103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5199

 

Introduced 2/9/2024, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 38448 RLC 68584 b

 

 

A BILL FOR

 

HB5199LRB103 38448 RLC 68584 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The 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        (4.5) Evidence or testimony presented to a school
5    board regarding denial of admission to school events or
6    property pursuant to Section 24-24 of the School Code,
7    provided that the school board prepares and makes
8    available for public inspection a written decision setting
9    forth its determinative reasoning.
10        (5) The purchase or lease of real property for the use
11    of the public body, including meetings held for the
12    purpose of discussing whether a particular parcel should
13    be acquired.
14        (6) The setting of a price for sale or lease of
15    property owned by the public body.
16        (7) The sale or purchase of securities, investments,
17    or investment contracts. This exception shall not apply to
18    the investment of assets or income of funds deposited into
19    the Illinois Prepaid Tuition Trust Fund.
20        (8) Security procedures, school building safety and
21    security, and the use of personnel and equipment to
22    respond to an actual, a threatened, or a reasonably
23    potential danger to the safety of employees, students,
24    staff, the public, or public property.
25        (9) Student disciplinary cases.
26        (10) The placement of individual students in special

 

 

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1    education programs and other matters relating to
2    individual students.
3        (11) Litigation, when an action against, affecting or
4    on behalf of the particular public body has been filed and
5    is pending before a court or administrative tribunal, or
6    when the public body finds that an action is probable or
7    imminent, in which case the basis for the finding shall be
8    recorded and entered into the minutes of the closed
9    meeting.
10        (12) The establishment of reserves or settlement of
11    claims as provided in the Local Governmental and
12    Governmental Employees Tort Immunity Act, if otherwise the
13    disposition of a claim or potential claim might be
14    prejudiced, or the review or discussion of claims, loss or
15    risk management information, records, data, advice or
16    communications from or with respect to any insurer of the
17    public body or any intergovernmental risk management
18    association or self insurance pool of which the public
19    body is a member.
20        (13) Conciliation of complaints of discrimination in
21    the sale or rental of housing, when closed meetings are
22    authorized by the law or ordinance prescribing fair
23    housing practices and creating a commission or
24    administrative agency for their enforcement.
25        (14) Informant sources, the hiring or assignment of
26    undercover personnel or equipment, or ongoing, prior or

 

 

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1    future criminal investigations, when discussed by a public
2    body with criminal investigatory responsibilities.
3        (15) Professional ethics or performance when
4    considered by an advisory body appointed to advise a
5    licensing or regulatory agency on matters germane to the
6    advisory body's field of competence.
7        (16) Self evaluation, practices and procedures or
8    professional ethics, when meeting with a representative of
9    a statewide association of which the public body is a
10    member.
11        (17) The recruitment, credentialing, discipline or
12    formal peer review of physicians or other health care
13    professionals, or for the discussion of matters protected
14    under the federal Patient Safety and Quality Improvement
15    Act of 2005, and the regulations promulgated thereunder,
16    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17    Health Insurance Portability and Accountability Act of
18    1996, and the regulations promulgated thereunder,
19    including 45 C.F.R. Parts 160, 162, and 164, by a
20    hospital, or other institution providing medical care,
21    that is operated by the public body.
22        (18) Deliberations for decisions of the Prisoner
23    Review Board.
24        (19) Review or discussion of applications received
25    under the Experimental Organ Transplantation Procedures
26    Act.

 

 

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1        (20) The classification and discussion of matters
2    classified as confidential or continued confidential by
3    the State Government Suggestion Award Board.
4        (21) Discussion of minutes of meetings lawfully closed
5    under this Act, whether for purposes of approval by the
6    body of the minutes or semi-annual review of the minutes
7    as mandated by Section 2.06.
8        (22) Deliberations for decisions of the State
9    Emergency Medical Services Disciplinary Review Board.
10        (23) The operation by a municipality of a municipal
11    utility or the operation of a municipal power agency or
12    municipal natural gas agency when the discussion involves
13    (i) contracts relating to the purchase, sale, or delivery
14    of electricity or natural gas or (ii) the results or
15    conclusions of load forecast studies.
16        (24) Meetings of a residential health care facility
17    resident sexual assault and death review team or the
18    Executive Council under the Abuse Prevention Review Team
19    Act.
20        (25) Meetings of an independent team of experts under
21    Brian's Law.
22        (26) Meetings of a mortality review team appointed
23    under the Department of Juvenile Justice Mortality Review
24    Team Act.
25        (27) (Blank).
26        (28) Correspondence and records (i) that may not be

 

 

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1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (29) Meetings between internal or external auditors
5    and governmental audit committees, finance committees, and
6    their equivalents, when the discussion involves internal
7    control weaknesses, identification of potential fraud risk
8    areas, known or suspected frauds, and fraud interviews
9    conducted in accordance with generally accepted auditing
10    standards of the United States of America.
11        (30) Those meetings or portions of meetings of a
12    fatality review team or the Illinois Fatality Review Team
13    Advisory Council during which a review of the death of an
14    eligible adult in which abuse or neglect is suspected,
15    alleged, or substantiated is conducted pursuant to Section
16    15 of the Adult Protective Services Act.
17        (31) Meetings and deliberations for decisions of the
18    Concealed Carry Licensing Review Board under the Firearm
19    Concealed Carry Act.
20        (32) Meetings between the Regional Transportation
21    Authority Board and its Service Boards when the discussion
22    involves review by the Regional Transportation Authority
23    Board of employment contracts under Section 28d of the
24    Metropolitan Transit Authority Act and Sections 3A.18 and
25    3B.26 of the Regional Transportation Authority Act.
26        (33) Those meetings or portions of meetings of the

 

 

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1    advisory committee and peer review subcommittee created
2    under Section 320 of the Illinois Controlled Substances
3    Act during which specific controlled substance prescriber,
4    dispenser, or patient information is discussed.
5        (34) Meetings of the Tax Increment Financing Reform
6    Task Force under Section 2505-800 of the Department of
7    Revenue Law of the Civil Administrative Code of Illinois.
8        (35) Meetings of the group established to discuss
9    Medicaid capitation rates under Section 5-30.8 of the
10    Illinois Public Aid Code.
11        (36) Those deliberations or portions of deliberations
12    for decisions of the Illinois Gaming Board in which there
13    is discussed any of the following: (i) personal,
14    commercial, financial, or other information obtained from
15    any source that is privileged, proprietary, confidential,
16    or a trade secret; or (ii) information specifically
17    exempted from the disclosure by federal or State law.
18        (37) Deliberations for decisions of the Illinois Law
19    Enforcement Training Standards Board, the Certification
20    Review Panel, and the Illinois State Police Merit Board
21    regarding certification and decertification.
22        (38) Meetings of the Ad Hoc Statewide Domestic
23    Violence Fatality Review Committee of the Illinois
24    Criminal Justice Information Authority Board that occur in
25    closed executive session under subsection (d) of Section
26    35 of the Domestic Violence Fatality Review Act.

 

 

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1        (39) Meetings of the regional review teams under
2    subsection (a) of Section 75 of the Domestic Violence
3    Fatality Review Act.
4        (40) Meetings of the Firearm Owner's Identification
5    Card Review Board under Section 10 of the Firearm Owners
6    Identification Card Act before the effective date of this
7    amendatory Act of the 103rd General Assembly.
8    (d) Definitions. For purposes of this Section:
9    "Employee" means a person employed by a public body whose
10relationship with the public body constitutes an
11employer-employee relationship under the usual common law
12rules, and who is not an independent contractor.
13    "Public office" means a position created by or under the
14Constitution or laws of this State, the occupant of which is
15charged with the exercise of some portion of the sovereign
16power of this State. The term "public office" shall include
17members of the public body, but it shall not include
18organizational positions filled by members thereof, whether
19established by law or by a public body itself, that exist to
20assist the body in the conduct of its business.
21    "Quasi-adjudicative body" means an administrative body
22charged by law or ordinance with the responsibility to conduct
23hearings, receive evidence or testimony and make
24determinations based thereon, but does not include local
25electoral boards when such bodies are considering petition
26challenges.

 

 

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1    (e) Final action. No final action may be taken at a closed
2meeting. Final action shall be preceded by a public recital of
3the nature of the matter being considered and other
4information that will inform the public of the business being
5conducted.
6(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
7102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
87-28-23.)
 
9    Section 10. The Freedom of Information Act is amended by
10changing Section 7.5 as follows:
 
11    (5 ILCS 140/7.5)
12    (Text of Section before amendment by P.A. 103-472)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be
15exempt from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation
24    Procedures Board and any and all documents or other

 

 

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1    records prepared by the Experimental Organ Transplantation
2    Procedures Board or its staff relating to applications it
3    has received.
4        (d) Information and records held by the Department of
5    Public Health and its authorized representatives relating
6    to known or suspected cases of sexually transmissible
7    disease or any information the disclosure of which is
8    restricted under the Illinois Sexually Transmissible
9    Disease Control Act.
10        (e) Information the disclosure of which is exempted
11    under Section 30 of the Radon Industry Licensing Act.
12        (f) Firm performance evaluations under Section 55 of
13    the Architectural, Engineering, and Land Surveying
14    Qualifications Based Selection Act.
15        (g) Information the disclosure of which is restricted
16    and exempted under Section 50 of the Illinois Prepaid
17    Tuition Act.
18        (h) Information the disclosure of which is exempted
19    under the State Officials and Employees Ethics Act, and
20    records of any lawfully created State or local inspector
21    general's office that would be exempt if created or
22    obtained by an Executive Inspector General's office under
23    that Act.
24        (i) Information contained in a local emergency energy
25    plan submitted to a municipality in accordance with a
26    local emergency energy plan ordinance that is adopted

 

 

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1    under Section 11-21.5-5 of the Illinois Municipal Code.
2        (j) Information and data concerning the distribution
3    of surcharge moneys collected and remitted by carriers
4    under the Emergency Telephone System Act.
5        (k) Law enforcement officer identification information
6    or driver identification information compiled by a law
7    enforcement agency or the Department of Transportation
8    under Section 11-212 of the Illinois Vehicle Code.
9        (l) Records and information provided to a residential
10    health care facility resident sexual assault and death
11    review team or the Executive Council under the Abuse
12    Prevention Review Team Act.
13        (m) Information provided to the predatory lending
14    database created pursuant to Article 3 of the Residential
15    Real Property Disclosure Act, except to the extent
16    authorized under that Article.
17        (n) Defense budgets and petitions for certification of
18    compensation and expenses for court appointed trial
19    counsel as provided under Sections 10 and 15 of the
20    Capital Crimes Litigation Act (repealed). This subsection
21    (n) shall apply until the conclusion of the trial of the
22    case, even if the prosecution chooses not to pursue the
23    death penalty prior to trial or sentencing.
24        (o) Information that is prohibited from being
25    disclosed under Section 4 of the Illinois Health and
26    Hazardous Substances Registry Act.

 

 

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1        (p) Security portions of system safety program plans,
2    investigation reports, surveys, schedules, lists, data, or
3    information compiled, collected, or prepared by or for the
4    Department of Transportation under Sections 2705-300 and
5    2705-616 of the Department of Transportation Law of the
6    Civil Administrative Code of Illinois, the Regional
7    Transportation Authority under Section 2.11 of the
8    Regional Transportation Authority Act, or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act (repealed).
11        (q) Information prohibited from being disclosed by the
12    Personnel Record Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) (Blank).
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

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1    Firearm Concealed Carry Act, records of the Concealed
2    Carry Licensing Review Board under the Firearm Concealed
3    Carry Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (v-5) Records of the Firearm Owner's Identification
6    Card Review Board that are exempted from disclosure under
7    Section 10 of the Firearm Owners Identification Card Act.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of
20    an eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

HB5199- 15 -LRB103 38448 RLC 68584 b

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

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1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) Information that is exempt from disclosure under
9    Section 70 of the Higher Education Student Assistance Act.
10        (oo) Communications, notes, records, and reports
11    arising out of a peer support counseling session
12    prohibited from disclosure under the First Responders
13    Suicide Prevention Act.
14        (pp) Names and all identifying information relating to
15    an employee of an emergency services provider or law
16    enforcement agency under the First Responders Suicide
17    Prevention Act.
18        (qq) Information and records held by the Department of
19    Public Health and its authorized representatives collected
20    under the Reproductive Health Act.
21        (rr) Information that is exempt from disclosure under
22    the Cannabis Regulation and Tax Act.
23        (ss) Data reported by an employer to the Department of
24    Human Rights pursuant to Section 2-108 of the Illinois
25    Human Rights Act.
26        (tt) Recordings made under the Children's Advocacy

 

 

HB5199- 17 -LRB103 38448 RLC 68584 b

1    Center Act, except to the extent authorized under that
2    Act.
3        (uu) Information that is exempt from disclosure under
4    Section 50 of the Sexual Assault Evidence Submission Act.
5        (vv) Information that is exempt from disclosure under
6    subsections (f) and (j) of Section 5-36 of the Illinois
7    Public Aid Code.
8        (ww) Information that is exempt from disclosure under
9    Section 16.8 of the State Treasurer Act.
10        (xx) Information that is exempt from disclosure or
11    information that shall not be made public under the
12    Illinois Insurance Code.
13        (yy) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (zz) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (aaa) Information prohibited from being disclosed
18    under Section 1-167 of the Illinois Pension Code.
19        (bbb) Information that is prohibited from disclosure
20    by the Illinois Police Training Act and the Illinois State
21    Police Act.
22        (ccc) Records exempt from disclosure under Section
23    2605-304 of the Illinois State Police Law of the Civil
24    Administrative Code of Illinois.
25        (ddd) Information prohibited from being disclosed
26    under Section 35 of the Address Confidentiality for

 

 

HB5199- 18 -LRB103 38448 RLC 68584 b

1    Victims of Domestic Violence, Sexual Assault, Human
2    Trafficking, or Stalking Act.
3        (eee) Information prohibited from being disclosed
4    under subsection (b) of Section 75 of the Domestic
5    Violence Fatality Review Act.
6        (fff) Images from cameras under the Expressway Camera
7    Act. This subsection (fff) is inoperative on and after
8    July 1, 2025.
9        (ggg) Information prohibited from disclosure under
10    paragraph (3) of subsection (a) of Section 14 of the Nurse
11    Agency Licensing Act.
12        (hhh) Information submitted to the Illinois State
13    Police in an affidavit or application for an assault
14    weapon endorsement, assault weapon attachment endorsement,
15    .50 caliber rifle endorsement, or .50 caliber cartridge
16    endorsement under the Firearm Owners Identification Card
17    Act.
18        (iii) Data exempt from disclosure under Section 50 of
19    the School Safety Drill Act.
20        (jjj) (hhh) Information exempt from disclosure under
21    Section 30 of the Insurance Data Security Law.
22        (kkk) (iii) Confidential business information
23    prohibited from disclosure under Section 45 of the Paint
24    Stewardship Act.
25        (lll) (Reserved).
26        (mmm) (iii) Information prohibited from being

 

 

HB5199- 19 -LRB103 38448 RLC 68584 b

1    disclosed under subsection (e) of Section 1-129 of the
2    Illinois Power Agency Act.
3(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
4102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
58-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
6102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
76-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
8eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
9revised 1-2-24.)
 
10    (Text of Section after amendment by P.A. 103-472)
11    Sec. 7.5. Statutory exemptions. To the extent provided for
12by the statutes referenced below, the following shall be
13exempt from inspection and copying:
14        (a) All information determined to be confidential
15    under Section 4002 of the Technology Advancement and
16    Development Act.
17        (b) Library circulation and order records identifying
18    library users with specific materials under the Library
19    Records Confidentiality Act.
20        (c) Applications, related documents, and medical
21    records received by the Experimental Organ Transplantation
22    Procedures Board and any and all documents or other
23    records prepared by the Experimental Organ Transplantation
24    Procedures Board or its staff relating to applications it
25    has received.

 

 

HB5199- 20 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 21 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 22 -LRB103 38448 RLC 68584 b

1    Department of Transportation under Sections 2705-300 and
2    2705-616 of the Department of Transportation Law of the
3    Civil Administrative Code of Illinois, the Regional
4    Transportation Authority under Section 2.11 of the
5    Regional Transportation Authority Act, or the St. Clair
6    County Transit District under the Bi-State Transit Safety
7    Act (repealed).
8        (q) Information prohibited from being disclosed by the
9    Personnel Record Review Act.
10        (r) Information prohibited from being disclosed by the
11    Illinois School Student Records Act.
12        (s) Information the disclosure of which is restricted
13    under Section 5-108 of the Public Utilities Act.
14        (t) (Blank).
15        (u) Records and information provided to an independent
16    team of experts under the Developmental Disability and
17    Mental Health Safety Act (also known as Brian's Law).
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act before the
21    effective date of this amendatory Act of the 103rd General
22    Assembly or applied for or received a concealed carry
23    license under the Firearm Concealed Carry Act, unless
24    otherwise authorized by the Firearm Concealed Carry Act;
25    and databases under the Firearm Concealed Carry Act,
26    records of the Concealed Carry Licensing Review Board

 

 

HB5199- 23 -LRB103 38448 RLC 68584 b

1    under the Firearm Concealed Carry Act, and law enforcement
2    agency objections under the Firearm Concealed Carry Act.
3        (v-5) Records of the Firearm Owner's Identification
4    Card Review Board that were are exempted from disclosure
5    under Section 10 of the Firearm Owners Identification Card
6    Act before the effective date of this amendatory Act of
7    the 103rd General Assembly.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of
20    an eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

HB5199- 24 -LRB103 38448 RLC 68584 b

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

HB5199- 25 -LRB103 38448 RLC 68584 b

1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) Information that is exempt from disclosure under
9    Section 70 of the Higher Education Student Assistance Act.
10        (oo) Communications, notes, records, and reports
11    arising out of a peer support counseling session
12    prohibited from disclosure under the First Responders
13    Suicide Prevention Act.
14        (pp) Names and all identifying information relating to
15    an employee of an emergency services provider or law
16    enforcement agency under the First Responders Suicide
17    Prevention Act.
18        (qq) Information and records held by the Department of
19    Public Health and its authorized representatives collected
20    under the Reproductive Health Act.
21        (rr) Information that is exempt from disclosure under
22    the Cannabis Regulation and Tax Act.
23        (ss) Data reported by an employer to the Department of
24    Human Rights pursuant to Section 2-108 of the Illinois
25    Human Rights Act.
26        (tt) Recordings made under the Children's Advocacy

 

 

HB5199- 26 -LRB103 38448 RLC 68584 b

1    Center Act, except to the extent authorized under that
2    Act.
3        (uu) Information that is exempt from disclosure under
4    Section 50 of the Sexual Assault Evidence Submission Act.
5        (vv) Information that is exempt from disclosure under
6    subsections (f) and (j) of Section 5-36 of the Illinois
7    Public Aid Code.
8        (ww) Information that is exempt from disclosure under
9    Section 16.8 of the State Treasurer Act.
10        (xx) Information that is exempt from disclosure or
11    information that shall not be made public under the
12    Illinois Insurance Code.
13        (yy) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (zz) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (aaa) Information prohibited from being disclosed
18    under Section 1-167 of the Illinois Pension Code.
19        (bbb) Information that is prohibited from disclosure
20    by the Illinois Police Training Act and the Illinois State
21    Police Act.
22        (ccc) Records exempt from disclosure under Section
23    2605-304 of the Illinois State Police Law of the Civil
24    Administrative Code of Illinois.
25        (ddd) Information prohibited from being disclosed
26    under Section 35 of the Address Confidentiality for

 

 

HB5199- 27 -LRB103 38448 RLC 68584 b

1    Victims of Domestic Violence, Sexual Assault, Human
2    Trafficking, or Stalking Act.
3        (eee) Information prohibited from being disclosed
4    under subsection (b) of Section 75 of the Domestic
5    Violence Fatality Review Act.
6        (fff) Images from cameras under the Expressway Camera
7    Act. This subsection (fff) is inoperative on and after
8    July 1, 2025.
9        (ggg) Information prohibited from disclosure under
10    paragraph (3) of subsection (a) of Section 14 of the Nurse
11    Agency Licensing Act.
12        (hhh) Information submitted to the Illinois State
13    Police in an affidavit or application for an assault
14    weapon endorsement, assault weapon attachment endorsement,
15    .50 caliber rifle endorsement, or .50 caliber cartridge
16    endorsement under the Firearm Owners Identification Card
17    Act.
18        (iii) Data exempt from disclosure under Section 50 of
19    the School Safety Drill Act.
20        (jjj) (hhh) Information exempt from disclosure under
21    Section 30 of the Insurance Data Security Law.
22        (kkk) (iii) Confidential business information
23    prohibited from disclosure under Section 45 of the Paint
24    Stewardship Act.
25        (lll) (iii) Data exempt from disclosure under Section
26    2-3.196 of the School Code.

 

 

HB5199- 28 -LRB103 38448 RLC 68584 b

1        (mmm) (iii) Information prohibited from being
2    disclosed under subsection (e) of Section 1-129 of the
3    Illinois Power Agency Act.
4(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
5102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
68-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
7102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
86-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
9eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
10103-580, eff. 12-8-23; revised 1-2-24.)
 
11    Section 15. The Illinois TRUST Act is amended by changing
12Section 15 as follows:
 
13    (5 ILCS 805/15)
14    Sec. 15. Prohibition on enforcing federal civil
15immigration laws.
16    (a) A law enforcement agency or law enforcement official
17shall not detain or continue to detain any individual solely
18on the basis of any immigration detainer or civil immigration
19warrant or otherwise comply with an immigration detainer or
20civil immigration warrant.
21    (b) A law enforcement agency or law enforcement official
22shall not stop, arrest, search, detain, or continue to detain
23a person solely based on an individual's citizenship or
24immigration status.

 

 

HB5199- 29 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 30 -LRB103 38448 RLC 68584 b

1Code Sections 921 through 931.
2    (f) Unless otherwise limited by federal law, a law
3enforcement agency or law enforcement official may not deny
4services, benefits, privileges, or opportunities to an
5individual in custody or under probation status, including,
6but not limited to, eligibility for or placement in a lower
7custody classification, educational, rehabilitative, or
8diversionary programs, on the basis of the individual's
9citizenship or immigration status, the issuance of an
10immigration detainer or civil immigration warrant against the
11individual, or the individual being in immigration removal
12proceedings.
13    (g)(1) No law enforcement agency, law enforcement
14official, or any unit of State or local government may enter
15into or renew any contract, intergovernmental service
16agreement, or any other agreement to house or detain
17individuals for federal civil immigration violations.
18    (2) Any law enforcement agency, law enforcement official,
19or unit of State or local government with an existing
20contract, intergovernmental agreement, or other agreement,
21whether in whole or in part, that is utilized to house or
22detain individuals for civil immigration violations shall
23exercise the termination provision in the agreement as applied
24to housing or detaining individuals for civil immigration
25violations no later than January 1, 2022.
26    (h) Unless presented with a federal criminal warrant, or

 

 

HB5199- 31 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 32 -LRB103 38448 RLC 68584 b

1        (6) provide information in response to any immigration
2    agent's inquiry or request for information regarding any
3    individual in the agency's custody; or
4        (7) provide to any immigration agent information not
5    otherwise available to the public relating to an
6    individual's release or contact information, or otherwise
7    facilitate for an immigration agent to apprehend or
8    question an individual for immigration enforcement.
9    (i) Nothing in this Section shall preclude a law
10enforcement official from otherwise executing that official's
11duties in investigating violations of criminal law and
12cooperating in such investigations with federal and other law
13enforcement agencies (including criminal investigations
14conducted by federal Homeland Security Investigations (HSI))
15in order to ensure public safety.
16(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
 
17    Section 20. The Gun Trafficking Information Act is amended
18by changing Section 10-5 as follows:
 
19    (5 ILCS 830/10-5)
20    Sec. 10-5. Gun trafficking information.
21    (a) The Illinois State Police shall use all reasonable
22efforts, as allowed by State law and regulations, federal law
23and regulations, and executed Memoranda of Understanding
24between Illinois law enforcement agencies and the U.S. Bureau

 

 

HB5199- 33 -LRB103 38448 RLC 68584 b

1of Alcohol, Tobacco, Firearms and Explosives, in making
2publicly available, on a regular and ongoing basis, key
3information related to firearms used in the commission of
4crimes in this State, including, but not limited to: reports
5on crimes committed with firearms, locations where the crimes
6occurred, the number of persons killed or injured in the
7commission of the crimes, the state where the firearms used
8originated, the Federal Firearms Licensee that sold the
9firearm, the type of firearms used, if known, annual
10statistical information concerning Firearm Owner's
11Identification Card and concealed carry license applications,
12revocations, and compliance with Section 9.5 of the Firearm
13Owners Identification Card Act, the information required in
14the report or on the Illinois State Police's website under
15Section 85 of the Firearms Restraining Order Act, and firearm
16dealer license certification inspections. The Illinois State
17Police shall make the information available on its website,
18which may be presented in a dashboard format, in addition to
19electronically filing a report with the Governor and the
20General Assembly. The report to the General Assembly shall be
21filed with the Clerk of the House of Representatives and the
22Secretary of the Senate in electronic form only, in the manner
23that the Clerk and the Secretary shall direct.
24    (b) (Blank). The Illinois State Police shall study, on a
25regular and ongoing basis, and compile reports on the number
26of Firearm Owner's Identification Card checks to determine

 

 

HB5199- 34 -LRB103 38448 RLC 68584 b

1firearms trafficking or straw purchase patterns. The Illinois
2State Police shall, to the extent not inconsistent with law,
3share such reports and underlying data with academic centers,
4foundations, and law enforcement agencies studying firearms
5trafficking, provided that personally identifying information
6is protected. For purposes of this subsection (b), a Firearm
7Owner's Identification Card number is not personally
8identifying information, provided that no other personal
9information of the card holder is attached to the record. The
10Illinois State Police may create and attach an alternate
11unique identifying number to each Firearm Owner's
12Identification Card number, instead of releasing the Firearm
13Owner's Identification Card number itself.
14    (c) Each department, office, division, and agency of this
15State shall, to the extent not inconsistent with law,
16cooperate fully with the Illinois State Police and furnish the
17Illinois State Police with all relevant information and
18assistance on a timely basis as is necessary to accomplish the
19purpose of this Act. The Illinois Criminal Justice Information
20Authority shall submit the information required in subsection
21(a) of this Section to the Illinois State Police, and any other
22information as the Illinois State Police may request, to
23assist the Illinois State Police in carrying out its duties
24under this Act.
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 

 

 

HB5199- 35 -LRB103 38448 RLC 68584 b

1    Section 25. The First Responders Suicide Prevention Act is
2amended by changing Section 40 as follows:
 
3    (5 ILCS 840/40)
4    Sec. 40. Task Force recommendations.
5    (a) Task Force members shall recommend that agencies and
6organizations guarantee access to mental health and wellness
7services, including, but not limited to, peer support programs
8and providing ongoing education related to the ever-evolving
9concept of mental health wellness. These recommendations could
10be accomplished by:
11        (1) Revising agencies' and organizations' employee
12    assistance programs (EAPs).
13        (2) Urging health care providers to replace outdated
14    healthcare plans and include more progressive options
15    catering to the needs and disproportionate risks
16    shouldered by our first responders.
17        (3) Allocating funding or resources for public service
18    announcements (PSA) and messaging campaigns aimed at
19    raising awareness of available assistance options.
20        (4) Encouraging agencies and organizations to attach
21    lists of all available resources to training manuals and
22    continuing education requirements.
23    (b) Task Force members shall recommend agencies and
24organizations sponsor or facilitate first responders with

 

 

HB5199- 36 -LRB103 38448 RLC 68584 b

1specialized training in the areas of psychological fitness,
2depressive disorders, early detection, and mitigation best
3practices. Such trainings could be accomplished by:
4        (1) Assigning, appointing, or designating one member
5    of an agency or organization to attend specialized
6    training(s) sponsored by an accredited agency,
7    association, or organization recognized in their fields of
8    study.
9        (2) Seeking sponsorships or conducting fund-raisers,
10    to host annual or semiannual on-site visits from qualified
11    clinicians or physicians to provide early detection
12    training techniques, or to provide regular access to
13    mental health professionals.
14        (3) Requiring a minimum number of hours of disorders
15    and wellness training be incorporated into reoccurring,
16    annual or biannual training standards, examinations, and
17    curriculums, taking into close consideration respective
18    agency or organization size, frequency, and number of all
19    current federal and state mandatory examinations and
20    trainings expected respectively.
21        (4) Not underestimating the crucial importance of a
22    balanced diet, sleep, mindfulness-based stress reduction
23    techniques, moderate and vigorous intensity activities,
24    and recreational hobbies, which have been scientifically
25    proven to play a major role in brain health and mental
26    wellness.

 

 

HB5199- 37 -LRB103 38448 RLC 68584 b

1    (c) Task Force members shall recommend that administrators
2and leadership personnel solicit training services from
3evidence-based, data driven organizations. Organizations with
4personnel trained on the analytical review and interpretation
5of specific fields related to the nature of first responders'
6exploits, such as PTSD, substance abuse, chronic state of
7duress. Task Force members shall further recommend funding for
8expansion and messaging campaigns of preliminary
9self-diagnosing technologies like the one described above.
10These objectives could be met by:
11        (1) Contacting an accredited agency, association, or
12    organization recognized in the field or fields of specific
13    study. Unbeknownst to the majority, many of the agencies
14    and organizations listed above receive grants and
15    allocations to assist communities with the very issues
16    being discussed in this Section.
17        (2) Normalizing help-seeking behaviors for both first
18    responders and their families through regular messaging
19    and peer support outreach, beginning with academy
20    curricula and continuing education throughout individuals'
21    careers.
22        (3) Funding and implementing PSA campaigns that
23    provide clear and concise calls to action about mental
24    health and wellness, resiliency, help-seeking, treatment,
25    and recovery.
26        (4) Promoting and raising awareness of not-for-profit

 

 

HB5199- 38 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 39 -LRB103 38448 RLC 68584 b

1    training into already existing exiting statewide
2    curriculums and mandatory examinations, annual State Fire
3    Marshal examinations, and physical fitness examinations.
4    The subject matter of the certificate should have an
5    emphasis on mental health and wellness, as well as
6    familiarization with topics ranging from clinical social
7    work, clinical psychology, clinical behaviorist, and
8    clinical psychiatry.
9        (4) Incorporating and performing statewide mental
10    health check-ins during the same times as already mandated
11    trainings. These checks are not to be compared or used as
12    measures of fitness for duty evaluations or structured
13    psychological examinations.
14        (5) Recommending comprehensive and evidence-based
15    training on the importance of preventative measures on the
16    topics of sleep, nutrition, mindfulness, and physical
17    movement.
18        (6) (Blank). Law enforcement agencies should provide
19    training on the Firearm Owner's Identification Card Act,
20    including seeking relief from the Illinois State Police
21    under Section 10 of the Firearm Owners Identification Card
22    Act and a FOID card being a continued condition of
23    employment under Section 7.2 of the Uniform Peace
24    Officers' Disciplinary Act.
25(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;
26revised 1-20-24.)
 

 

 

HB5199- 40 -LRB103 38448 RLC 68584 b

1    Section 30. The Department of Natural Resources
2(Conservation) Law of the Civil Administrative Code of
3Illinois is amended by changing Section 805-538 as follows:
 
4    (20 ILCS 805/805-538)
5    Sec. 805-538. Retiring officer; purchase of service
6firearm and police badge. The Director of Natural Resources
7shall establish a program to allow a Conservation Police
8Officer who is honorably retiring in good standing to purchase
9either one or both of the following: (1) any Department of
10Natural Resources police badge previously issued to that
11officer; or (2) if the officer has a currently valid Firearm
12Owner's Identification Card, the service firearm issued or
13previously issued to the officer by the Department of Natural
14Resources. The cost of the firearm shall be the replacement
15value of the firearm and not the firearm's fair market value.
16(Source: P.A. 100-931, eff. 8-17-18.)
 
17    Section 35. The Department of Revenue Law of the Civil
18Administrative Code of Illinois is amended by changing Section
192505-306 as follows:
 
20    (20 ILCS 2505/2505-306)
21    Sec. 2505-306. Retiring investigators; purchase of service
22firearm and badge. The Director shall establish a program to

 

 

HB5199- 41 -LRB103 38448 RLC 68584 b

1allow a Department investigator who is honorably retiring in
2good standing to purchase either one or both of the following:
3(1) any badge previously issued to the investigator by the
4Department; or (2) if the investigator has a currently valid
5Firearm Owner's Identification Card, the service firearm
6issued or previously issued to the investigator by the
7Department. The cost of the firearm shall be the replacement
8value of the firearm and not the firearm's fair market value.
9(Source: P.A. 102-719, eff. 5-6-22.)
 
10    Section 40. The Illinois State Police Law of the Civil
11Administrative Code of Illinois is amended by changing
12Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as
13follows:
 
14    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
15    Sec. 2605-10. Powers and duties, generally.
16    (a) The Illinois State Police shall exercise the rights,
17powers, and duties that have been vested in the Illinois State
18Police by the following:
19        The Illinois State Police Act.
20        The Illinois State Police Radio Act.
21        The Criminal Identification Act.
22        The Illinois Vehicle Code.
23        The Firearm Owners Identification Card Act.
24        The Firearm Concealed Carry Act.

 

 

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1        The Firearm Dealer License Certification Act.
2        The Intergovernmental Missing Child Recovery Act of
3    1984.
4        The Intergovernmental Drug Laws Enforcement Act.
5        The Narcotic Control Division Abolition Act.
6        The Illinois Uniform Conviction Information Act.
7        The Murderer and Violent Offender Against Youth
8    Registration Act.
9    (b) The Illinois State Police shall have the powers and
10duties set forth in the following Sections.
11    (c) The Illinois State Police shall exercise the rights,
12powers, and duties vested in the Illinois State Police to
13implement the following protective service functions for State
14facilities, State officials, and State employees serving in
15their official capacity:
16        (1) Utilize subject matter expertise and law
17    enforcement authority to strengthen the protection of
18    State government facilities, State employees, State
19    officials, and State critical infrastructure.
20        (2) Coordinate State, federal, and local law
21    enforcement activities involving the protection of State
22    facilities, officials, and employees.
23        (3) Conduct investigations of criminal threats to
24    State facilities, State critical infrastructure, State
25    officials, and State employees.
26        (4) Train State officials and employees in personal

 

 

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1    protection, crime prevention, facility occupant emergency
2    planning, and incident management.
3        (5) Establish standard protocols for prevention and
4    response to criminal threats to State facilities, State
5    officials, State employees, and State critical
6    infrastructure and standard protocols for reporting of
7    suspicious activities.
8        (6) Establish minimum operational standards,
9    qualifications, training, and compliance requirements for
10    State employees and contractors engaged in the protection
11    of State facilities and employees.
12        (7) At the request of departments or agencies of State
13    government, conduct security assessments, including, but
14    not limited to, examination of alarm systems, cameras
15    systems, access points, personnel readiness, and emergency
16    protocols based on risk and need.
17        (8) Oversee the planning and implementation of
18    security and law enforcement activities necessary for the
19    protection of major, multi-jurisdictional events
20    implicating potential criminal threats to State officials,
21    State employees, or State-owned, State-leased, or
22    State-operated critical infrastructure or facilities.
23        (9) Oversee and direct the planning and implementation
24    of security and law enforcement activities by the
25    departments and agencies of the State necessary for the
26    protection of State employees, State officials, and

 

 

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1    State-owned, State-leased, or State-operated critical
2    infrastructure or facilities from criminal activity.
3        (10) Advise the Governor and Homeland Security Advisor
4    on any matters necessary for the effective protection of
5    State facilities, critical infrastructure, officials, and
6    employees from criminal threats.
7        (11) Utilize intergovernmental agreements and
8    administrative rules as needed for the effective,
9    efficient implementation of law enforcement and support
10    activities necessary for the protection of State
11    facilities, State infrastructure, State employees, and,
12    upon the express written consent of State constitutional
13    officials, State constitutional officials.
14(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
15103-564, eff. 11-17-23.)
 
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 provide administrative and technical
19services and support to the Illinois State Police, criminal
20justice agencies, and the public and shall exercise the
21following functions:
22        (1) Operate and maintain the Law Enforcement Agencies
23    Data System (LEADS), a statewide, computerized
24    telecommunications system designed to provide services,
25    information, and capabilities to the law enforcement and

 

 

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

 

 

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1    the Firearm Transfer Inquiry Program, the prohibited
2    persons portal under Section 2605-304, and the Firearm
3    Dealer License Certification Act.
4        (7) Exercise other duties that may be assigned by the
5    Director to fulfill the responsibilities and achieve the
6    purposes of the Illinois State Police.
7        (8) Exercise the rights, powers, and duties vested by
8    law in the Illinois State Police by the Criminal
9    Identification Act and the Illinois Uniform Conviction
10    Information Act.
11        (9) Exercise the powers and perform the duties that
12    have been vested in the Illinois State Police by the
13    Murderer and Violent Offender Against Youth Registration
14    Act, the Sex Offender Registration Act, and the Sex
15    Offender Community Notification Law and adopt reasonable
16    rules necessitated thereby.
17        (10) Serve as the State central repository for
18    criminal history record information.
19        (11) Share all necessary information with the
20    Concealed Carry Licensing Review Board and the Firearms
21    Owner's Identification Card Review Board necessary for the
22    execution of their duties.
23(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
 
24    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
25    Sec. 2605-200. Investigations of crime; enforcement of

 

 

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

 

 

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

 

 

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1(a) within the Illinois State Police are conservators of the
2peace and as such have all the powers possessed by policemen in
3cities and sheriffs, except that they may exercise those
4powers anywhere in the State in cooperation with and after
5contact with the local law enforcement officials. Those
6persons may use false or fictitious names in the performance
7of their duties under this Section, upon approval of the
8Director, and shall not be subject to prosecution under the
9criminal laws for that use.
10(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
 
11    (20 ILCS 2605/2605-595)
12    Sec. 2605-595. State Police Firearm Services Fund.
13    (a) There is created in the State treasury a special fund
14known as the State Police Firearm Services Fund. The Fund
15shall receive revenue under the Firearm Concealed Carry Act
16and , the Firearm Dealer License Certification Act, and
17Section 5 of the Firearm Owners Identification Card Act. The
18Fund may also receive revenue from grants, pass-through
19grants, donations, appropriations, and any other legal source.
20    (a-5) (Blank).
21    (b) The Illinois State Police may use moneys in the Fund to
22finance any of its lawful purposes, mandates, functions, and
23duties under the Firearm Owners Identification Card Act, the
24Firearm Dealer License Certification Act, and the Firearm
25Concealed Carry Act, including the cost of sending notices of

 

 

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1expiration of Firearm Owner's Identification Cards, concealed
2carry licenses, the prompt and efficient processing of
3applications under the Firearm Owners Identification Card Act
4and the Firearm Concealed Carry Act, the improved efficiency
5and reporting of the LEADS and federal NICS law enforcement
6data systems, and support for investigations required under
7these Acts and law. Any surplus funds beyond what is needed to
8comply with the aforementioned purposes shall be used by the
9Illinois State Police to improve the Law Enforcement Agencies
10Data System (LEADS) and criminal history background check
11system.
12    (c) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
15(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
16103-363, eff. 7-28-23.)
 
17    (20 ILCS 2605/2605-605)
18    Sec. 2605-605. Violent Crime Intelligence Task Force. The
19Director of the Illinois State Police shall establish a
20statewide multi-jurisdictional Violent Crime Intelligence Task
21Force led by the Illinois State Police dedicated to combating
22gun violence, gun-trafficking, and other violent crime with
23the primary mission of preservation of life and reducing the
24occurrence and the fear of crime. The objectives of the Task
25Force shall include, but not be limited to, reducing and

 

 

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

 

 

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

 

 

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19.5 of the Firearm Owners Identification Card Act,
2prioritizing individuals presenting a clear and present danger
3to themselves or to others under paragraph (2) of subsection
4(d) of Section 8.1 of the Firearm Owners Identification Card
5Act.
6    (8) The Task Force shall collaborate with local law
7enforcement agencies to enforce provisions of the Firearm
8Owners Identification Card Act, the Firearm Concealed Carry
9Act, the Firearm Dealer License Certification Act, and Article
1024 of the Criminal Code of 2012.
11    (9) To implement this Section, the Director of the
12Illinois State Police may establish intergovernmental
13agreements with law enforcement agencies in accordance with
14the Intergovernmental Cooperation Act.
15    (10) Law enforcement agencies that participate in
16activities described in paragraphs (7) through (9) may apply
17to the Illinois State Police for grants from the State Police
18Revocation Enforcement Fund.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    (20 ILCS 2605/2605-304 rep.)
22    (20 ILCS 2605/2605-610 rep.)
23    Section 45. The Illinois State Police Law of the Civil
24Administrative Code of Illinois is amended by repealing
25Sections 2605-304 and 2605-610.
 

 

 

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1    Section 50. The Illinois State Police Act is amended by
2changing Section 17b as follows:
 
3    (20 ILCS 2610/17b)
4    Sec. 17b. Retiring officer; purchase of service firearm
5and police badge. The Director of the Illinois State Police
6shall establish a policy to allow a State Police officer who is
7honorably retiring or separating in good standing to purchase
8either one or both of the following: (i) any State Police badge
9previously issued to that officer; or (ii) if the officer has a
10currently valid Firearm Owner's Identification Card, the
11service firearm issued or previously issued to the officer by
12the Illinois State Police. The cost of the firearm purchased
13shall be the replacement value of the firearm and not the
14firearm's fair market value.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    Section 55. The Criminal Identification Act is amended by
17changing Section 2.2 as follows:
 
18    (20 ILCS 2630/2.2)
19    Sec. 2.2. Notification to the Illinois State Police. Upon
20judgment of conviction of a violation of Section 12-1, 12-2,
2112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
22the Criminal Code of 2012 when the defendant has been

 

 

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1determined, pursuant to Section 112A-11.1 of the Code of
2Criminal Procedure of 1963, to be subject to the prohibitions
3of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
4notification and a copy of the written determination in a
5report of the conviction to the Illinois State Police Firearm
6Owner's Identification Card Office to enable the Illinois
7State Police office to perform its duties under the Firearm
8Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
9Identification Card Act and to report that determination to
10the Federal Bureau of Investigation to assist the Federal
11Bureau of Investigation in identifying persons prohibited from
12purchasing and possessing a firearm pursuant to the provisions
13of 18 U.S.C. 922. The written determination described in this
14Section shall be included in the defendant's record of arrest
15and conviction in the manner and form prescribed by the
16Illinois State Police.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 60. The Peace Officer Fire Investigation Act is
19amended by changing Section 1 as follows:
 
20    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
21    Sec. 1. Peace officer status.
22    (a) Any person who is a sworn member of any organized and
23paid fire department of a political subdivision of this State
24and is authorized to investigate fires or explosions for such

 

 

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

 

 

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

 

 

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

 

 

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1any badge previously issued to that State Fire Marshal Arson
2Investigator Special Agent; or (ii) if the State Fire Marshal
3Arson Investigator Special Agent has a currently valid Firearm
4Owner's Identification Card, the service firearm issued or
5previously issued to the State Fire Marshal Arson Investigator
6Special Agent by the Office of the State Fire Marshal. The cost
7of the firearm purchased shall be the replacement value of the
8firearm and not the firearm's fair market value. All funds
9received by the agency under this program shall be deposited
10into the Fire Prevention Fund.
11(Source: P.A. 102-982, eff. 7-1-23.)
 
12    Section 65. The Illinois Criminal Justice Information Act
13is amended by changing Section 7.9 as follows:
 
14    (20 ILCS 3930/7.9)
15    (Section scheduled to be repealed on July 1, 2027)
16    Sec. 7.9. Firearm Prohibitors and Records Improvement Task
17Force.
18    (a) As used in this Section, "firearms prohibitor" means
19any factor listed in Section 4 of the Firearm Owners
20Identification Card Act or Section 24-3 or 24-3.1 of the
21Criminal Code of 2012 that prohibits a person from
22transferring or possessing a firearm, firearm ammunition,
23Firearm Owner's Identification Card, or concealed carry
24license.

 

 

HB5199- 60 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 61 -LRB103 38448 RLC 68584 b

1        (3) the Secretary of Human Services, or his or her
2    designee;
3        (4) the Director of Corrections, or his or her
4    designee;
5        (5) the Attorney General, or his or her designee;
6        (6) the Director of the Administrative Office of the
7    Illinois Courts, or his or her designee;
8        (7) a representative of an association representing
9    circuit clerks appointed by the President of the Senate;
10        (8) a representative of an association representing
11    sheriffs appointed by the House Minority Leader;
12        (9) a representative of an association representing
13    State's Attorneys appointed by the House Minority Leader;
14        (10) a representative of an association representing
15    chiefs of police appointed by the Senate Minority Leader;
16        (11) a representative of an association representing
17    hospitals appointed by the Speaker of the House of
18    Representatives;
19        (12) a representative of an association representing
20    counties appointed by the President of the Senate; and
21        (13) a representative of an association representing
22    municipalities appointed by the Speaker of the House of
23    Representatives.
24    (c) The Illinois Criminal Justice Information Authority
25shall provide administrative and other support to the Task
26Force. The Illinois State Police Division of Justice Services

 

 

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1shall also provide support to the Illinois Criminal Justice
2Information Authority and the Task Force.
3    (d) The Task Force may meet in person or virtually and
4shall issue a written report of its findings and
5recommendations to General Assembly on or before July 1, 2022.
6The Task Force shall issue an annual report, which shall
7include information on the state of FOID data, including a
8review of previous activity by the Task Force to close
9previously identified gaps; identifying known (or new) gaps; a
10proposal of policy and practice recommendations to close those
11gaps; and a preview of expected activities of the Task Force
12for the coming year.
13    (e) Within 60 days of the effective date of this
14amendatory Act of the 102nd General Assembly, the Chair shall
15establish the Task Force.
16    (f) This Section is repealed on July 1, 2027.
17(Source: P.A. 102-237, eff. 1-1-22.)
 
18    Section 70. The State Finance Act is amended by changing
19Sections 6z-99 and 6z-127 as follows:
 
20    (30 ILCS 105/6z-99)
21    Sec. 6z-99. The Mental Health Reporting Fund.
22    (a) There is created in the State treasury a special fund
23known as the Mental Health Reporting Fund. The Fund shall
24receive revenue under the Firearm Concealed Carry Act. The

 

 

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1Fund may also receive revenue from grants, pass-through
2grants, donations, appropriations, and any other legal source.
3    (b) The Illinois State Police and Department of Human
4Services shall coordinate to use moneys in the Fund to finance
5their respective duties of collecting and reporting data on
6mental health records and ensuring that mental health firearm
7possession prohibitors are enforced as set forth under the
8Firearm Concealed Carry Act and the Firearm Owners
9Identification Card Act. Any surplus in the Fund beyond what
10is necessary to ensure compliance with mental health reporting
11under that Act these Acts shall be used by the Department of
12Human Services for mental health treatment programs as
13follows: (1) 50% shall be used to fund community-based mental
14health programs aimed at reducing gun violence, community
15integration and education, or mental health awareness and
16prevention, including administrative costs; and (2) 50% shall
17be used to award grants that use and promote the National
18School Mental Health Curriculum model for school-based mental
19health support, integration, and services.
20    (c) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (30 ILCS 105/6z-127)

 

 

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1    Sec. 6z-127. State Police Revocation Enforcement Fund.
2    (a) The State Police Revocation Enforcement Fund is
3established as a special fund in the State treasury. This Fund
4is established to receive moneys from the Firearm Owners
5Identification Card Act to enforce that Act, the Firearm
6Concealed Carry Act, Article 24 of the Criminal Code of 2012,
7and other firearm offenses. The Fund may also receive revenue
8from grants, donations, appropriations, and any other legal
9source.
10    (b) The Illinois State Police may use moneys from the Fund
11to establish task forces and, if necessary, include other law
12enforcement agencies, under intergovernmental contracts
13written and executed in conformity with the Intergovernmental
14Cooperation Act.
15    (c) The Illinois State Police may use moneys in the Fund to
16hire and train State Police officers and for the prevention of
17violent crime.
18    (d) The State Police Revocation Enforcement Fund is not
19subject to administrative chargebacks.
20    (e) (Blank). Law enforcement agencies that participate in
21Firearm Owner's Identification Card revocation enforcement in
22the Violent Crime Intelligence Task Force may apply for grants
23from the Illinois State Police.
24    (f) Any surplus in the Fund beyond what is necessary to
25ensure compliance with subsections (a) through (e) or moneys
26that are specifically appropriated for those purposes shall be

 

 

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1used by the Illinois State Police to award grants to assist
2with the data reporting requirements of the Gun Trafficking
3Information Act.
4(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
5103-34, eff. 6-9-23.)
 
6    Section 75. 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,

 

 

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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

 

 

HB5199- 68 -LRB103 38448 RLC 68584 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.

 

 

HB5199- 69 -LRB103 38448 RLC 68584 b

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.

 

 

HB5199- 70 -LRB103 38448 RLC 68584 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

 

 

HB5199- 71 -LRB103 38448 RLC 68584 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

 

 

HB5199- 72 -LRB103 38448 RLC 68584 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

 

 

HB5199- 73 -LRB103 38448 RLC 68584 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 Illinois Uniform Conviction Information Act, and
18    the Gun Trafficking Information Act, or establish or
19    maintain record management systems necessary to conduct
20    human trafficking investigations or gun trafficking or
21    other stolen firearm investigations. This paragraph (21)
22    applies to contracts entered into on or after January 10,
23    2023 (the effective date of Public Act 102-1116) and the
24    renewal of contracts that are in effect on January 10,
25    2023 (the effective date of Public Act 102-1116).
26        (22) Contracts for project management services and

 

 

HB5199- 74 -LRB103 38448 RLC 68584 b

1    system integration services required for the completion of
2    the State's enterprise resource planning project. This
3    exemption becomes inoperative 5 years after June 7, 2023
4    (the effective date of the changes made to this Section by
5    Public Act 103-8). This paragraph (22) applies to
6    contracts entered into on or after June 7, 2023 (the
7    effective date of the changes made to this Section by
8    Public Act 103-8) and the renewal of contracts that are in
9    effect on June 7, 2023 (the effective date of the changes
10    made to this Section by Public Act 103-8).
11        (23) Procurements necessary for the Department of
12    Insurance to implement the Illinois Health Benefits
13    Exchange Law if the Department of Insurance has made a
14    good faith determination that it is necessary and
15    appropriate for the expenditure to fall within this
16    exemption. The procurement process shall be conducted in a
17    manner substantially in accordance with the requirements
18    of Sections 20-160 and 25-60 and Article 50 of this Code. A
19    copy of these contracts shall be made available to the
20    Chief Procurement Officer immediately upon request. This
21    paragraph is inoperative 5 years after June 27, 2023 (the
22    effective date of Public Act 103-103).
23        (24) (22) Contracts for public education programming,
24    noncommercial sustaining announcements, public service
25    announcements, and public awareness and education
26    messaging with the nonprofit trade associations of the

 

 

HB5199- 75 -LRB103 38448 RLC 68584 b

1    providers of those services that inform the public on
2    immediate and ongoing health and safety risks and hazards.
3    Notwithstanding any other provision of law, for contracts
4with an annual value of more than $100,000 entered into on or
5after October 1, 2017 under an exemption provided in any
6paragraph of this subsection (b), except paragraph (1), (2),
7or (5), each State agency shall post to the appropriate
8procurement bulletin the name of the contractor, a description
9of the supply or service provided, the total amount of the
10contract, the term of the contract, and the exception to the
11Code utilized. The chief procurement officer shall submit a
12report to the Governor and General Assembly no later than
13November 1 of each year that shall include, at a minimum, an
14annual summary of the monthly information reported to the
15chief procurement officer.
16    (c) This Code does not apply to the electric power
17procurement process provided for under Section 1-75 of the
18Illinois Power Agency Act and Section 16-111.5 of the Public
19Utilities Act. This Code does not apply to the procurement of
20technical and policy experts pursuant to Section 1-129 of the
21Illinois Power Agency Act.
22    (d) Except for Section 20-160 and Article 50 of this Code,
23and as expressly required by Section 9.1 of the Illinois
24Lottery Law, the provisions of this Code do not apply to the
25procurement process provided for under Section 9.1 of the
26Illinois Lottery Law.

 

 

HB5199- 76 -LRB103 38448 RLC 68584 b

1    (e) This Code does not apply to the process used by the
2Capital Development Board to retain a person or entity to
3assist the Capital Development Board with its duties related
4to the determination of costs of a clean coal SNG brownfield
5facility, as defined by Section 1-10 of the Illinois Power
6Agency Act, as required in subsection (h-3) of Section 9-220
7of the Public Utilities Act, including calculating the range
8of capital costs, the range of operating and maintenance
9costs, or the sequestration costs or monitoring the
10construction of clean coal SNG brownfield facility for the
11full duration of construction.
12    (f) (Blank).
13    (g) (Blank).
14    (h) This Code does not apply to the process to procure or
15contracts entered into in accordance with Sections 11-5.2 and
1611-5.3 of the Illinois Public Aid Code.
17    (i) Each chief procurement officer may access records
18necessary to review whether a contract, purchase, or other
19expenditure is or is not subject to the provisions of this
20Code, unless such records would be subject to attorney-client
21privilege.
22    (j) This Code does not apply to the process used by the
23Capital Development Board to retain an artist or work or works
24of art as required in Section 14 of the Capital Development
25Board Act.
26    (k) This Code does not apply to the process to procure

 

 

HB5199- 77 -LRB103 38448 RLC 68584 b

1contracts, or contracts entered into, by the State Board of
2Elections or the State Electoral Board for hearing officers
3appointed pursuant to the Election Code.
4    (l) This Code does not apply to the processes used by the
5Illinois Student Assistance Commission to procure supplies and
6services paid for from the private funds of the Illinois
7Prepaid Tuition Fund. As used in this subsection (l), "private
8funds" means funds derived from deposits paid into the
9Illinois Prepaid Tuition Trust Fund and the earnings thereon.
10    (m) This Code shall apply regardless of the source of
11funds with which contracts are paid, including federal
12assistance moneys. Except as specifically provided in this
13Code, this Code shall not apply to procurement expenditures
14necessary for the Department of Public Health to conduct the
15Healthy Illinois Survey in accordance with Section 2310-431 of
16the Department of Public Health Powers and Duties Law of the
17Civil Administrative Code of Illinois.
18(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
19102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
209-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
21102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
226-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
231-2-24.)
 
24    Section 80. The Intergovernmental Drug Laws Enforcement
25Act is amended by changing Section 3 as follows:
 

 

 

HB5199- 78 -LRB103 38448 RLC 68584 b

1    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
2    Sec. 3. A Metropolitan Enforcement Group which meets the
3minimum criteria established in this Section is eligible to
4receive State grants to help defray the costs of operation. To
5be eligible a MEG must:
6        (1) Be established and operating pursuant to
7    intergovernmental contracts written and executed in
8    conformity with the Intergovernmental Cooperation Act, and
9    involve 2 or more units of local government.
10        (2) Establish a MEG Policy Board composed of an
11    elected official, or his designee, and the chief law
12    enforcement officer, or his designee, from each
13    participating unit of local government to oversee the
14    operations of the MEG and make such reports to the
15    Illinois State Police as the Illinois State Police may
16    require.
17        (3) Designate a single appropriate elected official of
18    a participating unit of local government to act as the
19    financial officer of the MEG for all participating units
20    of local government and to receive funds for the operation
21    of the MEG.
22        (4) Limit its operations to enforcement of drug laws;
23    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
25    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

 

 

HB5199- 79 -LRB103 38448 RLC 68584 b

1    24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
2    of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm
3    Owners Identification Card Act; and the investigation of
4    streetgang related offenses.
5        (5) Cooperate with the Illinois State Police in order
6    to assure compliance with this Act and to enable the
7    Illinois State Police to fulfill its duties under this
8    Act, and supply the Illinois State Police with all
9    information the Illinois State Police deems necessary
10    therefor.
11        (6) Receive funding of at least 50% of the total
12    operating budget of the MEG from the participating units
13    of local government.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
16    Section 85. The Peace Officer Firearm Training Act is
17amended by changing Section 1 as follows:
 
18    (50 ILCS 710/1)  (from Ch. 85, par. 515)
19    Sec. 1. Definitions. As used in this Act:
20    (a) "Peace officer" means (i) any person who by virtue of
21his office or public employment is vested by law with a primary
22duty to maintain public order or to make arrests for offenses,
23whether that duty extends to all offenses or is limited to
24specific offenses, and who is employed in such capacity by any

 

 

HB5199- 80 -LRB103 38448 RLC 68584 b

1county or municipality or (ii) any retired law enforcement
2officers qualified under federal law to carry a concealed
3weapon.
4    (a-5) "Probation officer" means a county probation officer
5authorized by the Chief Judge of the Circuit Court to carry a
6firearm as part of his or her duties under Section 12 of the
7Probation and Probation Officers Act and Section 24-2 of the
8Criminal Code of 2012.
9    (b) "Firearms" means any weapon or device defined as a
10firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
11"An Act relating to the acquisition, possession and transfer
12of firearms and firearm ammunition, to provide a penalty for
13the violation thereof and to make an appropriation in
14connection therewith", approved August 3, 1967, as amended.
15(Source: P.A. 98-725, eff. 1-1-15.)
 
16    (50 ILCS 725/7.2 rep.)
17    Section 90. The Uniform Peace Officers' Disciplinary Act
18is amended by repealing Section 7.2.
 
19    Section 95. The Counties Code is amended by changing
20Section 3-6042 as follows:
 
21    (55 ILCS 5/3-6042)
22    Sec. 3-6042. Retiring employee; purchase of service
23firearm and badge. Each Sheriff shall establish a program to

 

 

HB5199- 81 -LRB103 38448 RLC 68584 b

1allow an employee of the Sheriff's Department who is honorably
2retiring in good standing to purchase either one or both of the
3following: (1) any badge previously issued to the employee by
4the Sheriff's Department; or (2) if the employee has a
5currently valid Firearm Owner's Identification Card, the
6service firearm issued or previously issued to the employee by
7the Sheriff's Department. The badge must be permanently and
8conspicuously marked in such a manner that the individual who
9possesses the badge is not mistaken for an actively serving
10law enforcement officer. The cost of the firearm shall be the
11replacement value of the firearm and not the firearm's fair
12market value.
13(Source: P.A. 102-719, eff. 5-6-22.)
 
14    Section 100. The School Code is amended by changing
15Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    (Text of Section before amendment by P.A. 102-466)
18    Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20    (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, pursuant to subsection (b-20)
23of this Section, and no action shall lie against them for such
24expulsion. Expulsion shall take place only after the parents

 

 

HB5199- 82 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 83 -LRB103 38448 RLC 68584 b

1school bus from riding the school bus, pursuant to subsections
2(b-15) and (b-20) of this Section, and no action shall lie
3against them for such suspension. The board may by policy
4authorize the superintendent of the district or the principal,
5assistant principal, or dean of students of any school to
6suspend pupils guilty of such acts for a period not to exceed
710 school days. If a pupil is suspended due to gross
8disobedience or misconduct on a school bus, the board may
9suspend the pupil in excess of 10 school days for safety
10reasons.
11    Any suspension shall be reported immediately to the
12parents or guardian of a pupil along with a full statement of
13the reasons for such suspension and a notice of their right to
14a review. The school board must be given a summary of the
15notice, including the reason for the suspension and the
16suspension length. Upon request of the parents or guardian,
17the school board or a hearing officer appointed by it shall
18review such action of the superintendent or principal,
19assistant principal, or dean of students. At such review, the
20parents or guardian of the pupil may appear and discuss the
21suspension with the board or its hearing officer. If a hearing
22officer is appointed by the board, he shall report to the board
23a written summary of the evidence heard at the meeting. After
24its hearing or upon receipt of the written report of its
25hearing officer, the board may take such action as it finds
26appropriate. If a student is suspended pursuant to this

 

 

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

 

 

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

 

 

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

 

 

HB5199- 87 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 88 -LRB103 38448 RLC 68584 b

1        (1) A firearm. For the purposes of this Section,
2    "firearm" means any gun, rifle, shotgun, weapon as defined
3    by Section 921 of Title 18 of the United States Code,
4    firearm as defined in Section 2-7.5 1.1 of the Firearm
5    Owners Identification Card Act, or firearm as defined in
6    Section 24-1 of the Criminal Code of 2012. The expulsion
7    period under this subdivision (1) may be modified by the
8    superintendent, and the superintendent's determination may
9    be modified by the board on a case-by-case basis.
10        (2) A knife, brass knuckles or other knuckle weapon
11    regardless of its composition, a billy club, or any other
12    object if used or attempted to be used to cause bodily
13    harm, including "look alikes" of any firearm as defined in
14    subdivision (1) of this subsection (d). The expulsion
15    requirement under this subdivision (2) may be modified by
16    the superintendent, and the superintendent's determination
17    may be modified by the board on a case-by-case basis.
18Expulsion or suspension shall be construed in a manner
19consistent with the federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code.
24    (d-5) The board may suspend or by regulation authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend a

 

 

HB5199- 89 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 90 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 91 -LRB103 38448 RLC 68584 b

1disciplinary consequence, though this shall not preclude
2requiring a student to provide restitution for lost, stolen,
3or damaged property.
4    (j) Subsections (a) through (i) of this Section shall
5apply to elementary and secondary schools, charter schools,
6special charter districts, and school districts organized
7under Article 34 of this Code.
8    (k) The expulsion of children enrolled in programs funded
9under Section 1C-2 of this Code is subject to the requirements
10under paragraph (7) of subsection (a) of Section 2-3.71 of
11this Code.
12    (l) Beginning with the 2018-2019 school year, an in-school
13suspension program provided by a school district for any
14students in kindergarten through grade 12 may focus on
15promoting non-violent conflict resolution and positive
16interaction with other students and school personnel. A school
17district may employ a school social worker or a licensed
18mental health professional to oversee an in-school suspension
19program in kindergarten through grade 12.
20(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    (Text of Section after amendment by P.A. 102-466)
23    Sec. 10-22.6. Suspension or expulsion of pupils; school
24searches.
25    (a) To expel pupils guilty of gross disobedience or

 

 

HB5199- 92 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 93 -LRB103 38448 RLC 68584 b

1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend pupils
3guilty of gross disobedience or misconduct, or to suspend
4pupils guilty of gross disobedience or misconduct on the
5school bus from riding the school bus, pursuant to subsections
6(b-15) and (b-20) of this Section, and no action shall lie
7against them for such suspension. The board may by policy
8authorize the superintendent of the district or the principal,
9assistant principal, or dean of students of any school to
10suspend pupils guilty of such acts for a period not to exceed
1110 school days. If a pupil is suspended due to gross
12disobedience or misconduct on a school bus, the board may
13suspend the pupil in excess of 10 school days for safety
14reasons.
15    Any suspension shall be reported immediately to the
16parents or guardians of a pupil along with a full statement of
17the reasons for such suspension and a notice of their right to
18a review. The school board must be given a summary of the
19notice, including the reason for the suspension and the
20suspension length. Upon request of the parents or guardians,
21the school board or a hearing officer appointed by it shall
22review such action of the superintendent or principal,
23assistant principal, or dean of students. At such review, the
24parents or guardians of the pupil may appear and discuss the
25suspension with the board or its hearing officer. If a hearing
26officer is appointed by the board, he shall report to the board

 

 

HB5199- 94 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 95 -LRB103 38448 RLC 68584 b

1    (b-10) Unless otherwise required by federal law or this
2Code, school boards may not institute zero-tolerance policies
3by which school administrators are required to suspend or
4expel students for particular behaviors.
5    (b-15) Out-of-school suspensions of 3 days or less may be
6used only if the student's continuing presence in school would
7pose a threat to school safety or a disruption to other
8students' learning opportunities. For purposes of this
9subsection (b-15), "threat to school safety or a disruption to
10other students' learning opportunities" shall be determined on
11a case-by-case basis by the school board or its designee.
12School officials shall make all reasonable efforts to resolve
13such threats, address such disruptions, and minimize the
14length of suspensions to the greatest extent practicable.
15    (b-20) Unless otherwise required by this Code,
16out-of-school suspensions of longer than 3 days, expulsions,
17and disciplinary removals to alternative schools may be used
18only if other appropriate and available behavioral and
19disciplinary interventions have been exhausted and the
20student's continuing presence in school would either (i) pose
21a threat to the safety of other students, staff, or members of
22the school community or (ii) substantially disrupt, impede, or
23interfere with the operation of the school. For purposes of
24this subsection (b-20), "threat to the safety of other
25students, staff, or members of the school community" and
26"substantially disrupt, impede, or interfere with the

 

 

HB5199- 96 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 97 -LRB103 38448 RLC 68584 b

1expelled, or returning from an alternative school setting.
2    (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7parents or guardians to notify school officials that a pupil
8suspended from the school bus does not have alternate
9transportation to school.
10    (b-35) In all suspension review hearings conducted under
11subsection (b) or expulsion hearings conducted under
12subsection (a), a student may disclose any factor to be
13considered in mitigation, including his or her status as a
14parent, expectant parent, or victim of domestic or sexual
15violence, as defined in Article 26A. A representative of the
16parent's or guardian's choice, or of the student's choice if
17emancipated, must be permitted to represent the student
18throughout the proceedings and to address the school board or
19its appointed hearing officer. With the approval of the
20student's parent or guardian, or of the student if
21emancipated, a support person must be permitted to accompany
22the student to any disciplinary hearings or proceedings. The
23representative or support person must comply with any rules of
24the school district's hearing process. If the representative
25or support person violates the rules or engages in behavior or
26advocacy that harasses, abuses, or intimidates either party, a

 

 

HB5199- 98 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 99 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 100 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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

 

 

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1    (k) The expulsion of children enrolled in programs funded
2under Section 1C-2 of this Code is subject to the requirements
3under paragraph (7) of subsection (a) of Section 2-3.71 of
4this Code.
5    (l) Beginning with the 2018-2019 school year, an in-school
6suspension program provided by a school district for any
7students in kindergarten through grade 12 may focus on
8promoting non-violent conflict resolution and positive
9interaction with other students and school personnel. A school
10district may employ a school social worker or a licensed
11mental health professional to oversee an in-school suspension
12program in kindergarten through grade 12.
13(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
14102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
15    (105 ILCS 5/10-27.1A)
16    Sec. 10-27.1A. Firearms in schools.
17    (a) All school officials, including teachers, school
18counselors, and support staff, shall immediately notify the
19office of the principal in the event that they observe any
20person in possession of a firearm on school grounds; provided
21that taking such immediate action to notify the office of the
22principal would not immediately endanger the health, safety,
23or welfare of students who are under the direct supervision of
24the school official or the school official. If the health,
25safety, or welfare of students under the direct supervision of

 

 

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

 

 

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1result of making the reports. Knowingly and willfully failing
2to comply with this Section is a petty offense. A second or
3subsequent offense is a Class C misdemeanor. If the person
4found to be in possession of the firearm on school grounds is a
5minor, the law enforcement agency shall detain that minor
6until such time as the agency makes a determination pursuant
7to clause (a) of subsection (1) of Section 5-401 of the
8Juvenile Court Act of 1987, as to whether the agency
9reasonably believes that the minor is delinquent. If the law
10enforcement agency determines that probable cause exists to
11believe that the minor committed a violation of item (4) of
12subsection (a) of Section 24-1 of the Criminal Code of 2012
13while on school grounds, the agency shall detain the minor for
14processing pursuant to Section 5-407 of the Juvenile Court Act
15of 1987.
16    (c) Upon receipt of any written, electronic, or verbal
17report from any school personnel regarding a verified incident
18involving a firearm in a school or on school owned or leased
19property, including any conveyance owned, leased, or used by
20the school for the transport of students or school personnel,
21the superintendent or his or her designee shall report all
22such firearm-related incidents occurring in a school or on
23school property to the local law enforcement authorities
24immediately, who shall report to the Illinois State Police in
25a form, manner, and frequency as prescribed by the Illinois
26State Police.

 

 

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1    The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Illinois
4State Police. The State Board of Education shall compile this
5information by school district and make it available to the
6public.
7    (d) As used in this Section, the term "firearm" shall have
8the meaning ascribed to it in Section 2-7.5 of the Criminal
9Code of 2012 1.1 of the Firearm Owners Identification Card
10Act.
11    As used in this Section, the term "school" means any
12public or private elementary or secondary school.
13    As used in this Section, the term "school grounds"
14includes the real property comprising any school, any
15conveyance owned, leased, or contracted by a school to
16transport students to or from school or a school-related
17activity, or any public way within 1,000 feet of the real
18property comprising any school.
19(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
21    (105 ILCS 5/34-8.05)
22    Sec. 34-8.05. Reporting firearms in schools. On or after
23January 1, 1997, upon receipt of any written, electronic, or
24verbal report from any school personnel regarding a verified
25incident involving a firearm in a school or on school owned or

 

 

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1leased property, including any conveyance owned, leased, or
2used by the school for the transport of students or school
3personnel, the general superintendent or his or her designee
4shall report all such firearm-related incidents occurring in a
5school or on school property to the local law enforcement
6authorities no later than 24 hours after the occurrence of the
7incident and to the Illinois State Police in a form, manner,
8and frequency as prescribed by the Illinois State Police.
9    The State Board of Education shall receive an annual
10statistical compilation and related data associated with
11incidents involving firearms in schools from the Illinois
12State Police. As used in this Section, the term "firearm"
13shall have the meaning ascribed to it in Section 2-7.5 of the
14Criminal Code of 2012 1.1 of the Firearm Owners Identification
15Card Act.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    Section 105. The Illinois Explosives Act is amended by
18changing Section 2005 as follows:
 
19    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
20    Sec. 2005. Qualifications for licensure.
21    (a) No person shall qualify to hold a license who:
22        (1) is under 21 years of age;
23        (2) has been convicted in any court of a crime
24    punishable by imprisonment for a term exceeding one year;

 

 

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1        (3) is under indictment for a crime punishable by
2    imprisonment for a term exceeding one year;
3        (4) is a fugitive from justice;
4        (5) is an unlawful user of or addicted to any
5    controlled substance as defined in Section 102 of the
6    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
7    seq.);
8        (6) has been adjudicated a person with a mental
9    disability as defined in Section 6-103.1 of the Mental
10    Health and Developmental Disabilities Code 1.1 of the
11    Firearm Owners Identification Card Act; or
12        (7) is not a legal citizen of the United States or
13    lawfully admitted for permanent residence.
14    (b) A person who has been granted a "relief from
15disabilities" regarding criminal convictions and indictments,
16pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
17845) may receive a license provided all other qualifications
18under this Act are met.
19(Source: P.A. 101-541, eff. 8-23-19.)
 
20    Section 110. The Private Detective, Private Alarm, Private
21Security, and Locksmith Act of 2004 is amended by changing
22Sections 35-30 and 35-35 as follows:
 
23    (225 ILCS 447/35-30)
24    (Section scheduled to be repealed on January 1, 2029)

 

 

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1    Sec. 35-30. Employee requirements. All employees of a
2licensed agency, other than those exempted, shall apply for a
3permanent employee registration card. The holder of an agency
4license issued under this Act, known in this Section as
5"employer", may employ in the conduct of the employer's
6business employees under the following provisions:
7    (a) No person shall be issued a permanent employee
8registration card who:
9        (1) Is younger than 18 years of age.
10        (2) Is younger than 21 years of age if the services
11    will include being armed.
12        (3) Has been determined by the Department to be unfit
13    by reason of conviction of an offense in this or another
14    state, including registration as a sex offender, but not
15    including a traffic offense. Persons convicted of felonies
16    involving bodily harm, weapons, violence, or theft within
17    the previous 10 years shall be presumed to be unfit for
18    registration. The Department shall adopt rules for making
19    those determinations that shall afford the applicant due
20    process of law.
21        (4) Has had a license or permanent employee
22    registration card denied, suspended, or revoked under this
23    Act (i) within one year before the date the person's
24    application for permanent employee registration card is
25    received by the Department; and (ii) that refusal, denial,
26    suspension, or revocation was based on any provision of

 

 

HB5199- 110 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 111 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 112 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 113 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 114 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 115 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 116 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 117 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 118 -LRB103 38448 RLC 68584 b

1mail, or posting on the Department's Internet site accessible
2to the agency that the person has been convicted of a crime
3shall be deemed constructive knowledge of the conviction on
4the part of the agency. The Department may adopt rules to
5implement this subsection (k).
6    (l) No person may be employed under this Section in any
7capacity if:
8        (1) the person, while so employed, is being paid by
9    the United States or any political subdivision for the
10    time so employed in addition to any payments the person
11    may receive from the employer; or
12        (2) the person wears any portion of the person's
13    official uniform, emblem of authority, or equipment while
14    so employed.
15    (m) If information is discovered affecting the
16registration of a person whose fingerprints were submitted
17under this Section, the Department shall so notify the agency
18that submitted the fingerprints on behalf of that person.
19    (n) Peace officers shall be exempt from the requirements
20of this Section relating to permanent employee registration
21cards. The agency shall remain responsible for any peace
22officer employed under this exemption, regardless of whether
23the peace officer is compensated as an employee or as an
24independent contractor and as further defined by rule.
25    (o) Persons who have no access to confidential or security
26information, who do not go to a client's or prospective

 

 

HB5199- 119 -LRB103 38448 RLC 68584 b

1client's residence or place of business, and who otherwise do
2not provide traditional security services are exempt from
3employee registration. Examples of exempt employees include,
4but are not limited to, employees working in the capacity of
5ushers, directors, ticket takers, cashiers, drivers, and
6reception personnel. Confidential or security information is
7that which pertains to employee files, scheduling, client
8contracts, or technical security and alarm data.
9    (p) An applicant who is 21 years of age or older seeking a
10religious exemption to the photograph requirement of this
11Section shall furnish with the application an approved copy of
12United States Department of the Treasury Internal Revenue
13Service Form 4029. Regardless of age, an applicant seeking a
14religious exemption to this photograph requirement shall
15submit fingerprints in a form and manner prescribed by the
16Department with the applicant's application in lieu of a
17photograph.
18(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)
 
19    (225 ILCS 447/35-35)
20    (Section scheduled to be repealed on January 1, 2029)
21    Sec. 35-35. Requirement of a firearm control card.
22    (a) No person shall perform duties that include the use,
23carrying, or possession of a firearm in the performance of
24those duties without complying with the provisions of this
25Section and having been issued a valid firearm control card by

 

 

HB5199- 120 -LRB103 38448 RLC 68584 b

1the Department.
2    (b) No employer shall employ any person to perform the
3duties for which licensure or employee registration is
4required and allow that person to carry a firearm unless that
5person has complied with all the firearm training requirements
6of this Section and has been issued a firearm control card.
7This Act permits only the following to carry firearms while
8actually engaged in the performance of their duties or while
9commuting directly to or from their places of employment:
10persons licensed as private detectives and their registered
11employees; persons licensed as private security contractors
12and their registered employees; persons licensed as private
13alarm contractors and their registered employees; and
14employees of a registered armed proprietary security force.
15    (c) Possession of a valid firearm control card allows a
16licensee or employee to carry a firearm not otherwise
17prohibited by law while the licensee or employee is engaged in
18the performance of the licensee's or employee's duties or
19while the licensee or employee is commuting directly to or
20from the licensee's or employee's place or places of
21employment.
22    (d) The Department shall issue a firearm control card to a
23person who has passed an approved firearm training course, who
24is currently licensed or employed by an agency licensed by
25this Act and has met all the requirements of this Act, and who
26is not prohibited under State or federal law from possessing a

 

 

HB5199- 121 -LRB103 38448 RLC 68584 b

1firearm possesses a valid firearm owner identification card.
2Application for the firearm control card shall be made by the
3employer to the Department on forms provided by the
4Department. The Department shall forward the card to the
5employer who shall be responsible for its issuance to the
6licensee or employee. The firearm control card shall be issued
7by the Department and shall identify the person holding it and
8the name of the course where the licensee or employee received
9firearm instruction and shall specify the type of weapon or
10weapons the person is authorized by the Department to carry
11and for which the person has been trained.
12    (e) Expiration and requirements for renewal of firearm
13control cards shall be determined by rule.
14    (f) The Department may, in addition to any other
15disciplinary action permitted by this Act, refuse to issue,
16suspend, or revoke a firearm control card if the applicant or
17holder has been convicted of any felony or crime involving the
18illegal use, carrying, or possession of a deadly weapon or for
19a violation of this Act or rules adopted promulgated under
20this Act. The Department shall refuse to issue or shall revoke
21a firearm control card if the applicant or holder is
22prohibited under State or federal law from possessing a
23firearm fails to possess a valid firearm owners identification
24card without hearing. The Secretary shall summarily suspend a
25firearm control card if the Secretary finds that its continued
26use would constitute an imminent danger to the public. A

 

 

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1hearing shall be held before the Board within 30 days if the
2Secretary summarily suspends a firearm control card.
3    (g) Notwithstanding any other provision of this Act to the
4contrary, all requirements relating to firearms control cards
5do not apply to a peace officer. If an individual ceases to be
6employed as a peace officer and continues to perform services
7in an armed capacity under this Act that are licensed
8activities, then the individual is required to obtain a
9permanent employee registration card pursuant to Section 35-30
10of this Act and must possess a valid Firearm Owner's
11Identification Card, but is not required to obtain a firearm
12control card if the individual is otherwise in continuing
13compliance with the federal Law Enforcement Officers Safety
14Act of 2004. If an individual elects to carry a firearm
15pursuant to the federal Law Enforcement Officers Safety Act of
162004, then the agency employing the officer shall submit an
17application to the Department for issuance of a waiver card
18along with a fee specified by rule.
19    (h) The Department may issue a temporary firearm control
20card pending issuance of a new firearm control card upon an
21agency's acquiring of an established armed account. An agency
22that has acquired armed employees as a result of acquiring an
23established armed account may, on forms supplied by the
24Department, request the issuance of a temporary firearm
25control card for each acquired employee who held a valid
26firearm control card under the employer's employment with the

 

 

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1newly acquired established armed account immediately preceding
2the acquiring of the account and who continues to meet all of
3the qualifications for issuance of a firearm control card set
4forth in this Act and any rules adopted under this Act. The
5Department shall, by rule, set the fee for issuance of a
6temporary firearm control card.
7    (i) The Department shall not issue a firearm control card
8to a licensed fingerprint vendor or a licensed locksmith or
9employees of a licensed fingerprint vendor agency or a
10licensed locksmith agency.
11(Source: P.A. 103-309, eff. 1-1-24.)
 
12    Section 115. The Illinois Gambling Act is amended by
13changing Section 5.4 as follows:
 
14    (230 ILCS 10/5.4)
15    Sec. 5.4. Retiring investigators; purchase of service
16firearm and badge. The Board shall establish a program to
17allow an investigator appointed under paragraph (20.6) of
18subsection (c) of Section 4 who is honorably retiring in good
19standing to purchase either one or both of the following: (1)
20any badge previously issued to the investigator by the Board;
21or (2) if the investigator has a currently valid Firearm
22Owner's Identification Card, the service firearm issued or
23previously issued to the investigator by the Board. The badge
24must be permanently and conspicuously marked in such a manner

 

 

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1that the individual who possesses the badge is not mistaken
2for an actively serving law enforcement officer. The cost of
3the firearm shall be the replacement value of the firearm and
4not the firearm's fair market value.
5(Source: P.A. 102-719, eff. 5-6-22.)
 
6    Section 120. The Mental Health and Developmental
7Disabilities Code is amended by changing Sections 1-106,
81-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
 
9    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
10    Sec. 1-106. "Developmental disability" means a severe,
11chronic disability, other than mental illness, found to be
12closely related to an intellectual disability because this
13condition results in impairment of general intellectual
14functioning or adaptive behavior similar to that of persons
15with ID, and requires services similar to those required for a
16person with an intellectual disability. In addition, a
17developmental disability: (1) is manifested before the
18individual reaches 22 years of age; (2) is likely to continue
19indefinitely; (3) results in substantial functional
20limitations in three or more of the following areas of major
21life activity: self-care, receptive and expressive language,
22learning, mobility, self-direction, capacity for independent
23living, or economic self-sufficiency; and (4) reflects the
24individual's need for a combination and sequence of special

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5199- 131 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

HB5199- 133 -LRB103 38448 RLC 68584 b

1    report under the School Administrator Reporting of Mental
2    Health Clear and Present Danger Determinations Law.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 125. The Lead Poisoning Prevention Act is amended
5by changing Section 2 as follows:
 
6    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
7    Sec. 2. Definitions. As used in this Act:
8    "Child care facility" means any structure used by a child
9care provider licensed by the Department of Children and
10Family Services or public or private school structure
11frequented by children 6 years of age or younger.
12    "Childhood Lead Risk Questionnaire" means the
13questionnaire developed by the Department for use by
14physicians and other health care providers to determine risk
15factors for children 6 years of age or younger residing in
16areas designated as low risk for lead exposure.
17    "Delegate agency" means a unit of local government or
18health department approved by the Department to carry out the
19provisions of this Act.
20    "Department" means the Department of Public Health.
21    "Director" means the Director of Public Health.
22    "Dwelling unit" means an individual unit within a
23residential building used as living quarters for one
24household.

 

 

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

 

 

HB5199- 135 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 136 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 137 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 138 -LRB103 38448 RLC 68584 b

1    owner.
2    "Person" means any individual, partnership, firm, company,
3limited liability company, corporation, association, joint
4stock company, trust, estate, political subdivision, State
5agency, or any other legal entity, or their legal
6representative, agent, or assign.
7    "Regulated facility" means a residential building or child
8care facility.
9    "Residential building" means any room, group of rooms, or
10other interior areas of a structure designed or used for human
11habitation; common areas accessible by inhabitants; and the
12surrounding property or structures.
13(Source: P.A. 100-723, eff. 1-1-19.)
 
14    (430 ILCS 65/Act rep.)
15    Section 130. The Firearm Owners Identification Card Act is
16repealed.
 
17    Section 135. The Firearm Concealed Carry Act is amended by
18changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
 
19    (430 ILCS 66/25)
20    Sec. 25. Qualifications for a license.
21    The Illinois State Police shall issue a license to an
22applicant completing an application in accordance with Section
2330 of this Act if the person:

 

 

HB5199- 139 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 140 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 141 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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1    Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3102-813, eff. 5-13-22.)
 
4    (430 ILCS 66/40)
5    Sec. 40. Non-resident license applications.
6    (a) For the purposes of this Section, "non-resident" means
7a person who has not resided within this State for more than 30
8days and resides in another state or territory.
9    (b) The Illinois State Police shall by rule allow for
10non-resident license applications from any state or territory
11of the United States with laws related to firearm ownership,
12possession, and carrying, that are substantially similar to
13the requirements to obtain a license under this Act.
14    (c) A resident of a state or territory approved by the
15Illinois State Police under subsection (b) of this Section may
16apply for a non-resident license. The applicant shall apply to
17the Illinois State Police and must meet all of the
18qualifications established in Section 25 of this Act, except
19for the Illinois residency requirement in item (xiv) of
20paragraph (2) of subsection (a) of Section 4 of the Firearm
21Owners Identification Card Act. The applicant shall submit:
22        (1) the application and documentation required under
23    Section 30 of this Act and the applicable fee;
24        (2) a notarized document stating that the applicant:
25            (A) is eligible under federal law and the laws of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    This subsection shall not apply to a person who has filed
2an application with the Illinois State Police for renewal of a
3Firearm Owner's Identification Card and who is not otherwise
4ineligible to obtain a Firearm Owner's Identification Card.
5    (h-5) (Blank). If the Firearm Owner's Identification Card
6of a licensee under this Act expires during the term of the
7license issued under this Act, the license and the Firearm
8Owner's Identification Card remain valid, and the Illinois
9State Police may automatically renew the licensee's Firearm
10Owner's Identification Card as provided in subsection (c) of
11Section 5 of the Firearm Owners Identification Card Act.
12    (i) A certified firearms instructor who knowingly provides
13or offers to provide a false certification that an applicant
14has completed firearms training as required under this Act is
15guilty of a Class A misdemeanor. A person guilty of a violation
16of this subsection (i) is not eligible for court supervision.
17The Illinois State Police shall permanently revoke the
18firearms instructor certification of a person convicted under
19this subsection (i).
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    (430 ILCS 66/80)
23    Sec. 80. Certified firearms instructors.
24    (a) Within 60 days of the effective date of this Act, the
25Illinois State Police shall begin approval of certified

 

 

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

 

 

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

 

 

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1himself, herself, or to others, within 24 hours of the
2determination as provided in Section 6-103.3 of the Mental
3Health and Developmental Disabilities Code. "Clear and present
4danger" has the meaning as provided in paragraph (2) of the
5definition of "clear and present danger" in Section 6-103.3 of
6the Mental Health and Developmental Disabilities Code 1.1 of
7the Firearm Owners Identification Card Act.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 140. The Firearms Restraining Order Act is amended
10by changing Sections 35 and 40 as follows:
 
11    (430 ILCS 67/35)
12    Sec. 35. Ex parte orders and emergency hearings.
13    (a) A petitioner may request an emergency firearms
14restraining order by filing an affidavit or verified pleading
15alleging that the respondent poses an immediate and present
16danger of causing personal injury to himself, herself, or
17another by having in his or her custody or control,
18purchasing, possessing, or receiving a firearm, ammunition, or
19firearm parts that could be assembled to make an operable
20firearm. The petition shall also describe the type and
21location of any firearm or firearms, ammunition, or firearm
22parts that could be assembled to make an operable firearm
23presently believed by the petitioner to be possessed or
24controlled by the respondent.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1ammunition, and firearm parts that could be assembled to make
2an operable firearm; (ii) shall not transfer the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm to the respondent; and (iii) will store
5the firearm, ammunition, and firearm parts that could be
6assembled to make an operable firearm in a manner that the
7respondent does not have access to or control of the firearm,
8ammunition, and firearm parts that could be assembled to make
9an operable firearm.
10    (i) In accordance with subsection (e) of this Section, the
11court shall schedule a full hearing as soon as possible, but no
12longer than 14 days from the issuance of an ex parte firearms
13restraining order, to determine if a 6-month firearms
14restraining order shall be issued. The court may extend an ex
15parte order as needed, but not to exceed 14 days, to effectuate
16service of the order or if necessary to continue protection.
17The court may extend the order for a greater length of time by
18mutual agreement of the parties.
19(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
20102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
215-13-22.)
 
22    (430 ILCS 67/40)
23    Sec. 40. Plenary orders.
24    (a) A petitioner may request a firearms restraining order
25for up to one year by filing an affidavit or verified pleading

 

 

HB5199- 160 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (k) When the court issues a firearms restraining order
2under this Section, the court shall inform the respondent that
3he or she is entitled to one hearing during the period of the
4order to request a termination of the order, under Section 45
5of this Act, and shall provide the respondent with a form to
6request a hearing.
7(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
8102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
95-13-22; 102-1116, eff. 1-10-23.)
 
10    Section 145. The Firearm Dealer License Certification Act
11is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
12follows:
 
13    (430 ILCS 68/5-20)
14    Sec. 5-20. Additional licensee requirements.
15    (a) A certified licensee shall make a photo copy of a
16buyer's or transferee's valid photo identification card
17whenever a firearm sale transaction takes place. The photo
18copy shall be attached to the documentation detailing the
19record of sale.
20    (b) A certified licensee shall post in a conspicuous
21position on the premises where the licensee conducts business
22a sign that contains the following warning in block letters
23not less than one inch in height:
24        "With few exceptions enumerated in the Criminal Code

 

 

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

 

 

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

 

 

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

 

 

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1    the property.
2(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
3    (430 ILCS 68/5-40)
4    Sec. 5-40. Qualifications for operation.
5    (a) Each certified licensee shall submit with each
6application for certification or renewal an affidavit to the
7Illinois State Police stating that each owner, employee, or
8other agent of the certified licensee who sells or conducts
9transfers of firearms for the certified licensee is at least
1021 years of age, has a currently valid Firearm Owner's
11Identification Card and, for a renewal, has completed the
12training required under Section 5-30. The affidavit must also
13contain the name and Firearm Owner's Identification Card
14number of each owner, employee, or other agent who sells or
15conducts transfers of firearms for the certified licensee. If
16an owner, employee, or other agent of the certified licensee
17is not otherwise a resident of this State, the certified
18licensee shall submit an affidavit stating that the owner,
19employee, or other agent has undergone a background check and
20is not prohibited from owning or possessing firearms.
21    (b) In addition to the affidavit required under subsection
22(a), within 30 days of a new owner, employee, or other agent
23beginning selling or conducting transfers of firearms for the
24certified licensee, the certified licensee shall submit an
25affidavit to the Illinois State Police stating the date that

 

 

HB5199- 172 -LRB103 38448 RLC 68584 b

1the new owner, employee, or other agent began selling or
2conducting transfers of firearms for the certified licensee,
3and providing the information required in subsection (a) for
4that new owner, employee, or other agent.
5    (c) If a certified licensee has a license, certificate, or
6permit to sell, lease, transfer, purchase, or possess firearms
7issued by the federal government or the government of any
8state revoked or suspended for good cause within the preceding
94 years, the Illinois State Police may consider revoking or
10suspending the certified licenses in this State. In making a
11determination of whether or not to revoke or suspend a
12certified license in this State, the Illinois State Police
13shall consider the number of retail locations the certified
14licensee or any related person or entity operates in this
15State or in other states under the same or different business
16names, and the severity of the infraction in the state in which
17a license was revoked or suspended.
18    (d) Applications and affidavits required under this
19Section are not subject to disclosure by the Illinois State
20Police under the Freedom of Information Act.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (430 ILCS 68/5-85)
23    Sec. 5-85. Disciplinary sanctions.
24    (a) For violations of this Act not penalized under Section
255-15, the Illinois State Police may refuse to renew or

 

 

HB5199- 173 -LRB103 38448 RLC 68584 b

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

 

 

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1            (B) Habitual or excessive use or abuse of drugs
2        defined in law as controlled substances, alcohol, or
3        any other substance that results in the inability to
4        practice with reasonable judgment, skill, or safety.
5        (7) Receiving, directly or indirectly, compensation
6    for any firearms sold or transferred illegally.
7        (8) Discipline by another United States jurisdiction,
8    foreign nation, or governmental agency, if at least one of
9    the grounds for the discipline is the same or
10    substantially equivalent to those set forth in this Act.
11        (9) Violation of any disciplinary order imposed on a
12    licensee by the Illinois State Police.
13        (10) A finding by the Illinois State Police that the
14    licensee, after having his or her certified license placed
15    on probationary status, has violated the terms of
16    probation.
17        (11) A fraudulent or material misstatement in the
18    completion of an affirmative obligation or inquiry by law
19    enforcement.
20    (b) All fines imposed under this Section shall be paid
21within 90 days after the effective date of the final order
22imposing the fine.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    Section 150. The Wildlife Code is amended by changing
25Sections 3.2 and 3.2a as follows:
 

 

 

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

 

 

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

 

 

HB5199- 177 -LRB103 38448 RLC 68584 b

1ammunition consumed. The Department of Natural Resources shall
2furnish information on the requirements of hunter safety
3education programs to be distributed free of charge to
4applicants for hunting licenses by the persons appointed and
5authorized to issue licenses. Funds for the conducting of
6firearms and hunter safety courses shall be taken from the fee
7charged for the Firearm Owners Identification Card.
8    The fee for a hunting license to hunt all species for a
9resident of Illinois is $12. For residents age 65 or older,
10and, commencing with the 2012 license year, resident veterans
11of the United States Armed Forces after returning from service
12abroad or mobilization by the President of the United States
13as an active duty member of the United States Armed Forces, the
14Illinois National Guard, or the Reserves of the United States
15Armed Forces, the fee is one-half of the fee charged for a
16hunting license to hunt all species for a resident of
17Illinois. Veterans must provide to the Department acceptable
18verification of their service. The Department shall establish
19by administrative rule the procedure by which such
20verification of service shall be made to the Department for
21the purpose of issuing resident veterans hunting licenses at a
22reduced fee. The fee for a hunting license to hunt all species
23shall be $1 for residents over 75 years of age. Nonresidents
24shall be charged $57 for a hunting license.
25    Residents of this State may obtain a 3-year hunting
26license to hunt all species as described in Section 3.1 for 3

 

 

HB5199- 178 -LRB103 38448 RLC 68584 b

1times the annual fee. For residents age 65 or older and
2resident veterans of the United States Armed Forces after
3returning from service abroad or mobilization by the President
4of the United States, the fee is one-half of the fee charged
5for a 3-year hunting license to hunt all species as described
6in Section 3.1 for a resident of this State. Veterans must
7provide to the Department, per administrative rule,
8verification of their service. The Department shall establish
9what constitutes suitable verification of service for the
10purpose of issuing resident veterans 3-year hunting licenses
11at a reduced fee.
12    Nonresidents may be issued a nonresident hunting license
13for a period not to exceed 10 consecutive days' hunting in the
14State and shall be charged a fee of $35.
15    A special nonresident hunting license authorizing a
16nonresident to take game birds by hunting on a game breeding
17and hunting preserve area only, established under Section
183.27, shall be issued upon proper application being made and
19payment of a fee equal to that for a resident hunting license.
20The expiration date of this license shall be on the same date
21each year that game breeding and hunting preserve area
22licenses expire.
23    Each applicant for a State Migratory Waterfowl Stamp,
24regardless of his residence or other condition, shall pay a
25fee of $15 and shall receive a stamp. The fee for a State
26Migratory Waterfowl Stamp shall be waived for residents over

 

 

HB5199- 179 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 180 -LRB103 38448 RLC 68584 b

1    Every person holding any license, permit, or stamp issued
2under the provisions of this Act shall have it in his
3possession for immediate presentation for inspection to the
4officers and authorized employees of the Department, any
5sheriff, deputy sheriff, or any other peace officer making a
6demand for it. This provision shall not apply to Department
7owned or managed sites where it is required that all hunters
8deposit their license or , permit, or Firearm Owner's
9Identification Card at the check station upon entering the
10hunting areas.
11    For the purposes of this Section, "acceptable
12verification" means official documentation from the Department
13of Defense or the appropriate Major Command showing
14mobilization dates or service abroad dates, including: (i) a
15DD-214, (ii) a letter from the Illinois Department of Military
16Affairs for members of the Illinois National Guard, (iii) a
17letter from the Regional Reserve Command for members of the
18Armed Forces Reserve, (iv) a letter from the Major Command
19covering Illinois for active duty members, (v) personnel
20records for mobilized State employees, and (vi) any other
21documentation that the Department, by administrative rule,
22deems acceptable to establish dates of mobilization or service
23abroad.
24    For the purposes of this Section, the term "service
25abroad" means active duty service outside of the 50 United
26States and the District of Columbia, and includes all active

 

 

HB5199- 181 -LRB103 38448 RLC 68584 b

1duty service in territories and possessions of the United
2States.
3(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)
 
4    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
5    Sec. 3.2a. Every person holding any license, permit or
6stamp issued under the provisions hereof shall have it in his
7possession for immediate presentation for inspection to the
8officers and authorized employees of the Department, any
9sheriff, deputy sheriff or any other peace officer making a
10demand for it. This provision shall not apply to Department
11owned or managed sites where it is required that all hunters
12deposit their license or , permit or Firearm Owner's
13Identification Card at the check station upon entering the
14hunting areas.
15(Source: P.A. 85-152.)
 
16    Section 155. The Illinois Vehicle Code is amended by
17changing Section 2-116 as follows:
 
18    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
19    Sec. 2-116. Secretary of State Department of Police.
20    (a) The Secretary of State and the officers, inspectors,
21and investigators appointed by him shall cooperate with the
22Illinois State Police and the sheriffs and police in enforcing
23the laws regulating the operation of vehicles and the use of

 

 

HB5199- 182 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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

 

 

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1shall be appropriated to the Secretary of State Department of
2Police as provided for in subsection (g).
3    (f) The Secretary of State Department of Police may apply
4for grants or contracts and receive, expend, allocate, or
5disburse moneys made available by public or private entities,
6including, but not limited to, contracts, bequests, grants, or
7receiving equipment from corporations, foundations, or public
8or private institutions of higher learning.
9    (g) The Secretary of State Police Services Fund is hereby
10created as a special fund in the State Treasury. All moneys
11received under this Section by the Secretary of State
12Department of Police shall be deposited into the Secretary of
13State Police Services Fund to be appropriated to the Secretary
14of State Department of Police for purposes as indicated by the
15grantor or contractor or, in the case of moneys bequeathed or
16granted for no specific purpose, for any purpose as deemed
17appropriate by the Director of Police-Secretary of State in
18administering the responsibilities of the Secretary of State
19Department of Police.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    Section 160. The Criminal Code of 2012 is amended by
22changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2324-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
2424-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
25adding Section 24-4.5 as follows:
 

 

 

HB5199- 186 -LRB103 38448 RLC 68584 b

1    (720 ILCS 5/2-7.1)
2    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
3"Firearm "Firearm" and "firearm ammunition" means any
4self-contained cartridge or shotgun shell, by whatever name
5known, which is designed to be used or adaptable to use in a
6firearm; excluding, however:
7    (1) any ammunition exclusively designed for use with a
8device used exclusively for signaling or safety and required
9or recommended by the United States Coast Guard or the
10Interstate Commerce Commission; and
11    (2) any ammunition designed exclusively for use with a
12stud or rivet driver or other similar industrial ammunition
13have the meanings ascribed to them in Section 1.1 of the
14Firearm Owners Identification Card Act.
15(Source: P.A. 91-544, eff. 1-1-00.)
 
16    (720 ILCS 5/2-7.5)
17    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
18specific Section, "firearm" means any device, by whatever name
19known, which is designed to expel a projectile or projectiles
20by the action of an explosion, expansion of gas or escape of
21gas; excluding, however:
22    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
23gun which expels a single globular projectile not exceeding
24.18 inch in diameter or which has a maximum muzzle velocity of

 

 

HB5199- 187 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 188 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 189 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

HB5199- 191 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 192 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 193 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 194 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 195 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 196 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 197 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 198 -LRB103 38448 RLC 68584 b

1    "Domestic violence" has the meaning ascribed to it in
2Section 103 of the Illinois Domestic Violence Act of 1986.
3    "Domestic violence shelter" means any building or other
4structure used to provide shelter or other services to victims
5or to the dependent children of victims of domestic violence
6pursuant to the Illinois Domestic Violence Act of 1986 or the
7Domestic Violence Shelters Act, or any place within 500 feet
8of such a building or other structure in the case of a person
9who is going to or from such a building or other structure.
10    "Firearm" has the meaning provided under Section 2-7.5 of
11this Code 1.1 of the Firearm Owners Identification Card Act,
12and does not include an air rifle as defined by Section
1324.8-0.1 of this Code.
14    "Machine gun" has the meaning ascribed to it in Section
1524-1 of this Code.
16    "Merchant" has the meaning ascribed to it in Section
1716-0.1 of this Code.
18    "Strangle" means intentionally impeding the normal
19breathing or circulation of the blood of an individual by
20applying pressure on the throat or neck of that individual or
21by blocking the nose or mouth of that individual.
22(Source: P.A. 103-51, eff. 1-1-24.)
 
23    (720 ILCS 5/16-0.1)
24    Sec. 16-0.1. Definitions. In this Article, unless the
25context clearly requires otherwise, the following terms are

 

 

HB5199- 199 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 200 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 201 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5199- 211 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 212 -LRB103 38448 RLC 68584 b

1identification number or any communication or wireless device
2that is capable of acquiring or facilitating the acquisition
3of a communication service without the express consent or
4express authorization of the communication service provider,
5or that has been altered, modified, programmed or
6reprogrammed, alone or in conjunction with another
7communication or wireless device or other equipment, to so
8acquire or facilitate the unauthorized acquisition of a
9communication service. "Unlawful communication device" also
10means:
11        (1) any phone altered to obtain service without the
12    express consent or express authorization of the
13    communication service provider, tumbler phone, counterfeit
14    or clone phone, tumbler microchip, counterfeit or clone
15    microchip, scanning receiver of wireless communication
16    service or other instrument capable of disguising its
17    identity or location or of gaining unauthorized access to
18    a communications or wireless system operated by a
19    communication service provider; and
20        (2) any communication or wireless device which is
21    capable of, or has been altered, designed, modified,
22    programmed or reprogrammed, alone or in conjunction with
23    another communication or wireless device or devices, so as
24    to be capable of, facilitating the disruption,
25    acquisition, receipt, transmission or decryption of a
26    communication service without the express consent or

 

 

HB5199- 213 -LRB103 38448 RLC 68584 b

1    express authorization of the communication service
2    provider, including, but not limited to, any device,
3    technology, product, service, equipment, computer software
4    or component or part thereof, primarily distributed, sold,
5    designed, assembled, manufactured, modified, programmed,
6    reprogrammed or used for the purpose of providing the
7    unauthorized receipt of, transmission of, disruption of,
8    decryption of, access to or acquisition of any
9    communication service provided by any communication
10    service provider.
11    "Vehicle" means a motor vehicle, motorcycle, or farm
12implement that is self-propelled and that uses motor fuel for
13propulsion.
14    "Wireless device" includes any type of instrument, device,
15machine, or equipment that is capable of transmitting or
16receiving telephonic, electronic or radio communications, or
17any part of such instrument, device, machine, or equipment, or
18any computer circuit, computer chip, electronic mechanism, or
19other component that is capable of facilitating the
20transmission or reception of telephonic, electronic, or radio
21communications.
22(Source: P.A. 102-757, eff. 5-13-22.)
 
23    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
24    Sec. 17-30. Defaced, altered, or removed manufacturer or
25owner identification number.

 

 

HB5199- 214 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 215 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 216 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 217 -LRB103 38448 RLC 68584 b

1    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
2    Sec. 24-1. Unlawful use of weapons.
3    (a) A person commits the offense of unlawful use of
4weapons when he knowingly:
5        (1) Sells, manufactures, purchases, possesses or
6    carries any bludgeon, black-jack, slung-shot, sand-club,
7    sand-bag, metal knuckles or other knuckle weapon
8    regardless of its composition, throwing star, or any
9    knife, commonly referred to as a switchblade knife, which
10    has a blade that opens automatically by hand pressure
11    applied to a button, spring or other device in the handle
12    of the knife, or a ballistic knife, which is a device that
13    propels a knifelike blade as a projectile by means of a
14    coil spring, elastic material or compressed gas; or
15        (2) Carries or possesses with intent to use the same
16    unlawfully against another, a dagger, dirk, billy,
17    dangerous knife, razor, stiletto, broken bottle or other
18    piece of glass, stun gun or taser or any other dangerous or
19    deadly weapon or instrument of like character; or
20        (2.5) Carries or possesses with intent to use the same
21    unlawfully against another, any firearm in a church,
22    synagogue, mosque, or other building, structure, or place
23    used for religious worship; or
24        (3) Carries on or about his person or in any vehicle, a
25    tear gas gun projector or bomb or any object containing
26    noxious liquid gas or substance, other than an object

 

 

HB5199- 218 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 219 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 220 -LRB103 38448 RLC 68584 b

1        cocktails or artillery projectiles; or
2        (8) Carries or possesses any firearm, stun gun or
3    taser or other deadly weapon in any place which is
4    licensed to sell intoxicating beverages, or at any public
5    gathering held pursuant to a license issued by any
6    governmental body or any public gathering at which an
7    admission is charged, excluding a place where a showing,
8    demonstration or lecture involving the exhibition of
9    unloaded firearms is conducted.
10        This subsection (a)(8) does not apply to any auction
11    or raffle of a firearm held pursuant to a license or permit
12    issued by a governmental body, nor does it apply to
13    persons engaged in firearm safety training courses; or
14        (9) Carries or possesses in a vehicle or on or about
15    his or her person any pistol, revolver, stun gun or taser
16    or firearm or ballistic knife, when he or she is hooded,
17    robed or masked in such manner as to conceal his or her
18    identity; or
19        (10) 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 land
25    or in his or her own abode, legal dwelling, or fixed place
26    of business, or on the land or in the legal dwelling of

 

 

HB5199- 221 -LRB103 38448 RLC 68584 b

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

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures, delivers, imports,
4    possesses, or purchases any assault weapon attachment or
5    .50 caliber cartridge in violation of Section 24-1.9 or
6    any explosive bullet. For purposes of this paragraph (a)
7    "explosive bullet" means the projectile portion of an
8    ammunition cartridge which contains or carries an
9    explosive charge which will explode upon contact with the
10    flesh of a human or an animal. "Cartridge" means a tubular
11    metal case having a projectile affixed at the front
12    thereof and a cap or primer at the rear end thereof, with
13    the propellant contained in such tube between the
14    projectile and the cap; or
15        (12) (Blank); or
16        (13) Carries or possesses on or about his or her
17    person while in a building occupied by a unit of
18    government, a billy club, other weapon of like character,
19    or other instrument of like character intended for use as
20    a weapon. For the purposes of this Section, "billy club"
21    means a short stick or club commonly carried by police
22    officers which is either telescopic or constructed of a
23    solid piece of wood or other man-made material; or
24        (14) Manufactures, possesses, sells, or offers to
25    sell, purchase, manufacture, import, transfer, or use any
26    device, part, kit, tool, accessory, or combination of

 

 

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1    parts that is designed to and functions to increase the
2    rate of fire of a semiautomatic firearm above the standard
3    rate of fire for semiautomatic firearms that is not
4    equipped with that device, part, or combination of parts;
5    or
6        (15) Carries or possesses any assault weapon or .50
7    caliber rifle in violation of Section 24-1.9; or
8        (16) Manufactures, sells, delivers, imports, or
9    purchases any assault weapon or .50 caliber rifle in
10    violation of Section 24-1.9.
11    (b) Sentence. A person convicted of a violation of
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
13subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
14commits a Class A misdemeanor. A person convicted of a
15violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
16Class 4 felony; a person convicted of a violation of
17subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1824-1(a)(16) commits a Class 3 felony. A person convicted of a
19violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
20and shall be sentenced to a term of imprisonment of not less
21than 3 years and not more than 7 years, unless the weapon is
22possessed in the passenger compartment of a motor vehicle as
23defined in Section 1-146 of the Illinois Vehicle Code, or on
24the person, while the weapon is loaded, in which case it shall
25be a Class X felony. A person convicted of a second or
26subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

 

 

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124-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
2felony. A person convicted of a violation of subsection
324-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
4possession of each weapon or device in violation of this
5Section constitutes a single and separate violation.
6    (c) Violations in specific places.
7        (1) A person who violates subsection 24-1(a)(6) or
8    24-1(a)(7) in any school, regardless of the time of day or
9    the time of year, in residential property owned, operated
10    or managed by a public housing agency or leased by a public
11    housing agency as part of a scattered site or mixed-income
12    development, in a public park, in a courthouse, on the
13    real property comprising any school, regardless of the
14    time of day or the time of year, on residential property
15    owned, operated or managed by a public housing agency or
16    leased by a public housing agency as part of a scattered
17    site or mixed-income development, on the real property
18    comprising any public park, on the real property
19    comprising any courthouse, in any conveyance owned, leased
20    or contracted by a school to transport students to or from
21    school or a school related activity, in any conveyance
22    owned, leased, or contracted by a public transportation
23    agency, or on any public way within 1,000 feet of the real
24    property comprising any school, public park, courthouse,
25    public transportation facility, or residential property
26    owned, operated, or managed by a public housing agency or

 

 

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

 

 

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

 

 

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

 

 

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1(i) if such weapon, instrument or instrumentality is found
2upon the person of one of the occupants therein; or (ii) if
3such weapon, instrument or substance is found in an automobile
4operated for hire by a duly licensed driver in the due, lawful
5and proper pursuit of his or her trade, then such presumption
6shall not apply to the driver.
7    (e) Exemptions.
8        (1) Crossbows, Common or Compound bows and Underwater
9    Spearguns are exempted from the definition of ballistic
10    knife as defined in paragraph (1) of subsection (a) of
11    this Section.
12        (2) The provision of paragraph (1) of subsection (a)
13    of this Section prohibiting the sale, manufacture,
14    purchase, possession, or carrying of any knife, commonly
15    referred to as a switchblade knife, which has a blade that
16    opens automatically by hand pressure applied to a button,
17    spring or other device in the handle of the knife, does not
18    apply to a person eligible under State and federal law to
19    possess a firearm who possesses a currently valid Firearm
20    Owner's Identification Card previously issued in his or
21    her name by the Illinois State Police or to a person or an
22    entity engaged in the business of selling or manufacturing
23    switchblade knives.
24(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
25102-1116, eff. 1-10-23.)
 

 

 

HB5199- 229 -LRB103 38448 RLC 68584 b

1    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
2    Sec. 24-1.1. Unlawful use or possession of weapons by
3felons or persons in the custody of the Department of
4Corrections facilities.
5    (a) It is unlawful for a person to knowingly possess on or
6about his person or on his land or in his own abode or fixed
7place of business any weapon prohibited under Section 24-1 of
8this Act or any firearm or any firearm ammunition if the person
9has been convicted of a felony under the laws of this State or
10any other jurisdiction. This Section shall not apply if the
11person has been granted relief under this subsection by the
12Director of the Illinois State Police under Section 10 of the
13Firearm Owners Identification Card Act. A person prohibited
14from possessing a firearm under this subsection (a) may
15petition the Director of the Illinois State Police for a
16hearing and relief from the prohibition, unless the
17prohibition was based upon a forcible felony, stalking,
18aggravated stalking, domestic battery, any violation of the
19Illinois Controlled Substances Act, the Methamphetamine
20Control and Community Protection Act, or the Cannabis Control
21Act that is classified as a Class 2 or greater felony, any
22felony violation of Article 24 of the Criminal Code of 1961 or
23the Criminal Code of 2012, or any adjudication as a delinquent
24minor for the commission of an offense that if committed by an
25adult would be a felony, in which case the person may petition
26the circuit court in writing in the county of his or her

 

 

HB5199- 230 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 231 -LRB103 38448 RLC 68584 b

1Corrections, to possess any weapon prohibited under Section
224-1 of this Code or any firearm or firearm ammunition,
3regardless of the intent with which he possesses it.
4    (c) It shall be an affirmative defense to a violation of
5subsection (b), that such possession was specifically
6authorized by rule, regulation, or directive of the Illinois
7Department of Corrections or order issued pursuant thereto.
8    (d) The defense of necessity is not available to a person
9who is charged with a violation of subsection (b) of this
10Section.
11    (e) Sentence. Violation of this Section by a person not
12confined in a penal institution shall be a Class 3 felony for
13which the person shall be sentenced to no less than 2 years and
14no more than 10 years. A second or subsequent violation of this
15Section shall be a Class 2 felony for which the person shall be
16sentenced to a term of imprisonment of not less than 3 years
17and not more than 14 years, except as provided for in Section
185-4.5-110 of the Unified Code of Corrections. Violation of
19this Section by a person not confined in a penal institution
20who has been convicted of a forcible felony, a felony
21violation of Article 24 of this Code or of the Firearm Owners
22Identification Card Act, stalking or aggravated stalking, or a
23Class 2 or greater felony under the Illinois Controlled
24Substances Act, the Cannabis Control Act, or the
25Methamphetamine Control and Community Protection Act is a
26Class 2 felony for which the person shall be sentenced to not

 

 

HB5199- 232 -LRB103 38448 RLC 68584 b

1less than 3 years and not more than 14 years, except as
2provided for in Section 5-4.5-110 of the Unified Code of
3Corrections. Violation of this Section by a person who is on
4parole or mandatory supervised release is a Class 2 felony for
5which the person shall be sentenced to not less than 3 years
6and not more than 14 years, except as provided for in Section
75-4.5-110 of the Unified Code of Corrections. Violation of
8this Section by a person not confined in a penal institution is
9a Class X felony when the firearm possessed is a machine gun.
10Any person who violates this Section while confined in a penal
11institution, which is a facility of the Illinois Department of
12Corrections, is guilty of a Class 1 felony, if he possesses any
13weapon prohibited under Section 24-1 of this Code regardless
14of the intent with which he possesses it, a Class X felony if
15he possesses any firearm, firearm ammunition or explosive, and
16a Class X felony for which the offender shall be sentenced to
17not less than 12 years and not more than 50 years when the
18firearm possessed is a machine gun. A violation of this
19Section while wearing or in possession of body armor as
20defined in Section 33F-1 is a Class X felony punishable by a
21term of imprisonment of not less than 10 years and not more
22than 40 years. The possession of each firearm or firearm
23ammunition in violation of this Section constitutes a single
24and separate violation.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB5199- 233 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 234 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 235 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 236 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 237 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 238 -LRB103 38448 RLC 68584 b

1    at the time of the offense while on any street, road,
2    alley, or any other lands, except when inside his or her
3    own abode or garage, and has not been issued a currently
4    valid Firearm Owner's Identification Card and is a member
5    of a street gang.
6    (b) Unlawful possession of a firearm by a street gang
7member is a Class 2 felony for which the person, if sentenced
8to a term of imprisonment, shall be sentenced to no less than 3
9years and no more than 10 years. A period of probation, a term
10of periodic imprisonment or conditional discharge shall not be
11imposed for the offense of unlawful possession of a firearm by
12a street gang member when the firearm was loaded or contained
13firearm ammunition and the court shall sentence the offender
14to not less than the minimum term of imprisonment authorized
15for the Class 2 felony.
16    (c) For purposes of this Section:
17        "Street gang" or "gang" has the meaning ascribed to it
18    in Section 10 of the Illinois Streetgang Terrorism Omnibus
19    Prevention Act.
20        "Street gang member" or "gang member" has the meaning
21    ascribed to it in Section 10 of the Illinois Streetgang
22    Terrorism Omnibus Prevention Act.
23(Source: P.A. 96-829, eff. 12-3-09.)
 
24    (720 ILCS 5/24-1.9)
25    Sec. 24-1.9. Manufacture, possession, delivery, sale, and

 

 

HB5199- 239 -LRB103 38448 RLC 68584 b

1purchase of assault weapons, .50 caliber rifles, and .50
2caliber cartridges.
3    (a) Definitions. In this Section:
4    (1) "Assault weapon" means any of the following, except as
5provided in subdivision (2) of this subsection:
6        (A) A semiautomatic rifle that has the capacity to
7    accept a detachable magazine or that may be readily
8    modified to accept a detachable magazine, if the firearm
9    has one or more of the following:
10            (i) a pistol grip or thumbhole stock;
11            (ii) any feature capable of functioning as a
12        protruding grip that can be held by the non-trigger
13        hand;
14            (iii) a folding, telescoping, thumbhole, or
15        detachable stock, or a stock that is otherwise
16        foldable or adjustable in a manner that operates to
17        reduce the length, size, or any other dimension, or
18        otherwise enhances the concealability of, the weapon;
19            (iv) a flash suppressor;
20            (v) a grenade launcher;
21            (vi) 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        (B) A semiautomatic rifle that has a fixed magazine

 

 

HB5199- 240 -LRB103 38448 RLC 68584 b

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

 

 

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1        (E) Any shotgun with a revolving cylinder.
2        (F) A semiautomatic shotgun that has one or more of
3    the following:
4            (i) a pistol grip or thumbhole stock;
5            (ii) any feature capable of functioning as a
6        protruding grip that can be held by the non-trigger
7        hand;
8            (iii) a folding or thumbhole stock;
9            (iv) a grenade launcher;
10            (v) a fixed magazine with the capacity of more
11        than 5 rounds; or
12            (vi) the capacity to accept a detachable magazine.
13        (G) Any semiautomatic firearm that has the capacity to
14    accept a belt ammunition feeding device.
15        (H) Any firearm that has been modified to be operable
16    as an assault weapon as defined in this Section.
17        (I) Any part or combination of parts designed or
18    intended to convert a firearm into an assault weapon,
19    including any combination of parts from which an assault
20    weapon may be readily assembled if those parts are in the
21    possession or under the control of the same person.
22        (J) All of the following rifles, copies, duplicates,
23    variants, or altered facsimiles with the capability of any
24    such weapon:
25            (i) All AK types, including the following:
26                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,

 

 

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1            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
2            AK-47, VEPR, WASR-10, and WUM.
3                (II) IZHMASH Saiga AK.
4                (III) MAADI AK47 and ARM.
5                (IV) Norinco 56S, 56S2, 84S, and 86S.
6                (V) Poly Technologies AK47 and AKS.
7                (VI) SKS with a detachable magazine.
8            (ii) all AR types, including the following:
9                (I) AR-10.
10                (II) AR-15.
11                (III) Alexander Arms Overmatch Plus 16.
12                (IV) Armalite M15 22LR Carbine.
13                (V) Armalite M15-T.
14                (VI) Barrett REC7.
15                (VII) Beretta AR-70.
16                (VIII) Black Rain Ordnance Recon Scout.
17                (IX) Bushmaster ACR.
18                (X) Bushmaster Carbon 15.
19                (XI) Bushmaster MOE series.
20                (XII) Bushmaster XM15.
21                (XIII) Chiappa Firearms MFour rifles.
22                (XIV) Colt Match Target rifles.
23                (XV) CORE Rifle Systems CORE15 rifles.
24                (XVI) Daniel Defense M4A1 rifles.
25                (XVII) Devil Dog Arms 15 Series rifles.
26                (XVIII) Diamondback DB15 rifles.

 

 

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1                (XIX) DoubleStar AR rifles.
2                (XX) DPMS Tactical rifles.
3                (XXI) DSA Inc. ZM-4 Carbine.
4                (XXII) Heckler & Koch MR556.
5                (XXIII) High Standard HSA-15 rifles.
6                (XXIV) Jesse James Nomad AR-15 rifle.
7                (XXV) Knight's Armament SR-15.
8                (XXVI) Lancer L15 rifles.
9                (XXVII) MGI Hydra Series rifles.
10                (XXVIII) Mossberg MMR Tactical rifles.
11                (XXIX) Noreen Firearms BN 36 rifle.
12                (XXX) Olympic Arms.
13                (XXXI) POF USA P415.
14                (XXXII) Precision Firearms AR rifles.
15                (XXXIII) Remington R-15 rifles.
16                (XXXIV) Rhino Arms AR rifles.
17                (XXXV) Rock River Arms LAR-15 or Rock River
18            Arms LAR-47.
19                (XXXVI) Sig Sauer SIG516 rifles and MCX
20            rifles.
21                (XXXVII) Smith & Wesson M&P15 rifles.
22                (XXXVIII) Stag Arms AR rifles.
23                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
24            rifles.
25                (XL) Uselton Arms Air-Lite M-4 rifles.
26                (XLI) Windham Weaponry AR rifles.

 

 

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1                (XLII) WMD Guns Big Beast.
2                (XLIII) Yankee Hill Machine Company, Inc.
3            YHM-15 rifles.
4            (iii) Barrett M107A1.
5            (iv) Barrett M82A1.
6            (v) Beretta CX4 Storm.
7            (vi) Calico Liberty Series.
8            (vii) CETME Sporter.
9            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
10        AR 110C.
11            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
12        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
13            (x) Feather Industries AT-9.
14            (xi) Galil Model AR and Model ARM.
15            (xii) Hi-Point Carbine.
16            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
17            (xiv) IWI TAVOR, Galil ACE rifle.
18            (xv) Kel-Tec Sub-2000, SU-16, and RFB.
19            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
20        Sauer SG 551, and SIG MCX.
21            (xvii) Springfield Armory SAR-48.
22            (xviii) Steyr AUG.
23            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
24        M-14/20CF.
25            (xx) All Thompson rifles, including the following:
26                (I) Thompson M1SB.

 

 

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1                (II) Thompson T1100D.
2                (III) Thompson T150D.
3                (IV) Thompson T1B.
4                (V) Thompson T1B100D.
5                (VI) Thompson T1B50D.
6                (VII) Thompson T1BSB.
7                (VIII) Thompson T1-C.
8                (IX) Thompson T1D.
9                (X) Thompson T1SB.
10                (XI) Thompson T5.
11                (XII) Thompson T5100D.
12                (XIII) Thompson TM1.
13                (XIV) Thompson TM1C.
14            (xxi) UMAREX UZI rifle.
15            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
16        UZI Model B Carbine.
17            (xxiii) Valmet M62S, M71S, and M78.
18            (xxiv) Vector Arms UZI Type.
19            (xxv) Weaver Arms Nighthawk.
20            (xxvi) Wilkinson Arms Linda Carbine.
21        (K) All of the following pistols, copies, duplicates,
22    variants, or altered facsimiles with the capability of any
23    such weapon thereof:
24            (i) All AK types, including the following:
25                (I) Centurion 39 AK pistol.
26                (II) CZ Scorpion pistol.

 

 

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1                (III) Draco AK-47 pistol.
2                (IV) HCR AK-47 pistol.
3                (V) IO Inc. Hellpup AK-47 pistol.
4                (VI) Krinkov pistol.
5                (VII) Mini Draco AK-47 pistol.
6                (VIII) PAP M92 pistol.
7                (IX) Yugo Krebs Krink pistol.
8            (ii) All AR types, including the following:
9                (I) American Spirit AR-15 pistol.
10                (II) Bushmaster Carbon 15 pistol.
11                (III) Chiappa Firearms M4 Pistol GEN II.
12                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
13                (V) Daniel Defense MK18 pistol.
14                (VI) DoubleStar Corporation AR pistol.
15                (VII) DPMS AR-15 pistol.
16                (VIII) Jesse James Nomad AR-15 pistol.
17                (IX) Olympic Arms AR-15 pistol.
18                (X) Osprey Armament MK-18 pistol.
19                (XI) POF USA AR pistols.
20                (XII) Rock River Arms LAR 15 pistol.
21                (XIII) Uselton Arms Air-Lite M-4 pistol.
22            (iii) Calico pistols.
23            (iv) DSA SA58 PKP FAL pistol.
24            (v) Encom MP-9 and MP-45.
25            (vi) Heckler & Koch model SP-89 pistol.
26            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and

 

 

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1        TEC-DC9.
2            (viii) IWI Galil Ace pistol, UZI PRO pistol.
3            (ix) Kel-Tec PLR 16 pistol.
4            (x) All MAC types, including the following:
5                (I) MAC-10.
6                (II) MAC-11.
7                (III) Masterpiece Arms MPA A930 Mini Pistol,
8            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
9            Tactical Pistol.
10                (IV) Military Armament Corp. Ingram M-11.
11                (V) Velocity Arms VMAC.
12            (xi) Sig Sauer P556 pistol.
13            (xii) Sites Spectre.
14            (xiii) All Thompson types, including the
15        following:
16                (I) Thompson TA510D.
17                (II) Thompson TA5.
18            (xiv) All UZI types, including Micro-UZI.
19        (L) All of the following shotguns, copies, duplicates,
20    variants, or altered facsimiles with the capability of any
21    such weapon thereof:
22            (i) DERYA Anakon MC-1980, Anakon SD12.
23            (ii) Doruk Lethal shotguns.
24            (iii) Franchi LAW-12 and SPAS 12.
25            (iv) All IZHMASH Saiga 12 types, including the
26        following:

 

 

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1                (I) IZHMASH Saiga 12.
2                (II) IZHMASH Saiga 12S.
3                (III) IZHMASH Saiga 12S EXP-01.
4                (IV) IZHMASH Saiga 12K.
5                (V) IZHMASH Saiga 12K-030.
6                (VI) IZHMASH Saiga 12K-040 Taktika.
7            (v) Streetsweeper.
8            (vi) Striker 12.
9    (2) "Assault weapon" does not include:
10        (A) Any firearm that is an unserviceable firearm or
11    has been made permanently inoperable.
12        (B) An antique firearm or a replica of an antique
13    firearm.
14        (C) A firearm that is manually operated by bolt, pump,
15    lever or slide action, unless the firearm is a shotgun
16    with a revolving cylinder.
17        (D) Any air rifle as defined in Section 24.8-0.1 of
18    this Code.
19        (E) Any handgun, as defined under the Firearm
20    Concealed Carry Act, unless otherwise listed in this
21    Section.
22    (3) "Assault weapon attachment" means any device capable
23of being attached to a firearm that is specifically designed
24for making or converting a firearm into any of the firearms
25listed in paragraph (1) of this subsection (a).
26    (4) "Antique firearm" has the meaning ascribed to it in 18

 

 

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1U.S.C. 921(a)(16).
2    (5) ".50 caliber rifle" means a centerfire rifle capable
3of firing a .50 caliber cartridge. The term does not include
4any antique firearm, any shotgun including a shotgun that has
5a rifle barrel, or any muzzle-loader which uses black powder
6for hunting or historical reenactments.
7    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
8caliber, either by designation or actual measurement, that is
9capable of being fired from a centerfire rifle. The term ".50
10caliber cartridge" does not include any memorabilia or display
11item that is filled with a permanent inert substance or that is
12otherwise permanently altered in a manner that prevents ready
13modification for use as live ammunition or shotgun ammunition
14with a caliber measurement that is equal to or greater than .50
15caliber.
16    (7) "Detachable magazine" means an ammunition feeding
17device that may be removed from a firearm without disassembly
18of the firearm action, including an ammunition feeding device
19that may be readily removed from a firearm with the use of a
20bullet, cartridge, accessory, or other tool, or any other
21object that functions as a tool, including a bullet or
22cartridge.
23    (8) "Fixed magazine" means an ammunition feeding device
24that is permanently attached to a firearm, or contained in and
25not removable from a firearm, or that is otherwise not a
26detachable magazine, but does not include an attached tubular

 

 

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1device designed to accept, and capable of operating only with,
2.22 caliber rimfire ammunition.
3    (b) Except as provided in subsections (c), (d), and (e),
4on or after January 10, 2023 (the effective date of Public Act
5102-1116) this amendatory Act of the 102nd General Assembly,
6it is unlawful for any person within this State to knowingly
7manufacture, deliver, sell, import, or purchase or cause to be
8manufactured, delivered, sold, imported, or purchased by
9another, an assault weapon, assault weapon attachment, .50
10caliber rifle, or .50 caliber cartridge.
11    (c) Except as otherwise provided in subsection (d),
12beginning January 1, 2024, it is unlawful for any person
13within this State to knowingly possess an assault weapon,
14assault weapon attachment, .50 caliber rifle, or .50 caliber
15cartridge.
16    (d) This Section does not apply to a person's possession
17of an assault weapon, assault weapon attachment, .50 caliber
18rifle, or .50 caliber cartridge device if the person lawfully
19possessed that assault weapon, assault weapon attachment, .50
20caliber rifle, or .50 caliber cartridge prohibited by
21subsection (c) of this Section, if the person has provided in
22an endorsement affidavit, prior to January 1, 2024, under oath
23or affirmation and in the form and manner prescribed by the
24Illinois State Police, no later than October 1, 2023:
25        (1) (blank) the affiant's Firearm Owner's
26    Identification Card number;

 

 

HB5199- 251 -LRB103 38448 RLC 68584 b

1        (2) an affirmation that the affiant: (i) possessed an
2    assault weapon, assault weapon attachment, .50 caliber
3    rifle, or .50 caliber cartridge before January 10, 2023
4    (the effective date of Public Act 102-1116) this
5    amendatory Act of the 102nd General Assembly; or (ii)
6    inherited the assault weapon, assault weapon attachment,
7    .50 caliber rifle, or .50 caliber cartridge from a person
8    with an endorsement under this Section or from a person
9    authorized under subdivisions (1) through (5) of
10    subsection (e) to possess the assault weapon, assault
11    weapon attachment, .50 caliber rifle, or .50 caliber
12    cartridge; and
13        (3) the make, model, caliber, and serial number of the
14    .50 caliber rifle or assault weapon or assault weapons
15    listed in paragraphs (J), (K), and (L) of subdivision (1)
16    of subsection (a) of this Section possessed by the affiant
17    prior to January 10, 2023 (the effective date of Public
18    Act 102-1116) this amendatory Act of the 102nd General
19    Assembly and any assault weapons identified and published
20    by the Illinois State Police pursuant to this subdivision
21    (3). No later than October 1, 2023, and every October 1
22    thereafter, the Illinois State Police shall, via
23    rulemaking, identify, publish, and make available on its
24    website, the list of assault weapons subject to an
25    endorsement affidavit under this subsection (d). The list
26    shall identify, but is not limited to, the copies,

 

 

HB5199- 252 -LRB103 38448 RLC 68584 b

1    duplicates, variants, and altered facsimiles of the
2    assault weapons identified in paragraphs (J), (K), and (L)
3    of subdivision (1) of subsection (a) of this Section and
4    shall be consistent with the definition of "assault
5    weapon" identified in this Section. The Illinois State
6    Police may adopt emergency rulemaking in accordance with
7    Section 5-45 of the Illinois Administrative Procedure Act.
8    The adoption of emergency rules authorized by Section 5-45
9    of the Illinois Administrative Procedure Act and this
10    paragraph is deemed to be necessary for the public
11    interest, safety, and welfare.
12    The affidavit form shall include the following statement
13printed in bold type: "Warning: Entering false information on
14this form is punishable as perjury under Section 32-2 of the
15Criminal Code of 2012. Entering false information on this form
16is a violation of the Firearm Owners Identification Card Act."
17    In any administrative, civil, or criminal proceeding in
18this State, a completed endorsement affidavit submitted to the
19Illinois State Police by a person under this Section creates a
20rebuttable presumption that the person is entitled to possess
21and transport the assault weapon, assault weapon attachment,
22.50 caliber rifle, or .50 caliber cartridge.
23    Beginning 90 days after January 10, 2023 (the effective
24date of Public Act 102-1116) this amendatory Act of the 102nd
25General Assembly, a person authorized under this Section to
26possess an assault weapon, assault weapon attachment, .50

 

 

HB5199- 253 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 254 -LRB103 38448 RLC 68584 b

1or .50 caliber cartridge only to an heir, an individual
2residing in another state maintaining it in another state, or
3a dealer licensed as a federal firearms dealer under Section
4923 of the federal Gun Control Act of 1968. Within 10 days
5after transfer of the weapon except to an heir, the person
6shall notify the Illinois State Police of the name and address
7of the transferee and comply with the requirements of
8subsection (b) of Section 3 of the Firearm Owners
9Identification Card Act. The person to whom the weapon or
10ammunition is transferred shall, within 60 days of the
11transfer, complete an affidavit required under this Section. A
12person to whom the weapon is transferred may transfer it only
13as provided in this subsection.
14    Except as provided in subsection (e) and beginning on
15January 1, 2024, any person who moves into this State in
16possession of an assault weapon, assault weapon attachment,
17.50 caliber rifle, or .50 caliber cartridge shall, within 60
18days, apply for a Firearm Owners Identification Card and
19complete an endorsement application as outlined in subsection
20(d).
21    Notwithstanding any other law, information contained in
22the endorsement affidavit shall be confidential, is exempt
23from disclosure under the Freedom of Information Act, and
24shall not be disclosed, except to law enforcement agencies
25acting in the performance of their duties.
26    (e) The provisions of this Section regarding the purchase

 

 

HB5199- 255 -LRB103 38448 RLC 68584 b

1or possession of assault weapons, assault weapon attachments,
2.50 caliber rifles, and .50 cartridges, as well as the
3provisions of this Section that prohibit causing those items
4to be purchased or possessed, do not apply to:
5        (1) Peace officers, as defined in Section 2-13 of this
6    Code.
7        (2) Qualified law enforcement officers and qualified
8    retired law enforcement officers as defined in the Law
9    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
10    and 926C) and as recognized under Illinois law.
11        (3) Acquisition and possession by a federal, State, or
12    local law enforcement agency for the purpose of equipping
13    the agency's peace officers as defined in paragraph (1) or
14    (2) of this subsection (e).
15        (4) 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        (5) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while
20    performing their official duties or while traveling to or
21    from their places of duty.
22        (6) Any company that employs armed security officers
23    in this State at a nuclear energy, storage, weapons, or
24    development site or facility regulated by the federal
25    Nuclear Regulatory Commission and any person employed as
26    an armed security force member at a nuclear energy,

 

 

HB5199- 256 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 257 -LRB103 38448 RLC 68584 b

1    export.
2    This Section does not apply to or affect any of the
3following:
4        (i) Possession of any firearm if that firearm is
5    sanctioned by the International Olympic Committee and by
6    USA Shooting, the national governing body for
7    international shooting competition in the United States,
8    but only when the firearm is in the actual possession of an
9    Olympic target shooting competitor or target shooting
10    coach for the purpose of storage, transporting to and from
11    Olympic target shooting practice or events if the firearm
12    is broken down in a nonfunctioning state, is not
13    immediately accessible, or is unloaded and enclosed in a
14    firearm case, carrying box, shipping box, or other similar
15    portable container designed for the safe transportation of
16    firearms, and when the Olympic target shooting competitor
17    or target shooting coach is engaging in those practices or
18    events. For the purposes of this paragraph (8), "firearm"
19    has the meaning provided in Section 2-7.5 1.1 of the
20    Firearm Owners Identification Card Act.
21        (ii) Any nonresident who transports, within 24 hours,
22    a weapon for any lawful purpose from any place where the
23    nonresident may lawfully possess and carry that weapon to
24    any other place where the nonresident may lawfully possess
25    and carry that weapon if, during the transportation, the
26    weapon is unloaded, and neither the weapon nor any

 

 

HB5199- 258 -LRB103 38448 RLC 68584 b

1    ammunition being transported is readily accessible or is
2    directly accessible from the passenger compartment of the
3    transporting vehicle. In the case of a vehicle without a
4    compartment separate from the driver's compartment, the
5    weapon or ammunition shall be contained in a locked
6    container other than the glove compartment or console.
7        (iii) Possession of a weapon at an event taking place
8    at the World Shooting and Recreational Complex at Sparta,
9    only while engaged in the legal use of the weapon, or while
10    traveling to or from that location if the weapon is broken
11    down in a nonfunctioning state, is not immediately
12    accessible, or is unloaded and enclosed in a firearm case,
13    carrying box, shipping box, or other similar portable
14    container designed for the safe transportation of
15    firearms.
16        (iv) Possession of a weapon only for hunting use
17    expressly permitted under the Wildlife Code, or while
18    traveling to or from a location authorized for this
19    hunting use under the Wildlife Code if the weapon is
20    broken down in a nonfunctioning state, is not immediately
21    accessible, or is unloaded and enclosed in a firearm case,
22    carrying box, shipping box, or other similar portable
23    container designed for the safe transportation of
24    firearms. By October 1, 2023, the Illinois State Police,
25    in consultation with the Department of Natural Resources,
26    shall adopt rules concerning the list of applicable

 

 

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1    weapons approved under this subparagraph (iv). The
2    Illinois State Police may adopt emergency rules in
3    accordance with Section 5-45 of the Illinois
4    Administrative Procedure Act. The adoption of emergency
5    rules authorized by Section 5-45 of the Illinois
6    Administrative Procedure Act and this paragraph is deemed
7    to be necessary for the public interest, safety, and
8    welfare.
9        (v) The manufacture, transportation, possession, sale,
10    or rental of blank-firing assault weapons and .50 caliber
11    rifles, or the weapon's respective attachments, to persons
12    authorized or permitted, or both authorized and permitted,
13    to acquire and possess these weapons or attachments for
14    the purpose of rental for use solely as props for a motion
15    picture, television, or video production or entertainment
16    event.
17    Any person not subject to this Section may submit an
18endorsement affidavit if the person chooses.
19    (f) Any sale or transfer with a background check initiated
20to the Illinois State Police on or before January 10, 2023 (the
21effective date of Public Act 102-1116) this amendatory Act of
22the 102nd General Assembly is allowed to be completed after
23January 10, 2023 the effective date of this amendatory Act
24once an approval is issued by the Illinois State Police and any
25applicable waiting period under Section 24-3 has expired.
26    (g) The Illinois State Police shall take all steps

 

 

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1necessary to carry out the requirements of this Section within
2by October 1, 2023.
3    (h) The Illinois Department of the State Police shall also
4develop and implement a public notice and public outreach
5campaign to promote awareness about the provisions of Public
6Act 102-1116 this amendatory Act of the 102nd General Assembly
7and to increase compliance with this Section.
8(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
9    (720 ILCS 5/24-1.10)
10    Sec. 24-1.10. Manufacture, delivery, sale, and possession
11of large capacity ammunition feeding devices.
12    (a) In this Section:
13    "Handgun" has the meaning ascribed to it in the Firearm
14Concealed Carry Act.
15    "Long gun" means a rifle or shotgun.
16    "Large capacity ammunition feeding device" means:
17        (1) a magazine, belt, drum, feed strip, or similar
18    device that has a capacity of, or that can be readily
19    restored or converted to accept, more than 10 rounds of
20    ammunition for long guns and more than 15 rounds of
21    ammunition for handguns; or
22        (2) any combination of parts from which a device
23    described in paragraph (1) can be assembled.
24    "Large capacity ammunition feeding device" does not
25include an attached tubular device designed to accept, and

 

 

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1capable of operating only with, .22 caliber rimfire
2ammunition. "Large capacity ammunition feeding device" does
3not include a tubular magazine that is contained in a
4lever-action firearm or any device that has been made
5permanently inoperable.
6    (b) Except as provided in subsections (e) and (f), it is
7unlawful for any person within this State to knowingly
8manufacture, deliver, sell, purchase, or cause to be
9manufactured, delivered, sold, or purchased a large capacity
10ammunition feeding device.
11    (c) Except as provided in subsections (d), (e), and (f),
12and beginning 90 days after January 10, 2023 (the effective
13date of Public Act 102-1116) this amendatory Act of the 102nd
14General Assembly, it is unlawful to knowingly possess a large
15capacity ammunition feeding device.
16    (d) Subsection (c) does not apply to a person's possession
17of a large capacity ammunition feeding device if the person
18lawfully possessed that large capacity ammunition feeding
19device before January 10, 2023 (the effective date of Public
20Act 102-1116) this amendatory Act of the 102nd General
21Assembly, provided that the person shall possess such device
22only:
23        (1) on private property owned or immediately
24    controlled by the person;
25        (2) on private property that is not open to the public
26    with the express permission of the person who owns or

 

 

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1    immediately controls such property;
2        (3) while on the premises of a licensed firearms
3    dealer or gunsmith for the purpose of lawful repair;
4        (4) while engaged in the legal use of the large
5    capacity ammunition feeding device at a properly licensed
6    firing range or sport shooting competition venue; or
7        (5) while traveling to or from these locations,
8    provided that the large capacity ammunition feeding device
9    is stored unloaded and enclosed in a case, firearm
10    carrying box, shipping box, or other container.
11    A person authorized under this Section to possess a large
12capacity ammunition feeding device may transfer the large
13capacity ammunition feeding device only to an heir, an
14individual residing in another state maintaining it in another
15state, or a dealer licensed as a federal firearms dealer under
16Section 923 of the federal Gun Control Act of 1968. Within 10
17days after transfer of the large capacity ammunition feeding
18device except to an heir, the person shall notify the Illinois
19State Police of the name and address of the transferee and
20comply with the requirements of subsection (b) of Section 3 of
21the Firearm Owners Identification Card Act. The person to whom
22the large capacity ammunition feeding device is transferred
23shall, within 60 days of the transfer, notify the Illinois
24State Police of the person's acquisition and comply with the
25requirements of subsection (b) of Section 3 of the Firearm
26Owners Identification Card Act. A person to whom the large

 

 

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

 

 

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1    performing their official duties or while traveling to or
2    from their places of duty.
3        (6) Any company that employs armed security officers
4    in this State at a nuclear energy, storage, weapons, or
5    development site or facility regulated by the federal
6    Nuclear Regulatory Commission and any person employed as
7    an armed security force member at a nuclear energy,
8    storage, weapons, or development site or facility
9    regulated by the federal Nuclear Regulatory Commission who
10    has completed the background screening and training
11    mandated by the rules and regulations of the federal
12    Nuclear Regulatory Commission and while performing
13    official duties.
14        (7) Any private security contractor agency licensed
15    under the Private Detective, Private Alarm, Private
16    Security, Fingerprint Vendor, and Locksmith Act of 2004
17    that employs private security contractors and any private
18    security contractor who is licensed and has been issued a
19    firearm control card under the Private Detective, Private
20    Alarm, Private Security, Fingerprint Vendor, and Locksmith
21    Act of 2004 while performing official duties.
22    (f) This Section does not apply to or affect any of the
23following:
24        (1) Manufacture, delivery, sale, importation,
25    purchase, or possession or causing to be manufactured,
26    delivered, sold, imported, purchased, or possessed a large

 

 

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

 

 

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1Act 102-1116 this amendatory Act of the 102nd General Assembly
2and to increase compliance with this Section.
3(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
4    (720 ILCS 5/24-2)
5    Sec. 24-2. Exemptions.
6    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8the following:
9        (1) Peace officers, and any person summoned by a peace
10    officer to assist in making arrests or preserving the
11    peace, while actually engaged in assisting such officer.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense,
15    while in the performance of their official duty, or while
16    commuting between their homes and places of employment.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard or the
19    Reserve Officers Training Corps, while in the performance
20    of their official duty.
21        (4) Special agents employed by a railroad or a public
22    utility to perform police functions, and guards of armored
23    car companies, while actually engaged in the performance
24    of the duties of their employment or commuting between
25    their homes and places of employment; and watchmen while

 

 

HB5199- 267 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 268 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 269 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 270 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 271 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 272 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 273 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 274 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 275 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 276 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 277 -LRB103 38448 RLC 68584 b

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

 

 

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1    (i) Nothing in this Article shall prohibit, apply to, or
2affect the transportation, carrying, or possession, of any
3pistol or revolver, stun gun, taser, or other firearm
4consigned to a common carrier operating under license of the
5State of Illinois or the federal government, where such
6transportation, carrying, or possession is incident to the
7lawful transportation in which such common carrier is engaged;
8and nothing in this Article shall prohibit, apply to, or
9affect the transportation, carrying, or possession of any
10pistol, revolver, stun gun, taser, or other firearm, not the
11subject of and regulated by subsection 24-1(a)(7) or
12subsection 24-2(c) of this Article, which is unloaded and
13enclosed in a case, firearm carrying box, shipping box, or
14other container, by a person eligible under State and federal
15law to possess a firearm the possessor of a valid Firearm
16Owners Identification Card.
17(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
18102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
 
19    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
20    Sec. 24-3. Unlawful sale or delivery of firearms.
21    (A) A person commits the offense of unlawful sale or
22delivery of firearms when he or she knowingly does any of the
23following:
24        (a) Sells or gives any firearm of a size which may be
25    concealed upon the person to any person under 18 years of

 

 

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1    age.
2        (b) Sells or gives any firearm to a person under 21
3    years of age who has been convicted of a misdemeanor other
4    than a traffic offense or adjudged delinquent.
5        (c) Sells or gives any firearm to any narcotic addict.
6        (d) Sells or gives any firearm to any person who has
7    been convicted of a felony under the laws of this or any
8    other jurisdiction.
9        (e) Sells or gives any firearm to any person who has
10    been a patient in a mental institution within the past 5
11    years. In this subsection (e):
12            "Mental institution" means any hospital,
13        institution, clinic, evaluation facility, mental
14        health center, or part thereof, which is used
15        primarily for the care or treatment of persons with
16        mental illness.
17            "Patient in a mental institution" means the person
18        was admitted, either voluntarily or involuntarily, to
19        a mental institution for mental health treatment,
20        unless the treatment was voluntary and solely for an
21        alcohol abuse disorder and no other secondary
22        substance abuse disorder or mental illness.
23        (f) Sells or gives any firearms to any person who is a
24    person with an intellectual disability.
25        (g) Delivers any firearm, incidental to a sale,
26    without withholding delivery of the firearm for at least

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1firearms sold within 6 months after enactment of Public Act
278-355 (approved August 21, 1973, effective October 1, 1973),
3nor is any firearm legally owned or possessed by any citizen or
4purchased by any citizen within 6 months after the enactment
5of Public Act 78-355 subject to confiscation or seizure under
6the provisions of that Public Act. Nothing in Public Act
778-355 shall be construed to prohibit the gift or trade of any
8firearm if that firearm was legally held or acquired within 6
9months after the enactment of that Public Act.
10    (C) Sentence.
11        (1) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (c), (e), (f), (g),
13    or (h) of subsection (A) commits a Class 4 felony.
14        (2) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (b) or (i) of
16    subsection (A) commits a Class 3 felony.
17        (3) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (a) of subsection
19    (A) commits a Class 2 felony.
20        (4) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a), (b), or (i) of
22    subsection (A) in any school, on the real property
23    comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related
25    activity, or on or within 1,000 feet of any conveyance
26    owned, leased, or contracted by a school or school

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5199- 290 -LRB103 38448 RLC 68584 b

1102-813, eff. 5-13-22.)
 
2    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
3    Sec. 24-3.1. Unlawful possession of firearms and firearm
4ammunition.
5    (a) A person commits the offense of unlawful possession of
6firearms or firearm ammunition when:
7        (1) He is under 18 years of age and has in his
8    possession any firearm of a size which may be concealed
9    upon the person; or
10        (2) He is under 21 years of age, has been convicted of
11    a misdemeanor other than a traffic offense or adjudged
12    delinquent and has any firearms or firearm ammunition in
13    his possession; or
14        (3) He is a narcotic addict and has any firearms or
15    firearm ammunition in his possession; or
16        (4) He has been a patient in a mental institution
17    within the past 5 years and has any firearms or firearm
18    ammunition in his possession. For purposes of this
19    paragraph (4):
20            "Mental institution" means any hospital,
21        institution, clinic, evaluation facility, mental
22        health center, or part thereof, which is used
23        primarily for the care or treatment of persons with
24        mental illness.
25            "Patient in a mental institution" means the person

 

 

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

 

 

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

 

 

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

 

 

HB5199- 294 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1manufacturer, or federal firearms dealer.
2    (c) Beginning 180 days after May 18, 2022 (the effective
3date of Public Act 102-889) this amendatory Act of the 102nd
4General Assembly, it is unlawful for any person to knowingly
5possess, transport, or receive an unfinished frame or
6receiver, unless:
7        (1) the party possessing or receiving the unfinished
8    frame or receiver is a federal firearms importer or
9    federal firearms manufacturer;
10        (2) the unfinished frame or receiver is possessed or
11    transported by a person for transfer to a federal firearms
12    importer or federal firearms manufacturer; or
13        (3) the unfinished frame or receiver has been
14    imprinted with a serial number issued by a federal
15    firearms importer or federal firearms manufacturer in
16    compliance with subsection (f) of this Section.
17    (d) Beginning 180 days after May 18, 2022 (the effective
18date of Public Act 102-889) this amendatory Act of the 102nd
19General Assembly, unless the party receiving the firearm is a
20federal firearms importer or federal firearms manufacturer, it
21is unlawful for any person to knowingly possess, purchase,
22transport, or receive a firearm that is not imprinted with a
23serial number by (1) a federal firearms importer or federal
24firearms manufacturer in compliance with all federal laws and
25regulations regulating the manufacture and import of firearms
26or (2) a federal firearms manufacturer, federal firearms

 

 

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1dealer, or other federal licensee authorized to provide
2marking services in compliance with the unserialized firearm
3serialization process under subsection (f) of this Section.
4    (e) Any firearm or unfinished frame or receiver
5manufactured using a three-dimensional printer must also be
6serialized in accordance with the requirements of subsection
7(f) within 30 days after May 18, 2022 (the effective date of
8Public Act 102-889) this amendatory Act of the 102nd General
9Assembly, or prior to reaching a stage of manufacture where it
10may be readily completed, assembled, or converted to be a
11functional firearm.
12    (f) Unserialized unfinished frames or receivers and
13unserialized firearms serialized pursuant to this Section
14shall be serialized in compliance with all of the following:
15        (1) An unserialized unfinished frame or receiver and
16    unserialized firearm shall be serialized by a federally
17    licensed firearms dealer or other federal licensee
18    authorized to provide marking services with the licensee's
19    abbreviated federal firearms license number as a prefix
20    (which is the first 3 and last 5 digits) followed by a
21    hyphen, and then followed by a number as a suffix, such as
22    12345678-(number). The serial number or numbers must be
23    placed in a manner that accords with the requirements
24    under federal law for affixing serial numbers to firearms,
25    including the requirements that the serial number or
26    numbers be at the minimum size and depth, and not

 

 

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

 

 

HB5199- 309 -LRB103 38448 RLC 68584 b

1    or other federal licensee that engraves, casts, stamps, or
2    otherwise conspicuously and permanently places a unique
3    serial number pursuant to this Section shall review and
4    confirm the validity of the owner's Firearm Owner's
5    Identification Card issued under the Firearm Owners
6    Identification Card Act prior to returning the firearm to
7    the owner.
8    (g) Within 30 days after May 18, 2022 (the effective date
9of Public Act 102-889) this amendatory Act of the 102nd
10General Assembly, the Director of the Illinois State Police
11shall issue a public notice regarding the provisions of this
12Section. The notice shall include posting on the Illinois
13State Police website and may include written notification or
14any other means of communication statewide to all
15Illinois-based federal firearms manufacturers, federal
16firearms dealers, or other federal licensees authorized to
17provide marking services in compliance with the serialization
18process in subsection (f) in order to educate the public.
19    (h) Exceptions. This Section does not apply to an
20unserialized unfinished frame or receiver or an unserialized
21firearm that:
22        (1) has been rendered permanently inoperable;
23        (2) is an antique firearm, as defined in 18 U.S.C.
24    921(a)(16);
25        (3) was manufactured prior to October 22, 1968;
26        (4) is an unfinished frame or receiver and is

 

 

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

 

 

HB5199- 311 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 312 -LRB103 38448 RLC 68584 b

1    defense of another; or
2        (2) to any firearm obtained by a minor under the age of
3    14 because of an unlawful entry of the premises by the
4    minor or another person.
5    (d) (Blank). For the purposes of this Section, "firearm"
6has the meaning ascribed to it in Section 1.1 of the Firearm
7Owners Identification Card Act.
8(Source: P.A. 91-18, eff. 1-1-00.)
 
9    Section 165. The Methamphetamine Control and Community
10Protection Act is amended by changing Section 10 as follows:
 
11    (720 ILCS 646/10)
12    Sec. 10. Definitions. As used in this Act:
13    "Anhydrous ammonia" has the meaning provided in subsection
14(d) of Section 3 of the Illinois Fertilizer Act of 1961.
15    "Anhydrous ammonia equipment" means all items used to
16store, hold, contain, handle, transfer, transport, or apply
17anhydrous ammonia for lawful purposes.
18    "Booby trap" means any device designed to cause physical
19injury when triggered by an act of a person approaching,
20entering, or moving through a structure, a vehicle, or any
21location where methamphetamine has been manufactured, is being
22manufactured, or is intended to be manufactured.
23    "Deliver" or "delivery" has the meaning provided in
24subsection (h) of Section 102 of the Illinois Controlled

 

 

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

 

 

HB5199- 314 -LRB103 38448 RLC 68584 b

1Card Act.
2    "Manufacture" means to produce, prepare, compound,
3convert, process, synthesize, concentrate, purify, separate,
4extract, or package any methamphetamine, methamphetamine
5precursor, methamphetamine manufacturing catalyst,
6methamphetamine manufacturing reagent, methamphetamine
7manufacturing solvent, or any substance containing any of the
8foregoing.
9    "Methamphetamine" means the chemical methamphetamine (a
10Schedule II controlled substance under the Illinois Controlled
11Substances Act) or any salt, optical isomer, salt of optical
12isomer, or analog thereof, with the exception of
133,4-Methylenedioxymethamphetamine (MDMA) or any other
14scheduled substance with a separate listing under the Illinois
15Controlled Substances Act.
16    "Methamphetamine manufacturing catalyst" means any
17substance that has been used, is being used, or is intended to
18be used to activate, accelerate, extend, or improve a chemical
19reaction involved in the manufacture of methamphetamine.
20    "Methamphetamine manufacturing environment" means a
21structure or vehicle in which:
22        (1) methamphetamine is being or has been manufactured;
23        (2) chemicals that are being used, have been used, or
24    are intended to be used to manufacture methamphetamine are
25    stored;
26        (3) methamphetamine manufacturing materials that have

 

 

HB5199- 315 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 316 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 317 -LRB103 38448 RLC 68584 b

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

 

 

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1drinks. "Unauthorized container" does not encompass anhydrous
2ammonia manufacturing plants, refrigeration systems where
3anhydrous ammonia is used solely as a refrigerant, anhydrous
4ammonia transportation pipelines, anhydrous ammonia tankers,
5or anhydrous ammonia barges.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    Section 170. The Code of Criminal Procedure of 1963 is
8amended by changing Sections 102-7.1, 110-10, 112A-5.5,
9112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as
10follows:
 
11    (725 ILCS 5/102-7.1)
12    Sec. 102-7.1. "Category A offense". "Category A offense"
13means a Class 1 felony, Class 2 felony, Class X felony, first
14degree murder, a violation of Section 11-204 of the Illinois
15Vehicle Code, a second or subsequent violation of Section
1611-501 of the Illinois Vehicle Code, a violation of subsection
17(d) of Section 11-501 of the Illinois Vehicle Code, a
18violation of Section 11-401 of the Illinois Vehicle Code if
19the crash results in injury and the person failed to report the
20crash within 30 minutes, a violation of Section 9-3, 9-3.4,
2110-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
2212-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
2312-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
2425-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or

 

 

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1subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
2of 2012, a violation of paragraph (5) or (6) of subsection (b)
3of Section 10-9 of the Criminal Code of 2012, a violation of
4subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
5of Section 11-1.50 of the Criminal Code of 2012, a violation of
6Section 12-7 of the Criminal Code of 2012 if the defendant
7inflicts bodily harm on the victim to obtain a confession,
8statement, or information, a violation of Section 12-7.5 of
9the Criminal Code of 2012 if the action results in bodily harm,
10a violation of paragraph (3) of subsection (b) of Section 17-2
11of the Criminal Code of 2012, a violation of subdivision
12(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
13violation of paragraph (6) of subsection (a) of Section 24-1
14of the Criminal Code of 2012, a first violation of Section
1524-1.6 of the Criminal Code of 2012 by a person 18 years of age
16or older where the factors listed in both items (A) and (C) or
17both items (A-5) and (C) of paragraph (3) of subsection (a) of
18Section 24-1.6 of the Criminal Code of 2012 are present, a
19Class 3 felony violation of paragraph (1) of subsection (a) of
20Section 2 of the Firearm Owners Identification Card Act
21committed before the effective date of this amendatory Act of
22the 103rd General Assembly, or a violation of Section 10 of the
23Sex Offender Registration Act.
24(Source: P.A. 102-982, eff. 7-1-23.)
 
25    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)

 

 

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1    Sec. 110-10. Conditions of pretrial release.
2    (a) If a person is released prior to conviction, the
3conditions of pretrial release shall be that he or she will:
4        (1) Appear to answer the charge in the court having
5    jurisdiction on a day certain and thereafter as ordered by
6    the court until discharged or final order of the court;
7        (2) Submit himself or herself to the orders and
8    process of the court;
9        (3) (Blank);
10        (4) Not violate any criminal statute of any
11    jurisdiction;
12        (5) At a time and place designated by the court,
13    surrender all firearms in his or her possession to a law
14    enforcement officer designated by the court to take
15    custody of and impound the firearms and physically
16    surrender his or her Firearm Owner's Identification Card
17    to the clerk of the circuit court when the offense the
18    person has been charged with is a forcible felony,
19    stalking, aggravated stalking, domestic battery, any
20    violation of the Illinois Controlled Substances Act, the
21    Methamphetamine Control and Community Protection Act, or
22    the Cannabis Control Act that is classified as a Class 2 or
23    greater felony, or any felony violation of Article 24 of
24    the Criminal Code of 1961 or the Criminal Code of 2012; the
25    court may, however, forgo the imposition of this condition
26    when the circumstances of the case clearly do not warrant

 

 

HB5199- 321 -LRB103 38448 RLC 68584 b

1    it or when its imposition would be impractical; if the
2    Firearm Owner's Identification Card is confiscated, the
3    clerk of the circuit court shall mail the confiscated card
4    to the Illinois State Police; all legally possessed
5    firearms shall be returned to the person upon the charges
6    being dismissed, or if the person is found not guilty,
7    unless the finding of not guilty is by reason of insanity;
8    and
9        (6) At a time and place designated by the court,
10    submit to a psychological evaluation when the person has
11    been charged with a violation of item (4) of subsection
12    (a) of Section 24-1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 and that violation occurred in a
14    school or in any conveyance owned, leased, or contracted
15    by a school to transport students to or from school or a
16    school-related activity, or on any public way within 1,000
17    feet of real property comprising any school.
18    Psychological evaluations ordered pursuant to this Section
19shall be completed promptly and made available to the State,
20the defendant, and the court. As a further condition of
21pretrial release under these circumstances, the court shall
22order the defendant to refrain from entering upon the property
23of the school, including any conveyance owned, leased, or
24contracted by a school to transport students to or from school
25or a school-related activity, or on any public way within
261,000 feet of real property comprising any school. Upon

 

 

HB5199- 322 -LRB103 38448 RLC 68584 b

1receipt of the psychological evaluation, either the State or
2the defendant may request a change in the conditions of
3pretrial release, pursuant to Section 110-6 of this Code. The
4court may change the conditions of pretrial release to include
5a requirement that the defendant follow the recommendations of
6the psychological evaluation, including undergoing psychiatric
7treatment. The conclusions of the psychological evaluation and
8any statements elicited from the defendant during its
9administration are not admissible as evidence of guilt during
10the course of any trial on the charged offense, unless the
11defendant places his or her mental competency in issue.
12    (b) Additional conditions of release shall be set only
13when it is determined that they are necessary to ensure the
14defendant's appearance in court, ensure the defendant does not
15commit any criminal offense, ensure the defendant complies
16with all conditions of pretrial release, prevent the
17defendant's unlawful interference with the orderly
18administration of justice, or ensure compliance with the rules
19and procedures of problem solving courts. However, conditions
20shall include the least restrictive means and be
21individualized. Conditions shall not mandate rehabilitative
22services unless directly tied to the risk of pretrial
23misconduct. Conditions of supervision shall not include
24punitive measures such as community service work or
25restitution. Conditions may include the following:
26        (0.05) Not depart this State without leave of the

 

 

HB5199- 323 -LRB103 38448 RLC 68584 b

1    court;
2        (1) Report to or appear in person before such person
3    or agency as the court may direct;
4        (2) Refrain from possessing a firearm or other
5    dangerous weapon;
6        (3) Refrain from approaching or communicating with
7    particular persons or classes of persons;
8        (4) Refrain from going to certain described geographic
9    areas or premises;
10        (5) Be placed under direct supervision of the Pretrial
11    Services Agency, Probation Department or Court Services
12    Department in a pretrial home supervision capacity with or
13    without the use of an approved electronic monitoring
14    device subject to Article 8A of Chapter V of the Unified
15    Code of Corrections;
16        (6) For persons charged with violating Section 11-501
17    of the Illinois Vehicle Code, refrain from operating a
18    motor vehicle not equipped with an ignition interlock
19    device, as defined in Section 1-129.1 of the Illinois
20    Vehicle Code, pursuant to the rules promulgated by the
21    Secretary of State for the installation of ignition
22    interlock devices. Under this condition the court may
23    allow a defendant who is not self-employed to operate a
24    vehicle owned by the defendant's employer that is not
25    equipped with an ignition interlock device in the course
26    and scope of the defendant's employment;

 

 

HB5199- 324 -LRB103 38448 RLC 68584 b

1        (7) Comply with the terms and conditions of an order
2    of protection issued by the court under the Illinois
3    Domestic Violence Act of 1986 or an order of protection
4    issued by the court of another state, tribe, or United
5    States territory;
6        (8) Sign a written admonishment requiring that he or
7    she comply with the provisions of Section 110-12 regarding
8    any change in his or her address. The defendant's address
9    shall at all times remain a matter of record with the clerk
10    of the court; and
11        (9) Such other reasonable conditions as the court may
12    impose, so long as these conditions are the least
13    restrictive means to achieve the goals listed in
14    subsection (b), are individualized, and are in accordance
15    with national best practices as detailed in the Pretrial
16    Supervision Standards of the Supreme Court.
17    The defendant shall receive verbal and written
18notification of conditions of pretrial release and future
19court dates, including the date, time, and location of court.
20    (c) When a person is charged with an offense under Section
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
23Criminal Code of 2012, involving a victim who is a minor under
2418 years of age living in the same household with the defendant
25at the time of the offense, in releasing the defendant, the
26judge shall impose conditions to restrict the defendant's

 

 

HB5199- 325 -LRB103 38448 RLC 68584 b

1access to the victim which may include, but are not limited to
2conditions that he will:
3        1. Vacate the household.
4        2. Make payment of temporary support to his
5    dependents.
6        3. Refrain from contact or communication with the
7    child victim, except as ordered by the court.
8    (d) When a person is charged with a criminal offense and
9the victim is a family or household member as defined in
10Article 112A, conditions shall be imposed at the time of the
11defendant's release that restrict the defendant's access to
12the victim. Unless provided otherwise by the court, the
13restrictions shall include requirements that the defendant do
14the following:
15        (1) refrain from contact or communication with the
16    victim for a minimum period of 72 hours following the
17    defendant's release; and
18        (2) refrain from entering or remaining at the victim's
19    residence for a minimum period of 72 hours following the
20    defendant's release.
21    (e) Local law enforcement agencies shall develop
22standardized pretrial release forms for use in cases involving
23family or household members as defined in Article 112A,
24including specific conditions of pretrial release as provided
25in subsection (d). Failure of any law enforcement department
26to develop or use those forms shall in no way limit the

 

 

HB5199- 326 -LRB103 38448 RLC 68584 b

1applicability and enforcement of subsections (d) and (f).
2    (f) If the defendant is released after conviction
3following appeal or other post-conviction proceeding, the
4conditions of the pretrial release shall be that he will, in
5addition to the conditions set forth in subsections (a) and
6(b) hereof:
7        (1) Duly prosecute his appeal;
8        (2) Appear at such time and place as the court may
9    direct;
10        (3) Not depart this State without leave of the court;
11        (4) Comply with such other reasonable conditions as
12    the court may impose; and
13        (5) If the judgment is affirmed or the cause reversed
14    and remanded for a new trial, forthwith surrender to the
15    officer from whose custody he was released.
16    (g) Upon a finding of guilty for any felony offense, the
17defendant shall physically surrender, at a time and place
18designated by the court, any and all firearms in his or her
19possession and his or her Firearm Owner's Identification Card
20as a condition of being released pending sentencing.
21(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
22102-1104, eff. 1-1-23.)
 
23    (725 ILCS 5/112A-5.5)
24    Sec. 112A-5.5. Time for filing petition; service on
25respondent, hearing on petition, and default orders.

 

 

HB5199- 327 -LRB103 38448 RLC 68584 b

1    (a) A petition for a protective order may be filed at any
2time, in person or online, after a criminal charge or
3delinquency petition is filed and before the charge or
4delinquency petition is dismissed, the defendant or juvenile
5is acquitted, or the defendant or juvenile completes service
6of his or her sentence.
7    (b) The request for an ex parte protective order may be
8considered without notice to the respondent under Section
9112A-17.5 of this Code.
10    (c) A summons shall be issued and served for a protective
11order. The summons may be served by delivery to the respondent
12personally in open court in the criminal or juvenile
13delinquency proceeding, in the form prescribed by subsection
14(d) of Supreme Court Rule 101, except that it shall require the
15respondent to answer or appear within 7 days. Attachments to
16the summons shall include the petition for protective order,
17supporting affidavits, if any, and any ex parte protective
18order that has been issued.
19    (d) The summons shall be served by the sheriff or other law
20enforcement officer at the earliest time available and shall
21take precedence over any other summons, except those of a
22similar emergency nature. Attachments to the summons shall
23include the petition for protective order, supporting
24affidavits, if any, and any ex parte protective order that has
25been issued. Special process servers may be appointed at any
26time and their designation shall not affect the

 

 

HB5199- 328 -LRB103 38448 RLC 68584 b

1responsibilities and authority of the sheriff or other
2official process servers. In a county with a population over
33,000,000, a special process server may not be appointed if
4the protective order grants the surrender of a child, the
5surrender of a firearm or Firearm Owner's Identification Card,
6or the exclusive possession of a shared residence.
7    (e) If the respondent is not served within 30 days of the
8filing of the petition, the court shall schedule a court
9proceeding on the issue of service. Either the petitioner, the
10petitioner's counsel, or the State's Attorney shall appear and
11the court shall either order continued attempts at personal
12service or shall order service by publication, in accordance
13with Sections 2-203, 2-206, and 2-207 of the Code of Civil
14Procedure.
15    (f) The request for a final protective order can be
16considered at any court proceeding in the delinquency or
17criminal case after service of the petition. If the petitioner
18has not been provided notice of the court proceeding at least
1910 days in advance of the proceeding, the court shall schedule
20a hearing on the petition and provide notice to the
21petitioner.
22    (f-5) A court in a county with a population above 250,000
23shall offer the option of a remote hearing to a petitioner for
24a protective order. The court has the discretion to grant or
25deny the request for a remote hearing. Each court shall
26determine the procedure for a remote hearing. The petitioner

 

 

HB5199- 329 -LRB103 38448 RLC 68584 b

1and respondent may appear remotely or in person.
2    The court shall issue and publish a court order, standing
3order, or local rule detailing information about the process
4for requesting and participating in a remote court appearance.
5The court order, standing order, or local rule shall be
6published on the court's website and posted on signs
7throughout the courthouse, including in the clerk's office.
8The sign shall be written in plain language and include
9information about the availability of remote court appearances
10and the process for requesting a remote hearing.
11    (g) Default orders.
12        (1) A final domestic violence order of protection may
13    be entered by default:
14            (A) for any of the remedies sought in the
15        petition, if the respondent has been served with
16        documents under subsection (b) or (c) of this Section
17        and if the respondent fails to appear on the specified
18        return date or any subsequent hearing date agreed to
19        by the petitioner and respondent or set by the court;
20        or
21            (B) for any of the remedies provided under
22        paragraph (1), (2), (3), (5), (6), (7), (8), (9),
23        (10), (11), (14), (15), (17), or (18) of subsection
24        (b) of Section 112A-14 of this Code, or if the
25        respondent fails to answer or appear in accordance
26        with the date set in the publication notice or the

 

 

HB5199- 330 -LRB103 38448 RLC 68584 b

1        return date indicated on the service of a household
2        member.
3        (2) A final civil no contact order may be entered by
4    default for any of the remedies provided in Section
5    112A-14.5 of this Code, if the respondent has been served
6    with documents under subsection (b) or (c) of this
7    Section, and if the respondent fails to answer or appear
8    in accordance with the date set in the publication notice
9    or the return date indicated on the service of a household
10    member.
11        (3) A final stalking no contact order may be entered
12    by default for any of the remedies provided by Section
13    112A-14.7 of this Code, if the respondent has been served
14    with documents under subsection (b) or (c) of this Section
15    and if the respondent fails to answer or appear in
16    accordance with the date set in the publication notice or
17    the return date indicated on the service of a household
18    member.
19(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
 
20    (725 ILCS 5/112A-11.1)
21    Sec. 112A-11.1. Procedure for determining whether certain
22misdemeanor crimes are crimes of domestic violence for
23purposes of federal law.
24    (a) When a defendant has been charged with a violation of
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

 

 

HB5199- 331 -LRB103 38448 RLC 68584 b

1Criminal Code of 1961 or the Criminal Code of 2012, the State
2may, at arraignment or no later than 45 days after
3arraignment, for the purpose of notification to the Illinois
4State Police Firearm Owner's Identification Card Office, serve
5on the defendant and file with the court a notice alleging that
6conviction of the offense would subject the defendant to the
7prohibitions of 18 U.S.C. 922(g)(9) because of the
8relationship between the defendant and the alleged victim and
9the nature of the alleged offense.
10    (b) The notice shall include the name of the person
11alleged to be the victim of the crime and shall specify the
12nature of the alleged relationship as set forth in 18 U.S.C.
13921(a)(33)(A)(ii). It shall also specify the element of the
14charged offense which requires the use or attempted use of
15physical force, or the threatened use of a deadly weapon, as
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
17notice that the defendant is entitled to a hearing on the
18allegation contained in the notice and that if the allegation
19is sustained, that determination and conviction shall be
20reported to the Illinois State Police Firearm Owner's
21Identification Card Office.
22    (c) After having been notified as provided in subsection
23(b) of this Section, the defendant may stipulate or admit,
24orally on the record or in writing, that conviction of the
25offense would subject the defendant to the prohibitions of 18
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

 

 

HB5199- 332 -LRB103 38448 RLC 68584 b

1922(g)(9) shall be deemed established for purposes of Section
2112A-11.2. If the defendant denies the applicability of 18
3U.S.C. 922(g)(9) as alleged in the notice served by the State,
4or stands mute with respect to that allegation, then the State
5shall bear the burden to prove beyond a reasonable doubt that
6the offense is one to which the prohibitions of 18 U.S.C.
7922(g)(9) apply. The court may consider reliable hearsay
8evidence submitted by either party provided that it is
9relevant to the determination of the allegation. Facts
10previously proven at trial or elicited at the time of entry of
11a plea of guilty shall be deemed established beyond a
12reasonable doubt and shall not be relitigated. At the
13conclusion of the hearing, or upon a stipulation or admission,
14as applicable, the court shall make a specific written
15determination with respect to the allegation.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (725 ILCS 5/112A-11.2)
18    Sec. 112A-11.2. Notification to the Illinois State Police
19Firearm Owner's Identification Card Office of determinations
20in certain misdemeanor cases. Upon judgment of conviction of a
21violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
2212-3.5 of the Criminal Code of 1961 or the Criminal Code of
232012 when the defendant has been determined, under Section
24112A-11.1, to be subject to the prohibitions of 18 U.S.C.
25922(g)(9), the circuit court clerk shall include notification

 

 

HB5199- 333 -LRB103 38448 RLC 68584 b

1and a copy of the written determination in a report of the
2conviction to the Illinois State Police Firearm Owner's
3Identification Card Office to enable the office to report that
4determination to the Federal Bureau of Investigation and
5assist the Bureau in identifying persons prohibited from
6purchasing and possessing a firearm pursuant to the provisions
7of 18 U.S.C. 922.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
10    Sec. 112A-14. Domestic violence order of protection;
11remedies.
12    (a) (Blank).
13    (b) The court may order any of the remedies listed in this
14subsection (b). The remedies listed in this subsection (b)
15shall be in addition to other civil or criminal remedies
16available to petitioner.
17        (1) Prohibition of abuse. Prohibit respondent's
18    harassment, interference with personal liberty,
19    intimidation of a dependent, physical abuse, or willful
20    deprivation, as defined in this Article, if such abuse has
21    occurred or otherwise appears likely to occur if not
22    prohibited.
23        (2) Grant of exclusive possession of residence.
24    Prohibit respondent from entering or remaining in any
25    residence, household, or premises of the petitioner,

 

 

HB5199- 334 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 335 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 336 -LRB103 38448 RLC 68584 b

1    respondent has no right to enter the premises.
2            (A) If a domestic violence order of protection
3        grants petitioner exclusive possession of the
4        residence, prohibits respondent from entering the
5        residence, or orders respondent to stay away from
6        petitioner or other protected persons, then the court
7        may allow respondent access to the residence to remove
8        items of clothing and personal adornment used
9        exclusively by respondent, medications, and other
10        items as the court directs. The right to access shall
11        be exercised on only one occasion as the court directs
12        and in the presence of an agreed-upon adult third
13        party or law enforcement officer.
14            (B) When the petitioner and the respondent attend
15        the same public, private, or non-public elementary,
16        middle, or high school, the court when issuing a
17        domestic violence order of protection and providing
18        relief shall consider the severity of the act, any
19        continuing physical danger or emotional distress to
20        the petitioner, the educational rights guaranteed to
21        the petitioner and respondent under federal and State
22        law, the availability of a transfer of the respondent
23        to another school, a change of placement or a change of
24        program of the respondent, the expense, difficulty,
25        and educational disruption that would be caused by a
26        transfer of the respondent to another school, and any

 

 

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

 

 

HB5199- 338 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

HB5199- 340 -LRB103 38448 RLC 68584 b

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

 

 

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1    forth in Section 603.10 of the Illinois Marriage and
2    Dissolution of Marriage Act. If the court grants parenting
3    time, the order shall specify dates and times for the
4    parenting time to take place or other specific parameters
5    or conditions that are appropriate. No order for parenting
6    time shall refer merely to the term "reasonable parenting
7    time". Petitioner may deny respondent access to the minor
8    child if, when respondent arrives for parenting time,
9    respondent is under the influence of drugs or alcohol and
10    constitutes a threat to the safety and well-being of
11    petitioner or petitioner's minor children or is behaving
12    in a violent or abusive manner. If necessary to protect
13    any member of petitioner's family or household from future
14    abuse, respondent shall be prohibited from coming to
15    petitioner's residence to meet the minor child for
16    parenting time, and the petitioner and respondent shall
17    submit to the court their recommendations for reasonable
18    alternative arrangements for parenting time. A person may
19    be approved to supervise parenting time only after filing
20    an affidavit accepting that responsibility and
21    acknowledging accountability to the court.
22        (8) Removal or concealment of minor child. Prohibit
23    respondent from removing a minor child from the State or
24    concealing the child within the State.
25        (9) Order to appear. Order the respondent to appear in
26    court, alone or with a minor child, to prevent abuse,

 

 

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

 

 

HB5199- 343 -LRB103 38448 RLC 68584 b

1    damaging, or otherwise disposing of any real or personal
2    property, except as explicitly authorized by the court,
3    if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the petitioner and respondent own the
7        property jointly, and the balance of hardships favors
8        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

 

 

HB5199- 344 -LRB103 38448 RLC 68584 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 petitioner's
17    significant decision-making responsibility unless
18    otherwise 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. Such losses shall include, but not be limited
22    to, medical expenses, lost earnings or other support,
23    repair or replacement of property damaged or taken,
24    reasonable attorney's fees, court costs, and moving or
25    other travel expenses, including additional reasonable
26    expenses for temporary shelter and restaurant meals.

 

 

HB5199- 345 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 346 -LRB103 38448 RLC 68584 b

1        Identification Card under Section 8.2 of the Firearm
2        Owners Identification Card Act.
3            (B) Any firearms in the possession of the
4        respondent, except as provided in subparagraph (C) of
5        this paragraph (14.5), shall be ordered by the court
6        to be turned over to a person who is not prohibited
7        under State or federal law from possessing firearms
8        with a valid Firearm Owner's Identification Card for
9        safekeeping. The court shall issue an order that the
10        respondent comply with Section 9.5 of the Firearm
11        Owners Identification Card Act.
12            (C) If the respondent is a peace officer as
13        defined in Section 2-13 of the Criminal Code of 2012,
14        the court shall order that any firearms used by the
15        respondent in the performance of his or her duties as a
16        peace officer be surrendered to the chief law
17        enforcement executive of the agency in which the
18        respondent is employed, who shall retain the firearms
19        for safekeeping for the duration of the domestic
20        violence order of protection.
21            (D) Upon expiration of the period of safekeeping,
22        if the firearms or Firearm Owner's Identification Card
23        cannot be returned to respondent because respondent
24        cannot be located, fails to respond to requests to
25        retrieve the firearms, or is not lawfully eligible to
26        possess a firearm, upon petition from the local law

 

 

HB5199- 347 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 348 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 349 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 350 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 351 -LRB103 38448 RLC 68584 b

1        each wireless telephone service provider on the
2        Commission's website. The Commission may consult with
3        wireless telephone service providers and the Circuit
4        Court Clerks on the manner in which this information
5        is provided and displayed.
6    (c) Relevant factors; findings.
7        (1) In determining whether to grant a specific remedy,
8    other than payment of support, the court shall consider
9    relevant factors, including, but not limited to, the
10    following:
11            (i) the nature, frequency, severity, pattern, and
12        consequences of the respondent's past abuse of the
13        petitioner or any family or household member,
14        including the concealment of his or her location in
15        order to evade service of process or notice, and the
16        likelihood of danger of future abuse to petitioner or
17        any member of petitioner's or respondent's family or
18        household; 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,
22        or 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

 

 

HB5199- 352 -LRB103 38448 RLC 68584 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 (c), the court shall make its
12    findings in an official record or in writing, and shall at
13    a minimum 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 (c).
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) (Blank).
24        (5) Never married parties. No rights or
25    responsibilities for a minor child born outside of
26    marriage attach to a putative father until a father and

 

 

HB5199- 353 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 354 -LRB103 38448 RLC 68584 b

1include a finding as to whether granting the remedy will
2result in hardship to respondent that would substantially
3outweigh the hardship to petitioner from denial of the remedy.
4The findings shall be an official record or in writing.
5    (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7        (1) respondent has cause for any use of force, unless
8    that cause satisfies the standards for justifiable use of
9    force provided by Article 7 of the Criminal Code of 2012;
10        (2) respondent was voluntarily intoxicated;
11        (3) petitioner acted in self-defense or defense of
12    another, provided that, if petitioner utilized force, such
13    force was justifiable under Article 7 of the Criminal Code
14    of 2012;
15        (4) petitioner did not act in self-defense or defense
16    of another;
17        (5) petitioner left the residence or household to
18    avoid further abuse by respondent;
19        (6) petitioner did not leave the residence or
20    household to avoid further abuse by respondent; or
21        (7) conduct by any family or household member excused
22    the abuse by respondent, unless that same conduct would
23    have excused such abuse if the parties had not been family
24    or household members.
25(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
26102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 

 

 

HB5199- 355 -LRB103 38448 RLC 68584 b

1    (725 ILCS 5/112A-14.7)
2    Sec. 112A-14.7. Stalking no contact order; remedies.
3    (a) The court may order any of the remedies listed in this
4Section. The remedies listed in this Section shall be in
5addition to other civil or criminal remedies available to
6petitioner. A stalking no contact order shall order one or
7more of the following:
8        (1) prohibit the respondent from threatening to commit
9    or committing stalking;
10        (2) order the respondent not to have any contact with
11    the petitioner or a third person specifically named by the
12    court;
13        (3) prohibit the respondent from knowingly coming
14    within, or knowingly remaining within a specified distance
15    of the petitioner or the petitioner's residence, school,
16    daycare, or place of employment, or any specified place
17    frequented by the petitioner; however, the court may order
18    the respondent to stay away from the respondent's own
19    residence, school, or place of employment only if the
20    respondent has been provided actual notice of the
21    opportunity to appear and be heard on the petition;
22        (4) prohibit the respondent from possessing a Firearm
23    Owners Identification Card, or possessing or buying
24    firearms; and
25        (5) order other injunctive relief the court determines

 

 

HB5199- 356 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 357 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 358 -LRB103 38448 RLC 68584 b

1guardian, or legal custodian of the respondent are responsible
2for transportation and other costs associated with the change
3of school by the respondent.
4    (d) The court shall not hold a school district or private
5or non-public school or any of its employees in civil or
6criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8    (e) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Article for conduct of the minor respondent in violation
12of this Article if the parents, guardian, or legal custodian
13directed, encouraged, or assisted the respondent minor in the
14conduct.
15    (f) Monetary damages are not recoverable as a remedy.
16    (g) If the stalking no contact order prohibits the
17respondent from possessing a Firearm Owner's Identification
18Card, or possessing or buying firearms; the court shall
19confiscate the respondent's firearms and firearm ammunition
20Firearm Owner's Identification Card and immediately return the
21card to the Illinois State Police Firearm Owner's
22Identification Card Office.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (725 ILCS 5/112A-17.5)
25    Sec. 112A-17.5. Ex parte protective orders.

 

 

HB5199- 359 -LRB103 38448 RLC 68584 b

1    (a) The petitioner may request expedited consideration of
2the petition for an ex parte protective order. The court shall
3consider the request on an expedited basis without requiring
4the respondent's presence or requiring notice to the
5respondent.
6    (b) Issuance of ex parte protective orders in cases
7involving domestic violence. An ex parte domestic violence
8order of protection shall be issued if petitioner satisfies
9the requirements of this subsection (b) for one or more of the
10requested remedies. For each remedy requested, petitioner
11shall establish that:
12        (1) the court has jurisdiction under Section 112A-9 of
13    this Code;
14        (2) the requirements of subsection (a) of Section
15    112A-11.5 of this Code are satisfied; and
16        (3) there is good cause to grant the remedy,
17    regardless of prior service of process or notice upon the
18    respondent, because:
19            (A) for the remedy of prohibition of abuse
20        described in paragraph (1) of subsection (b) of
21        Section 112A-14 of this Code; stay away order and
22        additional prohibitions described in paragraph (3) of
23        subsection (b) of Section 112A-14 of this Code;
24        removal or concealment of minor child described in
25        paragraph (8) of subsection (b) of Section 112A-14 of
26        this Code; order to appear described in paragraph (9)

 

 

HB5199- 360 -LRB103 38448 RLC 68584 b

1        of subsection (b) of Section 112A-14 of this Code;
2        physical care and possession of the minor child
3        described in paragraph (5) of subsection (b) of
4        Section 112A-14 of this Code; protection of property
5        described in paragraph (11) of subsection (b) of
6        Section 112A-14 of this Code; prohibition of entry
7        described in paragraph (14) of subsection (b) of
8        Section 112A-14 of this Code; prohibition of firearm
9        possession described in paragraph (14.5) of subsection
10        (b) of Section 112A-14 of this Code; prohibition of
11        access to records described in paragraph (15) of
12        subsection (b) of Section 112A-14 of this Code;
13        injunctive relief described in paragraph (16) of
14        subsection (b) of Section 112A-14 of this Code; and
15        telephone services described in paragraph (18) of
16        subsection (b) of Section 112A-14 of this Code, the
17        harm which that remedy is intended to prevent would be
18        likely to occur if the respondent were given any prior
19        notice, or greater notice than was actually given, of
20        the petitioner's efforts to obtain judicial relief;
21            (B) for the remedy of grant of exclusive
22        possession of residence described in paragraph (2) of
23        subsection (b) of Section 112A-14 of this Code; the
24        immediate danger of further abuse of the petitioner by
25        the respondent, if the petitioner chooses or had
26        chosen to remain in the residence or household while

 

 

HB5199- 361 -LRB103 38448 RLC 68584 b

1        the respondent was given any prior notice or greater
2        notice than was actually given of the petitioner's
3        efforts to obtain judicial relief outweighs the
4        hardships to the respondent of an emergency order
5        granting the petitioner exclusive possession of the
6        residence or household; and the remedy shall not be
7        denied because the petitioner has or could obtain
8        temporary shelter elsewhere while prior notice is
9        given to the respondent, unless the hardship to the
10        respondent from exclusion from the home substantially
11        outweigh the hardship to the petitioner; or
12            (C) for the remedy of possession of personal
13        property described in paragraph (10) of subsection (b)
14        of Section 112A-14 of this Code; improper disposition
15        of the personal property would be likely to occur if
16        the respondent were given any prior notice, or greater
17        notice than was actually given, of the petitioner's
18        efforts to obtain judicial relief or the petitioner
19        has an immediate and pressing need for the possession
20        of that property.
21    An ex parte domestic violence order of protection may not
22include the counseling, custody, or payment of support or
23monetary compensation remedies provided by paragraphs (4),
24(12), (13), and (16) of subsection (b) of Section 112A-14 of
25this Code.
26    (c) Issuance of ex parte civil no contact order in cases

 

 

HB5199- 362 -LRB103 38448 RLC 68584 b

1involving sexual offenses. An ex parte civil no contact order
2shall be issued if the petitioner establishes that:
3        (1) the court has jurisdiction under Section 112A-9 of
4    this Code;
5        (2) the requirements of subsection (a) of Section
6    112A-11.5 of this Code are satisfied; and
7        (3) there is good cause to grant the remedy,
8    regardless of prior service of process or of notice upon
9    the respondent, because the harm which that remedy is
10    intended to prevent would be likely to occur if the
11    respondent were given any prior notice, or greater notice
12    than was actually given, of the petitioner's efforts to
13    obtain judicial relief.
14    The court may order any of the remedies under Section
15112A-14.5 of this Code.
16    (d) Issuance of ex parte stalking no contact order in
17cases involving stalking offenses. An ex parte stalking no
18contact order shall be issued if the petitioner establishes
19that:
20        (1) the court has jurisdiction under Section 112A-9 of
21    this Code;
22        (2) the requirements of subsection (a) of Section
23    112A-11.5 of this Code are satisfied; and
24        (3) there is good cause to grant the remedy,
25    regardless of prior service of process or of notice upon
26    the respondent, because the harm which that remedy is

 

 

HB5199- 363 -LRB103 38448 RLC 68584 b

1    intended to prevent would be likely to occur if the
2    respondent were given any prior notice, or greater notice
3    than was actually given, of the petitioner's efforts to
4    obtain judicial relief.
5    The court may order any of the remedies under Section
6112A-14.7 of this Code.
7    (e) Issuance of ex parte protective orders on court
8holidays and evenings.
9    When the court is unavailable at the close of business,
10the petitioner may file a petition for an ex parte protective
11order before any available circuit judge or associate judge
12who may grant relief under this Article. If the judge finds
13that petitioner has satisfied the prerequisites in subsection
14(b), (c), or (d) of this Section, the judge shall issue an ex
15parte protective order.
16    The chief judge of the circuit court may designate for
17each county in the circuit at least one judge to be reasonably
18available to issue orally, by telephone, by facsimile, or
19otherwise, an ex parte protective order at all times, whether
20or not the court is in session.
21    The judge who issued the order under this Section shall
22promptly communicate or convey the order to the sheriff to
23facilitate the entry of the order into the Law Enforcement
24Agencies Data System by the Illinois State Police under
25Section 112A-28 of this Code. Any order issued under this
26Section and any documentation in support of it shall be

 

 

HB5199- 364 -LRB103 38448 RLC 68584 b

1certified on the next court day to the appropriate court. The
2clerk of that court shall immediately assign a case number,
3file the petition, order, and other documents with the court
4and enter the order of record and file it with the sheriff for
5service under subsection (f) of this Section. Failure to
6comply with the requirements of this subsection (e) shall not
7affect the validity of the order.
8    (f) Service of ex parte protective order on respondent.
9        (1) If an ex parte protective order is entered at the
10    time a summons or arrest warrant is issued for the
11    criminal charge, the petition for the protective order,
12    any supporting affidavits, if any, and the ex parte
13    protective order that has been issued shall be served with
14    the summons or arrest warrant. The enforcement of a
15    protective order under Section 112A-23 of this Code shall
16    not be affected by the lack of service or delivery,
17    provided the requirements of subsection (a) of Section
18    112A-23 of this Code are otherwise met.
19        (2) If an ex parte protective order is entered after a
20    summons or arrest warrant is issued and before the
21    respondent makes an initial appearance in the criminal
22    case, the summons shall be in the form prescribed by
23    subsection (d) of Supreme Court Rule 101, except that it
24    shall require respondent to answer or appear within 7 days
25    and shall be accompanied by the petition for the
26    protective order, any supporting affidavits, if any, and

 

 

HB5199- 365 -LRB103 38448 RLC 68584 b

1    the ex parte protective order that has been issued.
2        (3) If an ex parte protective order is entered after
3    the respondent has been served notice of a petition for a
4    final protective order and the respondent has requested a
5    continuance to respond to the petition, the ex parte
6    protective order shall be served: (A) in open court if the
7    respondent is present at the proceeding at which the order
8    was entered; or (B) by summons in the form prescribed by
9    subsection (d) of Supreme Court Rule 101.
10        (4) No fee shall be charged for service of summons.
11        (5) The summons shall be served by the sheriff or
12    other law enforcement officer at the earliest time and
13    shall take precedence over other summonses except those of
14    a similar emergency nature. Special process servers may be
15    appointed at any time, and their designation shall not
16    affect the responsibilities and authority of the sheriff
17    or other official process servers. In a county with a
18    population over 3,000,000, a special process server may
19    not be appointed if an ex parte protective order grants
20    the surrender of a child, the surrender of a firearm or
21    Firearm Owner's Identification Card, or the exclusive
22    possession of a shared residence. Process may be served in
23    court.
24    (g) Upon 7 days' notice to the petitioner, or a shorter
25notice period as the court may prescribe, a respondent subject
26to an ex parte protective order may appear and petition the

 

 

HB5199- 366 -LRB103 38448 RLC 68584 b

1court to re-hear the petition. Any petition to re-hear shall
2be verified and shall allege the following:
3        (1) that respondent did not receive prior notice of
4    the initial hearing in which the ex parte protective order
5    was entered under Section 112A-17.5 of this Code; and
6        (2) that respondent had a meritorious defense to the
7    order or any of its remedies or that the order or any of
8    its remedies was not authorized under this Article.
9    The verified petition and affidavit shall set forth the
10evidence of the meritorious defense that will be presented at
11a hearing. If the court finds that the evidence presented at
12the hearing on the petition establishes a meritorious defense
13by a preponderance of the evidence, the court may decide to
14vacate the protective order or modify the remedies.
15    (h) If the ex parte protective order granted petitioner
16exclusive possession of the residence and the petition of
17respondent seeks to re-open or vacate that grant, the court
18shall set a date for hearing within 14 days on all issues
19relating to exclusive possession. Under no circumstances shall
20a court continue a hearing concerning exclusive possession
21beyond the 14th day except by agreement of the petitioner and
22the respondent. Other issues raised by the pleadings may be
23consolidated for the hearing if the petitioner, the
24respondent, and the court do not object.
25    (i) Duration of ex parte protective order. An ex parte
26order shall remain in effect until the court considers the

 

 

HB5199- 367 -LRB103 38448 RLC 68584 b

1request for a final protective order after notice has been
2served on the respondent or a default final protective order
3is entered, whichever occurs first. If a court date is
4scheduled for the issuance of a default protective order and
5the petitioner fails to personally appear or appear through
6counsel or the prosecuting attorney, the petition shall be
7dismissed and the ex parte order terminated.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 175. The Unified Code of Corrections is amended by
10changing Sections 3-2-10.5, 5-5-3, 5-5-3.2, and 5-6-3 as
11follows:
 
12    (730 ILCS 5/3-2-10.5)
13    Sec. 3-2-10.5. Retiring security employees and parole
14agents; purchase of service firearm and badge. The Director
15shall establish a program to allow a security employee or
16parole agent of the Department who is honorably retiring in
17good standing to purchase either one or both of the following:
18(1) any badge previously issued to the security employee or
19parole agent by the Department; or (2) if the security
20employee or parole agent has a currently valid Firearm Owner's
21Identification Card, the service firearm issued or previously
22issued to the security employee or parole agent by the
23Department. The badge must be permanently and conspicuously
24marked in such a manner that the individual who possesses the

 

 

HB5199- 368 -LRB103 38448 RLC 68584 b

1badge is not mistaken for an actively serving law enforcement
2officer. The cost of the firearm shall be the replacement
3value of the firearm and not the firearm's fair market value.
4(Source: P.A. 102-719, eff. 5-6-22.)
 
5    (730 ILCS 5/5-5-3)
6    Sec. 5-5-3. Disposition.
7    (a) (Blank).
8    (b) (Blank).
9    (c)(1) (Blank).
10    (2) A period of probation, a term of periodic imprisonment
11or conditional discharge shall not be imposed for the
12following offenses. The court shall sentence the offender to
13not less than the minimum term of imprisonment set forth in
14this Code for the following offenses, and may order a fine or
15restitution or both in conjunction with such term of
16imprisonment:
17        (A) First degree murder.
18        (B) Attempted first degree murder.
19        (C) A Class X felony.
20        (D) A violation of Section 401.1 or 407 of the
21    Illinois Controlled Substances Act, or a violation of
22    subdivision (c)(1.5) of Section 401 of that Act which
23    relates to more than 5 grams of a substance containing
24    fentanyl or an analog thereof.
25        (D-5) A violation of subdivision (c)(1) of Section 401

 

 

HB5199- 369 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 370 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 371 -LRB103 38448 RLC 68584 b

1        (M) A second or subsequent conviction for the offense
2    of institutional vandalism if the damage to the property
3    exceeds $300.
4        (N) A Class 3 felony violation of paragraph (1) of
5    subsection (a) of Section 2 of the Firearm Owners
6    Identification Card Act committed before the effective
7    date of this amendatory Act of the 103rd General Assembly.
8        (O) A violation of Section 12-6.1 or 12-6.5 of the
9    Criminal Code of 1961 or the Criminal Code of 2012.
10        (P) A violation of paragraph (1), (2), (3), (4), (5),
11    or (7) of subsection (a) of Section 11-20.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012.
13        (P-5) A violation of paragraph (6) of subsection (a)
14    of Section 11-20.1 of the Criminal Code of 1961 or the
15    Criminal Code of 2012 if the victim is a household or
16    family member of the defendant.
17        (Q) A violation of subsection (b) or (b-5) of Section
18    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
19    Code of 1961 or the Criminal Code of 2012.
20        (R) A violation of Section 24-3A of the Criminal Code
21    of 1961 or the Criminal Code of 2012.
22        (S) (Blank).
23        (T) (Blank).
24        (U) A second or subsequent violation of Section 6-303
25    of the Illinois Vehicle Code committed while his or her
26    driver's license, permit, or privilege was revoked because

 

 

HB5199- 372 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 373 -LRB103 38448 RLC 68584 b

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

 

 

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1this subsection (c), a minimum of 100 hours of community
2service shall be imposed for a second violation of Section
36-303 of the Illinois Vehicle Code.
4    (4.3) A minimum term of imprisonment of 30 days or 300
5hours of community service, as determined by the court, shall
6be imposed for a second violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.4) Except as provided in paragraphs (4.5), (4.6), and
9(4.9) of this subsection (c), a minimum term of imprisonment
10of 30 days or 300 hours of community service, as determined by
11the court, shall be imposed for a third or subsequent
12violation of Section 6-303 of the Illinois Vehicle Code. The
13court may give credit toward the fulfillment of community
14service hours for participation in activities and treatment as
15determined by court services.
16    (4.5) A minimum term of imprisonment of 30 days shall be
17imposed for a third violation of subsection (c) of Section
186-303 of the Illinois Vehicle Code.
19    (4.6) Except as provided in paragraph (4.10) of this
20subsection (c), a minimum term of imprisonment of 180 days
21shall be imposed for a fourth or subsequent violation of
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23    (4.7) A minimum term of imprisonment of not less than 30
24consecutive days, or 300 hours of community service, shall be
25imposed for a violation of subsection (a-5) of Section 6-303
26of the Illinois Vehicle Code, as provided in subsection (b-5)

 

 

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

 

 

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1    (5.1) In addition to any other penalties imposed, and
2except as provided in paragraph (5.2) or (5.3), a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for at least 90 days but not
6more than one year, if the violation resulted in damage to the
7property of another person.
8    (5.2) In addition to any other penalties imposed, and
9except as provided in paragraph (5.3), a person convicted of
10violating subsection (c) of Section 11-907 of the Illinois
11Vehicle Code shall have his or her driver's license, permit,
12or privileges suspended for at least 180 days but not more than
132 years, if the violation resulted in injury to another
14person.
15    (5.3) In addition to any other penalties imposed, a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for 2 years, if the violation
19resulted in the death of another person.
20    (5.4) In addition to any other penalties imposed, a person
21convicted of violating Section 3-707 of the Illinois Vehicle
22Code shall have his or her driver's license, permit, or
23privileges suspended for 3 months and until he or she has paid
24a reinstatement fee of $100.
25    (5.5) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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

 

 

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1or recreational area where sports activities are conducted;
2and "coach" means a person recognized as a coach by the
3sanctioning authority that conducted the sporting event.
4    (12) A person may not receive a disposition of court
5supervision for a violation of Section 5-16 of the Boat
6Registration and Safety Act if that person has previously
7received a disposition of court supervision for a violation of
8that Section.
9    (13) A person convicted of or placed on court supervision
10for an assault or aggravated assault when the victim and the
11offender are family or household members as defined in Section
12103 of the Illinois Domestic Violence Act of 1986 or convicted
13of domestic battery or aggravated domestic battery may be
14required to attend a Partner Abuse Intervention Program under
15protocols set forth by the Illinois Department of Human
16Services under such terms and conditions imposed by the court.
17The costs of such classes shall be paid by the offender.
18    (d) In any case in which a sentence originally imposed is
19vacated, the case shall be remanded to the trial court. The
20trial court shall hold a hearing under Section 5-4-1 of this
21Code which may include evidence of the defendant's life, moral
22character and occupation during the time since the original
23sentence was passed. The trial court shall then impose
24sentence upon the defendant. The trial court may impose any
25sentence which could have been imposed at the original trial
26subject to Section 5-5-4 of this Code. If a sentence is vacated

 

 

HB5199- 379 -LRB103 38448 RLC 68584 b

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

 

 

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1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of
11    paying for such services, if the victim was under 18 years
12    of age at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

 

 

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111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested
23by the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the
26test results. The court shall provide information on the

 

 

HB5199- 382 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 383 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 384 -LRB103 38448 RLC 68584 b

111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
3Code of 2012, any violation of the Illinois Controlled
4Substances Act, any violation of the Cannabis Control Act, or
5any violation of the Methamphetamine Control and Community
6Protection Act results in conviction, a disposition of court
7supervision, or an order of probation granted under Section 10
8of the Cannabis Control Act, Section 410 of the Illinois
9Controlled Substances Act, or Section 70 of the
10Methamphetamine Control and Community Protection Act of a
11defendant, the court shall determine whether the defendant is
12employed by a facility or center as defined under the Child
13Care Act of 1969, a public or private elementary or secondary
14school, or otherwise works with children under 18 years of age
15on a daily basis. When a defendant is so employed, the court
16shall order the Clerk of the Court to send a copy of the
17judgment of conviction or order of supervision or probation to
18the defendant's employer by certified mail. If the employer of
19the defendant is a school, the Clerk of the Court shall direct
20the mailing of a copy of the judgment of conviction or order of
21supervision or probation to the appropriate regional
22superintendent of schools. The regional superintendent of
23schools shall notify the State Board of Education of any
24notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

HB5199- 385 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 386 -LRB103 38448 RLC 68584 b

1passed high school equivalency testing. This subsection (j-5)
2does not apply to a defendant who is determined by the court to
3be a person with a developmental disability or otherwise
4mentally incapable of completing the educational or vocational
5program.
6    (k) (Blank).
7    (l)(A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is not a citizen or national of
9the United States, is convicted of any felony or misdemeanor
10offense, the court after sentencing the defendant may, upon
11motion of the State's Attorney, hold sentence in abeyance and
12remand the defendant to the custody of the Attorney General of
13the United States or his or her designated agent to be deported
14when:
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    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

HB5199- 387 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 388 -LRB103 38448 RLC 68584 b

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person has a substance use disorder, as defined
12in the Substance Use Disorder Act, to a treatment program
13licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions
18of license renewal established by the Secretary of State.
19(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
20102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
211-1-24.)
 
22    (730 ILCS 5/5-5-3.2)
23    Sec. 5-5-3.2. Factors in aggravation and extended-term
24sentencing.
25    (a) The following factors shall be accorded weight in

 

 

HB5199- 389 -LRB103 38448 RLC 68584 b

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;

 

 

HB5199- 390 -LRB103 38448 RLC 68584 b

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;

 

 

HB5199- 391 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 392 -LRB103 38448 RLC 68584 b

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

HB5199- 400 -LRB103 38448 RLC 68584 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

 

 

HB5199- 401 -LRB103 38448 RLC 68584 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,

 

 

HB5199- 402 -LRB103 38448 RLC 68584 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

 

 

HB5199- 403 -LRB103 38448 RLC 68584 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

 

 

HB5199- 404 -LRB103 38448 RLC 68584 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

 

 

HB5199- 405 -LRB103 38448 RLC 68584 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. To comply with the
21    provisions of this paragraph (2), in lieu of requiring the
22    person on probation or conditional discharge to appear in
23    person for the required reporting or meetings, the officer
24    may utilize technology, including cellular and other
25    electronic communication devices or platforms, that allow

 

 

HB5199- 406 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 407 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 408 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 409 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 410 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 411 -LRB103 38448 RLC 68584 b

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

 

 

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

 

 

HB5199- 413 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 414 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 415 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 416 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 417 -LRB103 38448 RLC 68584 b

1            (v) for persons convicted of offenses other than
2        those referenced in clause (iv) above and who are
3        placed on an approved monitoring device as a condition
4        of probation or conditional discharge, the court shall
5        impose a reasonable fee for each day of the use of the
6        device, as established by the county board in
7        subsection (g) of this Section, unless after
8        determining the inability of the defendant to pay the
9        fee, the court assesses a lesser fee or no fee as the
10        case may be. This fee shall be imposed in addition to
11        the fees imposed under subsections (g) and (i) of this
12        Section. The fee shall be collected by the clerk of the
13        circuit court, except as provided in an administrative
14        order of the Chief Judge of the circuit court. The
15        clerk of the circuit court shall pay all monies
16        collected from this fee to the county treasurer who
17        shall use the monies collected to defray the costs of
18        corrections. The county treasurer shall deposit the
19        fee collected in the probation and court services
20        fund. The Chief Judge of the circuit court of the
21        county may by administrative order establish a program
22        for electronic monitoring of offenders, in which a
23        vendor supplies and monitors the operation of the
24        electronic monitoring device, and collects the fees on
25        behalf of the county. The program shall include
26        provisions for indigent offenders and the collection

 

 

HB5199- 418 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 419 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 420 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 421 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 422 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 423 -LRB103 38448 RLC 68584 b

1or alcohol testing, or both, and all costs incidental to such
2approved electronic monitoring in accordance with the
3defendant's ability to pay those costs. The county board with
4the concurrence of the Chief Judge of the judicial circuit in
5which the county is located shall establish reasonable fees
6for the cost of maintenance, testing, and incidental expenses
7related to the mandatory drug or alcohol testing, or both, and
8all costs incidental to approved electronic monitoring,
9involved in a successful probation program for the county. The
10concurrence of the Chief Judge shall be in the form of an
11administrative order. The fees shall be collected by the clerk
12of the circuit court, except as provided in an administrative
13order of the Chief Judge of the circuit court. The clerk of the
14circuit court shall pay all moneys collected from these fees
15to the county treasurer who shall use the moneys collected to
16defray the costs of drug testing, alcohol testing, and
17electronic monitoring. The county treasurer shall deposit the
18fees collected in the county working cash fund under Section
196-27001 or Section 6-29002 of the Counties Code, as the case
20may be. The Chief Judge of the circuit court of the county may
21by administrative order establish a program for electronic
22monitoring of offenders, in which a vendor supplies and
23monitors the operation of the electronic monitoring device,
24and collects the fees on behalf of the county. The program
25shall include provisions for indigent offenders and the
26collection of unpaid fees. The program shall not unduly burden

 

 

HB5199- 424 -LRB103 38448 RLC 68584 b

1the offender and shall be subject to review by the Chief Judge.
2A person shall not be assessed costs or fees for mandatory
3testing for drugs, alcohol, or both, if the person is an
4indigent person as defined in paragraph (2) of subsection (a)
5of Section 5-105 of the Code of Civil Procedure.
6    The Chief Judge of the circuit court may suspend any
7additional charges or fees for late payment, interest, or
8damage to any device.
9    (h) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers
12of jurisdiction are also authorized in the same manner. The
13court to which jurisdiction has been transferred shall have
14the same powers as the sentencing court. The probation
15department within the circuit to which jurisdiction has been
16transferred, or which has agreed to provide supervision, may
17impose probation fees upon receiving the transferred offender,
18as provided in subsection (i). For all transfer cases, as
19defined in Section 9b of the Probation and Probation Officers
20Act, the probation department from the original sentencing
21court shall retain all probation fees collected prior to the
22transfer. After the transfer, all probation fees shall be paid
23to the probation department within the circuit to which
24jurisdiction has been transferred.
25    (i) The court shall impose upon an offender sentenced to
26probation after January 1, 1989 or to conditional discharge

 

 

HB5199- 425 -LRB103 38448 RLC 68584 b

1after January 1, 1992 or to community service under the
2supervision of a probation or court services department after
3January 1, 2004, as a condition of such probation or
4conditional discharge or supervised community service, a fee
5of $50 for each month of probation or conditional discharge
6supervision or supervised community service ordered by the
7court, unless after determining the inability of the person
8sentenced to probation or conditional discharge or supervised
9community service to pay the fee, the court assesses a lesser
10fee. The court may not impose the fee on a minor who is placed
11in the guardianship or custody of the Department of Children
12and Family Services under the Juvenile Court Act of 1987 while
13the minor is in placement. The fee shall be imposed only upon
14an offender who is actively supervised by the probation and
15court services department. The fee shall be collected by the
16clerk of the circuit court. The clerk of the circuit court
17shall pay all monies collected from this fee to the county
18treasurer for deposit in the probation and court services fund
19under Section 15.1 of the Probation and Probation Officers
20Act.
21    A circuit court may not impose a probation fee under this
22subsection (i) in excess of $25 per month unless the circuit
23court has adopted, by administrative order issued by the Chief
24Judge chief judge, a standard probation fee guide determining
25an offender's ability to pay. Of the amount collected as a
26probation fee, up to $5 of that fee collected per month may be

 

 

HB5199- 426 -LRB103 38448 RLC 68584 b

1used to provide services to crime victims and their families.
2    The Court may only waive probation fees based on an
3offender's ability to pay. The probation department may
4re-evaluate an offender's ability to pay every 6 months, and,
5with the approval of the Director of Court Services or the
6Chief Probation Officer, adjust the monthly fee amount. An
7offender may elect to pay probation fees due in a lump sum. Any
8offender that has been assigned to the supervision of a
9probation department, or has been transferred either under
10subsection (h) of this Section or under any interstate
11compact, shall be required to pay probation fees to the
12department supervising the offender, based on the offender's
13ability to pay.
14    Public Act 93-970 deletes the $10 increase in the fee
15under this subsection that was imposed by Public Act 93-616.
16This deletion is intended to control over any other Act of the
1793rd General Assembly that retains or incorporates that fee
18increase.
19    (i-5) In addition to the fees imposed under subsection (i)
20of this Section, in the case of an offender convicted of a
21felony sex offense (as defined in the Sex Offender Management
22Board Act) or an offense that the court or probation
23department has determined to be sexually motivated (as defined
24in the Sex Offender Management Board Act), the court or the
25probation department shall assess additional fees to pay for
26all costs of treatment, assessment, evaluation for risk and

 

 

HB5199- 427 -LRB103 38448 RLC 68584 b

1treatment, and monitoring the offender, based on that
2offender's ability to pay those costs either as they occur or
3under a payment plan.
4    (j) All fines and costs imposed under this Section for any
5violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
6Code, or a similar provision of a local ordinance, and any
7violation of the Child Passenger Protection Act, or a similar
8provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under the Criminal
10and Traffic Assessment Act.
11    (k) Any offender who is sentenced to probation or
12conditional discharge for a felony sex offense as defined in
13the Sex Offender Management Board Act or any offense that the
14court or probation department has determined to be sexually
15motivated as defined in the Sex Offender Management Board Act
16shall be required to refrain from any contact, directly or
17indirectly, with any persons specified by the court and shall
18be available for all evaluations and treatment programs
19required by the court or the probation department.
20    (l) The court may order an offender who is sentenced to
21probation or conditional discharge for a violation of an order
22of protection be placed under electronic surveillance as
23provided in Section 5-8A-7 of this Code.
24    (m) Except for restitution, and assessments issued for
25adjudications under Section 5-125 of the Juvenile Court Act of
261987, fines and assessments, such as fees or administrative

 

 

HB5199- 428 -LRB103 38448 RLC 68584 b

1costs, authorized under this Section shall not be ordered or
2imposed on a minor subject to Article III, IV, or V of the
3Juvenile Court Act of 1987, or a minor under the age of 18
4transferred to adult court or excluded from juvenile court
5jurisdiction under Article V of the Juvenile Court Act of
61987, or the minor's parent, guardian, or legal custodian.
7    (n) (m) A person on probation, conditional discharge, or
8supervision shall not be ordered to refrain from having
9cannabis or alcohol in his or her body unless:
10        (1) the person is under 21 years old;
11        (2) the person was sentenced to probation, conditional
12    discharge, or supervision for an offense which had as an
13    element of the offense the presence of an intoxicating
14    compound in the person's body;
15        (3) the person is participating in a problem-solving
16    court certified by the Illinois Supreme Court;
17        (4) the person has undergone a validated clinical
18    assessment and the clinical treatment plan includes
19    alcohol or cannabis testing; or
20        (5) a court ordered evaluation recommends that the
21    person refrain from using alcohol or cannabis, provided
22    the evaluation is a validated clinical assessment and the
23    recommendation originates from a clinical treatment plan.
24    If the court has made findings that alcohol use was a
25contributing factor in the commission of the underlying
26offense, the court may order a person on probation,

 

 

HB5199- 429 -LRB103 38448 RLC 68584 b

1conditional discharge, or supervision to refrain from having
2alcohol in his or her body during the time between sentencing
3and the completion of a validated clinical assessment,
4provided that such order shall not exceed 30 days and shall be
5terminated if the clinical treatment plan does not recommend
6abstinence or testing, or both.
7    In this subsection (n) (m), "validated clinical
8assessment" and "clinical treatment plan" have the meanings
9ascribed to them in Section 10 of the Drug Court Treatment Act.
10    In any instance in which the court orders testing for
11cannabis or alcohol, the court shall state the reasonable
12relation the condition has to the person's crime for which the
13person was placed on probation, conditional discharge, or
14supervision.
15    (o) (n) A person on probation, conditional discharge, or
16supervision shall not be ordered to refrain from use or
17consumption of any substance lawfully prescribed by a medical
18provider or authorized by the Compassionate Use of Medical
19Cannabis Program Act, except where use is prohibited in
20paragraph (3) or (4) of subsection (n) (m).
21(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
22103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
231-1-24; revised 12-15-23.)
 
24    (730 ILCS 5/3-2-13 rep.)
25    Section 180. The Unified Code of Corrections is amended by

 

 

HB5199- 430 -LRB103 38448 RLC 68584 b

1repealing Section 3-2-13.
 
2    Section 185. The Probation and Probation Officers Act is
3amended by changing Section 15.2 as follows:
 
4    (730 ILCS 110/15.2)
5    Sec. 15.2. Retiring probation officer; purchase of service
6firearm and badge. Each department shall establish a program
7to allow a probation officer of the department who is
8honorably retiring in good standing to purchase either one or
9both of the following: (1) any badge previously issued to the
10probation officer by the department; or (2) if the probation
11officer has a currently valid Firearm Owner's Identification
12Card, the service firearm issued or previously issued to the
13probation officer by the department. The badge must be
14permanently and conspicuously marked in such a manner that the
15individual who possesses the badge is not mistaken for an
16actively serving law enforcement officer. The cost of the
17firearm shall be the replacement value of the firearm and not
18the firearm's fair market value.
19(Source: P.A. 102-719, eff. 5-6-22.)
 
20    Section 190. The Stalking No Contact Order Act is amended
21by changing Section 80 as follows:
 
22    (740 ILCS 21/80)

 

 

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1    Sec. 80. Stalking no contact orders; remedies.
2    (a) If the court finds that the petitioner has been a
3victim of stalking, a stalking no contact order shall issue;
4provided that the petitioner must also satisfy the
5requirements of Section 95 on emergency orders or Section 100
6on plenary orders. The petitioner shall not be denied a
7stalking no contact order because the petitioner or the
8respondent is a minor. The court, when determining whether or
9not to issue a stalking no contact order, may not require
10physical injury on the person of the petitioner. Modification
11and extension of prior stalking no contact orders shall be in
12accordance with this Act.
13    (b) A stalking no contact order shall order one or more of
14the following:
15        (1) prohibit the respondent from threatening to commit
16    or committing stalking;
17        (2) order the respondent not to have any contact with
18    the petitioner or a third person specifically named by the
19    court;
20        (3) prohibit the respondent from knowingly coming
21    within, or knowingly remaining within a specified distance
22    of the petitioner or the petitioner's residence, school,
23    daycare, or place of employment, or any specified place
24    frequented by the petitioner; however, the court may order
25    the respondent to stay away from the respondent's own
26    residence, school, or place of employment only if the

 

 

HB5199- 432 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 433 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 434 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 435 -LRB103 38448 RLC 68584 b

1confiscate the respondent's firearms Firearm Owner's
2Identification Card and immediately return the card to the
3Illinois State Police Firearm Owner's Identification Card
4Office.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 195. The Mental Health and Developmental
7Disabilities Confidentiality Act is amended by changing
8Section 12 as follows:
 
9    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
10    Sec. 12. (a) If the United States Secret Service or the
11Illinois State Police requests information from a mental
12health or developmental disability facility, as defined in
13Section 1-107 and 1-114 of the Mental Health and Developmental
14Disabilities Code, relating to a specific recipient and the
15facility director determines that disclosure of such
16information may be necessary to protect the life of, or to
17prevent the infliction of great bodily harm to, a public
18official, or a person under the protection of the United
19States Secret Service, only the following information may be
20disclosed: the recipient's name, address, and age and the date
21of any admission to or discharge from a facility; and any
22information which would indicate whether or not the recipient
23has a history of violence or presents a danger of violence to
24the person under protection. Any information so disclosed

 

 

HB5199- 436 -LRB103 38448 RLC 68584 b

1shall be used for investigative purposes only and shall not be
2publicly disseminated. Any person participating in good faith
3in the disclosure of such information in accordance with this
4provision shall have immunity from any liability, civil,
5criminal or otherwise, if such information is disclosed
6relying upon the representation of an officer of the United
7States Secret Service or the Illinois State Police that a
8person is under the protection of the United States Secret
9Service or is a public official.
10    For the purpose of this subsection (a), the term "public
11official" means the Governor, Lieutenant Governor, Attorney
12General, Secretary of State, State Comptroller, State
13Treasurer, member of the General Assembly, member of the
14United States Congress, Judge of the United States as defined
15in 28 U.S.C. 451, Justice of the United States as defined in 28
16U.S.C. 451, United States Magistrate Judge as defined in 28
17U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
18Supreme, Appellate, Circuit, or Associate Judge of the State
19of Illinois. The term shall also include the spouse, child or
20children of a public official.
21    (b) The Department of Human Services (acting as successor
22to the Department of Mental Health and Developmental
23Disabilities) and all public or private hospitals and mental
24health facilities are required, as hereafter described in this
25subsection, to furnish the Illinois State Police only such
26information as may be required for the sole purpose of

 

 

HB5199- 437 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 438 -LRB103 38448 RLC 68584 b

1information disclosed under this subsection shall remain
2privileged and confidential, and shall not be redisclosed,
3except as required by clause (e)(2) of Section 24-4.5 of the
4Criminal Code of 2012 subsection (e) of Section 3.1 of the
5Firearm Owners Identification Card Act, nor utilized for any
6other purpose. The method of requiring the providing of such
7information shall guarantee that no information is released
8beyond what is necessary for this purpose. In addition, the
9information disclosed shall be provided by the Department
10within the time period established by Section 24-3 of the
11Criminal Code of 2012 regarding the delivery of firearms. The
12method used shall be sufficient to provide the necessary
13information within the prescribed time period, which may
14include periodically providing lists to the Department of
15Human Services or any public or private hospital or mental
16health facility of Firearm Owner's Identification Card
17applicants for firearm purchases on which the Department or
18hospital shall indicate the identities of those individuals
19who are to its knowledge disqualified from having a firearm
20Firearm Owner's Identification Card for reasons described
21herein. The Department may provide for a centralized source of
22information for the State on this subject under its
23jurisdiction. The identity of the person reporting under this
24subsection shall not be disclosed to the subject of the
25report. For the purposes of this subsection, the physician,
26clinical psychologist, or qualified examiner making the

 

 

HB5199- 439 -LRB103 38448 RLC 68584 b

1determination and his or her employer shall not be held
2criminally, civilly, or professionally liable for making or
3not making the notification required under this subsection,
4except for willful or wanton misconduct.
5    Any person, institution, or agency, under this Act,
6participating in good faith in the reporting or disclosure of
7records and communications otherwise in accordance with this
8provision or with rules, regulations or guidelines issued by
9the Department shall have immunity from any liability, civil,
10criminal or otherwise, that might result by reason of the
11action. For the purpose of any proceeding, civil or criminal,
12arising out of a report or disclosure in accordance with this
13provision, the good faith of any person, institution, or
14agency so reporting or disclosing shall be presumed. The full
15extent of the immunity provided in this subsection (b) shall
16apply to any person, institution or agency that fails to make a
17report or disclosure in the good faith belief that the report
18or disclosure would violate federal regulations governing the
19confidentiality of alcohol and drug abuse patient records
20implementing 42 U.S.C. 290dd-3 and 290ee-3.
21    For purposes of this subsection (b) only, the following
22terms shall have the meaning prescribed:
23        (1) (Blank).
24        (1.3) "Clear and present danger" has the meaning as
25    defined in Section 6-103.3 of the Mental Health and
26    Developmental Disabilities Code 1.1 of the Firearm Owners

 

 

HB5199- 440 -LRB103 38448 RLC 68584 b

1    Identification Card Act.
2        (1.5) "Person with a developmental disability" has the
3    meaning as defined in Section 6-103.3 of the Mental Health
4    and Developmental Disabilities Code 1.1 of the Firearm
5    Owners Identification Card Act.
6        (2) "Patient" means (A) a person who voluntarily
7    receives mental health treatment as an in-patient or
8    resident of any public or private mental health facility,
9    unless the treatment was solely for an alcohol abuse
10    disorder and no other secondary substance abuse disorder
11    or mental illness; or (B) a person who voluntarily
12    receives mental health treatment as an out-patient or is
13    provided services by a public or private mental health
14    facility, and who poses a clear and present danger to
15    himself, herself, or to others has the meaning as defined
16    in Section 1.1 of the Firearm Owners Identification Card
17    Act.
18        (3) "Mental health facility" means any licensed
19    private hospital or hospital affiliate, institution, or
20    facility, or part thereof, and any facility, or part
21    thereof, operated by the State or a political subdivision
22    thereof which provide treatment of persons with mental
23    illness and includes all hospitals, institutions, clinics,
24    evaluation facilities, mental health centers, colleges,
25    universities, long-term care facilities, and nursing
26    homes, or parts thereof, which provide treatment of

 

 

HB5199- 441 -LRB103 38448 RLC 68584 b

1    persons with mental illness whether or not the primary
2    purpose is to provide treatment of persons with mental
3    illness has the meaning as defined in Section 1.1 of the
4    Firearm Owners Identification Card Act.
5    (c) Upon the request of a peace officer who takes a person
6into custody and transports such person to a mental health or
7developmental disability facility pursuant to Section 3-606 or
84-404 of the Mental Health and Developmental Disabilities Code
9or who transports a person from such facility, a facility
10director shall furnish said peace officer the name, address,
11age and name of the nearest relative of the person transported
12to or from the mental health or developmental disability
13facility. In no case shall the facility director disclose to
14the peace officer any information relating to the diagnosis,
15treatment or evaluation of the person's mental or physical
16health.
17    For the purposes of this subsection (c), the terms "mental
18health or developmental disability facility", "peace officer"
19and "facility director" shall have the meanings ascribed to
20them in the Mental Health and Developmental Disabilities Code.
21    (d) Upon the request of a peace officer or prosecuting
22authority who is conducting a bona fide investigation of a
23criminal offense, or attempting to apprehend a fugitive from
24justice, a facility director may disclose whether a person is
25present at the facility. Upon request of a peace officer or
26prosecuting authority who has a valid forcible felony warrant

 

 

HB5199- 442 -LRB103 38448 RLC 68584 b

1issued, a facility director shall disclose: (1) whether the
2person who is the subject of the warrant is present at the
3facility and (2) the date of that person's discharge or future
4discharge from the facility. The requesting peace officer or
5prosecuting authority must furnish a case number and the
6purpose of the investigation or an outstanding arrest warrant
7at the time of the request. Any person, institution, or agency
8participating in good faith in disclosing such information in
9accordance with this subsection (d) is immune from any
10liability, civil, criminal or otherwise, that might result by
11reason of the action.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    Section 200. The Illinois Domestic Violence Act of 1986 is
14amended by changing Sections 210 and 214 as follows:
 
15    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
16    Sec. 210. Process.
17    (a) Summons. Any action for an order of protection,
18whether commenced alone or in conjunction with another
19proceeding, is a distinct cause of action and requires that a
20separate summons be issued and served, except that in pending
21cases the following methods may be used:
22        (1) By delivery of the summons to respondent
23    personally in open court in pending civil or criminal
24    cases.

 

 

HB5199- 443 -LRB103 38448 RLC 68584 b

1        (2) By notice in accordance with Section 210.1 in
2    civil cases in which the defendant has filed a general
3    appearance.
4    The summons shall be in the form prescribed by Supreme
5Court Rule 101(d), except that it shall require respondent to
6answer or appear within 7 days. Attachments to the summons or
7notice shall include the petition for order of protection and
8supporting affidavits, if any, and any emergency order of
9protection that has been issued. The enforcement of an order
10of protection under Section 223 shall not be affected by the
11lack of service, delivery, or notice, provided the
12requirements of subsection (d) of that Section are otherwise
13met.
14    (b) Blank.
15    (c) Expedited service. The summons shall be served by the
16sheriff or other law enforcement officer at the earliest time
17and shall take precedence over other summonses except those of
18a similar emergency nature. Special process servers may be
19appointed at any time, and their designation shall not affect
20the responsibilities and authority of the sheriff or other
21official process servers. In counties with a population over
223,000,000, a special process server may not be appointed if
23the order of protection grants the surrender of a child, the
24surrender of a firearm or firearm owners identification card,
25or the exclusive possession of a shared residence.
26    (d) Remedies requiring actual notice. The counseling,

 

 

HB5199- 444 -LRB103 38448 RLC 68584 b

1payment of support, payment of shelter services, and payment
2of losses remedies provided by paragraphs 4, 12, 13, and 16 of
3subsection (b) of Section 214 may be granted only if
4respondent has been personally served with process, has
5answered or has made a general appearance.
6    (e) Remedies upon constructive notice. Service of process
7on a member of respondent's household or by publication shall
8be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
96, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
10214, but only if: (i) petitioner has made all reasonable
11efforts to accomplish actual service of process personally
12upon respondent, but respondent cannot be found to effect such
13service and (ii) petitioner files an affidavit or presents
14sworn testimony as to those efforts.
15    (f) Default. A plenary order of protection may be entered
16by default as follows:
17        (1) For any of the remedies sought in the petition, if
18    respondent has been served or given notice in accordance
19    with subsection (a) and if respondent then fails to appear
20    as directed or fails to appear on any subsequent
21    appearance or hearing date agreed to by the parties or set
22    by the court; or
23        (2) For any of the remedies provided in accordance
24    with subsection (e), if respondent fails to answer or
25    appear in accordance with the date set in the publication
26    notice or the return date indicated on the service of a

 

 

HB5199- 445 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 446 -LRB103 38448 RLC 68584 b

1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as
3appropriate: Section 217 on emergency orders, Section 218 on
4interim orders, and Section 219 on plenary orders. The
5remedies listed in this subsection shall be in addition to
6other civil or criminal remedies available to petitioner.
7        (1) Prohibition of abuse, neglect, or exploitation.
8    Prohibit respondent's harassment, interference with
9    personal liberty, intimidation of a dependent, physical
10    abuse, or willful deprivation, neglect or exploitation, as
11    defined in this Act, or stalking of the petitioner, as
12    defined in Section 12-7.3 of the Criminal Code of 2012, if
13    such abuse, neglect, exploitation, or stalking 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.
26            (A) Right to occupancy. A party has a right to

 

 

HB5199- 447 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 448 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 449 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 450 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 451 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 452 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 453 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 454 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 455 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 456 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 457 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 458 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 459 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 460 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 461 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 462 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 463 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 464 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 465 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 466 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 467 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 468 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 469 -LRB103 38448 RLC 68584 b

1    the abuse, neglect, or exploitation by respondent, unless
2    that same conduct would have excused such abuse, neglect,
3    or exploitation if the parties had not been family or
4    household members.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 205. The Revised Uniform Unclaimed Property Act is
7amended by changing Section 15-705 as follows:
 
8    (765 ILCS 1026/15-705)
9    Sec. 15-705. Exceptions to the sale of tangible property.
10The administrator shall dispose of tangible property
11identified by this Section in accordance with this Section.
12    (a) Military medals or decorations. The administrator may
13not sell a medal or decoration awarded for military service in
14the armed forces of the United States. Instead, the
15administrator, with the consent of the respective organization
16under paragraph (1), agency under paragraph (2), or entity
17under paragraph (3), may deliver a medal or decoration to be
18held in custody for the owner, to:
19        (1) a military veterans organization qualified under
20    Section 501(c)(19) of the Internal Revenue Code;
21        (2) the agency that awarded the medal or decoration;
22    or
23        (3) a governmental entity.
24    After delivery, the administrator is not responsible for

 

 

HB5199- 470 -LRB103 38448 RLC 68584 b

1the safekeeping of the medal or decoration.
2    (b) Property with historical value. Property that the
3administrator reasonably believes may have historical value
4may be, at his or her discretion, loaned to an accredited
5museum in the United States where it will be kept until such
6time as the administrator orders it to be returned to his or
7her custody.
8    (c) Human remains. If human remains are delivered to the
9administrator under this Act, the administrator shall deliver
10those human remains to the coroner of the county in which the
11human remains were abandoned for disposition under Section
123-3034 of the Counties Code. The only human remains that may be
13delivered to the administrator under this Act and that the
14administrator may receive are those that are reported and
15delivered as contents of a safe deposit box.
16    (d) Evidence in a criminal investigation. Property that
17may have been used in the commission of a crime or that may
18assist in the investigation of a crime, as determined after
19consulting with the Illinois State Police, shall be delivered
20to the Illinois State Police or other appropriate law
21enforcement authority to allow law enforcement to determine
22whether a criminal investigation should take place. Any such
23property delivered to a law enforcement authority shall be
24held in accordance with existing statutes and rules related to
25the gathering, retention, and release of evidence.
26    (e) Firearms.

 

 

HB5199- 471 -LRB103 38448 RLC 68584 b

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

 

 

HB5199- 472 -LRB103 38448 RLC 68584 b

1        (3) With respect to a firearm whose title is
2    transferred to the Illinois State Police under this
3    subsection (e), the Illinois State Police may:
4            (i) retain the firearm for use by the crime
5        laboratory system, for training purposes, or for any
6        other application as deemed appropriate by the
7        Department;
8            (ii) transfer the firearm to the Illinois State
9        Museum if the firearm has historical value; or
10            (iii) destroy the firearm if it is not retained
11        pursuant to subparagraph (i) or transferred pursuant
12        to subparagraph (ii).
13    As used in this subsection, "firearm" has the meaning
14provided in Section 2-7.5 of the Criminal Code of 2012 the
15Firearm Owners Identification Card Act.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    Section 995. No acceleration or delay. Where this Act
18makes changes in a statute that is represented in this Act by
19text that is not yet or no longer in effect (for example, a
20Section represented by multiple versions), the use of that
21text does not accelerate or delay the taking effect of (i) the
22changes made by this Act or (ii) provisions derived from any
23other Public Act.

 

 

HB5199- 473 -LRB103 38448 RLC 68584 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 140/7.5
5    5 ILCS 805/15
6    5 ILCS 830/10-5
7    5 ILCS 840/40
8    20 ILCS 805/805-538
9    20 ILCS 2505/2505-306
10    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13    20 ILCS 2605/2605-595
14    20 ILCS 2605/2605-605
15    20 ILCS 2605/2605-304 rep.
16    20 ILCS 2605/2605-610 rep.
17    20 ILCS 2610/17b
18    20 ILCS 2630/2.2
19    20 ILCS 2910/1from Ch. 127 1/2, par. 501
20    20 ILCS 3930/7.9
21    30 ILCS 105/6z-99
22    30 ILCS 105/6z-127
23    30 ILCS 500/1-10
24    30 ILCS 715/3from Ch. 56 1/2, par. 1703
25    50 ILCS 710/1from Ch. 85, par. 515

 

 

HB5199- 474 -LRB103 38448 RLC 68584 b

1    50 ILCS 725/7.2 rep.
2    55 ILCS 5/3-6042
3    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4    105 ILCS 5/10-27.1A
5    105 ILCS 5/34-8.05
6    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
7    225 ILCS 447/35-30
8    225 ILCS 447/35-35
9    230 ILCS 10/5.4
10    405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
11    405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
12    405 ILCS 5/6-103.1
13    405 ILCS 5/6-103.2
14    405 ILCS 5/6-103.3
15    410 ILCS 45/2from Ch. 111 1/2, par. 1302
16    430 ILCS 65/Act rep.
17    430 ILCS 66/25
18    430 ILCS 66/30
19    430 ILCS 66/40
20    430 ILCS 66/66
21    430 ILCS 66/70
22    430 ILCS 66/80
23    430 ILCS 66/105
24    430 ILCS 67/35
25    430 ILCS 67/40
26    430 ILCS 68/5-20

 

 

HB5199- 475 -LRB103 38448 RLC 68584 b

1    430 ILCS 68/5-25
2    430 ILCS 68/5-40
3    430 ILCS 68/5-85
4    520 ILCS 5/3.2from Ch. 61, par. 3.2
5    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
6    625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
7    720 ILCS 5/2-7.1
8    720 ILCS 5/2-7.5
9    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10    720 ILCS 5/16-0.1
11    720 ILCS 5/17-30was 720 ILCS 5/16C-2
12    720 ILCS 5/24-1from Ch. 38, par. 24-1
13    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14    720 ILCS 5/24-1.6
15    720 ILCS 5/24-1.8
16    720 ILCS 5/24-1.9
17    720 ILCS 5/24-1.10
18    720 ILCS 5/24-2
19    720 ILCS 5/24-3from Ch. 38, par. 24-3
20    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
21    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
22    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
23    720 ILCS 5/24-3.5
24    720 ILCS 5/24-3B
25    720 ILCS 5/24-4.1
26    720 ILCS 5/24-4.5 new

 

 

HB5199- 476 -LRB103 38448 RLC 68584 b

1    720 ILCS 5/24-5.1
2    720 ILCS 5/24-9
3    720 ILCS 646/10
4    725 ILCS 5/102-7.1
5    725 ILCS 5/110-10from Ch. 38, par. 110-10
6    725 ILCS 5/112A-5.5
7    725 ILCS 5/112A-11.1
8    725 ILCS 5/112A-11.2
9    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
10    725 ILCS 5/112A-14.7
11    725 ILCS 5/112A-17.5
12    730 ILCS 5/3-2-10.5
13    730 ILCS 5/5-5-3
14    730 ILCS 5/5-5-3.2
15    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
16    730 ILCS 5/3-2-13 rep.
17    730 ILCS 110/15.2
18    740 ILCS 21/80
19    740 ILCS 110/12from Ch. 91 1/2, par. 812
20    750 ILCS 60/210from Ch. 40, par. 2312-10
21    750 ILCS 60/214from Ch. 40, par. 2312-14
22    765 ILCS 1026/15-705