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1 | MOTION
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2 | I move to accept the specific recommendations of the | ||||||
3 | Governor
as to House Bill 1468 in manner and form as follows: | ||||||
4 | AMENDMENT TO HOUSE BILL 1468 | ||||||
5 | IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS | ||||||
6 | Amend House Bill 1468 on page 1, immediately below line 3, | ||||||
7 | by inserting the following: | ||||||
8 | "Article 1. Gun Violence Restraining Order Act.
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9 | Section 1-1. Short title. This Article may be cited as the | ||||||
10 | Gun Violence Restraining Order Act, and references in this | ||||||
11 | Article to "this Act" mean this Article. | ||||||
12 | Section 1-5. Legislative findings.
The General Assembly | ||||||
13 | finds as a matter of legislative determination that to protect | ||||||
14 | the safety and welfare of the public it is necessary to provide | ||||||
15 | a system of identifying and disarming persons who pose a danger | ||||||
16 | of imminent personal injury to themselves or others.
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17 | Section 1-10. Definitions.
In this Act:
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18 | "Danger" means reasonably likely to cause death or serious | ||||||
19 | bodily injury. | ||||||
20 | "Firearm" has the same meaning ascribed to the term in | ||||||
21 | Section 1.1 of the Firearm Owners Identification Card Act.
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1 | "Firearm ammunition" has the same meaning ascribed to the | ||||||
2 | term in Section 1.1 of the Firearm Owners Identification Card | ||||||
3 | Act.
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4 | "Immediate family member" means a spouse, child, sibling, | ||||||
5 | parent, grandparent, or grandchild, and includes a | ||||||
6 | step-parent, step-child, step-sibling, or adoptive or foster | ||||||
7 | relationship, or any other person who regularly resides in the | ||||||
8 | same household.
| ||||||
9 | Section 1-15. Emergency gun violence restraining order.
| ||||||
10 | (a) Upon written complaint for an emergency gun violence | ||||||
11 | restraining order filed by a State's Attorney, assistant | ||||||
12 | State's Attorney, law enforcement officer, or immediate family | ||||||
13 | member supported by evidence submitted under oath or | ||||||
14 | affirmation, subject to the penalties for perjury, and stating | ||||||
15 | facts sufficient to show probable cause to believe that:
| ||||||
16 | (1) the identified person poses an imminent danger of | ||||||
17 | causing death or serious bodily injury to himself, herself, | ||||||
18 | or any other person; | ||||||
19 | (2) the person possesses or has ready access to one or | ||||||
20 | more firearms; and
| ||||||
21 | (3) less restrictive alternatives either have been | ||||||
22 | tried and found to be ineffective or would be inadequate or | ||||||
23 | inappropriate under the circumstances, | ||||||
24 | any judge in the jurisdiction in which the person who is the | ||||||
25 | subject of the complaint resides or is currently located may |
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1 | issue an emergency gun violence restraining order prohibiting | ||||||
2 | the subject of the complaint from possessing, controlling, | ||||||
3 | purchasing, receiving, or attempting to possess, control, | ||||||
4 | purchase, or receive a firearm or firearm ammunition.
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5 | (a-5) Upon a finding by the court supported by a | ||||||
6 | preponderance of the evidence that a complaint for an emergency | ||||||
7 | gun violence restraining order is frivolous and filed for a | ||||||
8 | vexatious reason, the court shall order the complaining party | ||||||
9 | to pay any attorney's fees and court costs incurred by the | ||||||
10 | person who is the subject of the complaint and to pay a civil | ||||||
11 | penalty of at least $500 and up to $1000, to be paid in that | ||||||
12 | order of priority.
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13 | (b) In all cases in which a complaint seeking an emergency | ||||||
14 | gun violence restraining order pursuant to subsection (a) of | ||||||
15 | this Section is filed by a person other than a State's Attorney | ||||||
16 | or assistant State's Attorney, the judge receiving the | ||||||
17 | complaint shall promptly notify the appropriate State's | ||||||
18 | Attorney's office of the filing of the complaint and provide | ||||||
19 | the State's Attorney or his or her representative an | ||||||
20 | opportunity to be heard on the matter before issuing the | ||||||
21 | requested order, provided such opportunity to be heard causes | ||||||
22 | no material delay.
| ||||||
23 | (c) The court issuing an emergency gun violence restraining | ||||||
24 | order under subsection (a) of this Section may order redaction | ||||||
25 | of the name and any other personal identifying information of | ||||||
26 | any affiant or witness other than a law enforcement officer or |
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1 | prosecutor in any copies of the complaint, order, or any | ||||||
2 | related documents, provided that the unredacted original shall | ||||||
3 | be maintained in an official court file that may be ordered | ||||||
4 | sealed until further order of the court.
| ||||||
5 | Section 1-20. Consideration of factors.
| ||||||
6 | (a) In determining whether grounds exist to issue an | ||||||
7 | emergency gun violence restraining order, the judge may | ||||||
8 | consider, but is not limited to, evidence of:
| ||||||
9 | (1) recent threats, acts, or attempted acts of violence | ||||||
10 | the person against himself, herself, or another person or | ||||||
11 | persons;
| ||||||
12 | (2) a history of threats, acts, or attempted acts of | ||||||
13 | violence by the person against himself, herself, or another | ||||||
14 | person or persons;
| ||||||
15 | (3) recent acts of cruelty to animals as described in | ||||||
16 | Section 3.01 of the Humane Care for Animals Act;
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17 | (4) social media posts or any other statements or | ||||||
18 | actions by such person evidencing an intent or propensity | ||||||
19 | to commit an act of violence resulting in personal injury | ||||||
20 | to himself, herself, or any other person;
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21 | (5) any previous determination that the person poses a | ||||||
22 | clear and present danger under subsection (d) of Section | ||||||
23 | 8.1 of the Firearm Owners Identification Card Act and | ||||||
24 | related administrative rules;
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25 | (6) failure to take medications prescribed to control a |
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1 | mental illness otherwise likely to result or has previously | ||||||
2 | resulted in violent behavior;
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3 | (7) any disqualifying factor for eligibility for a | ||||||
4 | Firearm Owner's Identification Card under the Firearm | ||||||
5 | Owners Identification Card Act; | ||||||
6 | (8) the illegal use of controlled substances or | ||||||
7 | excessive use of alcohol by the person; and
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8 | (9) any available evidence the person does not pose an | ||||||
9 | imminent danger of causing death or serious bodily injury | ||||||
10 | to himself, herself, or any other person.
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11 | (b) In considering the weight to be given to these and any | ||||||
12 | other relevant factors, the judge shall consider the evidence | ||||||
13 | as a whole.
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14 | (c) Any emergency gun violence restraining order issued | ||||||
15 | shall expire no later than 14 days from the date the order is | ||||||
16 | issued. The order shall state the date and time the order was | ||||||
17 | entered and shall expire. The order shall also contain the | ||||||
18 | following statement: | ||||||
19 | "Based on credible evidence presented to the Court, the | ||||||
20 | Court finds: (1) there is probable cause to believe that | ||||||
21 | the person identified above poses an imminent danger of | ||||||
22 | causing death or serious bodily injury to himself, herself, | ||||||
23 | or another person or persons; (2) the person identified | ||||||
24 | above possesses or has ready access to one or more | ||||||
25 | firearms; and (3) less restrictive alternatives to | ||||||
26 | entering this order either have been tried and found to be |
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1 | ineffective or would be inadequate or inappropriate under | ||||||
2 | the circumstances. Based on those findings, the Court | ||||||
3 | orders that the person identified above shall immediately | ||||||
4 | surrender to the law enforcement officer or officers | ||||||
5 | serving upon him or her a copy of this order all firearms | ||||||
6 | and firearm ammunition he or she possesses, controls, or to | ||||||
7 | which he or she has ready access. Further, the person | ||||||
8 | identified above is prohibited from possessing, | ||||||
9 | controlling, purchasing, receiving, or attempting to | ||||||
10 | possess, control, purchase, or receive a firearm or firearm | ||||||
11 | ammunition while this order is in effect. An evidentiary | ||||||
12 | hearing shall be held within 14 days on the date and at the | ||||||
13 | time and place stated below to determine whether this | ||||||
14 | temporary emergency order should be made permanent for a | ||||||
15 | period up to six months. At the hearing, the person | ||||||
16 | identified above shall have the right to appear, present | ||||||
17 | evidence, testify on his or her own behalf if he or she | ||||||
18 | chooses to do so, make arguments to the court, and be | ||||||
19 | represented by an attorney retained at his or her own | ||||||
20 | expense." | ||||||
21 | The order shall also state the date, time, and place of the | ||||||
22 | hearing.
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23 | (d) A copy of any emergency gun violence restraining order | ||||||
24 | entered shall be served on the subject of the complaint by one | ||||||
25 | or more law enforcement officers as soon as reasonably possible | ||||||
26 | after being entered. The officer or officers shall immediately |
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1 | take custody of all firearms and firearm ammunition surrendered | ||||||
2 | by the subject of the complaint or in a location to which the | ||||||
3 | officer or officers have or gain lawful access, which shall be | ||||||
4 | maintained in the custody of the sheriff or law enforcement | ||||||
5 | agency where the person resides or is found or the items are | ||||||
6 | surrendered until further order of the court.
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7 | (e) If no further action is taken by the court by the date | ||||||
8 | and time the order expires and if the person who is the subject | ||||||
9 | of the order is lawfully entitled to possess a firearm, then | ||||||
10 | any firearm or other items surrendered, seized, or transferred | ||||||
11 | under the emergency gun violence restraining order shall be | ||||||
12 | promptly returned to the person or transferred to an authorized | ||||||
13 | representative lawfully entitled to possess them.
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14 | Section 1-25. Gun violence prevention search warrant.
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15 | (a) In any case in which a judge issues an emergency gun | ||||||
16 | violence restraining order or gun violence restraining order, | ||||||
17 | upon written application filed by a State's Attorney, assistant | ||||||
18 | State's Attorney, or law enforcement officer supported by | ||||||
19 | evidence submitted under oath or affirmation stating facts | ||||||
20 | sufficient to show probable cause to believe that:
(1) | ||||||
21 | certifying that the applicant has conducted an independent | ||||||
22 | investigation and determined that no reasonably available | ||||||
23 | alternative will prevent such person from causing death or | ||||||
24 | serious bodily injury to himself, herself, or another person | ||||||
25 | with a firearm or firearms, any judge with jurisdiction where |
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1 | the items are located may issue a search warrant for seizure of | ||||||
2 | the firearm or firearms.
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3 | (b) An application for a gun violence prevention search | ||||||
4 | warrant may incorporate by reference any previous complaint or | ||||||
5 | other evidence submitted in the matter and the judge may take | ||||||
6 | judicial notice of any evidence presented to the court and any | ||||||
7 | judicial findings entered in any prior proceedings relating to | ||||||
8 | the matter.
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9 | (c) Unless otherwise provided in this Act, the procedures | ||||||
10 | for issuance and execution of a gun violence prevention search | ||||||
11 | warrant shall conform to applicable provisions of Article 108 | ||||||
12 | of the Code of Criminal Procedure of 1963.
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13 | (d) In determining whether grounds exist to issue a gun | ||||||
14 | violence prevention search warrant, the judge may consider, but | ||||||
15 | is not limited to, the factors described in Section 1-20 of | ||||||
16 | this Act.
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17 | Section 1-30. Hearing; gun violence restraining order; and | ||||||
18 | disposition of firearms.
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19 | (a) No later than 14 days after issuance of an emergency | ||||||
20 | gun violence restraining order issued under Section 1-15 of | ||||||
21 | this Act, a court with jurisdiction where the subject of the | ||||||
22 | order resides or is found shall hold an evidentiary hearing to | ||||||
23 | determine whether a gun violence restraining order should be | ||||||
24 | entered. At the hearing, the petitioner, or the State's | ||||||
25 | Attorney if the petitioner was a law enforcement officer, shall |
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1 | have the burden of proving all material facts by clear and | ||||||
2 | convincing evidence. At the hearing, the person who is the | ||||||
3 | subject of the emergency gun violence restraining order shall | ||||||
4 | have the right to appear, present evidence, testify on his or | ||||||
5 | her own behalf if he or she chooses to do so or remain silent, | ||||||
6 | make arguments to the court, and be represented by an attorney | ||||||
7 | retained at his or her own expense.
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8 | (a-5) The hearing may be continued for up to 30 days at the | ||||||
9 | request of the person who is the subject of the emergency gun | ||||||
10 | violence restraining order. If the person who is the subject of | ||||||
11 | the emergency gun violence restraining order fails to appear | ||||||
12 | after being served with a copy of the emergency gun violence | ||||||
13 | restraining order or after reasonable efforts to serve such | ||||||
14 | order have failed, the evidentiary hearing may proceed in his | ||||||
15 | or her absence.
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16 | (b) In determining whether grounds exist to issue a gun | ||||||
17 | violence restraining order, the judge may consider, but is not | ||||||
18 | limited to, the factors described in Section 1-20 of this Act.
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19 | (c) If, after a hearing held pursuant to subsection (a) of | ||||||
20 | this Section, the judge finds by clear and convincing evidence | ||||||
21 | that:
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22 | (1) the subject of the emergency gun violence | ||||||
23 | restraining order poses an imminent danger of causing death | ||||||
24 | or serious bodily injury to himself, herself, or any other | ||||||
25 | person; | ||||||
26 | (2) the person possesses or has ready access to one or |
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1 | more firearms; and
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2 | (3) less restrictive alternatives either have been | ||||||
3 | tried and found to be ineffective or would be inadequate or | ||||||
4 | inappropriate under the circumstances,
the judge shall | ||||||
5 | enter a gun violence restraining order containing the same | ||||||
6 | prohibitions described in Section 1-15 of this Act and | ||||||
7 | ordering that any firearm and firearm ammunition | ||||||
8 | surrendered or seized under the emergency gun violence | ||||||
9 | restraining order or gun violence prevention search | ||||||
10 | warrant issued under this Act shall continue to be held for | ||||||
11 | safekeeping by a designated law enforcement agency for a | ||||||
12 | period not to exceed six months. Otherwise, the judge shall | ||||||
13 | order that the surrendered or seized firearm and firearm | ||||||
14 | ammunition be returned to the subject of the emergency | ||||||
15 | order.
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16 | (c-5) All firearms and firearm ammunition surrendered or | ||||||
17 | seized under this Act shall be maintained by the law | ||||||
18 | enforcement agency having custody of the items in a location | ||||||
19 | and such manner that when returned or transferred to their | ||||||
20 | owner they shall be in the same physical and operating | ||||||
21 | condition as when surrendered or seized.
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22 | (d) Any person whose firearm or firearm ammunition have | ||||||
23 | been surrendered or ordered seized pursuant to this Act, or the | ||||||
24 | person's legal representative, may transfer ownership or | ||||||
25 | possession of the items in accordance with the provisions of | ||||||
26 | subsection (a) of Section 9.5 of the Firearm Owners |
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1 | Identification Card Act, or other applicable state or federal | ||||||
2 | law, to any person eligible to possess a firearm under the | ||||||
3 | Firearm Owners Identification Card Act, subject to an order by | ||||||
4 | the court and agreement of the person receiving the items that | ||||||
5 | they shall be maintained in a secure manner inaccessible to the | ||||||
6 | subject of an emergency gun violence restraining order or gun | ||||||
7 | violence restraining order while any such order is in effect.
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8 | (e) If the judge at any time determines that a firearm or | ||||||
9 | other item surrendered or seized under an emergency gun | ||||||
10 | violence restraining order, gun violence restraining order, or | ||||||
11 | search warrant is owned by another person who is lawfully | ||||||
12 | eligible to possess a firearm, the judge may order the law | ||||||
13 | enforcement agency having custody of the firearm or item to | ||||||
14 | deliver the firearm or item to the owner, subject to an order | ||||||
15 | by the court and agreement of the person receiving the items | ||||||
16 | that they shall be maintained in a secure manner inaccessible | ||||||
17 | to the subject of an emergency gun violence restraining order | ||||||
18 | or gun violence restraining order while any such order is in | ||||||
19 | effect.
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20 | (f) At any time after a court orders a law enforcement | ||||||
21 | agency to retain a person's firearm or firearm ammunition under | ||||||
22 | this Act, the person may petition the court for return of the | ||||||
23 | item. Upon receipt of the petition the court shall enter an | ||||||
24 | order setting a date for a hearing on the petition and inform | ||||||
25 | the person and State's Attorney of the date, time, and location | ||||||
26 | of the hearing. In a hearing on a petition under this |
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1 | subsection (f), the person whose firearm or firearm ammunition | ||||||
2 | has been surrendered or seized may be represented by an | ||||||
3 | attorney retained at his or her own expense; and shall have the | ||||||
4 | burden of proving by a preponderance of the evidence that the | ||||||
5 | person does not pose an imminent danger of causing serious | ||||||
6 | bodily injury to himself, herself, or any other person. | ||||||
7 | (g) If, after a hearing held under subsection (f) of this | ||||||
8 | Section, the judge finds that the person who is the subject of | ||||||
9 | the complaint does not pose an imminent danger of serious | ||||||
10 | bodily injury to himself, herself, or any other person and that | ||||||
11 | the person is otherwise eligible to lawfully possess a firearm | ||||||
12 | under the Firearm Owners Identification Card Act, the judge | ||||||
13 | shall order the law enforcement agency having custody of the | ||||||
14 | firearm or firearm ammunition to promptly return the item to | ||||||
15 | the person or authorized representative. The court shall direct | ||||||
16 | the Department of State Police to return and reinstate the | ||||||
17 | person's Firearm Owner's Identification Card if not otherwise | ||||||
18 | expired, suspended, or revoked. If the judge denies the | ||||||
19 | person's petition, the judge shall order that the firearm or | ||||||
20 | firearm ammunition surrendered or seized under this Act | ||||||
21 | continue to be held by the sheriff or law enforcement agency | ||||||
22 | having custody of them for a period not to exceed six months | ||||||
23 | from the date of denial of the petition, and the person may not | ||||||
24 | file a subsequent petition until at least 90 days after the | ||||||
25 | date on which the petition was denied.
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26 | (h) Upon expiration of the last order directing a law |
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1 | enforcement agency to retain a person's firearm or firearm | ||||||
2 | ammunition under this Act, and upon request by the person who | ||||||
3 | surrendered the items or from whom the items were seized, the | ||||||
4 | law enforcement agency with custody of the items shall release | ||||||
5 | the items to the person if the person is otherwise eligible to | ||||||
6 | lawfully possess a firearm to lawfully possess a firearm under | ||||||
7 | the Firearm Owners Identification Card Act. If the person fails | ||||||
8 | to request return of the firearm or firearm ammunition is | ||||||
9 | ineligible to lawfully possess a firearm and fails to transfer | ||||||
10 | the firearm or other item to another person pursuant to | ||||||
11 | subsection (d) of this Section, the law enforcement agency | ||||||
12 | shall continue to retain the firearm or other item until entry | ||||||
13 | of a court order under subsection (i) of this Section.
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14 | (i) If after 5 years from the expiration of the last order | ||||||
15 | directing a law enforcement agency to retain a person's firearm | ||||||
16 | or firearm ammunition under this Act, a firearm or firearm | ||||||
17 | ammunition continues to be held by a law enforcement agency | ||||||
18 | under the order and the person who is the subject of the order | ||||||
19 | fails to request return of the item or is ineligible to | ||||||
20 | lawfully possess a firearm and fails to transfer the firearm or | ||||||
21 | other item to another person pursuant to subsection (d) of this | ||||||
22 | Section, the court, after giving notice to the parties and | ||||||
23 | conducting a hearing, may order the law enforcement agency | ||||||
24 | having custody of the firearm or other item to dispose of the | ||||||
25 | firearm or other item in whatever manner the court deems | ||||||
26 | appropriate.
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1 | Section 1-35. Suspension of Firearm Owner's Identification | ||||||
2 | Card and concealed carry license. | ||||||
3 | (a) Upon issuance of an emergency gun violence restraining | ||||||
4 | order under subsection (a) of Section 1-15 of this Act, the | ||||||
5 | court shall immediately notify the Department of State Police. | ||||||
6 | The local law enforcement agency, upon direction of the court, | ||||||
7 | shall immediately mail the person's Firearm Owner's | ||||||
8 | Identification Card and any concealed carry license to the | ||||||
9 | Department of State Police Firearm Owners Identification Card | ||||||
10 | Office for safekeeping. Upon receipt of the notice, the | ||||||
11 | Department of State Police shall immediately suspend any | ||||||
12 | Firearm Owner's Identification Card and Concealed Carry | ||||||
13 | License of the person who is the subject of the order, pending | ||||||
14 | the outcome of a hearing held pursuant to Section 1-30 of this | ||||||
15 | Act. If, after the hearing, the court fails to issue a gun | ||||||
16 | violence restraining order the court shall immediately notify | ||||||
17 | the Department of State Police. Upon receipt of the notice, the | ||||||
18 | Department of State Police shall immediately reinstate and | ||||||
19 | return the person's Firearm Owner's Identification Card and any | ||||||
20 | concealed carry license at no cost to the person.
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21 | (b) Upon entry of a gun violence restraining order pursuant | ||||||
22 | to Section 1-30 of this Act, the court shall immediately notify | ||||||
23 | the Department of State Police. Upon receipt of such notice, | ||||||
24 | the Illinois State Police shall immediately suspend any Firearm | ||||||
25 | Owner's Identification Card and concealed carry license of the | ||||||
26 | person who is the subject of the order for the duration of the |
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1 | order.
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2 | Section 1-40. Military and police firearms and personnel.
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3 | (a) Notwithstanding any other provision of this Act, this | ||||||
4 | Act shall not be construed or applied to restrict the Illinois | ||||||
5 | National Guard or Armed Forces of the United States from | ||||||
6 | issuing firearms to its personnel. Any firearm or firearm | ||||||
7 | ammunition surrendered or seized under this Act issued by or | ||||||
8 | otherwise constituting property of the Illinois National Guard | ||||||
9 | or Armed Forces of the United States shall be promptly | ||||||
10 | delivered to the Illinois National Guard or appropriate branch | ||||||
11 | of the Armed Forces of the United States to be retained and | ||||||
12 | used in whatever manner that entity deems appropriate. Notice | ||||||
13 | of any order entered under this Act relating to a member of the | ||||||
14 | Illinois National Guard or Armed Forces of the United States | ||||||
15 | shall be promptly provided to the Illinois National Guard or | ||||||
16 | appropriate branch of the Armed Forces of the United States.
| ||||||
17 | (b) Any firearms or firearm ammunition surrendered or | ||||||
18 | seized under this act issued by or otherwise constituting | ||||||
19 | property of a law enforcement agency shall be promptly | ||||||
20 | delivered to the law enforcement agency to be retained and used | ||||||
21 | in whatever manner the agency deems appropriate, except that no | ||||||
22 | such firearm or firearm ammunition may be possessed by a person | ||||||
23 | subject to an order entered under this Act. Notice of any order | ||||||
24 | entered under this Act relating to a law enforcement officer | ||||||
25 | shall be promptly provided to the person's law enforcement |
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1 | agency.
| ||||||
2 | Section 1-45. Penalty.
A person who knowingly violates an | ||||||
3 | emergency gun violence restraining order or gun violence | ||||||
4 | restraining order entered under this Act shall be guilty of a | ||||||
5 | Class 4 felony.
| ||||||
6 | Article 5. Gun Crime Charging and Sentencing Accountability and | ||||||
7 | Transparency Act. | ||||||
8 | Section 5-1. Short title. This Article may be cited as the | ||||||
9 | Gun Crime Charging and Sentencing Accountability and | ||||||
10 | Transparency Act, and references in this Article to "this Act" | ||||||
11 | mean this Article. | ||||||
12 | Section 5-5. Plea agreement; State's Attorney.
In a | ||||||
13 | criminal case, if a defendant is charged with an offense | ||||||
14 | involving the illegal use or possession of a firearm and | ||||||
15 | subsequently enters into a plea agreement in which in the | ||||||
16 | charge will be reduced to a lesser offense or a non-weapons | ||||||
17 | offense in exchange for a plea of guilty, at or before the time | ||||||
18 | of sentencing, the State's Attorney shall file with the court a | ||||||
19 | written statement of his or her reasons in support of the plea | ||||||
20 | agreement, which reasons shall specifically explain why the | ||||||
21 | offense or offenses of conviction that result from the plea | ||||||
22 | agreement do not include the originally charged weapons |
| |||||||
| |||||||
1 | offense. The written statement shall be part of the court | ||||||
2 | record in the case and a copy shall be provided to any person | ||||||
3 | upon request.
| ||||||
4 | Section 5-10. Sentencing; judge. In a criminal case in | ||||||
5 | which the original charge is or was for an offense involving | ||||||
6 | the illegal use or possession of a firearm, if a defendant | ||||||
7 | pleads guilty or is found guilty of the original charge or a | ||||||
8 | lesser offense or a non-weapons offense, in imposing sentence | ||||||
9 | the judge shall set forth in a written sentencing order his or | ||||||
10 | her reasons for imposing the sentence or accepting the plea | ||||||
11 | agreement. A copy of the written sentencing order shall be | ||||||
12 | provided to any person upon request.
| ||||||
13 | Article 10. Amendatory Provisions. | ||||||
14 | Section 10-5. The Counties Code is amended by changing | ||||||
15 | Section 5-1006.7 as follows: | ||||||
16 | (55 ILCS 5/5-1006.7) | ||||||
17 | Sec. 5-1006.7. School facility and resources occupation | ||||||
18 | taxes. | ||||||
19 | (a) In any county, a tax shall be imposed upon all persons | ||||||
20 | engaged in the business of selling tangible personal property, | ||||||
21 | other than personal property titled or registered with an | ||||||
22 | agency of this State's government, at retail in the county on |
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| |||||||
1 | the gross receipts from the sales made in the course of | ||||||
2 | business to provide revenue to be used exclusively for (i) | ||||||
3 | school facility purposes or (ii) school resource officers and | ||||||
4 | mental health professionals, or (iii) school facility | ||||||
5 | purposes, school resource officers, and mental health | ||||||
6 | professionals, if a proposition for the tax has been submitted | ||||||
7 | to the electors of that county and approved by a majority of | ||||||
8 | those voting on the question as provided in subsection (c). The | ||||||
9 | tax under this Section shall be imposed only in one-quarter | ||||||
10 | percent increments and may not exceed 1%. | ||||||
11 | This additional tax may not be imposed on the sale of food | ||||||
12 | for human consumption that is to be consumed off the premises | ||||||
13 | where it is sold (other than alcoholic beverages, soft drinks, | ||||||
14 | and food that has been prepared for immediate consumption) and | ||||||
15 | prescription and non-prescription medicines, drugs, medical | ||||||
16 | appliances and insulin, urine testing materials, syringes and | ||||||
17 | needles used by diabetics.
The Department of Revenue has full | ||||||
18 | power to administer and enforce this subsection, to collect all | ||||||
19 | taxes and penalties due under this subsection, to dispose of | ||||||
20 | taxes and penalties so collected in the manner provided in this | ||||||
21 | subsection, and to determine all rights to credit memoranda | ||||||
22 | arising on account of the erroneous payment of a tax or penalty | ||||||
23 | under this subsection. The Department shall deposit all taxes | ||||||
24 | and penalties collected under this subsection into a special | ||||||
25 | fund created for that purpose. | ||||||
26 | In the administration of and compliance with this |
| |||||||
| |||||||
1 | subsection, the Department and persons who are subject to this | ||||||
2 | subsection (i) have the same rights, remedies, privileges, | ||||||
3 | immunities, powers, and duties, (ii) are subject to the same | ||||||
4 | conditions, restrictions, limitations, penalties, and | ||||||
5 | definitions of terms, and (iii) shall employ the same modes of | ||||||
6 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
7 | 2-70 (in respect to all provisions contained in those Sections | ||||||
8 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
9 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
10 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
11 | 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation | ||||||
12 | Tax Act and all provisions of the Uniform Penalty and Interest | ||||||
13 | Act as if those provisions were set forth in this subsection. | ||||||
14 | The certificate of registration that is issued by the | ||||||
15 | Department to a retailer under the Retailers' Occupation Tax | ||||||
16 | Act permits the retailer to engage in a business that is | ||||||
17 | taxable without registering separately with the Department | ||||||
18 | under an ordinance or resolution under this subsection. | ||||||
19 | Persons subject to any tax imposed under the authority | ||||||
20 | granted in this subsection may reimburse themselves for their | ||||||
21 | seller's tax liability by separately stating that tax as an | ||||||
22 | additional charge, which may be stated in combination, in a | ||||||
23 | single amount, with State tax that sellers are required to | ||||||
24 | collect under the Use Tax Act, pursuant to any bracketed | ||||||
25 | schedules set forth by the Department. | ||||||
26 | (b) If a tax has been imposed under subsection (a), then a |
| |||||||
| |||||||
1 | service occupation tax must also be imposed at the same rate | ||||||
2 | upon all persons engaged, in the county, in the business of | ||||||
3 | making sales of service, who, as an incident to making those | ||||||
4 | sales of service, transfer tangible personal property within | ||||||
5 | the county as an incident to a sale of service. | ||||||
6 | This tax may not be imposed on sales of food for human | ||||||
7 | consumption that is to be consumed off the premises where it is | ||||||
8 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
9 | prepared for immediate consumption) and prescription and | ||||||
10 | non-prescription medicines, drugs, medical appliances and | ||||||
11 | insulin, urine testing materials, syringes, and needles used by | ||||||
12 | diabetics. | ||||||
13 | The tax imposed under this subsection and all civil | ||||||
14 | penalties that may be assessed as an incident thereof shall be | ||||||
15 | collected and enforced by the Department and deposited into a | ||||||
16 | special fund created for that purpose. The Department has full | ||||||
17 | power to administer and enforce this subsection, to collect all | ||||||
18 | taxes and penalties due under this subsection, to dispose of | ||||||
19 | taxes and penalties so collected in the manner provided in this | ||||||
20 | subsection, and to determine all rights to credit memoranda | ||||||
21 | arising on account of the erroneous payment of a tax or penalty | ||||||
22 | under this subsection. | ||||||
23 | In the administration of and compliance with this | ||||||
24 | subsection, the Department and persons who are subject to this | ||||||
25 | subsection shall (i) have the same rights, remedies, | ||||||
26 | privileges, immunities, powers and duties, (ii) be subject to |
| |||||||
| |||||||
1 | the same conditions, restrictions, limitations, penalties and | ||||||
2 | definition of terms, and (iii) employ the same modes of | ||||||
3 | procedure as are set forth in Sections 2 (except that that | ||||||
4 | reference to State in the definition of supplier maintaining a | ||||||
5 | place of business in this State means the county), 2a through | ||||||
6 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
7 | those Sections other than the State rate of tax), 4 (except | ||||||
8 | that the reference to the State shall be to the county), 5, 7, | ||||||
9 | 8 (except that the jurisdiction to which the tax is a debt to | ||||||
10 | the extent indicated in that Section 8 is the county), 9 | ||||||
11 | (except as to the disposition of taxes and penalties | ||||||
12 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
13 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
14 | reference to the State means the county), Section 15, 16, 17, | ||||||
15 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
16 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
17 | if those provisions were set forth herein. | ||||||
18 | Persons subject to any tax imposed under the authority | ||||||
19 | granted in this subsection may reimburse themselves for their | ||||||
20 | serviceman's tax liability by separately stating the tax as an | ||||||
21 | additional charge, which may be stated in combination, in a | ||||||
22 | single amount, with State tax that servicemen are authorized to | ||||||
23 | collect under the Service Use Tax Act, pursuant to any | ||||||
24 | bracketed schedules set forth by the Department. | ||||||
25 | (c) The tax under this Section may not be imposed until the | ||||||
26 | question of imposing the tax has been submitted to the electors |
| |||||||
| |||||||
1 | of the county at a regular election and approved by a majority | ||||||
2 | of the electors voting on the question. For all regular | ||||||
3 | elections held prior to August 23, 2011 (the effective date of | ||||||
4 | Public Act 97-542), upon a resolution by the county board or a | ||||||
5 | resolution by school district boards that represent at least | ||||||
6 | 51% of the student enrollment within the county, the county | ||||||
7 | board must certify the question to the proper election | ||||||
8 | authority in accordance with the Election Code. | ||||||
9 | For all regular elections held prior to August 23, 2011 | ||||||
10 | (the effective date of Public Act 97-542), the election | ||||||
11 | authority must submit the question in substantially the | ||||||
12 | following form: | ||||||
13 | Shall (name of county) be authorized to impose a | ||||||
14 | retailers' occupation tax and a service occupation tax | ||||||
15 | (commonly referred to as a "sales tax") at a rate of | ||||||
16 | (insert rate) to be used exclusively for school facility | ||||||
17 | purposes? | ||||||
18 | The election authority must record the votes as "Yes" or "No". | ||||||
19 | If a majority of the electors voting on the question vote | ||||||
20 | in the affirmative, then the county may, thereafter, impose the | ||||||
21 | tax. | ||||||
22 | For all regular elections held on or after August 23, 2011 | ||||||
23 | (the effective date of Public Act 97-542), the regional | ||||||
24 | superintendent of schools for the county must, upon receipt of | ||||||
25 | a resolution or resolutions of school district boards that | ||||||
26 | represent more than 50% of the student enrollment within the |
| |||||||
| |||||||
1 | county, certify the question to the proper election authority | ||||||
2 | for submission to the electors of the county at the next | ||||||
3 | regular election at which the question lawfully may be | ||||||
4 | submitted to the electors, all in accordance with the Election | ||||||
5 | Code. | ||||||
6 | For all regular elections held on or after August 23, 2011 | ||||||
7 | (the effective date of Public Act 97-542) and before the | ||||||
8 | effective date of this amendatory Act of the 100th General | ||||||
9 | Assembly , the election authority must submit the question in | ||||||
10 | substantially the following form: | ||||||
11 | Shall a retailers' occupation tax and a service | ||||||
12 | occupation tax (commonly referred to as a "sales tax") be | ||||||
13 | imposed in (name of county) at a rate of (insert rate) to | ||||||
14 | be used exclusively for school facility purposes? | ||||||
15 | The election authority must record the votes as "Yes" or "No". | ||||||
16 | If a majority of the electors voting on the question vote | ||||||
17 | in the affirmative, then the tax shall be imposed at the rate | ||||||
18 | set forth in the question. | ||||||
19 | For all regular elections held on or after the effective | ||||||
20 | date of this amendatory Act of the 100th General Assembly, the | ||||||
21 | election authority must submit the question as provided in this | ||||||
22 | paragraph.
If the referendum is to expand the use of revenues | ||||||
23 | from a currently imposed tax to include school resource | ||||||
24 | officers and mental health professionals, the question shall be | ||||||
25 | in substantially the following form: | ||||||
26 | In addition to school facility purposes, shall (name of |
| |||||||
| |||||||
1 | county) school districts be authorized to use revenues from | ||||||
2 | the tax commonly referred to as the school facility sales | ||||||
3 | tax that is currently imposed in (name of county) at a rate | ||||||
4 | of (insert rate) for school resource officers and mental | ||||||
5 | health professionals? | ||||||
6 | If the referendum is to increase the rate of a tax | ||||||
7 | currently imposed at less than 1% and dedicate the additional | ||||||
8 | revenues for school resource officers and mental health | ||||||
9 | professionals, the question shall be in substantially the | ||||||
10 | following form: | ||||||
11 | Shall the tax commonly referred to as the school | ||||||
12 | facility sales tax that is currently imposed in (name of | ||||||
13 | county) at the rate of (insert rate) be increased to a rate | ||||||
14 | of (insert rate) with the additional revenues used | ||||||
15 | exclusively for school resource officers and mental health | ||||||
16 | professionals? | ||||||
17 | If the referendum is to impose a tax, in a county that has not | ||||||
18 | previously imposed a tax under this Section, exclusively for | ||||||
19 | school facility purposes, the question shall be in | ||||||
20 | substantially the following form: | ||||||
21 | Shall a retailers' occupation tax and a service | ||||||
22 | occupation tax (commonly referred to as a "sales tax") be | ||||||
23 | imposed in (name of county) at a rate of (insert rate) to | ||||||
24 | be used exclusively for school facility purposes?
| ||||||
25 | If the referendum is to impose a tax, in a county that has not | ||||||
26 | previously imposed a tax under this Section, exclusively for |
| |||||||
| |||||||
1 | school resource officers and mental health professionals, the | ||||||
2 | question shall be in substantially the following form: | ||||||
3 | Shall a retailers' occupation tax and a service | ||||||
4 | occupation tax (commonly referred to as a "sales tax") be | ||||||
5 | imposed in (name of county) at a rate of (insert rate) to | ||||||
6 | be used exclusively for school resource officers and mental | ||||||
7 | health professionals? | ||||||
8 | If the referendum is to impose a tax, in a county that has | ||||||
9 | not previously imposed a tax under this Section, exclusively | ||||||
10 | for school facility purposes, school resource officers, and | ||||||
11 | mental health professionals, the question shall be in | ||||||
12 | substantially the following form: | ||||||
13 | Shall a retailers' occupation tax and a service | ||||||
14 | occupation tax (commonly referred to as a "sales tax") be | ||||||
15 | imposed in (name of county) at a rate of (insert rate) to | ||||||
16 | be used exclusively for school facility purposes, school | ||||||
17 | resource officers, and mental health professionals? | ||||||
18 | The election authority must record the votes as "Yes" or | ||||||
19 | "No". | ||||||
20 | If a majority of the electors voting on the question vote | ||||||
21 | in the affirmative, then the tax shall be imposed at the rate | ||||||
22 | set forth in the question. | ||||||
23 | For the purposes of this subsection (c), "enrollment" means | ||||||
24 | the head count of the students residing in the county on the | ||||||
25 | last school day of September of each year, which must be | ||||||
26 | reported on the Illinois State Board of Education Public School |
| |||||||
| |||||||
1 | Fall Enrollment/Housing Report.
| ||||||
2 | (d) The Department shall immediately pay over to the State | ||||||
3 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
4 | collected under this Section to be deposited into the School | ||||||
5 | Facility Occupation Tax Fund, which shall be an unappropriated | ||||||
6 | trust fund held outside the State treasury. | ||||||
7 | On or before the 25th day of each calendar month, the | ||||||
8 | Department shall prepare and certify to the Comptroller the | ||||||
9 | disbursement of stated sums of money to the regional | ||||||
10 | superintendents of schools in counties from which retailers or | ||||||
11 | servicemen have paid taxes or penalties to the Department | ||||||
12 | during the second preceding calendar month. The amount to be | ||||||
13 | paid to each regional superintendent of schools and disbursed | ||||||
14 | to him or her in accordance with Section 3-14.31 of the School | ||||||
15 | Code, is equal to the amount (not including credit memoranda) | ||||||
16 | collected from the county under this Section during the second | ||||||
17 | preceding calendar month by the Department, (i) less 2% of that | ||||||
18 | amount, which shall be deposited into the Tax Compliance and | ||||||
19 | Administration Fund and shall be used by the Department, | ||||||
20 | subject to appropriation, to cover the costs of the Department | ||||||
21 | in administering and enforcing the provisions of this Section, | ||||||
22 | on behalf of the county, (ii) plus an amount that the | ||||||
23 | Department determines is necessary to offset any amounts that | ||||||
24 | were erroneously paid to a different taxing body; (iii) less an | ||||||
25 | amount equal to the amount of refunds made during the second | ||||||
26 | preceding calendar month by the Department on behalf of the |
| |||||||
| |||||||
1 | county; and (iv) less any amount that the Department determines | ||||||
2 | is necessary to offset any amounts that were payable to a | ||||||
3 | different taxing body but were erroneously paid to the county. | ||||||
4 | When certifying the amount of a monthly disbursement to a | ||||||
5 | regional superintendent of schools under this Section, the | ||||||
6 | Department shall increase or decrease the amounts by an amount | ||||||
7 | necessary to offset any miscalculation of previous | ||||||
8 | disbursements within the previous 6 months from the time a | ||||||
9 | miscalculation is discovered. | ||||||
10 | Within 10 days after receipt by the Comptroller from the | ||||||
11 | Department of the disbursement certification to the regional | ||||||
12 | superintendents of the schools provided for in this Section, | ||||||
13 | the Comptroller shall cause the orders to be drawn for the | ||||||
14 | respective amounts in accordance with directions contained in | ||||||
15 | the certification. | ||||||
16 | If the Department determines that a refund should be made | ||||||
17 | under this Section to a claimant instead of issuing a credit | ||||||
18 | memorandum, then the Department shall notify the Comptroller, | ||||||
19 | who shall cause the order to be drawn for the amount specified | ||||||
20 | and to the person named in the notification from the | ||||||
21 | Department. The refund shall be paid by the Treasurer out of | ||||||
22 | the School Facility Occupation Tax Fund.
| ||||||
23 | (e) For the purposes of determining the local governmental | ||||||
24 | unit whose tax is applicable, a retail sale by a producer of | ||||||
25 | coal or another mineral mined in Illinois is a sale at retail | ||||||
26 | at the place where the coal or other mineral mined in Illinois |
| |||||||
| |||||||
1 | is extracted from the earth. This subsection does not apply to | ||||||
2 | coal or another mineral when it is delivered or shipped by the | ||||||
3 | seller to the purchaser at a point outside Illinois so that the | ||||||
4 | sale is exempt under the United States Constitution as a sale | ||||||
5 | in interstate or foreign commerce. | ||||||
6 | (f) Nothing in this Section may be construed to authorize a | ||||||
7 | tax to be imposed upon the privilege of engaging in any | ||||||
8 | business that under the Constitution of the United States may | ||||||
9 | not be made the subject of taxation by this State. | ||||||
10 | (g) If a county board imposes a tax under this Section | ||||||
11 | pursuant to a referendum held before August 23, 2011 (the | ||||||
12 | effective date of Public Act 97-542) at a rate below the rate | ||||||
13 | set forth in the question approved by a majority of electors of | ||||||
14 | that county voting on the question as provided in subsection | ||||||
15 | (c), then the county board may, by ordinance, increase the rate | ||||||
16 | of the tax up to the rate set forth in the question approved by | ||||||
17 | a majority of electors of that county voting on the question as | ||||||
18 | provided in subsection (c). If a county board imposes a tax | ||||||
19 | under this Section pursuant to a referendum held before August | ||||||
20 | 23, 2011 (the effective date of Public Act 97-542), then the | ||||||
21 | board may, by ordinance, discontinue or reduce the rate of the | ||||||
22 | tax. If a tax is imposed under this Section pursuant to a | ||||||
23 | referendum held on or after August 23, 2011 (the effective date | ||||||
24 | of Public Act 97-542) and before the effective date of this | ||||||
25 | amendatory Act of the 100th General Assembly , then the county | ||||||
26 | board may reduce or discontinue the tax, but only in accordance |
| |||||||
| |||||||
1 | with subsection (h-5) of this Section. If a tax is imposed | ||||||
2 | under this Section pursuant to a referendum held on or after | ||||||
3 | the effective date of this amendatory Act of the 100th General | ||||||
4 | Assembly, then the county board may reduce or discontinue the | ||||||
5 | tax, but only in accordance with subsection (h-10) of this | ||||||
6 | Section. If, however, a school board issues bonds that are | ||||||
7 | secured by the proceeds of the tax under this Section, then the | ||||||
8 | county board may not reduce the tax rate or discontinue the tax | ||||||
9 | if that rate reduction or discontinuance would adversely affect | ||||||
10 | the school board's ability to pay the principal and interest on | ||||||
11 | those bonds as they become due or necessitate the extension of | ||||||
12 | additional property taxes to pay the principal and interest on | ||||||
13 | those bonds. If the county board reduces the tax rate or | ||||||
14 | discontinues the tax, then a referendum must be held in | ||||||
15 | accordance with subsection (c) of this Section in order to | ||||||
16 | increase the rate of the tax or to reimpose the discontinued | ||||||
17 | tax. | ||||||
18 | Until January 1, 2014, the results of any election that | ||||||
19 | imposes, reduces, or discontinues a tax under this Section must | ||||||
20 | be certified by the election authority, and any ordinance that | ||||||
21 | increases or lowers the rate or discontinues the tax must be | ||||||
22 | certified by the county clerk and, in each case, filed with the | ||||||
23 | Illinois Department of Revenue either (i) on or before the | ||||||
24 | first day of April, whereupon the Department shall proceed to | ||||||
25 | administer and enforce the tax or change in the rate as of the | ||||||
26 | first day of July next following the filing; or (ii) on or |
| |||||||
| |||||||
1 | before the first day of October, whereupon the Department shall | ||||||
2 | proceed to administer and enforce the tax or change in the rate | ||||||
3 | as of the first day of January next following the filing. | ||||||
4 | Beginning January 1, 2014, the results of any election that | ||||||
5 | imposes, reduces, or discontinues a tax under this Section must | ||||||
6 | be certified by the election authority, and any ordinance that | ||||||
7 | increases or lowers the rate or discontinues the tax must be | ||||||
8 | certified by the county clerk and, in each case, filed with the | ||||||
9 | Illinois Department of Revenue either (i) on or before the | ||||||
10 | first day of May, whereupon the Department shall proceed to | ||||||
11 | administer and enforce the tax or change in the rate as of the | ||||||
12 | first day of July next following the filing; or (ii) on or | ||||||
13 | before the first day of October, whereupon the Department shall | ||||||
14 | proceed to administer and enforce the tax or change in the rate | ||||||
15 | as of the first day of January next following the filing. | ||||||
16 | (h) For purposes of this Section, "school facility | ||||||
17 | purposes" means (i) the acquisition, development, | ||||||
18 | construction, reconstruction, rehabilitation, improvement, | ||||||
19 | financing, architectural planning, and installation of capital | ||||||
20 | facilities consisting of buildings, structures, and durable | ||||||
21 | equipment and for the acquisition and improvement of real | ||||||
22 | property and interest in real property required, or expected to | ||||||
23 | be required, in connection with the capital facilities and (ii) | ||||||
24 | the payment of bonds or other obligations heretofore or | ||||||
25 | hereafter issued, including bonds or other obligations | ||||||
26 | heretofore or hereafter issued to refund or to continue to |
| |||||||
| |||||||
1 | refund bonds or other obligations issued, for school facility | ||||||
2 | purposes, provided that the taxes levied to pay those bonds are | ||||||
3 | abated by the amount of the taxes imposed under this Section | ||||||
4 | that are used to pay those bonds. "School-facility purposes" | ||||||
5 | also includes fire prevention, safety, energy conservation, | ||||||
6 | accessibility, school security, and specified repair purposes | ||||||
7 | set forth under Section 17-2.11 of the School Code. | ||||||
8 | (h-5) A county board in a county where a tax has been | ||||||
9 | imposed under this Section pursuant to a referendum held on or | ||||||
10 | after August 23, 2011 (the effective date of Public Act 97-542) | ||||||
11 | and before the effective date of this amendatory Act of the | ||||||
12 | 100th General Assembly may, by ordinance or resolution, submit | ||||||
13 | to the voters of the county the question of reducing or | ||||||
14 | discontinuing the tax. In the ordinance or resolution, the | ||||||
15 | county board shall certify the question to the proper election | ||||||
16 | authority in accordance with the Election Code. The election | ||||||
17 | authority must submit the question in substantially the | ||||||
18 | following form: | ||||||
19 | Shall the school facility retailers' occupation tax | ||||||
20 | and service occupation tax (commonly referred to as the | ||||||
21 | "school facility sales tax") currently imposed in (name of | ||||||
22 | county) at a rate of (insert rate) be (reduced to (insert | ||||||
23 | rate))(discontinued)? | ||||||
24 | If a majority of the electors voting on the question vote in | ||||||
25 | the affirmative, then, subject to the provisions of subsection | ||||||
26 | (g) of this Section, the tax shall be reduced or discontinued |
| |||||||
| |||||||
1 | as set forth in the question. | ||||||
2 | (h-10) A county board in a county where a tax has been | ||||||
3 | imposed under this Section pursuant to a referendum held on or | ||||||
4 | after the effective date of this amendatory Act of the 100th | ||||||
5 | General Assembly may, by ordinance or resolution, submit to the | ||||||
6 | voters of the county the question of reducing or discontinuing | ||||||
7 | the tax. In the ordinance or resolution, the county board shall | ||||||
8 | certify the question to the proper election authority in | ||||||
9 | accordance with the Election Code. The election authority must | ||||||
10 | submit the question in substantially the following form: | ||||||
11 | Shall the school facility and resources retailers' | ||||||
12 | occupation tax and service occupation tax (commonly | ||||||
13 | referred to as the "school facility and resources sales | ||||||
14 | tax") currently imposed in (name of county) at a rate of | ||||||
15 | (insert rate) be (reduced to (insert rate))(discontinued)? | ||||||
16 | If a majority of the electors voting on the question vote | ||||||
17 | in the affirmative, then, subject to the provisions of | ||||||
18 | subsection (g) of this Section, the tax shall be reduced or | ||||||
19 | discontinued as set forth in the question. | ||||||
20 | (i) This Section does not apply to Cook County. | ||||||
21 | (j) This Section may be cited as the County School Facility | ||||||
22 | and Resources Occupation Tax Law.
| ||||||
23 | (Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15; | ||||||
24 | 99-217, eff. 7-31-15; 99-642, eff. 7-28-16.) |
| |||||||
| |||||||
1 | Section 10-10. The Firearm Owners Identification Card Act | ||||||
2 | is amended by adding Section 8.5 as follows: | ||||||
3 | (430 ILCS 65/8.5 new) | ||||||
4 | Sec. 8.5. Suspension of a Firearm Owner's Identification | ||||||
5 | Card under the Gun Violence Restraining Order Act. The | ||||||
6 | Department of State Police shall suspend a person's Firearm | ||||||
7 | Owner's Identification Card for the duration of an emergency | ||||||
8 | gun violence restraining order or a gun violence restraining | ||||||
9 | order as provided in Section 1-35 of the Gun Violence | ||||||
10 | Restraining Order Act. | ||||||
11 | Section 10-15. The Firearm Concealed Carry Act is amended | ||||||
12 | by adding Section 42 as follows: | ||||||
13 | (430 ILCS 66/42 new) | ||||||
14 | Sec. 42. Suspension of a concealed carry license under the | ||||||
15 | Gun Violence Restraining Order Act. The Department of State | ||||||
16 | Police shall suspend a person's concealed carry license for the | ||||||
17 | duration of an emergency gun violence restraining order or a | ||||||
18 | gun violence restraining order as provided under Section 1-35 | ||||||
19 | of the Gun Violence Restraining Order Act. "; and | ||||||
20 | on page 1, by replacing lines 4 through 5 with the following: |
| |||||||
| |||||||
1 | "Section 10-20. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 5-1, 24-1, and 24-3 and by adding Sections | ||||||
3 | 4-4.5, 5-2.5, and 9-1.5 as follows: | ||||||
4 | (720 ILCS 5/4-4.5 new) | ||||||
5 | Sec. 4-4.5. Purposely or purpose. In Section 5-2.5 and | ||||||
6 | 9-1.5 of this Code, a person acts purposely or with the purpose | ||||||
7 | when his or her conscious objective is to cause the death of | ||||||
8 | another human being.
| ||||||
9 | (720 ILCS 5/5-1) (from Ch. 38, par. 5-1)
| ||||||
10 | Sec. 5-1. Accountability for conduct of another. Except as | ||||||
11 | provided in Section 5-2.5 of the Code a A person is responsible | ||||||
12 | for conduct which is an element of an offense if
the conduct is | ||||||
13 | either that of the person himself, or that of another and he
is | ||||||
14 | legally accountable for such conduct as provided in Section 5-2 | ||||||
15 | of this Code , or
both.
| ||||||
16 | (Source: Laws 1961, p. 1983 .)
| ||||||
17 | (720 ILCS 5/5-2.5 new) | ||||||
18 | Sec. 5-2.5. Death penalty murder; accountability for acts | ||||||
19 | of others. A person is legally accountable for the conduct of | ||||||
20 | another in the commission of death penalty murder only when: | ||||||
21 | (1) having the purpose to cause the death of another | ||||||
22 | human being without lawful justification, the person | ||||||
23 | commands, induces, procures, or causes another to perform |
| |||||||
| |||||||
1 | the conduct; or | ||||||
2 | (2) the person agrees with one or more other persons to | ||||||
3 | engage in conduct for the common purpose of causing the | ||||||
4 | death of another human being without lawful justification, | ||||||
5 | in which case all parties to the agreement shall be | ||||||
6 | criminally liable for acts of other parties to the | ||||||
7 | agreement committed during and in furtherance of the | ||||||
8 | agreement. | ||||||
9 | (720 ILCS 5/9-1.5 new) | ||||||
10 | Sec. 9-1.5. Death penalty murder. | ||||||
11 | (a) In this Section, "human being" means a person who has | ||||||
12 | been born and is alive. | ||||||
13 | (b) A person commits death penalty murder when at the time | ||||||
14 | of the commission of the offense he or she has attained the age | ||||||
15 | of 18 or more and he or she purposely causes the death of | ||||||
16 | another human being without lawful justification if: | ||||||
17 | (1) at the time of the offense, the person caused the | ||||||
18 | death of 2 or more other human beings without lawful | ||||||
19 | justification; or | ||||||
20 | (2) the victim was a peace officer, as defined by | ||||||
21 | Section 2-13 of this Code, killed in the course of | ||||||
22 | performing his or her official duties, either to prevent | ||||||
23 | the performance of the officer's duties or in retaliation | ||||||
24 | for the performance of the officer's duties, and the person | ||||||
25 | knew that the victim was a peace officer. |
| |||||||
| |||||||
1 | (c) The trier of fact regarding the charge of death penalty | ||||||
2 | murder shall resolve any doubt regarding identification or any | ||||||
3 | element of the offense in favor of the defendant. A defendant | ||||||
4 | shall not be found guilty of the offense of death penalty | ||||||
5 | murder unless each and every element of the offense is | ||||||
6 | established beyond any doubt. If the trial is by jury, before | ||||||
7 | the trial commences and again before jury deliberations | ||||||
8 | commence, the jury shall be instructed that the penalty for | ||||||
9 | death penalty murder is death. | ||||||
10 | (d) A defendant, who has been found guilty of death penalty | ||||||
11 | murder, may, at a separate sentencing hearing, present evidence | ||||||
12 | of mitigating circumstances not rising to the level of legal | ||||||
13 | justification, including but not limited to evidence of | ||||||
14 | intellectual disability as provided in Section 114-15 of the | ||||||
15 | Code of Criminal Procedure of 1963. The prosecution may present | ||||||
16 | rebuttal evidence. The hearing shall be before the trial judge. | ||||||
17 | The judge shall sentence the defendant to death, unless he or | ||||||
18 | she finds that the defendant has, by a preponderance of the | ||||||
19 | evidence, presented sufficiently substantial evidence to prove | ||||||
20 | intellectual disability or that imposition of the death penalty | ||||||
21 | would result in a manifest miscarriage of justice, in which | ||||||
22 | case the judge shall sentence the defendant to life | ||||||
23 | imprisonment without the possibility of parole. | ||||||
24 | (e) On appeal from a conviction of death penalty murder, | ||||||
25 | review of the facts shall be de novo. In conducting its de novo | ||||||
26 | review of the trial evidence, the appellate court shall resolve |
| |||||||
| |||||||
1 | all doubt regarding identification and guilt in favor of the | ||||||
2 | defendant. The appellate court shall conduct an independent | ||||||
3 | review of the evidence without giving deference to the judgment | ||||||
4 | of the trier of fact at trial. | ||||||
5 | (f) Sentence. The sentence for death penalty murder is | ||||||
6 | death.
| ||||||
7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
8 | Sec. 24-1. Unlawful use of weapons.
| ||||||
9 | (a) A person commits the offense of unlawful use of weapons | ||||||
10 | when
he knowingly:
| ||||||
11 | (1) Sells, manufactures, purchases, possesses or | ||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
13 | sand-bag, metal knuckles or other knuckle weapon | ||||||
14 | regardless of its composition, throwing star,
or any knife, | ||||||
15 | commonly referred to as a switchblade knife, which has a
| ||||||
16 | blade that opens automatically by hand pressure applied to | ||||||
17 | a button,
spring or other device in the handle of the | ||||||
18 | knife, or a ballistic knife,
which is a device that propels | ||||||
19 | a knifelike blade as a projectile by means
of a coil | ||||||
20 | spring, elastic material or compressed gas; or
| ||||||
21 | (2) Carries or possesses with intent to use the same | ||||||
22 | unlawfully
against another, a dagger, dirk, billy, | ||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
24 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
25 | deadly weapon or instrument of like character; or
|
| |||||||
| |||||||
1 | (3) Carries on or about his person or in any vehicle, a | ||||||
2 | tear gas gun
projector or bomb or any object containing | ||||||
3 | noxious liquid gas or
substance, other than an object | ||||||
4 | containing a non-lethal noxious liquid gas
or substance | ||||||
5 | designed solely for personal defense carried by a person 18
| ||||||
6 | years of age or older; or
| ||||||
7 | (4) Carries or possesses in any vehicle or concealed on | ||||||
8 | or about his
person except when on his land or in his own | ||||||
9 | abode, legal dwelling, or fixed place of
business, or on | ||||||
10 | the land or in the legal dwelling of another person as an | ||||||
11 | invitee with that person's permission, any pistol, | ||||||
12 | revolver, stun gun or taser or other firearm, except
that
| ||||||
13 | this subsection (a) (4) does not apply to or affect | ||||||
14 | transportation of weapons
that meet one of the following | ||||||
15 | conditions:
| ||||||
16 | (i) are broken down in a non-functioning state; or
| ||||||
17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been issued a currently
valid Firearm | ||||||
21 | Owner's
Identification Card; or | ||||||
22 | (iv) are carried or possessed in accordance with | ||||||
23 | the Firearm Concealed Carry Act by a person who has | ||||||
24 | been issued a currently valid license under the Firearm | ||||||
25 | Concealed Carry Act; or
| ||||||
26 | (5) Sets a spring gun; or
|
| |||||||
| |||||||
1 | (6) Possesses any device or attachment of any kind | ||||||
2 | designed, used or
intended for use in silencing the report | ||||||
3 | of any firearm; or
| ||||||
4 | (7) Sells, manufactures, purchases, possesses or | ||||||
5 | carries:
| ||||||
6 | (i) a machine gun, which shall be defined for the | ||||||
7 | purposes of this
subsection as any weapon,
which | ||||||
8 | shoots, is designed to shoot, or can be readily | ||||||
9 | restored to shoot,
automatically more than one shot | ||||||
10 | without manually reloading by a single
function of the | ||||||
11 | trigger, including the frame or receiver
of any such | ||||||
12 | weapon, or sells, manufactures, purchases, possesses, | ||||||
13 | or
carries any combination of parts designed or | ||||||
14 | intended for
use in converting any weapon into a | ||||||
15 | machine gun, or any combination or
parts from which a | ||||||
16 | machine gun can be assembled if such parts are in the
| ||||||
17 | possession or under the control of a person; | ||||||
18 | (i-5) beginning 90 days after the effective date of | ||||||
19 | this amendatory Act of the 100th General Assembly, a | ||||||
20 | bump stock or trigger crank. As used in this clause | ||||||
21 | (i-5): | ||||||
22 | "Bump stock" means any device for a weapon that | ||||||
23 | increases the rate of fire achievable with the weapon | ||||||
24 | by using energy from the recoil of the weapon to | ||||||
25 | generate a reciprocating action that facilitates | ||||||
26 | repeated activation of the trigger of the weapon. |
| |||||||
| |||||||
1 | "Trigger crank" means any device to be attached to | ||||||
2 | a weapon that repeatedly activates the trigger of the | ||||||
3 | weapon through the use of a lever or other part that is | ||||||
4 | turned in a circular motion;
| ||||||
5 | (ii) any rifle having one or
more barrels less than | ||||||
6 | 16 inches in length or a shotgun having one or more
| ||||||
7 | barrels less than 18 inches in length or any weapon | ||||||
8 | made from a rifle or
shotgun, whether by alteration, | ||||||
9 | modification, or otherwise, if such a weapon
as | ||||||
10 | modified has an overall length of less than 26 inches; | ||||||
11 | or
| ||||||
12 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
13 | other container containing an
explosive substance of | ||||||
14 | over one-quarter ounce for like purposes, such
as, but | ||||||
15 | not limited to, black powder bombs and Molotov | ||||||
16 | cocktails or
artillery projectiles; or
| ||||||
17 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
18 | or other
deadly weapon in any place which is licensed to | ||||||
19 | sell intoxicating
beverages, or at any public gathering | ||||||
20 | held pursuant to a license issued
by any governmental body | ||||||
21 | or any public gathering at which an admission
is charged, | ||||||
22 | excluding a place where a showing, demonstration or lecture
| ||||||
23 | involving the exhibition of unloaded firearms is | ||||||
24 | conducted.
| ||||||
25 | This subsection (a)(8) does not apply to any auction or | ||||||
26 | raffle of a firearm
held pursuant to
a license or permit |
| |||||||
| |||||||
1 | issued by a governmental body, nor does it apply to persons
| ||||||
2 | engaged
in firearm safety training courses; or
| ||||||
3 | (9) Carries or possesses in a vehicle or on or about | ||||||
4 | his person any
pistol, revolver, stun gun or taser or | ||||||
5 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
6 | masked in such manner as to conceal his identity; or
| ||||||
7 | (10) Carries or possesses on or about his person, upon | ||||||
8 | any public street,
alley, or other public lands within the | ||||||
9 | corporate limits of a city, village
or incorporated town, | ||||||
10 | except when an invitee thereon or therein, for the
purpose | ||||||
11 | of the display of such weapon or the lawful commerce in | ||||||
12 | weapons, or
except when on his land or in his own abode, | ||||||
13 | legal dwelling, or fixed place of business, or on the land | ||||||
14 | or in the legal dwelling of another person as an invitee | ||||||
15 | with that person's permission, any
pistol, revolver, stun | ||||||
16 | gun or taser or other firearm, except that this
subsection | ||||||
17 | (a) (10) does not apply to or affect transportation of | ||||||
18 | weapons that
meet one of the following conditions:
| ||||||
19 | (i) are broken down in a non-functioning state; or
| ||||||
20 | (ii) are not immediately accessible; or
| ||||||
21 | (iii) are unloaded and enclosed in a case, firearm | ||||||
22 | carrying box,
shipping box, or other container by a | ||||||
23 | person who has been issued a currently
valid Firearm | ||||||
24 | Owner's
Identification Card; or
| ||||||
25 | (iv) are carried or possessed in accordance with | ||||||
26 | the Firearm Concealed Carry Act by a person who has |
| |||||||
| |||||||
1 | been issued a currently valid license under the Firearm | ||||||
2 | Concealed Carry Act. | ||||||
3 | A "stun gun or taser", as used in this paragraph (a) | ||||||
4 | means (i) any device
which is powered by electrical | ||||||
5 | charging units, such as, batteries, and
which fires one or | ||||||
6 | several barbs attached to a length of wire and
which, upon | ||||||
7 | hitting a human, can send out a current capable of | ||||||
8 | disrupting
the person's nervous system in such a manner as | ||||||
9 | to render him incapable of
normal functioning or (ii) any | ||||||
10 | device which is powered by electrical
charging units, such | ||||||
11 | as batteries, and which, upon contact with a human or
| ||||||
12 | clothing worn by a human, can send out current capable of | ||||||
13 | disrupting
the person's nervous system in such a manner as | ||||||
14 | to render him incapable
of normal functioning; or
| ||||||
15 | (11) Sells, manufactures or purchases any explosive | ||||||
16 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
17 | bullet" means the projectile portion of
an ammunition | ||||||
18 | cartridge which contains or carries an explosive charge | ||||||
19 | which
will explode upon contact with the flesh of a human | ||||||
20 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
21 | a projectile affixed at the
front thereof and a cap or | ||||||
22 | primer at the rear end thereof, with the
propellant | ||||||
23 | contained in such tube between the projectile and the cap; | ||||||
24 | or
| ||||||
25 | (12) (Blank); or
| ||||||
26 | (13) Carries or possesses on or about his or her person |
| |||||||
| |||||||
1 | while in a building occupied by a unit of government, a | ||||||
2 | billy club, other weapon of like character, or other | ||||||
3 | instrument of like character intended for use as a weapon. | ||||||
4 | For the purposes of this Section, "billy club" means a | ||||||
5 | short stick or club commonly carried by police officers | ||||||
6 | which is either telescopic or constructed of a solid piece | ||||||
7 | of wood or other man-made material. | ||||||
8 | (b) Sentence. A person convicted of a violation of | ||||||
9 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
10 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
11 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
12 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
13 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
14 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
15 | convicted of a violation of subsection
24-1(a)(7)(i) or | ||||||
16 | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced | ||||||
17 | to a term of imprisonment of not less than 3 years and not more | ||||||
18 | than 7 years, unless the weapon or device is possessed in the
| ||||||
19 | passenger compartment of a motor vehicle as defined in Section | ||||||
20 | 1-146 of the
Illinois Vehicle Code, or on the person, while the | ||||||
21 | weapon is loaded or the device is attached to the loaded | ||||||
22 | weapon , in which
case it shall be a Class X felony. A person | ||||||
23 | convicted of a
second or subsequent violation of subsection | ||||||
24 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
25 | Class 3 felony. The possession of each weapon or device in | ||||||
26 | violation of this Section constitutes a single and separate |
| |||||||
| |||||||
1 | violation.
| ||||||
2 | (c) Violations in specific places.
| ||||||
3 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
4 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
5 | the time of year, in residential
property owned, operated | ||||||
6 | or managed by a public housing agency or
leased by
a public | ||||||
7 | housing agency as part of a scattered site or mixed-income
| ||||||
8 | development, in a
public park, in a courthouse, on the real | ||||||
9 | property comprising any school,
regardless of the
time of | ||||||
10 | day or the time of year, on residential property owned, | ||||||
11 | operated
or
managed by a public housing agency
or leased by | ||||||
12 | a public housing agency as part of a scattered site or
| ||||||
13 | mixed-income development,
on the real property comprising | ||||||
14 | any
public park, on the real property comprising any | ||||||
15 | courthouse, in any conveyance
owned, leased or contracted | ||||||
16 | by a school to
transport students to or from school or a | ||||||
17 | school related activity, in any conveyance
owned, leased, | ||||||
18 | or contracted by a public transportation agency, or on any
| ||||||
19 | public way within 1,000 feet of the real property | ||||||
20 | comprising any school,
public park, courthouse, public | ||||||
21 | transportation facility, or residential property owned, | ||||||
22 | operated, or managed
by a public housing agency
or leased | ||||||
23 | by a public housing agency as part of a scattered site or
| ||||||
24 | mixed-income development
commits a Class 2 felony and shall | ||||||
25 | be sentenced to a term of imprisonment of not less than 3 | ||||||
26 | years and not more than 7 years.
|
| |||||||
| |||||||
1 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
2 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
3 | time of day or the time of year,
in residential property | ||||||
4 | owned, operated, or managed by a public
housing
agency
or | ||||||
5 | leased by a public housing agency as part of a scattered | ||||||
6 | site or
mixed-income development,
in
a public
park, in a | ||||||
7 | courthouse, on the real property comprising any school, | ||||||
8 | regardless
of the time of day or the time of year, on | ||||||
9 | residential property owned,
operated, or managed by a | ||||||
10 | public housing agency
or leased by a public housing agency | ||||||
11 | as part of a scattered site or
mixed-income development,
on | ||||||
12 | the real property
comprising any public park, on the real | ||||||
13 | property comprising any courthouse, in
any conveyance | ||||||
14 | owned, leased, or contracted by a school to transport | ||||||
15 | students
to or from school or a school related activity, in | ||||||
16 | any conveyance
owned, leased, or contracted by a public | ||||||
17 | transportation agency, or on any public way within
1,000 | ||||||
18 | feet of the real property comprising any school, public | ||||||
19 | park, courthouse,
public transportation facility, or | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency
or leased by a public housing agency | ||||||
22 | as part of a scattered site or
mixed-income development
| ||||||
23 | commits a Class 3 felony.
| ||||||
24 | (2) A person who violates subsection 24-1(a)(1), | ||||||
25 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
26 | time of day or the time of year, in
residential property |
| |||||||
| |||||||
1 | owned, operated or managed by a public housing
agency
or | ||||||
2 | leased by a public housing agency as part of a scattered | ||||||
3 | site or
mixed-income development,
in
a public park, in a | ||||||
4 | courthouse, on the real property comprising any school,
| ||||||
5 | regardless of the time of day or the time of year, on | ||||||
6 | residential property
owned, operated or managed by a public | ||||||
7 | housing agency
or leased by a public housing agency as part | ||||||
8 | of a scattered site or
mixed-income development,
on the | ||||||
9 | real property
comprising any public park, on the real | ||||||
10 | property comprising any courthouse, in
any conveyance | ||||||
11 | owned, leased or contracted by a school to transport | ||||||
12 | students
to or from school or a school related activity, in | ||||||
13 | any conveyance
owned, leased, or contracted by a public | ||||||
14 | transportation agency, or on any public way within
1,000 | ||||||
15 | feet of the real property comprising any school, public | ||||||
16 | park, courthouse,
public transportation facility, or | ||||||
17 | residential property owned, operated, or managed by a | ||||||
18 | public
housing agency or leased by a public housing agency | ||||||
19 | as part of a scattered
site or mixed-income development | ||||||
20 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
21 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
22 | this State for the conduct of official business.
| ||||||
23 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
24 | (c) shall not
apply to law
enforcement officers or security | ||||||
25 | officers of such school, college, or
university or to | ||||||
26 | students carrying or possessing firearms for use in |
| |||||||
| |||||||
1 | training
courses, parades, hunting, target shooting on | ||||||
2 | school ranges, or otherwise with
the consent of school | ||||||
3 | authorities and which firearms are transported unloaded
| ||||||
4 | enclosed in a suitable case, box, or transportation | ||||||
5 | package.
| ||||||
6 | (4) For the purposes of this subsection (c), "school" | ||||||
7 | means any public or
private elementary or secondary school, | ||||||
8 | community college, college, or
university.
| ||||||
9 | (5) For the purposes of this subsection (c), "public | ||||||
10 | transportation agency" means a public or private agency | ||||||
11 | that provides for the transportation or conveyance of
| ||||||
12 | persons by means available to the general public, except | ||||||
13 | for transportation
by automobiles not used for conveyance | ||||||
14 | of the general public as passengers; and "public | ||||||
15 | transportation facility" means a terminal or other place
| ||||||
16 | where one may obtain public transportation.
| ||||||
17 | (d) The presence in an automobile other than a public | ||||||
18 | omnibus of any
weapon, instrument or substance referred to in | ||||||
19 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
20 | possession of, and is being
carried by, all persons occupying | ||||||
21 | such automobile at the time such
weapon, instrument or | ||||||
22 | substance is found, except under the following
circumstances: | ||||||
23 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
24 | the person of one of the occupants therein; or (ii) if such
| ||||||
25 | weapon, instrument or substance is found in an automobile | ||||||
26 | operated for
hire by a duly licensed driver in the due, lawful |
| |||||||
| |||||||
1 | and proper pursuit of
his trade, then such presumption shall | ||||||
2 | not apply to the driver.
| ||||||
3 | (e) Exemptions. | ||||||
4 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
5 | Spearguns are exempted from the definition of ballistic | ||||||
6 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
7 | Section. | ||||||
8 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
9 | this Section prohibiting the sale, manufacture, purchase, | ||||||
10 | possession, or carrying of any knife, commonly referred to | ||||||
11 | as a switchblade knife, which has a
blade that opens | ||||||
12 | automatically by hand pressure applied to a button,
spring | ||||||
13 | or other device in the handle of the knife, does not apply | ||||||
14 | to a person who possesses a currently valid Firearm Owner's | ||||||
15 | Identification Card previously issued in his or her name by | ||||||
16 | the Department of State Police or to a person or an entity | ||||||
17 | engaged in the business of selling or manufacturing | ||||||
18 | switchblade knives.
| ||||||
19 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)"; and
| ||||||
20 | by deleting line 6 on page 1 through line 21 on page 3; and
| ||||||
21 | on page 5, by replacing lines 2 through 11 with the following: | ||||||
22 | "(g) Delivers any firearm of a size which may be concealed | ||||||
23 | upon the person , incidental to a sale, without withholding | ||||||
24 | delivery of the such firearm for at least 72 hours after |
| |||||||
| |||||||
1 | application for its purchase has been made, or delivers any | ||||||
2 | rifle, shotgun or other long gun, or a stun gun or taser, | ||||||
3 | incidental to a sale, without withholding delivery of the such | ||||||
4 | rifle, shotgun or other long gun, or a stun gun or taser for at | ||||||
5 | least 24 hours after application for its purchase has been | ||||||
6 | made. However, this paragraph (g) does"; and | ||||||
7 | on page 5, by replacing lines 23 and 24 with "Illinois; (3) the | ||||||
8 | sale of a firearm to a nonresident of Illinois while at a"; and
| ||||||
9 | on page 15, immediately after line 5, by inserting the | ||||||
10 | following: | ||||||
11 | "Section 10-25. The Code of Criminal Procedure of 1963 is | ||||||
12 | amended by changing Sections 114-15, 119-1, and 122-2.2 as | ||||||
13 | follows: | ||||||
14 | (725 ILCS 5/114-15)
| ||||||
15 | Sec. 114-15. Intellectual disability. | ||||||
16 | (a) In a first degree murder case in which the State seeks | ||||||
17 | the death
penalty as an appropriate sentence or in a death | ||||||
18 | penalty murder case , any party may raise the issue of the
| ||||||
19 | defendant's intellectual disabilities by motion. A defendant | ||||||
20 | wishing to raise the
issue of his or her intellectual | ||||||
21 | disabilities shall provide written notice to the
State
and the | ||||||
22 | court as soon as the defendant reasonably believes such issue |
| |||||||
| |||||||
1 | will be
raised.
| ||||||
2 | (b) The issue of the defendant's intellectual disabilities | ||||||
3 | shall be
determined in a pretrial hearing. The court shall be | ||||||
4 | the fact finder on the
issue of the defendant's intellectual | ||||||
5 | disabilities and shall determine the issue by a
preponderance | ||||||
6 | of evidence in which the moving party has the burden of proof.
| ||||||
7 | The court may appoint an expert in the field of intellectual | ||||||
8 | disabilities. The defendant and the State may offer experts | ||||||
9 | from the
field of intellectual disabilities. The court shall | ||||||
10 | determine admissibility of
evidence and qualification as an | ||||||
11 | expert.
| ||||||
12 | (c) If after a plea of guilty to first degree murder or | ||||||
13 | death penalty murder , or a finding of guilty
of first degree | ||||||
14 | murder or death penalty murder in a bench trial, or a verdict | ||||||
15 | of guilty for first
degree
murder or death penalty murder in a | ||||||
16 | jury trial, or on a matter remanded from the Supreme Court for
| ||||||
17 | sentencing for first degree murder or death penalty murder , and | ||||||
18 | the State seeks the death penalty as an
appropriate sentence, | ||||||
19 | the defendant may raise the issue of defendant's intellectual | ||||||
20 | disabilities not at eligibility but at aggravation and | ||||||
21 | mitigation. The
defendant
and the State may offer experts from | ||||||
22 | the field of intellectual disabilities. The
court shall | ||||||
23 | determine admissibility of evidence and qualification as an | ||||||
24 | expert.
| ||||||
25 | (d) In determining whether the defendant is a person with | ||||||
26 | an intellectual disability, the intellectual disability
must |
| |||||||
| |||||||
1 | have manifested itself by the age of 18.
IQ tests and | ||||||
2 | psychometric tests administered to the defendant
must be the | ||||||
3 | kind and type recognized by experts in the field of | ||||||
4 | intellectual disabilities. In order for the defendant to be | ||||||
5 | considered a person with an intellectual disability, a
low IQ | ||||||
6 | must be accompanied by
significant deficits in adaptive | ||||||
7 | behavior in at least 2 of
the
following skill areas: | ||||||
8 | communication, self-care, social or interpersonal
skills,
home | ||||||
9 | living, self-direction, academics, health and safety, use of | ||||||
10 | community
resources, and work.
An
intelligence quotient (IQ) of | ||||||
11 | 75 or below is presumptive evidence of an intellectual | ||||||
12 | disability.
| ||||||
13 | (e) Evidence of an intellectual disability that did not | ||||||
14 | result in disqualifying
the case as a capital case, may be | ||||||
15 | introduced as evidence in mitigation
during a capital | ||||||
16 | sentencing hearing. A failure of the court to determine that
| ||||||
17 | the defendant is a person with an intellectual disability does | ||||||
18 | not preclude the court during trial
from allowing evidence | ||||||
19 | relating to mental disability should the court deem it
| ||||||
20 | appropriate.
| ||||||
21 | (f) If the court determines at a pretrial hearing or after | ||||||
22 | remand that a
capital defendant
is a person with an | ||||||
23 | intellectual disability, and the State does not appeal pursuant | ||||||
24 | to Supreme Court
Rule 604, the case shall no longer be | ||||||
25 | considered a capital case and the
procedural guidelines | ||||||
26 | established for capital cases shall no longer be
applicable to |
| |||||||
| |||||||
1 | the defendant. In that case, the defendant shall be sentenced
| ||||||
2 | under the sentencing provisions of Chapter V of the Unified | ||||||
3 | Code of
Corrections.
| ||||||
4 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
5 | (725 ILCS 5/119-1) | ||||||
6 | Sec. 119-1. Death penalty abolished. | ||||||
7 | (a) Except as otherwise provided in subsection (a-5) of | ||||||
8 | this Section, beginning Beginning on the effective date of this | ||||||
9 | amendatory Act of the 96th General Assembly, notwithstanding | ||||||
10 | any other law to the contrary, the death penalty is abolished | ||||||
11 | and a sentence to death may not be imposed. | ||||||
12 | (a-5) A sentence of death shall be imposed for death | ||||||
13 | penalty murder. | ||||||
14 | (b) All unobligated and unexpended moneys remaining in the | ||||||
15 | Capital Litigation Trust Fund on the effective date of this | ||||||
16 | amendatory Act of the 96th General Assembly shall be | ||||||
17 | transferred into the Death Penalty Abolition Fund, a special | ||||||
18 | fund in the State treasury, to be expended by the Illinois | ||||||
19 | Criminal Justice Information Authority, for services for | ||||||
20 | families of victims of homicide or murder and for training of | ||||||
21 | law enforcement personnel.
| ||||||
22 | (Source: P.A. 96-1543, eff. 7-1-11 .) | ||||||
23 | (725 ILCS 5/122-2.2)
| ||||||
24 | Sec. 122-2.2. Intellectual disability and post-conviction |
| |||||||
| |||||||
1 | relief.
| ||||||
2 | (a) In cases where no determination of an intellectual | ||||||
3 | disability was made and a
defendant has been convicted of | ||||||
4 | first-degree
murder or death penalty murder , sentenced to | ||||||
5 | death, and is in custody pending execution of the
sentence of | ||||||
6 | death, the following procedures shall apply:
| ||||||
7 | (1) Notwithstanding any other provision of law or rule | ||||||
8 | of court, a
defendant may seek relief from the death | ||||||
9 | sentence through a petition for
post-conviction relief | ||||||
10 | under this Article alleging that the defendant was a person | ||||||
11 | with an intellectual disability
as defined in Section | ||||||
12 | 114-15 at the time the offense was
alleged to have been
| ||||||
13 | committed.
| ||||||
14 | (2) The petition must be filed within 180 days of the | ||||||
15 | effective date of
this
amendatory Act of the 93rd General | ||||||
16 | Assembly or within 180 days of the
issuance of the mandate | ||||||
17 | by the Illinois Supreme Court setting the date of
| ||||||
18 | execution, whichever is later.
| ||||||
19 | (b) All other provisions of this Article governing | ||||||
20 | petitions for
post-conviction relief shall apply to a petition | ||||||
21 | for post-conviction relief
alleging an intellectual | ||||||
22 | disability.
| ||||||
23 | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.) | ||||||
24 | (725 ILCS 165/Act rep.) |
| |||||||
| |||||||
1 | Section 10-30. The Firearm Seizure Act is repealed. | ||||||
2 | Section 10-35. The Unified Code of Corrections is amended | ||||||
3 | by changing Section 5-4.5-10 and by adding Section 5-4.5-20.5 | ||||||
4 | as follows: | ||||||
5 | (730 ILCS 5/5-4.5-10) | ||||||
6 | Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS. | ||||||
7 | (a) FELONY CLASSIFICATIONS. Felonies are classified, for | ||||||
8 | the purpose of sentencing, as follows: | ||||||
9 | (1) First degree murder (as a separate class of | ||||||
10 | felony). | ||||||
11 | (1.5) Death penalty murder (as a separate class of | ||||||
12 | felony). | ||||||
13 | (2) Class X felonies. | ||||||
14 | (3) Class 1 felonies. | ||||||
15 | (4) Class 2 felonies. | ||||||
16 | (5) Class 3 felonies. | ||||||
17 | (6) Class 4 felonies. | ||||||
18 | (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are | ||||||
19 | classified, for the purpose of sentencing, as follows: | ||||||
20 | (1) Class A misdemeanors. | ||||||
21 | (2) Class B misdemeanors. | ||||||
22 | (3) Class C misdemeanors.
| ||||||
23 | (c) PETTY AND BUSINESS OFFENSES. Petty offenses and | ||||||
24 | business offenses are not classified.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
2 | (730 ILCS 5/5-4.5-20.5 new) | ||||||
3 | Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death | ||||||
4 | penalty murder, the defendant shall be sentenced to death, | ||||||
5 | unless the trial judge finds that the defendant has, by a | ||||||
6 | preponderance of the evidence, presented sufficiently | ||||||
7 | substantial evidence to outweigh the circumstances of the | ||||||
8 | offense and the evidence presented by the prosecution at the | ||||||
9 | sentencing hearing, in which case the judge shall sentence the | ||||||
10 | defendant to life imprisonment without the possibility of | ||||||
11 | parole. | ||||||
12 | Article 999. Effective Date."; and | ||||||
13 | on page 15, by replacing lines 6 through 7 with the following: | ||||||
14 | "Section 999-5. Effective date. This Act takes effect upon | ||||||
15 | becoming law.". | ||||||
16 | Date: _________________, 2018 ___________________________ |