Illinois General Assembly - Full Text of HB1468
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Full Text of HB1468  100th General Assembly

HB1468avm001 100TH GENERAL ASSEMBLY

 


 
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1
MOTION

 
2     I move to accept the specific recommendations of the
3Governor as to House Bill 1468 in manner and form as follows:
4
AMENDMENT TO HOUSE BILL 1468
5
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
6     Amend House Bill 1468 on page 1, immediately below line 3,
7by inserting the following:
 
8
"Article 1. Gun Violence Restraining Order Act.

 
9    Section 1-1. Short title. This Article may be cited as the
10Gun Violence Restraining Order Act, and references in this
11Article to "this Act" mean this Article.
 
12    Section 1-5. Legislative findings. The General Assembly
13finds as a matter of legislative determination that to protect
14the safety and welfare of the public it is necessary to provide
15a system of identifying and disarming persons who pose a danger
16of imminent personal injury to themselves or others.
 
17    Section 1-10. Definitions. In this Act:
18    "Danger" means reasonably likely to cause death or serious
19bodily injury.
20    "Firearm" has the same meaning ascribed to the term in
21Section 1.1 of the Firearm Owners Identification Card Act.

 

 

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1    "Firearm ammunition" has the same meaning ascribed to the
2term in Section 1.1 of the Firearm Owners Identification Card
3Act.
4    "Immediate family member" means a spouse, child, sibling,
5parent, grandparent, or grandchild, and includes a
6step-parent, step-child, step-sibling, or adoptive or foster
7relationship, or any other person who regularly resides in the
8same household.
 
9    Section 1-15. Emergency gun violence restraining order.
10    (a) Upon written complaint for an emergency gun violence
11restraining order filed by a State's Attorney, assistant
12State's Attorney, law enforcement officer, or immediate family
13member supported by evidence submitted under oath or
14affirmation, subject to the penalties for perjury, and stating
15facts sufficient to show probable cause to believe that:
16        (1) the identified person poses an imminent danger of
17    causing death or serious bodily injury to himself, herself,
18    or any other person;
19        (2) the person possesses or has ready access to one or
20    more firearms; and
21        (3) less restrictive alternatives either have been
22    tried and found to be ineffective or would be inadequate or
23    inappropriate under the circumstances,
24any judge in the jurisdiction in which the person who is the
25subject of the complaint resides or is currently located may

 

 

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1issue an emergency gun violence restraining order prohibiting
2the subject of the complaint from possessing, controlling,
3purchasing, receiving, or attempting to possess, control,
4purchase, or receive a firearm or firearm ammunition.
5    (a-5) Upon a finding by the court supported by a
6preponderance of the evidence that a complaint for an emergency
7gun violence restraining order is frivolous and filed for a
8vexatious reason, the court shall order the complaining party
9to pay any attorney's fees and court costs incurred by the
10person who is the subject of the complaint and to pay a civil
11penalty of at least $500 and up to $1000, to be paid in that
12order of priority.
13    (b) In all cases in which a complaint seeking an emergency
14gun violence restraining order pursuant to subsection (a) of
15this Section is filed by a person other than a State's Attorney
16or assistant State's Attorney, the judge receiving the
17complaint shall promptly notify the appropriate State's
18Attorney's office of the filing of the complaint and provide
19the State's Attorney or his or her representative an
20opportunity to be heard on the matter before issuing the
21requested order, provided such opportunity to be heard causes
22no material delay.
23    (c) The court issuing an emergency gun violence restraining
24order under subsection (a) of this Section may order redaction
25of the name and any other personal identifying information of
26any affiant or witness other than a law enforcement officer or

 

 

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1prosecutor in any copies of the complaint, order, or any
2related documents, provided that the unredacted original shall
3be maintained in an official court file that may be ordered
4sealed until further order of the court.
 
5    Section 1-20. Consideration of factors.
6    (a) In determining whether grounds exist to issue an
7emergency gun violence restraining order, the judge may
8consider, but is not limited to, evidence of:
9        (1) recent threats, acts, or attempted acts of violence
10    the person against himself, herself, or another person or
11    persons;
12        (2) a history of threats, acts, or attempted acts of
13    violence by the person against himself, herself, or another
14    person or persons;
15        (3) recent acts of cruelty to animals as described in
16    Section 3.01 of the Humane Care for Animals Act;
17        (4) social media posts or any other statements or
18    actions by such person evidencing an intent or propensity
19    to commit an act of violence resulting in personal injury
20    to himself, herself, or any other person;
21        (5) any previous determination that the person poses a
22    clear and present danger under subsection (d) of Section
23    8.1 of the Firearm Owners Identification Card Act and
24    related administrative rules;
25        (6) failure to take medications prescribed to control a

 

 

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1    mental illness otherwise likely to result or has previously
2    resulted in violent behavior;
3        (7) any disqualifying factor for eligibility for a
4    Firearm Owner's Identification Card under the Firearm
5    Owners Identification Card Act;
6        (8) the illegal use of controlled substances or
7    excessive use of alcohol by the person; and
8        (9) any available evidence the person does not pose an
9    imminent danger of causing death or serious bodily injury
10    to himself, herself, or any other person.
11    (b) In considering the weight to be given to these and any
12other relevant factors, the judge shall consider the evidence
13as a whole.
14    (c) Any emergency gun violence restraining order issued
15shall expire no later than 14 days from the date the order is
16issued. The order shall state the date and time the order was
17entered and shall expire. The order shall also contain the
18following statement:
19    "Based on credible evidence presented to the Court, the
20    Court finds: (1) there is probable cause to believe that
21    the person identified above poses an imminent danger of
22    causing death or serious bodily injury to himself, herself,
23    or another person or persons; (2) the person identified
24    above possesses or has ready access to one or more
25    firearms; and (3) less restrictive alternatives to
26    entering this order either have been tried and found to be

 

 

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1    ineffective or would be inadequate or inappropriate under
2    the circumstances. Based on those findings, the Court
3    orders that the person identified above shall immediately
4    surrender to the law enforcement officer or officers
5    serving upon him or her a copy of this order all firearms
6    and firearm ammunition he or she possesses, controls, or to
7    which he or she has ready access. Further, the person
8    identified above is prohibited from possessing,
9    controlling, purchasing, receiving, or attempting to
10    possess, control, purchase, or receive a firearm or firearm
11    ammunition while this order is in effect. An evidentiary
12    hearing shall be held within 14 days on the date and at the
13    time and place stated below to determine whether this
14    temporary emergency order should be made permanent for a
15    period up to six months. At the hearing, the person
16    identified above shall have the right to appear, present
17    evidence, testify on his or her own behalf if he or she
18    chooses to do so, make arguments to the court, and be
19    represented by an attorney retained at his or her own
20    expense."
21The order shall also state the date, time, and place of the
22hearing.
23    (d) A copy of any emergency gun violence restraining order
24entered shall be served on the subject of the complaint by one
25or more law enforcement officers as soon as reasonably possible
26after being entered. The officer or officers shall immediately

 

 

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1take custody of all firearms and firearm ammunition surrendered
2by the subject of the complaint or in a location to which the
3officer or officers have or gain lawful access, which shall be
4maintained in the custody of the sheriff or law enforcement
5agency where the person resides or is found or the items are
6surrendered until further order of the court.
7    (e) If no further action is taken by the court by the date
8and time the order expires and if the person who is the subject
9of the order is lawfully entitled to possess a firearm, then
10any firearm or other items surrendered, seized, or transferred
11under the emergency gun violence restraining order shall be
12promptly returned to the person or transferred to an authorized
13representative lawfully entitled to possess them.
 
14    Section 1-25. Gun violence prevention search warrant.
15    (a) In any case in which a judge issues an emergency gun
16violence restraining order or gun violence restraining order,
17upon written application filed by a State's Attorney, assistant
18State's Attorney, or law enforcement officer supported by
19evidence submitted under oath or affirmation stating facts
20sufficient to show probable cause to believe that: (1)
21certifying that the applicant has conducted an independent
22investigation and determined that no reasonably available
23alternative will prevent such person from causing death or
24serious bodily injury to himself, herself, or another person
25with a firearm or firearms, any judge with jurisdiction where

 

 

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1the items are located may issue a search warrant for seizure of
2the firearm or firearms.
3    (b) An application for a gun violence prevention search
4warrant may incorporate by reference any previous complaint or
5other evidence submitted in the matter and the judge may take
6judicial notice of any evidence presented to the court and any
7judicial findings entered in any prior proceedings relating to
8the matter.
9    (c) Unless otherwise provided in this Act, the procedures
10for issuance and execution of a gun violence prevention search
11warrant shall conform to applicable provisions of Article 108
12of the Code of Criminal Procedure of 1963.
13    (d) In determining whether grounds exist to issue a gun
14violence prevention search warrant, the judge may consider, but
15is not limited to, the factors described in Section 1-20 of
16this Act.
 
17    Section 1-30. Hearing; gun violence restraining order; and
18disposition of firearms.
19    (a) No later than 14 days after issuance of an emergency
20gun violence restraining order issued under Section 1-15 of
21this Act, a court with jurisdiction where the subject of the
22order resides or is found shall hold an evidentiary hearing to
23determine whether a gun violence restraining order should be
24entered. At the hearing, the petitioner, or the State's
25Attorney if the petitioner was a law enforcement officer, shall

 

 

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1have the burden of proving all material facts by clear and
2convincing evidence. At the hearing, the person who is the
3subject of the emergency gun violence restraining order shall
4have the right to appear, present evidence, testify on his or
5her own behalf if he or she chooses to do so or remain silent,
6make arguments to the court, and be represented by an attorney
7retained at his or her own expense.
8    (a-5) The hearing may be continued for up to 30 days at the
9request of the person who is the subject of the emergency gun
10violence restraining order. If the person who is the subject of
11the emergency gun violence restraining order fails to appear
12after being served with a copy of the emergency gun violence
13restraining order or after reasonable efforts to serve such
14order have failed, the evidentiary hearing may proceed in his
15or her absence.
16    (b) In determining whether grounds exist to issue a gun
17violence restraining order, the judge may consider, but is not
18limited to, the factors described in Section 1-20 of this Act.
19    (c) If, after a hearing held pursuant to subsection (a) of
20this Section, the judge finds by clear and convincing evidence
21that:
22        (1) the subject of the emergency gun violence
23    restraining order poses an imminent danger of causing death
24    or serious bodily injury to himself, herself, or any other
25    person;
26        (2) the person possesses or has ready access to one or

 

 

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1    more firearms; and
2        (3) less restrictive alternatives either have been
3    tried and found to be ineffective or would be inadequate or
4    inappropriate under the circumstances, the judge shall
5    enter a gun violence restraining order containing the same
6    prohibitions described in Section 1-15 of this Act and
7    ordering that any firearm and firearm ammunition
8    surrendered or seized under the emergency gun violence
9    restraining order or gun violence prevention search
10    warrant issued under this Act shall continue to be held for
11    safekeeping by a designated law enforcement agency for a
12    period not to exceed six months. Otherwise, the judge shall
13    order that the surrendered or seized firearm and firearm
14    ammunition be returned to the subject of the emergency
15    order.
16    (c-5) All firearms and firearm ammunition surrendered or
17seized under this Act shall be maintained by the law
18enforcement agency having custody of the items in a location
19and such manner that when returned or transferred to their
20owner they shall be in the same physical and operating
21condition as when surrendered or seized.
22    (d) Any person whose firearm or firearm ammunition have
23been surrendered or ordered seized pursuant to this Act, or the
24person's legal representative, may transfer ownership or
25possession of the items in accordance with the provisions of
26subsection (a) of Section 9.5 of the Firearm Owners

 

 

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1Identification Card Act, or other applicable state or federal
2law, to any person eligible to possess a firearm under the
3Firearm Owners Identification Card Act, subject to an order by
4the court and agreement of the person receiving the items that
5they shall be maintained in a secure manner inaccessible to the
6subject of an emergency gun violence restraining order or gun
7violence restraining order while any such order is in effect.
8    (e) If the judge at any time determines that a firearm or
9other item surrendered or seized under an emergency gun
10violence restraining order, gun violence restraining order, or
11search warrant is owned by another person who is lawfully
12eligible to possess a firearm, the judge may order the law
13enforcement agency having custody of the firearm or item to
14deliver the firearm or item to the owner, subject to an order
15by the court and agreement of the person receiving the items
16that they shall be maintained in a secure manner inaccessible
17to the subject of an emergency gun violence restraining order
18or gun violence restraining order while any such order is in
19effect.
20    (f) At any time after a court orders a law enforcement
21agency to retain a person's firearm or firearm ammunition under
22this Act, the person may petition the court for return of the
23item. Upon receipt of the petition the court shall enter an
24order setting a date for a hearing on the petition and inform
25the person and State's Attorney of the date, time, and location
26of the hearing. In a hearing on a petition under this

 

 

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1subsection (f), the person whose firearm or firearm ammunition
2has been surrendered or seized may be represented by an
3attorney retained at his or her own expense; and shall have the
4burden of proving by a preponderance of the evidence that the
5person does not pose an imminent danger of causing serious
6bodily injury to himself, herself, or any other person.
7    (g) If, after a hearing held under subsection (f) of this
8Section, the judge finds that the person who is the subject of
9the complaint does not pose an imminent danger of serious
10bodily injury to himself, herself, or any other person and that
11the person is otherwise eligible to lawfully possess a firearm
12under the Firearm Owners Identification Card Act, the judge
13shall order the law enforcement agency having custody of the
14firearm or firearm ammunition to promptly return the item to
15the person or authorized representative. The court shall direct
16the Department of State Police to return and reinstate the
17person's Firearm Owner's Identification Card if not otherwise
18expired, suspended, or revoked. If the judge denies the
19person's petition, the judge shall order that the firearm or
20firearm ammunition surrendered or seized under this Act
21continue to be held by the sheriff or law enforcement agency
22having custody of them for a period not to exceed six months
23from the date of denial of the petition, and the person may not
24file a subsequent petition until at least 90 days after the
25date on which the petition was denied.
26    (h) Upon expiration of the last order directing a law

 

 

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1enforcement agency to retain a person's firearm or firearm
2ammunition under this Act, and upon request by the person who
3surrendered the items or from whom the items were seized, the
4law enforcement agency with custody of the items shall release
5the items to the person if the person is otherwise eligible to
6lawfully possess a firearm to lawfully possess a firearm under
7the Firearm Owners Identification Card Act. If the person fails
8to request return of the firearm or firearm ammunition is
9ineligible to lawfully possess a firearm and fails to transfer
10the firearm or other item to another person pursuant to
11subsection (d) of this Section, the law enforcement agency
12shall continue to retain the firearm or other item until entry
13of a court order under subsection (i) of this Section.
14    (i) If after 5 years from the expiration of the last order
15directing a law enforcement agency to retain a person's firearm
16or firearm ammunition under this Act, a firearm or firearm
17ammunition continues to be held by a law enforcement agency
18under the order and the person who is the subject of the order
19fails to request return of the item or is ineligible to
20lawfully possess a firearm and fails to transfer the firearm or
21other item to another person pursuant to subsection (d) of this
22Section, the court, after giving notice to the parties and
23conducting a hearing, may order the law enforcement agency
24having custody of the firearm or other item to dispose of the
25firearm or other item in whatever manner the court deems
26appropriate.
 

 

 

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1    Section 1-35. Suspension of Firearm Owner's Identification
2Card and concealed carry license.
3    (a) Upon issuance of an emergency gun violence restraining
4order under subsection (a) of Section 1-15 of this Act, the
5court shall immediately notify the Department of State Police.
6The local law enforcement agency, upon direction of the court,
7shall immediately mail the person's Firearm Owner's
8Identification Card and any concealed carry license to the
9Department of State Police Firearm Owners Identification Card
10Office for safekeeping. Upon receipt of the notice, the
11Department of State Police shall immediately suspend any
12Firearm Owner's Identification Card and Concealed Carry
13License of the person who is the subject of the order, pending
14the outcome of a hearing held pursuant to Section 1-30 of this
15Act. If, after the hearing, the court fails to issue a gun
16violence restraining order the court shall immediately notify
17the Department of State Police. Upon receipt of the notice, the
18Department of State Police shall immediately reinstate and
19return the person's Firearm Owner's Identification Card and any
20concealed carry license at no cost to the person.
21    (b) Upon entry of a gun violence restraining order pursuant
22to Section 1-30 of this Act, the court shall immediately notify
23the Department of State Police. Upon receipt of such notice,
24the Illinois State Police shall immediately suspend any Firearm
25Owner's Identification Card and concealed carry license of the
26person who is the subject of the order for the duration of the

 

 

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1order.
 
2    Section 1-40. Military and police firearms and personnel.
3    (a) Notwithstanding any other provision of this Act, this
4Act shall not be construed or applied to restrict the Illinois
5National Guard or Armed Forces of the United States from
6issuing firearms to its personnel. Any firearm or firearm
7ammunition surrendered or seized under this Act issued by or
8otherwise constituting property of the Illinois National Guard
9or Armed Forces of the United States shall be promptly
10delivered to the Illinois National Guard or appropriate branch
11of the Armed Forces of the United States to be retained and
12used in whatever manner that entity deems appropriate. Notice
13of any order entered under this Act relating to a member of the
14Illinois National Guard or Armed Forces of the United States
15shall be promptly provided to the Illinois National Guard or
16appropriate branch of the Armed Forces of the United States.
17    (b) Any firearms or firearm ammunition surrendered or
18seized under this act issued by or otherwise constituting
19property of a law enforcement agency shall be promptly
20delivered to the law enforcement agency to be retained and used
21in whatever manner the agency deems appropriate, except that no
22such firearm or firearm ammunition may be possessed by a person
23subject to an order entered under this Act. Notice of any order
24entered under this Act relating to a law enforcement officer
25shall be promptly provided to the person's law enforcement

 

 

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1agency.
 
2    Section 1-45. Penalty. A person who knowingly violates an
3emergency gun violence restraining order or gun violence
4restraining order entered under this Act shall be guilty of a
5Class 4 felony.
 
6
Article 5. Gun Crime Charging and Sentencing Accountability and
7
Transparency Act.

 
8    Section 5-1. Short title. This Article may be cited as the
9Gun Crime Charging and Sentencing Accountability and
10Transparency Act, and references in this Article to "this Act"
11mean this Article.
 
12    Section 5-5. Plea agreement; State's Attorney. In a
13criminal case, if a defendant is charged with an offense
14involving the illegal use or possession of a firearm and
15subsequently enters into a plea agreement in which in the
16charge will be reduced to a lesser offense or a non-weapons
17offense in exchange for a plea of guilty, at or before the time
18of sentencing, the State's Attorney shall file with the court a
19written statement of his or her reasons in support of the plea
20agreement, which reasons shall specifically explain why the
21offense or offenses of conviction that result from the plea
22agreement do not include the originally charged weapons

 

 

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1offense. The written statement shall be part of the court
2record in the case and a copy shall be provided to any person
3upon request.
 
4    Section 5-10. Sentencing; judge. In a criminal case in
5which the original charge is or was for an offense involving
6the illegal use or possession of a firearm, if a defendant
7pleads guilty or is found guilty of the original charge or a
8lesser offense or a non-weapons offense, in imposing sentence
9the judge shall set forth in a written sentencing order his or
10her reasons for imposing the sentence or accepting the plea
11agreement. A copy of the written sentencing order shall be
12provided to any person upon request.
 
13
Article 10. Amendatory Provisions.

 
14    Section 10-5. The Counties Code is amended by changing
15Section 5-1006.7 as follows:
 
16    (55 ILCS 5/5-1006.7)
17    Sec. 5-1006.7. School facility and resources occupation
18taxes.
19    (a) In any county, a tax shall be imposed upon all persons
20engaged in the business of selling tangible personal property,
21other than personal property titled or registered with an
22agency of this State's government, at retail in the county on

 

 

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1the gross receipts from the sales made in the course of
2business to provide revenue to be used exclusively for (i)
3school facility purposes or (ii) school resource officers and
4mental health professionals, or (iii) school facility
5purposes, school resource officers, and mental health
6professionals, if a proposition for the tax has been submitted
7to the electors of that county and approved by a majority of
8those voting on the question as provided in subsection (c). The
9tax under this Section shall be imposed only in one-quarter
10percent increments and may not exceed 1%.
11    This additional tax may not be imposed on the sale of food
12for human consumption that is to be consumed off the premises
13where it is sold (other than alcoholic beverages, soft drinks,
14and food that has been prepared for immediate consumption) and
15prescription and non-prescription medicines, drugs, medical
16appliances and insulin, urine testing materials, syringes and
17needles used by diabetics. The Department of Revenue has full
18power to administer and enforce this subsection, to collect all
19taxes and penalties due under this subsection, to dispose of
20taxes and penalties so collected in the manner provided in this
21subsection, and to determine all rights to credit memoranda
22arising on account of the erroneous payment of a tax or penalty
23under this subsection. The Department shall deposit all taxes
24and penalties collected under this subsection into a special
25fund created for that purpose.
26    In the administration of and compliance with this

 

 

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1subsection, the Department and persons who are subject to this
2subsection (i) have the same rights, remedies, privileges,
3immunities, powers, and duties, (ii) are subject to the same
4conditions, restrictions, limitations, penalties, and
5definitions of terms, and (iii) shall employ the same modes of
6procedure as are set forth in Sections 1 through 1o, 2 through
72-70 (in respect to all provisions contained in those Sections
8other than the State rate of tax), 2a through 2h, 3 (except as
9to the disposition of taxes and penalties collected), 4, 5, 5a,
105b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
117, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
12Tax Act and all provisions of the Uniform Penalty and Interest
13Act as if those provisions were set forth in this subsection.
14    The certificate of registration that is issued by the
15Department to a retailer under the Retailers' Occupation Tax
16Act permits the retailer to engage in a business that is
17taxable without registering separately with the Department
18under an ordinance or resolution under this subsection.
19    Persons subject to any tax imposed under the authority
20granted in this subsection may reimburse themselves for their
21seller's tax liability by separately stating that tax as an
22additional charge, which may be stated in combination, in a
23single amount, with State tax that sellers are required to
24collect under the Use Tax Act, pursuant to any bracketed
25schedules set forth by the Department.
26    (b) If a tax has been imposed under subsection (a), then a

 

 

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1service occupation tax must also be imposed at the same rate
2upon all persons engaged, in the county, in the business of
3making sales of service, who, as an incident to making those
4sales of service, transfer tangible personal property within
5the county as an incident to a sale of service.
6    This tax may not be imposed on sales of food for human
7consumption that is to be consumed off the premises where it is
8sold (other than alcoholic beverages, soft drinks, and food
9prepared for immediate consumption) and prescription and
10non-prescription medicines, drugs, medical appliances and
11insulin, urine testing materials, syringes, and needles used by
12diabetics.
13    The tax imposed under this subsection and all civil
14penalties that may be assessed as an incident thereof shall be
15collected and enforced by the Department and deposited into a
16special fund created for that purpose. The Department has full
17power to administer and enforce this subsection, to collect all
18taxes and penalties due under this subsection, to dispose of
19taxes and penalties so collected in the manner provided in this
20subsection, and to determine all rights to credit memoranda
21arising on account of the erroneous payment of a tax or penalty
22under this subsection.
23    In the administration of and compliance with this
24subsection, the Department and persons who are subject to this
25subsection shall (i) have the same rights, remedies,
26privileges, immunities, powers and duties, (ii) be subject to

 

 

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1the same conditions, restrictions, limitations, penalties and
2definition of terms, and (iii) employ the same modes of
3procedure as are set forth in Sections 2 (except that that
4reference to State in the definition of supplier maintaining a
5place of business in this State means the county), 2a through
62d, 3 through 3-50 (in respect to all provisions contained in
7those Sections other than the State rate of tax), 4 (except
8that the reference to the State shall be to the county), 5, 7,
98 (except that the jurisdiction to which the tax is a debt to
10the extent indicated in that Section 8 is the county), 9
11(except as to the disposition of taxes and penalties
12collected), 10, 11, 12 (except the reference therein to Section
132b of the Retailers' Occupation Tax Act), 13 (except that any
14reference to the State means the county), Section 15, 16, 17,
1518, 19, and 20 of the Service Occupation Tax Act and all
16provisions of the Uniform Penalty and Interest Act, as fully as
17if those provisions were set forth herein.
18    Persons subject to any tax imposed under the authority
19granted in this subsection may reimburse themselves for their
20serviceman's tax liability by separately stating the tax as an
21additional charge, which may be stated in combination, in a
22single amount, with State tax that servicemen are authorized to
23collect under the Service Use Tax Act, pursuant to any
24bracketed schedules set forth by the Department.
25    (c) The tax under this Section may not be imposed until the
26question of imposing the tax has been submitted to the electors

 

 

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1of the county at a regular election and approved by a majority
2of the electors voting on the question. For all regular
3elections held prior to August 23, 2011 (the effective date of
4Public Act 97-542), upon a resolution by the county board or a
5resolution by school district boards that represent at least
651% of the student enrollment within the county, the county
7board must certify the question to the proper election
8authority in accordance with the Election Code.
9    For all regular elections held prior to August 23, 2011
10(the effective date of Public Act 97-542), the election
11authority must submit the question in substantially the
12following form:
13        Shall (name of county) be authorized to impose a
14    retailers' occupation tax and a service occupation tax
15    (commonly referred to as a "sales tax") at a rate of
16    (insert rate) to be used exclusively for school facility
17    purposes?
18The election authority must record the votes as "Yes" or "No".
19    If a majority of the electors voting on the question vote
20in the affirmative, then the county may, thereafter, impose the
21tax.
22    For all regular elections held on or after August 23, 2011
23(the effective date of Public Act 97-542), the regional
24superintendent of schools for the county must, upon receipt of
25a resolution or resolutions of school district boards that
26represent more than 50% of the student enrollment within the

 

 

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1county, certify the question to the proper election authority
2for submission to the electors of the county at the next
3regular election at which the question lawfully may be
4submitted to the electors, all in accordance with the Election
5Code.
6    For all regular elections held on or after August 23, 2011
7(the effective date of Public Act 97-542) and before the
8effective date of this amendatory Act of the 100th General
9Assembly, the election authority must submit the question in
10substantially the following form:
11        Shall a retailers' occupation tax and a service
12    occupation tax (commonly referred to as a "sales tax") be
13    imposed in (name of county) at a rate of (insert rate) to
14    be used exclusively for school facility purposes?
15The election authority must record the votes as "Yes" or "No".
16    If a majority of the electors voting on the question vote
17in the affirmative, then the tax shall be imposed at the rate
18set forth in the question.
19    For all regular elections held on or after the effective
20date of this amendatory Act of the 100th General Assembly, the
21election authority must submit the question as provided in this
22paragraph. If the referendum is to expand the use of revenues
23from a currently imposed tax to include school resource
24officers and mental health professionals, the question shall be
25in substantially the following form:
26        In addition to school facility purposes, shall (name of

 

 

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1    county) school districts be authorized to use revenues from
2    the tax commonly referred to as the school facility sales
3    tax that is currently imposed in (name of county) at a rate
4    of (insert rate) for school resource officers and mental
5    health professionals?
6    If the referendum is to increase the rate of a tax
7currently imposed at less than 1% and dedicate the additional
8revenues for school resource officers and mental health
9professionals, the question shall be in substantially the
10following form:
11        Shall the tax commonly referred to as the school
12    facility sales tax that is currently imposed in (name of
13    county) at the rate of (insert rate) be increased to a rate
14    of (insert rate) with the additional revenues used
15    exclusively for school resource officers and mental health
16    professionals?
17If the referendum is to impose a tax, in a county that has not
18previously imposed a tax under this Section, exclusively for
19school facility purposes, the question shall be in
20substantially the following form:
21        Shall a retailers' occupation tax and a service
22    occupation tax (commonly referred to as a "sales tax") be
23    imposed in (name of county) at a rate of (insert rate) to
24    be used exclusively for school facility purposes?
25If the referendum is to impose a tax, in a county that has not
26previously imposed a tax under this Section, exclusively for

 

 

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1school resource officers and mental health professionals, the
2question shall be in substantially the following form:
3        Shall a retailers' occupation tax and a service
4    occupation tax (commonly referred to as a "sales tax") be
5    imposed in (name of county) at a rate of (insert rate) to
6    be used exclusively for school resource officers and mental
7    health professionals?
8    If the referendum is to impose a tax, in a county that has
9not previously imposed a tax under this Section, exclusively
10for school facility purposes, school resource officers, and
11mental health professionals, the question shall be in
12substantially the following form:
13        Shall a retailers' occupation tax and a service
14    occupation tax (commonly referred to as a "sales tax") be
15    imposed in (name of county) at a rate of (insert rate) to
16    be used exclusively for school facility purposes, school
17    resource officers, and mental health professionals?
18    The election authority must record the votes as "Yes" or
19"No".
20    If a majority of the electors voting on the question vote
21in the affirmative, then the tax shall be imposed at the rate
22set forth in the question.
23    For the purposes of this subsection (c), "enrollment" means
24the head count of the students residing in the county on the
25last school day of September of each year, which must be
26reported on the Illinois State Board of Education Public School

 

 

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1Fall Enrollment/Housing Report.
2    (d) The Department shall immediately pay over to the State
3Treasurer, ex officio, as trustee, all taxes and penalties
4collected under this Section to be deposited into the School
5Facility Occupation Tax Fund, which shall be an unappropriated
6trust fund held outside the State treasury.
7    On or before the 25th day of each calendar month, the
8Department shall prepare and certify to the Comptroller the
9disbursement of stated sums of money to the regional
10superintendents of schools in counties from which retailers or
11servicemen have paid taxes or penalties to the Department
12during the second preceding calendar month. The amount to be
13paid to each regional superintendent of schools and disbursed
14to him or her in accordance with Section 3-14.31 of the School
15Code, is equal to the amount (not including credit memoranda)
16collected from the county under this Section during the second
17preceding calendar month by the Department, (i) less 2% of that
18amount, which shall be deposited into the Tax Compliance and
19Administration Fund and shall be used by the Department,
20subject to appropriation, to cover the costs of the Department
21in administering and enforcing the provisions of this Section,
22on behalf of the county, (ii) plus an amount that the
23Department determines is necessary to offset any amounts that
24were erroneously paid to a different taxing body; (iii) less an
25amount equal to the amount of refunds made during the second
26preceding calendar month by the Department on behalf of the

 

 

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1county; and (iv) less any amount that the Department determines
2is necessary to offset any amounts that were payable to a
3different taxing body but were erroneously paid to the county.
4When certifying the amount of a monthly disbursement to a
5regional superintendent of schools under this Section, the
6Department shall increase or decrease the amounts by an amount
7necessary to offset any miscalculation of previous
8disbursements within the previous 6 months from the time a
9miscalculation is discovered.
10    Within 10 days after receipt by the Comptroller from the
11Department of the disbursement certification to the regional
12superintendents of the schools provided for in this Section,
13the Comptroller shall cause the orders to be drawn for the
14respective amounts in accordance with directions contained in
15the certification.
16    If the Department determines that a refund should be made
17under this Section to a claimant instead of issuing a credit
18memorandum, then the Department shall notify the Comptroller,
19who shall cause the order to be drawn for the amount specified
20and to the person named in the notification from the
21Department. The refund shall be paid by the Treasurer out of
22the School Facility Occupation Tax Fund.
23    (e) For the purposes of determining the local governmental
24unit whose tax is applicable, a retail sale by a producer of
25coal or another mineral mined in Illinois is a sale at retail
26at the place where the coal or other mineral mined in Illinois

 

 

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1is extracted from the earth. This subsection does not apply to
2coal or another mineral when it is delivered or shipped by the
3seller to the purchaser at a point outside Illinois so that the
4sale is exempt under the United States Constitution as a sale
5in interstate or foreign commerce.
6    (f) Nothing in this Section may be construed to authorize a
7tax to be imposed upon the privilege of engaging in any
8business that under the Constitution of the United States may
9not be made the subject of taxation by this State.
10    (g) If a county board imposes a tax under this Section
11pursuant to a referendum held before August 23, 2011 (the
12effective date of Public Act 97-542) at a rate below the rate
13set forth in the question approved by a majority of electors of
14that county voting on the question as provided in subsection
15(c), then the county board may, by ordinance, increase the rate
16of the tax up to the rate set forth in the question approved by
17a majority of electors of that county voting on the question as
18provided in subsection (c). If a county board imposes a tax
19under this Section pursuant to a referendum held before August
2023, 2011 (the effective date of Public Act 97-542), then the
21board may, by ordinance, discontinue or reduce the rate of the
22tax. If a tax is imposed under this Section pursuant to a
23referendum held on or after August 23, 2011 (the effective date
24of Public Act 97-542) and before the effective date of this
25amendatory Act of the 100th General Assembly, then the county
26board may reduce or discontinue the tax, but only in accordance

 

 

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1with subsection (h-5) of this Section. If a tax is imposed
2under this Section pursuant to a referendum held on or after
3the effective date of this amendatory Act of the 100th General
4Assembly, then the county board may reduce or discontinue the
5tax, but only in accordance with subsection (h-10) of this
6Section. If, however, a school board issues bonds that are
7secured by the proceeds of the tax under this Section, then the
8county board may not reduce the tax rate or discontinue the tax
9if that rate reduction or discontinuance would adversely affect
10the school board's ability to pay the principal and interest on
11those bonds as they become due or necessitate the extension of
12additional property taxes to pay the principal and interest on
13those bonds. If the county board reduces the tax rate or
14discontinues the tax, then a referendum must be held in
15accordance with subsection (c) of this Section in order to
16increase the rate of the tax or to reimpose the discontinued
17tax.
18    Until January 1, 2014, the results of any election that
19imposes, reduces, or discontinues a tax under this Section must
20be certified by the election authority, and any ordinance that
21increases or lowers the rate or discontinues the tax must be
22certified by the county clerk and, in each case, filed with the
23Illinois Department of Revenue either (i) on or before the
24first day of April, whereupon the Department shall proceed to
25administer and enforce the tax or change in the rate as of the
26first day of July next following the filing; or (ii) on or

 

 

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1before the first day of October, whereupon the Department shall
2proceed to administer and enforce the tax or change in the rate
3as of the first day of January next following the filing.
4    Beginning January 1, 2014, the results of any election that
5imposes, reduces, or discontinues a tax under this Section must
6be certified by the election authority, and any ordinance that
7increases or lowers the rate or discontinues the tax must be
8certified by the county clerk and, in each case, filed with the
9Illinois Department of Revenue either (i) on or before the
10first day of May, whereupon the Department shall proceed to
11administer and enforce the tax or change in the rate as of the
12first day of July next following the filing; or (ii) on or
13before the first day of October, whereupon the Department shall
14proceed to administer and enforce the tax or change in the rate
15as of the first day of January next following the filing.
16    (h) For purposes of this Section, "school facility
17purposes" means (i) the acquisition, development,
18construction, reconstruction, rehabilitation, improvement,
19financing, architectural planning, and installation of capital
20facilities consisting of buildings, structures, and durable
21equipment and for the acquisition and improvement of real
22property and interest in real property required, or expected to
23be required, in connection with the capital facilities and (ii)
24the payment of bonds or other obligations heretofore or
25hereafter issued, including bonds or other obligations
26heretofore or hereafter issued to refund or to continue to

 

 

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1refund bonds or other obligations issued, for school facility
2purposes, provided that the taxes levied to pay those bonds are
3abated by the amount of the taxes imposed under this Section
4that are used to pay those bonds. "School-facility purposes"
5also includes fire prevention, safety, energy conservation,
6accessibility, school security, and specified repair purposes
7set forth under Section 17-2.11 of the School Code.
8    (h-5) A county board in a county where a tax has been
9imposed under this Section pursuant to a referendum held on or
10after August 23, 2011 (the effective date of Public Act 97-542)
11and before the effective date of this amendatory Act of the
12100th General Assembly may, by ordinance or resolution, submit
13to the voters of the county the question of reducing or
14discontinuing the tax. In the ordinance or resolution, the
15county board shall certify the question to the proper election
16authority in accordance with the Election Code. The election
17authority must submit the question in substantially the
18following form:
19        Shall the school facility retailers' occupation tax
20    and service occupation tax (commonly referred to as the
21    "school facility sales tax") currently imposed in (name of
22    county) at a rate of (insert rate) be (reduced to (insert
23    rate))(discontinued)?
24If a majority of the electors voting on the question vote in
25the affirmative, then, subject to the provisions of subsection
26(g) of this Section, the tax shall be reduced or discontinued

 

 

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1as set forth in the question.
2    (h-10) A county board in a county where a tax has been
3imposed under this Section pursuant to a referendum held on or
4after the effective date of this amendatory Act of the 100th
5General Assembly may, by ordinance or resolution, submit to the
6voters of the county the question of reducing or discontinuing
7the tax. In the ordinance or resolution, the county board shall
8certify the question to the proper election authority in
9accordance with the Election Code. The election authority must
10submit the question in substantially the following form:
11        Shall the school facility and resources retailers'
12    occupation tax and service occupation tax (commonly
13    referred to as the "school facility and resources sales
14    tax") currently imposed in (name of county) at a rate of
15    (insert rate) be (reduced to (insert rate))(discontinued)?
16    If a majority of the electors voting on the question vote
17in the affirmative, then, subject to the provisions of
18subsection (g) of this Section, the tax shall be reduced or
19discontinued as set forth in the question.
20    (i) This Section does not apply to Cook County.
21    (j) This Section may be cited as the County School Facility
22and Resources Occupation Tax Law.
23(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
2499-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
 

 

 

HB1468AVM001- 33 -LRB100 03292 RLC 40115 v


 
1    Section 10-10. The Firearm Owners Identification Card Act
2is amended by adding Section 8.5 as follows:
 
3    (430 ILCS 65/8.5 new)
4    Sec. 8.5. Suspension of a Firearm Owner's Identification
5Card under the Gun Violence Restraining Order Act. The
6Department of State Police shall suspend a person's Firearm
7Owner's Identification Card for the duration of an emergency
8gun violence restraining order or a gun violence restraining
9order as provided in Section 1-35 of the Gun Violence
10Restraining Order Act.
 
11    Section 10-15. The Firearm Concealed Carry Act is amended
12by adding Section 42 as follows:
 
13    (430 ILCS 66/42 new)
14    Sec. 42. Suspension of a concealed carry license under the
15Gun Violence Restraining Order Act. The Department of State
16Police shall suspend a person's concealed carry license for the
17duration of an emergency gun violence restraining order or a
18gun violence restraining order as provided under Section 1-35
19of the Gun Violence Restraining Order Act."; and
 
20on page 1, by replacing lines 4 through 5 with the following:
 

 

 

HB1468AVM001- 34 -LRB100 03292 RLC 40115 v


 
1    "Section 10-20. The Criminal Code of 2012 is amended by
2changing Sections 5-1, 24-1, and 24-3 and by adding Sections
34-4.5, 5-2.5, and 9-1.5 as follows:
 
4    (720 ILCS 5/4-4.5 new)
5    Sec. 4-4.5. Purposely or purpose. In Section 5-2.5 and
69-1.5 of this Code, a person acts purposely or with the purpose
7when his or her conscious objective is to cause the death of
8another human being.
 
9    (720 ILCS 5/5-1)  (from Ch. 38, par. 5-1)
10    Sec. 5-1. Accountability for conduct of another. Except as
11provided in Section 5-2.5 of the Code a A person is responsible
12for conduct which is an element of an offense if the conduct is
13either that of the person himself, or that of another and he is
14legally accountable for such conduct as provided in Section 5-2
15of this Code, or both.
16(Source: Laws 1961, p. 1983.)
 
17    (720 ILCS 5/5-2.5 new)
18    Sec. 5-2.5. Death penalty murder; accountability for acts
19of others. A person is legally accountable for the conduct of
20another in the commission of death penalty murder only when:
21        (1) having the purpose to cause the death of another
22    human being without lawful justification, the person
23    commands, induces, procures, or causes another to perform

 

 

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1    the conduct; or
2        (2) the person agrees with one or more other persons to
3    engage in conduct for the common purpose of causing the
4    death of another human being without lawful justification,
5    in which case all parties to the agreement shall be
6    criminally liable for acts of other parties to the
7    agreement committed during and in furtherance of the
8    agreement.
 
9    (720 ILCS 5/9-1.5 new)
10    Sec. 9-1.5. Death penalty murder.
11    (a) In this Section, "human being" means a person who has
12been born and is alive.
13    (b) A person commits death penalty murder when at the time
14of the commission of the offense he or she has attained the age
15of 18 or more and he or she purposely causes the death of
16another human being without lawful justification if:
17        (1) at the time of the offense, the person caused the
18    death of 2 or more other human beings without lawful
19    justification; or
20        (2) the victim was a peace officer, as defined by
21    Section 2-13 of this Code, killed in the course of
22    performing his or her official duties, either to prevent
23    the performance of the officer's duties or in retaliation
24    for the performance of the officer's duties, and the person
25    knew that the victim was a peace officer.

 

 

HB1468AVM001- 36 -LRB100 03292 RLC 40115 v


 
1    (c) The trier of fact regarding the charge of death penalty
2murder shall resolve any doubt regarding identification or any
3element of the offense in favor of the defendant. A defendant
4shall not be found guilty of the offense of death penalty
5murder unless each and every element of the offense is
6established beyond any doubt. If the trial is by jury, before
7the trial commences and again before jury deliberations
8commence, the jury shall be instructed that the penalty for
9death penalty murder is death.
10    (d) A defendant, who has been found guilty of death penalty
11murder, may, at a separate sentencing hearing, present evidence
12of mitigating circumstances not rising to the level of legal
13justification, including but not limited to evidence of
14intellectual disability as provided in Section 114-15 of the
15Code of Criminal Procedure of 1963. The prosecution may present
16rebuttal evidence. The hearing shall be before the trial judge.
17The judge shall sentence the defendant to death, unless he or
18she finds that the defendant has, by a preponderance of the
19evidence, presented sufficiently substantial evidence to prove
20intellectual disability or that imposition of the death penalty
21would result in a manifest miscarriage of justice, in which
22case the judge shall sentence the defendant to life
23imprisonment without the possibility of parole.
24    (e) On appeal from a conviction of death penalty murder,
25review of the facts shall be de novo. In conducting its de novo
26review of the trial evidence, the appellate court shall resolve

 

 

HB1468AVM001- 37 -LRB100 03292 RLC 40115 v


 
1all doubt regarding identification and guilt in favor of the
2defendant. The appellate court shall conduct an independent
3review of the evidence without giving deference to the judgment
4of the trier of fact at trial.
5    (f) Sentence. The sentence for death penalty murder is
6death.
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful use of weapons.
9    (a) A person commits the offense of unlawful use of weapons
10when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any knife,
15    commonly referred to as a switchblade knife, which has a
16    blade that opens automatically by hand pressure applied to
17    a button, spring or other device in the handle of the
18    knife, or a ballistic knife, which is a device that propels
19    a knifelike blade as a projectile by means of a coil
20    spring, elastic material or compressed gas; or
21        (2) Carries or possesses with intent to use the same
22    unlawfully against another, a dagger, dirk, billy,
23    dangerous knife, razor, stiletto, broken bottle or other
24    piece of glass, stun gun or taser or any other dangerous or
25    deadly weapon or instrument of like character; or

 

 

HB1468AVM001- 38 -LRB100 03292 RLC 40115 v


 
1        (3) Carries on or about his person or in any vehicle, a
2    tear gas gun projector or bomb or any object containing
3    noxious liquid gas or substance, other than an object
4    containing a non-lethal noxious liquid gas or substance
5    designed solely for personal defense carried by a person 18
6    years of age or older; or
7        (4) Carries or possesses in any vehicle or concealed on
8    or about his person except when on his land or in his own
9    abode, legal dwelling, or fixed place of business, or on
10    the land or in the legal dwelling of another person as an
11    invitee with that person's permission, any pistol,
12    revolver, stun gun or taser or other firearm, except that
13    this subsection (a) (4) does not apply to or affect
14    transportation of weapons that meet one of the following
15    conditions:
16            (i) are broken down in a non-functioning state; or
17            (ii) are not immediately accessible; or
18            (iii) are unloaded and enclosed in a case, firearm
19        carrying box, shipping box, or other container by a
20        person who has been issued a currently valid Firearm
21        Owner's Identification Card; or
22            (iv) are carried or possessed in accordance with
23        the Firearm Concealed Carry Act by a person who has
24        been issued a currently valid license under the Firearm
25        Concealed Carry Act; or
26        (5) Sets a spring gun; or

 

 

HB1468AVM001- 39 -LRB100 03292 RLC 40115 v


 
1        (6) Possesses any device or attachment of any kind
2    designed, used or intended for use in silencing the report
3    of any firearm; or
4        (7) Sells, manufactures, purchases, possesses or
5    carries:
6            (i) a machine gun, which shall be defined for the
7        purposes of this subsection as any weapon, which
8        shoots, is designed to shoot, or can be readily
9        restored to shoot, automatically more than one shot
10        without manually reloading by a single function of the
11        trigger, including the frame or receiver of any such
12        weapon, or sells, manufactures, purchases, possesses,
13        or carries any combination of parts designed or
14        intended for use in converting any weapon into a
15        machine gun, or any combination or parts from which a
16        machine gun can be assembled if such parts are in the
17        possession or under the control of a person;
18            (i-5) beginning 90 days after the effective date of
19        this amendatory Act of the 100th General Assembly, a
20        bump stock or trigger crank. As used in this clause
21        (i-5):
22            "Bump stock" means any device for a weapon that
23        increases the rate of fire achievable with the weapon
24        by using energy from the recoil of the weapon to
25        generate a reciprocating action that facilitates
26        repeated activation of the trigger of the weapon.

 

 

HB1468AVM001- 40 -LRB100 03292 RLC 40115 v


 
1            "Trigger crank" means any device to be attached to
2        a weapon that repeatedly activates the trigger of the
3        weapon through the use of a lever or other part that is
4        turned in a circular motion;
5            (ii) any rifle having one or more barrels less than
6        16 inches in length or a shotgun having one or more
7        barrels less than 18 inches in length or any weapon
8        made from a rifle or shotgun, whether by alteration,
9        modification, or otherwise, if such a weapon as
10        modified has an overall length of less than 26 inches;
11        or
12            (iii) any bomb, bomb-shell, grenade, bottle or
13        other container containing an explosive substance of
14        over one-quarter ounce for like purposes, such as, but
15        not limited to, black powder bombs and Molotov
16        cocktails or artillery projectiles; or
17        (8) Carries or possesses any firearm, stun gun or taser
18    or other deadly weapon in any place which is licensed to
19    sell intoxicating beverages, or at any public gathering
20    held pursuant to a license issued by any governmental body
21    or any public gathering at which an admission is charged,
22    excluding a place where a showing, demonstration or lecture
23    involving the exhibition of unloaded firearms is
24    conducted.
25        This subsection (a)(8) does not apply to any auction or
26    raffle of a firearm held pursuant to a license or permit

 

 

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1    issued by a governmental body, nor does it apply to persons
2    engaged in firearm safety training courses; or
3        (9) Carries or possesses in a vehicle or on or about
4    his person any pistol, revolver, stun gun or taser or
5    firearm or ballistic knife, when he is hooded, robed or
6    masked in such manner as to conceal his identity; or
7        (10) Carries or possesses on or about his person, upon
8    any public street, alley, or other public lands within the
9    corporate limits of a city, village or incorporated town,
10    except when an invitee thereon or therein, for the purpose
11    of the display of such weapon or the lawful commerce in
12    weapons, or except when on his land or in his own abode,
13    legal dwelling, or fixed place of business, or on the land
14    or in the legal dwelling of another person as an invitee
15    with that person's permission, any pistol, revolver, stun
16    gun or taser or other firearm, except that this subsection
17    (a) (10) does not apply to or affect transportation of
18    weapons that meet one of the following conditions:
19            (i) are broken down in a non-functioning state; or
20            (ii) are not immediately accessible; or
21            (iii) are unloaded and enclosed in a case, firearm
22        carrying box, shipping box, or other container by a
23        person who has been issued a currently valid Firearm
24        Owner's Identification Card; or
25            (iv) are carried or possessed in accordance with
26        the Firearm Concealed Carry Act by a person who has

 

 

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1        been issued a currently valid license under the Firearm
2        Concealed Carry Act.
3        A "stun gun or taser", as used in this paragraph (a)
4    means (i) any device which is powered by electrical
5    charging units, such as, batteries, and which fires one or
6    several barbs attached to a length of wire and which, upon
7    hitting a human, can send out a current capable of
8    disrupting the person's nervous system in such a manner as
9    to render him incapable of normal functioning or (ii) any
10    device which is powered by electrical charging units, such
11    as batteries, and which, upon contact with a human or
12    clothing worn by a human, can send out current capable of
13    disrupting the person's nervous system in such a manner as
14    to render him incapable of normal functioning; or
15        (11) Sells, manufactures or purchases any explosive
16    bullet. For purposes of this paragraph (a) "explosive
17    bullet" means the projectile portion of an ammunition
18    cartridge which contains or carries an explosive charge
19    which will explode upon contact with the flesh of a human
20    or an animal. "Cartridge" means a tubular metal case having
21    a projectile affixed at the front thereof and a cap or
22    primer at the rear end thereof, with the propellant
23    contained in such tube between the projectile and the cap;
24    or
25        (12) (Blank); or
26        (13) Carries or possesses on or about his or her person

 

 

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1    while in a building occupied by a unit of government, a
2    billy club, other weapon of like character, or other
3    instrument of like character intended for use as a weapon.
4    For the purposes of this Section, "billy club" means a
5    short stick or club commonly carried by police officers
6    which is either telescopic or constructed of a solid piece
7    of wood or other man-made material.
8    (b) Sentence. A person convicted of a violation of
9subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
10subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
11Class A misdemeanor. A person convicted of a violation of
12subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
13person convicted of a violation of subsection 24-1(a)(6) or
1424-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
15convicted of a violation of subsection 24-1(a)(7)(i) or
1624-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced
17to a term of imprisonment of not less than 3 years and not more
18than 7 years, unless the weapon or device is possessed in the
19passenger compartment of a motor vehicle as defined in Section
201-146 of the Illinois Vehicle Code, or on the person, while the
21weapon is loaded or the device is attached to the loaded
22weapon, in which case it shall be a Class X felony. A person
23convicted of a second or subsequent violation of subsection
2424-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
25Class 3 felony. The possession of each weapon or device in
26violation of this Section constitutes a single and separate

 

 

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1violation.
2    (c) Violations in specific places.
3        (1) A person who violates subsection 24-1(a)(6) or
4    24-1(a)(7) in any school, regardless of the time of day or
5    the time of year, in residential property owned, operated
6    or managed by a public housing agency or leased by a public
7    housing agency as part of a scattered site or mixed-income
8    development, in a public park, in a courthouse, on the real
9    property comprising any school, regardless of the time of
10    day or the time of year, on residential property owned,
11    operated or managed by a public housing agency or leased by
12    a public housing agency as part of a scattered site or
13    mixed-income development, on the real property comprising
14    any public park, on the real property comprising any
15    courthouse, in any conveyance owned, leased or contracted
16    by a school to transport students to or from school or a
17    school related activity, in any conveyance owned, leased,
18    or contracted by a public transportation agency, or on any
19    public way within 1,000 feet of the real property
20    comprising any school, public park, courthouse, public
21    transportation facility, or residential property owned,
22    operated, or managed by a public housing agency or leased
23    by a public housing agency as part of a scattered site or
24    mixed-income development commits a Class 2 felony and shall
25    be sentenced to a term of imprisonment of not less than 3
26    years and not more than 7 years.

 

 

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1        (1.5) A person who violates subsection 24-1(a)(4),
2    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated, or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development, on
12    the real property comprising any public park, on the real
13    property comprising any courthouse, in any conveyance
14    owned, leased, or contracted by a school to transport
15    students to or from school or a school related activity, in
16    any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 3 felony.
24        (2) A person who violates subsection 24-1(a)(1),
25    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26    time of day or the time of year, in residential property

 

 

HB1468AVM001- 46 -LRB100 03292 RLC 40115 v


 
1    owned, operated or managed by a public housing agency or
2    leased by a public housing agency as part of a scattered
3    site or mixed-income development, in a public park, in a
4    courthouse, on the real property comprising any school,
5    regardless of the time of day or the time of year, on
6    residential property owned, operated or managed by a public
7    housing agency or leased by a public housing agency as part
8    of a scattered site or mixed-income development, on the
9    real property comprising any public park, on the real
10    property comprising any courthouse, in any conveyance
11    owned, leased or contracted by a school to transport
12    students to or from school or a school related activity, in
13    any conveyance owned, leased, or contracted by a public
14    transportation agency, or on any public way within 1,000
15    feet of the real property comprising any school, public
16    park, courthouse, public transportation facility, or
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development
20    commits a Class 4 felony. "Courthouse" means any building
21    that is used by the Circuit, Appellate, or Supreme Court of
22    this State for the conduct of official business.
23        (3) Paragraphs (1), (1.5), and (2) of this subsection
24    (c) shall not apply to law enforcement officers or security
25    officers of such school, college, or university or to
26    students carrying or possessing firearms for use in

 

 

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1    training courses, parades, hunting, target shooting on
2    school ranges, or otherwise with the consent of school
3    authorities and which firearms are transported unloaded
4    enclosed in a suitable case, box, or transportation
5    package.
6        (4) For the purposes of this subsection (c), "school"
7    means any public or private elementary or secondary school,
8    community college, college, or university.
9        (5) For the purposes of this subsection (c), "public
10    transportation agency" means a public or private agency
11    that provides for the transportation or conveyance of
12    persons by means available to the general public, except
13    for transportation by automobiles not used for conveyance
14    of the general public as passengers; and "public
15    transportation facility" means a terminal or other place
16    where one may obtain public transportation.
17    (d) The presence in an automobile other than a public
18omnibus of any weapon, instrument or substance referred to in
19subsection (a)(7) is prima facie evidence that it is in the
20possession of, and is being carried by, all persons occupying
21such automobile at the time such weapon, instrument or
22substance is found, except under the following circumstances:
23(i) if such weapon, instrument or instrumentality is found upon
24the person of one of the occupants therein; or (ii) if such
25weapon, instrument or substance is found in an automobile
26operated for hire by a duly licensed driver in the due, lawful

 

 

HB1468AVM001- 48 -LRB100 03292 RLC 40115 v


 
1and proper pursuit of his trade, then such presumption shall
2not apply to the driver.
3    (e) Exemptions.
4        (1) Crossbows, Common or Compound bows and Underwater
5    Spearguns are exempted from the definition of ballistic
6    knife as defined in paragraph (1) of subsection (a) of this
7    Section.
8        (2) The provision of paragraph (1) of subsection (a) of
9    this Section prohibiting the sale, manufacture, purchase,
10    possession, or carrying of any knife, commonly referred to
11    as a switchblade knife, which has a blade that opens
12    automatically by hand pressure applied to a button, spring
13    or other device in the handle of the knife, does not apply
14    to a person who possesses a currently valid Firearm Owner's
15    Identification Card previously issued in his or her name by
16    the Department of State Police or to a person or an entity
17    engaged in the business of selling or manufacturing
18    switchblade knives.
19(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)"; and
20by deleting line 6 on page 1 through line 21 on page 3; and
 
21on page 5, by replacing lines 2 through 11 with the following:
22    "(g) Delivers any firearm of a size which may be concealed
23upon the person, incidental to a sale, without withholding
24delivery of the such firearm for at least 72 hours after

 

 

HB1468AVM001- 49 -LRB100 03292 RLC 40115 v


 
1application for its purchase has been made, or delivers any
2rifle, shotgun or other long gun, or a stun gun or taser,
3incidental to a sale, without withholding delivery of the such
4rifle, shotgun or other long gun, or a stun gun or taser for at
5least 24 hours after application for its purchase has been
6made. However, this paragraph (g) does"; and
 
7on page 5, by replacing lines 23 and 24 with "Illinois; (3) the
8sale of a firearm to a nonresident of Illinois while at a"; and
 
9on page 15, immediately after line 5, by inserting the
10following:
 
11    "Section 10-25. The Code of Criminal Procedure of 1963 is
12amended by changing Sections 114-15, 119-1, and 122-2.2 as
13follows:
 
14    (725 ILCS 5/114-15)
15    Sec. 114-15. Intellectual disability.
16    (a) In a first degree murder case in which the State seeks
17the death penalty as an appropriate sentence or in a death
18penalty murder case, any party may raise the issue of the
19defendant's intellectual disabilities by motion. A defendant
20wishing to raise the issue of his or her intellectual
21disabilities shall provide written notice to the State and the
22court as soon as the defendant reasonably believes such issue

 

 

HB1468AVM001- 50 -LRB100 03292 RLC 40115 v


 
1will be raised.
2    (b) The issue of the defendant's intellectual disabilities
3shall be determined in a pretrial hearing. The court shall be
4the fact finder on the issue of the defendant's intellectual
5disabilities and shall determine the issue by a preponderance
6of evidence in which the moving party has the burden of proof.
7The court may appoint an expert in the field of intellectual
8disabilities. The defendant and the State may offer experts
9from the field of intellectual disabilities. The court shall
10determine admissibility of evidence and qualification as an
11expert.
12    (c) If after a plea of guilty to first degree murder or
13death penalty murder, or a finding of guilty of first degree
14murder or death penalty murder in a bench trial, or a verdict
15of guilty for first degree murder or death penalty murder in a
16jury trial, or on a matter remanded from the Supreme Court for
17sentencing for first degree murder or death penalty murder, and
18the State seeks the death penalty as an appropriate sentence,
19the defendant may raise the issue of defendant's intellectual
20disabilities not at eligibility but at aggravation and
21mitigation. The defendant and the State may offer experts from
22the field of intellectual disabilities. The court shall
23determine admissibility of evidence and qualification as an
24expert.
25    (d) In determining whether the defendant is a person with
26an intellectual disability, the intellectual disability must

 

 

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1have manifested itself by the age of 18. IQ tests and
2psychometric tests administered to the defendant must be the
3kind and type recognized by experts in the field of
4intellectual disabilities. In order for the defendant to be
5considered a person with an intellectual disability, a low IQ
6must be accompanied by significant deficits in adaptive
7behavior in at least 2 of the following skill areas:
8communication, self-care, social or interpersonal skills, home
9living, self-direction, academics, health and safety, use of
10community resources, and work. An intelligence quotient (IQ) of
1175 or below is presumptive evidence of an intellectual
12disability.
13    (e) Evidence of an intellectual disability that did not
14result in disqualifying the case as a capital case, may be
15introduced as evidence in mitigation during a capital
16sentencing hearing. A failure of the court to determine that
17the defendant is a person with an intellectual disability does
18not preclude the court during trial from allowing evidence
19relating to mental disability should the court deem it
20appropriate.
21    (f) If the court determines at a pretrial hearing or after
22remand that a capital defendant is a person with an
23intellectual disability, and the State does not appeal pursuant
24to Supreme Court Rule 604, the case shall no longer be
25considered a capital case and the procedural guidelines
26established for capital cases shall no longer be applicable to

 

 

HB1468AVM001- 52 -LRB100 03292 RLC 40115 v


 
1the defendant. In that case, the defendant shall be sentenced
2under the sentencing provisions of Chapter V of the Unified
3Code of Corrections.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (725 ILCS 5/119-1)
6    Sec. 119-1. Death penalty abolished.
7    (a) Except as otherwise provided in subsection (a-5) of
8this Section, beginning Beginning on the effective date of this
9amendatory Act of the 96th General Assembly, notwithstanding
10any other law to the contrary, the death penalty is abolished
11and a sentence to death may not be imposed.
12    (a-5) A sentence of death shall be imposed for death
13penalty murder.
14    (b) All unobligated and unexpended moneys remaining in the
15Capital Litigation Trust Fund on the effective date of this
16amendatory Act of the 96th General Assembly shall be
17transferred into the Death Penalty Abolition Fund, a special
18fund in the State treasury, to be expended by the Illinois
19Criminal Justice Information Authority, for services for
20families of victims of homicide or murder and for training of
21law enforcement personnel.
22(Source: P.A. 96-1543, eff. 7-1-11.)
 
23    (725 ILCS 5/122-2.2)
24    Sec. 122-2.2. Intellectual disability and post-conviction

 

 

HB1468AVM001- 53 -LRB100 03292 RLC 40115 v


 
1relief.
2    (a) In cases where no determination of an intellectual
3disability was made and a defendant has been convicted of
4first-degree murder or death penalty murder, sentenced to
5death, and is in custody pending execution of the sentence of
6death, the following procedures shall apply:
7        (1) Notwithstanding any other provision of law or rule
8    of court, a defendant may seek relief from the death
9    sentence through a petition for post-conviction relief
10    under this Article alleging that the defendant was a person
11    with an intellectual disability as defined in Section
12    114-15 at the time the offense was alleged to have been
13    committed.
14        (2) The petition must be filed within 180 days of the
15    effective date of this amendatory Act of the 93rd General
16    Assembly or within 180 days of the issuance of the mandate
17    by the Illinois Supreme Court setting the date of
18    execution, whichever is later.
19    (b) All other provisions of this Article governing
20petitions for post-conviction relief shall apply to a petition
21for post-conviction relief alleging an intellectual
22disability.
23(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
 
24    (725 ILCS 165/Act rep.)

 

 

HB1468AVM001- 54 -LRB100 03292 RLC 40115 v


 
1    Section 10-30. The Firearm Seizure Act is repealed.
 
2    Section 10-35. The Unified Code of Corrections is amended
3by changing Section 5-4.5-10 and by adding Section 5-4.5-20.5
4as follows:
 
5    (730 ILCS 5/5-4.5-10)
6    Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS.
7    (a) FELONY CLASSIFICATIONS. Felonies are classified, for
8the purpose of sentencing, as follows:
9        (1) First degree murder (as a separate class of
10    felony).
11        (1.5) Death penalty murder (as a separate class of
12    felony).
13        (2) Class X felonies.
14        (3) Class 1 felonies.
15        (4) Class 2 felonies.
16        (5) Class 3 felonies.
17        (6) Class 4 felonies.
18    (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
19classified, for the purpose of sentencing, as follows:
20        (1) Class A misdemeanors.
21        (2) Class B misdemeanors.
22        (3) Class C misdemeanors.
23    (c) PETTY AND BUSINESS OFFENSES. Petty offenses and
24business offenses are not classified.

 

 

HB1468AVM001- 55 -LRB100 03292 RLC 40115 v


 
1(Source: P.A. 95-1052, eff. 7-1-09.)
 
2    (730 ILCS 5/5-4.5-20.5 new)
3    Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death
4penalty murder, the defendant shall be sentenced to death,
5unless the trial judge finds that the defendant has, by a
6preponderance of the evidence, presented sufficiently
7substantial evidence to outweigh the circumstances of the
8offense and the evidence presented by the prosecution at the
9sentencing hearing, in which case the judge shall sentence the
10defendant to life imprisonment without the possibility of
11parole.
 
12
Article 999. Effective Date."; and

 
13on page 15, by replacing lines 6 through 7 with the following:
 
14    "Section 999-5. Effective date. This Act takes effect upon
15becoming law.".
16Date: _________________, 2018     ___________________________