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90_SB1322
720 ILCS 5/24-2 from Ch. 38, par. 24-2
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
Amends provisions of the Criminal Code of 1961 exempting
wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense from
certain provisions prohibiting the carrying of certain
weapons. Includes in the exemption lieutenants, correctional
officers, captains, and sergeants of the Department of
Corrections. Deletes provision restricting the exemption to
the carrying and possessing of those weapons in the
performance of the persons' official duties or while
commuting between their homes and places of employment. Also
exempts these officers of the Department of Corrections from
criminal liability for unauthorized bringing of contraband
into a penal institution by an employee if the officer is
permitted by law to possess a firearm, has successfully
completed an approved firearms training course, and the
firearm is secured and stored so that no other person could
gain access or control of the weapon while the firearm is on
the grounds of a penal institution.
LRB9007382RCksA
LRB9007382RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 24-2 and 31A-1.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 24-2 and 31A-1.2 as follows:
7 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
8 Sec. 24-2. Exemptions.
9 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
10 do not apply to or affect any of the following:
11 (1) Peace officers, and any person summoned by a
12 peace officer to assist in making arrests or preserving
13 the peace, while actually engaged in assisting such
14 officer.
15 (2) Wardens, superintendents, lieutenants,
16 correctional officers, captains, and sergeants of the
17 Department of Corrections and keepers of prisons,
18 penitentiaries, jails and other institutions for the
19 detention of persons accused or convicted of an offense,
20 while in the performance of their official duty, or while
21 commuting between their homes and places of employment.
22 (3) Members of the Armed Services or Reserve Forces
23 of the United States or the Illinois National Guard or
24 the Reserve Officers Training Corps, while in the
25 performance of their official duty.
26 (4) Special agents employed by a railroad or a
27 public utility to perform police functions, and guards of
28 armored car companies, while actually engaged in the
29 performance of the duties of their employment or
30 commuting between their homes and places of employment;
31 and watchmen while actually engaged in the performance of
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1 the duties of their employment.
2 (5) Persons licensed as private security
3 contractors, private detectives, or private alarm
4 contractors, or employed by an agency certified by the
5 Department of Professional Regulation, if their duties
6 include the carrying of a weapon under the provisions of
7 the Private Detective, Private Alarm, and Private
8 Security Act of 1983, while actually engaged in the
9 performance of the duties of their employment or
10 commuting between their homes and places of employment,
11 provided that such commuting is accomplished within one
12 hour from departure from home or place of employment, as
13 the case may be. Persons exempted under this subdivision
14 (a)(5) shall be required to have completed a course of
15 study in firearms handling and training approved and
16 supervised by the Department of Professional Regulation
17 as prescribed by Section 28 of the Private Detective,
18 Private Alarm, and Private Security Act of 1983, prior to
19 becoming eligible for this exemption. The Department of
20 Professional Regulation shall provide suitable
21 documentation demonstrating the successful completion of
22 the prescribed firearms training. Such documentation
23 shall be carried at all times when such persons are in
24 possession of a concealable weapon.
25 (6) Any person regularly employed in a commercial
26 or industrial operation as a security guard for the
27 protection of persons employed and private property
28 related to such commercial or industrial operation, while
29 actually engaged in the performance of his or her duty or
30 traveling between sites or properties belonging to the
31 employer, and who, as a security guard, is a member of a
32 security force of at least 5 persons registered with the
33 Department of Professional Regulation; provided that such
34 security guard has successfully completed a course of
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1 study, approved by and supervised by the Department of
2 Professional Regulation, consisting of not less than 40
3 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
7 hours of training for a security officer and 20 hours of
8 required firearm training, and has been issued a firearm
9 authorization card by the Department of Professional
10 Regulation. Conditions for the renewal of firearm
11 authorization 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 and Private Security Act of 1983. Such firearm
15 authorization card shall be carried by the security guard
16 at all times when he or she is in possession of a
17 concealable weapon.
18 (7) Agents and investigators of the Illinois
19 Legislative Investigating Commission authorized by the
20 Commission to carry the weapons specified in subsections
21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22 any investigation for the Commission.
23 (8) Persons employed by a financial institution for
24 the protection of other employees and property related to
25 such financial institution, while actually engaged in the
26 performance of their duties, commuting between their
27 homes and places of employment, or traveling between
28 sites or properties owned or operated by such financial
29 institution, provided that any person so employed has
30 successfully completed a course of study, approved by and
31 supervised by the Department of Professional Regulation,
32 consisting of not less than 40 hours of training which
33 includes theory of law enforcement, liability for acts,
34 and the handling of weapons. A person shall be considered
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1 to be eligible for this exemption if he or she has
2 completed the required 20 hours of training for a
3 security officer and 20 hours of required firearm
4 training, and has been issued a firearm authorization
5 card by the Department of Professional Regulation.
6 Conditions for renewal of firearm authorization cards
7 issued under the provisions of this Section shall be the
8 same as for those issued under the provisions of the
9 Private Detective, Private Alarm and Private Security Act
10 of 1983. Such firearm authorization card shall be
11 carried by the person so trained at all times when such
12 person is in possession of a concealable weapon. For
13 purposes of this subsection, "financial institution"
14 means a bank, savings and loan association, credit union
15 or company providing armored car services.
16 (9) Any person employed by an armored car company
17 to drive an armored car, while actually engaged in the
18 performance of his duties.
19 (10) Persons who have been classified as peace
20 officers pursuant to the Peace Officer Fire Investigation
21 Act.
22 (11) Investigators of the Office of the State's
23 Attorneys Appellate Prosecutor authorized by the board of
24 governors of the Office of the State's Attorneys
25 Appellate Prosecutor to carry weapons pursuant to Section
26 7.06 of the State's Attorneys Appellate Prosecutor's Act.
27 (12) Special investigators appointed by a State's
28 Attorney under Section 3-9005 of the Counties Code.
29 (13) Court Security Officers while in the
30 performance of their official duties, or while commuting
31 between their homes and places of employment, with the
32 consent of the Sheriff.
33 (14) Manufacture, transportation, or sale of
34 weapons to persons authorized under subdivisions (1)
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1 through (13) of this subsection to possess those weapons.
2 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
3 to or affect any of the following:
4 (1) Members of any club or organization organized
5 for the purpose of practicing shooting at targets upon
6 established target ranges, whether public or private, and
7 patrons of such ranges, while such members or patrons are
8 using their firearms on those target ranges.
9 (2) Duly authorized military or civil organizations
10 while parading, with the special permission of the
11 Governor.
12 (3) Licensed hunters, trappers or fishermen while
13 engaged in hunting, trapping or fishing.
14 (4) Transportation of weapons that are broken down
15 in a non-functioning state or are not immediately
16 accessible.
17 (c) Subsection 24-1(a)(7) does not apply to or affect
18 any of the following:
19 (1) Peace officers while in performance of their
20 official duties.
21 (2) Wardens, superintendents and keepers of
22 prisons, penitentiaries, jails and other institutions for
23 the detention of persons accused or convicted of an
24 offense.
25 (3) Members of the Armed Services or Reserve Forces
26 of the United States or the Illinois National Guard,
27 while in the performance of their official duty.
28 (4) Manufacture, transportation, or sale of machine
29 guns to persons authorized under subdivisions (1) through
30 (3) of this subsection to possess machine guns, if the
31 machine guns are broken down in a non-functioning state
32 or are not immediately accessible.
33 (5) Persons licensed under federal law to
34 manufacture any weapon from which 8 or more shots or
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1 bullets can be discharged by a single function of the
2 firing device, or ammunition for such weapons, and
3 actually engaged in the business of manufacturing such
4 weapons or ammunition, but only with respect to
5 activities which are within the lawful scope of such
6 business, such as the manufacture, transportation, or
7 testing of such weapons or ammunition. This exemption
8 does not authorize the general private possession of any
9 weapon from which 8 or more shots or bullets can be
10 discharged by a single function of the firing device, but
11 only such possession and activities as are within the
12 lawful scope of a licensed manufacturing business
13 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
27 such activities are necessary and incident to fulfilling
28 the terms of such contract.
29 The exemption granted under this subdivision (c)(6)
30 shall also apply to any authorized agent of any such
31 contractor or subcontractor who is operating within the
32 scope of his employment, where such activities involving
33 such weapon, weapons or ammunition are necessary and
34 incident to fulfilling the terms of such contract.
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1 During transportation, any such weapon shall be
2 broken down in a non-functioning state, or not
3 immediately accessible.
4 (d) Subsection 24-1(a)(1) does not apply to the
5 purchase, possession or carrying of a black-jack or
6 slung-shot by a peace officer.
7 (e) Subsection 24-1(a)(8) does not apply to any owner,
8 manager or authorized employee of any place specified in that
9 subsection nor to any law enforcement officer.
10 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
11 not apply to members of any club or organization organized
12 for the purpose of practicing shooting at targets upon
13 established target ranges, whether public or private, while
14 using their firearms on those target ranges.
15 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
16 apply to:
17 (1) Members of the Armed Services or Reserve Forces
18 of the United States or the Illinois National Guard,
19 while in the performance of their official duty.
20 (2) Bonafide collectors of antique or surplus
21 military ordinance.
22 (3) Laboratories having a department of forensic
23 ballistics, or specializing in the development of
24 ammunition or explosive ordinance.
25 (4) Commerce, preparation, assembly or possession
26 of explosive bullets by manufacturers of ammunition
27 licensed by the federal government, in connection with
28 the supply of those organizations and persons exempted by
29 subdivision (g)(1) of this Section, or like organizations
30 and persons outside this State, or the transportation of
31 explosive bullets to any organization or person exempted
32 in this Section by a common carrier or by a vehicle owned
33 or leased by an exempted manufacturer.
34 (h) An information or indictment based upon a violation
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1 of any subsection of this Article need not negative any
2 exemptions contained in this Article. The defendant shall
3 have the burden of proving such an exemption.
4 (i) Nothing in this Article shall prohibit, apply to, or
5 affect the transportation, carrying, or possession, of any
6 pistol or revolver, stun gun, taser, or other firearm
7 consigned to a common carrier operating under license of the
8 State of Illinois or the federal government, where such
9 transportation, carrying, or possession is incident to the
10 lawful transportation in which such common carrier is
11 engaged; and nothing in this Article shall prohibit, apply
12 to, or affect the transportation, carrying, or possession of
13 any pistol, revolver, stun gun, taser, or other firearm, not
14 the subject of and regulated by subsection 24-1(a)(7) or
15 subsection 24-2(c) of this Article, which is unloaded and
16 enclosed in a case, firearm carrying box, shipping box, or
17 other container, by the possessor of a valid Firearm Owners
18 Identification Card.
19 (Source: P.A. 89-685, eff. 6-1-97.)
20 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
21 Sec. 31A-1.2. Unauthorized bringing of contraband into a
22 penal institution by an employee; unauthorized possessing of
23 contraband in a penal institution by an employee;
24 unauthorized delivery of contraband in a penal institution by
25 an employee.
26 (a) A person commits the offense of unauthorized
27 bringing of contraband into a penal institution by an
28 employee when a person who is an employee knowingly and
29 without authority or any person designated or authorized to
30 grant such authority:
31 (1) brings or attempts to bring an item of
32 contraband listed in paragraphs (i) through (iv) of
33 subsection (d)(4) into a penal institution, or
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1 (2) causes or permits another to bring an item of
2 contraband listed in paragraphs (i) through (iv) of
3 subsection (d)(4) into a penal institution.
4 (b) A person commits the offense of unauthorized
5 possession of contraband in a penal institution by an
6 employee when a person who is an employee knowingly and
7 without authority of any person designated or authorized to
8 grant such authority possesses contraband listed in
9 paragraphs (i) through (iv) of subsection (d)(4) in a penal
10 institution, regardless of the intent with which he possesses
11 it.
12 (c) A person commits the offense of unauthorized
13 delivery of contraband in a penal institution by an employee
14 when a person who is an employee knowingly and without
15 authority of any person designated or authorized to grant
16 such authority:
17 (1) delivers or possesses with intent to deliver an
18 item of contraband to any inmate of a penal institution,
19 or
20 (2) conspires to deliver or solicits the delivery
21 of an item of contraband to any inmate of a penal
22 institution, or
23 (3) causes or permits the delivery of an item of
24 contraband to any inmate of a penal institution, or
25 (4) permits another person to attempt to deliver an
26 item of contraband to any inmate of a penal institution.
27 (d) For purpose of this Section, the words and phrases
28 listed below shall be defined as follows:
29 (1) "Penal Institution" shall have the meaning
30 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
31 this Code;
32 (2) "Employee" means any elected or appointed
33 officer, trustee or employee of a penal institution or of
34 the governing authority of the penal institution, or any
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1 person who performs services for the penal institution
2 pursuant to contract with the penal institution or its
3 governing authority.
4 (3) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of an
6 item of contraband, with or without consideration,
7 whether or not there is an agency relationship;
8 (4) "Item of contraband" means any of the
9 following:
10 (i) "Alcoholic liquor" as such term is defined
11 in Section 1-3.05 of the Liquor Control Act of 1934.
12 (ii) "Cannabis" as such term is defined in
13 subsection (a) 9a) of Section 3 of the Cannabis
14 Control Act.
15 (iii) "Controlled substance" as such term is
16 defined in the Illinois Controlled Substance Act.
17 (iv) "Hypodermic syringe" or hypodermic
18 needle, or any instrument adapted for use of
19 controlled substances or cannabis by subcutaneous
20 injection.
21 (v) "Weapon" means any knife, dagger, dirk,
22 billy, razor, stiletto, broken bottle, or other
23 piece of glass which could be used as a dangerous
24 weapon. Such term includes any of the devices or
25 implements designated in subsections (a)(1), (a)(3)
26 and (a)(6) of Section 24-1 of this Act, or any other
27 dangerous weapon or instrument of like character.
28 (vi) "Firearm" means any device, by whatever
29 name known, which is designed to expel a projectile
30 or projectiles by the action of an explosion,
31 expansion of gas or escape of gas, including but not
32 limited to:
33 (A) any pneumatic gun, spring gun, or B-B
34 gun which expels a single globular projectile
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1 not exceeding .18 inch in diameter; or
2 (B) any device used exclusively for
3 signaling or safety and required or recommended
4 by the United States Coast Guard or the
5 Interstate Commerce Commission; or
6 (C) any device used exclusively for the
7 firing of stud cartridges, explosive rivets or
8 industrial ammunition; or
9 (D) any device which is powered by
10 electrical charging units, such as batteries,
11 and which fires one or several barbs attached
12 to a length of wire and which, upon hitting a
13 human, can send out current capable of
14 disrupting the person's nervous system in such
15 a manner as to render him incapable of normal
16 functioning, commonly referred to as a stun gun
17 or taser.
18 (vii) "Firearm ammunition" means any
19 self-contained cartridge or shotgun shell, by
20 whatever name known, which is designed to be used or
21 adaptable to use in a firearm, including but not
22 limited to:
23 (A) any ammunition exclusively designed
24 for use with a device used exclusively for
25 signaling or safety and required or recommended
26 by the United States Coast Guard or the
27 Interstate Commerce Commission; or
28 (B) any ammunition designed exclusively
29 for use with a stud or rivet driver or other
30 similar industrial ammunition.
31 (viii) "Explosive" means, but is not limited
32 to, bomb, bombshell, grenade, bottle or other
33 container containing an explosive substance of over
34 one-quarter ounce for like purposes such as black
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1 powder bombs and Molotov cocktails or artillery
2 projectiles.
3 (ix) "Tool to defeat security mechanisms"
4 means, but is not limited to, handcuff or security
5 restraint key, tool designed to pick locks, or
6 device or instrument capable of unlocking handcuff
7 or security restraints, doors to cells, rooms, gates
8 or other areas of the penal institution.
9 (x) "Cutting tool" means, but is not limited
10 to, hacksaw blade, wirecutter, or device, instrument
11 or file capable of cutting through metal.
12 (xi) "Electronic contraband" means, but is not
13 limited to, any electronic, video recording device,
14 computer, or cellular communications equipment,
15 including, but not limited to, cellular telephones,
16 cellular telephone batteries, videotape recorders,
17 pagers, computers, and computer peripheral
18 equipment.
19 (e) A violation of paragraphs (a) or (b) of this Section
20 involving alcohol is a Class 4 felony. A violation of
21 paragraph (a) or (b) of this Section involving cannabis is a
22 Class 2 felony. A violation of paragraph (a) or (b)
23 involving any amount of a controlled substance classified in
24 Schedules III, IV or V of Article II of the Controlled
25 Substances Act is a Class 1 felony. A violation of paragraph
26 (a) or (b) of this Section involving any amount of a
27 controlled substance classified in Schedules I or II of
28 Article II of the Controlled Substances Act is a Class X
29 felony. A violation of paragraph (a) or (b) involving an
30 item of contraband listed in paragraph (iv) of subsection
31 (d)(4) is a Class X felony. A violation of paragraph (a) or
32 (b) involving an item of contraband listed in paragraph (v)
33 or (xi) of subsection (d)(4) is a Class 1 felony. A
34 violation of paragraph (a) or (b) involving an item of
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1 contraband listed in paragraphs (vi), (vii) or (viii) of
2 subsection (d)(4) is a Class X felony.
3 (f) A violation of paragraph (c) of this Section
4 involving alcoholic liquor is a Class 3 felony. A violation
5 of paragraph (c) involving cannabis is a Class 1 felony. A
6 violation of paragraph (c) involving any amount of a
7 controlled substance classified in Schedules III, IV or V of
8 Article II of the Controlled Substances Act is a Class X
9 felony. A violation of paragraph (c) involving any amount of
10 a controlled substance classified in Schedules I or II of
11 Article II of the Controlled Substances Act is a Class X
12 felony for which the minimum term of imprisonment shall be 8
13 years. A violation of paragraph (c) involving an item of
14 contraband listed in paragraph (iv) of subsection (d)(4) is a
15 Class X felony for which the minimum term of imprisonment
16 shall be 8 years. A violation of paragraph (c) involving an
17 item of contraband listed in paragraph (v), (ix) or (x) of
18 subsection (d)(4) is a Class X felony for which the minimum
19 term of imprisonment shall be 10 years. A violation of
20 paragraph (c) involving an item of contraband listed in
21 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
22 Class X felony for which the minimum term of imprisonment
23 shall be 12 years.
24 (g) Items confiscated may be retained for use by the
25 Department of Corrections or disposed of as deemed
26 appropriate by the Chief Administrative Officer in accordance
27 with Department rules or disposed of as required by law.
28 (h) This Section does not apply to any correctional
29 officer, lieutenant, captain, or sergeant employed by the
30 Department of Corrections who possesses a firearm under
31 Section 24-2 of this Code as long as:
32 (1) the employee is otherwise permitted by law to
33 possess a firearm;
34 (2) the employee has successfully completed the
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1 basic firearms training course approved by the Illinois
2 Law Enforcement Training Standards Board or an approved
3 course which is substantially similar to that course; and
4 (3) the firearm is stored and secured in such a
5 manner that no other person could gain access to or
6 control of the weapon while the firearm is on the grounds
7 of the penal institution.
8 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97;
9 revised 3-31-97.)