Illinois General Assembly - Full Text of HB4636
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Full Text of HB4636  102nd General Assembly

HB4636 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4636

 

Introduced 1/21/2022, by Rep. Tony McCombie - Dave Severin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/45 new
50 ILCS 705/14 new
430 ILCS 66/75

    Amends the Children and Family Services Act. Creates the Caseworker Self-Defense Law. Provides that DCFS caseworkers may carry a concealed handgun during the performance of their official duties. Provides that in order to carry a concealed weapon, a caseworker must be licensed to carry a concealed handgun under the Firearm Concealed Carry Act, and must annually complete a course of training provided by the Illinois Law Enforcement Training Standards Board. Provides liability protection for the Department for caseworkers who carry concealed handguns during the performance of their official duties. Amends the Illinois Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to create a course of training for DCFS caseworkers and provides standards for such training. Amends the Firearm Concealed Carry Act. Provides that training for DCFS caseworkers under the Illinois Police Training Act satisfies the training requirements of the Firearm Concealed Carry Act. Effective immediately.


LRB102 24466 RLC 33700 b

 

 

A BILL FOR

 

HB4636LRB102 24466 RLC 33700 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 45 as follows:
 
6    (20 ILCS 505/45 new)
7    Sec. 45. Caseworker self-defense. This Section may be
8known as the Caseworker Self-Defense Law.
9    (a) A caseworker may, in his or her sole discretion, carry
10a concealed handgun during the performance of his or her
11official duties, subject to the requirements of subsection
12(b).
13    (b) In order to carry a concealed handgun during the
14performance of his or her official duties, a caseworker must:
15        (1) be a current licensee under the Firearm Concealed
16    Carry Act; and
17        (2) annually complete training approved under Section
18    14 of the Illinois Police Training Act.
19    (c) The Department shall not be civilly or criminally
20liable for the decision of a caseworker to carry a concealed
21handgun under this Section or for the caseworker's use of a
22concealed handgun during the performance of his or her
23official duties.

 

 

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1    (d) The Department may by rule provide for the
2implementation of this Section.
3    (e) As used in this Section, "caseworker" includes both a
4caseworker employed by the Department and any other employee
5of the Department who, as a part of his or her employment, has
6direct contact with the public outside of Department
7facilities.
 
8    Section 10. The Illinois Police Training Act is amended by
9adding Section 14 as follows:
 
10    (50 ILCS 705/14 new)
11    Sec. 14. Caseworker self-defense.
12    (a) No later than one year after the effective date of this
13amendatory Act of the 102nd General Assembly, the Board shall
14create training standards for caseworkers of the Department of
15Children and Family Services to carry concealed handguns
16during the performance of their official duties under Section
1745 of the Children and Family Services Act. The training
18standards shall include, but are not limited to, fulfilling
19the requirements of Section 75 of the Firearm Concealed Carry
20Act, together with such other information that the Board may
21deem useful to caseworkers of the Department of Children and
22Family Services in the performance of their official duties.
23    (b) The Board shall provide the training in subsection (a)
24for caseworkers of the Department of Children and Family

 

 

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1Services, and may authorize other parties to provide this
2training.
 
3    Section 15. The Firearm Concealed Carry Act is amended by
4changing Section 75 as follows:
 
5    (430 ILCS 66/75)
6    Sec. 75. Applicant firearm training.
7    (a) Within 60 days of the effective date of this Act, the
8Illinois State Police shall begin approval of firearm training
9courses and shall make a list of approved courses available on
10the Illinois State Police's website.
11    (b) An applicant for a new license shall provide proof of
12completion of a firearms training course or combination of
13courses approved by the Illinois State Police of at least 16
14hours, which includes range qualification time under
15subsection (c) of this Section, that covers the following:
16        (1) firearm safety;
17        (2) the basic principles of marksmanship;
18        (3) care, cleaning, loading, and unloading of a
19    concealable firearm;
20        (4) all applicable State and federal laws relating to
21    the ownership, storage, carry, and transportation of a
22    firearm; and
23        (5) instruction on the appropriate and lawful
24    interaction with law enforcement while transporting or

 

 

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1    carrying a concealed firearm.
2    (c) An applicant for a new license shall provide proof of
3certification by a certified instructor that the applicant
4passed a live fire exercise with a concealable firearm
5consisting of:
6        (1) a minimum of 30 rounds; and
7        (2) 10 rounds from a distance of 5 yards; 10 rounds
8    from a distance of 7 yards; and 10 rounds from a distance
9    of 10 yards at a B-27 silhouette target approved by the
10    Illinois State Police.
11    (d) An applicant for renewal of a license shall provide
12proof of completion of a firearms training course or
13combination of courses approved by the Illinois State Police
14of at least 3 hours.
15    (e) A certificate of completion for an applicant's firearm
16training course shall not be issued to a student who:
17        (1) does not follow the orders of the certified
18    firearms instructor;
19        (2) in the judgment of the certified instructor,
20    handles a firearm in a manner that poses a danger to the
21    student or to others; or
22        (3) during the range firing portion of testing fails
23    to hit the target with 70% of the rounds fired.
24    (f) An instructor shall maintain a record of each
25student's performance for at least 5 years, and shall make all
26records available upon demand of authorized personnel of the

 

 

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1Illinois State Police.
2    (g) The Illinois State Police and certified firearms
3instructors shall recognize up to 8 hours of training already
4completed toward the 16 hour training requirement under this
5Section if the training course is submitted to and approved by
6the Illinois State Police. Any remaining hours that the
7applicant completes must at least cover the classroom subject
8matter of paragraph (4) of subsection (b) of this Section, and
9the range qualification in subsection (c) of this Section.
10    (h) A person who has qualified to carry a firearm as an
11active law enforcement or corrections officer, who has
12successfully completed firearms training as required by his or
13her law enforcement agency and is authorized by his or her
14agency to carry a firearm; a person currently certified as a
15firearms instructor by this Act or by the Illinois Law
16Enforcement Training Standards Board; or a person who has
17completed the required training and has been issued a firearm
18control card by the Department of Financial and Professional
19Regulation shall be exempt from the requirements of this
20Section.
21    (i) The Illinois State Police and certified firearms
22instructors shall recognize 8 hours of training as completed
23toward the 16 hour training requirement under this Section, if
24the applicant is an active, retired, or honorably discharged
25member of the United States Armed Forces
. Any remaining hours
26that the applicant completes must at least cover the classroom

 

 

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1subject matter of paragraph (4) of subsection (b) of this
2Section, and the range qualification in subsection (c) of this
3Section.
4    (j) The Illinois State Police and certified firearms
5instructors shall recognize up to 8 hours of training already
6completed toward the 16 hour training requirement under this
7Section if the training course is approved by the Illinois
8State Police and was completed in connection with the
9applicant's previous employment as a law enforcement or
10corrections officer. Any remaining hours that the applicant
11completes must at least cover the classroom subject matter of
12paragraph (4) of subsection (b) of this Section, and the range
13qualification in subsection (c) of this Section. A former law
14enforcement or corrections officer seeking credit under this
15subsection (j) shall provide evidence that he or she separated
16from employment in good standing from each law enforcement
17agency where he or she was employed. An applicant who was
18discharged from a law enforcement agency for misconduct or
19disciplinary reasons is not eligible for credit under this
20subsection (j).
21    (k) The course of training prescribed under Section 14 of
22the Illinois Police Training Act for caseworkers of the
23Department of Children and Family Services shall satisfy the
24training requirements of this Section.
25(Source: P.A. 102-538, eff. 8-20-21.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.