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1 | AN ACT concerning criminal law.
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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 Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||
5 | Section 24-2 as follows:
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6 | (720 ILCS 5/24-2)
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7 | Sec. 24-2. Exemptions.
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8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||||||||||||||||||||||||||
9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||||||||||||||||||||||||||
10 | the following:
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11 | (1) Peace officers, and any person summoned by a peace | ||||||||||||||||||||||||||||||
12 | officer to
assist in making arrests or preserving the | ||||||||||||||||||||||||||||||
13 | peace, while actually engaged in
assisting such officer.
| ||||||||||||||||||||||||||||||
14 | (2) Wardens, superintendents and keepers of prisons,
| ||||||||||||||||||||||||||||||
15 | penitentiaries, jails and other institutions for the | ||||||||||||||||||||||||||||||
16 | detention of persons
accused or convicted of an offense, | ||||||||||||||||||||||||||||||
17 | while in the performance of their
official duty, or while | ||||||||||||||||||||||||||||||
18 | commuting between their homes and places of employment.
| ||||||||||||||||||||||||||||||
19 | (3) Members of the Armed Services or Reserve Forces of | ||||||||||||||||||||||||||||||
20 | the United States
or the Illinois National Guard or the | ||||||||||||||||||||||||||||||
21 | Reserve Officers Training Corps,
while in the performance | ||||||||||||||||||||||||||||||
22 | of their official duty.
| ||||||||||||||||||||||||||||||
23 | (4) Special agents employed by a railroad or a public |
| |||||||
| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance of | ||||||
3 | the duties of their employment or
commuting between their | ||||||
4 | homes and places of employment; and watchmen
while actually | ||||||
5 | engaged in the performance of the duties of their | ||||||
6 | employment.
| ||||||
7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by a private security contractor, private | ||||||
10 | detective, or private alarm contractor agency licensed
by | ||||||
11 | the Department of Financial and Professional Regulation, | ||||||
12 | if their duties
include the carrying of a weapon under the | ||||||
13 | provisions of the Private
Detective, Private Alarm,
| ||||||
14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
15 | 2004,
while actually
engaged in the performance of the | ||||||
16 | duties of their employment or commuting
between their homes | ||||||
17 | and places of employment. A person shall be considered | ||||||
18 | eligible for this
exemption if he or she has completed the | ||||||
19 | required 20
hours of training for a private security | ||||||
20 | contractor, private
detective, or private alarm | ||||||
21 | contractor, or employee of a licensed private security | ||||||
22 | contractor, private detective, or private alarm contractor | ||||||
23 | agency and 20 hours of required firearm
training, and has | ||||||
24 | been issued a firearm control card by
the Department of | ||||||
25 | Financial and Professional Regulation. Conditions for the | ||||||
26 | renewal of
firearm control cards issued under the |
| |||||||
| |||||||
1 | provisions of this Section
shall be the same as for those | ||||||
2 | cards issued under the provisions of the
Private Detective, | ||||||
3 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
4 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
5 | carried by the private security contractor, private
| ||||||
6 | detective, or private alarm contractor, or employee of the | ||||||
7 | licensed private security contractor, private detective, | ||||||
8 | or private alarm contractor agency at all
times when he or | ||||||
9 | she is in possession of a concealable weapon permitted by | ||||||
10 | his or her firearm control card.
| ||||||
11 | (6) Any person regularly employed in a commercial or | ||||||
12 | industrial
operation as a security guard for the protection | ||||||
13 | of persons employed
and private property related to such | ||||||
14 | commercial or industrial
operation, while actually engaged | ||||||
15 | in the performance of his or her
duty or traveling between | ||||||
16 | sites or properties belonging to the
employer, and who, as | ||||||
17 | a security guard, is a member of a security force | ||||||
18 | registered with the Department of Financial and | ||||||
19 | Professional
Regulation; provided that such security guard | ||||||
20 | has successfully completed a
course of study, approved by | ||||||
21 | and supervised by the Department of
Financial and | ||||||
22 | Professional Regulation, consisting of not less than 40 | ||||||
23 | hours of training
that includes the theory of law | ||||||
24 | enforcement, liability for acts, and the
handling of | ||||||
25 | weapons. A person shall be considered eligible for this
| ||||||
26 | exemption if he or she has completed the required 20
hours |
| |||||||
| |||||||
1 | of training for a security officer and 20 hours of required | ||||||
2 | firearm
training, and has been issued a firearm control | ||||||
3 | card by
the Department of Financial and Professional | ||||||
4 | Regulation. Conditions for the renewal of
firearm control | ||||||
5 | cards issued under the provisions of this Section
shall be | ||||||
6 | the same as for those cards issued under the provisions of | ||||||
7 | the
Private Detective, Private Alarm,
Private Security, | ||||||
8 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
9 | control card shall be carried by the security guard at all
| ||||||
10 | times when he or she is in possession of a concealable | ||||||
11 | weapon permitted by his or her firearm control card.
| ||||||
12 | (7) Agents and investigators of the Illinois | ||||||
13 | Legislative Investigating
Commission authorized by the | ||||||
14 | Commission to carry the weapons specified in
subsections | ||||||
15 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
16 | any investigation for the Commission.
| ||||||
17 | (8) Persons employed by a financial institution as a | ||||||
18 | security guard for the protection of
other employees and | ||||||
19 | property related to such financial institution, while
| ||||||
20 | actually engaged in the performance of their duties, | ||||||
21 | commuting between
their homes and places of employment, or | ||||||
22 | traveling between sites or
properties owned or operated by | ||||||
23 | such financial institution, and who, as a security guard, | ||||||
24 | is a member of a security force registered with the | ||||||
25 | Department; provided that
any person so employed has | ||||||
26 | successfully completed a course of study,
approved by and |
| |||||||
| |||||||
1 | supervised by the Department of Financial and Professional | ||||||
2 | Regulation,
consisting of not less than 40 hours of | ||||||
3 | training which includes theory of
law enforcement, | ||||||
4 | liability for acts, and the handling of weapons.
A person | ||||||
5 | shall be considered to be eligible for this exemption if he | ||||||
6 | or
she has completed the required 20 hours of training for | ||||||
7 | a security officer
and 20 hours of required firearm | ||||||
8 | training, and has been issued a
firearm control card by the | ||||||
9 | Department of Financial and Professional Regulation.
| ||||||
10 | Conditions for renewal of firearm control cards issued | ||||||
11 | under the
provisions of this Section shall be the same as | ||||||
12 | for those issued under the
provisions of the Private | ||||||
13 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
14 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
15 | shall be carried by the security guard at all times when he | ||||||
16 | or she is in possession of a concealable
weapon permitted | ||||||
17 | by his or her firearm control card. For purposes of this | ||||||
18 | subsection, "financial institution" means a
bank, savings | ||||||
19 | and loan association, credit union or company providing
| ||||||
20 | armored car services.
| ||||||
21 | (9) Any person employed by an armored car company to | ||||||
22 | drive an armored
car, while actually engaged in the | ||||||
23 | performance of his duties.
| ||||||
24 | (10) Persons who have been classified as peace officers | ||||||
25 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
26 | (11) Investigators of the Office of the State's |
| |||||||
| |||||||
1 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
2 | governors of the Office of the
State's Attorneys Appellate | ||||||
3 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
4 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
5 | (12) Special investigators appointed by a State's | ||||||
6 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
7 | (12.5) Probation officers while in the performance of | ||||||
8 | their duties, or
while commuting between their homes, | ||||||
9 | places of employment or specific locations
that are part of | ||||||
10 | their assigned duties, with the consent of the chief judge | ||||||
11 | of
the circuit for which they are employed, if they have | ||||||
12 | received weapons training according
to requirements of the | ||||||
13 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
14 | (13) Court Security Officers while in the performance | ||||||
15 | of their official
duties, or while commuting between their | ||||||
16 | homes and places of employment, with
the
consent of the | ||||||
17 | Sheriff.
| ||||||
18 | (13.5) A person employed as an armed security guard at | ||||||
19 | a nuclear energy,
storage, weapons or development site or | ||||||
20 | facility regulated by the Nuclear
Regulatory Commission | ||||||
21 | who has completed the background screening and training
| ||||||
22 | mandated by the rules and regulations of the Nuclear | ||||||
23 | Regulatory Commission.
| ||||||
24 | (14) Manufacture, transportation, or sale of weapons | ||||||
25 | to
persons
authorized under subdivisions (1) through | ||||||
26 | (13.5) of this
subsection
to
possess those weapons.
|
| |||||||
| |||||||
1 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
2 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
3 | or handgun and the person has been issued a currently valid | ||||||
4 | license under the Firearm Concealed Carry Act at the time of | ||||||
5 | the commission of the offense. | ||||||
6 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
7 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
8 | (1) Members of any club or organization organized for | ||||||
9 | the purpose of
practicing shooting at targets upon | ||||||
10 | established target ranges, whether
public or private, and | ||||||
11 | patrons of such ranges, while such members
or patrons are | ||||||
12 | using their firearms on those target ranges.
| ||||||
13 | (2) Duly authorized military or civil organizations | ||||||
14 | while parading,
with the special permission of the | ||||||
15 | Governor.
| ||||||
16 | (3) Hunters, trappers or fishermen with a license or
| ||||||
17 | permit while engaged in hunting,
trapping or fishing.
| ||||||
18 | (4) Transportation of weapons that are broken down in a
| ||||||
19 | non-functioning state or are not immediately accessible.
| ||||||
20 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
21 | gun or taser or other firearm on the land or in the legal | ||||||
22 | dwelling of another person as an invitee with that person's | ||||||
23 | permission. | ||||||
24 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
25 | of the
following:
| ||||||
26 | (1) Peace officers while in performance of their |
| |||||||
| |||||||
1 | official duties.
| ||||||
2 | (2) Wardens, superintendents and keepers of prisons, | ||||||
3 | penitentiaries,
jails and other institutions for the | ||||||
4 | detention of persons accused or
convicted of an offense.
| ||||||
5 | (3) Members of the Armed Services or Reserve Forces of | ||||||
6 | the United States
or the Illinois National Guard, while in | ||||||
7 | the performance of their official
duty.
| ||||||
8 | (4) Manufacture, transportation, or sale of machine | ||||||
9 | guns to persons
authorized under subdivisions (1) through | ||||||
10 | (3) of this subsection to
possess machine guns, if the | ||||||
11 | machine guns are broken down in a
non-functioning state or | ||||||
12 | are not immediately accessible.
| ||||||
13 | (5) Persons licensed under federal law to manufacture | ||||||
14 | any weapon from
which 8 or more shots or bullets can be | ||||||
15 | discharged by a
single function of the firing device, or | ||||||
16 | ammunition for such weapons, and
actually engaged in the | ||||||
17 | business of manufacturing such weapons or
ammunition, but | ||||||
18 | only with respect to activities which are within the lawful
| ||||||
19 | scope of such business, such as the manufacture, | ||||||
20 | transportation, or testing
of such weapons or ammunition. | ||||||
21 | This exemption does not authorize the
general private | ||||||
22 | possession of any weapon from which 8 or more
shots or | ||||||
23 | bullets can be discharged by a single function of the | ||||||
24 | firing
device, but only such possession and activities as | ||||||
25 | are within the lawful
scope of a licensed manufacturing | ||||||
26 | business described in this paragraph.
|
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| |||||||
1 | During transportation, such weapons shall be broken | ||||||
2 | down in a
non-functioning state or not immediately | ||||||
3 | accessible.
| ||||||
4 | (6) The manufacture, transport, testing, delivery, | ||||||
5 | transfer or sale,
and all lawful commercial or experimental | ||||||
6 | activities necessary thereto, of
rifles, shotguns, and | ||||||
7 | weapons made from rifles or shotguns,
or ammunition for | ||||||
8 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
9 | person operating as a contractor or subcontractor pursuant | ||||||
10 | to a
contract or subcontract for the development and supply | ||||||
11 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
12 | United States government or any
branch of the Armed Forces | ||||||
13 | of the United States, when such activities are
necessary | ||||||
14 | and incident to fulfilling the terms of such contract.
| ||||||
15 | The exemption granted under this subdivision (c)(6)
| ||||||
16 | shall also apply to any authorized agent of any such | ||||||
17 | contractor or
subcontractor who is operating within the | ||||||
18 | scope of his employment, where
such activities involving | ||||||
19 | such weapon, weapons or ammunition are necessary
and | ||||||
20 | incident to fulfilling the terms of such contract.
| ||||||
21 | (7) A person possessing a rifle with a barrel or | ||||||
22 | barrels less than 16 inches in length if: (A) the person | ||||||
23 | has been issued a Curios and Relics license from the U.S. | ||||||
24 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
25 | the person is an active member of a bona fide, nationally | ||||||
26 | recognized military re-enacting group and the modification |
| |||||||
| |||||||
1 | is required and necessary to accurately portray the weapon | ||||||
2 | for historical re-enactment purposes; the re-enactor is in | ||||||
3 | possession of a valid and current re-enacting group | ||||||
4 | membership credential; and the overall length of the weapon | ||||||
5 | as modified is not less than 26 inches. | ||||||
6 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
7 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
8 | officer.
| ||||||
9 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
10 | manager or
authorized employee of any place specified in that | ||||||
11 | subsection nor to any
law enforcement officer.
| ||||||
12 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
13 | Section 24-1.6
do not apply
to members of any club or | ||||||
14 | organization organized for the purpose of practicing
shooting | ||||||
15 | at targets upon established target ranges, whether public or | ||||||
16 | private,
while using their firearms on those target ranges.
| ||||||
17 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
18 | to:
| ||||||
19 | (1) Members of the Armed Services or Reserve Forces of | ||||||
20 | the United
States or the Illinois National Guard, while in | ||||||
21 | the performance of their
official duty.
| ||||||
22 | (2) Bonafide collectors of antique or surplus military | ||||||
23 | ordnance.
| ||||||
24 | (3) Laboratories having a department of forensic | ||||||
25 | ballistics, or
specializing in the development of | ||||||
26 | ammunition or explosive ordnance.
|
| |||||||
| |||||||
1 | (4) Commerce, preparation, assembly or possession of | ||||||
2 | explosive
bullets by manufacturers of ammunition licensed | ||||||
3 | by the federal government,
in connection with the supply of | ||||||
4 | those organizations and persons exempted
by subdivision | ||||||
5 | (g)(1) of this Section, or like organizations and persons
| ||||||
6 | outside this State, or the transportation of explosive | ||||||
7 | bullets to any
organization or person exempted in this | ||||||
8 | Section by a common carrier or by a
vehicle owned or leased | ||||||
9 | by an exempted manufacturer.
| ||||||
10 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
11 | persons licensed
under federal law to manufacture any device or | ||||||
12 | attachment of any kind designed,
used, or intended for use in | ||||||
13 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
14 | for those firearms equipped with those devices, and actually | ||||||
15 | engaged in the
business of manufacturing those devices, | ||||||
16 | firearms, or ammunition, but only with
respect to
activities | ||||||
17 | that are within the lawful scope of that business, such as the
| ||||||
18 | manufacture, transportation, or testing of those devices, | ||||||
19 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
20 | general private possession of any device or
attachment of any | ||||||
21 | kind designed, used, or intended for use in silencing the
| ||||||
22 | report of any firearm, but only such possession and activities | ||||||
23 | as are within
the
lawful scope of a licensed manufacturing | ||||||
24 | business described in this subsection
(g-5). During | ||||||
25 | transportation, these devices shall be detached from any weapon
| ||||||
26 | or
not immediately accessible.
|
| |||||||
| |||||||
1 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
2 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
3 | supervisor who meets the qualifications and conditions | ||||||
4 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
5 | Corrections. | ||||||
6 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
7 | officer while serving as a member of a tactical response team | ||||||
8 | or special operations team. A peace officer may not personally | ||||||
9 | own or apply for ownership of a device or attachment of any | ||||||
10 | kind designed, used, or intended for use in silencing the | ||||||
11 | report of any firearm. These devices shall be owned and | ||||||
12 | maintained by lawfully recognized units of government whose | ||||||
13 | duties include the investigation of criminal acts. | ||||||
14 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
15 | 24-1.6 do not apply to, or affect, any currently-employed or | ||||||
16 | qualified-retired county correctional officer or probation | ||||||
17 | officer, employed or retired from, a county of 3,000,000 or | ||||||
18 | more inhabitants who meets the qualifications and conditions | ||||||
19 | prescribed in Section 17.1 of the Probation and Probation | ||||||
20 | Officers Act or Section 26.1 of the
County Jail Act. | ||||||
21 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
22 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
23 | athlete's possession, transport on official Olympic and | ||||||
24 | Paralympic transit systems established for athletes, or use of | ||||||
25 | competition firearms sanctioned by the International Olympic | ||||||
26 | Committee, the International Paralympic Committee, the |
| |||||||
| |||||||
1 | International Shooting Sport Federation, or USA Shooting in | ||||||
2 | connection with such athlete's training for and participation | ||||||
3 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
4 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
5 | and Paralympic Games. | ||||||
6 | (h) An information or indictment based upon a violation of | ||||||
7 | any
subsection of this Article need not negative any exemptions | ||||||
8 | contained in
this Article. The defendant shall have the burden | ||||||
9 | of proving such an
exemption.
| ||||||
10 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
11 | affect
the transportation, carrying, or possession, of any | ||||||
12 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
13 | to a common carrier operating
under license of the State of | ||||||
14 | Illinois or the federal government, where
such transportation, | ||||||
15 | carrying, or possession is incident to the lawful
| ||||||
16 | transportation in which such common carrier is engaged; and | ||||||
17 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
18 | transportation, carrying,
or possession of any pistol, | ||||||
19 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
20 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
21 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
22 | carrying box, shipping box, or other container, by the | ||||||
23 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
24 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
| ||||||
25 | Section 10. The Probation and Probation Officers Act is |
| |||||||
| |||||||
1 | amended by changing Section 17 and by adding Section 17.1 as | ||||||
2 | follows: | ||||||
3 | (730 ILCS 110/17) | ||||||
4 | Sec. 17. Authorization to carry weapons. Except as | ||||||
5 | otherwise provided in Section 17.1, probation Probation
| ||||||
6 | officers may only carry weapons while in the performance of
| ||||||
7 | their official duties, or while commuting between their homes,
| ||||||
8 | places of employment, or specific locations that are part of
| ||||||
9 | their assigned duties, provided they have received the prior
| ||||||
10 | consent of the Chief Judge of the Circuit Court for which they
| ||||||
11 | are employed, and they have received weapons training according
| ||||||
12 | to requirements of the Peace Officer and Probation Officer | ||||||
13 | Firearm Training Act.
| ||||||
14 | (Source: P.A. 98-725, eff. 1-1-15 .) | ||||||
15 | (730 ILCS 110/17.1 new) | ||||||
16 | Sec. 17.1. Probation officers in a county of 3,000,000 or | ||||||
17 | more inhabitants; off-duty firearms. | ||||||
18 | (a) In this Section: | ||||||
19 | "Adult probationer" means a person who committed an | ||||||
20 | offense on or after his or her 18th birthday and who has | ||||||
21 | been placed on probation for that offense. | ||||||
22 | "County probation officer" means an employee of a | ||||||
23 | county probation department in a county of 3,000,000 or | ||||||
24 | more inhabitant within this State who has charge over adult |
| |||||||
| |||||||
1 | probationers. | ||||||
2 | "Qualified-retired county probation officer" means a | ||||||
3 | former county probation officer who: | ||||||
4 | (1) was separated from service with the county | ||||||
5 | probation department in good standing; | ||||||
6 | (2) before the separation, was appointed as a | ||||||
7 | probation officer under the Probation and Probation | ||||||
8 | Officers Act; | ||||||
9 | (3) before the separation, served as a county | ||||||
10 | probation officer for an aggregate of 10 years or more; | ||||||
11 | (4) has not either: | ||||||
12 | (A) been officially found, as the chief county | ||||||
13 | probation officer shall by rule provide, by a | ||||||
14 | qualified medical professional employed by the | ||||||
15 | chief county probation officer to be unqualified | ||||||
16 | for reasons relating to mental health and as a | ||||||
17 | result of this finding will not be issued the | ||||||
18 | photographic identification as described in | ||||||
19 | paragraph (5) of subsection (b) of this Section; or | ||||||
20 | (B) entered into an agreement with the county | ||||||
21 | probation department from which the individual is | ||||||
22 | separated from service in which that individual | ||||||
23 | acknowledges he or she is not qualified under this | ||||||
24 | Section for reasons relating to mental health and | ||||||
25 | for those reasons will not receive or accept the | ||||||
26 | photographic identification as described in |
| |||||||
| |||||||
1 | paragraph (5) of subsection (b) of this Section; | ||||||
2 | (5) is not under the influence of alcohol or any | ||||||
3 | other intoxicating or hallucinatory drug or substance; | ||||||
4 | and | ||||||
5 | (6) is not prohibited by State or federal law from | ||||||
6 | receiving a firearm. | ||||||
7 | (b) Paragraphs (4) and (10) of subsection (a) of Section | ||||||
8 | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not | ||||||
9 | apply to currently-employed or qualified-retired county | ||||||
10 | probation officers who meet the
following conditions: | ||||||
11 | (1) The currently-employed or qualified-retired county
| ||||||
12 | probation officer must receive training in the use of
| ||||||
13 | firearms while off-duty conducted by the Illinois Law
| ||||||
14 | Enforcement Training Standards Board and be certified as
| ||||||
15 | having successfully completed the training by the Board.
| ||||||
16 | The Board shall determine the amount of the training and | ||||||
17 | the course content for the training. The | ||||||
18 | currently-employed or qualified-retired county probation | ||||||
19 | officer shall
requalify for the firearms training annually | ||||||
20 | at a State
range certified by the Illinois Law Enforcement | ||||||
21 | Training Standards Board. The expenses of the retraining | ||||||
22 | shall be
paid by the currently-employed or | ||||||
23 | qualified-retired county probation officer and moneys for | ||||||
24 | the costs of the
requalification shall be expended at the | ||||||
25 | request of the Illinois Law Enforcement Training Standards | ||||||
26 | Board. |
| |||||||
| |||||||
1 | (2) The currently-employed or qualified-retired county | ||||||
2 | probation officer shall purchase the firearm at his or her | ||||||
3 | own expense and shall register the firearm with the | ||||||
4 | Department of State Police and with any other local law | ||||||
5 | enforcement agencies that require the registration. | ||||||
6 | (3) The currently-employed or qualified-retired county | ||||||
7 | probation officer may not carry any county probation | ||||||
8 | department-issued firearm while off-duty. A person who
| ||||||
9 | violates this paragraph (3) is subject to disciplinary
| ||||||
10 | action by the chief county probation officer. | ||||||
11 | (4) County probation officers who are or were
| ||||||
12 | discharged from employment by the chief county probation | ||||||
13 | officer shall no
longer be considered probation officers | ||||||
14 | and all
their rights as probation officers shall be revoked
| ||||||
15 | permanently. | ||||||
16 | (5) The currently-employed or qualified-retired county | ||||||
17 | probation officer shall carry a photographic | ||||||
18 | identification issued by his or her agency identifying him | ||||||
19 | or her as a currently-employed or qualified-retired county | ||||||
20 | probation officer while carrying a firearm off-duty, along | ||||||
21 | with a valid annual firearm certificate issued by the | ||||||
22 | Illinois Law Enforcement Training Standards Board stating | ||||||
23 | that he or she is qualified to carry a concealed weapon. | ||||||
24 | Section 15. The County Jail Act is amended by adding | ||||||
25 | Section 26.1 as follows: |
| |||||||
| |||||||
1 | (730 ILCS 125/26.1 new) | ||||||
2 | Sec. 26.1. County correctional officers in a county of | ||||||
3 | 3,000,000 or more inhabitants; off-duty firearms. | ||||||
4 | (a) In this Section: | ||||||
5 | "County correctional officer" means an employee of a county | ||||||
6 | sheriff's office in a county of 3,000,000 or more inhabitants | ||||||
7 | within this State or a county department of corrections in a | ||||||
8 | county of 3,000,000 or more inhabitants within this State who | ||||||
9 | has custody and control over adult inmates in a county jail. | ||||||
10 | "Qualified-retired county correctional officer" means a | ||||||
11 | former county correctional officer who: | ||||||
12 | (1) was separated from service with the county | ||||||
13 | sheriff's office in good standing; | ||||||
14 | (2) before the separation, was authorized by law to | ||||||
15 | engage in or supervise the activities of prevention, | ||||||
16 | detection, investigation, prosecution, or incarceration of | ||||||
17 | any person for any violation of law; | ||||||
18 | (3) before the separation, served as a county | ||||||
19 | correctional officer for an aggregate of 10 years or more; | ||||||
20 | (4) has not either: | ||||||
21 | (A) been officially found, as the county sheriff | ||||||
22 | shall by rule provide, by a qualified medical | ||||||
23 | professional employed by the county sheriff to be | ||||||
24 | unqualified for reasons relating to mental health and | ||||||
25 | as a result of this finding will not be issued the |
| |||||||
| |||||||
1 | photographic identification as described in paragraph | ||||||
2 | (5) of subsection (b) of this Section; or | ||||||
3 | (B) entered into an agreement with the county | ||||||
4 | sheriff's office from which the individual is | ||||||
5 | separated form service in which that individual | ||||||
6 | acknowledges he or she is not qualified under this | ||||||
7 | Section for reasons relating to mental health and for | ||||||
8 | those reasons will not receive or accept the | ||||||
9 | photographic identification as described in paragraph | ||||||
10 | (5) of subsection (b) of this Section; | ||||||
11 | (5) is not under the influence of alcohol or any other | ||||||
12 | intoxicating or hallucinatory drug or substance; and | ||||||
13 | (6) is not prohibited by State or federal law from | ||||||
14 | receiving a firearm. | ||||||
15 | (b) Paragraphs (4) and (10) of subsection (a) of Section | ||||||
16 | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not | ||||||
17 | apply to currently-employed or qualified-retired county | ||||||
18 | correctional officers who meet the
following conditions: | ||||||
19 | (1) The currently-employed or qualified-retired county
| ||||||
20 | correctional officer must receive training in the use of
| ||||||
21 | firearms while off-duty conducted by the Illinois Law
| ||||||
22 | Enforcement Training Standards Board and be certified as
| ||||||
23 | having successfully completed the training by the Board.
| ||||||
24 | The Board shall determine the amount of the training and | ||||||
25 | the course content for the training. The | ||||||
26 | currently-employed or qualified-retired county |
| |||||||
| |||||||
1 | correctional officer shall
requalify for the firearms | ||||||
2 | training annually at a State
range certified by the | ||||||
3 | Illinois Law Enforcement Training Standards Board. The | ||||||
4 | expenses of the retraining shall be
paid by the | ||||||
5 | currently-employed or qualified-retired county | ||||||
6 | correctional officer and moneys for the costs of the
| ||||||
7 | requalification shall be expended at the request of the | ||||||
8 | Illinois Law Enforcement Training Standards Board. | ||||||
9 | (2) The currently-employed or qualified-retired county | ||||||
10 | correctional officer shall purchase the firearm at his or | ||||||
11 | her own expense and shall register the firearm with the | ||||||
12 | Department of State Police and with any other local law | ||||||
13 | enforcement agencies that require the registration. | ||||||
14 | (3) The currently-employed or qualified-retired county | ||||||
15 | correctional officer may not carry any county | ||||||
16 | sheriff-issued firearm while off-duty. A person who
| ||||||
17 | violates this paragraph (3) is subject to disciplinary
| ||||||
18 | action by the county sheriff. | ||||||
19 | (4) County correctional officers who are or were
| ||||||
20 | discharged from employment by the county sheriff shall no
| ||||||
21 | longer be considered law enforcement officials and all
| ||||||
22 | their rights as law enforcement officials shall be revoked
| ||||||
23 | permanently. | ||||||
24 | (5) The currently-employed or qualified-retired county | ||||||
25 | correctional officer shall carry a photographic | ||||||
26 | identification issued by his or her agency identifying him |
| |||||||
| |||||||
1 | or her as a currently-employed or qualified-retired county | ||||||
2 | correctional officer while carrying a firearm off-duty, | ||||||
3 | along with a valid annual firearm certificate issued by the | ||||||
4 | Illinois Law Enforcement Training Standards Board stating | ||||||
5 | that he or she is qualified to carry a concealed weapon.
|