|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3338 Introduced , by Rep. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 15 ILCS 15/3.1 | from Ch. 127, par. 1803.1 | 50 ILCS 705/5 | from Ch. 85, par. 505 | 50 ILCS 705/6 | from Ch. 85, par. 506 | 50 ILCS 705/6.1 | | 50 ILCS 705/6.2 | | 50 ILCS 705/8 | from Ch. 85, par. 508 | 50 ILCS 705/10.4 | | 50 ILCS 710/5 | from Ch. 85, par. 519 | 430 ILCS 66/65 | |
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Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board must review the law enforcement, correctional, or court security officer's (currently, police officer) conduct and records to ensure that no officer is certified or provided a valid waiver if that officer has been convicted of a felony offense under the laws of this State or any other state which if committed in this State would be punishable as a felony. Provides that appointed investigators shall be vested with full police powers and authorized to conduct criminal background inquiries using a recognized national law enforcement database or an independent background investigation. Provides that the Board must also ensure that no officer is certified or provided a valid waiver if that officer has been convicted of aggravated battery, domestic battery, violation of an order of protection, or interfering with the reporting of domestic violence, or an offense that would be similar in any other state. Provides that the Peace Officer and Probation Officer Firearm Training Act shall not be subject to home rule preemption under Article VII of the Illinois Constitution. Amends the Firearm Concealed Carry Act. Provides that active and retired law enforcement officers authorized to carry a firearm under the laws of this State or federal law are not subject to a provision providing that the owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control, but that the owner must post a sign in accordance with the Act indicating that firearms are prohibited on the property, unless the property is a private residence. Makes other changes. Effective immediately.
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| | A BILL FOR |
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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,
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3 | | represented in the General Assembly:
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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 |
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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. |
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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 |
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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.
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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 |
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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 |
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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:
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24 | | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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1 | | Sec. 3.1. "Agency directly responsible to the Governor" or |
2 | | "agency" means
any office, officer, division, or part thereof,
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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:
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13 | | (1) the State Board of Elections;
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14 | | (2) the State Board of Education;
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15 | | (3) the Illinois Commerce Commission;
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16 | | (4) the Illinois Workers' Compensation
Commission;
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17 | | (5) the Civil Service Commission;
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18 | | (6) the Fair Employment Practices Commission;
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19 | | (7) the Pollution Control Board;
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20 | | (8) the Department of State Police Merit Board; |
21 | | (9) the Illinois Racing Board;
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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.)
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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:
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3 | | (50 ILCS 705/5) (from Ch. 85, par. 505)
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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.
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10 | | (Source: P.A. 81-1509.)
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11 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
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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
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21 | | power and duties:
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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.
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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.
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6 | | c. To provide appropriate certification to those |
7 | | probationary
officers who successfully complete the |
8 | | prescribed minimum standard basic
training course.
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9 | | d. To review and approve annual training curriculum for |
10 | | county sheriffs.
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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
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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 |
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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 .)
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8 | | (50 ILCS 705/6.1)
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9 | | Sec. 6.1. Decertification of law enforcement, |
10 | | correctional, or court security officers full-time and |
11 | | part-time police officers .
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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
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20 | | police officer has been convicted on or
after the effective |
21 | | date of this amendatory Act of 1999 of any misdemeanor
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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, |
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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
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7 | | enforce the duties conferred upon the
Board by this Act and the |
8 | | investigators shall be vested with full police powers .
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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.
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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.
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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 |
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1 | | faith and without malice. The Board
has qualified immunity for |
2 | | the
release of the information.
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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
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6 | | decertified or no longer has a valid
waiver. The |
7 | | decertification and invalidity of waivers occurs as a matter of
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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.
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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 .
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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
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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,
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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 |
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1 | | applicant, law enforcement , correctional, or court security
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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
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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
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13 | | Administrative Code of Illinois.
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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.
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21 | | (1) In the case of an acquittal on a charge of murder, |
22 | | a verified
complaint may be filed:
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23 | | (A) by the defendant; or
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24 | | (B) by an a police officer with personal knowledge |
25 | | of perjured
testimony.
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26 | | The complaint must allege that an a police officer, |
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1 | | while under oath, knowingly
and
willfully made false |
2 | | statements as to a material fact going to an element of
the
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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.
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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
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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
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21 | | determination and this decision is not subject to appeal.
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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 |
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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
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12 | | shall be reimbursed by the Illinois Law Enforcement Training |
13 | | Standards Board.
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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
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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.
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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
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25 | | exists to
conduct an evidentiary hearing on the verified |
26 | | complaint. If the Executive
Director of the Illinois Labor |
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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.
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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
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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
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17 | | administrative law judge within 30 days
of the
decision |
18 | | granting a hearing.
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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 |
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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
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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 |
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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 |
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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 |
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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;
|
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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 |
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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.
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1 | | (Source: P.A. 89-170, eff. 1-1-96.)
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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: |
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1 | | (430 ILCS 66/65)
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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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.
|