Full Text of HB1157 98th General Assembly
HB1157ham002 98TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1157
| 2 | | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 2. Legislative determination. It is hereby | 5 | | declared as a matter of legislative determination that
in order | 6 | | to promote and protect the health, safety and welfare of the
| 7 | | public, it is necessary and in the public interest within the | 8 | | State of Illinois to establish a system of handgun | 9 | | registration, thereby establishing a
practical and workable | 10 | | system by which law enforcement authorities will be
afforded an | 11 | | opportunity to identify the ownership of handguns that have | 12 | | been recovered or seized as evidence in connection with a | 13 | | criminal 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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| 1 | | issued by the Illinois Department of State Police under Section | 2 | | 5 of this Act. | 3 | | "Department" means the Department of State Police. | 4 | | "Federally licensed firearm dealer" means a person who is | 5 | | licensed as a federal firearms dealer under Section 923 of the | 6 | | federal Gun Control Act of 1968 (18 U.S.C. 923). | 7 | | "Firearm" has the same meaning as set forth in Section 1.1 | 8 | | of the Firearm Owners Identification Card Act. | 9 | | "Handgun" means a firearm designed to be held
and fired by | 10 | | the use of a single hand. | 11 | | Section 5. Certificate of Handgun Registration. | 12 | | (a) No person shall transport or possess a handgun in this | 13 | | State without a Certificate of Handgun Registration issued for | 14 | | that handgun by the Department of State Police. | 15 | | (b) The provisions of this Section prohibiting a person | 16 | | from transporting or possessing a handgun without a Certificate | 17 | | of 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 | 4 | | of Handgun Registration shall submit an application to the | 5 | | Department, prepared and furnished at convenient locations | 6 | | throughout the State or by electronic means. The application | 7 | | shall 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 | 5 | | Certificate of Handgun Registration or shall issue a written | 6 | | denial of the application within 30 days after the application | 7 | | is received. | 8 | | (e) There is created in the State treasury the Handgun | 9 | | Certificate Administration Fund to be used by the Department | 10 | | for the administration of handgun registration as required by | 11 | | this Section. | 12 | | (f) A nonrefundable application fee of $20 shall be payable | 13 | | for each original or transferred Certificate of Handgun | 14 | | Registration. All moneys received from this $20 fee shall be | 15 | | deposited 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 | 23 | | duplicate or replacement Certificate of Handgun Registration. | 24 | | All moneys received from this $10 fee shall be deposited into | 25 | | the Handgun Certificate Administration Fund for the | 26 | | administration of handgun registration. |
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| 1 | | (h) Certificates of Handgun Registration shall expire | 2 | | every 5 years. The fee for renewal of a Certificate of Handgun | 3 | | Registration is $10. All moneys received from this $10 fee | 4 | | shall be deposited into the Handgun Certificate Administration | 5 | | Fund for the administration of handgun registration. | 6 | | (i) Every person issued a Certificate of Handgun | 7 | | Registration shall notify the Department in the manner | 8 | | prescribed 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, | 14 | | in addition to any other requirements of this Section, shall | 15 | | immediately return to the Department his or her Certificate of | 16 | | Handgun Registration for any handgun which is lost, stolen, | 17 | | destroyed, or otherwise disposed of. | 18 | | (k) If an owner transfers ownership of a handgun, he or she | 19 | | shall execute to the transferee, at the time of the delivery of | 20 | | the handgun, an assignment of registration in the space | 21 | | provided on the Certificate of Handgun Registration, and shall | 22 | | cause the certificate and assignment to be delivered to the | 23 | | transferee. | 24 | | (k-5) In the case of a federally licensed firearm dealer | 25 | | making a sale of a new handgun, the dealer shall submit the | 26 | | application described in subsection (c) of this Section along |
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| 1 | | with the required fee to the Department on the purchaser's | 2 | | behalf within 20 days from the date of sale. If the purchaser | 3 | | does not receive an original Certificate of Handgun | 4 | | Registration or a written denial of the application submitted | 5 | | on his or her behalf by the dealer within 50 days from the date | 6 | | of purchase, the purchaser shall inquire to the Department | 7 | | regarding the status of his or her application. | 8 | | (l) Within 20 days after the delivery to a transferee of a | 9 | | handgun or the delivery of the certificate and assignment, | 10 | | whichever occurs sooner, the transferee shall execute the | 11 | | application for a new Certificate of Handgun Registration in | 12 | | the space provided on the certificate and cause the certificate | 13 | | and application to be mailed or delivered to the Department. | 14 | | (m) No transferee shall knowingly accept ownership of a | 15 | | handgun from a transferor who has failed to obtain a | 16 | | Certificate of Handgun Registration in violation of this | 17 | | Section, or who fails to execute an assignment of registration | 18 | | to the transferee as required by subsection (k) of this | 19 | | Section. | 20 | | (n) Any person who accepts delivery of a handgun that has | 21 | | not been previously registered and assigned to the transferee | 22 | | shall file an application for an original Certificate of | 23 | | Handgun Registration within 20 days after taking possession of | 24 | | the handgun. Any person who owns a handgun on the effective | 25 | | date of this Act shall file an application for an original | 26 | | Certificate of Handgun Registration not later than 90 days |
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| 1 | | after the effective date of this Act. | 2 | | (o) Transfer of ownership of a registered handgun shall not | 3 | | be considered complete until the transferee has complied with | 4 | | subsection (l) of this Section, provided that a transferor who | 5 | | has complied with subsection (k) of this Section, and has | 6 | | complied with the requirements of Section 3 and 3.1 of the | 7 | | Firearm Owners Identification Card Act, if applicable, shall | 8 | | not be liable as an owner by virtue of the transferee's failure | 9 | | to comply with subsection (l) for damages arising out of use of | 10 | | the handgun. | 11 | | (p) The Department has authority to deny an application for | 12 | | or to revoke and seize a Certificate of Handgun Registration | 13 | | previously issued under this Section if the Department finds | 14 | | that: | 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 | 21 | | enforcement may exchange any information that is necessary for | 22 | | the proper administration of this Section unless the exchange | 23 | | is specifically prohibited by State or federal law. | 24 | | (r) Whenever an application for a Certificate of Handgun | 25 | | Registration is denied, whenever the Department fails to act on | 26 | | an application within 30 days of its receipt, or whenever a |
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| 1 | | certificate is revoked or seized, the aggrieved party may | 2 | | appeal to the Director of the Department of State Police for a | 3 | | hearing upon the denial, failure to act, revocation, or | 4 | | seizure, unless the denial, failure to act, revocation, or | 5 | | seizure was based upon a forcible felony, stalking, aggravated | 6 | | stalking, domestic battery, any violation of the Illinois | 7 | | Controlled Substances Act, the Methamphetamine Control and | 8 | | Community Protection Act, or the Cannabis Control Act that is | 9 | | classified as a Class 2 or greater felony, any felony violation | 10 | | of Article 24 of the Criminal Code of 2012, or any adjudication | 11 | | as a delinquent minor for the commission of an offense that if | 12 | | committed by an adult would be a felony, in which case the | 13 | | aggrieved party may petition the circuit court in writing in | 14 | | the county of his or her residence for a hearing upon the | 15 | | denial, 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 | 2 | | the Freedom of Information Act, it is the public policy of this | 3 | | State that the names and information of persons who have | 4 | | applied for or received Certificates of Handgun Registration | 5 | | under this Section are considered private and shall not be | 6 | | disclosed. No State or local law enforcement agency shall | 7 | | provide the names and information of holders of or applicants | 8 | | for Certificates of Handgun Registration, except that the | 9 | | Department may provide confirmation that a person has or has | 10 | | not been issued, applied for, or denied a Certificate of | 11 | | Handgun Registration in connection with a criminal | 12 | | investigation. | 13 | | (t) The Department of State Police may perform its duties | 14 | | under this Act through the Department's Firearm Owner's | 15 | | Identification Card Office. | 16 | | (u) Altered, forged or counterfeit Certificate of Handgun | 17 | | Registration.
| 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 | 3 | | transfer 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 100. The Freedom of Information Act is amended by | 21 | | changing Section 7.5 as follows: | 22 | | (5 ILCS 140/7.5) | 23 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 24 | | by the statutes referenced below, the following shall be exempt |
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| 1 | | from inspection and copying: | 2 | | (a) All information determined to be confidential under | 3 | | Section 4002 of the Technology Advancement and Development Act. | 4 | | (b) Library circulation and order records identifying | 5 | | library users with specific materials under the Library Records | 6 | | Confidentiality Act. | 7 | | (c) Applications, related documents, and medical records | 8 | | received by the Experimental Organ Transplantation Procedures | 9 | | Board and any and all documents or other records prepared by | 10 | | the Experimental Organ Transplantation Procedures Board or its | 11 | | staff relating to applications it has received. | 12 | | (d) Information and records held by the Department of | 13 | | Public Health and its authorized representatives relating to | 14 | | known or suspected cases of sexually transmissible disease or | 15 | | any information the disclosure of which is restricted under the | 16 | | Illinois Sexually Transmissible Disease Control Act. | 17 | | (e) Information the disclosure of which is exempted under | 18 | | Section 30 of the Radon Industry Licensing Act. | 19 | | (f) Firm performance evaluations under Section 55 of the | 20 | | Architectural, Engineering, and Land Surveying Qualifications | 21 | | Based Selection Act. | 22 | | (g) Information the disclosure of which is restricted and | 23 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 24 | | (h) Information the disclosure of which is exempted under | 25 | | the State Officials and Employees Ethics Act, and records of | 26 | | any lawfully created State or local inspector general's office |
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| 1 | | that would be exempt if created or obtained by an Executive | 2 | | Inspector General's office under that Act. | 3 | | (i) Information contained in a local emergency energy plan | 4 | | submitted to a municipality in accordance with a local | 5 | | emergency energy plan ordinance that is adopted under Section | 6 | | 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution of | 8 | | surcharge moneys collected and remitted by wireless carriers | 9 | | under the Wireless Emergency Telephone Safety Act. | 10 | | (k) Law enforcement officer identification information or | 11 | | driver identification information compiled by a law | 12 | | enforcement agency or the Department of Transportation under | 13 | | Section 11-212 of the Illinois Vehicle Code. | 14 | | (l) Records and information provided to a residential | 15 | | health care facility resident sexual assault and death review | 16 | | team or the Executive Council under the Abuse Prevention Review | 17 | | Team Act. | 18 | | (m) Information provided to the predatory lending database | 19 | | created pursuant to Article 3 of the Residential Real Property | 20 | | Disclosure Act, except to the extent authorized under that | 21 | | Article. | 22 | | (n) Defense budgets and petitions for certification of | 23 | | compensation and expenses for court appointed trial counsel as | 24 | | provided under Sections 10 and 15 of the Capital Crimes | 25 | | Litigation Act. This subsection (n) shall apply until the | 26 | | conclusion of the trial of the case, even if the prosecution |
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| 1 | | chooses not to pursue the death penalty prior to trial or | 2 | | sentencing. | 3 | | (o) Information that is prohibited from being disclosed | 4 | | under Section 4 of the Illinois Health and Hazardous Substances | 5 | | Registry Act. | 6 | | (p) Security portions of system safety program plans, | 7 | | investigation reports, surveys, schedules, lists, data, or | 8 | | information compiled, collected, or prepared by or for the | 9 | | Regional Transportation Authority under Section 2.11 of the | 10 | | Regional Transportation Authority Act or the St. Clair County | 11 | | Transit District under the Bi-State Transit Safety Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted under | 17 | | Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information in | 19 | | the form of health data or medical records contained in, stored | 20 | | in, submitted to, transferred by, or released from the Illinois | 21 | | Health Information Exchange, and identified or deidentified | 22 | | health information in the form of health data and medical | 23 | | records of the Illinois Health Information Exchange in the | 24 | | possession of the Illinois Health Information Exchange | 25 | | Authority due to its administration of the Illinois Health | 26 | | Information Exchange. The terms "identified" and |
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| 1 | | "deidentified" shall be given the same meaning as in the Health | 2 | | Insurance Accountability and Portability Act of 1996, Public | 3 | | Law 104-191, or any subsequent amendments thereto, and any | 4 | | regulations promulgated thereunder. | 5 | | (u) Records and information provided to an independent team | 6 | | of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied for or | 8 | | received Firearm Owner's Identification Cards or Certificates | 9 | | of Handgun Registration under the Firearm Owners | 10 | | Identification Card Act and the Illinois Firearm Safety Act. | 11 | | (w) Personally identifiable information which is exempted | 12 | | from disclosure under subsection (g) of Section 19.1 of the | 13 | | Toll Highway Act. | 14 | | (x) Information which is exempted from disclosure under | 15 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 16 | | Illinois Municipal Code. | 17 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 18 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 19 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 20 | | eff. 1-1-13.) | 21 | | Section 120. The Department of State Police Law of the
| 22 | | Civil Administrative Code of Illinois is amended by changing | 23 | | Sections 2605-45 and 2605-120 as follows:
| 24 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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| 1 | | Sec. 2605-45. Division of Administration. The Division of
| 2 | | Administration shall exercise the
following functions:
| 3 | | (1) Exercise the rights, powers, and duties vested in | 4 | | the
Department
by the
Governor's Office of Management and | 5 | | Budget Act.
| 6 | | (2) Pursue research and the publication of studies | 7 | | pertaining
to local
law enforcement activities.
| 8 | | (3) Exercise the rights, powers, and duties vested in | 9 | | the
Department
by the Personnel Code.
| 10 | | (4) Operate an electronic data processing and computer | 11 | | center
for the
storage and retrieval of data pertaining to | 12 | | criminal activity.
| 13 | | (5) Exercise the rights, powers, and duties vested in
| 14 | | the former Division of
State Troopers by Section 17 of the | 15 | | State Police
Act.
| 16 | | (6) Exercise the rights, powers, and duties vested in
| 17 | | the Department
by "An Act relating to internal auditing in | 18 | | State government", approved
August 11, 1967 (repealed; now | 19 | | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| 20 | | (6.5) Exercise the rights, powers, and duties vested in | 21 | | the Department
by the Firearm Owners Identification Card | 22 | | Act and the Illinois Firearm Safety Act.
| 23 | | (7) Exercise other duties that may be assigned
by the | 24 | | Director to
fulfill the responsibilities and achieve the | 25 | | purposes of the Department.
| 26 | | (Source: P.A. 94-793, eff. 5-19-06.)
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| 1 | | (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
| 2 | | Sec. 2605-120. Firearm Owners Identification Card Act and | 3 | | the Illinois Firearm Safety Act. To
exercise the rights, | 4 | | powers, and duties that have been vested
in the Department of | 5 | | Public Safety by the Firearm Owners Identification
Card Act and | 6 | | the Illinois Firearm Safety Act.
| 7 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | 8 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | 9 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
| 10 | | Section 125. The Criminal Identification Act is amended by | 11 | | changing Section 2.2 as follows: | 12 | | (20 ILCS 2630/2.2) | 13 | | Sec. 2.2. Notification to the Department. Upon judgment of | 14 | | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | 15 | | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012 when the
defendant has been determined, pursuant | 17 | | to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
| 18 | | to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | 19 | | circuit court clerk shall
include notification and a copy of | 20 | | the written determination in a report
of the conviction to the | 21 | | Department of State Police Firearm Owner's Identification Card | 22 | | Office to
enable the office to perform its duties under | 23 | | Sections 4 and 8 of the Firearm Owners Identification Card Act |
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| 1 | | and Section 5 of the Illinois Firearm Safety Act and to report | 2 | | that determination to the Federal Bureau
of Investigation to | 3 | | assist the Bureau in identifying persons prohibited
from | 4 | | purchasing and possessing a firearm pursuant to the provisions | 5 | | of
18 U.S.C. 922. The written determination described in this | 6 | | Section shall be included in the defendant's record of arrest | 7 | | and conviction in the manner and form prescribed by the | 8 | | Department of State Police.
| 9 | | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 10 | | Section 140. The State Finance Act is amended by adding | 11 | | Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows: | 12 | | (30 ILCS 105/5.826 new) | 13 | | Sec. 5.826. The Handgun Certificate Administration Fund. | 14 | | (30 ILCS 105/5.827 new) | 15 | | Sec. 5.827. The National Instant Criminal Background Check | 16 | | System Improvement Fund. | 17 | | (30 ILCS 105/5.828 new) | 18 | | Sec. 5.828. The Illinois LEADS Information and Technology | 19 | | Improvement Fund. | 20 | | (30 ILCS 105/6z-98 new) | 21 | | Sec. 6z-98. National Instant Criminal Background Check |
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| 1 | | System Improvement Fund. | 2 | | (a) There is created in the State treasury a special fund | 3 | | known as National Instant Criminal Background Check System | 4 | | Improvement Fund. The Fund shall receive revenue under Section | 5 | | 5 of the Illinois Firearm Safety Act. The Fund may also receive | 6 | | revenue from grants, donations, appropriations, and any other | 7 | | legal source. | 8 | | (b) The Department of State Police shall use moneys in the | 9 | | Fund to perform its duties and responsibilities under | 10 | | subsection (e) of Section 3.1 of the Firearm Owners | 11 | | Identification Card Act and Section 5 of the Illinois Firearm | 12 | | Safety Act. | 13 | | (c) Expenditures may be made from the Fund only as | 14 | | appropriated by the General Assembly by law. | 15 | | (d) Investment income that is attributable to the | 16 | | investment of moneys in the Fund shall be retained in the Fund | 17 | | for the uses specified in this Section. | 18 | | (e) The Fund shall not be subject to administrative | 19 | | chargebacks. | 20 | | (30 ILCS 105/6z-99 new) | 21 | | Sec. 6z-99. Illinois LEADS Information and Technology | 22 | | Improvement Fund. | 23 | | (a) There is created in the State treasury a special fund | 24 | | known as the Illinois LEADS Information and Technology | 25 | | Improvement Fund. The Fund shall receive revenue under Section |
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| 1 | | 5 of the Illinois Firearm Safety Act. The Fund may also receive | 2 | | revenue from grants, donations, appropriations, and any other | 3 | | legal source. | 4 | | (b) The Department of State Police shall use the moneys in | 5 | | the Fund to update and improve the technology used for the Law | 6 | | Enforcement Agencies Data System (LEADS) system. The Fund shall | 7 | | also be used to support the Department's responsibilities in | 8 | | managing background checks and public safety record-keeping. | 9 | | (c) Moneys in the Fund shall also be used to fund grants | 10 | | made available to local law enforcement to support their | 11 | | technological infrastructure. | 12 | | (d) Expenditures may be made from the Fund only as | 13 | | appropriated by the General Assembly by law. | 14 | | (e) Investment income that is attributable to the | 15 | | investment of moneys in the Fund shall be retained in the Fund | 16 | | for the uses specified in this Section. | 17 | | (f) The Fund shall not be subject to administrative | 18 | | chargebacks. | 19 | | Section 200. The Firearm Owners Identification Card Act is | 20 | | amended by changing Sections 3 and 3.1 as follows: | 21 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 22 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 23 | | knowingly
transfer, or cause to be transferred, any firearm, | 24 | | firearm ammunition, stun gun, or taser to any person within |
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| 1 | | this State unless the
transferee with whom he deals displays a | 2 | | currently valid Firearm Owner's
Identification Card which has | 3 | | previously been issued in his name by the
Department of State | 4 | | Police under the provisions of this Act. In addition,
all | 5 | | firearm, stun gun, and taser transfers by federally licensed | 6 | | firearm dealers are subject
to Section 3.1. In addition, the | 7 | | transferor and transferee of a handgun shall be subject to | 8 | | Section 5 of the Illinois Firearm Safety Act regardless of | 9 | | whether the transferor is a federally licensed firearm dealer. | 10 | | (a-5) Any person who is not a federally licensed firearm | 11 | | dealer and who desires to transfer or sell a firearm while that | 12 | | person is on the grounds of a gun show must, before selling or | 13 | | transferring the firearm, request the Department of State | 14 | | Police to conduct a background check on the prospective | 15 | | recipient of the firearm in accordance with Section 3.1.
| 16 | | Whenever a person who is exempt from Section 5 of the Illinois | 17 | | Firearm Safety Act transfers a handgun to a person who is not | 18 | | exempt, the transferor shall notify the Department of State | 19 | | Police of the transfer, on a form or in a manner prescribed by | 20 | | the Department, within 10 days after the transfer. | 21 | | (b) Any person within this State who transfers or causes to | 22 | | be
transferred any firearm, stun gun, or taser shall keep a | 23 | | record of such transfer for a period
of 10 years from the date | 24 | | of transfer. Such record shall contain the date
of the | 25 | | transfer; the description, serial number or other information
| 26 | | identifying the firearm, stun gun, or taser if no serial number |
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| 1 | | is available; and, if the
transfer was completed within this | 2 | | State, the transferee's Firearm Owner's
Identification Card | 3 | | number. On or after January 1, 2006, the record shall contain | 4 | | the date of application for transfer of the firearm. On demand | 5 | | of a peace officer such transferor
shall produce for inspection | 6 | | such record of transfer. If the transfer or sale took place at | 7 | | a gun show, the record shall include the unique identification | 8 | | number. Failure to record the unique identification number is a | 9 | | petty offense.
| 10 | | (b-5) Any resident may purchase ammunition from a person | 11 | | within or outside of Illinois if shipment is by United States | 12 | | mail or by a private express carrier authorized by federal law | 13 | | to ship ammunition. Any resident purchasing ammunition within | 14 | | or outside the State of Illinois must provide the seller with a | 15 | | copy of his or her valid Firearm Owner's Identification Card | 16 | | and either his or her Illinois driver's license or Illinois | 17 | | State Identification Card prior to the shipment of the | 18 | | ammunition. The ammunition may be shipped only to an address on | 19 | | either of those 2 documents. | 20 | | (c) The provisions of this Section regarding the transfer | 21 | | of firearm
ammunition shall not apply to those persons | 22 | | specified in paragraph (b) of
Section 2 of this Act. | 23 | | (Source: P.A. 97-1135, eff. 12-4-12.)
| 24 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 25 | | Sec. 3.1. Dial up system. |
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| 1 | | (a) The Department of State Police shall provide
a dial up | 2 | | telephone system or utilize other existing technology which | 3 | | shall be used by any federally licensed
firearm dealer, gun | 4 | | show promoter, or gun show vendor who is to transfer a firearm, | 5 | | stun gun, or taser under the provisions of this
Act. The | 6 | | Department of State Police may utilize existing technology | 7 | | which
allows the caller to be charged a fee not to exceed $2. | 8 | | Fees collected by the Department of
State Police shall be | 9 | | deposited in the State Police Services Fund and used
to provide | 10 | | the service.
| 11 | | (b) Upon receiving a request from a federally licensed | 12 | | firearm dealer, gun show promoter, or gun show vendor, the
| 13 | | Department of State Police shall immediately approve, or within | 14 | | the time
period established by Section 24-3 of the Criminal | 15 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 16 | | tasers notify the inquiring dealer, gun show promoter, or gun | 17 | | show vendor of any objection that
would disqualify the | 18 | | transferee from acquiring or possessing a firearm, stun gun, or | 19 | | taser. In
conducting the inquiry, the Department of State | 20 | | Police shall initiate and
complete an automated search of its | 21 | | criminal history record information
files and those of the | 22 | | Federal Bureau of Investigation, including the
National | 23 | | Instant Criminal Background Check System, and of the files of
| 24 | | the Department of Human Services relating to mental health and
| 25 | | developmental disabilities to obtain
any felony conviction or | 26 | | patient hospitalization information which would
disqualify a |
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| 1 | | person from obtaining or require revocation of a currently
| 2 | | valid Firearm Owner's Identification Card. | 3 | | (c) If receipt of a firearm would not violate Section 24-3 | 4 | | of the Criminal Code of 2012, federal law, or this Act the | 5 | | Department of State Police shall: | 6 | | (1) assign a unique identification number to the | 7 | | transfer; and | 8 | | (2) provide the licensee, gun show promoter, or gun | 9 | | show vendor with the number. | 10 | | (d) Approvals issued by the Department of State Police for | 11 | | the purchase of a firearm are valid for 30 days from the date | 12 | | of issue.
| 13 | | (e) (1) The Department of State Police must act as the | 14 | | Illinois Point of Contact
for the National Instant Criminal | 15 | | Background Check System. | 16 | | (2) The Department of State Police and the Department of | 17 | | Human Services shall, in accordance with State and federal law | 18 | | regarding confidentiality, enter into a memorandum of | 19 | | understanding with the Federal Bureau of Investigation for the | 20 | | purpose of implementing the National Instant Criminal | 21 | | Background Check System in the State. The Department of State | 22 | | Police shall report the name, date of birth, and physical | 23 | | description of any person prohibited from possessing a firearm | 24 | | pursuant to the Firearm Owners Identification Card Act or 18 | 25 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 26 | | Background Check System Index, Denied Persons Files.
The |
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| 1 | | Department of State Police shall implement a program to | 2 | | distribute grant moneys, with funds appropriated for that | 3 | | purpose, to units of local government to facilitate | 4 | | participation in the National Instant Criminal Background | 5 | | Check System by their enforcement agencies.
| 6 | | (f) The Department of State Police shall promulgate rules | 7 | | not inconsistent with this Section to implement this
system.
| 8 | | (Source: P.A. 97-1150, eff. 1-25-13.) | 9 | | Section 300. The Criminal Code of 2012 is amended by | 10 | | changing Sections 24-1.1 and 24-3.4 as follows:
| 11 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 12 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 13 | | Felons or
Persons in the Custody of the
Department of | 14 | | Corrections Facilities. | 15 | | (a) It is unlawful
for a person to knowingly possess on or | 16 | | about his person or on his land or
in his own abode or fixed | 17 | | place of business any weapon prohibited under
Section 24-1 of | 18 | | this Act or any firearm or any firearm ammunition if the
person | 19 | | has been convicted of a felony under the laws of this State or | 20 | | any
other jurisdiction. This Section shall not apply if the | 21 | | person has been
granted relief by the Director of the | 22 | | Department of State Police
under Section 10 of the Firearm | 23 | | Owners Identification
Card Act.
| 24 | | (b) It is unlawful for any person confined in a penal |
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| 1 | | institution,
which is a facility of the Illinois Department of | 2 | | Corrections, to possess
any weapon prohibited under Section | 3 | | 24-1 of this Code or any firearm or
firearm ammunition, | 4 | | regardless of the intent with which he possesses it.
| 5 | | (c) It shall be an affirmative defense to a violation of | 6 | | subsection (b), that such possession was specifically | 7 | | authorized by rule,
regulation, or directive of the Illinois | 8 | | Department of Corrections or order
issued pursuant thereto.
| 9 | | (d) The defense of necessity is not available to a person | 10 | | who is charged
with a violation of subsection (b) of this | 11 | | Section.
| 12 | | (e) Sentence. Violation of this Section by a person not | 13 | | confined
in a penal institution shall be a Class 3 felony
for | 14 | | which the person shall be sentenced to no less than 2 years and | 15 | | no
more than 10 years and any second or subsequent violation | 16 | | shall be a Class 2 felony for which the person shall be | 17 | | sentenced to a term of imprisonment of not less than 3 years | 18 | | and not more than 14 years. Violation of this Section by a | 19 | | person not confined in a
penal institution who has been | 20 | | convicted of a forcible felony, a felony
violation of Article | 21 | | 24 of this Code or of the Firearm Owners Identification
Card | 22 | | Act or of Section 5 of the Illinois Firearm Safety Act, | 23 | | stalking or aggravated stalking, or a Class 2 or greater felony
| 24 | | under the Illinois Controlled Substances Act, the Cannabis | 25 | | Control Act, or the Methamphetamine Control and Community | 26 | | Protection Act is a
Class 2 felony for which the person
shall |
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| 1 | | be sentenced to not less than 3 years and not more than 14 | 2 | | years.
Violation of this Section by a person who is on parole | 3 | | or mandatory supervised
release is a Class 2 felony for which | 4 | | the person shall be sentenced to not less than 3 years and not | 5 | | more than 14
years. Violation of this Section by a person not | 6 | | confined in a penal
institution is a Class X felony when the | 7 | | firearm possessed is a machine gun.
Any person who violates | 8 | | this Section while confined in a penal
institution, which is a | 9 | | facility of the Illinois Department of
Corrections, is guilty | 10 | | of a Class 1
felony, if he possesses any weapon prohibited | 11 | | under Section 24-1 of this
Code regardless of the intent with | 12 | | which he possesses it, a Class X
felony if he possesses any | 13 | | firearm, firearm ammunition or explosive, and a
Class X felony | 14 | | for which the offender shall be sentenced to not less than 12
| 15 | | years and not more than 50 years when the firearm possessed is | 16 | | a machine
gun. A violation of this Section while wearing or in | 17 | | possession of body armor as defined in Section 33F-1 is a Class | 18 | | X felony punishable by a term of imprisonment of not less than | 19 | | 10 years and not more than 40 years.
The possession of each | 20 | | firearm or firearm ammunition in violation of this Section | 21 | | constitutes a single and separate violation.
| 22 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 23 | | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| 24 | | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| 25 | | (a) It shall be unlawful for any person who holds a license |
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| 1 | | to sell at
retail any alcoholic liquor issued by the Illinois | 2 | | Liquor Control
Commission or local liquor control commissioner | 3 | | under the Liquor Control Act
of 1934 or an agent or employee of | 4 | | the licensee to sell or deliver to any
other person a firearm | 5 | | in or on the real property of the establishment
where the | 6 | | licensee is licensed to sell alcoholic liquors unless the sale | 7 | | or
delivery of the firearm is otherwise lawful under this | 8 | | Article and under the
Firearm Owners Identification Card Act | 9 | | and Section 5 of the Illinois Firearm Safety Act.
| 10 | | (b) Sentence. A violation of subsection (a) of this Section | 11 | | is a
Class 4 felony.
| 12 | | (Source: P.A. 87-591.)
| 13 | | Section 325. The Unified Code of Corrections is amended by | 14 | | changing Section 5-5-3.2 as follows:
| 15 | | (730 ILCS 5/5-5-3.2)
| 16 | | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 17 | | Sentencing.
| 18 | | (a) The following factors shall be accorded weight in favor | 19 | | of
imposing a term of imprisonment or may be considered by the | 20 | | court as reasons
to impose a more severe sentence under Section | 21 | | 5-8-1 or Article 4.5 of Chapter V:
| 22 | | (1) the defendant's conduct caused or threatened | 23 | | serious harm;
| 24 | | (2) the defendant received compensation for committing |
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| 1 | | the offense;
| 2 | | (3) the defendant has a history of prior delinquency or | 3 | | criminal activity;
| 4 | | (4) the defendant, by the duties of his office or by | 5 | | his position,
was obliged to prevent the particular offense | 6 | | committed or to bring
the offenders committing it to | 7 | | justice;
| 8 | | (5) the defendant held public office at the time of the | 9 | | offense,
and the offense related to the conduct of that | 10 | | office;
| 11 | | (6) the defendant utilized his professional reputation | 12 | | or
position in the community to commit the offense, or to | 13 | | afford
him an easier means of committing it;
| 14 | | (7) the sentence is necessary to deter others from | 15 | | committing
the same crime;
| 16 | | (8) the defendant committed the offense against a | 17 | | person 60 years of age
or older or such person's property;
| 18 | | (9) the defendant committed the offense against a | 19 | | person who is
physically handicapped or such person's | 20 | | property;
| 21 | | (10) by reason of another individual's actual or | 22 | | perceived race, color,
creed, religion, ancestry, gender, | 23 | | sexual orientation, physical or mental
disability, or | 24 | | national origin, the defendant committed the offense | 25 | | against (i)
the person or property
of that individual; (ii) | 26 | | the person or property of a person who has an
association |
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| 1 | | with, is married to, or has a friendship with the other | 2 | | individual;
or (iii) the person or property of a relative | 3 | | (by blood or marriage) of a
person described in clause (i) | 4 | | or (ii). For the purposes of this Section,
"sexual | 5 | | orientation" means heterosexuality, homosexuality, or | 6 | | bisexuality;
| 7 | | (11) the offense took place in a place of worship or on | 8 | | the
grounds of a place of worship, immediately prior to, | 9 | | during or immediately
following worship services. For | 10 | | purposes of this subparagraph, "place of
worship" shall | 11 | | mean any church, synagogue or other building, structure or
| 12 | | place used primarily for religious worship;
| 13 | | (12) the defendant was convicted of a felony committed | 14 | | while he was
released on bail or his own recognizance | 15 | | pending trial for a prior felony
and was convicted of such | 16 | | prior felony, or the defendant was convicted of a
felony | 17 | | committed while he was serving a period of probation,
| 18 | | conditional discharge, or mandatory supervised release | 19 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 20 | | (13) the defendant committed or attempted to commit a | 21 | | felony while he
was wearing a bulletproof vest. For the | 22 | | purposes of this paragraph (13), a
bulletproof vest is any | 23 | | device which is designed for the purpose of
protecting the | 24 | | wearer from bullets, shot or other lethal projectiles;
| 25 | | (14) the defendant held a position of trust or | 26 | | supervision such as, but
not limited to, family member as |
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| 1 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 2 | | teacher, scout leader, baby sitter, or day care worker, in
| 3 | | relation to a victim under 18 years of age, and the | 4 | | defendant committed an
offense in violation of Section | 5 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 6 | | 11-14.4 except for an offense that involves keeping a place | 7 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 8 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 9 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 10 | | of 2012
against
that victim;
| 11 | | (15) the defendant committed an offense related to the | 12 | | activities of an
organized gang. For the purposes of this | 13 | | factor, "organized gang" has the
meaning ascribed to it in | 14 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 15 | | Act;
| 16 | | (16) the defendant committed an offense in violation of | 17 | | one of the
following Sections while in a school, regardless | 18 | | of the time of day or time of
year; on any conveyance | 19 | | owned, leased, or contracted by a school to transport
| 20 | | students to or from school or a school related activity; on | 21 | | the real property
of a school; or on a public way within | 22 | | 1,000 feet of the real property
comprising any school: | 23 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 24 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| 25 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 26 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
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| 1 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 2 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | 3 | | Criminal Code of 2012;
| 4 | | (16.5) the defendant committed an offense in violation | 5 | | of one of the
following Sections while in a day care | 6 | | center, regardless of the time of day or
time of year; on | 7 | | the real property of a day care center, regardless of the | 8 | | time
of day or time of year; or on a public
way within | 9 | | 1,000 feet of the real property comprising any day care | 10 | | center,
regardless of the time of day or time of year:
| 11 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 12 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 13 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 14 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 15 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 16 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 17 | | Criminal Code of 2012;
| 18 | | (17) the defendant committed the offense by reason of | 19 | | any person's
activity as a community policing volunteer or | 20 | | to prevent any person from
engaging in activity as a | 21 | | community policing volunteer. For the purpose of
this | 22 | | Section, "community policing volunteer" has the meaning | 23 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 24 | | 2012;
| 25 | | (18) the defendant committed the offense in a nursing | 26 | | home or on the
real
property comprising a nursing home. For |
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| 1 | | the purposes of this paragraph (18),
"nursing home" means a | 2 | | skilled nursing
or intermediate long term care facility | 3 | | that is subject to license by the
Illinois Department of | 4 | | Public Health under the Nursing Home Care
Act, the | 5 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 6 | | Community Care Act;
| 7 | | (19) the defendant was a federally licensed firearm | 8 | | dealer
and
was
previously convicted of a violation of | 9 | | subsection (a) of Section 3 of the
Firearm Owners | 10 | | Identification Card Act or Section 5 of the Illinois | 11 | | Firearm Safety Act and has now committed either a felony
| 12 | | violation
of the Firearm Owners Identification Card Act or | 13 | | Section 5 of the Illinois Firearm Safety Act or an act of | 14 | | armed violence while
armed
with a firearm; | 15 | | (20) the defendant (i) committed the offense of | 16 | | reckless homicide under Section 9-3 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 or the offense of driving | 18 | | under the influence of alcohol, other drug or
drugs, | 19 | | intoxicating compound or compounds or any combination | 20 | | thereof under Section 11-501 of the Illinois Vehicle Code | 21 | | or a similar provision of a local ordinance and (ii) was | 22 | | operating a motor vehicle in excess of 20 miles per hour | 23 | | over the posted speed limit as provided in Article VI of | 24 | | Chapter 11 of the Illinois Vehicle Code;
| 25 | | (21) the defendant (i) committed the offense of | 26 | | reckless driving or aggravated reckless driving under |
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| 1 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 2 | | operating a motor vehicle in excess of 20 miles per hour | 3 | | over the posted speed limit as provided in Article VI of | 4 | | Chapter 11 of the Illinois Vehicle Code; | 5 | | (22) the defendant committed the offense against a | 6 | | person that the defendant knew, or reasonably should have | 7 | | known, was a member of the Armed Forces of the United | 8 | | States serving on active duty. For purposes of this clause | 9 | | (22), the term "Armed Forces" means any of the Armed Forces | 10 | | of the United States, including a member of any reserve | 11 | | component thereof or National Guard unit called to active | 12 | | duty;
| 13 | | (23)
the defendant committed the offense against a | 14 | | person who was elderly, disabled, or infirm by taking | 15 | | advantage of a family or fiduciary relationship with the | 16 | | elderly, disabled, or infirm person;
| 17 | | (24)
the defendant committed any offense under Section | 18 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 19 | | of 2012 and possessed 100 or more images;
| 20 | | (25) the defendant committed the offense while the | 21 | | defendant or the victim was in a train, bus, or other | 22 | | vehicle used for public transportation; | 23 | | (26) the defendant committed the offense of child | 24 | | pornography or aggravated child pornography, specifically | 25 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 26 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 2 | | solicited for, depicted in, or posed in any act of sexual | 3 | | penetration or bound, fettered, or subject to sadistic, | 4 | | masochistic, or sadomasochistic abuse in a sexual context | 5 | | and specifically including paragraph (1), (2), (3), (4), | 6 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 7 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 8 | | engaged in, solicited for, depicted in, or posed in any act | 9 | | of sexual penetration or bound, fettered, or subject to | 10 | | sadistic, masochistic, or sadomasochistic abuse in a | 11 | | sexual context; | 12 | | (27) the defendant committed the offense of first | 13 | | degree murder, assault, aggravated assault, battery, | 14 | | aggravated battery, robbery, armed robbery, or aggravated | 15 | | robbery against a person who was a veteran and the | 16 | | defendant knew, or reasonably should have known, that the | 17 | | person was a veteran performing duties as a representative | 18 | | of a veterans' organization. For the purposes of this | 19 | | paragraph (27), "veteran" means an Illinois resident who | 20 | | has served as a member of the United States Armed Forces, a | 21 | | member of the Illinois National Guard, or a member of the | 22 | | United States Reserve Forces; and "veterans' organization" | 23 | | means an organization comprised of members of
which | 24 | | substantially all are individuals who are veterans or | 25 | | spouses,
widows, or widowers of veterans, the primary | 26 | | purpose of which is to
promote the welfare of its members |
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| 1 | | and to provide assistance to the general
public in such a | 2 | | way as to confer a public benefit; or | 3 | | (28) the defendant committed the offense of assault, | 4 | | aggravated assault, battery, aggravated battery, robbery, | 5 | | armed robbery, or aggravated robbery against a person that | 6 | | the defendant knew or reasonably should have known was a | 7 | | letter carrier or postal worker while that person was | 8 | | performing his or her duties delivering mail for the United | 9 | | States Postal Service. | 10 | | For the purposes of this Section:
| 11 | | "School" is defined as a public or private
elementary or | 12 | | secondary school, community college, college, or university.
| 13 | | "Day care center" means a public or private State certified | 14 | | and
licensed day care center as defined in Section 2.09 of the | 15 | | Child Care Act of
1969 that displays a sign in plain view | 16 | | stating that the
property is a day care center.
| 17 | | "Public transportation" means the transportation
or | 18 | | conveyance of persons by means available to the general public, | 19 | | and includes paratransit services. | 20 | | (b) The following factors, related to all felonies, may be | 21 | | considered by the court as
reasons to impose an extended term | 22 | | sentence under Section 5-8-2
upon any offender:
| 23 | | (1) When a defendant is convicted of any felony, after | 24 | | having
been previously convicted in Illinois or any other | 25 | | jurisdiction of the
same or similar class felony or greater | 26 | | class felony, when such conviction
has occurred within 10 |
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| 1 | | years after the
previous conviction, excluding time spent | 2 | | in custody, and such charges are
separately brought and | 3 | | tried and arise out of different series of acts; or
| 4 | | (2) When a defendant is convicted of any felony and the | 5 | | court
finds that the offense was accompanied by | 6 | | exceptionally brutal
or heinous behavior indicative of | 7 | | wanton cruelty; or
| 8 | | (3) When a defendant is convicted of any felony | 9 | | committed against:
| 10 | | (i) a person under 12 years of age at the time of | 11 | | the offense or such
person's property;
| 12 | | (ii) a person 60 years of age or older at the time | 13 | | of the offense or
such person's property; or
| 14 | | (iii) a person physically handicapped at the time | 15 | | of the offense or
such person's property; or
| 16 | | (4) When a defendant is convicted of any felony and the | 17 | | offense
involved any of the following types of specific | 18 | | misconduct committed as
part of a ceremony, rite, | 19 | | initiation, observance, performance, practice or
activity | 20 | | of any actual or ostensible religious, fraternal, or social | 21 | | group:
| 22 | | (i) the brutalizing or torturing of humans or | 23 | | animals;
| 24 | | (ii) the theft of human corpses;
| 25 | | (iii) the kidnapping of humans;
| 26 | | (iv) the desecration of any cemetery, religious, |
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| 1 | | fraternal, business,
governmental, educational, or | 2 | | other building or property; or
| 3 | | (v) ritualized abuse of a child; or
| 4 | | (5) When a defendant is convicted of a felony other | 5 | | than conspiracy and
the court finds that
the felony was | 6 | | committed under an agreement with 2 or more other persons
| 7 | | to commit that offense and the defendant, with respect to | 8 | | the other
individuals, occupied a position of organizer, | 9 | | supervisor, financier, or any
other position of management | 10 | | or leadership, and the court further finds that
the felony | 11 | | committed was related to or in furtherance of the criminal
| 12 | | activities of an organized gang or was motivated by the | 13 | | defendant's leadership
in an organized gang; or
| 14 | | (6) When a defendant is convicted of an offense | 15 | | committed while using a firearm with a
laser sight attached | 16 | | to it. For purposes of this paragraph, "laser sight"
has | 17 | | the meaning ascribed to it in Section 26-7 of the Criminal | 18 | | Code of
2012; or
| 19 | | (7) When a defendant who was at least 17 years of age | 20 | | at the
time of
the commission of the offense is convicted | 21 | | of a felony and has been previously
adjudicated a | 22 | | delinquent minor under the Juvenile Court Act of 1987 for | 23 | | an act
that if committed by an adult would be a Class X or | 24 | | Class 1 felony when the
conviction has occurred within 10 | 25 | | years after the previous adjudication,
excluding time | 26 | | spent in custody; or
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| 1 | | (8) When a defendant commits any felony and the | 2 | | defendant used, possessed, exercised control over, or | 3 | | otherwise directed an animal to assault a law enforcement | 4 | | officer engaged in the execution of his or her official | 5 | | duties or in furtherance of the criminal activities of an | 6 | | organized gang in which the defendant is engaged.
| 7 | | (c) The following factors may be considered by the court as | 8 | | reasons to impose an extended term sentence under Section 5-8-2 | 9 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 10 | | (1) When a defendant is convicted of first degree | 11 | | murder, after having been previously convicted in Illinois | 12 | | of any offense listed under paragraph (c)(2) of Section | 13 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 14 | | within 10 years after the previous conviction, excluding | 15 | | time spent in custody, and the charges are separately | 16 | | brought and tried and arise out of different series of | 17 | | acts. | 18 | | (1.5) When a defendant is convicted of first degree | 19 | | murder, after having been previously convicted of domestic | 20 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 21 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 22 | | having been previously convicted of violation of an order | 23 | | of protection (720 ILCS 5/12-30) in which the same victim | 24 | | was the protected person. | 25 | | (2) When a defendant is convicted of voluntary | 26 | | manslaughter, second degree murder, involuntary |
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| 1 | | manslaughter, or reckless homicide in which the defendant | 2 | | has been convicted of causing the death of more than one | 3 | | individual. | 4 | | (3) When a defendant is convicted of aggravated | 5 | | criminal sexual assault or criminal sexual assault, when | 6 | | there is a finding that aggravated criminal sexual assault | 7 | | or criminal sexual assault was also committed on the same | 8 | | victim by one or more other individuals, and the defendant | 9 | | voluntarily participated in the crime with the knowledge of | 10 | | the participation of the others in the crime, and the | 11 | | commission of the crime was part of a single course of | 12 | | conduct during which there was no substantial change in the | 13 | | nature of the criminal objective. | 14 | | (4) If the victim was under 18 years of age at the time | 15 | | of the commission of the offense, when a defendant is | 16 | | convicted of aggravated criminal sexual assault or | 17 | | predatory criminal sexual assault of a child under | 18 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 19 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 21 | | (5) When a defendant is convicted of a felony violation | 22 | | of Section 24-1 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 24 | | finding that the defendant is a member of an organized | 25 | | gang. | 26 | | (6) When a defendant was convicted of unlawful use of |
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| 1 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 3 | | a weapon that is not readily distinguishable as one of the | 4 | | weapons enumerated in Section 24-1 of the Criminal Code of | 5 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 6 | | (7) When a defendant is convicted of an offense | 7 | | involving the illegal manufacture of a controlled | 8 | | substance under Section 401 of the Illinois Controlled | 9 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 10 | | of methamphetamine under Section 25 of the Methamphetamine | 11 | | Control and Community Protection Act (720 ILCS 646/25), or | 12 | | the illegal possession of explosives and an emergency | 13 | | response officer in the performance of his or her duties is | 14 | | killed or injured at the scene of the offense while | 15 | | responding to the emergency caused by the commission of the | 16 | | offense. In this paragraph, "emergency" means a situation | 17 | | in which a person's life, health, or safety is in jeopardy; | 18 | | and "emergency response officer" means a peace officer, | 19 | | community policing volunteer, fireman, emergency medical | 20 | | technician-ambulance, emergency medical | 21 | | technician-intermediate, emergency medical | 22 | | technician-paramedic, ambulance driver, other medical | 23 | | assistance or first aid personnel, or hospital emergency | 24 | | room personnel.
| 25 | | (d) For the purposes of this Section, "organized gang" has | 26 | | the meaning
ascribed to it in Section 10 of the Illinois |
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| 1 | | Streetgang Terrorism Omnibus
Prevention Act.
| 2 | | (e) The court may impose an extended term sentence under | 3 | | Article 4.5 of Chapter V upon an offender who has been | 4 | | convicted of a felony violation of Section 11-1.20, 11-1.30, | 5 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | 6 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | when the victim of the offense is under 18 years of age at the | 8 | | time of the commission of the offense and, during the | 9 | | commission of the offense, the victim was under the influence | 10 | | of alcohol, regardless of whether or not the alcohol was | 11 | | supplied by the offender; and the offender, at the time of the | 12 | | commission of the offense, knew or should have known that the | 13 | | victim had consumed alcohol. | 14 | | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | 15 | | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | 16 | | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | 17 | | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | 18 | | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | 19 | | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | 20 | | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. | 21 | | 1-25-13.)".
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