Illinois General Assembly - Full Text of HB2882
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Full Text of HB2882  102nd General Assembly

HB2882 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2882

 

Introduced 2/19/2021, by Rep. Adam Niemerg

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2  from Ch. 102, par. 42
5 ILCS 140/7.5
15 ILCS 305/13.5 rep.
20 ILCS 2605/2605-300  was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595
30 ILCS 105/6z-99
235 ILCS 5/10-1  from Ch. 43, par. 183
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1
430 ILCS 66/Act rep.
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2
720 ILCS 5/24-3  from Ch. 38, par. 24-3
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1

    Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.


LRB102 12391 RLC 17728 b

 

 

A BILL FOR

 

HB2882LRB102 12391 RLC 17728 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 Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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

 

 

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

 

 

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

 

 

HB2882- 5 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 6 -LRB102 12391 RLC 17728 b

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

 

 

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

 

 

HB2882- 8 -LRB102 12391 RLC 17728 b

1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct

 

 

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1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
4challenges.
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other
8information that will inform the public of the business being
9conducted.
10(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
11100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
128-23-19; revised 9-27-19.)
 
13    Section 10. The Freedom of Information Act is amended by
14changing Section 7.5 as follows:
 
15    (5 ILCS 140/7.5)
16    Sec. 7.5. Statutory exemptions. To the extent provided for
17by the statutes referenced below, the following shall be
18exempt from inspection and copying:
19        (a) All information determined to be confidential
20    under Section 4002 of the Technology Advancement and
21    Development Act.
22        (b) Library circulation and order records identifying
23    library users with specific materials under the Library
24    Records Confidentiality Act.

 

 

HB2882- 10 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 11 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 12 -LRB102 12391 RLC 17728 b

1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Regional Transportation Authority under Section 2.11 of
8    the Regional Transportation Authority Act or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act.
11        (q) Information prohibited from being disclosed by the
12    Personnel Record Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) All identified or deidentified health information
18    in the form of health data or medical records contained
19    in, stored in, submitted to, transferred by, or released
20    from the Illinois Health Information Exchange, and
21    identified or deidentified health information in the form
22    of health data and medical records of the Illinois Health
23    Information Exchange in the possession of the Illinois
24    Health Information Exchange Authority due to its
25    administration of the Illinois Health Information
26    Exchange. The terms "identified" and "deidentified" shall

 

 

HB2882- 13 -LRB102 12391 RLC 17728 b

1    be given the same meaning as in the Health Insurance
2    Portability and Accountability Act of 1996, Public Law
3    104-191, or any subsequent amendments thereto, and any
4    regulations promulgated thereunder.
5        (u) Records and information provided to an independent
6    team of experts under the Developmental Disability and
7    Mental Health Safety Act (also known as Brian's Law).
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed
15    Carry Licensing Review Board under the Firearm Concealed
16    Carry Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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

 

 

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

 

 

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

 

 

HB2882- 17 -LRB102 12391 RLC 17728 b

1        (aaa) (qq) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
58-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
6eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
7100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
86-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
9eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
10101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
111-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
121-6-20.)
 
13    (15 ILCS 305/13.5 rep.)
14    Section 15. The Secretary of State Act is amended by
15repealing Section 13.5.
 
16    Section 20. The Department of State Police Law of the
17Civil Administrative Code of Illinois is amended by changing
18Sections 2605-300 and 2605-595 as follows:
 
19    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
20    Sec. 2605-300. Records; crime laboratories; personnel. To
21do the following:
22        (1) Be a central repository and custodian of criminal
23    statistics for the State.

 

 

HB2882- 18 -LRB102 12391 RLC 17728 b

1        (2) Be a central repository for criminal history
2    record information.
3        (3) Procure and file for record information that is
4    necessary and helpful to plan programs of crime
5    prevention, law enforcement, and criminal justice.
6        (4) Procure and file for record copies of fingerprints
7    that may be required by law.
8        (5) Establish general and field crime laboratories.
9        (6) Register and file for record information that may
10    be required by law for the issuance of firearm owner's
11    identification cards under the Firearm Owners
12    Identification Card Act and concealed carry licenses under
13    the Firearm Concealed Carry Act.
14        (7) Employ laboratory technicians and other specially
15    qualified persons to aid in the identification of criminal
16    activity, and may employ polygraph operators.
17        (8) Undertake other identification, information,
18    laboratory, statistical, or registration activities that
19    may be required by law.
20(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
21    (20 ILCS 2605/2605-595)
22    Sec. 2605-595. State Police Firearm Services Fund.
23    (a) There is created in the State treasury a special fund
24known as the State Police Firearm Services Fund. The Fund
25shall receive revenue under the Firearm Concealed Carry Act

 

 

HB2882- 19 -LRB102 12391 RLC 17728 b

1and Section 5 of the Firearm Owners Identification Card Act.
2The Fund may also receive revenue from grants, pass-through
3grants, donations, appropriations, and any other legal source.
4    (b) The Department of State Police may use moneys in the
5Fund to finance any of its lawful purposes, mandates,
6functions, and duties under the Firearm Owners Identification
7Card Act and the Firearm Concealed Carry Act, including the
8cost of sending notices of expiration of Firearm Owner's
9Identification Cards, concealed carry licenses, the prompt and
10efficient processing of applications under the Firearm Owners
11Identification Card Act and the Firearm Concealed Carry Act,
12the improved efficiency and reporting of the LEADS and federal
13NICS law enforcement data systems, and support for
14investigations required under that Act these Acts and law. Any
15surplus funds beyond what is needed to comply with the
16aforementioned purposes shall be used by the Department to
17improve the Law Enforcement Agencies Data System (LEADS) and
18criminal history background check system.
19    (c) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
23    Section 25. The State Finance Act is amended by changing
24Section 6z-99 as follows:
 

 

 

HB2882- 20 -LRB102 12391 RLC 17728 b

1    (30 ILCS 105/6z-99)
2    Sec. 6z-99. The Mental Health Reporting Fund.
3    (a) There is created in the State treasury a special fund
4known as the Mental Health Reporting Fund. The Fund shall
5receive revenue under the Firearm Concealed Carry Act. The
6Fund may also receive revenue from grants, pass-through
7grants, donations, appropriations, and any other legal source.
8    (b) The Department of State Police and Department of Human
9Services shall coordinate to use moneys in the Fund to finance
10their respective duties of collecting and reporting data on
11mental health records and ensuring that mental health firearm
12possession prohibitors are enforced as set forth under the
13Firearm Concealed Carry Act and the Firearm Owners
14Identification Card Act. Any surplus in the Fund beyond what
15is necessary to ensure compliance with mental health reporting
16under that Act these Acts shall be used by the Department of
17Human Services for mental health treatment programs.
18    (c) Investment income that is attributable to the
19investment of moneys in the Fund shall be retained in the Fund
20for the uses specified in this Section.
21(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
22    Section 30. The Liquor Control Act of 1934 is amended by
23changing Section 10-1 as follows:
 
24    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)

 

 

HB2882- 21 -LRB102 12391 RLC 17728 b

1    Sec. 10-1. Violations; penalties. Whereas a substantial
2threat to the sound and careful control, regulation, and
3taxation of the manufacture, sale, and distribution of
4alcoholic liquors exists by virtue of individuals who
5manufacture, import, distribute, or sell alcoholic liquors
6within the State without having first obtained a valid license
7to do so, and whereas such threat is especially serious along
8the borders of this State, and whereas such threat requires
9immediate correction by this Act, by active investigation and
10prosecution by the State Commission, law enforcement
11officials, and prosecutors, and by prompt and strict
12enforcement through the courts of this State to punish
13violators and to deter such conduct in the future:
14    (a) Any person who manufactures, imports for distribution
15or use, transports from outside this State into this State, or
16distributes or sells 108 liters (28.53 gallons) or more of
17wine, 45 liters (11.88 gallons) or more of distilled spirits,
18or 118 liters (31.17 gallons) or more of beer at any place
19within the State without having first obtained a valid license
20to do so under the provisions of this Act shall be guilty of a
21Class 4 felony for each offense. However, any person who was
22duly licensed under this Act and whose license expired within
2330 days prior to a violation shall be guilty of a business
24offense and fined not more than $1,000 for the first such
25offense and shall be guilty of a Class 4 felony for each
26subsequent offense.

 

 

HB2882- 22 -LRB102 12391 RLC 17728 b

1    Any person who manufactures, imports for distribution,
2transports from outside this State into this State for sale or
3resale in this State, or distributes or sells less than 108
4liters (28.53 gallons) of wine, less than 45 liters (11.88
5gallons) of distilled spirits, or less than 118 liters (31.17
6gallons) of beer at any place within the State without having
7first obtained a valid license to do so under the provisions of
8this Act shall be guilty of a business offense and fined not
9more than $1,000 for the first such offense and shall be guilty
10of a Class 4 felony for each subsequent offense. This
11subsection does not apply to a motor carrier or freight
12forwarder, as defined in Section 13102 of Title 49 of the
13United States Code, an air carrier, as defined in Section
1440102 of Title 49 of the United States Code, or a rail carrier,
15as defined in Section 10102 of Title 49 of the United States
16Code.
17    Any person who: (1) has been issued an initial cease and
18desist notice from the State Commission; and (2) for
19compensation, does any of the following: (i) ships alcoholic
20liquor into this State without a license authorized by Section
215-1 issued by the State Commission or in violation of that
22license; or (ii) manufactures, imports for distribution,
23transports from outside this State into this State for sale or
24resale in this State, or distributes or sells alcoholic
25liquors at any place without having first obtained a valid
26license to do so is guilty of a Class 4 felony for each

 

 

HB2882- 23 -LRB102 12391 RLC 17728 b

1offense.
2    (b) (1) Any retailer, caterer retailer, brew pub, special
3event retailer, special use permit holder, homebrewer special
4event permit holder, or craft distiller tasting permit holder
5who knowingly causes alcoholic liquors to be imported directly
6into the State of Illinois from outside of the State for the
7purpose of furnishing, giving, or selling to another, except
8when having received the product from a duly licensed
9distributor or importing distributor, shall have his license
10suspended for 30 days for the first offense and for the second
11offense, shall have his license revoked by the Commission.
12    (2) In the event the State Commission receives a certified
13copy of a final order from a foreign jurisdiction that an
14Illinois retail licensee has been found to have violated that
15foreign jurisdiction's laws, rules, or regulations concerning
16the importation of alcoholic liquor into that foreign
17jurisdiction, the violation may be grounds for the State
18Commission to revoke, suspend, or refuse to issue or renew a
19license, to impose a fine, or to take any additional action
20provided by this Act with respect to the Illinois retail
21license or licensee. Any such action on the part of the State
22Commission shall be in accordance with this Act and
23implementing rules.
24    For the purposes of paragraph (2): (i) "foreign
25jurisdiction" means a state, territory, or possession of the
26United States, the District of Columbia, or the Commonwealth

 

 

HB2882- 24 -LRB102 12391 RLC 17728 b

1of Puerto Rico, and (ii) "final order" means an order or
2judgment of a court or administrative body that determines the
3rights of the parties respecting the subject matter of the
4proceeding, that remains in full force and effect, and from
5which no appeal can be taken.
6    (c) Any person who shall make any false statement or
7otherwise violates any of the provisions of this Act in
8obtaining any license hereunder, or who having obtained a
9license hereunder shall violate any of the provisions of this
10Act with respect to the manufacture, possession, distribution
11or sale of alcoholic liquor, or with respect to the
12maintenance of the licensed premises, or shall violate any
13other provision of this Act, shall for a first offense be
14guilty of a petty offense and fined not more than $500, and for
15a second or subsequent offense shall be guilty of a Class B
16misdemeanor.
17    (c-5) (Blank). Any owner of an establishment that serves
18alcohol on its premises, if more than 50% of the
19establishment's gross receipts within the prior 3 months is
20from the sale of alcohol, who knowingly fails to prohibit
21concealed firearms on its premises or who knowingly makes a
22false statement or record to avoid the prohibition of
23concealed firearms on its premises under the Firearm Concealed
24Carry Act shall be guilty of a business offense with a fine up
25to $5,000.
26    (d) Each day any person engages in business as a

 

 

HB2882- 25 -LRB102 12391 RLC 17728 b

1manufacturer, foreign importer, importing distributor,
2distributor or retailer in violation of the provisions of this
3Act shall constitute a separate offense.
4    (e) Any person, under the age of 21 years who, for the
5purpose of buying, accepting or receiving alcoholic liquor
6from a licensee, represents that he is 21 years of age or over
7shall be guilty of a Class A misdemeanor.
8    (f) In addition to the penalties herein provided, any
9person licensed as a wine-maker in either class who
10manufactures more wine than authorized by his license shall be
11guilty of a business offense and shall be fined $1 for each
12gallon so manufactured.
13    (g) A person shall be exempt from prosecution for a
14violation of this Act if he is a peace officer in the
15enforcement of the criminal laws and such activity is approved
16in writing by one of the following:
17        (1) In all counties, the respective State's Attorney;
18        (2) The Director of State Police under Section
19    2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
20    2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
21    2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
22    2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
23    2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
24    2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
25    2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or
26    2605-550 of the Department of State Police Law (20 ILCS

 

 

HB2882- 26 -LRB102 12391 RLC 17728 b

1    2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,
2    2605/2605-105, 2605/2605-110, 2605/2605-115,
3    2605/2605-120, 2605/2605-130, 2605/2605-140,
4    2605/2605-190, 2605/2605-200, 2605/2605-205,
5    2605/2605-210, 2605/2605-215, 2605/2605-250,
6    2605/2605-275, 2605/2605-300, 2605/2605-305,
7    2605/2605-315, 2605/2605-325, 2605/2605-335,
8    2605/2605-340, 2605/2605-350, 2605/2605-355,
9    2605/2605-360, 2605/2605-365, 2605/2605-375,
10    2605/2605-390, 2605/2605-400, 2605/2605-405,
11    2605/2605-420, 2605/2605-430, 2605/2605-435,
12    2605/2605-500, 2605/2605-525, or 2605/2605-550); or
13        (3) In cities over 1,000,000, the Superintendent of
14    Police.
15(Source: P.A. 101-37, eff. 7-3-19.)
 
16    Section 35. The Firearm Owners Identification Card Act is
17amended by changing Sections 2, 3, and 13.1 as follows:
 
18    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
19    Sec. 2. Firearm Owner's Identification Card required;
20exceptions.
21    (a) (1) No person may acquire or possess any firearm, stun
22gun, or taser within this State without having in his or her
23possession a Firearm Owner's Identification Card previously
24issued in his or her name by the Department of State Police

 

 

HB2882- 27 -LRB102 12391 RLC 17728 b

1under the provisions of this Act.
2    (2) No person may acquire or possess firearm ammunition
3within this State without having in his or her possession a
4Firearm Owner's Identification Card previously issued in his
5or her name by the Department of State Police under the
6provisions of this Act.
7    (b) The provisions of this Section regarding the
8possession of firearms, firearm ammunition, stun guns, and
9tasers do not apply to:
10        (1) United States Marshals, while engaged in the
11    operation of their official duties;
12        (2) Members of the Armed Forces of the United States
13    or the National Guard, while engaged in the operation of
14    their official duties;
15        (3) Federal officials required to carry firearms,
16    while engaged in the operation of their official duties;
17        (4) Members of bona fide veterans organizations which
18    receive firearms directly from the armed forces of the
19    United States, while using the firearms for ceremonial
20    purposes with blank ammunition;
21        (5) Nonresident hunters during hunting season, with
22    valid nonresident hunting licenses and while in an area
23    where hunting is permitted; however, at all other times
24    and in all other places these persons must have their
25    firearms unloaded and enclosed in a case;
26        (6) Those hunters exempt from obtaining a hunting

 

 

HB2882- 28 -LRB102 12391 RLC 17728 b

1    license who are required to submit their Firearm Owner's
2    Identification Card when hunting on Department of Natural
3    Resources owned or managed sites;
4        (7) Nonresidents while on a firing or shooting range
5    recognized by the Department of State Police; however,
6    these persons must at all other times and in all other
7    places have their firearms unloaded and enclosed in a
8    case;
9        (8) Nonresidents while at a firearm showing or display
10    recognized by the Department of State Police; however, at
11    all other times and in all other places these persons must
12    have their firearms unloaded and enclosed in a case;
13        (9) Nonresidents whose firearms are unloaded and
14    enclosed in a case;
15        (10) Nonresidents who are currently licensed or
16    registered to possess a firearm in their resident state;
17        (11) Unemancipated minors while in the custody and
18    immediate control of their parent or legal guardian or
19    other person in loco parentis to the minor if the parent or
20    legal guardian or other person in loco parentis to the
21    minor has a currently valid Firearm Owner's Identification
22    Card;
23        (12) Color guards of bona fide veterans organizations
24    or members of bona fide American Legion bands while using
25    firearms for ceremonial purposes with blank ammunition;
26        (13) Nonresident hunters whose state of residence does

 

 

HB2882- 29 -LRB102 12391 RLC 17728 b

1    not require them to be licensed or registered to possess a
2    firearm and only during hunting season, with valid hunting
3    licenses, while accompanied by, and using a firearm owned
4    by, a person who possesses a valid Firearm Owner's
5    Identification Card and while in an area within a
6    commercial club licensed under the Wildlife Code where
7    hunting is permitted and controlled, but in no instance
8    upon sites owned or managed by the Department of Natural
9    Resources;
10        (14) Resident hunters who are properly authorized to
11    hunt and, while accompanied by a person who possesses a
12    valid Firearm Owner's Identification Card, hunt in an area
13    within a commercial club licensed under the Wildlife Code
14    where hunting is permitted and controlled;
15        (15) A person who is otherwise eligible to obtain a
16    Firearm Owner's Identification Card under this Act and is
17    under the direct supervision of a holder of a Firearm
18    Owner's Identification Card who is 21 years of age or
19    older while the person is on a firing or shooting range or
20    is a participant in a firearms safety and training course
21    recognized by a law enforcement agency or a national,
22    statewide shooting sports organization; and
23        (16) Competitive shooting athletes whose competition
24    firearms are sanctioned by the International Olympic
25    Committee, the International Paralympic Committee, the
26    International Shooting Sport Federation, or USA Shooting

 

 

HB2882- 30 -LRB102 12391 RLC 17728 b

1    in connection with such athletes' training for and
2    participation in shooting competitions at the 2016 Olympic
3    and Paralympic Games and sanctioned test events leading up
4    to the 2016 Olympic and Paralympic Games.
5    (c) The provisions of this Section regarding the
6acquisition and possession of firearms, firearm ammunition,
7stun guns, and tasers do not apply to law enforcement
8officials of this or any other jurisdiction, while engaged in
9the operation of their official duties.
10    (c-5) (Blank). The provisions of paragraphs (1) and (2) of
11subsection (a) of this Section regarding the possession of
12firearms and firearm ammunition do not apply to the holder of a
13valid concealed carry license issued under the Firearm
14Concealed Carry Act who is in physical possession of the
15concealed carry license.
16    (d) Any person who becomes a resident of this State, who is
17not otherwise prohibited from obtaining, possessing, or using
18a firearm or firearm ammunition, shall not be required to have
19a Firearm Owner's Identification Card to possess firearms or
20firearms ammunition until 60 calendar days after he or she
21obtains an Illinois driver's license or Illinois
22Identification Card.
23(Source: P.A. 99-29, eff. 7-10-15.)
 
24    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
25    Sec. 3. (a) Except as provided in Section 3a, no person may

 

 

HB2882- 31 -LRB102 12391 RLC 17728 b

1knowingly transfer, or cause to be transferred, any firearm,
2firearm ammunition, stun gun, or taser to any person within
3this State unless the transferee with whom he deals displays
4either: (1) a currently valid Firearm Owner's Identification
5Card which has previously been issued in his or her name by the
6Department of State Police under the provisions of this Act;
7or (2) a currently valid license to carry a concealed firearm
8which has previously been issued in his or her name by the
9Department of State Police under the Firearm Concealed Carry
10Act. In addition, all firearm, stun gun, and taser transfers
11by federally licensed firearm dealers are subject to Section
123.1.
13    (a-5) Any person who is not a federally licensed firearm
14dealer and who desires to transfer or sell a firearm while that
15person is on the grounds of a gun show must, before selling or
16transferring the firearm, request the Department of State
17Police to conduct a background check on the prospective
18recipient of the firearm in accordance with Section 3.1.
19    (a-10) Notwithstanding item (2) of subsection (a) of this
20Section, any person who is not a federally licensed firearm
21dealer and who desires to transfer or sell a firearm or
22firearms to any person who is not a federally licensed firearm
23dealer shall, before selling or transferring the firearms,
24contact the Department of State Police with the transferee's
25or purchaser's Firearm Owner's Identification Card number to
26determine the validity of the transferee's or purchaser's

 

 

HB2882- 32 -LRB102 12391 RLC 17728 b

1Firearm Owner's Identification Card. This subsection shall not
2be effective until January 1, 2014. The Department of State
3Police may adopt rules concerning the implementation of this
4subsection. The Department of State Police shall provide the
5seller or transferor an approval number if the purchaser's
6Firearm Owner's Identification Card is valid. Approvals issued
7by the Department for the purchase of a firearm pursuant to
8this subsection are valid for 30 days from the date of issue.
9    (a-15) The provisions of subsection (a-10) of this Section
10do not apply to:
11        (1) transfers that occur at the place of business of a
12    federally licensed firearm dealer, if the federally
13    licensed firearm dealer conducts a background check on the
14    prospective recipient of the firearm in accordance with
15    Section 3.1 of this Act and follows all other applicable
16    federal, State, and local laws as if he or she were the
17    seller or transferor of the firearm, although the dealer
18    is not required to accept the firearm into his or her
19    inventory. The purchaser or transferee may be required by
20    the federally licensed firearm dealer to pay a fee not to
21    exceed $10 per firearm, which the dealer may retain as
22    compensation for performing the functions required under
23    this paragraph, plus the applicable fees authorized by
24    Section 3.1;
25        (2) transfers as a bona fide gift to the transferor's
26    husband, wife, son, daughter, stepson, stepdaughter,

 

 

HB2882- 33 -LRB102 12391 RLC 17728 b

1    father, mother, stepfather, stepmother, brother, sister,
2    nephew, niece, uncle, aunt, grandfather, grandmother,
3    grandson, granddaughter, father-in-law, mother-in-law,
4    son-in-law, or daughter-in-law;
5        (3) transfers by persons acting pursuant to operation
6    of law or a court order;
7        (4) transfers on the grounds of a gun show under
8    subsection (a-5) of this Section;
9        (5) the delivery of a firearm by its owner to a
10    gunsmith for service or repair, the return of the firearm
11    to its owner by the gunsmith, or the delivery of a firearm
12    by a gunsmith to a federally licensed firearms dealer for
13    service or repair and the return of the firearm to the
14    gunsmith;
15        (6) temporary transfers that occur while in the home
16    of the unlicensed transferee, if the unlicensed transferee
17    is not otherwise prohibited from possessing firearms and
18    the unlicensed transferee reasonably believes that
19    possession of the firearm is necessary to prevent imminent
20    death or great bodily harm to the unlicensed transferee;
21        (7) transfers to a law enforcement or corrections
22    agency or a law enforcement or corrections officer acting
23    within the course and scope of his or her official duties;
24        (8) transfers of firearms that have been rendered
25    permanently inoperable to a nonprofit historical society,
26    museum, or institutional collection; and

 

 

HB2882- 34 -LRB102 12391 RLC 17728 b

1        (9) transfers to a person who is exempt from the
2    requirement of possessing a Firearm Owner's Identification
3    Card under Section 2 of this Act.
4    (a-20) The Department of State Police shall develop an
5Internet-based system for individuals to determine the
6validity of a Firearm Owner's Identification Card prior to the
7sale or transfer of a firearm. The Department shall have the
8Internet-based system completed and available for use by July
91, 2015. The Department shall adopt rules not inconsistent
10with this Section to implement this system.
11    (b) Any person within this State who transfers or causes
12to be transferred any firearm, stun gun, or taser shall keep a
13record of such transfer for a period of 10 years from the date
14of transfer. Such record shall contain the date of the
15transfer; the description, serial number or other information
16identifying the firearm, stun gun, or taser if no serial
17number is available; and, if the transfer was completed within
18this State, the transferee's Firearm Owner's Identification
19Card number and any approval number or documentation provided
20by the Department of State Police pursuant to subsection
21(a-10) of this Section; if the transfer was not completed
22within this State, the record shall contain the name and
23address of the transferee. On or after January 1, 2006, the
24record shall contain the date of application for transfer of
25the firearm. On demand of a peace officer such transferor
26shall produce for inspection such record of transfer. If the

 

 

HB2882- 35 -LRB102 12391 RLC 17728 b

1transfer or sale took place at a gun show, the record shall
2include the unique identification number. Failure to record
3the unique identification number or approval number is a petty
4offense. For transfers of a firearm, stun gun, or taser made on
5or after the effective date of this amendatory Act of the 100th
6General Assembly, failure by the private seller to maintain
7the transfer records in accordance with this Section is a
8Class A misdemeanor for the first offense and a Class 4 felony
9for a second or subsequent offense. A transferee shall not be
10criminally liable under this Section provided that he or she
11provides the Department of State Police with the transfer
12records in accordance with procedures established by the
13Department. The Department shall establish, by rule, a
14standard form on its website.
15    (b-5) Any resident may purchase ammunition from a person
16within or outside of Illinois if shipment is by United States
17mail or by a private express carrier authorized by federal law
18to ship ammunition. Any resident purchasing ammunition within
19or outside the State of Illinois must provide the seller with a
20copy of his or her valid Firearm Owner's Identification Card
21or valid concealed carry license and either his or her
22Illinois driver's license or Illinois State Identification
23Card prior to the shipment of the ammunition. The ammunition
24may be shipped only to an address on either of those 2
25documents.
26    (c) The provisions of this Section regarding the transfer

 

 

HB2882- 36 -LRB102 12391 RLC 17728 b

1of firearm ammunition shall not apply to those persons
2specified in paragraph (b) of Section 2 of this Act.
3(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
4    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
5    Sec. 13.1. Preemption.
6    (a) (Blank). Except as otherwise provided in the Firearm
7Concealed Carry Act and subsections (b) and (c) of this
8Section, the provisions of any ordinance enacted by any
9municipality which requires registration or imposes greater
10restrictions or limitations on the acquisition, possession and
11transfer of firearms than are imposed by this Act, are not
12invalidated or affected by this Act.
13    (b) The Notwithstanding subsection (a) of this Section,
14the regulation, licensing, possession, and registration of
15handguns and ammunition for a handgun, and the transportation
16of any firearm and ammunition by a holder of a valid Firearm
17Owner's Identification Card issued by the Department of State
18Police under this Act are exclusive powers and functions of
19this State. Any ordinance or regulation, or portion of that
20ordinance or regulation, enacted on or before the effective
21date of this amendatory Act of the 98th General Assembly that
22purports to impose regulations or restrictions on a holder of
23a valid Firearm Owner's Identification Card issued by the
24Department of State Police under this Act in a manner that is
25inconsistent with this Act, on the effective date of this

 

 

HB2882- 37 -LRB102 12391 RLC 17728 b

1amendatory Act of the 98th General Assembly, shall be invalid
2in its application to a holder of a valid Firearm Owner's
3Identification Card issued by the Department of State Police
4under this Act.
5    (c) Notwithstanding subsection (a) of this Section, the
6regulation of the possession or ownership of assault weapons
7are exclusive powers and functions of this State. Any
8ordinance or regulation, or portion of that ordinance or
9regulation, that purports to regulate the possession or
10ownership of assault weapons in a manner that is inconsistent
11with this Act, shall be invalid unless the ordinance or
12regulation is enacted on, before, or within 10 days after the
13effective date of this amendatory Act of the 98th General
14Assembly. Any ordinance or regulation described in this
15subsection (c) enacted more than 10 days after the effective
16date of this amendatory Act of the 98th General Assembly is
17invalid. An ordinance enacted on, before, or within 10 days
18after the effective date of this amendatory Act of the 98th
19General Assembly may be amended. The enactment or amendment of
20ordinances under this subsection (c) are subject to the
21submission requirements of Section 13.3. For the purposes of
22this subsection, "assault weapons" means firearms designated
23by either make or model or by a test or list of cosmetic
24features that cumulatively would place the firearm into a
25definition of "assault weapon" under the ordinance.
26    (d) For the purposes of this Section, "handgun" means any

 

 

HB2882- 38 -LRB102 12391 RLC 17728 b

1device which is designed to expel a projectile or projectiles
2by the action of an explosion, expansion of gas, or escape of
3gas that is designed to be held and fired by the use of a
4single hand. "Handgun" does not include:
5        (1) a stun gun or taser;
6        (2) a machine gun as defined in item (i) of paragraph
7    (7) of subsection (a) of Section 24-1 of the Criminal Code
8    of 2012;
9        (3) a short-barreled rifle or shotgun as defined in
10    item (ii) of paragraph (7) of subsection (a) of Section
11    24-1 of the Criminal Code of 2012; or
12        (4) any pneumatic gun, spring gun, paint ball gun, or
13    B-B gun which expels a single globular projectile not
14    exceeding .18 inch in diameter, or which has a maximum
15    muzzle velocity of less than 700 feet per second, or which
16    expels breakable paint balls containing washable marking
17    has the meaning ascribed to it in Section 5 of the Firearm
18    Concealed Carry Act.
19    (e) This Section is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    (430 ILCS 66/Act rep.)
24    Section 40. The Firearm Concealed Carry Act is repealed.
 

 

 

HB2882- 39 -LRB102 12391 RLC 17728 b

1    Section 45. The Criminal Code of 2012 is amended by
2changing Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:
 
3    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
4    Sec. 24-1. Unlawful use of weapons.
5    (a) A person commits the offense of unlawful use of
6weapons when he knowingly:
7        (1) Sells, manufactures, purchases, possesses or
8    carries any bludgeon, black-jack, slung-shot, sand-club,
9    sand-bag, metal knuckles or other knuckle weapon
10    regardless of its composition, throwing star, or any
11    knife, commonly referred to as a switchblade knife, which
12    has a blade that opens automatically by hand pressure
13    applied to a button, spring or other device in the handle
14    of the knife, or a ballistic knife, which is a device that
15    propels a knifelike blade as a projectile by means of a
16    coil spring, elastic material or compressed gas; or
17        (2) Carries or possesses with intent to use the same
18    unlawfully against another, a dagger, dirk, billy,
19    dangerous knife, razor, stiletto, broken bottle or other
20    piece of glass, stun gun or taser or any other dangerous or
21    deadly weapon or instrument of like character; or
22        (2.5) Carries or possesses with intent to use the same
23    unlawfully against another, any firearm in a church,
24    synagogue, mosque, or other building, structure, or place
25    used for religious worship; or

 

 

HB2882- 40 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 41 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 42 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 43 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 44 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 45 -LRB102 12391 RLC 17728 b

1subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
2subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
3Class A misdemeanor. A person convicted of a violation of
4subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
5a person convicted of a violation of subsection 24-1(a)(6) or
624-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
7convicted of a violation of subsection 24-1(a)(7)(i) commits a
8Class 2 felony and shall be sentenced to a term of imprisonment
9of not less than 3 years and not more than 7 years, unless the
10weapon is possessed in the passenger compartment of a motor
11vehicle as defined in Section 1-146 of the Illinois Vehicle
12Code, or on the person, while the weapon is loaded, in which
13case it shall be a Class X felony. A person convicted of a
14second or subsequent violation of subsection 24-1(a)(4),
1524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
16felony. A person convicted of a violation of subsection
1724-1(a)(2.5) commits a Class 2 felony. The possession of each
18weapon in violation of this Section constitutes a single and
19separate violation.
20    (c) Violations in specific places.
21        (1) A person who violates subsection 24-1(a)(6) or
22    24-1(a)(7) in any school, regardless of the time of day or
23    the time of year, in residential property owned, operated
24    or managed by a public housing agency or leased by a public
25    housing agency as part of a scattered site or mixed-income
26    development, in a public park, in a courthouse, on the

 

 

HB2882- 46 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 47 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 48 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 49 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 50 -LRB102 12391 RLC 17728 b

1    of this Section prohibiting the sale, manufacture,
2    purchase, possession, or carrying of any knife, commonly
3    referred to as a switchblade knife, which has a blade that
4    opens automatically by hand pressure applied to a button,
5    spring or other device in the handle of the knife, does not
6    apply to a person who possesses a currently valid Firearm
7    Owner's Identification Card previously issued in his or
8    her name by the Department of State Police or to a person
9    or an entity engaged in the business of selling or
10    manufacturing switchblade knives.
11(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
12    (720 ILCS 5/24-1.6)
13    Sec. 24-1.6. Aggravated unlawful use of a weapon.
14    (a) A person commits the offense of aggravated unlawful
15use of a weapon when he or she knowingly:
16        (1) Carries on or about his or her person or in any
17    vehicle or concealed on or about his or her person except
18    when on his or her land or in his or her abode, legal
19    dwelling, or fixed place of business, or on the land or in
20    the legal dwelling of another person as an invitee with
21    that person's permission, any pistol, revolver, stun gun
22    or taser or other firearm; or
23        (2) Carries or possesses on or about his or her
24    person, upon any public street, alley, or other public
25    lands within the corporate limits of a city, village or

 

 

HB2882- 51 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 52 -LRB102 12391 RLC 17728 b

1        offense and the person possessing the pistol,
2        revolver, or handgun has not been issued a currently
3        valid Firearm Owner's Identification Card under the
4        Firearm Owners Identification Card license under the
5        Firearm Concealed Carry Act; or
6            (C) the person possessing the firearm has not been
7        issued a currently valid Firearm Owner's
8        Identification Card; or
9            (D) the person possessing the weapon was
10        previously adjudicated a delinquent minor under the
11        Juvenile Court Act of 1987 for an act that if committed
12        by an adult would be a felony; or
13            (E) the person possessing the weapon was engaged
14        in a misdemeanor violation of the Cannabis Control
15        Act, in a misdemeanor violation of the Illinois
16        Controlled Substances Act, or in a misdemeanor
17        violation of the Methamphetamine Control and Community
18        Protection Act; or
19            (F) (blank); or
20            (G) the person possessing the weapon had an order
21        of protection issued against him or her within the
22        previous 2 years; or
23            (H) the person possessing the weapon was engaged
24        in the commission or attempted commission of a
25        misdemeanor involving the use or threat of violence
26        against the person or property of another; or

 

 

HB2882- 53 -LRB102 12391 RLC 17728 b

1            (I) the person possessing the weapon was under 21
2        years of age and in possession of a handgun, unless the
3        person under 21 is engaged in lawful activities under
4        the Wildlife Code or described in subsection
5        24-2(b)(1), (b)(3), or 24-2(f).
6    (a-5) "Handgun" as used in this Section has the meaning
7given to it in Section 13.1 of the Firearm Owners
8Identification Card Section 5 of the Firearm Concealed Carry
9Act.
10    (b) "Stun gun or taser" as used in this Section has the
11same definition given to it in Section 24-1 of this Code.
12    (c) This Section does not apply to or affect the
13transportation or possession of weapons that:
14        (i) are broken down in a non-functioning state; or
15        (ii) are not immediately accessible; or
16        (iii) are unloaded and enclosed in a case, firearm
17    carrying box, shipping box, or other container by a person
18    who has been issued a currently valid Firearm Owner's
19    Identification Card.
20    (d) Sentence.
21        (1) Aggravated unlawful use of a weapon is a Class 4
22    felony; a second or subsequent offense is a Class 2 felony
23    for which the person shall be sentenced to a term of
24    imprisonment of not less than 3 years and not more than 7
25    years, except as provided for in Section 5-4.5-110 of the
26    Unified Code of Corrections.

 

 

HB2882- 54 -LRB102 12391 RLC 17728 b

1        (2) Except as otherwise provided in paragraphs (3) and
2    (4) of this subsection (d), a first offense of aggravated
3    unlawful use of a weapon committed with a firearm by a
4    person 18 years of age or older where the factors listed in
5    both items (A) and (C) or both items (A-5) and (C) of
6    paragraph (3) of subsection (a) are present is a Class 4
7    felony, for which the person shall be sentenced to a term
8    of imprisonment of not less than one year and not more than
9    3 years.
10        (3) Aggravated unlawful use of a weapon by a person
11    who has been previously convicted of a felony in this
12    State or another jurisdiction is a Class 2 felony for
13    which the person shall be sentenced to a term of
14    imprisonment of not less than 3 years and not more than 7
15    years, except as provided for in Section 5-4.5-110 of the
16    Unified Code of Corrections.
17        (4) Aggravated unlawful use of a weapon while wearing
18    or in possession of body armor as defined in Section 33F-1
19    by a person who has not been issued a valid Firearms
20    Owner's Identification Card in accordance with Section 5
21    of the Firearm Owners Identification Card Act is a Class X
22    felony.
23    (e) The possession of each firearm in violation of this
24Section constitutes a single and separate violation.
25(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 

 

 

HB2882- 55 -LRB102 12391 RLC 17728 b

1    (720 ILCS 5/24-2)
2    Sec. 24-2. Exemptions.
3    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6        (1) Peace officers, and any person summoned by a peace
7    officer to assist in making arrests or preserving the
8    peace, while actually engaged in assisting such officer.
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    while in the performance of their official duty, or while
13    commuting between their homes and places of employment.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard or the
16    Reserve Officers Training Corps, while in the performance
17    of their official duty.
18        (4) Special agents employed by a railroad or a public
19    utility to perform police functions, and guards of armored
20    car companies, while actually engaged in the performance
21    of the duties of their employment or commuting between
22    their homes and places of employment; and watchmen while
23    actually engaged in the performance of the duties of their
24    employment.
25        (5) Persons licensed as private security contractors,
26    private detectives, or private alarm contractors, or

 

 

HB2882- 56 -LRB102 12391 RLC 17728 b

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

 

 

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1    all times when he or she is in possession of a concealable
2    weapon permitted by his or her firearm control card.
3        (6) Any person regularly employed in a commercial or
4    industrial operation as a security guard for the
5    protection of persons employed and private property
6    related to such commercial or industrial operation, while
7    actually engaged in the performance of his or her duty or
8    traveling between sites or properties belonging to the
9    employer, and who, as a security guard, is a member of a
10    security force registered with the Department of Financial
11    and Professional Regulation; provided that such security
12    guard has successfully completed a course of study,
13    approved by and supervised by the Department of Financial
14    and Professional Regulation, consisting of not less than
15    40 hours of training that includes the theory of law
16    enforcement, liability for acts, and the handling of
17    weapons. A person shall be considered eligible for this
18    exemption if he or she has completed the required 20 hours
19    of training for a security officer and 20 hours of
20    required firearm training, and has been issued a firearm
21    control card by the Department of Financial and
22    Professional Regulation. Conditions for the renewal of
23    firearm control cards issued under the provisions of this
24    Section shall be the same as for those cards issued under
25    the provisions of the Private Detective, Private Alarm,
26    Private Security, Fingerprint Vendor, and Locksmith Act of

 

 

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1    2004. The firearm control card shall be carried by the
2    security guard at all times when he or she is in possession
3    of a concealable weapon permitted by his or her firearm
4    control card.
5        (7) Agents and investigators of the Illinois
6    Legislative Investigating Commission authorized by the
7    Commission to carry the weapons specified in subsections
8    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
9    any investigation for the Commission.
10        (8) Persons employed by a financial institution as a
11    security guard for the protection of other employees and
12    property related to such financial institution, while
13    actually engaged in the performance of their duties,
14    commuting between their homes and places of employment, or
15    traveling between sites or properties owned or operated by
16    such financial institution, and who, as a security guard,
17    is a member of a security force registered with the
18    Department; provided that any person so employed has
19    successfully completed a course of study, approved by and
20    supervised by the Department of Financial and Professional
21    Regulation, consisting of not less than 40 hours of
22    training which includes theory of law enforcement,
23    liability for acts, and the handling of weapons. A person
24    shall be considered to be eligible for this exemption if
25    he or she has completed the required 20 hours of training
26    for a security officer and 20 hours of required firearm

 

 

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1    training, and has been issued a firearm control card by
2    the Department of Financial and Professional Regulation.
3    Conditions for renewal of firearm control cards issued
4    under the provisions of this Section shall be the same as
5    for those issued under the provisions of the Private
6    Detective, Private Alarm, Private Security, Fingerprint
7    Vendor, and Locksmith Act of 2004. The firearm control
8    card shall be carried by the security guard at all times
9    when he or she is in possession of a concealable weapon
10    permitted by his or her firearm control card. For purposes
11    of this subsection, "financial institution" means a bank,
12    savings and loan association, credit union or company
13    providing armored car services.
14        (9) Any person employed by an armored car company to
15    drive an armored car, while actually engaged in the
16    performance of his duties.
17        (10) Persons who have been classified as peace
18    officers pursuant to the Peace Officer Fire Investigation
19    Act.
20        (11) Investigators of the Office of the State's
21    Attorneys Appellate Prosecutor authorized by the board of
22    governors of the Office of the State's Attorneys Appellate
23    Prosecutor to carry weapons pursuant to Section 7.06 of
24    the State's Attorneys Appellate Prosecutor's Act.
25        (12) Special investigators appointed by a State's
26    Attorney under Section 3-9005 of the Counties Code.

 

 

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1        (12.5) Probation officers while in the performance of
2    their duties, or while commuting between their homes,
3    places of employment or specific locations that are part
4    of their assigned duties, with the consent of the chief
5    judge of the circuit for which they are employed, if they
6    have received weapons training according to requirements
7    of the Peace Officer and Probation Officer Firearm
8    Training Act.
9        (13) Court Security Officers while in the performance
10    of their official duties, or while commuting between their
11    homes and places of employment, with the consent of the
12    Sheriff.
13        (13.5) A person employed as an armed security guard at
14    a nuclear energy, storage, weapons or development site or
15    facility regulated by the Nuclear Regulatory Commission
16    who has completed the background screening and training
17    mandated by the rules and regulations of the Nuclear
18    Regulatory Commission.
19        (14) Manufacture, transportation, or sale of weapons
20    to persons authorized under subdivisions (1) through
21    (13.5) of this subsection to possess those weapons.
22    (a-5) Subsections 24-1(a)(4)and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any person carrying a
24concealed pistol, revolver, or handgun and the person has been
25issued a currently valid Firearm Owner's Identification Card
26under the Firearm Owners Identification Card license under the

 

 

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1Firearm Concealed Carry Act at the time of the commission of
2the offense.
3     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect a qualified current or retired law enforcement
5officer qualified under the laws of this State or under the
6federal Law Enforcement Officers Safety Act.
7    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
824-1.6 do not apply to or affect any of the following:
9        (1) Members of any club or organization organized for
10    the purpose of practicing shooting at targets upon
11    established target ranges, whether public or private, and
12    patrons of such ranges, while such members or patrons are
13    using their firearms on those target ranges.
14        (2) Duly authorized military or civil organizations
15    while parading, with the special permission of the
16    Governor.
17        (3) Hunters, trappers or fishermen with a license or
18    permit while engaged in hunting, trapping or fishing.
19        (4) Transportation of weapons that are broken down in
20    a non-functioning state or are not immediately accessible.
21        (5) Carrying or possessing any pistol, revolver, stun
22    gun or taser or other firearm on the land or in the legal
23    dwelling of another person as an invitee with that
24    person's permission.
25    (c) Subsection 24-1(a)(7) does not apply to or affect any
26of the following:

 

 

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

 

 

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1    business described in this paragraph.
2        During transportation, such weapons shall be broken
3    down in a non-functioning state or not immediately
4    accessible.
5        (6) The manufacture, transport, testing, delivery,
6    transfer or sale, and all lawful commercial or
7    experimental activities necessary thereto, of rifles,
8    shotguns, and weapons made from rifles or shotguns, or
9    ammunition for such rifles, shotguns or weapons, where
10    engaged in by a person operating as a contractor or
11    subcontractor pursuant to a contract or subcontract for
12    the development and supply of such rifles, shotguns,
13    weapons or ammunition to the United States government or
14    any branch of the Armed Forces of the United States, when
15    such activities are necessary and incident to fulfilling
16    the terms of such contract.
17        The exemption granted under this subdivision (c)(6)
18    shall also apply to any authorized agent of any such
19    contractor or subcontractor who is operating within the
20    scope of his employment, where such activities involving
21    such weapon, weapons or ammunition are necessary and
22    incident to fulfilling the terms of such contract.
23        (7) A person possessing a rifle with a barrel or
24    barrels less than 16 inches in length if: (A) the person
25    has been issued a Curios and Relics license from the U.S.
26    Bureau of Alcohol, Tobacco, Firearms and Explosives; or

 

 

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1    (B) the person is an active member of a bona fide,
2    nationally recognized military re-enacting group and the
3    modification is required and necessary to accurately
4    portray the weapon for historical re-enactment purposes;
5    the re-enactor is in possession of a valid and current
6    re-enacting group membership credential; and the overall
7    length of the weapon as modified is not less than 26
8    inches.
9    (d) Subsection 24-1(a)(1) does not apply to the purchase,
10possession or carrying of a black-jack or slung-shot by a
11peace officer.
12    (e) Subsection 24-1(a)(8) does not apply to any owner,
13manager or authorized employee of any place specified in that
14subsection nor to any law enforcement officer.
15    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
16Section 24-1.6 do not apply to members of any club or
17organization organized for the purpose of practicing shooting
18at targets upon established target ranges, whether public or
19private, while using their firearms on those target ranges.
20    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
21to:
22        (1) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard, while in
24    the performance of their official duty.
25        (2) Bonafide collectors of antique or surplus military
26    ordnance.

 

 

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

 

 

HB2882- 66 -LRB102 12391 RLC 17728 b

1manufacturing business described in this subsection (g-5).
2During transportation, these devices shall be detached from
3any weapon or not immediately accessible.
4    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 do not apply to or affect any parole agent or parole
6supervisor who meets the qualifications and conditions
7prescribed in Section 3-14-1.5 of the Unified Code of
8Corrections.
9    (g-7) Subsection 24-1(a)(6) does not apply to a peace
10officer while serving as a member of a tactical response team
11or special operations team. A peace officer may not personally
12own or apply for ownership of a device or attachment of any
13kind designed, used, or intended for use in silencing the
14report of any firearm. These devices shall be owned and
15maintained by lawfully recognized units of government whose
16duties include the investigation of criminal acts.
17    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
19athlete's possession, transport on official Olympic and
20Paralympic transit systems established for athletes, or use of
21competition firearms sanctioned by the International Olympic
22Committee, the International Paralympic Committee, the
23International Shooting Sport Federation, or USA Shooting in
24connection with such athlete's training for and participation
25in shooting competitions at the 2016 Olympic and Paralympic
26Games and sanctioned test events leading up to the 2016

 

 

HB2882- 67 -LRB102 12391 RLC 17728 b

1Olympic and Paralympic Games.
2    (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any
4exemptions contained in this Article. The defendant shall have
5the burden of proving such an exemption.
6    (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm
9consigned to a common carrier operating under license of the
10State of Illinois or the federal government, where such
11transportation, carrying, or possession is incident to the
12lawful transportation in which such common carrier is engaged;
13and nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession of any
15pistol, revolver, stun gun, taser, or other firearm, not the
16subject of and regulated by subsection 24-1(a)(7) or
17subsection 24-2(c) of this Article, which is unloaded and
18enclosed in a case, firearm carrying box, shipping box, or
19other container, by the possessor of a valid Firearm Owners
20Identification Card.
21(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
22    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
23    Sec. 24-3. Unlawful sale or delivery of firearms.
24    (A) A person commits the offense of unlawful sale or
25delivery of firearms when he or she knowingly does any of the

 

 

HB2882- 68 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 69 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 70 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 71 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 72 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 73 -LRB102 12391 RLC 17728 b

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

 

 

HB2882- 74 -LRB102 12391 RLC 17728 b

1    (B) Paragraph (h) of subsection (A) does not include
2firearms sold within 6 months after enactment of Public Act
378-355 (approved August 21, 1973, effective October 1, 1973),
4nor is any firearm legally owned or possessed by any citizen or
5purchased by any citizen within 6 months after the enactment
6of Public Act 78-355 subject to confiscation or seizure under
7the provisions of that Public Act. Nothing in Public Act
878-355 shall be construed to prohibit the gift or trade of any
9firearm if that firearm was legally held or acquired within 6
10months after the enactment of that Public Act.
11    (C) Sentence.
12        (1) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (c), (e), (f), (g),
14    or (h) of subsection (A) commits a Class 4 felony.
15        (2) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (b) or (i) of
17    subsection (A) commits a Class 3 felony.
18        (3) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a) of subsection
20    (A) commits a Class 2 felony.
21        (4) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a), (b), or (i) of
23    subsection (A) in any school, on the real property
24    comprising a school, within 1,000 feet of the real
25    property comprising a school, at a school related
26    activity, or on or within 1,000 feet of any conveyance

 

 

HB2882- 75 -LRB102 12391 RLC 17728 b

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
299-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
3    Section 50. The Unified Code of Corrections is amended by
4changing Section 5-6-1 as follows:
 
5    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
6    Sec. 5-6-1. Sentences of probation and of conditional
7discharge and disposition of supervision. The General
8Assembly finds that in order to protect the public, the
9criminal justice system must compel compliance with the
10conditions of probation by responding to violations with
11swift, certain and fair punishments and intermediate
12sanctions. The Chief Judge of each circuit shall adopt a
13system of structured, intermediate sanctions for violations of
14the terms and conditions of a sentence of probation,
15conditional discharge or disposition of supervision.
16    (a) Except where specifically prohibited by other
17provisions of this Code, the court shall impose a sentence of
18probation or conditional discharge upon an offender unless,
19having regard to the nature and circumstance of the offense,
20and to the history, character and condition of the offender,
21the court is of the opinion that:
22        (1) his imprisonment or periodic imprisonment is
23    necessary for the protection of the public; or
24        (2) probation or conditional discharge would deprecate

 

 

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1    the seriousness of the offender's conduct and would be
2    inconsistent with the ends of justice; or
3        (3) a combination of imprisonment with concurrent or
4    consecutive probation when an offender has been admitted
5    into a drug court program under Section 20 of the Drug
6    Court Treatment Act is necessary for the protection of the
7    public and for the rehabilitation of the offender.
8    The court shall impose as a condition of a sentence of
9probation, conditional discharge, or supervision, that the
10probation agency may invoke any sanction from the list of
11intermediate sanctions adopted by the chief judge of the
12circuit court for violations of the terms and conditions of
13the sentence of probation, conditional discharge, or
14supervision, subject to the provisions of Section 5-6-4 of
15this Act.
16    (b) The court may impose a sentence of conditional
17discharge for an offense if the court is of the opinion that
18neither a sentence of imprisonment nor of periodic
19imprisonment nor of probation supervision is appropriate.
20    (b-1) Subsections (a) and (b) of this Section do not apply
21to a defendant charged with a misdemeanor or felony under the
22Illinois Vehicle Code or reckless homicide under Section 9-3
23of the Criminal Code of 1961 or the Criminal Code of 2012 if
24the defendant within the past 12 months has been convicted of
25or pleaded guilty to a misdemeanor or felony under the
26Illinois Vehicle Code or reckless homicide under Section 9-3

 

 

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1of the Criminal Code of 1961 or the Criminal Code of 2012.
2    (c) The court may, upon a plea of guilty or a stipulation
3by the defendant of the facts supporting the charge or a
4finding of guilt, defer further proceedings and the imposition
5of a sentence, and enter an order for supervision of the
6defendant, if the defendant is not charged with: (i) a Class A
7misdemeanor, as defined by the following provisions of the
8Criminal Code of 1961 or the Criminal Code of 2012: Sections
911-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1031-7; paragraphs (2) and (3) of subsection (a) of Section
1121-1; paragraph (1) through (5), (8), (10), and (11) of
12subsection (a) of Section 24-1; (ii) a Class A misdemeanor
13violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
14for Animals Act; or (iii) a felony. If the defendant is not
15barred from receiving an order for supervision as provided in
16this subsection, the court may enter an order for supervision
17after considering the circumstances of the offense, and the
18history, character and condition of the offender, if the court
19is of the opinion that:
20        (1) the offender is not likely to commit further
21    crimes;
22        (2) the defendant and the public would be best served
23    if the defendant were not to receive a criminal record;
24    and
25        (3) in the best interests of justice an order of
26    supervision is more appropriate than a sentence otherwise

 

 

HB2882- 82 -LRB102 12391 RLC 17728 b

1    permitted under this Code.
2    (c-5) Subsections (a), (b), and (c) of this Section do not
3apply to a defendant charged with a second or subsequent
4violation of Section 6-303 of the Illinois Vehicle Code
5committed while his or her driver's license, permit or
6privileges were revoked because of a violation of Section 9-3
7of the Criminal Code of 1961 or the Criminal Code of 2012,
8relating to the offense of reckless homicide, or a similar
9provision of a law of another state.
10    (d) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 11-501 of the
12Illinois Vehicle Code or a similar provision of a local
13ordinance when the defendant has previously been:
14        (1) convicted for a violation of Section 11-501 of the
15    Illinois Vehicle Code or a similar provision of a local
16    ordinance or any similar law or ordinance of another
17    state; or
18        (2) assigned supervision for a violation of Section
19    11-501 of the Illinois Vehicle Code or a similar provision
20    of a local ordinance or any similar law or ordinance of
21    another state; or
22        (3) pleaded guilty to or stipulated to the facts
23    supporting a charge or a finding of guilty to a violation
24    of Section 11-503 of the Illinois Vehicle Code or a
25    similar provision of a local ordinance or any similar law
26    or ordinance of another state, and the plea or stipulation

 

 

HB2882- 83 -LRB102 12391 RLC 17728 b

1    was the result of a plea agreement.
2    The court shall consider the statement of the prosecuting
3authority with regard to the standards set forth in this
4Section.
5    (e) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 16-25 or 16A-3 of the
7Criminal Code of 1961 or the Criminal Code of 2012 if said
8defendant has within the last 5 years been:
9        (1) convicted for a violation of Section 16-25 or
10    16A-3 of the Criminal Code of 1961 or the Criminal Code of
11    2012; or
12        (2) assigned supervision for a violation of Section
13    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
14    Code of 2012.
15    The court shall consider the statement of the prosecuting
16authority with regard to the standards set forth in this
17Section.
18    (f) The provisions of paragraph (c) shall not apply to a
19defendant charged with: (1) violating Sections 15-111, 15-112,
2015-301, paragraph (b) of Section 6-104, Section 11-605,
21paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
22Section 11-1414 of the Illinois Vehicle Code or a similar
23provision of a local ordinance; or (2) committing a Class A
24misdemeanor under subsection (c) of Section 11-907 of the
25Illinois Vehicle Code or a similar provision of a local
26ordinance.

 

 

HB2882- 84 -LRB102 12391 RLC 17728 b

1    (g) Except as otherwise provided in paragraph (i) of this
2Section, the provisions of paragraph (c) shall not apply to a
3defendant charged with violating Section 3-707, 3-708, 3-710,
4or 5-401.3 of the Illinois Vehicle Code or a similar provision
5of a local ordinance if the defendant has within the last 5
6years been:
7        (1) convicted for a violation of Section 3-707, 3-708,
8    3-710, or 5-401.3 of the Illinois Vehicle Code or a
9    similar provision of a local ordinance; or
10        (2) assigned supervision for a violation of Section
11    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
12    Code or a similar provision of a local ordinance.
13    The court shall consider the statement of the prosecuting
14authority with regard to the standards set forth in this
15Section.
16    (h) The provisions of paragraph (c) shall not apply to a
17defendant under the age of 21 years charged with violating a
18serious traffic offense as defined in Section 1-187.001 of the
19Illinois Vehicle Code:
20        (1) unless the defendant, upon payment of the fines,
21    penalties, and costs provided by law, agrees to attend and
22    successfully complete a traffic safety program approved by
23    the court under standards set by the Conference of Chief
24    Circuit Judges. The accused shall be responsible for
25    payment of any traffic safety program fees. If the accused
26    fails to file a certificate of successful completion on or

 

 

HB2882- 85 -LRB102 12391 RLC 17728 b

1    before the termination date of the supervision order, the
2    supervision shall be summarily revoked and conviction
3    entered. The provisions of Supreme Court Rule 402 relating
4    to pleas of guilty do not apply in cases when a defendant
5    enters a guilty plea under this provision; or
6        (2) if the defendant has previously been sentenced
7    under the provisions of paragraph (c) on or after January
8    1, 1998 for any serious traffic offense as defined in
9    Section 1-187.001 of the Illinois Vehicle Code.
10    (h-1) The provisions of paragraph (c) shall not apply to a
11defendant under the age of 21 years charged with an offense
12against traffic regulations governing the movement of vehicles
13or any violation of Section 6-107 or Section 12-603.1 of the
14Illinois Vehicle Code, unless the defendant, upon payment of
15the fines, penalties, and costs provided by law, agrees to
16attend and successfully complete a traffic safety program
17approved by the court under standards set by the Conference of
18Chief Circuit Judges. The accused shall be responsible for
19payment of any traffic safety program fees. If the accused
20fails to file a certificate of successful completion on or
21before the termination date of the supervision order, the
22supervision shall be summarily revoked and conviction entered.
23The provisions of Supreme Court Rule 402 relating to pleas of
24guilty do not apply in cases when a defendant enters a guilty
25plea under this provision.
26    (i) The provisions of paragraph (c) shall not apply to a

 

 

HB2882- 86 -LRB102 12391 RLC 17728 b

1defendant charged with violating Section 3-707 of the Illinois
2Vehicle Code or a similar provision of a local ordinance if the
3defendant has been assigned supervision for a violation of
4Section 3-707 of the Illinois Vehicle Code or a similar
5provision of a local ordinance.
6    (j) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating Section 6-303 of the Illinois
8Vehicle Code or a similar provision of a local ordinance when
9the revocation or suspension was for a violation of Section
1011-501 or a similar provision of a local ordinance or a
11violation of Section 11-501.1 or paragraph (b) of Section
1211-401 of the Illinois Vehicle Code if the defendant has
13within the last 10 years been:
14        (1) convicted for a violation of Section 6-303 of the
15    Illinois Vehicle Code or a similar provision of a local
16    ordinance; or
17        (2) assigned supervision for a violation of Section
18    6-303 of the Illinois Vehicle Code or a similar provision
19    of a local ordinance.
20    (k) The provisions of paragraph (c) shall not apply to a
21defendant charged with violating any provision of the Illinois
22Vehicle Code or a similar provision of a local ordinance that
23governs the movement of vehicles if, within the 12 months
24preceding the date of the defendant's arrest, the defendant
25has been assigned court supervision on 2 occasions for a
26violation that governs the movement of vehicles under the

 

 

HB2882- 87 -LRB102 12391 RLC 17728 b

1Illinois Vehicle Code or a similar provision of a local
2ordinance. The provisions of this paragraph (k) do not apply
3to a defendant charged with violating Section 11-501 of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance.
6    (l) (Blank).
7    (m) (Blank).
8    (n) The provisions of paragraph (c) shall not apply to any
9person under the age of 18 who commits an offense against
10traffic regulations governing the movement of vehicles or any
11violation of Section 6-107 or Section 12-603.1 of the Illinois
12Vehicle Code, except upon personal appearance of the defendant
13in court and upon the written consent of the defendant's
14parent or legal guardian, executed before the presiding judge.
15The presiding judge shall have the authority to waive this
16requirement upon the showing of good cause by the defendant.
17    (o) The provisions of paragraph (c) shall not apply to a
18defendant charged with violating Section 6-303 of the Illinois
19Vehicle Code or a similar provision of a local ordinance when
20the suspension was for a violation of Section 11-501.1 of the
21Illinois Vehicle Code and when:
22        (1) at the time of the violation of Section 11-501.1
23    of the Illinois Vehicle Code, the defendant was a first
24    offender pursuant to Section 11-500 of the Illinois
25    Vehicle Code and the defendant failed to obtain a
26    monitoring device driving permit; or

 

 

HB2882- 88 -LRB102 12391 RLC 17728 b

1        (2) at the time of the violation of Section 11-501.1
2    of the Illinois Vehicle Code, the defendant was a first
3    offender pursuant to Section 11-500 of the Illinois
4    Vehicle Code, had subsequently obtained a monitoring
5    device driving permit, but was driving a vehicle not
6    equipped with a breath alcohol ignition interlock device
7    as defined in Section 1-129.1 of the Illinois Vehicle
8    Code.
9    (p) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 11-601.5 of the
11Illinois Vehicle Code or a similar provision of a local
12ordinance when the defendant has previously been:
13        (1) convicted for a violation of Section 11-601.5 of
14    the Illinois Vehicle Code or a similar provision of a
15    local ordinance or any similar law or ordinance of another
16    state; or
17        (2) assigned supervision for a violation of Section
18    11-601.5 of the Illinois Vehicle Code or a similar
19    provision of a local ordinance or any similar law or
20    ordinance of another state.
21    (q) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating subsection (b) of Section
2311-601 or Section 11-601.5 of the Illinois Vehicle Code when
24the defendant was operating a vehicle, in an urban district,
25at a speed that is 26 miles per hour or more in excess of the
26applicable maximum speed limit established under Chapter 11 of

 

 

HB2882- 89 -LRB102 12391 RLC 17728 b

1the Illinois Vehicle Code.
2    (r) The provisions of paragraph (c) shall not apply to a
3defendant charged with violating any provision of the Illinois
4Vehicle Code or a similar provision of a local ordinance if the
5violation was the proximate cause of the death of another and
6the defendant's driving abstract contains a prior conviction
7or disposition of court supervision for any violation of the
8Illinois Vehicle Code, other than an equipment violation, or a
9suspension, revocation, or cancellation of the driver's
10license.
11    (s) (Blank). The provisions of paragraph (c) shall not
12apply to a defendant charged with violating subsection (i) of
13Section 70 of the Firearm Concealed Carry Act.
14(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)