Full Text of SB3609 100th General Assembly
SB3609 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3609 Introduced 5/8/2018, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-30 new | | 105 ILCS 5/34-18 | from Ch. 122, par. 34-18 | 720 ILCS 5/24-2 | |
|
Amends the School Code. Provides that a school board may grant written permission to a person who has a Professional Educator License or an Educator
License with Stipulations
granted by the State Superintendent of Education under the Code, other qualified staff, or a qualified volunteer to carry a firearm if employed as
an educator, other qualified staff, or a qualified volunteer by the school district, while actually engaged in the performance of the duties of his or her employment. Provides that the
person must have undergone a psychiatric evaluation as determined by the school board and possess a valid license to carry
a concealed firearm in the State under the Firearm Concealed Carry Act. Provides that notwithstanding any other
provisions of law, a school district may not require any educator, other qualified staff, or a qualified volunteer, as a condition of employment, to carry a firearm. Provides that a person permitted by the school board to carry a firearm shall receive additional training on dealing with children. Amends the Criminal Code of 2012. Exempts an educator, other qualified staff, or a qualified volunteer from violations of the unlawful use of weapons and aggravated unlawful use of a weapon statutes for carrying a firearm in a school under these provisions. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB3609 | | LRB100 21871 RLC 39689 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 34-18 and by adding Section 10-30 as follows: | 6 | | (105 ILCS 5/10-30 new) | 7 | | Sec. 10-30. School board may permit licensed educators, | 8 | | other qualified staff, or qualified volunteers to carry | 9 | | firearms. A school board may grant written permission to a | 10 | | person who has a Professional Educator License or an Educator
| 11 | | License with Stipulations
granted by the State Superintendent | 12 | | of Education under Article 21B of this Code, other qualified | 13 | | staff, or a qualified volunteer to carry a firearm if employed | 14 | | as
an educator, other qualified staff, or a qualified volunteer | 15 | | by the school district, while actually engaged in the | 16 | | performance of the duties of his or her employment. The
person | 17 | | must have undergone a psychiatric evaluation as determined by | 18 | | the school board and possess a valid license to carry
a | 19 | | concealed firearm in this State under the Firearm Concealed | 20 | | Carry Act. Notwithstanding any other
provisions of law, a | 21 | | school district may not require any educator, other qualified | 22 | | staff, or a qualified volunteer, as a condition of employment, | 23 | | to carry a firearm. Preference shall be given to veterans and |
| | | SB3609 | - 2 - | LRB100 21871 RLC 39689 b |
|
| 1 | | law enforcement. The person permitted by the school board to | 2 | | carry a firearm shall receive additional training on dealing | 3 | | with children.
| 4 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 5 | | Sec. 34-18. Powers of the board. The board shall exercise | 6 | | general
supervision and jurisdiction over the public education | 7 | | and the public
school system of the city, and, except as | 8 | | otherwise provided by this
Article, shall have power:
| 9 | | 1. To make suitable provision for the establishment and | 10 | | maintenance
throughout the year or for such portion thereof | 11 | | as it may direct, not
less than 9 months, of schools of all | 12 | | grades and kinds, including normal
schools, high schools, | 13 | | night schools, schools for defectives and
delinquents, | 14 | | parental and truant schools, schools for the blind, the
| 15 | | deaf and persons with physical disabilities, schools or | 16 | | classes in manual training,
constructural and vocational | 17 | | teaching, domestic arts and physical
culture, vocation and | 18 | | extension schools and lecture courses, and all
other | 19 | | educational courses and facilities, including | 20 | | establishing,
equipping, maintaining and operating | 21 | | playgrounds and recreational
programs, when such programs | 22 | | are conducted in, adjacent to, or connected
with any public | 23 | | school under the general supervision and jurisdiction
of | 24 | | the board; provided that the calendar for the school term | 25 | | and any changes must be submitted to and approved by the |
| | | SB3609 | - 3 - | LRB100 21871 RLC 39689 b |
|
| 1 | | State Board of Education before the calendar or changes may | 2 | | take effect, and provided that in allocating funds
from | 3 | | year to year for the operation of all attendance centers | 4 | | within the
district, the board shall ensure that | 5 | | supplemental general State aid or supplemental grant funds
| 6 | | are allocated and applied in accordance with Section 18-8, | 7 | | 18-8.05, or 18-8.15. To
admit to such
schools without | 8 | | charge foreign exchange students who are participants in
an | 9 | | organized exchange student program which is authorized by | 10 | | the board.
The board shall permit all students to enroll in | 11 | | apprenticeship programs
in trade schools operated by the | 12 | | board, whether those programs are
union-sponsored or not. | 13 | | No student shall be refused admission into or
be excluded | 14 | | from any course of instruction offered in the common | 15 | | schools
by reason of that student's sex. No student shall | 16 | | be denied equal
access to physical education and | 17 | | interscholastic athletic programs
supported from school | 18 | | district funds or denied participation in
comparable | 19 | | physical education and athletic programs solely by reason | 20 | | of
the student's sex. Equal access to programs supported | 21 | | from school
district funds and comparable programs will be | 22 | | defined in rules
promulgated by the State Board of | 23 | | Education in
consultation with the Illinois High School | 24 | | Association.
Notwithstanding any other provision of this | 25 | | Article, neither the board
of education nor any local | 26 | | school council or other school official shall
recommend |
| | | SB3609 | - 4 - | LRB100 21871 RLC 39689 b |
|
| 1 | | that children with disabilities be placed into regular | 2 | | education
classrooms unless those children with | 3 | | disabilities are provided with
supplementary services to | 4 | | assist them so that they benefit from the regular
classroom | 5 | | instruction and are included on the teacher's regular | 6 | | education
class register;
| 7 | | 2. To furnish lunches to pupils, to make a reasonable | 8 | | charge
therefor, and to use school funds for the payment of | 9 | | such expenses as
the board may determine are necessary in | 10 | | conducting the school lunch
program;
| 11 | | 3. To co-operate with the circuit court;
| 12 | | 4. To make arrangements with the public or quasi-public | 13 | | libraries
and museums for the use of their facilities by | 14 | | teachers and pupils of
the public schools;
| 15 | | 5. To employ dentists and prescribe their duties for | 16 | | the purpose of
treating the pupils in the schools, but | 17 | | accepting such treatment shall
be optional with parents or | 18 | | guardians;
| 19 | | 6. To grant the use of assembly halls and classrooms | 20 | | when not
otherwise needed, including light, heat, and | 21 | | attendants, for free public
lectures, concerts, and other | 22 | | educational and social interests, free of
charge, under | 23 | | such provisions and control as the principal of the
| 24 | | affected attendance center may prescribe;
| 25 | | 7. To apportion the pupils to the several schools; | 26 | | provided that no pupil
shall be excluded from or segregated |
| | | SB3609 | - 5 - | LRB100 21871 RLC 39689 b |
|
| 1 | | in any such school on account of his
color, race, sex, or | 2 | | nationality. The board shall take into consideration
the | 3 | | prevention of segregation and the elimination of | 4 | | separation of children
in public schools because of color, | 5 | | race, sex, or nationality. Except that
children may be | 6 | | committed to or attend parental and social adjustment | 7 | | schools
established and maintained either for boys or girls | 8 | | only. All records
pertaining to the creation, alteration or | 9 | | revision of attendance areas shall
be open to the public. | 10 | | Nothing herein shall limit the board's authority to
| 11 | | establish multi-area attendance centers or other student | 12 | | assignment systems
for desegregation purposes or | 13 | | otherwise, and to apportion the pupils to the
several | 14 | | schools. Furthermore, beginning in school year 1994-95, | 15 | | pursuant
to a board plan adopted by October 1, 1993, the | 16 | | board shall offer, commencing
on a phased-in basis, the | 17 | | opportunity for families within the school
district to | 18 | | apply for enrollment of their children in any attendance | 19 | | center
within the school district which does not have | 20 | | selective admission
requirements approved by the board. | 21 | | The appropriate geographical area in
which such open | 22 | | enrollment may be exercised shall be determined by the
| 23 | | board of education. Such children may be admitted to any | 24 | | such attendance
center on a space available basis after all | 25 | | children residing within such
attendance center's area | 26 | | have been accommodated. If the number of
applicants from |
| | | SB3609 | - 6 - | LRB100 21871 RLC 39689 b |
|
| 1 | | outside the attendance area exceed the space available,
| 2 | | then successful applicants shall be selected by lottery. | 3 | | The board of
education's open enrollment plan must include | 4 | | provisions that allow low
income students to have access to | 5 | | transportation needed to exercise school
choice. Open | 6 | | enrollment shall be in compliance with the provisions of | 7 | | the
Consent Decree and Desegregation Plan cited in Section | 8 | | 34-1.01;
| 9 | | 8. To approve programs and policies for providing | 10 | | transportation
services to students. Nothing herein shall | 11 | | be construed to permit or empower
the State Board of | 12 | | Education to order, mandate, or require busing or other
| 13 | | transportation of pupils for the purpose of achieving | 14 | | racial balance in any
school;
| 15 | | 9. Subject to the limitations in this Article, to | 16 | | establish and
approve system-wide curriculum objectives | 17 | | and standards, including graduation
standards, which | 18 | | reflect the
multi-cultural diversity in the city and are | 19 | | consistent with State law,
provided that for all purposes | 20 | | of this Article courses or
proficiency in American Sign | 21 | | Language shall be deemed to constitute courses
or | 22 | | proficiency in a foreign language; and to employ principals | 23 | | and teachers,
appointed as provided in this
Article, and | 24 | | fix their compensation. The board shall prepare such | 25 | | reports
related to minimal competency testing as may be | 26 | | requested by the State
Board of Education, and in addition |
| | | SB3609 | - 7 - | LRB100 21871 RLC 39689 b |
|
| 1 | | shall monitor and approve special
education and bilingual | 2 | | education programs and policies within the district to
| 3 | | assure that appropriate services are provided in | 4 | | accordance with applicable
State and federal laws to | 5 | | children requiring services and education in those
areas;
| 6 | | 10. To employ non-teaching personnel or utilize | 7 | | volunteer personnel
for: (i) non-teaching duties not | 8 | | requiring instructional judgment or
evaluation of pupils, | 9 | | including library duties; and (ii) supervising study
| 10 | | halls, long distance teaching reception areas used | 11 | | incident to instructional
programs transmitted by | 12 | | electronic media such as computers, video, and audio,
| 13 | | detention and discipline areas, and school-sponsored | 14 | | extracurricular
activities. The board may further utilize | 15 | | volunteer non-certificated
personnel or employ | 16 | | non-certificated personnel to
assist in the instruction of | 17 | | pupils under the immediate supervision of a
teacher holding | 18 | | a valid certificate, directly engaged in teaching
subject | 19 | | matter or conducting activities; provided that the teacher
| 20 | | shall be continuously aware of the non-certificated | 21 | | persons' activities and
shall be able to control or modify | 22 | | them. The general superintendent shall
determine | 23 | | qualifications of such personnel and shall prescribe rules | 24 | | for
determining the duties and activities to be assigned to | 25 | | such personnel;
| 26 | | 10.5. To utilize volunteer personnel from a regional |
| | | SB3609 | - 8 - | LRB100 21871 RLC 39689 b |
|
| 1 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 2 | | of the Safe to Learn Program
established pursuant to | 3 | | Section 25 of the Illinois Violence Prevention Act
of 1995, | 4 | | to provide assistance to schools in times of violence or | 5 | | other
traumatic incidents within a school community by | 6 | | providing crisis
intervention services to lessen the | 7 | | effects of emotional trauma on
individuals and the | 8 | | community; the School Crisis Assistance Team
Steering | 9 | | Committee shall determine the qualifications for | 10 | | volunteers;
| 11 | | 11. To provide television studio facilities in not to | 12 | | exceed one
school building and to provide programs for | 13 | | educational purposes,
provided, however, that the board | 14 | | shall not construct, acquire, operate,
or maintain a | 15 | | television transmitter; to grant the use of its studio
| 16 | | facilities to a licensed television station located in the | 17 | | school
district; and to maintain and operate not to exceed | 18 | | one school radio
transmitting station and provide programs | 19 | | for educational purposes;
| 20 | | 12. To offer, if deemed appropriate, outdoor education | 21 | | courses,
including field trips within the State of | 22 | | Illinois, or adjacent states,
and to use school educational | 23 | | funds for the expense of the said outdoor
educational | 24 | | programs, whether within the school district or not;
| 25 | | 13. During that period of the calendar year not | 26 | | embraced within the
regular school term, to provide and |
| | | SB3609 | - 9 - | LRB100 21871 RLC 39689 b |
|
| 1 | | conduct courses in subject matters
normally embraced in the | 2 | | program of the schools during the regular
school term and | 3 | | to give regular school credit for satisfactory
completion | 4 | | by the student of such courses as may be approved for | 5 | | credit
by the State Board of Education;
| 6 | | 14. To insure against any loss or liability of the | 7 | | board,
the former School Board Nominating Commission, | 8 | | Local School Councils, the
Chicago Schools Academic | 9 | | Accountability Council, or the former Subdistrict
Councils | 10 | | or of any member, officer, agent or employee thereof, | 11 | | resulting
from alleged violations of civil rights arising | 12 | | from incidents occurring on
or after September 5, 1967 or | 13 | | from the wrongful or negligent act or
omission of any such | 14 | | person whether occurring within or without the school
| 15 | | premises, provided the officer, agent or employee was, at | 16 | | the time of the
alleged violation of civil rights or | 17 | | wrongful act or omission, acting
within the scope of his | 18 | | employment or under direction of the board, the
former | 19 | | School
Board Nominating Commission, the Chicago Schools | 20 | | Academic Accountability
Council, Local School Councils, or | 21 | | the former Subdistrict Councils;
and to provide for or | 22 | | participate in insurance plans for its officers and
| 23 | | employees, including but not limited to retirement | 24 | | annuities, medical,
surgical and hospitalization benefits | 25 | | in such types and amounts as may be
determined by the | 26 | | board; provided, however, that the board shall contract
for |
| | | SB3609 | - 10 - | LRB100 21871 RLC 39689 b |
|
| 1 | | such insurance only with an insurance company authorized to | 2 | | do business
in this State. Such insurance may include | 3 | | provision for employees who rely
on treatment by prayer or | 4 | | spiritual means alone for healing, in accordance
with the | 5 | | tenets and practice of a recognized religious | 6 | | denomination;
| 7 | | 15. To contract with the corporate authorities of any | 8 | | municipality
or the county board of any county, as the case | 9 | | may be, to provide for
the regulation of traffic in parking | 10 | | areas of property used for school
purposes, in such manner | 11 | | as is provided by Section 11-209 of The
Illinois Vehicle | 12 | | Code, approved September 29, 1969, as amended;
| 13 | | 16. (a) To provide, on an equal basis, access to a high
| 14 | | school campus and student directory information to the
| 15 | | official recruiting representatives of the armed forces of | 16 | | Illinois and
the United States for the purposes of | 17 | | informing students of the educational
and career | 18 | | opportunities available in the military if the board has | 19 | | provided
such access to persons or groups whose purpose is | 20 | | to acquaint students with
educational or occupational | 21 | | opportunities available to them. The board
is not required | 22 | | to give greater notice regarding the right of access to
| 23 | | recruiting representatives than is given to other persons | 24 | | and groups. In
this paragraph 16, "directory information" | 25 | | means a high school
student's name, address, and telephone | 26 | | number.
|
| | | SB3609 | - 11 - | LRB100 21871 RLC 39689 b |
|
| 1 | | (b) If a student or his or her parent or guardian | 2 | | submits a signed,
written request to the high school before | 3 | | the end of the student's sophomore
year (or if the student | 4 | | is a transfer student, by another time set by
the high | 5 | | school) that indicates that the student or his or her | 6 | | parent or
guardian does
not want the student's directory | 7 | | information to be provided to official
recruiting | 8 | | representatives under subsection (a) of this Section, the | 9 | | high
school may not provide access to the student's | 10 | | directory information to
these recruiting representatives. | 11 | | The high school shall notify its
students and their parents | 12 | | or guardians of the provisions of this
subsection (b).
| 13 | | (c) A high school may require official recruiting | 14 | | representatives of
the armed forces of Illinois and the | 15 | | United States to pay a fee for copying
and mailing a | 16 | | student's directory information in an amount that is not
| 17 | | more than the actual costs incurred by the high school.
| 18 | | (d) Information received by an official recruiting | 19 | | representative
under this Section may be used only to | 20 | | provide information to students
concerning educational and | 21 | | career opportunities available in the military
and may not | 22 | | be released to a person who is not involved in recruiting
| 23 | | students for the armed forces of Illinois or the United | 24 | | States;
| 25 | | 17. (a) To sell or market any computer program | 26 | | developed by an employee
of the school district, provided |
| | | SB3609 | - 12 - | LRB100 21871 RLC 39689 b |
|
| 1 | | that such employee developed the computer
program as a | 2 | | direct result of his or her duties with the school district
| 3 | | or through the utilization of the school district resources | 4 | | or facilities.
The employee who developed the computer | 5 | | program shall be entitled to share
in the proceeds of such | 6 | | sale or marketing of the computer program. The
distribution | 7 | | of such proceeds between the employee and the school | 8 | | district
shall be as agreed upon by the employee and the | 9 | | school district, except
that neither the employee nor the | 10 | | school district may receive more than 90%
of such proceeds. | 11 | | The negotiation for an employee who is represented by an
| 12 | | exclusive bargaining representative may be conducted by | 13 | | such bargaining
representative at the employee's request.
| 14 | | (b) For the purpose of this paragraph 17:
| 15 | | (1) "Computer" means an internally programmed, | 16 | | general purpose digital
device capable of | 17 | | automatically accepting data, processing data and | 18 | | supplying
the results of the operation.
| 19 | | (2) "Computer program" means a series of coded | 20 | | instructions or
statements in a form acceptable to a | 21 | | computer, which causes the computer to
process data in | 22 | | order to achieve a certain result.
| 23 | | (3) "Proceeds" means profits derived from | 24 | | marketing or sale of a product
after deducting the | 25 | | expenses of developing and marketing such product;
| 26 | | 18. To delegate to the general superintendent of
|
| | | SB3609 | - 13 - | LRB100 21871 RLC 39689 b |
|
| 1 | | schools, by resolution, the authority to approve contracts | 2 | | and expenditures
in amounts of $10,000 or less;
| 3 | | 19. Upon the written request of an employee, to | 4 | | withhold from
the compensation of that employee any dues, | 5 | | payments or contributions
payable by such employee to any | 6 | | labor organization as defined in the
Illinois Educational | 7 | | Labor Relations Act. Under such arrangement, an
amount | 8 | | shall be withheld from each regular payroll period which is | 9 | | equal to
the pro rata share of the annual dues plus any | 10 | | payments or contributions,
and the board shall transmit | 11 | | such withholdings to the specified labor
organization | 12 | | within 10 working days from the time of the withholding;
| 13 | | 19a. Upon receipt of notice from the comptroller of a | 14 | | municipality with
a population of 500,000 or more, a county | 15 | | with a population of 3,000,000 or
more, the Cook County | 16 | | Forest Preserve District, the Chicago Park District, the
| 17 | | Metropolitan Water Reclamation District, the Chicago | 18 | | Transit Authority, or
a housing authority of a municipality | 19 | | with a population of 500,000 or more
that a debt is due and | 20 | | owing the municipality, the county, the Cook County
Forest | 21 | | Preserve District, the Chicago Park District, the | 22 | | Metropolitan Water
Reclamation District, the Chicago | 23 | | Transit Authority, or the housing authority
by an employee | 24 | | of the Chicago Board of Education, to withhold, from the
| 25 | | compensation of that employee, the amount of the debt that | 26 | | is due and owing
and pay the amount withheld to the |
| | | SB3609 | - 14 - | LRB100 21871 RLC 39689 b |
|
| 1 | | municipality, the county, the Cook County
Forest Preserve | 2 | | District, the Chicago Park District, the Metropolitan | 3 | | Water
Reclamation District, the Chicago Transit Authority, | 4 | | or the housing authority;
provided, however, that the | 5 | | amount
deducted from any one salary or wage payment shall | 6 | | not exceed 25% of the net
amount of the payment. Before the | 7 | | Board deducts any amount from any salary or
wage of an | 8 | | employee under this paragraph, the municipality, the | 9 | | county, the
Cook County Forest Preserve District, the | 10 | | Chicago Park District, the
Metropolitan Water Reclamation | 11 | | District, the Chicago Transit Authority, or the
housing | 12 | | authority shall certify that (i) the employee has been | 13 | | afforded an
opportunity for a hearing to dispute the debt | 14 | | that is due and owing the
municipality, the county, the | 15 | | Cook County Forest Preserve District, the Chicago
Park | 16 | | District, the Metropolitan Water Reclamation District, the | 17 | | Chicago Transit
Authority, or the housing authority and | 18 | | (ii) the employee has received notice
of a wage deduction | 19 | | order and has been afforded an opportunity for a hearing to
| 20 | | object to the order. For purposes of this paragraph, "net | 21 | | amount" means that
part of the salary or wage payment | 22 | | remaining after the deduction of any amounts
required by | 23 | | law to be deducted and "debt due and owing" means (i) a | 24 | | specified
sum of money owed to the municipality, the | 25 | | county, the Cook County Forest
Preserve District, the | 26 | | Chicago Park District, the Metropolitan Water
Reclamation |
| | | SB3609 | - 15 - | LRB100 21871 RLC 39689 b |
|
| 1 | | District, the Chicago Transit Authority, or the housing | 2 | | authority
for services, work, or goods, after the period | 3 | | granted for payment has expired,
or (ii) a specified sum of | 4 | | money owed to the municipality, the county, the Cook
County | 5 | | Forest Preserve District, the Chicago Park District, the | 6 | | Metropolitan
Water Reclamation District, the Chicago | 7 | | Transit Authority, or the housing
authority pursuant to a | 8 | | court order or order of an administrative hearing
officer | 9 | | after the exhaustion of, or the failure to exhaust, | 10 | | judicial review;
| 11 | | 20. The board is encouraged to employ a sufficient | 12 | | number of
certified school counselors to maintain a | 13 | | student/counselor ratio of 250 to
1 by July 1, 1990. Each | 14 | | counselor shall spend at least 75% of his work
time in | 15 | | direct contact with students and shall maintain a record of | 16 | | such time;
| 17 | | 21. To make available to students vocational and career
| 18 | | counseling and to establish 5 special career counseling | 19 | | days for students
and parents. On these days | 20 | | representatives of local businesses and
industries shall | 21 | | be invited to the school campus and shall inform students
| 22 | | of career opportunities available to them in the various | 23 | | businesses and
industries. Special consideration shall be | 24 | | given to counseling minority
students as to career | 25 | | opportunities available to them in various fields.
For the | 26 | | purposes of this paragraph, minority student means a person |
| | | SB3609 | - 16 - | LRB100 21871 RLC 39689 b |
|
| 1 | | who is any of the following:
| 2 | | (a) American Indian or Alaska Native (a person having | 3 | | origins in any of the original peoples of North and South | 4 | | America, including Central America, and who maintains | 5 | | tribal affiliation or community attachment). | 6 | | (b) Asian (a person having origins in any of the | 7 | | original peoples of the Far East, Southeast Asia, or the | 8 | | Indian subcontinent, including, but not limited to, | 9 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 10 | | the Philippine Islands, Thailand, and Vietnam). | 11 | | (c) Black or African American (a person having origins | 12 | | in any of the black racial groups of Africa). Terms such as | 13 | | "Haitian" or "Negro" can be used in addition to "Black or | 14 | | African American". | 15 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 16 | | Puerto Rican, South or Central American, or other Spanish | 17 | | culture or origin, regardless of race). | 18 | | (e) Native Hawaiian or Other Pacific Islander (a person | 19 | | having origins in any of the original peoples of Hawaii, | 20 | | Guam, Samoa, or other Pacific Islands).
| 21 | | Counseling days shall not be in lieu of regular school | 22 | | days;
| 23 | | 22. To report to the State Board of Education the | 24 | | annual
student dropout rate and number of students who | 25 | | graduate from, transfer
from or otherwise leave bilingual | 26 | | programs;
|
| | | SB3609 | - 17 - | LRB100 21871 RLC 39689 b |
|
| 1 | | 23. Except as otherwise provided in the Abused and | 2 | | Neglected Child
Reporting Act or other applicable State or | 3 | | federal law, to permit school
officials to withhold, from | 4 | | any person, information on the whereabouts of
any child | 5 | | removed from school premises when the child has been taken | 6 | | into
protective custody as a victim of suspected child | 7 | | abuse. School officials
shall direct such person to the | 8 | | Department of Children and Family Services,
or to the local | 9 | | law enforcement agency if appropriate;
| 10 | | 24. To develop a policy, based on the current state of | 11 | | existing school
facilities, projected enrollment and | 12 | | efficient utilization of available
resources, for capital | 13 | | improvement of schools and school buildings within
the | 14 | | district, addressing in that policy both the relative | 15 | | priority for
major repairs, renovations and additions to | 16 | | school facilities, and the
advisability or necessity of | 17 | | building new school facilities or closing
existing schools | 18 | | to meet current or projected demographic patterns within
| 19 | | the district;
| 20 | | 25. To make available to the students in every high | 21 | | school attendance
center the ability to take all courses | 22 | | necessary to comply with the Board
of Higher Education's | 23 | | college entrance criteria effective in 1993;
| 24 | | 26. To encourage mid-career changes into the teaching | 25 | | profession,
whereby qualified professionals become | 26 | | certified teachers, by allowing
credit for professional |
| | | SB3609 | - 18 - | LRB100 21871 RLC 39689 b |
|
| 1 | | employment in related fields when determining point
of | 2 | | entry on teacher pay scale;
| 3 | | 27. To provide or contract out training programs for | 4 | | administrative
personnel and principals with revised or | 5 | | expanded duties pursuant to this
Act in order to assure | 6 | | they have the knowledge and skills to perform
their duties;
| 7 | | 28. To establish a fund for the prioritized special | 8 | | needs programs, and
to allocate such funds and other lump | 9 | | sum amounts to each attendance center
in a manner | 10 | | consistent with the provisions of part 4 of Section 34-2.3.
| 11 | | Nothing in this paragraph shall be construed to require any | 12 | | additional
appropriations of State funds for this purpose;
| 13 | | 29. (Blank);
| 14 | | 30. Notwithstanding any other provision of this Act or | 15 | | any other law to
the contrary, to contract with third | 16 | | parties for services otherwise performed
by employees, | 17 | | including those in a bargaining unit, and to layoff those
| 18 | | employees upon 14 days written notice to the affected | 19 | | employees. Those
contracts may be for a period not to | 20 | | exceed 5 years and may be awarded on a
system-wide basis. | 21 | | The board may not operate more than 30 contract schools, | 22 | | provided that the board may operate an additional 5 | 23 | | contract turnaround schools pursuant to item (5.5) of | 24 | | subsection (d) of Section 34-8.3 of this Code;
| 25 | | 31. To promulgate rules establishing procedures | 26 | | governing the layoff or
reduction in force of employees and |
| | | SB3609 | - 19 - | LRB100 21871 RLC 39689 b |
|
| 1 | | the recall of such employees, including,
but not limited | 2 | | to, criteria for such layoffs, reductions in force or | 3 | | recall
rights of such employees and the weight to be given | 4 | | to any particular
criterion. Such criteria shall take into | 5 | | account factors including, but not be
limited to, | 6 | | qualifications, certifications, experience, performance | 7 | | ratings or
evaluations, and any other factors relating to | 8 | | an employee's job performance;
| 9 | | 32. To develop a policy to prevent nepotism in the | 10 | | hiring of personnel
or the selection of contractors;
| 11 | | 33. To enter into a partnership agreement, as required | 12 | | by
Section 34-3.5 of this Code, and, notwithstanding any | 13 | | other
provision of law to the contrary, to promulgate | 14 | | policies, enter into
contracts, and take any other action | 15 | | necessary to accomplish the
objectives and implement the | 16 | | requirements of that agreement; and
| 17 | | 34. To establish a Labor Management Council to the | 18 | | board
comprised of representatives of the board, the chief | 19 | | executive
officer, and those labor organizations that are | 20 | | the exclusive
representatives of employees of the board and | 21 | | to promulgate
policies and procedures for the operation of | 22 | | the Council.
| 23 | | 35. To grant written permission to a person who has a | 24 | | Professional Educator License or an Educator
License with | 25 | | Stipulations
granted by the State Superintendent of | 26 | | Education under Article 21B of this Code, other qualified |
| | | SB3609 | - 20 - | LRB100 21871 RLC 39689 b |
|
| 1 | | staff, or a qualified volunteer to carry a firearm if | 2 | | employed as
an educator, other qualified staff, or a | 3 | | qualified volunteer by the school district, while actually | 4 | | engaged in the performance of the duties of his or her | 5 | | employment. The
person must have undergone a psychiatric | 6 | | evaluation as determined by the board and possess a valid | 7 | | license to carry
a concealed firearm in this State under | 8 | | the Firearm Concealed Carry Act. Notwithstanding any other
| 9 | | provisions of law, the school district may not require any | 10 | | educator, other qualified staff, or a qualified volunteer, | 11 | | as a condition of employment, to carry a firearm. The | 12 | | person permitted by the board to carry a firearm shall | 13 | | receive additional training on dealing with children. | 14 | | The specifications of the powers herein granted are not to | 15 | | be
construed as exclusive but the board shall also exercise all | 16 | | other
powers that they may be requisite or proper for the | 17 | | maintenance and the
development of a public school system, not | 18 | | inconsistent with the other
provisions of this Article or | 19 | | provisions of this Code which apply to all
school districts.
| 20 | | In addition to the powers herein granted and authorized to | 21 | | be exercised
by the board, it shall be the duty of the board to | 22 | | review or to direct
independent reviews of special education | 23 | | expenditures and services.
The board shall file a report of | 24 | | such review with the General Assembly on
or before May 1, 1990.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)
|
| | | SB3609 | - 21 - | LRB100 21871 RLC 39689 b |
|
| 1 | | Section 10. The Criminal Code of 2012 is amended by | 2 | | changing Section 24-2 as follows:
| 3 | | (720 ILCS 5/24-2)
| 4 | | Sec. 24-2. Exemptions.
| 5 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 6 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 7 | | the following:
| 8 | | (1) Peace officers, and any person summoned by a peace | 9 | | officer to
assist in making arrests or preserving the | 10 | | peace, while actually engaged in
assisting such officer.
| 11 | | (2) Wardens, superintendents and keepers of prisons,
| 12 | | penitentiaries, jails and other institutions for the | 13 | | detention of persons
accused or convicted of an offense, | 14 | | while in the performance of their
official duty, or while | 15 | | commuting between their homes and places of employment.
| 16 | | (3) Members of the Armed Services or Reserve Forces of | 17 | | the United States
or the Illinois National Guard or the | 18 | | Reserve Officers Training Corps,
while in the performance | 19 | | of their official duty.
| 20 | | (4) Special agents employed by a railroad or a public | 21 | | utility to
perform police functions, and guards of armored | 22 | | car companies, while
actually engaged in the performance of | 23 | | the duties of their employment or
commuting between their | 24 | | homes and places of employment; and watchmen
while actually | 25 | | engaged in the performance of the duties of their |
| | | SB3609 | - 22 - | LRB100 21871 RLC 39689 b |
|
| 1 | | employment.
| 2 | | (5) Persons licensed as private security contractors, | 3 | | private
detectives, or private alarm contractors, or | 4 | | employed by a private security contractor, private | 5 | | detective, or private alarm contractor agency licensed
by | 6 | | the Department of Financial and Professional Regulation, | 7 | | if their duties
include the carrying of a weapon under the | 8 | | provisions of the Private
Detective, Private Alarm,
| 9 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 10 | | 2004,
while actually
engaged in the performance of the | 11 | | duties of their employment or commuting
between their homes | 12 | | and places of employment. A person shall be considered | 13 | | eligible for this
exemption if he or she has completed the | 14 | | required 20
hours of training for a private security | 15 | | contractor, private
detective, or private alarm | 16 | | contractor, or employee of a licensed private security | 17 | | contractor, private detective, or private alarm contractor | 18 | | agency and 20 hours of required firearm
training, and has | 19 | | been issued a firearm control card by
the Department of | 20 | | Financial and Professional Regulation. Conditions for the | 21 | | renewal of
firearm control cards issued under the | 22 | | provisions of this Section
shall be the same as for those | 23 | | cards issued under the provisions of the
Private Detective, | 24 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 25 | | Locksmith Act of 2004. The
firearm control card shall be | 26 | | carried by the private security contractor, private
|
| | | SB3609 | - 23 - | LRB100 21871 RLC 39689 b |
|
| 1 | | detective, or private alarm contractor, or employee of the | 2 | | licensed private security contractor, private detective, | 3 | | or private alarm contractor agency at all
times when he or | 4 | | she is in possession of a concealable weapon permitted by | 5 | | his or her firearm control card.
| 6 | | (6) Any person regularly employed in a commercial or | 7 | | industrial
operation as a security guard for the protection | 8 | | of persons employed
and private property related to such | 9 | | commercial or industrial
operation, while actually engaged | 10 | | in the performance of his or her
duty or traveling between | 11 | | sites or properties belonging to the
employer, and who, as | 12 | | a security guard, is a member of a security force | 13 | | registered with the Department of Financial and | 14 | | Professional
Regulation; provided that such security guard | 15 | | has successfully completed a
course of study, approved by | 16 | | and supervised by the Department of
Financial and | 17 | | Professional Regulation, consisting of not less than 40 | 18 | | hours of training
that includes the theory of law | 19 | | enforcement, liability for acts, and the
handling of | 20 | | weapons. A person shall be considered eligible for this
| 21 | | exemption if he or she has completed the required 20
hours | 22 | | of training for a security officer and 20 hours of required | 23 | | firearm
training, and has been issued a firearm control | 24 | | card by
the Department of Financial and Professional | 25 | | Regulation. Conditions for the renewal of
firearm control | 26 | | cards issued under the provisions of this Section
shall be |
| | | SB3609 | - 24 - | LRB100 21871 RLC 39689 b |
|
| 1 | | the same as for those cards issued under the provisions of | 2 | | the
Private Detective, Private Alarm,
Private Security, | 3 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 4 | | control card shall be carried by the security guard at all
| 5 | | times when he or she is in possession of a concealable | 6 | | weapon permitted by his or her firearm control card.
| 7 | | (7) Agents and investigators of the Illinois | 8 | | Legislative Investigating
Commission authorized by the | 9 | | Commission to carry the weapons specified in
subsections | 10 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 11 | | any investigation for the Commission.
| 12 | | (8) Persons employed by a financial institution as a | 13 | | security guard for the protection of
other employees and | 14 | | property related to such financial institution, while
| 15 | | actually engaged in the performance of their duties, | 16 | | commuting between
their homes and places of employment, or | 17 | | traveling between sites or
properties owned or operated by | 18 | | such financial institution, and who, as a security guard, | 19 | | is a member of a security force registered with the | 20 | | Department; provided that
any person so employed has | 21 | | successfully completed a course of study,
approved by and | 22 | | supervised by the Department of Financial and Professional | 23 | | Regulation,
consisting of not less than 40 hours of | 24 | | training which includes theory of
law enforcement, | 25 | | liability for acts, and the handling of weapons.
A person | 26 | | shall be considered to be eligible for this exemption if he |
| | | SB3609 | - 25 - | LRB100 21871 RLC 39689 b |
|
| 1 | | or
she has completed the required 20 hours of training for | 2 | | a security officer
and 20 hours of required firearm | 3 | | training, and has been issued a
firearm control card by the | 4 | | Department of Financial and Professional Regulation.
| 5 | | Conditions for renewal of firearm control cards issued | 6 | | under the
provisions of this Section shall be the same as | 7 | | for those issued under the
provisions of the Private | 8 | | Detective, Private Alarm,
Private Security, Fingerprint | 9 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 10 | | shall be carried by the security guard at all times when he | 11 | | or she is in possession of a concealable
weapon permitted | 12 | | by his or her firearm control card. For purposes of this | 13 | | subsection, "financial institution" means a
bank, savings | 14 | | and loan association, credit union or company providing
| 15 | | armored car services.
| 16 | | (9) Any person employed by an armored car company to | 17 | | drive an armored
car, while actually engaged in the | 18 | | performance of his duties.
| 19 | | (10) Persons who have been classified as peace officers | 20 | | pursuant
to the Peace Officer Fire Investigation Act.
| 21 | | (11) Investigators of the Office of the State's | 22 | | Attorneys Appellate
Prosecutor authorized by the board of | 23 | | governors of the Office of the
State's Attorneys Appellate | 24 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 25 | | State's Attorneys Appellate Prosecutor's Act.
| 26 | | (12) Special investigators appointed by a State's |
| | | SB3609 | - 26 - | LRB100 21871 RLC 39689 b |
|
| 1 | | Attorney under
Section 3-9005 of the Counties Code.
| 2 | | (12.5) Probation officers while in the performance of | 3 | | their duties, or
while commuting between their homes, | 4 | | places of employment or specific locations
that are part of | 5 | | their assigned duties, with the consent of the chief judge | 6 | | of
the circuit for which they are employed, if they have | 7 | | received weapons training according
to requirements of the | 8 | | Peace Officer and Probation Officer Firearm 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) do not apply | 23 | | to
or affect any person carrying a concealed pistol, revolver, | 24 | | or handgun and the person has been issued a currently valid | 25 | | license under the Firearm Concealed Carry Act at the time of | 26 | | the commission of the offense. |
| | | SB3609 | - 27 - | LRB100 21871 RLC 39689 b |
|
| 1 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 2 | | 24-1.6 do not
apply to or affect
any of the following:
| 3 | | (1) Members of any club or organization organized for | 4 | | the purpose of
practicing shooting at targets upon | 5 | | established target ranges, whether
public or private, and | 6 | | patrons of such ranges, while such members
or patrons are | 7 | | using their firearms on those target ranges.
| 8 | | (2) Duly authorized military or civil organizations | 9 | | while parading,
with the special permission of the | 10 | | Governor.
| 11 | | (3) Hunters, trappers or fishermen with a license or
| 12 | | permit while engaged in hunting,
trapping or fishing.
| 13 | | (4) Transportation of weapons that are broken down in a
| 14 | | non-functioning state or are not immediately accessible.
| 15 | | (5) Carrying or possessing any pistol, revolver, stun | 16 | | gun or taser or other firearm on the land or in the legal | 17 | | dwelling of another person as an invitee with that person's | 18 | | permission. | 19 | | (6) With written permission of the school board, a | 20 | | person who has a Professional Educator License or an | 21 | | Educator
License with Stipulations
granted by the State | 22 | | Superintendent of Education under Article 21B of the School | 23 | | Code, other qualified staff, or a qualified volunteer | 24 | | carrying a firearm if employed as
an educator, other | 25 | | qualified staff, or a qualified volunteer by a school | 26 | | district, while actually engaged in the performance of the |
| | | SB3609 | - 28 - | LRB100 21871 RLC 39689 b |
|
| 1 | | duties of his or her employment. The
person must have | 2 | | undergone a psychiatric evaluation as determined by the | 3 | | school board and possess a valid license to carry
a | 4 | | concealed firearm in this State under the Firearm Concealed | 5 | | Carry Act. Notwithstanding any other
provisions of law, a | 6 | | school district may not require any educator, other | 7 | | qualified staff, or a qualified volunteer, as a condition | 8 | | of employment, to carry a firearm as
authorized under this | 9 | | paragraph (6). The person permitted by the school board to | 10 | | carry a firearm shall receive additional training on | 11 | | dealing with children. | 12 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 13 | | of the
following:
| 14 | | (1) Peace officers while in performance of their | 15 | | official duties.
| 16 | | (2) Wardens, superintendents and keepers of prisons, | 17 | | penitentiaries,
jails and other institutions for the | 18 | | detention of persons accused or
convicted of an offense.
| 19 | | (3) Members of the Armed Services or Reserve Forces of | 20 | | the United States
or the Illinois National Guard, while in | 21 | | the performance of their official
duty.
| 22 | | (4) Manufacture, transportation, or sale of machine | 23 | | guns to persons
authorized under subdivisions (1) through | 24 | | (3) of this subsection to
possess machine guns, if the | 25 | | machine guns are broken down in a
non-functioning state or | 26 | | are not immediately accessible.
|
| | | SB3609 | - 29 - | LRB100 21871 RLC 39689 b |
|
| 1 | | (5) Persons licensed under federal law to manufacture | 2 | | any weapon from
which 8 or more shots or bullets can be | 3 | | discharged by a
single function of the firing device, or | 4 | | ammunition for such weapons, and
actually engaged in the | 5 | | business of manufacturing such weapons or
ammunition, but | 6 | | only with respect to activities which are within the lawful
| 7 | | scope of such business, such as the manufacture, | 8 | | transportation, or testing
of such weapons or ammunition. | 9 | | This exemption does not authorize the
general private | 10 | | possession of any weapon from which 8 or more
shots or | 11 | | bullets can be discharged by a single function of the | 12 | | firing
device, but only such possession and activities as | 13 | | are within the lawful
scope of a licensed manufacturing | 14 | | business described in this paragraph.
| 15 | | During transportation, such weapons shall be broken | 16 | | down in a
non-functioning state or not immediately | 17 | | accessible.
| 18 | | (6) The manufacture, transport, testing, delivery, | 19 | | transfer or sale,
and all lawful commercial or experimental | 20 | | activities necessary thereto, of
rifles, shotguns, and | 21 | | weapons made from rifles or shotguns,
or ammunition for | 22 | | such rifles, shotguns or weapons, where engaged in
by a | 23 | | person operating as a contractor or subcontractor pursuant | 24 | | to a
contract or subcontract for the development and supply | 25 | | of such rifles,
shotguns, weapons or ammunition to the | 26 | | United States government or any
branch of the Armed Forces |
| | | SB3609 | - 30 - | LRB100 21871 RLC 39689 b |
|
| 1 | | of the United States, when such activities are
necessary | 2 | | and incident to fulfilling the terms of such contract.
| 3 | | The exemption granted under this subdivision (c)(6)
| 4 | | shall also apply to any authorized agent of any such | 5 | | contractor or
subcontractor who is operating within the | 6 | | scope of his employment, where
such activities involving | 7 | | such weapon, weapons or ammunition are necessary
and | 8 | | incident to fulfilling the terms of such contract.
| 9 | | (7) A person possessing a rifle with a barrel or | 10 | | barrels less than 16 inches in length if: (A) the person | 11 | | has been issued a Curios and Relics license from the U.S. | 12 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 13 | | the person is an active member of a bona fide, nationally | 14 | | recognized military re-enacting group and the modification | 15 | | is required and necessary to accurately portray the weapon | 16 | | for historical re-enactment purposes; the re-enactor is in | 17 | | possession of a valid and current re-enacting group | 18 | | membership credential; and the overall length of the weapon | 19 | | as modified is not less than 26 inches. | 20 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 21 | | possession
or carrying of a black-jack or slung-shot by a peace | 22 | | officer.
| 23 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 24 | | manager or
authorized employee of any place specified in that | 25 | | subsection nor to any
law enforcement officer.
| 26 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| | | SB3609 | - 31 - | LRB100 21871 RLC 39689 b |
|
| 1 | | Section 24-1.6
do not apply
to members of any club or | 2 | | organization organized for the purpose of practicing
shooting | 3 | | at targets upon established target ranges, whether public or | 4 | | private,
while using their firearms on those target ranges.
| 5 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 6 | | to:
| 7 | | (1) Members of the Armed Services or Reserve Forces of | 8 | | the United
States or the Illinois National Guard, while in | 9 | | the performance of their
official duty.
| 10 | | (2) Bonafide collectors of antique or surplus military | 11 | | ordnance.
| 12 | | (3) Laboratories having a department of forensic | 13 | | ballistics, or
specializing in the development of | 14 | | ammunition or explosive ordnance.
| 15 | | (4) Commerce, preparation, assembly or possession of | 16 | | explosive
bullets by manufacturers of ammunition licensed | 17 | | by the federal government,
in connection with the supply of | 18 | | those organizations and persons exempted
by subdivision | 19 | | (g)(1) of this Section, or like organizations and persons
| 20 | | outside this State, or the transportation of explosive | 21 | | bullets to any
organization or person exempted in this | 22 | | Section by a common carrier or by a
vehicle owned or leased | 23 | | by an exempted manufacturer.
| 24 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 25 | | persons licensed
under federal law to manufacture any device or | 26 | | attachment of any kind designed,
used, or intended for use in |
| | | SB3609 | - 32 - | LRB100 21871 RLC 39689 b |
|
| 1 | | silencing the report of any firearm, firearms, or
ammunition
| 2 | | for those firearms equipped with those devices, and actually | 3 | | engaged in the
business of manufacturing those devices, | 4 | | firearms, or ammunition, but only with
respect to
activities | 5 | | that are within the lawful scope of that business, such as the
| 6 | | manufacture, transportation, or testing of those devices, | 7 | | firearms, or
ammunition. This
exemption does not authorize the | 8 | | general private possession of any device or
attachment of any | 9 | | kind designed, used, or intended for use in silencing the
| 10 | | report of any firearm, but only such possession and activities | 11 | | as are within
the
lawful scope of a licensed manufacturing | 12 | | business described in this subsection
(g-5). During | 13 | | transportation, these devices shall be detached from any weapon
| 14 | | or
not immediately accessible.
| 15 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 16 | | 24-1.6 do not apply to
or affect any parole agent or parole | 17 | | supervisor who meets the qualifications and conditions | 18 | | prescribed in Section 3-14-1.5 of the Unified Code of | 19 | | Corrections. | 20 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 21 | | officer while serving as a member of a tactical response team | 22 | | or special operations team. A peace officer may not personally | 23 | | own or apply for ownership of a device or attachment of any | 24 | | kind designed, used, or intended for use in silencing the | 25 | | report of any firearm. These devices shall be owned and | 26 | | maintained by lawfully recognized units of government whose |
| | | SB3609 | - 33 - | LRB100 21871 RLC 39689 b |
|
| 1 | | duties include the investigation of criminal acts. | 2 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 3 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 4 | | athlete's possession, transport on official Olympic and | 5 | | Paralympic transit systems established for athletes, or use of | 6 | | competition firearms sanctioned by the International Olympic | 7 | | Committee, the International Paralympic Committee, the | 8 | | International Shooting Sport Federation, or USA Shooting in | 9 | | connection with such athlete's training for and participation | 10 | | in shooting competitions at the 2016 Olympic and Paralympic | 11 | | Games and sanctioned test events leading up to the 2016 Olympic | 12 | | and Paralympic Games. | 13 | | (h) An information or indictment based upon a violation of | 14 | | any
subsection of this Article need not negative any exemptions | 15 | | contained in
this Article. The defendant shall have the burden | 16 | | of proving such an
exemption.
| 17 | | (i) Nothing in this Article shall prohibit, apply to, or | 18 | | affect
the transportation, carrying, or possession, of any | 19 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 20 | | to a common carrier operating
under license of the State of | 21 | | Illinois or the federal government, where
such transportation, | 22 | | carrying, or possession is incident to the lawful
| 23 | | transportation in which such common carrier is engaged; and | 24 | | nothing in this
Article shall prohibit, apply to, or affect the | 25 | | transportation, carrying,
or possession of any pistol, | 26 | | revolver, stun gun, taser, or other firearm,
not the subject of |
| | | SB3609 | - 34 - | LRB100 21871 RLC 39689 b |
|
| 1 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 2 | | this Article, which is unloaded and enclosed in a case, firearm
| 3 | | carrying box, shipping box, or other container, by the | 4 | | possessor of a valid
Firearm Owners Identification Card.
| 5 | | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|