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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||
4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||||||||||||
5 | changing Section 7.5 as follows: | |||||||||||||||||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | |||||||||||||||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | |||||||||||||||||||||||||||||||||||||
9 | from inspection and copying: | |||||||||||||||||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | |||||||||||||||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
| |||||||
| |||||||
1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
| |||||||
| |||||||
1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
| ||||||
10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
| |||||||
| |||||||
1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) (dd) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under Sections 6.2 and 10.4 of the Illinois Police Training | ||||||
16 | Act. | ||||||
17 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
18 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
19 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
20 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
21 | 8-19-16; revised 9-1-16.) | ||||||
22 | Section 10. The Executive Reorganization Implementation | ||||||
23 | Act is amended by changing Section 3.1 as follows:
| ||||||
24 | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
|
| |||||||
| |||||||
1 | Sec. 3.1. "Agency directly responsible to the Governor" or | ||||||
2 | "agency" means
any office, officer, division, or part thereof,
| ||||||
3 | and any other office, nonelective officer, department, | ||||||
4 | division, bureau,
board, or commission in the executive branch | ||||||
5 | of State government,
except that it does not apply to any | ||||||
6 | agency whose primary function is service
to the General | ||||||
7 | Assembly or the Judicial Branch of State government, or to
any | ||||||
8 | agency administered by the Attorney General, Secretary of | ||||||
9 | State, State
Comptroller or State Treasurer. In addition the | ||||||
10 | term does not apply to
the following agencies created by law | ||||||
11 | with the primary responsibility of
exercising regulatory
or | ||||||
12 | adjudicatory functions independently of the Governor:
| ||||||
13 | (1) the State Board of Elections;
| ||||||
14 | (2) the State Board of Education;
| ||||||
15 | (3) the Illinois Commerce Commission;
| ||||||
16 | (4) the Illinois Workers' Compensation
Commission;
| ||||||
17 | (5) the Civil Service Commission;
| ||||||
18 | (6) the Fair Employment Practices Commission;
| ||||||
19 | (7) the Pollution Control Board;
| ||||||
20 | (8) the Department of State Police Merit Board; | ||||||
21 | (9) the Illinois Racing Board;
| ||||||
22 | (10) the Illinois Power Agency ; and | ||||||
23 | (11) the Illinois Law Enforcement Training Standards | ||||||
24 | Board . | ||||||
25 | (Source: P.A. 96-796, eff. 10-29-09; 97-618, eff. 10-26-11.)
|
| |||||||
| |||||||
1 | Section 15. The Illinois Police Training Act is amended by | ||||||
2 | changing Sections 5, 6, 6.1, 6.2, 8, and 10.4 as follows:
| ||||||
3 | (50 ILCS 705/5) (from Ch. 85, par. 505)
| ||||||
4 | Sec. 5.
The Board may accept contributions, capital grants, | ||||||
5 | gifts,
donations, real property, services or other financial | ||||||
6 | assistance from any individual,
association, corporation or | ||||||
7 | other organization, having a legitimate
interest in police | ||||||
8 | training, and from the United States of America and
any of its | ||||||
9 | agencies or instrumentalities, corporate or otherwise.
| ||||||
10 | (Source: P.A. 81-1509.)
| ||||||
11 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
12 | Sec. 6. Powers and duties of the Board; selection and | ||||||
13 | certification of schools. The Board shall select
and certify | ||||||
14 | schools within the State of
Illinois for the purpose of | ||||||
15 | providing basic training for probationary
police officers, | ||||||
16 | probationary county corrections officers, and
court security | ||||||
17 | officers and
of providing advanced or in-service training for | ||||||
18 | permanent police officers
or permanent
county corrections | ||||||
19 | officers, which schools may be either publicly or
privately | ||||||
20 | owned and operated. In addition, the Board has the following
| ||||||
21 | power and duties:
| ||||||
22 | a. To require local governmental units to furnish such | ||||||
23 | reports and
information as the Board deems necessary to | ||||||
24 | fully implement this Act.
|
| |||||||
| |||||||
1 | b. To establish appropriate mandatory minimum | ||||||
2 | standards
relating to the training of probationary local | ||||||
3 | law enforcement officers
or probationary county | ||||||
4 | corrections officers, and in-service training of permanent | ||||||
5 | police officers.
| ||||||
6 | c. To provide appropriate certification to those | ||||||
7 | probationary
officers who successfully complete the | ||||||
8 | prescribed minimum standard basic
training course.
| ||||||
9 | d. To review and approve annual training curriculum for | ||||||
10 | county sheriffs.
| ||||||
11 | e. To review and approve applicants to ensure that no | ||||||
12 | applicant is admitted
to a certified academy unless the | ||||||
13 | applicant is a person of good character
and has not been | ||||||
14 | convicted of a felony offense in this State or under the | ||||||
15 | laws of another state, or , any of the
misdemeanors in | ||||||
16 | Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, | ||||||
17 | 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, | ||||||
18 | 32-4a, or 32-7 of the Criminal Code
of
1961 or the Criminal | ||||||
19 | Code of 2012, subdivision (a)(1) or (a)(2)(C) of Section | ||||||
20 | 11-14.3 of the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012, or subsection (a) of Section 17-32 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, or Section 5 or | ||||||
23 | 5.2 of the Cannabis Control Act, or a crime involving
moral
| ||||||
24 | turpitude under the laws of this State or any other state | ||||||
25 | which if
committed in this State would be punishable as a | ||||||
26 | felony or a crime of
moral turpitude. The Board may appoint |
| |||||||
| |||||||
1 | investigators who shall enforce
the duties conferred upon | ||||||
2 | the Board by this Act. Appointed investigators under this | ||||||
3 | Section shall be vested with full police powers authorized | ||||||
4 | to conduct criminal background inquiries using a | ||||||
5 | recognized national law enforcement database or an | ||||||
6 | independent background investigation. | ||||||
7 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
8 | (50 ILCS 705/6.1)
| ||||||
9 | Sec. 6.1. Decertification of law enforcement, | ||||||
10 | correctional, or court security officers full-time and | ||||||
11 | part-time police officers .
| ||||||
12 | (a) The Board must review the law enforcement, | ||||||
13 | correctional, or court security officer's police officer | ||||||
14 | conduct and records to ensure that
no
police officer is | ||||||
15 | certified
or provided a valid waiver if that police officer has | ||||||
16 | been convicted of a
felony offense under the laws of this
State | ||||||
17 | or any other state which if committed in this State would be | ||||||
18 | punishable
as a felony. The Board must also
ensure that no | ||||||
19 | police officer is certified or provided a valid waiver if that
| ||||||
20 | police officer has been convicted on or
after the effective | ||||||
21 | date of this amendatory Act of 1999 of any misdemeanor
| ||||||
22 | specified in this Section or if
committed in any other state | ||||||
23 | would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||||||
24 | 11-14, 11-17, 11-19, 12-2, 12-3.05, 12-3.2, 12-3.4, 12-3.5, | ||||||
25 | 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, |
| |||||||
| |||||||
1 | or 32-7 of the
Criminal
Code of 1961 or the Criminal Code of | ||||||
2 | 2012, to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
4 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
6 | Cannabis Control Act. The Board must appoint investigators to
| ||||||
7 | enforce the duties conferred upon the
Board by this Act and the | ||||||
8 | investigators shall be vested with full police powers .
| ||||||
9 | (b) It is the responsibility of the sheriff or the chief | ||||||
10 | executive officer
of every local law enforcement
agency or | ||||||
11 | department within this State to report to the Board any arrest | ||||||
12 | or
conviction of any officer for an
offense identified in this | ||||||
13 | Section.
| ||||||
14 | (c) It is the duty and responsibility of every certified or | ||||||
15 | waived full-time and part-time
police officer in this State to | ||||||
16 | report to
the Board within 30 days, and the officer's sheriff | ||||||
17 | or chief executive officer,
of his or her arrest or conviction | ||||||
18 | for
an offense identified in this Section. Any full-time or | ||||||
19 | part-time police
officer who knowingly makes, submits,
causes | ||||||
20 | to be submitted, or files a false or untruthful report to the | ||||||
21 | Board must
have his or her certificate or waiver
immediately | ||||||
22 | decertified or revoked.
| ||||||
23 | (d) Any person, or a local or State agency, or the Board is | ||||||
24 | immune from
liability for submitting,
disclosing, or releasing | ||||||
25 | information of arrests or convictions in this Section
as long | ||||||
26 | as the information is
submitted, disclosed, or released in good |
| |||||||
| |||||||
1 | faith and without malice. The Board
has qualified immunity for | ||||||
2 | the
release of the information.
| ||||||
3 | (e) Any full-time or part-time police officer with a | ||||||
4 | certificate or waiver
issued by the Board who is
convicted of | ||||||
5 | any offense described in this Section immediately becomes
| ||||||
6 | decertified or no longer has a valid
waiver. The | ||||||
7 | decertification and invalidity of waivers occurs as a matter of
| ||||||
8 | law. Failure of a convicted person to
report to the Board his | ||||||
9 | or her conviction as described in this Section or any
continued | ||||||
10 | law enforcement practice
after receiving a conviction is a | ||||||
11 | Class 4 felony.
| ||||||
12 | (f) The Board's investigators are peace officers and have | ||||||
13 | all the powers
possessed by policemen in cities
and by | ||||||
14 | sheriff's and , provided that the investigators may exercise | ||||||
15 | those powers
anywhere in the State , only after
contact and | ||||||
16 | cooperation with the appropriate local law enforcement | ||||||
17 | authorities .
| ||||||
18 | (g) The Board may must request and receive information and | ||||||
19 | assistance from any
federal, state, or local
governmental | ||||||
20 | agency as part of the authorized criminal background
| ||||||
21 | investigation. The Department of State Police must process, | ||||||
22 | retain, and
additionally
provide
and disseminate information | ||||||
23 | to the Board concerning criminal charges, arrests,
| ||||||
24 | convictions, and their disposition, that have
been filed | ||||||
25 | before, on, or after the effective date of this amendatory Act | ||||||
26 | of
the 91st General Assembly against an a basic academy |
| |||||||
| |||||||
1 | applicant, law enforcement , correctional, or court security
| ||||||
2 | applicant, or law enforcement , correctional or court security | ||||||
3 | officer whose fingerprint identification cards
are on file or | ||||||
4 | maintained by the Department of State Police. The Federal
| ||||||
5 | Bureau
of
Investigation must provide the Board any criminal | ||||||
6 | history record information
contained in its files pertaining to | ||||||
7 | law
enforcement , correctional or court security officers or any | ||||||
8 | applicant to a Board certified basic law
enforcement academy as | ||||||
9 | described in this Act
based on fingerprint identification. The | ||||||
10 | Board must make payment of fees to the
Department of State | ||||||
11 | Police for each
fingerprint card submission in conformance with | ||||||
12 | the requirements of paragraph
22 of Section 55a of the Civil
| ||||||
13 | Administrative Code of Illinois.
| ||||||
14 | (h) An A police officer who has been certified or granted a | ||||||
15 | valid waiver
shall
also be decertified or have his or her | ||||||
16 | waiver revoked upon a determination by
the Illinois Labor | ||||||
17 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
18 | has knowingly and willfully made false statements
as
to a | ||||||
19 | material fact going to an element of the offense of murder. If | ||||||
20 | an appeal
is filed, the determination shall be stayed.
| ||||||
21 | (1) In the case of an acquittal on a charge of murder, | ||||||
22 | a verified
complaint may be filed:
| ||||||
23 | (A) by the defendant; or
| ||||||
24 | (B) by an a police officer with personal knowledge | ||||||
25 | of perjured
testimony.
| ||||||
26 | The complaint must allege that an a police officer, |
| |||||||
| |||||||
1 | while under oath, knowingly
and
willfully made false | ||||||
2 | statements as to a material fact going to an element of
the
| ||||||
3 | offense of murder. The verified complaint must be filed | ||||||
4 | with the Executive
Director of the Illinois Law Enforcement | ||||||
5 | Training Standards Board within 2
years of the judgment of | ||||||
6 | acquittal.
| ||||||
7 | (2) Within 30 days, the Executive Director of the | ||||||
8 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
9 | review the verified complaint and determine whether the
| ||||||
10 | verified complaint is frivolous and without merit, or | ||||||
11 | whether further
investigation is
warranted. The Illinois | ||||||
12 | Law Enforcement Training Standards Board shall notify
the | ||||||
13 | officer and the Executive Director of the Illinois Labor | ||||||
14 | Relations Board
State Panel of the filing of the complaint | ||||||
15 | and any action taken thereon. If the
Executive Director of | ||||||
16 | the Illinois Law Enforcement Training
Standards Board | ||||||
17 | determines that the verified complaint is frivolous and | ||||||
18 | without
merit, it shall be dismissed. The Executive | ||||||
19 | Director of the Illinois Law
Enforcement Training | ||||||
20 | Standards Board has sole discretion to make this
| ||||||
21 | determination and this decision is not subject to appeal.
| ||||||
22 | (i) If the Executive Director of the Illinois Law | ||||||
23 | Enforcement Training
Standards Board determines that the | ||||||
24 | verified complaint warrants further
investigation, he or she | ||||||
25 | shall refer the matter to a task force of
investigators
created | ||||||
26 | for this purpose. This task force shall consist of 8 sworn |
| |||||||
| |||||||
1 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
2 | City of Chicago Police Department, 2
from county police | ||||||
3 | departments, and 2 from municipal police departments.
These | ||||||
4 | investigators shall have a minimum of 5 years of experience in | ||||||
5 | conducting
criminal investigations. The investigators shall be | ||||||
6 | appointed by the Executive
Director of the Illinois Law | ||||||
7 | Enforcement Training Standards Board. Any officer
or officers | ||||||
8 | acting in this capacity pursuant to this statutory provision | ||||||
9 | will
have
statewide police authority while acting in this | ||||||
10 | investigative capacity. Their
salaries
and expenses for the | ||||||
11 | time spent conducting investigations under this paragraph
| ||||||
12 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
13 | Standards Board.
| ||||||
14 | (j) Once the Executive Director of the Illinois Law | ||||||
15 | Enforcement Training
Standards Board has determined that an | ||||||
16 | investigation is warranted, the verified
complaint shall be | ||||||
17 | assigned to an investigator or investigators. The
investigator
| ||||||
18 | or investigators shall conduct an investigation of the verified | ||||||
19 | complaint and
shall
write a report of his or her findings. This | ||||||
20 | report shall be submitted to the
Executive Director of the | ||||||
21 | Illinois Labor Relations Board State Panel.
| ||||||
22 | Within 30 days, the Executive Director of the Illinois | ||||||
23 | Labor Relations Board
State Panel
shall review the | ||||||
24 | investigative report and determine whether sufficient evidence
| ||||||
25 | exists to
conduct an evidentiary hearing on the verified | ||||||
26 | complaint. If the Executive
Director of the Illinois Labor |
| |||||||
| |||||||
1 | Relations Board State Panel determines upon his
or
her review | ||||||
2 | of the investigatory report that a hearing should not be | ||||||
3 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
4 | in the Executive Director's sole
discretion, and this dismissal | ||||||
5 | may not be appealed.
| ||||||
6 | If the Executive Director of the Illinois Labor Relations | ||||||
7 | Board
State Panel
determines that there is sufficient evidence | ||||||
8 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
9 | verified complaint, to be conducted by an administrative law
| ||||||
10 | judge employed by the Illinois Labor Relations Board State | ||||||
11 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
12 | Board State Panel shall inform the
Executive Director of the | ||||||
13 | Illinois Law Enforcement Training Standards Board and
the | ||||||
14 | person who filed the complaint of either the dismissal of the | ||||||
15 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
16 | Executive Director shall assign the complaint to the
| ||||||
17 | administrative law judge within 30 days
of the
decision | ||||||
18 | granting a hearing.
| ||||||
19 | (k) In the case of a finding of guilt on the offense of | ||||||
20 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
21 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
22 | claim that an a police officer, under oath, knowingly and
| ||||||
23 | willfully made false statements as to a material fact going to | ||||||
24 | an element of
the
offense of murder, the Illinois Labor | ||||||
25 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
26 | whether the officer should be decertified if an interested |
| |||||||
| |||||||
1 | party
requests such a hearing within 2 years of the court's | ||||||
2 | decision. The complaint
shall be assigned to an administrative | ||||||
3 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
4 | At the hearing, the accused officer shall be afforded the | ||||||
5 | opportunity to:
| ||||||
6 | (1) Be represented by counsel of his or her own | ||||||
7 | choosing;
| ||||||
8 | (2) Be heard in his or her own defense;
| ||||||
9 | (3) Produce evidence in his or her defense;
| ||||||
10 | (4) Request that the Illinois Labor Relations Board | ||||||
11 | State Panel compel the
attendance of witnesses and | ||||||
12 | production of related documents including but not
limited | ||||||
13 | to court documents and records.
| ||||||
14 | Once a case has been set for hearing, the verified | ||||||
15 | complaint shall be
referred to the Department of Professional | ||||||
16 | Regulation. That office shall
prosecute the verified complaint | ||||||
17 | at the hearing before the administrative law
judge. The | ||||||
18 | Department of Professional Regulation shall have the | ||||||
19 | opportunity to
produce evidence to support the verified | ||||||
20 | complaint and to request the Illinois
Labor
Relations Board | ||||||
21 | State Panel to compel the attendance of witnesses and the
| ||||||
22 | production of related documents, including, but not limited to, | ||||||
23 | court documents
and records. The Illinois Labor Relations Board | ||||||
24 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
25 | the attendance of and testimony of witnesses and
the production | ||||||
26 | of related documents including, but not limited to, court
|
| |||||||
| |||||||
1 | documents and records and shall have the power to administer | ||||||
2 | oaths.
| ||||||
3 | The administrative law judge shall have the responsibility | ||||||
4 | of receiving into
evidence relevant testimony and documents, | ||||||
5 | including court records, to support
or disprove the allegations | ||||||
6 | made by the person filing the verified complaint
and,
at the | ||||||
7 | close of the case, hear arguments. If the administrative law | ||||||
8 | judge finds
that there is not clear and convincing evidence to | ||||||
9 | support the verified
complaint
that the police officer has, | ||||||
10 | while under oath, knowingly and willfully made
false
statements | ||||||
11 | as to a material fact going to an element of the offense of | ||||||
12 | murder,
the
administrative law judge shall make a written | ||||||
13 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
14 | Board State Panel. If the administrative law judge
finds
that | ||||||
15 | there is clear and convincing evidence that the police officer | ||||||
16 | has, while
under
oath, knowingly and willfully made false | ||||||
17 | statements as to a material fact that
goes to an element of the | ||||||
18 | offense of murder, the administrative law judge shall
make a | ||||||
19 | written recommendation so concluding to the Illinois Labor | ||||||
20 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
21 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
22 | Standards Board shall be
informed of the
administrative law | ||||||
23 | judge's recommended findings and decision and the Illinois
| ||||||
24 | Labor Relations Board State Panel's subsequent review of the | ||||||
25 | recommendation.
| ||||||
26 | (l) An officer named in any complaint filed pursuant to |
| |||||||
| |||||||
1 | this Act shall be
indemnified for his or her reasonable | ||||||
2 | attorney's fees and costs by his or her
employer. These fees | ||||||
3 | shall be paid in a regular and timely manner. The State,
upon | ||||||
4 | application by the public employer, shall reimburse the public | ||||||
5 | employer
for
the accused officer's reasonable attorney's fees | ||||||
6 | and costs. At no time and
under
no circumstances will the | ||||||
7 | accused officer be required to pay his or her own
reasonable | ||||||
8 | attorney's fees or costs.
| ||||||
9 | (m) The accused officer shall not be placed on unpaid | ||||||
10 | status because of
the filing or processing of the verified | ||||||
11 | complaint until there is a final
non-appealable order | ||||||
12 | sustaining his or her guilt and his or her certification
is
| ||||||
13 | revoked.
Nothing in this Act, however, restricts the public | ||||||
14 | employer from pursuing
discipline against the officer in the | ||||||
15 | normal course and under procedures then
in
place.
| ||||||
16 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
17 | review the
administrative law judge's recommended decision and | ||||||
18 | order and determine by a
majority vote whether or not there was | ||||||
19 | clear and convincing evidence that the
accused officer, while | ||||||
20 | under oath, knowingly and willfully made false
statements
as to | ||||||
21 | a material fact going to the offense of murder. Within 30 days | ||||||
22 | of service
of
the administrative law judge's recommended | ||||||
23 | decision and order, the parties may
file exceptions to the | ||||||
24 | recommended decision and order and briefs in support of
their | ||||||
25 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
26 | The
parties
may file responses to the exceptions and briefs in |
| |||||||
| |||||||
1 | support of the responses no
later than 15 days after the | ||||||
2 | service of the exceptions. If exceptions are filed
by
any of | ||||||
3 | the parties, the Illinois Labor Relations Board State Panel | ||||||
4 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
5 | or modify the recommended
decision and order. If the Illinois | ||||||
6 | Labor Relations Board State Panel concludes
that there is clear | ||||||
7 | and convincing evidence that the accused officer, while
under
| ||||||
8 | oath, knowingly and willfully made false statements as to a | ||||||
9 | material fact going
to
an element of the offense murder, the | ||||||
10 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
11 | Illinois Law Enforcement Training Standards Board and the
| ||||||
12 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
13 | the accused
officer's certification. If the accused officer | ||||||
14 | appeals that determination to
the
Appellate Court, as provided | ||||||
15 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
16 | the revocation of his or her certification pending the court's
| ||||||
17 | review
of the matter.
| ||||||
18 | (o) None of the Illinois Labor Relations Board State | ||||||
19 | Panel's findings or
determinations shall set any precedent in | ||||||
20 | any of its decisions decided pursuant
to the Illinois Public | ||||||
21 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
22 | Panel or the courts.
| ||||||
23 | (p) A party aggrieved by the final order of the Illinois | ||||||
24 | Labor Relations
Board State Panel may apply for and obtain | ||||||
25 | judicial review of an order of the
Illinois Labor Relations | ||||||
26 | Board State Panel, in accordance with the provisions
of
the |
| |||||||
| |||||||
1 | Administrative Review Law, except that such judicial review | ||||||
2 | shall be
afforded
directly in the Appellate Court for the | ||||||
3 | district in which the accused officer
resides.
Any direct | ||||||
4 | appeal to the Appellate Court shall be filed within 35 days | ||||||
5 | from the
date that a copy of the decision sought to be reviewed | ||||||
6 | was served upon the
party
affected by the decision.
| ||||||
7 | (q) Interested parties. Only interested parties to the | ||||||
8 | criminal prosecution
in
which the police officer allegedly, | ||||||
9 | while under oath, knowingly and willfully
made
false statements | ||||||
10 | as to a material fact going to an element of the offense of
| ||||||
11 | murder may file a verified complaint pursuant to this Section. | ||||||
12 | For purposes of
this Section, "interested parties" shall be | ||||||
13 | limited to the defendant and any
police
officer who has | ||||||
14 | personal knowledge that the police officer who is the subject
| ||||||
15 | of
the complaint has, while under oath, knowingly and willfully | ||||||
16 | made false
statements
as
to a material fact going to an element | ||||||
17 | of the offense of murder.
| ||||||
18 | (r) Semi-annual reports. The Executive Director of the | ||||||
19 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
20 | reports to the Governor, President,
and
Minority Leader of the | ||||||
21 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
22 | Representatives beginning on June 30, 2004, indicating:
| ||||||
23 | (1) the number of verified complaints received since | ||||||
24 | the date of the
last
report;
| ||||||
25 | (2) the number of investigations initiated since the | ||||||
26 | date of the last
report;
|
| |||||||
| |||||||
1 | (3) the number of investigations concluded since the | ||||||
2 | date of the last
report;
| ||||||
3 | (4) the number of investigations pending as of the | ||||||
4 | reporting date;
| ||||||
5 | (5) the number of hearings held since the date of the | ||||||
6 | last report; and
| ||||||
7 | (6) the number of officers decertified since the date | ||||||
8 | of the last
report.
| ||||||
9 | (s) An officer may voluntarily surrender his or her | ||||||
10 | certificate at any time which shall have the effect of | ||||||
11 | decertification. | ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
13 | (50 ILCS 705/6.2)
| ||||||
14 | Sec. 6.2. Officer professional conduct database.
| ||||||
15 | (a) All law enforcement agencies shall notify the Board of | ||||||
16 | any final determination of willful violation of department or | ||||||
17 | agency policy, official misconduct, or violation of law when:
| ||||||
18 | (1) the officer is discharged or dismissed as a result | ||||||
19 | of the violation; or
| ||||||
20 | (2) the officer resigns during the course of an | ||||||
21 | investigation and after the officer has been served notice | ||||||
22 | that he or she is under investigation that is based on the | ||||||
23 | commission of a Class 2 or greater felony.
| ||||||
24 | The agency shall report to the Board within 30 days of a | ||||||
25 | final decision of discharge or dismissal and final exhaustion |
| |||||||
| |||||||
1 | of any appeal, or resignation, and shall provide information | ||||||
2 | regarding the nature of the violation.
| ||||||
3 | (b) Upon receiving notification from a law enforcement | ||||||
4 | agency, the Board must notify the law enforcement officer of | ||||||
5 | the report and his or her right to provide a statement | ||||||
6 | regarding the reported violation. | ||||||
7 | (c) The Board shall maintain a database readily available | ||||||
8 | to any chief administrative officer, or his or her designee, of | ||||||
9 | a law enforcement agency that shall show each reported | ||||||
10 | instance, including the name of the officer, the nature of the | ||||||
11 | violation, reason for the final decision of discharge or | ||||||
12 | dismissal, and any statement provided by the officer. Records | ||||||
13 | created, received, or retained under this Section are not | ||||||
14 | subject to disclosure under the Freedom of Information Act. | ||||||
15 | (d) An officer identified under the officer professional | ||||||
16 | conduct database shall be ineligible for a waiver of the | ||||||
17 | requirements as provided under this Act.
| ||||||
18 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
19 | (50 ILCS 705/8) (from Ch. 85, par. 508)
| ||||||
20 | Sec. 8. Participation required.
All home rule local | ||||||
21 | governmental units shall comply with Sections 8.1 and 8.2
and | ||||||
22 | any other mandatory provisions of this Act and any | ||||||
23 | corresponding administrative rule .
This Act is a limitation on | ||||||
24 | home rule powers under subsection (i) of Section
6 of Article | ||||||
25 | VII of the Illinois Constitution.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-170, eff. 1-1-96.)
| ||||||
2 | (50 ILCS 705/10.4) | ||||||
3 | Sec. 10.4. Weapon certification for retired law | ||||||
4 | enforcement officers. The Board may initiate, administer, and | ||||||
5 | conduct annual firearm certification courses consistent with | ||||||
6 | the requirements enumerated in the Peace Officer and Probation | ||||||
7 | Officer Firearm Training Act for retired law enforcement | ||||||
8 | officers qualified under federal law to carry a concealed | ||||||
9 | weapon. Records created, received, or retained under this | ||||||
10 | Section are not subject to disclosure under the Freedom of | ||||||
11 | Information Act.
| ||||||
12 | (Source: P.A. 98-725, eff. 1-1-15 .) | ||||||
13 | Section 20. The Peace Officer and Probation Officer Firearm | ||||||
14 | Training Act is amended by changing Section 5 as follows:
| ||||||
15 | (50 ILCS 710/5) (from Ch. 85, par. 519)
| ||||||
16 | Sec. 5. This Act shall not be subject to home rule | ||||||
17 | preemption under Section 6 of Article VII of the Illinois | ||||||
18 | Constitution does not apply to any home rule unit . | ||||||
19 | (Source: P.A. 79-652.)
| ||||||
20 | Section 25. The Firearm Concealed Carry Act is amended by | ||||||
21 | changing Section 65 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 66/65)
| ||||||
2 | Sec. 65. Prohibited areas. | ||||||
3 | (a) A licensee under this Act shall not knowingly carry a | ||||||
4 | firearm on or into: | ||||||
5 | (1) Any building, real property, and parking area under | ||||||
6 | the control of a public or private elementary or secondary | ||||||
7 | school. | ||||||
8 | (2) Any building, real property, and parking area under | ||||||
9 | the control of a pre-school or child care facility, | ||||||
10 | including any room or portion of a building under the | ||||||
11 | control of a pre-school or child care facility. Nothing in | ||||||
12 | this paragraph shall prevent the operator of a child care | ||||||
13 | facility in a family home from owning or possessing a | ||||||
14 | firearm in the home or license under this Act, if no child | ||||||
15 | under child care at the home is present in the home or the | ||||||
16 | firearm in the home is stored in a locked container when a | ||||||
17 | child under child care at the home is present in the home. | ||||||
18 | (3) Any building, parking area, or portion of a | ||||||
19 | building under the control of an officer of the executive | ||||||
20 | or legislative branch of government, provided that nothing | ||||||
21 | in this paragraph shall prohibit a licensee from carrying a | ||||||
22 | concealed firearm onto the real property, bikeway, or trail | ||||||
23 | in a park regulated by the Department of Natural Resources | ||||||
24 | or any other designated public hunting area or building | ||||||
25 | where firearm possession is permitted as established by the | ||||||
26 | Department of Natural Resources under Section 1.8 of the |
| |||||||
| |||||||
1 | Wildlife Code. | ||||||
2 | (4) Any building designated for matters before a | ||||||
3 | circuit court, appellate court, or the Supreme Court, or | ||||||
4 | any building or portion of a building under the control of | ||||||
5 | the Supreme Court. | ||||||
6 | (5) Any building or portion of a building under the | ||||||
7 | control of a unit of local government. | ||||||
8 | (6) Any building, real property, and parking area under | ||||||
9 | the control of an adult or juvenile detention or | ||||||
10 | correctional institution, prison, or jail. | ||||||
11 | (7) Any building, real property, and parking area under | ||||||
12 | the control of a public or private hospital or hospital | ||||||
13 | affiliate, mental health facility, or nursing home. | ||||||
14 | (8) Any bus, train, or form of transportation paid for | ||||||
15 | in whole or in part with public funds, and any building, | ||||||
16 | real property, and parking area under the control of a | ||||||
17 | public transportation facility paid for in whole or in part | ||||||
18 | with public funds. | ||||||
19 | (9) Any building, real property, and parking area under | ||||||
20 | the control of an establishment that serves alcohol on its | ||||||
21 | premises, if more than 50% of the establishment's gross | ||||||
22 | receipts within the prior 3 months is from the sale of | ||||||
23 | alcohol. The owner of an establishment who knowingly fails | ||||||
24 | to prohibit concealed firearms on its premises as provided | ||||||
25 | in this paragraph or who knowingly makes a false statement | ||||||
26 | or record to avoid the prohibition on concealed firearms |
| |||||||
| |||||||
1 | under this paragraph is subject to the penalty under | ||||||
2 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
3 | of 1934. | ||||||
4 | (10) Any public gathering or special event conducted on | ||||||
5 | property open to the public that requires the issuance of a | ||||||
6 | permit from the unit of local government, provided this | ||||||
7 | prohibition shall not apply to a licensee who must walk | ||||||
8 | through a public gathering in order to access his or her | ||||||
9 | residence, place of business, or vehicle. | ||||||
10 | (11) Any building or real property that has been issued | ||||||
11 | a Special Event Retailer's license as defined in Section | ||||||
12 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
13 | designated for the sale of alcohol by the Special Event | ||||||
14 | Retailer's license, or a Special use permit license as | ||||||
15 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
16 | Control Act during the time designated for the sale of | ||||||
17 | alcohol by the Special use permit license. | ||||||
18 | (12) Any public playground. | ||||||
19 | (13) Any public park, athletic area, or athletic | ||||||
20 | facility under the control of a municipality or park | ||||||
21 | district, provided nothing in this Section shall prohibit a | ||||||
22 | licensee from carrying a concealed firearm while on a trail | ||||||
23 | or bikeway if only a portion of the trail or bikeway | ||||||
24 | includes a public park. | ||||||
25 | (14) Any real property under the control of the Cook | ||||||
26 | County Forest Preserve District. |
| |||||||
| |||||||
1 | (15) Any building, classroom, laboratory, medical | ||||||
2 | clinic, hospital, artistic venue, athletic venue, | ||||||
3 | entertainment venue, officially recognized | ||||||
4 | university-related organization property, whether owned or | ||||||
5 | leased, and any real property, including parking areas, | ||||||
6 | sidewalks, and common areas under the control of a public | ||||||
7 | or private community college, college, or university. | ||||||
8 | (16) Any building, real property, or parking area under | ||||||
9 | the control of a gaming facility licensed under the | ||||||
10 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
11 | 1975, including an inter-track wagering location licensee. | ||||||
12 | (17) Any stadium, arena, or the real property or | ||||||
13 | parking area under the control of a stadium, arena, or any | ||||||
14 | collegiate or professional sporting event. | ||||||
15 | (18) Any building, real property, or parking area under | ||||||
16 | the control of a public library. | ||||||
17 | (19) Any building, real property, or parking area under | ||||||
18 | the control of an airport. | ||||||
19 | (20) Any building, real property, or parking area under | ||||||
20 | the control of an amusement park. | ||||||
21 | (21) Any building, real property, or parking area under | ||||||
22 | the control of a zoo or museum. | ||||||
23 | (22) Any street, driveway, parking area, property, | ||||||
24 | building, or facility, owned, leased, controlled, or used | ||||||
25 | by a nuclear energy, storage, weapons, or development site | ||||||
26 | or facility regulated by the federal Nuclear Regulatory |
| |||||||
| |||||||
1 | Commission. The licensee shall not under any circumstance | ||||||
2 | store a firearm or ammunition in his or her vehicle or in a | ||||||
3 | compartment or container within a vehicle located anywhere | ||||||
4 | in or on the street, driveway, parking area, property, | ||||||
5 | building, or facility described in this paragraph. | ||||||
6 | (23) Any area where firearms are prohibited under | ||||||
7 | federal law. | ||||||
8 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
9 | private community college, college, or university from: | ||||||
10 | (1) prohibiting persons from carrying a firearm within | ||||||
11 | a vehicle owned, leased, or controlled by the college or | ||||||
12 | university; | ||||||
13 | (2) developing resolutions, regulations, or policies | ||||||
14 | regarding student, employee, or visitor misconduct and | ||||||
15 | discipline, including suspension and expulsion; | ||||||
16 | (3) developing resolutions, regulations, or policies | ||||||
17 | regarding the storage or maintenance of firearms, which | ||||||
18 | must include designated areas where persons can park | ||||||
19 | vehicles that carry firearms; and | ||||||
20 | (4) permitting the carrying or use of firearms for the | ||||||
21 | purpose of instruction and curriculum of officially | ||||||
22 | recognized programs, including but not limited to military | ||||||
23 | science and law enforcement training programs, or in any | ||||||
24 | designated area used for hunting purposes or target | ||||||
25 | shooting. | ||||||
26 | (a-10) The owner of private real property of any type may |
| |||||||
| |||||||
1 | prohibit the carrying of concealed firearms on the property | ||||||
2 | under his or her control. The owner must post a sign in | ||||||
3 | accordance with subsection (d) of this Section indicating that | ||||||
4 | firearms are prohibited on the property, unless the property is | ||||||
5 | a private residence. Active and retired law enforcement | ||||||
6 | officers authorized to carry a firearm under the laws of this | ||||||
7 | State or federal law are not subject to the prohibitions of | ||||||
8 | this subsection. | ||||||
9 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
10 | this Section except under paragraph (22) or (23) of subsection | ||||||
11 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
12 | into the parking area of a prohibited location specified in | ||||||
13 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
14 | permitted to carry a concealed firearm on or about his or her | ||||||
15 | person within a vehicle into the parking area and may store a | ||||||
16 | firearm or ammunition concealed in a case within a locked | ||||||
17 | vehicle or locked container out of plain view within the | ||||||
18 | vehicle in the parking area. A licensee may carry a concealed | ||||||
19 | firearm in the immediate area surrounding his or her vehicle | ||||||
20 | within a prohibited parking lot area only for the limited | ||||||
21 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
22 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
23 | compartment or console that completely encloses the concealed | ||||||
24 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
25 | carrying box, shipping box, or other container. | ||||||
26 | (c) A licensee shall not be in violation of this Section |
| |||||||
| |||||||
1 | while he or she is traveling along a public right of way that | ||||||
2 | touches or crosses any of the premises under subsection (a), | ||||||
3 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
4 | carried on his or her person in accordance with the provisions | ||||||
5 | of this Act or is being transported in a vehicle by the | ||||||
6 | licensee in accordance with all other applicable provisions of | ||||||
7 | law. | ||||||
8 | (d) Signs stating that the carrying of firearms is | ||||||
9 | prohibited shall be clearly and conspicuously posted at the | ||||||
10 | entrance of a building, premises, or real property specified in | ||||||
11 | this Section as a prohibited area, unless the building or | ||||||
12 | premises is a private residence. Signs shall be of a uniform | ||||||
13 | design as established by the Department and shall be 4 inches | ||||||
14 | by 6 inches in size. The Department shall adopt rules for | ||||||
15 | standardized signs to be used under this subsection.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|