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Full Text of SB2580  100th General Assembly

SB2580ham001 100TH GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 5/17/2018

 

 


 

 


 
10000SB2580ham001LRB100 18525 SLF 40271 a

1
AMENDMENT TO SENATE BILL 2580

2    AMENDMENT NO. ______. Amend Senate Bill 2580 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. Gun Violence Restraining Order Act.

 
5    Section 1-1. Short title. This Article may be cited as the
6Gun Violence Restraining Order Act, and references in this
7Article to "this Act" mean this Article.
 
8    Section 1-5. Legislative findings. The General Assembly
9finds as a matter of legislative determination that to protect
10the safety and welfare of the public it is necessary to provide
11a system of identifying and disarming persons who pose a danger
12of imminent personal injury to themselves or others.
 
13    Section 1-10. Definitions. In this Act:
14    "Danger" means reasonably likely to cause death or serious

 

 

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

 

 

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

 

 

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

 

 

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1    8.1 of the Firearm Owners Identification Card Act and
2    related administrative rules;
3        (6) failure to take medications prescribed to control a
4    mental illness otherwise likely to result or has previously
5    resulted in violent behavior;
6        (7) any disqualifying factor for eligibility for a
7    Firearm Owner's Identification Card under the Firearm
8    Owners Identification Card Act;
9        (8) the illegal use of controlled substances or
10    excessive use of alcohol by the person; and
11        (9) any available evidence the person does not pose an
12    imminent danger of causing death or serious bodily injury
13    to himself, herself, or any other person.
14    (b) In considering the weight to be given to these and any
15other relevant factors, the judge shall consider the evidence
16as a whole.
17    (c) Any emergency gun violence restraining order issued
18shall expire no later than 14 days from the date the order is
19issued. The order shall state the date and time the order was
20entered and shall expire. The order shall also contain the
21following statement:
22    "Based on credible evidence presented to the Court, the
23    Court finds: (1) there is probable cause to believe that
24    the person identified above poses an imminent danger of
25    causing death or serious bodily injury to himself, herself,
26    or another person or persons; (2) the person identified

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1person's legal representative, may transfer ownership or
2possession of the items in accordance with the provisions of
3subsection (a) of Section 9.5 of the Firearm Owners
4Identification Card Act, or other applicable State or federal
5law, to any person eligible to possess a firearm under the
6Firearm Owners Identification Card Act, subject to an order by
7the court and agreement of the person receiving the items that
8they shall be maintained in a secure manner inaccessible to the
9subject of an emergency gun violence restraining order or gun
10violence restraining order while any such order is in effect.
11    (e) If the judge at any time determines that a firearm or
12other item surrendered or seized under an emergency gun
13violence restraining order, gun violence restraining order, or
14search warrant is owned by another person who is lawfully
15eligible to possess a firearm, the judge may order the law
16enforcement agency having custody of the firearm or item to
17deliver the firearm or item to the owner, subject to an order
18by the court and agreement of the person receiving the items
19that they shall be maintained in a secure manner inaccessible
20to the subject of an emergency gun violence restraining order
21or gun violence restraining order while any such order is in
22effect.
23    (f) At any time after a court orders a law enforcement
24agency to retain a person's firearm or firearm ammunition under
25this Act, the person may petition the court for return of the
26item. Upon receipt of the petition the court shall enter an

 

 

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

 

 

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1file a subsequent petition until at least 90 days after the
2date on which the petition was denied.
3    (h) Upon expiration of the last order directing a law
4enforcement agency to retain a person's firearm or firearm
5ammunition under this Act, and upon request by the person who
6surrendered the items or from whom the items were seized, the
7law enforcement agency with custody of the items shall release
8the items to the person if the person is otherwise eligible to
9lawfully possess a firearm to lawfully possess a firearm under
10the Firearm Owners Identification Card Act. If the person fails
11to request return of the firearm or firearm ammunition and is
12ineligible to lawfully possess a firearm and fails to transfer
13the firearm or other item to another person pursuant to
14subsection (d) of this Section, the law enforcement agency
15shall continue to retain the firearm or other item until entry
16of a court order under subsection (i) of this Section.
17    (i) If, after 5 years from the expiration of the last order
18directing a law enforcement agency to retain a person's firearm
19or firearm ammunition under this Act, a firearm or firearm
20ammunition continues to be held by a law enforcement agency
21under the order and the person who is the subject of the order
22fails to request return of the item or is ineligible to
23lawfully possess a firearm and fails to transfer the firearm or
24other item to another person pursuant to subsection (d) of this
25Section, the court, after giving notice to the parties and
26conducting a hearing, may order the law enforcement agency

 

 

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

 

 

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

 

 

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1such firearm or firearm ammunition may be possessed by a person
2subject to an order entered under this Act. Notice of any order
3entered under this Act relating to a law enforcement officer
4shall be promptly provided to the person's law enforcement
5agency.
 
6    Section 1-45. Penalty. A person who knowingly violates an
7emergency gun violence restraining order or gun violence
8restraining order entered under this Act shall be guilty of a
9Class 4 felony.
 
10
Article 5. Gun Crime Charging and Sentencing Accountability and
11
Transparency Act.

 
12    Section 5-1. Short title. This Article may be cited as the
13Gun Crime Charging and Sentencing Accountability and
14Transparency Act, and references in this Article to "this Act"
15mean this Article.
 
16    Section 5-5. Plea agreement; State's Attorney. In a
17criminal case, if a defendant is charged with an offense
18involving the illegal use or possession of a firearm and
19subsequently enters into a plea agreement in which in the
20charge will be reduced to a lesser offense or a non-weapons
21offense in exchange for a plea of guilty, at or before the time
22of sentencing, the State's Attorney shall file with the court a

 

 

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1written statement of his or her reasons in support of the plea
2agreement, which reasons shall specifically explain why the
3offense or offenses of conviction that result from the plea
4agreement do not include the originally charged weapons
5offense. The written statement shall be part of the court
6record in the case, and a copy shall be provided to any person
7upon request.
 
8    Section 5-10. Sentencing; judge. In a criminal case in
9which the original charge is or was for an offense involving
10the illegal use or possession of a firearm, if a defendant
11pleads guilty or is found guilty of the original charge or a
12lesser offense or a non-weapons offense, in imposing sentence
13the judge shall set forth in a written sentencing order his or
14her reasons for imposing the sentence or accepting the plea
15agreement. A copy of the written sentencing order shall be
16provided to any person upon request.
 
17
Article 10. Amendatory Provisions.

 
18    Section 10-5. The Counties Code is amended by changing
19Section 5-1006.7 as follows:
 
20    (55 ILCS 5/5-1006.7)
21    Sec. 5-1006.7. School facility and resources occupation
22taxes.

 

 

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

 

 

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1under this subsection. The Department shall deposit all taxes
2and penalties collected under this subsection into a special
3fund created for that purpose.
4    In the administration of and compliance with this
5subsection, the Department and persons who are subject to this
6subsection (i) have the same rights, remedies, privileges,
7immunities, powers, and duties, (ii) are subject to the same
8conditions, restrictions, limitations, penalties, and
9definitions of terms, and (iii) shall employ the same modes of
10procedure as are set forth in Sections 1 through 1o, 2 through
112-70 (in respect to all provisions contained in those Sections
12other than the State rate of tax), 2a through 2h, 3 (except as
13to the disposition of taxes and penalties collected), 4, 5, 5a,
145b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
157, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
16Tax Act and all provisions of the Uniform Penalty and Interest
17Act as if those provisions were set forth in this subsection.
18    The certificate of registration that is issued by the
19Department to a retailer under the Retailers' Occupation Tax
20Act permits the retailer to engage in a business that is
21taxable without registering separately with the Department
22under an ordinance or resolution under this subsection.
23    Persons subject to any tax imposed under the authority
24granted in this subsection may reimburse themselves for their
25seller's tax liability by separately stating that tax as an
26additional charge, which may be stated in combination, in a

 

 

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

 

 

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1    In the administration of and compliance with this
2subsection, the Department and persons who are subject to this
3subsection shall (i) have the same rights, remedies,
4privileges, immunities, powers and duties, (ii) be subject to
5the same conditions, restrictions, limitations, penalties and
6definition of terms, and (iii) employ the same modes of
7procedure as are set forth in Sections 2 (except that that
8reference to State in the definition of supplier maintaining a
9place of business in this State means the county), 2a through
102d, 3 through 3-50 (in respect to all provisions contained in
11those Sections other than the State rate of tax), 4 (except
12that the reference to the State shall be to the county), 5, 7,
138 (except that the jurisdiction to which the tax is a debt to
14the extent indicated in that Section 8 is the county), 9
15(except as to the disposition of taxes and penalties
16collected), 10, 11, 12 (except the reference therein to Section
172b of the Retailers' Occupation Tax Act), 13 (except that any
18reference to the State means the county), Section 15, 16, 17,
1918, 19, and 20 of the Service Occupation Tax Act and all
20provisions of the Uniform Penalty and Interest Act, as fully as
21if those provisions were set forth herein.
22    Persons subject to any tax imposed under the authority
23granted in this subsection may reimburse themselves for their
24serviceman's tax liability by separately stating the tax as an
25additional charge, which may be stated in combination, in a
26single amount, with State tax that servicemen are authorized to

 

 

10000SB2580ham001- 22 -LRB100 18525 SLF 40271 a

1collect under the Service Use Tax Act, pursuant to any
2bracketed schedules set forth by the Department.
3    (c) The tax under this Section may not be imposed until the
4question of imposing the tax has been submitted to the electors
5of the county at a regular election and approved by a majority
6of the electors voting on the question. For all regular
7elections held prior to August 23, 2011 (the effective date of
8Public Act 97-542), upon a resolution by the county board or a
9resolution by school district boards that represent at least
1051% of the student enrollment within the county, the county
11board must certify the question to the proper election
12authority in accordance with the Election Code.
13    For all regular elections held prior to August 23, 2011
14(the effective date of Public Act 97-542), the election
15authority must submit the question in substantially the
16following form:
17        Shall (name of county) be authorized to impose a
18    retailers' occupation tax and a service occupation tax
19    (commonly referred to as a "sales tax") at a rate of
20    (insert rate) to be used exclusively for school facility
21    purposes?
22The election authority must record the votes as "Yes" or "No".
23    If a majority of the electors voting on the question vote
24in the affirmative, then the county may, thereafter, impose the
25tax.
26    For all regular elections held on or after August 23, 2011

 

 

10000SB2580ham001- 23 -LRB100 18525 SLF 40271 a

1(the effective date of Public Act 97-542), the regional
2superintendent of schools for the county must, upon receipt of
3a resolution or resolutions of school district boards that
4represent more than 50% of the student enrollment within the
5county, certify the question to the proper election authority
6for submission to the electors of the county at the next
7regular election at which the question lawfully may be
8submitted to the electors, all in accordance with the Election
9Code.
10    For all regular elections held on or after August 23, 2011
11(the effective date of Public Act 97-542) and before the
12effective date of this amendatory Act of the 100th General
13Assembly, the election authority must submit the question in
14substantially the following form:
15        Shall a retailers' occupation tax and a service
16    occupation tax (commonly referred to as a "sales tax") be
17    imposed in (name of county) at a rate of (insert rate) to
18    be used exclusively for school facility purposes?
19The election authority must record the votes as "Yes" or "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 all regular elections held on or after the effective
24date of this amendatory Act of the 100th General Assembly, the
25election authority must submit the question as provided in this
26paragraph. If the referendum is to expand the use of revenues

 

 

10000SB2580ham001- 24 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 25 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 26 -LRB100 18525 SLF 40271 a

1    For the purposes of this subsection (c), "enrollment" means
2the head count of the students residing in the county on the
3last school day of September of each year, which must be
4reported on the Illinois State Board of Education Public School
5Fall Enrollment/Housing Report.
6    (d) The Department shall immediately pay over to the State
7Treasurer, ex officio, as trustee, all taxes and penalties
8collected under this Section to be deposited into the School
9Facility Occupation Tax Fund, which shall be an unappropriated
10trust fund held outside the State treasury.
11    On or before the 25th day of each calendar month, the
12Department shall prepare and certify to the Comptroller the
13disbursement of stated sums of money to the regional
14superintendents of schools in counties from which retailers or
15servicemen have paid taxes or penalties to the Department
16during the second preceding calendar month. The amount to be
17paid to each regional superintendent of schools and disbursed
18to him or her in accordance with Section 3-14.31 of the School
19Code, is equal to the amount (not including credit memoranda)
20collected from the county under this Section during the second
21preceding calendar month by the Department, (i) less 2% of that
22amount, which shall be deposited into the Tax Compliance and
23Administration Fund and shall be used by the Department,
24subject to appropriation, to cover the costs of the Department
25in administering and enforcing the provisions of this Section,
26on behalf of the county, (ii) plus an amount that the

 

 

10000SB2580ham001- 27 -LRB100 18525 SLF 40271 a

1Department determines is necessary to offset any amounts that
2were erroneously paid to a different taxing body; (iii) less an
3amount equal to the amount of refunds made during the second
4preceding calendar month by the Department on behalf of the
5county; and (iv) less any amount that the Department determines
6is necessary to offset any amounts that were payable to a
7different taxing body but were erroneously paid to the county.
8When certifying the amount of a monthly disbursement to a
9regional superintendent of schools under this Section, the
10Department shall increase or decrease the amounts by an amount
11necessary to offset any miscalculation of previous
12disbursements within the previous 6 months from the time a
13miscalculation is discovered.
14    Within 10 days after receipt by the Comptroller from the
15Department of the disbursement certification to the regional
16superintendents of the schools provided for in this Section,
17the Comptroller shall cause the orders to be drawn for the
18respective amounts in accordance with directions contained in
19the certification.
20    If the Department determines that a refund should be made
21under this Section to a claimant instead of issuing a credit
22memorandum, then the Department shall notify the Comptroller,
23who shall cause the order to be drawn for the amount specified
24and to the person named in the notification from the
25Department. The refund shall be paid by the Treasurer out of
26the School Facility Occupation Tax Fund.

 

 

10000SB2580ham001- 28 -LRB100 18525 SLF 40271 a

1    (e) For the purposes of determining the local governmental
2unit whose tax is applicable, a retail sale by a producer of
3coal or another mineral mined in Illinois is a sale at retail
4at the place where the coal or other mineral mined in Illinois
5is extracted from the earth. This subsection does not apply to
6coal or another mineral when it is delivered or shipped by the
7seller to the purchaser at a point outside Illinois so that the
8sale is exempt under the United States Constitution as a sale
9in interstate or foreign commerce.
10    (f) Nothing in this Section may be construed to authorize a
11tax to be imposed upon the privilege of engaging in any
12business that under the Constitution of the United States may
13not be made the subject of taxation by this State.
14    (g) If a county board imposes a tax under this Section
15pursuant to a referendum held before August 23, 2011 (the
16effective date of Public Act 97-542) at a rate below the rate
17set forth in the question approved by a majority of electors of
18that county voting on the question as provided in subsection
19(c), then the county board may, by ordinance, increase the rate
20of the tax up to the rate set forth in the question approved by
21a majority of electors of that county voting on the question as
22provided in subsection (c). If a county board imposes a tax
23under this Section pursuant to a referendum held before August
2423, 2011 (the effective date of Public Act 97-542), then the
25board may, by ordinance, discontinue or reduce the rate of the
26tax. If a tax is imposed under this Section pursuant to a

 

 

10000SB2580ham001- 29 -LRB100 18525 SLF 40271 a

1referendum held on or after August 23, 2011 (the effective date
2of Public Act 97-542) and before the effective date of this
3amendatory Act of the 100th General Assembly, then the county
4board may reduce or discontinue the tax, but only in accordance
5with subsection (h-5) of this Section. If a tax is imposed
6under this Section pursuant to a referendum held on or after
7the effective date of this amendatory Act of the 100th General
8Assembly, then the county board may reduce or discontinue the
9tax, but only in accordance with subsection (h-10) of this
10Section. If, however, a school board issues bonds that are
11secured by the proceeds of the tax under this Section, then the
12county board may not reduce the tax rate or discontinue the tax
13if that rate reduction or discontinuance would adversely affect
14the school board's ability to pay the principal and interest on
15those bonds as they become due or necessitate the extension of
16additional property taxes to pay the principal and interest on
17those bonds. If the county board reduces the tax rate or
18discontinues the tax, then a referendum must be held in
19accordance with subsection (c) of this Section in order to
20increase the rate of the tax or to reimpose the discontinued
21tax.
22    Until January 1, 2014, the results of any election that
23imposes, reduces, or discontinues a tax under this Section must
24be certified by the election authority, and any ordinance that
25increases or lowers the rate or discontinues the tax must be
26certified by the county clerk and, in each case, filed with the

 

 

10000SB2580ham001- 30 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 31 -LRB100 18525 SLF 40271 a

1be required, in connection with the capital facilities and (ii)
2the payment of bonds or other obligations heretofore or
3hereafter issued, including bonds or other obligations
4heretofore or hereafter issued to refund or to continue to
5refund bonds or other obligations issued, for school facility
6purposes, provided that the taxes levied to pay those bonds are
7abated by the amount of the taxes imposed under this Section
8that are used to pay those bonds. "School-facility purposes"
9also includes fire prevention, safety, energy conservation,
10accessibility, school security, and specified repair purposes
11set forth under Section 17-2.11 of the School Code.
12    (h-5) A county board in a county where a tax has been
13imposed under this Section pursuant to a referendum held on or
14after August 23, 2011 (the effective date of Public Act 97-542)
15and before the effective date of this amendatory Act of the
16100th General Assembly may, by ordinance or resolution, submit
17to the voters of the county the question of reducing or
18discontinuing the tax. In the ordinance or resolution, the
19county board shall certify the question to the proper election
20authority in accordance with the Election Code. The election
21authority must submit the question in substantially the
22following form:
23        Shall the school facility retailers' occupation tax
24    and service occupation tax (commonly referred to as the
25    "school facility sales tax") currently imposed in (name of
26    county) at a rate of (insert rate) be (reduced to (insert

 

 

10000SB2580ham001- 32 -LRB100 18525 SLF 40271 a

1    rate))(discontinued)?
2If a majority of the electors voting on the question vote in
3the affirmative, then, subject to the provisions of subsection
4(g) of this Section, the tax shall be reduced or discontinued
5as set forth in the question.
6    (h-10) A county board in a county where a tax has been
7imposed under this Section pursuant to a referendum held on or
8after the effective date of this amendatory Act of the 100th
9General Assembly may, by ordinance or resolution, submit to the
10voters of the county the question of reducing or discontinuing
11the tax. In the ordinance or resolution, the county board shall
12certify the question to the proper election authority in
13accordance with the Election Code. The election authority must
14submit the question in substantially the following form:
15        Shall the school facility and resources retailers'
16    occupation tax and service occupation tax (commonly
17    referred to as the "school facility and resources sales
18    tax") currently imposed in (name of county) at a rate of
19    (insert rate) be (reduced to (insert rate))(discontinued)?
20    If a majority of the electors voting on the question vote
21in the affirmative, then, subject to the provisions of
22subsection (g) of this Section, the tax shall be reduced or
23discontinued as set forth in the question.
24    (i) This Section does not apply to Cook County.
25    (j) This Section may be cited as the County School Facility
26and Resources Occupation Tax Law.

 

 

10000SB2580ham001- 33 -LRB100 18525 SLF 40271 a

1(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
299-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
 
3    Section 10-10. The Firearm Owners Identification Card Act
4is amended by adding Section 8.5 as follows:
 
5    (430 ILCS 65/8.5 new)
6    Sec. 8.5. Suspension of a Firearm Owner's Identification
7Card under the Gun Violence Restraining Order Act. The
8Department of State Police shall suspend a person's Firearm
9Owner's Identification Card for the duration of an emergency
10gun violence restraining order or a gun violence restraining
11order as provided in Section 1-35 of the Gun Violence
12Restraining Order Act.
 
13    Section 10-15. The Firearm Concealed Carry Act is amended
14by adding Section 42 as follows:
 
15    (430 ILCS 66/42 new)
16    Sec. 42. Suspension of a concealed carry license under the
17Gun Violence Restraining Order Act. The Department of State
18Police shall suspend a person's concealed carry license for the
19duration of an emergency gun violence restraining order or a
20gun violence restraining order as provided under Section 1-35
21of the Gun Violence Restraining Order Act.
 

 

 

10000SB2580ham001- 34 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 35 -LRB100 18525 SLF 40271 a

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.

 

 

10000SB2580ham001- 36 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 37 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 38 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 39 -LRB100 18525 SLF 40271 a

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.

 

 

10000SB2580ham001- 40 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 41 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 42 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 43 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 44 -LRB100 18525 SLF 40271 a

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.

 

 

10000SB2580ham001- 45 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 46 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 47 -LRB100 18525 SLF 40271 a

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

 

 

10000SB2580ham001- 48 -LRB100 18525 SLF 40271 a

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.)
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms.
22    (A) A person commits the offense of unlawful sale or
23delivery of firearms when he or she knowingly does any of the
24following:
25        (a) Sells or gives any firearm of a size which may be

 

 

10000SB2580ham001- 49 -LRB100 18525 SLF 40271 a

1    concealed upon the person to any person under 18 years of
2    age.
3        (b) Sells or gives any firearm to a person under 21
4    years of age who has been convicted of a misdemeanor other
5    than a traffic offense or adjudged delinquent.
6        (c) Sells or gives any firearm to any narcotic addict.
7        (d) Sells or gives any firearm to any person who has
8    been convicted of a felony under the laws of this or any
9    other jurisdiction.
10        (e) Sells or gives any firearm to any person who has
11    been a patient in a mental institution within the past 5
12    years. In this subsection (e):
13            "Mental institution" means any hospital,
14        institution, clinic, evaluation facility, mental
15        health center, or part thereof, which is used primarily
16        for the care or treatment of persons with mental
17        illness.
18            "Patient in a mental institution" means the person
19        was admitted, either voluntarily or involuntarily, to
20        a mental institution for mental health treatment,
21        unless the treatment was voluntary and solely for an
22        alcohol abuse disorder and no other secondary
23        substance abuse disorder or mental illness.
24        (f) Sells or gives any firearms to any person who is a
25    person with an intellectual disability.
26        (g) Delivers any firearm of a size which may be

 

 

10000SB2580ham001- 50 -LRB100 18525 SLF 40271 a

1    concealed upon the person, incidental to a sale, without
2    withholding delivery of the such firearm for at least 72
3    hours after application for its purchase has been made, or
4    delivers any rifle, shotgun or other long gun, or a stun
5    gun or taser, incidental to a sale, without withholding
6    delivery of the such rifle, shotgun or other long gun, or a
7    stun gun or taser for at least 24 hours after application
8    for its purchase has been made. However, this paragraph (g)
9    does not apply to: (1) the sale of a firearm to a law
10    enforcement officer if the seller of the firearm knows that
11    the person to whom he or she is selling the firearm is a
12    law enforcement officer or the sale of a firearm to a
13    person who desires to purchase a firearm for use in
14    promoting the public interest incident to his or her
15    employment as a bank guard, armed truck guard, or other
16    similar employment; (2) a mail order sale of a firearm from
17    a federally licensed firearms dealer to a nonresident of
18    Illinois under which the firearm is mailed to a federally
19    licensed firearms dealer outside the boundaries of
20    Illinois; (3) the sale of a firearm to a nonresident of
21    Illinois while at a firearm showing or display recognized
22    by the Illinois Department of State Police; (4) the sale of
23    a firearm to a dealer licensed as a federal firearms dealer
24    under Section 923 of the federal Gun Control Act of 1968
25    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
26    shotgun, or other long gun to a resident registered

 

 

10000SB2580ham001- 51 -LRB100 18525 SLF 40271 a

1    competitor or attendee or non-resident registered
2    competitor or attendee by any dealer licensed as a federal
3    firearms dealer under Section 923 of the federal Gun
4    Control Act of 1968 at competitive shooting events held at
5    the World Shooting Complex sanctioned by a national
6    governing body. For purposes of transfers or sales under
7    subparagraph (5) of this paragraph (g), the Department of
8    Natural Resources shall give notice to the Department of
9    State Police at least 30 calendar days prior to any
10    competitive shooting events at the World Shooting Complex
11    sanctioned by a national governing body. The notification
12    shall be made on a form prescribed by the Department of
13    State Police. The sanctioning body shall provide a list of
14    all registered competitors and attendees at least 24 hours
15    before the events to the Department of State Police. Any
16    changes to the list of registered competitors and attendees
17    shall be forwarded to the Department of State Police as
18    soon as practicable. The Department of State Police must
19    destroy the list of registered competitors and attendees no
20    later than 30 days after the date of the event. Nothing in
21    this paragraph (g) relieves a federally licensed firearm
22    dealer from the requirements of conducting a NICS
23    background check through the Illinois Point of Contact
24    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
25    "application" means when the buyer and seller reach an
26    agreement to purchase a firearm. For purposes of this

 

 

10000SB2580ham001- 52 -LRB100 18525 SLF 40271 a

1    paragraph (g), "national governing body" means a group of
2    persons who adopt rules and formulate policy on behalf of a
3    national firearm sporting organization.
4        (h) While holding any license as a dealer, importer,
5    manufacturer or pawnbroker under the federal Gun Control
6    Act of 1968, manufactures, sells or delivers to any
7    unlicensed person a handgun having a barrel, slide, frame
8    or receiver which is a die casting of zinc alloy or any
9    other nonhomogeneous metal which will melt or deform at a
10    temperature of less than 800 degrees Fahrenheit. For
11    purposes of this paragraph, (1) "firearm" is defined as in
12    the Firearm Owners Identification Card Act; and (2)
13    "handgun" is defined as a firearm designed to be held and
14    fired by the use of a single hand, and includes a
15    combination of parts from which such a firearm can be
16    assembled.
17        (i) Sells or gives a firearm of any size to any person
18    under 18 years of age who does not possess a valid Firearm
19    Owner's Identification Card.
20        (j) Sells or gives a firearm while engaged in the
21    business of selling firearms at wholesale or retail without
22    being licensed as a federal firearms dealer under Section
23    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
24    In this paragraph (j):
25        A person "engaged in the business" means a person who
26    devotes time, attention, and labor to engaging in the

 

 

10000SB2580ham001- 53 -LRB100 18525 SLF 40271 a

1    activity as a regular course of trade or business with the
2    principal objective of livelihood and profit, but does not
3    include a person who makes occasional repairs of firearms
4    or who occasionally fits special barrels, stocks, or
5    trigger mechanisms to firearms.
6        "With the principal objective of livelihood and
7    profit" means that the intent underlying the sale or
8    disposition of firearms is predominantly one of obtaining
9    livelihood and pecuniary gain, as opposed to other intents,
10    such as improving or liquidating a personal firearms
11    collection; however, proof of profit shall not be required
12    as to a person who engages in the regular and repetitive
13    purchase and disposition of firearms for criminal purposes
14    or terrorism.
15        (k) Sells or transfers ownership of a firearm to a
16    person who does not display to the seller or transferor of
17    the firearm either: (1) a currently valid Firearm Owner's
18    Identification Card that has previously been issued in the
19    transferee's name by the Department of State Police under
20    the provisions of the Firearm Owners Identification Card
21    Act; or (2) a currently valid license to carry a concealed
22    firearm that has previously been issued in the transferee's
23    name by the Department of State Police under the Firearm
24    Concealed Carry Act. This paragraph (k) does not apply to
25    the transfer of a firearm to a person who is exempt from
26    the requirement of possessing a Firearm Owner's

 

 

10000SB2580ham001- 54 -LRB100 18525 SLF 40271 a

1    Identification Card under Section 2 of the Firearm Owners
2    Identification Card Act. For the purposes of this Section,
3    a currently valid Firearm Owner's Identification Card
4    means (i) a Firearm Owner's Identification Card that has
5    not expired or (ii) an approval number issued in accordance
6    with subsection (a-10) of subsection 3 or Section 3.1 of
7    the Firearm Owners Identification Card Act shall be proof
8    that the Firearm Owner's Identification Card was valid.
9            (1) In addition to the other requirements of this
10        paragraph (k), all persons who are not federally
11        licensed firearms dealers must also have complied with
12        subsection (a-10) of Section 3 of the Firearm Owners
13        Identification Card Act by determining the validity of
14        a purchaser's Firearm Owner's Identification Card.
15            (2) All sellers or transferors who have complied
16        with the requirements of subparagraph (1) of this
17        paragraph (k) shall not be liable for damages in any
18        civil action arising from the use or misuse by the
19        transferee of the firearm transferred, except for
20        willful or wanton misconduct on the part of the seller
21        or transferor.
22        (l) Not being entitled to the possession of a firearm,
23    delivers the firearm, knowing it to have been stolen or
24    converted. It may be inferred that a person who possesses a
25    firearm with knowledge that its serial number has been
26    removed or altered has knowledge that the firearm is stolen

 

 

10000SB2580ham001- 55 -LRB100 18525 SLF 40271 a

1    or converted.
2    (B) Paragraph (h) of subsection (A) does not include
3firearms sold within 6 months after enactment of Public Act
478-355 (approved August 21, 1973, effective October 1, 1973),
5nor is any firearm legally owned or possessed by any citizen or
6purchased by any citizen within 6 months after the enactment of
7Public Act 78-355 subject to confiscation or seizure under the
8provisions of that Public Act. Nothing in Public Act 78-355
9shall be construed to prohibit the gift or trade of any firearm
10if that firearm was legally held or acquired within 6 months
11after the enactment of that Public Act.
12    (C) Sentence.
13        (1) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (c), (e), (f), (g),
15    or (h) of subsection (A) commits a Class 4 felony.
16        (2) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (b) or (i) of
18    subsection (A) commits a Class 3 felony.
19        (3) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (a) of subsection (A)
21    commits a Class 2 felony.
22        (4) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (a), (b), or (i) of
24    subsection (A) in any school, on the real property
25    comprising a school, within 1,000 feet of the real property
26    comprising a school, at a school related activity, or on or

 

 

10000SB2580ham001- 56 -LRB100 18525 SLF 40271 a

1    within 1,000 feet of any conveyance owned, leased, or
2    contracted by a school or school district to transport
3    students to or from school or a school related activity,
4    regardless of the time of day or time of year at which the
5    offense was committed, commits a Class 1 felony. Any person
6    convicted of a second or subsequent violation of unlawful
7    sale or delivery of firearms in violation of paragraph (a),
8    (b), or (i) of subsection (A) in any school, on the real
9    property comprising a school, within 1,000 feet of the real
10    property comprising a school, at a school related activity,
11    or on or within 1,000 feet of any conveyance owned, leased,
12    or contracted by a school or school district to transport
13    students to or from school or a school related activity,
14    regardless of the time of day or time of year at which the
15    offense was committed, commits a Class 1 felony for which
16    the sentence shall be a term of imprisonment of no less
17    than 5 years and no more than 15 years.
18        (5) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a) or (i) of
20    subsection (A) in residential property owned, operated, or
21    managed by a public housing agency or leased by a public
22    housing agency as part of a scattered site or mixed-income
23    development, in a public park, in a courthouse, on
24    residential property owned, operated, or managed by a
25    public housing agency or leased by a public housing agency
26    as part of a scattered site or mixed-income development, on

 

 

10000SB2580ham001- 57 -LRB100 18525 SLF 40271 a

1    the real property comprising any public park, on the real
2    property comprising any courthouse, or on any public way
3    within 1,000 feet of the real property comprising any
4    public park, courthouse, or residential property owned,
5    operated, or managed by a public housing agency or leased
6    by a public housing agency as part of a scattered site or
7    mixed-income development commits a Class 2 felony.
8        (6) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (j) of subsection (A)
10    commits a Class A misdemeanor. A second or subsequent
11    violation is a Class 4 felony.
12        (7) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (k) of subsection (A)
14    commits a Class 4 felony, except that a violation of
15    subparagraph (1) of paragraph (k) of subsection (A) shall
16    not be punishable as a crime or petty offense. A third or
17    subsequent conviction for a violation of paragraph (k) of
18    subsection (A) is a Class 1 felony.
19        (8) A person 18 years of age or older convicted of
20    unlawful sale or delivery of firearms in violation of
21    paragraph (a) or (i) of subsection (A), when the firearm
22    that was sold or given to another person under 18 years of
23    age was used in the commission of or attempt to commit a
24    forcible felony, shall be fined or imprisoned, or both, not
25    to exceed the maximum provided for the most serious
26    forcible felony so committed or attempted by the person

 

 

10000SB2580ham001- 58 -LRB100 18525 SLF 40271 a

1    under 18 years of age who was sold or given the firearm.
2        (9) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (d) of subsection (A)
4    commits a Class 3 felony.
5        (10) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (l) of subsection (A)
7    commits a Class 2 felony if the delivery is of one firearm.
8    Any person convicted of unlawful sale or delivery of
9    firearms in violation of paragraph (l) of subsection (A)
10    commits a Class 1 felony if the delivery is of not less
11    than 2 and not more than 5 firearms at the same time or
12    within a one year period. Any person convicted of unlawful
13    sale or delivery of firearms in violation of paragraph (l)
14    of subsection (A) commits a Class X felony for which he or
15    she shall be sentenced to a term of imprisonment of not
16    less than 6 years and not more than 30 years if the
17    delivery is of not less than 6 and not more than 10
18    firearms at the same time or within a 2 year period. Any
19    person convicted of unlawful sale or delivery of firearms
20    in violation of paragraph (l) of subsection (A) commits a
21    Class X felony for which he or she shall be sentenced to a
22    term of imprisonment of not less than 6 years and not more
23    than 40 years if the delivery is of not less than 11 and
24    not more than 20 firearms at the same time or within a 3
25    year period. Any person convicted of unlawful sale or
26    delivery of firearms in violation of paragraph (l) of

 

 

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1    subsection (A) commits a Class X felony for which he or she
2    shall be sentenced to a term of imprisonment of not less
3    than 6 years and not more than 50 years if the delivery is
4    of not less than 21 and not more than 30 firearms at the
5    same time or within a 4 year period. Any person convicted
6    of unlawful sale or delivery of firearms in violation of
7    paragraph (l) of subsection (A) commits a Class X felony
8    for which he or she shall be sentenced to a term of
9    imprisonment of not less than 6 years and not more than 60
10    years if the delivery is of 31 or more firearms at the same
11    time or within a 5 year period.
12    (D) For purposes of this Section:
13    "School" means a public or private elementary or secondary
14school, community college, college, or university.
15    "School related activity" means any sporting, social,
16academic, or other activity for which students' attendance or
17participation is sponsored, organized, or funded in whole or in
18part by a school or school district.
19    (E) A prosecution for a violation of paragraph (k) of
20subsection (A) of this Section may be commenced within 6 years
21after the commission of the offense. A prosecution for a
22violation of this Section other than paragraph (g) of
23subsection (A) of this Section may be commenced within 5 years
24after the commission of the offense defined in the particular
25paragraph.
26(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;

 

 

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199-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    Section 10-25. The Code of Criminal Procedure of 1963 is
3amended by changing Sections 114-15, 119-1, and 122-2.2 as
4follows:
 
5    (725 ILCS 5/114-15)
6    Sec. 114-15. Intellectual disability.
7    (a) In a first degree murder case in which the State seeks
8the death penalty as an appropriate sentence or in a death
9penalty murder case, any party may raise the issue of the
10defendant's intellectual disabilities by motion. A defendant
11wishing to raise the issue of his or her intellectual
12disabilities shall provide written notice to the State and the
13court as soon as the defendant reasonably believes such issue
14will be raised.
15    (b) The issue of the defendant's intellectual disabilities
16shall be determined in a pretrial hearing. The court shall be
17the fact finder on the issue of the defendant's intellectual
18disabilities and shall determine the issue by a preponderance
19of evidence in which the moving party has the burden of proof.
20The court may appoint an expert in the field of intellectual
21disabilities. The defendant and the State may offer experts
22from the field of intellectual disabilities. The court shall
23determine admissibility of evidence and qualification as an
24expert.

 

 

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1    (c) If after a plea of guilty to first degree murder or
2death penalty murder, or a finding of guilty of first degree
3murder or death penalty murder in a bench trial, or a verdict
4of guilty for first degree murder or death penalty murder in a
5jury trial, or on a matter remanded from the Supreme Court for
6sentencing for first degree murder or death penalty murder, and
7the State seeks the death penalty as an appropriate sentence,
8the defendant may raise the issue of defendant's intellectual
9disabilities not at eligibility but at aggravation and
10mitigation. The defendant and the State may offer experts from
11the field of intellectual disabilities. The court shall
12determine admissibility of evidence and qualification as an
13expert.
14    (d) In determining whether the defendant is a person with
15an intellectual disability, the intellectual disability must
16have manifested itself by the age of 18. IQ tests and
17psychometric tests administered to the defendant must be the
18kind and type recognized by experts in the field of
19intellectual disabilities. In order for the defendant to be
20considered a person with an intellectual disability, a low IQ
21must be accompanied by significant deficits in adaptive
22behavior in at least 2 of the following skill areas:
23communication, self-care, social or interpersonal skills, home
24living, self-direction, academics, health and safety, use of
25community resources, and work. An intelligence quotient (IQ) of
2675 or below is presumptive evidence of an intellectual

 

 

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1disability.
2    (e) Evidence of an intellectual disability that did not
3result in disqualifying the case as a capital case, may be
4introduced as evidence in mitigation during a capital
5sentencing hearing. A failure of the court to determine that
6the defendant is a person with an intellectual disability does
7not preclude the court during trial from allowing evidence
8relating to mental disability should the court deem it
9appropriate.
10    (f) If the court determines at a pretrial hearing or after
11remand that a capital defendant is a person with an
12intellectual disability, and the State does not appeal pursuant
13to Supreme Court Rule 604, the case shall no longer be
14considered a capital case and the procedural guidelines
15established for capital cases shall no longer be applicable to
16the defendant. In that case, the defendant shall be sentenced
17under the sentencing provisions of Chapter V of the Unified
18Code of Corrections.
19(Source: P.A. 99-143, eff. 7-27-15.)
 
20    (725 ILCS 5/119-1)
21    Sec. 119-1. Death penalty abolished.
22    (a) Except as otherwise provided in subsection (a-5) of
23this Section, beginning Beginning on the effective date of this
24amendatory Act of the 96th General Assembly, notwithstanding
25any other law to the contrary, the death penalty is abolished

 

 

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1and a sentence to death may not be imposed.
2    (a-5) A sentence of death shall be imposed for death
3penalty murder.
4    (b) All unobligated and unexpended moneys remaining in the
5Capital Litigation Trust Fund on the effective date of this
6amendatory Act of the 96th General Assembly shall be
7transferred into the Death Penalty Abolition Fund, a special
8fund in the State treasury, to be expended by the Illinois
9Criminal Justice Information Authority, for services for
10families of victims of homicide or murder and for training of
11law enforcement personnel.
12(Source: P.A. 96-1543, eff. 7-1-11.)
 
13    (725 ILCS 5/122-2.2)
14    Sec. 122-2.2. Intellectual disability and post-conviction
15relief.
16    (a) In cases where no determination of an intellectual
17disability was made and a defendant has been convicted of
18first-degree murder or death penalty murder, sentenced to
19death, and is in custody pending execution of the sentence of
20death, the following procedures shall apply:
21        (1) Notwithstanding any other provision of law or rule
22    of court, a defendant may seek relief from the death
23    sentence through a petition for post-conviction relief
24    under this Article alleging that the defendant was a person
25    with an intellectual disability as defined in Section

 

 

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1    114-15 at the time the offense was alleged to have been
2    committed.
3        (2) The petition must be filed within 180 days of the
4    effective date of this amendatory Act of the 93rd General
5    Assembly or within 180 days of the issuance of the mandate
6    by the Illinois Supreme Court setting the date of
7    execution, whichever is later.
8    (b) All other provisions of this Article governing
9petitions for post-conviction relief shall apply to a petition
10for post-conviction relief alleging an intellectual
11disability.
12(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
 
13    (725 ILCS 165/Act rep.)
14    Section 10-30. The Firearm Seizure Act is repealed.
 
15    Section 10-35. The Unified Code of Corrections is amended
16by changing Section 5-4.5-10 and by adding Section 5-4.5-20.5
17as follows:
 
18    (730 ILCS 5/5-4.5-10)
19    Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS.
20    (a) FELONY CLASSIFICATIONS. Felonies are classified, for
21the purpose of sentencing, as follows:
22        (1) First degree murder (as a separate class of
23    felony).

 

 

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1        (1.5) Death penalty murder (as a separate class of
2    felony).
3        (2) Class X felonies.
4        (3) Class 1 felonies.
5        (4) Class 2 felonies.
6        (5) Class 3 felonies.
7        (6) Class 4 felonies.
8    (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
9classified, for the purpose of sentencing, as follows:
10        (1) Class A misdemeanors.
11        (2) Class B misdemeanors.
12        (3) Class C misdemeanors.
13    (c) PETTY AND BUSINESS OFFENSES. Petty offenses and
14business offenses are not classified.
15(Source: P.A. 95-1052, eff. 7-1-09.)
 
16    (730 ILCS 5/5-4.5-20.5 new)
17    Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death
18penalty murder, the defendant shall be sentenced to death,
19unless the trial judge finds that the defendant has, by a
20preponderance of the evidence, presented sufficiently
21substantial evidence to outweigh the circumstances of the
22offense and the evidence presented by the prosecution at the
23sentencing hearing, in which case the judge shall sentence the
24defendant to life imprisonment without the possibility of
25parole.
 

 

 

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1
Article 999. Effective Date.

 
2    Section 999-5. Effective date. This Act takes effect upon
3becoming law.".