103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3200

 

Introduced 2/6/2024, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 39081 RLC 69219 b

 

 

A BILL FOR

 

SB3200LRB103 39081 RLC 69219 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 before the
24    effective date of this amendatory Act of the 103rd General
25    Assembly or applied for or received a concealed carry
26    license under the Firearm Concealed Carry Act, unless

 

 

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

 

 

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

 

 

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

 

 

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1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) Information that is prohibited from disclosure
23    by the Illinois Police Training Act and the Illinois State
24    Police Act.
25        (ccc) Records exempt from disclosure under Section
26    2605-304 of the Illinois State Police Law of the Civil

 

 

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1    Administrative Code of Illinois.
2        (ddd) Information prohibited from being disclosed
3    under Section 35 of the Address Confidentiality for
4    Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6        (eee) Information prohibited from being disclosed
7    under subsection (b) of Section 75 of the Domestic
8    Violence Fatality Review Act.
9        (fff) Images from cameras under the Expressway Camera
10    Act. This subsection (fff) is inoperative on and after
11    July 1, 2025.
12        (ggg) Information prohibited from disclosure under
13    paragraph (3) of subsection (a) of Section 14 of the Nurse
14    Agency Licensing Act.
15        (hhh) Information submitted to the Illinois State
16    Police in an affidavit or application for an assault
17    weapon endorsement, assault weapon attachment endorsement,
18    .50 caliber rifle endorsement, or .50 caliber cartridge
19    endorsement under the Firearm Owners Identification Card
20    Act.
21        (iii) Data exempt from disclosure under Section 50 of
22    the School Safety Drill Act.
23        (jjj) (hhh) Information exempt from disclosure under
24    Section 30 of the Insurance Data Security Law.
25        (kkk) (iii) Confidential business information
26    prohibited from disclosure under Section 45 of the Paint

 

 

SB3200- 19 -LRB103 39081 RLC 69219 b

1    Stewardship Act.
2        (lll) (Reserved).
3        (mmm) (iii) Information prohibited from being
4    disclosed under subsection (e) of Section 1-129 of the
5    Illinois Power Agency Act.
6(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
7102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
88-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
9102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
106-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
11eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
12revised 1-2-24.)
 
13    (Text of Section after amendment by P.A. 103-472)
14    Sec. 7.5. Statutory exemptions. To the extent provided for
15by the statutes referenced below, the following shall be
16exempt from inspection and copying:
17        (a) All information determined to be confidential
18    under Section 4002 of the Technology Advancement and
19    Development Act.
20        (b) Library circulation and order records identifying
21    library users with specific materials under the Library
22    Records Confidentiality Act.
23        (c) Applications, related documents, and medical
24    records received by the Experimental Organ Transplantation
25    Procedures Board and any and all documents or other

 

 

SB3200- 20 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 21 -LRB103 39081 RLC 69219 b

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.

 

 

SB3200- 22 -LRB103 39081 RLC 69219 b

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 before the
24    effective date of this amendatory Act of the 103rd General
25    Assembly or applied for or received a concealed carry
26    license under the Firearm Concealed Carry Act, unless

 

 

SB3200- 23 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 24 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 25 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 26 -LRB103 39081 RLC 69219 b

1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) Information that is prohibited from disclosure
23    by the Illinois Police Training Act and the Illinois State
24    Police Act.
25        (ccc) Records exempt from disclosure under Section
26    2605-304 of the Illinois State Police Law of the Civil

 

 

SB3200- 27 -LRB103 39081 RLC 69219 b

1    Administrative Code of Illinois.
2        (ddd) Information prohibited from being disclosed
3    under Section 35 of the Address Confidentiality for
4    Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6        (eee) Information prohibited from being disclosed
7    under subsection (b) of Section 75 of the Domestic
8    Violence Fatality Review Act.
9        (fff) Images from cameras under the Expressway Camera
10    Act. This subsection (fff) is inoperative on and after
11    July 1, 2025.
12        (ggg) Information prohibited from disclosure under
13    paragraph (3) of subsection (a) of Section 14 of the Nurse
14    Agency Licensing Act.
15        (hhh) Information submitted to the Illinois State
16    Police in an affidavit or application for an assault
17    weapon endorsement, assault weapon attachment endorsement,
18    .50 caliber rifle endorsement, or .50 caliber cartridge
19    endorsement under the Firearm Owners Identification Card
20    Act.
21        (iii) Data exempt from disclosure under Section 50 of
22    the School Safety Drill Act.
23        (jjj) (hhh) Information exempt from disclosure under
24    Section 30 of the Insurance Data Security Law.
25        (kkk) (iii) Confidential business information
26    prohibited from disclosure under Section 45 of the Paint

 

 

SB3200- 28 -LRB103 39081 RLC 69219 b

1    Stewardship Act.
2        (lll) (iii) Data exempt from disclosure under Section
3    2-3.196 of the School Code.
4        (mmm) (iii) Information prohibited from being
5    disclosed under subsection (e) of Section 1-129 of the
6    Illinois Power Agency Act.
7(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
8102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
98-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
10102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
116-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
12eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
13103-580, eff. 12-8-23; revised 1-2-24.)
 
14    Section 15. The Illinois TRUST Act is amended by changing
15Section 15 as follows:
 
16    (5 ILCS 805/15)
17    Sec. 15. Prohibition on enforcing federal civil
18immigration laws.
19    (a) A law enforcement agency or law enforcement official
20shall not detain or continue to detain any individual solely
21on the basis of any immigration detainer or civil immigration
22warrant or otherwise comply with an immigration detainer or
23civil immigration warrant.
24    (b) A law enforcement agency or law enforcement official

 

 

SB3200- 29 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 30 -LRB103 39081 RLC 69219 b

1immigration status pursuant to the Firearm Owners
2Identification Card Act, the Firearm Concealed Carry Act,
3Article 24 of the Criminal Code of 2012, or 18 United States
4Code Sections 921 through 931.
5    (f) Unless otherwise limited by federal law, a law
6enforcement agency or law enforcement official may not deny
7services, benefits, privileges, or opportunities to an
8individual in custody or under probation status, including,
9but not limited to, eligibility for or placement in a lower
10custody classification, educational, rehabilitative, or
11diversionary programs, on the basis of the individual's
12citizenship or immigration status, the issuance of an
13immigration detainer or civil immigration warrant against the
14individual, or the individual being in immigration removal
15proceedings.
16    (g)(1) No law enforcement agency, law enforcement
17official, or any unit of State or local government may enter
18into or renew any contract, intergovernmental service
19agreement, or any other agreement to house or detain
20individuals for federal civil immigration violations.
21    (2) Any law enforcement agency, law enforcement official,
22or unit of State or local government with an existing
23contract, intergovernmental agreement, or other agreement,
24whether in whole or in part, that is utilized to house or
25detain individuals for civil immigration violations shall
26exercise the termination provision in the agreement as applied

 

 

SB3200- 31 -LRB103 39081 RLC 69219 b

1to housing or detaining individuals for civil immigration
2violations no later than January 1, 2022.
3    (h) Unless presented with a federal criminal warrant, or
4otherwise required by federal law, a law enforcement agency or
5official may not:
6        (1) participate, support, or assist in any capacity
7    with an immigration agent's enforcement operations,
8    including any collateral assistance such as coordinating
9    an arrest in a courthouse or other public facility,
10    providing use of any equipment, transporting any
11    individuals, or establishing a security or traffic
12    perimeter surrounding such operations, or any other
13    on-site support;
14        (2) give any immigration agent access, including by
15    telephone, to any individual who is in that agency's
16    custody;
17        (3) transfer any person into an immigration agent's
18    custody;
19        (4) permit immigration agents use of agency facilities
20    or equipment, including any agency electronic databases
21    not available to the public, for investigative interviews
22    or other investigative or immigration enforcement purpose;
23        (5) enter into or maintain any agreement regarding
24    direct access to any electronic database or other
25    data-sharing platform maintained by any law enforcement
26    agency, or otherwise provide such direct access to the

 

 

SB3200- 32 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 33 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 34 -LRB103 39081 RLC 69219 b

1    (b) (Blank). The Illinois State Police shall study, on a
2regular and ongoing basis, and compile reports on the number
3of Firearm Owner's Identification Card checks to determine
4firearms trafficking or straw purchase patterns. The Illinois
5State Police shall, to the extent not inconsistent with law,
6share such reports and underlying data with academic centers,
7foundations, and law enforcement agencies studying firearms
8trafficking, provided that personally identifying information
9is protected. For purposes of this subsection (b), a Firearm
10Owner's Identification Card number is not personally
11identifying information, provided that no other personal
12information of the card holder is attached to the record. The
13Illinois State Police may create and attach an alternate
14unique identifying number to each Firearm Owner's
15Identification Card number, instead of releasing the Firearm
16Owner's Identification Card number itself.
17    (c) Each department, office, division, and agency of this
18State shall, to the extent not inconsistent with law,
19cooperate fully with the Illinois State Police and furnish the
20Illinois State Police with all relevant information and
21assistance on a timely basis as is necessary to accomplish the
22purpose of this Act. The Illinois Criminal Justice Information
23Authority shall submit the information required in subsection
24(a) of this Section to the Illinois State Police, and any other
25information as the Illinois State Police may request, to
26assist the Illinois State Police in carrying out its duties

 

 

SB3200- 35 -LRB103 39081 RLC 69219 b

1under this Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
4    Section 25. The First Responders Suicide Prevention Act is
5amended by changing Section 40 as follows:
 
6    (5 ILCS 840/40)
7    Sec. 40. Task Force recommendations.
8    (a) Task Force members shall recommend that agencies and
9organizations guarantee access to mental health and wellness
10services, including, but not limited to, peer support programs
11and providing ongoing education related to the ever-evolving
12concept of mental health wellness. These recommendations could
13be accomplished by:
14        (1) Revising agencies' and organizations' employee
15    assistance programs (EAPs).
16        (2) Urging health care providers to replace outdated
17    healthcare plans and include more progressive options
18    catering to the needs and disproportionate risks
19    shouldered by our first responders.
20        (3) Allocating funding or resources for public service
21    announcements (PSA) and messaging campaigns aimed at
22    raising awareness of available assistance options.
23        (4) Encouraging agencies and organizations to attach
24    lists of all available resources to training manuals and

 

 

SB3200- 36 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 37 -LRB103 39081 RLC 69219 b

1    and recreational hobbies, which have been scientifically
2    proven to play a major role in brain health and mental
3    wellness.
4    (c) Task Force members shall recommend that administrators
5and leadership personnel solicit training services from
6evidence-based, data driven organizations. Organizations with
7personnel trained on the analytical review and interpretation
8of specific fields related to the nature of first responders'
9exploits, such as PTSD, substance abuse, chronic state of
10duress. Task Force members shall further recommend funding for
11expansion and messaging campaigns of preliminary
12self-diagnosing technologies like the one described above.
13These objectives could be met by:
14        (1) Contacting an accredited agency, association, or
15    organization recognized in the field or fields of specific
16    study. Unbeknownst to the majority, many of the agencies
17    and organizations listed above receive grants and
18    allocations to assist communities with the very issues
19    being discussed in this Section.
20        (2) Normalizing help-seeking behaviors for both first
21    responders and their families through regular messaging
22    and peer support outreach, beginning with academy
23    curricula and continuing education throughout individuals'
24    careers.
25        (3) Funding and implementing PSA campaigns that
26    provide clear and concise calls to action about mental

 

 

SB3200- 38 -LRB103 39081 RLC 69219 b

1    health and wellness, resiliency, help-seeking, treatment,
2    and recovery.
3        (4) Promoting and raising awareness of not-for-profit
4    organizations currently available to assist individuals in
5    search of care and treatment. Organizations have intuitive
6    user-friendly sites, most of which have mobile
7    applications, so first responders can access at a moment's
8    notice. However, because of limited funds, these
9    organizations have a challenging time of getting the word
10    out there about their existence.
11        (5) Expanding Family and Medical Leave Act protections
12    for individuals voluntarily seeking preventative
13    treatment.
14        (6) Promoting and ensuring complete patient
15    confidentiality protections.
16    (d) Task Force members shall recommend that agencies and
17organizations incorporate the following training components
18into already existing modules and educational curriculums.
19Doing so could be done by:
20        (1) Bolstering academy and school curricula by
21    requiring depressive disorder training catered to PTSD,
22    substance abuse, and early detection techniques training,
23    taking into close consideration respective agency or
24    organization size, and the frequency and number of all
25    current federal and state mandatory examinations and
26    trainings expected respectively.

 

 

SB3200- 39 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 40 -LRB103 39081 RLC 69219 b

1    Officers' Disciplinary Act.
2(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;
3revised 1-20-24.)
 
4    Section 30. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of
6Illinois is amended by changing Section 805-538 as follows:
 
7    (20 ILCS 805/805-538)
8    Sec. 805-538. Retiring officer; purchase of service
9firearm and police badge. The Director of Natural Resources
10shall establish a program to allow a Conservation Police
11Officer who is honorably retiring in good standing to purchase
12either one or both of the following: (1) any Department of
13Natural Resources police badge previously issued to that
14officer; or (2) if the officer has a currently valid Firearm
15Owner's Identification Card, the service firearm issued or
16previously issued to the officer by the Department of Natural
17Resources. The cost of the firearm shall be the replacement
18value of the firearm and not the firearm's fair market value.
19(Source: P.A. 100-931, eff. 8-17-18.)
 
20    Section 35. The Department of Revenue Law of the Civil
21Administrative Code of Illinois is amended by changing Section
222505-306 as follows:
 

 

 

SB3200- 41 -LRB103 39081 RLC 69219 b

1    (20 ILCS 2505/2505-306)
2    Sec. 2505-306. Retiring investigators; purchase of service
3firearm and badge. The Director shall establish a program to
4allow a Department investigator who is honorably retiring in
5good standing to purchase either one or both of the following:
6(1) any badge previously issued to the investigator by the
7Department; or (2) if the investigator has a currently valid
8Firearm Owner's Identification Card, the service firearm
9issued or previously issued to the investigator by the
10Department. The cost of the firearm shall be the replacement
11value of the firearm and not the firearm's fair market value.
12(Source: P.A. 102-719, eff. 5-6-22.)
 
13    Section 40. The Illinois State Police Law of the Civil
14Administrative Code of Illinois is amended by changing
15Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as
16follows:
 
17    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
18    Sec. 2605-10. Powers and duties, generally.
19    (a) The Illinois State Police shall exercise the rights,
20powers, and duties that have been vested in the Illinois State
21Police by the following:
22        The Illinois State Police Act.
23        The Illinois State Police Radio Act.
24        The Criminal Identification Act.

 

 

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

 

 

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

 

 

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1    of security and law enforcement activities by the
2    departments and agencies of the State necessary for the
3    protection of State employees, State officials, and
4    State-owned, State-leased, or State-operated critical
5    infrastructure or facilities from criminal activity.
6        (10) Advise the Governor and Homeland Security Advisor
7    on any matters necessary for the effective protection of
8    State facilities, critical infrastructure, officials, and
9    employees from criminal threats.
10        (11) Utilize intergovernmental agreements and
11    administrative rules as needed for the effective,
12    efficient implementation of law enforcement and support
13    activities necessary for the protection of State
14    facilities, State infrastructure, State employees, and,
15    upon the express written consent of State constitutional
16    officials, State constitutional officials.
17(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
18103-564, eff. 11-17-23.)
 
19    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
20    Sec. 2605-45. Division of Justice Services. The Division
21of Justice Services shall provide administrative and technical
22services and support to the Illinois State Police, criminal
23justice agencies, and the public and shall exercise the
24following functions:
25        (1) Operate and maintain the Law Enforcement Agencies

 

 

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

 

 

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1        (6.5) Exercise the rights, powers, and duties vested
2    in the Illinois State Police by the Firearm Owners
3    Identification Card Act, the Firearm Concealed Carry Act,
4    the Firearm Transfer Inquiry Program, the prohibited
5    persons portal under Section 2605-304, and the Firearm
6    Dealer License Certification Act.
7        (7) Exercise other duties that may be assigned by the
8    Director to fulfill the responsibilities and achieve the
9    purposes of the Illinois State Police.
10        (8) Exercise the rights, powers, and duties vested by
11    law in the Illinois State Police by the Criminal
12    Identification Act and the Illinois Uniform Conviction
13    Information Act.
14        (9) Exercise the powers and perform the duties that
15    have been vested in the Illinois State Police by the
16    Murderer and Violent Offender Against Youth Registration
17    Act, the Sex Offender Registration Act, and the Sex
18    Offender Community Notification Law and adopt reasonable
19    rules necessitated thereby.
20        (10) Serve as the State central repository for
21    criminal history record information.
22        (11) Share all necessary information with the
23    Concealed Carry Licensing Review Board and the Firearms
24    Owner's Identification Card Review Board necessary for the
25    execution of their duties.
26(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
 

 

 

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1    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-200. Investigations of crime; enforcement of
3laws; records; crime laboratories; personnel.
4    (a) To do the following:
5        (1) Investigate the origins, activities, personnel,
6    and incidents of crime and the ways and means to redress
7    the victims of crimes; study the impact, if any, of
8    legislation relative to the effusion of crime and growing
9    crime rates; and enforce the criminal laws of this State
10    related thereto.
11        (2) Enforce all laws regulating the production, sale,
12    prescribing, manufacturing, administering, transporting,
13    having in possession, dispensing, delivering,
14    distributing, or use of controlled substances and
15    cannabis.
16        (3) Employ skilled experts, scientists, technicians,
17    investigators, or otherwise specially qualified persons to
18    aid in preventing or detecting crime, apprehending
19    criminals, or preparing and presenting evidence of
20    violations of the criminal laws of the State.
21        (4) Cooperate with the police of cities, villages, and
22    incorporated towns and with the police officers of any
23    county in enforcing the laws of the State and in making
24    arrests and recovering property.
25        (5) Apprehend and deliver up any person charged in

 

 

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

 

 

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

 

 

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1duties under the Firearm Owners Identification Card Act, the
2Firearm Dealer License Certification Act, and the Firearm
3Concealed Carry Act, including the cost of sending notices of
4expiration of Firearm Owner's Identification Cards, concealed
5carry licenses, the prompt and efficient processing of
6applications under the Firearm Owners Identification Card Act
7and the Firearm Concealed Carry Act, the improved efficiency
8and reporting of the LEADS and federal NICS law enforcement
9data systems, and support for investigations required under
10these Acts and law. Any surplus funds beyond what is needed to
11comply with the aforementioned purposes shall be used by the
12Illinois State Police to improve the Law Enforcement Agencies
13Data System (LEADS) and criminal history background check
14system.
15    (c) Investment income that is attributable to the
16investment of moneys in the Fund shall be retained in the Fund
17for the uses specified in this Section.
18(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
19103-363, eff. 7-28-23.)
 
20    (20 ILCS 2605/2605-605)
21    Sec. 2605-605. Violent Crime Intelligence Task Force. The
22Director of the Illinois State Police shall establish a
23statewide multi-jurisdictional Violent Crime Intelligence Task
24Force led by the Illinois State Police dedicated to combating
25gun violence, gun-trafficking, and other violent crime with

 

 

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

 

 

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

 

 

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1operations against persons whose Firearm Owner's
2Identification Cards have been revoked or suspended and
3persons who fail to comply with the requirements of Section
49.5 of the Firearm Owners Identification Card Act,
5prioritizing individuals presenting a clear and present danger
6to themselves or to others under paragraph (2) of subsection
7(d) of Section 8.1 of the Firearm Owners Identification Card
8Act.
9    (8) The Task Force shall collaborate with local law
10enforcement agencies to enforce provisions of the Firearm
11Owners Identification Card Act, the Firearm Concealed Carry
12Act, the Firearm Dealer License Certification Act, and Article
1324 of the Criminal Code of 2012.
14    (9) To implement this Section, the Director of the
15Illinois State Police may establish intergovernmental
16agreements with law enforcement agencies in accordance with
17the Intergovernmental Cooperation Act.
18    (10) Law enforcement agencies that participate in
19activities described in paragraphs (7) through (9) may apply
20to the Illinois State Police for grants from the State Police
21Revocation Enforcement Fund.
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
 
24    (20 ILCS 2605/2605-304 rep.)
25    (20 ILCS 2605/2605-610 rep.)

 

 

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1    Section 45. The Illinois State Police Law of the Civil
2Administrative Code of Illinois is amended by repealing
3Sections 2605-304 and 2605-610.
 
4    Section 50. The Illinois State Police Act is amended by
5changing Section 17b as follows:
 
6    (20 ILCS 2610/17b)
7    Sec. 17b. Retiring officer; purchase of service firearm
8and police badge. The Director of the Illinois State Police
9shall establish a policy to allow a State Police officer who is
10honorably retiring or separating in good standing to purchase
11either one or both of the following: (i) any State Police badge
12previously issued to that officer; or (ii) if the officer has a
13currently valid Firearm Owner's Identification Card, the
14service firearm issued or previously issued to the officer by
15the Illinois State Police. The cost of the firearm purchased
16shall be the replacement value of the firearm and not the
17firearm's fair market value.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 55. The Criminal Identification Act is amended by
20changing Section 2.2 as follows:
 
21    (20 ILCS 2630/2.2)
22    Sec. 2.2. Notification to the Illinois State Police. Upon

 

 

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1judgment of conviction of a violation of Section 12-1, 12-2,
212-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
3the Criminal Code of 2012 when the defendant has been
4determined, pursuant to Section 112A-11.1 of the Code of
5Criminal Procedure of 1963, to be subject to the prohibitions
6of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
7notification and a copy of the written determination in a
8report of the conviction to the Illinois State Police Firearm
9Owner's Identification Card Office to enable the Illinois
10State Police office to perform its duties under the Firearm
11Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
12Identification Card Act and to report that determination to
13the Federal Bureau of Investigation to assist the Federal
14Bureau of Investigation in identifying persons prohibited from
15purchasing and possessing a firearm pursuant to the provisions
16of 18 U.S.C. 922. The written determination described in this
17Section shall be included in the defendant's record of arrest
18and conviction in the manner and form prescribed by the
19Illinois State Police.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    Section 60. The Peace Officer Fire Investigation Act is
22amended by changing Section 1 as follows:
 
23    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
24    Sec. 1. Peace officer status.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (a) There is created in the State treasury a special fund
2known as the Mental Health Reporting Fund. The Fund shall
3receive revenue under the Firearm Concealed Carry Act. The
4Fund may also receive revenue from grants, pass-through
5grants, donations, appropriations, and any other legal source.
6    (b) The Illinois State Police and Department of Human
7Services shall coordinate to use moneys in the Fund to finance
8their respective duties of collecting and reporting data on
9mental health records and ensuring that mental health firearm
10possession prohibitors are enforced as set forth under the
11Firearm Concealed Carry Act and the Firearm Owners
12Identification Card Act. Any surplus in the Fund beyond what
13is necessary to ensure compliance with mental health reporting
14under that Act these Acts shall be used by the Department of
15Human Services for mental health treatment programs as
16follows: (1) 50% shall be used to fund community-based mental
17health programs aimed at reducing gun violence, community
18integration and education, or mental health awareness and
19prevention, including administrative costs; and (2) 50% shall
20be used to award grants that use and promote the National
21School Mental Health Curriculum model for school-based mental
22health support, integration, and services.
23    (c) Investment income that is attributable to the
24investment of moneys in the Fund shall be retained in the Fund
25for the uses specified in this Section.
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

 

 

SB3200- 64 -LRB103 39081 RLC 69219 b

1102-813, eff. 5-13-22.)
 
2    (30 ILCS 105/6z-127)
3    Sec. 6z-127. State Police Revocation Enforcement Fund.
4    (a) The State Police Revocation Enforcement Fund is
5established as a special fund in the State treasury. This Fund
6is established to receive moneys from the Firearm Owners
7Identification Card Act to enforce that Act, the Firearm
8Concealed Carry Act, Article 24 of the Criminal Code of 2012,
9and other firearm offenses. The Fund may also receive revenue
10from grants, donations, appropriations, and any other legal
11source.
12    (b) The Illinois State Police may use moneys from the Fund
13to establish task forces and, if necessary, include other law
14enforcement agencies, under intergovernmental contracts
15written and executed in conformity with the Intergovernmental
16Cooperation Act.
17    (c) The Illinois State Police may use moneys in the Fund to
18hire and train State Police officers and for the prevention of
19violent crime.
20    (d) The State Police Revocation Enforcement Fund is not
21subject to administrative chargebacks.
22    (e) (Blank). Law enforcement agencies that participate in
23Firearm Owner's Identification Card revocation enforcement in
24the Violent Crime Intelligence Task Force may apply for grants
25from the Illinois State Police.

 

 

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1    (f) Any surplus in the Fund beyond what is necessary to
2ensure compliance with subsections (a) through (e) or moneys
3that are specifically appropriated for those purposes shall be
4used by the Illinois State Police to award grants to assist
5with the data reporting requirements of the Gun Trafficking
6Information Act.
7(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
8103-34, eff. 6-9-23.)
 
9    Section 75. The Illinois Procurement Code is amended by
10changing Section 1-10 as follows:
 
11    (30 ILCS 500/1-10)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any
17provision of a contract, entered into based on a solicitation
18prior to the implementation date of this Code as described in
19Article 99, including, but not limited to, any covenant
20entered into with respect to any revenue bonds or similar
21instruments. All procurements for which contracts are
22solicited between the effective date of Articles 50 and 99 and
23July 1, 1998 shall be substantially in accordance with this
24Code and its intent.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3200- 70 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 71 -LRB103 39081 RLC 69219 b

1    subcontracts over $100,000. Notice of each contract
2    entered into under this paragraph (18) that is related to
3    the procurement of goods and services identified in
4    paragraph (1) through (9) of this subsection shall be
5    published in the Procurement Bulletin within 14 calendar
6    days after contract execution. The Chief Procurement
7    Officer shall prescribe the form and content of the
8    notice. Each agency shall provide the Chief Procurement
9    Officer, on a monthly basis, in the form and content
10    prescribed by the Chief Procurement Officer, a report of
11    contracts that are related to the procurement of goods and
12    services identified in this subsection. At a minimum, this
13    report shall include the name of the contractor, a
14    description of the supply or service provided, the total
15    amount of the contract, the term of the contract, and the
16    exception to this Code utilized. A copy of any or all of
17    these contracts shall be made available to the Chief
18    Procurement Officer immediately upon request. The Chief
19    Procurement Officer shall submit a report to the Governor
20    and General Assembly no later than November 1 of each year
21    that includes, at a minimum, an annual summary of the
22    monthly information reported to the Chief Procurement
23    Officer. This exemption becomes inoperative 5 years after
24    June 25, 2019 (the effective date of Public Act 101-27).
25        (19) Acquisition of modifications or adjustments,
26    limited to assistive technology devices and assistive

 

 

SB3200- 72 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 73 -LRB103 39081 RLC 69219 b

1    under the federal Americans with Disabilities Act when
2    describing an individual with a disability.
3        (20) Procurement expenditures necessary for the
4    Illinois Commerce Commission to hire third-party
5    facilitators pursuant to Sections 16-105.17 and 16-108.18
6    of the Public Utilities Act or an ombudsman pursuant to
7    Section 16-107.5 of the Public Utilities Act, a
8    facilitator pursuant to Section 16-105.17 of the Public
9    Utilities Act, or a grid auditor pursuant to Section
10    16-105.10 of the Public Utilities Act.
11        (21) Procurement expenditures for the purchase,
12    renewal, and expansion of software, software licenses, or
13    software maintenance agreements that support the efforts
14    of the Illinois State Police to enforce, regulate, and
15    administer the Firearm Owners Identification Card Act, the
16    Firearm Concealed Carry Act, the Firearms Restraining
17    Order Act, the Firearm Dealer License Certification Act,
18    the Law Enforcement Agencies Data System (LEADS), the
19    Uniform Crime Reporting Act, the Criminal Identification
20    Act, the Illinois Uniform Conviction Information Act, and
21    the Gun Trafficking Information Act, or establish or
22    maintain record management systems necessary to conduct
23    human trafficking investigations or gun trafficking or
24    other stolen firearm investigations. This paragraph (21)
25    applies to contracts entered into on or after January 10,
26    2023 (the effective date of Public Act 102-1116) and the

 

 

SB3200- 74 -LRB103 39081 RLC 69219 b

1    renewal of contracts that are in effect on January 10,
2    2023 (the effective date of Public Act 102-1116).
3        (22) Contracts for project management services and
4    system integration services required for the completion of
5    the State's enterprise resource planning project. This
6    exemption becomes inoperative 5 years after June 7, 2023
7    (the effective date of the changes made to this Section by
8    Public Act 103-8). This paragraph (22) applies to
9    contracts entered into on or after June 7, 2023 (the
10    effective date of the changes made to this Section by
11    Public Act 103-8) and the renewal of contracts that are in
12    effect on June 7, 2023 (the effective date of the changes
13    made to this Section by Public Act 103-8).
14        (23) Procurements necessary for the Department of
15    Insurance to implement the Illinois Health Benefits
16    Exchange Law if the Department of Insurance has made a
17    good faith determination that it is necessary and
18    appropriate for the expenditure to fall within this
19    exemption. The procurement process shall be conducted in a
20    manner substantially in accordance with the requirements
21    of Sections 20-160 and 25-60 and Article 50 of this Code. A
22    copy of these contracts shall be made available to the
23    Chief Procurement Officer immediately upon request. This
24    paragraph is inoperative 5 years after June 27, 2023 (the
25    effective date of Public Act 103-103).
26        (24) (22) Contracts for public education programming,

 

 

SB3200- 75 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 76 -LRB103 39081 RLC 69219 b

1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

SB3200- 77 -LRB103 39081 RLC 69219 b

1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
261-2-24.)
 

 

 

SB3200- 78 -LRB103 39081 RLC 69219 b

1    Section 80. The Intergovernmental Drug Laws Enforcement
2Act is amended by changing Section 3 as follows:
 
3    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
4    Sec. 3. A Metropolitan Enforcement Group which meets the
5minimum criteria established in this Section is eligible to
6receive State grants to help defray the costs of operation. To
7be eligible a MEG must:
8        (1) Be established and operating pursuant to
9    intergovernmental contracts written and executed in
10    conformity with the Intergovernmental Cooperation Act, and
11    involve 2 or more units of local government.
12        (2) Establish a MEG Policy Board composed of an
13    elected official, or his designee, and the chief law
14    enforcement officer, or his designee, from each
15    participating unit of local government to oversee the
16    operations of the MEG and make such reports to the
17    Illinois State Police as the Illinois State Police may
18    require.
19        (3) Designate a single appropriate elected official of
20    a participating unit of local government to act as the
21    financial officer of the MEG for all participating units
22    of local government and to receive funds for the operation
23    of the MEG.
24        (4) Limit its operations to enforcement of drug laws;

 

 

SB3200- 79 -LRB103 39081 RLC 69219 b

1    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
2    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
3    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
4    24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
5    of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm
6    Owners Identification Card Act; and the investigation of
7    streetgang related offenses.
8        (5) Cooperate with the Illinois State Police in order
9    to assure compliance with this Act and to enable the
10    Illinois State Police to fulfill its duties under this
11    Act, and supply the Illinois State Police with all
12    information the Illinois State Police deems necessary
13    therefor.
14        (6) Receive funding of at least 50% of the total
15    operating budget of the MEG from the participating units
16    of local government.
17(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
19    Section 85. The Peace Officer Firearm Training Act is
20amended by changing Section 1 as follows:
 
21    (50 ILCS 710/1)  (from Ch. 85, par. 515)
22    Sec. 1. Definitions. As used in this Act:
23    (a) "Peace officer" means (i) any person who by virtue of
24his office or public employment is vested by law with a primary

 

 

SB3200- 80 -LRB103 39081 RLC 69219 b

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

 

 

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1    (55 ILCS 5/3-6042)
2    Sec. 3-6042. Retiring employee; purchase of service
3firearm and badge. Each Sheriff shall establish a program to
4allow an employee of the Sheriff's Department who is honorably
5retiring in good standing to purchase either one or both of the
6following: (1) any badge previously issued to the employee by
7the Sheriff's Department; or (2) if the employee has a
8currently valid Firearm Owner's Identification Card, the
9service firearm issued or previously issued to the employee by
10the Sheriff's Department. The badge must be permanently and
11conspicuously marked in such a manner that the individual who
12possesses the badge is not mistaken for an actively serving
13law enforcement officer. The cost of the firearm shall be the
14replacement value of the firearm and not the firearm's fair
15market value.
16(Source: P.A. 102-719, eff. 5-6-22.)
 
17    Section 100. The School Code is amended by changing
18Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
19    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
20    (Text of Section before amendment by P.A. 102-466)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct

 

 

SB3200- 82 -LRB103 39081 RLC 69219 b

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

 

 

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1principal, or dean of students of any school to suspend pupils
2guilty of gross disobedience or misconduct, or to suspend
3pupils guilty of gross disobedience or misconduct on the
4school bus from riding the school bus, pursuant to subsections
5(b-15) and (b-20) of this Section, and no action shall lie
6against them for such suspension. The board may by policy
7authorize the superintendent of the district or the principal,
8assistant principal, or dean of students of any school to
9suspend pupils guilty of such acts for a period not to exceed
1010 school days. If a pupil is suspended due to gross
11disobedience or misconduct on a school bus, the board may
12suspend the pupil in excess of 10 school days for safety
13reasons.
14    Any suspension shall be reported immediately to the
15parents or guardian of a pupil along with a full statement of
16the reasons for such suspension and a notice of their right to
17a review. The school board must be given a summary of the
18notice, including the reason for the suspension and the
19suspension length. Upon request of the parents or guardian,
20the school board or a hearing officer appointed by it shall
21review such action of the superintendent or principal,
22assistant principal, or dean of students. At such review, the
23parents or guardian of the pupil may appear and discuss the
24suspension with the board or its hearing officer. If a hearing
25officer is appointed by the board, he shall report to the board
26a written summary of the evidence heard at the meeting. After

 

 

SB3200- 84 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

SB3200- 87 -LRB103 39081 RLC 69219 b

1    (b-30) A school district shall create a policy by which
2suspended pupils, including those pupils suspended from the
3school bus who do not have alternate transportation to school,
4shall have the opportunity to make up work for equivalent
5academic credit. It shall be the responsibility of a pupil's
6parent or guardian to notify school officials that a pupil
7suspended from the school bus does not have alternate
8transportation to school.
9    (c) A school board must invite a representative from a
10local mental health agency to consult with the board at the
11meeting whenever there is evidence that mental illness may be
12the cause of a student's expulsion or suspension.
13    (c-5) School districts shall make reasonable efforts to
14provide ongoing professional development to teachers,
15administrators, school board members, school resource
16officers, and staff on the adverse consequences of school
17exclusion and justice-system involvement, effective classroom
18management strategies, culturally responsive discipline, the
19appropriate and available supportive services for the
20promotion of student attendance and engagement, and
21developmentally appropriate disciplinary methods that promote
22positive and healthy school climates.
23    (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case basis. A student who is determined to have
26brought one of the following objects to school, any

 

 

SB3200- 88 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 89 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 90 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 91 -LRB103 39081 RLC 69219 b

1students to drop out voluntarily due to behavioral or academic
2difficulties.
3    (i) A student may not be issued a monetary fine or fee as a
4disciplinary consequence, though this shall not preclude
5requiring a student to provide restitution for lost, stolen,
6or damaged property.
7    (j) Subsections (a) through (i) of this Section shall
8apply to elementary and secondary schools, charter schools,
9special charter districts, and school districts organized
10under Article 34 of this Code.
11    (k) The expulsion of children enrolled in programs funded
12under Section 1C-2 of this Code is subject to the requirements
13under paragraph (7) of subsection (a) of Section 2-3.71 of
14this Code.
15    (l) Beginning with the 2018-2019 school year, an in-school
16suspension program provided by a school district for any
17students in kindergarten through grade 12 may focus on
18promoting non-violent conflict resolution and positive
19interaction with other students and school personnel. A school
20district may employ a school social worker or a licensed
21mental health professional to oversee an in-school suspension
22program in kindergarten through grade 12.
23(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (Text of Section after amendment by P.A. 102-466)

 

 

SB3200- 92 -LRB103 39081 RLC 69219 b

1    Sec. 10-22.6. Suspension or expulsion of pupils; school
2searches.
3    (a) To expel pupils guilty of gross disobedience or
4misconduct, including gross disobedience or misconduct
5perpetuated by electronic means, pursuant to subsection (b-20)
6of this Section, and no action shall lie against them for such
7expulsion. Expulsion shall take place only after the parents
8or guardians have been requested to appear at a meeting of the
9board, or with a hearing officer appointed by it, to discuss
10their child's behavior. Such request shall be made by
11registered or certified mail and shall state the time, place
12and purpose of the meeting. The board, or a hearing officer
13appointed by it, at such meeting shall state the reasons for
14dismissal and the date on which the expulsion is to become
15effective. If a hearing officer is appointed by the board, he
16shall report to the board a written summary of the evidence
17heard at the meeting and the board may take such action thereon
18as it finds appropriate. If the board acts to expel a pupil,
19the written expulsion decision shall detail the specific
20reasons why removing the pupil from the learning environment
21is in the best interest of the school. The expulsion decision
22shall also include a rationale as to the specific duration of
23the expulsion. An expelled pupil may be immediately
24transferred to an alternative program in the manner provided
25in Article 13A or 13B of this Code. A pupil must not be denied
26transfer because of the expulsion, except in cases in which

 

 

SB3200- 93 -LRB103 39081 RLC 69219 b

1such transfer is deemed to cause a threat to the safety of
2students or staff in the alternative program.
3    (b) To suspend or by policy to authorize the
4superintendent of the district or the principal, assistant
5principal, or dean of students of any school to suspend pupils
6guilty of gross disobedience or misconduct, or to suspend
7pupils guilty of gross disobedience or misconduct on the
8school bus from riding the school bus, pursuant to subsections
9(b-15) and (b-20) of this Section, and no action shall lie
10against them for such suspension. The board may by policy
11authorize the superintendent of the district or the principal,
12assistant principal, or dean of students of any school to
13suspend pupils guilty of such acts for a period not to exceed
1410 school days. If a pupil is suspended due to gross
15disobedience or misconduct on a school bus, the board may
16suspend the pupil in excess of 10 school days for safety
17reasons.
18    Any suspension shall be reported immediately to the
19parents or guardians of a pupil along with a full statement of
20the reasons for such suspension and a notice of their right to
21a review. The school board must be given a summary of the
22notice, including the reason for the suspension and the
23suspension length. Upon request of the parents or guardians,
24the school board or a hearing officer appointed by it shall
25review such action of the superintendent or principal,
26assistant principal, or dean of students. At such review, the

 

 

SB3200- 94 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 95 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 96 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 97 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 98 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 99 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 100 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

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1apply to elementary and secondary schools, charter schools,
2special charter districts, and school districts organized
3under Article 34 of this Code.
4    (k) The expulsion of children enrolled in programs funded
5under Section 1C-2 of this Code is subject to the requirements
6under paragraph (7) of subsection (a) of Section 2-3.71 of
7this Code.
8    (l) Beginning with the 2018-2019 school year, an in-school
9suspension program provided by a school district for any
10students in kindergarten through grade 12 may focus on
11promoting non-violent conflict resolution and positive
12interaction with other students and school personnel. A school
13district may employ a school social worker or a licensed
14mental health professional to oversee an in-school suspension
15program in kindergarten through grade 12.
16(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
17102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
18    (105 ILCS 5/10-27.1A)
19    Sec. 10-27.1A. Firearms in schools.
20    (a) All school officials, including teachers, school
21counselors, and support staff, shall immediately notify the
22office of the principal in the event that they observe any
23person in possession of a firearm on school grounds; provided
24that taking such immediate action to notify the office of the
25principal would not immediately endanger the health, safety,

 

 

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

 

 

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

 

 

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1immediately, who shall report to the Illinois State Police in
2a form, manner, and frequency as prescribed by the Illinois
3State Police.
4    The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Illinois
7State Police. The State Board of Education shall compile this
8information by school district and make it available to the
9public.
10    (d) As used in this Section, the term "firearm" shall have
11the meaning ascribed to it in Section 2-7.5 of the Criminal
12Code of 2012 1.1 of the Firearm Owners Identification Card
13Act.
14    As used in this Section, the term "school" means any
15public or private elementary or secondary school.
16    As used in this Section, the term "school grounds"
17includes the real property comprising any school, any
18conveyance owned, leased, or contracted by a school to
19transport students to or from school or a school-related
20activity, or any public way within 1,000 feet of the real
21property comprising any school.
22(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
24    (105 ILCS 5/34-8.05)
25    Sec. 34-8.05. Reporting firearms in schools. On or after

 

 

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1January 1, 1997, upon receipt of any written, electronic, or
2verbal report from any school personnel regarding a verified
3incident involving a firearm in a school or on school owned or
4leased property, including any conveyance owned, leased, or
5used by the school for the transport of students or school
6personnel, the general superintendent or his or her designee
7shall report all such firearm-related incidents occurring in a
8school or on school property to the local law enforcement
9authorities no later than 24 hours after the occurrence of the
10incident and to the Illinois State Police in a form, manner,
11and frequency as prescribed by the Illinois State Police.
12    The State Board of Education shall receive an annual
13statistical compilation and related data associated with
14incidents involving firearms in schools from the Illinois
15State Police. As used in this Section, the term "firearm"
16shall have the meaning ascribed to it in Section 2-7.5 of the
17Criminal Code of 2012 1.1 of the Firearm Owners Identification
18Card Act.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 105. The Illinois Explosives Act is amended by
21changing Section 2005 as follows:
 
22    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
23    Sec. 2005. Qualifications for licensure.
24    (a) No person shall qualify to hold a license who:

 

 

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1        (1) is under 21 years of age;
2        (2) has been convicted in any court of a crime
3    punishable by imprisonment for a term exceeding one year;
4        (3) is under indictment for a crime punishable by
5    imprisonment for a term exceeding one year;
6        (4) is a fugitive from justice;
7        (5) is an unlawful user of or addicted to any
8    controlled substance as defined in Section 102 of the
9    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
10    seq.);
11        (6) has been adjudicated a person with a mental
12    disability as defined in Section 6-103.1 of the Mental
13    Health and Developmental Disabilities Code 1.1 of the
14    Firearm Owners Identification Card Act; or
15        (7) is not a legal citizen of the United States or
16    lawfully admitted for permanent residence.
17    (b) A person who has been granted a "relief from
18disabilities" regarding criminal convictions and indictments,
19pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
20845) may receive a license provided all other qualifications
21under this Act are met.
22(Source: P.A. 101-541, eff. 8-23-19.)
 
23    Section 110. The Private Detective, Private Alarm, Private
24Security, and Locksmith Act of 2004 is amended by changing
25Sections 35-30 and 35-35 as follows:
 

 

 

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1    (225 ILCS 447/35-30)
2    (Section scheduled to be repealed on January 1, 2029)
3    Sec. 35-30. Employee requirements. All employees of a
4licensed agency, other than those exempted, shall apply for a
5permanent employee registration card. The holder of an agency
6license issued under this Act, known in this Section as
7"employer", may employ in the conduct of the employer's
8business employees under the following provisions:
9    (a) No person shall be issued a permanent employee
10registration card who:
11        (1) Is younger than 18 years of age.
12        (2) Is younger than 21 years of age if the services
13    will include being armed.
14        (3) Has been determined by the Department to be unfit
15    by reason of conviction of an offense in this or another
16    state, including registration as a sex offender, but not
17    including a traffic offense. Persons convicted of felonies
18    involving bodily harm, weapons, violence, or theft within
19    the previous 10 years shall be presumed to be unfit for
20    registration. The Department shall adopt rules for making
21    those determinations that shall afford the applicant due
22    process of law.
23        (4) Has had a license or permanent employee
24    registration card denied, suspended, or revoked under this
25    Act (i) within one year before the date the person's

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1in a federal court, or has been posted as an unapproved
2applicant by the Department. Notice by the Department to the
3agency, via certified mail, personal delivery, electronic
4mail, or posting on the Department's Internet site accessible
5to the agency that the person has been convicted of a crime
6shall be deemed constructive knowledge of the conviction on
7the part of the agency. The Department may adopt rules to
8implement this subsection (k).
9    (l) No person may be employed under this Section in any
10capacity if:
11        (1) the person, while so employed, is being paid by
12    the United States or any political subdivision for the
13    time so employed in addition to any payments the person
14    may receive from the employer; or
15        (2) the person wears any portion of the person's
16    official uniform, emblem of authority, or equipment while
17    so employed.
18    (m) If information is discovered affecting the
19registration of a person whose fingerprints were submitted
20under this Section, the Department shall so notify the agency
21that submitted the fingerprints on behalf of that person.
22    (n) Peace officers shall be exempt from the requirements
23of this Section relating to permanent employee registration
24cards. The agency shall remain responsible for any peace
25officer employed under this exemption, regardless of whether
26the peace officer is compensated as an employee or as an

 

 

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1independent contractor and as further defined by rule.
2    (o) Persons who have no access to confidential or security
3information, who do not go to a client's or prospective
4client's residence or place of business, and who otherwise do
5not provide traditional security services are exempt from
6employee registration. Examples of exempt employees include,
7but are not limited to, employees working in the capacity of
8ushers, directors, ticket takers, cashiers, drivers, and
9reception personnel. Confidential or security information is
10that which pertains to employee files, scheduling, client
11contracts, or technical security and alarm data.
12    (p) An applicant who is 21 years of age or older seeking a
13religious exemption to the photograph requirement of this
14Section shall furnish with the application an approved copy of
15United States Department of the Treasury Internal Revenue
16Service Form 4029. Regardless of age, an applicant seeking a
17religious exemption to this photograph requirement shall
18submit fingerprints in a form and manner prescribed by the
19Department with the applicant's application in lieu of a
20photograph.
21(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)
 
22    (225 ILCS 447/35-35)
23    (Section scheduled to be repealed on January 1, 2029)
24    Sec. 35-35. Requirement of a firearm control card.
25    (a) No person shall perform duties that include the use,

 

 

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1carrying, or possession of a firearm in the performance of
2those duties without complying with the provisions of this
3Section and having been issued a valid firearm control card by
4the Department.
5    (b) No employer shall employ any person to perform the
6duties for which licensure or employee registration is
7required and allow that person to carry a firearm unless that
8person has complied with all the firearm training requirements
9of this Section and has been issued a firearm control card.
10This Act permits only the following to carry firearms while
11actually engaged in the performance of their duties or while
12commuting directly to or from their places of employment:
13persons licensed as private detectives and their registered
14employees; persons licensed as private security contractors
15and their registered employees; persons licensed as private
16alarm contractors and their registered employees; and
17employees of a registered armed proprietary security force.
18    (c) Possession of a valid firearm control card allows a
19licensee or employee to carry a firearm not otherwise
20prohibited by law while the licensee or employee is engaged in
21the performance of the licensee's or employee's duties or
22while the licensee or employee is commuting directly to or
23from the licensee's or employee's place or places of
24employment.
25    (d) The Department shall issue a firearm control card to a
26person who has passed an approved firearm training course, who

 

 

SB3200- 121 -LRB103 39081 RLC 69219 b

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

 

 

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1card without hearing. The Secretary shall summarily suspend a
2firearm control card if the Secretary finds that its continued
3use would constitute an imminent danger to the public. A
4hearing shall be held before the Board within 30 days if the
5Secretary summarily suspends a firearm control card.
6    (g) Notwithstanding any other provision of this Act to the
7contrary, all requirements relating to firearms control cards
8do not apply to a peace officer. If an individual ceases to be
9employed as a peace officer and continues to perform services
10in an armed capacity under this Act that are licensed
11activities, then the individual is required to obtain a
12permanent employee registration card pursuant to Section 35-30
13of this Act and must possess a valid Firearm Owner's
14Identification Card, but is not required to obtain a firearm
15control card if the individual is otherwise in continuing
16compliance with the federal Law Enforcement Officers Safety
17Act of 2004. If an individual elects to carry a firearm
18pursuant to the federal Law Enforcement Officers Safety Act of
192004, then the agency employing the officer shall submit an
20application to the Department for issuance of a waiver card
21along with a fee specified by rule.
22    (h) The Department may issue a temporary firearm control
23card pending issuance of a new firearm control card upon an
24agency's acquiring of an established armed account. An agency
25that has acquired armed employees as a result of acquiring an
26established armed account may, on forms supplied by the

 

 

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

 

 

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1Owner's Identification Card, the service firearm issued or
2previously issued to the investigator by the Board. The badge
3must be permanently and conspicuously marked in such a manner
4that the individual who possesses the badge is not mistaken
5for an actively serving law enforcement officer. The cost of
6the firearm shall be the replacement value of the firearm and
7not the firearm's fair market value.
8(Source: P.A. 102-719, eff. 5-6-22.)
 
9    Section 120. The Mental Health and Developmental
10Disabilities Code is amended by changing Sections 1-106,
111-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
 
12    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
13    Sec. 1-106. "Developmental disability" means a severe,
14chronic disability, other than mental illness, found to be
15closely related to an intellectual disability because this
16condition results in impairment of general intellectual
17functioning or adaptive behavior similar to that of persons
18with ID, and requires services similar to those required for a
19person with an intellectual disability. In addition, a
20developmental disability: (1) is manifested before the
21individual reaches 22 years of age; (2) is likely to continue
22indefinitely; (3) results in substantial functional
23limitations in three or more of the following areas of major
24life activity: self-care, receptive and expressive language,

 

 

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1learning, mobility, self-direction, capacity for independent
2living, or economic self-sufficiency; and (4) reflects the
3individual's need for a combination and sequence of special
4interdisciplinary or generic services, individualized
5supports, or other forms of assistance that are of lifelong or
6extended duration and are individually planned and
7coordinated. This definition does not supersede the
8"developmental disability" definition in Section 1.1 of the
9Firearm Owners Identification Card Act which is required to be
10applied under that Act for the purpose of mandatory reporting.
11(Source: P.A. 102-972, eff. 1-1-23.)
 
12    (405 ILCS 5/1-116)  (from Ch. 91 1/2, par. 1-116)
13    Sec. 1-116. Intellectual disability. "Intellectual
14disability" means a disorder with onset during the
15developmental period (before the individual reaches age 22),
16that includes both intellectual and adaptive deficits in
17conceptual, social and practical domains. The following 3
18criteria must be met: (1) deficits in intellectual functions
19such as reasoning, problem solving, planning, abstract
20thinking, judgment, academic learning, and learning from
21experience confirmed by both clinical assessment and
22individualized, standardized intelligence testing (generally
23indicated with an IQ score of about 70 or below), (2) deficits
24in adaptive functioning that result in failure to meet
25developmental and sociocultural standards for personal

 

 

SB3200- 126 -LRB103 39081 RLC 69219 b

1independence and social responsibility. Without ongoing
2support, the adaptive deficits limit functioning in one or
3more activities of daily life, such as communication, social
4participation, and independent living, across multiple
5environments, such as home, school, work, and community, and
6(3) onset of intellectual and adaptive deficits during the
7developmental period. This definition does not supersede the
8"intellectual disability" definition in Section 1.1 of the
9Firearm Owners Identification Card Act which is required to be
10applied under that Act for the purpose of mandatory reporting.
11(Source: P.A. 102-972, eff. 1-1-23.)
 
12    (405 ILCS 5/6-103.1)
13    Sec. 6-103.1. Adjudication as a person with a mental
14disability. When a person has been adjudicated as a person
15with a mental disability as defined in Section 1.1 of the
16Firearm Owners Identification Card Act, including, but not
17limited to, an adjudication as a person with a disability as
18defined in Section 11a-2 of the Probate Act of 1975, the court
19shall direct the circuit court clerk to notify the Illinois
20State Police, Firearm Owner's Identification (FOID) Office, in
21a form and manner prescribed by the Illinois State Police, and
22shall forward a copy of the court order to the Department no
23later than 7 days after the entry of the order. Upon receipt of
24the order, the Illinois State Police shall provide
25notification to the National Instant Criminal Background Check

 

 

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

 

 

SB3200- 128 -LRB103 39081 RLC 69219 b

1        (9) is not guilty by reason of insanity under the
2    Juvenile Court Act of 1987;
3        (10) is a person subject to involuntary admission on
4    an inpatient basis as defined in Section 1-119 of the
5    Mental Health and Developmental Disabilities Code;
6        (11) is a person subject to involuntary admission on
7    an outpatient basis as defined in Section 1-119.1 of the
8    Mental Health and Developmental Disabilities Code;
9        (12) is subject to judicial admission as set forth in
10    Section 4-500 of the Mental Health and Developmental
11    Disabilities Code; or
12        (13) is subject to the provisions of the Interstate
13    Agreements on Sexually Dangerous Persons Act.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (405 ILCS 5/6-103.2)
16    Sec. 6-103.2. Developmental disability; notice. If a
17person 14 years old or older is determined to be a person with
18a developmental disability by a physician, clinical
19psychologist, or qualified examiner, the physician, clinical
20psychologist, or qualified examiner shall notify the
21Department of Human Services within 7 days of making the
22determination that the person has a developmental disability.
23The Department of Human Services shall immediately update its
24records and information relating to mental health and
25developmental disabilities, and if appropriate, shall notify

 

 

SB3200- 129 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 130 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 131 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 132 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 133 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 134 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 135 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 136 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 137 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 138 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 139 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 140 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 141 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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1    days preceding the date of the license application; and
2        (10) a photocopy of any certificates or other evidence
3    of compliance with the training requirements under this
4    Act.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    (430 ILCS 66/40)
8    Sec. 40. Non-resident license applications.
9    (a) For the purposes of this Section, "non-resident" means
10a person who has not resided within this State for more than 30
11days and resides in another state or territory.
12    (b) The Illinois State Police shall by rule allow for
13non-resident license applications from any state or territory
14of the United States with laws related to firearm ownership,
15possession, and carrying, that are substantially similar to
16the requirements to obtain a license under this Act.
17    (c) A resident of a state or territory approved by the
18Illinois State Police under subsection (b) of this Section may
19apply for a non-resident license. The applicant shall apply to
20the Illinois State Police and must meet all of the
21qualifications established in Section 25 of this Act, except
22for the Illinois residency requirement in item (xiv) of
23paragraph (2) of subsection (a) of Section 4 of the Firearm
24Owners Identification Card Act. The applicant shall submit:
25        (1) the application and documentation required under

 

 

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

 

 

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

 

 

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

 

 

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1under the Illinois Domestic Violence Act of 1986, or if a
2firearms restraining order, including an emergency firearms
3restraining order, under the Firearms Restraining Order Act,
4is issued against a licensee for the duration of the order, or
5if the Illinois State Police is made aware of a similar order
6issued against the licensee in any other jurisdiction. If an
7order of protection is issued against a licensee, the licensee
8shall surrender the license, as applicable, to the court at
9the time the order is entered or to the law enforcement agency
10or entity serving process at the time the licensee is served
11the order. The court, law enforcement agency, or entity
12responsible for serving the order of protection shall notify
13the Illinois State Police within 7 days and transmit the
14license to the Illinois State Police.
15    (c) A license is invalid upon expiration of the license,
16unless the licensee has submitted an application to renew the
17license, and the applicant is otherwise eligible to possess a
18license under this Act.
19    (d) A licensee shall not carry a concealed firearm while
20under the influence of alcohol, other drug or drugs,
21intoxicating compound or combination of compounds, or any
22combination thereof, under the standards set forth in
23subsection (a) of Section 11-501 of the Illinois Vehicle Code.
24    A licensee in violation of this subsection (d) shall be
25guilty of a Class A misdemeanor for a first or second violation
26and a Class 4 felony for a third violation. The Illinois State

 

 

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

 

 

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

 

 

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1subsection. A licensee whose license is revoked under this
2subsection (h) shall surrender his or her concealed carry
3license as provided for in subsection (g) of this Section.
4    This subsection shall not apply to a person who has filed
5an application with the Illinois State Police for renewal of a
6Firearm Owner's Identification Card and who is not otherwise
7ineligible to obtain a Firearm Owner's Identification Card.
8    (h-5) (Blank). If the Firearm Owner's Identification Card
9of a licensee under this Act expires during the term of the
10license issued under this Act, the license and the Firearm
11Owner's Identification Card remain valid, and the Illinois
12State Police may automatically renew the licensee's Firearm
13Owner's Identification Card as provided in subsection (c) of
14Section 5 of the Firearm Owners Identification Card Act.
15    (i) A certified firearms instructor who knowingly provides
16or offers to provide a false certification that an applicant
17has completed firearms training as required under this Act is
18guilty of a Class A misdemeanor. A person guilty of a violation
19of this subsection (i) is not eligible for court supervision.
20The Illinois State Police shall permanently revoke the
21firearms instructor certification of a person convicted under
22this subsection (i).
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (430 ILCS 66/80)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1firearm, ammunition, and firearm parts that could be assembled
2to make an operable firearm must swear or affirm by affidavit
3that he or she: (i) is the lawful owner of the firearm,
4ammunition, and firearm parts that could be assembled to make
5an operable firearm; (ii) shall not transfer the firearm,
6ammunition, and firearm parts that could be assembled to make
7an operable firearm to the respondent; and (iii) will store
8the firearm, ammunition, and firearm parts that could be
9assembled to make an operable firearm in a manner that the
10respondent does not have access to or control of the firearm,
11ammunition, and firearm parts that could be assembled to make
12an operable firearm.
13    (i) In accordance with subsection (e) of this Section, the
14court shall schedule a full hearing as soon as possible, but no
15longer than 14 days from the issuance of an ex parte firearms
16restraining order, to determine if a 6-month firearms
17restraining order shall be issued. The court may extend an ex
18parte order as needed, but not to exceed 14 days, to effectuate
19service of the order or if necessary to continue protection.
20The court may extend the order for a greater length of time by
21mutual agreement of the parties.
22(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
23102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
245-13-22.)
 
25    (430 ILCS 67/40)

 

 

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1    Sec. 40. Plenary orders.
2    (a) A petitioner may request a firearms restraining order
3for up to one year by filing an affidavit or verified pleading
4alleging that the respondent poses a significant danger of
5causing personal injury to himself, herself, or another in the
6near future by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm, ammunition,
8and firearm parts that could be assembled to make an operable
9firearm. The petition shall also describe the number, types,
10and locations of any firearms, ammunition, and firearm parts
11that could be assembled to make an operable firearm presently
12believed by the petitioner to be possessed or controlled by
13the respondent. The firearms restraining order may be renewed
14for an additional period of up to one year in accordance with
15Section 45 of this Act.
16    (b) If the respondent is alleged to pose a significant
17danger of causing personal injury to an intimate partner, or
18an intimate partner is alleged to have been the target of a
19threat or act of violence by the respondent, the petitioner
20shall make a good faith effort to provide notice to any and all
21intimate partners of the respondent. The notice must include
22the duration of time that the petitioner intends to petition
23the court for a firearms restraining order, and, if the
24petitioner is a law enforcement officer, referral to relevant
25domestic violence or stalking advocacy or counseling
26resources, if appropriate. The petitioner shall attest to

 

 

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

 

 

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

 

 

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1subject to renewal under Section 45 of this Act or termination
2under that Section.
3    (g-5) If the court issues a plenary firearms restraining
4order, it shall, upon a finding of probable cause that the
5respondent possesses firearms, ammunition, and firearm parts
6that could be assembled to make an operable firearm, issue a
7search warrant directing a law enforcement agency to seize the
8respondent's firearms, ammunition, and firearm parts that
9could be assembled to make an operable firearm. The court may,
10as part of that warrant, direct the law enforcement agency to
11search the respondent's residence and other places where the
12court finds there is probable cause to believe he or she is
13likely to possess the firearms, ammunition, and firearm parts
14that could be assembled to make an operable firearm. A return
15of the search warrant shall be filed by the law enforcement
16agency within 4 days thereafter, setting forth the time, date,
17and location that the search warrant was executed and what
18items, if any, were seized.
19    (h) A plenary firearms restraining order shall require:
20        (1) the respondent to refrain from having in his or
21    her custody or control, purchasing, possessing, or
22    receiving additional firearms, ammunition, and firearm
23    parts that could be assembled to make an operable firearm
24    for the duration of the order under Section 8.2 of the
25    Firearm Owners Identification Card Act; and
26        (2) the respondent to comply with Section 9.5 of the

 

 

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

 

 

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

 

 

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

 

 

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1    (j) If the court does not issue a firearms restraining
2order at the hearing, the court shall dissolve any emergency
3firearms restraining order then in effect.
4    (k) When the court issues a firearms restraining order
5under this Section, the court shall inform the respondent that
6he or she is entitled to one hearing during the period of the
7order to request a termination of the order, under Section 45
8of this Act, and shall provide the respondent with a form to
9request a hearing.
10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
11102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
125-13-22; 102-1116, eff. 1-10-23.)
 
13    Section 145. The Firearm Dealer License Certification Act
14is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
15follows:
 
16    (430 ILCS 68/5-20)
17    Sec. 5-20. Additional licensee requirements.
18    (a) A certified licensee shall make a photo copy of a
19buyer's or transferee's valid photo identification card
20whenever a firearm sale transaction takes place. The photo
21copy shall be attached to the documentation detailing the
22record of sale.
23    (b) A certified licensee shall post in a conspicuous
24position on the premises where the licensee conducts business

 

 

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

 

 

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

 

 

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

 

 

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1    "bailment" means the act of placing property in the
2    custody and control of another, by agreement in which the
3    holder is responsible for the safekeeping and return of
4    the property.
5(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
6    (430 ILCS 68/5-40)
7    Sec. 5-40. Qualifications for operation.
8    (a) Each certified licensee shall submit with each
9application for certification or renewal an affidavit to the
10Illinois State Police stating that each owner, employee, or
11other agent of the certified licensee who sells or conducts
12transfers of firearms for the certified licensee is at least
1321 years of age, has a currently valid Firearm Owner's
14Identification Card and, for a renewal, has completed the
15training required under Section 5-30. The affidavit must also
16contain the name and Firearm Owner's Identification Card
17number of each owner, employee, or other agent who sells or
18conducts transfers of firearms for the certified licensee. If
19an owner, employee, or other agent of the certified licensee
20is not otherwise a resident of this State, the certified
21licensee shall submit an affidavit stating that the owner,
22employee, or other agent has undergone a background check and
23is not prohibited from owning or possessing firearms.
24    (b) In addition to the affidavit required under subsection
25(a), within 30 days of a new owner, employee, or other agent

 

 

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1beginning selling or conducting transfers of firearms for the
2certified licensee, the certified licensee shall submit an
3affidavit to the Illinois State Police stating the date that
4the new owner, employee, or other agent began selling or
5conducting transfers of firearms for the certified licensee,
6and providing the information required in subsection (a) for
7that new owner, employee, or other agent.
8    (c) If a certified licensee has a license, certificate, or
9permit to sell, lease, transfer, purchase, or possess firearms
10issued by the federal government or the government of any
11state revoked or suspended for good cause within the preceding
124 years, the Illinois State Police may consider revoking or
13suspending the certified licenses in this State. In making a
14determination of whether or not to revoke or suspend a
15certified license in this State, the Illinois State Police
16shall consider the number of retail locations the certified
17licensee or any related person or entity operates in this
18State or in other states under the same or different business
19names, and the severity of the infraction in the state in which
20a license was revoked or suspended.
21    (d) Applications and affidavits required under this
22Section are not subject to disclosure by the Illinois State
23Police under the Freedom of Information Act.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (430 ILCS 68/5-85)

 

 

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1    Sec. 5-85. Disciplinary sanctions.
2    (a) For violations of this Act not penalized under Section
35-15, the Illinois State Police may refuse to renew or
4restore, or may reprimand, place on probation, suspend,
5revoke, or take other disciplinary or non-disciplinary action
6against any licensee, and may impose a fine commensurate with
7the severity of the violation not to exceed $10,000 for each
8violation for any of the following, consistent with the
9Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
10through 7903:
11        (1) Violations of this Act, or any law applicable to
12    the sale or transfer of firearms.
13        (2) A pattern of practice or other behavior which
14    demonstrates incapacity or incompetency to practice under
15    this Act.
16        (3) Aiding or assisting another person in violating
17    any provision of this Act or rules adopted under this Act.
18        (4) Failing, within 60 days, to provide information in
19    response to a written request made by the Illinois State
20    Police.
21        (5) Conviction of, plea of guilty to, or plea of nolo
22    contendere to any crime that disqualifies the person from
23    obtaining a firearm valid Firearm Owner's Identification
24    Card.
25        (6) Continued practice, although the person has become
26    unfit to practice due to any of the following:

 

 

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

 

 

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1    Section 150. The Wildlife Code is amended by changing
2Sections 3.2 and 3.2a as follows:
 
3    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
4    Sec. 3.2. Hunting license; application; instruction.
5Before the Department or any county, city, village, township,
6incorporated town clerk or his duly designated agent or any
7other person authorized or designated by the Department to
8issue hunting licenses shall issue a hunting license to any
9person, the person shall file his application with the
10Department or other party authorized to issue licenses on a
11form provided by the Department and further give definite
12proof of identity and place of legal residence. Each clerk
13designating agents to issue licenses and stamps shall furnish
14the Department, within 10 days following the appointment, the
15names and mailing addresses of the agents. Each clerk or his
16duly designated agent shall be authorized to sell licenses and
17stamps only within the territorial area for which he was
18elected or appointed. No duly designated agent is authorized
19to furnish licenses or stamps for issuance by any other
20business establishment. Each application shall be executed and
21sworn to and shall set forth the name and description of the
22applicant and place of residence.
23    No hunting license shall be issued to any person born on or
24after January 1, 1980 unless he presents the person authorized

 

 

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1to issue the license evidence that he has held a hunting
2license issued by the State of Illinois or another state in a
3prior year, or a certificate of competency as provided in this
4Section. Persons under 18 years of age may be issued a Lifetime
5Hunting or Sportsmen's Combination License as provided under
6Section 20-45 of the Fish and Aquatic Life Code but shall not
7be entitled to hunt alone, without the supervision of an adult
8age 21 or older, unless they have a certificate of competency
9as provided in this Section and the certificate is in their
10possession while hunting.
11    The Department of Natural Resources shall authorize
12personnel of the Department or certified volunteer instructors
13to conduct courses, of not less than 10 hours in length, in
14firearms and hunter safety, which may include training in bow
15and arrow safety, at regularly specified intervals throughout
16the State. Persons successfully completing the course shall
17receive a certificate of competency. The Department of Natural
18Resources may further cooperate with any reputable association
19or organization in establishing courses if the organization
20has as one of its objectives the promotion of safety in the
21handling of firearms or bow and arrow.
22    The Department of Natural Resources shall designate any
23person found by it to be competent to give instruction in the
24handling of firearms, hunter safety, and bow and arrow. The
25persons so appointed shall give the course of instruction and
26upon the successful completion shall issue to the person

 

 

SB3200- 177 -LRB103 39081 RLC 69219 b

1instructed a certificate of competency in the safe handling of
2firearms, hunter safety, and bow and arrow. No charge shall be
3made for any course of instruction except for materials or
4ammunition consumed. The Department of Natural Resources shall
5furnish information on the requirements of hunter safety
6education programs to be distributed free of charge to
7applicants for hunting licenses by the persons appointed and
8authorized to issue licenses. Funds for the conducting of
9firearms and hunter safety courses shall be taken from the fee
10charged for the Firearm Owners Identification Card.
11    The fee for a hunting license to hunt all species for a
12resident of Illinois is $12. For residents age 65 or older,
13and, commencing with the 2012 license year, resident veterans
14of the United States Armed Forces after returning from service
15abroad or mobilization by the President of the United States
16as an active duty member of the United States Armed Forces, the
17Illinois National Guard, or the Reserves of the United States
18Armed Forces, the fee is one-half of the fee charged for a
19hunting license to hunt all species for a resident of
20Illinois. Veterans must provide to the Department acceptable
21verification of their service. The Department shall establish
22by administrative rule the procedure by which such
23verification of service shall be made to the Department for
24the purpose of issuing resident veterans hunting licenses at a
25reduced fee. The fee for a hunting license to hunt all species
26shall be $1 for residents over 75 years of age. Nonresidents

 

 

SB3200- 178 -LRB103 39081 RLC 69219 b

1shall be charged $57 for a hunting license.
2    Residents of this State may obtain a 3-year hunting
3license to hunt all species as described in Section 3.1 for 3
4times the annual fee. For residents age 65 or older and
5resident veterans of the United States Armed Forces after
6returning from service abroad or mobilization by the President
7of the United States, the fee is one-half of the fee charged
8for a 3-year hunting license to hunt all species as described
9in Section 3.1 for a resident of this State. Veterans must
10provide to the Department, per administrative rule,
11verification of their service. The Department shall establish
12what constitutes suitable verification of service for the
13purpose of issuing resident veterans 3-year hunting licenses
14at a reduced fee.
15    Nonresidents may be issued a nonresident hunting license
16for a period not to exceed 10 consecutive days' hunting in the
17State and shall be charged a fee of $35.
18    A special nonresident hunting license authorizing a
19nonresident to take game birds by hunting on a game breeding
20and hunting preserve area only, established under Section
213.27, shall be issued upon proper application being made and
22payment of a fee equal to that for a resident hunting license.
23The expiration date of this license shall be on the same date
24each year that game breeding and hunting preserve area
25licenses expire.
26    Each applicant for a State Migratory Waterfowl Stamp,

 

 

SB3200- 179 -LRB103 39081 RLC 69219 b

1regardless of his residence or other condition, shall pay a
2fee of $15 and shall receive a stamp. The fee for a State
3Migratory Waterfowl Stamp shall be waived for residents over
475 years of age. Except as provided under Section 20-45 of the
5Fish and Aquatic Life Code, the stamp shall be signed by the
6person or affixed to his license or permit in a space
7designated by the Department for that purpose.
8    Each applicant for a State Habitat Stamp, regardless of
9his residence or other condition, shall pay a fee of $5 and
10shall receive a stamp. The fee for a State Habitat Stamp shall
11be waived for residents over 75 years of age. Except as
12provided under Section 20-45 of the Fish and Aquatic Life
13Code, the stamp shall be signed by the person or affixed to his
14license or permit in a space designated by the Department for
15that purpose.
16    Nothing in this Section shall be construed as to require
17the purchase of more than one State Habitat Stamp by any person
18in any one license year.
19    The fees for State Pheasant Stamps and State Furbearer
20Stamps shall be waived for residents over 75 years of age.
21    The Department shall furnish the holders of hunting
22licenses and stamps with an insignia as evidence of possession
23of license, or license and stamp, as the Department may
24consider advisable. The insignia shall be exhibited and used
25as the Department may order.
26    All other hunting licenses and all State stamps shall

 

 

SB3200- 180 -LRB103 39081 RLC 69219 b

1expire upon March 31 of each year. Three-year hunting licenses
2shall expire on March 31 of the 2nd year after the year in
3which the license is issued.
4    Every person holding any license, permit, or stamp issued
5under the provisions of this Act shall have it in his
6possession for immediate presentation for inspection to the
7officers and authorized employees of the Department, any
8sheriff, deputy sheriff, or any other peace officer making a
9demand for it. This provision shall not apply to Department
10owned or managed sites where it is required that all hunters
11deposit their license or , permit, or Firearm Owner's
12Identification Card at the check station upon entering the
13hunting areas.
14    For the purposes of this Section, "acceptable
15verification" means official documentation from the Department
16of Defense or the appropriate Major Command showing
17mobilization dates or service abroad dates, including: (i) a
18DD-214, (ii) a letter from the Illinois Department of Military
19Affairs for members of the Illinois National Guard, (iii) a
20letter from the Regional Reserve Command for members of the
21Armed Forces Reserve, (iv) a letter from the Major Command
22covering Illinois for active duty members, (v) personnel
23records for mobilized State employees, and (vi) any other
24documentation that the Department, by administrative rule,
25deems acceptable to establish dates of mobilization or service
26abroad.

 

 

SB3200- 181 -LRB103 39081 RLC 69219 b

1    For the purposes of this Section, the term "service
2abroad" means active duty service outside of the 50 United
3States and the District of Columbia, and includes all active
4duty service in territories and possessions of the United
5States.
6(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)
 
7    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
8    Sec. 3.2a. Every person holding any license, permit or
9stamp issued under the provisions hereof shall have it in his
10possession for immediate presentation for inspection to the
11officers and authorized employees of the Department, any
12sheriff, deputy sheriff or any other peace officer making a
13demand for it. This provision shall not apply to Department
14owned or managed sites where it is required that all hunters
15deposit their license or , permit or Firearm Owner's
16Identification Card at the check station upon entering the
17hunting areas.
18(Source: P.A. 85-152.)
 
19    Section 155. The Illinois Vehicle Code is amended by
20changing Section 2-116 as follows:
 
21    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
22    Sec. 2-116. Secretary of State Department of Police.
23    (a) The Secretary of State and the officers, inspectors,

 

 

SB3200- 182 -LRB103 39081 RLC 69219 b

1and investigators appointed by him shall cooperate with the
2Illinois State Police and the sheriffs and police in enforcing
3the laws regulating the operation of vehicles and the use of
4the highways.
5    (b) The Secretary of State may provide training and
6education for members of his office in traffic regulation, the
7promotion of traffic safety and the enforcement of laws vested
8in the Secretary of State for administration and enforcement
9regulating the operation of vehicles and the use of the
10highways.
11    (c) The Secretary of State may provide distinctive
12uniforms and badges for officers, inspectors and investigators
13employed in the administration of laws relating to the
14operation of vehicles and the use of the highways and vesting
15the administration and enforcement of such laws in the
16Secretary of State.
17    (c-5) The Director of the Secretary of State Department of
18Police shall establish a program to allow a Secretary of State
19Police officer, inspector, or investigator who is honorably
20retiring in good standing to purchase either one or both of the
21following: (1) any Secretary of State Department of Police
22badge previously issued to that officer, inspector, or
23investigator; or (2) if the officer, inspector, or
24investigator has a currently valid Firearm Owner's
25Identification Card, the service firearm issued or previously
26issued to the officer, inspector, or investigator by the

 

 

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1Secretary of State Department of Police. The cost of the
2firearm shall be the replacement value of the firearm and not
3the firearm's fair market value.
4    (d) The Secretary of State Department of Police is
5authorized to:
6        (1) investigate the origins, activities, persons, and
7    incidents of crime and the ways and means, if any, to
8    redress the victims of crimes, and study the impact, if
9    any, of legislation relative to the criminal laws of this
10    State related thereto and conduct any other investigations
11    as may be provided by law;
12        (2) employ skilled experts, technicians,
13    investigators, special agents, or otherwise specially
14    qualified persons to aid in preventing or detecting crime,
15    apprehending criminals, or preparing and presenting
16    evidence of violations of the criminal laws of the State;
17        (3) cooperate with the police of cities, villages, and
18    incorporated towns, and with the police officers of any
19    county, in enforcing the laws of the State and in making
20    arrests;
21        (4) provide, as may be required by law, assistance to
22    local law enforcement agencies through training,
23    management, and consultant services for local law
24    enforcement agencies, pertaining to law enforcement
25    activities;
26        (5) exercise the rights, powers, and duties which have

 

 

SB3200- 184 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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124-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
224-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
3adding Section 24-4.5 as follows:
 
4    (720 ILCS 5/2-7.1)
5    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
6"Firearm "Firearm" and "firearm ammunition" means any
7self-contained cartridge or shotgun shell, by whatever name
8known, which is designed to be used or adaptable to use in a
9firearm; excluding, however:
10    (1) any ammunition exclusively designed for use with a
11device used exclusively for signaling or safety and required
12or recommended by the United States Coast Guard or the
13Interstate Commerce Commission; and
14    (2) any ammunition designed exclusively for use with a
15stud or rivet driver or other similar industrial ammunition
16have the meanings ascribed to them in Section 1.1 of the
17Firearm Owners Identification Card Act.
18(Source: P.A. 91-544, eff. 1-1-00.)
 
19    (720 ILCS 5/2-7.5)
20    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
21specific Section, "firearm" means any device, by whatever name
22known, which is designed to expel a projectile or projectiles
23by the action of an explosion, expansion of gas or escape of
24gas; excluding, however:

 

 

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

 

 

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

 

 

SB3200- 189 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 190 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 191 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 192 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 193 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 194 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 195 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 196 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 197 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 198 -LRB103 39081 RLC 69219 b

1    "Building or other structure used to provide shelter" has
2the meaning ascribed to "shelter" in Section 1 of the Domestic
3Violence Shelters Act.
4    "Domestic violence" has the meaning ascribed to it in
5Section 103 of the Illinois Domestic Violence Act of 1986.
6    "Domestic violence shelter" means any building or other
7structure used to provide shelter or other services to victims
8or to the dependent children of victims of domestic violence
9pursuant to the Illinois Domestic Violence Act of 1986 or the
10Domestic Violence Shelters Act, or any place within 500 feet
11of such a building or other structure in the case of a person
12who is going to or from such a building or other structure.
13    "Firearm" has the meaning provided under Section 2-7.5 of
14this Code 1.1 of the Firearm Owners Identification Card Act,
15and does not include an air rifle as defined by Section
1624.8-0.1 of this Code.
17    "Machine gun" has the meaning ascribed to it in Section
1824-1 of this Code.
19    "Merchant" has the meaning ascribed to it in Section
2016-0.1 of this Code.
21    "Strangle" means intentionally impeding the normal
22breathing or circulation of the blood of an individual by
23applying pressure on the throat or neck of that individual or
24by blocking the nose or mouth of that individual.
25(Source: P.A. 103-51, eff. 1-1-24.)
 

 

 

SB3200- 199 -LRB103 39081 RLC 69219 b

1    (720 ILCS 5/16-0.1)
2    Sec. 16-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5    "Access" means to use, instruct, communicate with, store
6data in, retrieve or intercept data from, or otherwise utilize
7any services of a computer.
8    "Coin-operated machine" includes any automatic vending
9machine or any part thereof, parking meter, coin telephone,
10coin-operated transit turnstile, transit fare box, coin
11laundry machine, coin dry cleaning machine, amusement machine,
12music machine, vending machine dispensing goods or services,
13or money changer.
14    "Communication device" means any type of instrument,
15device, machine, or equipment which is capable of
16transmitting, acquiring, decrypting, or receiving any
17telephonic, electronic, data, Internet access, audio, video,
18microwave, or radio transmissions, signals, communications, or
19services, including the receipt, acquisition, transmission, or
20decryption of all such communications, transmissions, signals,
21or services provided by or through any cable television, fiber
22optic, telephone, satellite, microwave, radio, Internet-based,
23data transmission, or wireless distribution network, system or
24facility; or any part, accessory, or component thereof,
25including any computer circuit, security module, smart card,
26software, computer chip, electronic mechanism or other

 

 

SB3200- 200 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 201 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

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

 

 

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1transmission or decryption of, a communication service without
2the express consent or express authorization of the
3communication service provider, or to knowingly assist others
4in those activities.
5    "Master sound recording" means the original physical
6object on which a given set of sounds were first recorded and
7which the original object from which all subsequent sound
8recordings embodying the same set of sounds are directly or
9indirectly derived.
10    "Merchandise" means any item of tangible personal
11property, including motor fuel.
12    "Merchant" means an owner or operator of any retail
13mercantile establishment or any agent, employee, lessee,
14consignee, officer, director, franchisee, or independent
15contractor of the owner or operator. "Merchant" also means a
16person who receives from an authorized user of a payment card,
17or someone the person believes to be an authorized user, a
18payment card or information from a payment card, or what the
19person believes to be a payment card or information from a
20payment card, as the instrument for obtaining, purchasing or
21receiving goods, services, money, or anything else of value
22from the person.
23    "Motor fuel" means a liquid, regardless of its properties,
24used to propel a vehicle, including gasoline and diesel.
25    "Online" means the use of any electronic or wireless
26device to access the Internet.

 

 

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1    "Payment card" means a credit card, charge card, debit
2card, or any other card that is issued to an authorized card
3user and that allows the user to obtain, purchase, or receive
4goods, services, money, or anything else of value from a
5merchant.
6    "Person with a disability" means a person who suffers from
7a physical or mental impairment resulting from disease,
8injury, functional disorder or congenital condition that
9impairs the individual's mental or physical ability to
10independently manage his or her property or financial
11resources, or both.
12    "Personal identification document" means a birth
13certificate, a driver's license, a State identification card,
14a public, government, or private employment identification
15card, a social security card, a license issued under the
16Firearm Concealed Carry Act firearm owner's identification
17card, a credit card, a debit card, or a passport issued to or
18on behalf of a person other than the offender, or any document
19made or issued, or falsely purported to have been made or
20issued, by or under the authority of the United States
21Government, the State of Illinois, or any other state
22political subdivision of any state, or any other governmental
23or quasi-governmental organization that is of a type intended
24for the purpose of identification of an individual, or any
25such document made or altered in a manner that it falsely
26purports to have been made on behalf of or issued to another

 

 

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1person or by the authority of one who did not give that
2authority.
3    "Personal identifying information" means any of the
4following information:
5        (1) A person's name.
6        (2) A person's address.
7        (3) A person's date of birth.
8        (4) A person's telephone number.
9        (5) A person's driver's license number or State of
10    Illinois identification card as assigned by the Secretary
11    of State of the State of Illinois or a similar agency of
12    another state.
13        (6) A person's social security number.
14        (7) A person's public, private, or government
15    employer, place of employment, or employment
16    identification number.
17        (8) The maiden name of a person's mother.
18        (9) The number assigned to a person's depository
19    account, savings account, or brokerage account.
20        (10) The number assigned to a person's credit or debit
21    card, commonly known as a "Visa Card", "MasterCard",
22    "American Express Card", "Discover Card", or other similar
23    cards whether issued by a financial institution,
24    corporation, or business entity.
25        (11) Personal identification numbers.
26        (12) Electronic identification numbers.

 

 

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

 

 

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

 

 

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

 

 

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1prepaid card usable at multiple, unaffiliated merchants or at
2automated teller machines, or both. "Stored value card" shall
3only apply to Section 16-25.1 of this Act.
4    "Theft detection device remover" means any tool or device
5specifically designed and intended to be used to remove any
6theft detection device from any merchandise.
7    "Under-ring" means to cause the cash register or other
8sales recording device to reflect less than the full retail
9value of the merchandise.
10    "Unidentified sound or audio visual recording" means a
11sound or audio visual recording without the actual name and
12full and correct street address of the manufacturer, and the
13name of the actual performers or groups prominently and
14legibly printed on the outside cover or jacket and on the label
15of such sound or audio visual recording.
16    "Unlawful access device" means any type of instrument,
17device, machine, equipment, technology, or software which is
18primarily possessed, used, designed, assembled, manufactured,
19sold, distributed or offered, promoted or advertised for the
20purpose of defeating or circumventing any technology, device
21or software, or any component or part thereof, used by the
22provider, owner or licensee of any communication service or of
23any data, audio or video programs or transmissions to protect
24any such communication, audio or video services, programs or
25transmissions from unauthorized access, acquisition, receipt,
26decryption, disclosure, communication, transmission or

 

 

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

 

 

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1    to be capable of, facilitating the disruption,
2    acquisition, receipt, transmission or decryption of a
3    communication service without the express consent or
4    express authorization of the communication service
5    provider, including, but not limited to, any device,
6    technology, product, service, equipment, computer software
7    or component or part thereof, primarily distributed, sold,
8    designed, assembled, manufactured, modified, programmed,
9    reprogrammed or used for the purpose of providing the
10    unauthorized receipt of, transmission of, disruption of,
11    decryption of, access to or acquisition of any
12    communication service provided by any communication
13    service provider.
14    "Vehicle" means a motor vehicle, motorcycle, or farm
15implement that is self-propelled and that uses motor fuel for
16propulsion.
17    "Wireless device" includes any type of instrument, device,
18machine, or equipment that is capable of transmitting or
19receiving telephonic, electronic or radio communications, or
20any part of such instrument, device, machine, or equipment, or
21any computer circuit, computer chip, electronic mechanism, or
22other component that is capable of facilitating the
23transmission or reception of telephonic, electronic, or radio
24communications.
25(Source: P.A. 102-757, eff. 5-13-22.)
 

 

 

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1    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
2    Sec. 17-30. Defaced, altered, or removed manufacturer or
3owner identification number.
4    (a) Unlawful sale of household appliances. A person
5commits unlawful sale of household appliances when he or she
6knowingly, with the intent to defraud or deceive another,
7keeps for sale, within any commercial context, any household
8appliance with a missing, defaced, obliterated, or otherwise
9altered manufacturer's identification number.
10    (b) Construction equipment identification defacement. A
11person commits construction equipment identification
12defacement when he or she knowingly changes, alters, removes,
13mutilates, or obliterates a permanently affixed serial number,
14product identification number, part number, component
15identification number, owner-applied identification, or other
16mark of identification attached to or stamped, inscribed,
17molded, or etched into a machine or other equipment, whether
18stationary or mobile or self-propelled, or a part of such
19machine or equipment, used in the construction, maintenance,
20or demolition of buildings, structures, bridges, tunnels,
21sewers, utility pipes or lines, ditches or open cuts, roads,
22highways, dams, airports, or waterways or in material handling
23for such projects.
24    The trier of fact may infer that the defendant has
25knowingly changed, altered, removed, or obliterated the serial
26number, product identification number, part number, component

 

 

SB3200- 215 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 216 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 217 -LRB103 39081 RLC 69219 b

1appliance or item individually or by lot number.
2(Source: P.A. 96-1551, eff. 7-1-11.)
 
3    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
4    Sec. 24-1. Unlawful use of weapons.
5    (a) A person commits the offense of unlawful use of
6weapons when he knowingly:
7        (1) Sells, manufactures, purchases, possesses or
8    carries any bludgeon, black-jack, slung-shot, sand-club,
9    sand-bag, metal knuckles or other knuckle weapon
10    regardless of its composition, throwing star, or any
11    knife, commonly referred to as a switchblade knife, which
12    has a blade that opens automatically by hand pressure
13    applied to a button, spring or other device in the handle
14    of the knife, or a ballistic knife, which is a device that
15    propels a knifelike blade as a projectile by means of a
16    coil spring, elastic material or compressed gas; or
17        (2) Carries or possesses with intent to use the same
18    unlawfully against another, a dagger, dirk, billy,
19    dangerous knife, razor, stiletto, broken bottle or other
20    piece of glass, stun gun or taser or any other dangerous or
21    deadly weapon or instrument of like character; or
22        (2.5) Carries or possesses with intent to use the same
23    unlawfully against another, any firearm in a church,
24    synagogue, mosque, or other building, structure, or place
25    used for religious worship; or

 

 

SB3200- 218 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 219 -LRB103 39081 RLC 69219 b

1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (ii) any rifle having one or more barrels less
20        than 16 inches in length or a shotgun having one or
21        more barrels less than 18 inches in length or any
22        weapon made from a rifle or shotgun, whether by
23        alteration, modification, or otherwise, if such a
24        weapon as modified has an overall length of less than
25        26 inches; or
26            (iii) any bomb, bomb-shell, grenade, bottle or

 

 

SB3200- 220 -LRB103 39081 RLC 69219 b

1        other container containing an explosive substance of
2        over one-quarter ounce for like purposes, such as, but
3        not limited to, black powder bombs and Molotov
4        cocktails or artillery projectiles; or
5        (8) Carries or possesses any firearm, stun gun or
6    taser or other deadly weapon in any place which is
7    licensed to sell intoxicating beverages, or at any public
8    gathering held pursuant to a license issued by any
9    governmental body or any public gathering at which an
10    admission is charged, excluding a place where a showing,
11    demonstration or lecture involving the exhibition of
12    unloaded firearms is conducted.
13        This subsection (a)(8) does not apply to any auction
14    or raffle of a firearm held pursuant to a license or permit
15    issued by a governmental body, nor does it apply to
16    persons engaged in firearm safety training courses; or
17        (9) Carries or possesses in a vehicle or on or about
18    his or her person any pistol, revolver, stun gun or taser
19    or firearm or ballistic knife, when he or she is hooded,
20    robed or masked in such manner as to conceal his or her
21    identity; or
22        (10) Carries or possesses on or about his or her
23    person, upon any public street, alley, or other public
24    lands within the corporate limits of a city, village, or
25    incorporated town, except when an invitee thereon or
26    therein, for the purpose of the display of such weapon or

 

 

SB3200- 221 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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1        (14) Manufactures, possesses, sells, or offers to
2    sell, purchase, manufacture, import, transfer, or use any
3    device, part, kit, tool, accessory, or combination of
4    parts that is designed to and functions to increase the
5    rate of fire of a semiautomatic firearm above the standard
6    rate of fire for semiautomatic firearms that is not
7    equipped with that device, part, or combination of parts;
8    or
9        (15) Carries or possesses any assault weapon or .50
10    caliber rifle in violation of Section 24-1.9; or
11        (16) Manufactures, sells, delivers, imports, or
12    purchases any assault weapon or .50 caliber rifle in
13    violation of Section 24-1.9.
14    (b) Sentence. A person convicted of a violation of
15subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
16subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
17commits a Class A misdemeanor. A person convicted of a
18violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
19Class 4 felony; a person convicted of a violation of
20subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2124-1(a)(16) commits a Class 3 felony. A person convicted of a
22violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
23and shall be sentenced to a term of imprisonment of not less
24than 3 years and not more than 7 years, unless the weapon is
25possessed in the passenger compartment of a motor vehicle as
26defined in Section 1-146 of the Illinois Vehicle Code, or on

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
2102-1116, eff. 1-10-23.)
 
3    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
4    Sec. 24-1.1. Unlawful use or possession of weapons by
5felons or persons in the custody of the Department of
6Corrections facilities.
7    (a) It is unlawful for a person to knowingly possess on or
8about his person or on his land or in his own abode or fixed
9place of business any weapon prohibited under Section 24-1 of
10this Act or any firearm or any firearm ammunition if the person
11has been convicted of a felony under the laws of this State or
12any other jurisdiction. This Section shall not apply if the
13person has been granted relief under this subsection by the
14Director of the Illinois State Police under Section 10 of the
15Firearm Owners Identification Card Act. A person prohibited
16from possessing a firearm under this subsection (a) may
17petition the Director of the Illinois State Police for a
18hearing and relief from the prohibition, unless the
19prohibition was based upon a forcible felony, stalking,
20aggravated stalking, domestic battery, any violation of the
21Illinois Controlled Substances Act, the Methamphetamine
22Control and Community Protection Act, or the Cannabis Control
23Act that is classified as a Class 2 or greater felony, any
24felony violation of Article 24 of the Criminal Code of 1961 or
25the Criminal Code of 2012, or any adjudication as a delinquent

 

 

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1minor for the commission of an offense that if committed by an
2adult would be a felony, in which case the person may petition
3the circuit court in writing in the county of his or her
4residence for a hearing and relief from the prohibition. The
5Director or court may grant the relief if it is established by
6the petitioner to the court's or Director's satisfaction that:
7        (1) when in the circuit court, the State's Attorney
8    has been served with a written copy of the petition at
9    least 30 days before any hearing in the circuit court and
10    at the hearing the State's Attorney was afforded an
11    opportunity to present evidence and object to the
12    petition;
13        (2) the petitioner has not been convicted of a
14    forcible felony under the laws of this State or any other
15    jurisdiction within 20 years of the filing of the
16    petition, or at least 20 years have passed since the end of
17    any period of imprisonment imposed in relation to that
18    conviction;
19        (3) the circumstances regarding a criminal conviction,
20    where applicable, the petitioner's criminal history and
21    his or her reputation are such that the petitioner will
22    not be likely to act in a manner dangerous to public
23    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) It is unlawful for any person confined in a penal
3institution, which is a facility of the Illinois Department of
4Corrections, to possess any weapon prohibited under Section
524-1 of this Code or any firearm or firearm ammunition,
6regardless of the intent with which he possesses it.
7    (c) It shall be an affirmative defense to a violation of
8subsection (b), that such possession was specifically
9authorized by rule, regulation, or directive of the Illinois
10Department of Corrections or order issued pursuant thereto.
11    (d) The defense of necessity is not available to a person
12who is charged with a violation of subsection (b) of this
13Section.
14    (e) Sentence. Violation of this Section by a person not
15confined in a penal institution shall be a Class 3 felony for
16which the person shall be sentenced to no less than 2 years and
17no more than 10 years. A second or subsequent violation of this
18Section shall be a Class 2 felony for which the person shall be
19sentenced to a term of imprisonment of not less than 3 years
20and not more than 14 years, except as provided for in Section
215-4.5-110 of the Unified Code of Corrections. Violation of
22this Section by a person not confined in a penal institution
23who has been convicted of a forcible felony, a felony
24violation of Article 24 of this Code or of the Firearm Owners
25Identification Card Act, stalking or aggravated stalking, or a
26Class 2 or greater felony under the Illinois Controlled

 

 

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1Substances Act, the Cannabis Control Act, or the
2Methamphetamine Control and Community Protection Act is a
3Class 2 felony for which the person shall be sentenced to not
4less than 3 years and not more than 14 years, except as
5provided for in Section 5-4.5-110 of the Unified Code of
6Corrections. Violation of this Section by a person who is on
7parole or mandatory supervised release is a Class 2 felony for
8which the person shall be sentenced to not less than 3 years
9and not more than 14 years, except as provided for in Section
105-4.5-110 of the Unified Code of Corrections. Violation of
11this Section by a person not confined in a penal institution is
12a Class X felony when the firearm possessed is a machine gun.
13Any person who violates this Section while confined in a penal
14institution, which is a facility of the Illinois Department of
15Corrections, is guilty of a Class 1 felony, if he possesses any
16weapon prohibited under Section 24-1 of this Code regardless
17of the intent with which he possesses it, a Class X felony if
18he possesses any firearm, firearm ammunition or explosive, and
19a Class X felony for which the offender shall be sentenced to
20not less than 12 years and not more than 50 years when the
21firearm possessed is a machine gun. A violation of this
22Section while wearing or in possession of body armor as
23defined in Section 33F-1 is a Class X felony punishable by a
24term of imprisonment of not less than 10 years and not more
25than 40 years. The possession of each firearm or firearm
26ammunition in violation of this Section constitutes a single

 

 

SB3200- 233 -LRB103 39081 RLC 69219 b

1and separate violation.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    (720 ILCS 5/24-1.6)
4    Sec. 24-1.6. Aggravated unlawful use of a weapon.
5    (a) A person commits the offense of aggravated unlawful
6use of a weapon when he or she knowingly:
7        (1) Carries on or about his or her person or in any
8    vehicle or concealed on or about his or her person except
9    when on his or her land or in his or her abode, legal
10    dwelling, or fixed place of business, or on the land or in
11    the legal dwelling of another person as an invitee with
12    that person's permission, any pistol, revolver, stun gun
13    or taser or other firearm; or
14        (2) Carries or possesses on or about his or her
15    person, upon any public street, alley, or other public
16    lands within the corporate limits of a city, village or
17    incorporated town, except when an invitee thereon or
18    therein, for the purpose of the display of such weapon or
19    the lawful commerce in weapons, or except when on his or
20    her own land or in his or her own abode, legal dwelling, or
21    fixed place of business, or on the land or in the legal
22    dwelling of another person as an invitee with that
23    person's permission, any pistol, revolver, stun gun or
24    taser or other firearm; and
25        (3) One of the following factors is present:

 

 

SB3200- 234 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 235 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 236 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 237 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 238 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 239 -LRB103 39081 RLC 69219 b

1    (720 ILCS 5/24-1.9)
2    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
3purchase of assault weapons, .50 caliber rifles, and .50
4caliber cartridges.
5    (a) Definitions. In this Section:
6    (1) "Assault weapon" means any of the following, except as
7provided in subdivision (2) of this subsection:
8        (A) A semiautomatic rifle that has the capacity to
9    accept a detachable magazine or that may be readily
10    modified to accept a detachable magazine, if the firearm
11    has one or more of the following:
12            (i) a pistol grip or thumbhole stock;
13            (ii) any feature capable of functioning as a
14        protruding grip that can be held by the non-trigger
15        hand;
16            (iii) a folding, telescoping, thumbhole, or
17        detachable stock, or a stock that is otherwise
18        foldable or adjustable in a manner that operates to
19        reduce the length, size, or any other dimension, or
20        otherwise enhances the concealability of, the weapon;
21            (iv) a flash suppressor;
22            (v) a grenade launcher;
23            (vi) a shroud attached to the barrel or that
24        partially or completely encircles the barrel, allowing
25        the bearer to hold the firearm with the non-trigger

 

 

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

 

 

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

 

 

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1    such weapon:
2            (i) All AK types, including the following:
3                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
4            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
5            AK-47, VEPR, WASR-10, and WUM.
6                (II) IZHMASH Saiga AK.
7                (III) MAADI AK47 and ARM.
8                (IV) Norinco 56S, 56S2, 84S, and 86S.
9                (V) Poly Technologies AK47 and AKS.
10                (VI) SKS with a detachable magazine.
11            (ii) all AR types, including the following:
12                (I) AR-10.
13                (II) AR-15.
14                (III) Alexander Arms Overmatch Plus 16.
15                (IV) Armalite M15 22LR Carbine.
16                (V) Armalite M15-T.
17                (VI) Barrett REC7.
18                (VII) Beretta AR-70.
19                (VIII) Black Rain Ordnance Recon Scout.
20                (IX) Bushmaster ACR.
21                (X) Bushmaster Carbon 15.
22                (XI) Bushmaster MOE series.
23                (XII) Bushmaster XM15.
24                (XIII) Chiappa Firearms MFour rifles.
25                (XIV) Colt Match Target rifles.
26                (XV) CORE Rifle Systems CORE15 rifles.

 

 

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1                (XVI) Daniel Defense M4A1 rifles.
2                (XVII) Devil Dog Arms 15 Series rifles.
3                (XVIII) Diamondback DB15 rifles.
4                (XIX) DoubleStar AR rifles.
5                (XX) DPMS Tactical rifles.
6                (XXI) DSA Inc. ZM-4 Carbine.
7                (XXII) Heckler & Koch MR556.
8                (XXIII) High Standard HSA-15 rifles.
9                (XXIV) Jesse James Nomad AR-15 rifle.
10                (XXV) Knight's Armament SR-15.
11                (XXVI) Lancer L15 rifles.
12                (XXVII) MGI Hydra Series rifles.
13                (XXVIII) Mossberg MMR Tactical rifles.
14                (XXIX) Noreen Firearms BN 36 rifle.
15                (XXX) Olympic Arms.
16                (XXXI) POF USA P415.
17                (XXXII) Precision Firearms AR rifles.
18                (XXXIII) Remington R-15 rifles.
19                (XXXIV) Rhino Arms AR rifles.
20                (XXXV) Rock River Arms LAR-15 or Rock River
21            Arms LAR-47.
22                (XXXVI) Sig Sauer SIG516 rifles and MCX
23            rifles.
24                (XXXVII) Smith & Wesson M&P15 rifles.
25                (XXXVIII) Stag Arms AR rifles.
26                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556

 

 

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

 

 

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1        M-14/20CF.
2            (xx) All Thompson rifles, including the following:
3                (I) Thompson M1SB.
4                (II) Thompson T1100D.
5                (III) Thompson T150D.
6                (IV) Thompson T1B.
7                (V) Thompson T1B100D.
8                (VI) Thompson T1B50D.
9                (VII) Thompson T1BSB.
10                (VIII) Thompson T1-C.
11                (IX) Thompson T1D.
12                (X) Thompson T1SB.
13                (XI) Thompson T5.
14                (XII) Thompson T5100D.
15                (XIII) Thompson TM1.
16                (XIV) Thompson TM1C.
17            (xxi) UMAREX UZI rifle.
18            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
19        UZI Model B Carbine.
20            (xxiii) Valmet M62S, M71S, and M78.
21            (xxiv) Vector Arms UZI Type.
22            (xxv) Weaver Arms Nighthawk.
23            (xxvi) Wilkinson Arms Linda Carbine.
24        (K) All of the following pistols, copies, duplicates,
25    variants, or altered facsimiles with the capability of any
26    such weapon thereof:

 

 

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1            (i) All AK types, including the following:
2                (I) Centurion 39 AK pistol.
3                (II) CZ Scorpion pistol.
4                (III) Draco AK-47 pistol.
5                (IV) HCR AK-47 pistol.
6                (V) IO Inc. Hellpup AK-47 pistol.
7                (VI) Krinkov pistol.
8                (VII) Mini Draco AK-47 pistol.
9                (VIII) PAP M92 pistol.
10                (IX) Yugo Krebs Krink pistol.
11            (ii) All AR types, including the following:
12                (I) American Spirit AR-15 pistol.
13                (II) Bushmaster Carbon 15 pistol.
14                (III) Chiappa Firearms M4 Pistol GEN II.
15                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
16                (V) Daniel Defense MK18 pistol.
17                (VI) DoubleStar Corporation AR pistol.
18                (VII) DPMS AR-15 pistol.
19                (VIII) Jesse James Nomad AR-15 pistol.
20                (IX) Olympic Arms AR-15 pistol.
21                (X) Osprey Armament MK-18 pistol.
22                (XI) POF USA AR pistols.
23                (XII) Rock River Arms LAR 15 pistol.
24                (XIII) Uselton Arms Air-Lite M-4 pistol.
25            (iii) Calico pistols.
26            (iv) DSA SA58 PKP FAL pistol.

 

 

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1            (v) Encom MP-9 and MP-45.
2            (vi) Heckler & Koch model SP-89 pistol.
3            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
4        TEC-DC9.
5            (viii) IWI Galil Ace pistol, UZI PRO pistol.
6            (ix) Kel-Tec PLR 16 pistol.
7            (x) All MAC types, including the following:
8                (I) MAC-10.
9                (II) MAC-11.
10                (III) Masterpiece Arms MPA A930 Mini Pistol,
11            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
12            Tactical Pistol.
13                (IV) Military Armament Corp. Ingram M-11.
14                (V) Velocity Arms VMAC.
15            (xi) Sig Sauer P556 pistol.
16            (xii) Sites Spectre.
17            (xiii) All Thompson types, including the
18        following:
19                (I) Thompson TA510D.
20                (II) Thompson TA5.
21            (xiv) All UZI types, including Micro-UZI.
22        (L) All of the following shotguns, copies, duplicates,
23    variants, or altered facsimiles with the capability of any
24    such weapon thereof:
25            (i) DERYA Anakon MC-1980, Anakon SD12.
26            (ii) Doruk Lethal shotguns.

 

 

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

 

 

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

 

 

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1that is permanently attached to a firearm, or contained in and
2not removable from a firearm, or that is otherwise not a
3detachable magazine, but does not include an attached tubular
4device designed to accept, and capable of operating only with,
5.22 caliber rimfire ammunition.
6    (b) Except as provided in subsections (c), (d), and (e),
7on or after January 10, 2023 (the effective date of Public Act
8102-1116) this amendatory Act of the 102nd General Assembly,
9it is unlawful for any person within this State to knowingly
10manufacture, deliver, sell, import, or purchase or cause to be
11manufactured, delivered, sold, imported, or purchased by
12another, an assault weapon, assault weapon attachment, .50
13caliber rifle, or .50 caliber cartridge.
14    (c) Except as otherwise provided in subsection (d),
15beginning January 1, 2024, it is unlawful for any person
16within this State to knowingly possess an assault weapon,
17assault weapon attachment, .50 caliber rifle, or .50 caliber
18cartridge.
19    (d) This Section does not apply to a person's possession
20of an assault weapon, assault weapon attachment, .50 caliber
21rifle, or .50 caliber cartridge device if the person lawfully
22possessed that assault weapon, assault weapon attachment, .50
23caliber rifle, or .50 caliber cartridge prohibited by
24subsection (c) of this Section, if the person has provided in
25an endorsement affidavit, prior to January 1, 2024, under oath
26or affirmation and in the form and manner prescribed by the

 

 

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1Illinois State Police, no later than October 1, 2023:
2        (1) (blank) the affiant's Firearm Owner's
3    Identification Card number;
4        (2) an affirmation that the affiant: (i) possessed an
5    assault weapon, assault weapon attachment, .50 caliber
6    rifle, or .50 caliber cartridge before January 10, 2023
7    (the effective date of Public Act 102-1116) this
8    amendatory Act of the 102nd General Assembly; or (ii)
9    inherited the assault weapon, assault weapon attachment,
10    .50 caliber rifle, or .50 caliber cartridge from a person
11    with an endorsement under this Section or from a person
12    authorized under subdivisions (1) through (5) of
13    subsection (e) to possess the assault weapon, assault
14    weapon attachment, .50 caliber rifle, or .50 caliber
15    cartridge; and
16        (3) the make, model, caliber, and serial number of the
17    .50 caliber rifle or assault weapon or assault weapons
18    listed in paragraphs (J), (K), and (L) of subdivision (1)
19    of subsection (a) of this Section possessed by the affiant
20    prior to January 10, 2023 (the effective date of Public
21    Act 102-1116) this amendatory Act of the 102nd General
22    Assembly and any assault weapons identified and published
23    by the Illinois State Police pursuant to this subdivision
24    (3). No later than October 1, 2023, and every October 1
25    thereafter, the Illinois State Police shall, via
26    rulemaking, identify, publish, and make available on its

 

 

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1    website, the list of assault weapons subject to an
2    endorsement affidavit under this subsection (d). The list
3    shall identify, but is not limited to, the copies,
4    duplicates, variants, and altered facsimiles of the
5    assault weapons identified in paragraphs (J), (K), and (L)
6    of subdivision (1) of subsection (a) of this Section and
7    shall be consistent with the definition of "assault
8    weapon" identified in this Section. The Illinois State
9    Police may adopt emergency rulemaking in accordance with
10    Section 5-45 of the Illinois Administrative Procedure Act.
11    The adoption of emergency rules authorized by Section 5-45
12    of the Illinois Administrative Procedure Act and this
13    paragraph is deemed to be necessary for the public
14    interest, safety, and welfare.
15    The affidavit form shall include the following statement
16printed in bold type: "Warning: Entering false information on
17this form is punishable as perjury under Section 32-2 of the
18Criminal Code of 2012. Entering false information on this form
19is a violation of the Firearm Owners Identification Card Act."
20    In any administrative, civil, or criminal proceeding in
21this State, a completed endorsement affidavit submitted to the
22Illinois State Police by a person under this Section creates a
23rebuttable presumption that the person is entitled to possess
24and transport the assault weapon, assault weapon attachment,
25.50 caliber rifle, or .50 caliber cartridge.
26    Beginning 90 days after January 10, 2023 (the effective

 

 

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1date of Public Act 102-1116) this amendatory Act of the 102nd
2General Assembly, a person authorized under this Section to
3possess an assault weapon, assault weapon attachment, .50
4caliber rifle, or .50 caliber cartridge shall possess such
5items only:
6        (1) on private property owned or immediately
7    controlled by the person;
8        (2) on private property that is not open to the public
9    with the express permission of the person who owns or
10    immediately controls such property;
11        (3) while on the premises of a licensed firearms
12    dealer or gunsmith for the purpose of lawful repair;
13        (4) while engaged in the legal use of the assault
14    weapon, assault weapon attachment, .50 caliber rifle, or
15    .50 caliber cartridge at a properly licensed firing range
16    or sport shooting competition venue; or
17        (5) while traveling to or from these locations,
18    provided that the assault weapon, assault weapon
19    attachment, or .50 caliber rifle is unloaded and the
20    assault weapon, assault weapon attachment, .50 caliber
21    rifle, or .50 caliber cartridge is enclosed in a case,
22    firearm carrying box, shipping box, or other container.
23    Beginning on January 1, 2024, the person with the
24endorsement for an assault weapon, assault weapon attachment,
25.50 caliber rifle, or .50 caliber cartridge or a person
26authorized under subdivisions (1) through (5) of subsection

 

 

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1(e) to possess an assault weapon, assault weapon attachment,
2.50 caliber rifle, or .50 caliber cartridge may transfer the
3assault weapon, assault weapon attachment, .50 caliber rifle,
4or .50 caliber cartridge only to an heir, an individual
5residing in another state maintaining it in another state, or
6a dealer licensed as a federal firearms dealer under Section
7923 of the federal Gun Control Act of 1968. Within 10 days
8after transfer of the weapon except to an heir, the person
9shall notify the Illinois State Police of the name and address
10of the transferee and comply with the requirements of
11subsection (b) of Section 3 of the Firearm Owners
12Identification Card Act. The person to whom the weapon or
13ammunition is transferred shall, within 60 days of the
14transfer, complete an affidavit required under this Section. A
15person to whom the weapon is transferred may transfer it only
16as provided in this subsection.
17    Except as provided in subsection (e) and beginning on
18January 1, 2024, any person who moves into this State in
19possession of an assault weapon, assault weapon attachment,
20.50 caliber rifle, or .50 caliber cartridge shall, within 60
21days, apply for a Firearm Owners Identification Card and
22complete an endorsement application as outlined in subsection
23(d).
24    Notwithstanding any other law, information contained in
25the endorsement affidavit shall be confidential, is exempt
26from disclosure under the Freedom of Information Act, and

 

 

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1shall not be disclosed, except to law enforcement agencies
2acting in the performance of their duties.
3    (e) The provisions of this Section regarding the purchase
4or possession of assault weapons, assault weapon attachments,
5.50 caliber rifles, and .50 cartridges, as well as the
6provisions of this Section that prohibit causing those items
7to be purchased or possessed, do not apply to:
8        (1) Peace officers, as defined in Section 2-13 of this
9    Code.
10        (2) Qualified law enforcement officers and qualified
11    retired law enforcement officers as defined in the Law
12    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
13    and 926C) and as recognized under Illinois law.
14        (3) Acquisition and possession by a federal, State, or
15    local law enforcement agency for the purpose of equipping
16    the agency's peace officers as defined in paragraph (1) or
17    (2) of this subsection (e).
18        (4) Wardens, superintendents, and keepers of prisons,
19    penitentiaries, jails, and other institutions for the
20    detention of persons accused or convicted of an offense.
21        (5) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard, while
23    performing their official duties or while traveling to or
24    from their places of duty.
25        (6) Any company that employs armed security officers
26    in this State at a nuclear energy, storage, weapons, or

 

 

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

 

 

SB3200- 257 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3200- 269 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 270 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 271 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 272 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 273 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 274 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 275 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 276 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 277 -LRB103 39081 RLC 69219 b

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

 

 

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1any subsection of this Article need not negative any
2exemptions contained in this Article. The defendant shall have
3the burden of proving such an exemption.
4    (i) Nothing in this Article shall prohibit, apply to, or
5affect the transportation, carrying, or possession, of any
6pistol or revolver, stun gun, taser, or other firearm
7consigned to a common carrier operating under license of the
8State of Illinois or the federal government, where such
9transportation, carrying, or possession is incident to the
10lawful transportation in which such common carrier is engaged;
11and nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession of any
13pistol, revolver, stun gun, taser, or other firearm, not the
14subject of and regulated by subsection 24-1(a)(7) or
15subsection 24-2(c) of this Article, which is unloaded and
16enclosed in a case, firearm carrying box, shipping box, or
17other container, by a person eligible under State and federal
18law to possess a firearm the possessor of a valid Firearm
19Owners Identification Card.
20(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
21102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
 
22    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
23    Sec. 24-3. Unlawful sale or delivery of firearms.
24    (A) A person commits the offense of unlawful sale or
25delivery of firearms when he or she knowingly does any of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3200- 285 -LRB103 39081 RLC 69219 b

1    removed or altered has knowledge that the firearm is
2    stolen or converted.
3    (B) Paragraph (h) of subsection (A) does not include
4firearms sold within 6 months after enactment of Public Act
578-355 (approved August 21, 1973, effective October 1, 1973),
6nor is any firearm legally owned or possessed by any citizen or
7purchased by any citizen within 6 months after the enactment
8of Public Act 78-355 subject to confiscation or seizure under
9the provisions of that Public Act. Nothing in Public Act
1078-355 shall be construed to prohibit the gift or trade of any
11firearm if that firearm was legally held or acquired within 6
12months after the enactment of that Public Act.
13    (C) Sentence.
14        (1) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (c), (e), (f), (g),
16    or (h) of subsection (A) commits a Class 4 felony.
17        (2) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (b) or (i) of
19    subsection (A) commits a Class 3 felony.
20        (3) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a) of subsection
22    (A) commits a Class 2 felony.
23        (4) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (a), (b), or (i) of
25    subsection (A) in any school, on the real property
26    comprising a school, within 1,000 feet of the real

 

 

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

 

 

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

 

 

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

 

 

SB3200- 289 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 290 -LRB103 39081 RLC 69219 b

1after the commission of the offense defined in the particular
2paragraph.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22.)
 
5    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
6    Sec. 24-3.1. Unlawful possession of firearms and firearm
7ammunition.
8    (a) A person commits the offense of unlawful possession of
9firearms or firearm ammunition when:
10        (1) He is under 18 years of age and has in his
11    possession any firearm of a size which may be concealed
12    upon the person; or
13        (2) He is under 21 years of age, has been convicted of
14    a misdemeanor other than a traffic offense or adjudged
15    delinquent and has any firearms or firearm ammunition in
16    his possession; or
17        (3) He is a narcotic addict and has any firearms or
18    firearm ammunition in his possession; or
19        (4) He has been a patient in a mental institution
20    within the past 5 years and has any firearms or firearm
21    ammunition in his possession. For purposes of this
22    paragraph (4):
23            "Mental institution" means any hospital,
24        institution, clinic, evaluation facility, mental
25        health center, or part thereof, which is used

 

 

SB3200- 291 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 292 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 293 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 294 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 295 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 296 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1firearms manufacturer in compliance with all federal laws and
2regulations regulating the manufacture and import of firearms
3or (2) a federal firearms manufacturer, federal firearms
4dealer, or other federal licensee authorized to provide
5marking services in compliance with the unserialized firearm
6serialization process under subsection (f) of this Section.
7    (e) Any firearm or unfinished frame or receiver
8manufactured using a three-dimensional printer must also be
9serialized in accordance with the requirements of subsection
10(f) within 30 days after May 18, 2022 (the effective date of
11Public Act 102-889) this amendatory Act of the 102nd General
12Assembly, or prior to reaching a stage of manufacture where it
13may be readily completed, assembled, or converted to be a
14functional firearm.
15    (f) Unserialized unfinished frames or receivers and
16unserialized firearms serialized pursuant to this Section
17shall be serialized in compliance with all of the following:
18        (1) An unserialized unfinished frame or receiver and
19    unserialized firearm shall be serialized by a federally
20    licensed firearms dealer or other federal licensee
21    authorized to provide marking services with the licensee's
22    abbreviated federal firearms license number as a prefix
23    (which is the first 3 and last 5 digits) followed by a
24    hyphen, and then followed by a number as a suffix, such as
25    12345678-(number). The serial number or numbers must be
26    placed in a manner that accords with the requirements

 

 

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

 

 

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1    compliance with the federal guidelines set forth in 27 CFR
2    478.124.
3        (4) (Blank). Every federally licensed firearms dealer
4    or other federal licensee that engraves, casts, stamps, or
5    otherwise conspicuously and permanently places a unique
6    serial number pursuant to this Section shall review and
7    confirm the validity of the owner's Firearm Owner's
8    Identification Card issued under the Firearm Owners
9    Identification Card Act prior to returning the firearm to
10    the owner.
11    (g) Within 30 days after May 18, 2022 (the effective date
12of Public Act 102-889) this amendatory Act of the 102nd
13General Assembly, the Director of the Illinois State Police
14shall issue a public notice regarding the provisions of this
15Section. The notice shall include posting on the Illinois
16State Police website and may include written notification or
17any other means of communication statewide to all
18Illinois-based federal firearms manufacturers, federal
19firearms dealers, or other federal licensees authorized to
20provide marking services in compliance with the serialization
21process in subsection (f) in order to educate the public.
22    (h) Exceptions. This Section does not apply to an
23unserialized unfinished frame or receiver or an unserialized
24firearm that:
25        (1) has been rendered permanently inoperable;
26        (2) is an antique firearm, as defined in 18 U.S.C.

 

 

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

 

 

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

 

 

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1    (c) Subsection (a) does not apply:
2        (1) if the minor under 14 years of age gains access to
3    a firearm and uses it in a lawful act of self-defense or
4    defense of another; or
5        (2) to any firearm obtained by a minor under the age of
6    14 because of an unlawful entry of the premises by the
7    minor or another person.
8    (d) (Blank). For the purposes of this Section, "firearm"
9has the meaning ascribed to it in Section 1.1 of the Firearm
10Owners Identification Card Act.
11(Source: P.A. 91-18, eff. 1-1-00.)
 
12    Section 165. The Methamphetamine Control and Community
13Protection Act is amended by changing Section 10 as follows:
 
14    (720 ILCS 646/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Anhydrous ammonia" has the meaning provided in subsection
17(d) of Section 3 of the Illinois Fertilizer Act of 1961.
18    "Anhydrous ammonia equipment" means all items used to
19store, hold, contain, handle, transfer, transport, or apply
20anhydrous ammonia for lawful purposes.
21    "Booby trap" means any device designed to cause physical
22injury when triggered by an act of a person approaching,
23entering, or moving through a structure, a vehicle, or any
24location where methamphetamine has been manufactured, is being

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1includes, but is not limited to, any propane tank, fire
2extinguisher, oxygen cylinder, gasoline can, food or beverage
3cooler, or compressed gas cylinder used in dispensing fountain
4drinks. "Unauthorized container" does not encompass anhydrous
5ammonia manufacturing plants, refrigeration systems where
6anhydrous ammonia is used solely as a refrigerant, anhydrous
7ammonia transportation pipelines, anhydrous ammonia tankers,
8or anhydrous ammonia barges.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    Section 170. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 102-7.1, 110-10, 112A-5.5,
12112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as
13follows:
 
14    (725 ILCS 5/102-7.1)
15    Sec. 102-7.1. "Category A offense". "Category A offense"
16means a Class 1 felony, Class 2 felony, Class X felony, first
17degree murder, a violation of Section 11-204 of the Illinois
18Vehicle Code, a second or subsequent violation of Section
1911-501 of the Illinois Vehicle Code, a violation of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code, a
21violation of Section 11-401 of the Illinois Vehicle Code if
22the crash results in injury and the person failed to report the
23crash within 30 minutes, a violation of Section 9-3, 9-3.4,
2410-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,

 

 

SB3200- 319 -LRB103 39081 RLC 69219 b

112-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
212-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
325-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
4subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
5of 2012, a violation of paragraph (5) or (6) of subsection (b)
6of Section 10-9 of the Criminal Code of 2012, a violation of
7subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
8of Section 11-1.50 of the Criminal Code of 2012, a violation of
9Section 12-7 of the Criminal Code of 2012 if the defendant
10inflicts bodily harm on the victim to obtain a confession,
11statement, or information, a violation of Section 12-7.5 of
12the Criminal Code of 2012 if the action results in bodily harm,
13a violation of paragraph (3) of subsection (b) of Section 17-2
14of the Criminal Code of 2012, a violation of subdivision
15(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
16violation of paragraph (6) of subsection (a) of Section 24-1
17of the Criminal Code of 2012, a first violation of Section
1824-1.6 of the Criminal Code of 2012 by a person 18 years of age
19or older where the factors listed in both items (A) and (C) or
20both items (A-5) and (C) of paragraph (3) of subsection (a) of
21Section 24-1.6 of the Criminal Code of 2012 are present, a
22Class 3 felony violation of paragraph (1) of subsection (a) of
23Section 2 of the Firearm Owners Identification Card Act
24committed before the effective date of this amendatory Act of
25the 103rd General Assembly, or a violation of Section 10 of the
26Sex Offender Registration Act.

 

 

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1(Source: P.A. 102-982, eff. 7-1-23.)
 
2    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
3    Sec. 110-10. Conditions of pretrial release.
4    (a) If a person is released prior to conviction, the
5conditions of pretrial release shall be that he or she will:
6        (1) Appear to answer the charge in the court having
7    jurisdiction on a day certain and thereafter as ordered by
8    the court until discharged or final order of the court;
9        (2) Submit himself or herself to the orders and
10    process of the court;
11        (3) (Blank);
12        (4) Not violate any criminal statute of any
13    jurisdiction;
14        (5) At a time and place designated by the court,
15    surrender all firearms in his or her possession to a law
16    enforcement officer designated by the court to take
17    custody of and impound the firearms and physically
18    surrender his or her Firearm Owner's Identification Card
19    to the clerk of the circuit court when the offense the
20    person has been charged with is a forcible felony,
21    stalking, aggravated stalking, domestic battery, any
22    violation of the Illinois Controlled Substances Act, the
23    Methamphetamine Control and Community Protection Act, or
24    the Cannabis Control Act that is classified as a Class 2 or
25    greater felony, or any felony violation of Article 24 of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012; the
2    court may, however, forgo the imposition of this condition
3    when the circumstances of the case clearly do not warrant
4    it or when its imposition would be impractical; if the
5    Firearm Owner's Identification Card is confiscated, the
6    clerk of the circuit court shall mail the confiscated card
7    to the Illinois State Police; all legally possessed
8    firearms shall be returned to the person upon the charges
9    being dismissed, or if the person is found not guilty,
10    unless the finding of not guilty is by reason of insanity;
11    and
12        (6) At a time and place designated by the court,
13    submit to a psychological evaluation when the person has
14    been charged with a violation of item (4) of subsection
15    (a) of Section 24-1 of the Criminal Code of 1961 or the
16    Criminal Code of 2012 and that violation occurred in a
17    school or in any conveyance owned, leased, or contracted
18    by a school to transport students to or from school or a
19    school-related activity, or on any public way within 1,000
20    feet of real property comprising any school.
21    Psychological evaluations ordered pursuant to this Section
22shall be completed promptly and made available to the State,
23the defendant, and the court. As a further condition of
24pretrial release under these circumstances, the court shall
25order the defendant to refrain from entering upon the property
26of the school, including any conveyance owned, leased, or

 

 

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1contracted by a school to transport students to or from school
2or a school-related activity, or on any public way within
31,000 feet of real property comprising any school. Upon
4receipt of the psychological evaluation, either the State or
5the defendant may request a change in the conditions of
6pretrial release, pursuant to Section 110-6 of this Code. The
7court may change the conditions of pretrial release to include
8a requirement that the defendant follow the recommendations of
9the psychological evaluation, including undergoing psychiatric
10treatment. The conclusions of the psychological evaluation and
11any statements elicited from the defendant during its
12administration are not admissible as evidence of guilt during
13the course of any trial on the charged offense, unless the
14defendant places his or her mental competency in issue.
15    (b) Additional conditions of release shall be set only
16when it is determined that they are necessary to ensure the
17defendant's appearance in court, ensure the defendant does not
18commit any criminal offense, ensure the defendant complies
19with all conditions of pretrial release, prevent the
20defendant's unlawful interference with the orderly
21administration of justice, or ensure compliance with the rules
22and procedures of problem solving courts. However, conditions
23shall include the least restrictive means and be
24individualized. Conditions shall not mandate rehabilitative
25services unless directly tied to the risk of pretrial
26misconduct. Conditions of supervision shall not include

 

 

SB3200- 323 -LRB103 39081 RLC 69219 b

1punitive measures such as community service work or
2restitution. Conditions may include the following:
3        (0.05) Not depart this State without leave of the
4    court;
5        (1) Report to or appear in person before such person
6    or agency as the court may direct;
7        (2) Refrain from possessing a firearm or other
8    dangerous weapon;
9        (3) Refrain from approaching or communicating with
10    particular persons or classes of persons;
11        (4) Refrain from going to certain described geographic
12    areas or premises;
13        (5) Be placed under direct supervision of the Pretrial
14    Services Agency, Probation Department or Court Services
15    Department in a pretrial home supervision capacity with or
16    without the use of an approved electronic monitoring
17    device subject to Article 8A of Chapter V of the Unified
18    Code of Corrections;
19        (6) For persons charged with violating Section 11-501
20    of the Illinois Vehicle Code, refrain from operating a
21    motor vehicle not equipped with an ignition interlock
22    device, as defined in Section 1-129.1 of the Illinois
23    Vehicle Code, pursuant to the rules promulgated by the
24    Secretary of State for the installation of ignition
25    interlock devices. Under this condition the court may
26    allow a defendant who is not self-employed to operate a

 

 

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1    vehicle owned by the defendant's employer that is not
2    equipped with an ignition interlock device in the course
3    and scope of the defendant's employment;
4        (7) Comply with the terms and conditions of an order
5    of protection issued by the court under the Illinois
6    Domestic Violence Act of 1986 or an order of protection
7    issued by the court of another state, tribe, or United
8    States territory;
9        (8) Sign a written admonishment requiring that he or
10    she comply with the provisions of Section 110-12 regarding
11    any change in his or her address. The defendant's address
12    shall at all times remain a matter of record with the clerk
13    of the court; and
14        (9) Such other reasonable conditions as the court may
15    impose, so long as these conditions are the least
16    restrictive means to achieve the goals listed in
17    subsection (b), are individualized, and are in accordance
18    with national best practices as detailed in the Pretrial
19    Supervision Standards of the Supreme Court.
20    The defendant shall receive verbal and written
21notification of conditions of pretrial release and future
22court dates, including the date, time, and location of court.
23    (c) When a person is charged with an offense under Section
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
26Criminal Code of 2012, involving a victim who is a minor under

 

 

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118 years of age living in the same household with the defendant
2at the time of the offense, in releasing the defendant, the
3judge shall impose conditions to restrict the defendant's
4access to the victim which may include, but are not limited to
5conditions that he will:
6        1. Vacate the household.
7        2. Make payment of temporary support to his
8    dependents.
9        3. Refrain from contact or communication with the
10    child victim, except as ordered by the court.
11    (d) When a person is charged with a criminal offense and
12the victim is a family or household member as defined in
13Article 112A, conditions shall be imposed at the time of the
14defendant's release that restrict the defendant's access to
15the victim. Unless provided otherwise by the court, the
16restrictions shall include requirements that the defendant do
17the following:
18        (1) refrain from contact or communication with the
19    victim for a minimum period of 72 hours following the
20    defendant's release; and
21        (2) refrain from entering or remaining at the victim's
22    residence for a minimum period of 72 hours following the
23    defendant's release.
24    (e) Local law enforcement agencies shall develop
25standardized pretrial release forms for use in cases involving
26family or household members as defined in Article 112A,

 

 

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1including specific conditions of pretrial release as provided
2in subsection (d). Failure of any law enforcement department
3to develop or use those forms shall in no way limit the
4applicability and enforcement of subsections (d) and (f).
5    (f) If the defendant is released after conviction
6following appeal or other post-conviction proceeding, the
7conditions of the pretrial release shall be that he will, in
8addition to the conditions set forth in subsections (a) and
9(b) hereof:
10        (1) Duly prosecute his appeal;
11        (2) Appear at such time and place as the court may
12    direct;
13        (3) Not depart this State without leave of the court;
14        (4) Comply with such other reasonable conditions as
15    the court may impose; and
16        (5) If the judgment is affirmed or the cause reversed
17    and remanded for a new trial, forthwith surrender to the
18    officer from whose custody he was released.
19    (g) Upon a finding of guilty for any felony offense, the
20defendant shall physically surrender, at a time and place
21designated by the court, any and all firearms in his or her
22possession and his or her Firearm Owner's Identification Card
23as a condition of being released pending sentencing.
24(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
25102-1104, eff. 1-1-23.)
 

 

 

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1    (725 ILCS 5/112A-5.5)
2    Sec. 112A-5.5. Time for filing petition; service on
3respondent, hearing on petition, and default orders.
4    (a) A petition for a protective order may be filed at any
5time, in person or online, after a criminal charge or
6delinquency petition is filed and before the charge or
7delinquency petition is dismissed, the defendant or juvenile
8is acquitted, or the defendant or juvenile completes service
9of his or her sentence.
10    (b) The request for an ex parte protective order may be
11considered without notice to the respondent under Section
12112A-17.5 of this Code.
13    (c) A summons shall be issued and served for a protective
14order. The summons may be served by delivery to the respondent
15personally in open court in the criminal or juvenile
16delinquency proceeding, in the form prescribed by subsection
17(d) of Supreme Court Rule 101, except that it shall require the
18respondent to answer or appear within 7 days. Attachments to
19the summons shall include the petition for protective order,
20supporting affidavits, if any, and any ex parte protective
21order that has been issued.
22    (d) The summons shall be served by the sheriff or other law
23enforcement officer at the earliest time available and shall
24take precedence over any other summons, except those of a
25similar emergency nature. Attachments to the summons shall
26include the petition for protective order, supporting

 

 

SB3200- 328 -LRB103 39081 RLC 69219 b

1affidavits, if any, and any ex parte protective order that has
2been issued. Special process servers may be appointed at any
3time and their designation shall not affect the
4responsibilities and authority of the sheriff or other
5official process servers. In a county with a population over
63,000,000, a special process server may not be appointed if
7the protective order grants the surrender of a child, the
8surrender of a firearm or Firearm Owner's Identification Card,
9or the exclusive possession of a shared residence.
10    (e) If the respondent is not served within 30 days of the
11filing of the petition, the court shall schedule a court
12proceeding on the issue of service. Either the petitioner, the
13petitioner's counsel, or the State's Attorney shall appear and
14the court shall either order continued attempts at personal
15service or shall order service by publication, in accordance
16with Sections 2-203, 2-206, and 2-207 of the Code of Civil
17Procedure.
18    (f) The request for a final protective order can be
19considered at any court proceeding in the delinquency or
20criminal case after service of the petition. If the petitioner
21has not been provided notice of the court proceeding at least
2210 days in advance of the proceeding, the court shall schedule
23a hearing on the petition and provide notice to the
24petitioner.
25    (f-5) A court in a county with a population above 250,000
26shall offer the option of a remote hearing to a petitioner for

 

 

SB3200- 329 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 330 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 331 -LRB103 39081 RLC 69219 b

1purposes of federal law.
2    (a) When a defendant has been charged with a violation of
3Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
4Criminal Code of 1961 or the Criminal Code of 2012, the State
5may, at arraignment or no later than 45 days after
6arraignment, for the purpose of notification to the Illinois
7State Police Firearm Owner's Identification Card Office, serve
8on the defendant and file with the court a notice alleging that
9conviction of the offense would subject the defendant to the
10prohibitions of 18 U.S.C. 922(g)(9) because of the
11relationship between the defendant and the alleged victim and
12the nature of the alleged offense.
13    (b) The notice shall include the name of the person
14alleged to be the victim of the crime and shall specify the
15nature of the alleged relationship as set forth in 18 U.S.C.
16921(a)(33)(A)(ii). It shall also specify the element of the
17charged offense which requires the use or attempted use of
18physical force, or the threatened use of a deadly weapon, as
19set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
20notice that the defendant is entitled to a hearing on the
21allegation contained in the notice and that if the allegation
22is sustained, that determination and conviction shall be
23reported to the Illinois State Police Firearm Owner's
24Identification Card Office.
25    (c) After having been notified as provided in subsection
26(b) of this Section, the defendant may stipulate or admit,

 

 

SB3200- 332 -LRB103 39081 RLC 69219 b

1orally on the record or in writing, that conviction of the
2offense would subject the defendant to the prohibitions of 18
3U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
4922(g)(9) shall be deemed established for purposes of Section
5112A-11.2. If the defendant denies the applicability of 18
6U.S.C. 922(g)(9) as alleged in the notice served by the State,
7or stands mute with respect to that allegation, then the State
8shall bear the burden to prove beyond a reasonable doubt that
9the offense is one to which the prohibitions of 18 U.S.C.
10922(g)(9) apply. The court may consider reliable hearsay
11evidence submitted by either party provided that it is
12relevant to the determination of the allegation. Facts
13previously proven at trial or elicited at the time of entry of
14a plea of guilty shall be deemed established beyond a
15reasonable doubt and shall not be relitigated. At the
16conclusion of the hearing, or upon a stipulation or admission,
17as applicable, the court shall make a specific written
18determination with respect to the allegation.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (725 ILCS 5/112A-11.2)
21    Sec. 112A-11.2. Notification to the Illinois State Police
22Firearm Owner's Identification Card Office of determinations
23in certain misdemeanor cases. Upon judgment of conviction of a
24violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
2512-3.5 of the Criminal Code of 1961 or the Criminal Code of

 

 

SB3200- 333 -LRB103 39081 RLC 69219 b

12012 when the defendant has been determined, under Section
2112A-11.1, to be subject to the prohibitions of 18 U.S.C.
3922(g)(9), the circuit court clerk shall include notification
4and a copy of the written determination in a report of the
5conviction to the Illinois State Police Firearm Owner's
6Identification Card Office to enable the office to report that
7determination to the Federal Bureau of Investigation and
8assist the Bureau in identifying persons prohibited from
9purchasing and possessing a firearm pursuant to the provisions
10of 18 U.S.C. 922.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
13    Sec. 112A-14. Domestic violence order of protection;
14remedies.
15    (a) (Blank).
16    (b) The court may order any of the remedies listed in this
17subsection (b). The remedies listed in this subsection (b)
18shall be in addition to other civil or criminal remedies
19available to petitioner.
20        (1) Prohibition of abuse. Prohibit respondent's
21    harassment, interference with personal liberty,
22    intimidation of a dependent, physical abuse, or willful
23    deprivation, as defined in this Article, if such abuse has
24    occurred or otherwise appears likely to occur if not
25    prohibited.

 

 

SB3200- 334 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 335 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

SB3200- 337 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

SB3200- 339 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

SB3200- 341 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

SB3200- 344 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 345 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 346 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 347 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 348 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 349 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 350 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 351 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 352 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 353 -LRB103 39081 RLC 69219 b

1        (5) Never married parties. No rights or
2    responsibilities for a minor child born outside of
3    marriage attach to a putative father until a father and
4    child relationship has been established under the Illinois
5    Parentage Act of 1984, the Illinois Parentage Act of 2015,
6    the Illinois Public Aid Code, Section 12 of the Vital
7    Records Act, the Juvenile Court Act of 1987, the Probate
8    Act of 1975, 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 statute of this State, or by any
12    foreign nation establishing the father and child
13    relationship, any other proceeding substantially in
14    conformity with the federal Personal Responsibility and
15    Work Opportunity Reconciliation Act of 1996, or when both
16    parties appeared in open court or at an administrative
17    hearing acknowledging under oath or admitting by
18    affirmation the existence of a father and child
19    relationship. Absent such an adjudication, no putative
20    father shall be granted temporary allocation of parental
21    responsibilities, including parenting time with the minor
22    child, or physical care and possession of the minor child,
23    nor shall an order of payment for support of the minor
24    child be entered.
25    (d) Balance of hardships; findings. If the court finds
26that the balance of hardships does not support the granting of

 

 

SB3200- 354 -LRB103 39081 RLC 69219 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 by respondent;
22        (6) petitioner did not leave the residence or
23    household to avoid further abuse by respondent; or
24        (7) conduct by any family or household member excused
25    the abuse by respondent, unless that same conduct would
26    have excused such abuse if the parties had not been family

 

 

SB3200- 355 -LRB103 39081 RLC 69219 b

1    or household members.
2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
4    (725 ILCS 5/112A-14.7)
5    Sec. 112A-14.7. Stalking no contact order; remedies.
6    (a) The court may order any of the remedies listed in this
7Section. The remedies listed in this Section shall be in
8addition to other civil or criminal remedies available to
9petitioner. A stalking no contact order shall order one or
10more of the following:
11        (1) prohibit the respondent from threatening to commit
12    or committing stalking;
13        (2) order the respondent not to have any contact with
14    the petitioner or a third person specifically named by the
15    court;
16        (3) prohibit the respondent from knowingly coming
17    within, or knowingly remaining within a specified distance
18    of the petitioner or the petitioner's residence, school,
19    daycare, or place of employment, or any specified place
20    frequented by the petitioner; however, the court may order
21    the respondent to stay away from the respondent's own
22    residence, school, or place of employment only if the
23    respondent has been provided actual notice of the
24    opportunity to appear and be heard on the petition;
25        (4) prohibit the respondent from possessing a Firearm

 

 

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

 

 

SB3200- 357 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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1    (725 ILCS 5/112A-17.5)
2    Sec. 112A-17.5. Ex parte protective orders.
3    (a) The petitioner may request expedited consideration of
4the petition for an ex parte protective order. The court shall
5consider the request on an expedited basis without requiring
6the respondent's presence or requiring notice to the
7respondent.
8    (b) Issuance of ex parte protective orders in cases
9involving domestic violence. An ex parte domestic violence
10order of protection shall be issued if petitioner satisfies
11the requirements of this subsection (b) for one or more of the
12requested remedies. For each remedy requested, petitioner
13shall establish that:
14        (1) the court has jurisdiction under Section 112A-9 of
15    this Code;
16        (2) the requirements of subsection (a) of Section
17    112A-11.5 of this Code are satisfied; and
18        (3) there is good cause to grant the remedy,
19    regardless of prior service of process or notice upon the
20    respondent, because:
21            (A) for the remedy of prohibition of abuse
22        described in paragraph (1) of subsection (b) of
23        Section 112A-14 of this Code; stay away order and
24        additional prohibitions described in paragraph (3) of
25        subsection (b) of Section 112A-14 of this Code;

 

 

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

 

 

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

 

 

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1(12), (13), and (16) of subsection (b) of Section 112A-14 of
2this Code.
3    (c) Issuance of ex parte civil no contact order in cases
4involving sexual offenses. An ex parte civil no contact order
5shall be issued if the petitioner establishes that:
6        (1) the court has jurisdiction under Section 112A-9 of
7    this Code;
8        (2) the requirements of subsection (a) of Section
9    112A-11.5 of this Code are satisfied; and
10        (3) there is good cause to grant the remedy,
11    regardless of prior service of process or of notice upon
12    the respondent, because the harm which that remedy is
13    intended to prevent would be likely to occur if the
14    respondent were given any prior notice, or greater notice
15    than was actually given, of the petitioner's efforts to
16    obtain judicial relief.
17    The court may order any of the remedies under Section
18112A-14.5 of this Code.
19    (d) Issuance of ex parte stalking no contact order in
20cases involving stalking offenses. An ex parte stalking no
21contact order shall be issued if the petitioner establishes
22that:
23        (1) the court has jurisdiction under Section 112A-9 of
24    this Code;
25        (2) the requirements of subsection (a) of Section
26    112A-11.5 of this Code are satisfied; and

 

 

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1        (3) there is good cause to grant the remedy,
2    regardless of prior service of process or of notice upon
3    the respondent, because the harm which that remedy is
4    intended to prevent would be likely to occur if the
5    respondent were given any prior notice, or greater notice
6    than was actually given, of the petitioner's efforts to
7    obtain judicial relief.
8    The court may order any of the remedies under Section
9112A-14.7 of this Code.
10    (e) Issuance of ex parte protective orders on court
11holidays and evenings.
12    When the court is unavailable at the close of business,
13the petitioner may file a petition for an ex parte protective
14order before any available circuit judge or associate judge
15who may grant relief under this Article. If the judge finds
16that petitioner has satisfied the prerequisites in subsection
17(b), (c), or (d) of this Section, the judge shall issue an ex
18parte protective order.
19    The chief judge of the circuit court may designate for
20each county in the circuit at least one judge to be reasonably
21available to issue orally, by telephone, by facsimile, or
22otherwise, an ex parte protective order at all times, whether
23or not the court is in session.
24    The judge who issued the order under this Section shall
25promptly communicate or convey the order to the sheriff to
26facilitate the entry of the order into the Law Enforcement

 

 

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1Agencies Data System by the Illinois State Police under
2Section 112A-28 of this Code. Any order issued under this
3Section and any documentation in support of it shall be
4certified on the next court day to the appropriate court. The
5clerk of that court shall immediately assign a case number,
6file the petition, order, and other documents with the court
7and enter the order of record and file it with the sheriff for
8service under subsection (f) of this Section. Failure to
9comply with the requirements of this subsection (e) shall not
10affect the validity of the order.
11    (f) Service of ex parte protective order on respondent.
12        (1) If an ex parte protective order is entered at the
13    time a summons or arrest warrant is issued for the
14    criminal charge, the petition for the protective order,
15    any supporting affidavits, if any, and the ex parte
16    protective order that has been issued shall be served with
17    the summons or arrest warrant. The enforcement of a
18    protective order under Section 112A-23 of this Code shall
19    not be affected by the lack of service or delivery,
20    provided the requirements of subsection (a) of Section
21    112A-23 of this Code are otherwise met.
22        (2) If an ex parte protective order is entered after a
23    summons or arrest warrant is issued and before the
24    respondent makes an initial appearance in the criminal
25    case, the summons shall be in the form prescribed by
26    subsection (d) of Supreme Court Rule 101, except that it

 

 

SB3200- 365 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 366 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 367 -LRB103 39081 RLC 69219 b

1respondent, and the court do not object.
2    (i) Duration of ex parte protective order. An ex parte
3order shall remain in effect until the court considers the
4request for a final protective order after notice has been
5served on the respondent or a default final protective order
6is entered, whichever occurs first. If a court date is
7scheduled for the issuance of a default protective order and
8the petitioner fails to personally appear or appear through
9counsel or the prosecuting attorney, the petition shall be
10dismissed and the ex parte order terminated.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 175. The Unified Code of Corrections is amended by
13changing Sections 3-2-10.5, 5-5-3, 5-5-3.2, and 5-6-3 as
14follows:
 
15    (730 ILCS 5/3-2-10.5)
16    Sec. 3-2-10.5. Retiring security employees and parole
17agents; purchase of service firearm and badge. The Director
18shall establish a program to allow a security employee or
19parole agent of the Department who is honorably retiring in
20good standing to purchase either one or both of the following:
21(1) any badge previously issued to the security employee or
22parole agent by the Department; or (2) if the security
23employee or parole agent has a currently valid Firearm Owner's
24Identification Card, the service firearm issued or previously

 

 

SB3200- 368 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 369 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 370 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 371 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 372 -LRB103 39081 RLC 69219 b

1        (U) A second or subsequent violation of Section 6-303
2    of the Illinois Vehicle Code committed while his or her
3    driver's license, permit, or privilege was revoked because
4    of a violation of Section 9-3 of the Criminal Code of 1961
5    or the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a similar provision of a law of
7    another state.
8        (V) A violation of paragraph (4) of subsection (c) of
9    Section 11-20.1B or paragraph (4) of subsection (c) of
10    Section 11-20.3 of the Criminal Code of 1961, or paragraph
11    (6) of subsection (a) of Section 11-20.1 of the Criminal
12    Code of 2012 when the victim is under 13 years of age and
13    the defendant has previously been convicted under the laws
14    of this State or any other state of the offense of child
15    pornography, aggravated child pornography, aggravated
16    criminal sexual abuse, aggravated criminal sexual assault,
17    predatory criminal sexual assault of a child, or any of
18    the offenses formerly known as rape, deviate sexual
19    assault, indecent liberties with a child, or aggravated
20    indecent liberties with a child where the victim was under
21    the age of 18 years or an offense that is substantially
22    equivalent to those offenses.
23        (W) A violation of Section 24-3.5 of the Criminal Code
24    of 1961 or the Criminal Code of 2012.
25        (X) A violation of subsection (a) of Section 31-1a of
26    the Criminal Code of 1961 or the Criminal Code of 2012.

 

 

SB3200- 373 -LRB103 39081 RLC 69219 b

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

 

 

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1the Illinois Vehicle Code.
2    (4.1) (Blank).
3    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4this subsection (c), a minimum of 100 hours of community
5service shall be imposed for a second violation of Section
66-303 of the Illinois Vehicle Code.
7    (4.3) A minimum term of imprisonment of 30 days or 300
8hours of community service, as determined by the court, shall
9be imposed for a second violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11    (4.4) Except as provided in paragraphs (4.5), (4.6), and
12(4.9) of this subsection (c), a minimum term of imprisonment
13of 30 days or 300 hours of community service, as determined by
14the court, shall be imposed for a third or subsequent
15violation of Section 6-303 of the Illinois Vehicle Code. The
16court may give credit toward the fulfillment of community
17service hours for participation in activities and treatment as
18determined by court services.
19    (4.5) A minimum term of imprisonment of 30 days shall be
20imposed for a third violation of subsection (c) of Section
216-303 of the Illinois Vehicle Code.
22    (4.6) Except as provided in paragraph (4.10) of this
23subsection (c), a minimum term of imprisonment of 180 days
24shall be imposed for a fourth or subsequent violation of
25subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26    (4.7) A minimum term of imprisonment of not less than 30

 

 

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

 

 

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1        (B) a fine;
2        (C) make restitution to the victim under Section 5-5-6
3    of this Code.
4    (5.1) In addition to any other penalties imposed, and
5except as provided in paragraph (5.2) or (5.3), a person
6convicted of violating subsection (c) of Section 11-907 of the
7Illinois Vehicle Code shall have his or her driver's license,
8permit, or privileges suspended for at least 90 days but not
9more than one year, if the violation resulted in damage to the
10property of another person.
11    (5.2) In addition to any other penalties imposed, and
12except as provided in paragraph (5.3), a person convicted of
13violating subsection (c) of Section 11-907 of the Illinois
14Vehicle Code shall have his or her driver's license, permit,
15or privileges suspended for at least 180 days but not more than
162 years, if the violation resulted in injury to another
17person.
18    (5.3) In addition to any other penalties imposed, a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for 2 years, if the violation
22resulted in the death of another person.
23    (5.4) In addition to any other penalties imposed, a person
24convicted of violating Section 3-707 of the Illinois Vehicle
25Code shall have his or her driver's license, permit, or
26privileges suspended for 3 months and until he or she has paid

 

 

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

 

 

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1official" means a person at an athletic contest who enforces
2the rules of the contest, such as an umpire or referee;
3"athletic facility" means an indoor or outdoor playing field
4or recreational area where sports activities are conducted;
5and "coach" means a person recognized as a coach by the
6sanctioning authority that conducted the sporting event.
7    (12) A person may not receive a disposition of court
8supervision for a violation of Section 5-16 of the Boat
9Registration and Safety Act if that person has previously
10received a disposition of court supervision for a violation of
11that Section.
12    (13) A person convicted of or placed on court supervision
13for an assault or aggravated assault when the victim and the
14offender are family or household members as defined in Section
15103 of the Illinois Domestic Violence Act of 1986 or convicted
16of domestic battery or aggravated domestic battery may be
17required to attend a Partner Abuse Intervention Program under
18protocols set forth by the Illinois Department of Human
19Services under such terms and conditions imposed by the court.
20The costs of such classes shall be paid by the offender.
21    (d) In any case in which a sentence originally imposed is
22vacated, the case shall be remanded to the trial court. The
23trial court shall hold a hearing under Section 5-4-1 of this
24Code which may include evidence of the defendant's life, moral
25character and occupation during the time since the original
26sentence was passed. The trial court shall then impose

 

 

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

 

 

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1        the defendant's:
2                (i) removal from the household;
3                (ii) restricted contact with the victim;
4                (iii) continued financial support of the
5            family;
6                (iv) restitution for harm done to the victim;
7            and
8                (v) compliance with any other measures that
9            the court may deem appropriate; and
10        (2) the court orders the defendant to pay for the
11    victim's counseling services, to the extent that the court
12    finds, after considering the defendant's income and
13    assets, that the defendant is financially capable of
14    paying for such services, if the victim was under 18 years
15    of age at the time the offense was committed and requires
16    counseling as a result of the offense.
17    Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24    For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 2012.

 

 

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1    (f) (Blank).
2    (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the defendant shall undergo medical
9testing to determine whether the defendant has any sexually
10transmissible disease, including a test for infection with
11human immunodeficiency virus (HIV) or any other identified
12causative agent of acquired immunodeficiency syndrome (AIDS).
13Any such medical test shall be performed only by appropriately
14licensed medical practitioners and may include an analysis of
15any bodily fluids as well as an examination of the defendant's
16person. Except as otherwise provided by law, the results of
17such test shall be kept strictly confidential by all medical
18personnel involved in the testing and must be personally
19delivered in a sealed envelope to the judge of the court in
20which the conviction was entered for the judge's inspection in
21camera. Acting in accordance with the best interests of the
22victim and the public, the judge shall have the discretion to
23determine to whom, if anyone, the results of the testing may be
24revealed. The court shall notify the defendant of the test
25results. The court shall also notify the victim if requested
26by the victim, and if the victim is under the age of 15 and if

 

 

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

 

 

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

 

 

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111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
6Code of 2012, any violation of the Illinois Controlled
7Substances Act, any violation of the Cannabis Control Act, or
8any violation of the Methamphetamine Control and Community
9Protection Act results in conviction, a disposition of court
10supervision, or an order of probation granted under Section 10
11of the Cannabis Control Act, Section 410 of the Illinois
12Controlled Substances Act, or Section 70 of the
13Methamphetamine Control and Community Protection Act of a
14defendant, the court shall determine whether the defendant is
15employed by a facility or center as defined under the Child
16Care Act of 1969, a public or private elementary or secondary
17school, or otherwise works with children under 18 years of age
18on a daily basis. When a defendant is so employed, the court
19shall order the Clerk of the Court to send a copy of the
20judgment of conviction or order of supervision or probation to
21the defendant's employer by certified mail. If the employer of
22the defendant is a school, the Clerk of the Court shall direct
23the mailing of a copy of the judgment of conviction or order of
24supervision or probation to the appropriate regional
25superintendent of schools. The regional superintendent of
26schools shall notify the State Board of Education of any

 

 

SB3200- 385 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 386 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 387 -LRB103 39081 RLC 69219 b

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

 

 

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1Section 3-6-3.
2    (m) A person convicted of criminal defacement of property
3under Section 21-1.3 of the Criminal Code of 1961 or the
4Criminal Code of 2012, in which the property damage exceeds
5$300 and the property damaged is a school building, shall be
6ordered to perform community service that may include cleanup,
7removal, or painting over the defacement.
8    (n) The court may sentence a person convicted of a
9violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
11of 1961 or the Criminal Code of 2012 (i) to an impact
12incarceration program if the person is otherwise eligible for
13that program under Section 5-8-1.1, (ii) to community service,
14or (iii) if the person has a substance use disorder, as defined
15in the Substance Use Disorder Act, to a treatment program
16licensed under that Act.
17    (o) Whenever a person is convicted of a sex offense as
18defined in Section 2 of the Sex Offender Registration Act, the
19defendant's driver's license or permit shall be subject to
20renewal on an annual basis in accordance with the provisions
21of license renewal established by the Secretary of State.
22(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
23102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
241-1-24.)
 
25    (730 ILCS 5/5-5-3.2)

 

 

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1    Sec. 5-5-3.2. Factors in aggravation and extended-term
2sentencing.
3    (a) The following factors shall be accorded weight in
4favor of imposing a term of imprisonment or may be considered
5by the court as reasons to impose a more severe sentence under
6Section 5-8-1 or Article 4.5 of Chapter V:
7        (1) the defendant's conduct caused or threatened
8    serious harm;
9        (2) the defendant received compensation for committing
10    the offense;
11        (3) the defendant has a history of prior delinquency
12    or criminal activity;
13        (4) the defendant, by the duties of his office or by
14    his position, was obliged to prevent the particular
15    offense committed or to bring the offenders committing it
16    to justice;
17        (5) the defendant held public office at the time of
18    the offense, and the offense related to the conduct of
19    that office;
20        (6) the defendant utilized his professional reputation
21    or position in the community to commit the offense, or to
22    afford him an easier means of committing it;
23        (7) the sentence is necessary to deter others from
24    committing the same crime;
25        (8) the defendant committed the offense against a
26    person 60 years of age or older or such person's property;

 

 

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

 

 

SB3200- 391 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 392 -LRB103 39081 RLC 69219 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (34) the defendant committed the offense of leaving
2    the scene of a crash in violation of subsection (b) of
3    Section 11-401 of the Illinois Vehicle Code and the crash
4    resulted in the death of a person and at the time of the
5    offense, the defendant was: (i) driving under the
6    influence of alcohol, other drug or drugs, intoxicating
7    compound or compounds or any combination thereof as
8    defined by Section 11-501 of the Illinois Vehicle Code; or
9    (ii) operating the motor vehicle while using an electronic
10    communication device as defined in Section 12-610.2 of the
11    Illinois Vehicle Code.
12    For the purposes of this Section:
13    "School" is defined as a public or private elementary or
14secondary school, community college, college, or university.
15    "Day care center" means a public or private State
16certified and licensed day care center as defined in Section
172.09 of the Child Care Act of 1969 that displays a sign in
18plain view stating that the property is a day care center.
19    "Intellectual disability" means significantly subaverage
20intellectual functioning which exists concurrently with
21impairment in adaptive behavior.
22    "Public transportation" means the transportation or
23conveyance of persons by means available to the general
24public, and includes paratransit services.
25    "Traffic control devices" means all signs, signals,
26markings, and devices that conform to the Illinois Manual on

 

 

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

 

 

SB3200- 400 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 401 -LRB103 39081 RLC 69219 b

1    attached to it. For purposes of this paragraph, "laser
2    sight" has the meaning ascribed to it in Section 26-7 of
3    the Criminal Code of 2012; or
4        (7) When a defendant who was at least 17 years of age
5    at the time of the commission of the offense is convicted
6    of a felony and has been previously adjudicated a
7    delinquent minor under the Juvenile Court Act of 1987 for
8    an act that if committed by an adult would be a Class X or
9    Class 1 felony when the conviction has occurred within 10
10    years after the previous adjudication, excluding time
11    spent in custody; or
12        (8) When a defendant commits any felony and the
13    defendant used, possessed, exercised control over, or
14    otherwise directed an animal to assault a law enforcement
15    officer engaged in the execution of his or her official
16    duties or in furtherance of the criminal activities of an
17    organized gang in which the defendant is engaged; or
18        (9) When a defendant commits any felony and the
19    defendant knowingly video or audio records the offense
20    with the intent to disseminate the recording.
21    (c) The following factors may be considered by the court
22as reasons to impose an extended term sentence under Section
235-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
24offenses:
25        (1) When a defendant is convicted of first degree
26    murder, after having been previously convicted in Illinois

 

 

SB3200- 402 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 403 -LRB103 39081 RLC 69219 b

1    conduct during which there was no substantial change in
2    the nature of the criminal objective.
3        (4) If the victim was under 18 years of age at the time
4    of the commission of the offense, when a defendant is
5    convicted of aggravated criminal sexual assault or
6    predatory criminal sexual assault of a child under
7    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
8    of Section 12-14.1 of the Criminal Code of 1961 or the
9    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
10        (5) When a defendant is convicted of a felony
11    violation of Section 24-1 of the Criminal Code of 1961 or
12    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
13    finding that the defendant is a member of an organized
14    gang.
15        (6) When a defendant was convicted of unlawful use of
16    weapons under Section 24-1 of the Criminal Code of 1961 or
17    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
18    a weapon that is not readily distinguishable as one of the
19    weapons enumerated in Section 24-1 of the Criminal Code of
20    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
21        (7) When a defendant is convicted of an offense
22    involving the illegal manufacture of a controlled
23    substance under Section 401 of the Illinois Controlled
24    Substances Act (720 ILCS 570/401), the illegal manufacture
25    of methamphetamine under Section 25 of the Methamphetamine
26    Control and Community Protection Act (720 ILCS 646/25), or

 

 

SB3200- 404 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 405 -LRB103 39081 RLC 69219 b

1Article 4.5 of Chapter V upon an offender who has been
2convicted of a felony violation of Section 11-1.20, 11-1.30,
311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
5when the victim of the offense is under 18 years of age at the
6time of the commission of the offense and, during the
7commission of the offense, the victim was under the influence
8of alcohol, regardless of whether or not the alcohol was
9supplied by the offender; and the offender, at the time of the
10commission of the offense, knew or should have known that the
11victim had consumed alcohol.
12(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
13101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
148-20-21; 102-982, eff. 7-1-23.)
 
15    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
16    Sec. 5-6-3. Conditions of probation and of conditional
17discharge.
18    (a) The conditions of probation and of conditional
19discharge shall be that the person:
20        (1) not violate any criminal statute of any
21    jurisdiction;
22        (2) report to or appear in person before such person
23    or agency as directed by the court. To comply with the
24    provisions of this paragraph (2), in lieu of requiring the
25    person on probation or conditional discharge to appear in

 

 

SB3200- 406 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 407 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 408 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 409 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 410 -LRB103 39081 RLC 69219 b

1    Corrections licensed transitional housing facility for sex
2    offenders;
3        (8.7) if convicted for an offense committed on or
4    after June 1, 2008 (the effective date of Public Act
5    95-464) that would qualify the accused as a child sex
6    offender as defined in Section 11-9.3 or 11-9.4 of the
7    Criminal Code of 1961 or the Criminal Code of 2012,
8    refrain from communicating with or contacting, by means of
9    the Internet, a person who is not related to the accused
10    and whom the accused reasonably believes to be under 18
11    years of age; for purposes of this paragraph (8.7),
12    "Internet" has the meaning ascribed to it in Section
13    16-0.1 of the Criminal Code of 2012; and a person is not
14    related to the accused if the person is not: (i) the
15    spouse, brother, or sister of the accused; (ii) a
16    descendant of the accused; (iii) a first or second cousin
17    of the accused; or (iv) a step-child or adopted child of
18    the accused;
19        (8.8) if convicted for an offense under Section 11-6,
20    11-9.1, 11-14.4 that involves soliciting for a juvenile
21    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    or any attempt to commit any of these offenses, committed
24    on or after June 1, 2009 (the effective date of Public Act
25    95-983):
26            (i) not access or use a computer or any other

 

 

SB3200- 411 -LRB103 39081 RLC 69219 b

1        device with Internet capability without the prior
2        written approval of the offender's probation officer,
3        except in connection with the offender's employment or
4        search for employment with the prior approval of the
5        offender's probation officer;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's probation
9        officer, a law enforcement officer, or assigned
10        computer or information technology specialist,
11        including the retrieval and copying of all data from
12        the computer or device and any internal or external
13        peripherals and removal of such information,
14        equipment, or device to conduct a more thorough
15        inspection;
16            (iii) submit to the installation on the offender's
17        computer or device with Internet capability, at the
18        offender's expense, of one or more hardware or
19        software systems to monitor the Internet use; and
20            (iv) submit to any other appropriate restrictions
21        concerning the offender's use of or access to a
22        computer or any other device with Internet capability
23        imposed by the offender's probation officer;
24        (8.9) if convicted of a sex offense as defined in the
25    Sex Offender Registration Act committed on or after
26    January 1, 2010 (the effective date of Public Act 96-262),

 

 

SB3200- 412 -LRB103 39081 RLC 69219 b

1    refrain from accessing or using a social networking
2    website as defined in Section 17-0.5 of the Criminal Code
3    of 2012;
4        (9) if convicted of a felony or of any misdemeanor
5    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
6    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
7    2012 that was determined, pursuant to Section 112A-11.1 of
8    the Code of Criminal Procedure of 1963, to trigger the
9    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
10    at a time and place designated by the court, his or her
11    Firearm Owner's Identification Card and any and all
12    firearms in his or her possession. The Court shall return
13    to the Illinois State Police Firearm Owner's
14    Identification Card Office the person's Firearm Owner's
15    Identification Card;
16        (10) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial
20    minors are present, not participate in a holiday event
21    involving children under 18 years of age, such as
22    distributing candy or other items to children on
23    Halloween, wearing a Santa Claus costume on or preceding
24    Christmas, being employed as a department store Santa
25    Claus, or wearing an Easter Bunny costume on or preceding
26    Easter;

 

 

SB3200- 413 -LRB103 39081 RLC 69219 b

1        (11) if convicted of a sex offense as defined in
2    Section 2 of the Sex Offender Registration Act committed
3    on or after January 1, 2010 (the effective date of Public
4    Act 96-362) that requires the person to register as a sex
5    offender under that Act, may not knowingly use any
6    computer scrub software on any computer that the sex
7    offender uses;
8        (12) if convicted of a violation of the
9    Methamphetamine Control and Community Protection Act, the
10    Methamphetamine Precursor Control Act, or a
11    methamphetamine related offense:
12            (A) prohibited from purchasing, possessing, or
13        having under his or her control any product containing
14        pseudoephedrine unless prescribed by a physician; and
15            (B) prohibited from purchasing, possessing, or
16        having under his or her control any product containing
17        ammonium nitrate; and
18        (13) if convicted of a hate crime involving the
19    protected class identified in subsection (a) of Section
20    12-7.1 of the Criminal Code of 2012 that gave rise to the
21    offense the offender committed, perform public or
22    community service of no less than 200 hours and enroll in
23    an educational program discouraging hate crimes that
24    includes racial, ethnic, and cultural sensitivity training
25    ordered by the court.
26    (b) The Court may in addition to other reasonable

 

 

SB3200- 414 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 415 -LRB103 39081 RLC 69219 b

1        Compensation Act committed in a school, on the real
2        property comprising a school, or within 1,000 feet of
3        the real property comprising a school;
4        (8) make restitution as provided in Section 5-5-6 of
5    this Code;
6        (9) perform some reasonable public or community
7    service;
8        (10) serve a term of home confinement. In addition to
9    any other applicable condition of probation or conditional
10    discharge, the conditions of home confinement shall be
11    that the offender:
12            (i) remain within the interior premises of the
13        place designated for his confinement during the hours
14        designated by the court;
15            (ii) admit any person or agent designated by the
16        court into the offender's place of confinement at any
17        time for purposes of verifying the offender's
18        compliance with the conditions of his confinement; and
19            (iii) if further deemed necessary by the court or
20        the probation or court services department Probation
21        or Court Services Department, be placed on an approved
22        electronic monitoring device, subject to Article 8A of
23        Chapter V;
24            (iv) for persons convicted of any alcohol,
25        cannabis or controlled substance violation who are
26        placed on an approved monitoring device as a condition

 

 

SB3200- 416 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 417 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 418 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 419 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 420 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 421 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 422 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 423 -LRB103 39081 RLC 69219 b

1mandatory drug or alcohol testing, or both, or is assigned to
2be placed on an approved electronic monitoring device, shall
3be ordered to pay all costs incidental to such mandatory drug
4or alcohol testing, or both, and all costs incidental to such
5approved electronic monitoring in accordance with the
6defendant's ability to pay those costs. The county board with
7the concurrence of the Chief Judge of the judicial circuit in
8which the county is located shall establish reasonable fees
9for the cost of maintenance, testing, and incidental expenses
10related to the mandatory drug or alcohol testing, or both, and
11all costs incidental to approved electronic monitoring,
12involved in a successful probation program for the county. The
13concurrence of the Chief Judge shall be in the form of an
14administrative order. The fees shall be collected by the clerk
15of the circuit court, except as provided in an administrative
16order of the Chief Judge of the circuit court. The clerk of the
17circuit court shall pay all moneys collected from these fees
18to the county treasurer who shall use the moneys collected to
19defray the costs of drug testing, alcohol testing, and
20electronic monitoring. The county treasurer shall deposit the
21fees collected in the county working cash fund under Section
226-27001 or Section 6-29002 of the Counties Code, as the case
23may be. The Chief Judge of the circuit court of the county may
24by administrative order establish a program for electronic
25monitoring of offenders, in which a vendor supplies and
26monitors the operation of the electronic monitoring device,

 

 

SB3200- 424 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 425 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 426 -LRB103 39081 RLC 69219 b

1Judge chief judge, a standard probation fee guide determining
2an offender's ability to pay. Of the amount collected as a
3probation fee, up to $5 of that fee collected per month may be
4used to provide services to crime victims and their families.
5    The Court may only waive probation fees based on an
6offender's ability to pay. The probation department may
7re-evaluate an offender's ability to pay every 6 months, and,
8with the approval of the Director of Court Services or the
9Chief Probation Officer, adjust the monthly fee amount. An
10offender may elect to pay probation fees due in a lump sum. Any
11offender that has been assigned to the supervision of a
12probation department, or has been transferred either under
13subsection (h) of this Section or under any interstate
14compact, shall be required to pay probation fees to the
15department supervising the offender, based on the offender's
16ability to pay.
17    Public Act 93-970 deletes the $10 increase in the fee
18under this subsection that was imposed by Public Act 93-616.
19This deletion is intended to control over any other Act of the
2093rd General Assembly that retains or incorporates that fee
21increase.
22    (i-5) In addition to the fees imposed under subsection (i)
23of this Section, in the case of an offender convicted of a
24felony sex offense (as defined in the Sex Offender Management
25Board Act) or an offense that the court or probation
26department has determined to be sexually motivated (as defined

 

 

SB3200- 427 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 428 -LRB103 39081 RLC 69219 b

1    (m) Except for restitution, and assessments issued for
2adjudications under Section 5-125 of the Juvenile Court Act of
31987, fines and assessments, such as fees or administrative
4costs, authorized under this Section shall not be ordered or
5imposed on a minor subject to Article III, IV, or V of the
6Juvenile Court Act of 1987, or a minor under the age of 18
7transferred to adult court or excluded from juvenile court
8jurisdiction under Article V of the Juvenile Court Act of
91987, or the minor's parent, guardian, or legal custodian.
10    (n) (m) A person on probation, conditional discharge, or
11supervision shall not be ordered to refrain from having
12cannabis or alcohol in his or her body unless:
13        (1) the person is under 21 years old;
14        (2) the person was sentenced to probation, conditional
15    discharge, or supervision for an offense which had as an
16    element of the offense the presence of an intoxicating
17    compound in the person's body;
18        (3) the person is participating in a problem-solving
19    court certified by the Illinois Supreme Court;
20        (4) the person has undergone a validated clinical
21    assessment and the clinical treatment plan includes
22    alcohol or cannabis testing; or
23        (5) a court ordered evaluation recommends that the
24    person refrain from using alcohol or cannabis, provided
25    the evaluation is a validated clinical assessment and the
26    recommendation originates from a clinical treatment plan.

 

 

SB3200- 429 -LRB103 39081 RLC 69219 b

1    If the court has made findings that alcohol use was a
2contributing factor in the commission of the underlying
3offense, the court may order a person on probation,
4conditional discharge, or supervision to refrain from having
5alcohol in his or her body during the time between sentencing
6and the completion of a validated clinical assessment,
7provided that such order shall not exceed 30 days and shall be
8terminated if the clinical treatment plan does not recommend
9abstinence or testing, or both.
10    In this subsection (n) (m), "validated clinical
11assessment" and "clinical treatment plan" have the meanings
12ascribed to them in Section 10 of the Drug Court Treatment Act.
13    In any instance in which the court orders testing for
14cannabis or alcohol, the court shall state the reasonable
15relation the condition has to the person's crime for which the
16person was placed on probation, conditional discharge, or
17supervision.
18    (o) (n) A person on probation, conditional discharge, or
19supervision shall not be ordered to refrain from use or
20consumption of any substance lawfully prescribed by a medical
21provider or authorized by the Compassionate Use of Medical
22Cannabis Program Act, except where use is prohibited in
23paragraph (3) or (4) of subsection (n) (m).
24(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
25103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
261-1-24; revised 12-15-23.)
 

 

 

SB3200- 430 -LRB103 39081 RLC 69219 b

1    (730 ILCS 5/3-2-13 rep.)
2    Section 180. The Unified Code of Corrections is amended by
3repealing Section 3-2-13.
 
4    Section 185. The Probation and Probation Officers Act is
5amended by changing Section 15.2 as follows:
 
6    (730 ILCS 110/15.2)
7    Sec. 15.2. Retiring probation officer; purchase of service
8firearm and badge. Each department shall establish a program
9to allow a probation officer of the department who is
10honorably retiring in good standing to purchase either one or
11both of the following: (1) any badge previously issued to the
12probation officer by the department; or (2) if the probation
13officer has a currently valid Firearm Owner's Identification
14Card, the service firearm issued or previously issued to the
15probation officer by the department. The badge must be
16permanently and conspicuously marked in such a manner that the
17individual who possesses the badge is not mistaken for an
18actively serving law enforcement officer. The cost of the
19firearm shall be the replacement value of the firearm and not
20the firearm's fair market value.
21(Source: P.A. 102-719, eff. 5-6-22.)
 
22    Section 190. The Stalking No Contact Order Act is amended

 

 

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

 

 

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

 

 

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

 

 

SB3200- 434 -LRB103 39081 RLC 69219 b

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

 

 

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1    (e) If the stalking no contact order prohibits the
2respondent from possessing a Firearm Owner's Identification
3Card, or possessing or buying firearms; the court shall
4confiscate the respondent's firearms Firearm Owner's
5Identification Card and immediately return the card to the
6Illinois State Police Firearm Owner's Identification Card
7Office.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 195. The Mental Health and Developmental
10Disabilities Confidentiality Act is amended by changing
11Section 12 as follows:
 
12    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
13    Sec. 12. (a) If the United States Secret Service or the
14Illinois State Police requests information from a mental
15health or developmental disability facility, as defined in
16Section 1-107 and 1-114 of the Mental Health and Developmental
17Disabilities Code, relating to a specific recipient and the
18facility director determines that disclosure of such
19information may be necessary to protect the life of, or to
20prevent the infliction of great bodily harm to, a public
21official, or a person under the protection of the United
22States Secret Service, only the following information may be
23disclosed: the recipient's name, address, and age and the date
24of any admission to or discharge from a facility; and any

 

 

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

 

 

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

 

 

SB3200- 438 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 439 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 440 -LRB103 39081 RLC 69219 b

1        (1.3) "Clear and present danger" has the meaning as
2    defined in Section 6-103.3 of the Mental Health and
3    Developmental Disabilities Code 1.1 of the Firearm Owners
4    Identification Card Act.
5        (1.5) "Person with a developmental disability" has the
6    meaning as defined in Section 6-103.3 of the Mental Health
7    and Developmental Disabilities Code 1.1 of the Firearm
8    Owners Identification Card Act.
9        (2) "Patient" means (A) a person who voluntarily
10    receives mental health treatment as an in-patient or
11    resident of any public or private mental health facility,
12    unless the treatment was solely for an alcohol abuse
13    disorder and no other secondary substance abuse disorder
14    or mental illness; or (B) a person who voluntarily
15    receives mental health treatment as an out-patient or is
16    provided services by a public or private mental health
17    facility, and who poses a clear and present danger to
18    himself, herself, or to others has the meaning as defined
19    in Section 1.1 of the Firearm Owners Identification Card
20    Act.
21        (3) "Mental health facility" means any licensed
22    private hospital or hospital affiliate, institution, or
23    facility, or part thereof, and any facility, or part
24    thereof, operated by the State or a political subdivision
25    thereof which provide treatment of persons with mental
26    illness and includes all hospitals, institutions, clinics,

 

 

SB3200- 441 -LRB103 39081 RLC 69219 b

1    evaluation facilities, mental health centers, colleges,
2    universities, long-term care facilities, and nursing
3    homes, or parts thereof, which provide treatment of
4    persons with mental illness whether or not the primary
5    purpose is to provide treatment of persons with mental
6    illness has the meaning as defined in Section 1.1 of the
7    Firearm Owners Identification Card Act.
8    (c) Upon the request of a peace officer who takes a person
9into custody and transports such person to a mental health or
10developmental disability facility pursuant to Section 3-606 or
114-404 of the Mental Health and Developmental Disabilities Code
12or who transports a person from such facility, a facility
13director shall furnish said peace officer the name, address,
14age and name of the nearest relative of the person transported
15to or from the mental health or developmental disability
16facility. In no case shall the facility director disclose to
17the peace officer any information relating to the diagnosis,
18treatment or evaluation of the person's mental or physical
19health.
20    For the purposes of this subsection (c), the terms "mental
21health or developmental disability facility", "peace officer"
22and "facility director" shall have the meanings ascribed to
23them in the Mental Health and Developmental Disabilities Code.
24    (d) Upon the request of a peace officer or prosecuting
25authority who is conducting a bona fide investigation of a
26criminal offense, or attempting to apprehend a fugitive from

 

 

SB3200- 442 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 443 -LRB103 39081 RLC 69219 b

1        (1) By delivery of the summons to respondent
2    personally in open court in pending civil or criminal
3    cases.
4        (2) By notice in accordance with Section 210.1 in
5    civil cases in which the defendant has filed a general
6    appearance.
7    The summons shall be in the form prescribed by Supreme
8Court Rule 101(d), except that it shall require respondent to
9answer or appear within 7 days. Attachments to the summons or
10notice shall include the petition for order of protection and
11supporting affidavits, if any, and any emergency order of
12protection that has been issued. The enforcement of an order
13of protection under Section 223 shall not be affected by the
14lack of service, delivery, or notice, provided the
15requirements of subsection (d) of that Section are otherwise
16met.
17    (b) Blank.
18    (c) Expedited service. The summons shall be served by the
19sheriff or other law enforcement officer at the earliest time
20and shall take precedence over other summonses except those of
21a similar emergency nature. Special process servers may be
22appointed at any time, and their designation shall not affect
23the responsibilities and authority of the sheriff or other
24official process servers. In counties with a population over
253,000,000, a special process server may not be appointed if
26the order of protection grants the surrender of a child, the

 

 

SB3200- 444 -LRB103 39081 RLC 69219 b

1surrender of a firearm or firearm owners identification card,
2or the exclusive possession of a shared residence.
3    (d) Remedies requiring actual notice. The counseling,
4payment of support, payment of shelter services, and payment
5of losses remedies provided by paragraphs 4, 12, 13, and 16 of
6subsection (b) of Section 214 may be granted only if
7respondent has been personally served with process, has
8answered or has made a general appearance.
9    (e) Remedies upon constructive notice. Service of process
10on a member of respondent's household or by publication shall
11be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
126, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
13214, but only if: (i) petitioner has made all reasonable
14efforts to accomplish actual service of process personally
15upon respondent, but respondent cannot be found to effect such
16service and (ii) petitioner files an affidavit or presents
17sworn testimony as to those efforts.
18    (f) Default. A plenary order of protection may be entered
19by default as follows:
20        (1) For any of the remedies sought in the petition, if
21    respondent has been served or given notice in accordance
22    with subsection (a) and if respondent then fails to appear
23    as directed or fails to appear on any subsequent
24    appearance or hearing date agreed to by the parties or set
25    by the court; or
26        (2) For any of the remedies provided in accordance

 

 

SB3200- 445 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 446 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 447 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 448 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 449 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 450 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 451 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 452 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 453 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 454 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 455 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 456 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 457 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 458 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 459 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 460 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 461 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 462 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 463 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 464 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 465 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 466 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 467 -LRB103 39081 RLC 69219 b

1    the granting of relief under the issuance of the emergency
2    order of protection.
3        (5) Never married parties. No rights or
4    responsibilities for a minor child born outside of
5    marriage attach to a putative father until a father and
6    child relationship has been established under the Illinois
7    Parentage Act of 1984, the Illinois Parentage Act of 2015,
8    the Illinois Public Aid Code, Section 12 of the Vital
9    Records Act, the Juvenile Court Act of 1987, the Probate
10    Act of 1975, the Revised Uniform Reciprocal Enforcement of
11    Support Act, the Uniform Interstate Family Support Act,
12    the Expedited Child Support Act of 1990, any judicial,
13    administrative, or other act of another state or
14    territory, any other Illinois statute, or by any foreign
15    nation establishing the father and child relationship, any
16    other proceeding substantially in conformity with the
17    Personal Responsibility and Work Opportunity
18    Reconciliation Act of 1996 (Pub. L. 104-193), or where
19    both parties appeared in open court or at an
20    administrative hearing acknowledging under oath or
21    admitting by affirmation the existence of a father and
22    child relationship. Absent such an adjudication, finding,
23    or acknowledgment, no putative father shall be granted
24    temporary allocation of parental responsibilities,
25    including parenting time with the minor child, or physical
26    care and possession of the minor child, nor shall an order

 

 

SB3200- 468 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 469 -LRB103 39081 RLC 69219 b

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

 

 

SB3200- 470 -LRB103 39081 RLC 69219 b

1    or
2        (3) a governmental entity.
3    After delivery, the administrator is not responsible for
4the safekeeping of the medal or decoration.
5    (b) Property with historical value. Property that the
6administrator reasonably believes may have historical value
7may be, at his or her discretion, loaned to an accredited
8museum in the United States where it will be kept until such
9time as the administrator orders it to be returned to his or
10her custody.
11    (c) Human remains. If human remains are delivered to the
12administrator under this Act, the administrator shall deliver
13those human remains to the coroner of the county in which the
14human remains were abandoned for disposition under Section
153-3034 of the Counties Code. The only human remains that may be
16delivered to the administrator under this Act and that the
17administrator may receive are those that are reported and
18delivered as contents of a safe deposit box.
19    (d) Evidence in a criminal investigation. Property that
20may have been used in the commission of a crime or that may
21assist in the investigation of a crime, as determined after
22consulting with the Illinois State Police, shall be delivered
23to the Illinois State Police or other appropriate law
24enforcement authority to allow law enforcement to determine
25whether a criminal investigation should take place. Any such
26property delivered to a law enforcement authority shall be

 

 

SB3200- 471 -LRB103 39081 RLC 69219 b

1held in accordance with existing statutes and rules related to
2the gathering, retention, and release of evidence.
3    (e) Firearms.
4        (1) The administrator, in cooperation with the
5    Illinois State Police, shall develop a procedure to
6    determine whether a firearm delivered to the administrator
7    under this Act has been stolen or used in the commission of
8    a crime. The Illinois State Police shall determine the
9    appropriate disposition of a firearm that has been stolen
10    or used in the commission of a crime. The administrator
11    shall attempt to return a firearm that has not been stolen
12    or used in the commission of a crime to the rightful owner
13    if the Illinois State Police determines that the owner may
14    lawfully possess the firearm.
15        (2) If the administrator is unable to return a firearm
16    to its owner, the administrator shall transfer custody of
17    the firearm to the Illinois State Police. Legal title to a
18    firearm transferred to the Illinois State Police under
19    this subsection (e) is vested in the Illinois State Police
20    by operation of law if:
21            (i) the administrator cannot locate the owner of
22        the firearm;
23            (ii) the owner of the firearm may not lawfully
24        possess the firearm;
25            (iii) the apparent owner does not respond to
26        notice published under Section 15-503 of this Act; or

 

 

SB3200- 472 -LRB103 39081 RLC 69219 b

1            (iv) the apparent owner responds to notice
2        published under Section 15-502 and states that he or
3        she no longer claims an interest in the firearm.
4        (3) With respect to a firearm whose title is
5    transferred to the Illinois State Police under this
6    subsection (e), the Illinois State Police may:
7            (i) retain the firearm for use by the crime
8        laboratory system, for training purposes, or for any
9        other application as deemed appropriate by the
10        Department;
11            (ii) transfer the firearm to the Illinois State
12        Museum if the firearm has historical value; or
13            (iii) destroy the firearm if it is not retained
14        pursuant to subparagraph (i) or transferred pursuant
15        to subparagraph (ii).
16    As used in this subsection, "firearm" has the meaning
17provided in Section 2-7.5 of the Criminal Code of 2012 the
18Firearm Owners Identification Card Act.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 995. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that
24text does not accelerate or delay the taking effect of (i) the
25changes made by this Act or (ii) provisions derived from any

 

 

SB3200- 473 -LRB103 39081 RLC 69219 b

1other Public Act.
 
2    Section 999. Effective date. This Act takes effect upon
3becoming law.

 

 

SB3200- 474 -LRB103 39081 RLC 69219 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

 

 

SB3200- 475 -LRB103 39081 RLC 69219 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

 

 

SB3200- 476 -LRB103 39081 RLC 69219 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

 

 

SB3200- 477 -LRB103 39081 RLC 69219 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