Illinois General Assembly - Full Text of SB3128
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Full Text of SB3128  102nd General Assembly

SB3128 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3128

 

Introduced 1/11/2022, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.2-5
720 ILCS 5/24-2
720 ILCS 5/36-1  from Ch. 38, par. 36-1
725 ILCS 5/110-6.1  from Ch. 38, par. 110-6.1

    Amends the Criminal Code of 2012. Deletes provisions that prohibit the possession or use of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. Amends the Code of Criminal Procedure of 1963 to make conforming changes.


LRB102 22405 RLC 31545 b

 

 

A BILL FOR

 

SB3128LRB102 22405 RLC 31545 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of
9weapons when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any
14    knife, commonly referred to as a switchblade knife, which
15    has a blade that opens automatically by hand pressure
16    applied to a button, spring or other device in the handle
17    of the knife, or a ballistic knife, which is a device that
18    propels a knifelike blade as a projectile by means of a
19    coil spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

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

 

 

SB3128- 3 -LRB102 22405 RLC 31545 b

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

 

 

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

 

 

SB3128- 5 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 6 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 7 -LRB102 22405 RLC 31545 b

1    solid piece of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
7a person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. A person convicted of a violation of subsection
1924-1(a)(2.5) commits a Class 2 felony. The possession of each
20weapon in violation of this Section constitutes a single and
21separate violation.
22    (c) Violations in specific places.
23        (1) A person who violates subsection 24-1(a)(6) or
24    24-1(a)(7) in any school, regardless of the time of day or
25    the time of year, in residential property owned, operated
26    or managed by a public housing agency or leased by a public

 

 

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

 

 

SB3128- 9 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 10 -LRB102 22405 RLC 31545 b

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development,
3    on the real property comprising any public park, on the
4    real property comprising any courthouse, in any conveyance
5    owned, leased or contracted by a school to transport
6    students to or from school or a school related activity,
7    in any conveyance owned, leased, or contracted by a public
8    transportation agency, or on any public way within 1,000
9    feet of the real property comprising any school, public
10    park, courthouse, public transportation facility, or
11    residential property owned, operated, or managed by a
12    public housing agency or leased by a public housing agency
13    as part of a scattered site or mixed-income development
14    commits a Class 4 felony. "Courthouse" means any building
15    that is used by the Circuit, Appellate, or Supreme Court
16    of this State for the conduct of official business.
17        (3) Paragraphs (1), (1.5), and (2) of this subsection
18    (c) shall not apply to law enforcement officers or
19    security officers of such school, college, or university
20    or to students carrying or possessing firearms for use in
21    training courses, parades, hunting, target shooting on
22    school ranges, or otherwise with the consent of school
23    authorities and which firearms are transported unloaded
24    enclosed in a suitable case, box, or transportation
25    package.
26        (4) For the purposes of this subsection (c), "school"

 

 

SB3128- 11 -LRB102 22405 RLC 31545 b

1    means any public or private elementary or secondary
2    school, community college, college, or university.
3        (5) For the purposes of this subsection (c), "public
4    transportation agency" means a public or private agency
5    that provides for the transportation or conveyance of
6    persons by means available to the general public, except
7    for transportation by automobiles not used for conveyance
8    of the general public as passengers; and "public
9    transportation facility" means a terminal or other place
10    where one may obtain public transportation.
11    (d) The presence in an automobile other than a public
12omnibus of any weapon, instrument or substance referred to in
13subsection (a)(7) is prima facie evidence that it is in the
14possession of, and is being carried by, all persons occupying
15such automobile at the time such weapon, instrument or
16substance is found, except under the following circumstances:
17(i) if such weapon, instrument or instrumentality is found
18upon the person of one of the occupants therein; or (ii) if
19such weapon, instrument or substance is found in an automobile
20operated for hire by a duly licensed driver in the due, lawful
21and proper pursuit of his or her trade, then such presumption
22shall not apply to the driver.
23    (e) Exemptions.
24        (1) Crossbows, Common or Compound bows and Underwater
25    Spearguns are exempted from the definition of ballistic
26    knife as defined in paragraph (1) of subsection (a) of

 

 

SB3128- 12 -LRB102 22405 RLC 31545 b

1    this Section.
2        (2) The provision of paragraph (1) of subsection (a)
3    of this Section prohibiting the sale, manufacture,
4    purchase, possession, or carrying of any knife, commonly
5    referred to as a switchblade knife, which has a blade that
6    opens automatically by hand pressure applied to a button,
7    spring or other device in the handle of the knife, does not
8    apply to a person who possesses a currently valid Firearm
9    Owner's Identification Card previously issued in his or
10    her name by the Illinois State Police or to a person or an
11    entity engaged in the business of selling or manufacturing
12    switchblade knives.
13(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
14    (720 ILCS 5/24-1.2-5)
15    Sec. 24-1.2-5. Aggravated discharge of a machine gun or a
16firearm equipped with a device designed or used for silencing
17the report of a firearm.
18    (a) A person commits aggravated discharge of a machine gun
19or a firearm equipped with a device designed or used for
20silencing the report of a firearm when he or she knowingly or
21intentionally:
22        (1) Discharges a machine gun or a firearm equipped
23    with a device designed or used for silencing the report of
24    a firearm at or into a building he or she knows to be
25    occupied and the machine gun or the firearm equipped with

 

 

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1    a device designed or used for silencing the report of a
2    firearm is discharged from a place or position outside
3    that building;
4        (2) Discharges a machine gun or a firearm equipped
5    with a device designed or used for silencing the report of
6    a firearm in the direction of another person or in the
7    direction of a vehicle he or she knows to be occupied;
8        (3) Discharges a machine gun or a firearm equipped
9    with a device designed or used for silencing the report of
10    a firearm in the direction of a person he or she knows to
11    be a peace officer, a person summoned or directed by a
12    peace officer, a correctional institution employee, or a
13    fireman while the officer, employee or fireman is engaged
14    in the execution of any of his or her official duties, or
15    to prevent the officer, employee or fireman from
16    performing his or her official duties, or in retaliation
17    for the officer, employee or fireman performing his or her
18    official duties;
19        (4) Discharges a machine gun or a firearm equipped
20    with a device designed or used for silencing the report of
21    a firearm in the direction of a vehicle he or she knows to
22    be occupied by a peace officer, a person summoned or
23    directed by a peace officer, a correctional institution
24    employee or a fireman while the officer, employee or
25    fireman is engaged in the execution of any of his or her
26    official duties, or to prevent the officer, employee or

 

 

SB3128- 14 -LRB102 22405 RLC 31545 b

1    fireman from performing his or her official duties, or in
2    retaliation for the officer, employee or fireman
3    performing his or her official duties;
4        (5) Discharges a machine gun or a firearm equipped
5    with a device designed or used for silencing the report of
6    a firearm in the direction of a person he or she knows to
7    be emergency medical services personnel while the
8    emergency medical services personnel is engaged in the
9    execution of any of his or her official duties, or to
10    prevent the emergency medical services personnel from
11    performing his or her official duties, or in retaliation
12    for the emergency medical services personnel performing
13    his or her official duties;
14        (6) Discharges a machine gun or a firearm equipped
15    with a device designed or used for silencing the report of
16    a firearm in the direction of a vehicle he or she knows to
17    be occupied by emergency medical services personnel, while
18    the emergency medical services personnel is engaged in the
19    execution of any of his or her official duties, or to
20    prevent the emergency medical services personnel from
21    performing his or her official duties, or in retaliation
22    for the emergency medical services personnel performing
23    his or her official duties;
24        (7) Discharges a machine gun or a firearm equipped
25    with a device designed or used for silencing the report of
26    a firearm in the direction of a person he or she knows to

 

 

SB3128- 15 -LRB102 22405 RLC 31545 b

1    be an emergency management worker while the emergency
2    management worker is engaged in the execution of any of
3    his or her official duties, or to prevent the emergency
4    management worker from performing his or her official
5    duties, or in retaliation for the emergency management
6    worker performing his or her official duties; or
7        (8) Discharges a machine gun or a firearm equipped
8    with a device designed or used for silencing the report of
9    a firearm in the direction of a vehicle he or she knows to
10    be occupied by an emergency management worker while the
11    emergency management worker is engaged in the execution of
12    any of his or her official duties, or to prevent the
13    emergency management worker from performing his or her
14    official duties, or in retaliation for the emergency
15    management worker performing his or her official duties.
16    (b) A violation of subsection (a) (1) or subsection (a)
17(2) of this Section is a Class X felony. A violation of
18subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a)
19(8) of this Section is a Class X felony for which the sentence
20shall be a term of imprisonment of no less than 12 years and no
21more than 50 years.
22    (c) For the purpose of this Section:
23        "Emergency medical services personnel" has the meaning
24    specified in Section 3.5 of the Emergency Medical Services
25    (EMS) Systems Act and shall include all ambulance crew
26    members, including drivers or pilots.

 

 

SB3128- 16 -LRB102 22405 RLC 31545 b

1        "Machine gun" has the meaning ascribed to it in clause
2    (i) of paragraph (7) of subsection (a) of Section 24-1 of
3    this Code.
4    (d) This Section does not apply to a peace officer while
5serving as a member of a tactical response team or special
6operations team. A peace officer may not personally own or
7apply for ownership of a device or attachment of any kind
8designed, used, or intended for use in silencing the report of
9any firearm. These devices shall be owned and maintained by
10lawfully recognized units of government whose duties include
11the investigation of criminal acts.
12(Source: P.A. 99-816, eff. 8-15-16.)
 
13    (720 ILCS 5/24-2)
14    (Text of Section before amendment by P.A. 102-152)
15    Sec. 24-2. Exemptions.
16    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
18the following:
19        (1) Peace officers, and any person summoned by a peace
20    officer to assist in making arrests or preserving the
21    peace, while actually engaged in assisting such officer.
22        (2) Wardens, superintendents and keepers of prisons,
23    penitentiaries, jails and other institutions for the
24    detention of persons accused or convicted of an offense,
25    while in the performance of their official duty, or while

 

 

SB3128- 17 -LRB102 22405 RLC 31545 b

1    commuting between their homes and places of employment.
2        (3) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard or the
4    Reserve Officers Training Corps, while in the performance
5    of their official duty.
6        (4) Special agents employed by a railroad or a public
7    utility to perform police functions, and guards of armored
8    car companies, while actually engaged in the performance
9    of the duties of their employment or commuting between
10    their homes and places of employment; and watchmen while
11    actually engaged in the performance of the duties of their
12    employment.
13        (5) Persons licensed as private security contractors,
14    private detectives, or private alarm contractors, or
15    employed by a private security contractor, private
16    detective, or private alarm contractor agency licensed by
17    the Department of Financial and Professional Regulation,
18    if their duties include the carrying of a weapon under the
19    provisions of the Private Detective, Private Alarm,
20    Private Security, Fingerprint Vendor, and Locksmith Act of
21    2004, while actually engaged in the performance of the
22    duties of their employment or commuting between their
23    homes and places of employment. A person shall be
24    considered eligible for this exemption if he or she has
25    completed the required 20 hours of training for a private
26    security contractor, private detective, or private alarm

 

 

SB3128- 18 -LRB102 22405 RLC 31545 b

1    contractor, or employee of a licensed private security
2    contractor, private detective, or private alarm contractor
3    agency and 20 hours of required firearm training, and has
4    been issued a firearm control card by the Department of
5    Financial and Professional Regulation. Conditions for the
6    renewal of firearm control cards issued under the
7    provisions of this Section shall be the same as for those
8    cards issued under the provisions of the Private
9    Detective, Private Alarm, Private Security, Fingerprint
10    Vendor, and Locksmith Act of 2004. The firearm control
11    card shall be carried by the private security contractor,
12    private detective, or private alarm contractor, or
13    employee of the licensed private security contractor,
14    private detective, or private alarm contractor agency at
15    all times when he or she is in possession of a concealable
16    weapon permitted by his or her firearm control card.
17        (6) Any person regularly employed in a commercial or
18    industrial operation as a security guard for the
19    protection of persons employed and private property
20    related to such commercial or industrial operation, while
21    actually engaged in the performance of his or her duty or
22    traveling between sites or properties belonging to the
23    employer, and who, as a security guard, is a member of a
24    security force registered with the Department of Financial
25    and Professional Regulation; provided that such security
26    guard has successfully completed a course of study,

 

 

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1    approved by and supervised by the Department of Financial
2    and Professional Regulation, consisting of not less than
3    40 hours of training that includes the theory of law
4    enforcement, liability for acts, and the handling of
5    weapons. A person shall be considered eligible for this
6    exemption if he or she has completed the required 20 hours
7    of training for a security officer and 20 hours of
8    required firearm training, and has been issued a firearm
9    control card by the Department of Financial and
10    Professional Regulation. Conditions for the renewal of
11    firearm control cards issued under the provisions of this
12    Section shall be the same as for those cards issued under
13    the provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004. The firearm control card shall be carried by the
16    security guard at all times when he or she is in possession
17    of a concealable weapon permitted by his or her firearm
18    control card.
19        (7) Agents and investigators of the Illinois
20    Legislative Investigating Commission authorized by the
21    Commission to carry the weapons specified in subsections
22    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
23    any investigation for the Commission.
24        (8) Persons employed by a financial institution as a
25    security guard for the protection of other employees and
26    property related to such financial institution, while

 

 

SB3128- 20 -LRB102 22405 RLC 31545 b

1    actually engaged in the performance of their duties,
2    commuting between their homes and places of employment, or
3    traveling between sites or properties owned or operated by
4    such financial institution, and who, as a security guard,
5    is a member of a security force registered with the
6    Department; provided that any person so employed has
7    successfully completed a course of study, approved by and
8    supervised by the Department of Financial and Professional
9    Regulation, consisting of not less than 40 hours of
10    training which includes theory of law enforcement,
11    liability for acts, and the handling of weapons. A person
12    shall be considered to be eligible for this exemption if
13    he or she has completed the required 20 hours of training
14    for a security officer and 20 hours of required firearm
15    training, and has been issued a firearm control card by
16    the Department of Financial and Professional Regulation.
17    Conditions for renewal of firearm control cards issued
18    under the provisions of this Section shall be the same as
19    for those issued under the provisions of the Private
20    Detective, Private Alarm, Private Security, Fingerprint
21    Vendor, and Locksmith Act of 2004. The firearm control
22    card shall be carried by the security guard at all times
23    when he or she is in possession of a concealable weapon
24    permitted by his or her firearm control card. For purposes
25    of this subsection, "financial institution" means a bank,
26    savings and loan association, credit union or company

 

 

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1    providing armored car services.
2        (9) Any person employed by an armored car company to
3    drive an armored car, while actually engaged in the
4    performance of his duties.
5        (10) Persons who have been classified as peace
6    officers pursuant to the Peace Officer Fire Investigation
7    Act.
8        (11) Investigators of the Office of the State's
9    Attorneys Appellate Prosecutor authorized by the board of
10    governors of the Office of the State's Attorneys Appellate
11    Prosecutor to carry weapons pursuant to Section 7.06 of
12    the State's Attorneys Appellate Prosecutor's Act.
13        (12) Special investigators appointed by a State's
14    Attorney under Section 3-9005 of the Counties Code.
15        (12.5) Probation officers while in the performance of
16    their duties, or while commuting between their homes,
17    places of employment or specific locations that are part
18    of their assigned duties, with the consent of the chief
19    judge of the circuit for which they are employed, if they
20    have received weapons training according to requirements
21    of the Peace Officer and Probation Officer Firearm
22    Training Act.
23        (13) Court Security Officers while in the performance
24    of their official duties, or while commuting between their
25    homes and places of employment, with the consent of the
26    Sheriff.

 

 

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1        (13.5) A person employed as an armed security guard at
2    a nuclear energy, storage, weapons or development site or
3    facility regulated by the Nuclear Regulatory Commission
4    who has completed the background screening and training
5    mandated by the rules and regulations of the Nuclear
6    Regulatory Commission.
7        (14) Manufacture, transportation, or sale of weapons
8    to persons authorized under subdivisions (1) through
9    (13.5) of this subsection to possess those weapons.
10    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
11to or affect any person carrying a concealed pistol, revolver,
12or handgun and the person has been issued a currently valid
13license under the Firearm Concealed Carry Act at the time of
14the commission of the offense.
15     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
16to or affect a qualified current or retired law enforcement
17officer qualified under the laws of this State or under the
18federal Law Enforcement Officers Safety Act.
19    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any of the following:
21        (1) Members of any club or organization organized for
22    the purpose of practicing shooting at targets upon
23    established target ranges, whether public or private, and
24    patrons of such ranges, while such members or patrons are
25    using their firearms on those target ranges.
26        (2) Duly authorized military or civil organizations

 

 

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1    while parading, with the special permission of the
2    Governor.
3        (3) Hunters, trappers or fishermen with a license or
4    permit while engaged in hunting, trapping or fishing.
5        (4) Transportation of weapons that are broken down in
6    a non-functioning state or are not immediately accessible.
7        (5) Carrying or possessing any pistol, revolver, stun
8    gun or taser or other firearm on the land or in the legal
9    dwelling of another person as an invitee with that
10    person's permission.
11    (c) Subsection 24-1(a)(7) does not apply to or affect any
12of the following:
13        (1) Peace officers while in performance of their
14    official duties.
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 duty.
21        (4) Manufacture, transportation, or sale of machine
22    guns to persons authorized under subdivisions (1) through
23    (3) of this subsection to possess machine guns, if the
24    machine guns are broken down in a non-functioning state or
25    are not immediately accessible.
26        (5) Persons licensed under federal law to manufacture

 

 

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

 

 

SB3128- 25 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 26 -LRB102 22405 RLC 31545 b

1    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
2Section 24-1.6 do not apply to members of any club or
3organization organized for the purpose of practicing shooting
4at targets upon established target ranges, whether public or
5private, while using their firearms on those target ranges.
6    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
7to:
8        (1) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard, while in
10    the performance of their official duty.
11        (2) Bonafide collectors of antique or surplus military
12    ordnance.
13        (3) Laboratories having a department of forensic
14    ballistics, or specializing in the development of
15    ammunition or explosive ordnance.
16        (4) Commerce, preparation, assembly or possession of
17    explosive bullets by manufacturers of ammunition licensed
18    by the federal government, in connection with the supply
19    of those organizations and persons exempted by subdivision
20    (g)(1) of this Section, or like organizations and persons
21    outside this State, or the transportation of explosive
22    bullets to any organization or person exempted in this
23    Section by a common carrier or by a vehicle owned or leased
24    by an exempted manufacturer.
25    (g-5) Subsection 24-1(a)(6) does not apply to or affect
26persons licensed under federal law to manufacture any device

 

 

SB3128- 27 -LRB102 22405 RLC 31545 b

1or attachment of any kind designed, used, or intended for use
2in silencing the report of any firearm, firearms, or
3ammunition for those firearms equipped with those devices, and
4actually engaged in the business of manufacturing those
5devices, firearms, or ammunition, but only with respect to
6activities that are within the lawful scope of that business,
7such as the manufacture, transportation, or testing of those
8devices, firearms, or ammunition. This exemption does not
9authorize the general private possession of any device or
10attachment of any kind designed, used, or intended for use in
11silencing the report of any firearm, but only such possession
12and activities as are within the lawful scope of a licensed
13manufacturing business described in this subsection (g-5).
14During transportation, these devices shall be detached from
15any weapon or not immediately accessible.
16    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any parole agent or parole
18supervisor who meets the qualifications and conditions
19prescribed in Section 3-14-1.5 of the Unified Code of
20Corrections.
21    (g-7) Subsection 24-1(a)(6) does not apply to a peace
22officer while serving as a member of a tactical response team
23or special operations team. A peace officer may not personally
24own or apply for ownership of a device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm. These devices shall be owned and

 

 

SB3128- 28 -LRB102 22405 RLC 31545 b

1maintained by lawfully recognized units of government whose
2duties include the investigation of criminal acts.
3    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
5athlete's possession, transport on official Olympic and
6Paralympic transit systems established for athletes, or use of
7competition firearms sanctioned by the International Olympic
8Committee, the International Paralympic Committee, the
9International Shooting Sport Federation, or USA Shooting in
10connection with such athlete's training for and participation
11in shooting competitions at the 2016 Olympic and Paralympic
12Games and sanctioned test events leading up to the 2016
13Olympic and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any
16exemptions contained in this Article. The defendant shall have
17the burden of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm
21consigned to a common carrier operating under license of the
22State of Illinois or the federal government, where such
23transportation, carrying, or possession is incident to the
24lawful transportation in which such common carrier is engaged;
25and nothing in this Article shall prohibit, apply to, or
26affect the transportation, carrying, or possession of any

 

 

SB3128- 29 -LRB102 22405 RLC 31545 b

1pistol, revolver, stun gun, taser, or other firearm, not the
2subject of and regulated by subsection 24-1(a)(7) or
3subsection 24-2(c) of this Article, which is unloaded and
4enclosed in a case, firearm carrying box, shipping box, or
5other container, by the possessor of a valid Firearm Owners
6Identification Card.
7(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
8    (Text of Section after amendment by P.A. 102-152)
9    Sec. 24-2. Exemptions.
10    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
12the following:
13        (1) Peace officers, and any person summoned by a peace
14    officer to assist in making arrests or preserving the
15    peace, while actually engaged in assisting such officer.
16        (2) Wardens, superintendents and keepers of prisons,
17    penitentiaries, jails and other institutions for the
18    detention of persons accused or convicted of an offense,
19    while in the performance of their official duty, or while
20    commuting between their homes and places of employment.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard or the
23    Reserve Officers Training Corps, while in the performance
24    of their official duty.
25        (4) Special agents employed by a railroad or a public

 

 

SB3128- 30 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 31 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 32 -LRB102 22405 RLC 31545 b

1    of training for a security officer and 28 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

SB3128- 33 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 34 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 35 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 36 -LRB102 22405 RLC 31545 b

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

 

 

SB3128- 37 -LRB102 22405 RLC 31545 b

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

 

 

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

 

 

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

 

 

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

 

 

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1exemptions contained in this Article. The defendant shall have
2the burden of proving such an exemption.
3    (i) Nothing in this Article shall prohibit, apply to, or
4affect the transportation, carrying, or possession, of any
5pistol or revolver, stun gun, taser, or other firearm
6consigned to a common carrier operating under license of the
7State of Illinois or the federal government, where such
8transportation, carrying, or possession is incident to the
9lawful transportation in which such common carrier is engaged;
10and nothing in this Article shall prohibit, apply to, or
11affect the transportation, carrying, or possession of any
12pistol, revolver, stun gun, taser, or other firearm, not the
13subject of and regulated by subsection 24-1(a)(7) or
14subsection 24-2(c) of this Article, which is unloaded and
15enclosed in a case, firearm carrying box, shipping box, or
16other container, by the possessor of a valid Firearm Owners
17Identification Card.
18(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
19    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
20    Sec. 36-1. Property subject to forfeiture.
21    (a) Any vessel or watercraft, vehicle, or aircraft is
22subject to forfeiture under this Article if the vessel or
23watercraft, vehicle, or aircraft is used with the knowledge
24and consent of the owner in the commission of or in the attempt
25to commit as defined in Section 8-4 of this Code:

 

 

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1        (1) an offense prohibited by Section 9-1 (first degree
2    murder), Section 9-3 (involuntary manslaughter and
3    reckless homicide), Section 10-2 (aggravated kidnaping),
4    Section 11-1.20 (criminal sexual assault), Section 11-1.30
5    (aggravated criminal sexual assault), Section 11-1.40
6    (predatory criminal sexual assault of a child), subsection
7    (a) of Section 11-1.50 (criminal sexual abuse), subsection
8    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
9    sexual abuse), Section 11-6 (indecent solicitation of a
10    child), Section 11-14.4 (promoting juvenile prostitution
11    except for keeping a place of juvenile prostitution),
12    Section 11-20.1 (child pornography), paragraph (a)(1),
13    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
14    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
15    (aggravated battery), Section 12-7.3 (stalking), Section
16    12-7.4 (aggravated stalking), Section 16-1 (theft if the
17    theft is of precious metal or of scrap metal), subdivision
18    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
19    18-2 (armed robbery), Section 19-1 (burglary), Section
20    19-2 (possession of burglary tools), Section 19-3
21    (residential burglary), Section 20-1 (arson; residential
22    arson; place of worship arson), Section 20-2 (possession
23    of explosives or explosive or incendiary devices),
24    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
25    of weapons), Section 24-1.2 (aggravated discharge of a
26    firearm), Section 24-1.2-5 (aggravated discharge of a

 

 

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1    machine gun or a firearm equipped with a device designed
2    or used for silencing the report of a firearm), Section
3    24-1.5 (reckless discharge of a firearm), Section 28-1
4    (gambling), or Section 29D-15.2 (possession of a deadly
5    substance) of this Code;
6        (2) an offense prohibited by Section 21, 22, 23, 24 or
7    26 of the Cigarette Tax Act if the vessel or watercraft,
8    vehicle, or aircraft contains more than 10 cartons of such
9    cigarettes;
10        (3) an offense prohibited by Section 28, 29, or 30 of
11    the Cigarette Use Tax Act if the vessel or watercraft,
12    vehicle, or aircraft contains more than 10 cartons of such
13    cigarettes;
14        (4) an offense prohibited by Section 44 of the
15    Environmental Protection Act;
16        (5) an offense prohibited by Section 11-204.1 of the
17    Illinois Vehicle Code (aggravated fleeing or attempting to
18    elude a peace officer);
19        (6) an offense prohibited by Section 11-501 of the
20    Illinois Vehicle Code (driving while under the influence
21    of alcohol or other drug or drugs, intoxicating compound
22    or compounds or any combination thereof) or a similar
23    provision of a local ordinance, and:
24            (A) during a period in which his or her driving
25        privileges are revoked or suspended if the revocation
26        or suspension was for:

 

 

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1                (i) Section 11-501 (driving under the
2            influence of alcohol or other drug or drugs,
3            intoxicating compound or compounds or any
4            combination thereof),
5                (ii) Section 11-501.1 (statutory summary
6            suspension or revocation),
7                (iii) paragraph (b) of Section 11-401 (motor
8            vehicle accidents involving death or personal
9            injuries), or
10                (iv) reckless homicide as defined in Section
11            9-3 of this Code;
12            (B) has been previously convicted of reckless
13        homicide or a similar provision of a law of another
14        state relating to reckless homicide in which the
15        person was determined to have been under the influence
16        of alcohol, other drug or drugs, or intoxicating
17        compound or compounds as an element of the offense or
18        the person has previously been convicted of committing
19        a violation of driving under the influence of alcohol
20        or other drug or drugs, intoxicating compound or
21        compounds or any combination thereof and was involved
22        in a motor vehicle accident that resulted in death,
23        great bodily harm, or permanent disability or
24        disfigurement to another, when the violation was a
25        proximate cause of the death or injuries;
26            (C) the person committed a violation of driving

 

 

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1        under the influence of alcohol or other drug or drugs,
2        intoxicating compound or compounds or any combination
3        thereof under Section 11-501 of the Illinois Vehicle
4        Code or a similar provision for the third or
5        subsequent time;
6            (D) he or she did not possess a valid driver's
7        license or permit or a valid restricted driving permit
8        or a valid judicial driving permit or a valid
9        monitoring device driving permit; or
10            (E) he or she knew or should have known that the
11        vehicle he or she was driving was not covered by a
12        liability insurance policy;
13        (7) an offense described in subsection (g) of Section
14    6-303 of the Illinois Vehicle Code;
15        (8) an offense described in subsection (e) of Section
16    6-101 of the Illinois Vehicle Code; or
17        (9)(A) operating a watercraft under the influence of
18    alcohol, other drug or drugs, intoxicating compound or
19    compounds, or combination thereof under Section 5-16 of
20    the Boat Registration and Safety Act during a period in
21    which his or her privileges to operate a watercraft are
22    revoked or suspended and the revocation or suspension was
23    for operating a watercraft under the influence of alcohol,
24    other drug or drugs, intoxicating compound or compounds,
25    or combination thereof; (B) operating a watercraft under
26    the influence of alcohol, other drug or drugs,

 

 

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1    intoxicating compound or compounds, or combination thereof
2    and has been previously convicted of reckless homicide or
3    a similar provision of a law in another state relating to
4    reckless homicide in which the person was determined to
5    have been under the influence of alcohol, other drug or
6    drugs, intoxicating compound or compounds, or combination
7    thereof as an element of the offense or the person has
8    previously been convicted of committing a violation of
9    operating a watercraft under the influence of alcohol,
10    other drug or drugs, intoxicating compound or compounds,
11    or combination thereof and was involved in an accident
12    that resulted in death, great bodily harm, or permanent
13    disability or disfigurement to another, when the violation
14    was a proximate cause of the death or injuries; or (C) the
15    person committed a violation of operating a watercraft
16    under the influence of alcohol, other drug or drugs,
17    intoxicating compound or compounds, or combination thereof
18    under Section 5-16 of the Boat Registration and Safety Act
19    or a similar provision for the third or subsequent time.
20    (b) In addition, any mobile or portable equipment used in
21the commission of an act which is in violation of Section 7g of
22the Metropolitan Water Reclamation District Act shall be
23subject to seizure and forfeiture under the same procedures
24provided in this Article for the seizure and forfeiture of
25vessels or watercraft, vehicles, and aircraft, and any such
26equipment shall be deemed a vessel or watercraft, vehicle, or

 

 

SB3128- 47 -LRB102 22405 RLC 31545 b

1aircraft for purposes of this Article.
2    (c) In addition, when a person discharges a firearm at
3another individual from a vehicle with the knowledge and
4consent of the owner of the vehicle and with the intent to
5cause death or great bodily harm to that individual and as a
6result causes death or great bodily harm to that individual,
7the vehicle shall be subject to seizure and forfeiture under
8the same procedures provided in this Article for the seizure
9and forfeiture of vehicles used in violations of clauses (1),
10(2), (3), or (4) of subsection (a) of this Section.
11    (d) If the spouse of the owner of a vehicle seized for an
12offense described in subsection (g) of Section 6-303 of the
13Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
14(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1511-501 of the Illinois Vehicle Code, or Section 9-3 of this
16Code makes a showing that the seized vehicle is the only source
17of transportation and it is determined that the financial
18hardship to the family as a result of the seizure outweighs the
19benefit to the State from the seizure, the vehicle may be
20forfeited to the spouse or family member and the title to the
21vehicle shall be transferred to the spouse or family member
22who is properly licensed and who requires the use of the
23vehicle for employment or family transportation purposes. A
24written declaration of forfeiture of a vehicle under this
25Section shall be sufficient cause for the title to be
26transferred to the spouse or family member. The provisions of

 

 

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1this paragraph shall apply only to one forfeiture per vehicle.
2If the vehicle is the subject of a subsequent forfeiture
3proceeding by virtue of a subsequent conviction of either
4spouse or the family member, the spouse or family member to
5whom the vehicle was forfeited under the first forfeiture
6proceeding may not utilize the provisions of this paragraph in
7another forfeiture proceeding. If the owner of the vehicle
8seized owns more than one vehicle, the procedure set out in
9this paragraph may be used for only one vehicle.
10    (e) In addition, property subject to forfeiture under
11Section 40 of the Illinois Streetgang Terrorism Omnibus
12Prevention Act may be seized and forfeited under this Article.
13(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
14    Section 10. The Code of Criminal Procedure of 1963 is
15amended by changing Section 110-6.1 as follows:
 
16    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 110-6.1. Denial of bail in non-probationable felony
19offenses.
20    (a) Upon verified petition by the State, the court shall
21hold a hearing to determine whether bail should be denied to a
22defendant who is charged with a felony offense for which a
23sentence of imprisonment, without probation, periodic
24imprisonment or conditional discharge, is required by law upon

 

 

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1conviction, when it is alleged that the defendant's admission
2to bail poses a real and present threat to the physical safety
3of any person or persons.
4        (1) A petition may be filed without prior notice to
5    the defendant at the first appearance before a judge, or
6    within the 21 calendar days, except as provided in Section
7    110-6, after arrest and release of the defendant upon
8    reasonable notice to defendant; provided that while such
9    petition is pending before the court, the defendant if
10    previously released shall not be detained.
11        (2) The hearing shall be held immediately upon the
12    defendant's appearance before the court, unless for good
13    cause shown the defendant or the State seeks a
14    continuance. A continuance on motion of the defendant may
15    not exceed 5 calendar days, and a continuance on the
16    motion of the State may not exceed 3 calendar days. The
17    defendant may be held in custody during such continuance.
18    (b) The court may deny bail to the defendant where, after
19the hearing, it is determined that:
20        (1) the proof is evident or the presumption great that
21    the defendant has committed an offense for which a
22    sentence of imprisonment, without probation, periodic
23    imprisonment or conditional discharge, must be imposed by
24    law as a consequence of conviction, and
25        (2) the defendant poses a real and present threat to
26    the physical safety of any person or persons, by conduct

 

 

SB3128- 50 -LRB102 22405 RLC 31545 b

1    which may include, but is not limited to, a forcible
2    felony, the obstruction of justice, intimidation, injury,
3    physical harm, an offense under the Illinois Controlled
4    Substances Act which is a Class X felony, or an offense
5    under the Methamphetamine Control and Community Protection
6    Act which is a Class X felony, and
7        (3) the court finds that no condition or combination
8    of conditions set forth in subsection (b) of Section
9    110-10 of this Article, can reasonably assure the physical
10    safety of any other person or persons.
11    (c) Conduct of the hearings.
12        (1) The hearing on the defendant's culpability and
13    dangerousness shall be conducted in accordance with the
14    following provisions:
15            (A) Information used by the court in its findings
16        or stated in or offered at such hearing may be by way
17        of proffer based upon reliable information offered by
18        the State or by defendant. Defendant has the right to
19        be represented by counsel, and if he is indigent, to
20        have counsel appointed for him. Defendant shall have
21        the opportunity to testify, to present witnesses in
22        his own behalf, and to cross-examine witnesses if any
23        are called by the State. The defendant has the right to
24        present witnesses in his favor. When the ends of
25        justice so require, the court may exercises its
26        discretion and compel the appearance of a complaining

 

 

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1        witness. The court shall state on the record reasons
2        for granting a defense request to compel the presence
3        of a complaining witness. Cross-examination of a
4        complaining witness at the pretrial detention hearing
5        for the purpose of impeaching the witness' credibility
6        is insufficient reason to compel the presence of the
7        witness. In deciding whether to compel the appearance
8        of a complaining witness, the court shall be
9        considerate of the emotional and physical well-being
10        of the witness. The pre-trial detention hearing is not
11        to be used for purposes of discovery, and the post
12        arraignment rules of discovery do not apply. The State
13        shall tender to the defendant, prior to the hearing,
14        copies of defendant's criminal history, if any, if
15        available, and any written or recorded statements and
16        the substance of any oral statements made by any
17        person, if relied upon by the State in its petition.
18        The rules concerning the admissibility of evidence in
19        criminal trials do not apply to the presentation and
20        consideration of information at the hearing. At the
21        trial concerning the offense for which the hearing was
22        conducted neither the finding of the court nor any
23        transcript or other record of the hearing shall be
24        admissible in the State's case in chief, but shall be
25        admissible for impeachment, or as provided in Section
26        115-10.1 of this Code, or in a perjury proceeding.

 

 

SB3128- 52 -LRB102 22405 RLC 31545 b

1            (B) A motion by the defendant to suppress evidence
2        or to suppress a confession shall not be entertained.
3        Evidence that proof may have been obtained as the
4        result of an unlawful search and seizure or through
5        improper interrogation is not relevant to this state
6        of the prosecution.
7        (2) The facts relied upon by the court to support a
8    finding that the defendant poses a real and present threat
9    to the physical safety of any person or persons shall be
10    supported by clear and convincing evidence presented by
11    the State.
12    (d) Factors to be considered in making a determination of
13dangerousness. The court may, in determining whether the
14defendant poses a real and present threat to the physical
15safety of any person or persons, consider but shall not be
16limited to evidence or testimony concerning:
17        (1) The nature and circumstances of any offense
18    charged, including whether the offense is a crime of
19    violence, involving a weapon.
20        (2) The history and characteristics of the defendant
21    including:
22            (A) Any evidence of the defendant's prior criminal
23        history indicative of violent, abusive or assaultive
24        behavior, or lack of such behavior. Such evidence may
25        include testimony or documents received in juvenile
26        proceedings, criminal, quasi-criminal, civil

 

 

SB3128- 53 -LRB102 22405 RLC 31545 b

1        commitment, domestic relations or other proceedings.
2            (B) Any evidence of the defendant's psychological,
3        psychiatric or other similar social history which
4        tends to indicate a violent, abusive, or assaultive
5        nature, or lack of any such history.
6        (3) The identity of any person or persons to whose
7    safety the defendant is believed to pose a threat, and the
8    nature of the threat;
9        (4) Any statements made by, or attributed to the
10    defendant, together with the circumstances surrounding
11    them;
12        (5) The age and physical condition of any person
13    assaulted by the defendant;
14        (6) Whether the defendant is known to possess or have
15    access to any weapon or weapons;
16        (7) Whether, at the time of the current offense or any
17    other offense or arrest, the defendant was on probation,
18    parole, aftercare release, mandatory supervised release or
19    other release from custody pending trial, sentencing,
20    appeal or completion of sentence for an offense under
21    federal or state law;
22        (8) Any other factors, including those listed in
23    Section 110-5 of this Article deemed by the court to have a
24    reasonable bearing upon the defendant's propensity or
25    reputation for violent, abusive or assaultive behavior, or
26    lack of such behavior.

 

 

SB3128- 54 -LRB102 22405 RLC 31545 b

1    (e) Detention order. The court shall, in any order for
2detention:
3        (1) briefly summarize the evidence of the defendant's
4    culpability and its reasons for concluding that the
5    defendant should be held without bail;
6        (2) direct that the defendant be committed to the
7    custody of the sheriff for confinement in the county jail
8    pending trial;
9        (3) direct that the defendant be given a reasonable
10    opportunity for private consultation with counsel, and for
11    communication with others of his choice by visitation,
12    mail and telephone; and
13        (4) direct that the sheriff deliver the defendant as
14    required for appearances in connection with court
15    proceedings.
16    (f) If the court enters an order for the detention of the
17defendant pursuant to subsection (e) of this Section, the
18defendant shall be brought to trial on the offense for which he
19is detained within 90 days after the date on which the order
20for detention was entered. If the defendant is not brought to
21trial within the 90 day period required by the preceding
22sentence, he shall not be held longer without bail. In
23computing the 90 day period, the court shall omit any period of
24delay resulting from a continuance granted at the request of
25the defendant.
26    (g) Rights of the defendant. Any person shall be entitled

 

 

SB3128- 55 -LRB102 22405 RLC 31545 b

1to appeal any order entered under this Section denying bail to
2the defendant.
3    (h) The State may appeal any order entered under this
4Section denying any motion for denial of bail.
5    (i) Nothing in this Section shall be construed as
6modifying or limiting in any way the defendant's presumption
7of innocence in further criminal proceedings.
8(Source: P.A. 98-558, eff. 1-1-14.)
 
9    (Text of Section after amendment by P.A. 101-652)
10    Sec. 110-6.1. Denial of pretrial release.
11    (a) Upon verified petition by the State, the court shall
12hold a hearing and may deny a defendant pretrial release only
13if:
14        (1) the defendant is charged with a forcible felony
15    offense for which a sentence of imprisonment, without
16    probation, periodic imprisonment or conditional discharge,
17    is required by law upon conviction, and it is alleged that
18    the defendant's pretrial release poses a specific, real
19    and present threat to any person or the community.;
20        (2) the defendant is charged with stalking or
21    aggravated stalking and it is alleged that the defendant's
22    pre-trial release poses a real and present threat to the
23    physical safety of a victim of the alleged offense, and
24    denial of release is necessary to prevent fulfillment of
25    the threat upon which the charge is based;

 

 

SB3128- 56 -LRB102 22405 RLC 31545 b

1        (3) the victim of abuse was a family or household
2    member as defined by paragraph (6) of Section 103 of the
3    Illinois Domestic Violence Act of 1986, and the person
4    charged, at the time of the alleged offense, was subject
5    to the terms of an order of protection issued under
6    Section 112A-14 of this Code, or Section 214 of the
7    Illinois Domestic Violence Act of 1986 or previously was
8    convicted of a violation of an order of protection under
9    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 or a violent crime if the victim was
11    a family or household member as defined by paragraph (6)
12    of the Illinois Domestic Violence Act of 1986 at the time
13    of the offense or a violation of a substantially similar
14    municipal ordinance or law of this or any other state or
15    the United States if the victim was a family or household
16    member as defined by paragraph (6) of Section 103 of the
17    Illinois Domestic Violence Act of 1986 at the time of the
18    offense, and it is alleged that the defendant's pre-trial
19    release poses a real and present threat to the physical
20    safety of any person or persons;
21        (4) the defendant is charged with domestic battery or
22    aggravated domestic battery under Section 12-3.2 or 12-3.3
23    of the Criminal Code of 2012 and it is alleged that the
24    defendant's pretrial release poses a real and present
25    threat to the physical safety of any person or persons;
26        (5) the defendant is charged with any offense under

 

 

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1    Article 11 of the Criminal Code of 2012, except for
2    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
3    Code of 2012, or similar provisions of the Criminal Code
4    of 1961 and it is alleged that the defendant's pretrial
5    release poses a real and present threat to the physical
6    safety of any person or persons;
7        (6) the defendant is charged with any of these
8    violations under the Criminal Code of 2012 and it is
9    alleged that the defendant's pretrial releases poses a
10    real and present threat to the physical safety of any
11    specifically identifiable person or persons.
12            (A) Section 24-1.2 (aggravated discharge of a
13        firearm);
14            (B) Section 24-2.5 (aggravated discharge of a
15        machine gun or a firearm equipped with a device
16        designed or use for silencing the report of a
17        firearm);
18            (C) Section 24-1.5 (reckless discharge of a
19        firearm);
20            (D) Section 24-1.7 (armed habitual criminal);
21            (E) Section 24-2.2 2 (manufacture, sale or
22        transfer of bullets or shells represented to be armor
23        piercing bullets, dragon's breath shotgun shells, bolo
24        shells or flechette shells);
25            (F) Section 24-3 (unlawful sale or delivery of
26        firearms);

 

 

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1            (G) Section 24-3.3 (unlawful sale or delivery of
2        firearms on the premises of any school);
3            (H) Section 24-34 (unlawful sale of firearms by
4        liquor license);
5            (I) Section 24-3.5 {unlawful purchase of a
6        firearm);
7            (J) Section 24-3A (gunrunning); or
8            (K) Section on 24-3B (firearms trafficking );
9            (L) Section 10-9 (b) (involuntary servitude);
10            (M) Section 10-9 (c) (involuntary sexual servitude
11        of a minor);
12            (N) Section 10-9(d) (trafficking in persons);
13            (O) Non-probationable violations: (i) (unlawful
14        use or possession of weapons by felons or persons in
15        the Custody of the Department of Corrections
16        facilities (Section 24-1.1), (ii) aggravated unlawful
17        use of a weapon (Section 24-1.6, or (iii) aggravated
18        possession of a stolen firearm (Section 24-3.9);
19        (7) the person has a high likelihood of willful flight
20    to avoid prosecution and is charged with:
21            (A) Any felony described in Sections (a)(1)
22        through (a)(5) of this Section; or
23            (B) A felony offense other than a Class 4 offense.
24    (b) If the charged offense is a felony, the Court shall
25hold a hearing pursuant to 109-3 of this Code to determine
26whether there is probable cause the defendant has committed an

 

 

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1offense, unless a grand jury has returned a true bill of
2indictment against the defendant. If there is a finding of no
3probable cause, the defendant shall be released. No such
4finding is necessary if the defendant is charged with a
5misdemeanor.
6    (c) Timing of petition.
7        (1) A petition may be filed without prior notice to
8    the defendant at the first appearance before a judge, or
9    within the 21 calendar days, except as provided in Section
10    110-6, after arrest and release of the defendant upon
11    reasonable notice to defendant; provided that while such
12    petition is pending before the court, the defendant if
13    previously released shall not be detained.
14        (2) (2) Upon filing, the court shall immediately hold
15    a hearing on the petition unless a continuance is
16    requested. If a continuance is requested, the hearing
17    shall be held within 48 hours of the defendant's first
18    appearance if the defendant is charged with a Class X,
19    Class 1, Class 2, or Class 3 felony, and within 24 hours if
20    the defendant is charged with a Class 4 or misdemeanor
21    offense. The Court may deny and or grant the request for
22    continuance. If the court decides to grant the
23    continuance, the Court retains the discretion to detain or
24    release the defendant in the time between the filing of
25    the petition and the hearing.
26    (d) Contents of petition.

 

 

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1        (1) The petition shall be verified by the State and
2    shall state the grounds upon which it contends the
3    defendant should be denied pretrial release, including the
4    identity of the specific person or persons the State
5    believes the defendant poses a danger to.
6        (2) Only one petition may be filed under this Section.
7    (e) Eligibility: All defendants shall be presumed eligible
8for pretrial release, and the State shall bear the burden of
9proving by clear and convincing evidence that:
10        (1) the proof is evident or the presumption great that
11    the defendant has committed an offense listed in
12    paragraphs (1) through (6) of subsection (a), and
13        (2) the defendant poses a real and present threat to
14    the safety of a specific, identifiable person or persons,
15    by conduct which may include, but is not limited to, a
16    forcible felony, the obstruction of justice, intimidation,
17    injury, or abuse as defined by paragraph (1) of Section
18    103 of the Illinois Domestic Violence Act of 1986, and
19        (3) no condition or combination of conditions set
20    forth in subsection (b) of Section 110-10 of this Article
21    can mitigate the real and present threat to the safety of
22    any person or persons or the defendant's willful flight.
23    (f) Conduct of the hearings.
24        (1) Prior to the hearing the State shall tender to the
25    defendant copies of defendant's criminal history
26    available, any written or recorded statements, and the

 

 

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1    substance of any oral statements made by any person, if
2    relied upon by the State in its petition, and any police
3    reports in the State's Attorney's possession at the time
4    of the hearing that are required to be disclosed to the
5    defense under Illinois Supreme Court rules.
6        (2) The State or defendant may present evidence at the
7    hearing by way of proffer based upon reliable information.
8        (3) The defendant has the right to be represented by
9    counsel, and if he or she is indigent, to have counsel
10    appointed for him or her. The defendant shall have the
11    opportunity to testify, to present witnesses on his or her
12    own behalf, and to cross-examine any witnesses that are
13    called by the State.
14        (4) If the defense seeks to call the complaining
15    witness as a witness in its favor, it shall petition the
16    court for permission. When the ends of justice so require,
17    the court may exercise its discretion and compel the
18    appearance of a complaining witness. The court shall state
19    on the record reasons for granting a defense request to
20    compel the presence of a complaining witness. In making a
21    determination under this section, the court shall state on
22    the record the reason for granting a defense request to
23    compel the presence of a complaining witness, and only
24    grant the request if the court finds by clear and
25    convincing evidence that the defendant will be materially
26    prejudiced if the complaining witness does not appear.

 

 

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1    Cross-examination of a complaining witness at the pretrial
2    detention hearing for the purpose of impeaching the
3    witness' credibility is insufficient reason to compel the
4    presence of the witness. In deciding whether to compel the
5    appearance of a complaining witness, the court shall be
6    considerate of the emotional and physical well-being of
7    the witness. The pre-trial detention hearing is not to be
8    used for purposes of discovery, and the post arraignment
9    rules of discovery do not apply.
10        (5) The rules concerning the admissibility of evidence
11    in criminal trials do not apply to the presentation and
12    consideration of information at the hearing. At the trial
13    concerning the offense for which the hearing was conducted
14    neither the finding of the court nor any transcript or
15    other record of the hearing shall be admissible in the
16    State's case in chief, but shall be admissible for
17    impeachment, or as provided in Section 115-10.1 of this
18    Code, or in a perjury proceeding.
19        (6) The defendant may not move to suppress evidence or
20    a confession, however, evidence that proof of the charged
21    crime may have been the result of an unlawful search or
22    seizure, or both, or through improper interrogation, is
23    relevant in assessing the weight of the evidence against
24    the defendant.
25        (7) Decisions regarding release, conditions of release
26    and detention prior trial should be individualized, and no

 

 

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1    single factor or standard should be used exclusively to
2    make a condition or detention decision.
3    (g) Factors to be considered in making a determination of
4dangerousness. The court may, in determining whether the
5defendant poses a specific, imminent threat of serious
6physical harm to an identifiable person or persons, consider
7but shall not be limited to evidence or testimony concerning:
8        (1) The nature and circumstances of any offense
9    charged, including whether the offense is a crime of
10    violence, involving a weapon, or a sex offense.
11        (2) The history and characteristics of the defendant
12    including:
13            (A) Any evidence of the defendant's prior criminal
14        history indicative of violent, abusive or assaultive
15        behavior, or lack of such behavior. Such evidence may
16        include testimony or documents received in juvenile
17        proceedings, criminal, quasi-criminal, civil
18        commitment, domestic relations or other proceedings.
19            (B) Any evidence of the defendant's psychological,
20        psychiatric or other similar social history which
21        tends to indicate a violent, abusive, or assaultive
22        nature, or lack of any such history.
23        (3) The identity of any person or persons to whose
24    safety the defendant is believed to pose a threat, and the
25    nature of the threat;
26        (4) Any statements made by, or attributed to the

 

 

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1    defendant, together with the circumstances surrounding
2    them;
3        (5) The age and physical condition of the defendant;
4        (6) The age and physical condition of any victim or
5    complaining witness;
6        (7) Whether the defendant is known to possess or have
7    access to any weapon or weapons;
8        (8) Whether, at the time of the current offense or any
9    other offense or arrest, the defendant was on probation,
10    parole, aftercare release, mandatory supervised release or
11    other release from custody pending trial, sentencing,
12    appeal or completion of sentence for an offense under
13    federal or state law;
14        (9) Any other factors, including those listed in
15    Section 110-5 of this Article deemed by the court to have a
16    reasonable bearing upon the defendant's propensity or
17    reputation for violent, abusive or assaultive behavior, or
18    lack of such behavior.
19    (h) Detention order. The court shall, in any order for
20detention:
21        (1) briefly summarize the evidence of the defendant's
22    guilt or innocence, and the court's reasons for concluding
23    that the defendant should be denied pretrial release;
24        (2) direct that the defendant be committed to the
25    custody of the sheriff for confinement in the county jail
26    pending trial;

 

 

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1        (3) direct that the defendant be given a reasonable
2    opportunity for private consultation with counsel, and for
3    communication with others of his or her choice by
4    visitation, mail and telephone; and
5        (4) direct that the sheriff deliver the defendant as
6    required for appearances in connection with court
7    proceedings.
8    (i) Detention. If the court enters an order for the
9detention of the defendant pursuant to subsection (e) of this
10Section, the defendant shall be brought to trial on the
11offense for which he is detained within 90 days after the date
12on which the order for detention was entered. If the defendant
13is not brought to trial within the 90 day period required by
14the preceding sentence, he shall not be denied pretrial
15release. In computing the 90 day period, the court shall omit
16any period of delay resulting from a continuance granted at
17the request of the defendant.
18    (j) Rights of the defendant. Any person shall be entitled
19to appeal any order entered under this Section denying
20pretrial release to the defendant.
21    (k) Appeal. The State may appeal any order entered under
22this Section denying any motion for denial of pretrial
23release.
24    (l) Presumption of innocence. Nothing in this Section
25shall be construed as modifying or limiting in any way the
26defendant's presumption of innocence in further criminal

 

 

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1proceedings.
2    (m) Victim notice.
3        (1) Crime victims shall be given notice by the State's
4    Attorney's office of this hearing as required in paragraph
5    (1) of subsection (b) of Section 4.5 of the Rights of Crime
6    Victims and Witnesses Act and shall be informed of their
7    opportunity at this hearing to obtain an order of
8    protection under Article 112A of this Code.
9(Source: P.A. 101-652, eff. 1-1-23.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.