Alexander Arms Overmatch Plus 16.
20                (IV) Armalite M15 22LR Carbine.
21                (V) Armalite M15-T.
22                (VI) Barrett REC7.
23                (VII) Beretta AR-70.
24                (VIII) Black Rain Ordnance Recon Scout.
25                (IX) Bushmaster ACR.
26                (X) Bushmaster Carbon 15.

 

 

HB2985- 214 -LRB103 26237 RLC 52596 b

1                (XI) Bushmaster MOE series.
2                (XII) Bushmaster XM15.
3                (XIII) Chiappa Firearms MFour rifles.
4                (XIV) Colt Match Target rifles.
5                (XV) CORE Rifle Systems CORE15 rifles.
6                (XVI) Daniel Defense M4A1 rifles.
7                (XVII) Devil Dog Arms 15 Series rifles.
8                (XVIII) Diamondback DB15 rifles.
9                (XIX) DoubleStar AR rifles.
10                (XX) DPMS Tactical rifles.
11                (XXI) DSA Inc. ZM-4 Carbine.
12                (XXII) Heckler & Koch MR556.
13                (XXIII) High Standard HSA-15 rifles.
14                (XXIV) Jesse James Nomad AR-15 rifle.
15                (XXV) Knight's Armament SR-15.
16                (XXVI) Lancer L15 rifles.
17                (XXVII) MGI Hydra Series rifles.
18                (XXVIII) Mossberg MMR Tactical rifles.
19                (XXIX) Noreen Firearms BN 36 rifle.
20                (XXX) Olympic Arms.
21                (XXXI) POF USA P415.
22                (XXXII) Precision Firearms AR rifles.
23                (XXXIII) Remington R-15 rifles.
24                (XXXIV) Rhino Arms AR rifles.
25                (XXXV) Rock River Arms LAR-15 or Rock River
26            Arms LAR-47.

 

 

HB2985- 215 -LRB103 26237 RLC 52596 b

1                (XXXVI) Sig Sauer SIG516 rifles and MCX
2            rifles.
3                (XXXVII) Smith & Wesson M&P15 rifles.
4                (XXXVIII) Stag Arms AR rifles.
5                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
6            rifles.
7                (XL) Uselton Arms Air-Lite M-4 rifles.
8                (XLI) Windham Weaponry AR rifles.
9                (XLII) WMD Guns Big Beast.
10                (XLIII) Yankee Hill Machine Company, Inc.
11            YHM-15 rifles.
12            (iii) Barrett M107A1.
13            (iv) Barrett M82A1.
14            (v) Beretta CX4 Storm.
15            (vi) Calico Liberty Series.
16            (vii) CETME Sporter.
17            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
18        AR 110C.
19            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
20        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
21            (x) Feather Industries AT-9.
22            (xi) Galil Model AR and Model ARM.
23            (xii) Hi-Point Carbine.
24            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
25            (xiv) IWI TAVOR, Galil ACE rifle.
26            (xv) Kel-Tec Sub-2000, SU-16, and RFB.

 

 

HB2985- 216 -LRB103 26237 RLC 52596 b

1            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
2        Sauer SG 551, and SIG MCX.
3            (xvii) Springfield Armory SAR-48.
4            (xviii) Steyr AUG.
5            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
6        M-14/20CF.
7            (xx) All Thompson rifles, including the following:
8                (I) Thompson M1SB.
9                (II) Thompson T1100D.
10                (III) Thompson T150D.
11                (IV) Thompson T1B.
12                (V) Thompson T1B100D.
13                (VI) Thompson T1B50D.
14                (VII) Thompson T1BSB.
15                (VIII) Thompson T1-C.
16                (IX) Thompson T1D.
17                (X) Thompson T1SB.
18                (XI) Thompson T5.
19                (XII) Thompson T5100D.
20                (XIII) Thompson TM1.
21                (XIV) Thompson TM1C.
22            (xxi) UMAREX UZI rifle.
23            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
24        UZI Model B Carbine.
25            (xxiii) Valmet M62S, M71S, and M78.
26            (xxiv) Vector Arms UZI Type.

 

 

HB2985- 217 -LRB103 26237 RLC 52596 b

1            (xxv) Weaver Arms Nighthawk.
2            (xxvi) Wilkinson Arms Linda Carbine.
3        (K) All of the following pistols, copies, duplicates,
4    variants, or altered facsimiles with the capability of any
5    such weapon thereof:
6            (i) All AK types, including the following:
7                (I) Centurion 39 AK pistol.
8                (II) CZ Scorpion pistol.
9                (III) Draco AK-47 pistol.
10                (IV) HCR AK-47 pistol.
11                (V) IO Inc. Hellpup AK-47 pistol.
12                (VI) Krinkov pistol.
13                (VII) Mini Draco AK-47 pistol.
14                (VIII) PAP M92 pistol.
15                (IX) Yugo Krebs Krink pistol.
16            (ii) All AR types, including the following:
17                (I) American Spirit AR-15 pistol.
18                (II) Bushmaster Carbon 15 pistol.
19                (III) Chiappa Firearms M4 Pistol GEN II.
20                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
21                (V) Daniel Defense MK18 pistol.
22                (VI) DoubleStar Corporation AR pistol.
23                (VII) DPMS AR-15 pistol.
24                (VIII) Jesse James Nomad AR-15 pistol.
25                (IX) Olympic Arms AR-15 pistol.
26                (X) Osprey Armament MK-18 pistol.

 

 

HB2985- 218 -LRB103 26237 RLC 52596 b

1                (XI) POF USA AR pistols.
2                (XII) Rock River Arms LAR 15 pistol.
3                (XIII) Uselton Arms Air-Lite M-4 pistol.
4            (iii) Calico pistols.
5            (iv) DSA SA58 PKP FAL pistol.
6            (v) Encom MP-9 and MP-45.
7            (vi) Heckler & Koch model SP-89 pistol.
8            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
9        TEC-DC9.
10            (viii) IWI Galil Ace pistol, UZI PRO pistol.
11            (ix) Kel-Tec PLR 16 pistol.
12            (x) All MAC types, including the following:
13                (I) MAC-10.
14                (II) MAC-11.
15                (III) Masterpiece Arms MPA A930 Mini Pistol,
16            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
17            Tactical Pistol.
18                (IV) Military Armament Corp. Ingram M-11.
19                (V) Velocity Arms VMAC.
20            (xi) Sig Sauer P556 pistol.
21            (xii) Sites Spectre.
22            (xiii) All Thompson types, including the
23        following:
24                (I) Thompson TA510D.
25                (II) Thompson TA5.
26            (xiv) All UZI types, including Micro-UZI.

 

 

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1        (L) All of the following shotguns, copies, duplicates,
2    variants, or altered facsimiles with the capability of any
3    such weapon thereof:
4            (i) DERYA Anakon MC-1980, Anakon SD12.
5            (ii) Doruk Lethal shotguns.
6            (iii) Franchi LAW-12 and SPAS 12.
7            (iv) All IZHMASH Saiga 12 types, including the
8        following:
9                (I) IZHMASH Saiga 12.
10                (II) IZHMASH Saiga 12S.
11                (III) IZHMASH Saiga 12S EXP-01.
12                (IV) IZHMASH Saiga 12K.
13                (V) IZHMASH Saiga 12K-030.
14                (VI) IZHMASH Saiga 12K-040 Taktika.
15            (v) Streetsweeper.
16            (vi) Striker 12.
17    (2) "Assault weapon" does not include:
18        (A) Any firearm that is an unserviceable firearm or
19    has been made permanently inoperable.
20        (B) An antique firearm or a replica of an antique
21    firearm.
22        (C) A firearm that is manually operated by bolt, pump,
23    lever or slide action, unless the firearm is a shotgun
24    with a revolving cylinder.
25        (D) Any air rifle as defined in Section 24.8-0.1 of
26    this Code.

 

 

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1        (E) Any handgun, as defined under the Firearm
2    Concealed Carry Act, unless otherwise listed in this
3    Section.
4    (3) "Assault weapon attachment" means any device capable
5of being attached to a firearm that is specifically designed
6for making or converting a firearm into any of the firearms
7listed in paragraph (1) of this subsection (a).
8    (4) "Antique firearm" has the meaning ascribed to it in 18
9U.S.C. 921(a)(16).
10    (5) ".50 caliber rifle" means a centerfire rifle capable
11of firing a .50 caliber cartridge. The term does not include
12any antique firearm, any shotgun including a shotgun that has
13a rifle barrel, or any muzzle-loader which uses black powder
14for hunting or historical reenactments.
15    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
16caliber, either by designation or actual measurement, that is
17capable of being fired from a centerfire rifle. The term ".50
18caliber cartridge" does not include any memorabilia or display
19item that is filled with a permanent inert substance or that is
20otherwise permanently altered in a manner that prevents ready
21modification for use as live ammunition or shotgun ammunition
22with a caliber measurement that is equal to or greater than .50
23caliber.
24    (7) "Detachable magazine" means an ammunition feeding
25device that may be removed from a firearm without disassembly
26of the firearm action, including an ammunition feeding device

 

 

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1that may be readily removed from a firearm with the use of a
2bullet, cartridge, accessory, or other tool, or any other
3object that functions as a tool, including a bullet or
4cartridge.
5    (8) "Fixed magazine" means an ammunition feeding device
6that is permanently attached to a firearm, or contained in and
7not removable from a firearm, or that is otherwise not a
8detachable magazine, but does not include an attached tubular
9device designed to accept, and capable of operating only with,
10.22 caliber rimfire ammunition.
11    (b) Except as provided in subsections (c), (d), and (e),
12on or after the effective date of this amendatory Act of the
13102nd General Assembly, it is unlawful for any person within
14this State to knowingly manufacture, deliver, sell, import, or
15purchase or cause to be manufactured, delivered, sold,
16imported, or purchased by another, an assault weapon, assault
17weapon attachment, .50 caliber rifle, or .50 caliber
18cartridge.
19    (c) Except as otherwise provided in subsection (d),
20beginning January 1, 2024, it is unlawful for any person
21within this State to knowingly possess an assault weapon,
22assault weapon attachment, .50 caliber rifle, or .50 caliber
23cartridge.
24    (d) This Section does not apply to a person's possession
25of an assault weapon, assault weapon attachment, .50 caliber
26rifle, or .50 caliber cartridge device if the person lawfully

 

 

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1possessed that assault weapon, assault weapon attachment, .50
2caliber rifle, or .50 caliber cartridge prohibited by
3subsection (c) of this Section, if the person has provided in
4an endorsement affidavit, prior to January 1, 2024, under oath
5or affirmation and in the form and manner prescribed by the
6Illinois State Police, no later than October 1, 2023:
7        (1) the affiant's Firearm Owner's Identification Card
8    number;
9        (2) an affirmation that the affiant: (i) possessed an
10    assault weapon, assault weapon attachment, .50 caliber
11    rifle, or .50 caliber cartridge before the effective date
12    of this amendatory Act of the 102nd General Assembly; or
13    (ii) inherited the assault weapon, assault weapon
14    attachment, .50 caliber rifle, or .50 caliber cartridge
15    from a person with an endorsement under this Section or
16    from a person authorized under subdivisions (1) through
17    (5) of subsection (e) to possess the assault weapon,
18    assault weapon attachment, .50 caliber rifle, or .50
19    caliber cartridge; and
20        (3) the make, model, caliber, and serial number of the
21    .50 caliber rifle or assault weapon or assault weapons
22    listed in paragraphs (J), (K), and (L) of subdivision (1)
23    of subsection (a) of this Section possessed by the affiant
24    prior to the effective date of this amendatory Act of the
25    102nd General Assembly and any assault weapons identified
26    and published by the Illinois State Police pursuant to

 

 

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1    this subdivision (3). No later than October 1, 2023, and
2    every October 1 thereafter, the Illinois State Police
3    shall, via rulemaking, identify, publish, and make
4    available on its website, the list of assault weapons
5    subject to an endorsement affidavit under this subsection
6    (d). The list shall identify, but is not limited to, the
7    copies, duplicates, variants, and altered facsimiles of
8    the assault weapons identified in paragraphs (J), (K), and
9    (L) of subdivision (1) of subsection (a) of this Section
10    and shall be consistent with the definition of "assault
11    weapon" identified in this Section. The Illinois State
12    Police may adopt emergency rulemaking in accordance with
13    Section 5-45 of the Illinois Administrative Procedure Act.
14    The adoption of emergency rules authorized by Section 5-45
15    of the Illinois Administrative Procedure Act and this
16    paragraph is deemed to be necessary for the public
17    interest, safety, and welfare.
18    The affidavit form shall include the following statement
19printed in bold type: "Warning: Entering false information on
20this form is punishable as perjury under Section 32-2 of the
21Criminal Code of 2012. Entering false information on this form
22is a violation of the Firearm Owners Identification Card Act."
23    In any administrative, civil, or criminal proceeding in
24this State, a completed endorsement affidavit submitted to the
25Illinois State Police by a person under this Section creates a
26rebuttable presumption that the person is entitled to possess

 

 

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1and transport the assault weapon, assault weapon attachment,
2.50 caliber rifle, or .50 caliber cartridge.
3    Beginning 90 days after the effective date of this
4amendatory Act of the 102nd General Assembly, a person
5authorized under this Section to possess an assault weapon,
6assault weapon attachment, .50 caliber rifle, or .50 caliber
7cartridge shall possess such items only:
8        (1) on private property owned or immediately
9    controlled by the person;
10        (2) on private property that is not open to the public
11    with the express permission of the person who owns or
12    immediately controls such property;
13        (3) while on the premises of a licensed firearms
14    dealer or gunsmith for the purpose of lawful repair;
15        (4) while engaged in the legal use of the assault
16    weapon, assault weapon attachment, .50 caliber rifle, or
17    .50 caliber cartridge at a properly licensed firing range
18    or sport shooting competition venue; or
19        (5) while traveling to or from these locations,
20    provided that the assault weapon, assault weapon
21    attachment, or .50 caliber rifle is unloaded and the
22    assault weapon, assault weapon attachment, .50 caliber
23    rifle, or .50 caliber cartridge is enclosed in a case,
24    firearm carrying box, shipping box, or other container.
25    Beginning on January 1, 2024, the person with the
26endorsement for an assault weapon, assault weapon attachment,

 

 

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1.50 caliber rifle, or .50 caliber cartridge or a person
2authorized under subdivisions (1) through (5) of subsection
3(e) to possess an assault weapon, assault weapon attachment,
4.50 caliber rifle, or .50 caliber cartridge may transfer the
5assault weapon, assault weapon attachment, .50 caliber rifle,
6or .50 caliber cartridge only to an heir, an individual
7residing in another state maintaining it in another state, or
8a dealer licensed as a federal firearms dealer under Section
9923 of the federal Gun Control Act of 1968. Within 10 days
10after transfer of the weapon except to an heir, the person
11shall notify the Illinois State Police of the name and address
12of the transferee and comply with the requirements of
13subsection (b) of Section 3 of the Firearm Owners
14Identification Card Act. The person to whom the weapon or
15ammunition is transferred shall, within 60 days of the
16transfer, complete an affidavit required under this Section. A
17person to whom the weapon is transferred may transfer it only
18as provided in this subsection.
19    Except as provided in subsection (e) and beginning on
20January 1, 2024, any person who moves into this State in
21possession of an assault weapon, assault weapon attachment,
22.50 caliber rifle, or .50 caliber cartridge shall, within 60
23days, apply for a Firearm Owners Identification Card and
24complete an endorsement application as outlined in subsection
25(d).
26    Notwithstanding any other law, information contained in

 

 

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1the endorsement affidavit shall be confidential, is exempt
2from disclosure under the Freedom of Information Act, and
3shall not be disclosed, except to law enforcement agencies
4acting in the performance of their duties.
5    (e) The provisions of this Section regarding the purchase
6or possession of assault weapons, assault weapon attachments,
7.50 caliber rifles, and .50 cartridges, as well as the
8provisions of this Section that prohibit causing those items
9to be purchased or possessed, do not apply to:
10        (1) Peace officers, as defined in Section 2-13 of this
11    Code.
12        (2) Qualified law enforcement officers and qualified
13    retired law enforcement officers as defined in the Law
14    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
15    and 926C) and as recognized under Illinois law.
16        (3) Acquisition and possession by a federal, State, or
17    local law enforcement agency for the purpose of equipping
18    the agency's peace officers as defined in paragraph (1) or
19    (2) of this subsection (e).
20        (4) Wardens, superintendents, and keepers of prisons,
21    penitentiaries, jails, and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (5) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while
25    performing their official duties or while traveling to or
26    from their places of duty.

 

 

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1        (6) Any company that employs armed security officers
2    in this State at a nuclear energy, storage, weapons, or
3    development site or facility regulated by the federal
4    Nuclear Regulatory Commission and any person employed as
5    an armed security force member at a nuclear energy,
6    storage, weapons, or development site or facility
7    regulated by the federal Nuclear Regulatory Commission who
8    has completed the background screening and training
9    mandated by the rules and regulations of the federal
10    Nuclear Regulatory Commission and while performing
11    official duties.
12        (7) Any private security contractor agency licensed
13    under the Private Detective, Private Alarm, Private
14    Security, Fingerprint Vendor, and Locksmith Act of 2004
15    that employs private security contractors and any private
16    security contractor who is licensed and has been issued a
17    firearm control card under the Private Detective, Private
18    Alarm, Private Security, Fingerprint Vendor, and Locksmith
19    Act of 2004 while performing official duties.
20    The provisions of this Section do not apply to the
21manufacture, delivery, sale, import, purchase, or possession
22of an assault weapon, assault weapon attachment, .50 caliber
23rifle, or .50 caliber cartridge or causing the manufacture,
24delivery, sale, importation, purchase, or possession of those
25items:
26        (A) for sale or transfer to persons authorized under

 

 

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1    subdivisions (1) through (7) of this subsection (e) to
2    possess those items;
3        (B) for sale or transfer to the United States or any
4    department or agency thereof; or
5        (C) for sale or transfer in another state or for
6    export.
7    This Section does not apply to or affect any of the
8following:
9        (i) Possession of any firearm if that firearm is
10    sanctioned by the International Olympic Committee and by
11    USA Shooting, the national governing body for
12    international shooting competition in the United States,
13    but only when the firearm is in the actual possession of an
14    Olympic target shooting competitor or target shooting
15    coach for the purpose of storage, transporting to and from
16    Olympic target shooting practice or events if the firearm
17    is broken down in a nonfunctioning state, is not
18    immediately accessible, or is unloaded and enclosed in a
19    firearm case, carrying box, shipping box, or other similar
20    portable container designed for the safe transportation of
21    firearms, and when the Olympic target shooting competitor
22    or target shooting coach is engaging in those practices or
23    events. For the purposes of this paragraph (8), "firearm"
24    has the meaning provided in Section 2-7.5 1.1 of the
25    Firearm Owners Identification Card Act.
26        (ii) Any nonresident who transports, within 24 hours,

 

 

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1    a weapon for any lawful purpose from any place where the
2    nonresident may lawfully possess and carry that weapon to
3    any other place where the nonresident may lawfully possess
4    and carry that weapon if, during the transportation, the
5    weapon is unloaded, and neither the weapon nor any
6    ammunition being transported is readily accessible or is
7    directly accessible from the passenger compartment of the
8    transporting vehicle. In the case of a vehicle without a
9    compartment separate from the driver's compartment, the
10    weapon or ammunition shall be contained in a locked
11    container other than the glove compartment or console.
12        (iii) Possession of a weapon at an event taking place
13    at the World Shooting and Recreational Complex at Sparta,
14    only while engaged in the legal use of the weapon, or while
15    traveling to or from that location if the weapon is broken
16    down in a nonfunctioning state, is not immediately
17    accessible, or is unloaded and enclosed in a firearm case,
18    carrying box, shipping box, or other similar portable
19    container designed for the safe transportation of
20    firearms.
21        (iv) Possession of a weapon only for hunting use
22    expressly permitted under the Wildlife Code, or while
23    traveling to or from a location authorized for this
24    hunting use under the Wildlife Code if the weapon is
25    broken down in a nonfunctioning state, is not immediately
26    accessible, or is unloaded and enclosed in a firearm case,

 

 

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1    carrying box, shipping box, or other similar portable
2    container designed for the safe transportation of
3    firearms. By October 1, 2023, the Illinois State Police,
4    in consultation with the Department of Natural Resources,
5    shall adopt rules concerning the list of applicable
6    weapons approved under this subparagraph (iv). The
7    Illinois State Police may adopt emergency rules in
8    accordance with Section 5-45 of the Illinois
9    Administrative Procedure Act. The adoption of emergency
10    rules authorized by Section 5-45 of the Illinois
11    Administrative Procedure Act and this paragraph is deemed
12    to be necessary for the public interest, safety, and
13    welfare.
14        (v) The manufacture, transportation, possession, sale,
15    or rental of blank-firing assault weapons and .50 caliber
16    rifles, or the weapon's respective attachments, to persons
17    authorized or permitted, or both authorized and permitted,
18    to acquire and possess these weapons or attachments for
19    the purpose of rental for use solely as props for a motion
20    picture, television, or video production or entertainment
21    event.
22    Any person not subject to this Section may submit an
23endorsement affidavit if the person chooses.
24    (f) Any sale or transfer with a background check initiated
25to the Illinois State Police on or before the effective date of
26this amendatory Act of the 102nd General Assembly is allowed

 

 

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1to be completed after the effective date of this amendatory
2Act once an approval is issued by the Illinois State Police and
3any applicable waiting period under Section 24-3 has expired.
4    (g) The Illinois State Police shall take all steps
5necessary to carry out the requirements of this Section within
6by October 1, 2023.
7    (h) The Department of the State Police shall also develop
8and implement a public notice and public outreach campaign to
9promote awareness about the provisions of this amendatory Act
10of the 102nd General Assembly and to increase compliance with
11this Section.
12(Source: P.A. 102-1116, eff. 1-10-23.)
 
13    (720 ILCS 5/24-1.10)
14    Sec. 24-1.10. Manufacture, delivery, sale, and possession
15of large capacity ammunition feeding devices.
16    (a) In this Section:
17    "Handgun" has the meaning ascribed to it in the Firearm
18Concealed Carry Act.
19    "Long gun" means a rifle or shotgun.
20    "Large capacity ammunition feeding device" means:
21        (1) a magazine, belt, drum, feed strip, or similar
22    device that has a capacity of, or that can be readily
23    restored or converted to accept, more than 10 rounds of
24    ammunition for long guns and more than 15 rounds of
25    ammunition for handguns; or

 

 

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1        (2) any combination of parts from which a device
2    described in paragraph (1) can be assembled.
3    "Large capacity ammunition feeding device" does not
4include an attached tubular device designed to accept, and
5capable of operating only with, .22 caliber rimfire
6ammunition. "Large capacity ammunition feeding device" does
7not include a tubular magazine that is contained in a
8lever-action firearm or any device that has been made
9permanently inoperable.
10    (b) Except as provided in subsections (e) and (f), it is
11unlawful for any person within this State to knowingly
12manufacture, deliver, sell, purchase, or cause to be
13manufactured, delivered, sold, or purchased a large capacity
14ammunition feeding device.
15    (c) Except as provided in subsections (d), (e), and (f),
16and beginning 90 days after the effective date of this
17amendatory Act of the 102nd General Assembly, it is unlawful
18to knowingly possess a large capacity ammunition feeding
19device.
20    (d) Subsection (c) does not apply to a person's possession
21of a large capacity ammunition feeding device if the person
22lawfully possessed that large capacity ammunition feeding
23device before the effective date of this amendatory Act of the
24102nd General Assembly, provided that the person shall possess
25such device only:
26        (1) on private property owned or immediately

 

 

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1    controlled by the person;
2        (2) on private property that is not open to the public
3    with the express permission of the person who owns or
4    immediately controls such property;
5        (3) while on the premises of a licensed firearms
6    dealer or gunsmith for the purpose of lawful repair;
7        (4) while engaged in the legal use of the large
8    capacity ammunition feeding device at a properly licensed
9    firing range or sport shooting competition venue; or
10        (5) while traveling to or from these locations,
11    provided that the large capacity ammunition feeding device
12    is stored unloaded and enclosed in a case, firearm
13    carrying box, shipping box, or other container.
14    A person authorized under this Section to possess a large
15capacity ammunition feeding device may transfer the large
16capacity ammunition feeding device only to an heir, an
17individual residing in another state maintaining it in another
18state, or a dealer licensed as a federal firearms dealer under
19Section 923 of the federal Gun Control Act of 1968. Within 10
20days after transfer of the large capacity ammunition feeding
21device except to an heir, the person shall notify the Illinois
22State Police of the name and address of the transferee and
23comply with the requirements of subsection (b) of Section 3 of
24the Firearm Owners Identification Card Act. The person to whom
25the large capacity ammunition feeding device is transferred
26shall, within 60 days of the transfer, notify the Illinois

 

 

HB2985- 234 -LRB103 26237 RLC 52596 b

1State Police of the person's acquisition and comply with the
2requirements of subsection (b) of Section 3 of the Firearm
3Owners Identification Card Act. A person to whom the large
4capacity ammunition feeding device is transferred may transfer
5it only as provided in this subsection.
6    Except as provided in subsections (e) and (f) and
7beginning 90 days after the effective date of this amendatory
8Act of the 102nd General Assembly, any person who moves into
9this State in possession of a large capacity ammunition
10feeding device shall, within 60 days, apply for a Firearm
11Owners Identification Card.
12    (e) The provisions of this Section regarding the purchase
13or possession of large capacity ammunition feeding devices, as
14well as the provisions of this Section that prohibit causing
15those items to be purchased or possessed, do not apply to:
16        (1) Peace officers as defined in Section 2-13 of this
17    Code.
18        (2) Qualified law enforcement officers and qualified
19    retired law enforcement officers as defined in the Law
20    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
21    and 926C) and as recognized under Illinois law.
22        (3) A federal, State, or local law enforcement agency
23    for the purpose of equipping the agency's peace officers
24    as defined in paragraph (1) or (2) of this subsection (e).
25        (4) Wardens, superintendents, and keepers of prisons,
26    penitentiaries, jails, and other institutions for the

 

 

HB2985- 235 -LRB103 26237 RLC 52596 b

1    detention of persons accused or convicted of an offense.
2        (5) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard, while
4    their official duties or while traveling to or from their
5    places of duty.
6        (6) Any company that employs armed security officers
7    in this State at a nuclear energy, storage, weapons, or
8    development site or facility regulated by the federal
9    Nuclear Regulatory Commission and any person employed as
10    an armed security force member at a nuclear energy,
11    storage, weapons, or development site or facility
12    regulated by the federal Nuclear Regulatory Commission who
13    has completed the background screening and training
14    mandated by the rules and regulations of the federal
15    Nuclear Regulatory Commission and while performing
16    official duties.
17        (7) Any private security contractor agency licensed
18    under the Private Detective, Private Alarm, Private
19    Security, Fingerprint Vendor, and Locksmith Act of 2004
20    that employs private security contractors and any private
21    security contractor who is licensed and has been issued a
22    firearm control card under the Private Detective, Private
23    Alarm, Private Security, Fingerprint Vendor, and Locksmith
24    Act of 2004 while performing official duties.
25    (f) This Section does not apply to or affect any of the
26following:

 

 

HB2985- 236 -LRB103 26237 RLC 52596 b

1        (1) Manufacture, delivery, sale, importation,
2    purchase, or possession or causing to be manufactured,
3    delivered, sold, imported, purchased, or possessed a large
4    capacity ammunition feeding device:
5            (A) for sale or transfer to persons authorized
6        under subdivisions (1) through (7) of subsection (e)
7        to possess those items;
8            (B) for sale or transfer to the United States or
9        any department or agency thereof; or
10            (C) for sale or transfer in another state or for
11        export.
12        (2) Sale or rental of large capacity ammunition
13    feeding devices for blank-firing assault weapons and .50
14    caliber rifles, to persons authorized or permitted, or
15    both authorized and permitted, to acquire these devices
16    for the purpose of rental for use solely as props for a
17    motion picture, television, or video production or
18    entertainment event.
19    (g) Sentence. A person who knowingly manufactures,
20delivers, sells, purchases, possesses, or causes to be
21manufactured, delivered, sold, possessed, or purchased in
22violation of this Section a large capacity ammunition feeding
23device capable of holding more than 10 rounds of ammunition
24for long guns or more than 15 rounds of ammunition for handguns
25commits a petty offense with a fine of $1,000 for each
26violation.

 

 

HB2985- 237 -LRB103 26237 RLC 52596 b

1    (h) The Department of the State Police shall also develop
2and implement a public notice and public outreach campaign to
3promote awareness about the provisions of this amendatory Act
4of the 102nd General Assembly and to increase compliance with
5this Section.
6(Source: P.A. 102-1116, eff. 1-10-23.)
 
7    (720 ILCS 5/24-2)
8    Sec. 24-2. Exemptions.
9    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
11the following:
12        (1) Peace officers, and any person summoned by a peace
13    officer to assist in making arrests or preserving the
14    peace, while actually engaged in assisting such officer.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense,
18    while in the performance of their official duty, or while
19    commuting between their homes and places of employment.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard or the
22    Reserve Officers Training Corps, while in the performance
23    of their official duty.
24        (4) Special agents employed by a railroad or a public
25    utility to perform police functions, and guards of armored

 

 

HB2985- 238 -LRB103 26237 RLC 52596 b

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

 

 

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1    cards issued under the provisions of the Private
2    Detective, Private Alarm, Private Security, Fingerprint
3    Vendor, and Locksmith Act of 2004. The firearm control
4    card shall be carried by the private security contractor,
5    private detective, or private alarm contractor, or
6    employee of the licensed private security contractor,
7    private detective, or private alarm contractor agency at
8    all times when he or she is in possession of a concealable
9    weapon permitted by his or her firearm control card.
10        (6) Any person regularly employed in a commercial or
11    industrial operation as a security guard for the
12    protection of persons employed and private property
13    related to such commercial or industrial operation, while
14    actually engaged in the performance of his or her duty or
15    traveling between sites or properties belonging to the
16    employer, and who, as a security guard, is a member of a
17    security force registered with the Department of Financial
18    and Professional Regulation; provided that such security
19    guard has successfully completed a course of study,
20    approved by and supervised by the Department of Financial
21    and Professional Regulation, consisting of not less than
22    48 hours of training that includes the theory of law
23    enforcement, liability for acts, and the handling of
24    weapons. A person shall be considered eligible for this
25    exemption if he or she has completed the required 20 hours
26    of training for a security officer and 28 hours of

 

 

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

 

 

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1    supervised by the Department of Financial and Professional
2    Regulation, consisting of not less than 48 hours of
3    training which includes theory of law enforcement,
4    liability for acts, and the handling of weapons. A person
5    shall be considered to be eligible for this exemption if
6    he or she has completed the required 20 hours of training
7    for a security officer and 28 hours of required firearm
8    training, and has been issued a firearm control card by
9    the Department of Financial and Professional Regulation.
10    Conditions for renewal of firearm control cards issued
11    under the provisions of this Section shall be the same as
12    for those issued under the provisions of the Private
13    Detective, Private Alarm, Private Security, Fingerprint
14    Vendor, and Locksmith Act of 2004. The firearm control
15    card shall be carried by the security guard at all times
16    when he or she is in possession of a concealable weapon
17    permitted by his or her firearm control card. For purposes
18    of this subsection, "financial institution" means a bank,
19    savings and loan association, credit union or company
20    providing armored car services.
21        (9) Any person employed by an armored car company to
22    drive an armored car, while actually engaged in the
23    performance of his duties.
24        (10) Persons who have been classified as peace
25    officers pursuant to the Peace Officer Fire Investigation
26    Act.

 

 

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

 

 

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1    to persons authorized under subdivisions (1) through
2    (13.5) of this subsection to possess those weapons.
3    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
9to or affect a qualified current or retired law enforcement
10officer or a current or retired deputy, county correctional
11officer, or correctional officer of the Department of
12Corrections qualified under the laws of this State or under
13the federal Law Enforcement Officers Safety Act.
14    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16        (1) Members of any club or organization organized for
17    the purpose of practicing shooting at targets upon
18    established target ranges, whether public or private, and
19    patrons of such ranges, while such members or patrons are
20    using their firearms on those target ranges.
21        (2) Duly authorized military or civil organizations
22    while parading, with the special permission of the
23    Governor.
24        (3) Hunters, trappers, or fishermen while engaged in
25    lawful hunting, trapping, or fishing under the provisions
26    of the Wildlife Code or the Fish and Aquatic Life Code.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1devices, firearms, or ammunition, but only with respect to
2activities that are within the lawful scope of that business,
3such as the manufacture, transportation, or testing of those
4devices, firearms, or ammunition. This exemption does not
5authorize the general private possession of any device or
6attachment of any kind designed, used, or intended for use in
7silencing the report of any firearm, but only such possession
8and activities as are within the lawful scope of a licensed
9manufacturing business described in this subsection (g-5).
10During transportation, these devices shall be detached from
11any weapon or not immediately accessible.
12    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 do not apply to or affect any parole agent or parole
14supervisor who meets the qualifications and conditions
15prescribed in Section 3-14-1.5 of the Unified Code of
16Corrections.
17    (g-7) Subsection 24-1(a)(6) does not apply to a peace
18officer while serving as a member of a tactical response team
19or special operations team. A peace officer may not personally
20own or apply for ownership of a device or attachment of any
21kind designed, used, or intended for use in silencing the
22report of any firearm. These devices shall be owned and
23maintained by lawfully recognized units of government whose
24duties include the investigation of criminal acts.
25    (g-10) (Blank).
26    (h) An information or indictment based upon a violation of

 

 

HB2985- 249 -LRB103 26237 RLC 52596 b

1any subsection of this Article need not negative any
2exemptions contained in this Article. The defendant shall have
3the burden of proving such an exemption.
4    (i) Nothing in this Article shall prohibit, apply to, or
5affect the transportation, carrying, or possession, of any
6pistol or revolver, stun gun, taser, or other firearm
7consigned to a common carrier operating under license of the
8State of Illinois or the federal government, where such
9transportation, carrying, or possession is incident to the
10lawful transportation in which such common carrier is engaged;
11and nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession of any
13pistol, revolver, stun gun, taser, or other firearm, not the
14subject of and regulated by subsection 24-1(a)(7) or
15subsection 24-2(c) of this Article, which is unloaded and
16enclosed in a case, firearm carrying box, shipping box, or
17other container, by a person eligible under State and federal
18law to possess a firearm the possessor of a valid Firearm
19Owners Identification Card.
20(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
21102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
2212-14-22.)
 
23    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
24    Sec. 24-3. Unlawful sale or delivery of firearms.
25    (A) A person commits the offense of unlawful sale or

 

 

HB2985- 250 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 251 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 252 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 253 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 254 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 255 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 256 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1subsection (A) of this Section may be commenced within 5 years
2after the commission of the offense defined in the particular
3paragraph.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5102-813, eff. 5-13-22.)
 
6    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
7    Sec. 24-3.1. Unlawful possession of firearms and firearm
8ammunition.
9    (a) A person commits the offense of unlawful possession of
10firearms or firearm ammunition when:
11        (1) He is under 18 years of age and has in his
12    possession any firearm of a size which may be concealed
13    upon the person; or
14        (2) He is under 21 years of age, has been convicted of
15    a misdemeanor other than a traffic offense or adjudged
16    delinquent and has any firearms or firearm ammunition in
17    his possession; or
18        (3) He is a narcotic addict and has any firearms or
19    firearm ammunition in his possession; or
20        (4) He has been a patient in a mental institution
21    within the past 5 years and has any firearms or firearm
22    ammunition in his possession. For purposes of this
23    paragraph (4):
24            "Mental institution" means any hospital,
25        institution, clinic, evaluation facility, mental

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2985- 269 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 270 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 271 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 272 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

HB2985- 274 -LRB103 26237 RLC 52596 b

1regarding confidentiality, enter into a memorandum of
2understanding with the Federal Bureau of Investigation for the
3purpose of implementing the National Instant Criminal
4Background Check System in the State. The Department of State
5Police shall report the name, date of birth, and physical
6description of any person prohibited from possessing a firearm
7under this Code or 18 U.S.C. 922(g) and (n) to the National
8Instant Criminal Background Check System Index, Denied Persons
9Files.
10    (f) The Illinois State Police shall adopt rules not
11inconsistent with this Section to implement this system.
 
12    (720 ILCS 5/24-5.1)
13    Sec. 24-5.1. Serialization of unfinished frames or
14receivers; prohibition on unserialized firearms; exceptions;
15penalties.
16    (a) In this Section:
17    "Bona fide supplier" means an established business entity
18engaged in the development and sale of firearms parts to one or
19more federal firearms manufacturers or federal firearms
20importers.
21    "Federal firearms dealer" means a licensed manufacturer
22pursuant to 18 U.S.C. 921(a)(11).
23    "Federal firearms importer" means a licensed importer
24pursuant to 18 U.S.C. 921(a)(9).
25    "Federal firearms manufacturer" means a licensed

 

 

HB2985- 275 -LRB103 26237 RLC 52596 b

1manufacturer pursuant to 18 U.S.C. 921(a)(10).
2    "Frame or receiver" means a part of a firearm that, when
3the complete weapon is assembled, is visible from the exterior
4and provides housing or a structure designed to hold or
5integrate one or more fire control components, even if pins or
6other attachments are required to connect those components to
7the housing or structure. For models of firearms in which
8multiple parts provide such housing or structure, the part or
9parts that the Director of the federal Bureau of Alcohol,
10Tobacco, Firearms and Explosives has determined are a frame or
11receiver constitute the frame or receiver. For purposes of
12this definition, "fire control component" means a component
13necessary for the firearm to initiate, complete, or continue
14the firing sequence, including any of the following: hammer,
15bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
16firing pin, striker, or slide rails.
17    "Security exemplar" means an object to be fabricated at
18the direction of the United States Attorney General that is
19(1) constructed of 3.7 ounces of material type 17-4 PH
20stainless steel in a shape resembling a handgun and (2)
21suitable for testing and calibrating metal detectors.
22    "Three-dimensional printer" means a computer or
23computer-drive machine capable of producing a
24three-dimensional object from a digital model.
25    "Undetectable firearm" means (1) a firearm constructed
26entirely of non-metal substances; (2) a firearm that, after

 

 

HB2985- 276 -LRB103 26237 RLC 52596 b

1removal of all parts but the major components of the firearm,
2is not detectable by walk-through metal detectors calibrated
3and operated to detect the security exemplar; or (3) a firearm
4that includes a major component of a firearm, which, if
5subject to the types of detection devices commonly used at
6airports for security screening, would not generate an image
7that accurately depicts the shape of the component.
8"Undetectable firearm" does not include a firearm subject to
9the provisions of 18 U.S.C. 922(p)(3) through (6).
10    "Unfinished frame or receiver" means any forging, casting,
11printing, extrusion, machined body, or similar article that:
12        (1) has reached a stage in manufacture where it may
13    readily be completed, assembled, or converted to be a
14    functional firearm; or
15        (2) is marketed or sold to the public to become or be
16    used as the frame or receiver of a functional firearm once
17    completed, assembled, or converted.
18    "Unserialized" means lacking a serial number imprinted by:
19        (1) a federal firearms manufacturer, federal firearms
20    importer, federal firearms dealer, or other federal
21    licensee authorized to provide marking services, pursuant
22    to a requirement under federal law; or
23        (2) a federal firearms dealer or other federal
24    licensee authorized to provide marking services pursuant
25    to subsection (f) of this Section.
26    (b) It is unlawful for any person to knowingly sell, offer

 

 

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1to sell, or transfer an unserialized unfinished frame or
2receiver or unserialized firearm, including those produced
3using a three-dimensional printer, unless the party purchasing
4or receiving the unfinished frame or receiver or unserialized
5firearm is a federal firearms importer, federal firearms
6manufacturer, or federal firearms dealer.
7    (c) Beginning 180 days after the effective date of this
8amendatory Act of the 102nd General Assembly, it is unlawful
9for any person to knowingly possess, transport, or receive an
10unfinished frame or receiver, unless:
11        (1) the party possessing or receiving the unfinished
12    frame or receiver is a federal firearms importer or
13    federal firearms manufacturer;
14        (2) the unfinished frame or receiver is possessed or
15    transported by a person for transfer to a federal firearms
16    importer or federal firearms manufacturer; or
17        (3) the unfinished frame or receiver has been
18    imprinted with a serial number issued by a federal
19    firearms importer or federal firearms manufacturer in
20    compliance with subsection (f) of this Section.
21    (d) Beginning 180 days after the effective date of this
22amendatory Act of the 102nd General Assembly, unless the party
23receiving the firearm is a federal firearms importer or
24federal firearms manufacturer, it is unlawful for any person
25to knowingly possess, purchase, transport, or receive a
26firearm that is not imprinted with a serial number by (1) a

 

 

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1federal firearms importer or federal firearms manufacturer in
2compliance with all federal laws and regulations regulating
3the manufacture and import of firearms or (2) a federal
4firearms manufacturer, federal firearms dealer, or other
5federal licensee authorized to provide marking services in
6compliance with the unserialized firearm serialization process
7under subsection (f) of this Section.
8    (e) Any firearm or unfinished frame or receiver
9manufactured using a three-dimensional printer must also be
10serialized in accordance with the requirements of subsection
11(f) within 30 days after the effective date of this amendatory
12Act of the 102nd General Assembly, or prior to reaching a stage
13of manufacture where it may be readily completed, assembled,
14or converted to be a functional firearm.
15    (f) Unserialized unfinished frames or receivers and
16unserialized firearms serialized pursuant to this Section
17shall be serialized in compliance with all of the following:
18        (1) An unserialized unfinished frame or receiver and
19    unserialized firearm shall be serialized by a federally
20    licensed firearms dealer or other federal licensee
21    authorized to provide marking services with the licensee's
22    abbreviated federal firearms license number as a prefix
23    (which is the first 3 and last 5 digits) followed by a
24    hyphen, and then followed by a number as a suffix, such as
25    12345678-(number). The serial number or numbers must be
26    placed in a manner that accords with the requirements

 

 

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1    under federal law for affixing serial numbers to firearms,
2    including the requirements that the serial number or
3    numbers be at the minimum size and depth, and not
4    susceptible to being readily obliterated, altered, or
5    removed, and the licensee must retain records that accord
6    with the requirements under federal law in the case of the
7    sale of a firearm. The imprinting of any serial number
8    upon a undetectable firearm must be done on a steel plaque
9    in compliance with 18 U.S.C. 922(p).
10        (2) Every federally licensed firearms dealer or other
11    federal licensee that engraves, casts, stamps, or
12    otherwise conspicuously and permanently places a unique
13    serial number pursuant to this Section shall maintain a
14    record of such indefinitely. Licensees subject to the
15    Firearm Dealer License Certification Act shall make all
16    records accessible for inspection upon the request of the
17    Illinois State Police or a law enforcement agency in
18    accordance with Section 5-35 of the Firearm Dealer License
19    Certification Act.
20        (3) Every federally licensed firearms dealer or other
21    federal licensee that engraves, casts, stamps, or
22    otherwise conspicuously and permanently places a unique
23    serial number pursuant to this Section shall record it at
24    the time of every transaction involving the transfer of a
25    firearm, rifle, shotgun, finished frame or receiver, or
26    unfinished frame or receiver that has been so marked in

 

 

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1    compliance with the federal guidelines set forth in 27 CFR
2    478.124.
3        (4) (Blank). Every federally licensed firearms dealer
4    or other federal licensee that engraves, casts, stamps, or
5    otherwise conspicuously and permanently places a unique
6    serial number pursuant to this Section shall review and
7    confirm the validity of the owner's Firearm Owner's
8    Identification Card issued under the Firearm Owners
9    Identification Card Act prior to returning the firearm to
10    the owner.
11    (g) Within 30 days after the effective date of this
12amendatory Act of the 102nd General Assembly, the Director of
13the Illinois State Police shall issue a public notice
14regarding the provisions of this Section. The notice shall
15include posting on the Illinois State Police website and may
16include written notification or any other means of
17communication statewide to all Illinois-based federal firearms
18manufacturers, federal firearms dealers, or other federal
19licensees authorized to provide marking services in compliance
20with the serialization process in subsection (f) in order to
21educate the public.
22    (h) Exceptions. This Section does not apply to an
23unserialized unfinished frame or receiver or an unserialized
24firearm that:
25        (1) has been rendered permanently inoperable;
26        (2) is an antique firearm, as defined in 18 U.S.C.

 

 

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1    921(a)(16);
2        (3) was manufactured prior to October 22, 1968;
3        (4) is an unfinished frame or receiver and is
4    possessed by a bona fide supplier exclusively for transfer
5    to a federal firearms manufacturer or federal firearms
6    importer, or is possessed by a federal firearms
7    manufacturer or federal firearms importer in compliance
8    with all federal laws and regulations regulating the
9    manufacture and import of firearms; except this exemption
10    does not apply if an unfinished frame or receiver is
11    possessed for transfer or is transferred to a person other
12    than a federal firearms manufacturer or federal firearms
13    importer; or
14        (5) is possessed by a person who received the
15    unserialized unfinished frame or receiver or unserialized
16    firearm through inheritance, and is not otherwise
17    prohibited from possessing the unserialized unfinished
18    frame or receiver or unserialized firearm, for a period
19    not exceeding 30 days after inheriting the unserialized
20    unfinished frame or receiver or unserialized firearm.
21    (i) Penalties.
22        (1) A person who violates subsection (c) or (d) is
23    guilty of a Class A misdemeanor for a first violation and
24    is guilty of a Class 3 felony for a second or subsequent
25    violation.
26        (2) A person who violates subsection (b) is guilty of

 

 

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1    a Class 4 felony for a first violation and is guilty of a
2    Class 2 felony for a second or subsequent violation.
3(Source: P.A. 102-889, eff. 5-18-22.)
 
4    (720 ILCS 5/24-9)
5    Sec. 24-9. Firearms; Child Protection.
6    (a) Except as provided in subsection (c), it is unlawful
7for any person to store or leave, within premises under his or
8her control, a firearm if the person knows or has reason to
9believe that a minor under the age of 14 years who does not
10have a Firearm Owners Identification Card is likely to gain
11access to the firearm without the lawful permission of the
12person possessing the firearm, minor's parent, guardian, or
13person having charge of the minor, and the minor causes death
14or great bodily harm with the firearm, unless the firearm is:
15        (1) secured by a device or mechanism, other than the
16    firearm safety, designed to render a firearm temporarily
17    inoperable; or
18        (2) placed in a securely locked box or container; or
19        (3) placed in some other location that a reasonable
20    person would believe to be secure from a minor under the
21    age of 14 years.
22    (b) Sentence. A person who violates this Section is guilty
23of a Class C misdemeanor and shall be fined not less than
24$1,000. A second or subsequent violation of this Section is a
25Class A misdemeanor.

 

 

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1    (c) Subsection (a) does not apply:
2        (1) if the minor under 14 years of age gains access to
3    a firearm and uses it in a lawful act of self-defense or
4    defense of another; or
5        (2) to any firearm obtained by a minor under the age of
6    14 because of an unlawful entry of the premises by the
7    minor or another person.
8    (d) (Blank). For the purposes of this Section, "firearm"
9has the meaning ascribed to it in Section 1.1 of the Firearm
10Owners Identification Card Act.
11(Source: P.A. 91-18, eff. 1-1-00.)
 
12    Section 80. The Methamphetamine Control and Community
13Protection Act is amended by changing Section 10 as follows:
 
14    (720 ILCS 646/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Anhydrous ammonia" has the meaning provided in subsection
17(d) of Section 3 of the Illinois Fertilizer Act of 1961.
18    "Anhydrous ammonia equipment" means all items used to
19store, hold, contain, handle, transfer, transport, or apply
20anhydrous ammonia for lawful purposes.
21    "Booby trap" means any device designed to cause physical
22injury when triggered by an act of a person approaching,
23entering, or moving through a structure, a vehicle, or any
24location where methamphetamine has been manufactured, is being

 

 

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1manufactured, or is intended to be manufactured.
2    "Deliver" or "delivery" has the meaning provided in
3subsection (h) of Section 102 of the Illinois Controlled
4Substances Act.
5    "Director" means the Director of the Illinois State Police
6or the Director's designated agents.
7    "Dispose" or "disposal" means to abandon, discharge,
8release, deposit, inject, dump, spill, leak, or place
9methamphetamine waste onto or into any land, water, or well of
10any type so that the waste has the potential to enter the
11environment, be emitted into the air, or be discharged into
12the soil or any waters, including groundwater.
13    "Emergency response" means the act of collecting evidence
14from or securing a methamphetamine laboratory site,
15methamphetamine waste site or other methamphetamine-related
16site and cleaning up the site, whether these actions are
17performed by public entities or private contractors paid by
18public entities.
19    "Emergency service provider" means a local, State, or
20federal peace officer, firefighter, emergency medical
21technician-ambulance, emergency medical
22technician-intermediate, emergency medical
23technician-paramedic, ambulance driver, or other medical or
24first aid personnel rendering aid, or any agent or designee of
25the foregoing.
26    "Finished methamphetamine" means methamphetamine in a form

 

 

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1commonly used for personal consumption.
2    "Firearm" has the meaning provided in Section 2-7.5 of the
3Criminal Code of 2012 1.1 of the Firearm Owners Identification
4Card Act.
5    "Manufacture" means to produce, prepare, compound,
6convert, process, synthesize, concentrate, purify, separate,
7extract, or package any methamphetamine, methamphetamine
8precursor, methamphetamine manufacturing catalyst,
9methamphetamine manufacturing reagent, methamphetamine
10manufacturing solvent, or any substance containing any of the
11foregoing.
12    "Methamphetamine" means the chemical methamphetamine (a
13Schedule II controlled substance under the Illinois Controlled
14Substances Act) or any salt, optical isomer, salt of optical
15isomer, or analog thereof, with the exception of
163,4-Methylenedioxymethamphetamine (MDMA) or any other
17scheduled substance with a separate listing under the Illinois
18Controlled Substances Act.
19    "Methamphetamine manufacturing catalyst" means any
20substance that has been used, is being used, or is intended to
21be used to activate, accelerate, extend, or improve a chemical
22reaction involved in the manufacture of methamphetamine.
23    "Methamphetamine manufacturing environment" means a
24structure or vehicle in which:
25        (1) methamphetamine is being or has been manufactured;
26        (2) chemicals that are being used, have been used, or

 

 

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

 

 

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

 

 

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1actions, regardless of whether this action or these actions
2result in the production of finished methamphetamine.
3    "Person with a disability" means a person who suffers from
4a permanent physical or mental impairment resulting from
5disease, injury, functional disorder, or congenital condition
6which renders the person incapable of adequately providing for
7his or her own health and personal care.
8    "Procure" means to purchase, steal, gather, or otherwise
9obtain, by legal or illegal means, or to cause another to take
10such action.
11    "Second or subsequent offense" means an offense under this
12Act committed by an offender who previously committed an
13offense under this Act, the Illinois Controlled Substances
14Act, the Cannabis Control Act, or another Act of this State,
15another state, or the United States relating to
16methamphetamine, cannabis, or any other controlled substance.
17    "Standard dosage form", as used in relation to any
18methamphetamine precursor, means that the methamphetamine
19precursor is contained in a pill, tablet, capsule, caplet, gel
20cap, or liquid cap that has been manufactured by a lawful
21entity and contains a standard quantity of methamphetamine
22precursor.
23    "Unauthorized container", as used in relation to anhydrous
24ammonia, means any container that is not designed for the
25specific and sole purpose of holding, storing, transporting,
26or applying anhydrous ammonia. "Unauthorized container"

 

 

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1includes, but is not limited to, any propane tank, fire
2extinguisher, oxygen cylinder, gasoline can, food or beverage
3cooler, or compressed gas cylinder used in dispensing fountain
4drinks. "Unauthorized container" does not encompass anhydrous
5ammonia manufacturing plants, refrigeration systems where
6anhydrous ammonia is used solely as a refrigerant, anhydrous
7ammonia transportation pipelines, anhydrous ammonia tankers,
8or anhydrous ammonia barges.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    Section 85. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 102-7.1, 110-10, 112A-11.1,
12112A-11.2, 112A-14, and 112A-14.7 as follows:
 
13    (725 ILCS 5/102-7.1)
14    (Text of Section before amendment by P.A. 102-982)
15    Sec. 102-7.1. "Category A offense". "Category A offense"
16means a Class 1 felony, Class 2 felony, Class X felony, first
17degree murder, a violation of Section 11-204 of the Illinois
18Vehicle Code, a second or subsequent violation of Section
1911-501 of the Illinois Vehicle Code, a violation of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code, a
21violation of Section 11-401 of the Illinois Vehicle Code if
22the accident results in injury and the person failed to report
23the accident within 30 minutes, a violation of Section 9-3,
249-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,

 

 

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111-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
212-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
324-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
4second or subsequent violation of 12-3.2 or 12-3.4 of the
5Criminal Code of 2012, a violation of paragraph (5) or (6) of
6subsection (b) of Section 10-9 of the Criminal Code of 2012, a
7violation of subsection (b) or (c) or paragraph (1) or (2) of
8subsection (a) of Section 11-1.50 of the Criminal Code of
92012, a violation of Section 12-7 of the Criminal Code of 2012
10if the defendant inflicts bodily harm on the victim to obtain a
11confession, statement, or information, a violation of Section
1212-7.5 of the Criminal Code of 2012 if the action results in
13bodily harm, a violation of paragraph (3) of subsection (b) of
14Section 17-2 of the Criminal Code of 2012, a violation of
15subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
162012, a violation of paragraph (6) of subsection (a) of
17Section 24-1 of the Criminal Code of 2012, a first violation of
18Section 24-1.6 of the Criminal Code of 2012 by a person 18
19years of age or older where the factors listed in both items
20(A) and (C) or both items (A-5) and (C) of paragraph (3) of
21subsection (a) of Section 24-1.6 of the Criminal Code of 2012
22are present, a Class 3 felony violation of paragraph (1) of
23subsection (a) of Section 2 of the Firearm Owners
24Identification Card Act committed before the effective date of
25this amendatory Act of the 103rd General Assembly, or a
26violation of Section 10 of the Sex Offender Registration Act.

 

 

HB2985- 291 -LRB103 26237 RLC 52596 b

1(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
2    (Text of Section after amendment by P.A. 102-982)
3    Sec. 102-7.1. "Category A offense". "Category A offense"
4means a Class 1 felony, Class 2 felony, Class X felony, first
5degree murder, a violation of Section 11-204 of the Illinois
6Vehicle Code, a second or subsequent violation of Section
711-501 of the Illinois Vehicle Code, a violation of subsection
8(d) of Section 11-501 of the Illinois Vehicle Code, a
9violation of Section 11-401 of the Illinois Vehicle Code if
10the crash results in injury and the person failed to report the
11crash within 30 minutes, a violation of Section 9-3, 9-3.4,
1210-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1312-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1412-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1525-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
16subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
17of 2012, a violation of paragraph (5) or (6) of subsection (b)
18of Section 10-9 of the Criminal Code of 2012, a violation of
19subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
20of Section 11-1.50 of the Criminal Code of 2012, a violation of
21Section 12-7 of the Criminal Code of 2012 if the defendant
22inflicts bodily harm on the victim to obtain a confession,
23statement, or information, a violation of Section 12-7.5 of
24the Criminal Code of 2012 if the action results in bodily harm,
25a violation of paragraph (3) of subsection (b) of Section 17-2

 

 

HB2985- 292 -LRB103 26237 RLC 52596 b

1of the Criminal Code of 2012, a violation of subdivision
2(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
3violation of paragraph (6) of subsection (a) of Section 24-1
4of the Criminal Code of 2012, a first violation of Section
524-1.6 of the Criminal Code of 2012 by a person 18 years of age
6or older where the factors listed in both items (A) and (C) or
7both items (A-5) and (C) of paragraph (3) of subsection (a) of
8Section 24-1.6 of the Criminal Code of 2012 are present, a
9Class 3 felony violation of paragraph (1) of subsection (a) of
10Section 2 of the Firearm Owners Identification Card Act
11committed before the effective date of this amendatory Act of
12the 103rd General Assembly, or a violation of Section 10 of the
13Sex Offender Registration Act.
14(Source: P.A. 102-982, eff. 7-1-23.)
 
15    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
16    Sec. 110-10. Conditions of pretrial release.
17    (a) If a person is released prior to conviction, the
18conditions of pretrial release shall be that he or she will:
19        (1) Appear to answer the charge in the court having
20    jurisdiction on a day certain and thereafter as ordered by
21    the court until discharged or final order of the court;
22        (2) Submit himself or herself to the orders and
23    process of the court;
24        (3) (Blank);
25        (4) Not violate any criminal statute of any

 

 

HB2985- 293 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 294 -LRB103 26237 RLC 52596 b

1    been charged with a violation of item (4) of subsection
2    (a) of Section 24-1 of the Criminal Code of 1961 or the
3    Criminal Code of 2012 and that violation occurred in a
4    school or in any conveyance owned, leased, or contracted
5    by a school to transport students to or from school or a
6    school-related activity, or on any public way within 1,000
7    feet of real property comprising any school.
8    Psychological evaluations ordered pursuant to this Section
9shall be completed promptly and made available to the State,
10the defendant, and the court. As a further condition of
11pretrial release under these circumstances, the court shall
12order the defendant to refrain from entering upon the property
13of the school, including any conveyance owned, leased, or
14contracted by a school to transport students to or from school
15or a school-related activity, or on any public way within
161,000 feet of real property comprising any school. Upon
17receipt of the psychological evaluation, either the State or
18the defendant may request a change in the conditions of
19pretrial release, pursuant to Section 110-6 of this Code. The
20court may change the conditions of pretrial release to include
21a requirement that the defendant follow the recommendations of
22the psychological evaluation, including undergoing psychiatric
23treatment. The conclusions of the psychological evaluation and
24any statements elicited from the defendant during its
25administration are not admissible as evidence of guilt during
26the course of any trial on the charged offense, unless the

 

 

HB2985- 295 -LRB103 26237 RLC 52596 b

1defendant places his or her mental competency in issue.
2    (b) Additional conditions of release shall be set only
3when it is determined that they are necessary to ensure the
4defendant's appearance in court, ensure the defendant does not
5commit any criminal offense, ensure the defendant complies
6with all conditions of pretrial release, prevent the
7defendant's unlawful interference with the orderly
8administration of justice, or ensure compliance with the rules
9and procedures of problem solving courts. However, conditions
10shall include the least restrictive means and be
11individualized. Conditions shall not mandate rehabilitative
12services unless directly tied to the risk of pretrial
13misconduct. Conditions of supervision shall not include
14punitive measures such as community service work or
15restitution. Conditions may include the following:
16        (0.05) Not depart this State without leave of the
17    court;
18        (1) Report to or appear in person before such person
19    or agency as the court may direct;
20        (2) Refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) Refrain from approaching or communicating with
23    particular persons or classes of persons;
24        (4) Refrain from going to certain described geographic
25    areas or premises;
26        (5) Be placed under direct supervision of the Pretrial

 

 

HB2985- 296 -LRB103 26237 RLC 52596 b

1    Services Agency, Probation Department or Court Services
2    Department in a pretrial home supervision capacity with or
3    without the use of an approved electronic monitoring
4    device subject to Article 8A of Chapter V of the Unified
5    Code of Corrections;
6        (6) For persons charged with violating Section 11-501
7    of the Illinois Vehicle Code, refrain from operating a
8    motor vehicle not equipped with an ignition interlock
9    device, as defined in Section 1-129.1 of the Illinois
10    Vehicle Code, pursuant to the rules promulgated by the
11    Secretary of State for the installation of ignition
12    interlock devices. Under this condition the court may
13    allow a defendant who is not self-employed to operate a
14    vehicle owned by the defendant's employer that is not
15    equipped with an ignition interlock device in the course
16    and scope of the defendant's employment;
17        (7) Comply with the terms and conditions of an order
18    of protection issued by the court under the Illinois
19    Domestic Violence Act of 1986 or an order of protection
20    issued by the court of another state, tribe, or United
21    States territory;
22        (8) Sign a written admonishment requiring that he or
23    she comply with the provisions of Section 110-12 regarding
24    any change in his or her address. The defendant's address
25    shall at all times remain a matter of record with the clerk
26    of the court; and

 

 

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1        (9) Such other reasonable conditions as the court may
2    impose, so long as these conditions are the least
3    restrictive means to achieve the goals listed in
4    subsection (b), are individualized, and are in accordance
5    with national best practices as detailed in the Pretrial
6    Supervision Standards of the Supreme Court.
7    The defendant shall receive verbal and written
8notification of conditions of pretrial release and future
9court dates, including the date, time, and location of court.
10    (c) When a person is charged with an offense under Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, involving a victim who is a minor under
1418 years of age living in the same household with the defendant
15at the time of the offense, in releasing the defendant, the
16judge shall impose conditions to restrict the defendant's
17access to the victim which may include, but are not limited to
18conditions that he will:
19        1. Vacate the household.
20        2. Make payment of temporary support to his
21    dependents.
22        3. Refrain from contact or communication with the
23    child victim, except as ordered by the court.
24    (d) When a person is charged with a criminal offense and
25the victim is a family or household member as defined in
26Article 112A, conditions shall be imposed at the time of the

 

 

HB2985- 298 -LRB103 26237 RLC 52596 b

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

 

 

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1        (4) Comply with such other reasonable conditions as
2    the court may impose; and
3        (5) If the judgment is affirmed or the cause reversed
4    and remanded for a new trial, forthwith surrender to the
5    officer from whose custody he was released.
6    (g) Upon a finding of guilty for any felony offense, the
7defendant shall physically surrender, at a time and place
8designated by the court, any and all firearms in his or her
9possession and his or her Firearm Owner's Identification Card
10as a condition of being released pending sentencing.
11(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
12102-1104, eff. 1-1-23.)
 
13    (725 ILCS 5/112A-11.1)
14    Sec. 112A-11.1. Procedure for determining whether certain
15misdemeanor crimes are crimes of domestic violence for
16purposes of federal law.
17    (a) When a defendant has been charged with a violation of
18Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
19Criminal Code of 1961 or the Criminal Code of 2012, the State
20may, at arraignment or no later than 45 days after
21arraignment, for the purpose of notification to the Illinois
22State Police Firearm Owner's Identification Card Office, serve
23on the defendant and file with the court a notice alleging that
24conviction of the offense would subject the defendant to the
25prohibitions of 18 U.S.C. 922(g)(9) because of the

 

 

HB2985- 300 -LRB103 26237 RLC 52596 b

1relationship between the defendant and the alleged victim and
2the nature of the alleged offense.
3    (b) The notice shall include the name of the person
4alleged to be the victim of the crime and shall specify the
5nature of the alleged relationship as set forth in 18 U.S.C.
6921(a)(33)(A)(ii). It shall also specify the element of the
7charged offense which requires the use or attempted use of
8physical force, or the threatened use of a deadly weapon, as
9set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
10notice that the defendant is entitled to a hearing on the
11allegation contained in the notice and that if the allegation
12is sustained, that determination and conviction shall be
13reported to the Illinois State Police Firearm Owner's
14Identification Card Office.
15    (c) After having been notified as provided in subsection
16(b) of this Section, the defendant may stipulate or admit,
17orally on the record or in writing, that conviction of the
18offense would subject the defendant to the prohibitions of 18
19U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
20922(g)(9) shall be deemed established for purposes of Section
21112A-11.2. If the defendant denies the applicability of 18
22U.S.C. 922(g)(9) as alleged in the notice served by the State,
23or stands mute with respect to that allegation, then the State
24shall bear the burden to prove beyond a reasonable doubt that
25the offense is one to which the prohibitions of 18 U.S.C.
26922(g)(9) apply. The court may consider reliable hearsay

 

 

HB2985- 301 -LRB103 26237 RLC 52596 b

1evidence submitted by either party provided that it is
2relevant to the determination of the allegation. Facts
3previously proven at trial or elicited at the time of entry of
4a plea of guilty shall be deemed established beyond a
5reasonable doubt and shall not be relitigated. At the
6conclusion of the hearing, or upon a stipulation or admission,
7as applicable, the court shall make a specific written
8determination with respect to the allegation.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (725 ILCS 5/112A-11.2)
11    Sec. 112A-11.2. Notification to the Illinois State Police
12Firearm Owner's Identification Card Office of determinations
13in certain misdemeanor cases. Upon judgment of conviction of a
14violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
1512-3.5 of the Criminal Code of 1961 or the Criminal Code of
162012 when the defendant has been determined, under Section
17112A-11.1, to be subject to the prohibitions of 18 U.S.C.
18922(g)(9), the circuit court clerk shall include notification
19and a copy of the written determination in a report of the
20conviction to the Illinois State Police Firearm Owner's
21Identification Card Office to enable the office to report that
22determination to the Federal Bureau of Investigation and
23assist the Bureau in identifying persons prohibited from
24purchasing and possessing a firearm pursuant to the provisions
25of 18 U.S.C. 922.

 

 

HB2985- 302 -LRB103 26237 RLC 52596 b

1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
3    Sec. 112A-14. Domestic violence order of protection;
4remedies.
5    (a) (Blank).
6    (b) The court may order any of the remedies listed in this
7subsection (b). The remedies listed in this subsection (b)
8shall be in addition to other civil or criminal remedies
9available to petitioner.
10        (1) Prohibition of abuse. Prohibit respondent's
11    harassment, interference with personal liberty,
12    intimidation of a dependent, physical abuse, or willful
13    deprivation, as defined in this Article, if such abuse has
14    occurred or otherwise appears likely to occur if not
15    prohibited.
16        (2) Grant of exclusive possession of residence.
17    Prohibit respondent from entering or remaining in any
18    residence, household, or premises of the petitioner,
19    including one owned or leased by respondent, if petitioner
20    has a right to occupancy thereof. The grant of exclusive
21    possession of the residence, household, or premises shall
22    not affect title to real property, nor shall the court be
23    limited by the standard set forth in subsection (c-2) of
24    Section 501 of the Illinois Marriage and Dissolution of
25    Marriage Act.

 

 

HB2985- 303 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 304 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 305 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 306 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 307 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 308 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 309 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 310 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 311 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 312 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 313 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 314 -LRB103 26237 RLC 52596 b

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

 

 

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1        with a valid Firearm Owner's Identification Card for
2        safekeeping. The court shall issue an order that the
3        respondent comply with Section 9.5 of the Firearm
4        Owners Identification Card Act.
5            (C) 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 domestic
13        violence order of protection.
14            (D) 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

 

 

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1        respondent.
2        (15) Prohibition of access to records. If a domestic
3    violence order of protection prohibits respondent from
4    having contact with the minor child, or if petitioner's
5    address is omitted under subsection (b) of Section 112A-5
6    of this Code, or if necessary to prevent abuse or wrongful
7    removal or concealment of a minor child, the order shall
8    deny respondent access to, and prohibit respondent from
9    inspecting, obtaining, or attempting to inspect or obtain,
10    school or any other records of the minor child who is in
11    the care of 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 to effectuate one of the
20    granted remedies, if supported by the balance of
21    hardships. If the harm to be prevented by the injunction
22    is abuse or any other harm that one of the remedies listed
23    in paragraphs (1) through (16) of this subsection is
24    designed to prevent, no further evidence is necessary to
25    establish that the harm is an irreparable injury.
26        (18) Telephone services.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        and any minor child or dependent adult in the party's
2        care, to family, school, church, and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection (c), the court shall make its
5    findings in an official record or in writing, and shall at
6    a minimum set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2)
9        of this subsection (c).
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) (Blank).
17        (5) Never married parties. No rights or
18    responsibilities for a minor child born outside of
19    marriage attach to a putative father until a father and
20    child relationship has been established under the Illinois
21    Parentage Act of 1984, the Illinois Parentage Act of 2015,
22    the Illinois Public Aid Code, Section 12 of the Vital
23    Records Act, the Juvenile Court Act of 1987, the Probate
24    Act of 1975, the Uniform Interstate Family Support Act,
25    the Expedited Child Support Act of 1990, any judicial,
26    administrative, or other act of another state or

 

 

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1    territory, any other statute of this State, or by any
2    foreign nation establishing the father and child
3    relationship, any other proceeding substantially in
4    conformity with the federal Personal Responsibility and
5    Work Opportunity Reconciliation Act of 1996, or when both
6    parties appeared in open court or at an administrative
7    hearing acknowledging under oath or admitting by
8    affirmation the existence of a father and child
9    relationship. Absent such an adjudication, no putative
10    father shall be granted temporary allocation of parental
11    responsibilities, including parenting time with the minor
12    child, or physical care and possession of the minor child,
13    nor shall an order of payment for support of the minor
14    child be entered.
15    (d) Balance of hardships; findings. If the court finds
16that the balance of hardships does not support the granting of
17a remedy governed by paragraph (2), (3), (10), (11), or (16) of
18subsection (b) of this Section, which may require such
19balancing, the court's findings shall so indicate and shall
20include a finding as to whether granting the remedy will
21result in hardship to respondent that would substantially
22outweigh the hardship to petitioner from denial of the remedy.
23The findings shall be an official record or in writing.
24    (e) Denial of remedies. Denial of any remedy shall not be
25based, in whole or in part, on evidence that:
26        (1) respondent has cause for any use of force, unless

 

 

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1    that cause satisfies the standards for justifiable use of
2    force provided by Article 7 of the Criminal Code of 2012;
3        (2) respondent was voluntarily intoxicated;
4        (3) petitioner acted in self-defense or defense of
5    another, provided that, if petitioner utilized force, such
6    force was justifiable under Article 7 of the Criminal Code
7    of 2012;
8        (4) petitioner did not act in self-defense or defense
9    of another;
10        (5) petitioner left the residence or household to
11    avoid further abuse by respondent;
12        (6) petitioner did not leave the residence or
13    household to avoid further abuse by respondent; or
14        (7) conduct by any family or household member excused
15    the abuse by respondent, unless that same conduct would
16    have excused such abuse if the parties had not been family
17    or household members.
18(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    (725 ILCS 5/112A-14.7)
21    Sec. 112A-14.7. Stalking no contact order; remedies.
22    (a) The court may order any of the remedies listed in this
23Section. The remedies listed in this Section shall be in
24addition to other civil or criminal remedies available to
25petitioner. A stalking no contact order shall order one or

 

 

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1more of the following:
2        (1) prohibit the respondent from threatening to commit
3    or committing stalking;
4        (2) order the respondent not to have any contact with
5    the petitioner or a third person specifically named by the
6    court;
7        (3) prohibit the respondent from knowingly coming
8    within, or knowingly remaining within a specified distance
9    of the petitioner or the petitioner's residence, school,
10    daycare, or place of employment, or any specified place
11    frequented by the petitioner; however, the court may order
12    the respondent to stay away from the respondent's own
13    residence, school, or place of employment only if the
14    respondent has been provided actual notice of the
15    opportunity to appear and be heard on the petition;
16        (4) prohibit the respondent from possessing a Firearm
17    Owners Identification Card, or possessing or buying
18    firearms; and
19        (5) order other injunctive relief the court determines
20    to be necessary to protect the petitioner or third party
21    specifically named by the court.
22    (b) When the petitioner and the respondent attend the same
23public, private, or non-public elementary, middle, or high
24school, the court when issuing a stalking no contact order and
25providing relief shall consider the severity of the act, any
26continuing physical danger or emotional distress to the

 

 

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

 

 

HB2985- 326 -LRB103 26237 RLC 52596 b

1effectuate a transfer, change of placement, or change of
2program. When a court orders a respondent to stay away from the
3public, private, or non-public school attended by the
4petitioner and the respondent requests a transfer to another
5attendance center within the respondent's school district or
6private or non-public school, the school district or private
7or non-public school shall have sole discretion to determine
8the attendance center to which the respondent is transferred.
9If the court order results in a transfer of the minor
10respondent to another attendance center, a change in the
11respondent's placement, or a change of the respondent's
12program, the parents, guardian, or legal custodian of the
13respondent is responsible for transportation and other costs
14associated with the transfer or change.
15    (c) The court may order the parents, guardian, or legal
16custodian of a minor respondent to take certain actions or to
17refrain from taking certain actions to ensure that the
18respondent complies with the order. If the court orders a
19transfer of the respondent to another school, the parents,
20guardian, or legal custodian of the respondent are responsible
21for transportation and other costs associated with the change
22of school by the respondent.
23    (d) The court shall not hold a school district or private
24or non-public school or any of its employees in civil or
25criminal contempt unless the school district or private or
26non-public school has been allowed to intervene.

 

 

HB2985- 327 -LRB103 26237 RLC 52596 b

1    (e) The court may hold the parents, guardian, or legal
2custodian of a minor respondent in civil or criminal contempt
3for a violation of any provision of any order entered under
4this Article for conduct of the minor respondent in violation
5of this Article if the parents, guardian, or legal custodian
6directed, encouraged, or assisted the respondent minor in the
7conduct.
8    (f) Monetary damages are not recoverable as a remedy.
9    (g) If the stalking no contact order prohibits the
10respondent from possessing a Firearm Owner's Identification
11Card, or possessing or buying firearms; the court shall
12confiscate the respondent's firearms and firearm ammunition
13Firearm Owner's Identification Card and immediately return the
14card to the Illinois State Police Firearm Owner's
15Identification Card Office.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    Section 90. The Unified Code of Corrections is amended by
18changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
19follows:
 
20    (730 ILCS 5/5-4.5-110)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
23PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
24    (a) DEFINITIONS. For the purposes of this Section:

 

 

HB2985- 328 -LRB103 26237 RLC 52596 b

1        "Firearm" has the meaning ascribed to it in Section
2    2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
3    Owners Identification Card Act.
4        "Qualifying predicate offense" means the following
5    offenses under the Criminal Code of 2012:
6            (A) aggravated unlawful use of a weapon under
7        Section 24-1.6 or similar offense under the Criminal
8        Code of 1961, when the weapon is a firearm;
9            (B) unlawful use or possession of a weapon by a
10        felon under Section 24-1.1 or similar offense under
11        the Criminal Code of 1961, when the weapon is a
12        firearm;
13            (C) first degree murder under Section 9-1 or
14        similar offense under the Criminal Code of 1961;
15            (D) attempted first degree murder with a firearm
16        or similar offense under the Criminal Code of 1961;
17            (E) aggravated kidnapping with a firearm under
18        paragraph (6) or (7) of subsection (a) of Section 10-2
19        or similar offense under the Criminal Code of 1961;
20            (F) aggravated battery with a firearm under
21        subsection (e) of Section 12-3.05 or similar offense
22        under the Criminal Code of 1961;
23            (G) aggravated criminal sexual assault under
24        Section 11-1.30 or similar offense under the Criminal
25        Code of 1961;
26            (H) predatory criminal sexual assault of a child

 

 

HB2985- 329 -LRB103 26237 RLC 52596 b

1        under Section 11-1.40 or similar offense under the
2        Criminal Code of 1961;
3            (I) armed robbery under Section 18-2 or similar
4        offense under the Criminal Code of 1961;
5            (J) vehicular hijacking under Section 18-3 or
6        similar offense under the Criminal Code of 1961;
7            (K) aggravated vehicular hijacking under Section
8        18-4 or similar offense under the Criminal Code of
9        1961;
10            (L) home invasion with a firearm under paragraph
11        (3), (4), or (5) of subsection (a) of Section 19-6 or
12        similar offense under the Criminal Code of 1961;
13            (M) aggravated discharge of a firearm under
14        Section 24-1.2 or similar offense under the Criminal
15        Code of 1961;
16            (N) aggravated discharge of a machine gun or a
17        firearm equipped with a device designed or used for
18        silencing the report of a firearm under Section
19        24-1.2-5 or similar offense under the Criminal Code of
20        1961;
21            (0) unlawful use of firearm projectiles under
22        Section 24-2.1 or similar offense under the Criminal
23        Code of 1961;
24            (P) manufacture, sale, or transfer of bullets or
25        shells represented to be armor piercing bullets,
26        dragon's breath shotgun shells, bolo shells, or

 

 

HB2985- 330 -LRB103 26237 RLC 52596 b

1        flechette shells under Section 24-2.2 or similar
2        offense under the Criminal Code of 1961;
3            (Q) unlawful sale or delivery of firearms under
4        Section 24-3 or similar offense under the Criminal
5        Code of 1961;
6            (R) unlawful discharge of firearm projectiles
7        under Section 24-3.2 or similar offense under the
8        Criminal Code of 1961;
9            (S) unlawful sale or delivery of firearms on
10        school premises of any school under Section 24-3.3 or
11        similar offense under the Criminal Code of 1961;
12            (T) unlawful purchase of a firearm under Section
13        24-3.5 or similar offense under the Criminal Code of
14        1961;
15            (U) use of a stolen firearm in the commission of an
16        offense under Section 24-3.7 or similar offense under
17        the Criminal Code of 1961;
18            (V) possession of a stolen firearm under Section
19        24-3.8 or similar offense under the Criminal Code of
20        1961;
21            (W) aggravated possession of a stolen firearm
22        under Section 24-3.9 or similar offense under the
23        Criminal Code of 1961;
24            (X) gunrunning under Section 24-3A or similar
25        offense under the Criminal Code of 1961;
26            (Y) defacing identification marks of firearms

 

 

HB2985- 331 -LRB103 26237 RLC 52596 b

1        under Section 24-5 or similar offense under the
2        Criminal Code of 1961; and
3            (Z) armed violence under Section 33A-2 or similar
4        offense under the Criminal Code of 1961.
5    (b) APPLICABILITY. For an offense committed on or after
6January 1, 2018 (the effective date of Public Act 100-3) and
7before January 1, 2024, when a person is convicted of unlawful
8use or possession of a weapon by a felon, when the weapon is a
9firearm, or aggravated unlawful use of a weapon, when the
10weapon is a firearm, after being previously convicted of a
11qualifying predicate offense the person shall be subject to
12the sentencing guidelines under this Section.
13    (c) SENTENCING GUIDELINES.
14        (1) When a person is convicted of unlawful use or
15    possession of a weapon by a felon, when the weapon is a
16    firearm, and that person has been previously convicted of
17    a qualifying predicate offense, the person shall be
18    sentenced to a term of imprisonment within the sentencing
19    range of not less than 7 years and not more than 14 years,
20    unless the court finds that a departure from the
21    sentencing guidelines under this paragraph is warranted
22    under subsection (d) of this Section.
23        (2) When a person is convicted of aggravated unlawful
24    use of a weapon, when the weapon is a firearm, and that
25    person has been previously convicted of a qualifying
26    predicate offense, the person shall be sentenced to a term

 

 

HB2985- 332 -LRB103 26237 RLC 52596 b

1    of imprisonment within the sentencing range of not less
2    than 6 years and not more than 7 years, unless the court
3    finds that a departure from the sentencing guidelines
4    under this paragraph is warranted under subsection (d) of
5    this Section.
6        (3) The sentencing guidelines in paragraphs (1) and
7    (2) of this subsection (c) apply only to offenses
8    committed on and after January 1, 2018 (the effective date
9    of Public Act 100-3) and before January 1, 2024.
10    (d) DEPARTURE FROM SENTENCING GUIDELINES.
11        (1) At the sentencing hearing conducted under Section
12    5-4-1 of this Code, the court may depart from the
13    sentencing guidelines provided in subsection (c) of this
14    Section and impose a sentence otherwise authorized by law
15    for the offense if the court, after considering any factor
16    under paragraph (2) of this subsection (d) relevant to the
17    nature and circumstances of the crime and to the history
18    and character of the defendant, finds on the record
19    substantial and compelling justification that the sentence
20    within the sentencing guidelines would be unduly harsh and
21    that a sentence otherwise authorized by law would be
22    consistent with public safety and does not deprecate the
23    seriousness of the offense.
24        (2) In deciding whether to depart from the sentencing
25    guidelines under this paragraph, the court shall consider:
26            (A) the age, immaturity, or limited mental

 

 

HB2985- 333 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 334 -LRB103 26237 RLC 52596 b

1    under this Section, the court shall specify on the record,
2    the particular evidence, information, factor or factors,
3    or other reasons which led to the departure from the
4    sentencing guidelines. When departing from the sentencing
5    range in accordance with this subsection (d), the court
6    shall indicate on the sentencing order which departure
7    factor or factors outlined in paragraph (2) of this
8    subsection (d) led to the sentence imposed. The sentencing
9    order shall be filed with the clerk of the court and shall
10    be a public record.
11    (e) This Section is repealed on January 1, 2024.
12(Source: P.A. 102-1109, eff. 12-21-22.)
 
13    (730 ILCS 5/5-5-3)
14    Sec. 5-5-3. Disposition.
15    (a) (Blank).
16    (b) (Blank).
17    (c) (1) (Blank).
18    (2) A period of probation, a term of periodic imprisonment
19or conditional discharge shall not be imposed for the
20following offenses. The court shall sentence the offender to
21not less than the minimum term of imprisonment set forth in
22this Code for the following offenses, and may order a fine or
23restitution or both in conjunction with such term of
24imprisonment:
25        (A) First degree murder where the death penalty is not

 

 

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

 

 

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

 

 

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1        Beginning July 1, 1994, for the purposes of this
2    paragraph, "organized gang" has the meaning ascribed to it
3    in Section 10 of the Illinois Streetgang Terrorism Omnibus
4    Prevention Act.
5        (K) Vehicular hijacking.
6        (L) A second or subsequent conviction for the offense
7    of hate crime when the underlying offense upon which the
8    hate crime is based is felony aggravated assault or felony
9    mob action.
10        (M) A second or subsequent conviction for the offense
11    of institutional vandalism if the damage to the property
12    exceeds $300.
13        (N) A Class 3 felony violation of paragraph (1) of
14    subsection (a) of Section 2 of the Firearm Owners
15    Identification Card Act committed before the effective
16    date of this amendatory Act of the 103rd General Assembly.
17        (O) A violation of Section 12-6.1 or 12-6.5 of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        (P) A violation of paragraph (1), (2), (3), (4), (5),
20    or (7) of subsection (a) of Section 11-20.1 of the
21    Criminal Code of 1961 or the Criminal Code of 2012.
22        (P-5) A violation of paragraph (6) of subsection (a)
23    of Section 11-20.1 of the Criminal Code of 1961 or the
24    Criminal Code of 2012 if the victim is a household or
25    family member of the defendant.
26        (Q) A violation of subsection (b) or (b-5) of Section

 

 

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1    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
2    Code of 1961 or the Criminal Code of 2012.
3        (R) A violation of Section 24-3A of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (S) (Blank).
6        (T) (Blank).
7        (U) A second or subsequent violation of Section 6-303
8    of the Illinois Vehicle Code committed while his or her
9    driver's license, permit, or privilege was revoked because
10    of a violation of Section 9-3 of the Criminal Code of 1961
11    or the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar provision of a law of
13    another state.
14        (V) A violation of paragraph (4) of subsection (c) of
15    Section 11-20.1B or paragraph (4) of subsection (c) of
16    Section 11-20.3 of the Criminal Code of 1961, or paragraph
17    (6) of subsection (a) of Section 11-20.1 of the Criminal
18    Code of 2012 when the victim is under 13 years of age and
19    the defendant has previously been convicted under the laws
20    of this State or any other state of the offense of child
21    pornography, aggravated child pornography, aggravated
22    criminal sexual abuse, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, or any of
24    the offenses formerly known as rape, deviate sexual
25    assault, indecent liberties with a child, or aggravated
26    indecent liberties with a child where the victim was under

 

 

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1    the age of 18 years or an offense that is substantially
2    equivalent to those offenses.
3        (W) A violation of Section 24-3.5 of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (X) A violation of subsection (a) of Section 31-1a of
6    the Criminal Code of 1961 or the Criminal Code of 2012.
7        (Y) A conviction for unlawful possession of a firearm
8    by a street gang member when the firearm was loaded or
9    contained firearm ammunition.
10        (Z) A Class 1 felony committed while he or she was
11    serving a term of probation or conditional discharge for a
12    felony.
13        (AA) Theft of property exceeding $500,000 and not
14    exceeding $1,000,000 in value.
15        (BB) Laundering of criminally derived property of a
16    value exceeding $500,000.
17        (CC) Knowingly selling, offering for sale, holding for
18    sale, or using 2,000 or more counterfeit items or
19    counterfeit items having a retail value in the aggregate
20    of $500,000 or more.
21        (DD) A conviction for aggravated assault under
22    paragraph (6) of subsection (c) of Section 12-2 of the
23    Criminal Code of 1961 or the Criminal Code of 2012 if the
24    firearm is aimed toward the person against whom the
25    firearm is being used.
26        (EE) A conviction for a violation of paragraph (2) of

 

 

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1    subsection (a) of Section 24-3B of the Criminal Code of
2    2012.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment
19of 30 days or 300 hours of community service, as determined by
20the court, shall be imposed for a third or subsequent
21violation of Section 6-303 of the Illinois Vehicle Code. The
22court may give credit toward the fulfillment of community
23service hours for participation in activities and treatment as
24determined by court services.
25    (4.5) A minimum term of imprisonment of 30 days shall be
26imposed for a third violation of subsection (c) of Section

 

 

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16-303 of the Illinois Vehicle Code.
2    (4.6) Except as provided in paragraph (4.10) of this
3subsection (c), a minimum term of imprisonment of 180 days
4shall be imposed for a fourth or subsequent violation of
5subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6    (4.7) A minimum term of imprisonment of not less than 30
7consecutive days, or 300 hours of community service, shall be
8imposed for a violation of subsection (a-5) of Section 6-303
9of the Illinois Vehicle Code, as provided in subsection (b-5)
10of that Section.
11    (4.8) A mandatory prison sentence shall be imposed for a
12second violation of subsection (a-5) of Section 6-303 of the
13Illinois Vehicle Code, as provided in subsection (c-5) of that
14Section. The person's driving privileges shall be revoked for
15a period of not less than 5 years from the date of his or her
16release from prison.
17    (4.9) A mandatory prison sentence of not less than 4 and
18not more than 15 years shall be imposed for a third violation
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20Code, as provided in subsection (d-2.5) of that Section. The
21person's driving privileges shall be revoked for the remainder
22of his or her life.
23    (4.10) A mandatory prison sentence for a Class 1 felony
24shall be imposed, and the person shall be eligible for an
25extended term sentence, for a fourth or subsequent violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-3.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (5) The court may sentence a corporation or unincorporated
5association convicted of any offense to:
6        (A) a period of conditional discharge;
7        (B) a fine;
8        (C) make restitution to the victim under Section 5-5-6
9    of this Code.
10    (5.1) In addition to any other penalties imposed, and
11except as provided in paragraph (5.2) or (5.3), a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for at least 90 days but not
15more than one year, if the violation resulted in damage to the
16property of another person.
17    (5.2) In addition to any other penalties imposed, and
18except as provided in paragraph (5.3), a person convicted of
19violating subsection (c) of Section 11-907 of the Illinois
20Vehicle Code shall have his or her driver's license, permit,
21or privileges suspended for at least 180 days but not more than
222 years, if the violation resulted in injury to another
23person.
24    (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for 2 years, if the violation
2resulted in the death of another person.
3    (5.4) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code shall have his or her driver's license, permit, or
6privileges suspended for 3 months and until he or she has paid
7a reinstatement fee of $100.
8    (5.5) In addition to any other penalties imposed, a person
9convicted of violating Section 3-707 of the Illinois Vehicle
10Code during a period in which his or her driver's license,
11permit, or privileges were suspended for a previous violation
12of that Section shall have his or her driver's license,
13permit, or privileges suspended for an additional 6 months
14after the expiration of the original 3-month suspension and
15until he or she has paid a reinstatement fee of $100.
16    (6) (Blank).
17    (7) (Blank).
18    (8) (Blank).
19    (9) A defendant convicted of a second or subsequent
20offense of ritualized abuse of a child may be sentenced to a
21term of natural life imprisonment.
22    (10) (Blank).
23    (11) The court shall impose a minimum fine of $1,000 for a
24first offense and $2,000 for a second or subsequent offense
25upon a person convicted of or placed on supervision for
26battery when the individual harmed was a sports official or

 

 

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1coach at any level of competition and the act causing harm to
2the sports official or coach occurred within an athletic
3facility or within the immediate vicinity of the athletic
4facility at which the sports official or coach was an active
5participant of the athletic contest held at the athletic
6facility. For the purposes of this paragraph (11), "sports
7official" means a person at an athletic contest who enforces
8the rules of the contest, such as an umpire or referee;
9"athletic facility" means an indoor or outdoor playing field
10or recreational area where sports activities are conducted;
11and "coach" means a person recognized as a coach by the
12sanctioning authority that conducted the sporting event.
13    (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18    (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

 

 

HB2985- 345 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 346 -LRB103 26237 RLC 52596 b

1    appropriate:
2            (A) the defendant is willing to undergo a court
3        approved counseling program for a minimum duration of
4        2 years; or
5            (B) the defendant is willing to participate in a
6        court approved plan, including, but not limited to,
7        the defendant's:
8                (i) removal from the household;
9                (ii) restricted contact with the victim;
10                (iii) continued financial support of the
11            family;
12                (iv) restitution for harm done to the victim;
13            and
14                (v) compliance with any other measures that
15            the court may deem appropriate; and
16        (2) the court orders the defendant to pay for the
17    victim's counseling services, to the extent that the court
18    finds, after considering the defendant's income and
19    assets, that the defendant is financially capable of
20    paying for such services, if the victim was under 18 years
21    of age at the time the offense was committed and requires
22    counseling as a result of the offense.
23    Probation may be revoked or modified pursuant to Section
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

HB2985- 347 -LRB103 26237 RLC 52596 b

1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose a term of imprisonment.
4    For the purposes of this Section, "family member" and
5"victim" shall have the meanings ascribed to them in Section
611-0.1 of the Criminal Code of 2012.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the defendant shall undergo medical
15testing to determine whether the defendant has any sexually
16transmissible disease, including a test for infection with
17human immunodeficiency virus (HIV) or any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19Any such medical test shall be performed only by appropriately
20licensed medical practitioners and may include an analysis of
21any bodily fluids as well as an examination of the defendant's
22person. Except as otherwise provided by law, the results of
23such test shall be kept strictly confidential by all medical
24personnel involved in the testing and must be personally
25delivered in a sealed envelope to the judge of the court in
26which the conviction was entered for the judge's inspection in

 

 

HB2985- 348 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 349 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 350 -LRB103 26237 RLC 52596 b

1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Act, or Section 70 of the
19Methamphetamine Control and Community Protection Act of a
20defendant, the court shall determine whether the defendant is
21employed by a facility or center as defined under the Child
22Care Act of 1969, a public or private elementary or secondary
23school, or otherwise works with children under 18 years of age
24on a daily basis. When a defendant is so employed, the court
25shall order the Clerk of the Court to send a copy of the
26judgment of conviction or order of supervision or probation to

 

 

HB2985- 351 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 352 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 353 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

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1of license renewal established by the Secretary of State.
2(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
3102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
45-27-22.)
 
5    (730 ILCS 5/5-5-3.2)
6    (Text of Section before amendment by P.A. 102-982)
7    Sec. 5-5-3.2. Factors in aggravation and extended-term
8sentencing.
9    (a) The following factors shall be accorded weight in
10favor of imposing a term of imprisonment or may be considered
11by the court as reasons to impose a more severe sentence under
12Section 5-8-1 or Article 4.5 of Chapter V:
13        (1) the defendant's conduct caused or threatened
14    serious harm;
15        (2) the defendant received compensation for committing
16    the offense;
17        (3) the defendant has a history of prior delinquency
18    or criminal activity;
19        (4) the defendant, by the duties of his office or by
20    his position, was obliged to prevent the particular
21    offense committed or to bring the offenders committing it
22    to justice;
23        (5) the defendant held public office at the time of
24    the offense, and the offense related to the conduct of
25    that office;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2985- 360 -LRB103 26237 RLC 52596 b

1    Identification Card Act before its repeal by this
2    amendatory Act of the 103rd General Assembly and has now
3    committed either a felony violation of the Firearm Owners
4    Identification Card Act or an act of armed violence while
5    armed with a firearm;
6        (20) the defendant (i) committed the offense of
7    reckless homicide under Section 9-3 of the Criminal Code
8    of 1961 or the Criminal Code of 2012 or the offense of
9    driving under the influence of alcohol, other drug or
10    drugs, intoxicating compound or compounds or any
11    combination thereof under Section 11-501 of the Illinois
12    Vehicle Code or a similar provision of a local ordinance
13    and (ii) was operating a motor vehicle in excess of 20
14    miles per hour over the posted speed limit as provided in
15    Article VI of Chapter 11 of the Illinois Vehicle Code;
16        (21) the defendant (i) committed the offense of
17    reckless driving or aggravated reckless driving under
18    Section 11-503 of the Illinois Vehicle Code and (ii) was
19    operating a motor vehicle in excess of 20 miles per hour
20    over the posted speed limit as provided in Article VI of
21    Chapter 11 of the Illinois Vehicle Code;
22        (22) the defendant committed the offense against a
23    person that the defendant knew, or reasonably should have
24    known, was a member of the Armed Forces of the United
25    States serving on active duty. For purposes of this clause
26    (22), the term "Armed Forces" means any of the Armed

 

 

HB2985- 361 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 362 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 363 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 364 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 365 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 366 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 367 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 368 -LRB103 26237 RLC 52596 b

1    with the intent to disseminate the recording.
2    (c) The following factors may be considered by the court
3as reasons to impose an extended term sentence under Section
45-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
5offenses:
6        (1) When a defendant is convicted of first degree
7    murder, after having been previously convicted in Illinois
8    of any offense listed under paragraph (c)(2) of Section
9    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
10    occurred within 10 years after the previous conviction,
11    excluding time spent in custody, and the charges are
12    separately brought and tried and arise out of different
13    series of acts.
14        (1.5) When a defendant is convicted of first degree
15    murder, after having been previously convicted of domestic
16    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
17    (720 ILCS 5/12-3.3) committed on the same victim or after
18    having been previously convicted of violation of an order
19    of protection (720 ILCS 5/12-30) in which the same victim
20    was the protected person.
21        (2) When a defendant is convicted of voluntary
22    manslaughter, second degree murder, involuntary
23    manslaughter, or reckless homicide in which the defendant
24    has been convicted of causing the death of more than one
25    individual.
26        (3) When a defendant is convicted of aggravated

 

 

HB2985- 369 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 370 -LRB103 26237 RLC 52596 b

1    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
2        (7) When a defendant is convicted of an offense
3    involving the illegal manufacture of a controlled
4    substance under Section 401 of the Illinois Controlled
5    Substances Act (720 ILCS 570/401), the illegal manufacture
6    of methamphetamine under Section 25 of the Methamphetamine
7    Control and Community Protection Act (720 ILCS 646/25), or
8    the illegal possession of explosives and an emergency
9    response officer in the performance of his or her duties
10    is killed or injured at the scene of the offense while
11    responding to the emergency caused by the commission of
12    the offense. In this paragraph, "emergency" means a
13    situation in which a person's life, health, or safety is
14    in jeopardy; and "emergency response officer" means a
15    peace officer, community policing volunteer, fireman,
16    emergency medical technician-ambulance, emergency medical
17    technician-intermediate, emergency medical
18    technician-paramedic, ambulance driver, other medical
19    assistance or first aid personnel, or hospital emergency
20    room personnel.
21        (8) When the defendant is convicted of attempted mob
22    action, solicitation to commit mob action, or conspiracy
23    to commit mob action under Section 8-1, 8-2, or 8-4 of the
24    Criminal Code of 2012, where the criminal object is a
25    violation of Section 25-1 of the Criminal Code of 2012,
26    and an electronic communication is used in the commission

 

 

HB2985- 371 -LRB103 26237 RLC 52596 b

1    of the offense. For the purposes of this paragraph (8),
2    "electronic communication" shall have the meaning provided
3    in Section 26.5-0.1 of the Criminal Code of 2012.
4    (d) For the purposes of this Section, "organized gang" has
5the meaning ascribed to it in Section 10 of the Illinois
6Streetgang Terrorism Omnibus Prevention Act.
7    (e) The court may impose an extended term sentence under
8Article 4.5 of Chapter V upon an offender who has been
9convicted of a felony violation of Section 11-1.20, 11-1.30,
1011-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1112-16 of the Criminal Code of 1961 or the Criminal Code of 2012
12when the victim of the offense is under 18 years of age at the
13time of the commission of the offense and, during the
14commission of the offense, the victim was under the influence
15of alcohol, regardless of whether or not the alcohol was
16supplied by the offender; and the offender, at the time of the
17commission of the offense, knew or should have known that the
18victim had consumed alcohol.
19(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
20101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
218-20-21.)
 
22    (Text of Section after amendment by P.A. 102-982)
23    Sec. 5-5-3.2. Factors in aggravation and extended-term
24sentencing.
25    (a) The following factors shall be accorded weight in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    combination thereof under Section 11-501 of the Illinois
2    Vehicle Code or a similar provision of a local ordinance
3    and (ii) was operating a motor vehicle in excess of 20
4    miles per hour over the posted speed limit as provided in
5    Article VI of Chapter 11 of the Illinois Vehicle Code;
6        (21) the defendant (i) committed the offense of
7    reckless driving or aggravated reckless driving under
8    Section 11-503 of the Illinois Vehicle Code and (ii) was
9    operating a motor vehicle in excess of 20 miles per hour
10    over the posted speed limit as provided in Article VI of
11    Chapter 11 of the Illinois Vehicle Code;
12        (22) the defendant committed the offense against a
13    person that the defendant knew, or reasonably should have
14    known, was a member of the Armed Forces of the United
15    States serving on active duty. For purposes of this clause
16    (22), the term "Armed Forces" means any of the Armed
17    Forces of the United States, including a member of any
18    reserve component thereof or National Guard unit called to
19    active duty;
20        (23) the defendant committed the offense against a
21    person who was elderly or infirm or who was a person with a
22    disability by taking advantage of a family or fiduciary
23    relationship with the elderly or infirm person or person
24    with a disability;
25        (24) the defendant committed any offense under Section
26    11-20.1 of the Criminal Code of 1961 or the Criminal Code

 

 

HB2985- 378 -LRB103 26237 RLC 52596 b

1    of 2012 and possessed 100 or more images;
2        (25) the defendant committed the offense while the
3    defendant or the victim was in a train, bus, or other
4    vehicle used for public transportation;
5        (26) the defendant committed the offense of child
6    pornography or aggravated child pornography, specifically
7    including paragraph (1), (2), (3), (4), (5), or (7) of
8    subsection (a) of Section 11-20.1 of the Criminal Code of
9    1961 or the Criminal Code of 2012 where a child engaged in,
10    solicited for, depicted in, or posed in any act of sexual
11    penetration or bound, fettered, or subject to sadistic,
12    masochistic, or sadomasochistic abuse in a sexual context
13    and specifically including paragraph (1), (2), (3), (4),
14    (5), or (7) of subsection (a) of Section 11-20.1B or
15    Section 11-20.3 of the Criminal Code of 1961 where a child
16    engaged in, solicited for, depicted in, or posed in any
17    act of sexual penetration or bound, fettered, or subject
18    to sadistic, masochistic, or sadomasochistic abuse in a
19    sexual context;
20        (27) the defendant committed the offense of first
21    degree murder, assault, aggravated assault, battery,
22    aggravated battery, robbery, armed robbery, or aggravated
23    robbery against a person who was a veteran and the
24    defendant knew, or reasonably should have known, that the
25    person was a veteran performing duties as a representative
26    of a veterans' organization. For the purposes of this

 

 

HB2985- 379 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 380 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 381 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 382 -LRB103 26237 RLC 52596 b

1    (b) The following factors, related to all felonies, may be
2considered by the court as reasons to impose an extended term
3sentence under Section 5-8-2 upon any offender:
4        (1) When a defendant is convicted of any felony, after
5    having been previously convicted in Illinois or any other
6    jurisdiction of the same or similar class felony or
7    greater class felony, when such conviction has occurred
8    within 10 years after the previous conviction, excluding
9    time spent in custody, and such charges are separately
10    brought and tried and arise out of different series of
11    acts; or
12        (2) When a defendant is convicted of any felony and
13    the court finds that the offense was accompanied by
14    exceptionally brutal or heinous behavior indicative of
15    wanton cruelty; or
16        (3) When a defendant is convicted of any felony
17    committed against:
18            (i) a person under 12 years of age at the time of
19        the offense or such person's property;
20            (ii) a person 60 years of age or older at the time
21        of the offense or such person's property; or
22            (iii) a person who had a physical disability at
23        the time of the offense or such person's property; or
24        (4) When a defendant is convicted of any felony and
25    the offense involved any of the following types of
26    specific misconduct committed as part of a ceremony, rite,

 

 

HB2985- 383 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 384 -LRB103 26237 RLC 52596 b

1        (7) When a defendant who was at least 17 years of age
2    at the time of the commission of the offense is convicted
3    of a felony and has been previously adjudicated a
4    delinquent minor under the Juvenile Court Act of 1987 for
5    an act that if committed by an adult would be a Class X or
6    Class 1 felony when the conviction has occurred within 10
7    years after the previous adjudication, excluding time
8    spent in custody; or
9        (8) When a defendant commits any felony and the
10    defendant used, possessed, exercised control over, or
11    otherwise directed an animal to assault a law enforcement
12    officer engaged in the execution of his or her official
13    duties or in furtherance of the criminal activities of an
14    organized gang in which the defendant is engaged; or
15        (9) When a defendant commits any felony and the
16    defendant knowingly video or audio records the offense
17    with the intent to disseminate the recording.
18    (c) The following factors may be considered by the court
19as reasons to impose an extended term sentence under Section
205-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
21offenses:
22        (1) When a defendant is convicted of first degree
23    murder, after having been previously convicted in Illinois
24    of any offense listed under paragraph (c)(2) of Section
25    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
26    occurred within 10 years after the previous conviction,

 

 

HB2985- 385 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 386 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 387 -LRB103 26237 RLC 52596 b

1    responding to the emergency caused by the commission of
2    the offense. In this paragraph, "emergency" means a
3    situation in which a person's life, health, or safety is
4    in jeopardy; and "emergency response officer" means a
5    peace officer, community policing volunteer, fireman,
6    emergency medical technician-ambulance, emergency medical
7    technician-intermediate, emergency medical
8    technician-paramedic, ambulance driver, other medical
9    assistance or first aid personnel, or hospital emergency
10    room personnel.
11        (8) When the defendant is convicted of attempted mob
12    action, solicitation to commit mob action, or conspiracy
13    to commit mob action under Section 8-1, 8-2, or 8-4 of the
14    Criminal Code of 2012, where the criminal object is a
15    violation of Section 25-1 of the Criminal Code of 2012,
16    and an electronic communication is used in the commission
17    of the offense. For the purposes of this paragraph (8),
18    "electronic communication" shall have the meaning provided
19    in Section 26.5-0.1 of the Criminal Code of 2012.
20    (d) For the purposes of this Section, "organized gang" has
21the meaning ascribed to it in Section 10 of the Illinois
22Streetgang Terrorism Omnibus Prevention Act.
23    (e) The court may impose an extended term sentence under
24Article 4.5 of Chapter V upon an offender who has been
25convicted of a felony violation of Section 11-1.20, 11-1.30,
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

 

 

HB2985- 388 -LRB103 26237 RLC 52596 b

112-16 of the Criminal Code of 1961 or the Criminal Code of 2012
2when the victim of the offense is under 18 years of age at the
3time of the commission of the offense and, during the
4commission of the offense, the victim was under the influence
5of alcohol, regardless of whether or not the alcohol was
6supplied by the offender; and the offender, at the time of the
7commission of the offense, knew or should have known that the
8victim had consumed alcohol.
9(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
10101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
118-20-21; 102-982, eff. 7-1-23.)
 
12    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
13    Sec. 5-6-3. Conditions of probation and of conditional
14discharge.
15    (a) The conditions of probation and of conditional
16discharge shall be that the person:
17        (1) not violate any criminal statute of any
18    jurisdiction;
19        (2) report to or appear in person before such person
20    or agency as directed by the court;
21        (3) refrain from possessing a firearm or other
22    dangerous weapon where the offense is a felony or, if a
23    misdemeanor, the offense involved the intentional or
24    knowing infliction of bodily harm or threat of bodily
25    harm;

 

 

HB2985- 389 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 390 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 391 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 392 -LRB103 26237 RLC 52596 b

1    conducted in conformance with the standards developed
2    under the Sex Offender Management Board Act;
3        (8.6) if convicted of a sex offense as defined in the
4    Sex Offender Management Board Act, refrain from residing
5    at the same address or in the same condominium unit or
6    apartment unit or in the same condominium complex or
7    apartment complex with another person he or she knows or
8    reasonably should know is a convicted sex offender or has
9    been placed on supervision for a sex offense; the
10    provisions of this paragraph do not apply to a person
11    convicted of a sex offense who is placed in a Department of
12    Corrections licensed transitional housing facility for sex
13    offenders;
14        (8.7) if convicted for an offense committed on or
15    after June 1, 2008 (the effective date of Public Act
16    95-464) that would qualify the accused as a child sex
17    offender as defined in Section 11-9.3 or 11-9.4 of the
18    Criminal Code of 1961 or the Criminal Code of 2012,
19    refrain from communicating with or contacting, by means of
20    the Internet, a person who is not related to the accused
21    and whom the accused reasonably believes to be under 18
22    years of age; for purposes of this paragraph (8.7),
23    "Internet" has the meaning ascribed to it in Section
24    16-0.1 of the Criminal Code of 2012; and a person is not
25    related to the accused if the person is not: (i) the
26    spouse, brother, or sister of the accused; (ii) a

 

 

HB2985- 393 -LRB103 26237 RLC 52596 b

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

 

 

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

 

 

HB2985- 395 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 396 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 397 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 398 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 399 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 400 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 401 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 402 -LRB103 26237 RLC 52596 b

1        (15) refrain from having any contact, directly or
2    indirectly, with certain specified persons or particular
3    types of persons, including but not limited to members of
4    street gangs and drug users or dealers;
5        (16) refrain from having in his or her body the
6    presence of any illicit drug prohibited by the Cannabis
7    Control Act, the Illinois Controlled Substances Act, or
8    the Methamphetamine Control and Community Protection Act,
9    unless prescribed by a physician, and submit samples of
10    his or her blood or urine or both for tests to determine
11    the presence of any illicit drug;
12        (17) if convicted for an offense committed on or after
13    June 1, 2008 (the effective date of Public Act 95-464)
14    that would qualify the accused as a child sex offender as
15    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, refrain from
17    communicating with or contacting, by means of the
18    Internet, a person who is related to the accused and whom
19    the accused reasonably believes to be under 18 years of
20    age; for purposes of this paragraph (17), "Internet" has
21    the meaning ascribed to it in Section 16-0.1 of the
22    Criminal Code of 2012; and a person is related to the
23    accused if the person is: (i) the spouse, brother, or
24    sister of the accused; (ii) a descendant of the accused;
25    (iii) a first or second cousin of the accused; or (iv) a
26    step-child or adopted child of the accused;

 

 

HB2985- 403 -LRB103 26237 RLC 52596 b

1        (18) if convicted for an offense committed on or after
2    June 1, 2009 (the effective date of Public Act 95-983)
3    that would qualify as a sex offense as defined in the Sex
4    Offender Registration Act:
5            (i) not access or use a computer or any other
6        device with Internet capability without the prior
7        written approval of the offender's probation officer,
8        except in connection with the offender's employment or
9        search for employment with the prior approval of the
10        offender's probation officer;
11            (ii) submit to periodic unannounced examinations
12        of the offender's computer or any other device with
13        Internet capability by the offender's probation
14        officer, a law enforcement officer, or assigned
15        computer or information technology specialist,
16        including the retrieval and copying of all data from
17        the computer or device and any internal or external
18        peripherals and removal of such information,
19        equipment, or device to conduct a more thorough
20        inspection;
21            (iii) submit to the installation on the offender's
22        computer or device with Internet capability, at the
23        subject's expense, of one or more hardware or software
24        systems to monitor the Internet use; and
25            (iv) submit to any other appropriate restrictions
26        concerning the offender's use of or access to a

 

 

HB2985- 404 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 405 -LRB103 26237 RLC 52596 b

1sentence of county impact incarceration under Section 5-8-1.2.
2    Persons committed to imprisonment as a condition of
3probation or conditional discharge shall not be committed to
4the Department of Corrections.
5    (f) The court may combine a sentence of periodic
6imprisonment under Article 7 or a sentence to a county impact
7incarceration program under Article 8 with a sentence of
8probation or conditional discharge.
9    (g) An offender sentenced to probation or to conditional
10discharge and who during the term of either undergoes
11mandatory drug or alcohol testing, or both, or is assigned to
12be placed on an approved electronic monitoring device, shall
13be ordered to pay all costs incidental to such mandatory drug
14or alcohol testing, or both, and all costs incidental to such
15approved electronic monitoring in accordance with the
16defendant's ability to pay those costs. The county board with
17the concurrence of the Chief Judge of the judicial circuit in
18which the county is located shall establish reasonable fees
19for the cost of maintenance, testing, and incidental expenses
20related to the mandatory drug or alcohol testing, or both, and
21all costs incidental to approved electronic monitoring,
22involved in a successful probation program for the county. The
23concurrence of the Chief Judge shall be in the form of an
24administrative order. The fees shall be collected by the clerk
25of the circuit court, except as provided in an administrative
26order of the Chief Judge of the circuit court. The clerk of the

 

 

HB2985- 406 -LRB103 26237 RLC 52596 b

1circuit court shall pay all moneys collected from these fees
2to the county treasurer who shall use the moneys collected to
3defray the costs of drug testing, alcohol testing, and
4electronic monitoring. The county treasurer shall deposit the
5fees collected in the county working cash fund under Section
66-27001 or Section 6-29002 of the Counties Code, as the case
7may be. The Chief Judge of the circuit court of the county may
8by administrative order establish a program for electronic
9monitoring of offenders, in which a vendor supplies and
10monitors the operation of the electronic monitoring device,
11and collects the fees on behalf of the county. The program
12shall include provisions for indigent offenders and the
13collection of unpaid fees. The program shall not unduly burden
14the offender and shall be subject to review by the Chief Judge.
15    The Chief Judge of the circuit court may suspend any
16additional charges or fees for late payment, interest, or
17damage to any device.
18    (h) Jurisdiction over an offender may be transferred from
19the sentencing court to the court of another circuit with the
20concurrence of both courts. Further transfers or retransfers
21of jurisdiction are also authorized in the same manner. The
22court to which jurisdiction has been transferred shall have
23the same powers as the sentencing court. The probation
24department within the circuit to which jurisdiction has been
25transferred, or which has agreed to provide supervision, may
26impose probation fees upon receiving the transferred offender,

 

 

HB2985- 407 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 408 -LRB103 26237 RLC 52596 b

1treasurer for deposit in the probation and court services fund
2under Section 15.1 of the Probation and Probation Officers
3Act.
4    A circuit court may not impose a probation fee under this
5subsection (i) in excess of $25 per month unless the circuit
6court has adopted, by administrative order issued by the chief
7judge, a standard probation fee guide determining an
8offender's ability to pay. Of the amount collected as a
9probation fee, up to $5 of that fee collected per month may be
10used to provide services to crime victims and their families.
11    The Court may only waive probation fees based on an
12offender's ability to pay. The probation department may
13re-evaluate an offender's ability to pay every 6 months, and,
14with the approval of the Director of Court Services or the
15Chief Probation Officer, adjust the monthly fee amount. An
16offender may elect to pay probation fees due in a lump sum. Any
17offender that has been assigned to the supervision of a
18probation department, or has been transferred either under
19subsection (h) of this Section or under any interstate
20compact, shall be required to pay probation fees to the
21department supervising the offender, based on the offender's
22ability to pay.
23    Public Act 93-970 deletes the $10 increase in the fee
24under this subsection that was imposed by Public Act 93-616.
25This deletion is intended to control over any other Act of the
2693rd General Assembly that retains or incorporates that fee

 

 

HB2985- 409 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 410 -LRB103 26237 RLC 52596 b

1be available for all evaluations and treatment programs
2required by the court or the probation department.
3    (l) The court may order an offender who is sentenced to
4probation or conditional discharge for a violation of an order
5of protection be placed under electronic surveillance as
6provided in Section 5-8A-7 of this Code.
7(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
8    Section 95. The Stalking No Contact Order Act is amended
9by changing Section 80 as follows:
 
10    (740 ILCS 21/80)
11    Sec. 80. Stalking no contact orders; remedies.
12    (a) If the court finds that the petitioner has been a
13victim of stalking, a stalking no contact order shall issue;
14provided that the petitioner must also satisfy the
15requirements of Section 95 on emergency orders or Section 100
16on plenary orders. The petitioner shall not be denied a
17stalking no contact order because the petitioner or the
18respondent is a minor. The court, when determining whether or
19not to issue a stalking no contact order, may not require
20physical injury on the person of the petitioner. Modification
21and extension of prior stalking no contact orders shall be in
22accordance with this Act.
23    (b) A stalking no contact order shall order one or more of
24the following:

 

 

HB2985- 411 -LRB103 26237 RLC 52596 b

1        (1) prohibit the respondent from threatening to commit
2    or committing stalking;
3        (2) order the respondent not to have any contact with
4    the petitioner or a third person specifically named by the
5    court;
6        (3) prohibit the respondent from knowingly coming
7    within, or knowingly remaining within a specified distance
8    of the petitioner or the petitioner's residence, school,
9    daycare, or place of employment, or any specified place
10    frequented by the petitioner; however, the court may order
11    the respondent to stay away from the respondent's own
12    residence, school, or place of employment only if the
13    respondent has been provided actual notice of the
14    opportunity to appear and be heard on the petition;
15        (4) prohibit the respondent from possessing a Firearm
16    Owners Identification Card, or possessing or buying
17    firearms; and
18        (5) order other injunctive relief the court determines
19    to be necessary to protect the petitioner or third party
20    specifically named by the court.
21    (b-5) When the petitioner and the respondent attend the
22same public, private, or non-public elementary, middle, or
23high school, the court when issuing a stalking no contact
24order and providing relief shall consider the severity of the
25act, any continuing physical danger or emotional distress to
26the petitioner, the educational rights guaranteed to the

 

 

HB2985- 412 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 413 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 414 -LRB103 26237 RLC 52596 b

1custodian of a minor respondent in civil or criminal contempt
2for a violation of any provision of any order entered under
3this Act for conduct of the minor respondent in violation of
4this Act if the parents, guardian, or legal custodian
5directed, encouraged, or assisted the respondent minor in such
6conduct.
7    (c) The court may award the petitioner costs and attorneys
8fees if a stalking no contact order is granted.
9    (d) Monetary damages are not recoverable as a remedy.
10    (e) If the stalking no contact order prohibits the
11respondent from possessing a Firearm Owner's Identification
12Card, or possessing or buying firearms; the court shall
13confiscate the respondent's firearms Firearm Owner's
14Identification Card and immediately return the card to the
15Illinois State Police Firearm Owner's Identification Card
16Office.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 100. The Mental Health and Developmental
19Disabilities Confidentiality Act is amended by changing
20Section 12 as follows:
 
21    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
22    Sec. 12. (a) If the United States Secret Service or the
23Illinois State Police requests information from a mental
24health or developmental disability facility, as defined in

 

 

HB2985- 415 -LRB103 26237 RLC 52596 b

1Section 1-107 and 1-114 of the Mental Health and Developmental
2Disabilities Code, relating to a specific recipient and the
3facility director determines that disclosure of such
4information may be necessary to protect the life of, or to
5prevent the infliction of great bodily harm to, a public
6official, or a person under the protection of the United
7States Secret Service, only the following information may be
8disclosed: the recipient's name, address, and age and the date
9of any admission to or discharge from a facility; and any
10information which would indicate whether or not the recipient
11has a history of violence or presents a danger of violence to
12the person under protection. Any information so disclosed
13shall be used for investigative purposes only and shall not be
14publicly disseminated. Any person participating in good faith
15in the disclosure of such information in accordance with this
16provision shall have immunity from any liability, civil,
17criminal or otherwise, if such information is disclosed
18relying upon the representation of an officer of the United
19States Secret Service or the Illinois State Police that a
20person is under the protection of the United States Secret
21Service or is a public official.
22    For the purpose of this subsection (a), the term "public
23official" means the Governor, Lieutenant Governor, Attorney
24General, Secretary of State, State Comptroller, State
25Treasurer, member of the General Assembly, member of the
26United States Congress, Judge of the United States as defined

 

 

HB2985- 416 -LRB103 26237 RLC 52596 b

1in 28 U.S.C. 451, Justice of the United States as defined in 28
2U.S.C. 451, United States Magistrate Judge as defined in 28
3U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
4Supreme, Appellate, Circuit, or Associate Judge of the State
5of Illinois. The term shall also include the spouse, child or
6children of a public official.
7    (b) The Department of Human Services (acting as successor
8to the Department of Mental Health and Developmental
9Disabilities) and all public or private hospitals and mental
10health facilities are required, as hereafter described in this
11subsection, to furnish the Illinois State Police only such
12information as may be required for the sole purpose of
13determining whether an individual who may be or may have been a
14patient is disqualified because of that status from receiving
15or retaining a firearm under paragraph (4) of subsection (a)
16of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
17Identification Card or falls within the federal prohibitors
18under subsection (e), (f), (g), (r), (s), or (t) of Section 8
19of the Firearm Owners Identification Card Act, or falls within
20the federal prohibitors in 18 U.S.C. 922(g) and (n). All
21physicians, clinical psychologists, or qualified examiners at
22public or private mental health facilities or parts thereof as
23defined in this subsection shall, in the form and manner
24required by the Department, provide notice directly to the
25Department of Human Services, or to his or her employer who
26shall then report to the Department, within 24 hours after

 

 

HB2985- 417 -LRB103 26237 RLC 52596 b

1determining that a person poses a clear and present danger to
2himself, herself, or others, or within 7 days after a person 14
3years or older is determined to be a person with a
4developmental disability by a physician, clinical
5psychologist, or qualified examiner as described in this
6subsection (b) Section 1.1 of the Firearm Owners
7Identification Card Act. If a person is a patient as described
8in clause (2)(A) (1) of the definition of "patient" in this
9subsection Section 1.1 of the Firearm Owners Identification
10Card Act, this information shall be furnished within 7 days
11after admission to a public or private hospital or mental
12health facility or the provision of services. Any such
13information disclosed under this subsection shall remain
14privileged and confidential, and shall not be redisclosed,
15except as required by clause (e)(2) of Section 24-4.5 of the
16Criminal Code of 2012 subsection (e) of Section 3.1 of the
17Firearm Owners Identification Card Act, nor utilized for any
18other purpose. The method of requiring the providing of such
19information shall guarantee that no information is released
20beyond what is necessary for this purpose. In addition, the
21information disclosed shall be provided by the Department
22within the time period established by Section 24-3 of the
23Criminal Code of 2012 regarding the delivery of firearms. The
24method used shall be sufficient to provide the necessary
25information within the prescribed time period, which may
26include periodically providing lists to the Department of

 

 

HB2985- 418 -LRB103 26237 RLC 52596 b

1Human Services or any public or private hospital or mental
2health facility of Firearm Owner's Identification Card
3applicants for firearm purchases on which the Department or
4hospital shall indicate the identities of those individuals
5who are to its knowledge disqualified from having a firearm
6Firearm Owner's Identification Card for reasons described
7herein. The Department may provide for a centralized source of
8information for the State on this subject under its
9jurisdiction. The identity of the person reporting under this
10subsection shall not be disclosed to the subject of the
11report. For the purposes of this subsection, the physician,
12clinical psychologist, or qualified examiner making the
13determination and his or her employer shall not be held
14criminally, civilly, or professionally liable for making or
15not making the notification required under this subsection,
16except for willful or wanton misconduct.
17    Any person, institution, or agency, under this Act,
18participating in good faith in the reporting or disclosure of
19records and communications otherwise in accordance with this
20provision or with rules, regulations or guidelines issued by
21the Department shall have immunity from any liability, civil,
22criminal or otherwise, that might result by reason of the
23action. For the purpose of any proceeding, civil or criminal,
24arising out of a report or disclosure in accordance with this
25provision, the good faith of any person, institution, or
26agency so reporting or disclosing shall be presumed. The full

 

 

HB2985- 419 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 420 -LRB103 26237 RLC 52596 b

1    himself, herself, or to others has the meaning as defined
2    in Section 1.1 of the Firearm Owners Identification Card
3    Act.
4        (3) "Mental health facility" means any licensed
5    private hospital or hospital affiliate, institution, or
6    facility, or part thereof, and any facility, or part
7    thereof, operated by the State or a political subdivision
8    thereof which provide treatment of persons with mental
9    illness and includes all hospitals, institutions, clinics,
10    evaluation facilities, mental health centers, colleges,
11    universities, long-term care facilities, and nursing
12    homes, or parts thereof, which provide treatment of
13    persons with mental illness whether or not the primary
14    purpose is to provide treatment of persons with mental
15    illness has the meaning as defined in Section 1.1 of the
16    Firearm Owners Identification Card Act.
17    (c) Upon the request of a peace officer who takes a person
18into custody and transports such person to a mental health or
19developmental disability facility pursuant to Section 3-606 or
204-404 of the Mental Health and Developmental Disabilities Code
21or who transports a person from such facility, a facility
22director shall furnish said peace officer the name, address,
23age and name of the nearest relative of the person transported
24to or from the mental health or developmental disability
25facility. In no case shall the facility director disclose to
26the peace officer any information relating to the diagnosis,

 

 

HB2985- 421 -LRB103 26237 RLC 52596 b

1treatment or evaluation of the person's mental or physical
2health.
3    For the purposes of this subsection (c), the terms "mental
4health or developmental disability facility", "peace officer"
5and "facility director" shall have the meanings ascribed to
6them in the Mental Health and Developmental Disabilities Code.
7    (d) Upon the request of a peace officer or prosecuting
8authority who is conducting a bona fide investigation of a
9criminal offense, or attempting to apprehend a fugitive from
10justice, a facility director may disclose whether a person is
11present at the facility. Upon request of a peace officer or
12prosecuting authority who has a valid forcible felony warrant
13issued, a facility director shall disclose: (1) whether the
14person who is the subject of the warrant is present at the
15facility and (2) the date of that person's discharge or future
16discharge from the facility. The requesting peace officer or
17prosecuting authority must furnish a case number and the
18purpose of the investigation or an outstanding arrest warrant
19at the time of the request. Any person, institution, or agency
20participating in good faith in disclosing such information in
21accordance with this subsection (d) is immune from any
22liability, civil, criminal or otherwise, that might result by
23reason of the action.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 105. The Illinois Domestic Violence Act of 1986 is

 

 

HB2985- 422 -LRB103 26237 RLC 52596 b

1amended by changing Sections 210 and 214 as follows:
 
2    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
3    Sec. 210. Process.
4    (a) Summons. Any action for an order of protection,
5whether commenced alone or in conjunction with another
6proceeding, is a distinct cause of action and requires that a
7separate summons be issued and served, except that in pending
8cases the following methods may be used:
9        (1) By delivery of the summons to respondent
10    personally in open court in pending civil or criminal
11    cases.
12        (2) By notice in accordance with Section 210.1 in
13    civil cases in which the defendant has filed a general
14    appearance.
15    The summons shall be in the form prescribed by Supreme
16Court Rule 101(d), except that it shall require respondent to
17answer or appear within 7 days. Attachments to the summons or
18notice shall include the petition for order of protection and
19supporting affidavits, if any, and any emergency order of
20protection that has been issued. The enforcement of an order
21of protection under Section 223 shall not be affected by the
22lack of service, delivery, or notice, provided the
23requirements of subsection (d) of that Section are otherwise
24met.
25    (b) Blank.

 

 

HB2985- 423 -LRB103 26237 RLC 52596 b

1    (c) Expedited service. The summons shall be served by the
2sheriff or other law enforcement officer at the earliest time
3and shall take precedence over other summonses except those of
4a similar emergency nature. Special process servers may be
5appointed at any time, and their designation shall not affect
6the responsibilities and authority of the sheriff or other
7official process servers. In counties with a population over
83,000,000, a special process server may not be appointed if
9the order of protection grants the surrender of a child, the
10surrender of a firearm or firearm owners identification card,
11or the exclusive possession of a shared residence.
12    (d) Remedies requiring actual notice. The counseling,
13payment of support, payment of shelter services, and payment
14of losses remedies provided by paragraphs 4, 12, 13, and 16 of
15subsection (b) of Section 214 may be granted only if
16respondent has been personally served with process, has
17answered or has made a general appearance.
18    (e) Remedies upon constructive notice. Service of process
19on a member of respondent's household or by publication shall
20be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
216, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
22214, but only if: (i) petitioner has made all reasonable
23efforts to accomplish actual service of process personally
24upon respondent, but respondent cannot be found to effect such
25service and (ii) petitioner files an affidavit or presents
26sworn testimony as to those efforts.

 

 

HB2985- 424 -LRB103 26237 RLC 52596 b

1    (f) Default. A plenary order of protection may be entered
2by default as follows:
3        (1) For any of the remedies sought in the petition, if
4    respondent has been served or given notice in accordance
5    with subsection (a) and if respondent then fails to appear
6    as directed or fails to appear on any subsequent
7    appearance or hearing date agreed to by the parties or set
8    by the court; or
9        (2) For any of the remedies provided in accordance
10    with subsection (e), if respondent fails to answer or
11    appear in accordance with the date set in the publication
12    notice or the return date indicated on the service of a
13    household member.
14    (g) Emergency orders. If an order is granted under
15subsection (c) of Section 217, the court shall immediately
16file a certified copy of the order with the sheriff or other
17law enforcement official charged with maintaining Department
18of State Police records.
19(Source: P.A. 101-508, eff. 1-1-20.)
 
20    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
21    Sec. 214. Order of protection; remedies.
22    (a) Issuance of order. If the court finds that petitioner
23has been abused by a family or household member or that
24petitioner is a high-risk adult who has been abused,
25neglected, or exploited, as defined in this Act, an order of

 

 

HB2985- 425 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 426 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 427 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 428 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 429 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 430 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 431 -LRB103 26237 RLC 52596 b

1        (4) Counseling. Require or recommend the respondent to
2    undergo counseling for a specified duration with a social
3    worker, psychologist, clinical psychologist,
4    psychiatrist, family service agency, alcohol or substance
5    abuse program, mental health center guidance counselor,
6    agency providing services to elders, program designed for
7    domestic violence abusers or any other guidance service
8    the court deems appropriate. The Court may order the
9    respondent in any intimate partner relationship to report
10    to an Illinois Department of Human Services protocol
11    approved partner abuse intervention program for an
12    assessment and to follow all recommended treatment.
13        (5) Physical care and possession of the minor child.
14    In order to protect the minor child from abuse, neglect,
15    or unwarranted separation from the person who has been the
16    minor child's primary caretaker, or to otherwise protect
17    the well-being of the minor child, the court may do either
18    or both of the following: (i) grant petitioner physical
19    care or possession of the minor child, or both, or (ii)
20    order respondent to return a minor child to, or not remove
21    a minor child from, the physical care of a parent or person
22    in loco parentis.
23        If a court finds, after a hearing, that respondent has
24    committed abuse (as defined in Section 103) of a minor
25    child, there shall be a rebuttable presumption that
26    awarding physical care to respondent would not be in the

 

 

HB2985- 432 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 433 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 434 -LRB103 26237 RLC 52596 b

1        (9) Order to appear. Order the respondent to appear in
2    court, alone or with a minor child, to prevent abuse,
3    neglect, removal or concealment of the child, to return
4    the child to the custody or care of the petitioner or to
5    permit any court-ordered interview or examination of the
6    child or the respondent.
7        (10) Possession of personal property. Grant petitioner
8    exclusive possession of personal property and, if
9    respondent has possession or control, direct respondent to
10    promptly make it available to petitioner, if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the parties own the property jointly; sharing
14        it would risk abuse of petitioner by respondent or is
15        impracticable; and the balance of hardships favors
16        temporary possession by petitioner.
17        If petitioner's sole claim to ownership of the
18    property is that it is marital property, the court may
19    award petitioner temporary possession thereof under the
20    standards of subparagraph (ii) of this paragraph only if a
21    proper proceeding has been filed under the Illinois
22    Marriage and Dissolution of Marriage Act, as now or
23    hereafter amended.
24        No order under this provision shall affect title to
25    property.
26        (11) Protection of property. Forbid the respondent

 

 

HB2985- 435 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 436 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 437 -LRB103 26237 RLC 52596 b

1    restaurant meals.
2            (i) Losses affecting family needs. If a party is
3        entitled to seek maintenance, child support or
4        property distribution from the other party under the
5        Illinois Marriage and Dissolution of Marriage Act, as
6        now or hereafter amended, the court may order
7        respondent to reimburse petitioner's actual losses, to
8        the extent that such reimbursement would be
9        "appropriate temporary relief", as authorized by
10        subsection (a)(3) of Section 501 of that Act.
11            (ii) Recovery of expenses. In the case of an
12        improper concealment or removal of a minor child, the
13        court may order respondent to pay the reasonable
14        expenses incurred or to be incurred in the search for
15        and recovery of the minor child, including but not
16        limited to legal fees, court costs, private
17        investigator fees, and travel costs.
18        (14) Prohibition of entry. Prohibit the respondent
19    from entering or remaining in the residence or household
20    while the respondent is under the influence of alcohol or
21    drugs and constitutes a threat to the safety and
22    well-being of the petitioner or the petitioner's children.
23        (14.5) Prohibition of firearm possession.
24            (a) Prohibit a respondent against whom an order of
25        protection was issued from possessing any firearms
26        during the duration of the order if the order:

 

 

HB2985- 438 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 439 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 440 -LRB103 26237 RLC 52596 b

1        firearms for training purposes, or for any other
2        application as deemed appropriate by the local law
3        enforcement agency; or that the firearms be turned
4        over to a third party who is lawfully eligible to
5        possess firearms, and who does not reside with
6        respondent.
7        (15) Prohibition of access to records. If an order of
8    protection prohibits respondent from having contact with
9    the minor child, or if petitioner's address is omitted
10    under subsection (b) of Section 203, or if necessary to
11    prevent abuse or wrongful removal or concealment of a
12    minor child, the order shall deny respondent access to,
13    and prohibit respondent from inspecting, obtaining, or
14    attempting to inspect or obtain, school or any other
15    records of the minor child who is in the care of
16    petitioner.
17        (16) Order for payment of shelter services. Order
18    respondent to reimburse a shelter providing temporary
19    housing and counseling services to the petitioner for the
20    cost of the services, as certified by the shelter and
21    deemed reasonable by the court.
22        (17) Order for injunctive relief. Enter injunctive
23    relief necessary or appropriate to prevent further abuse
24    of a family or household member or further abuse, neglect,
25    or exploitation of a high-risk adult with disabilities or
26    to effectuate one of the granted remedies, if supported by

 

 

HB2985- 441 -LRB103 26237 RLC 52596 b

1    the balance of hardships. If the harm to be prevented by
2    the injunction is abuse or any other harm that one of the
3    remedies listed in paragraphs (1) through (16) of this
4    subsection is designed to prevent, no further evidence is
5    necessary that the harm is an irreparable injury.
6        (18) Telephone services.
7            (A) Unless a condition described in subparagraph
8        (B) of this paragraph exists, the court may, upon
9        request by the petitioner, order a wireless telephone
10        service provider to transfer to the petitioner the
11        right to continue to use a telephone number or numbers
12        indicated by the petitioner and the financial
13        responsibility associated with the number or numbers,
14        as set forth in subparagraph (C) of this paragraph.
15        For purposes of this paragraph (18), the term
16        "wireless telephone service provider" means a provider
17        of commercial mobile service as defined in 47 U.S.C.
18        332. The petitioner may request the transfer of each
19        telephone number that the petitioner, or a minor child
20        in his or her custody, uses. The clerk of the court
21        shall serve the order on the wireless telephone
22        service provider's agent for service of process
23        provided to the Illinois Commerce Commission. The
24        order shall contain all of the following:
25                (i) The name and billing telephone number of
26            the account holder including the name of the

 

 

HB2985- 442 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 443 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 444 -LRB103 26237 RLC 52596 b

1        Commission's website. The Commission may consult with
2        wireless telephone service providers and the Circuit
3        Court Clerks on the manner in which this information
4        is provided and displayed.
5    (c) Relevant factors; findings.
6        (1) In determining whether to grant a specific remedy,
7    other than payment of support, the court shall consider
8    relevant factors, including but not limited to the
9    following:
10            (i) the nature, frequency, severity, pattern and
11        consequences of the respondent's past abuse, neglect
12        or exploitation of the petitioner or any family or
13        household member, including the concealment of his or
14        her location in order to evade service of process or
15        notice, and the likelihood of danger of future abuse,
16        neglect, or exploitation to petitioner or any member
17        of petitioner's or respondent's family or household;
18        and
19            (ii) the danger that any minor child will be
20        abused or neglected or improperly relocated from the
21        jurisdiction, improperly concealed within the State or
22        improperly separated from the child's primary
23        caretaker.
24        (2) In comparing relative hardships resulting to the
25    parties from loss of possession of the family home, the
26    court shall consider relevant factors, including but not

 

 

HB2985- 445 -LRB103 26237 RLC 52596 b

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

 

 

HB2985- 446 -LRB103 26237 RLC 52596 b

1    subsection, may use the following procedure:
2        When a verified petition for an emergency order of
3    protection in accordance with the requirements of Sections
4    203 and 217 is presented to the court, the court shall
5    examine petitioner on oath or affirmation. An emergency
6    order of protection shall be issued by the court if it
7    appears from the contents of the petition and the
8    examination of petitioner that the averments are
9    sufficient to indicate abuse by respondent and to support
10    the granting of relief under the issuance of the emergency
11    order of protection.
12        (5) Never married parties. No rights or
13    responsibilities for a minor child born outside of
14    marriage attach to a putative father until a father and
15    child relationship has been established under the Illinois
16    Parentage Act of 1984, the Illinois Parentage Act of 2015,
17    the Illinois Public Aid Code, Section 12 of the Vital
18    Records Act, the Juvenile Court Act of 1987, the Probate
19    Act of 1975, the Revised Uniform Reciprocal Enforcement of
20    Support Act, the Uniform Interstate Family Support Act,
21    the Expedited Child Support Act of 1990, any judicial,
22    administrative, or other act of another state or
23    territory, any other Illinois statute, or by any foreign
24    nation establishing the father and child relationship, any
25    other proceeding substantially in conformity with the
26    Personal Responsibility and Work Opportunity

 

 

HB2985- 447 -LRB103 26237 RLC 52596 b

1    Reconciliation Act of 1996 (Pub. L. 104-193), or where
2    both parties appeared in open court or at an
3    administrative hearing acknowledging under oath or
4    admitting by affirmation the existence of a father and
5    child relationship. Absent such an adjudication, finding,
6    or acknowledgment, no putative father shall be granted
7    temporary allocation of parental responsibilities,
8    including parenting time with the minor child, or physical
9    care and possession of the minor child, nor shall an order
10    of payment for support of the minor child be entered.
11    (d) Balance of hardships; findings. If the court finds
12that the balance of hardships does not support the granting of
13a remedy governed by paragraph (2), (3), (10), (11), or (16) of
14subsection (b) of this Section, which may require such
15balancing, the court's findings shall so indicate and shall
16include a finding as to whether granting the remedy will
17result in hardship to respondent that would substantially
18outweigh the hardship to petitioner from denial of the remedy.
19The findings shall be an official record or in writing.
20    (e) Denial of remedies. Denial of any remedy shall not be
21based, in whole or in part, on evidence that:
22        (1) Respondent has cause for any use of force, unless
23    that cause satisfies the standards for justifiable use of
24    force provided by Article 7 of the Criminal Code of 2012;
25        (2) Respondent was voluntarily intoxicated;
26        (3) Petitioner acted in self-defense or defense of

 

 

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1    another, provided that, if petitioner utilized force, such
2    force was justifiable under Article 7 of the Criminal Code
3    of 2012;
4        (4) Petitioner did not act in self-defense or defense
5    of another;
6        (5) Petitioner left the residence or household to
7    avoid further abuse, neglect, or exploitation by
8    respondent;
9        (6) Petitioner did not leave the residence or
10    household to avoid further abuse, neglect, or exploitation
11    by respondent;
12        (7) Conduct by any family or household member excused
13    the abuse, neglect, or exploitation by respondent, unless
14    that same conduct would have excused such abuse, neglect,
15    or exploitation if the parties had not been family or
16    household members.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 110. The Uniform Disposition of Unclaimed Property
19Act is amended by changing Section 1 as follows:
 
20    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
21    Sec. 1. As used in this Act, unless the context otherwise
22requires:
23    (a) "Banking organization" means any bank, trust company,
24savings bank, industrial bank, land bank, safe deposit

 

 

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

 

 

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1commercial entity.
2    (h) "Utility" means any person who owns or operates, for
3public use, any plant, equipment, property, franchise, or
4license for the transmission of communications or the
5production, storage, transmission, sale, delivery, or
6furnishing of electricity, water, steam, oil or gas.
7    (i) (Blank).
8    (j) "Insurance company" means any person transacting the
9kinds of business enumerated in Section 4 of the Illinois
10Insurance Code other than life insurance.
11    (k) "Economic loss", as used in Sections 2a and 9 of this
12Act includes, but is not limited to, delivery charges,
13mark-downs and write-offs, carrying costs, restocking charges,
14lay-aways, special orders, issuance of credit memos, and the
15costs of special services or goods provided that reduce the
16property value or that result in lost sales opportunity.
17    (l) "Reportable property" means property, tangible or
18intangible, presumed abandoned under this Act that must be
19appropriately and timely reported and remitted to the Office
20of the State Treasurer under this Act. Interest, dividends,
21stock splits, warrants, or other rights that become reportable
22property under this Act include the underlying security or
23commodity giving rise to the interest, dividend, split,
24warrant, or other right to which the owner would be entitled.
25    (m) "Firearm" has the meaning ascribed to that term in
26Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners

 

 

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1Identification Card Act.
2(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
391-748, eff. 6-2-00.)
 
4    Section 115. The Revised Uniform Unclaimed Property Act is
5amended by changing Section 15-705 as follows:
 
6    (765 ILCS 1026/15-705)
7    Sec. 15-705. Exceptions to the sale of tangible property.
8The administrator shall dispose of tangible property
9identified by this Section in accordance with this Section.
10    (a) Military medals or decorations. The administrator may
11not sell a medal or decoration awarded for military service in
12the armed forces of the United States. Instead, the
13administrator, with the consent of the respective organization
14under paragraph (1), agency under paragraph (2), or entity
15under paragraph (3), may deliver a medal or decoration to be
16held in custody for the owner, to:
17        (1) a military veterans organization qualified under
18    Section 501(c)(19) of the Internal Revenue Code;
19        (2) the agency that awarded the medal or decoration;
20    or
21        (3) a governmental entity.
22    After delivery, the administrator is not responsible for
23the safekeeping of the medal or decoration.
24    (b) Property with historical value. Property that the

 

 

HB2985- 452 -LRB103 26237 RLC 52596 b

1administrator reasonably believes may have historical value
2may be, at his or her discretion, loaned to an accredited
3museum in the United States where it will be kept until such
4time as the administrator orders it to be returned to his or
5her custody.
6    (c) Human remains. If human remains are delivered to the
7administrator under this Act, the administrator shall deliver
8those human remains to the coroner of the county in which the
9human remains were abandoned for disposition under Section
103-3034 of the Counties Code. The only human remains that may be
11delivered to the administrator under this Act and that the
12administrator may receive are those that are reported and
13delivered as contents of a safe deposit box.
14    (d) Evidence in a criminal investigation. Property that
15may have been used in the commission of a crime or that may
16assist in the investigation of a crime, as determined after
17consulting with the Illinois State Police, shall be delivered
18to the Illinois State Police or other appropriate law
19enforcement authority to allow law enforcement to determine
20whether a criminal investigation should take place. Any such
21property delivered to a law enforcement authority shall be
22held in accordance with existing statutes and rules related to
23the gathering, retention, and release of evidence.
24    (e) Firearms.
25        (1) The administrator, in cooperation with the
26    Illinois State Police, shall develop a procedure to

 

 

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

 

 

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1    subsection (e), the Illinois State Police may:
2            (i) retain the firearm for use by the crime
3        laboratory system, for training purposes, or for any
4        other application as deemed appropriate by the
5        Department;
6            (ii) transfer the firearm to the Illinois State
7        Museum if the firearm has historical value; or
8            (iii) destroy the firearm if it is not retained
9        pursuant to subparagraph (i) or transferred pursuant
10        to subparagraph (ii).
11    As used in this subsection, "firearm" has the meaning
12provided in Section 2-7.5 of the Criminal Code of 2012 the
13Firearm Owners Identification Card Act.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    Section 195. No acceleration or delay. Where this Act
16makes changes in a statute that is represented in this Act by
17text that is not yet or no longer in effect (for example, a
18Section represented by multiple versions), the use of that
19text does not accelerate or delay the taking effect of (i) the
20changes made by this Act or (ii) provisions derived from any
21other Public Act.
 
22    Section 999. Effective date. This Act takes effect upon
23becoming law.

 

 

HB2985- 455 -LRB103 26237 RLC 52596 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 2605/2605-10was 20 ILCS 2605/55a in part
9    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
10    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-595
12    20 ILCS 2605/2605-120 rep.
13    20 ILCS 2605/2605-304 rep.
14    20 ILCS 2630/2.2
15    20 ILCS 3930/7.9
16    30 ILCS 105/6z-99
17    30 ILCS 105/6z-127
18    30 ILCS 500/1-10
19    30 ILCS 715/3from Ch. 56 1/2, par. 1703
20    50 ILCS 710/1from Ch. 85, par. 515
21    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
22    105 ILCS 5/10-27.1A
23    105 ILCS 5/34-8.05
24    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
25    225 ILCS 447/35-30

 

 

HB2985- 456 -LRB103 26237 RLC 52596 b

1    225 ILCS 447/35-35
2    405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
3    405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
4    405 ILCS 5/6-103.1
5    405 ILCS 5/6-103.2
6    405 ILCS 5/6-103.3
7    410 ILCS 45/2from Ch. 111 1/2, par. 1302
8    430 ILCS 65/Act rep.
9    430 ILCS 66/25
10    430 ILCS 66/30
11    430 ILCS 66/40
12    430 ILCS 66/66
13    430 ILCS 66/70
14    430 ILCS 66/80
15    430 ILCS 66/105
16    430 ILCS 67/35
17    430 ILCS 67/40
18    430 ILCS 68/5-20
19    430 ILCS 68/5-25
20    430 ILCS 68/5-40
21    430 ILCS 68/5-85
22    520 ILCS 5/3.2from Ch. 61, par. 3.2
23    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
24    720 ILCS 5/2-7.1
25    720 ILCS 5/2-7.5
26    720 ILCS 5/12-3.05was 720 ILCS 5/12-4

 

 

HB2985- 457 -LRB103 26237 RLC 52596 b

1    720 ILCS 5/16-0.1
2    720 ILCS 5/17-30was 720 ILCS 5/16C-2
3    720 ILCS 5/24-1from Ch. 38, par. 24-1
4    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
5    720 ILCS 5/24-1.6
6    720 ILCS 5/24-1.8
7    720 ILCS 5/24-1.9
8    720 ILCS 5/24-1.10
9    720 ILCS 5/24-2
10    720 ILCS 5/24-3from Ch. 38, par. 24-3
11    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
12    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
13    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
14    720 ILCS 5/24-3.5
15    720 ILCS 5/24-3B
16    720 ILCS 5/24-4.1
17    720 ILCS 5/24-4.5 new
18    720 ILCS 5/24-5.1
19    720 ILCS 5/24-9
20    720 ILCS 646/10
21    725 ILCS 5/102-7.1
22    725 ILCS 5/110-10from Ch. 38, par. 110-10
23    725 ILCS 5/112A-11.1
24    725 ILCS 5/112A-11.2
25    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
26    725 ILCS 5/112A-14.7

 

 

HB2985- 458 -LRB103 26237 RLC 52596 b

1    730 ILCS 5/5-4.5-110
2    730 ILCS 5/5-5-3
3    730 ILCS 5/5-5-3.2
4    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
5    740 ILCS 21/80
6    740 ILCS 110/12from Ch. 91 1/2, par. 812
7    750 ILCS 60/210from Ch. 40, par. 2312-10
8    750 ILCS 60/214from Ch. 40, par. 2312-14
9    765 ILCS 1025/1from Ch. 141, par. 101
10    765 ILCS 1026/15-705