Illinois General Assembly - Full Text of HB1155
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Full Text of HB1155  98th General Assembly

HB1155ham038 98TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 3/12/2013

 

 


 

 


 
09800HB1155ham038LRB098 08475 MRW 42941 a

1
AMENDMENT TO HOUSE BILL 1155

2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 2. Legislative determination. It is hereby
5declared as a matter of legislative determination that in order
6to promote and protect the health, safety and welfare of the
7public, it is necessary and in the public interest within the
8State of Illinois to establish a system of handgun
9registration, thereby establishing a practical and workable
10system by which law enforcement authorities will be afforded an
11opportunity to identify the ownership of handguns that have
12been recovered or seized as evidence in connection with a
13criminal offense.
 
14    Section 4. Definitions
15    As used in Sections 2 and 5 of this Act:
16    "Certificate of Handgun Registration" means a certificate

 

 

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1issued by the Illinois Department of State Police under Section
25 of this Act.
3    "Department" means the Department of State Police.
4    "Federally licensed firearm dealer" means a person who is
5licensed as a federal firearms dealer under Section 923 of the
6federal Gun Control Act of 1968 (18 U.S.C. 923).
7    "Firearm" has the same meaning as set forth in Section 1.1
8of the Firearm Owners Identification Card Act.
9    "Handgun" means a firearm designed to be held and fired by
10the use of a single hand.
 
11    Section 5. Certificate of Handgun Registration.
12    (a) No person shall transport or possess a handgun in this
13State without a Certificate of Handgun Registration issued for
14that handgun by the Department of State Police.
15    (b) The provisions of this Section prohibiting a person
16from transporting or possessing a handgun without a Certificate
17of Handgun Registration do not apply to the following:
18        (1) any person who is exempt from the Firearm Owners
19    Identification Card Act under subsection (b) of Section 2
20    of that Act;
21        (2) any person who is exempt from the Firearm Owners
22    Identification Card Act under subsection (c) of Section 2
23    of that Act;
24        (3) a certified member of the Illinois Firearms
25    Manufacturers Association; and

 

 

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1        (4) a federally licensed firearm dealer holding a new
2    handgun for transfer or sale.
3    (c) An applicant for an original or transferred Certificate
4of Handgun Registration shall submit an application to the
5Department, prepared and furnished at convenient locations
6throughout the State or by electronic means. The application
7shall request the following information from the applicant:
8        (1) the applicant's name, address, and telephone
9    number;
10        (2) a copy of the applicant's Illinois Firearm Owner's
11    Identification Card;
12        (3) the name of the manufacturer, the caliber or gauge,
13    the model, the type, and the serial number identification
14    of the handgun to be registered;
15        (4) the source from which the handgun was obtained,
16    including the name and address of the source;
17        (5) the date the handgun was acquired;
18        (6) any other information that the Department shall
19    find reasonably necessary or desirable to effectuate the
20    purposes of this Section and to arrive at a fair
21    determination as to whether the terms of this Section have
22    been complied with; and
23        (7) an affidavit signed by the applicant certifying
24    that the applicant:
25            (A) possesses a valid Firearm Owner's
26        Identification Card;

 

 

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1            (B) as of the date of application, would still be
2        eligible to receive a Firearm Owner's Identification
3        Card from the Department.
4    (d) The Department shall issue an original or transferred
5Certificate of Handgun Registration or shall issue a written
6denial of the application within 30 days after the application
7is received.
8    (e) There is created in the State treasury the Handgun
9Certificate Administration Fund to be used by the Department
10for the administration of handgun registration as required by
11this Section.
12    (f) A nonrefundable application fee of $20 shall be payable
13for each original or transferred Certificate of Handgun
14Registration. All moneys received from this $20 fee shall be
15deposited as follows:
16        (1) $10 to the Handgun Certificate Administration Fund
17    for the administration of handgun registration;
18        (2) $5 to the Illinois LEADS Information and Technology
19    Improvement Fund; and
20        (3) $5 to the National Instant Criminal Background
21    Check System Improvement Fund.
22    (g) A nonrefundable fee of $10 shall be payable for each
23duplicate or replacement Certificate of Handgun Registration.
24All moneys received from this $10 fee shall be deposited into
25the Handgun Certificate Administration Fund for the
26administration of handgun registration.

 

 

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1    (h) Certificates of Handgun Registration shall expire
2every 5 years. The fee for renewal of a Certificate of Handgun
3Registration is $10. All moneys received from this $10 fee
4shall be deposited into the Handgun Certificate Administration
5Fund for the administration of handgun registration.
6    (i) Every person issued a Certificate of Handgun
7Registration shall notify the Department in the manner
8prescribed by the Department within 72 hours of the following:
9        (1) a change in any of the information appearing on the
10    Certificate of Handgun Registration; or
11        (2) the sale, transfer, inheritance, or other
12    disposition of the registered handgun.
13    (j) A person issued a Certificate of Handgun Registration,
14in addition to any other requirements of this Section, shall
15immediately return to the Department his or her Certificate of
16Handgun Registration for any handgun which is lost, stolen,
17destroyed, or otherwise disposed of.
18    (k) If an owner transfers ownership of a handgun, he or she
19shall execute to the transferee, at the time of the delivery of
20the handgun, an assignment of registration in the space
21provided on the Certificate of Handgun Registration, and shall
22cause the certificate and assignment to be delivered to the
23transferee.
24    (k-5) In the case of a federally licensed firearm dealer
25making a sale of a new handgun, the dealer shall submit the
26application described in subsection (c) of this Section along

 

 

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1with the required fee to the Department on the purchaser's
2behalf within 20 days from the date of sale. If the purchaser
3does not receive an original Certificate of Handgun
4Registration or a written denial of the application submitted
5on his or her behalf by the dealer within 50 days from the date
6of purchase, the purchaser shall inquire to the Department
7regarding the status of his or her application.
8    (l) Within 20 days after the delivery to a transferee of a
9handgun or the delivery of the certificate and assignment,
10whichever occurs sooner, the transferee shall execute the
11application for a new Certificate of Handgun Registration in
12the space provided on the certificate and cause the certificate
13and application to be mailed or delivered to the Department.
14    (m) No transferee shall knowingly accept ownership of a
15handgun from a transferor who has failed to obtain a
16Certificate of Handgun Registration in violation of this
17Section, or who fails to execute an assignment of registration
18to the transferee as required by subsection (k) of this
19Section.
20    (n) Any person who accepts delivery of a handgun that has
21not been previously registered and assigned to the transferee
22shall file an application for an original Certificate of
23Handgun Registration within 20 days after taking possession of
24the handgun. Any person who owns a handgun on the effective
25date of this Act shall file an application for an original
26Certificate of Handgun Registration not later than 90 days

 

 

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1after the effective date of this Act.
2    (o) Transfer of ownership of a registered handgun shall not
3be considered complete until the transferee has complied with
4subsection (l) of this Section, provided that a transferor who
5has complied with subsection (k) of this Section, and has
6complied with the requirements of Section 3 and 3.1 of the
7Firearm Owners Identification Card Act, if applicable, shall
8not be liable as an owner by virtue of the transferee's failure
9to comply with subsection (l) for damages arising out of use of
10the handgun.
11    (p) The Department has authority to deny an application for
12or to revoke and seize a Certificate of Handgun Registration
13previously issued under this Section if the Department finds
14that:
15        (1) the person does not possess a valid Firearm Owner's
16    Identification Card;
17        (2) false or misleading information was submitted to
18    the Department in connection with the application; or
19        (3) the handgun is unlawful for the applicant to own.
20    (q) The Department of State Police and local law
21enforcement may exchange any information that is necessary for
22the proper administration of this Section unless the exchange
23is specifically prohibited by State or federal law.
24    (r) Whenever an application for a Certificate of Handgun
25Registration is denied, whenever the Department fails to act on
26an application within 30 days of its receipt, or whenever a

 

 

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1certificate is revoked or seized, the aggrieved party may
2appeal to the Director of the Department of State Police for a
3hearing upon the denial, failure to act, revocation, or
4seizure, unless the denial, failure to act, revocation, or
5seizure was based upon a forcible felony, stalking, aggravated
6stalking, domestic battery, any violation of the Illinois
7Controlled Substances Act, the Methamphetamine Control and
8Community Protection Act, or the Cannabis Control Act that is
9classified as a Class 2 or greater felony, any felony violation
10of Article 24 of the Criminal Code of 2012, or any adjudication
11as a delinquent minor for the commission of an offense that if
12committed by an adult would be a felony, in which case the
13aggrieved party may petition the circuit court in writing in
14the county of his or her residence for a hearing upon the
15denial, failure to act, revocation, or seizure.
16        (1) At least 30 days before any hearing in the circuit
17    court, the petitioner shall serve the appropriate State's
18    Attorney with a copy of the petition. The State's Attorney
19    may object to the petition and present evidence. At the
20    hearing the court shall determine whether substantial
21    justice has been done. Should the court determine that
22    substantial justice has not been done, the court shall
23    issue an order directing the Department of State Police to
24    issue a Certificate of Handgun Registration.
25        (2) Any person prohibited from possessing a handgun
26    under Sections 24-1.1 or 24-3.1 of the Criminal Code of

 

 

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1    2012 or acquiring a Certificate of Handgun Registration
2    under this Section may apply to the Director of the
3    Department of State Police or petition the circuit court in
4    the county where the petitioner resides, whichever is
5    applicable in accordance with this subsection (r),
6    requesting relief from the prohibition and the Director or
7    court may grant this relief if it is established by the
8    applicant to the court's or Director's satisfaction that:
9            (A) when in the circuit court, the State's Attorney
10        has been served with a written copy of the petition at
11        least 30 days before any hearing in the circuit court
12        and at the hearing the State's Attorney was afforded an
13        opportunity to present evidence and object to the
14        petition;
15            (B) the applicant has not been convicted of a
16        forcible felony under the laws of this State or any
17        other jurisdiction within 20 years of the applicant's
18        application for a Certificate of Handgun Registration,
19        or at least 20 years have passed since the end of any
20        period of imprisonment imposed in relation to that
21        conviction;
22            (C) the circumstances regarding a criminal
23        conviction, where applicable, the applicant's criminal
24        history and his or her reputation are such that the
25        applicant will not be likely to act in a manner
26        dangerous to public safety; and

 

 

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1            (D) granting relief would not be contrary to the
2        public interest.
3        (3) When a minor is adjudicated delinquent for an
4    offense which if committed by an adult would be a felony,
5    the court shall notify the Department of State Police.
6        (4) The court shall review the denial of an application
7    or the revocation of a Certificate of Handgun Registration
8    of a person who has been adjudicated delinquent for an
9    offense that if committed by an adult would be a felony if
10    an application for relief has been filed at least 10 years
11    after the adjudication of delinquency and the court
12    determines that the applicant should be granted relief from
13    disability to obtain a Certificate of Handgun
14    Registration. If the court grants relief, the court shall
15    notify the Department that the disability has been removed
16    and that the applicant is eligible to obtain a Certificate
17    of Handgun Registration.
18        (5) Any person who is prohibited from possessing a
19    handgun under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
20    federal Gun Control Act of 1968 may apply to the Department
21    of State Police requesting relief from the prohibition and
22    the Director shall grant this relief if it is established
23    to the Director's satisfaction that the person will not be
24    likely to act in a manner dangerous to public safety and
25    granting relief would not be contrary to the public
26    interest.

 

 

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1    (s) Notwithstanding any other provision of law, including
2the Freedom of Information Act, it is the public policy of this
3State that the names and information of persons who have
4applied for or received Certificates of Handgun Registration
5under this Section are considered private and shall not be
6disclosed. No State or local law enforcement agency shall
7provide the names and information of holders of or applicants
8for Certificates of Handgun Registration, except that the
9Department may provide confirmation that a person has or has
10not been issued, applied for, or denied a Certificate of
11Handgun Registration in connection with a criminal
12investigation.
13    (t) The Department of State Police may perform its duties
14under this Act through the Department's Firearm Owner's
15Identification Card Office.
16    (u) Altered, forged or counterfeit Certificate of Handgun
17Registration.
18        (1) Any person who forges or materially alters a
19    Certificate of Handgun Registration or who counterfeits a
20    Certificate of Handgun Registration commits a Class 2
21    felony.
22        (2) Any person who knowingly possesses a forged or
23    materially altered Certificate of Handgun Registration
24    with the intent to use it commits a Class 2 felony.
25        (3) A person who possesses a Certificate of Handgun
26    Registration with knowledge that it is counterfeit commits

 

 

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1    a Class 2 felony.
2    (v) Certificate of Handgun Registration and handgun
3transfer violations.
4        (1) Any person who transports or possesses a handgun
5    without a current Certificate of Handgun Registration
6    commits a Class 2 felony.
7        (2) Any person who knowingly enters false or misleading
8    information or who submits false or misleading evidence in
9    connection with the application described in subsection
10    (c) of this Section commits a Class 2 felony.
11        (3) Any person who sells, transfers, or otherwise
12    disposes of his or her registered handgun and does not
13    notify the Department of that sale, transfer, or
14    disposition within the timelines in this Section commits a
15    Class A misdemeanor.
16        (4) Any federally licensed dealer who does not submit
17    an application on behalf of a purchaser in accordance with
18    subsection (k-5) of this Section commits a Class A
19    misdemeanor.
 
20    Section 800. The Freedom of Information Act is amended by
21changing Section 7.5 as follows:
 
22    (5 ILCS 140/7.5)
23    Sec. 7.5. Statutory Exemptions. To the extent provided for
24by the statutes referenced below, the following shall be exempt

 

 

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1from inspection and copying:
2    (a) All information determined to be confidential under
3Section 4002 of the Technology Advancement and Development Act.
4    (b) Library circulation and order records identifying
5library users with specific materials under the Library Records
6Confidentiality Act.
7    (c) Applications, related documents, and medical records
8received by the Experimental Organ Transplantation Procedures
9Board and any and all documents or other records prepared by
10the Experimental Organ Transplantation Procedures Board or its
11staff relating to applications it has received.
12    (d) Information and records held by the Department of
13Public Health and its authorized representatives relating to
14known or suspected cases of sexually transmissible disease or
15any information the disclosure of which is restricted under the
16Illinois Sexually Transmissible Disease Control Act.
17    (e) Information the disclosure of which is exempted under
18Section 30 of the Radon Industry Licensing Act.
19    (f) Firm performance evaluations under Section 55 of the
20Architectural, Engineering, and Land Surveying Qualifications
21Based Selection Act.
22    (g) Information the disclosure of which is restricted and
23exempted under Section 50 of the Illinois Prepaid Tuition Act.
24    (h) Information the disclosure of which is exempted under
25the State Officials and Employees Ethics Act, and records of
26any lawfully created State or local inspector general's office

 

 

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1that would be exempt if created or obtained by an Executive
2Inspector General's office under that Act.
3    (i) Information contained in a local emergency energy plan
4submitted to a municipality in accordance with a local
5emergency energy plan ordinance that is adopted under Section
611-21.5-5 of the Illinois Municipal Code.
7    (j) Information and data concerning the distribution of
8surcharge moneys collected and remitted by wireless carriers
9under the Wireless Emergency Telephone Safety Act.
10    (k) Law enforcement officer identification information or
11driver identification information compiled by a law
12enforcement agency or the Department of Transportation under
13Section 11-212 of the Illinois Vehicle Code.
14    (l) Records and information provided to a residential
15health care facility resident sexual assault and death review
16team or the Executive Council under the Abuse Prevention Review
17Team Act.
18    (m) Information provided to the predatory lending database
19created pursuant to Article 3 of the Residential Real Property
20Disclosure Act, except to the extent authorized under that
21Article.
22    (n) Defense budgets and petitions for certification of
23compensation and expenses for court appointed trial counsel as
24provided under Sections 10 and 15 of the Capital Crimes
25Litigation Act. This subsection (n) shall apply until the
26conclusion of the trial of the case, even if the prosecution

 

 

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1chooses not to pursue the death penalty prior to trial or
2sentencing.
3    (o) Information that is prohibited from being disclosed
4under Section 4 of the Illinois Health and Hazardous Substances
5Registry Act.
6    (p) Security portions of system safety program plans,
7investigation reports, surveys, schedules, lists, data, or
8information compiled, collected, or prepared by or for the
9Regional Transportation Authority under Section 2.11 of the
10Regional Transportation Authority Act or the St. Clair County
11Transit District under the Bi-State Transit Safety Act.
12    (q) Information prohibited from being disclosed by the
13Personnel Records Review Act.
14    (r) Information prohibited from being disclosed by the
15Illinois School Student Records Act.
16    (s) Information the disclosure of which is restricted under
17Section 5-108 of the Public Utilities Act.
18    (t) All identified or deidentified health information in
19the form of health data or medical records contained in, stored
20in, submitted to, transferred by, or released from the Illinois
21Health Information Exchange, and identified or deidentified
22health information in the form of health data and medical
23records of the Illinois Health Information Exchange in the
24possession of the Illinois Health Information Exchange
25Authority due to its administration of the Illinois Health
26Information Exchange. The terms "identified" and

 

 

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1"deidentified" shall be given the same meaning as in the Health
2Insurance Accountability and Portability Act of 1996, Public
3Law 104-191, or any subsequent amendments thereto, and any
4regulations promulgated thereunder.
5    (u) Records and information provided to an independent team
6of experts under Brian's Law.
7    (v) Names and information of people who have applied for or
8received Firearm Owner's Identification Cards or Certificates
9of Handgun Registration under the Firearm Owners
10Identification Card Act and the Family and Personal Protection
11Act.
12    (w) Personally identifiable information which is exempted
13from disclosure under subsection (g) of Section 19.1 of the
14Toll Highway Act.
15    (x) Information which is exempted from disclosure under
16Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
17Illinois Municipal Code.
18(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1996-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
208-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
21eff. 1-1-13.)
 
22    Section 801. The Department of State Police Law of the
23Civil Administrative Code of Illinois is amended by changing
24Sections 2605-45 and 2605-120 as follows:
 

 

 

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1    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
2    Sec. 2605-45. Division of Administration. The Division of
3Administration shall exercise the following functions:
4        (1) Exercise the rights, powers, and duties vested in
5    the Department by the Governor's Office of Management and
6    Budget Act.
7        (2) Pursue research and the publication of studies
8    pertaining to local law enforcement activities.
9        (3) Exercise the rights, powers, and duties vested in
10    the Department by the Personnel Code.
11        (4) Operate an electronic data processing and computer
12    center for the storage and retrieval of data pertaining to
13    criminal activity.
14        (5) Exercise the rights, powers, and duties vested in
15    the former Division of State Troopers by Section 17 of the
16    State Police Act.
17        (6) Exercise the rights, powers, and duties vested in
18    the Department by "An Act relating to internal auditing in
19    State government", approved August 11, 1967 (repealed; now
20    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
21        (6.5) Exercise the rights, powers, and duties vested in
22    the Department by the Firearm Owners Identification Card
23    Act and the Family and Personal Protection Act.
24        (7) Exercise other duties that may be assigned by the
25    Director to fulfill the responsibilities and achieve the
26    purposes of the Department.

 

 

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1(Source: P.A. 94-793, eff. 5-19-06.)
 
2    (20 ILCS 2605/2605-120)  (was 20 ILCS 2605/55a in part)
3    Sec. 2605-120. Firearm Owners Identification Card Act and
4the Family and Personal Protection Act. To exercise the rights,
5powers, and duties that have been vested in the Department of
6Public Safety by the Firearm Owners Identification Card Act and
7the Family and Personal Protection Act.
8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
9eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
10eff. 8-14-98; 91-239, eff. 1-1-00.)
 
11    Section 802. The Criminal Identification Act is amended by
12changing Section 2.2 as follows:
 
13    (20 ILCS 2630/2.2)
14    Sec. 2.2. Notification to the Department. Upon judgment of
15conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
17Code of 2012 when the defendant has been determined, pursuant
18to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
19to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
20circuit court clerk shall include notification and a copy of
21the written determination in a report of the conviction to the
22Department of State Police Firearm Owner's Identification Card
23Office to enable the office to perform its duties under

 

 

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1Sections 4 and 8 of the Firearm Owners Identification Card Act
2and Section 5 of the Family and Personal Protection Act and to
3report that determination to the Federal Bureau of
4Investigation to assist the Bureau in identifying persons
5prohibited from purchasing and possessing a firearm pursuant to
6the provisions of 18 U.S.C. 922. The written determination
7described in this Section shall be included in the defendant's
8record of arrest and conviction in the manner and form
9prescribed by the Department of State Police.
10(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
11    Section 803. The State Finance Act is amended by adding
12Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows:
 
13    (30 ILCS 105/5.826 new)
14    Sec. 5.826. The Handgun Certificate Administration Fund.
 
15    (30 ILCS 105/5.827 new)
16    Sec. 5.827. The National Instant Criminal Background Check
17System Improvement Fund.
 
18    (30 ILCS 105/5.828 new)
19    Sec. 5.828. The Illinois LEADS Information and Technology
20Improvement Fund.
 
21    (30 ILCS 105/6z-98 new)

 

 

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1    Sec. 6z-98. National Instant Criminal Background Check
2System Improvement Fund.
3    (a) There is created in the State treasury a special fund
4known as National Instant Criminal Background Check System
5Improvement Fund. The Fund shall receive revenue under Section
65 of the Family and Personal Protection Act. The Fund may also
7receive revenue from grants, donations, appropriations, and
8any other legal source.
9    (b) The Department of State Police shall use moneys in the
10Fund to perform its duties and responsibilities under
11subsection (e) of Section 3.1 of the Firearm Owners
12Identification Card Act and Section 5 of the Family and
13Personal Protection Act.
14    (c) Expenditures may be made from the Fund only as
15appropriated by the General Assembly by law.
16    (d) Investment income that is attributable to the
17investment of moneys in the Fund shall be retained in the Fund
18for the uses specified in this Section.
19    (e) The Fund shall not be subject to administrative
20chargebacks.
 
21    (30 ILCS 105/6z-99 new)
22    Sec. 6z-99. Illinois LEADS Information and Technology
23Improvement Fund.
24    (a) There is created in the State treasury a special fund
25known as the Illinois LEADS Information and Technology

 

 

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1Improvement Fund. The Fund shall receive revenue under Section
25 of the Family and Personal Protection Act. The Fund may also
3receive revenue from grants, donations, appropriations, and
4any other legal source.
5    (b) The Department of State Police shall use the moneys in
6the Fund to update and improve the technology used for the Law
7Enforcement Agencies Data System (LEADS) system. The Fund shall
8also be used to support the Department's responsibilities in
9managing background checks and public safety record-keeping.
10    (c) Moneys in the Fund shall also be used to fund grants
11made available to local law enforcement to support their
12technological infrastructure.
13    (d) Expenditures may be made from the Fund only as
14appropriated by the General Assembly by law.
15    (e) Investment income that is attributable to the
16investment of moneys in the Fund shall be retained in the Fund
17for the uses specified in this Section.
18    (f) The Fund shall not be subject to administrative
19chargebacks.
 
20    Section 804. The Firearm Owners Identification Card Act is
21amended by changing Sections 3 and 3.1 as follows:
 
22    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
23    Sec. 3. (a) Except as provided in Section 3a, no person may
24knowingly transfer, or cause to be transferred, any firearm,

 

 

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1firearm ammunition, stun gun, or taser to any person within
2this State unless the transferee with whom he deals displays a
3currently valid Firearm Owner's Identification Card which has
4previously been issued in his name by the Department of State
5Police under the provisions of this Act. In addition, all
6firearm, stun gun, and taser transfers by federally licensed
7firearm dealers are subject to Section 3.1. In addition, the
8transferor and transferee of a handgun shall be subject to
9Section 5 of the Family and Personal Protection Act regardless
10of whether the transferor is a federally licensed firearm
11dealer.
12    (a-5) Any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm while that
14person is on the grounds of a gun show must, before selling or
15transferring the firearm, request the Department of State
16Police to conduct a background check on the prospective
17recipient of the firearm in accordance with Section 3.1.
18Whenever a person who is exempt from Section 5 of the Family
19and Personal Protection Act transfers a handgun to a person who
20is not exempt, the transferor shall notify the Department of
21State Police of the transfer, on a form or in a manner
22prescribed by the Department, within 10 days after the
23transfer.
24    (b) Any person within this State who transfers or causes to
25be transferred any firearm, stun gun, or taser shall keep a
26record of such transfer for a period of 10 years from the date

 

 

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1of transfer. Such record shall contain the date of the
2transfer; the description, serial number or other information
3identifying the firearm, stun gun, or taser if no serial number
4is available; and, if the transfer was completed within this
5State, the transferee's Firearm Owner's Identification Card
6number. On or after January 1, 2006, the record shall contain
7the date of application for transfer of the firearm. On demand
8of a peace officer such transferor shall produce for inspection
9such record of transfer. If the transfer or sale took place at
10a gun show, the record shall include the unique identification
11number. Failure to record the unique identification number is a
12petty offense.
13    (b-5) Any resident may purchase ammunition from a person
14within or outside of Illinois if shipment is by United States
15mail or by a private express carrier authorized by federal law
16to ship ammunition. Any resident purchasing ammunition within
17or outside the State of Illinois must provide the seller with a
18copy of his or her valid Firearm Owner's Identification Card
19and either his or her Illinois driver's license or Illinois
20State Identification Card prior to the shipment of the
21ammunition. The ammunition may be shipped only to an address on
22either of those 2 documents.
23    (c) The provisions of this Section regarding the transfer
24of firearm ammunition shall not apply to those persons
25specified in paragraph (b) of Section 2 of this Act.
26(Source: P.A. 97-1135, eff. 12-4-12.)
 

 

 

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1    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
2    Sec. 3.1. Dial up system.
3    (a) The Department of State Police shall provide a dial up
4telephone system or utilize other existing technology which
5shall be used by any federally licensed firearm dealer, gun
6show promoter, or gun show vendor who is to transfer a firearm,
7stun gun, or taser under the provisions of this Act. The
8Department of State Police may utilize existing technology
9which allows the caller to be charged a fee not to exceed $2.
10Fees collected by the Department of State Police shall be
11deposited in the State Police Services Fund and used to provide
12the service.
13    (b) Upon receiving a request from a federally licensed
14firearm dealer, gun show promoter, or gun show vendor, the
15Department of State Police shall immediately approve, or within
16the time period established by Section 24-3 of the Criminal
17Code of 2012 regarding the delivery of firearms, stun guns, and
18tasers notify the inquiring dealer, gun show promoter, or gun
19show vendor of any objection that would disqualify the
20transferee from acquiring or possessing a firearm, stun gun, or
21taser. In conducting the inquiry, the Department of State
22Police shall initiate and complete an automated search of its
23criminal history record information files and those of the
24Federal Bureau of Investigation, including the National
25Instant Criminal Background Check System, and of the files of

 

 

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1the Department of Human Services relating to mental health and
2developmental disabilities to obtain any felony conviction or
3patient hospitalization information which would disqualify a
4person from obtaining or require revocation of a currently
5valid Firearm Owner's Identification Card.
6    (c) If receipt of a firearm would not violate Section 24-3
7of the Criminal Code of 2012, federal law, or this Act the
8Department of State Police shall:
9        (1) assign a unique identification number to the
10    transfer; and
11        (2) provide the licensee, gun show promoter, or gun
12    show vendor with the number.
13    (d) Approvals issued by the Department of State Police for
14the purchase of a firearm are valid for 30 days from the date
15of issue.
16    (e) (1) The Department of State Police must act as the
17Illinois Point of Contact for the National Instant Criminal
18Background Check System.
19    (2) The Department of State Police and the Department of
20Human Services shall, in accordance with State and federal law
21regarding confidentiality, enter into a memorandum of
22understanding with the Federal Bureau of Investigation for the
23purpose of implementing the National Instant Criminal
24Background Check System in the State. The Department of State
25Police shall report the name, date of birth, and physical
26description of any person prohibited from possessing a firearm

 

 

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1pursuant to the Firearm Owners Identification Card Act or 18
2U.S.C. 922(g) and (n) to the National Instant Criminal
3Background Check System Index, Denied Persons Files. The
4Department of State Police shall implement a program to
5distribute grant moneys, with funds appropriated for that
6purpose, to units of local government to facilitate
7participation in the National Instant Criminal Background
8Check System by their enforcement agencies.
9    (f) The Department of State Police shall promulgate rules
10not inconsistent with this Section to implement this system.
11(Source: P.A. 97-1150, eff. 1-25-13.)
 
12    Section 805. The Criminal Code of 2012 is amended by
13changing Sections 24-1.1 and 24-3.4 as follows:
 
14    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
15    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
16Felons or Persons in the Custody of the Department of
17Corrections Facilities.
18    (a) It is unlawful for a person to knowingly possess on or
19about his person or on his land or in his own abode or fixed
20place of business any weapon prohibited under Section 24-1 of
21this Act or any firearm or any firearm ammunition if the person
22has been convicted of a felony under the laws of this State or
23any other jurisdiction. This Section shall not apply if the
24person has been granted relief by the Director of the

 

 

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1Department of State Police under Section 10 of the Firearm
2Owners Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section by a person not
16confined in a penal institution shall be a Class 3 felony for
17which the person shall be sentenced to no less than 2 years and
18no more than 10 years and any second or subsequent violation
19shall be a Class 2 felony for which the person shall be
20sentenced to a term of imprisonment of not less than 3 years
21and not more than 14 years. Violation of this Section by a
22person not confined in a penal institution who has been
23convicted of a forcible felony, a felony violation of Article
2424 of this Code or of the Firearm Owners Identification Card
25Act or of Section 5 of the Family and Personal Protection Act,
26stalking or aggravated stalking, or a Class 2 or greater felony

 

 

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1under the Illinois Controlled Substances Act, the Cannabis
2Control Act, or the Methamphetamine Control and Community
3Protection Act is a Class 2 felony for which the person shall
4be sentenced to not less than 3 years and not more than 14
5years. Violation of this Section by a person who is on parole
6or mandatory supervised release is a Class 2 felony for which
7the person shall be sentenced to not less than 3 years and not
8more than 14 years. Violation of this Section by a person not
9confined in a penal institution is a Class X felony when the
10firearm possessed is a machine gun. Any person who violates
11this Section while confined in a penal institution, which is a
12facility of the Illinois Department of Corrections, is guilty
13of a Class 1 felony, if he possesses any weapon prohibited
14under Section 24-1 of this Code regardless of the intent with
15which he possesses it, a Class X felony if he possesses any
16firearm, firearm ammunition or explosive, and a Class X felony
17for which the offender shall be sentenced to not less than 12
18years and not more than 50 years when the firearm possessed is
19a machine gun. A violation of this Section while wearing or in
20possession of body armor as defined in Section 33F-1 is a Class
21X felony punishable by a term of imprisonment of not less than
2210 years and not more than 40 years. The possession of each
23firearm or firearm ammunition in violation of this Section
24constitutes a single and separate violation.
25(Source: P.A. 97-237, eff. 1-1-12.)
 

 

 

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1    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
2    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
3    (a) It shall be unlawful for any person who holds a license
4to sell at retail any alcoholic liquor issued by the Illinois
5Liquor Control Commission or local liquor control commissioner
6under the Liquor Control Act of 1934 or an agent or employee of
7the licensee to sell or deliver to any other person a firearm
8in or on the real property of the establishment where the
9licensee is licensed to sell alcoholic liquors unless the sale
10or delivery of the firearm is otherwise lawful under this
11Article and under the Firearm Owners Identification Card Act
12and Section 5 of the Family and Personal Protection Act.
13    (b) Sentence. A violation of subsection (a) of this Section
14is a Class 4 felony.
15(Source: P.A. 87-591.)
 
16    Section 806. The Unified Code of Corrections is amended by
17changing Section 5-5-3.2 as follows:
 
18    (730 ILCS 5/5-5-3.2)
19    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
20Sentencing.
21    (a) The following factors shall be accorded weight in favor
22of imposing a term of imprisonment or may be considered by the
23court as reasons to impose a more severe sentence under Section
245-8-1 or Article 4.5 of Chapter V:

 

 

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1        (1) the defendant's conduct caused or threatened
2    serious harm;
3        (2) the defendant received compensation for committing
4    the offense;
5        (3) the defendant has a history of prior delinquency or
6    criminal activity;
7        (4) the defendant, by the duties of his office or by
8    his position, was obliged to prevent the particular offense
9    committed or to bring the offenders committing it to
10    justice;
11        (5) the defendant held public office at the time of the
12    offense, and the offense related to the conduct of that
13    office;
14        (6) the defendant utilized his professional reputation
15    or position in the community to commit the offense, or to
16    afford him an easier means of committing it;
17        (7) the sentence is necessary to deter others from
18    committing the same crime;
19        (8) the defendant committed the offense against a
20    person 60 years of age or older or such person's property;
21        (9) the defendant committed the offense against a
22    person who is physically handicapped or such person's
23    property;
24        (10) by reason of another individual's actual or
25    perceived race, color, creed, religion, ancestry, gender,
26    sexual orientation, physical or mental disability, or

 

 

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1    national origin, the defendant committed the offense
2    against (i) the person or property of that individual; (ii)
3    the person or property of a person who has an association
4    with, is married to, or has a friendship with the other
5    individual; or (iii) the person or property of a relative
6    (by blood or marriage) of a person described in clause (i)
7    or (ii). For the purposes of this Section, "sexual
8    orientation" means heterosexuality, homosexuality, or
9    bisexuality;
10        (11) the offense took place in a place of worship or on
11    the grounds of a place of worship, immediately prior to,
12    during or immediately following worship services. For
13    purposes of this subparagraph, "place of worship" shall
14    mean any church, synagogue or other building, structure or
15    place used primarily for religious worship;
16        (12) the defendant was convicted of a felony committed
17    while he was released on bail or his own recognizance
18    pending trial for a prior felony and was convicted of such
19    prior felony, or the defendant was convicted of a felony
20    committed while he was serving a period of probation,
21    conditional discharge, or mandatory supervised release
22    under subsection (d) of Section 5-8-1 for a prior felony;
23        (13) the defendant committed or attempted to commit a
24    felony while he was wearing a bulletproof vest. For the
25    purposes of this paragraph (13), a bulletproof vest is any
26    device which is designed for the purpose of protecting the

 

 

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1    wearer from bullets, shot or other lethal projectiles;
2        (14) the defendant held a position of trust or
3    supervision such as, but not limited to, family member as
4    defined in Section 11-0.1 of the Criminal Code of 2012,
5    teacher, scout leader, baby sitter, or day care worker, in
6    relation to a victim under 18 years of age, and the
7    defendant committed an offense in violation of Section
8    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
9    11-14.4 except for an offense that involves keeping a place
10    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
12    or 12-16 of the Criminal Code of 1961 or the Criminal Code
13    of 2012 against that victim;
14        (15) the defendant committed an offense related to the
15    activities of an organized gang. For the purposes of this
16    factor, "organized gang" has the meaning ascribed to it in
17    Section 10 of the Streetgang Terrorism Omnibus Prevention
18    Act;
19        (16) the defendant committed an offense in violation of
20    one of the following Sections while in a school, regardless
21    of the time of day or time of year; on any conveyance
22    owned, leased, or contracted by a school to transport
23    students to or from school or a school related activity; on
24    the real property of a school; or on a public way within
25    1,000 feet of the real property comprising any school:
26    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

 

 

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1    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
2    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
3    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
4    18-2, or 33A-2, or Section 12-3.05 except for subdivision
5    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
6    Criminal Code of 2012;
7        (16.5) the defendant committed an offense in violation
8    of one of the following Sections while in a day care
9    center, regardless of the time of day or time of year; on
10    the real property of a day care center, regardless of the
11    time of day or time of year; or on a public way within
12    1,000 feet of the real property comprising any day care
13    center, regardless of the time of day or time of year:
14    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
15    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
16    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
17    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18    18-2, or 33A-2, or Section 12-3.05 except for subdivision
19    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
20    Criminal Code of 2012;
21        (17) the defendant committed the offense by reason of
22    any person's activity as a community policing volunteer or
23    to prevent any person from engaging in activity as a
24    community policing volunteer. For the purpose of this
25    Section, "community policing volunteer" has the meaning
26    ascribed to it in Section 2-3.5 of the Criminal Code of

 

 

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1    2012;
2        (18) the defendant committed the offense in a nursing
3    home or on the real property comprising a nursing home. For
4    the purposes of this paragraph (18), "nursing home" means a
5    skilled nursing or intermediate long term care facility
6    that is subject to license by the Illinois Department of
7    Public Health under the Nursing Home Care Act, the
8    Specialized Mental Health Rehabilitation Act, or the ID/DD
9    Community Care Act;
10        (19) the defendant was a federally licensed firearm
11    dealer and was previously convicted of a violation of
12    subsection (a) of Section 3 of the Firearm Owners
13    Identification Card Act or Section 5 of the Family and
14    Personal Protection Act and has now committed either a
15    felony violation of the Firearm Owners Identification Card
16    Act or Section 5 of the Family and Personal Protection Act
17    or an act of armed violence while armed with a firearm;
18        (20) the defendant (i) committed the offense of
19    reckless homicide under Section 9-3 of the Criminal Code of
20    1961 or the Criminal Code of 2012 or the offense of driving
21    under the influence of alcohol, other drug or drugs,
22    intoxicating compound or compounds or any combination
23    thereof under Section 11-501 of the Illinois Vehicle Code
24    or a similar provision of a local ordinance and (ii) was
25    operating a motor vehicle in excess of 20 miles per hour
26    over the posted speed limit as provided in Article VI of

 

 

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1    Chapter 11 of the Illinois Vehicle Code;
2        (21) the defendant (i) committed the offense of
3    reckless driving or aggravated reckless driving under
4    Section 11-503 of the Illinois Vehicle Code and (ii) was
5    operating a motor vehicle in excess of 20 miles per hour
6    over the posted speed limit as provided in Article VI of
7    Chapter 11 of the Illinois Vehicle Code;
8        (22) the defendant committed the offense against a
9    person that the defendant knew, or reasonably should have
10    known, was a member of the Armed Forces of the United
11    States serving on active duty. For purposes of this clause
12    (22), the term "Armed Forces" means any of the Armed Forces
13    of the United States, including a member of any reserve
14    component thereof or National Guard unit called to active
15    duty;
16        (23) the defendant committed the offense against a
17    person who was elderly, disabled, or infirm by taking
18    advantage of a family or fiduciary relationship with the
19    elderly, disabled, or infirm person;
20        (24) the defendant committed any offense under Section
21    11-20.1 of the Criminal Code of 1961 or the Criminal Code
22    of 2012 and possessed 100 or more images;
23        (25) the defendant committed the offense while the
24    defendant or the victim was in a train, bus, or other
25    vehicle used for public transportation;
26        (26) the defendant committed the offense of child

 

 

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1    pornography or aggravated child pornography, specifically
2    including paragraph (1), (2), (3), (4), (5), or (7) of
3    subsection (a) of Section 11-20.1 of the Criminal Code of
4    1961 or the Criminal Code of 2012 where a child engaged in,
5    solicited for, depicted in, or posed in any act of sexual
6    penetration or bound, fettered, or subject to sadistic,
7    masochistic, or sadomasochistic abuse in a sexual context
8    and specifically including paragraph (1), (2), (3), (4),
9    (5), or (7) of subsection (a) of Section 11-20.1B or
10    Section 11-20.3 of the Criminal Code of 1961 where a child
11    engaged in, solicited for, depicted in, or posed in any act
12    of sexual penetration or bound, fettered, or subject to
13    sadistic, masochistic, or sadomasochistic abuse in a
14    sexual context;
15        (27) the defendant committed the offense of first
16    degree murder, assault, aggravated assault, battery,
17    aggravated battery, robbery, armed robbery, or aggravated
18    robbery against a person who was a veteran and the
19    defendant knew, or reasonably should have known, that the
20    person was a veteran performing duties as a representative
21    of a veterans' organization. For the purposes of this
22    paragraph (27), "veteran" means an Illinois resident who
23    has served as a member of the United States Armed Forces, a
24    member of the Illinois National Guard, or a member of the
25    United States Reserve Forces; and "veterans' organization"
26    means an organization comprised of members of which

 

 

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1    substantially all are individuals who are veterans or
2    spouses, widows, or widowers of veterans, the primary
3    purpose of which is to promote the welfare of its members
4    and to provide assistance to the general public in such a
5    way as to confer a public benefit; or
6        (28) the defendant committed the offense of assault,
7    aggravated assault, battery, aggravated battery, robbery,
8    armed robbery, or aggravated robbery against a person that
9    the defendant knew or reasonably should have known was a
10    letter carrier or postal worker while that person was
11    performing his or her duties delivering mail for the United
12    States Postal Service.
13    For the purposes of this Section:
14    "School" is defined as a public or private elementary or
15secondary school, community college, college, or university.
16    "Day care center" means a public or private State certified
17and licensed day care center as defined in Section 2.09 of the
18Child Care Act of 1969 that displays a sign in plain view
19stating that the property is a day care center.
20    "Public transportation" means the transportation or
21conveyance of persons by means available to the general public,
22and includes paratransit services.
23    (b) The following factors, related to all felonies, may be
24considered by the court as reasons to impose an extended term
25sentence under Section 5-8-2 upon any offender:
26        (1) When a defendant is convicted of any felony, after

 

 

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1    having been previously convicted in Illinois or any other
2    jurisdiction of the same or similar class felony or greater
3    class felony, when such conviction has occurred within 10
4    years after the previous conviction, excluding time spent
5    in custody, and such charges are separately brought and
6    tried and arise out of different series of acts; or
7        (2) When a defendant is convicted of any felony and the
8    court finds that the offense was accompanied by
9    exceptionally brutal or heinous behavior indicative of
10    wanton cruelty; or
11        (3) When a defendant is convicted of any felony
12    committed against:
13            (i) a person under 12 years of age at the time of
14        the offense or such person's property;
15            (ii) a person 60 years of age or older at the time
16        of the offense or such person's property; or
17            (iii) a person physically handicapped at the time
18        of the offense or such person's property; or
19        (4) When a defendant is convicted of any felony and the
20    offense involved any of the following types of specific
21    misconduct committed as part of a ceremony, rite,
22    initiation, observance, performance, practice or activity
23    of any actual or ostensible religious, fraternal, or social
24    group:
25            (i) the brutalizing or torturing of humans or
26        animals;

 

 

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1            (ii) the theft of human corpses;
2            (iii) the kidnapping of humans;
3            (iv) the desecration of any cemetery, religious,
4        fraternal, business, governmental, educational, or
5        other building or property; or
6            (v) ritualized abuse of a child; or
7        (5) When a defendant is convicted of a felony other
8    than conspiracy and the court finds that the felony was
9    committed under an agreement with 2 or more other persons
10    to commit that offense and the defendant, with respect to
11    the other individuals, occupied a position of organizer,
12    supervisor, financier, or any other position of management
13    or leadership, and the court further finds that the felony
14    committed was related to or in furtherance of the criminal
15    activities of an organized gang or was motivated by the
16    defendant's leadership in an organized gang; or
17        (6) When a defendant is convicted of an offense
18    committed while using a firearm with a laser sight attached
19    to it. For purposes of this paragraph, "laser sight" has
20    the meaning ascribed to it in Section 26-7 of the Criminal
21    Code of 2012; or
22        (7) When a defendant who was at least 17 years of age
23    at the time of the commission of the offense is convicted
24    of a felony and has been previously adjudicated a
25    delinquent minor under the Juvenile Court Act of 1987 for
26    an act that if committed by an adult would be a Class X or

 

 

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1    Class 1 felony when the conviction has occurred within 10
2    years after the previous adjudication, excluding time
3    spent in custody; or
4        (8) When a defendant commits any felony and the
5    defendant used, possessed, exercised control over, or
6    otherwise directed an animal to assault a law enforcement
7    officer engaged in the execution of his or her official
8    duties or in furtherance of the criminal activities of an
9    organized gang in which the defendant is engaged.
10    (c) The following factors may be considered by the court as
11reasons to impose an extended term sentence under Section 5-8-2
12(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
13        (1) When a defendant is convicted of first degree
14    murder, after having been previously convicted in Illinois
15    of any offense listed under paragraph (c)(2) of Section
16    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
17    within 10 years after the previous conviction, excluding
18    time spent in custody, and the charges are separately
19    brought and tried and arise out of different series of
20    acts.
21        (1.5) When a defendant is convicted of first degree
22    murder, after having been previously convicted of domestic
23    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
24    (720 ILCS 5/12-3.3) committed on the same victim or after
25    having been previously convicted of violation of an order
26    of protection (720 ILCS 5/12-30) in which the same victim

 

 

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1    was the protected person.
2        (2) When a defendant is convicted of voluntary
3    manslaughter, second degree murder, involuntary
4    manslaughter, or reckless homicide in which the defendant
5    has been convicted of causing the death of more than one
6    individual.
7        (3) When a defendant is convicted of aggravated
8    criminal sexual assault or criminal sexual assault, when
9    there is a finding that aggravated criminal sexual assault
10    or criminal sexual assault was also committed on the same
11    victim by one or more other individuals, and the defendant
12    voluntarily participated in the crime with the knowledge of
13    the participation of the others in the crime, and the
14    commission of the crime was part of a single course of
15    conduct during which there was no substantial change in the
16    nature of the criminal objective.
17        (4) If the victim was under 18 years of age at the time
18    of the commission of the offense, when a defendant is
19    convicted of aggravated criminal sexual assault or
20    predatory criminal sexual assault of a child under
21    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
22    of Section 12-14.1 of the Criminal Code of 1961 or the
23    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
24        (5) When a defendant is convicted of a felony violation
25    of Section 24-1 of the Criminal Code of 1961 or the
26    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

 

 

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1    finding that the defendant is a member of an organized
2    gang.
3        (6) When a defendant was convicted of unlawful use of
4    weapons under Section 24-1 of the Criminal Code of 1961 or
5    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
6    a weapon that is not readily distinguishable as one of the
7    weapons enumerated in Section 24-1 of the Criminal Code of
8    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
9        (7) When a defendant is convicted of an offense
10    involving the illegal manufacture of a controlled
11    substance under Section 401 of the Illinois Controlled
12    Substances Act (720 ILCS 570/401), the illegal manufacture
13    of methamphetamine under Section 25 of the Methamphetamine
14    Control and Community Protection Act (720 ILCS 646/25), or
15    the illegal possession of explosives and an emergency
16    response officer in the performance of his or her duties is
17    killed or injured at the scene of the offense while
18    responding to the emergency caused by the commission of the
19    offense. In this paragraph, "emergency" means a situation
20    in which a person's life, health, or safety is in jeopardy;
21    and "emergency response officer" means a peace officer,
22    community policing volunteer, fireman, emergency medical
23    technician-ambulance, emergency medical
24    technician-intermediate, emergency medical
25    technician-paramedic, ambulance driver, other medical
26    assistance or first aid personnel, or hospital emergency

 

 

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1    room personnel.
2    (d) For the purposes of this Section, "organized gang" has
3the meaning ascribed to it in Section 10 of the Illinois
4Streetgang Terrorism Omnibus Prevention Act.
5    (e) The court may impose an extended term sentence under
6Article 4.5 of Chapter V upon an offender who has been
7convicted of a felony violation of Section 11-1.20, 11-1.30,
811-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
912-16 of the Criminal Code of 1961 or the Criminal Code of 2012
10when the victim of the offense is under 18 years of age at the
11time of the commission of the offense and, during the
12commission of the offense, the victim was under the influence
13of alcohol, regardless of whether or not the alcohol was
14supplied by the offender; and the offender, at the time of the
15commission of the offense, knew or should have known that the
16victim had consumed alcohol.
17(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
18eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
1996-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
201-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
21Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
2297-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
2397-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
241-25-13.)".