Illinois General Assembly - Full Text of SB1858
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Full Text of SB1858  102nd General Assembly

SB1858 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1858

 

Introduced 2/26/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65
430 ILCS 66/105

    Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.


LRB102 04000 RLC 14016 b

 

 

A BILL FOR

 

SB1858LRB102 04000 RLC 14016 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 65 and 105 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Except as otherwise provided in subsection (a-3)
11    of this Section, any Any building, real property, and
12    parking area under the control of a public or non-public
13    private elementary or secondary school.
14        (2) Any building, real property, and parking area
15    under the control of a pre-school or child care facility,
16    including any room or portion of a building under the
17    control of a pre-school or child care facility. Nothing in
18    this paragraph shall prevent the operator of a child care
19    facility in a family home from owning or possessing a
20    firearm in the home or license under this Act, if no child
21    under child care at the home is present in the home or the
22    firearm in the home is stored in a locked container when a
23    child under child care at the home is present in the home.

 

 

SB1858- 2 -LRB102 04000 RLC 14016 b

1        (3) Any building, parking area, or portion of a
2    building under the control of an officer of the executive
3    or legislative branch of government, provided that nothing
4    in this paragraph shall prohibit a licensee from carrying
5    a concealed firearm onto the real property, bikeway, or
6    trail in a park regulated by the Department of Natural
7    Resources or any other designated public hunting area or
8    building where firearm possession is permitted as
9    established by the Department of Natural Resources under
10    Section 1.8 of the Wildlife Code.
11        (4) Any building designated for matters before a
12    circuit court, appellate court, or the Supreme Court, or
13    any building or portion of a building under the control of
14    the Supreme Court.
15        (5) Any building or portion of a building under the
16    control of a unit of local government.
17        (6) Any building, real property, and parking area
18    under the control of an adult or juvenile detention or
19    correctional institution, prison, or jail.
20        (7) Any building, real property, and parking area
21    under the control of a public or private hospital or
22    hospital affiliate, mental health facility, or nursing
23    home.
24        (8) Any bus, train, or form of transportation paid for
25    in whole or in part with public funds, and any building,
26    real property, and parking area under the control of a

 

 

SB1858- 3 -LRB102 04000 RLC 14016 b

1    public transportation facility paid for in whole or in
2    part with public funds.
3        (9) Any building, real property, and parking area
4    under the control of an establishment that serves alcohol
5    on its premises, if more than 50% of the establishment's
6    gross receipts within the prior 3 months is from the sale
7    of alcohol. The owner of an establishment who knowingly
8    fails to prohibit concealed firearms on its premises as
9    provided in this paragraph or who knowingly makes a false
10    statement or record to avoid the prohibition on concealed
11    firearms under this paragraph is subject to the penalty
12    under subsection (c-5) of Section 10-1 of the Liquor
13    Control Act of 1934.
14        (10) Any public gathering or special event conducted
15    on property open to the public that requires the issuance
16    of a permit from the unit of local government, provided
17    this prohibition shall not apply to a licensee who must
18    walk through a public gathering in order to access his or
19    her residence, place of business, or vehicle.
20        (11) Any building or real property that has been
21    issued a Special Event Retailer's license as defined in
22    Section 1-3.17.1 of the Liquor Control Act during the time
23    designated for the sale of alcohol by the Special Event
24    Retailer's license, or a Special use permit license as
25    defined in subsection (q) of Section 5-1 of the Liquor
26    Control Act during the time designated for the sale of

 

 

SB1858- 4 -LRB102 04000 RLC 14016 b

1    alcohol by the Special use permit license.
2        (12) Any public playground.
3        (13) Any public park, athletic area, or athletic
4    facility under the control of a municipality or park
5    district, provided nothing in this Section shall prohibit
6    a licensee from carrying a concealed firearm while on a
7    trail or bikeway if only a portion of the trail or bikeway
8    includes a public park.
9        (14) Any real property under the control of the Cook
10    County Forest Preserve District.
11        (15) Any building, classroom, laboratory, medical
12    clinic, hospital, artistic venue, athletic venue,
13    entertainment venue, officially recognized
14    university-related organization property, whether owned or
15    leased, and any real property, including parking areas,
16    sidewalks, and common areas under the control of a public
17    or private community college, college, or university.
18        (16) Any building, real property, or parking area
19    under the control of a gaming facility licensed under the
20    Illinois Gambling Act or the Illinois Horse Racing Act of
21    1975, including an inter-track wagering location licensee.
22        (17) Any stadium, arena, or the real property or
23    parking area under the control of a stadium, arena, or any
24    collegiate or professional sporting event.
25        (18) Any building, real property, or parking area
26    under the control of a public library.

 

 

SB1858- 5 -LRB102 04000 RLC 14016 b

1        (19) Any building, real property, or parking area
2    under the control of an airport.
3        (20) Any building, real property, or parking area
4    under the control of an amusement park.
5        (21) Any building, real property, or parking area
6    under the control of a zoo or museum.
7        (22) Any street, driveway, parking area, property,
8    building, or facility, owned, leased, controlled, or used
9    by a nuclear energy, storage, weapons, or development site
10    or facility regulated by the federal Nuclear Regulatory
11    Commission. The licensee shall not under any circumstance
12    store a firearm or ammunition in his or her vehicle or in a
13    compartment or container within a vehicle located anywhere
14    in or on the street, driveway, parking area, property,
15    building, or facility described in this paragraph.
16        (23) Any area where firearms are prohibited under
17    federal law.
18    (a-3) The school board of a school district of a public
19elementary or secondary school or a non-public elementary or
20secondary school may develop a policy to permit the carrying
21of a firearm by an employee of the school, licensed under this
22Act, in any building or on any real property or parking area
23under the control of the public or non-public elementary or
24secondary school. The policy must contain safe storage
25provisions for the firearm. Those provisions must include
26securing the firearm in a locked box or container that cannot

 

 

SB1858- 6 -LRB102 04000 RLC 14016 b

1be accessed by students.
2    (a-5) Nothing in this Act shall prohibit a public or
3private community college, college, or university from:
4        (1) prohibiting persons from carrying a firearm within
5    a vehicle owned, leased, or controlled by the college or
6    university;
7        (2) developing resolutions, regulations, or policies
8    regarding student, employee, or visitor misconduct and
9    discipline, including suspension and expulsion;
10        (3) developing resolutions, regulations, or policies
11    regarding the storage or maintenance of firearms, which
12    must include designated areas where persons can park
13    vehicles that carry firearms; and
14        (4) permitting the carrying or use of firearms for the
15    purpose of instruction and curriculum of officially
16    recognized programs, including but not limited to military
17    science and law enforcement training programs, or in any
18    designated area used for hunting purposes or target
19    shooting.
20    (a-10) The owner of private real property of any type may
21prohibit the carrying of concealed firearms on the property
22under his or her control. The owner must post a sign in
23accordance with subsection (d) of this Section indicating that
24firearms are prohibited on the property, unless the property
25is a private residence.
26    (b) Notwithstanding subsections (a), (a-5), and (a-10) of

 

 

SB1858- 7 -LRB102 04000 RLC 14016 b

1this Section except under paragraph (22) or (23) of subsection
2(a), any licensee prohibited from carrying a concealed firearm
3into the parking area of a prohibited location specified in
4subsection (a), (a-5), or (a-10) of this Section shall be
5permitted to carry a concealed firearm on or about his or her
6person within a vehicle into the parking area and may store a
7firearm or ammunition concealed in a case within a locked
8vehicle or locked container out of plain view within the
9vehicle in the parking area. A licensee may carry a concealed
10firearm in the immediate area surrounding his or her vehicle
11within a prohibited parking lot area only for the limited
12purpose of storing or retrieving a firearm within the
13vehicle's trunk. For purposes of this subsection, "case"
14includes a glove compartment or console that completely
15encloses the concealed firearm or ammunition, the trunk of the
16vehicle, or a firearm carrying box, shipping box, or other
17container.
18    (c) A licensee shall not be in violation of this Section
19while he or she is traveling along a public right of way that
20touches or crosses any of the premises under subsection (a),
21(a-5), or (a-10) of this Section if the concealed firearm is
22carried on his or her person in accordance with the provisions
23of this Act or is being transported in a vehicle by the
24licensee in accordance with all other applicable provisions of
25law.
26    (d) Signs stating that the carrying of firearms is

 

 

SB1858- 8 -LRB102 04000 RLC 14016 b

1prohibited shall be clearly and conspicuously posted at the
2entrance of a building, premises, or real property specified
3in this Section as a prohibited area, unless the building or
4premises is a private residence. Signs shall be of a uniform
5design as established by the Department and shall be 4 inches
6by 6 inches in size. The Department shall adopt rules for
7standardized signs to be used under this subsection.
8(Source: P.A. 101-31, eff. 6-28-19.)
 
9    (430 ILCS 66/105)
10    Sec. 105. Duty of school administrator. It is the duty of
11the principal of a public elementary or secondary school, or
12his or her designee, and the chief administrative officer of a
13non-public private elementary or secondary school or a public
14or private community college, college, or university, or his
15or her designee, to report to the Department of State Police
16when a student is determined to pose a clear and present danger
17to himself, herself, or to others, within 24 hours of the
18determination as provided in Section 6-103.3 of the Mental
19Health and Developmental Disabilities Code. "Clear and present
20danger" has the meaning as provided in paragraph (2) of the
21definition of "clear and present danger" in Section 1.1 of the
22Firearm Owners Identification Card Act.
23(Source: P.A. 98-63, eff. 7-9-13.)