Full Text of SB3128 102nd General Assembly
SB3128 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3128 Introduced 1/11/2022, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.2-5 | | 720 ILCS 5/24-2 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 | 725 ILCS 5/110-6.1 | from Ch. 38, par. 110-6.1 |
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Amends the Criminal Code of 2012. Deletes provisions that prohibit the possession or use of any device or attachment of any kind designed, used, or
intended for use in silencing the report of any firearm. Amends the Code of Criminal Procedure of 1963 to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 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 | 9 | | weapons 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 |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (2.5) Carries or possesses with intent to use the same | 3 | | unlawfully against another, any firearm in a church, | 4 | | synagogue, mosque, or other building, structure, or place | 5 | | used for religious worship; or | 6 | | (3) Carries on or about his person or in any vehicle, a | 7 | | tear gas gun
projector or bomb or any object containing | 8 | | noxious liquid gas or
substance, other than an object | 9 | | containing a non-lethal noxious liquid gas
or substance | 10 | | designed solely for personal defense carried by a person | 11 | | 18
years of age or older; or
| 12 | | (4) Carries or possesses in any vehicle or concealed | 13 | | on or about his
person except when on his land or in his | 14 | | own abode, legal dwelling, or fixed place of
business, or | 15 | | on the land or in the legal dwelling of another person as | 16 | | an invitee with that person's permission, any pistol, | 17 | | revolver, stun gun or taser or other firearm, except
that
| 18 | | this subsection (a) (4) does not apply to or affect | 19 | | transportation of weapons
that meet one of the following | 20 | | conditions:
| 21 | | (i) are broken down in a non-functioning state; or
| 22 | | (ii) are not immediately accessible; or
| 23 | | (iii) are unloaded and enclosed in a case, firearm | 24 | | carrying box,
shipping box, or other container by a | 25 | | person who has been issued a currently
valid Firearm | 26 | | Owner's
Identification Card; or |
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| 1 | | (iv) are carried or possessed in accordance with | 2 | | the Firearm Concealed Carry Act by a person who has | 3 | | been issued a currently valid license under the | 4 | | Firearm Concealed Carry Act; or
| 5 | | (5) Sets a spring gun; or
| 6 | | (6) (Blank) Possesses any device or attachment of any | 7 | | kind designed, used or
intended for use in silencing the | 8 | | report of any firearm ; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less | 24 | | than 16 inches in length or a shotgun having one or | 25 | | more
barrels less than 18 inches in length or any | 26 | | weapon made from a rifle or
shotgun, whether by |
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| 1 | | alteration, modification, or otherwise, if such a | 2 | | weapon
as modified has an overall length of less than | 3 | | 26 inches; or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or | 10 | | taser or other
deadly weapon in any place which is | 11 | | licensed to sell intoxicating
beverages, or at any public | 12 | | gathering held pursuant to a license issued
by any | 13 | | governmental body or any public gathering at which an | 14 | | admission
is charged, excluding a place where a showing, | 15 | | demonstration or lecture
involving the exhibition of | 16 | | unloaded firearms is conducted.
| 17 | | This subsection (a)(8) does not apply to any auction | 18 | | or raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to | 20 | | persons
engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his or her person any
pistol, revolver, stun gun or taser | 23 | | or firearm or ballistic knife, when
he or she is hooded, | 24 | | robed or masked in such manner as to conceal his or her | 25 | | identity; or
| 26 | | (10) Carries or possesses on or about his or her |
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| 1 | | person, upon any public street,
alley, or other public | 2 | | lands within the corporate limits of a city, village,
or | 3 | | incorporated town, except when an invitee thereon or | 4 | | therein, for the
purpose of the display of such weapon or | 5 | | the lawful commerce in weapons, or
except when on his land | 6 | | or in his or her own abode, legal dwelling, or fixed place | 7 | | of business, or on the land or in the legal dwelling of | 8 | | another person as an invitee with that person's | 9 | | permission, any
pistol, revolver, stun gun, or taser or | 10 | | other firearm, except that this
subsection (a) (10) does | 11 | | not apply to or affect transportation of weapons that
meet | 12 | | one of the following conditions:
| 13 | | (i) are broken down in a non-functioning state; or
| 14 | | (ii) are not immediately accessible; or
| 15 | | (iii) are unloaded and enclosed in a case, firearm | 16 | | carrying box,
shipping box, or other container by a | 17 | | person who has been issued a currently
valid Firearm | 18 | | Owner's
Identification Card; or
| 19 | | (iv) are carried or possessed in accordance with | 20 | | the Firearm Concealed Carry Act by a person who has | 21 | | been issued a currently valid license under the | 22 | | Firearm Concealed Carry Act. | 23 | | A "stun gun or taser", as used in this paragraph (a) | 24 | | means (i) any device
which is powered by electrical | 25 | | charging units, such as, batteries, and
which fires one or | 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of | 2 | | disrupting
the person's nervous system in such a manner as | 3 | | to render him incapable of
normal functioning or (ii) any | 4 | | device which is powered by electrical
charging units, such | 5 | | as batteries, and which, upon contact with a human or
| 6 | | clothing worn by a human, can send out current capable of | 7 | | disrupting
the person's nervous system in such a manner as | 8 | | to render him incapable
of normal functioning; or
| 9 | | (11) Sells, manufactures, or purchases any explosive | 10 | | bullet. For purposes
of this paragraph (a) "explosive | 11 | | bullet" means the projectile portion of
an ammunition | 12 | | cartridge which contains or carries an explosive charge | 13 | | which
will explode upon contact with the flesh of a human | 14 | | or an animal.
"Cartridge" means a tubular metal case | 15 | | having a projectile affixed at the
front thereof and a cap | 16 | | or primer at the rear end thereof, with the
propellant | 17 | | contained in such tube between the projectile and the cap; | 18 | | or
| 19 | | (12) (Blank); or
| 20 | | (13) Carries or possesses on or about his or her | 21 | | person while in a building occupied by a unit of | 22 | | government, a billy club, other weapon of like character, | 23 | | or other instrument of like character intended for use as | 24 | | a weapon. For the purposes of this Section, "billy club" | 25 | | means a short stick or club commonly carried by police | 26 | | officers which is either telescopic or constructed of a |
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| 1 | | solid piece of wood or other man-made material. | 2 | | (b) Sentence. A person convicted of a violation of | 3 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 4 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 5 | | Class A
misdemeanor.
A person convicted of a violation of | 6 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | 7 | | a person
convicted of a violation of subsection 24-1(a)(6) or | 8 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 9 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 10 | | Class 2 felony and shall be sentenced to a term of imprisonment | 11 | | of not less than 3 years and not more than 7 years, unless the | 12 | | weapon is possessed in the
passenger compartment of a motor | 13 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 14 | | Code, or on the person, while the weapon is loaded, in which
| 15 | | case it shall be a Class X felony. A person convicted of a
| 16 | | second or subsequent violation of subsection 24-1(a)(4), | 17 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 18 | | felony. A person convicted of a violation of subsection | 19 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | 20 | | weapon in violation of this Section constitutes a single and | 21 | | separate violation.
| 22 | | (c) Violations in specific places.
| 23 | | (1) A person who violates subsection 24-1(a)(6) or | 24 | | 24-1(a)(7) in any
school, regardless of the time of day or | 25 | | the time of year, in residential
property owned, operated | 26 | | or managed by a public housing agency or
leased by
a public |
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| 1 | | housing agency as part of a scattered site or mixed-income
| 2 | | development, in a
public park, in a courthouse, on the | 3 | | real property comprising any school,
regardless of the
| 4 | | time of day or the time of year, on 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,
on the real property | 8 | | comprising any
public park, on the real property | 9 | | comprising any courthouse, in any conveyance
owned, leased | 10 | | or contracted by a school to
transport students to or from | 11 | | school or a school related activity, in any conveyance
| 12 | | owned, leased, or contracted by a public transportation | 13 | | agency, or on any
public way within 1,000 feet of the real | 14 | | property comprising any school,
public park, courthouse, | 15 | | public transportation facility, or residential property | 16 | | owned, operated, or managed
by a public housing agency
or | 17 | | leased by a public housing agency as part of a scattered | 18 | | site or
mixed-income development
commits a Class 2 felony | 19 | | and shall be sentenced to a term of imprisonment of not | 20 | | less than 3 years and not more than 7 years.
| 21 | | (1.5) A person who violates subsection 24-1(a)(4), | 22 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | 23 | | the time of day or the time of year,
in residential | 24 | | property owned, operated, or managed by a public
housing
| 25 | | agency
or leased by a public housing agency as part of a | 26 | | scattered site or
mixed-income development,
in
a public
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| 1 | | park, in a courthouse, on the real property comprising any | 2 | | school, regardless
of the time of day or the time of year, | 3 | | on 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 | | on the real property
comprising any public park, on the | 7 | | real property comprising any courthouse, in
any conveyance | 8 | | owned, leased, or contracted by a school to transport | 9 | | students
to or from school or a school related activity, | 10 | | in any conveyance
owned, leased, or contracted by a public | 11 | | transportation agency, or on any public way within
1,000 | 12 | | feet of the real property comprising any school, public | 13 | | park, courthouse,
public transportation facility, or | 14 | | residential property owned, operated, or managed by a | 15 | | public
housing agency
or leased by a public housing agency | 16 | | as part of a scattered site or
mixed-income development
| 17 | | commits a Class 3 felony.
| 18 | | (2) A person who violates subsection 24-1(a)(1), | 19 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 20 | | time of day or the time of year, in
residential property | 21 | | owned, operated or managed by a public housing
agency
or | 22 | | leased by a public housing agency as part of a scattered | 23 | | site or
mixed-income development,
in
a public park, in a | 24 | | courthouse, on the real property comprising any school,
| 25 | | regardless of the time of day or the time of year, on | 26 | | residential property
owned, operated or managed by a |
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| 1 | | public housing agency
or leased by a public housing agency | 2 | | as part of a scattered site or
mixed-income development,
| 3 | | on the real property
comprising any public park, on the | 4 | | real property comprising any courthouse, in
any conveyance | 5 | | owned, leased or contracted by a school to transport | 6 | | students
to or from school or a school related activity, | 7 | | in any conveyance
owned, leased, or contracted by a public | 8 | | transportation agency, or on any public way within
1,000 | 9 | | feet of the real property comprising any school, public | 10 | | park, courthouse,
public transportation facility, or | 11 | | residential property owned, operated, or managed by a | 12 | | public
housing agency or leased by a public housing agency | 13 | | as part of a scattered
site or mixed-income development | 14 | | commits a Class 4 felony. "Courthouse"
means any building | 15 | | that is used by the Circuit, Appellate, or Supreme Court | 16 | | of
this State for the conduct of official business.
| 17 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 18 | | (c) shall not
apply to law
enforcement officers or | 19 | | security officers of such school, college, or
university | 20 | | or to students carrying or possessing firearms for use in | 21 | | training
courses, parades, hunting, target shooting on | 22 | | school ranges, or otherwise with
the consent of school | 23 | | authorities and which firearms are transported unloaded
| 24 | | enclosed in a suitable case, box, or transportation | 25 | | package.
| 26 | | (4) For the purposes of this subsection (c), "school" |
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| 1 | | means any public or
private elementary or secondary | 2 | | school, community college, college, or
university.
| 3 | | (5) For the purposes of this subsection (c), "public | 4 | | transportation agency" means a public or private agency | 5 | | that provides for the transportation or conveyance of
| 6 | | persons by means available to the general public, except | 7 | | for transportation
by automobiles not used for conveyance | 8 | | of the general public as passengers; and "public | 9 | | transportation facility" means a terminal or other place
| 10 | | where one may obtain public transportation.
| 11 | | (d) The presence in an automobile other than a public | 12 | | omnibus of any
weapon, instrument or substance referred to in | 13 | | subsection (a)(7) is
prima facie evidence that it is in the | 14 | | possession of, and is being
carried by, all persons occupying | 15 | | such automobile at the time such
weapon, instrument or | 16 | | substance is found, except under the following
circumstances: | 17 | | (i) if such weapon, instrument or instrumentality is
found | 18 | | upon the person of one of the occupants therein; or (ii) if | 19 | | such
weapon, instrument or substance is found in an automobile | 20 | | operated for
hire by a duly licensed driver in the due, lawful | 21 | | and proper pursuit of
his or her trade, then such presumption | 22 | | shall not apply to the driver.
| 23 | | (e) Exemptions. | 24 | | (1) Crossbows, Common or Compound bows and Underwater
| 25 | | Spearguns are exempted from the definition of ballistic | 26 | | knife as defined in
paragraph (1) of subsection (a) of |
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| 1 | | this Section. | 2 | | (2) The provision of paragraph (1) of subsection (a) | 3 | | of this Section prohibiting the sale, manufacture, | 4 | | purchase, possession, or carrying of any knife, commonly | 5 | | referred to as a switchblade knife, which has a
blade that | 6 | | opens automatically by hand pressure applied to a button,
| 7 | | spring or other device in the handle of the knife, does not | 8 | | apply to a person who possesses a currently valid Firearm | 9 | | Owner's Identification Card previously issued in his or | 10 | | her name by the Illinois State Police or to a person or an | 11 | | entity engaged in the business of selling or manufacturing | 12 | | switchblade knives.
| 13 | | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
| 14 | | (720 ILCS 5/24-1.2-5)
| 15 | | Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | 16 | | firearm equipped with a device designed or used for silencing
| 17 | | the report of a firearm .
| 18 | | (a) A person commits aggravated discharge of a
machine gun | 19 | | or a firearm equipped with a device designed or used for | 20 | | silencing
the report of a firearm
when he or she knowingly or
| 21 | | intentionally:
| 22 | | (1) Discharges a
machine gun or a firearm equipped | 23 | | with a device designed or used for silencing
the report of | 24 | | a firearm
at or into a building he or she knows to be
| 25 | | occupied and the
machine gun or the firearm equipped with |
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| 1 | | a device designed or used for
silencing
the report of a | 2 | | firearm
is discharged from a place or position outside
| 3 | | that building;
| 4 | | (2) Discharges a
machine gun or a firearm equipped | 5 | | with a device designed or used for silencing
the report of | 6 | | a firearm
in the direction of another person or in the
| 7 | | direction of a vehicle he or she knows to be occupied;
| 8 | | (3) Discharges a
machine gun or a firearm equipped | 9 | | with a device designed or used for silencing
the report of | 10 | | a firearm
in the direction of a person he or she knows to | 11 | | be
a peace officer, a person summoned or directed by a | 12 | | peace officer, a
correctional institution employee, or a | 13 | | fireman while the officer,
employee or fireman is engaged | 14 | | in the execution of any of his or her official
duties, or | 15 | | to prevent the officer, employee or fireman from | 16 | | performing his
or her official duties, or in retaliation | 17 | | for the officer, employee or fireman
performing his or her | 18 | | official duties;
| 19 | | (4) Discharges a
machine gun or a firearm equipped | 20 | | with a device designed or used for silencing
the report of | 21 | | a firearm
in the direction of a vehicle he or she knows to | 22 | | be
occupied by a peace officer, a person summoned or | 23 | | directed by a peace
officer, a correctional institution | 24 | | employee or a fireman while the
officer, employee or | 25 | | fireman is engaged in the execution of any of his
or her | 26 | | official duties, or to prevent the officer, employee or |
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| 1 | | fireman from
performing his or her official duties, or in | 2 | | retaliation for the officer,
employee or fireman | 3 | | performing his or her official duties;
| 4 | | (5) Discharges a
machine gun or a firearm equipped | 5 | | with a device designed or used for silencing
the report of | 6 | | a firearm
in the direction of a person he or she knows to | 7 | | be
emergency medical services personnel while the
| 8 | | emergency medical services personnel is engaged in the | 9 | | execution of any of his or her official duties, or
to
| 10 | | prevent the
emergency medical services personnel from | 11 | | performing his or her official duties, or in
retaliation
| 12 | | for the
emergency medical services personnel performing | 13 | | his or her official duties;
| 14 | | (6) Discharges a
machine gun or a firearm equipped | 15 | | with a device designed or used for silencing
the report of | 16 | | a firearm
in the direction of a vehicle he or she knows to
| 17 | | be occupied by emergency medical services personnel, while | 18 | | the
emergency medical services personnel is engaged in the | 19 | | execution of any of his or her official
duties, or to | 20 | | prevent the
emergency medical services personnel from | 21 | | performing his or her official duties,
or
in retaliation | 22 | | for the
emergency medical services personnel performing | 23 | | his or her official
duties;
| 24 | | (7) Discharges a machine gun or a firearm equipped | 25 | | with a device
designed or used for silencing the report of | 26 | | a firearm in the direction of a
person he or she knows to |
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| 1 | | be an emergency management worker while the emergency
| 2 | | management worker is engaged in the execution of any of | 3 | | his or her official
duties, or to prevent the emergency | 4 | | management worker from performing his or
her official | 5 | | duties, or in retaliation for the emergency management | 6 | | worker
performing his or her official duties; or
| 7 | | (8) Discharges a machine gun or a firearm equipped | 8 | | with a device designed
or used for silencing the report of | 9 | | a firearm in the direction of a vehicle he
or she knows to | 10 | | be occupied by an emergency management worker while the
| 11 | | emergency management worker is engaged in the execution of | 12 | | any of his or her
official duties, or to prevent the | 13 | | emergency management worker from performing
his or her | 14 | | official duties, or in retaliation for the emergency | 15 | | management
worker performing his or her official duties.
| 16 | | (b) A violation of subsection (a) (1) or subsection (a) | 17 | | (2) of this
Section is a Class X felony. A violation of | 18 | | subsection (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) | 19 | | (8) of this Section is a Class X
felony for which the
sentence | 20 | | shall be a term of imprisonment of no less than 12 years and no | 21 | | more
than 50 years.
| 22 | | (c) For the purpose of this Section: | 23 | | "Emergency medical services personnel" has the meaning | 24 | | specified in Section 3.5 of the Emergency Medical Services | 25 | | (EMS) Systems Act and shall include all ambulance crew | 26 | | members, including drivers or pilots. |
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| 1 | | "Machine gun" has the meaning ascribed
to it in clause | 2 | | (i) of paragraph (7) of subsection (a) of Section 24-1 of | 3 | | this
Code.
| 4 | | (d) This Section does not apply to a peace officer while | 5 | | serving as a member of a tactical response team or special | 6 | | operations team. A peace officer may not personally own or | 7 | | apply for ownership of a device or attachment of any kind | 8 | | designed, used, or intended for use in silencing the report of | 9 | | any firearm. These devices shall be owned and maintained by | 10 | | lawfully recognized units of government whose duties include | 11 | | the investigation of criminal acts.
| 12 | | (Source: P.A. 99-816, eff. 8-15-16.)
| 13 | | (720 ILCS 5/24-2)
| 14 | | (Text of Section before amendment by P.A. 102-152 )
| 15 | | Sec. 24-2. Exemptions.
| 16 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 17 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 18 | | the following:
| 19 | | (1) Peace officers, and any person summoned by a peace | 20 | | officer to
assist in making arrests or preserving the | 21 | | peace, while actually engaged in
assisting such officer.
| 22 | | (2) Wardens, superintendents and keepers of prisons,
| 23 | | penitentiaries, jails and other institutions for the | 24 | | detention of persons
accused or convicted of an offense, | 25 | | while in the performance of their
official duty, or while |
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| 1 | | commuting between their homes and places of employment.
| 2 | | (3) Members of the Armed Services or Reserve Forces of | 3 | | the United States
or the Illinois National Guard or the | 4 | | Reserve Officers Training Corps,
while in the performance | 5 | | of their official duty.
| 6 | | (4) Special agents employed by a railroad or a public | 7 | | utility to
perform police functions, and guards of armored | 8 | | car companies, while
actually engaged in the performance | 9 | | of the duties of their employment or
commuting between | 10 | | their homes and places of employment; and watchmen
while | 11 | | actually engaged in the performance of the duties of their | 12 | | employment.
| 13 | | (5) Persons licensed as private security contractors, | 14 | | private
detectives, or private alarm contractors, or | 15 | | employed by a private security contractor, private | 16 | | detective, or private alarm contractor agency licensed
by | 17 | | the Department of Financial and Professional Regulation, | 18 | | if their duties
include the carrying of a weapon under the | 19 | | provisions of the Private
Detective, Private Alarm,
| 20 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 21 | | 2004,
while actually
engaged in the performance of the | 22 | | duties of their employment or commuting
between their | 23 | | homes and places of employment. A person shall be | 24 | | considered eligible for this
exemption if he or she has | 25 | | completed the required 20
hours of training for a private | 26 | | security contractor, private
detective, or private alarm |
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| 1 | | contractor, or employee of a licensed private security | 2 | | contractor, private detective, or private alarm contractor | 3 | | agency and 20 hours of required firearm
training, and has | 4 | | been issued a firearm control card by
the Department of | 5 | | Financial and Professional Regulation. Conditions for the | 6 | | renewal of
firearm control cards issued under the | 7 | | provisions of this Section
shall be the same as for those | 8 | | cards issued under the provisions of the
Private | 9 | | Detective, Private Alarm,
Private Security, Fingerprint | 10 | | Vendor, and Locksmith Act of 2004. The
firearm control | 11 | | card shall be carried by the private security contractor, | 12 | | private
detective, or private alarm contractor, or | 13 | | employee of the licensed private security contractor, | 14 | | private detective, or private alarm contractor agency at | 15 | | all
times when he or she is in possession of a concealable | 16 | | weapon permitted by his or her firearm control card.
| 17 | | (6) Any person regularly employed in a commercial or | 18 | | industrial
operation as a security guard for the | 19 | | protection of persons employed
and private property | 20 | | related to such commercial or industrial
operation, while | 21 | | actually engaged in the performance of his or her
duty or | 22 | | traveling between sites or properties belonging to the
| 23 | | employer, and who, as a security guard, is a member of a | 24 | | security force registered with the Department of Financial | 25 | | and Professional
Regulation; provided that such security | 26 | | guard has successfully completed a
course of study, |
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| 1 | | approved by and supervised by the Department of
Financial | 2 | | and Professional Regulation, consisting of not less than | 3 | | 40 hours of training
that includes the theory of law | 4 | | enforcement, liability for acts, and the
handling of | 5 | | weapons. A person shall be considered eligible for this
| 6 | | exemption if he or she has completed the required 20
hours | 7 | | of training for a security officer and 20 hours of | 8 | | required firearm
training, and has been issued a firearm | 9 | | control card by
the Department of Financial and | 10 | | Professional Regulation. Conditions for the renewal of
| 11 | | firearm control cards issued under the provisions of this | 12 | | Section
shall be the same as for those cards issued under | 13 | | the provisions of the
Private Detective, Private Alarm,
| 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 15 | | 2004. The
firearm control card shall be carried by the | 16 | | security guard at all
times when he or she is in possession | 17 | | of a concealable weapon permitted by his or her firearm | 18 | | control card.
| 19 | | (7) Agents and investigators of the Illinois | 20 | | Legislative Investigating
Commission authorized by the | 21 | | Commission to carry the weapons specified in
subsections | 22 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 23 | | any investigation for the Commission.
| 24 | | (8) Persons employed by a financial institution as a | 25 | | security guard for the protection of
other employees and | 26 | | property related to such financial institution, while
|
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| 1 | | actually engaged in the performance of their duties, | 2 | | commuting between
their homes and places of employment, or | 3 | | traveling between sites or
properties owned or operated by | 4 | | such financial institution, and who, as a security guard, | 5 | | is a member of a security force registered with the | 6 | | Department; provided that
any person so employed has | 7 | | successfully completed a course of study,
approved by and | 8 | | supervised by the Department of Financial and Professional | 9 | | Regulation,
consisting of not less than 40 hours of | 10 | | training which includes theory of
law enforcement, | 11 | | liability for acts, and the handling of weapons.
A person | 12 | | shall be considered to be eligible for this exemption if | 13 | | he or
she has completed the required 20 hours of training | 14 | | for a security officer
and 20 hours of required firearm | 15 | | training, and has been issued a
firearm control card by | 16 | | the Department of Financial and Professional Regulation.
| 17 | | Conditions for renewal of firearm control cards issued | 18 | | under the
provisions of this Section shall be the same as | 19 | | for those issued under the
provisions of the Private | 20 | | Detective, Private Alarm,
Private Security, Fingerprint | 21 | | Vendor, and Locksmith Act of 2004. The
firearm control | 22 | | card shall be carried by the security guard at all times | 23 | | when he or she is in possession of a concealable
weapon | 24 | | permitted by his or her firearm control card. For purposes | 25 | | of this subsection, "financial institution" means a
bank, | 26 | | savings and loan association, credit union or company |
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| 1 | | providing
armored car services.
| 2 | | (9) Any person employed by an armored car company to | 3 | | drive an armored
car, while actually engaged in the | 4 | | performance of his duties.
| 5 | | (10) Persons who have been classified as peace | 6 | | officers pursuant
to the Peace Officer Fire Investigation | 7 | | Act.
| 8 | | (11) Investigators of the Office of the State's | 9 | | Attorneys Appellate
Prosecutor authorized by the board of | 10 | | governors of the Office of the
State's Attorneys Appellate | 11 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 12 | | the State's Attorneys Appellate Prosecutor's Act.
| 13 | | (12) Special investigators appointed by a State's | 14 | | Attorney under
Section 3-9005 of the Counties Code.
| 15 | | (12.5) Probation officers while in the performance of | 16 | | their duties, or
while commuting between their homes, | 17 | | places of employment or specific locations
that are part | 18 | | of their assigned duties, with the consent of the chief | 19 | | judge of
the circuit for which they are employed, if they | 20 | | have received weapons training according
to requirements | 21 | | of the Peace Officer and Probation Officer Firearm | 22 | | Training Act.
| 23 | | (13) Court Security Officers while in the performance | 24 | | of their official
duties, or while commuting between their | 25 | | homes and places of employment, with
the
consent of the | 26 | | Sheriff.
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| 1 | | (13.5) A person employed as an armed security guard at | 2 | | a nuclear energy,
storage, weapons or development site or | 3 | | facility regulated by the Nuclear
Regulatory Commission | 4 | | who has completed the background screening and training
| 5 | | mandated by the rules and regulations of the Nuclear | 6 | | Regulatory Commission.
| 7 | | (14) Manufacture, transportation, or sale of weapons | 8 | | to
persons
authorized under subdivisions (1) through | 9 | | (13.5) of this
subsection
to
possess those weapons.
| 10 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 11 | | to
or affect any person carrying a concealed pistol, revolver, | 12 | | or handgun and the person has been issued a currently valid | 13 | | license under the Firearm Concealed Carry Act at the time of | 14 | | the commission of the offense. | 15 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 16 | | to
or affect a qualified current or retired law enforcement | 17 | | officer qualified under the laws of this State or under the | 18 | | federal Law Enforcement Officers Safety Act. | 19 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 20 | | 24-1.6 do not
apply to or affect
any of the following:
| 21 | | (1) Members of any club or organization organized for | 22 | | the purpose of
practicing shooting at targets upon | 23 | | established target ranges, whether
public or private, and | 24 | | patrons of such ranges, while such members
or patrons are | 25 | | using their firearms on those target ranges.
| 26 | | (2) Duly authorized military or civil organizations |
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| 1 | | while parading,
with the special permission of the | 2 | | Governor.
| 3 | | (3) Hunters, trappers or fishermen with a license or
| 4 | | permit while engaged in hunting,
trapping or fishing.
| 5 | | (4) Transportation of weapons that are broken down in | 6 | | a
non-functioning state or are not immediately accessible.
| 7 | | (5) Carrying or possessing any pistol, revolver, stun | 8 | | gun or taser or other firearm on the land or in the legal | 9 | | dwelling of another person as an invitee with that | 10 | | person's permission. | 11 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 12 | | of the
following:
| 13 | | (1) Peace officers while in performance of their | 14 | | official duties.
| 15 | | (2) Wardens, superintendents and keepers of prisons, | 16 | | penitentiaries,
jails and other institutions for the | 17 | | detention of persons accused or
convicted of an offense.
| 18 | | (3) Members of the Armed Services or Reserve Forces of | 19 | | the United States
or the Illinois National Guard, while in | 20 | | the performance of their official
duty.
| 21 | | (4) Manufacture, transportation, or sale of machine | 22 | | guns to persons
authorized under subdivisions (1) through | 23 | | (3) of this subsection to
possess machine guns, if the | 24 | | machine guns are broken down in a
non-functioning state or | 25 | | are not immediately accessible.
| 26 | | (5) Persons licensed under federal law to manufacture |
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| 1 | | any weapon from
which 8 or more shots or bullets can be | 2 | | discharged by a
single function of the firing device, or | 3 | | ammunition for such weapons, and
actually engaged in the | 4 | | business of manufacturing such weapons or
ammunition, but | 5 | | only with respect to activities which are within the | 6 | | lawful
scope of such business, such as the manufacture, | 7 | | transportation, or testing
of such weapons or ammunition. | 8 | | This exemption does not authorize the
general private | 9 | | possession of any weapon from which 8 or more
shots or | 10 | | bullets can be discharged by a single function of the | 11 | | firing
device, but only such possession and activities as | 12 | | are within the lawful
scope of a licensed manufacturing | 13 | | business described in this paragraph.
| 14 | | During transportation, such weapons shall be broken | 15 | | down in a
non-functioning state or not immediately | 16 | | accessible.
| 17 | | (6) The manufacture, transport, testing, delivery, | 18 | | transfer or sale,
and all lawful commercial or | 19 | | experimental activities necessary thereto, of
rifles, | 20 | | shotguns, and weapons made from rifles or shotguns,
or | 21 | | ammunition for such rifles, shotguns or weapons, where | 22 | | engaged in
by a person operating as a contractor or | 23 | | subcontractor pursuant to a
contract or subcontract for | 24 | | the development and supply of such rifles,
shotguns, | 25 | | weapons or ammunition to the United States government or | 26 | | any
branch of the Armed Forces of the United States, when |
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| 1 | | such activities are
necessary and incident to fulfilling | 2 | | the terms of such contract.
| 3 | | The exemption granted under this subdivision (c)(6)
| 4 | | shall also apply to any authorized agent of any such | 5 | | contractor or
subcontractor who is operating within the | 6 | | scope of his employment, where
such activities involving | 7 | | such weapon, weapons or ammunition are necessary
and | 8 | | incident to fulfilling the terms of such contract.
| 9 | | (7) A person possessing a rifle with a barrel or | 10 | | barrels less than 16 inches in length if: (A) the person | 11 | | has been issued a Curios and Relics license from the U.S. | 12 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 13 | | (B) the person is an active member of a bona fide, | 14 | | nationally recognized military re-enacting group and the | 15 | | modification is required and necessary to accurately | 16 | | portray the weapon for historical re-enactment purposes; | 17 | | the re-enactor is in possession of a valid and current | 18 | | re-enacting group membership credential; and the overall | 19 | | length of the weapon as modified is not less than 26 | 20 | | inches. | 21 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 22 | | possession
or carrying of a black-jack or slung-shot by a | 23 | | peace officer.
| 24 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 25 | | manager or
authorized employee of any place specified in that | 26 | | subsection nor to any
law enforcement officer.
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| 1 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 2 | | Section 24-1.6
do not apply
to members of any club or | 3 | | organization organized for the purpose of practicing
shooting | 4 | | at targets upon established target ranges, whether public or | 5 | | private,
while using their firearms on those target ranges.
| 6 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 7 | | to:
| 8 | | (1) Members of the Armed Services or Reserve Forces of | 9 | | the United
States or the Illinois National Guard, while in | 10 | | the performance of their
official duty.
| 11 | | (2) Bonafide collectors of antique or surplus military | 12 | | ordnance.
| 13 | | (3) Laboratories having a department of forensic | 14 | | ballistics, or
specializing in the development of | 15 | | ammunition or explosive ordnance.
| 16 | | (4) Commerce, preparation, assembly or possession of | 17 | | explosive
bullets by manufacturers of ammunition licensed | 18 | | by the federal government,
in connection with the supply | 19 | | of those organizations and persons exempted
by subdivision | 20 | | (g)(1) of this Section, or like organizations and persons
| 21 | | outside this State, or the transportation of explosive | 22 | | bullets to any
organization or person exempted in this | 23 | | Section by a common carrier or by a
vehicle owned or leased | 24 | | by an exempted manufacturer.
| 25 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 26 | | persons licensed
under federal law to manufacture any device |
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| 1 | | or attachment of any kind designed,
used, or intended for use | 2 | | in silencing the report of any firearm, firearms, or
| 3 | | ammunition
for those firearms equipped with those devices, and | 4 | | actually engaged in the
business of manufacturing those | 5 | | devices, firearms, or ammunition, but only with
respect to
| 6 | | activities that are within the lawful scope of that business, | 7 | | such as the
manufacture, transportation, or testing of those | 8 | | devices, firearms, or
ammunition. This
exemption does not | 9 | | authorize the general private possession of any device or
| 10 | | attachment of any kind designed, used, or intended for use in | 11 | | silencing the
report of any firearm, but only such possession | 12 | | and activities as are within
the
lawful scope of a licensed | 13 | | manufacturing business described in this subsection
(g-5). | 14 | | During transportation, these devices shall be detached from | 15 | | any weapon
or
not immediately accessible.
| 16 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 17 | | 24-1.6 do not apply to
or affect any parole agent or parole | 18 | | supervisor who meets the qualifications and conditions | 19 | | prescribed in Section 3-14-1.5 of the Unified Code of | 20 | | Corrections. | 21 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 22 | | officer while serving as a member of a tactical response team | 23 | | or special operations team. A peace officer may not personally | 24 | | own or apply for ownership of a device or attachment of any | 25 | | kind designed, used, or intended for use in silencing the | 26 | | report of any firearm. These devices shall be owned and |
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| 1 | | maintained by lawfully recognized units of government whose | 2 | | duties include the investigation of criminal acts. | 3 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 4 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 5 | | athlete's possession, transport on official Olympic and | 6 | | Paralympic transit systems established for athletes, or use of | 7 | | competition firearms sanctioned by the International Olympic | 8 | | Committee, the International Paralympic Committee, the | 9 | | International Shooting Sport Federation, or USA Shooting in | 10 | | connection with such athlete's training for and participation | 11 | | in shooting competitions at the 2016 Olympic and Paralympic | 12 | | Games and sanctioned test events leading up to the 2016 | 13 | | Olympic and Paralympic Games. | 14 | | (h) An information or indictment based upon a violation of | 15 | | any
subsection of this Article need not negative any | 16 | | exemptions contained in
this Article. The defendant shall have | 17 | | the burden of proving such an
exemption.
| 18 | | (i) Nothing in this Article shall prohibit, apply to, or | 19 | | affect
the transportation, carrying, or possession, of any | 20 | | pistol or revolver,
stun gun, taser, or other firearm | 21 | | consigned to a common carrier operating
under license of the | 22 | | State of Illinois or the federal government, where
such | 23 | | transportation, carrying, or possession is incident to the | 24 | | lawful
transportation in which such common carrier is engaged; | 25 | | and nothing in this
Article shall prohibit, apply to, or | 26 | | affect the transportation, carrying,
or possession of any |
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| 1 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 2 | | subject of and regulated by subsection 24-1(a)(7) or | 3 | | subsection
24-2(c) of this Article, which is unloaded and | 4 | | enclosed in a case, firearm
carrying box, shipping box, or | 5 | | other container, by the possessor of a valid
Firearm Owners | 6 | | Identification Card.
| 7 | | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.) | 8 | | (Text of Section after amendment by P.A. 102-152 )
| 9 | | Sec. 24-2. Exemptions.
| 10 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 11 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 12 | | the following:
| 13 | | (1) Peace officers, and any person summoned by a peace | 14 | | officer to
assist in making arrests or preserving the | 15 | | peace, while actually engaged in
assisting such officer.
| 16 | | (2) Wardens, superintendents and keepers of prisons,
| 17 | | penitentiaries, jails and other institutions for the | 18 | | detention of persons
accused or convicted of an offense, | 19 | | while in the performance of their
official duty, or while | 20 | | commuting between their homes and places of employment.
| 21 | | (3) Members of the Armed Services or Reserve Forces of | 22 | | the United States
or the Illinois National Guard or the | 23 | | Reserve Officers Training Corps,
while in the performance | 24 | | of their official duty.
| 25 | | (4) Special agents employed by a railroad or a public |
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| 1 | | utility to
perform police functions, and guards of armored | 2 | | car companies, while
actually engaged in the performance | 3 | | of the duties of their employment or
commuting between | 4 | | their homes and places of employment; and watchmen
while | 5 | | actually engaged in the performance of the duties of their | 6 | | employment.
| 7 | | (5) Persons licensed as private security contractors, | 8 | | private
detectives, or private alarm contractors, or | 9 | | employed by a private security contractor, private | 10 | | detective, or private alarm contractor agency licensed
by | 11 | | the Department of Financial and Professional Regulation, | 12 | | if their duties
include the carrying of a weapon under the | 13 | | provisions of the Private
Detective, Private Alarm,
| 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 15 | | 2004,
while actually
engaged in the performance of the | 16 | | duties of their employment or commuting
between their | 17 | | homes and places of employment. A person shall be | 18 | | considered eligible for this
exemption if he or she has | 19 | | completed the required 20
hours of training for a private | 20 | | security contractor, private
detective, or private alarm | 21 | | contractor, or employee of a licensed private security | 22 | | contractor, private detective, or private alarm contractor | 23 | | agency and 28 hours of required firearm
training, and has | 24 | | been issued a firearm control card by
the Department of | 25 | | Financial and Professional Regulation. Conditions for the | 26 | | renewal of
firearm control cards issued under the |
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| 1 | | provisions of this Section
shall be the same as for those | 2 | | cards issued under the provisions of the
Private | 3 | | Detective, Private Alarm,
Private Security, Fingerprint | 4 | | Vendor, and Locksmith Act of 2004. The
firearm control | 5 | | card shall be carried by the private security contractor, | 6 | | private
detective, or private alarm contractor, or | 7 | | employee of the licensed private security contractor, | 8 | | private detective, or private alarm contractor agency at | 9 | | all
times when he or she is in possession of a concealable | 10 | | weapon permitted by his or her firearm control card.
| 11 | | (6) Any person regularly employed in a commercial or | 12 | | industrial
operation as a security guard for the | 13 | | protection of persons employed
and private property | 14 | | related to such commercial or industrial
operation, while | 15 | | actually engaged in the performance of his or her
duty or | 16 | | traveling between sites or properties belonging to the
| 17 | | employer, and who, as a security guard, is a member of a | 18 | | security force registered with the Department of Financial | 19 | | and Professional
Regulation; provided that such security | 20 | | guard has successfully completed a
course of study, | 21 | | approved by and supervised by the Department of
Financial | 22 | | and Professional Regulation, consisting of not less than | 23 | | 48 hours of training
that includes the theory of law | 24 | | enforcement, liability for acts, and the
handling of | 25 | | weapons. A person shall be considered eligible for this
| 26 | | exemption if he or she has completed the required 20
hours |
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| 1 | | of training for a security officer and 28 hours of | 2 | | required firearm
training, and has been issued a firearm | 3 | | control card by
the Department of Financial and | 4 | | Professional Regulation. Conditions for the renewal of
| 5 | | firearm control cards issued under the provisions of this | 6 | | Section
shall be the same as for those cards issued under | 7 | | the provisions of the
Private Detective, Private Alarm,
| 8 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 9 | | 2004. The
firearm control card shall be carried by the | 10 | | security guard at all
times when he or she is in possession | 11 | | of a concealable weapon permitted by his or her firearm | 12 | | control card.
| 13 | | (7) Agents and investigators of the Illinois | 14 | | Legislative Investigating
Commission authorized by the | 15 | | Commission to carry the weapons specified in
subsections | 16 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 17 | | any investigation for the Commission.
| 18 | | (8) Persons employed by a financial institution as a | 19 | | security guard for the protection of
other employees and | 20 | | property related to such financial institution, while
| 21 | | actually engaged in the performance of their duties, | 22 | | commuting between
their homes and places of employment, or | 23 | | traveling between sites or
properties owned or operated by | 24 | | such financial institution, and who, as a security guard, | 25 | | is a member of a security force registered with the | 26 | | Department; provided that
any person so employed has |
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| 1 | | successfully completed a course of study,
approved by and | 2 | | supervised by the Department of Financial and Professional | 3 | | Regulation,
consisting of not less than 48 hours of | 4 | | training which includes theory of
law enforcement, | 5 | | liability for acts, and the handling of weapons.
A person | 6 | | shall be considered to be eligible for this exemption if | 7 | | he or
she has completed the required 20 hours of training | 8 | | for a security officer
and 28 hours of required firearm | 9 | | training, and has been issued a
firearm control card by | 10 | | the Department of Financial and Professional Regulation.
| 11 | | Conditions for renewal of firearm control cards issued | 12 | | under the
provisions of this Section shall be the same as | 13 | | for those issued under the
provisions of the Private | 14 | | Detective, Private Alarm,
Private Security, Fingerprint | 15 | | Vendor, and Locksmith Act of 2004. The
firearm control | 16 | | card shall be carried by the security guard at all times | 17 | | when he or she is in possession of a concealable
weapon | 18 | | permitted by his or her firearm control card. For purposes | 19 | | of this subsection, "financial institution" means a
bank, | 20 | | savings and loan association, credit union or company | 21 | | providing
armored car services.
| 22 | | (9) Any person employed by an armored car company to | 23 | | drive an armored
car, while actually engaged in the | 24 | | performance of his duties.
| 25 | | (10) Persons who have been classified as peace | 26 | | officers pursuant
to the Peace Officer Fire Investigation |
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| 1 | | Act.
| 2 | | (11) Investigators of the Office of the State's | 3 | | Attorneys Appellate
Prosecutor authorized by the board of | 4 | | governors of the Office of the
State's Attorneys Appellate | 5 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 6 | | the State's Attorneys Appellate Prosecutor's Act.
| 7 | | (12) Special investigators appointed by a State's | 8 | | Attorney under
Section 3-9005 of the Counties Code.
| 9 | | (12.5) Probation officers while in the performance of | 10 | | their duties, or
while commuting between their homes, | 11 | | places of employment or specific locations
that are part | 12 | | of their assigned duties, with the consent of the chief | 13 | | judge of
the circuit for which they are employed, if they | 14 | | have received weapons training according
to requirements | 15 | | of the Peace Officer and Probation Officer Firearm | 16 | | Training Act.
| 17 | | (13) Court Security Officers while in the performance | 18 | | of their official
duties, or while commuting between their | 19 | | homes and places of employment, with
the
consent of the | 20 | | Sheriff.
| 21 | | (13.5) A person employed as an armed security guard at | 22 | | a nuclear energy,
storage, weapons or development site or | 23 | | facility regulated by the Nuclear
Regulatory Commission | 24 | | who has completed the background screening and training
| 25 | | mandated by the rules and regulations of the Nuclear | 26 | | Regulatory Commission.
|
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| 1 | | (14) Manufacture, transportation, or sale of weapons | 2 | | to
persons
authorized under subdivisions (1) through | 3 | | (13.5) of this
subsection
to
possess those weapons.
| 4 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 5 | | to
or affect any person carrying a concealed pistol, revolver, | 6 | | or handgun and the person has been issued a currently valid | 7 | | license under the Firearm Concealed Carry Act at the time of | 8 | | the commission of the offense. | 9 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 10 | | to
or affect a qualified current or retired law enforcement | 11 | | officer qualified under the laws of this State or under the | 12 | | federal Law Enforcement Officers Safety Act. | 13 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 14 | | 24-1.6 do not
apply to or affect
any of the following:
| 15 | | (1) Members of any club or organization organized for | 16 | | the purpose of
practicing shooting at targets upon | 17 | | established target ranges, whether
public or private, and | 18 | | patrons of such ranges, while such members
or patrons are | 19 | | using their firearms on those target ranges.
| 20 | | (2) Duly authorized military or civil organizations | 21 | | while parading,
with the special permission of the | 22 | | Governor.
| 23 | | (3) Hunters, trappers or fishermen with a license or
| 24 | | permit while engaged in hunting,
trapping or fishing.
| 25 | | (4) Transportation of weapons that are broken down in | 26 | | a
non-functioning state or are not immediately accessible.
|
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| 1 | | (5) Carrying or possessing any pistol, revolver, stun | 2 | | gun or taser or other firearm on the land or in the legal | 3 | | dwelling of another person as an invitee with that | 4 | | person's permission. | 5 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 6 | | of the
following:
| 7 | | (1) Peace officers while in performance of their | 8 | | official duties.
| 9 | | (2) Wardens, superintendents and keepers of prisons, | 10 | | penitentiaries,
jails and other institutions for the | 11 | | detention of persons accused or
convicted of an offense.
| 12 | | (3) Members of the Armed Services or Reserve Forces of | 13 | | the United States
or the Illinois National Guard, while in | 14 | | the performance of their official
duty.
| 15 | | (4) Manufacture, transportation, or sale of machine | 16 | | guns to persons
authorized under subdivisions (1) through | 17 | | (3) of this subsection to
possess machine guns, if the | 18 | | machine guns are broken down in a
non-functioning state or | 19 | | are not immediately accessible.
| 20 | | (5) Persons licensed under federal law to manufacture | 21 | | any weapon from
which 8 or more shots or bullets can be | 22 | | discharged by a
single function of the firing device, or | 23 | | ammunition for such weapons, and
actually engaged in the | 24 | | business of manufacturing such weapons or
ammunition, but | 25 | | only with respect to activities which are within the | 26 | | lawful
scope of such business, such as the manufacture, |
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| 1 | | transportation, or testing
of such weapons or ammunition. | 2 | | This exemption does not authorize the
general private | 3 | | possession of any weapon from which 8 or more
shots or | 4 | | bullets can be discharged by a single function of the | 5 | | firing
device, but only such possession and activities as | 6 | | are within the lawful
scope of a licensed manufacturing | 7 | | business described in this paragraph.
| 8 | | During transportation, such weapons shall be broken | 9 | | down in a
non-functioning state or not immediately | 10 | | accessible.
| 11 | | (6) The manufacture, transport, testing, delivery, | 12 | | transfer or sale,
and all lawful commercial or | 13 | | experimental activities necessary thereto, of
rifles, | 14 | | shotguns, and weapons made from rifles or shotguns,
or | 15 | | ammunition for such rifles, shotguns or weapons, where | 16 | | engaged in
by a person operating as a contractor or | 17 | | subcontractor pursuant to a
contract or subcontract for | 18 | | the development and supply of such rifles,
shotguns, | 19 | | weapons or ammunition to the United States government or | 20 | | any
branch of the Armed Forces of the United States, when | 21 | | such activities are
necessary and incident to fulfilling | 22 | | the terms of such contract.
| 23 | | The exemption granted under this subdivision (c)(6)
| 24 | | shall also apply to any authorized agent of any such | 25 | | contractor or
subcontractor who is operating within the | 26 | | scope of his employment, where
such activities involving |
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| 1 | | such weapon, weapons or ammunition are necessary
and | 2 | | incident to fulfilling the terms of such contract.
| 3 | | (7) A person possessing a rifle with a barrel or | 4 | | barrels less than 16 inches in length if: (A) the person | 5 | | has been issued a Curios and Relics license from the U.S. | 6 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 7 | | (B) the person is an active member of a bona fide, | 8 | | nationally recognized military re-enacting group and the | 9 | | modification is required and necessary to accurately | 10 | | portray the weapon for historical re-enactment purposes; | 11 | | the re-enactor is in possession of a valid and current | 12 | | re-enacting group membership credential; and the overall | 13 | | length of the weapon as modified is not less than 26 | 14 | | inches. | 15 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 16 | | possession
or carrying of a black-jack or slung-shot by a | 17 | | peace officer.
| 18 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 19 | | manager or
authorized employee of any place specified in that | 20 | | subsection nor to any
law enforcement officer.
| 21 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 22 | | Section 24-1.6
do not apply
to members of any club or | 23 | | organization organized for the purpose of practicing
shooting | 24 | | at targets upon established target ranges, whether public or | 25 | | private,
while using their firearms on those target ranges.
| 26 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
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| 1 | | to:
| 2 | | (1) Members of the Armed Services or Reserve Forces of | 3 | | the United
States or the Illinois National Guard, while in | 4 | | the performance of their
official duty.
| 5 | | (2) Bonafide collectors of antique or surplus military | 6 | | ordnance.
| 7 | | (3) Laboratories having a department of forensic | 8 | | ballistics, or
specializing in the development of | 9 | | ammunition or explosive ordnance.
| 10 | | (4) Commerce, preparation, assembly or possession of | 11 | | explosive
bullets by manufacturers of ammunition licensed | 12 | | by the federal government,
in connection with the supply | 13 | | of those organizations and persons exempted
by subdivision | 14 | | (g)(1) of this Section, or like organizations and persons
| 15 | | outside this State, or the transportation of explosive | 16 | | bullets to any
organization or person exempted in this | 17 | | Section by a common carrier or by a
vehicle owned or leased | 18 | | by an exempted manufacturer.
| 19 | | (g-5) (Blank). Subsection 24-1(a)(6) does not apply to or | 20 | | affect persons licensed
under federal law to manufacture any | 21 | | device or attachment of any kind designed,
used, or intended | 22 | | for use in silencing the report of any firearm, firearms, or
| 23 | | ammunition
for those firearms equipped with those devices, and | 24 | | actually engaged in the
business of manufacturing those | 25 | | devices, firearms, or ammunition, but only with
respect to
| 26 | | activities that are within the lawful scope of that business, |
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| 1 | | such as the
manufacture, transportation, or testing of those | 2 | | devices, firearms, or
ammunition. This
exemption does not | 3 | | authorize the general private possession of any device or
| 4 | | attachment of any kind designed, used, or intended for use in | 5 | | silencing the
report of any firearm, but only such possession | 6 | | and activities as are within
the
lawful scope of a licensed | 7 | | manufacturing business described in this subsection
(g-5). | 8 | | During transportation, these devices shall be detached from | 9 | | any weapon
or
not immediately accessible.
| 10 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 11 | | 24-1.6 do not apply to
or affect any parole agent or parole | 12 | | supervisor who meets the qualifications and conditions | 13 | | prescribed in Section 3-14-1.5 of the Unified Code of | 14 | | Corrections. | 15 | | (g-7) (Blank). Subsection 24-1(a)(6) does not apply to a | 16 | | peace officer while serving as a member of a tactical response | 17 | | team or special operations team. A peace officer may not | 18 | | personally own or apply for ownership of a device or | 19 | | attachment of any kind designed, used, or intended for use in | 20 | | silencing the report of any firearm. These devices shall be | 21 | | owned and maintained by lawfully recognized units of | 22 | | government whose duties include the investigation of criminal | 23 | | acts. | 24 | | (g-10) (Blank). | 25 | | (h) An information or indictment based upon a violation of | 26 | | any
subsection of this Article need not negative any |
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| 1 | | exemptions contained in
this Article. The defendant shall have | 2 | | the burden of proving such an
exemption.
| 3 | | (i) Nothing in this Article shall prohibit, apply to, or | 4 | | affect
the transportation, carrying, or possession, of any | 5 | | pistol or revolver,
stun gun, taser, or other firearm | 6 | | consigned to a common carrier operating
under license of the | 7 | | State of Illinois or the federal government, where
such | 8 | | transportation, carrying, or possession is incident to the | 9 | | lawful
transportation in which such common carrier is engaged; | 10 | | and nothing in this
Article shall prohibit, apply to, or | 11 | | affect the transportation, carrying,
or possession of any | 12 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 13 | | subject of and regulated by subsection 24-1(a)(7) or | 14 | | subsection
24-2(c) of this Article, which is unloaded and | 15 | | enclosed in a case, firearm
carrying box, shipping box, or | 16 | | other container, by the possessor of a valid
Firearm Owners | 17 | | Identification Card.
| 18 | | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
| 19 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 20 | | Sec. 36-1. Property subject to forfeiture. | 21 | | (a) Any vessel or watercraft, vehicle, or aircraft is | 22 | | subject to forfeiture under this Article if the vessel or | 23 | | watercraft, vehicle, or aircraft is used with the knowledge
| 24 | | and consent of the owner in the commission of or in the attempt | 25 | | to commit as
defined in Section 8-4 of this Code: |
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| 1 | | (1) an offense prohibited by Section 9-1 (first degree | 2 | | murder), Section
9-3 (involuntary manslaughter and | 3 | | reckless homicide), Section
10-2 (aggravated kidnaping), | 4 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | 5 | | (aggravated criminal sexual assault), Section 11-1.40 | 6 | | (predatory criminal sexual assault of a child), subsection | 7 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection | 8 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | 9 | | sexual abuse), Section 11-6 (indecent solicitation of a | 10 | | child), Section 11-14.4 (promoting juvenile prostitution | 11 | | except for keeping a place of juvenile prostitution), | 12 | | Section 11-20.1 (child pornography), paragraph (a)(1), | 13 | | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | 14 | | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | 15 | | (aggravated battery), Section
12-7.3 (stalking), Section | 16 | | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | 17 | | theft is of precious metal or of scrap metal), subdivision | 18 | | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | 19 | | 18-2 (armed robbery), Section 19-1 (burglary), Section | 20 | | 19-2 (possession of burglary tools), Section 19-3 | 21 | | (residential burglary), Section 20-1 (arson; residential | 22 | | arson; place of worship arson), Section 20-2 (possession | 23 | | of explosives or explosive or incendiary devices), | 24 | | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | 25 | | of weapons), Section
24-1.2 (aggravated discharge of a | 26 | | firearm), Section
24-1.2-5 (aggravated discharge of a |
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| 1 | | machine gun or a firearm equipped with a device designed | 2 | | or used for silencing the report of a firearm ), Section
| 3 | | 24-1.5 (reckless discharge of a firearm), Section 28-1 | 4 | | (gambling), or Section 29D-15.2 (possession of a deadly | 5 | | substance) of this Code; | 6 | | (2) an offense prohibited by Section 21, 22, 23, 24 or | 7 | | 26 of the Cigarette Tax
Act if the vessel or watercraft, | 8 | | vehicle, or aircraft contains more than 10 cartons of
such | 9 | | cigarettes; | 10 | | (3) an offense prohibited by Section 28, 29, or 30 of | 11 | | the Cigarette Use Tax Act if
the vessel or watercraft, | 12 | | vehicle, or aircraft contains more than 10 cartons of such
| 13 | | cigarettes; | 14 | | (4) an offense prohibited by Section 44 of the | 15 | | Environmental Protection Act; | 16 | | (5) an offense prohibited by
Section 11-204.1
of the | 17 | | Illinois Vehicle Code (aggravated fleeing or attempting to | 18 | | elude a peace officer); | 19 | | (6) an offense prohibited by Section 11-501 of the | 20 | | Illinois Vehicle Code (driving while under the influence | 21 | | of alcohol or other drug or drugs, intoxicating compound | 22 | | or compounds or any combination thereof) or a similar | 23 | | provision of a local ordinance, and: | 24 | | (A) during a period in which his
or her driving | 25 | | privileges are revoked or suspended if
the revocation | 26 | | or suspension was for: |
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| 1 | | (i) Section 11-501 (driving under the | 2 | | influence of alcohol or other drug or drugs, | 3 | | intoxicating compound or compounds or any
| 4 | | combination thereof), | 5 | | (ii) Section 11-501.1 (statutory summary | 6 | | suspension or revocation), | 7 | | (iii) paragraph (b) of Section
11-401 (motor | 8 | | vehicle accidents involving death or personal | 9 | | injuries), or | 10 | | (iv) reckless homicide as defined in Section | 11 | | 9-3
of this Code; | 12 | | (B) has been previously convicted of reckless | 13 | | homicide or a similar provision of a law of another | 14 | | state relating to reckless homicide in which the | 15 | | person was determined to have been under the influence | 16 | | of alcohol, other drug or drugs, or intoxicating | 17 | | compound or compounds as an element of the offense or | 18 | | the person has previously been convicted of committing | 19 | | a violation of
driving under the influence of alcohol | 20 | | or other drug or drugs, intoxicating compound or | 21 | | compounds or any
combination thereof and was involved | 22 | | in a motor vehicle accident that resulted in death, | 23 | | great bodily harm, or permanent disability or | 24 | | disfigurement to another, when the violation was a | 25 | | proximate cause of the death or injuries; | 26 | | (C) the person committed a violation of driving |
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| 1 | | under the influence of alcohol or other drug or drugs, | 2 | | intoxicating compound or compounds or any
combination | 3 | | thereof under Section 11-501 of the Illinois Vehicle | 4 | | Code or a similar provision for the third or | 5 | | subsequent
time; | 6 | | (D) he
or she did not possess a valid driver's | 7 | | license or permit or a valid restricted driving permit | 8 | | or a valid judicial driving permit or a valid | 9 | | monitoring device driving permit; or | 10 | | (E) he or she knew or should have known that the | 11 | | vehicle he or she was driving was not covered by a | 12 | | liability insurance policy; | 13 | | (7) an offense described in subsection (g) of Section | 14 | | 6-303 of the
Illinois Vehicle Code; | 15 | | (8) an offense described in subsection (e) of
Section | 16 | | 6-101 of the Illinois Vehicle Code; or | 17 | | (9)(A) operating a watercraft under the influence of | 18 | | alcohol, other drug or drugs, intoxicating compound or | 19 | | compounds, or combination thereof under Section 5-16 of | 20 | | the Boat Registration and Safety Act during a period in | 21 | | which his or her privileges to operate a watercraft are | 22 | | revoked or suspended and the revocation or suspension was | 23 | | for operating a watercraft under the influence of alcohol, | 24 | | other drug or drugs, intoxicating compound or compounds, | 25 | | or combination thereof; (B) operating a watercraft under | 26 | | the influence of alcohol, other drug or drugs, |
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| 1 | | intoxicating compound or compounds, or combination thereof | 2 | | and has been previously convicted of reckless homicide or | 3 | | a similar provision of a law in another state relating to | 4 | | reckless homicide in which the person was determined to | 5 | | have been under the influence of alcohol, other drug or | 6 | | drugs, intoxicating compound or compounds, or combination | 7 | | thereof as an element of the offense or the person has | 8 | | previously been convicted of committing a violation of | 9 | | operating a watercraft under the influence of alcohol, | 10 | | other drug or drugs, intoxicating compound or compounds, | 11 | | or combination thereof and was involved in an accident | 12 | | that resulted in death, great bodily harm, or permanent | 13 | | disability or disfigurement to another, when the violation | 14 | | was a proximate cause of the death or injuries; or (C) the | 15 | | person committed a violation of operating a watercraft | 16 | | under the influence of alcohol, other drug or drugs, | 17 | | intoxicating compound or compounds, or combination thereof | 18 | | under Section 5-16 of the Boat Registration and Safety Act | 19 | | or a similar provision for the third or subsequent time.
| 20 | | (b) In addition, any mobile or portable equipment used in | 21 | | the commission of an
act which is in violation of Section 7g of | 22 | | the Metropolitan Water Reclamation
District Act shall be | 23 | | subject to seizure and forfeiture under the same
procedures | 24 | | provided in this Article for the seizure and forfeiture of | 25 | | vessels or watercraft,
vehicles, and aircraft, and any such | 26 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
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| 1 | | aircraft for purposes of this Article.
| 2 | | (c) In addition, when a person discharges a firearm at | 3 | | another individual from a vehicle with
the knowledge and | 4 | | consent of the owner of the vehicle and with the intent to
| 5 | | cause death or great bodily harm to that individual and as a | 6 | | result causes
death or great bodily harm to that individual, | 7 | | the vehicle shall be subject to
seizure and forfeiture under | 8 | | the same procedures provided in this Article for
the seizure | 9 | | and forfeiture of vehicles used in violations of clauses (1), | 10 | | (2), (3), or (4) of subsection (a) of this Section.
| 11 | | (d) If the spouse of the owner of a vehicle seized for
an | 12 | | offense described in subsection (g) of Section 6-303 of the
| 13 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | 14 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | 15 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| 16 | | Code makes a showing
that the seized vehicle is the only source | 17 | | of transportation and it is
determined that the financial | 18 | | hardship to the family as a result of the seizure
outweighs the | 19 | | benefit to the State from the seizure, the vehicle may be
| 20 | | forfeited to the spouse or family member and the title to the | 21 | | vehicle shall be
transferred to the spouse or family member | 22 | | who is properly licensed and who
requires the use of the | 23 | | vehicle for employment or family transportation
purposes. A | 24 | | written declaration of forfeiture of a vehicle under this
| 25 | | Section shall be sufficient cause for the title to be | 26 | | transferred to the spouse
or family member. The provisions of |
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| 1 | | this paragraph shall apply only to one
forfeiture per vehicle. | 2 | | If the vehicle is the subject of a subsequent
forfeiture | 3 | | proceeding by virtue of a subsequent conviction of either | 4 | | spouse or
the family member, the spouse or family member to | 5 | | whom the vehicle was
forfeited under the first forfeiture | 6 | | proceeding may not utilize the
provisions of this paragraph in | 7 | | another forfeiture proceeding. If the owner of
the vehicle | 8 | | seized owns more than one vehicle,
the procedure set out in | 9 | | this paragraph may be used for only one vehicle.
| 10 | | (e) In addition, property subject to forfeiture under | 11 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus | 12 | | Prevention Act may be seized and forfeited under this
Article.
| 13 | | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
| 14 | | Section 10. The Code of Criminal Procedure of 1963 is | 15 | | amended by changing Section 110-6.1 as follows:
| 16 | | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| 17 | | (Text of Section before amendment by P.A. 101-652 )
| 18 | | Sec. 110-6.1. Denial of bail in non-probationable felony | 19 | | offenses.
| 20 | | (a) Upon verified petition by the State, the court shall | 21 | | hold a hearing to
determine whether bail should be denied to a | 22 | | defendant who is charged with
a felony offense for which a | 23 | | sentence of imprisonment, without probation,
periodic | 24 | | imprisonment or conditional discharge, is required by law upon
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| 1 | | conviction, when it is alleged that the defendant's admission | 2 | | to bail poses
a real and present threat to the physical safety | 3 | | of any person or persons.
| 4 | | (1) A petition may be filed without prior notice to | 5 | | the defendant at the
first appearance before a judge, or | 6 | | within the 21 calendar days, except as
provided in Section | 7 | | 110-6, after arrest and release of the defendant upon
| 8 | | reasonable notice to defendant; provided that while such | 9 | | petition is
pending before the court, the defendant if | 10 | | previously released shall not be
detained.
| 11 | | (2) The hearing shall be held immediately upon the | 12 | | defendant's appearance
before the court, unless for good | 13 | | cause shown the defendant or the State
seeks a | 14 | | continuance. A continuance on motion of the
defendant may | 15 | | not exceed 5 calendar days, and a continuance on the | 16 | | motion
of the State may not exceed 3 calendar days. The | 17 | | defendant may be held in
custody during such continuance.
| 18 | | (b) The court may deny bail to the defendant where, after | 19 | | the hearing, it
is determined that:
| 20 | | (1) the proof is evident or the presumption great that | 21 | | the defendant has
committed an offense for which a | 22 | | sentence of imprisonment, without
probation, periodic | 23 | | imprisonment or conditional discharge, must be imposed
by | 24 | | law as a consequence of conviction, and
| 25 | | (2) the defendant poses a real and present threat to | 26 | | the physical safety
of any person or persons, by conduct |
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| 1 | | which may include, but is not limited
to, a forcible | 2 | | felony, the obstruction of justice,
intimidation, injury, | 3 | | physical harm, an offense under the Illinois
Controlled | 4 | | Substances Act which is a Class X felony, or an offense | 5 | | under the Methamphetamine Control and Community Protection | 6 | | Act which is a Class X felony, and
| 7 | | (3) the court finds that no condition or combination | 8 | | of conditions set
forth in subsection (b) of Section | 9 | | 110-10 of this Article,
can reasonably assure the physical | 10 | | safety of any other person or persons.
| 11 | | (c) Conduct of the hearings.
| 12 | | (1) The hearing on the defendant's culpability and | 13 | | dangerousness shall be
conducted in accordance with the | 14 | | following provisions:
| 15 | | (A) Information used by the court in its findings | 16 | | or stated in or
offered at such hearing may be by way | 17 | | of proffer based upon reliable
information offered by | 18 | | the State or by defendant. Defendant has the right to
| 19 | | be represented by counsel, and if he is indigent, to | 20 | | have counsel appointed
for him. Defendant shall have | 21 | | the opportunity to testify, to present
witnesses in | 22 | | his own behalf, and to cross-examine witnesses if any | 23 | | are
called by the State. The defendant has the right to | 24 | | present witnesses in
his favor. When the ends of | 25 | | justice so require, the court may exercises
its | 26 | | discretion and compel the appearance of a complaining
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| 1 | | witness. The court shall state on the record reasons | 2 | | for granting a
defense request to compel the presence | 3 | | of a complaining witness.
Cross-examination of a | 4 | | complaining witness at the pretrial detention hearing
| 5 | | for the purpose of impeaching the witness' credibility | 6 | | is insufficient reason
to compel the presence of the | 7 | | witness. In deciding whether to compel the
appearance | 8 | | of a complaining witness, the court shall be | 9 | | considerate of the
emotional and physical well-being | 10 | | of the witness. The pre-trial detention
hearing is not | 11 | | to be used for purposes of discovery, and the post
| 12 | | arraignment rules of discovery do not apply. The State | 13 | | shall tender to the
defendant, prior to the hearing, | 14 | | copies of defendant's criminal history, if
any, if | 15 | | available, and any written or recorded statements and | 16 | | the substance
of any oral statements made by any | 17 | | person, if relied upon by the State in
its petition. | 18 | | The rules concerning the admissibility of evidence in
| 19 | | criminal trials do not apply to the presentation and | 20 | | consideration of
information at the hearing. At the | 21 | | trial concerning the offense for which
the hearing was | 22 | | conducted neither the finding of the court nor any
| 23 | | transcript or other record of the hearing shall be | 24 | | admissible in the
State's case in chief, but shall be | 25 | | admissible for impeachment, or as
provided in Section | 26 | | 115-10.1 of this Code, or in a perjury proceeding.
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| 1 | | (B) A motion by the defendant to suppress evidence | 2 | | or to suppress a
confession shall not be entertained. | 3 | | Evidence that proof may have been
obtained as the | 4 | | result of an unlawful search and seizure or through
| 5 | | improper interrogation is not relevant to this state | 6 | | of the prosecution.
| 7 | | (2) The facts relied upon by the court to support a | 8 | | finding that the
defendant poses a real and present threat | 9 | | to the physical safety of any
person or persons shall be | 10 | | supported by clear and convincing evidence
presented by | 11 | | the State.
| 12 | | (d) Factors to be considered in making a determination of | 13 | | dangerousness.
The court may, in determining whether the | 14 | | defendant poses a real and
present threat to the physical | 15 | | safety of any person or persons, consider but
shall not be | 16 | | limited to evidence or testimony concerning:
| 17 | | (1) The nature and circumstances of any offense | 18 | | charged, including
whether the offense is a crime of | 19 | | violence, involving a weapon.
| 20 | | (2) The history and characteristics of the defendant | 21 | | including:
| 22 | | (A) Any evidence of the defendant's prior criminal | 23 | | history indicative of
violent, abusive or assaultive | 24 | | behavior, or lack of such behavior. Such
evidence may | 25 | | include testimony or documents received in juvenile
| 26 | | proceedings, criminal, quasi-criminal, civil |
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| 1 | | commitment, domestic relations
or other proceedings.
| 2 | | (B) Any evidence of the defendant's psychological, | 3 | | psychiatric or other
similar social history which | 4 | | tends to indicate a violent, abusive, or
assaultive | 5 | | nature, or lack of any such history.
| 6 | | (3) The identity of any person or persons to whose | 7 | | safety the defendant
is believed to pose a threat, and the | 8 | | nature of the threat;
| 9 | | (4) Any statements made by, or attributed to the | 10 | | defendant, together with
the circumstances surrounding | 11 | | them;
| 12 | | (5) The age and physical condition of any person | 13 | | assaulted
by the defendant;
| 14 | | (6) Whether the defendant is known to possess or have | 15 | | access to any
weapon or weapons;
| 16 | | (7) Whether, at the time of the current offense or any | 17 | | other offense or
arrest, the defendant was on probation, | 18 | | parole, aftercare release, mandatory supervised
release or | 19 | | other release from custody pending trial, sentencing, | 20 | | appeal or
completion of sentence for an offense under | 21 | | federal or state law;
| 22 | | (8) Any other factors, including those listed in | 23 | | Section 110-5 of this
Article deemed by the court to have a | 24 | | reasonable bearing upon the
defendant's propensity or | 25 | | reputation for violent, abusive or assaultive
behavior, or | 26 | | lack of such behavior.
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| 1 | | (e) Detention order. The court shall, in any order for | 2 | | detention:
| 3 | | (1) briefly summarize the evidence of the defendant's | 4 | | culpability and its
reasons for concluding that the | 5 | | defendant should be held without bail;
| 6 | | (2) direct that the defendant be committed to the | 7 | | custody of the sheriff
for confinement in the county jail | 8 | | pending trial;
| 9 | | (3) direct that the defendant be given a reasonable | 10 | | opportunity for
private consultation with counsel, and for | 11 | | communication with others of his
choice by visitation, | 12 | | mail and telephone; and
| 13 | | (4) direct that the sheriff deliver the defendant as | 14 | | required for
appearances in connection with court | 15 | | proceedings.
| 16 | | (f) If the court enters an order for the detention of the | 17 | | defendant
pursuant to subsection (e) of this Section, the | 18 | | defendant
shall be brought to trial on the offense for which he | 19 | | is
detained within 90 days after the date on which the order | 20 | | for detention was
entered. If the defendant is not brought to | 21 | | trial within the 90 day period
required by the preceding | 22 | | sentence, he shall not be held longer without
bail. In | 23 | | computing the 90 day period, the court shall omit any period of
| 24 | | delay resulting from a continuance granted at the request of | 25 | | the defendant.
| 26 | | (g) Rights of the defendant. Any person shall be entitled |
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| 1 | | to appeal any
order entered under this Section denying bail to | 2 | | the defendant.
| 3 | | (h) The State may appeal any order entered under this | 4 | | Section denying any
motion for denial of bail.
| 5 | | (i) Nothing in this Section shall be construed as | 6 | | modifying or limiting
in any way the defendant's presumption | 7 | | of innocence in further criminal
proceedings.
| 8 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 9 | | (Text of Section after amendment by P.A. 101-652 )
| 10 | | Sec. 110-6.1. Denial of pretrial release.
| 11 | | (a) Upon verified petition by the State, the court shall | 12 | | hold a hearing and may deny a defendant pretrial release only | 13 | | if: | 14 | | (1) the defendant is charged with
a forcible felony | 15 | | offense for which a sentence of imprisonment, without | 16 | | probation,
periodic imprisonment or conditional discharge, | 17 | | is required by law upon
conviction, and it is alleged that | 18 | | the defendant's pretrial release poses a specific, real | 19 | | and present threat to any person or the community.;
| 20 | | (2) the defendant is charged with stalking or | 21 | | aggravated stalking and it is alleged that the defendant's | 22 | | pre-trial release poses a real and present threat to the | 23 | | physical safety of a victim of the alleged offense, and | 24 | | denial of release is necessary to prevent fulfillment of | 25 | | the threat upon which the charge is based; |
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| 1 | | (3) the victim of abuse was a family or household | 2 | | member as defined by paragraph (6) of Section 103 of the | 3 | | Illinois Domestic Violence Act of 1986, and the person | 4 | | charged, at the time of the alleged offense, was subject | 5 | | to the terms of an order of protection issued under | 6 | | Section 112A-14 of this Code, or Section 214 of the | 7 | | Illinois Domestic Violence Act of 1986 or previously was | 8 | | convicted of a violation of an order of protection under | 9 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012 or a violent crime if the victim was | 11 | | a family or household member as defined by paragraph (6) | 12 | | of the Illinois Domestic Violence Act of 1986 at the time | 13 | | of the offense or a violation of a substantially similar | 14 | | municipal ordinance or law of this or any other state or | 15 | | the United States if the victim was a family or household | 16 | | member as defined by paragraph (6) of Section 103 of the | 17 | | Illinois Domestic Violence Act of 1986 at the time of the | 18 | | offense, and it is alleged that the defendant's pre-trial | 19 | | release poses a real and present threat to the physical | 20 | | safety of any person or persons; | 21 | | (4) the defendant is charged with domestic battery or | 22 | | aggravated domestic battery under Section 12-3.2 or 12-3.3 | 23 | | of the Criminal Code of 2012 and it is alleged that the | 24 | | defendant's pretrial release poses a real and present | 25 | | threat to the physical safety of any person or persons; | 26 | | (5) the defendant is charged with any offense under |
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| 1 | | Article 11 of the Criminal Code of 2012, except for | 2 | | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | 3 | | Code of 2012, or similar provisions of the Criminal Code | 4 | | of 1961 and it is alleged that the defendant's pretrial | 5 | | release poses a real and present threat to the physical | 6 | | safety of any person or persons; | 7 | | (6) the defendant is charged with any of these | 8 | | violations under the Criminal Code of 2012 and it is | 9 | | alleged that the defendant's pretrial releases poses a | 10 | | real and present threat to the physical safety of any | 11 | | specifically identifiable person or persons. | 12 | | (A) Section 24-1.2 (aggravated discharge of a | 13 | | firearm); | 14 | | (B) Section 24-2.5 (aggravated discharge of a | 15 | | machine gun or a firearm equipped with a device | 16 | | designed or use for silencing the report of a | 17 | | firearm ); | 18 | | (C) Section 24-1.5 (reckless discharge of a | 19 | | firearm); | 20 | | (D) Section 24-1.7 (armed habitual criminal); | 21 | | (E) Section 24-2.2 2 (manufacture, sale or | 22 | | transfer of bullets or shells represented to be armor | 23 | | piercing bullets, dragon's breath shotgun shells, bolo | 24 | | shells or flechette shells); | 25 | | (F) Section 24-3 (unlawful sale or delivery of | 26 | | firearms); |
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| 1 | | (G) Section 24-3.3 (unlawful sale or delivery of | 2 | | firearms on the premises of any school); | 3 | | (H) Section 24-34 (unlawful sale of firearms by | 4 | | liquor license); | 5 | | (I) Section 24-3.5 {unlawful purchase of a | 6 | | firearm); | 7 | | (J) Section 24-3A (gunrunning); or | 8 | | (K) Section on 24-3B (firearms trafficking ); | 9 | | (L) Section 10-9 (b) (involuntary servitude); | 10 | | (M) Section 10-9 (c) (involuntary sexual servitude | 11 | | of a minor); | 12 | | (N) Section 10-9(d) (trafficking in persons); | 13 | | (O) Non-probationable violations: (i) (unlawful | 14 | | use or possession of weapons by felons or persons in | 15 | | the Custody of the Department of Corrections | 16 | | facilities (Section 24-1.1), (ii) aggravated unlawful | 17 | | use of a weapon (Section 24-1.6, or (iii) aggravated | 18 | | possession of a stolen firearm (Section 24-3.9); | 19 | | (7) the person has a high likelihood of willful flight | 20 | | to avoid prosecution and is charged with: | 21 | | (A) Any felony described in Sections (a)(1) | 22 | | through (a)(5) of this Section; or | 23 | | (B) A felony offense other than a Class 4 offense. | 24 | | (b) If the charged offense is a felony, the Court shall | 25 | | hold a hearing pursuant to 109-3 of this Code to determine | 26 | | whether there is probable cause the defendant has committed an |
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| 1 | | offense, unless a grand jury has returned a true bill of | 2 | | indictment against the defendant. If there is a finding of no | 3 | | probable cause, the defendant shall be released. No such | 4 | | finding is necessary if the defendant is charged with a | 5 | | misdemeanor. | 6 | | (c) Timing of petition. | 7 | | (1) A petition may be filed without prior notice to | 8 | | the defendant at the
first appearance before a judge, or | 9 | | within the 21 calendar days, except as
provided in Section | 10 | | 110-6, after arrest and release of the defendant upon
| 11 | | reasonable notice to defendant; provided that while such | 12 | | petition is
pending before the court, the defendant if | 13 | | previously released shall not be
detained.
| 14 | | (2) (2) Upon filing, the court shall immediately hold | 15 | | a hearing on the petition unless a continuance is | 16 | | requested. If a continuance is requested, the hearing | 17 | | shall be held within 48 hours of the defendant's first | 18 | | appearance if the defendant is charged with a Class X, | 19 | | Class 1, Class 2, or Class 3 felony, and within 24 hours if | 20 | | the defendant is charged with a Class 4 or misdemeanor | 21 | | offense. The Court may deny and or grant the request for | 22 | | continuance. If the court decides to grant the | 23 | | continuance, the Court retains the discretion to detain or | 24 | | release the defendant in the time between the filing of | 25 | | the petition and the hearing. | 26 | | (d) Contents of petition. |
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| 1 | | (1) The petition shall be verified by the State and | 2 | | shall state the grounds upon which it contends the | 3 | | defendant should be denied pretrial release, including the | 4 | | identity of the specific person or persons the State | 5 | | believes the defendant poses a danger to. | 6 | | (2) Only one petition may be filed under this Section. | 7 | | (e) Eligibility: All defendants shall be presumed eligible | 8 | | for pretrial release, and the State shall bear the burden of | 9 | | proving by clear and convincing evidence that:
| 10 | | (1) the proof is evident or the presumption great that | 11 | | the defendant has
committed an offense listed in | 12 | | paragraphs (1) through (6) of subsection (a), and
| 13 | | (2) the defendant poses a real and present threat to | 14 | | the safety
of a specific, identifiable person or persons, | 15 | | by conduct which may include, but is not limited
to, a | 16 | | forcible felony, the obstruction of justice,
intimidation, | 17 | | injury, or abuse as defined by paragraph (1) of Section | 18 | | 103 of the Illinois Domestic Violence Act of 1986, and
| 19 | | (3) no condition or combination of conditions set
| 20 | | forth in subsection (b) of Section 110-10 of this Article | 21 | | can mitigate the real and present threat to the safety of | 22 | | any person or persons or the defendant's willful flight.
| 23 | | (f) Conduct of the hearings.
| 24 | | (1) Prior
to the hearing the State shall tender to the | 25 | | defendant copies of
defendant's criminal history | 26 | | available, any written or
recorded statements, and the |
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| 1 | | substance of any oral statements made by
any person, if | 2 | | relied upon by the State in its petition, and any police
| 3 | | reports in the State's Attorney's possession at the time | 4 | | of the hearing
that are required to be disclosed to the | 5 | | defense under Illinois Supreme
Court rules.
| 6 | | (2) The State or defendant may present evidence at the | 7 | | hearing by way of proffer based upon reliable
information. | 8 | | (3) The defendant has the right to
be represented by | 9 | | counsel, and if he or she is indigent, to have counsel | 10 | | appointed
for him or her. The defendant shall have the | 11 | | opportunity to testify, to present
witnesses on his or her | 12 | | own behalf, and to cross-examine any witnesses that are
| 13 | | called by the State. | 14 | | (4) If the defense seeks to call the complaining | 15 | | witness as a witness in its favor, it shall petition the | 16 | | court for permission. When the ends of justice so require, | 17 | | the court may exercise
its discretion and compel the | 18 | | appearance of a complaining
witness. The court shall state | 19 | | on the record reasons for granting a
defense request to | 20 | | compel the presence of a complaining witness. In making a | 21 | | determination under this section, the court shall state on | 22 | | the record the reason for granting a defense request to | 23 | | compel the presence of a complaining witness, and only | 24 | | grant the request if the court finds by clear and | 25 | | convincing evidence that the defendant will be materially | 26 | | prejudiced if the complaining witness does not appear.
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| 1 | | Cross-examination of a complaining witness at the pretrial | 2 | | detention hearing
for the purpose of impeaching the | 3 | | witness' credibility is insufficient reason
to compel the | 4 | | presence of the witness. In deciding whether to compel the
| 5 | | appearance of a complaining witness, the court shall be | 6 | | considerate of the
emotional and physical well-being of | 7 | | the witness. The pre-trial detention
hearing is not to be | 8 | | used for purposes of discovery, and the post
arraignment | 9 | | rules of discovery do not apply. | 10 | | (5) The rules concerning the admissibility of evidence | 11 | | in
criminal trials do not apply to the presentation and | 12 | | consideration of
information at the hearing. At the trial | 13 | | concerning the offense for which
the hearing was conducted | 14 | | neither the finding of the court nor any
transcript or | 15 | | other record of the hearing shall be admissible in the
| 16 | | State's case in chief, but shall be admissible for | 17 | | impeachment, or as
provided in Section 115-10.1 of this | 18 | | Code, or in a perjury proceeding.
| 19 | | (6) The defendant may not move to suppress evidence or | 20 | | a
confession, however, evidence that proof of the charged | 21 | | crime may have been
the result of an unlawful search or | 22 | | seizure, or both, or through
improper interrogation, is | 23 | | relevant in assessing the weight of the evidence against | 24 | | the defendant. | 25 | | (7) Decisions regarding release, conditions of release | 26 | | and detention prior trial should be individualized, and no |
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| 1 | | single factor or standard should be used exclusively to | 2 | | make a condition or detention decision.
| 3 | | (g) Factors to be considered in making a determination of | 4 | | dangerousness.
The court may, in determining whether the | 5 | | defendant poses a specific, imminent threat of serious | 6 | | physical harm to an identifiable person or persons, consider | 7 | | but
shall not be limited to evidence or testimony concerning:
| 8 | | (1) The nature and circumstances of any offense | 9 | | charged, including
whether the offense is a crime of | 10 | | violence, involving a weapon, or a sex offense.
| 11 | | (2) The history and characteristics of the defendant | 12 | | including:
| 13 | | (A) Any evidence of the defendant's prior criminal | 14 | | history indicative of
violent, abusive or assaultive | 15 | | behavior, or lack of such behavior. Such
evidence may | 16 | | include testimony or documents received in juvenile
| 17 | | proceedings, criminal, quasi-criminal, civil | 18 | | commitment, domestic relations
or other proceedings.
| 19 | | (B) Any evidence of the defendant's psychological, | 20 | | psychiatric or other
similar social history which | 21 | | tends to indicate a violent, abusive, or
assaultive | 22 | | nature, or lack of any such history.
| 23 | | (3) The identity of any person or persons to whose | 24 | | safety the defendant
is believed to pose a threat, and the | 25 | | nature of the threat;
| 26 | | (4) Any statements made by, or attributed to the |
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| 1 | | defendant, together with
the circumstances surrounding | 2 | | them;
| 3 | | (5) The age and physical condition of the defendant;
| 4 | | (6) The age and physical condition of any victim or | 5 | | complaining witness; | 6 | | (7) Whether the defendant is known to possess or have | 7 | | access to any
weapon or weapons;
| 8 | | (8) Whether, at the time of the current offense or any | 9 | | other offense or
arrest, the defendant was on probation, | 10 | | parole, aftercare release, mandatory supervised
release or | 11 | | other release from custody pending trial, sentencing, | 12 | | appeal or
completion of sentence for an offense under | 13 | | federal or state law;
| 14 | | (9) Any other factors, including those listed in | 15 | | Section 110-5 of this
Article deemed by the court to have a | 16 | | reasonable bearing upon the
defendant's propensity or | 17 | | reputation for violent, abusive or assaultive
behavior, or | 18 | | lack of such behavior.
| 19 | | (h) Detention order. The court shall, in any order for | 20 | | detention:
| 21 | | (1) briefly summarize the evidence of the defendant's | 22 | | guilt or innocence, and the court's
reasons for concluding | 23 | | that the defendant should be denied pretrial release;
| 24 | | (2) direct that the defendant be committed to the | 25 | | custody of the sheriff
for confinement in the county jail | 26 | | pending trial;
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| 1 | | (3) direct that the defendant be given a reasonable | 2 | | opportunity for
private consultation with counsel, and for | 3 | | communication with others of his
or her choice by | 4 | | visitation, mail and telephone; and
| 5 | | (4) direct that the sheriff deliver the defendant as | 6 | | required for
appearances in connection with court | 7 | | proceedings.
| 8 | | (i) Detention. If the court enters an order for the | 9 | | detention of the defendant
pursuant to subsection (e) of this | 10 | | Section, the defendant
shall be brought to trial on the | 11 | | offense for which he is
detained within 90 days after the date | 12 | | on which the order for detention was
entered. If the defendant | 13 | | is not brought to trial within the 90 day period
required by | 14 | | the preceding sentence, he shall not be denied pretrial | 15 | | release. In computing the 90 day period, the court shall omit | 16 | | any period of
delay resulting from a continuance granted at | 17 | | the request of the defendant.
| 18 | | (j) Rights of the defendant. Any person shall be entitled | 19 | | to appeal any
order entered under this Section denying | 20 | | pretrial release to the defendant.
| 21 | | (k) Appeal. The State may appeal any order entered under | 22 | | this Section denying any
motion for denial of pretrial | 23 | | release.
| 24 | | (l) Presumption of innocence. Nothing in this Section | 25 | | shall be construed as modifying or limiting
in any way the | 26 | | defendant's presumption of innocence in further criminal
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| 1 | | proceedings. | 2 | | (m) Victim notice. | 3 | | (1) Crime victims shall be given notice by the State's | 4 | | Attorney's office of this hearing as required in paragraph | 5 | | (1) of subsection (b) of Section 4.5 of the Rights of Crime | 6 | | Victims and Witnesses Act and shall be informed of their | 7 | | opportunity at this hearing to obtain an order of | 8 | | protection under Article 112A of this Code.
| 9 | | (Source: P.A. 101-652, eff. 1-1-23.)
| 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.
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