Illinois General Assembly - Full Text of HB5197
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Full Text of HB5197  103rd General Assembly

HB5197 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5197

 

Introduced 2/9/2024, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.

    Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.


LRB103 38441 RLC 68577 b

 

 

A BILL FOR

 

HB5197LRB103 38441 RLC 68577 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

HB5197- 2 -LRB103 38441 RLC 68577 b

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

HB5197- 3 -LRB103 38441 RLC 68577 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

HB5197- 4 -LRB103 38441 RLC 68577 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

HB5197- 5 -LRB103 38441 RLC 68577 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

HB5197- 6 -LRB103 38441 RLC 68577 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

HB5197- 7 -LRB103 38441 RLC 68577 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

HB5197- 8 -LRB103 38441 RLC 68577 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

HB5197- 9 -LRB103 38441 RLC 68577 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) (Blank). Information submitted to the Illinois
9    State Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21        (lll) (Reserved).
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

 

 

HB5197- 10 -LRB103 38441 RLC 68577 b

18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
4eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
5revised 1-2-24.)
 
6    (Text of Section after amendment by P.A. 103-472)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating
24    to known or suspected cases of sexually transmissible
25    disease or any information the disclosure of which is

 

 

HB5197- 11 -LRB103 38441 RLC 68577 b

1    restricted under the Illinois Sexually Transmissible
2    Disease Control Act.
3        (e) Information the disclosure of which is exempted
4    under Section 30 of the Radon Industry Licensing Act.
5        (f) Firm performance evaluations under Section 55 of
6    the Architectural, Engineering, and Land Surveying
7    Qualifications Based Selection Act.
8        (g) Information the disclosure of which is restricted
9    and exempted under Section 50 of the Illinois Prepaid
10    Tuition Act.
11        (h) Information the disclosure of which is exempted
12    under the State Officials and Employees Ethics Act, and
13    records of any lawfully created State or local inspector
14    general's office that would be exempt if created or
15    obtained by an Executive Inspector General's office under
16    that Act.
17        (i) Information contained in a local emergency energy
18    plan submitted to a municipality in accordance with a
19    local emergency energy plan ordinance that is adopted
20    under Section 11-21.5-5 of the Illinois Municipal Code.
21        (j) Information and data concerning the distribution
22    of surcharge moneys collected and remitted by carriers
23    under the Emergency Telephone System Act.
24        (k) Law enforcement officer identification information
25    or driver identification information compiled by a law
26    enforcement agency or the Department of Transportation

 

 

HB5197- 12 -LRB103 38441 RLC 68577 b

1    under Section 11-212 of the Illinois Vehicle Code.
2        (l) Records and information provided to a residential
3    health care facility resident sexual assault and death
4    review team or the Executive Council under the Abuse
5    Prevention Review Team Act.
6        (m) Information provided to the predatory lending
7    database created pursuant to Article 3 of the Residential
8    Real Property Disclosure Act, except to the extent
9    authorized under that Article.
10        (n) Defense budgets and petitions for certification of
11    compensation and expenses for court appointed trial
12    counsel as provided under Sections 10 and 15 of the
13    Capital Crimes Litigation Act (repealed). This subsection
14    (n) shall apply until the conclusion of the trial of the
15    case, even if the prosecution chooses not to pursue the
16    death penalty prior to trial or sentencing.
17        (o) Information that is prohibited from being
18    disclosed under Section 4 of the Illinois Health and
19    Hazardous Substances Registry Act.
20        (p) Security portions of system safety program plans,
21    investigation reports, surveys, schedules, lists, data, or
22    information compiled, collected, or prepared by or for the
23    Department of Transportation under Sections 2705-300 and
24    2705-616 of the Department of Transportation Law of the
25    Civil Administrative Code of Illinois, the Regional
26    Transportation Authority under Section 2.11 of the

 

 

HB5197- 13 -LRB103 38441 RLC 68577 b

1    Regional Transportation Authority Act, or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act (repealed).
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) (Blank).
11        (u) Records and information provided to an independent
12    team of experts under the Developmental Disability and
13    Mental Health Safety Act (also known as Brian's Law).
14        (v) Names and information of people who have applied
15    for or received Firearm Owner's Identification Cards under
16    the Firearm Owners Identification Card Act or applied for
17    or received a concealed carry license under the Firearm
18    Concealed Carry Act, unless otherwise authorized by the
19    Firearm Concealed Carry Act; and databases under the
20    Firearm Concealed Carry Act, records of the Concealed
21    Carry Licensing Review Board under the Firearm Concealed
22    Carry Act, and law enforcement agency objections under the
23    Firearm Concealed Carry Act.
24        (v-5) Records of the Firearm Owner's Identification
25    Card Review Board that are exempted from disclosure under
26    Section 10 of the Firearm Owners Identification Card Act.

 

 

HB5197- 14 -LRB103 38441 RLC 68577 b

1        (w) Personally identifiable information which is
2    exempted from disclosure under subsection (g) of Section
3    19.1 of the Toll Highway Act.
4        (x) Information which is exempted from disclosure
5    under Section 5-1014.3 of the Counties Code or Section
6    8-11-21 of the Illinois Municipal Code.
7        (y) Confidential information under the Adult
8    Protective Services Act and its predecessor enabling
9    statute, the Elder Abuse and Neglect Act, including
10    information about the identity and administrative finding
11    against any caregiver of a verified and substantiated
12    decision of abuse, neglect, or financial exploitation of
13    an eligible adult maintained in the Registry established
14    under Section 7.5 of the Adult Protective Services Act.
15        (z) Records and information provided to a fatality
16    review team or the Illinois Fatality Review Team Advisory
17    Council under Section 15 of the Adult Protective Services
18    Act.
19        (aa) Information which is exempted from disclosure
20    under Section 2.37 of the Wildlife Code.
21        (bb) Information which is or was prohibited from
22    disclosure by the Juvenile Court Act of 1987.
23        (cc) Recordings made under the Law Enforcement
24    Officer-Worn Body Camera Act, except to the extent
25    authorized under that Act.
26        (dd) Information that is prohibited from being

 

 

HB5197- 15 -LRB103 38441 RLC 68577 b

1    disclosed under Section 45 of the Condominium and Common
2    Interest Community Ombudsperson Act.
3        (ee) Information that is exempted from disclosure
4    under Section 30.1 of the Pharmacy Practice Act.
5        (ff) Information that is exempted from disclosure
6    under the Revised Uniform Unclaimed Property Act.
7        (gg) Information that is prohibited from being
8    disclosed under Section 7-603.5 of the Illinois Vehicle
9    Code.
10        (hh) Records that are exempt from disclosure under
11    Section 1A-16.7 of the Election Code.
12        (ii) Information which is exempted from disclosure
13    under Section 2505-800 of the Department of Revenue Law of
14    the Civil Administrative Code of Illinois.
15        (jj) Information and reports that are required to be
16    submitted to the Department of Labor by registering day
17    and temporary labor service agencies but are exempt from
18    disclosure under subsection (a-1) of Section 45 of the Day
19    and Temporary Labor Services Act.
20        (kk) Information prohibited from disclosure under the
21    Seizure and Forfeiture Reporting Act.
22        (ll) Information the disclosure of which is restricted
23    and exempted under Section 5-30.8 of the Illinois Public
24    Aid Code.
25        (mm) Records that are exempt from disclosure under
26    Section 4.2 of the Crime Victims Compensation Act.

 

 

HB5197- 16 -LRB103 38441 RLC 68577 b

1        (nn) Information that is exempt from disclosure under
2    Section 70 of the Higher Education Student Assistance Act.
3        (oo) Communications, notes, records, and reports
4    arising out of a peer support counseling session
5    prohibited from disclosure under the First Responders
6    Suicide Prevention Act.
7        (pp) Names and all identifying information relating to
8    an employee of an emergency services provider or law
9    enforcement agency under the First Responders Suicide
10    Prevention Act.
11        (qq) Information and records held by the Department of
12    Public Health and its authorized representatives collected
13    under the Reproductive Health Act.
14        (rr) Information that is exempt from disclosure under
15    the Cannabis Regulation and Tax Act.
16        (ss) Data reported by an employer to the Department of
17    Human Rights pursuant to Section 2-108 of the Illinois
18    Human Rights Act.
19        (tt) Recordings made under the Children's Advocacy
20    Center Act, except to the extent authorized under that
21    Act.
22        (uu) Information that is exempt from disclosure under
23    Section 50 of the Sexual Assault Evidence Submission Act.
24        (vv) Information that is exempt from disclosure under
25    subsections (f) and (j) of Section 5-36 of the Illinois
26    Public Aid Code.

 

 

HB5197- 17 -LRB103 38441 RLC 68577 b

1        (ww) Information that is exempt from disclosure under
2    Section 16.8 of the State Treasurer Act.
3        (xx) Information that is exempt from disclosure or
4    information that shall not be made public under the
5    Illinois Insurance Code.
6        (yy) Information prohibited from being disclosed under
7    the Illinois Educational Labor Relations Act.
8        (zz) Information prohibited from being disclosed under
9    the Illinois Public Labor Relations Act.
10        (aaa) Information prohibited from being disclosed
11    under Section 1-167 of the Illinois Pension Code.
12        (bbb) Information that is prohibited from disclosure
13    by the Illinois Police Training Act and the Illinois State
14    Police Act.
15        (ccc) Records exempt from disclosure under Section
16    2605-304 of the Illinois State Police Law of the Civil
17    Administrative Code of Illinois.
18        (ddd) Information prohibited from being disclosed
19    under Section 35 of the Address Confidentiality for
20    Victims of Domestic Violence, Sexual Assault, Human
21    Trafficking, or Stalking Act.
22        (eee) Information prohibited from being disclosed
23    under subsection (b) of Section 75 of the Domestic
24    Violence Fatality Review Act.
25        (fff) Images from cameras under the Expressway Camera
26    Act. This subsection (fff) is inoperative on and after

 

 

HB5197- 18 -LRB103 38441 RLC 68577 b

1    July 1, 2025.
2        (ggg) Information prohibited from disclosure under
3    paragraph (3) of subsection (a) of Section 14 of the Nurse
4    Agency Licensing Act.
5        (hhh) (Blank). Information submitted to the Illinois
6    State Police in an affidavit or application for an assault
7    weapon endorsement, assault weapon attachment endorsement,
8    .50 caliber rifle endorsement, or .50 caliber cartridge
9    endorsement under the Firearm Owners Identification Card
10    Act.
11        (iii) Data exempt from disclosure under Section 50 of
12    the School Safety Drill Act.
13        (jjj) (hhh) Information exempt from disclosure under
14    Section 30 of the Insurance Data Security Law.
15        (kkk) (iii) Confidential business information
16    prohibited from disclosure under Section 45 of the Paint
17    Stewardship Act.
18        (lll) (iii) Data exempt from disclosure under Section
19    2-3.196 of the School Code.
20        (mmm) (iii) Information prohibited from being
21    disclosed under subsection (e) of Section 1-129 of the
22    Illinois Power Agency Act.
23(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
24102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
258-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
26102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

 

 

HB5197- 19 -LRB103 38441 RLC 68577 b

16-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
2eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
3103-580, eff. 12-8-23; revised 1-2-24.)
 
4    Section 10. The Firearm Owners Identification Card Act is
5amended by changing Section 8 as follows:
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Illinois
8State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Illinois State
11Police finds that the applicant or the person to whom such card
12was issued is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) This subsection (b) applies through the 180th day
17    following July 12, 2019 (the effective date of Public Act
18    101-80). A person under 21 years of age who does not have
19    the written consent of his parent or guardian to acquire
20    and possess firearms and firearm ammunition, or whose
21    parent or guardian has revoked such written consent, or
22    where such parent or guardian does not qualify to have a
23    Firearm Owner's Identification Card;
24        (b-5) This subsection (b-5) applies on and after the

 

 

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1    181st day following July 12, 2019 (the effective date of
2    Public Act 101-80). A person under 21 years of age who is
3    not an active duty member of the United States Armed
4    Forces or the Illinois National Guard and does not have
5    the written consent of his or her parent or guardian to
6    acquire and possess firearms and firearm ammunition, or
7    whose parent or guardian has revoked such written consent,
8    or where such parent or guardian does not qualify to have a
9    Firearm Owner's Identification Card;
10        (c) A person convicted of a felony under the laws of
11    this or any other jurisdiction;
12        (d) A person addicted to narcotics;
13        (e) A person who has been a patient of a mental health
14    facility within the past 5 years or a person who has been a
15    patient in a mental health facility more than 5 years ago
16    who has not received the certification required under
17    subsection (u) of this Section. An active law enforcement
18    officer employed by a unit of government or a Department
19    of Corrections employee authorized to possess firearms who
20    is denied, revoked, or has his or her Firearm Owner's
21    Identification Card seized under this subsection (e) may
22    obtain relief as described in subsection (c-5) of Section
23    10 of this Act if the officer or employee did not act in a
24    manner threatening to the officer or employee, another
25    person, or the public as determined by the treating
26    clinical psychologist or physician, and the officer or

 

 

HB5197- 21 -LRB103 38441 RLC 68577 b

1    employee seeks mental health treatment;
2        (f) A person whose mental condition is of such a
3    nature that it poses a clear and present danger to the
4    applicant, any other person or persons, or the community;
5        (g) A person who has an intellectual disability;
6        (h) A person who intentionally makes a false statement
7    in the Firearm Owner's Identification Card application or
8    endorsement affidavit;
9        (i) A noncitizen who is unlawfully present in the
10    United States under the laws of the United States;
11        (i-5) A noncitizen who has been admitted to the United
12    States under a non-immigrant visa (as that term is defined
13    in Section 101(a)(26) of the Immigration and Nationality
14    Act (8 U.S.C. 1101(a)(26))), except that this subsection
15    (i-5) does not apply to any noncitizen who has been
16    lawfully admitted to the United States under a
17    non-immigrant visa if that noncitizen is:
18            (1) admitted to the United States for lawful
19        hunting or sporting purposes;
20            (2) an official representative of a foreign
21        government who is:
22                (A) accredited to the United States Government
23            or the Government's mission to an international
24            organization having its headquarters in the United
25            States; or
26                (B) en route to or from another country to

 

 

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1            which that noncitizen is accredited;
2            (3) an official of a foreign government or
3        distinguished foreign visitor who has been so
4        designated by the Department of State;
5            (4) a foreign law enforcement officer of a
6        friendly foreign government entering the United States
7        on official business; or
8            (5) one who has received a waiver from the
9        Attorney General of the United States pursuant to 18
10        U.S.C. 922(y)(3);
11        (j) (Blank);
12        (k) A person who has been convicted within the past 5
13    years of battery, assault, aggravated assault, violation
14    of an order of protection, or a substantially similar
15    offense in another jurisdiction, in which a firearm was
16    used or possessed;
17        (l) A person who has been convicted of domestic
18    battery, aggravated domestic battery, or a substantially
19    similar offense in another jurisdiction committed before,
20    on or after January 1, 2012 (the effective date of Public
21    Act 97-158). If the applicant or person who has been
22    previously issued a Firearm Owner's Identification Card
23    under this Act knowingly and intelligently waives the
24    right to have an offense described in this paragraph (l)
25    tried by a jury, and by guilty plea or otherwise, results
26    in a conviction for an offense in which a domestic

 

 

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1    relationship is not a required element of the offense but
2    in which a determination of the applicability of 18 U.S.C.
3    922(g)(9) is made under Section 112A-11.1 of the Code of
4    Criminal Procedure of 1963, an entry by the court of a
5    judgment of conviction for that offense shall be grounds
6    for denying an application for and for revoking and
7    seizing a Firearm Owner's Identification Card previously
8    issued to the person under this Act;
9        (m) (Blank);
10        (n) A person who is prohibited from acquiring or
11    possessing firearms or firearm ammunition by any Illinois
12    State statute or by federal law;
13        (o) A minor subject to a petition filed under Section
14    5-520 of the Juvenile Court Act of 1987 alleging that the
15    minor is a delinquent minor for the commission of an
16    offense that if committed by an adult would be a felony;
17        (p) An adult who had been adjudicated a delinquent
18    minor under the Juvenile Court Act of 1987 for the
19    commission of an offense that if committed by an adult
20    would be a felony;
21        (q) A person who is not a resident of the State of
22    Illinois, except as provided in subsection (a-10) of
23    Section 4;
24        (r) A person who has been adjudicated as a person with
25    a mental disability;
26        (s) A person who has been found to have a

 

 

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1    developmental disability;
2        (t) A person involuntarily admitted into a mental
3    health facility; or
4        (u) A person who has had his or her Firearm Owner's
5    Identification Card revoked or denied under subsection (e)
6    of this Section or item (iv) of paragraph (2) of
7    subsection (a) of Section 4 of this Act because he or she
8    was a patient in a mental health facility as provided in
9    subsection (e) of this Section, shall not be permitted to
10    obtain a Firearm Owner's Identification Card, after the
11    5-year period has lapsed, unless he or she has received a
12    mental health evaluation by a physician, clinical
13    psychologist, or qualified examiner as those terms are
14    defined in the Mental Health and Developmental
15    Disabilities Code, and has received a certification that
16    he or she is not a clear and present danger to himself,
17    herself, or others. The physician, clinical psychologist,
18    or qualified examiner making the certification and his or
19    her employer shall not be held criminally, civilly, or
20    professionally liable for making or not making the
21    certification required under this subsection, except for
22    willful or wanton misconduct. This subsection does not
23    apply to a person whose firearm possession rights have
24    been restored through administrative or judicial action
25    under Section 10 or 11 of this Act.
26    Upon revocation of a person's Firearm Owner's

 

 

HB5197- 25 -LRB103 38441 RLC 68577 b

1Identification Card, the Illinois State Police shall provide
2notice to the person and the person shall comply with Section
39.5 of this Act.
4(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
5102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
65-27-22; 102-1116, eff. 1-10-23.)
 
7    (430 ILCS 65/4.1 rep.)
8    Section 15. The Firearm Owners Identification Card Act is
9amended by repealing Section 4.1.
 
10    Section 20. The Firearms Restraining Order Act is amended
11by changing Sections 40, 45, and 55 as follows:
 
12    (430 ILCS 67/40)
13    Sec. 40. Plenary Six-month orders.
14    (a) A petitioner may request a 6-month firearms
15restraining order for up to one year by filing an affidavit or
16verified pleading alleging that the respondent poses a
17significant danger of causing personal injury to himself,
18herself, or another in the near future by having in his or her
19custody or control, purchasing, possessing, or receiving a
20firearm, ammunition, and firearm parts that could be assembled
21to make an operable firearm. The petition shall also describe
22the number, types, and locations of any firearms, ammunition,
23and firearm parts that could be assembled to make an operable

 

 

HB5197- 26 -LRB103 38441 RLC 68577 b

1firearm presently believed by the petitioner to be possessed
2or controlled by the respondent. The firearms restraining
3order may be renewed for an additional period of up to one year
4in accordance with Section 45 of this Act.
5    (b) If the respondent is alleged to pose a significant
6danger of causing personal injury to an intimate partner, or
7an intimate partner is alleged to have been the target of a
8threat or act of violence by the respondent, the petitioner
9shall make a good faith effort to provide notice to any and all
10intimate partners of the respondent. The notice must include
11the duration of time that the petitioner intends to petition
12the court for a 6-month firearms restraining order, and, if
13the petitioner is a law enforcement officer, referral to
14relevant domestic violence or stalking advocacy or counseling
15resources, if appropriate. The petitioner shall attest to
16having provided the notice in the filed affidavit or verified
17pleading. If, after making a good faith effort, the petitioner
18is unable to provide notice to any or all intimate partners,
19the affidavit or verified pleading should describe what
20efforts were made.
21    (c) Every person who files a petition for a plenary
226-month firearms restraining order, knowing the information
23provided to the court at any hearing or in the affidavit or
24verified pleading to be false, is guilty of perjury under
25Section 32-2 of the Criminal Code of 2012.
26    (d) Upon receipt of a petition for a plenary 6-month

 

 

HB5197- 27 -LRB103 38441 RLC 68577 b

1firearms restraining order, the court shall order a hearing
2within 30 days.
3    (e) In determining whether to issue a firearms restraining
4order under this Section, the court shall consider evidence
5including, but not limited to, the following:
6        (1) The unlawful and reckless use, display, or
7    brandishing of a firearm, ammunition, and firearm parts
8    that could be assembled to make an operable firearm by the
9    respondent.
10        (2) The history of use, attempted use, or threatened
11    use of physical force by the respondent against another
12    person.
13        (3) Any prior arrest of the respondent for a felony
14    offense.
15        (4) Evidence of the abuse of controlled substances or
16    alcohol by the respondent.
17        (5) A recent threat of violence or act of violence by
18    the respondent directed toward himself, herself, or
19    another.
20        (6) A violation of an emergency order of protection
21    issued under Section 217 of the Illinois Domestic Violence
22    Act of 1986 or Section 112A-17 of the Code of Criminal
23    Procedure of 1963 or of an order of protection issued
24    under Section 214 of the Illinois Domestic Violence Act of
25    1986 or Section 112A-14 of the Code of Criminal Procedure
26    of 1963.

 

 

HB5197- 28 -LRB103 38441 RLC 68577 b

1        (7) A pattern of violent acts or violent threats,
2    including, but not limited to, threats of violence or acts
3    of violence by the respondent directed toward himself,
4    herself, or another.
5    (f) At the hearing, the petitioner shall have the burden
6of proving, by clear and convincing evidence, that the
7respondent poses a significant danger of personal injury to
8himself, herself, or another by having in his or her custody or
9control, purchasing, possessing, or receiving a firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm.
12    (g) If the court finds that there is clear and convincing
13evidence to issue a plenary firearms restraining order, the
14court shall issue a firearms restraining order that shall be
15in effect for up to one year, but not less than 6 months, 6
16months subject to renewal under Section 45 of this Act or
17termination under that Section.
18    (g-5) If the court issues a plenary 6-month firearms
19restraining order, it shall, upon a finding of probable cause
20that the respondent possesses firearms, ammunition, and
21firearm parts that could be assembled to make an operable
22firearm, issue a search warrant directing a law enforcement
23agency to seize the respondent's firearms, ammunition, and
24firearm parts that could be assembled to make an operable
25firearm. The court may, as part of that warrant, direct the law
26enforcement agency to search the respondent's residence and

 

 

HB5197- 29 -LRB103 38441 RLC 68577 b

1other places where the court finds there is probable cause to
2believe he or she is likely to possess the firearms,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm. A return of the search warrant shall be
5filed by the law enforcement agency within 4 days thereafter,
6setting forth the time, date, and location that the search
7warrant was executed and what items, if any, were seized.
8    (h) A plenary 6-month firearms restraining order shall
9require:
10        (1) the respondent to refrain from having in his or
11    her custody or control, purchasing, possessing, or
12    receiving additional firearms, ammunition, and firearm
13    parts that could be assembled to make an operable firearm
14    for the duration of the order under Section 8.2 of the
15    Firearm Owners Identification Card Act; and
16        (2) the respondent to comply with Section 9.5 of the
17    Firearm Owners Identification Card Act and subsection (g)
18    of Section 70 of the Firearm Concealed Carry Act.
19    (i) Except as otherwise provided in subsection (i-5) of
20this Section, upon expiration of the period of safekeeping, if
21the firearms, ammunition, and firearm parts that could be
22assembled to make an operable firearm or Firearm Owner's
23Identification Card cannot be returned to the respondent
24because the respondent cannot be located, fails to respond to
25requests to retrieve the firearms, ammunition, and firearm
26parts that could be assembled to make an operable firearm, or

 

 

HB5197- 30 -LRB103 38441 RLC 68577 b

1is not lawfully eligible to possess a firearm, ammunition, and
2firearm parts that could be assembled to make an operable
3firearm, upon petition from the local law enforcement agency,
4the court may order the local law enforcement agency to
5destroy the firearms, ammunition, and firearm parts that could
6be assembled to make an operable firearm, use the firearms,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm for training purposes, or use the
9firearms, ammunition, and firearm parts that could be
10assembled to make an operable firearm for any other
11application as deemed appropriate by the local law enforcement
12agency.
13    (i-5) A respondent whose Firearm Owner's Identification
14Card has been revoked or suspended may petition the court, if
15the petitioner is present in court or has notice of the
16respondent's petition, to transfer the respondent's firearm,
17ammunition, and firearm parts that could be assembled to make
18an operable firearm to a person who is lawfully able to possess
19the firearm, ammunition, and firearm parts that could be
20assembled to make an operable firearm if the person does not
21reside at the same address as the respondent. Notice of the
22petition shall be served upon the person protected by the
23emergency firearms restraining order. While the order is in
24effect, the transferee who receives the respondent's firearms,
25ammunition, and firearm parts that could be assembled to make
26an operable firearm must swear or affirm by affidavit that he

 

 

HB5197- 31 -LRB103 38441 RLC 68577 b

1or she shall not transfer the firearm, ammunition, and firearm
2parts that could be assembled to make an operable firearm to
3the respondent or to anyone residing in the same residence as
4the respondent.
5    (i-6) If a person other than the respondent claims title
6to any firearms, ammunition, and firearm parts that could be
7assembled to make an operable firearm surrendered under this
8Section, he or she may petition the court, if the petitioner is
9present in court or has notice of the petition, to have the
10firearm, ammunition, and firearm parts that could be assembled
11to make an operable firearm returned to him or her. If the
12court determines that person to be the lawful owner of the
13firearm, ammunition, and firearm parts that could be assembled
14to make an operable firearm, the firearm, ammunition, and
15firearm parts that could be assembled to make an operable
16firearm shall be returned to him or her, provided that:
17        (1) the firearm, ammunition, and firearm parts that
18    could be assembled to make an operable firearm are removed
19    from the respondent's custody, control, or possession and
20    the lawful owner agrees to store the firearm, ammunition,
21    and firearm parts that could be assembled to make an
22    operable firearm in a manner such that the respondent does
23    not have access to or control of the firearm, ammunition,
24    and firearm parts that could be assembled to make an
25    operable firearm; and
26        (2) the firearm, ammunition, and firearm parts that

 

 

HB5197- 32 -LRB103 38441 RLC 68577 b

1    could be assembled to make an operable firearm are not
2    otherwise unlawfully possessed by the owner.
3    The person petitioning for the return of his or her
4firearm, ammunition, and firearm parts that could be assembled
5to make an operable firearm must swear or affirm by affidavit
6that he or she: (i) is the lawful owner of the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm; (ii) shall not transfer the firearm,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm to the respondent; and (iii) will store
11the firearm, ammunition, and firearm parts that could be
12assembled to make an operable firearm in a manner that the
13respondent does not have access to or control of the firearm,
14ammunition, and firearm parts that could be assembled to make
15an operable firearm.
16    (j) If the court does not issue a firearms restraining
17order at the hearing, the court shall dissolve any emergency
18firearms restraining order then in effect.
19    (k) When the court issues a firearms restraining order
20under this Section, the court shall inform the respondent that
21he or she is entitled to one hearing during the period of the
22order to request a termination of the order, under Section 45
23of this Act, and shall provide the respondent with a form to
24request a hearing.
25(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
26102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

 

 

HB5197- 33 -LRB103 38441 RLC 68577 b

15-13-22; 102-1116, eff. 1-10-23.)
 
2    (430 ILCS 67/45)
3    Sec. 45. Termination and renewal.
4    (a) A person subject to a firearms restraining order
5issued under this Act may submit one written request at any
6time during the effective period of the order for a hearing to
7terminate the order.
8        (1) The respondent shall have the burden of proving by
9    a preponderance of the evidence that the respondent does
10    not pose a danger of causing personal injury to himself,
11    herself, or another in the near future by having in his or
12    her custody or control, purchasing, possessing, or
13    receiving a firearm, ammunition, and firearm parts that
14    could be assembled to make an operable firearm.
15        (2) If the court finds after the hearing that the
16    respondent has met his or her burden, the court shall
17    terminate the order.
18    (b) A petitioner may request a renewal of a firearms
19restraining order at any time within the 3 months before the
20expiration of a firearms restraining order.
21        (1) A court shall, after notice and a hearing, renew a
22    firearms restraining order issued under this part if the
23    petitioner proves, by clear and convincing evidence, that
24    the respondent continues to pose a danger of causing
25    personal injury to himself, herself, or another in the

 

 

HB5197- 34 -LRB103 38441 RLC 68577 b

1    near future by having in his or her custody or control,
2    purchasing, possessing, or receiving a firearm,
3    ammunition, and firearm parts that could be assembled to
4    make an operable firearm.
5        (2) In determining whether to renew a firearms
6    restraining order issued under this Act, the court shall
7    consider evidence of the facts identified in subsection
8    (e) of Section 40 of this Act and any other evidence of an
9    increased risk for violence.
10        (3) At the hearing, the petitioner shall have the
11    burden of proving by clear and convincing evidence that
12    the respondent continues to pose a danger of causing
13    personal injury to himself, herself, or another in the
14    near future by having in his or her custody or control,
15    purchasing, possessing, or receiving a firearm,
16    ammunition, and firearm parts that could be assembled to
17    make an operable firearm.
18        (4) The renewal of a firearms restraining order issued
19    under this Section shall be in effect for 6 months up to
20    one year and may be renewed for an additional period of up
21    to one year, subject to termination by further order of
22    the court at a hearing held under this Section and further
23    renewal by further order of the court under this Section.
24(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
25102-1116, eff. 1-10-23.)

 

 

 

HB5197- 35 -LRB103 38441 RLC 68577 b

1    (430 ILCS 67/55)
2    Sec. 55. Data maintenance by law enforcement agencies.
3    (a) All sheriffs shall furnish to the Illinois State
4Police, daily, in the form and detail the Illinois State
5Police requires, copies of any recorded firearms restraining
6orders issued by the court, and any foreign orders of
7protection filed by the clerk of the court, and transmitted to
8the sheriff by the clerk of the court under Section 50. Each
9firearms restraining order shall be entered in the Law
10Enforcement Agencies Data System (LEADS) on the same day it is
11issued by the court. If an emergency firearms restraining
12order was issued in accordance with Section 35 of this Act, the
13order shall be entered in the Law Enforcement Agencies Data
14System (LEADS) as soon as possible after receipt from the
15clerk.
16    (b) The Illinois State Police shall maintain a complete
17and systematic record and index of all valid and recorded
18firearms restraining orders issued or filed under this Act.
19The data shall be used to inform all dispatchers and law
20enforcement officers at the scene of a violation of a firearms
21restraining order of the effective dates and terms of any
22recorded order of protection.
23    (c) The data, records, and transmittals required under
24this Section shall pertain to any valid emergency or plenary
256-month firearms restraining order, whether issued in a civil
26or criminal proceeding or authorized under the laws of another

 

 

HB5197- 36 -LRB103 38441 RLC 68577 b

1state, tribe, or United States territory.
2(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
3102-1116, eff. 1-10-23.)
 
4    Section 25. The Criminal Code of 2012 is amended by
5changing Section 24-1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of
9weapons when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any
14    knife, commonly referred to as a switchblade knife, which
15    has a blade that opens automatically by hand pressure
16    applied to a button, spring or other device in the handle
17    of the knife, or a ballistic knife, which is a device that
18    propels a knifelike blade as a projectile by means of a
19    coil spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or
24    deadly weapon or instrument of like character; or

 

 

HB5197- 37 -LRB103 38441 RLC 68577 b

1        (2.5) Carries or possesses with intent to use the same
2    unlawfully against another, any firearm in a church,
3    synagogue, mosque, or other building, structure, or place
4    used for religious worship; or
5        (3) Carries on or about his person or in any vehicle, a
6    tear gas gun projector or bomb or any object containing
7    noxious liquid gas or substance, other than an object
8    containing a non-lethal noxious liquid gas or substance
9    designed solely for personal defense carried by a person
10    18 years of age or older; or
11        (4) Carries or possesses in any vehicle or concealed
12    on or about his person except when on his land or in his
13    own abode, legal dwelling, or fixed place of business, or
14    on the land or in the legal dwelling of another person as
15    an invitee with that person's permission, any pistol,
16    revolver, stun gun or taser or other firearm, except that
17    this subsection (a) (4) does not apply to or affect
18    transportation of weapons that meet one of the following
19    conditions:
20            (i) are broken down in a non-functioning state; or
21            (ii) are not immediately accessible; or
22            (iii) are unloaded and enclosed in a case, firearm
23        carrying box, shipping box, or other container by a
24        person who has been issued a currently valid Firearm
25        Owner's Identification Card; or
26            (iv) are carried or possessed in accordance with

 

 

HB5197- 38 -LRB103 38441 RLC 68577 b

1        the Firearm Concealed Carry Act by a person who has
2        been issued a currently valid license under the
3        Firearm Concealed Carry Act; or
4        (5) Sets a spring gun; or
5        (6) Possesses any device or attachment of any kind
6    designed, used or intended for use in silencing the report
7    of any firearm; or
8        (7) Sells, manufactures, purchases, possesses or
9    carries:
10            (i) a machine gun, which shall be defined for the
11        purposes of this subsection as any weapon, which
12        shoots, is designed to shoot, or can be readily
13        restored to shoot, automatically more than one shot
14        without manually reloading by a single function of the
15        trigger, including the frame or receiver of any such
16        weapon, or sells, manufactures, purchases, possesses,
17        or carries any combination of parts designed or
18        intended for use in converting any weapon into a
19        machine gun, or any combination or parts from which a
20        machine gun can be assembled if such parts are in the
21        possession or under the control of a person;
22            (ii) any rifle having one or more barrels less
23        than 16 inches in length or a shotgun having one or
24        more barrels less than 18 inches in length or any
25        weapon made from a rifle or shotgun, whether by
26        alteration, modification, or otherwise, if such a

 

 

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1        weapon as modified has an overall length of less than
2        26 inches; or
3            (iii) any bomb, bomb-shell, grenade, bottle or
4        other container containing an explosive substance of
5        over one-quarter ounce for like purposes, such as, but
6        not limited to, black powder bombs and Molotov
7        cocktails or artillery projectiles; or
8        (8) Carries or possesses any firearm, stun gun or
9    taser or other deadly weapon in any place which is
10    licensed to sell intoxicating beverages, or at any public
11    gathering held pursuant to a license issued by any
12    governmental body or any public gathering at which an
13    admission is charged, excluding a place where a showing,
14    demonstration or lecture involving the exhibition of
15    unloaded firearms is conducted.
16        This subsection (a)(8) does not apply to any auction
17    or raffle of a firearm held pursuant to a license or permit
18    issued by a governmental body, nor does it apply to
19    persons engaged in firearm safety training courses; or
20        (9) Carries or possesses in a vehicle or on or about
21    his or her person any pistol, revolver, stun gun or taser
22    or firearm or ballistic knife, when he or she is hooded,
23    robed or masked in such manner as to conceal his or her
24    identity; or
25        (10) Carries or possesses on or about his or her
26    person, upon any public street, alley, or other public

 

 

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1    lands within the corporate limits of a city, village, or
2    incorporated town, except when an invitee thereon or
3    therein, for the purpose of the display of such weapon or
4    the lawful commerce in weapons, or except when on his land
5    or in his or her own abode, legal dwelling, or fixed place
6    of business, or on the land or in the legal dwelling of
7    another person as an invitee with that person's
8    permission, any pistol, revolver, stun gun, or taser or
9    other firearm, except that this subsection (a) (10) does
10    not apply to or affect transportation of weapons that meet
11    one of the following conditions:
12            (i) are broken down in a non-functioning state; or
13            (ii) are not immediately accessible; or
14            (iii) are unloaded and enclosed in a case, firearm
15        carrying box, shipping box, or other container by a
16        person who has been issued a currently valid Firearm
17        Owner's Identification Card; or
18            (iv) are carried or possessed in accordance with
19        the Firearm Concealed Carry Act by a person who has
20        been issued a currently valid license under the
21        Firearm Concealed Carry Act.
22        A "stun gun or taser", as used in this paragraph (a)
23    means (i) any device which is powered by electrical
24    charging units, such as, batteries, and which fires one or
25    several barbs attached to a length of wire and which, upon
26    hitting a human, can send out a current capable of

 

 

HB5197- 41 -LRB103 38441 RLC 68577 b

1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning or (ii) any
3    device which is powered by electrical charging units, such
4    as batteries, and which, upon contact with a human or
5    clothing worn by a human, can send out current capable of
6    disrupting the person's nervous system in such a manner as
7    to render him incapable of normal functioning; or
8        (11) Sells, manufactures, delivers, imports,
9    possesses, or purchases any assault weapon attachment or
10    .50 caliber cartridge in violation of Section 24-1.9 or
11    any explosive bullet. For purposes of this paragraph (a)
12    "explosive bullet" means the projectile portion of an
13    ammunition cartridge which contains or carries an
14    explosive charge which will explode upon contact with the
15    flesh of a human or an animal. "Cartridge" means a tubular
16    metal case having a projectile affixed at the front
17    thereof and a cap or primer at the rear end thereof, with
18    the propellant contained in such tube between the
19    projectile and the cap; or
20        (12) (Blank); or
21        (13) Carries or possesses on or about his or her
22    person while in a building occupied by a unit of
23    government, a billy club, other weapon of like character,
24    or other instrument of like character intended for use as
25    a weapon. For the purposes of this Section, "billy club"
26    means a short stick or club commonly carried by police

 

 

HB5197- 42 -LRB103 38441 RLC 68577 b

1    officers which is either telescopic or constructed of a
2    solid piece of wood or other man-made material; or
3        (14) Manufactures, possesses, sells, or offers to
4    sell, purchase, manufacture, import, transfer, or use any
5    device, part, kit, tool, accessory, or combination of
6    parts that is designed to and functions to increase the
7    rate of fire of a semiautomatic firearm above the standard
8    rate of fire for semiautomatic firearms that is not
9    equipped with that device, part, or combination of parts;
10    or
11        (15) Carries or possesses any assault weapon or .50
12    caliber rifle in violation of Section 24-1.9; or
13        (16) Manufactures, sells, delivers, imports, or
14    purchases any assault weapon or .50 caliber rifle in
15    violation of Section 24-1.9.
16    (b) Sentence. A person convicted of a violation of
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1924-1(a)(15) commits a Class A misdemeanor. A person convicted
20of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
21a Class 4 felony; a person convicted of a violation of
22subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2324-1(a)(16) or (iii) commits a Class 3 felony. A person
24convicted of a violation of subsection 24-1(a)(7)(i) commits a
25Class 2 felony and shall be sentenced to a term of imprisonment
26of not less than 3 years and not more than 7 years, unless the

 

 

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1weapon is possessed in the passenger compartment of a motor
2vehicle as defined in Section 1-146 of the Illinois Vehicle
3Code, or on the person, while the weapon is loaded, in which
4case it shall be a Class X felony. A person convicted of a
5second or subsequent violation of subsection 24-1(a)(4),
624-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
7a Class 3 felony. A person convicted of a violation of
8subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
9felony. The possession of each weapon or device in violation
10of this Section constitutes a single and separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the
18    real property comprising any school, regardless of the
19    time of day or the time of year, on residential property
20    owned, operated or managed by a public housing agency or
21    leased by a public housing agency as part of a scattered
22    site or mixed-income development, on the real property
23    comprising any public park, on the real property
24    comprising any courthouse, in any conveyance owned, leased
25    or contracted by a school to transport students to or from
26    school or a school related activity, in any conveyance

 

 

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1    owned, leased, or contracted by a public transportation
2    agency, or on any public way within 1,000 feet of the real
3    property comprising any school, public park, courthouse,
4    public transportation facility, or residential property
5    owned, operated, or managed by a public housing agency or
6    leased by a public housing agency as part of a scattered
7    site or mixed-income development commits a Class 2 felony
8    and shall be sentenced to a term of imprisonment of not
9    less than 3 years and not more than 7 years.
10        (1.5) A person who violates subsection 24-1(a)(4),
11    24-1(a)(9), or 24-1(a)(10) in any school, regardless of
12    the time of day or the time of year, in residential
13    property owned, operated, or managed by a public housing
14    agency or leased by a public housing agency as part of a
15    scattered site or mixed-income development, in a public
16    park, in a courthouse, on the real property comprising any
17    school, regardless of the time of day or the time of year,
18    on residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development,
21    on the real property comprising any public park, on the
22    real property comprising any courthouse, in any conveyance
23    owned, leased, or contracted by a school to transport
24    students to or from school or a school related activity,
25    in any conveyance owned, leased, or contracted by a public
26    transportation agency, or on any public way within 1,000

 

 

HB5197- 45 -LRB103 38441 RLC 68577 b

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

 

 

HB5197- 46 -LRB103 38441 RLC 68577 b

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development
3    commits a Class 4 felony. "Courthouse" means any building
4    that is used by the Circuit, Appellate, or Supreme Court
5    of this State for the conduct of official business.
6        (3) Paragraphs (1), (1.5), and (2) of this subsection
7    (c) shall not apply to law enforcement officers or
8    security officers of such school, college, or university
9    or to students carrying or possessing firearms for use in
10    training courses, parades, hunting, target shooting on
11    school ranges, or otherwise with the consent of school
12    authorities and which firearms are transported unloaded
13    enclosed in a suitable case, box, or transportation
14    package.
15        (4) For the purposes of this subsection (c), "school"
16    means any public or private elementary or secondary
17    school, community college, college, or university.
18        (5) For the purposes of this subsection (c), "public
19    transportation agency" means a public or private agency
20    that provides for the transportation or conveyance of
21    persons by means available to the general public, except
22    for transportation by automobiles not used for conveyance
23    of the general public as passengers; and "public
24    transportation facility" means a terminal or other place
25    where one may obtain public transportation.
26    (d) The presence in an automobile other than a public

 

 

HB5197- 47 -LRB103 38441 RLC 68577 b

1omnibus of any weapon, instrument or substance referred to in
2subsection (a)(7) is prima facie evidence that it is in the
3possession of, and is being carried by, all persons occupying
4such automobile at the time such weapon, instrument or
5substance is found, except under the following circumstances:
6(i) if such weapon, instrument or instrumentality is found
7upon the person of one of the occupants therein; or (ii) if
8such weapon, instrument or substance is found in an automobile
9operated for hire by a duly licensed driver in the due, lawful
10and proper pursuit of his or her trade, then such presumption
11shall not apply to the driver.
12    (e) Exemptions.
13        (1) Crossbows, Common or Compound bows and Underwater
14    Spearguns are exempted from the definition of ballistic
15    knife as defined in paragraph (1) of subsection (a) of
16    this Section.
17        (2) The provision of paragraph (1) of subsection (a)
18    of this Section prohibiting the sale, manufacture,
19    purchase, possession, or carrying of any knife, commonly
20    referred to as a switchblade knife, which has a blade that
21    opens automatically by hand pressure applied to a button,
22    spring or other device in the handle of the knife, does not
23    apply to a person who possesses a currently valid Firearm
24    Owner's Identification Card previously issued in his or
25    her name by the Illinois State Police or to a person or an
26    entity engaged in the business of selling or manufacturing

 

 

HB5197- 48 -LRB103 38441 RLC 68577 b

1    switchblade knives.
2(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
3102-1116, eff. 1-10-23.)
 
4    (720 ILCS 5/24-1.9 rep.)
5    (720 ILCS 5/24-1.10 rep.)
6    Section 30. The Criminal Code of 2012 is amended by
7repealing Sections 24-1.9 and 24-1.10.
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.

 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.