|
| | HB5805 | - 2 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (d) Information and records held by the Department of |
2 | | Public Health and its authorized representatives relating |
3 | | to known or suspected cases of sexually transmissible |
4 | | disease or any information the disclosure of which is |
5 | | restricted under the Illinois Sexually Transmissible |
6 | | Disease Control Act. |
7 | | (e) Information the disclosure of which is exempted |
8 | | under Section 30 of the Radon Industry Licensing Act. |
9 | | (f) Firm performance evaluations under Section 55 of |
10 | | the Architectural, Engineering, and Land Surveying |
11 | | Qualifications Based Selection Act. |
12 | | (g) Information the disclosure of which is restricted |
13 | | and exempted under Section 50 of the Illinois Prepaid |
14 | | Tuition Act. |
15 | | (h) Information the disclosure of which is exempted |
16 | | under the State Officials and Employees Ethics Act, and |
17 | | records of any lawfully created State or local inspector |
18 | | general's office that would be exempt if created or |
19 | | obtained by an Executive Inspector General's office under |
20 | | that Act. |
21 | | (i) Information contained in a local emergency energy |
22 | | plan submitted to a municipality in accordance with a local |
23 | | emergency energy plan ordinance that is adopted under |
24 | | Section 11-21.5-5 of the Illinois Municipal Code. |
25 | | (j) Information and data concerning the distribution |
26 | | of surcharge moneys collected and remitted by carriers |
|
| | HB5805 | - 3 - | LRB100 16869 SLF 32010 b |
|
|
1 | | under the Emergency Telephone System Act. |
2 | | (k) Law enforcement officer identification information |
3 | | or driver identification information compiled by a law |
4 | | enforcement agency or the Department of Transportation |
5 | | under Section 11-212 of the Illinois Vehicle Code. |
6 | | (l) Records and information provided to a residential |
7 | | health care facility resident sexual assault and death |
8 | | review team or the Executive Council under the Abuse |
9 | | Prevention Review Team Act. |
10 | | (m) Information provided to the predatory lending |
11 | | database created pursuant to Article 3 of the Residential |
12 | | Real Property Disclosure Act, except to the extent |
13 | | authorized under that Article. |
14 | | (n) Defense budgets and petitions for certification of |
15 | | compensation and expenses for court appointed trial |
16 | | counsel as provided under Sections 10 and 15 of the Capital |
17 | | Crimes Litigation Act. This subsection (n) shall apply |
18 | | until the conclusion of the trial of the case, even if the |
19 | | prosecution chooses not to pursue the death penalty prior |
20 | | to trial or sentencing. |
21 | | (o) Information that is prohibited from being |
22 | | disclosed under Section 4 of the Illinois Health and |
23 | | Hazardous Substances Registry Act. |
24 | | (p) Security portions of system safety program plans, |
25 | | investigation reports, surveys, schedules, lists, data, or |
26 | | information compiled, collected, or prepared by or for the |
|
| | HB5805 | - 4 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Regional Transportation Authority under Section 2.11 of |
2 | | the Regional Transportation Authority Act or the St. Clair |
3 | | County Transit District under the Bi-State Transit Safety |
4 | | Act. |
5 | | (q) Information prohibited from being disclosed by the |
6 | | Personnel Records Review Act. |
7 | | (r) Information prohibited from being disclosed by the |
8 | | Illinois School Student Records Act. |
9 | | (s) Information the disclosure of which is restricted |
10 | | under Section 5-108 of the Public Utilities Act.
|
11 | | (t) All identified or deidentified health information |
12 | | in the form of health data or medical records contained in, |
13 | | stored in, submitted to, transferred by, or released from |
14 | | the Illinois Health Information Exchange, and identified |
15 | | or deidentified health information in the form of health |
16 | | data and medical records of the Illinois Health Information |
17 | | Exchange in the possession of the Illinois Health |
18 | | Information Exchange Authority due to its administration |
19 | | of the Illinois Health Information Exchange. The terms |
20 | | "identified" and "deidentified" shall be given the same |
21 | | meaning as in the Health Insurance Portability and |
22 | | Accountability Act of 1996, Public Law 104-191, or any |
23 | | subsequent amendments thereto, and any regulations |
24 | | promulgated thereunder. |
25 | | (u) Records and information provided to an independent |
26 | | team of experts under Brian's Law. |
|
| | HB5805 | - 5 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (v) Names and information of people who have applied |
2 | | for or received Firearm Owner's Identification Cards under |
3 | | the Firearm Owners Identification Card Act before the |
4 | | effective date of this amendatory Act of the 100th General |
5 | | Assembly or applied for or received a concealed carry |
6 | | license under the Firearm Concealed Carry Act, unless |
7 | | otherwise authorized by the Firearm Concealed Carry Act; |
8 | | and databases under the Firearm Concealed Carry Act, |
9 | | records of the Concealed Carry Licensing Review Board under |
10 | | the Firearm Concealed Carry Act, and law enforcement agency |
11 | | objections under the Firearm Concealed Carry Act. |
12 | | (w) Personally identifiable information which is |
13 | | exempted from disclosure under subsection (g) of Section |
14 | | 19.1 of the Toll Highway Act. |
15 | | (x) Information which is exempted from disclosure |
16 | | under Section 5-1014.3 of the Counties Code or Section |
17 | | 8-11-21 of the Illinois Municipal Code. |
18 | | (y) Confidential information under the Adult |
19 | | Protective Services Act and its predecessor enabling |
20 | | statute, the Elder Abuse and Neglect Act, including |
21 | | information about the identity and administrative finding |
22 | | against any caregiver of a verified and substantiated |
23 | | decision of abuse, neglect, or financial exploitation of an |
24 | | eligible adult maintained in the Registry established |
25 | | under Section 7.5 of the Adult Protective Services Act. |
26 | | (z) Records and information provided to a fatality |
|
| | HB5805 | - 6 - | LRB100 16869 SLF 32010 b |
|
|
1 | | review team or the Illinois Fatality Review Team Advisory |
2 | | Council under Section 15 of the Adult Protective Services |
3 | | Act. |
4 | | (aa) Information which is exempted from disclosure |
5 | | under Section 2.37 of the Wildlife Code. |
6 | | (bb) Information which is or was prohibited from |
7 | | disclosure by the Juvenile Court Act of 1987. |
8 | | (cc) Recordings made under the Law Enforcement |
9 | | Officer-Worn Body Camera Act, except to the extent |
10 | | authorized under that Act. |
11 | | (dd) Information that is prohibited from being |
12 | | disclosed under Section 45 of the Condominium and Common |
13 | | Interest Community Ombudsperson Act. |
14 | | (ee) Information that is exempted from disclosure |
15 | | under Section 30.1 of the Pharmacy Practice Act. |
16 | | (ff) Information that is exempted from disclosure |
17 | | under the Revised Uniform Unclaimed Property Act. |
18 | | (gg) (ff) Information that is prohibited from being |
19 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
20 | | Code. |
21 | | (hh) (ff) Records that are exempt from disclosure under |
22 | | Section 1A-16.7 of the Election Code. |
23 | | (ii) (ff) Information which is exempted from |
24 | | disclosure under Section 2505-800 of the Department of |
25 | | Revenue Law of the Civil Administrative Code of Illinois. |
26 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
|
| | HB5805 | - 7 - | LRB100 16869 SLF 32010 b |
|
|
1 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
2 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
3 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
4 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) |
5 | | (Text of Section after amendment by P.A. 100-517 but before |
6 | | amendment by P.A. 100-512 ) |
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 |
24 | | to known or suspected cases of sexually transmissible |
25 | | disease or any information the disclosure of which is |
|
| | HB5805 | - 8 - | LRB100 16869 SLF 32010 b |
|
|
1 | | restricted under the Illinois Sexually Transmissible |
2 | | Disease Control Act. |
3 | | (e) Information the disclosure of which is exempted |
4 | | under Section 30 of the Radon Industry Licensing Act. |
5 | | (f) Firm performance evaluations under Section 55 of |
6 | | the Architectural, Engineering, and Land Surveying |
7 | | Qualifications Based Selection Act. |
8 | | (g) Information the disclosure of which is restricted |
9 | | and exempted under Section 50 of the Illinois Prepaid |
10 | | Tuition Act. |
11 | | (h) Information the disclosure of which is exempted |
12 | | under the State Officials and Employees Ethics Act, and |
13 | | records of any lawfully created State or local inspector |
14 | | general's office that would be exempt if created or |
15 | | obtained by an Executive Inspector General's office under |
16 | | that Act. |
17 | | (i) Information contained in a local emergency energy |
18 | | plan submitted to a municipality in accordance with a local |
19 | | emergency energy plan ordinance that is adopted under |
20 | | Section 11-21.5-5 of the Illinois Municipal Code. |
21 | | (j) Information and data concerning the distribution |
22 | | of surcharge moneys collected and remitted by carriers |
23 | | under the Emergency Telephone System Act. |
24 | | (k) Law enforcement officer identification information |
25 | | or driver identification information compiled by a law |
26 | | enforcement agency or the Department of Transportation |
|
| | HB5805 | - 9 - | LRB100 16869 SLF 32010 b |
|
|
1 | | under Section 11-212 of the Illinois Vehicle Code. |
2 | | (l) Records and information provided to a residential |
3 | | health care facility resident sexual assault and death |
4 | | review team or the Executive Council under the Abuse |
5 | | Prevention Review Team Act. |
6 | | (m) Information provided to the predatory lending |
7 | | database created pursuant to Article 3 of the Residential |
8 | | Real Property Disclosure Act, except to the extent |
9 | | authorized under that Article. |
10 | | (n) Defense budgets and petitions for certification of |
11 | | compensation and expenses for court appointed trial |
12 | | counsel as provided under Sections 10 and 15 of the Capital |
13 | | Crimes Litigation Act. This subsection (n) shall apply |
14 | | until the conclusion of the trial of the case, even if the |
15 | | prosecution chooses not to pursue the death penalty prior |
16 | | to trial or sentencing. |
17 | | (o) Information that is prohibited from being |
18 | | disclosed under Section 4 of the Illinois Health and |
19 | | Hazardous Substances Registry Act. |
20 | | (p) Security portions of system safety program plans, |
21 | | investigation reports, surveys, schedules, lists, data, or |
22 | | information compiled, collected, or prepared by or for the |
23 | | Regional Transportation Authority under Section 2.11 of |
24 | | the Regional Transportation Authority Act or the St. Clair |
25 | | County Transit District under the Bi-State Transit Safety |
26 | | Act. |
|
| | HB5805 | - 10 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (q) Information prohibited from being disclosed by the |
2 | | Personnel Records Review Act. |
3 | | (r) Information prohibited from being disclosed by the |
4 | | Illinois School Student Records Act. |
5 | | (s) Information the disclosure of which is restricted |
6 | | under Section 5-108 of the Public Utilities Act.
|
7 | | (t) All identified or deidentified health information |
8 | | in the form of health data or medical records contained in, |
9 | | stored in, submitted to, transferred by, or released from |
10 | | the Illinois Health Information Exchange, and identified |
11 | | or deidentified health information in the form of health |
12 | | data and medical records of the Illinois Health Information |
13 | | Exchange in the possession of the Illinois Health |
14 | | Information Exchange Authority due to its administration |
15 | | of the Illinois Health Information Exchange. The terms |
16 | | "identified" and "deidentified" shall be given the same |
17 | | meaning as in the Health Insurance Portability and |
18 | | Accountability Act of 1996, Public Law 104-191, or any |
19 | | subsequent amendments thereto, and any regulations |
20 | | promulgated thereunder. |
21 | | (u) Records and information provided to an independent |
22 | | team of experts under Brian's Law. |
23 | | (v) Names and information of people who have applied |
24 | | for or received Firearm Owner's Identification Cards under |
25 | | the Firearm Owners Identification Card Act before the |
26 | | effective date of this amendatory Act of the 100th General |
|
| | HB5805 | - 11 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Assembly or applied for or received a concealed carry |
2 | | license under the Firearm Concealed Carry Act, unless |
3 | | otherwise authorized by the Firearm Concealed Carry Act; |
4 | | and databases under the Firearm Concealed Carry Act, |
5 | | records of the Concealed Carry Licensing Review Board under |
6 | | the Firearm Concealed Carry Act, and law enforcement agency |
7 | | objections under the Firearm Concealed Carry Act. |
8 | | (w) Personally identifiable information which is |
9 | | exempted from disclosure under subsection (g) of Section |
10 | | 19.1 of the Toll Highway Act. |
11 | | (x) Information which is exempted from disclosure |
12 | | under Section 5-1014.3 of the Counties Code or Section |
13 | | 8-11-21 of the Illinois Municipal Code. |
14 | | (y) Confidential information under the Adult |
15 | | Protective Services Act and its predecessor enabling |
16 | | statute, the Elder Abuse and Neglect Act, including |
17 | | information about the identity and administrative finding |
18 | | against any caregiver of a verified and substantiated |
19 | | decision of abuse, neglect, or financial exploitation of an |
20 | | eligible adult maintained in the Registry established |
21 | | under Section 7.5 of the Adult Protective Services Act. |
22 | | (z) Records and information provided to a fatality |
23 | | review team or the Illinois Fatality Review Team Advisory |
24 | | Council under Section 15 of the Adult Protective Services |
25 | | Act. |
26 | | (aa) Information which is exempted from disclosure |
|
| | HB5805 | - 12 - | LRB100 16869 SLF 32010 b |
|
|
1 | | under Section 2.37 of the Wildlife Code. |
2 | | (bb) Information which is or was prohibited from |
3 | | disclosure by the Juvenile Court Act of 1987. |
4 | | (cc) Recordings made under the Law Enforcement |
5 | | Officer-Worn Body Camera Act, except to the extent |
6 | | authorized under that Act. |
7 | | (dd) Information that is prohibited from being |
8 | | disclosed under Section 45 of the Condominium and Common |
9 | | Interest Community Ombudsperson Act. |
10 | | (ee) Information that is exempted from disclosure |
11 | | under Section 30.1 of the Pharmacy Practice Act. |
12 | | (ff) Information that is exempted from disclosure |
13 | | under the Revised Uniform Unclaimed Property Act. |
14 | | (gg) (ff) Information that is prohibited from being |
15 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
16 | | Code. |
17 | | (hh) (ff) Records that are exempt from disclosure under |
18 | | Section 1A-16.7 of the Election Code. |
19 | | (ii) (ff) Information which is exempted from |
20 | | disclosure under Section 2505-800 of the Department of |
21 | | Revenue Law of the Civil Administrative Code of Illinois. |
22 | | (jj) (ff) Information and reports that are required to |
23 | | be submitted to the Department of Labor by registering day |
24 | | and temporary labor service agencies but are exempt from |
25 | | disclosure under subsection (a-1) of Section 45 of the Day |
26 | | and Temporary Labor Services Act. |
|
| | HB5805 | - 13 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
2 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
3 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
4 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
5 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised |
6 | | 11-2-17.) |
7 | | (Text of Section after amendment by P.A. 100-512 ) |
8 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
9 | | by the statutes referenced below, the following shall be exempt |
10 | | from inspection and copying: |
11 | | (a) All information determined to be confidential |
12 | | under Section 4002 of the Technology Advancement and |
13 | | Development Act. |
14 | | (b) Library circulation and order records identifying |
15 | | library users with specific materials under the Library |
16 | | Records Confidentiality Act. |
17 | | (c) Applications, related documents, and medical |
18 | | records received by the Experimental Organ Transplantation |
19 | | Procedures Board and any and all documents or other records |
20 | | prepared by the Experimental Organ Transplantation |
21 | | Procedures Board or its staff relating to applications it |
22 | | has received. |
23 | | (d) Information and records held by the Department of |
24 | | Public Health and its authorized representatives relating |
25 | | to known or suspected cases of sexually transmissible |
|
| | HB5805 | - 14 - | LRB100 16869 SLF 32010 b |
|
|
1 | | disease or any information the disclosure of which is |
2 | | restricted under the Illinois Sexually Transmissible |
3 | | Disease Control Act. |
4 | | (e) Information the disclosure of which is exempted |
5 | | under Section 30 of the Radon Industry Licensing Act. |
6 | | (f) Firm performance evaluations under Section 55 of |
7 | | the Architectural, Engineering, and Land Surveying |
8 | | Qualifications Based Selection Act. |
9 | | (g) Information the disclosure of which is restricted |
10 | | and exempted under Section 50 of the Illinois Prepaid |
11 | | Tuition Act. |
12 | | (h) Information the disclosure of which is exempted |
13 | | under the State Officials and Employees Ethics Act, and |
14 | | records of any lawfully created State or local inspector |
15 | | general's office that would be exempt if created or |
16 | | obtained by an Executive Inspector General's office under |
17 | | that Act. |
18 | | (i) Information contained in a local emergency energy |
19 | | plan submitted to a municipality in accordance with a local |
20 | | emergency energy plan ordinance that is adopted under |
21 | | Section 11-21.5-5 of the Illinois Municipal Code. |
22 | | (j) Information and data concerning the distribution |
23 | | of surcharge moneys collected and remitted by carriers |
24 | | under the Emergency Telephone System Act. |
25 | | (k) Law enforcement officer identification information |
26 | | or driver identification information compiled by a law |
|
| | HB5805 | - 15 - | LRB100 16869 SLF 32010 b |
|
|
1 | | enforcement agency or the Department of Transportation |
2 | | under Section 11-212 of the Illinois Vehicle Code. |
3 | | (l) Records and information provided to a residential |
4 | | health care facility resident sexual assault and death |
5 | | review team or the Executive Council under the Abuse |
6 | | Prevention Review Team Act. |
7 | | (m) Information provided to the predatory lending |
8 | | database created pursuant to Article 3 of the Residential |
9 | | Real Property Disclosure Act, except to the extent |
10 | | authorized under that Article. |
11 | | (n) Defense budgets and petitions for certification of |
12 | | compensation and expenses for court appointed trial |
13 | | counsel as provided under Sections 10 and 15 of the Capital |
14 | | Crimes Litigation Act. This subsection (n) shall apply |
15 | | until the conclusion of the trial of the case, even if the |
16 | | prosecution chooses not to pursue the death penalty prior |
17 | | to trial or sentencing. |
18 | | (o) Information that is prohibited from being |
19 | | disclosed under Section 4 of the Illinois Health and |
20 | | Hazardous Substances Registry Act. |
21 | | (p) Security portions of system safety program plans, |
22 | | investigation reports, surveys, schedules, lists, data, or |
23 | | information compiled, collected, or prepared by or for the |
24 | | Regional Transportation Authority under Section 2.11 of |
25 | | the Regional Transportation Authority Act or the St. Clair |
26 | | County Transit District under the Bi-State Transit Safety |
|
| | HB5805 | - 16 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Act. |
2 | | (q) Information prohibited from being disclosed by the |
3 | | Personnel Records Review Act. |
4 | | (r) Information prohibited from being disclosed by the |
5 | | Illinois School Student Records Act. |
6 | | (s) Information the disclosure of which is restricted |
7 | | under Section 5-108 of the Public Utilities Act.
|
8 | | (t) All identified or deidentified health information |
9 | | in the form of health data or medical records contained in, |
10 | | stored in, submitted to, transferred by, or released from |
11 | | the Illinois Health Information Exchange, and identified |
12 | | or deidentified health information in the form of health |
13 | | data and medical records of the Illinois Health Information |
14 | | Exchange in the possession of the Illinois Health |
15 | | Information Exchange Authority due to its administration |
16 | | of the Illinois Health Information Exchange. The terms |
17 | | "identified" and "deidentified" shall be given the same |
18 | | meaning as in the Health Insurance Portability and |
19 | | Accountability Act of 1996, Public Law 104-191, or any |
20 | | subsequent amendments thereto, and any regulations |
21 | | promulgated thereunder. |
22 | | (u) Records and information provided to an independent |
23 | | team of experts under Brian's Law. |
24 | | (v) Names and information of people who have applied |
25 | | for or received Firearm Owner's Identification Cards under |
26 | | the Firearm Owners Identification Card Act before the |
|
| | HB5805 | - 17 - | LRB100 16869 SLF 32010 b |
|
|
1 | | effective date of this amendatory Act of the 100th General |
2 | | Assembly or applied for or received a concealed carry |
3 | | license under the Firearm Concealed Carry Act, unless |
4 | | otherwise authorized by the Firearm Concealed Carry Act; |
5 | | and databases under the Firearm Concealed Carry Act, |
6 | | records of the Concealed Carry Licensing Review Board under |
7 | | the Firearm Concealed Carry Act, and law enforcement agency |
8 | | objections under the Firearm Concealed Carry Act. |
9 | | (w) Personally identifiable information which is |
10 | | exempted from disclosure under subsection (g) of Section |
11 | | 19.1 of the Toll Highway Act. |
12 | | (x) Information which is exempted from disclosure |
13 | | under Section 5-1014.3 of the Counties Code or Section |
14 | | 8-11-21 of the Illinois Municipal Code. |
15 | | (y) Confidential information under the Adult |
16 | | Protective Services Act and its predecessor enabling |
17 | | statute, the Elder Abuse and Neglect Act, including |
18 | | information about the identity and administrative finding |
19 | | against any caregiver of a verified and substantiated |
20 | | decision of abuse, neglect, or financial exploitation of an |
21 | | eligible adult maintained in the Registry established |
22 | | under Section 7.5 of the Adult Protective Services Act. |
23 | | (z) Records and information provided to a fatality |
24 | | review team or the Illinois Fatality Review Team Advisory |
25 | | Council under Section 15 of the Adult Protective Services |
26 | | Act. |
|
| | HB5805 | - 18 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (aa) Information which is exempted from disclosure |
2 | | under Section 2.37 of the Wildlife Code. |
3 | | (bb) Information which is or was prohibited from |
4 | | disclosure by the Juvenile Court Act of 1987. |
5 | | (cc) Recordings made under the Law Enforcement |
6 | | Officer-Worn Body Camera Act, except to the extent |
7 | | authorized under that Act. |
8 | | (dd) Information that is prohibited from being |
9 | | disclosed under Section 45 of the Condominium and Common |
10 | | Interest Community Ombudsperson Act. |
11 | | (ee) Information that is exempted from disclosure |
12 | | under Section 30.1 of the Pharmacy Practice Act. |
13 | | (ff) Information that is exempted from disclosure |
14 | | under the Revised Uniform Unclaimed Property Act. |
15 | | (gg) (ff) Information that is prohibited from being |
16 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
17 | | Code. |
18 | | (hh) (ff) Records that are exempt from disclosure under |
19 | | Section 1A-16.7 of the Election Code. |
20 | | (ii) (ff) Information which is exempted from disclosure |
21 | | under Section 2505-800 of the Department of Revenue Law of |
22 | | the Civil Administrative Code of Illinois. |
23 | | (jj) (ff) Information and reports that are required to |
24 | | be submitted to the Department of Labor by registering day |
25 | | and temporary labor service agencies but are exempt from |
26 | | disclosure under subsection (a-1) of Section 45 of the Day |
|
| | HB5805 | - 19 - | LRB100 16869 SLF 32010 b |
|
|
1 | | and Temporary Labor Services Act. |
2 | | (kk) (ff) Information prohibited from disclosure under |
3 | | the Seizure and Forfeiture Reporting Act. |
4 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
5 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
6 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
7 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
8 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
9 | | eff. 6-1-18; revised 11-2-17.) |
10 | | Section 10. The Department of State Police Law of the
Civil |
11 | | Administrative Code of Illinois is amended by changing Sections |
12 | | 2605-45, 2605-300, and 2605-595 as follows:
|
13 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
|
14 | | Sec. 2605-45. Division of Administration. The Division of
|
15 | | Administration shall exercise the
following functions:
|
16 | | (1) Exercise the rights, powers, and duties vested in |
17 | | the
Department
by the
Governor's Office of Management and |
18 | | Budget Act.
|
19 | | (2) Pursue research and the publication of studies |
20 | | pertaining
to local
law enforcement activities.
|
21 | | (3) Exercise the rights, powers, and duties vested in |
22 | | the
Department
by the Personnel Code.
|
23 | | (4) Operate an electronic data processing and computer |
24 | | center
for the
storage and retrieval of data pertaining to |
|
| | HB5805 | - 20 - | LRB100 16869 SLF 32010 b |
|
|
1 | | criminal activity.
|
2 | | (5) Exercise the rights, powers, and duties vested in
|
3 | | the former Division of
State Troopers by Section 17 of the |
4 | | State Police
Act.
|
5 | | (6) Exercise the rights, powers, and duties vested in
|
6 | | the Department
by "An Act relating to internal auditing in |
7 | | State government", approved
August 11, 1967 (repealed; now |
8 | | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
|
9 | | (6.5) (Blank). Exercise the rights, powers, and duties |
10 | | vested in the Department
by the Firearm Owners |
11 | | Identification Card Act.
|
12 | | (7) Exercise other duties that may be assigned
by the |
13 | | Director to
fulfill the responsibilities and achieve the |
14 | | purposes of the Department.
|
15 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
16 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
|
17 | | Sec. 2605-300. Records; crime laboratories; personnel. To |
18 | | do
the
following:
|
19 | | (1) Be a central repository and custodian of criminal
|
20 | | statistics for the State.
|
21 | | (2) Be a central repository for criminal history
record |
22 | | information.
|
23 | | (3) Procure and file for record information that is
|
24 | | necessary and helpful to plan programs of crime prevention, |
25 | | law
enforcement,
and criminal justice.
|
|
| | HB5805 | - 21 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (4) Procure and file for record copies of
fingerprints |
2 | | that may be required by law.
|
3 | | (5) Establish general and field
crime laboratories.
|
4 | | (6) Register and file for record information that
may |
5 | | be required by law for the issuance of firearm owner's |
6 | | identification
cards under the Firearm Owners |
7 | | Identification Card Act and concealed carry licenses under |
8 | | the Firearm Concealed Carry Act.
|
9 | | (7) Employ laboratory technicians
and
other
specially |
10 | | qualified persons to aid in the identification of criminal
|
11 | | activity, and may employ polygraph operators.
|
12 | | (8) Undertake other identification, information,
|
13 | | laboratory, statistical, or registration activities that |
14 | | may be
required by law.
|
15 | | (Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17 .)
|
16 | | (20 ILCS 2605/2605-595) |
17 | | Sec. 2605-595. State Police Firearm Services Fund. |
18 | | (a) There is created in the State treasury a special fund |
19 | | known as the State Police Firearm Services Fund. The Fund shall |
20 | | receive revenue under the Firearm Concealed Carry Act and |
21 | | Section 5 of the Firearm Owners Identification Card Act . The |
22 | | Fund may also receive revenue from grants, pass-through grants, |
23 | | donations, appropriations, and any other legal source. |
24 | | (b) The Department of State Police may use moneys in the |
25 | | Fund to finance any of its lawful purposes, mandates, |
|
| | HB5805 | - 22 - | LRB100 16869 SLF 32010 b |
|
|
1 | | functions, and duties under the Firearm Owners Identification |
2 | | Card Act and the Firearm Concealed Carry Act, including the |
3 | | cost of sending notices of expiration of Firearm Owner's |
4 | | Identification Cards, concealed carry licenses, the prompt and |
5 | | efficient processing of applications under the Firearm Owners |
6 | | Identification Card Act and the Firearm Concealed Carry Act, |
7 | | the improved efficiency and reporting of the LEADS and federal |
8 | | NICS law enforcement data systems, and support for |
9 | | investigations required under that Act these Acts and law. Any |
10 | | surplus funds beyond what is needed to comply with the |
11 | | aforementioned purposes shall be used by the Department to |
12 | | improve the Law Enforcement Agencies Data System (LEADS) and |
13 | | criminal history background check system. |
14 | | (c) Investment income that is attributable to the |
15 | | investment of moneys in the Fund shall be retained in the Fund |
16 | | for the uses specified in this Section.
|
17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
|
18 | | (20 ILCS 2605/2605-120 rep.)
|
19 | | Section 15. The Department of State Police Law of the
Civil |
20 | | Administrative Code of Illinois is amended by repealing Section |
21 | | 2605-120. |
22 | | Section 20. The Criminal Identification Act is amended by |
23 | | changing Section 2.2 as follows: |
|
| | HB5805 | - 23 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (20 ILCS 2630/2.2) |
2 | | Sec. 2.2. Notification to the Department. Upon judgment of |
3 | | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, |
4 | | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal |
5 | | Code of 2012 when the
defendant has been determined, pursuant |
6 | | to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
|
7 | | to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the |
8 | | circuit court clerk shall
include notification and a copy of |
9 | | the written determination in a report
of the conviction to the |
10 | | Department of State Police Firearm Owner's Identification Card |
11 | | Office to
enable the Department office to perform its duties |
12 | | under the Firearm Concealed Carry Act and Sections 4 and 8 of |
13 | | the Firearm Owners Identification Card Act and to report that |
14 | | determination to the Federal Bureau
of Investigation to assist |
15 | | the Federal Bureau of Investigation in identifying persons |
16 | | prohibited
from purchasing and possessing a firearm pursuant to |
17 | | the provisions of
18 U.S.C. 922. The written determination |
18 | | described in this Section shall be included in the defendant's |
19 | | record of arrest and conviction in the manner and form |
20 | | prescribed by the Department of State Police.
|
21 | | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
22 | | Section 25. The State Finance Act is amended by changing |
23 | | Section 6z-99 as follows: |
24 | | (30 ILCS 105/6z-99) |
|
| | HB5805 | - 24 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Sec. 6z-99. The Mental Health Reporting Fund. |
2 | | (a) There is created in the State treasury a special fund |
3 | | known as the Mental Health Reporting Fund. The Fund shall |
4 | | receive revenue under the Firearm Concealed Carry Act. The Fund |
5 | | may also receive revenue from grants, pass-through grants, |
6 | | donations, appropriations, and any other legal source. |
7 | | (b) The Department of State Police and Department of Human |
8 | | Services shall coordinate to use moneys in the Fund to finance |
9 | | their respective duties of collecting and reporting data on |
10 | | mental health records and ensuring that mental health firearm |
11 | | possession prohibitors are enforced as set forth under the |
12 | | Firearm Concealed Carry Act and the Firearm Owners |
13 | | Identification Card Act . Any surplus in the Fund beyond what is |
14 | | necessary to ensure compliance with mental health reporting |
15 | | under that Act these Acts shall be used by the Department of |
16 | | Human Services for mental health treatment programs. |
17 | | (c) Investment income that is attributable to the |
18 | | investment of moneys in the Fund shall be retained in the Fund |
19 | | for the uses specified in this Section.
|
20 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) |
21 | | Section 30. The Peace Officer Firearm Training Act is |
22 | | amended by changing Section 1 as follows:
|
23 | | (50 ILCS 710/1) (from Ch. 85, par. 515)
|
24 | | Sec. 1. Definitions. As used in this Act: |
|
| | HB5805 | - 25 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (a) "Peace officer"
means (i) any person who by virtue of |
2 | | his office or public employment is
vested by law with a primary |
3 | | duty to maintain public order or to make
arrests for offenses, |
4 | | whether that duty extends to all offenses or is
limited to |
5 | | specific offenses, and who is employed in such capacity by any
|
6 | | county or municipality or (ii) any retired law enforcement |
7 | | officers qualified under federal law to carry a concealed |
8 | | weapon. |
9 | | (a-5) "Probation officer" means a county probation officer |
10 | | authorized by the Chief Judge of the Circuit Court to carry a |
11 | | firearm as part of his or her duties under Section 12 of the |
12 | | Probation and Probation Officers Act and Section 24-2 of the |
13 | | Criminal Code of 2012. |
14 | | (b)
"Firearms" means any weapon or device defined as a |
15 | | firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of |
16 | | "An Act relating to the acquisition, possession and transfer of
|
17 | | firearms and firearm ammunition, to provide a penalty for the |
18 | | violation
thereof and to make an appropriation in connection |
19 | | therewith", approved
August 3, 1967, as amended .
|
20 | | (Source: P.A. 98-725, eff. 1-1-15 .)
|
21 | | Section 35. The School Code is amended by changing Sections |
22 | | 10-22.6, 10-27.1A, and 34-8.05 as follows:
|
23 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
|
24 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
|
| | HB5805 | - 26 - | LRB100 16869 SLF 32010 b |
|
|
1 | | searches.
|
2 | | (a) To expel pupils guilty of gross disobedience or |
3 | | misconduct, including gross disobedience or misconduct |
4 | | perpetuated by electronic means, pursuant to subsection (b-20) |
5 | | of this Section, and
no action shall lie against them for such |
6 | | expulsion. Expulsion shall
take place only after the parents |
7 | | have been requested to appear at a
meeting of the board, or |
8 | | with a hearing officer appointed by it, to
discuss their |
9 | | child's behavior. Such request shall be made by registered
or |
10 | | certified mail and shall state the time, place and purpose of |
11 | | the
meeting. The board, or a hearing officer appointed by it, |
12 | | at such
meeting shall state the reasons for dismissal and the |
13 | | date on which the
expulsion is to become effective. If a |
14 | | hearing officer is appointed by
the board , he shall report to |
15 | | the board a written summary of the evidence
heard at the |
16 | | meeting and the board may take such action thereon as it
finds |
17 | | appropriate. If the board acts to expel a pupil, the written |
18 | | expulsion decision shall detail the specific reasons why |
19 | | removing the pupil from the learning environment is in the best |
20 | | interest of the school. The expulsion decision shall also |
21 | | include a rationale as to the specific duration of the |
22 | | expulsion. An expelled pupil may be immediately transferred to |
23 | | an alternative program in the manner provided in Article 13A or |
24 | | 13B of this Code. A pupil must not be denied transfer because |
25 | | of the expulsion, except in cases in which such transfer is |
26 | | deemed to cause a threat to the safety of students or staff in |
|
| | HB5805 | - 27 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the alternative program.
|
2 | | (b) To suspend or by policy to authorize the superintendent |
3 | | of
the district or the principal, assistant principal, or dean |
4 | | of students
of any school to suspend pupils guilty of gross |
5 | | disobedience or misconduct, or
to suspend pupils guilty of |
6 | | gross disobedience or misconduct on the school bus
from riding |
7 | | the school bus, pursuant to subsections (b-15) and (b-20) of |
8 | | this Section, and no action
shall lie against them for such |
9 | | suspension. The board may by policy
authorize the |
10 | | superintendent of the district or the principal, assistant
|
11 | | principal, or dean of students of any
school to suspend pupils |
12 | | guilty of such acts for a period not to exceed
10 school days. |
13 | | If a pupil is suspended due to gross disobedience or misconduct
|
14 | | on a school bus, the board may suspend the pupil in excess of |
15 | | 10
school
days for safety reasons. |
16 | | Any suspension shall be reported immediately to the
parents |
17 | | or guardian of a pupil along with a full statement of the
|
18 | | reasons for such suspension and a notice of their right to a |
19 | | review. The school board must be given a summary of the notice, |
20 | | including the reason for the suspension and the suspension |
21 | | length. Upon request of the
parents or guardian the school |
22 | | board or a hearing officer appointed by
it shall review such |
23 | | action of the superintendent or principal, assistant
|
24 | | principal, or dean of students. At such
review the parents or |
25 | | guardian of the pupil may appear and discuss the
suspension |
26 | | with the board or its hearing officer. If a hearing officer
is |
|
| | HB5805 | - 28 - | LRB100 16869 SLF 32010 b |
|
|
1 | | appointed by the board he shall report to the board a written |
2 | | summary
of the evidence heard at the meeting. After its hearing |
3 | | or upon receipt
of the written report of its hearing officer, |
4 | | the board may take such
action as it finds appropriate. If a |
5 | | student is suspended pursuant to this subsection (b), the board |
6 | | shall, in the written suspension decision, detail the specific |
7 | | act of gross disobedience or misconduct resulting in the |
8 | | decision to suspend. The suspension decision shall also include |
9 | | a rationale as to the specific duration of the suspension. A |
10 | | pupil who is suspended in excess of 20 school days may be |
11 | | immediately transferred to an alternative program in the manner |
12 | | provided in Article 13A or 13B of this Code. A pupil must not |
13 | | be denied transfer because of the suspension, except in cases |
14 | | in which such transfer is deemed to cause a threat to the |
15 | | safety of students or staff in the alternative program.
|
16 | | (b-5) Among the many possible disciplinary interventions |
17 | | and consequences available to school officials, school |
18 | | exclusions, such as out-of-school suspensions and expulsions, |
19 | | are the most serious. School officials shall limit the number |
20 | | and duration of expulsions and suspensions to the greatest |
21 | | extent practicable, and it is recommended that they use them |
22 | | only for legitimate educational purposes. To ensure that |
23 | | students are not excluded from school unnecessarily, it is |
24 | | recommended that school officials consider forms of |
25 | | non-exclusionary discipline prior to using out-of-school |
26 | | suspensions or expulsions. |
|
| | HB5805 | - 29 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (b-10) Unless otherwise required by federal law or this |
2 | | Code, school boards may not institute zero-tolerance policies |
3 | | by which school administrators are required to suspend or expel |
4 | | students for particular behaviors. |
5 | | (b-15) Out-of-school suspensions of 3 days or less may be |
6 | | used only if the student's continuing presence in school would |
7 | | pose a threat to school safety or a disruption to other |
8 | | students' learning opportunities. For purposes of this |
9 | | subsection (b-15), "threat to school safety or a disruption to |
10 | | other students' learning opportunities" shall be determined on |
11 | | a case-by-case basis by the school board or its designee. |
12 | | School officials shall make all reasonable efforts to resolve |
13 | | such threats, address such disruptions, and minimize the length |
14 | | of suspensions to the greatest extent practicable. |
15 | | (b-20) Unless otherwise required by this Code, |
16 | | out-of-school suspensions of longer than 3 days, expulsions, |
17 | | and disciplinary removals to alternative schools may be used |
18 | | only if other appropriate and available behavioral and |
19 | | disciplinary interventions have been exhausted and the |
20 | | student's continuing presence in school would either (i) pose a
|
21 | | threat to the safety of other students, staff, or members of
|
22 | | the school community or (ii) substantially disrupt, impede, or
|
23 | | interfere with the operation of the school. For purposes of |
24 | | this subsection (b-20), "threat to the safety of other |
25 | | students, staff, or members of the school community" and |
26 | | "substantially disrupt, impede, or interfere with the |
|
| | HB5805 | - 30 - | LRB100 16869 SLF 32010 b |
|
|
1 | | operation of the school" shall be determined on a case-by-case |
2 | | basis by school officials. For purposes of this subsection |
3 | | (b-20), the determination of whether "appropriate and |
4 | | available behavioral and disciplinary interventions have been |
5 | | exhausted" shall be made by school officials. School officials |
6 | | shall make all reasonable efforts to resolve such threats, |
7 | | address such disruptions, and minimize the length of student |
8 | | exclusions to the greatest extent practicable. Within the |
9 | | suspension decision described in subsection (b) of this Section |
10 | | or the expulsion decision described in subsection (a) of this |
11 | | Section, it shall be documented whether other interventions |
12 | | were attempted or whether it was determined that there were no |
13 | | other appropriate and available interventions. |
14 | | (b-25) Students who are suspended out-of-school for longer |
15 | | than 4 school days shall be provided appropriate and available |
16 | | support services during the period of their suspension. For |
17 | | purposes of this subsection (b-25), "appropriate and available |
18 | | support services" shall be determined by school authorities. |
19 | | Within the suspension decision described in subsection (b) of |
20 | | this Section, it shall be documented whether such services are |
21 | | to be provided or whether it was determined that there are no |
22 | | such appropriate and available services. |
23 | | A school district may refer students who are expelled to |
24 | | appropriate and available support services. |
25 | | A school district shall create a policy to facilitate the |
26 | | re-engagement of students who are suspended out-of-school, |
|
| | HB5805 | - 31 - | LRB100 16869 SLF 32010 b |
|
|
1 | | expelled, or returning from an alternative school setting. |
2 | | (b-30) A school district shall create a policy by which |
3 | | suspended pupils, including those pupils suspended from the |
4 | | school bus who do not have alternate transportation to school, |
5 | | shall have the opportunity to make up work for equivalent |
6 | | academic credit. It shall be the responsibility of a pupil's |
7 | | parent or guardian to notify school officials that a pupil |
8 | | suspended from the school bus does not have alternate |
9 | | transportation to school. |
10 | | (c) The Department of Human Services
shall be invited to |
11 | | send a representative to consult with the board at
such meeting |
12 | | whenever there is evidence that mental illness may be the
cause |
13 | | for expulsion or suspension.
|
14 | | (c-5) School districts shall make reasonable efforts to |
15 | | provide ongoing professional development to teachers, |
16 | | administrators, school board members, school resource |
17 | | officers, and staff on the adverse consequences of school |
18 | | exclusion and justice-system involvement, effective classroom |
19 | | management strategies, culturally responsive discipline, and |
20 | | developmentally appropriate disciplinary methods that promote |
21 | | positive and healthy school climates. |
22 | | (d) The board may expel a student for a definite period of |
23 | | time not to
exceed 2 calendar years, as determined on a |
24 | | case-by-case case by case basis.
A student who
is determined to |
25 | | have brought one of the following objects to school, any |
26 | | school-sponsored activity
or event, or any activity or event |
|
| | HB5805 | - 32 - | LRB100 16869 SLF 32010 b |
|
|
1 | | that bears a reasonable relationship to school shall be |
2 | | expelled for a period of not less than
one year: |
3 | | (1) A firearm. For the purposes of this Section, |
4 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
5 | | by Section 921 of Title 18 of the United States Code, |
6 | | firearm as defined in Section 2-7.5 1.1 of the Firearm |
7 | | Owners Identification Card Act, or firearm as defined in |
8 | | Section 24-1 of the Criminal Code of 2012. The expulsion |
9 | | period under this subdivision (1) may be modified by the |
10 | | superintendent, and the superintendent's determination may |
11 | | be modified by the board on a case-by-case basis. |
12 | | (2) A knife, brass knuckles or other knuckle weapon |
13 | | regardless of its composition, a billy club, or any other |
14 | | object if used or attempted to be used to cause bodily |
15 | | harm, including "look alikes" of any firearm as defined in |
16 | | subdivision (1) of this subsection (d). The expulsion |
17 | | requirement under this subdivision (2) may be modified by |
18 | | the superintendent, and the superintendent's determination |
19 | | may be modified by the board on a case-by-case basis. |
20 | | Expulsion
or suspension
shall be construed in a
manner |
21 | | consistent with the Federal Individuals with Disabilities |
22 | | Education
Act. A student who is subject to suspension or |
23 | | expulsion as provided in this
Section may be eligible for a |
24 | | transfer to an alternative school program in
accordance with |
25 | | Article 13A of the School Code.
|
26 | | (d-5) The board may suspend or by regulation
authorize the |
|
| | HB5805 | - 33 - | LRB100 16869 SLF 32010 b |
|
|
1 | | superintendent of the district or the principal, assistant
|
2 | | principal, or dean of students of any
school to suspend a |
3 | | student for a period not to exceed
10 school days or may expel |
4 | | a student for a definite period of time not to
exceed 2 |
5 | | calendar years, as determined on a case-by-case case by case |
6 | | basis, if (i) that student has been determined to have made an |
7 | | explicit threat on an Internet website against a school |
8 | | employee, a student, or any school-related personnel, (ii) the |
9 | | Internet website through which the threat was made is a site |
10 | | that was accessible within the school at the time the threat |
11 | | was made or was available to third parties who worked or |
12 | | studied within the school grounds at the time the threat was |
13 | | made, and (iii) the threat could be reasonably interpreted as |
14 | | threatening to the safety and security of the threatened |
15 | | individual because of his or her duties or employment status or |
16 | | status as a student inside the school.
|
17 | | (e) To maintain order and security in the schools, school |
18 | | authorities may
inspect and search places and areas such as |
19 | | lockers, desks, parking lots, and
other school property and |
20 | | equipment owned or controlled by the school, as well
as |
21 | | personal effects left in those places and areas by students, |
22 | | without notice
to or the consent of the student, and without a |
23 | | search warrant. As a matter of
public policy, the General |
24 | | Assembly finds that students have no reasonable
expectation of |
25 | | privacy in these places and areas or in their personal effects
|
26 | | left in these places and areas. School authorities may request |
|
| | HB5805 | - 34 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the assistance
of law enforcement officials for the purpose of |
2 | | conducting inspections and
searches of lockers, desks, parking |
3 | | lots, and other school property and
equipment owned or |
4 | | controlled by the school for illegal drugs, weapons, or
other
|
5 | | illegal or dangerous substances or materials, including |
6 | | searches conducted
through the use of specially trained dogs. |
7 | | If a search conducted in accordance
with this Section produces |
8 | | evidence that the student has violated or is
violating either |
9 | | the law, local ordinance, or the school's policies or rules,
|
10 | | such evidence may be seized by school authorities, and |
11 | | disciplinary action may
be taken. School authorities may also |
12 | | turn over such evidence to law
enforcement authorities.
|
13 | | (f) Suspension or expulsion may include suspension or |
14 | | expulsion from
school and all school activities and a |
15 | | prohibition from being present on school
grounds.
|
16 | | (g) A school district may adopt a policy providing that if |
17 | | a student
is suspended or expelled for any reason from any |
18 | | public or private school
in this or any other state, the |
19 | | student must complete the entire term of
the suspension or |
20 | | expulsion in an alternative school program under Article 13A of |
21 | | this Code or an alternative learning opportunities program |
22 | | under Article 13B of this Code before being admitted into the |
23 | | school
district if there is no threat to the safety of students |
24 | | or staff in the alternative program.
|
25 | | (h) School officials shall not advise or encourage students |
26 | | to drop out voluntarily due to behavioral or academic |
|
| | HB5805 | - 35 - | LRB100 16869 SLF 32010 b |
|
|
1 | | difficulties. |
2 | | (i) A student may not be issued a monetary fine or fee as a |
3 | | disciplinary consequence, though this shall not preclude |
4 | | requiring a student to provide restitution for lost, stolen, or |
5 | | damaged property. |
6 | | (j) Subsections (a) through (i) of this Section shall apply |
7 | | to elementary and secondary schools, charter schools, special |
8 | | charter districts, and school districts organized under |
9 | | Article 34 of this Code. |
10 | | (k) The expulsion of children enrolled in programs funded |
11 | | under Section 1C-2 of this Code is subject to the requirements |
12 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this |
13 | | Code. |
14 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; |
15 | | revised 9-22-17.)
|
16 | | (105 ILCS 5/10-27.1A)
|
17 | | Sec. 10-27.1A. Firearms in schools.
|
18 | | (a) All school officials, including teachers, guidance |
19 | | counselors, and
support staff, shall immediately notify the |
20 | | office of the principal in the
event that they observe any |
21 | | person in possession of a firearm on school
grounds; provided |
22 | | that taking such immediate action to notify the office of the
|
23 | | principal would not immediately endanger the health, safety, or |
24 | | welfare of
students who are under the direct supervision of the |
25 | | school official or the
school official. If the health, safety, |
|
| | HB5805 | - 36 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or welfare of students under the
direct supervision of the |
2 | | school official or of the school official is
immediately |
3 | | endangered, the school official shall notify the office of the
|
4 | | principal as soon as the students under his or her supervision |
5 | | and he or she
are no longer under immediate danger. A report is |
6 | | not required by this Section
when the school official knows |
7 | | that the person in possession of the firearm is
a law |
8 | | enforcement official engaged in the conduct of his or her |
9 | | official
duties. Any school official acting in good faith who |
10 | | makes such a report under
this Section shall have immunity from |
11 | | any civil or criminal liability that
might otherwise be |
12 | | incurred as a result of making the report. The identity of
the |
13 | | school official making such report shall not be disclosed |
14 | | except as
expressly and specifically authorized by law. |
15 | | Knowingly and willfully failing
to comply with this Section is |
16 | | a petty offense. A second or subsequent offense
is a Class C |
17 | | misdemeanor.
|
18 | | (b) Upon receiving a report from any school official |
19 | | pursuant to this
Section, or from any other person, the |
20 | | principal or his or her designee shall
immediately notify a |
21 | | local law enforcement agency. If the person found to be
in |
22 | | possession of a firearm on school grounds is a student, the |
23 | | principal or
his or her designee shall also immediately notify |
24 | | that student's parent or
guardian. Any principal or his or her |
25 | | designee acting in good faith who makes
such reports under this |
26 | | Section shall have immunity from any civil or criminal
|
|
| | HB5805 | - 37 - | LRB100 16869 SLF 32010 b |
|
|
1 | | liability that might otherwise be incurred or imposed as a |
2 | | result of making
the reports. Knowingly and willfully failing |
3 | | to comply with this Section is a
petty offense. A second or |
4 | | subsequent offense is a Class C misdemeanor. If
the person |
5 | | found to be in possession of the firearm on school grounds is a
|
6 | | minor, the law enforcement agency shall detain that minor until |
7 | | such time as
the agency makes a determination pursuant to |
8 | | clause (a) of subsection (1) of
Section 5-401 of the Juvenile |
9 | | Court Act of 1987, as to whether the agency
reasonably believes |
10 | | that the minor is delinquent. If the law enforcement
agency |
11 | | determines that probable cause exists to believe that the minor
|
12 | | committed a violation of item (4) of subsection (a) of Section |
13 | | 24-1 of the
Criminal Code of 2012 while on school grounds, the |
14 | | agency shall detain the
minor for processing pursuant to |
15 | | Section 5-407 of the Juvenile Court Act of
1987.
|
16 | | (c) On or after January 1, 1997, upon receipt of any |
17 | | written,
electronic, or verbal report from any school personnel |
18 | | regarding a verified
incident involving a firearm in a school |
19 | | or on school owned or leased property,
including any conveyance |
20 | | owned,
leased, or used by the school for the transport of |
21 | | students or school
personnel, the superintendent or his or her |
22 | | designee shall report all such
firearm-related incidents |
23 | | occurring in a school or on school property to the
local law |
24 | | enforcement authorities immediately and to the Department of |
25 | | State
Police in a form, manner, and frequency as prescribed by |
26 | | the Department of
State Police.
|
|
| | HB5805 | - 38 - | LRB100 16869 SLF 32010 b |
|
|
1 | | The State Board of Education shall receive an annual |
2 | | statistical compilation
and related data associated with |
3 | | incidents involving firearms in schools from
the Department of |
4 | | State Police. The State Board of Education shall compile
this |
5 | | information by school district and make it available to the |
6 | | public.
|
7 | | (d) As used in this Section, the term "firearm" shall have |
8 | | the meaning
ascribed to it in Section 2-7.5 of the Criminal |
9 | | Code of 2012 1.1 of the Firearm Owners Identification Card Act .
|
10 | | As used in this Section, the term "school" means any public |
11 | | or private
elementary or secondary school.
|
12 | | As used in this Section, the term "school grounds" includes |
13 | | the real property
comprising any school, any conveyance owned, |
14 | | leased, or contracted by a school
to transport students to or |
15 | | from school or a school-related activity, or any
public way |
16 | | within 1,000 feet of the real property comprising any school.
|
17 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
18 | | (105 ILCS 5/34-8.05)
|
19 | | Sec. 34-8.05. Reporting firearms in schools. On or after |
20 | | January 1,
1997,
upon receipt of any written,
electronic, or |
21 | | verbal report from any school personnel regarding a verified
|
22 | | incident involving a firearm in a school or on school owned or |
23 | | leased property,
including any conveyance owned,
leased, or |
24 | | used by the school for the transport of students or school
|
25 | | personnel, the general superintendent or his or her designee |
|
| | HB5805 | - 39 - | LRB100 16869 SLF 32010 b |
|
|
1 | | shall report all
such
firearm-related incidents occurring in a |
2 | | school or on school property to the
local law enforcement |
3 | | authorities no later than 24 hours after the occurrence
of the |
4 | | incident and to the Department of State Police in a form, |
5 | | manner, and
frequency as prescribed by the Department of State |
6 | | Police.
|
7 | | The State Board of Education shall receive an annual |
8 | | statistical compilation
and related data associated with |
9 | | incidents involving firearms in schools from
the Department of |
10 | | State Police. As used in this Section, the term "firearm"
shall |
11 | | have the meaning ascribed to it in Section 2-7.5 of the |
12 | | Criminal Code of 2012
1.1 of the Firearm Owners
Identification |
13 | | Card Act .
|
14 | | (Source: P.A. 89-498, eff. 6-27-96.)
|
15 | | Section 40. The Illinois Explosives Act is amended by |
16 | | changing Section 2005 as follows:
|
17 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
18 | | Sec. 2005. Qualifications for licensure. |
19 | | (a) No person shall qualify to hold a license who: |
20 | | (1) is under 21 years of age; |
21 | | (2) has been convicted in any court of a crime |
22 | | punishable by imprisonment for a term exceeding one year; |
23 | | (3) is under indictment for a crime punishable by |
24 | | imprisonment for a term exceeding one year; |
|
| | HB5805 | - 40 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (4) is a fugitive from justice; |
2 | | (5) is an unlawful user of or addicted to any |
3 | | controlled substance as defined in Section 102 of the |
4 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
5 | | seq.); |
6 | | (6) has been adjudicated a person with a mental |
7 | | disability as defined in Section 6-103.1 of the Mental |
8 | | Health and Developmental Disabilities Code 1.1 of the |
9 | | Firearm Owners Identification Card Act ; or |
10 | | (7) is not a legal citizen of the United States. |
11 | | (b) A person who has been granted a "relief from |
12 | | disabilities" regarding criminal convictions and indictments, |
13 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
14 | | 845) may receive a license provided all other qualifications |
15 | | under this Act are met.
|
16 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
|
17 | | Section 45. The Private Detective, Private Alarm, Private |
18 | | Security, and
Locksmith Act of 2004 is amended by changing |
19 | | Sections 35-30 and 35-35 as follows:
|
20 | | (225 ILCS 447/35-30)
|
21 | | (Section scheduled to be repealed on January 1, 2024)
|
22 | | Sec. 35-30. Employee requirements. All employees of a
|
23 | | licensed agency, other than those exempted, shall apply for a
|
24 | | permanent employee registration card. The holder of an agency
|
|
| | HB5805 | - 41 - | LRB100 16869 SLF 32010 b |
|
|
1 | | license issued under this Act, known in this Section as
|
2 | | "employer", may employ in the conduct of his or her business
|
3 | | employees under the following provisions:
|
4 | | (a) No person shall be issued a permanent employee
|
5 | | registration card who:
|
6 | | (1) Is younger than 18 years of age.
|
7 | | (2) Is younger than 21 years of age if the
services |
8 | | will include being armed.
|
9 | | (3) Has been determined by the Department to
be unfit |
10 | | by reason of conviction of an offense in this or
another |
11 | | state, including registration as a sex offender, but not |
12 | | including a traffic offense. Persons convicted of felonies |
13 | | involving bodily harm, weapons, violence, or theft within |
14 | | the previous 10 years shall be presumed to be unfit for |
15 | | registration. The Department
shall adopt rules for making |
16 | | those determinations that shall
afford the applicant due |
17 | | process of law.
|
18 | | (4) Has had a license or permanent employee
|
19 | | registration card denied, suspended, or revoked under this |
20 | | Act (i) within one
year before the date the
person's |
21 | | application for permanent employee registration card
is |
22 | | received by the Department; and (ii) that refusal, denial,
|
23 | | suspension, or revocation was based on any provision of |
24 | | this
Act other than Section 40-50,
item (6) or (8) of |
25 | | subsection (a) of Section 15-10, subsection (b) of Section
|
26 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
|
| | HB5805 | - 42 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (b) of
Section 20-10, item (6) or (8) of |
2 | | subsection (a) of Section 25-10, subsection
(b) of Section |
3 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
4 | | subsection (b) of Section 30-10, or Section 10-40.
|
5 | | (5) Has been declared incompetent by any court
of |
6 | | competent jurisdiction by reason of mental disease or
|
7 | | defect and has not been restored.
|
8 | | (6) Has been dishonorably discharged from the
armed |
9 | | services of the United States.
|
10 | | (b) No person may be employed by a private
detective |
11 | | agency, private security contractor agency, private
alarm |
12 | | contractor agency, fingerprint vendor agency, or locksmith |
13 | | agency under this
Section until he or she has executed and |
14 | | furnished to the
employer, on forms furnished by the |
15 | | Department, a verified
statement to be known as "Employee's |
16 | | Statement" setting forth:
|
17 | | (1) The person's full name, age, and residence
address.
|
18 | | (2) The business or occupation engaged in for
the 5 |
19 | | years immediately before the date of the execution of
the |
20 | | statement, the place where the business or occupation was
|
21 | | engaged in, and the names of employers, if any.
|
22 | | (3) That the person has not had a license or
employee |
23 | | registration denied, revoked, or suspended under this
Act |
24 | | (i) within one year before the date the person's |
25 | | application
for permanent employee registration card is |
26 | | received by the
Department; and (ii) that refusal, denial, |
|
| | HB5805 | - 43 - | LRB100 16869 SLF 32010 b |
|
|
1 | | suspension, or
revocation was based on any provision of |
2 | | this Act other than
Section 40-50,
item (6) or (8) of |
3 | | subsection (a) of Section 15-10, subsection (b) of Section
|
4 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
5 | | subsection (b) of
Section 20-10, item (6) or (8) of |
6 | | subsection (a) of Section 25-10, subsection
(b) of Section |
7 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
8 | | subsection (b) of Section 30-10, or Section 10-40.
|
9 | | (4) Any conviction of a felony or misdemeanor.
|
10 | | (5) Any declaration of incompetence by a court
of |
11 | | competent jurisdiction that has not been restored.
|
12 | | (6) Any dishonorable discharge from the armed
services |
13 | | of the United States.
|
14 | | (7) Any other information as may be required by
any |
15 | | rule of the Department to show the good character,
|
16 | | competency, and integrity of the person executing the
|
17 | | statement.
|
18 | | (c) Each applicant for a permanent employee registration
|
19 | | card shall have his or her fingerprints submitted to the
|
20 | | Department of State Police in an electronic format that
|
21 | | complies with the form and manner for requesting and
furnishing |
22 | | criminal history record information as prescribed
by the |
23 | | Department of State Police. These fingerprints shall
be checked |
24 | | against the Department of State Police and Federal
Bureau of |
25 | | Investigation criminal history record databases now
and |
26 | | hereafter filed. The Department of State Police shall
charge |
|
| | HB5805 | - 44 - | LRB100 16869 SLF 32010 b |
|
|
1 | | applicants a fee for conducting the criminal history
records |
2 | | check, which shall be deposited in the State Police
Services |
3 | | Fund and shall not exceed the actual cost of the
records check. |
4 | | The Department of State Police shall furnish,
pursuant to |
5 | | positive identification, records of Illinois
convictions to |
6 | | the Department. The Department may require
applicants to pay a |
7 | | separate fingerprinting fee, either to the
Department or |
8 | | directly to the vendor. The Department, in
its discretion, may |
9 | | allow an applicant who does not have
reasonable access to a |
10 | | designated vendor to provide his or her
fingerprints in an |
11 | | alternative manner. The
Department, in its discretion, may also |
12 | | use other
procedures in performing or obtaining criminal |
13 | | background
checks of applicants. Instead of submitting his or |
14 | | her
fingerprints, an individual may submit proof that is
|
15 | | satisfactory to the Department that an equivalent security
|
16 | | clearance has been conducted. Also, an individual who has
|
17 | | retired as a peace officer within 12 months of application may
|
18 | | submit verification, on forms provided by the Department and
|
19 | | signed by his or her employer, of his or her previous full-time |
20 | | employment as a
peace officer.
|
21 | | (d) The Department shall issue a permanent employee
|
22 | | registration card, in a form the Department prescribes, to all
|
23 | | qualified applicants.
The holder of a permanent employee |
24 | | registration card shall
carry the card at all times while |
25 | | actually engaged in the
performance of the duties of his or her |
26 | | employment.
Expiration and requirements for renewal of |
|
| | HB5805 | - 45 - | LRB100 16869 SLF 32010 b |
|
|
1 | | permanent employee
registration cards shall be established by |
2 | | rule of the
Department. Possession of a permanent employee |
3 | | registration
card does not in any way imply that the holder of |
4 | | the card is
employed by an agency unless the permanent employee
|
5 | | registration card is accompanied by the employee
|
6 | | identification card required by subsection (f) of this
Section.
|
7 | | (e) Each employer shall maintain a record of each
employee |
8 | | that is accessible to the duly authorized
representatives of |
9 | | the Department. The record shall contain
the following |
10 | | information:
|
11 | | (1) A photograph taken within 10 days of the date
that |
12 | | the employee begins employment with the employer. The
|
13 | | photograph shall be replaced with a current photograph |
14 | | every 3
calendar years.
|
15 | | (2) The Employee's Statement specified in
subsection |
16 | | (b) of this Section.
|
17 | | (3) All correspondence or documents relating to the
|
18 | | character and integrity of the employee received by the
|
19 | | employer from any official source or law enforcement |
20 | | agency.
|
21 | | (4) In the case of former employees, the employee
|
22 | | identification card of that person issued under subsection |
23 | | (f)
of this Section. Each employee record shall duly note |
24 | | if the
employee is employed in an armed capacity. Armed |
25 | | employee
files shall contain a copy of an active firearm |
26 | | owner's
identification card and a copy of an active firearm
|
|
| | HB5805 | - 46 - | LRB100 16869 SLF 32010 b |
|
|
1 | | control card. Each employer shall maintain a record for
|
2 | | each armed employee of each instance in which the |
3 | | employee's
weapon was discharged during the course of his |
4 | | or her
professional duties or activities. The record shall |
5 | | be
maintained on forms provided by the Department, a copy |
6 | | of
which must be filed with the Department within 15 days |
7 | | of an
instance. The record shall include the date and time |
8 | | of the
occurrence, the circumstances involved in the |
9 | | occurrence, and
any other information as the Department may |
10 | | require. Failure
to provide this information to the |
11 | | Department or failure to
maintain the record as a part of |
12 | | each armed employee's
permanent file is grounds for |
13 | | disciplinary action. The
Department, upon receipt of a |
14 | | report, shall have the authority
to make any investigation |
15 | | it considers appropriate into any
occurrence in which an |
16 | | employee's weapon was discharged and to
take disciplinary |
17 | | action as may be appropriate.
|
18 | | (5) A copy of the employee's permanent employee |
19 | | registration card or a copy of the Department's "License |
20 | | Lookup" Webpage showing that the employee has been issued a |
21 | | valid permanent employee registration card by the |
22 | | Department.
|
23 | | The Department may, by rule, prescribe further
record |
24 | | requirements.
|
25 | | (f) Every employer shall furnish an employee
|
26 | | identification card to each of his or her employees. This
|
|
| | HB5805 | - 47 - | LRB100 16869 SLF 32010 b |
|
|
1 | | employee identification card shall contain a recent photograph
|
2 | | of the employee, the employee's name, the name and agency
|
3 | | license number of the employer, the employee's personal
|
4 | | description, the signature of the employer, the signature of
|
5 | | that employee, the date of issuance, and an employee
|
6 | | identification card number.
|
7 | | (g) No employer may issue an employee identification
card |
8 | | to any person who is not employed by the employer in
accordance |
9 | | with this Section or falsely state or represent
that a person |
10 | | is or has been in his or her employ. It is
unlawful for an |
11 | | applicant for registered employment to file
with the Department |
12 | | the fingerprints of a person other than
himself or herself.
|
13 | | (h) Every employer shall obtain the identification card
of |
14 | | every employee who terminates employment with him or her.
|
15 | | (i) Every employer shall maintain a separate roster of
the |
16 | | names of all employees currently working in an armed
capacity |
17 | | and submit the roster to the Department on request.
|
18 | | (j) No agency may employ any person to perform a
licensed |
19 | | activity under this Act unless the person possesses a
valid |
20 | | permanent employee registration card or a valid license
under |
21 | | this Act, or is exempt pursuant to subsection (n).
|
22 | | (k) Notwithstanding the provisions of subsection (j), an
|
23 | | agency may employ a person in a temporary capacity if all of
|
24 | | the following conditions are met:
|
25 | | (1) The agency completes in its entirety and
submits to |
26 | | the Department an application for a permanent
employee |
|
| | HB5805 | - 48 - | LRB100 16869 SLF 32010 b |
|
|
1 | | registration card, including the required fingerprint
|
2 | | receipt and fees.
|
3 | | (2) The agency has verification from the Department
|
4 | | that the applicant has no record of any criminal conviction
|
5 | | pursuant to the criminal history check conducted by the
|
6 | | Department of State Police. The agency shall maintain the
|
7 | | verification of the results of the Department of State |
8 | | Police
criminal history check as part of the employee |
9 | | record as
required under subsection (e) of this Section.
|
10 | | (3) The agency exercises due diligence to ensure
that |
11 | | the person is qualified under the requirements of the Act
|
12 | | to be issued a permanent employee registration card.
|
13 | | (4) The agency maintains a separate roster of the
names |
14 | | of all employees whose applications are currently
pending |
15 | | with the Department and submits the roster to the
|
16 | | Department on a monthly basis. Rosters are to be maintained
|
17 | | by the agency for a period of at least 24 months.
|
18 | | An agency may employ only a permanent employee applicant
|
19 | | for which it either submitted a permanent employee application
|
20 | | and all required forms and fees or it confirms with the
|
21 | | Department that a permanent employee application and all
|
22 | | required forms and fees have been submitted by another agency,
|
23 | | licensee or the permanent employee and all other requirements
|
24 | | of this Section are met.
|
25 | | The Department shall have the authority to revoke,
without |
26 | | a hearing, the temporary authority of an individual to
work |
|
| | HB5805 | - 49 - | LRB100 16869 SLF 32010 b |
|
|
1 | | upon receipt of Federal Bureau of Investigation
fingerprint |
2 | | data or a report of another official authority
indicating a |
3 | | criminal conviction. If the Department has not
received a |
4 | | temporary employee's Federal Bureau of
Investigation |
5 | | fingerprint data within 120 days of the date the
Department |
6 | | received the Department of State Police fingerprint
data, the |
7 | | Department may, at its discretion, revoke the
employee's |
8 | | temporary authority to work with 15 days written
notice to the |
9 | | individual and the employing agency.
|
10 | | An agency may not employ a person in a temporary capacity
|
11 | | if it knows or reasonably should have known that the person
has |
12 | | been convicted of a crime under the laws of this State,
has |
13 | | been convicted in another state of any crime that is a
crime |
14 | | under the laws of this State, has been convicted of any
crime |
15 | | in a federal court, or has been posted as an unapproved
|
16 | | applicant by the Department. Notice by the Department to the
|
17 | | agency, via certified mail, personal delivery, electronic
|
18 | | mail, or posting on the Department's Internet site accessible
|
19 | | to the agency that the person has been convicted of a crime
|
20 | | shall be deemed constructive knowledge of the conviction on
the |
21 | | part of the agency. The Department may adopt rules to
implement |
22 | | this
subsection (k).
|
23 | | (l) No person may be employed under this Section in any
|
24 | | capacity if:
|
25 | | (1) the person, while so employed, is being paid by
the |
26 | | United States or any political subdivision for the time so
|
|
| | HB5805 | - 50 - | LRB100 16869 SLF 32010 b |
|
|
1 | | employed in addition to any payments he or she may receive
|
2 | | from the employer; or
|
3 | | (2) the person wears any portion of his or her
official |
4 | | uniform, emblem of authority, or equipment while so
|
5 | | employed.
|
6 | | (m) If information is discovered affecting the
|
7 | | registration of a person whose fingerprints were submitted
|
8 | | under this Section, the Department shall so notify the agency
|
9 | | that submitted the fingerprints on behalf of that person.
|
10 | | (n) Peace officers shall be exempt from the requirements
of |
11 | | this Section relating to permanent employee registration
|
12 | | cards. The agency shall remain responsible for any peace
|
13 | | officer employed under this exemption, regardless of whether
|
14 | | the peace officer is compensated as an employee or as an
|
15 | | independent contractor and as further defined by rule.
|
16 | | (o) Persons who have no access to confidential or
security |
17 | | information, who do not go to a client's or prospective |
18 | | client's residence or place of business, and who otherwise do |
19 | | not provide
traditional security services are exempt from |
20 | | employee
registration. Examples of exempt employees include, |
21 | | but are
not limited to, employees working in the capacity of |
22 | | ushers,
directors, ticket takers, cashiers, drivers, and |
23 | | reception
personnel. Confidential or security information is |
24 | | that which
pertains to employee files, scheduling, client |
25 | | contracts, or
technical security and alarm data.
|
26 | | (p) An applicant who is 21 years of age or older seeking a |
|
| | HB5805 | - 51 - | LRB100 16869 SLF 32010 b |
|
|
1 | | religious exemption to the photograph requirement of this |
2 | | Section shall furnish with the application an approved copy of |
3 | | United States Department of the Treasury Internal Revenue |
4 | | Service Form 4029. Regardless of age, an applicant seeking a |
5 | | religious exemption to this photograph requirement shall |
6 | | submit fingerprints in a form and manner prescribed by the |
7 | | Department with his or her application in lieu of a photograph. |
8 | | (Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15 .)
|
9 | | (225 ILCS 447/35-35)
|
10 | | (Section scheduled to be repealed on January 1, 2024)
|
11 | | Sec. 35-35. Requirement of a firearm control
card.
|
12 | | (a) No person shall perform duties that include the use,
|
13 | | carrying, or possession of a firearm in the performance of
|
14 | | those duties without complying with the provisions of this
|
15 | | Section and having been issued a valid firearm control
card by |
16 | | the Department.
|
17 | | (b) No employer shall employ any person to perform the
|
18 | | duties for which licensure or employee registration is required |
19 | | and allow
that person to carry a firearm unless that person has |
20 | | complied
with all the firearm training requirements of this |
21 | | Section and
has been issued a firearm control card. This Act
|
22 | | permits only the following to carry firearms while actually
|
23 | | engaged in the performance of their duties or while commuting
|
24 | | directly to or from their places of employment: persons
|
25 | | licensed as private detectives and their registered employees;
|
|
| | HB5805 | - 52 - | LRB100 16869 SLF 32010 b |
|
|
1 | | persons licensed as private security contractors and their
|
2 | | registered employees; persons licensed as private alarm
|
3 | | contractors and their registered employees; and employees of a
|
4 | | registered armed proprietary security force.
|
5 | | (c) Possession of a valid firearm control
card
allows a |
6 | | licensee or employee to carry a firearm not otherwise |
7 | | prohibited
by law while the licensee or employee is engaged in |
8 | | the performance of his
or her duties or while the licensee or |
9 | | employee is commuting directly to
or from the licensee's or |
10 | | employee's place or places of employment.
|
11 | | (d) The Department shall issue a firearm control
card to a |
12 | | person who has passed an approved firearm training
course, who |
13 | | is currently licensed or employed by an agency licensed by
this |
14 | | Act and has met all the requirements of this Act, and who is |
15 | | not prohibited under State or federal law from possessing a |
16 | | firearm
possesses a valid firearm owner identification card .
|
17 | | Application for the firearm control card shall be made
by the |
18 | | employer to the Department on forms provided by the
Department. |
19 | | The Department shall forward the card to the
employer who shall |
20 | | be responsible for its issuance to the licensee or
employee. |
21 | | The firearm control card shall be issued by
the Department and |
22 | | shall identify the person holding it and
the name of the course |
23 | | where the licensee or employee received firearm
instruction and |
24 | | shall specify the type of weapon or weapons
the person is |
25 | | authorized by the Department to carry and for
which the person |
26 | | has been trained.
|
|
| | HB5805 | - 53 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (e) Expiration and requirements for renewal of firearm |
2 | | control cards shall be determined by rule.
|
3 | | (f) The Department may, in addition to any other
|
4 | | disciplinary action permitted by this Act, refuse to issue,
|
5 | | suspend, or revoke a firearm control card if the
applicant or |
6 | | holder has been convicted of any felony or crime
involving the |
7 | | illegal use, carrying, or possession of a deadly
weapon or for |
8 | | a violation of this Act or rules adopted promulgated
under this |
9 | | Act. The Department shall refuse to issue or shall
revoke a |
10 | | firearm control card if the applicant or holder is prohibited |
11 | | under State or federal law from possessing a firearm
fails to |
12 | | possess a valid firearm owners identification card without |
13 | | hearing .
The Secretary shall summarily suspend a firearm |
14 | | control
card if the Secretary finds that its continued use |
15 | | would
constitute an imminent danger to the public. A hearing |
16 | | shall
be held before the Board within 30 days if the Secretary
|
17 | | summarily suspends a firearm control card.
|
18 | | (g) Notwithstanding any other provision of this Act to the
|
19 | | contrary, all requirements relating to firearms control
cards |
20 | | do not apply to a peace officer.
|
21 | | (h) The Department may issue a temporary firearm control |
22 | | card pending issuance of a new firearm control card upon an |
23 | | agency's acquiring of an established armed account. An agency |
24 | | that has acquired armed employees as a result of acquiring an |
25 | | established armed account may, on forms supplied by the |
26 | | Department, request the issuance of a temporary firearm control |
|
| | HB5805 | - 54 - | LRB100 16869 SLF 32010 b |
|
|
1 | | card for each acquired employee who held a valid firearm |
2 | | control card under his or her employment with the newly |
3 | | acquired established armed account immediately preceding the |
4 | | acquiring of the account and who continues to meet all of the |
5 | | qualifications for issuance of a firearm control card set forth |
6 | | in this Act and any rules adopted under this Act. The |
7 | | Department shall, by rule, set the fee for issuance of a |
8 | | temporary firearm control card.
|
9 | | (i) The Department shall not issue a firearm control card |
10 | | to a licensed fingerprint vendor or a licensed locksmith or |
11 | | employees of a licensed fingerprint vendor agency or a licensed |
12 | | locksmith agency.
|
13 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
14 | | Section 50. The Mental Health and Developmental |
15 | | Disabilities Code is amended by changing Sections 6-103.1, |
16 | | 6-103.2, and 6-103.3 as follows: |
17 | | (405 ILCS 5/6-103.1) |
18 | | Sec. 6-103.1. Adjudication as a person with a mental |
19 | | disability. When a person has been adjudicated as a person with |
20 | | a mental disability as defined in Section 1.1 of the Firearm |
21 | | Owners Identification Card Act , including, but not limited to, |
22 | | an adjudication as a person with a disability as defined in |
23 | | Section 11a-2 of the Probate Act of 1975, the court shall |
24 | | direct
the circuit court clerk to notify the
Department of |
|
| | HB5805 | - 55 - | LRB100 16869 SLF 32010 b |
|
|
1 | | State Police , Firearm Owner's Identification
(FOID) Office , in |
2 | | a form and manner prescribed by the Department of State Police, |
3 | | and shall forward a copy of the court order to the Department |
4 | | no later than 7 days after the entry of the order. Upon receipt |
5 | | of the order, the Department of State Police shall provide |
6 | | notification to the National Instant Criminal Background Check |
7 | | System. In this Section, "has been adjudicated as a mentally |
8 | | disabled person" means the person is the subject of a |
9 | | determination by a court, board, commission, or other lawful |
10 | | authority that the person, as a result of marked subnormal |
11 | | intelligence, or mental illness, mental impairment, |
12 | | incompetency, condition, or disease:
|
13 | | (1) presents a clear and present danger to himself, |
14 | | herself, or to others;
|
15 | | (2) lacks the mental capacity to manage his or her own |
16 | | affairs or is adjudicated a disabled person as defined in |
17 | | Section 11a-2 of the Probate Act of 1975; |
18 | | (3) is not guilty in a criminal case by reason of |
19 | | insanity, mental disease or defect; |
20 | | (3.5) is guilty but mentally ill, as provided in |
21 | | Section 5-2-6 of the Unified Code of Corrections; |
22 | | (4) is incompetent to stand trial in a criminal case; |
23 | | (5) is not guilty by reason of lack of mental |
24 | | responsibility under Articles 50a and 72b of the Uniform |
25 | | Code of Military Justice, 10 U.S.C. 850a, 876b; |
26 | | (6) is a sexually violent person under subsection (f) |
|
| | HB5805 | - 56 - | LRB100 16869 SLF 32010 b |
|
|
1 | | of Section 5 of the Sexually Violent Persons Commitment |
2 | | Act; |
3 | | (7) is a sexually dangerous person under the Sexually |
4 | | Dangerous Persons Act; |
5 | | (8) is unfit to stand trial under the Juvenile Court |
6 | | Act of 1987; |
7 | | (9) is not guilty by reason of insanity under the
|
8 | | Juvenile Court Act of 1987; |
9 | | (10) is subject to involuntary admission as an
|
10 | | inpatient as defined in Section 1-119 of this Code; |
11 | | (11) is subject to involuntary admission as an
|
12 | | outpatient as defined in Section 1-119.1 of this Code; |
13 | | (12) is subject to judicial admission as set forth in
|
14 | | Section 4-500 of this Code; or |
15 | | (13) is subject to the provisions of the Interstate
|
16 | | Agreements on Sexually Dangerous Persons Act. |
17 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.) |
18 | | (405 ILCS 5/6-103.2) |
19 | | Sec. 6-103.2. Developmental disability; notice. If a |
20 | | person 14 years old or older is determined to be a person with |
21 | | a developmental disability by a physician, clinical |
22 | | psychologist, or qualified examiner, the physician, clinical |
23 | | psychologist, or qualified examiner shall notify the |
24 | | Department of Human Services within 7 days of making the |
25 | | determination that the person has a developmental disability. |
|
| | HB5805 | - 57 - | LRB100 16869 SLF 32010 b |
|
|
1 | | The Department of Human Services shall immediately update its |
2 | | records and information relating to mental health and |
3 | | developmental disabilities, and if appropriate, shall notify |
4 | | the Department of State Police in a form and manner prescribed |
5 | | by the Department of State Police. Information disclosed under |
6 | | this Section shall remain privileged and confidential, and |
7 | | shall not be redisclosed, except as required under clause |
8 | | (e)(2) of Section 24-4.5 of the Criminal Code of 2012 |
9 | | subsection (e) of Section 3.1 of the Firearm Owners |
10 | | Identification Card Act , nor used for any other purpose. The |
11 | | method of providing this information shall guarantee that the |
12 | | information is not released beyond that which is necessary for |
13 | | the purpose of this Section and shall be provided by rule by |
14 | | the Department of Human Services. The identity of the person |
15 | | reporting under this Section shall not be disclosed to the |
16 | | subject of the report. |
17 | | The physician, clinical psychologist, or qualified |
18 | | examiner making the determination and his or her employer may |
19 | | not be held criminally, civilly, or professionally liable for |
20 | | making or not making the notification required under this |
21 | | Section, except for willful or wanton misconduct.
|
22 | | In this Section, "developmentally disabled" has the |
23 | | meaning ascribed to it in Section 12 of the Mental Health and |
24 | | Developmental Disabilities Confidentiality Act. |
25 | | For purposes of this Section, "developmental disability" |
26 | | means a disability which is attributable to any other condition |
|
| | HB5805 | - 58 - | LRB100 16869 SLF 32010 b |
|
|
1 | | which results in impairment similar to that caused by an |
2 | | intellectual disability and which requires services similar to |
3 | | those required by intellectually disabled persons. The |
4 | | disability must originate before the age of 18 years, be |
5 | | expected to continue indefinitely, and constitute a |
6 | | substantial disability. This disability results, in the |
7 | | professional opinion of a physician, clinical psychologist, or |
8 | | qualified examiner, in significant functional limitations in 3 |
9 | | or more of the following areas of major life activity: |
10 | | (i) self-care; |
11 | | (ii) receptive and expressive language; |
12 | | (iii) learning; |
13 | | (iv) mobility; or |
14 | | (v) self-direction. |
15 | | "Determined to be a person with a developmental disability |
16 | | by a physician, clinical psychologist, or qualified examiner" |
17 | | means in the professional opinion of the physician, clinical |
18 | | psychologist, or qualified examiner, a person is diagnosed, |
19 | | assessed, or evaluated as having a developmental disability. |
20 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
21 | | eff. 7-27-15; 99-642, eff. 7-28-16.) |
22 | | (405 ILCS 5/6-103.3) |
23 | | Sec. 6-103.3. Clear and present danger; notice. If a person |
24 | | is determined to pose a clear and present danger to himself, |
25 | | herself, or to others by a physician, clinical psychologist, or |
|
| | HB5805 | - 59 - | LRB100 16869 SLF 32010 b |
|
|
1 | | qualified examiner, whether employed by the State, by any |
2 | | public or private mental health facility or part thereof, or by |
3 | | a law enforcement official or a school administrator, then the |
4 | | physician, clinical psychologist, qualified examiner shall |
5 | | notify the Department of Human Services and a law enforcement |
6 | | official or school administrator shall notify the Department of |
7 | | State Police, within 24 hours of making the determination that |
8 | | the person poses a clear and present danger. The Department of |
9 | | Human Services shall immediately update its records and |
10 | | information relating to mental health and developmental |
11 | | disabilities, and if appropriate, shall notify the Department |
12 | | of State Police in a form and manner prescribed by the |
13 | | Department of State Police. Information disclosed under this |
14 | | Section shall remain privileged and confidential, and shall not |
15 | | be redisclosed, except as required under clause (e)(2) of |
16 | | Section 24-4.5 of the Criminal Code of 2012 subsection (e) of |
17 | | Section 3.1 of the Firearm Owners Identification Card Act , nor |
18 | | used for any other purpose. The method of providing this |
19 | | information shall guarantee that the information is not |
20 | | released beyond that which is necessary for the purpose of this |
21 | | Section and shall be provided by rule by the Department of |
22 | | Human Services. The identity of the person reporting under this |
23 | | Section shall not be disclosed to the subject of the report. |
24 | | The physician, clinical psychologist, qualified examiner, law |
25 | | enforcement official, or school administrator making the |
26 | | determination and his or her employer shall not be held |
|
| | HB5805 | - 60 - | LRB100 16869 SLF 32010 b |
|
|
1 | | criminally, civilly, or professionally liable for making or not |
2 | | making the notification required under this Section, except for |
3 | | willful or wanton misconduct. This Section does not apply to a |
4 | | law enforcement official, if making the notification under this |
5 | | Section will interfere with an ongoing or pending criminal |
6 | | investigation. |
7 | | For the purposes of this Section: |
8 | | "Clear and present danger" means a person who: |
9 | | (1) communicates a serious threat of physical
|
10 | | violence against a reasonably identifiable victim or |
11 | | poses a clear and imminent risk of serious physical |
12 | | injury to himself, herself, or another person as |
13 | | determined by a physician, clinical psychologist, or |
14 | | qualified examiner; or |
15 | | (2) demonstrates threatening physical or verbal
|
16 | | behavior, such as violent, suicidal, or assaultive |
17 | | threats, actions, or other behavior, as determined by a |
18 | | physician, clinical psychologist, qualified examiner, |
19 | | school administrator, or law enforcement official. |
20 | | "Physician", "clinical psychologist", and "qualified |
21 | | examiner" have the meanings ascribed to them in this Code |
22 | | has the meaning ascribed to it in Section 1.1 of the |
23 | | Firearm Owners Identification Card Act . |
24 | | "Determined to pose a clear and present danger to |
25 | | himself, herself, or to others by a physician, clinical |
26 | | psychologist, or qualified examiner" means in the |
|
| | HB5805 | - 61 - | LRB100 16869 SLF 32010 b |
|
|
1 | | professional opinion of the physician, clinical |
2 | | psychologist, or qualified examiner, a person poses a clear |
3 | | and present danger. |
4 | | "School administrator" means the person required to |
5 | | report under the School Administrator Reporting of Mental |
6 | | Health Clear and Present Danger Determinations Law.
|
7 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
8 | | Section 55. The Lead Poisoning Prevention Act is amended by |
9 | | changing Section 2 as follows:
|
10 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
|
11 | | Sec. 2. Definitions. As used in this Act:
|
12 | | "Child care facility" means any structure used by a child |
13 | | care
provider licensed by the Department of Children and Family |
14 | | Services or
public or private school structure frequented by |
15 | | children 6 years of
age or younger.
|
16 | | "Childhood Lead Risk Questionnaire" means the |
17 | | questionnaire developed by the Department for use by physicians |
18 | | and other health care providers to determine risk factors for |
19 | | children 6 years of age or younger residing in areas designated |
20 | | as low risk for lead exposure. |
21 | | "Delegate agency" means a unit of local government or |
22 | | health
department approved by the Department to carry out the |
23 | | provisions of this Act.
|
24 | | "Department" means the Department of Public Health.
|
|
| | HB5805 | - 62 - | LRB100 16869 SLF 32010 b |
|
|
1 | | "Director" means the Director of Public Health.
|
2 | | "Dwelling unit" means an individual unit within a |
3 | | residential building used as living quarters for one household. |
4 | | "Elevated blood lead level" means a blood lead level in |
5 | | excess of those considered within the permissible limits as |
6 | | established under State and federal rules. |
7 | | "Exposed surface" means any interior or exterior surface of
|
8 | | a regulated facility. |
9 | | "High risk area" means an area in the State determined by |
10 | | the Department to
be high risk for lead exposure for children 6 |
11 | | years of age or younger. The
Department may consider, but is |
12 | | not limited to, the following factors to
determine a high risk |
13 | | area: age and condition (using Department of Housing and
Urban
|
14 | | Development definitions of "slum" and "blighted") of housing, |
15 | | proximity to
highway traffic or heavy local traffic or both, |
16 | | percentage of housing
determined as rental or vacant, proximity |
17 | | to industry using lead, established
incidence of elevated blood |
18 | | lead levels in children, percentage of population
living
below |
19 | | 200% of federal poverty guidelines, and number of children |
20 | | residing in
the area who are 6 years of age or younger.
|
21 | | "Lead abatement" means any approved work practices that |
22 | | will permanently eliminate lead exposure or remove the |
23 | | lead-bearing substances in a regulated facility. The |
24 | | Department shall establish by rule which work practices are |
25 | | approved or prohibited for lead abatement. |
26 | | "Lead abatement contractor" means any person or entity |
|
| | HB5805 | - 63 - | LRB100 16869 SLF 32010 b |
|
|
1 | | licensed by the
Department to perform lead abatement and |
2 | | mitigation.
|
3 | | "Lead abatement supervisor" means any person employed by a |
4 | | lead abatement contractor and licensed by the Department to |
5 | | perform lead abatement and lead mitigation and to supervise |
6 | | lead workers who perform lead abatement and lead mitigation. |
7 | | "Lead abatement worker" means any person employed by a lead |
8 | | abatement
contractor and licensed by the Department to perform |
9 | | lead abatement and
mitigation.
|
10 | | "Lead activities" means the conduct of any lead services, |
11 | | including, lead inspection, lead risk assessment, lead |
12 | | mitigation, or lead abatement work or supervision in a |
13 | | regulated facility. |
14 | | "Lead-bearing substance" means any item containing or |
15 | | coated with lead such that the lead content is more than |
16 | | six-hundredths of one percent (0.06%) lead by total weight; or |
17 | | any dust on surfaces or in
furniture or other nonpermanent |
18 | | elements of the regulated facility; or any paint or
other |
19 | | surface coating material containing more than five-tenths of |
20 | | one
percent (0.5%) lead by total weight (calculated as lead |
21 | | metal) in the total
non-volatile content of liquid paint; or |
22 | | lead-bearing substances containing
greater than one milligram |
23 | | per square centimeter or any lower standard for
lead content in |
24 | | residential paint as may be established by federal law or rule; |
25 | | or more than 1 milligram per square centimeter in the dried
|
26 | | film of paint or previously applied substance; or item or dust |
|
| | HB5805 | - 64 - | LRB100 16869 SLF 32010 b |
|
|
1 | | on item containing lead in
excess of the amount specified in |
2 | | the rules authorized by
this Act or a lower standard for lead |
3 | | content as may be established by
federal law or rule. |
4 | | "Lead-bearing substance" does not include firearm ammunition |
5 | | or components as defined by Section 2-7.1 of the Criminal Code |
6 | | of 2012 the Firearm Owners Identification Card Act .
|
7 | | "Lead hazard" means a lead-bearing substance that poses an
|
8 | | immediate health hazard to humans.
|
9 | | "Lead hazard screen" means a lead risk assessment that |
10 | | involves limited dust and paint sampling for lead-bearing |
11 | | substances and lead hazards. This service is used as a |
12 | | screening tool designed to determine if further lead |
13 | | investigative services are required for the regulated |
14 | | facility. |
15 | | "Lead inspection" means a surface-by-surface investigation |
16 | | to determine the presence of lead-based paint. |
17 | | "Lead inspector" means an individual who has been trained |
18 | | by a Department-approved training program and is licensed by |
19 | | the Department to conduct lead inspections; to sample for the |
20 | | presence of lead in paint, dust, soil, and water; and to |
21 | | conduct compliance investigations. |
22 | | "Lead mitigation" means the remediation, in a
manner |
23 | | described in Section 9, of a lead hazard so that the
|
24 | | lead-bearing substance does not pose an immediate
health hazard |
25 | | to humans. |
26 | | "Lead poisoning" means the condition of having blood lead |
|
| | HB5805 | - 65 - | LRB100 16869 SLF 32010 b |
|
|
1 | | levels in
excess of those considered safe under State and |
2 | | federal rules.
|
3 | | "Lead risk assessment" means an on-site investigation to |
4 | | determine the existence, nature, severity, and location of lead |
5 | | hazards. "Lead risk assessment" includes any lead sampling and |
6 | | visual assessment associated with conducting a lead risk |
7 | | assessment and lead hazard screen and all lead sampling |
8 | | associated with compliance investigations. |
9 | | "Lead risk assessor" means an individual who has been |
10 | | trained by a Department-approved training program and is |
11 | | licensed by the Department to conduct lead risk assessments, |
12 | | lead inspections, and lead hazard screens; to sample for the |
13 | | presence of lead in paint, dust, soil, water, and sources for |
14 | | lead-bearing substances; and to conduct compliance |
15 | | investigations. |
16 | | "Lead training program provider" means any person |
17 | | providing Department-approved lead training in Illinois to |
18 | | individuals seeking licensure in accordance with the Act. |
19 | | "Low risk area" means an area in the State determined by
|
20 | | the Department to be low risk for lead exposure for children 6 |
21 | | years of age or younger. The Department may consider the |
22 | | factors named in "high risk area" to determine low
risk areas. |
23 | | "Owner" means any person, who alone, jointly, or severally |
24 | | with
others:
|
25 | | (a) Has legal title to any regulated facility, with or
|
26 | | without actual possession of the regulated facility, or
|
|
| | HB5805 | - 66 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (b) Has charge, care, or control of the regulated |
2 | | facility as owner or agent of the owner, or as executor, |
3 | | administrator,
trustee, or guardian of the estate of the |
4 | | owner.
|
5 | | "Person" means any individual, partnership, firm, company, |
6 | | limited liability company, corporation, association, joint |
7 | | stock company, trust, estate, political subdivision, State |
8 | | agency, or any other legal entity, or their legal |
9 | | representative, agent, or assign.
|
10 | | "Regulated facility" means a residential building or child |
11 | | care facility. |
12 | | "Residential building" means any room, group of rooms, or |
13 | | other
interior areas of a structure designed or used for human |
14 | | habitation; common
areas accessible by inhabitants; and the |
15 | | surrounding property or structures.
|
16 | | (Source: P.A. 98-690, eff. 1-1-15 .)
|
17 | | (430 ILCS 65/Act rep.)
|
18 | | Section 60. The Firearm Owners Identification Card Act is |
19 | | repealed. |
20 | | Section 65. The Firearm Concealed Carry Act is amended by |
21 | | changing Sections 25, 30, 40, 70, 80, and 105 as follows: |
22 | | (430 ILCS 66/25)
|
23 | | Sec. 25. Qualifications for a license. |
|
| | HB5805 | - 67 - | LRB100 16869 SLF 32010 b |
|
|
1 | | The Department shall issue a license to an applicant |
2 | | completing an application in accordance with Section 30 of this |
3 | | Act if the person: |
4 | | (1) is at least 21 years of age; |
5 | | (2) has a currently valid Firearm Owner's |
6 | | Identification Card and at the time of application meets |
7 | | the requirements for the issuance of a Firearm Owner's |
8 | | Identification Card and is not prohibited under State or |
9 | | the Firearm Owners Identification Card Act or federal law |
10 | | from possessing or receiving a firearm; |
11 | | (3) has not been convicted or found guilty in this |
12 | | State or in any other state of: |
13 | | (A) a misdemeanor involving the use or threat of |
14 | | physical force or violence to any person within the 5 |
15 | | years preceding the date of the license application; or |
16 | | (B) 2 or more violations related to driving while |
17 | | under the influence of alcohol, other drug or drugs, |
18 | | intoxicating compound or compounds, or any combination |
19 | | thereof, within the 5 years preceding the date of the |
20 | | license application; |
21 | | (4) is not the subject of a pending arrest warrant, |
22 | | prosecution, or proceeding for an offense or action that |
23 | | could lead to disqualification to own or possess a firearm; |
24 | | (5) has not been in residential or court-ordered |
25 | | treatment for alcoholism, alcohol detoxification, or drug |
26 | | treatment within the 5 years immediately preceding the date |
|
| | HB5805 | - 68 - | LRB100 16869 SLF 32010 b |
|
|
1 | | of the license application; and |
2 | | (6) has completed firearms training and any education |
3 | | component required under Section 75 of this Act.
|
4 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) |
5 | | (430 ILCS 66/30)
|
6 | | Sec. 30. Contents of license application. |
7 | | (a) The license application shall be in writing, under |
8 | | penalty of perjury, on a standard form adopted by the |
9 | | Department and shall be accompanied by the documentation |
10 | | required in this Section and the applicable fee. Each |
11 | | application form shall include the following statement printed |
12 | | in bold type: "Warning: Entering false information on this form |
13 | | is punishable as perjury under Section 32-2 of the Criminal |
14 | | Code of 2012." |
15 | | (b) The application shall contain the following: |
16 | | (1) the applicant's name, current address, date and |
17 | | year of birth, place of birth, height, weight, hair color, |
18 | | eye color, maiden name or any other name the applicant has |
19 | | used or identified with, and any address where the |
20 | | applicant resided for more than 30 days within the 10 years |
21 | | preceding the date of the license application; |
22 | | (2) the applicant's valid driver's license number or |
23 | | valid state identification card number; |
24 | | (3) a waiver of the applicant's privacy and |
25 | | confidentiality rights and privileges under all federal |
|
| | HB5805 | - 69 - | LRB100 16869 SLF 32010 b |
|
|
1 | | and state laws, including those limiting access to juvenile |
2 | | court, criminal justice, psychological, or psychiatric |
3 | | records or records relating to any institutionalization of |
4 | | the applicant, and an affirmative request that a person |
5 | | having custody of any of these records provide it or |
6 | | information concerning it to the Department. The waiver |
7 | | only applies to records sought in connection with |
8 | | determining whether the applicant qualifies for a license |
9 | | to carry a concealed firearm under this Act , or whether the |
10 | | applicant remains in compliance with the Firearm Owners |
11 | | Identification Card Act ; |
12 | | (4) an affirmation that the applicant is not prohibited |
13 | | under State or federal law from possessing or receiving a |
14 | | firearm possesses a currently valid Firearm Owner's |
15 | | Identification Card and card number if possessed or notice |
16 | | the applicant is applying for a Firearm Owner's |
17 | | Identification Card in conjunction with the license |
18 | | application ; |
19 | | (5) an affirmation that the applicant has not been |
20 | | convicted or found guilty of: |
21 | | (A) a felony; |
22 | | (B) a misdemeanor involving the use or threat of |
23 | | physical force or violence to any person within the 5 |
24 | | years preceding the date of the application; or |
25 | | (C) 2 or more violations related to driving while |
26 | | under the influence of alcohol, other drug or drugs, |
|
| | HB5805 | - 70 - | LRB100 16869 SLF 32010 b |
|
|
1 | | intoxicating compound or compounds, or any combination |
2 | | thereof, within the 5 years preceding the date of the |
3 | | license application; and |
4 | | (6) whether the applicant has failed a drug test for a |
5 | | drug for which the applicant did not have a prescription, |
6 | | within the previous year, and if so, the provider of the |
7 | | test, the specific substance involved, and the date of the |
8 | | test; |
9 | | (7) written consent for the Department to review and |
10 | | use the applicant's Illinois digital driver's license or |
11 | | Illinois identification card photograph and signature; |
12 | | (8) a full set of fingerprints submitted to the |
13 | | Department in electronic format, provided the Department |
14 | | may accept an application submitted without a set of |
15 | | fingerprints in which case the Department shall be granted |
16 | | 30 days in addition to the 90 days provided under |
17 | | subsection (e) of Section 10 of this Act to issue or deny a |
18 | | license; |
19 | | (9) a head and shoulder color photograph in a size |
20 | | specified by the Department taken within the 30 days |
21 | | preceding the date of the license application; and |
22 | | (10) a photocopy of any certificates or other evidence |
23 | | of compliance with the training requirements under this |
24 | | Act.
|
25 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
|
| | HB5805 | - 71 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (430 ILCS 66/40)
|
2 | | Sec. 40. Non-resident license applications. |
3 | | (a) For the purposes of this Section, "non-resident" means |
4 | | a person who has not resided within this State for more than 30 |
5 | | days and resides in another state or territory. |
6 | | (b) The Department shall by rule allow for non-resident |
7 | | license applications from any state or territory of the United |
8 | | States with laws related to firearm ownership, possession, and |
9 | | carrying, that are substantially similar to the requirements to |
10 | | obtain a license under this Act. |
11 | | (c) A resident of a state or territory approved by the |
12 | | Department under subsection (b) of this Section may apply for a |
13 | | non-resident license. The applicant shall apply to the |
14 | | Department and must meet all of the qualifications established |
15 | | in Section 25 of this Act , except for the Illinois residency |
16 | | requirement in item (xiv) of paragraph (2) of subsection (a) of |
17 | | Section 4 of the Firearm Owners Identification Card Act . The |
18 | | applicant shall submit: |
19 | | (1) the application and documentation required under |
20 | | Section 30 of this Act and the applicable fee; |
21 | | (2) a notarized document stating that the applicant: |
22 | | (A) is eligible under federal law and the laws of |
23 | | his or her state or territory of residence to own or |
24 | | possess a firearm; |
25 | | (B) if applicable, has a license or permit to carry |
26 | | a firearm or concealed firearm issued by his or her |
|
| | HB5805 | - 72 - | LRB100 16869 SLF 32010 b |
|
|
1 | | state or territory of residence and attach a copy of |
2 | | the license or permit to the application; |
3 | | (C) understands Illinois laws pertaining to the |
4 | | possession and transport of firearms; and |
5 | | (D) acknowledges that the applicant is subject to |
6 | | the jurisdiction of the Department and Illinois courts |
7 | | for any violation of this Act; |
8 | | (3) a photocopy of any certificates or other evidence |
9 | | of compliance with the training requirements under Section |
10 | | 75 of this Act; and |
11 | | (4) a head and shoulder color photograph in a size |
12 | | specified by the Department taken within the 30 days |
13 | | preceding the date of the application. |
14 | | (d) In lieu of an Illinois driver's license or Illinois |
15 | | identification card, a non-resident applicant shall provide |
16 | | similar documentation from his or her state or territory of |
17 | | residence. The applicant shall submit In lieu of a valid |
18 | | Firearm Owner's Identification Card, the applicant shall |
19 | | submit documentation and information required by the |
20 | | Department to obtain a Firearm Owner's Identification Card, |
21 | | including an affidavit that the non-resident meets the mental |
22 | | health standards to obtain a firearm under Illinois law, and |
23 | | the Department shall ensure that the applicant would meet the |
24 | | eligibility criteria under State law to possess a firearm to |
25 | | obtain a Firearm Owner's Identification card if he or she was a |
26 | | resident of this State. |
|
| | HB5805 | - 73 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (e) Nothing in this Act shall prohibit a non-resident from |
2 | | transporting a concealed firearm within his or her vehicle in |
3 | | Illinois, if the concealed firearm remains within his or her |
4 | | vehicle and the non-resident: |
5 | | (1) is not prohibited from owning or possessing a |
6 | | firearm under federal law; |
7 | | (2) is eligible to carry a firearm in public under the |
8 | | laws of his or her state or territory of residence, as
|
9 | | evidenced by the possession of a concealed carry license or |
10 | | permit issued by his or her state of residence, if
|
11 | | applicable; and |
12 | | (3) is not in possession of a license under this Act. |
13 | | If the non-resident leaves his or her vehicle unattended, |
14 | | he or she shall store the firearm within a locked vehicle or |
15 | | locked container within the vehicle in accordance with |
16 | | subsection (b) of Section 65 of this Act.
|
17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, |
18 | | eff. 7-20-15.) |
19 | | (430 ILCS 66/70)
|
20 | | Sec. 70. Violations. |
21 | | (a) A license issued or renewed under this Act shall be |
22 | | revoked if, at any time, the licensee is found to be ineligible |
23 | | for a license under this Act or the licensee is prohibited from |
24 | | possessing a firearm under State or federal law no longer meets |
25 | | the eligibility requirements of the Firearm Owners |
|
| | HB5805 | - 74 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Identification Card Act . |
2 | | (b) A license shall be suspended if an order of protection, |
3 | | including an emergency order of protection, plenary order of |
4 | | protection, or interim order of protection under Article 112A |
5 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
6 | | Domestic Violence Act of 1986, is issued against a licensee for |
7 | | the duration of the order, or if the Department is made aware |
8 | | of a similar order issued against the licensee in any other |
9 | | jurisdiction. If an order of protection is issued against a |
10 | | licensee, the licensee shall surrender the license, as |
11 | | applicable, to the court at the time the order is entered or to |
12 | | the law enforcement agency or entity serving process at the |
13 | | time the licensee is served the order. The court, law |
14 | | enforcement agency, or entity responsible for serving the order |
15 | | of protection shall notify the Department within 7 days and |
16 | | transmit the license to the Department. |
17 | | (c) A license is invalid upon expiration of the license, |
18 | | unless the licensee has submitted an application to renew the |
19 | | license, and the applicant is otherwise eligible to possess a |
20 | | license under this Act. |
21 | | (d) A licensee shall not carry a concealed firearm while |
22 | | under the influence of alcohol, other drug or drugs, |
23 | | intoxicating compound or combination of compounds, or any |
24 | | combination thereof, under the standards set forth in |
25 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
26 | | A licensee in violation of this subsection (d) shall be |
|
| | HB5805 | - 75 - | LRB100 16869 SLF 32010 b |
|
|
1 | | guilty of a Class A misdemeanor for a first or second violation |
2 | | and a Class 4 felony for a third violation. The Department may |
3 | | suspend a license for up to 6 months for a second violation and |
4 | | shall permanently revoke a license for a third violation. |
5 | | (e) Except as otherwise provided, a licensee in violation |
6 | | of this Act shall be guilty of a Class B misdemeanor. A second |
7 | | or subsequent violation is a Class A misdemeanor. The |
8 | | Department may suspend a license for up to 6 months for a |
9 | | second violation and shall permanently revoke a license for 3 |
10 | | or more violations of Section 65 of this Act. Any person |
11 | | convicted of a violation under this Section shall pay a $150 |
12 | | fee to be deposited into the Mental Health Reporting Fund, plus |
13 | | any applicable court costs or fees. |
14 | | (f) A licensee convicted or found guilty of a violation of |
15 | | this Act who has a valid license and is otherwise eligible to |
16 | | carry a concealed firearm shall only be subject to the |
17 | | penalties under this Section and shall not be subject to the |
18 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
19 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
20 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
21 | | Criminal Code of 2012. Except as otherwise provided in this |
22 | | subsection, nothing in this subsection prohibits the licensee |
23 | | from being subjected to penalties for violations other than |
24 | | those specified in this Act. |
25 | | (g) A licensee whose license is revoked, suspended, or |
26 | | denied shall, within 48 hours of receiving notice of the |
|
| | HB5805 | - 76 - | LRB100 16869 SLF 32010 b |
|
|
1 | | revocation, suspension, or denial, surrender his or her |
2 | | concealed carry license to the local law enforcement agency |
3 | | where the person resides. The local law enforcement agency |
4 | | shall provide the licensee a receipt and transmit the concealed |
5 | | carry license to the Department of State Police. If the |
6 | | licensee whose concealed carry license has been revoked, |
7 | | suspended, or denied fails to comply with the requirements of |
8 | | this subsection, the law enforcement agency where the person |
9 | | resides may petition the circuit court to issue a warrant to |
10 | | search for and seize the concealed carry license in the |
11 | | possession and under the custody or control of the licensee |
12 | | whose concealed carry license has been revoked, suspended, or |
13 | | denied. The observation of a concealed carry license in the |
14 | | possession of a person whose license has been revoked, |
15 | | suspended, or denied constitutes a sufficient basis for the |
16 | | arrest of that person for violation of this subsection. A |
17 | | violation of this subsection is a Class A misdemeanor. |
18 | | (h) (Blank). A license issued or renewed under this Act |
19 | | shall be revoked if, at any time, the licensee is found |
20 | | ineligible for a Firearm Owner's Identification Card, or the |
21 | | licensee no longer possesses a valid Firearm Owner's |
22 | | Identification Card. A licensee whose license is revoked under |
23 | | this subsection (h) shall surrender his or her concealed carry |
24 | | license as provided for in subsection (g) of this Section. |
25 | | This subsection shall not apply to a person who has filed |
26 | | an application with the State Police for renewal of a Firearm
|
|
| | HB5805 | - 77 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Owner's Identification Card and who is not otherwise ineligible |
2 | | to obtain a Firearm Owner's Identification Card.
|
3 | | (i) A certified firearms instructor who knowingly provides |
4 | | or offers to provide a false certification that an applicant |
5 | | has completed firearms training as required under this Act is |
6 | | guilty of a Class A misdemeanor. A person guilty of a violation |
7 | | of this subsection (i) is not eligible for court supervision. |
8 | | The Department shall permanently revoke the firearms |
9 | | instructor certification of a person convicted under this |
10 | | subsection (i). |
11 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, |
12 | | eff. 8-15-14.) |
13 | | (430 ILCS 66/80) |
14 | | Sec. 80. Certified firearms instructors. |
15 | | (a) Within 60 days of the effective date of this Act, the |
16 | | Department shall begin approval of certified firearms |
17 | | instructors and enter certified firearms instructors into an |
18 | | online registry on the Department's website. |
19 | | (b) A person who is not a certified firearms instructor |
20 | | shall not teach applicant training courses or advertise or |
21 | | otherwise represent courses they teach as qualifying their |
22 | | students to meet the requirements to receive a license under |
23 | | this Act. Each violation of this subsection is a business |
24 | | offense with a fine of at least $1,000 per violation. |
25 | | (c) A person seeking to become a certified firearms |
|
| | HB5805 | - 78 - | LRB100 16869 SLF 32010 b |
|
|
1 | | instructor shall: |
2 | | (1) be at least 21 years of age; |
3 | | (2) be a legal resident of the United States; and |
4 | | (3) meet the requirements of Section 25 of this Act , |
5 | | except for the Illinois residency
requirement in item (xiv) |
6 | | of paragraph (2) of subsection (a) of Section 4 of the |
7 | | Firearm
Owners Identification Card Act ; and any additional |
8 | | uniformly applied requirements established by the |
9 | | Department. |
10 | | (d) A person seeking to become a certified firearms |
11 | | instructor, in addition to the requirements of subsection (c) |
12 | | of this Section, shall: |
13 | | (1) possess a high school diploma or high school |
14 | | equivalency certificate; and |
15 | | (2) have at least one of the following valid firearms |
16 | | instructor certifications: |
17 | | (A) certification from a law enforcement agency; |
18 | | (B) certification from a firearm instructor course |
19 | | offered by a State or federal governmental agency; |
20 | | (C) certification from a firearm instructor |
21 | | qualification course offered by the Illinois Law |
22 | | Enforcement Training Standards Board; or |
23 | | (D) certification from an entity approved by the |
24 | | Department that offers firearm instructor education |
25 | | and training in the use and safety of firearms. |
26 | | (e) A person may have his or her firearms instructor |
|
| | HB5805 | - 79 - | LRB100 16869 SLF 32010 b |
|
|
1 | | certification denied or revoked if he or she does not meet the |
2 | | requirements to obtain a license under this Act, provides false |
3 | | or misleading information to the Department, or has had a prior |
4 | | instructor certification revoked or denied by the Department.
|
5 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, |
6 | | eff. 1-1-15 .) |
7 | | (430 ILCS 66/105)
|
8 | | Sec. 105. Duty of school administrator. It is the duty of |
9 | | the principal
of a public elementary or secondary school, or |
10 | | his or her designee, and the
chief administrative officer of a |
11 | | private elementary or secondary school or a
public or private |
12 | | community college, college, or university, or his or her
|
13 | | designee, to report to the Department of State Police when a |
14 | | student is determined to pose a clear and present danger to |
15 | | himself, herself, or to others, within 24 hours of
the |
16 | | determination as provided in Section 6-103.3 of the Mental |
17 | | Health and Developmental Disabilities Code. "Clear and present |
18 | | danger" has the meaning as provided in paragraph (2) of the |
19 | | definition of "clear and present danger" in Section 6-103.3 of |
20 | | the Mental Health and Developmental Disabilities Code 1.1 of |
21 | | the Firearm Owners Identification Card Act .
|
22 | | (Source: P.A. 98-63, eff. 7-9-13.) |
23 | | Section 70. The Wildlife Code is amended by changing |
24 | | Sections 3.2 and 3.2a as follows:
|
|
| | HB5805 | - 80 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
|
2 | | Sec. 3.2. Hunting license; application; instruction. |
3 | | Before the
Department or any county, city, village, township, |
4 | | incorporated town clerk
or his duly designated agent or any |
5 | | other person authorized or designated
by the Department to |
6 | | issue hunting licenses shall issue a hunting license
to any |
7 | | person, the person shall file his application with the |
8 | | Department or
other party authorized to issue licenses on a |
9 | | form provided by the
Department and further give definite proof |
10 | | of identity and place of legal
residence. Each clerk |
11 | | designating agents to issue licenses and stamps
shall furnish |
12 | | the Department, within 10 days following the appointment, the
|
13 | | names and mailing addresses of the agents. Each clerk or his |
14 | | duly
designated agent shall be authorized to sell licenses and |
15 | | stamps only
within the territorial area for which he was |
16 | | elected or appointed. No duly
designated agent is authorized to |
17 | | furnish licenses or stamps for
issuance by any other business |
18 | | establishment. Each
application shall be executed and sworn to |
19 | | and shall set forth the name
and description of the applicant |
20 | | and place of residence.
|
21 | | No hunting license shall be issued to any person born on or |
22 | | after January
1,
1980
unless he presents the person authorized |
23 | | to issue the license
evidence that he has held a hunting |
24 | | license issued by the State of Illinois
or another state in a |
25 | | prior year, or a certificate of competency as
provided in this |
|
| | HB5805 | - 81 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Section. Persons under 16 years of age may be issued a
Lifetime |
2 | | Hunting or Sportsmen's Combination License as provided under |
3 | | Section
20-45 of the Fish and Aquatic Life Code but shall not |
4 | | be entitled to hunt
unless they have a certificate of |
5 | | competency as provided in this Section and
they shall have the |
6 | | certificate in their possession while hunting.
|
7 | | The Department of Natural Resources shall authorize
|
8 | | personnel of the
Department or certified volunteer instructors |
9 | | to conduct courses, of not
less than 10 hours in length, in |
10 | | firearms and hunter safety, which may include
training in bow |
11 | | and arrow safety, at regularly specified intervals throughout
|
12 | | the State. Persons successfully completing the course shall |
13 | | receive a
certificate of competency. The Department of Natural |
14 | | Resources may further
cooperate with any reputable association |
15 | | or organization in establishing
courses if the organization has |
16 | | as one of its objectives the promotion of
safety in the |
17 | | handling of firearms or bow and arrow.
|
18 | | The Department of Natural Resources shall designate any
|
19 | | person found by it
to be competent to give instruction in the |
20 | | handling of firearms, hunter
safety, and bow and arrow. The |
21 | | persons so appointed shall give the
course of instruction and |
22 | | upon the successful completion shall
issue to the person |
23 | | instructed a certificate of competency in the safe
handling of |
24 | | firearms, hunter safety, and bow and arrow. No charge shall
be |
25 | | made for any course of instruction except for materials or |
26 | | ammunition
consumed. The Department of Natural Resources shall
|
|
| | HB5805 | - 82 - | LRB100 16869 SLF 32010 b |
|
|
1 | | furnish information on
the requirements of hunter safety |
2 | | education programs to be distributed
free of charge to |
3 | | applicants for hunting licenses by the persons
appointed and |
4 | | authorized to issue licenses. Funds for the conducting of
|
5 | | firearms and hunter safety courses shall be taken from the fee |
6 | | charged
for the Firearm Owners Identification Card.
|
7 | | The fee for a hunting license to hunt all species for a |
8 | | resident of
Illinois is $12. For residents age 65 or older, |
9 | | and, commencing with the 2012 license year, resident veterans |
10 | | of the United States Armed Forces after returning from service |
11 | | abroad or mobilization by the President of the United States, |
12 | | the fee is one-half of the
fee charged for a hunting license to |
13 | | hunt all species for a resident of
Illinois. Veterans must |
14 | | provide to the Department, at one of the Department's 5 |
15 | | regional offices, verification of their service. The |
16 | | Department shall establish what constitutes suitable |
17 | | verification of service for the purpose of issuing resident |
18 | | veterans hunting
licenses at a reduced fee. The fee for a |
19 | | hunting license to hunt all species shall be $1 for residents |
20 | | over 75 years of age. Nonresidents shall be charged $57 for a |
21 | | hunting license.
|
22 | | Nonresidents may be issued a nonresident hunting license |
23 | | for a
period not to exceed 10 consecutive days' hunting in the |
24 | | State and shall
be charged a fee of $35.
|
25 | | A special nonresident hunting license authorizing a |
26 | | nonresident to
take game birds by hunting on a game breeding |
|
| | HB5805 | - 83 - | LRB100 16869 SLF 32010 b |
|
|
1 | | and hunting preserve
area only, established under Section 3.27, |
2 | | shall be issued upon proper
application being made and payment |
3 | | of a fee equal to that for a resident
hunting license. The |
4 | | expiration date of this license shall be on the same
date each |
5 | | year that game breeding and hunting preserve
area licenses |
6 | | expire.
|
7 | | Each applicant for a State Migratory Waterfowl Stamp, |
8 | | regardless of
his residence or other condition, shall pay a fee |
9 | | of $15 and
shall receive a stamp. The fee for a State Migratory |
10 | | Waterfowl Stamp shall be waived for residents over 75 years of |
11 | | age. Except as provided under
Section 20-45 of the Fish and |
12 | | Aquatic Life Code,
the stamp shall be signed by the person or |
13 | | affixed to his license
or permit in a space designated by the |
14 | | Department for that purpose.
|
15 | | Each applicant for a State Habitat Stamp, regardless of his |
16 | | residence
or other condition, shall pay a fee of $5 and shall |
17 | | receive a
stamp. The fee for a State Habitat Stamp shall be |
18 | | waived for residents over 75 years of age. Except as provided |
19 | | under Section 20-45 of the Fish and Aquatic Life
Code, the |
20 | | stamp shall be signed by the person or affixed to his license |
21 | | or
permit in a space designated by the Department for that |
22 | | purpose.
|
23 | | Nothing in this Section shall be construed as to require |
24 | | the purchase
of more than one State Habitat Stamp by any person |
25 | | in any one license year.
|
26 | | The fees for State Pheasant Stamps and State Furbearer |
|
| | HB5805 | - 84 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Stamps shall be waived for residents over 75 years of age. |
2 | | The Department shall furnish the holders of hunting |
3 | | licenses and stamps
with an insignia as evidence of possession |
4 | | of license, or license and
stamp, as the Department may |
5 | | consider advisable. The insignia shall be
exhibited and used as |
6 | | the Department may order.
|
7 | | All other hunting licenses and all State stamps shall |
8 | | expire upon
March 31 of each year.
|
9 | | Every person holding any license, permit, or stamp issued |
10 | | under the
provisions of this Act shall have it in his |
11 | | possession for immediate
presentation for inspection to the |
12 | | officers and authorized employees of
the Department, any |
13 | | sheriff, deputy sheriff, or any other peace officer making
a |
14 | | demand for it. This provision shall not apply to Department |
15 | | owned or
managed sites where it is required that all hunters |
16 | | deposit their license or ,
permit , or Firearm Owner's |
17 | | Identification Card at the check station upon
entering the |
18 | | hunting areas.
|
19 | | (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
|
20 | | (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
|
21 | | Sec. 3.2a.
Every person holding any license, permit or |
22 | | stamp issued under the
provisions hereof shall have it in his |
23 | | possession for immediate
presentation for inspection to the |
24 | | officers and authorized employees of
the Department, any |
25 | | sheriff, deputy sheriff or any other peace officer making
a |
|
| | HB5805 | - 85 - | LRB100 16869 SLF 32010 b |
|
|
1 | | demand for it.
This provision shall not apply to Department |
2 | | owned or managed sites where
it is required that all hunters |
3 | | deposit their license or , permit or Firearm
Owner's |
4 | | Identification Card at the check station upon entering the |
5 | | hunting areas.
|
6 | | (Source: P.A. 85-152.)
|
7 | | Section 75. The Clerks of Courts Act is amended by changing |
8 | | Section 27.3a as follows:
|
9 | | (705 ILCS 105/27.3a)
|
10 | | Sec. 27.3a. Fees for automated record keeping, probation |
11 | | and court services operations, State and Conservation Police |
12 | | operations, and e-business programs.
|
13 | | 1. The expense of establishing and maintaining automated |
14 | | record
keeping systems in the offices of the clerks of the |
15 | | circuit court shall
be borne by the county. To defray such |
16 | | expense in any county having
established such an automated |
17 | | system or which elects to establish such a
system, the county |
18 | | board may require the clerk of the circuit court in
their |
19 | | county to charge and collect a court automation fee of not less |
20 | | than
$1 nor more than $25 to be charged and collected by the |
21 | | clerk of the court.
Such fee shall be paid at the time of |
22 | | filing the first pleading, paper or
other appearance filed by |
23 | | each party in all civil cases or by the defendant
in any |
24 | | felony, traffic, misdemeanor, municipal ordinance, or |
|
| | HB5805 | - 86 - | LRB100 16869 SLF 32010 b |
|
|
1 | | conservation
case upon a judgment of guilty or grant of |
2 | | supervision, provided that
the record keeping system which |
3 | | processes the case
category for which the fee is charged is |
4 | | automated or has been approved for
automation by the county |
5 | | board, and provided further that no additional fee
shall be |
6 | | required if more than one party is presented in a single |
7 | | pleading,
paper or other appearance. Such fee shall be |
8 | | collected in the manner in
which all other fees or costs are |
9 | | collected.
|
10 | | 1.1. Starting on July 6, 2012 (the effective date of Public |
11 | | Act 97-761) and pursuant to an administrative order from the |
12 | | chief judge of the circuit or the presiding judge of the county |
13 | | authorizing such collection, a clerk of the circuit court in |
14 | | any county that imposes a fee pursuant to subsection 1 of this |
15 | | Section shall also charge and collect an additional $10 |
16 | | operations fee for probation and court services department |
17 | | operations. |
18 | | This additional fee shall be paid by the defendant in any |
19 | | felony, traffic, misdemeanor, local ordinance, or conservation |
20 | | case upon a judgment of guilty or grant of supervision, except |
21 | | such $10 operations fee shall not be charged and collected in |
22 | | cases governed by Supreme Court Rule 529 in which the bail |
23 | | amount is $120 or less. |
24 | | 1.2. With respect to the fee imposed and collected under |
25 | | subsection 1.1 of this Section, each clerk shall transfer all |
26 | | fees monthly to the county treasurer for deposit into the |
|
| | HB5805 | - 87 - | LRB100 16869 SLF 32010 b |
|
|
1 | | probation and court services fund created under Section 15.1 of |
2 | | the Probation and Probation Officers Act, and such monies shall |
3 | | be disbursed from the fund only at the direction of the chief |
4 | | judge of the circuit or another judge designated by the Chief |
5 | | Circuit Judge in accordance with the policies and guidelines |
6 | | approved by the Supreme Court. |
7 | | 1.5. Starting on June 1, 2014, a clerk of the circuit court |
8 | | in any county that imposes a fee pursuant to subsection 1 of |
9 | | this Section, shall charge and collect an additional fee in an |
10 | | amount equal to the amount of the fee imposed pursuant to |
11 | | subsection 1 of this Section, except the fee imposed under this |
12 | | subsection may not be more than $15. This additional fee shall |
13 | | be paid by the defendant in any felony, traffic, misdemeanor, |
14 | | or local ordinance case upon a judgment of guilty or grant of |
15 | | supervision. This fee shall not be paid by the defendant for |
16 | | any violation listed in subsection 1.6 of this Section. |
17 | | 1.6. Starting on June 1, 2014, a clerk of the circuit court |
18 | | in any county that imposes a fee pursuant to subsection 1 of |
19 | | this Section shall charge and collect an additional fee in an |
20 | | amount equal to the amount of the fee imposed pursuant to |
21 | | subsection 1 of this Section, except the fee imposed under this |
22 | | subsection may not be more than $15. This additional fee shall |
23 | | be paid by the defendant upon a judgment of guilty or grant of |
24 | | supervision for a violation under the State Parks Act, the |
25 | | Recreational Trails of Illinois Act, the Illinois Explosives |
26 | | Act, the Timber Buyers Licensing Act, the Forest Products |
|
| | HB5805 | - 88 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Transportation Act, the Firearm Owners Identification Card |
2 | | Act, the Environmental Protection Act, the Fish and Aquatic |
3 | | Life Code, the Wildlife Code, the Cave Protection Act, the |
4 | | Illinois Exotic Weed Act, the Illinois Forestry Development |
5 | | Act, the Ginseng Harvesting Act, the Illinois Lake Management |
6 | | Program Act, the Illinois Natural Areas Preservation Act, the |
7 | | Illinois Open Land Trust Act, the Open Space Lands Acquisition |
8 | | and Development Act, the Illinois Prescribed Burning Act, the |
9 | | State Forest Act, the Water Use Act of 1983, the Illinois |
10 | | Veteran, Youth, and Young Adult Conservation Jobs Act, the |
11 | | Snowmobile Registration and Safety Act, the Boat Registration |
12 | | and Safety Act, the Illinois Dangerous Animals Act, the Hunter |
13 | | and Fishermen Interference Prohibition Act, the Wrongful Tree |
14 | | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, |
15 | | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of |
16 | | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the |
17 | | Criminal Code of 2012. |
18 | | 1.7. Starting on the 30th day after the effective date of |
19 | | this amendatory Act of the 99th General Assembly, a clerk of |
20 | | the circuit court in any county that imposes a fee pursuant to |
21 | | subsection 1 of this Section shall also charge and collect an |
22 | | additional $9 e-business fee. The fee shall be paid at the time |
23 | | of filing the first pleading, paper, or other appearance filed |
24 | | by each party in all civil cases, except no additional fee |
25 | | shall be required if more than one party is presented in a |
26 | | single pleading, paper, or other appearance. The fee shall be |
|
| | HB5805 | - 89 - | LRB100 16869 SLF 32010 b |
|
|
1 | | collected in the manner in which all other fees or costs are |
2 | | collected. The fee shall be in addition to all other fees and |
3 | | charges of the clerk, and assessable as costs, and may be |
4 | | waived only if the judge specifically provides for the waiver |
5 | | of the e-business fee. The fee shall not be charged in any |
6 | | matter coming to the clerk on a change of venue, nor in any |
7 | | proceeding to review the decision of any administrative |
8 | | officer, agency, or body. |
9 | | 2. With respect to the fee imposed under subsection 1 of |
10 | | this Section, each clerk shall commence such charges and |
11 | | collections upon receipt
of written notice from the chairman of |
12 | | the county board together with a
certified copy of the board's |
13 | | resolution, which the clerk shall file of
record in his office.
|
14 | | 3. With respect to the fee imposed under subsection 1 of |
15 | | this Section, such fees shall be in addition to all other fees |
16 | | and charges of such
clerks, and assessable as costs, and may be |
17 | | waived only if the judge
specifically provides for the waiver |
18 | | of the court automation fee. The
fees shall be remitted monthly |
19 | | by such clerk to the county treasurer, to be
retained by him in |
20 | | a special fund designated as the court automation fund.
The |
21 | | fund shall be audited by the county auditor, and the board |
22 | | shall make
expenditure from the fund in payment of any cost |
23 | | related to the automation
of court records, including hardware, |
24 | | software, research and development
costs and personnel related |
25 | | thereto, provided that the expenditure is
approved by the clerk |
26 | | of the court and by the chief judge of the circuit
court or his |
|
| | HB5805 | - 90 - | LRB100 16869 SLF 32010 b |
|
|
1 | | designate.
|
2 | | 4. With respect to the fee imposed under subsection 1 of |
3 | | this Section, such fees shall not be charged in any matter |
4 | | coming to any such clerk
on change of venue, nor in any |
5 | | proceeding to review the decision of any
administrative |
6 | | officer, agency or body.
|
7 | | 5. With respect to the additional fee imposed under |
8 | | subsection 1.5 of this Section, the fee shall be remitted by |
9 | | the circuit clerk to the State Treasurer within one month after |
10 | | receipt for deposit into the State Police Operations Assistance |
11 | | Fund. |
12 | | 6. With respect to the additional fees imposed under |
13 | | subsection 1.5 of this Section, the Director of State Police |
14 | | may direct the use of these fees for homeland security purposes |
15 | | by transferring these fees on a quarterly basis from the State |
16 | | Police Operations Assistance Fund into the Illinois Law |
17 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security |
18 | | initiatives programs. The transferred fees shall be allocated, |
19 | | subject to the approval of the ILEAS Executive Board, as |
20 | | follows: (i) 66.6% shall be used for homeland security |
21 | | initiatives and (ii) 33.3% shall be used for airborne |
22 | | operations. The ILEAS Executive Board shall annually supply the |
23 | | Director of State Police with a report of the use of these |
24 | | fees. |
25 | | 7. With respect to the additional fee imposed under |
26 | | subsection 1.6 of this Section, the fee shall be remitted by |
|
| | HB5805 | - 91 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the circuit clerk to the State Treasurer within one month after |
2 | | receipt for deposit into the Conservation Police Operations |
3 | | Assistance Fund. |
4 | | 8. With respect to the fee imposed under subsection 1.7 of |
5 | | this Section, the clerk shall remit the fee to the State |
6 | | Treasurer within one month after receipt for deposit into the |
7 | | Supreme Court Special Purposes Fund. Unless otherwise |
8 | | authorized by this Act, the moneys deposited into the Supreme |
9 | | Court Special Purposes Fund under this subsection are not |
10 | | subject to administrative charges or chargebacks under Section |
11 | | 20 of the State Treasurer Act. |
12 | | (Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; |
13 | | 98-1016, eff. 8-22-14; 99-859, eff. 8-19-16.) |
14 | | Section 80. The Criminal Code of 2012 is amended by |
15 | | changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, |
16 | | 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, |
17 | | 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
|
18 | | (720 ILCS 5/2-7.1)
|
19 | | Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". |
20 | | "Firearm
"Firearm" and "firearm
ammunition" means any |
21 | | self-contained cartridge or shotgun shell, by whatever name |
22 | | known, which is designed to be used or adaptable to use in a |
23 | | firearm; excluding, however: |
24 | | (1) any ammunition exclusively designed for use with
a |
|
| | HB5805 | - 92 - | LRB100 16869 SLF 32010 b |
|
|
1 | | device used exclusively for signalling or safety and required |
2 | | or recommended by the United States Coast Guard or the |
3 | | Interstate Commerce Commission; and |
4 | | (2) any ammunition designed exclusively for use with
a stud |
5 | | or rivet driver or other similar industrial ammunition
have the |
6 | | meanings ascribed to them in Section 1.1 of the Firearm
Owners |
7 | | Identification Card Act .
|
8 | | (Source: P.A. 91-544, eff. 1-1-00.)
|
9 | | (720 ILCS 5/2-7.5)
|
10 | | Sec. 2-7.5. "Firearm". Except as otherwise provided in a |
11 | | specific
Section, "firearm" means any device, by whatever name |
12 | | known, which is designed to expel a projectile or projectiles |
13 | | by the action of an explosion, expansion of gas or escape of |
14 | | gas; excluding, however: |
15 | | (1) any pneumatic gun, spring gun, paint ball gun, or B-B |
16 | | gun which
expels a single globular projectile not exceeding .18 |
17 | | inch in
diameter or which has a maximum muzzle velocity of less |
18 | | than 700 feet
per second; |
19 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B |
20 | | gun which expels breakable paint balls containing washable |
21 | | marking colors; |
22 | | (2) any device used exclusively for signalling or
safety |
23 | | and required or recommended by the United States Coast Guard or |
24 | | the Interstate Commerce Commission; |
25 | | (3) any device used exclusively for the firing of
stud |
|
| | HB5805 | - 93 - | LRB100 16869 SLF 32010 b |
|
|
1 | | cartridges, explosive rivets, or similar industrial |
2 | | ammunition; and |
3 | | (4) an antique firearm (other than a machine-gun)
which, |
4 | | although designed as a weapon, the Department of State Police |
5 | | finds by reason of the date of its manufacture, value, design, |
6 | | and other characteristics is primarily a collector's item and |
7 | | is not likely to be used as a weapon has the meaning ascribed |
8 | | to it in Section 1.1 of the
Firearm Owners Identification Card |
9 | | Act .
|
10 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
11 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
|
12 | | Sec. 12-3.05. Aggravated battery.
|
13 | | (a) Offense based on injury. A person commits aggravated |
14 | | battery when, in committing a battery, other than by the |
15 | | discharge of a firearm, he or she knowingly does any of the |
16 | | following: |
17 | | (1) Causes great bodily harm or permanent disability or |
18 | | disfigurement. |
19 | | (2) Causes severe and permanent disability, great |
20 | | bodily harm, or disfigurement by means of a caustic or |
21 | | flammable substance, a poisonous gas, a deadly biological |
22 | | or chemical contaminant or agent, a radioactive substance, |
23 | | or a bomb or explosive compound. |
24 | | (3) Causes great bodily harm or permanent disability or |
25 | | disfigurement to an individual whom the person knows to be |
|
| | HB5805 | - 94 - | LRB100 16869 SLF 32010 b |
|
|
1 | | a peace officer, community policing volunteer, fireman, |
2 | | private security officer, correctional institution |
3 | | employee, or Department of Human Services employee |
4 | | supervising or controlling sexually dangerous persons or |
5 | | sexually violent persons: |
6 | | (i) performing his or her official duties; |
7 | | (ii) battered to prevent performance of his or her |
8 | | official duties; or |
9 | | (iii) battered in retaliation for performing his |
10 | | or her official duties. |
11 | | (4) Causes great bodily harm or permanent disability or |
12 | | disfigurement to an individual 60 years of age or older. |
13 | | (5) Strangles another individual. |
14 | | (b) Offense based on injury to a child or person with an |
15 | | intellectual disability. A person who is at least 18 years of |
16 | | age commits aggravated battery when, in committing a battery, |
17 | | he or she knowingly and without legal justification by any |
18 | | means: |
19 | | (1) causes great bodily harm or permanent disability or |
20 | | disfigurement to any child under the age of 13 years, or to |
21 | | any person with a severe or profound intellectual |
22 | | disability; or |
23 | | (2) causes bodily harm or disability or disfigurement |
24 | | to any child under the age of 13 years or to any person |
25 | | with a severe or profound intellectual disability. |
26 | | (c) Offense based on location of conduct. A person commits |
|
| | HB5805 | - 95 - | LRB100 16869 SLF 32010 b |
|
|
1 | | aggravated battery when, in committing a battery, other than by |
2 | | the discharge of a firearm, he or she is or the person battered |
3 | | is on or about a public way, public property, a public place of |
4 | | accommodation or amusement, a sports venue, or a domestic |
5 | | violence shelter. |
6 | | (d) Offense based on status of victim. A person commits |
7 | | aggravated battery when, in committing a battery, other than by |
8 | | discharge of a firearm, he or she knows the individual battered |
9 | | to be any of the following: |
10 | | (1) A person 60 years of age or older. |
11 | | (2) A person who is pregnant or has a physical |
12 | | disability. |
13 | | (3) A teacher or school employee upon school grounds or |
14 | | grounds adjacent to a school or in any part of a building |
15 | | used for school purposes. |
16 | | (4) A peace officer, community policing volunteer, |
17 | | fireman, private security officer, correctional |
18 | | institution employee, or Department of Human Services |
19 | | employee supervising or controlling sexually dangerous |
20 | | persons or sexually violent persons: |
21 | | (i) performing his or her official duties; |
22 | | (ii) battered to prevent performance of his or her |
23 | | official duties; or |
24 | | (iii) battered in retaliation for performing his |
25 | | or her official duties. |
26 | | (5) A judge, emergency management worker, emergency |
|
| | HB5805 | - 96 - | LRB100 16869 SLF 32010 b |
|
|
1 | | medical services personnel, or utility worker: |
2 | | (i) performing his or her official duties; |
3 | | (ii) battered to prevent performance of his or her |
4 | | official duties; or |
5 | | (iii) battered in retaliation for performing his |
6 | | or her official duties. |
7 | | (6) An officer or employee of the State of Illinois, a |
8 | | unit of local government, or a school district, while |
9 | | performing his or her official duties. |
10 | | (7) A transit employee performing his or her official |
11 | | duties, or a transit passenger. |
12 | | (8) A taxi driver on duty. |
13 | | (9) A merchant who detains the person for an alleged |
14 | | commission of retail theft under Section 16-26 of this Code |
15 | | and the person without legal justification by any means |
16 | | causes bodily harm to the merchant. |
17 | | (10) A person authorized to serve process under Section |
18 | | 2-202 of the Code of Civil Procedure or a special process |
19 | | server appointed by the circuit court while that individual |
20 | | is in the performance of his or her duties as a process |
21 | | server. |
22 | | (11) A nurse while in the performance of his or her |
23 | | duties as a nurse. |
24 | | (e) Offense based on use of a firearm. A person commits |
25 | | aggravated battery when, in committing a battery, he or she |
26 | | knowingly does any of the following: |
|
| | HB5805 | - 97 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (1) Discharges a firearm, other than a machine gun or a |
2 | | firearm equipped with a silencer, and causes any injury to |
3 | | another person. |
4 | | (2) Discharges a firearm, other than a machine gun or a |
5 | | firearm equipped with a silencer, and causes any injury to |
6 | | a person he or she knows to be a peace officer, community |
7 | | policing volunteer, person summoned by a police officer, |
8 | | fireman, private security officer, correctional |
9 | | institution employee, or emergency management worker: |
10 | | (i) performing his or her official duties; |
11 | | (ii) battered to prevent performance of his or her |
12 | | official duties; or |
13 | | (iii) battered in retaliation for performing his |
14 | | or her official duties. |
15 | | (3) Discharges a firearm, other than a machine gun or a |
16 | | firearm equipped with a silencer, and causes any injury to |
17 | | a person he or she knows to be emergency medical services |
18 | | personnel: |
19 | | (i) performing his or her official duties; |
20 | | (ii) battered to prevent performance of his or her |
21 | | official duties; or |
22 | | (iii) battered in retaliation for performing his |
23 | | or her official duties. |
24 | | (4) Discharges a firearm and causes any injury to a |
25 | | person he or she knows to be a teacher, a student in a |
26 | | school, or a school employee, and the teacher, student, or |
|
| | HB5805 | - 98 - | LRB100 16869 SLF 32010 b |
|
|
1 | | employee is upon school grounds or grounds adjacent to a |
2 | | school or in any part of a building used for school |
3 | | purposes. |
4 | | (5) Discharges a machine gun or a firearm equipped with |
5 | | a silencer, and causes any injury to another person. |
6 | | (6) Discharges a machine gun or a firearm equipped with |
7 | | a silencer, and causes any injury to a person he or she |
8 | | knows to be a peace officer, community policing volunteer, |
9 | | person summoned by a police officer, fireman, private |
10 | | security officer, correctional institution employee or |
11 | | emergency management worker: |
12 | | (i) performing his or her official duties; |
13 | | (ii) battered to prevent performance of his or her |
14 | | official duties; or |
15 | | (iii) battered in retaliation for performing his |
16 | | or her official duties. |
17 | | (7) Discharges a machine gun or a firearm equipped with |
18 | | a silencer, and causes any injury to a person he or she |
19 | | knows to be emergency medical services personnel: |
20 | | (i) performing his or her official duties; |
21 | | (ii) battered to prevent performance of his or her |
22 | | official duties; or |
23 | | (iii) battered in retaliation for performing his |
24 | | or her official duties. |
25 | | (8) Discharges a machine gun or a firearm equipped with |
26 | | a silencer, and causes any injury to a person he or she |
|
| | HB5805 | - 99 - | LRB100 16869 SLF 32010 b |
|
|
1 | | knows to be a teacher, or a student in a school, or a |
2 | | school employee, and the teacher, student, or employee is |
3 | | upon school grounds or grounds adjacent to a school or in |
4 | | any part of a building used for school purposes. |
5 | | (f) Offense based on use of a weapon or device. A person |
6 | | commits aggravated battery when, in committing a battery, he or |
7 | | she does any of the following: |
8 | | (1) Uses a deadly weapon other than by discharge of a |
9 | | firearm, or uses an air rifle as defined in Section |
10 | | 24.8-0.1 of this Code. |
11 | | (2) Wears a hood, robe, or mask to conceal his or her |
12 | | identity. |
13 | | (3) Knowingly and without lawful justification shines |
14 | | or flashes a laser gunsight or other laser device attached |
15 | | to a firearm, or used in concert with a firearm, so that |
16 | | the laser beam strikes upon or against the person of |
17 | | another. |
18 | | (4) Knowingly video or audio records the offense with |
19 | | the intent to disseminate the recording. |
20 | | (g) Offense based on certain conduct. A person commits |
21 | | aggravated battery when, other than by discharge of a firearm, |
22 | | he or she does any of the following: |
23 | | (1) Violates Section 401 of the Illinois Controlled |
24 | | Substances Act by unlawfully delivering a controlled |
25 | | substance to another and any user experiences great bodily |
26 | | harm or permanent disability as a result of the injection, |
|
| | HB5805 | - 100 - | LRB100 16869 SLF 32010 b |
|
|
1 | | inhalation, or ingestion of any amount of the controlled |
2 | | substance. |
3 | | (2) Knowingly administers to an individual or causes |
4 | | him or her to take, without his or her consent or by threat |
5 | | or deception, and for other than medical purposes, any |
6 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, |
7 | | or controlled substance, or gives to another person any |
8 | | food containing any substance or object intended to cause |
9 | | physical injury if eaten. |
10 | | (3) Knowingly causes or attempts to cause a |
11 | | correctional institution employee or Department of Human |
12 | | Services employee to come into contact with blood, seminal |
13 | | fluid, urine, or feces by throwing, tossing, or expelling |
14 | | the fluid or material, and the person is an inmate of a |
15 | | penal institution or is a sexually dangerous person or |
16 | | sexually violent person in the custody of the Department of |
17 | | Human Services. |
18 | | (h) Sentence. Unless otherwise provided, aggravated |
19 | | battery is a Class 3 felony. |
20 | | Aggravated battery as defined in subdivision (a)(4), |
21 | | (d)(4), or (g)(3) is a Class 2 felony. |
22 | | Aggravated battery as defined in subdivision (a)(3) or |
23 | | (g)(1) is a Class 1 felony. |
24 | | Aggravated battery as defined in subdivision (a)(1) is a |
25 | | Class 1 felony when the aggravated battery was intentional and |
26 | | involved the infliction of torture, as defined in paragraph |
|
| | HB5805 | - 101 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
2 | | infliction of or subjection to extreme physical pain, motivated |
3 | | by an intent to increase or prolong the pain, suffering, or |
4 | | agony of the victim. |
5 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
6 | | felony if: |
7 | | (A) the person used or attempted to use a dangerous
|
8 | | instrument while committing the offense; or |
9 | | (B) the person caused great bodily harm or
permanent |
10 | | disability or disfigurement to the other
person while |
11 | | committing the offense; or |
12 | | (C) the person has been previously convicted of a
|
13 | | violation of subdivision (a)(5) under the laws of this
|
14 | | State or laws similar to subdivision (a)(5) of any other
|
15 | | state. |
16 | | Aggravated battery as defined in subdivision (e)(1) is a |
17 | | Class X felony. |
18 | | Aggravated battery as defined in subdivision (a)(2) is a |
19 | | Class X felony for which a person shall be sentenced to a term |
20 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
21 | | years. |
22 | | Aggravated battery as defined in subdivision (e)(5) is a |
23 | | Class X felony for which a person shall be sentenced to a term |
24 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
25 | | years. |
26 | | Aggravated battery as defined in subdivision (e)(2), |
|
| | HB5805 | - 102 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
2 | | be sentenced to a term of imprisonment of a minimum of 15 years |
3 | | and a maximum of 60 years. |
4 | | Aggravated battery as defined in subdivision (e)(6), |
5 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
6 | | be sentenced to a term of imprisonment of a minimum of 20 years |
7 | | and a maximum of 60 years. |
8 | | Aggravated battery as defined in subdivision (b)(1) is a |
9 | | Class X felony, except that: |
10 | | (1) if the person committed the offense while armed |
11 | | with a firearm, 15 years shall be added to the term of |
12 | | imprisonment imposed by the court; |
13 | | (2) if, during the commission of the offense, the |
14 | | person personally discharged a firearm, 20 years shall be |
15 | | added to the term of imprisonment imposed by the court; |
16 | | (3) if, during the commission of the offense, the |
17 | | person personally discharged a firearm that proximately |
18 | | caused great bodily harm, permanent disability, permanent |
19 | | disfigurement, or death to another person, 25 years or up |
20 | | to a term of natural life shall be added to the term of |
21 | | imprisonment imposed by the court. |
22 | | (i) Definitions. For the purposes of this Section: |
23 | | "Building or other structure used to provide shelter" has |
24 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
25 | | Violence Shelters Act. |
26 | | "Domestic violence" has the meaning ascribed to it in |
|
| | HB5805 | - 103 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
2 | | "Domestic violence shelter" means any building or other |
3 | | structure used to provide shelter or other services to victims |
4 | | or to the dependent children of victims of domestic violence |
5 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
6 | | Domestic Violence Shelters Act, or any place within 500 feet of |
7 | | such a building or other structure in the case of a person who |
8 | | is going to or from such a building or other structure. |
9 | | "Firearm" has the meaning provided under Section 2-7.5 of |
10 | | this Code 1.1
of the Firearm Owners Identification Card Act , |
11 | | and does
not include an air rifle as defined by Section |
12 | | 24.8-0.1 of this Code. |
13 | | "Machine gun" has the meaning ascribed to it in Section |
14 | | 24-1 of this Code. |
15 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
16 | | of this Code. |
17 | | "Strangle" means
intentionally impeding the normal |
18 | | breathing or circulation of the blood of an individual by |
19 | | applying pressure on the throat
or neck of that individual or |
20 | | by blocking the nose or mouth of
that individual.
|
21 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
22 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
|
23 | | (720 ILCS 5/16-0.1) |
24 | | Sec. 16-0.1. Definitions. In this Article, unless the |
25 | | context clearly requires otherwise, the following terms are |
|
| | HB5805 | - 104 - | LRB100 16869 SLF 32010 b |
|
|
1 | | defined as indicated: |
2 | | "Access" means to use, instruct, communicate with, store |
3 | | data in, retrieve or intercept data from, or otherwise utilize |
4 | | any services of a computer. |
5 | | "Coin-operated machine" includes any automatic vending |
6 | | machine or any part thereof, parking meter, coin telephone, |
7 | | coin-operated transit turnstile, transit fare box, coin |
8 | | laundry machine, coin dry cleaning machine, amusement machine, |
9 | | music machine, vending machine dispensing goods or services, or |
10 | | money changer. |
11 | | "Communication device" means any type of instrument, |
12 | | device, machine, or equipment which is capable of transmitting, |
13 | | acquiring, decrypting, or receiving any telephonic, |
14 | | electronic, data, Internet access, audio, video, microwave, or |
15 | | radio transmissions, signals, communications, or services, |
16 | | including the receipt, acquisition, transmission, or |
17 | | decryption of all such communications, transmissions, signals, |
18 | | or services provided by or through any cable television, fiber |
19 | | optic, telephone, satellite, microwave, radio, Internet-based, |
20 | | data transmission, or wireless distribution network, system or |
21 | | facility; or any part, accessory, or component thereof, |
22 | | including any computer circuit, security module, smart card, |
23 | | software, computer chip, electronic mechanism or other |
24 | | component, accessory or part of any communication device which |
25 | | is capable of facilitating the transmission, decryption, |
26 | | acquisition or reception of all such communications, |
|
| | HB5805 | - 105 - | LRB100 16869 SLF 32010 b |
|
|
1 | | transmissions, signals, or services. |
2 | | "Communication service" means any service lawfully |
3 | | provided for a charge or compensation to facilitate the lawful |
4 | | origination, transmission, emission, or reception of signs, |
5 | | signals, data, writings, images, and sounds or intelligence of |
6 | | any nature by telephone, including cellular telephones or a |
7 | | wire, wireless, radio, electromagnetic, photo-electronic or |
8 | | photo-optical system; and also any service lawfully provided by |
9 | | any radio, telephone, cable television, fiber optic, |
10 | | satellite, microwave, Internet-based or wireless distribution |
11 | | network, system, facility or technology, including, but not |
12 | | limited to, any and all electronic, data, video, audio, |
13 | | Internet access, telephonic, microwave and radio |
14 | | communications, transmissions, signals and services, and any |
15 | | such communications, transmissions, signals and services |
16 | | lawfully provided directly or indirectly by or through any of |
17 | | those networks, systems, facilities or technologies. |
18 | | "Communication service provider" means: (1) any person or |
19 | | entity providing any communication service, whether directly |
20 | | or indirectly, as a reseller, including, but not limited to, a |
21 | | cellular, paging or other wireless communications company or |
22 | | other person or entity which, for a fee, supplies the facility, |
23 | | cell site, mobile telephone switching office or other equipment |
24 | | or communication service; (2) any person or entity owning or |
25 | | operating any cable television, fiber optic, satellite, |
26 | | telephone, wireless, microwave, radio, data transmission or |
|
| | HB5805 | - 106 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Internet-based distribution network, system or facility; and |
2 | | (3) any person or entity providing any communication service |
3 | | directly or indirectly by or through any such distribution |
4 | | system, network or facility. |
5 | | "Computer" means a device that accepts, processes, stores, |
6 | | retrieves or outputs data, and includes but is not limited to |
7 | | auxiliary storage and telecommunications devices connected to |
8 | | computers. |
9 | | "Continuing
course of conduct" means a series of acts, and |
10 | | the accompanying
mental state necessary for the crime in |
11 | | question, irrespective
of whether the series of acts are |
12 | | continuous or intermittent. |
13 | | "Delivery container" means any bakery basket of wire or |
14 | | plastic used to transport or store bread or bakery products, |
15 | | any dairy case of wire or plastic used to transport or store |
16 | | dairy products, and any dolly or cart of 2 or 4 wheels used to |
17 | | transport or store any bakery or dairy product. |
18 | | "Document-making implement" means any implement, |
19 | | impression, template, computer file, computer disc, electronic |
20 | | device, computer hardware, computer software, instrument, or |
21 | | device that is used to make a real or fictitious or fraudulent |
22 | | personal identification document. |
23 | | "Financial transaction device" means any of the following: |
24 | | (1) An electronic funds transfer card. |
25 | | (2) A credit card. |
26 | | (3) A debit card. |
|
| | HB5805 | - 107 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (4) A point-of-sale card. |
2 | | (5) Any instrument, device, card, plate, code, account |
3 | | number, personal identification number, or a record or copy |
4 | | of a code, account number, or personal identification |
5 | | number or other means of access to a credit account or |
6 | | deposit account, or a driver's license or State |
7 | | identification card used to access a proprietary account, |
8 | | other than access originated solely by a paper instrument, |
9 | | that can be used alone or in conjunction with another |
10 | | access device, for any of the following purposes: |
11 | | (A) Obtaining money, cash refund or credit |
12 | | account, credit, goods, services, or any other thing of |
13 | | value. |
14 | | (B) Certifying or guaranteeing to a person or |
15 | | business the availability to the device holder of funds |
16 | | on deposit to honor a draft or check payable to the |
17 | | order of that person or business. |
18 | | (C) Providing the device holder access to a deposit |
19 | | account for the purpose of making deposits, |
20 | | withdrawing funds, transferring funds between deposit |
21 | | accounts, obtaining information pertaining to a |
22 | | deposit account, or making an electronic funds |
23 | | transfer. |
24 | | "Full retail value" means the merchant's stated or |
25 | | advertised price of the merchandise. "Full
retail value" |
26 | | includes the aggregate value of property obtained
from retail |
|
| | HB5805 | - 108 - | LRB100 16869 SLF 32010 b |
|
|
1 | | thefts committed by the same person as part of a
continuing |
2 | | course of conduct from one or more mercantile
establishments in |
3 | | a single transaction or in separate
transactions over a period |
4 | | of one year. |
5 | | "Internet" means an interactive computer service or system |
6 | | or an information service, system, or access software provider |
7 | | that provides or enables computer access by multiple users to a |
8 | | computer server, and includes, but is not limited to, an |
9 | | information service, system, or access software provider that |
10 | | provides access to a network system commonly known as the |
11 | | Internet, or any comparable system or service and also |
12 | | includes, but is not limited to, a World Wide Web page, |
13 | | newsgroup, message board, mailing list, or chat area on any |
14 | | interactive computer service or system or other online service. |
15 | | "Library card" means a card or plate issued by a library |
16 | | facility for purposes of identifying the person to whom the |
17 | | library card was issued as authorized to borrow library |
18 | | material, subject to all limitations and conditions imposed on |
19 | | the borrowing by the library facility issuing such card. |
20 | | "Library facility" includes any public library or museum, |
21 | | or any library or museum of an educational, historical or |
22 | | eleemosynary institution, organization or society. |
23 | | "Library material" includes any book, plate, picture, |
24 | | photograph, engraving, painting, sculpture, statue, artifact, |
25 | | drawing, map, newspaper, pamphlet, broadside, magazine, |
26 | | manuscript, document, letter, microfilm, sound recording, |
|
| | HB5805 | - 109 - | LRB100 16869 SLF 32010 b |
|
|
1 | | audiovisual material, magnetic or other tape, electronic data |
2 | | processing record or other documentary, written or printed |
3 | | material regardless of physical form or characteristics, or any |
4 | | part thereof, belonging to, or on loan to or otherwise in the |
5 | | custody of a library facility. |
6 | | "Manufacture or assembly of an unlawful access device" |
7 | | means to make, produce or assemble an unlawful access device or |
8 | | to modify, alter, program or re-program any instrument, device, |
9 | | machine, equipment or software so that it is capable of |
10 | | defeating or circumventing any technology, device or software |
11 | | used by the provider, owner or licensee of a communication |
12 | | service or of any data, audio or video programs or |
13 | | transmissions to protect any such communication, data, audio or |
14 | | video services, programs or transmissions from unauthorized |
15 | | access, acquisition, disclosure, receipt, decryption, |
16 | | communication, transmission or re-transmission. |
17 | | "Manufacture or assembly of an unlawful communication |
18 | | device" means to make, produce or assemble an unlawful |
19 | | communication or wireless device or to modify, alter, program |
20 | | or reprogram a communication or wireless device to be capable |
21 | | of acquiring, disrupting, receiving, transmitting, decrypting, |
22 | | or facilitating the acquisition, disruption, receipt, |
23 | | transmission or decryption of, a communication service without |
24 | | the express consent or express authorization of the |
25 | | communication service provider, or to knowingly assist others |
26 | | in those activities. |
|
| | HB5805 | - 110 - | LRB100 16869 SLF 32010 b |
|
|
1 | | "Master sound recording" means the original physical |
2 | | object on which a given set of sounds were first recorded and |
3 | | which the original object from which all subsequent sound |
4 | | recordings embodying the same set of sounds are directly or |
5 | | indirectly derived. |
6 | | "Merchandise" means any item of tangible personal |
7 | | property, including motor fuel. |
8 | | "Merchant" means an owner or operator of any retail |
9 | | mercantile establishment or any agent, employee, lessee, |
10 | | consignee, officer, director, franchisee, or independent |
11 | | contractor of the owner or operator. "Merchant" also means a |
12 | | person who receives from an authorized user of a payment card, |
13 | | or someone the person believes to be an authorized user, a |
14 | | payment card or information from a payment card, or what the |
15 | | person believes to be a payment card or information from a |
16 | | payment card, as the instrument for obtaining, purchasing or |
17 | | receiving goods, services, money, or anything else of value |
18 | | from the person. |
19 | | "Motor fuel" means a liquid, regardless of its properties, |
20 | | used to propel a vehicle, including gasoline and diesel. |
21 | | "Online" means the use of any electronic or wireless device |
22 | | to access the Internet. |
23 | | "Payment card" means a credit card, charge card, debit |
24 | | card, or any other card that is issued to an authorized card |
25 | | user and that allows the user to obtain, purchase, or receive |
26 | | goods, services, money, or anything else of value from a |
|
| | HB5805 | - 111 - | LRB100 16869 SLF 32010 b |
|
|
1 | | merchant. |
2 | | "Person with a disability" means a person who
suffers from |
3 | | a physical or mental impairment resulting from
disease, injury, |
4 | | functional disorder or congenital condition that impairs the
|
5 | | individual's mental or physical ability to independently |
6 | | manage his or her
property or financial resources, or both. |
7 | | "Personal identification document" means a birth |
8 | | certificate, a driver's license, a State identification card, a |
9 | | public, government, or private employment identification card, |
10 | | a social security card, a license issued under the Firearm |
11 | | Concealed Carry Act firearm owner's identification card , a |
12 | | credit card, a debit card, or a passport issued to or on behalf |
13 | | of a person other than the offender, or any document made or |
14 | | issued, or falsely purported to have been made or issued, by or |
15 | | under the authority of the United States Government, the State |
16 | | of Illinois, or any other state political subdivision of any |
17 | | state, or any other governmental or quasi-governmental |
18 | | organization that is of a type intended for the purpose of |
19 | | identification of an individual, or any such document made or |
20 | | altered in a manner that it falsely purports to have been made |
21 | | on behalf of or issued to another person or by the authority of |
22 | | one who did not give that authority. |
23 | | "Personal identifying information" means any of the |
24 | | following information: |
25 | | (1) A person's name. |
26 | | (2) A person's address. |
|
| | HB5805 | - 112 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (3) A person's date of birth. |
2 | | (4) A person's telephone number. |
3 | | (5) A person's driver's license number or State of |
4 | | Illinois identification card as assigned by the Secretary |
5 | | of State of the State of Illinois or a similar agency of |
6 | | another state. |
7 | | (6) A person's social security number. |
8 | | (7) A person's public, private, or government |
9 | | employer, place of employment, or employment |
10 | | identification number. |
11 | | (8) The maiden name of a person's mother. |
12 | | (9) The number assigned to a person's depository |
13 | | account, savings account, or brokerage account. |
14 | | (10) The number assigned to a person's credit or debit |
15 | | card, commonly known as a "Visa Card", "MasterCard", |
16 | | "American Express Card", "Discover Card", or other similar |
17 | | cards whether issued by a financial institution, |
18 | | corporation, or business entity. |
19 | | (11) Personal identification numbers. |
20 | | (12) Electronic identification numbers. |
21 | | (13) Digital signals. |
22 | | (14) User names, passwords, and any other word, number, |
23 | | character or combination of the same usable in whole or |
24 | | part to access information relating to a specific |
25 | | individual, or to the actions taken, communications made or |
26 | | received, or other activities or transactions of a specific |
|
| | HB5805 | - 113 - | LRB100 16869 SLF 32010 b |
|
|
1 | | individual. |
2 | | (15) Any other numbers or information which can be used |
3 | | to access a person's financial resources, or to identify a |
4 | | specific individual, or the actions taken, communications |
5 | | made or received, or other activities or transactions of a |
6 | | specific individual. |
7 | | "Premises of a retail mercantile establishment" includes, |
8 | | but is not limited to, the retail mercantile establishment; any |
9 | | common use areas in shopping centers; and all parking areas set |
10 | | aside by a merchant or on behalf of a merchant for the parking |
11 | | of vehicles for the convenience of the patrons of such retail |
12 | | mercantile establishment. |
13 | | "Public water, gas, or power supply, or other public |
14 | | services" mean any service subject to regulation by the |
15 | | Illinois Commerce Commission; any service furnished by a public |
16 | | utility that is owned and operated by any political |
17 | | subdivision, public institution of higher education or |
18 | | municipal corporation of this State; any service furnished by |
19 | | any public utility that is owned by such political subdivision, |
20 | | public institution of higher education, or municipal |
21 | | corporation and operated by any of its lessees or operating |
22 | | agents; any service furnished by an electric cooperative as |
23 | | defined in Section 3.4 of the Electric Supplier Act; or |
24 | | wireless service or other service regulated by the Federal |
25 | | Communications Commission. |
26 | | "Publish" means to communicate or disseminate information |
|
| | HB5805 | - 114 - | LRB100 16869 SLF 32010 b |
|
|
1 | | to any one or more persons, either orally, in person, or by |
2 | | telephone, radio or television or in writing of any kind, |
3 | | including, without limitation, a letter or memorandum, |
4 | | circular or handbill, newspaper or magazine article or book. |
5 | | "Radio frequency identification device" means any |
6 | | implement, computer file, computer disc, electronic device, |
7 | | computer hardware, computer software, or instrument that is |
8 | | used to activate, read, receive, or decode information stored |
9 | | on a RFID tag or transponder attached to a personal |
10 | | identification document. |
11 | | "RFID tag or transponder" means a chip or device that |
12 | | contains personal identifying information from which the |
13 | | personal identifying information can be read or decoded by |
14 | | another device emitting a radio frequency that activates or |
15 | | powers a radio frequency emission response from the chip or |
16 | | transponder. |
17 | | "Reencoder" means an electronic device that places encoded |
18 | | information from the magnetic strip or stripe of a payment card |
19 | | onto the magnetic strip or stripe of a different payment card. |
20 | | "Retail mercantile establishment" means any place where |
21 | | merchandise is displayed, held, stored or offered for sale to |
22 | | the public. |
23 | | "Scanning device" means a scanner, reader, or any other |
24 | | electronic device that is used to access, read, scan, obtain, |
25 | | memorize, or store, temporarily or permanently, information |
26 | | encoded on the magnetic strip or stripe of a payment card. |
|
| | HB5805 | - 115 - | LRB100 16869 SLF 32010 b |
|
|
1 | | "Shopping cart" means those push carts of the type or types |
2 | | which are commonly provided by grocery stores, drug stores or |
3 | | other retail mercantile establishments for the use of the |
4 | | public in transporting commodities in stores and markets and, |
5 | | incidentally, from the stores to a place outside the store. |
6 | | "Sound or audio visual recording" means any sound or audio |
7 | | visual phonograph record, disc, pre-recorded tape, film, wire, |
8 | | magnetic tape or other object, device or medium, now known or |
9 | | hereafter invented, by which sounds or images may be reproduced |
10 | | with or without the use of any additional machine, equipment or |
11 | | device. |
12 | | "Theft detection device remover" means any tool or device |
13 | | specifically designed and intended to be used to remove any |
14 | | theft detection device from any merchandise. |
15 | | "Under-ring" means to cause the cash register or other |
16 | | sales recording device to reflect less than the full retail |
17 | | value of the merchandise. |
18 | | "Unidentified sound or audio visual recording" means a |
19 | | sound or audio visual recording without the actual name and |
20 | | full and correct street address of the manufacturer, and the |
21 | | name of the actual performers or groups prominently and legibly |
22 | | printed on the outside cover or jacket and on the label of such |
23 | | sound or audio visual recording. |
24 | | "Unlawful access device" means any type of instrument, |
25 | | device, machine, equipment, technology, or software which is |
26 | | primarily possessed, used, designed, assembled, manufactured, |
|
| | HB5805 | - 116 - | LRB100 16869 SLF 32010 b |
|
|
1 | | sold, distributed or offered, promoted or advertised for the |
2 | | purpose of defeating or circumventing any technology, device or |
3 | | software, or any component or part thereof, used by the |
4 | | provider, owner or licensee of any communication service or of |
5 | | any data, audio or video programs or transmissions to protect |
6 | | any such communication, audio or video services, programs or |
7 | | transmissions from unauthorized access, acquisition, receipt, |
8 | | decryption, disclosure, communication, transmission or |
9 | | re-transmission. |
10 | | "Unlawful communication device" means any electronic |
11 | | serial number, mobile identification number, personal |
12 | | identification number or any communication or wireless device |
13 | | that is capable of acquiring or facilitating the acquisition of |
14 | | a communication service without the express consent or express |
15 | | authorization of the communication service provider, or that |
16 | | has been altered, modified, programmed or reprogrammed, alone |
17 | | or in conjunction with another communication or wireless device |
18 | | or other equipment, to so acquire or facilitate the |
19 | | unauthorized acquisition of a communication service. "Unlawful |
20 | | communication device" also means: |
21 | | (1) any phone altered to obtain service without the |
22 | | express consent or express authorization of the |
23 | | communication service provider, tumbler phone, counterfeit |
24 | | or clone phone, tumbler microchip, counterfeit or clone |
25 | | microchip, scanning receiver of wireless communication |
26 | | service or other instrument capable of disguising its |
|
| | HB5805 | - 117 - | LRB100 16869 SLF 32010 b |
|
|
1 | | identity or location or of gaining unauthorized access to a |
2 | | communications or wireless system operated by a |
3 | | communication service provider; and |
4 | | (2) any communication or wireless device which is |
5 | | capable of, or has been altered, designed, modified, |
6 | | programmed or reprogrammed, alone or in conjunction with |
7 | | another communication or wireless device or devices, so as |
8 | | to be capable of, facilitating the disruption, |
9 | | acquisition, receipt, transmission or decryption of a |
10 | | communication service without the express consent or |
11 | | express authorization of the communication service |
12 | | provider, including, but not limited to, any device, |
13 | | technology, product, service, equipment, computer software |
14 | | or component or part thereof, primarily distributed, sold, |
15 | | designed, assembled, manufactured, modified, programmed, |
16 | | reprogrammed or used for the purpose of providing the |
17 | | unauthorized receipt of, transmission of, disruption of, |
18 | | decryption of, access to or acquisition of any |
19 | | communication service provided by any communication |
20 | | service provider. |
21 | | "Vehicle" means a motor vehicle, motorcycle, or farm |
22 | | implement that is self-propelled and that uses motor fuel for |
23 | | propulsion. |
24 | | "Wireless device" includes any type of instrument, device, |
25 | | machine, or
equipment that is capable of transmitting or |
26 | | receiving telephonic, electronic
or
radio communications, or |
|
| | HB5805 | - 118 - | LRB100 16869 SLF 32010 b |
|
|
1 | | any part of such instrument, device, machine, or
equipment, or |
2 | | any computer circuit, computer chip, electronic mechanism, or
|
3 | | other component that is capable of facilitating the |
4 | | transmission or reception
of telephonic, electronic, or radio |
5 | | communications.
|
6 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. |
7 | | 1-1-12; 97-1109, eff. 1-1-13.)
|
8 | | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
|
9 | | Sec. 17-30. Defaced, altered, or removed manufacturer or |
10 | | owner identification number. |
11 | | (a) Unlawful sale of household appliances. A person commits |
12 | | unlawful
sale of household
appliances when he or she knowingly, |
13 | | with the intent to defraud or deceive
another, keeps for sale, |
14 | | within any commercial
context, any household appliance with a |
15 | | missing, defaced, obliterated, or
otherwise altered |
16 | | manufacturer's identification number.
|
17 | | (b) Construction equipment identification defacement. A |
18 | | person commits construction equipment identification |
19 | | defacement when he or she knowingly changes,
alters, removes, |
20 | | mutilates, or
obliterates a permanently affixed serial number, |
21 | | product identification number,
part number, component |
22 | | identification number, owner-applied identification,
or other |
23 | | mark of identification attached to or stamped, inscribed, |
24 | | molded,
or etched into a machine or other equipment, whether |
25 | | stationary or mobile
or self-propelled, or a part of such |
|
| | HB5805 | - 119 - | LRB100 16869 SLF 32010 b |
|
|
1 | | machine or equipment, used in the construction,
maintenance, or |
2 | | demolition of buildings, structures, bridges, tunnels, sewers,
|
3 | | utility pipes or lines, ditches or open cuts, roads, highways, |
4 | | dams, airports,
or waterways or in material handling for such |
5 | | projects. |
6 | | The trier of fact may infer that the defendant has |
7 | | knowingly changed, altered, removed, or obliterated the serial |
8 | | number, product identification number, part number, component |
9 | | identification number, owner-applied identification number, or |
10 | | other mark of identification, if the defendant was in |
11 | | possession of any machine or other equipment or a part of such |
12 | | machine
or equipment used in the construction, maintenance, or |
13 | | demolition of buildings,
structures, bridges, tunnels, sewers, |
14 | | utility pipes or lines, ditches or
open cuts, roads, highways, |
15 | | dams, airports, or waterways or in material handling
for such |
16 | | projects upon which any such serial number, product |
17 | | identification
number, part number, component identification |
18 | | number, owner-applied identification
number, or other mark of |
19 | | identification has been changed, altered,
removed, or |
20 | | obliterated. |
21 | | (c) Defacement of manufacturer's serial number or |
22 | | identification mark. A person commits defacement of a |
23 | | manufacturer's serial number or identification mark when he or |
24 | | she knowingly removes, alters, defaces, covers, or destroys the
|
25 | | manufacturer's serial number or any other manufacturer's |
26 | | number or
distinguishing identification mark upon any machine |
|
| | HB5805 | - 120 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or other article of
merchandise, other than a motor vehicle as |
2 | | defined in Section 1-146 of the
Illinois Vehicle Code or a |
3 | | firearm as defined in the Firearm Owners Identification Card |
4 | | Act , with the intent of concealing or destroying the
identity |
5 | | of such machine or other article of merchandise. |
6 | | (d) Sentence. |
7 | | (1) A violation of subsection (a) of this Section is a |
8 | | Class 4 felony if the value
of the appliance or appliances |
9 | | exceeds $1,000 and a Class B misdemeanor if
the value of |
10 | | the appliance or appliances is $1,000 or less.
|
11 | | (2) A violation of subsection (b) of this Section is a |
12 | | Class A misdemeanor. |
13 | | (3) A violation of subsection (c) of this Section is a |
14 | | Class B misdemeanor. |
15 | | (e) No liability shall be imposed upon any person for the |
16 | | unintentional
failure to comply with subsection (a).
|
17 | | (f) Definitions. In this Section: |
18 | | "Commercial context" means a continuing business |
19 | | enterprise conducted
for profit by any person whose primary |
20 | | business is the wholesale or retail
marketing of household |
21 | | appliances, or a significant portion of whose business
or |
22 | | inventory consists of household appliances
kept or sold on a |
23 | | wholesale or retail basis. |
24 | | "Household appliance" means any gas or electric device or |
25 | | machine
marketed for use as home entertainment or for |
26 | | facilitating or expediting
household tasks or chores. The term |
|
| | HB5805 | - 121 - | LRB100 16869 SLF 32010 b |
|
|
1 | | shall include but not necessarily be
limited to refrigerators, |
2 | | freezers, ranges, radios, television sets, vacuum
cleaners, |
3 | | toasters, dishwashers, and other similar household items. |
4 | | "Manufacturer's identification number" means any serial |
5 | | number or
other similar numerical or alphabetical designation |
6 | | imprinted upon or attached
to or placed, stamped, or otherwise |
7 | | imprinted upon or attached to a household
appliance or item by |
8 | | the manufacturer for purposes of identifying a particular
|
9 | | appliance or item individually or by lot number. |
10 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
11 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
12 | | Sec. 24-1. Unlawful use of weapons.
|
13 | | (a) A person commits the offense of unlawful use of weapons |
14 | | when
he knowingly:
|
15 | | (1) Sells, manufactures, purchases, possesses or |
16 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
17 | | sand-bag, metal knuckles or other knuckle weapon |
18 | | regardless of its composition, throwing star,
or any knife, |
19 | | commonly referred to as a switchblade knife, which has a
|
20 | | blade that opens automatically by hand pressure applied to |
21 | | a button,
spring or other device in the handle of the |
22 | | knife, or a ballistic knife,
which is a device that propels |
23 | | a knifelike blade as a projectile by means
of a coil |
24 | | spring, elastic material or compressed gas; or
|
25 | | (2) Carries or possesses with intent to use the same |
|
| | HB5805 | - 122 - | LRB100 16869 SLF 32010 b |
|
|
1 | | unlawfully
against another, a dagger, dirk, billy, |
2 | | dangerous knife, razor,
stiletto, broken bottle or other |
3 | | piece of glass, stun gun or taser or
any other dangerous or |
4 | | deadly weapon or instrument of like character; or
|
5 | | (3) Carries on or about his person or in any vehicle, a |
6 | | tear gas gun
projector or bomb or any object containing |
7 | | noxious liquid gas or
substance, other than an object |
8 | | containing a non-lethal noxious liquid gas
or substance |
9 | | designed solely for personal defense carried by a person 18
|
10 | | years of age or older; or
|
11 | | (4) Carries or possesses in any vehicle or concealed on |
12 | | or about his
person except when on his land or in his own |
13 | | abode, legal dwelling, or fixed place of
business, or on |
14 | | the land or in the legal dwelling of another person as an |
15 | | invitee with that person's permission, any pistol, |
16 | | revolver, stun gun or taser or other firearm, except
that
|
17 | | this subsection (a) (4) does not apply to or affect |
18 | | transportation of weapons
that meet one of the following |
19 | | conditions:
|
20 | | (i) are broken down in a non-functioning state; or
|
21 | | (ii) are not immediately accessible; or
|
22 | | (iii) are unloaded and enclosed in a case, firearm |
23 | | carrying box,
shipping box, or other container by a |
24 | | person eligible under State and federal law to possess |
25 | | a firearm who has been issued a currently
valid Firearm |
26 | | Owner's
Identification Card ; or |
|
| | HB5805 | - 123 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (iv) are carried or possessed in accordance with |
2 | | the Firearm Concealed Carry Act by a person who has |
3 | | been issued a currently valid license under the Firearm |
4 | | Concealed Carry Act; or
|
5 | | (5) Sets a spring gun; or
|
6 | | (6) Possesses any device or attachment of any kind |
7 | | designed, used or
intended for use in silencing the report |
8 | | of any firearm; or
|
9 | | (7) Sells, manufactures, purchases, possesses or |
10 | | carries:
|
11 | | (i) a machine gun, which shall be defined for the |
12 | | purposes of this
subsection as any weapon,
which |
13 | | shoots, is designed to shoot, or can be readily |
14 | | restored to shoot,
automatically more than one shot |
15 | | without manually reloading by a single
function of the |
16 | | trigger, including the frame or receiver
of any such |
17 | | weapon, or sells, manufactures, purchases, possesses, |
18 | | or
carries any combination of parts designed or |
19 | | intended for
use in converting any weapon into a |
20 | | machine gun, or any combination or
parts from which a |
21 | | machine gun can be assembled if such parts are in the
|
22 | | possession or under the control of a person;
|
23 | | (ii) any rifle having one or
more barrels less than |
24 | | 16 inches in length or a shotgun having one or more
|
25 | | barrels less than 18 inches in length or any weapon |
26 | | made from a rifle or
shotgun, whether by alteration, |
|
| | HB5805 | - 124 - | LRB100 16869 SLF 32010 b |
|
|
1 | | modification, or otherwise, if such a weapon
as |
2 | | modified has an overall length of less than 26 inches; |
3 | | or
|
4 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
5 | | other container containing an
explosive substance of |
6 | | over one-quarter ounce for like purposes, such
as, but |
7 | | not limited to, black powder bombs and Molotov |
8 | | cocktails or
artillery projectiles; or
|
9 | | (8) Carries or possesses any firearm, stun gun or taser |
10 | | or other
deadly weapon in any place which is licensed to |
11 | | sell intoxicating
beverages, or at any public gathering |
12 | | held pursuant to a license issued
by any governmental body |
13 | | or any public gathering at which an admission
is charged, |
14 | | excluding a place where a showing, demonstration or lecture
|
15 | | involving the exhibition of unloaded firearms is |
16 | | conducted.
|
17 | | This subsection (a)(8) does not apply to any auction or |
18 | | raffle of a firearm
held pursuant to
a license or permit |
19 | | issued by a governmental body, nor does it apply to persons
|
20 | | engaged
in firearm safety training courses; or
|
21 | | (9) Carries or possesses in a vehicle or on or about |
22 | | his person any
pistol, revolver, stun gun or taser or |
23 | | firearm or ballistic knife, when
he is hooded, robed or |
24 | | masked in such manner as to conceal his identity; or
|
25 | | (10) Carries or possesses on or about his person, upon |
26 | | any public street,
alley, or other public lands within the |
|
| | HB5805 | - 125 - | LRB100 16869 SLF 32010 b |
|
|
1 | | corporate limits of a city, village
or incorporated town, |
2 | | except when an invitee thereon or therein, for the
purpose |
3 | | of the display of such weapon or the lawful commerce in |
4 | | weapons, or
except when on his land or in his own abode, |
5 | | legal dwelling, or fixed place of business, or on the land |
6 | | or in the legal dwelling of another person as an invitee |
7 | | with that person's permission, any
pistol, revolver, stun |
8 | | gun or taser or other firearm, except that this
subsection |
9 | | (a) (10) does not apply to or affect transportation of |
10 | | weapons that
meet one of the following conditions:
|
11 | | (i) are broken down in a non-functioning state; or
|
12 | | (ii) are not immediately accessible; or
|
13 | | (iii) are unloaded and enclosed in a case, firearm |
14 | | carrying box,
shipping box, or other container by a |
15 | | person eligible under State and federal law to possess |
16 | | a firearm who has been issued a currently
valid Firearm |
17 | | Owner's
Identification Card ; or
|
18 | | (iv) are carried or possessed in accordance with |
19 | | the Firearm Concealed Carry Act by a person who has |
20 | | been issued a currently valid license under the Firearm |
21 | | Concealed Carry Act. |
22 | | A "stun gun or taser", as used in this paragraph (a) |
23 | | means (i) any device
which is powered by electrical |
24 | | charging units, such as, batteries, and
which fires one or |
25 | | several barbs attached to a length of wire and
which, upon |
26 | | hitting a human, can send out a current capable of |
|
| | HB5805 | - 126 - | LRB100 16869 SLF 32010 b |
|
|
1 | | disrupting
the person's nervous system in such a manner as |
2 | | to render him incapable of
normal functioning or (ii) any |
3 | | device which is powered by electrical
charging units, such |
4 | | as batteries, and which, upon contact with a human or
|
5 | | clothing worn by a human, can send out current capable of |
6 | | disrupting
the person's nervous system in such a manner as |
7 | | to render him incapable
of normal functioning; or
|
8 | | (11) Sells, manufactures or purchases any explosive |
9 | | bullet. For purposes
of this paragraph (a) "explosive |
10 | | bullet" means the projectile portion of
an ammunition |
11 | | cartridge which contains or carries an explosive charge |
12 | | which
will explode upon contact with the flesh of a human |
13 | | or an animal.
"Cartridge" means a tubular metal case having |
14 | | a projectile affixed at the
front thereof and a cap or |
15 | | primer at the rear end thereof, with the
propellant |
16 | | contained in such tube between the projectile and the cap; |
17 | | or
|
18 | | (12) (Blank); or
|
19 | | (13) Carries or possesses on or about his or her person |
20 | | while in a building occupied by a unit of government, a |
21 | | billy club, other weapon of like character, or other |
22 | | instrument of like character intended for use as a weapon. |
23 | | For the purposes of this Section, "billy club" means a |
24 | | short stick or club commonly carried by police officers |
25 | | which is either telescopic or constructed of a solid piece |
26 | | of wood or other man-made material. |
|
| | HB5805 | - 127 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (b) Sentence. A person convicted of a violation of |
2 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
3 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
4 | | Class A
misdemeanor.
A person convicted of a violation of |
5 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
6 | | person
convicted of a violation of subsection 24-1(a)(6) or |
7 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
8 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
9 | | Class 2 felony and shall be sentenced to a term of imprisonment |
10 | | of not less than 3 years and not more than 7 years, unless the |
11 | | weapon is possessed in the
passenger compartment of a motor |
12 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
13 | | Code, or on the person, while the weapon is loaded, in which
|
14 | | case it shall be a Class X felony. A person convicted of a
|
15 | | second or subsequent violation of subsection 24-1(a)(4), |
16 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
17 | | felony. The possession of each weapon in violation of this |
18 | | Section constitutes a single and separate violation.
|
19 | | (c) Violations in specific places.
|
20 | | (1) A person who violates subsection 24-1(a)(6) or |
21 | | 24-1(a)(7) in any
school, regardless of the time of day or |
22 | | the time of year, in residential
property owned, operated |
23 | | or managed by a public housing agency or
leased by
a public |
24 | | housing agency as part of a scattered site or mixed-income
|
25 | | development, in a
public park, in a courthouse, on the real |
26 | | property comprising any school,
regardless of the
time of |
|
| | HB5805 | - 128 - | LRB100 16869 SLF 32010 b |
|
|
1 | | day or the time of year, on residential property owned, |
2 | | operated
or
managed by a public housing agency
or leased by |
3 | | a public housing agency as part of a scattered site or
|
4 | | mixed-income development,
on the real property comprising |
5 | | any
public park, on the real property comprising any |
6 | | courthouse, in any conveyance
owned, leased or contracted |
7 | | by a school to
transport students to or from school or a |
8 | | school related activity, in any conveyance
owned, leased, |
9 | | or contracted by a public transportation agency, or on any
|
10 | | public way within 1,000 feet of the real property |
11 | | comprising any school,
public park, courthouse, public |
12 | | transportation facility, or residential property owned, |
13 | | operated, or managed
by a public housing agency
or leased |
14 | | by a public housing agency as part of a scattered site or
|
15 | | mixed-income development
commits a Class 2 felony and shall |
16 | | be sentenced to a term of imprisonment of not less than 3 |
17 | | years and not more than 7 years.
|
18 | | (1.5) A person who violates subsection 24-1(a)(4), |
19 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
20 | | time of day or the time of year,
in residential property |
21 | | owned, operated, or managed by a public
housing
agency
or |
22 | | leased by a public housing agency as part of a scattered |
23 | | site or
mixed-income development,
in
a public
park, in a |
24 | | courthouse, on the real property comprising any school, |
25 | | regardless
of the time of day or the time of year, on |
26 | | residential property owned,
operated, or managed by a |
|
| | HB5805 | - 129 - | LRB100 16869 SLF 32010 b |
|
|
1 | | public housing agency
or leased by a public housing agency |
2 | | as part of a scattered site or
mixed-income development,
on |
3 | | the real property
comprising any public park, on the real |
4 | | property comprising any courthouse, in
any conveyance |
5 | | owned, leased, or contracted by a school to transport |
6 | | students
to or from school or a school related activity, in |
7 | | any conveyance
owned, leased, or contracted by a public |
8 | | transportation agency, or on any public way within
1,000 |
9 | | feet of the real property comprising any school, public |
10 | | park, courthouse,
public transportation facility, or |
11 | | residential property owned, operated, or managed by a |
12 | | public
housing agency
or leased by a public housing agency |
13 | | as part of a scattered site or
mixed-income development
|
14 | | commits a Class 3 felony.
|
15 | | (2) A person who violates subsection 24-1(a)(1), |
16 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
17 | | time of day or the time of year, in
residential property |
18 | | owned, operated or managed by a public housing
agency
or |
19 | | leased by a public housing agency as part of a scattered |
20 | | site or
mixed-income development,
in
a public park, in a |
21 | | courthouse, on the real property comprising any school,
|
22 | | regardless of the time of day or the time of year, on |
23 | | residential property
owned, operated or managed by a public |
24 | | housing agency
or leased by a public housing agency as part |
25 | | of a scattered site or
mixed-income development,
on the |
26 | | real property
comprising any public park, on the real |
|
| | HB5805 | - 130 - | LRB100 16869 SLF 32010 b |
|
|
1 | | property comprising any courthouse, in
any conveyance |
2 | | owned, leased or contracted by a school to transport |
3 | | students
to or from school or a school related activity, in |
4 | | any conveyance
owned, leased, or contracted by a public |
5 | | transportation agency, or on any public way within
1,000 |
6 | | feet of the real property comprising any school, public |
7 | | park, courthouse,
public transportation facility, or |
8 | | residential property owned, operated, or managed by a |
9 | | public
housing agency or leased by a public housing agency |
10 | | as part of a scattered
site or mixed-income development |
11 | | commits a Class 4 felony. "Courthouse"
means any building |
12 | | that is used by the Circuit, Appellate, or Supreme Court of
|
13 | | this State for the conduct of official business.
|
14 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
15 | | (c) shall not
apply to law
enforcement officers or security |
16 | | officers of such school, college, or
university or to |
17 | | students carrying or possessing firearms for use in |
18 | | training
courses, parades, hunting, target shooting on |
19 | | school ranges, or otherwise with
the consent of school |
20 | | authorities and which firearms are transported unloaded
|
21 | | enclosed in a suitable case, box, or transportation |
22 | | package.
|
23 | | (4) For the purposes of this subsection (c), "school" |
24 | | means any public or
private elementary or secondary school, |
25 | | community college, college, or
university.
|
26 | | (5) For the purposes of this subsection (c), "public |
|
| | HB5805 | - 131 - | LRB100 16869 SLF 32010 b |
|
|
1 | | transportation agency" means a public or private agency |
2 | | that provides for the transportation or conveyance of
|
3 | | persons by means available to the general public, except |
4 | | for transportation
by automobiles not used for conveyance |
5 | | of the general public as passengers; and "public |
6 | | transportation facility" means a terminal or other place
|
7 | | where one may obtain public transportation.
|
8 | | (d) The presence in an automobile other than a public |
9 | | omnibus of any
weapon, instrument or substance referred to in |
10 | | subsection (a)(7) is
prima facie evidence that it is in the |
11 | | possession of, and is being
carried by, all persons occupying |
12 | | such automobile at the time such
weapon, instrument or |
13 | | substance is found, except under the following
circumstances: |
14 | | (i) if such weapon, instrument or instrumentality is
found upon |
15 | | the person of one of the occupants therein; or (ii) if such
|
16 | | weapon, instrument or substance is found in an automobile |
17 | | operated for
hire by a duly licensed driver in the due, lawful |
18 | | and proper pursuit of
his trade, then such presumption shall |
19 | | not apply to the driver.
|
20 | | (e) Exemptions. |
21 | | (1) Crossbows, Common or Compound bows and Underwater
|
22 | | Spearguns are exempted from the definition of ballistic |
23 | | knife as defined in
paragraph (1) of subsection (a) of this |
24 | | Section. |
25 | | (2) The provision of paragraph (1) of subsection (a) of |
26 | | this Section prohibiting the sale, manufacture, purchase, |
|
| | HB5805 | - 132 - | LRB100 16869 SLF 32010 b |
|
|
1 | | possession, or carrying of any knife, commonly referred to |
2 | | as a switchblade knife, which has a
blade that opens |
3 | | automatically by hand pressure applied to a button,
spring |
4 | | or other device in the handle of the knife, does not apply |
5 | | to a person who possesses a currently valid Firearm Owner's |
6 | | Identification Card previously issued in his or her name by |
7 | | the Department of State Police or to a person or an entity |
8 | | engaged in the business of selling or manufacturing |
9 | | switchblade knives.
|
10 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
|
11 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
12 | | Sec. 24-1.1. Unlawful use or possession of weapons by |
13 | | felons or
persons in the custody of the
Department of |
14 | | Corrections facilities. |
15 | | (a) It is unlawful
for a person to knowingly possess on or |
16 | | about his person or on his land or
in his own abode or fixed |
17 | | place of business any weapon prohibited under
Section 24-1 of |
18 | | this Act or any firearm or any firearm ammunition if the
person |
19 | | has been convicted of a felony under the laws of this State or |
20 | | any
other jurisdiction. This Section shall not apply if the |
21 | | person has been
granted relief under this subsection by the |
22 | | Director of the Department of State Police
under Section 10 of |
23 | | the Firearm Owners Identification
Card Act . A person prohibited |
24 | | from possessing a firearm under this subsection (a) may |
25 | | petition the Director of State Police for a hearing and relief |
|
| | HB5805 | - 133 - | LRB100 16869 SLF 32010 b |
|
|
1 | | from the prohibition, unless the prohibition was based upon a |
2 | | forcible felony, stalking, aggravated stalking, domestic |
3 | | battery, any violation of the Illinois Controlled Substances |
4 | | Act, the Methamphetamine Control and Community Protection Act, |
5 | | or the Cannabis Control Act that is classified as a Class 2 or |
6 | | greater felony, any felony violation of Article 24 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012, or any |
8 | | adjudication as a delinquent minor for the commission of an |
9 | | offense that if committed by an adult would be a felony, in |
10 | | which case the person may petition the circuit court in writing |
11 | | in the county of his or her residence for a hearing and relief |
12 | | from the prohibition. The Director or court may grant the |
13 | | relief if it is established by the petitioner to the court's or |
14 | | Director's satisfaction that:
|
15 | | (1) when in the circuit court, the State's Attorney has |
16 | | been served with a written copy of the petition at least 30 |
17 | | days before any hearing in the circuit court and at the |
18 | | hearing the State's Attorney was afforded an opportunity to |
19 | | present evidence and object to the petition; |
20 | | (2) the petitioner has not been convicted of a
forcible |
21 | | felony under the laws of this State or any other |
22 | | jurisdiction within 20 years of the filing of the petition, |
23 | | or at least 20 years have passed since the end of any |
24 | | period of imprisonment imposed in relation to that |
25 | | conviction; |
26 | | (3) the circumstances regarding a criminal
conviction, |
|
| | HB5805 | - 134 - | LRB100 16869 SLF 32010 b |
|
|
1 | | where applicable, the petitioner's criminal history and |
2 | | his or her reputation are such that the petitioner will not |
3 | | be likely to act in a manner dangerous to public safety; |
4 | | (4) granting relief would not be contrary to the
public |
5 | | interest; and |
6 | | (5) granting relief would not be contrary to federal
|
7 | | law. |
8 | | (b) It is unlawful for any person confined in a penal |
9 | | institution,
which is a facility of the Illinois Department of |
10 | | Corrections, to possess
any weapon prohibited under Section |
11 | | 24-1 of this Code or any firearm or
firearm ammunition, |
12 | | regardless of the intent with which he possesses it.
|
13 | | (c) It shall be an affirmative defense to a violation of |
14 | | subsection (b), that such possession was specifically |
15 | | authorized by rule,
regulation, or directive of the Illinois |
16 | | Department of Corrections or order
issued pursuant thereto.
|
17 | | (d) The defense of necessity is not available to a person |
18 | | who is charged
with a violation of subsection (b) of this |
19 | | Section.
|
20 | | (e) Sentence. Violation of this Section by a person not |
21 | | confined
in a penal institution shall be a Class 3 felony
for |
22 | | which the person shall be sentenced to no less than 2 years and |
23 | | no
more than 10 years. A second or subsequent violation of this |
24 | | Section shall be a Class 2 felony for which the person shall be |
25 | | sentenced to a term of imprisonment of not less than 3 years |
26 | | and not more than 14 years, except as provided for in Section |
|
| | HB5805 | - 135 - | LRB100 16869 SLF 32010 b |
|
|
1 | | 5-4.5-110 of the Unified Code of Corrections. Violation of this |
2 | | Section by a person not confined in a
penal institution who has |
3 | | been convicted of a forcible felony, a felony
violation of |
4 | | Article 24 of this Code or of the Firearm Owners Identification
|
5 | | Card Act , stalking or aggravated stalking, or a Class 2 or |
6 | | greater felony
under the Illinois Controlled Substances Act, |
7 | | the Cannabis Control Act, or the Methamphetamine Control and |
8 | | Community Protection Act is a
Class 2 felony for which the |
9 | | person
shall be sentenced to not less than 3 years and not more |
10 | | than 14 years, except as provided for in Section 5-4.5-110 of |
11 | | the Unified Code of Corrections.
Violation of this Section by a |
12 | | person who is on parole or mandatory supervised
release is a |
13 | | Class 2 felony for which the person shall be sentenced to not |
14 | | less than 3 years and not more than 14
years, except as |
15 | | provided for in Section 5-4.5-110 of the Unified Code of |
16 | | Corrections. Violation of this Section by a person not confined |
17 | | in a penal
institution is a Class X felony when the firearm |
18 | | possessed is a machine gun.
Any person who violates this |
19 | | Section while confined in a penal
institution, which is a |
20 | | facility of the Illinois Department of
Corrections, is guilty |
21 | | of a Class 1
felony, if he possesses any weapon prohibited |
22 | | under Section 24-1 of this
Code regardless of the intent with |
23 | | which he possesses it, a Class X
felony if he possesses any |
24 | | firearm, firearm ammunition or explosive, and a
Class X felony |
25 | | for which the offender shall be sentenced to not less than 12
|
26 | | years and not more than 50 years when the firearm possessed is |
|
| | HB5805 | - 136 - | LRB100 16869 SLF 32010 b |
|
|
1 | | a machine
gun. A violation of this Section while wearing or in |
2 | | possession of body armor as defined in Section 33F-1 is a Class |
3 | | X felony punishable by a term of imprisonment of not less than |
4 | | 10 years and not more than 40 years.
The possession of each |
5 | | firearm or firearm ammunition in violation of this Section |
6 | | constitutes a single and separate violation.
|
7 | | (Source: P.A. 100-3, eff. 1-1-18 .)
|
8 | | (720 ILCS 5/24-1.6) |
9 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
10 | | (a) A person commits the offense of aggravated unlawful use |
11 | | of a weapon when
he or she knowingly: |
12 | | (1) Carries on or about his or her person or in any |
13 | | vehicle or concealed
on or about his or her person except |
14 | | when on his or her land or in his or her
abode, legal |
15 | | dwelling, or fixed place of business, or on the land or in |
16 | | the legal dwelling of another person as an invitee with |
17 | | that person's permission, any pistol, revolver, stun gun or |
18 | | taser or
other firearm; or |
19 | | (2) Carries or possesses on or about his or her person, |
20 | | upon any public
street, alley, or other public lands within |
21 | | the corporate limits of a city,
village or incorporated |
22 | | town, except when an invitee thereon or therein, for
the |
23 | | purpose of the display of such weapon or the lawful |
24 | | commerce in weapons, or
except when on his or her own land |
25 | | or in his or her own abode, legal dwelling, or fixed place |
|
| | HB5805 | - 137 - | LRB100 16869 SLF 32010 b |
|
|
1 | | of
business, or on the land or in the legal dwelling of |
2 | | another person as an invitee with that person's permission, |
3 | | any pistol, revolver, stun gun or taser or other firearm; |
4 | | and |
5 | | (3) One of the following factors is present: |
6 | | (A) the firearm, other than a pistol, revolver, or |
7 | | handgun, possessed was uncased, loaded, and |
8 | | immediately accessible
at the time of the offense; or |
9 | | (A-5) the pistol, revolver, or handgun possessed |
10 | | was uncased, loaded, and immediately accessible
at the |
11 | | time of the offense and the person possessing the |
12 | | pistol, revolver, or handgun has not been issued a |
13 | | currently valid license under the Firearm Concealed |
14 | | Carry Act; or |
15 | | (B) the firearm, other than a pistol, revolver, or |
16 | | handgun, possessed was uncased, unloaded, and the |
17 | | ammunition for
the weapon was immediately accessible |
18 | | at the time of the offense; or |
19 | | (B-5) the pistol, revolver, or handgun possessed |
20 | | was uncased, unloaded, and the ammunition for
the |
21 | | weapon was immediately accessible at the time of the |
22 | | offense and the person possessing the pistol, |
23 | | revolver, or handgun has not been issued a currently |
24 | | valid license under the Firearm Concealed Carry Act; or |
25 | | (C) (blank); or the person possessing the firearm |
26 | | has not been issued a currently
valid Firearm Owner's |
|
| | HB5805 | - 138 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Identification Card; or |
2 | | (D) the person possessing the weapon was |
3 | | previously adjudicated
a delinquent minor under the |
4 | | Juvenile Court Act of 1987 for an act that if
committed |
5 | | by an adult would be a felony; or |
6 | | (E) the person possessing the weapon was engaged in |
7 | | a misdemeanor
violation of the Cannabis
Control Act, in |
8 | | a misdemeanor violation of the Illinois Controlled |
9 | | Substances
Act, or in a misdemeanor violation of the |
10 | | Methamphetamine Control and Community Protection Act; |
11 | | or |
12 | | (F) (blank); or |
13 | | (G) the person possessing the weapon had an order |
14 | | of protection issued
against him or her within the |
15 | | previous 2 years; or |
16 | | (H) the person possessing the weapon was engaged in |
17 | | the commission or
attempted commission of
a |
18 | | misdemeanor involving the use or threat of violence |
19 | | against
the person or property of another; or |
20 | | (I) the person possessing the weapon was under 21 |
21 | | years of age and in
possession of a handgun, unless the |
22 | | person under 21
is engaged in lawful activities under |
23 | | the Wildlife Code or described in
subsection |
24 | | 24-2(b)(1), (b)(3), or 24-2(f). |
25 | | (a-5) "Handgun" as used in this Section has the meaning |
26 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
|
| | HB5805 | - 139 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (b) "Stun gun or taser" as used in this Section has the |
2 | | same definition
given to it in Section 24-1 of this Code. |
3 | | (c) This Section does not apply to or affect the |
4 | | transportation or
possession
of weapons that: |
5 | | (i) are broken down in a non-functioning state; or |
6 | | (ii) are not immediately accessible; or |
7 | | (iii) are unloaded and enclosed in a case, firearm |
8 | | carrying box,
shipping box, or other container by a person |
9 | | who is eligible under State and federal law to possess a |
10 | | firearm has been issued a currently
valid Firearm Owner's
|
11 | | Identification Card . |
12 | | (d) Sentence. |
13 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
14 | | felony;
a second or subsequent offense is a Class 2 felony |
15 | | for which the person shall be sentenced to a term of |
16 | | imprisonment of not less than 3 years and not more than 7 |
17 | | years, except as provided for in Section 5-4.5-110 of the |
18 | | Unified Code of Corrections. |
19 | | (2) (Blank). Except as otherwise provided in |
20 | | paragraphs (3) and (4) of this subsection (d), a first |
21 | | offense of aggravated unlawful use of a weapon committed |
22 | | with a firearm by a person 18 years of age or older where |
23 | | the factors listed in both items (A) and (C) or both items |
24 | | (A-5) and (C) of paragraph (3) of subsection (a) are |
25 | | present is a Class 4 felony, for which the person shall be |
26 | | sentenced to a term of imprisonment of not less than one |
|
| | HB5805 | - 140 - | LRB100 16869 SLF 32010 b |
|
|
1 | | year and not more than 3 years. |
2 | | (3) Aggravated unlawful use of
a weapon by a person who |
3 | | has been previously
convicted of a felony in this State or |
4 | | another jurisdiction is a Class 2
felony for which the |
5 | | person shall be sentenced to a term of imprisonment of not |
6 | | less than 3 years and not more than 7 years, except as |
7 | | provided for in Section 5-4.5-110 of the Unified Code of |
8 | | Corrections. |
9 | | (4) Aggravated unlawful use of a weapon while wearing |
10 | | or in possession of body armor as defined in Section 33F-1 |
11 | | by a person who is prohibited under State or federal law |
12 | | from possessing a firearm has not been issued a valid |
13 | | Firearms Owner's Identification Card in accordance with |
14 | | Section 5 of the Firearm Owners Identification Card Act is |
15 | | a Class X felony.
|
16 | | (e) The possession of each firearm in violation of this |
17 | | Section constitutes a single and separate violation. |
18 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) |
19 | | (720 ILCS 5/24-1.8) |
20 | | Sec. 24-1.8. Unlawful possession of a firearm by a street |
21 | | gang member. |
22 | | (a) A person
commits unlawful possession of a firearm by a |
23 | | street gang member when he or she knowingly: |
24 | | (1) possesses, carries, or conceals on or about his or |
25 | | her person a firearm and firearm ammunition while on any |
|
| | HB5805 | - 141 - | LRB100 16869 SLF 32010 b |
|
|
1 | | street, road, alley, gangway, sidewalk, or any other lands, |
2 | | except when inside his or her own abode or inside his or |
3 | | her fixed place of business, and has not been issued a |
4 | | currently valid Firearm Owner's Identification Card and is |
5 | | a member of a street gang; or |
6 | | (2) possesses or carries in any vehicle a firearm and |
7 | | firearm ammunition which are both immediately accessible |
8 | | at the time of the offense while on any street, road, |
9 | | alley, or any other lands, except when inside his or her |
10 | | own abode or garage, and has not been issued a currently |
11 | | valid Firearm Owner's Identification Card and is a member |
12 | | of a street gang. |
13 | | (b) Unlawful possession of a firearm by a street gang |
14 | | member is a Class 2 felony for which the person, if sentenced |
15 | | to a term of imprisonment, shall be sentenced to no less than 3 |
16 | | years and no more than 10 years. A period of probation, a term |
17 | | of periodic imprisonment or conditional discharge shall not be |
18 | | imposed for the offense of unlawful possession of a firearm by |
19 | | a street gang member when the firearm was loaded or contained |
20 | | firearm ammunition and the court shall sentence the offender to |
21 | | not less than the minimum term of imprisonment authorized for |
22 | | the Class 2 felony. |
23 | | (c) For purposes of this Section: |
24 | | "Street gang" or "gang" has the meaning ascribed to it |
25 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus |
26 | | Prevention Act. |
|
| | HB5805 | - 142 - | LRB100 16869 SLF 32010 b |
|
|
1 | | "Street gang member" or "gang member" has the meaning |
2 | | ascribed to it in Section 10 of the Illinois Streetgang |
3 | | Terrorism Omnibus Prevention Act.
|
4 | | (Source: P.A. 96-829, eff. 12-3-09.)
|
5 | | (720 ILCS 5/24-2)
|
6 | | Sec. 24-2. Exemptions.
|
7 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
8 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
9 | | the following:
|
10 | | (1) Peace officers, and any person summoned by a peace |
11 | | officer to
assist in making arrests or preserving the |
12 | | peace, while actually engaged in
assisting such officer.
|
13 | | (2) Wardens, superintendents and keepers of prisons,
|
14 | | penitentiaries, jails and other institutions for the |
15 | | detention of persons
accused or convicted of an offense, |
16 | | while in the performance of their
official duty, or while |
17 | | commuting between their homes and places of employment.
|
18 | | (3) Members of the Armed Services or Reserve Forces of |
19 | | the United States
or the Illinois National Guard or the |
20 | | Reserve Officers Training Corps,
while in the performance |
21 | | of their official duty.
|
22 | | (4) Special agents employed by a railroad or a public |
23 | | utility to
perform police functions, and guards of armored |
24 | | car companies, while
actually engaged in the performance of |
25 | | the duties of their employment or
commuting between their |
|
| | HB5805 | - 143 - | LRB100 16869 SLF 32010 b |
|
|
1 | | homes and places of employment; and watchmen
while actually |
2 | | engaged in the performance of the duties of their |
3 | | employment.
|
4 | | (5) Persons licensed as private security contractors, |
5 | | private
detectives, or private alarm contractors, or |
6 | | employed by a private security contractor, private |
7 | | detective, or private alarm contractor agency licensed
by |
8 | | the Department of Financial and Professional Regulation, |
9 | | if their duties
include the carrying of a weapon under the |
10 | | provisions of the Private
Detective, Private Alarm,
|
11 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
12 | | 2004,
while actually
engaged in the performance of the |
13 | | duties of their employment or commuting
between their homes |
14 | | and places of employment. A person shall be considered |
15 | | eligible for this
exemption if he or she has completed the |
16 | | required 20
hours of training for a private security |
17 | | contractor, private
detective, or private alarm |
18 | | contractor, or employee of a licensed private security |
19 | | contractor, private detective, or private alarm contractor |
20 | | agency and 20 hours of required firearm
training, and has |
21 | | been issued a firearm control card by
the Department of |
22 | | Financial and Professional Regulation. Conditions for the |
23 | | renewal of
firearm control cards issued under the |
24 | | provisions of this Section
shall be the same as for those |
25 | | cards issued under the provisions of the
Private Detective, |
26 | | Private Alarm,
Private Security, Fingerprint Vendor, and |
|
| | HB5805 | - 144 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Locksmith Act of 2004. The
firearm control card shall be |
2 | | carried by the private security contractor, private
|
3 | | detective, or private alarm contractor, or employee of the |
4 | | licensed private security contractor, private detective, |
5 | | or private alarm contractor agency at all
times when he or |
6 | | she is in possession of a concealable weapon permitted by |
7 | | his or her firearm control card.
|
8 | | (6) Any person regularly employed in a commercial or |
9 | | industrial
operation as a security guard for the protection |
10 | | of persons employed
and private property related to such |
11 | | commercial or industrial
operation, while actually engaged |
12 | | in the performance of his or her
duty or traveling between |
13 | | sites or properties belonging to the
employer, and who, as |
14 | | a security guard, is a member of a security force |
15 | | registered with the Department of Financial and |
16 | | Professional
Regulation; provided that such security guard |
17 | | has successfully completed a
course of study, approved by |
18 | | and supervised by the Department of
Financial and |
19 | | Professional Regulation, consisting of not less than 40 |
20 | | hours of training
that includes the theory of law |
21 | | enforcement, liability for acts, and the
handling of |
22 | | weapons. A person shall be considered eligible for this
|
23 | | exemption if he or she has completed the required 20
hours |
24 | | of training for a security officer and 20 hours of required |
25 | | firearm
training, and has been issued a firearm control |
26 | | card by
the Department of Financial and Professional |
|
| | HB5805 | - 145 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Regulation. Conditions for the renewal of
firearm control |
2 | | cards issued under the provisions of this Section
shall be |
3 | | the same as for those cards issued under the provisions of |
4 | | the
Private Detective, Private Alarm,
Private Security, |
5 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
6 | | control card shall be carried by the security guard at all
|
7 | | times when he or she is in possession of a concealable |
8 | | weapon permitted by his or her firearm control card.
|
9 | | (7) Agents and investigators of the Illinois |
10 | | Legislative Investigating
Commission authorized by the |
11 | | Commission to carry the weapons specified in
subsections |
12 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
13 | | any investigation for the Commission.
|
14 | | (8) Persons employed by a financial institution as a |
15 | | security guard for the protection of
other employees and |
16 | | property related to such financial institution, while
|
17 | | actually engaged in the performance of their duties, |
18 | | commuting between
their homes and places of employment, or |
19 | | traveling between sites or
properties owned or operated by |
20 | | such financial institution, and who, as a security guard, |
21 | | is a member of a security force registered with the |
22 | | Department; provided that
any person so employed has |
23 | | successfully completed a course of study,
approved by and |
24 | | supervised by the Department of Financial and Professional |
25 | | Regulation,
consisting of not less than 40 hours of |
26 | | training which includes theory of
law enforcement, |
|
| | HB5805 | - 146 - | LRB100 16869 SLF 32010 b |
|
|
1 | | liability for acts, and the handling of weapons.
A person |
2 | | shall be considered to be eligible for this exemption if he |
3 | | or
she has completed the required 20 hours of training for |
4 | | a security officer
and 20 hours of required firearm |
5 | | training, and has been issued a
firearm control card by the |
6 | | Department of Financial and Professional Regulation.
|
7 | | Conditions for renewal of firearm control cards issued |
8 | | under the
provisions of this Section shall be the same as |
9 | | for those issued under the
provisions of the Private |
10 | | Detective, Private Alarm,
Private Security, Fingerprint |
11 | | Vendor, and Locksmith Act of 2004. The
firearm control card |
12 | | shall be carried by the security guard at all times when he |
13 | | or she is in possession of a concealable
weapon permitted |
14 | | by his or her firearm control card. For purposes of this |
15 | | subsection, "financial institution" means a
bank, savings |
16 | | and loan association, credit union or company providing
|
17 | | armored car services.
|
18 | | (9) Any person employed by an armored car company to |
19 | | drive an armored
car, while actually engaged in the |
20 | | performance of his duties.
|
21 | | (10) Persons who have been classified as peace officers |
22 | | pursuant
to the Peace Officer Fire Investigation Act.
|
23 | | (11) Investigators of the Office of the State's |
24 | | Attorneys Appellate
Prosecutor authorized by the board of |
25 | | governors of the Office of the
State's Attorneys Appellate |
26 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
|
| | HB5805 | - 147 - | LRB100 16869 SLF 32010 b |
|
|
1 | | State's Attorneys Appellate Prosecutor's Act.
|
2 | | (12) Special investigators appointed by a State's |
3 | | Attorney under
Section 3-9005 of the Counties Code.
|
4 | | (12.5) Probation officers while in the performance of |
5 | | their duties, or
while commuting between their homes, |
6 | | places of employment or specific locations
that are part of |
7 | | their assigned duties, with the consent of the chief judge |
8 | | of
the circuit for which they are employed, if they have |
9 | | received weapons training according
to requirements of the |
10 | | Peace Officer and Probation Officer Firearm Training Act.
|
11 | | (13) Court Security Officers while in the performance |
12 | | of their official
duties, or while commuting between their |
13 | | homes and places of employment, with
the
consent of the |
14 | | Sheriff.
|
15 | | (13.5) A person employed as an armed security guard at |
16 | | a nuclear energy,
storage, weapons or development site or |
17 | | facility regulated by the Nuclear
Regulatory Commission |
18 | | who has completed the background screening and training
|
19 | | mandated by the rules and regulations of the Nuclear |
20 | | Regulatory Commission.
|
21 | | (14) Manufacture, transportation, or sale of weapons |
22 | | to
persons
authorized under subdivisions (1) through |
23 | | (13.5) of this
subsection
to
possess those weapons.
|
24 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
25 | | to
or affect any person carrying a concealed pistol, revolver, |
26 | | or handgun and the person has been issued a currently valid |
|
| | HB5805 | - 148 - | LRB100 16869 SLF 32010 b |
|
|
1 | | license under the Firearm Concealed Carry Act at the time of |
2 | | the commission of the offense. |
3 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
4 | | 24-1.6 do not
apply to or affect
any of the following:
|
5 | | (1) Members of any club or organization organized for |
6 | | the purpose of
practicing shooting at targets upon |
7 | | established target ranges, whether
public or private, and |
8 | | patrons of such ranges, while such members
or patrons are |
9 | | using their firearms on those target ranges.
|
10 | | (2) Duly authorized military or civil organizations |
11 | | while parading,
with the special permission of the |
12 | | Governor.
|
13 | | (3) Hunters, trappers or fishermen with a license or
|
14 | | permit while engaged in hunting,
trapping or fishing.
|
15 | | (4) Transportation of weapons that are broken down in a
|
16 | | non-functioning state or are not immediately accessible.
|
17 | | (5) Carrying or possessing any pistol, revolver, stun |
18 | | gun or taser or other firearm on the land or in the legal |
19 | | dwelling of another person as an invitee with that person's |
20 | | permission. |
21 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
22 | | of the
following:
|
23 | | (1) Peace officers while in performance of their |
24 | | official duties.
|
25 | | (2) Wardens, superintendents and keepers of prisons, |
26 | | penitentiaries,
jails and other institutions for the |
|
| | HB5805 | - 149 - | LRB100 16869 SLF 32010 b |
|
|
1 | | detention of persons accused or
convicted of an offense.
|
2 | | (3) Members of the Armed Services or Reserve Forces of |
3 | | the United States
or the Illinois National Guard, while in |
4 | | the performance of their official
duty.
|
5 | | (4) Manufacture, transportation, or sale of machine |
6 | | guns to persons
authorized under subdivisions (1) through |
7 | | (3) of this subsection to
possess machine guns, if the |
8 | | machine guns are broken down in a
non-functioning state or |
9 | | are not immediately accessible.
|
10 | | (5) Persons licensed under federal law to manufacture |
11 | | any weapon from
which 8 or more shots or bullets can be |
12 | | discharged by a
single function of the firing device, or |
13 | | ammunition for such weapons, and
actually engaged in the |
14 | | business of manufacturing such weapons or
ammunition, but |
15 | | only with respect to activities which are within the lawful
|
16 | | scope of such business, such as the manufacture, |
17 | | transportation, or testing
of such weapons or ammunition. |
18 | | This exemption does not authorize the
general private |
19 | | possession of any weapon from which 8 or more
shots or |
20 | | bullets can be discharged by a single function of the |
21 | | firing
device, but only such possession and activities as |
22 | | are within the lawful
scope of a licensed manufacturing |
23 | | business described in this paragraph.
|
24 | | During transportation, such weapons shall be broken |
25 | | down in a
non-functioning state or not immediately |
26 | | accessible.
|
|
| | HB5805 | - 150 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (6) The manufacture, transport, testing, delivery, |
2 | | transfer or sale,
and all lawful commercial or experimental |
3 | | activities necessary thereto, of
rifles, shotguns, and |
4 | | weapons made from rifles or shotguns,
or ammunition for |
5 | | such rifles, shotguns or weapons, where engaged in
by a |
6 | | person operating as a contractor or subcontractor pursuant |
7 | | to a
contract or subcontract for the development and supply |
8 | | of such rifles,
shotguns, weapons or ammunition to the |
9 | | United States government or any
branch of the Armed Forces |
10 | | of the United States, when such activities are
necessary |
11 | | and incident to fulfilling the terms of such contract.
|
12 | | The exemption granted under this subdivision (c)(6)
|
13 | | shall also apply to any authorized agent of any such |
14 | | contractor or
subcontractor who is operating within the |
15 | | scope of his employment, where
such activities involving |
16 | | such weapon, weapons or ammunition are necessary
and |
17 | | incident to fulfilling the terms of such contract.
|
18 | | (7) A person possessing a rifle with a barrel or |
19 | | barrels less than 16 inches in length if: (A) the person |
20 | | has been issued a Curios and Relics license from the U.S. |
21 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
22 | | the person is an active member of a bona fide, nationally |
23 | | recognized military re-enacting group and the modification |
24 | | is required and necessary to accurately portray the weapon |
25 | | for historical re-enactment purposes; the re-enactor is in |
26 | | possession of a valid and current re-enacting group |
|
| | HB5805 | - 151 - | LRB100 16869 SLF 32010 b |
|
|
1 | | membership credential; and the overall length of the weapon |
2 | | as modified is not less than 26 inches. |
3 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
4 | | possession
or carrying of a black-jack or slung-shot by a peace |
5 | | officer.
|
6 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
7 | | manager or
authorized employee of any place specified in that |
8 | | subsection nor to any
law enforcement officer.
|
9 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
10 | | Section 24-1.6
do not apply
to members of any club or |
11 | | organization organized for the purpose of practicing
shooting |
12 | | at targets upon established target ranges, whether public or |
13 | | private,
while using their firearms on those target ranges.
|
14 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
15 | | to:
|
16 | | (1) Members of the Armed Services or Reserve Forces of |
17 | | the United
States or the Illinois National Guard, while in |
18 | | the performance of their
official duty.
|
19 | | (2) Bonafide collectors of antique or surplus military |
20 | | ordnance.
|
21 | | (3) Laboratories having a department of forensic |
22 | | ballistics, or
specializing in the development of |
23 | | ammunition or explosive ordnance.
|
24 | | (4) Commerce, preparation, assembly or possession of |
25 | | explosive
bullets by manufacturers of ammunition licensed |
26 | | by the federal government,
in connection with the supply of |
|
| | HB5805 | - 152 - | LRB100 16869 SLF 32010 b |
|
|
1 | | those organizations and persons exempted
by subdivision |
2 | | (g)(1) of this Section, or like organizations and persons
|
3 | | outside this State, or the transportation of explosive |
4 | | bullets to any
organization or person exempted in this |
5 | | Section by a common carrier or by a
vehicle owned or leased |
6 | | by an exempted manufacturer.
|
7 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
8 | | persons licensed
under federal law to manufacture any device or |
9 | | attachment of any kind designed,
used, or intended for use in |
10 | | silencing the report of any firearm, firearms, or
ammunition
|
11 | | for those firearms equipped with those devices, and actually |
12 | | engaged in the
business of manufacturing those devices, |
13 | | firearms, or ammunition, but only with
respect to
activities |
14 | | that are within the lawful scope of that business, such as the
|
15 | | manufacture, transportation, or testing of those devices, |
16 | | firearms, or
ammunition. This
exemption does not authorize the |
17 | | general private possession of any device or
attachment of any |
18 | | kind designed, used, or intended for use in silencing the
|
19 | | report of any firearm, but only such possession and activities |
20 | | as are within
the
lawful scope of a licensed manufacturing |
21 | | business described in this subsection
(g-5). During |
22 | | transportation, these devices shall be detached from any weapon
|
23 | | or
not immediately accessible.
|
24 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
25 | | 24-1.6 do not apply to
or affect any parole agent or parole |
26 | | supervisor who meets the qualifications and conditions |
|
| | HB5805 | - 153 - | LRB100 16869 SLF 32010 b |
|
|
1 | | prescribed in Section 3-14-1.5 of the Unified Code of |
2 | | Corrections. |
3 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
4 | | officer while serving as a member of a tactical response team |
5 | | or special operations team. A peace officer may not personally |
6 | | own or apply for ownership of a device or attachment of any |
7 | | kind designed, used, or intended for use in silencing the |
8 | | report of any firearm. These devices shall be owned and |
9 | | maintained by lawfully recognized units of government whose |
10 | | duties include the investigation of criminal acts. |
11 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
12 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
13 | | athlete's possession, transport on official Olympic and |
14 | | Paralympic transit systems established for athletes, or use of |
15 | | competition firearms sanctioned by the International Olympic |
16 | | Committee, the International Paralympic Committee, the |
17 | | International Shooting Sport Federation, or USA Shooting in |
18 | | connection with such athlete's training for and participation |
19 | | in shooting competitions at the 2016 Olympic and Paralympic |
20 | | Games and sanctioned test events leading up to the 2016 Olympic |
21 | | and Paralympic Games. |
22 | | (h) An information or indictment based upon a violation of |
23 | | any
subsection of this Article need not negative any exemptions |
24 | | contained in
this Article. The defendant shall have the burden |
25 | | of proving such an
exemption.
|
26 | | (i) Nothing in this Article shall prohibit, apply to, or |
|
| | HB5805 | - 154 - | LRB100 16869 SLF 32010 b |
|
|
1 | | affect
the transportation, carrying, or possession, of any |
2 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
3 | | to a common carrier operating
under license of the State of |
4 | | Illinois or the federal government, where
such transportation, |
5 | | carrying, or possession is incident to the lawful
|
6 | | transportation in which such common carrier is engaged; and |
7 | | nothing in this
Article shall prohibit, apply to, or affect the |
8 | | transportation, carrying,
or possession of any pistol, |
9 | | revolver, stun gun, taser, or other firearm,
not the subject of |
10 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
11 | | this Article, which is unloaded and enclosed in a case, firearm
|
12 | | carrying box, shipping box, or other container, by a person |
13 | | eligible under State and federal law to possess a firearm the |
14 | | possessor of a valid
Firearm Owners Identification Card .
|
15 | | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
|
16 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
17 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
18 | | (A) A person commits the offense of unlawful sale or |
19 | | delivery of firearms when he
or she knowingly does any of the |
20 | | following:
|
21 | | (a) Sells or gives any firearm of a size which may be |
22 | | concealed upon the
person to any person under 18 years of |
23 | | age.
|
24 | | (b) Sells or gives any firearm to a person under 21 |
25 | | years of age who has
been convicted of a misdemeanor other |
|
| | HB5805 | - 155 - | LRB100 16869 SLF 32010 b |
|
|
1 | | than a traffic offense or adjudged
delinquent.
|
2 | | (c) Sells or gives any firearm to any narcotic addict.
|
3 | | (d) Sells or gives any firearm to any person who has |
4 | | been convicted of a
felony under the laws of this or any |
5 | | other jurisdiction.
|
6 | | (e) Sells or gives any firearm to any person who has |
7 | | been a patient in a
mental institution within the past 5 |
8 | | years. In this subsection (e): |
9 | | "Mental institution" means any hospital, |
10 | | institution, clinic, evaluation facility, mental |
11 | | health center, or part thereof, which is used primarily |
12 | | for the care or treatment of persons with mental |
13 | | illness. |
14 | | "Patient in a mental institution" means the person |
15 | | was admitted, either voluntarily or involuntarily, to |
16 | | a mental institution for mental health treatment, |
17 | | unless the treatment was voluntary and solely for an |
18 | | alcohol abuse disorder and no other secondary |
19 | | substance abuse disorder or mental illness.
|
20 | | (f) Sells or gives any firearms to any person who is a |
21 | | person with an intellectual disability.
|
22 | | (g) Delivers any firearm of a size which may be |
23 | | concealed upon the
person, incidental to a sale, without |
24 | | withholding delivery of such firearm
for at least 72 hours |
25 | | after application for its purchase has been made, or
|
26 | | delivers any rifle, shotgun or other long gun, or a stun |
|
| | HB5805 | - 156 - | LRB100 16869 SLF 32010 b |
|
|
1 | | gun or taser, incidental to a sale,
without withholding |
2 | | delivery of such rifle, shotgun or other long gun, or a |
3 | | stun gun or taser for
at least 24 hours after application |
4 | | for its purchase has been made.
However,
this paragraph (g) |
5 | | does not apply to: (1) the sale of a firearm
to a law |
6 | | enforcement officer if the seller of the firearm knows that |
7 | | the person to whom he or she is selling the firearm is a |
8 | | law enforcement officer or the sale of a firearm to a |
9 | | person who desires to purchase a firearm for
use in |
10 | | promoting the public interest incident to his or her |
11 | | employment as a
bank guard, armed truck guard, or other |
12 | | similar employment; (2) a mail
order sale of a firearm from |
13 | | a federally licensed firearms dealer to a nonresident of |
14 | | Illinois under which the firearm
is mailed to a federally |
15 | | licensed firearms dealer outside the boundaries of |
16 | | Illinois; (3) the sale
of a firearm to a nonresident of |
17 | | Illinois while at a firearm showing or display
recognized |
18 | | by the Illinois Department of State Police; (4) the sale of |
19 | | a
firearm to a dealer licensed as a federal firearms dealer |
20 | | under Section 923
of the federal Gun Control Act of 1968 |
21 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, |
22 | | shotgun, or other long gun to a resident registered |
23 | | competitor or attendee or non-resident registered |
24 | | competitor or attendee by any dealer licensed as a federal |
25 | | firearms dealer under Section 923 of the federal Gun |
26 | | Control Act of 1968 at competitive shooting events held at |
|
| | HB5805 | - 157 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the World Shooting Complex sanctioned by a national |
2 | | governing body. For purposes of transfers or sales under |
3 | | subparagraph (5) of this paragraph (g), the Department of |
4 | | Natural Resources shall give notice to the Department of |
5 | | State Police at least 30 calendar days prior to any |
6 | | competitive shooting events at the World Shooting Complex |
7 | | sanctioned by a national governing body. The notification |
8 | | shall be made on a form prescribed by the Department of |
9 | | State Police. The sanctioning body shall provide a list of |
10 | | all registered competitors and attendees at least 24 hours |
11 | | before the events to the Department of State Police. Any |
12 | | changes to the list of registered competitors and attendees |
13 | | shall be forwarded to the Department of State Police as |
14 | | soon as practicable. The Department of State Police must |
15 | | destroy the list of registered competitors and attendees no |
16 | | later than 30 days after the date of the event. Nothing in |
17 | | this paragraph (g) relieves a federally licensed firearm |
18 | | dealer from the requirements of conducting a NICS |
19 | | background check through the Illinois Point of Contact |
20 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), |
21 | | "application" means when the buyer and seller reach an |
22 | | agreement to purchase a firearm.
For purposes of this |
23 | | paragraph (g), "national governing body" means a group of |
24 | | persons who adopt rules and formulate policy on behalf of a |
25 | | national firearm sporting organization.
|
26 | | (h) While holding any license
as a dealer,
importer, |
|
| | HB5805 | - 158 - | LRB100 16869 SLF 32010 b |
|
|
1 | | manufacturer or pawnbroker
under the federal Gun Control |
2 | | Act of 1968,
manufactures, sells or delivers to any |
3 | | unlicensed person a handgun having
a barrel, slide, frame |
4 | | or receiver which is a die casting of zinc alloy or
any |
5 | | other nonhomogeneous metal which will melt or deform at a |
6 | | temperature
of less than 800 degrees Fahrenheit. For |
7 | | purposes of this paragraph, (1)
"firearm" is defined as in |
8 | | the Firearm Owners Identification Card Act; and (2)
|
9 | | "handgun" is defined as a firearm designed to be held
and |
10 | | fired by the use of a single hand, and includes a |
11 | | combination of parts from
which such a firearm can be |
12 | | assembled.
|
13 | | (i) Sells or gives a firearm of any size to any person |
14 | | under 18 years of
age who is not eligible under State or |
15 | | federal law to possess a firearm does not possess a valid |
16 | | Firearm Owner's Identification Card .
|
17 | | (j) Sells or gives a firearm while engaged in the |
18 | | business of selling
firearms at wholesale or retail without |
19 | | being licensed as a federal firearms
dealer under Section |
20 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
21 | | In this paragraph (j):
|
22 | | A person "engaged in the business" means a person who |
23 | | devotes time,
attention, and
labor to
engaging in the |
24 | | activity as a regular course of trade or business with the
|
25 | | principal objective of livelihood and profit, but does not |
26 | | include a person who
makes occasional repairs of firearms |
|
| | HB5805 | - 159 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or who occasionally fits special barrels,
stocks, or |
2 | | trigger mechanisms to firearms.
|
3 | | "With the principal objective of livelihood and |
4 | | profit" means that the
intent
underlying the sale or |
5 | | disposition of firearms is predominantly one of
obtaining |
6 | | livelihood and pecuniary gain, as opposed to other intents, |
7 | | such as
improving or liquidating a personal firearms |
8 | | collection; however, proof of
profit shall not be required |
9 | | as to a person who engages in the regular and
repetitive |
10 | | purchase and disposition of firearms for criminal purposes |
11 | | or
terrorism.
|
12 | | (k) (Blank). Sells or transfers ownership of a firearm |
13 | | to a person who does not display to the seller or |
14 | | transferor of the firearm either: (1) a currently valid |
15 | | Firearm Owner's Identification Card that has previously |
16 | | been issued in the transferee's name by the Department of |
17 | | State Police under the provisions of the Firearm Owners |
18 | | Identification Card Act; or (2) a currently valid license |
19 | | to carry a concealed firearm that has previously been |
20 | | issued in the transferee's name by the
Department of State |
21 | | Police under the Firearm Concealed Carry Act. This |
22 | | paragraph (k) does not apply to the transfer of a firearm |
23 | | to a person who is exempt from the requirement of |
24 | | possessing a Firearm Owner's Identification Card under |
25 | | Section 2 of the Firearm Owners Identification Card Act. |
26 | | For the purposes of this Section, a currently valid Firearm |
|
| | HB5805 | - 160 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Owner's Identification Card means (i) a Firearm Owner's |
2 | | Identification Card that has not expired or (ii) an |
3 | | approval number issued in accordance with subsection |
4 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
5 | | Identification Card Act shall be proof that the Firearm |
6 | | Owner's Identification Card was valid. |
7 | | (1) (Blank). In addition to the other requirements |
8 | | of this paragraph (k), all persons who are not |
9 | | federally licensed firearms dealers must also have |
10 | | complied with subsection (a-10) of Section 3 of the |
11 | | Firearm Owners Identification Card Act by determining |
12 | | the validity of a purchaser's Firearm Owner's |
13 | | Identification Card. |
14 | | (2) (Blank). All sellers or transferors who have |
15 | | complied with the requirements of subparagraph (1) of |
16 | | this paragraph (k) shall not be liable for damages in |
17 | | any civil action arising from the use or misuse by the |
18 | | transferee of the firearm transferred, except for |
19 | | willful or wanton misconduct on the part of the seller |
20 | | or transferor. |
21 | | (l) Not
being entitled to the possession of a firearm, |
22 | | delivers the
firearm, knowing it to have been stolen or |
23 | | converted. It may be inferred that
a person who possesses a |
24 | | firearm with knowledge that its serial number has
been |
25 | | removed or altered has knowledge that the firearm is stolen |
26 | | or converted. |
|
| | HB5805 | - 161 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (B) Paragraph (h) of subsection (A) does not include |
2 | | firearms sold within 6
months after enactment of Public
Act |
3 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
4 | | nor is any
firearm legally owned or
possessed by any citizen or |
5 | | purchased by any citizen within 6 months after the
enactment of |
6 | | Public Act 78-355 subject
to confiscation or seizure under the |
7 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
8 | | shall be construed to prohibit the gift or trade of
any firearm |
9 | | if that firearm was legally held or acquired within 6 months |
10 | | after
the enactment of that Public Act.
|
11 | | (C) Sentence.
|
12 | | (1) Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
14 | | or (h) of subsection (A) commits a Class
4
felony.
|
15 | | (2) Any person convicted of unlawful sale or delivery |
16 | | of firearms in violation of
paragraph (b) or (i) of |
17 | | subsection (A) commits a Class 3 felony.
|
18 | | (3) Any person convicted of unlawful sale or delivery |
19 | | of firearms in violation of
paragraph (a) of subsection (A) |
20 | | commits a Class 2 felony.
|
21 | | (4) Any person convicted of unlawful sale or delivery |
22 | | of firearms in violation of
paragraph (a), (b), or (i) of |
23 | | subsection (A) in any school, on the real
property |
24 | | comprising a school, within 1,000 feet of the real property |
25 | | comprising
a school, at a school related activity, or on or |
26 | | within 1,000 feet of any
conveyance owned, leased, or |
|
| | HB5805 | - 162 - | LRB100 16869 SLF 32010 b |
|
|
1 | | contracted by a school or school district to
transport |
2 | | students to or from school or a school related activity,
|
3 | | regardless of the time of day or time of year at which the |
4 | | offense
was committed, commits a Class 1 felony. Any person |
5 | | convicted of a second
or subsequent violation of unlawful |
6 | | sale or delivery of firearms in violation of paragraph
(a), |
7 | | (b), or (i) of subsection (A) in any school, on the real |
8 | | property
comprising a school, within 1,000 feet of the real |
9 | | property comprising a
school, at a school related activity, |
10 | | or on or within 1,000 feet of any
conveyance owned, leased, |
11 | | or contracted by a school or school district to
transport |
12 | | students to or from school or a school related activity,
|
13 | | regardless of the time of day or time of year at which the |
14 | | offense
was committed, commits a Class 1 felony for which |
15 | | the sentence shall be a
term of imprisonment of no less |
16 | | than 5 years and no more than 15 years.
|
17 | | (5) Any person convicted of unlawful sale or delivery |
18 | | of firearms in violation of
paragraph (a) or (i) of |
19 | | subsection (A) in residential property owned,
operated, or |
20 | | managed by a public housing agency or leased by a public |
21 | | housing
agency as part of a scattered site or mixed-income |
22 | | development, in a public
park, in a
courthouse, on |
23 | | residential property owned, operated, or managed by a |
24 | | public
housing agency or leased by a public housing agency |
25 | | as part of a scattered site
or mixed-income development, on |
26 | | the real property comprising any public park,
on the real
|
|
| | HB5805 | - 163 - | LRB100 16869 SLF 32010 b |
|
|
1 | | property comprising any courthouse, or on any public way |
2 | | within 1,000 feet
of the real property comprising any |
3 | | public park, courthouse, or residential
property owned, |
4 | | operated, or managed by a public housing agency or leased |
5 | | by a
public housing agency as part of a scattered site or |
6 | | mixed-income development
commits a
Class 2 felony.
|
7 | | (6) Any person convicted of unlawful sale or delivery |
8 | | of firearms in violation of
paragraph (j) of subsection (A) |
9 | | commits a Class A misdemeanor. A second or
subsequent |
10 | | violation is a Class 4 felony. |
11 | | (7) (Blank). Any person convicted of unlawful sale or |
12 | | delivery of firearms in violation of paragraph (k) of |
13 | | subsection (A) commits a Class 4 felony, except that a |
14 | | violation of subparagraph (1) of paragraph (k) of |
15 | | subsection (A) shall not be punishable as a crime or petty |
16 | | offense. A third or subsequent conviction for a violation |
17 | | of paragraph (k) of subsection (A) is a Class 1 felony.
|
18 | | (8) A person 18 years of age or older convicted of |
19 | | unlawful sale or delivery of firearms in violation of |
20 | | paragraph (a) or (i) of subsection (A), when the firearm |
21 | | that was sold or given to another person under 18 years of |
22 | | age was used in the commission of or attempt to commit a |
23 | | forcible felony, shall be fined or imprisoned, or both, not |
24 | | to exceed the maximum provided for the most serious |
25 | | forcible felony so committed or attempted by the person |
26 | | under 18 years of age who was sold or given the firearm. |
|
| | HB5805 | - 164 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (9) Any person convicted of unlawful sale or delivery |
2 | | of firearms in violation of
paragraph (d) of subsection (A) |
3 | | commits a Class 3 felony. |
4 | | (10) Any person convicted of unlawful sale or delivery |
5 | | of firearms in violation of paragraph (l) of subsection (A) |
6 | | commits a Class 2 felony if the delivery is of one firearm. |
7 | | Any person convicted of unlawful sale or delivery of |
8 | | firearms in violation of paragraph (l) of subsection (A) |
9 | | commits a Class 1 felony if the delivery is of not less |
10 | | than 2 and not more than 5 firearms at the
same time or |
11 | | within a one year period. Any person convicted of unlawful |
12 | | sale or delivery of firearms in violation of paragraph (l) |
13 | | of subsection (A) commits a Class X felony for which he or |
14 | | she shall be sentenced
to a term of imprisonment of not |
15 | | less than 6 years and not more than 30
years if the |
16 | | delivery is of not less than 6 and not more than 10 |
17 | | firearms at the
same time or within a 2 year period. Any |
18 | | person convicted of unlawful sale or delivery of firearms |
19 | | in violation of paragraph (l) of subsection (A) commits a |
20 | | Class X felony for which he or she shall be sentenced
to a |
21 | | term of imprisonment of not less than 6 years and not more |
22 | | than 40
years if the delivery is of not less than 11 and |
23 | | not more than 20 firearms at the
same time or within a 3 |
24 | | year period. Any person convicted of unlawful sale or |
25 | | delivery of firearms in violation of paragraph (l) of |
26 | | subsection (A) commits a Class X felony for which he or she |
|
| | HB5805 | - 165 - | LRB100 16869 SLF 32010 b |
|
|
1 | | shall be sentenced
to a term of imprisonment of not less |
2 | | than 6 years and not more than 50
years if the delivery is |
3 | | of not less than 21 and not more than 30 firearms at the
|
4 | | same time or within a 4 year period. Any person convicted |
5 | | of unlawful sale or delivery of firearms in violation of |
6 | | paragraph (l) of subsection (A) commits a Class X felony |
7 | | for which he or she shall be sentenced
to a term of |
8 | | imprisonment of not less than 6 years and not more than 60
|
9 | | years if the delivery is of 31 or more firearms at the
same |
10 | | time or within a 5 year period. |
11 | | (D) For purposes of this Section:
|
12 | | "School" means a public or private elementary or secondary |
13 | | school,
community college, college, or university.
|
14 | | "School related activity" means any sporting, social, |
15 | | academic, or
other activity for which students' attendance or |
16 | | participation is sponsored,
organized, or funded in whole or in |
17 | | part by a school or school district.
|
18 | | (E) A prosecution for a violation of paragraph (k) of |
19 | | subsection (A) of this Section may be commenced within 6 years |
20 | | after the commission of the offense. A prosecution for a |
21 | | violation of this Section other than paragraph (g) of |
22 | | subsection (A) of this Section may be commenced within 5 years |
23 | | after the commission of the offense defined in the particular |
24 | | paragraph.
|
25 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
26 | | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
|
|
| | HB5805 | - 166 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
|
2 | | Sec. 24-3.1. Unlawful possession of firearms and firearm |
3 | | ammunition.
|
4 | | (a) A person commits the offense of unlawful possession of |
5 | | firearms
or firearm ammunition when:
|
6 | | (1) He is under 18 years of age and has in his |
7 | | possession
any firearm of
a size which may be concealed |
8 | | upon the person; or
|
9 | | (2) He is under 21 years of age, has been convicted of |
10 | | a misdemeanor
other than a traffic offense or adjudged |
11 | | delinquent and has
any firearms or
firearm ammunition in |
12 | | his possession; or
|
13 | | (3) He is a narcotic addict and has
any firearms or |
14 | | firearm ammunition
in his possession; or
|
15 | | (4) He has been a patient in a mental institution |
16 | | within the past 5 years
and has
any firearms or firearm |
17 | | ammunition in his possession. For purposes of this |
18 | | paragraph (4): |
19 | | "Mental institution" means any hospital, |
20 | | institution, clinic, evaluation facility, mental |
21 | | health center, or part thereof, which is used primarily |
22 | | for the care or treatment of persons with mental |
23 | | illness. |
24 | | "Patient in a mental institution" means the person |
25 | | was admitted, either voluntarily or involuntarily, to |
|
| | HB5805 | - 167 - | LRB100 16869 SLF 32010 b |
|
|
1 | | a mental institution for mental health treatment, |
2 | | unless the treatment was voluntary and solely for an |
3 | | alcohol abuse disorder and no other secondary |
4 | | substance abuse disorder or mental illness; or
|
5 | | (5) He is a person with an intellectual disability and |
6 | | has
any firearms or firearm ammunition
in his possession; |
7 | | or
|
8 | | (6) He has in his possession any explosive bullet.
|
9 | | For purposes of this paragraph "explosive bullet" means the |
10 | | projectile
portion of an ammunition cartridge which contains or |
11 | | carries an explosive
charge which will explode upon contact |
12 | | with the flesh of a human or an animal.
"Cartridge" means a |
13 | | tubular metal case having a projectile affixed at the
front |
14 | | thereof and a cap or primer at the rear end thereof, with the |
15 | | propellant
contained in such tube between the projectile and |
16 | | the cap.
|
17 | | (a-5) A person prohibited from possessing a firearm under |
18 | | this Section may petition the Director of State Police for a |
19 | | hearing and relief from the prohibition, unless the prohibition |
20 | | was based upon a forcible felony, stalking, aggravated |
21 | | stalking, domestic battery, any violation of the Illinois |
22 | | Controlled Substances Act, the Methamphetamine Control and |
23 | | Community Protection Act, or the Cannabis Control Act that is |
24 | | classified as a Class 2 or greater felony, any felony violation |
25 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code |
26 | | of 2012, or any adjudication as a delinquent minor for the |
|
| | HB5805 | - 168 - | LRB100 16869 SLF 32010 b |
|
|
1 | | commission of an offense that if committed by an adult would be |
2 | | a felony, in which case the person may petition the circuit |
3 | | court in writing in the county of his or her residence for a |
4 | | hearing and relief from the prohibition. The Director or court |
5 | | may grant the relief if it is established by the petitioner to |
6 | | the court's or Director's satisfaction that: |
7 | | (1) when in the circuit court, the State's Attorney has |
8 | | been served with a written copy of the petition at least 30 |
9 | | days before any hearing in the circuit court and at the |
10 | | hearing the State's Attorney was afforded an opportunity to |
11 | | present evidence and object to the petition; |
12 | | (2) the petitioner has not been convicted of a
forcible |
13 | | felony under the laws of this State or any other |
14 | | jurisdiction within 20 years of the filing of the petition, |
15 | | or at least 20 years have passed since the end of any |
16 | | period of imprisonment imposed in relation to that |
17 | | conviction; |
18 | | (3) the circumstances regarding a criminal
conviction, |
19 | | where applicable, the petitioner's criminal history and |
20 | | his reputation are such that the petitioner will not be |
21 | | likely to act in a manner dangerous to public safety; |
22 | | (4) granting relief would not be contrary to the
public |
23 | | interest; and |
24 | | (5) granting relief would not be contrary to federal
|
25 | | law. |
26 | | (b) Sentence.
|
|
| | HB5805 | - 169 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Unlawful possession of firearms, other than handguns, and |
2 | | firearm
ammunition is a Class A misdemeanor. Unlawful |
3 | | possession of handguns is a
Class 4 felony. The possession of |
4 | | each firearm or firearm ammunition in violation of this Section |
5 | | constitutes a single and separate violation.
|
6 | | (c) Nothing in paragraph (1) of subsection (a) of this |
7 | | Section prohibits
a person under 18 years of age from |
8 | | participating in any lawful recreational
activity with a |
9 | | firearm such as, but not limited to, practice shooting at
|
10 | | targets upon established public or private target ranges or |
11 | | hunting, trapping,
or fishing in accordance with the Wildlife |
12 | | Code or the Fish and Aquatic Life
Code.
|
13 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
14 | | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
|
15 | | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
|
16 | | (a) A person
commits the offense of unlawful discharge of |
17 | | firearm projectiles when he
or she knowingly
or recklessly uses |
18 | | an armor piercing bullet, dragon's
breath shotgun shell, bolo |
19 | | shell, or flechette
shell
in violation of
this Section.
|
20 | | For purposes of this Section:
|
21 | | "Armor piercing bullet" means
any handgun bullet or handgun |
22 | | ammunition with projectiles or projectile cores
constructed |
23 | | entirely (excluding the presence of traces of other substances)
|
24 | | from tungsten alloys, steel, iron, brass, bronze, beryllium |
25 | | copper
or depleted uranium, or fully jacketed bullets larger |
|
| | HB5805 | - 170 - | LRB100 16869 SLF 32010 b |
|
|
1 | | than 22 caliber whose
jacket
has a weight of more than 25% of |
2 | | the total weight of the projectile, and
excluding those handgun
|
3 | | projectiles whose cores are composed of soft materials such as |
4 | | lead or lead
alloys, zinc or zinc alloys, frangible projectiles |
5 | | designed primarily for
sporting purposes, and any
other |
6 | | projectiles or projectile cores that the U. S. Secretary of the |
7 | | Treasury
finds to be primarily intended to be used for sporting |
8 | | purposes or industrial
purposes or that otherwise does not |
9 | | constitute "armor piercing ammunition" as
that term is defined |
10 | | by federal law.
|
11 | | "Dragon's breath shotgun shell" means any shotgun shell |
12 | | that contains
exothermic pyrophoric mesh metal as the |
13 | | projectile and is designed for the
purpose of throwing or |
14 | | spewing a flame or fireball to simulate a flame-thrower.
|
15 | | "Bolo shell" means any shell that can be fired in a firearm |
16 | | and expels as
projectiles 2 or more metal balls connected by |
17 | | solid metal wire.
|
18 | | "Flechette shell" means any shell that can be fired in a |
19 | | firearm and expels
2 or more pieces of fin-stabilized solid |
20 | | metal wire or 2 or more solid
dart-type
projectiles.
|
21 | | (b) A person commits a Class X felony when he or she, |
22 | | knowing that a
firearm ,
as defined in Section
1.1 of the |
23 | | Firearm Owners Identification Card
Act, is loaded with an armor
|
24 | | piercing bullet, dragon's breath shotgun shell, bolo
shell, or |
25 | | flechette
shell,
intentionally or recklessly discharges such |
26 | | firearm and such bullet or
shell strikes
any other person.
|
|
| | HB5805 | - 171 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (c) Any person who possesses, concealed on or about his or |
2 | | her person,
an armor
piercing bullet, dragon's breath shotgun |
3 | | shell, bolo
shell, or flechette
shell
and a firearm suitable |
4 | | for the discharge thereof is guilty
of a Class 2 felony.
|
5 | | (d) This Section does not apply to or affect any of the |
6 | | following:
|
7 | | (1) Peace officers;
|
8 | | (2) Wardens, superintendents and keepers of prisons, |
9 | | penitentiaries, jails
and other institutions for the |
10 | | detention of persons accused or convicted of an
offense;
|
11 | | (3) Members of the Armed Services or Reserve Forces of |
12 | | the United States
or the Illinois National Guard while in |
13 | | the performance of their official
duties;
|
14 | | (4) Federal officials required to carry firearms, |
15 | | while engaged in the
performance of their official duties;
|
16 | | (5) United States Marshals, while engaged in the |
17 | | performance of their
official duties.
|
18 | | (Source: P.A. 92-423, eff. 1-1-02.)
|
19 | | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
|
20 | | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
|
21 | | (a) It shall be unlawful for any person who holds a license |
22 | | to sell at
retail any alcoholic liquor issued by the Illinois |
23 | | Liquor Control
Commission or local liquor control commissioner |
24 | | under the Liquor Control Act
of 1934 or an agent or employee of |
25 | | the licensee to sell or deliver to any
other person a firearm |
|
| | HB5805 | - 172 - | LRB100 16869 SLF 32010 b |
|
|
1 | | in or on the real property of the establishment
where the |
2 | | licensee is licensed to sell alcoholic liquors unless the sale |
3 | | or
delivery of the firearm is otherwise lawful under this |
4 | | Article and under the
Firearm Owners Identification Card Act .
|
5 | | (b) Sentence. A violation of subsection (a) of this Section |
6 | | is a
Class 4 felony.
|
7 | | (Source: P.A. 87-591.)
|
8 | | (720 ILCS 5/24-3.5)
|
9 | | Sec. 24-3.5. Unlawful purchase of a firearm.
|
10 | | (a) For purposes of this Section,
"firearms transaction |
11 | | record form" means a form:
|
12 | | (1) executed by a transferee
of a firearm stating: (i) |
13 | | the transferee's name and address (including county
or |
14 | | similar political subdivision); (ii) whether the |
15 | | transferee is a citizen of
the United States;
(iii) the |
16 | | transferee's State of residence; and (iv) the date and |
17 | | place of
birth, height, weight, and race of the transferee; |
18 | | and
|
19 | | (2) on which the transferee certifies that he or she is |
20 | | not
prohibited by federal law from transporting or shipping |
21 | | a firearm
in interstate or foreign commerce or receiving a |
22 | | firearm that has been shipped
or transported in interstate |
23 | | or foreign commerce or possessing a firearm in or
affecting |
24 | | commerce.
|
25 | | (b) A person commits the offense of unlawful purchase of a |
|
| | HB5805 | - 173 - | LRB100 16869 SLF 32010 b |
|
|
1 | | firearm who
knowingly purchases or attempts to purchase a
|
2 | | firearm with the intent to deliver that firearm to another |
3 | | person who
is prohibited by federal or State law from |
4 | | possessing a firearm.
|
5 | | (c) A person commits the offense of unlawful purchase of a |
6 | | firearm when he
or she, in purchasing or attempting to purchase |
7 | | a firearm, intentionally
provides false or
misleading |
8 | | information on a United States Department of the Treasury, |
9 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
10 | | record form.
|
11 | | (d) Exemption. It is not a violation of subsection (b) of |
12 | | this Section for a
person to make a gift or loan of a firearm to |
13 | | a
person who is not
prohibited by federal or State law from |
14 | | possessing a firearm
if the transfer of the firearm
is made in |
15 | | accordance with Section 3 of the Firearm Owners Identification |
16 | | Card
Act .
|
17 | | (e) Sentence.
|
18 | | (1) A person who commits the offense of unlawful |
19 | | purchase of a
firearm:
|
20 | | (A) is guilty of a Class 2 felony for purchasing or |
21 | | attempting to
purchase one firearm;
|
22 | | (B) is guilty of a Class 1 felony for purchasing or |
23 | | attempting to
purchase not less than 2
firearms and not |
24 | | more than 5 firearms at the same time or within a one
|
25 | | year period;
|
26 | | (C) is guilty of a Class X felony for which the |
|
| | HB5805 | - 174 - | LRB100 16869 SLF 32010 b |
|
|
1 | | offender shall be sentenced to a term of imprisonment |
2 | | of not less than 9 years and not more than 40 years for |
3 | | purchasing or attempting to
purchase not less than 6
|
4 | | firearms at the same time or within a 2
year period.
|
5 | | (2) In addition to any other penalty that may be |
6 | | imposed for a violation
of this Section, the court may |
7 | | sentence a person convicted of a violation of
subsection |
8 | | (c) of this Section to a fine not to exceed $250,000 for |
9 | | each
violation.
|
10 | | (f) A prosecution for unlawful purchase of a firearm may be |
11 | | commenced within 6 years after the commission of the offense.
|
12 | | (Source: P.A. 95-882, eff. 1-1-09.)
|
13 | | (720 ILCS 5/24-4.1)
|
14 | | Sec. 24-4.1. Report of lost or stolen firearms.
|
15 | | (a) If a person who possesses a valid Firearm Owner's |
16 | | Identification Card and who possesses or acquires a firearm |
17 | | thereafter loses the firearm, or if the firearm is stolen from |
18 | | the person, the person must report the loss or theft to the |
19 | | local law enforcement agency within 72 hours after obtaining |
20 | | knowledge of the loss or theft. |
21 | | (b) A law enforcement agency having jurisdiction shall take |
22 | | a written report and shall, as soon as practical, enter the |
23 | | firearm's serial number as stolen into the Law Enforcement |
24 | | Agencies Data System (LEADS). |
25 | | (c) A person shall not be in violation of this Section if: |
|
| | HB5805 | - 175 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (1) the failure to report is due to an act of God, act |
2 | | of war, or inability of a law enforcement agency to receive |
3 | | the report; |
4 | | (2) the person is hospitalized, in a coma, or is |
5 | | otherwise seriously physically or mentally impaired as to |
6 | | prevent the person from reporting; or |
7 | | (3) the person's designee makes a report if the person |
8 | | is unable to make the report. |
9 | | (d) Sentence. A person who violates this Section is guilty |
10 | | of a petty offense for a first violation. A second or |
11 | | subsequent violation of this Section is a Class A misdemeanor.
|
12 | | (Source: P.A. 98-508, eff. 8-19-13.) |
13 | | (720 ILCS 5/24-4.5 new)
|
14 | | Sec. 24-4.5. Dial up system. |
15 | | (a) The Department of State Police shall provide
a dial up |
16 | | telephone system or utilize other existing technology which |
17 | | shall be used by any federally licensed
firearm dealer, gun |
18 | | show promoter, or gun show vendor who is to transfer a firearm, |
19 | | stun gun, or taser under the provisions of this
Code. The |
20 | | Department of State Police may utilize existing technology |
21 | | which
allows the caller to be charged a fee not to exceed $2. |
22 | | Fees collected by the Department of
State Police shall be |
23 | | deposited in the State Police Services Fund and used
to provide |
24 | | the service. |
25 | | (b) Upon receiving a request from a federally licensed |
|
| | HB5805 | - 176 - | LRB100 16869 SLF 32010 b |
|
|
1 | | firearm dealer, gun show promoter, or gun show vendor, the
|
2 | | Department of State Police shall immediately approve, or within |
3 | | the time
period established by Section 24-3 of this Code |
4 | | regarding
the delivery of firearms, stun guns, and tasers |
5 | | notify the inquiring dealer, gun show promoter, or gun show |
6 | | vendor of any objection that
would disqualify the transferee |
7 | | from acquiring or possessing a firearm, stun gun, or taser. In
|
8 | | conducting the inquiry, the Department of State Police shall |
9 | | initiate and
complete an automated search of its criminal |
10 | | history record information
files and those of the Federal |
11 | | Bureau of Investigation, including the
National Instant |
12 | | Criminal Background Check System, and of the files of
the |
13 | | Department of Human Services relating to mental health and
|
14 | | developmental disabilities to obtain
any felony conviction or |
15 | | patient hospitalization information which would
disqualify a |
16 | | person from obtaining a firearm. |
17 | | (c) If receipt of a firearm would not violate Section 24-3 |
18 | | of this Code or federal law, the Department of State Police |
19 | | shall:
|
20 | | (1) assign a unique identification number to the |
21 | | transfer; and |
22 | | (2) provide the licensee, gun show promoter, or gun |
23 | | show vendor with the number. |
24 | | (d) Approvals issued by the Department of State Police for |
25 | | the purchase of a firearm are valid for 30 days from the date |
26 | | of issue.
|
|
| | HB5805 | - 177 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (e)(1) The Department of State Police must act as the |
2 | | Illinois Point of Contact
for the National Instant Criminal |
3 | | Background Check System. |
4 | | (2) The Department of State Police and the Department of |
5 | | Human Services shall, in accordance with State and federal law |
6 | | regarding confidentiality, enter into a memorandum of |
7 | | understanding with the Federal Bureau of Investigation for the |
8 | | purpose of implementing the National Instant Criminal |
9 | | Background Check System in the State. The Department of State |
10 | | Police shall report the name, date of birth, and physical |
11 | | description of any person prohibited from possessing a firearm |
12 | | under this Code or 18 U.S.C. 922(g) and (n) to the National |
13 | | Instant Criminal Background Check System Index, Denied Persons |
14 | | Files. |
15 | | (f) The Department of State Police shall adopt rules not |
16 | | inconsistent with this Section to implement this
system.
|
17 | | (720 ILCS 5/24-9)
|
18 | | Sec. 24-9. Firearms; Child Protection.
|
19 | | (a) Except as provided in
subsection (c), it is unlawful
|
20 | | for any person to
store or leave, within premises under his or |
21 | | her control, a firearm if
the
person knows or has reason to |
22 | | believe that a minor under the age of 14
years who does not |
23 | | have a Firearm Owners Identification Card is likely to gain
|
24 | | access to the firearm without the lawful permission
of the |
25 | | person possessing the firearm, minor's parent, guardian, or |
|
| | HB5805 | - 178 - | LRB100 16869 SLF 32010 b |
|
|
1 | | person having charge of the minor, and
the minor causes death |
2 | | or great bodily harm with the firearm, unless
the firearm is:
|
3 | | (1) secured by a device or mechanism, other than the |
4 | | firearm safety,
designed to render a firearm temporarily |
5 | | inoperable; or
|
6 | | (2) placed in a securely locked box or container; or
|
7 | | (3) placed in some other location that a reasonable |
8 | | person would
believe to be secure from a minor under the |
9 | | age of 14 years.
|
10 | | (b) Sentence. A person who violates this Section is guilty |
11 | | of a Class C
misdemeanor and shall be fined not less than |
12 | | $1,000. A second or subsequent
violation of this Section is a |
13 | | Class A misdemeanor.
|
14 | | (c) Subsection (a) does not apply:
|
15 | | (1) if the minor under 14 years of age gains access to |
16 | | a
firearm and uses it in a lawful act of self-defense or |
17 | | defense of another; or
|
18 | | (2) to any firearm obtained by a minor under the age of |
19 | | 14 because of
an unlawful entry of the premises by the |
20 | | minor or another person.
|
21 | | (d) (Blank). For the purposes of this Section, "firearm" |
22 | | has the meaning ascribed
to it in Section
1.1 of the Firearm |
23 | | Owners Identification Card Act.
|
24 | | (Source: P.A. 91-18, eff. 1-1-00.)
|
25 | | Section 85. The Methamphetamine Control and Community |
|
| | HB5805 | - 179 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Protection Act is amended by changing Section 10 as follows: |
2 | | (720 ILCS 646/10)
|
3 | | Sec. 10. Definitions. As used in this Act: |
4 | | "Anhydrous ammonia" has the meaning provided in subsection |
5 | | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
|
6 | | "Anhydrous ammonia equipment" means all items used to |
7 | | store, hold, contain, handle, transfer, transport, or apply |
8 | | anhydrous ammonia for lawful purposes.
|
9 | | "Booby trap" means any device designed to cause physical |
10 | | injury when triggered by an act of a person approaching, |
11 | | entering, or moving through a structure, a vehicle, or any |
12 | | location where methamphetamine has been manufactured, is being |
13 | | manufactured, or is intended to be manufactured.
|
14 | | "Deliver" or "delivery" has the meaning provided in |
15 | | subsection (h) of Section 102 of the Illinois Controlled |
16 | | Substances Act.
|
17 | | "Director" means the Director of State Police or the |
18 | | Director's designated agents.
|
19 | | "Dispose" or "disposal" means to abandon, discharge, |
20 | | release, deposit, inject, dump, spill, leak, or place |
21 | | methamphetamine waste onto or into any land, water, or well of |
22 | | any type so that the waste has the potential to enter the |
23 | | environment, be emitted into the air, or be discharged into the |
24 | | soil or any waters, including groundwater.
|
25 | | "Emergency response" means the act of collecting evidence |
|
| | HB5805 | - 180 - | LRB100 16869 SLF 32010 b |
|
|
1 | | from or securing a methamphetamine laboratory site, |
2 | | methamphetamine waste site or other methamphetamine-related |
3 | | site and cleaning up the site, whether these actions are |
4 | | performed by public entities or private contractors paid by |
5 | | public entities.
|
6 | | "Emergency service provider" means a local, State, or |
7 | | federal peace officer, firefighter, emergency medical |
8 | | technician-ambulance, emergency
medical |
9 | | technician-intermediate, emergency medical |
10 | | technician-paramedic, ambulance driver, or other medical or |
11 | | first aid personnel rendering aid, or any agent or designee of |
12 | | the foregoing.
|
13 | | "Finished methamphetamine" means methamphetamine in a form |
14 | | commonly used for personal consumption. |
15 | | "Firearm" has the meaning provided in Section 2-7.5 of the |
16 | | Criminal Code of 2012 1.1 of the Firearm Owners Identification |
17 | | Card Act .
|
18 | | "Manufacture" means to produce, prepare, compound, |
19 | | convert, process, synthesize, concentrate, purify, separate, |
20 | | extract, or package any methamphetamine, methamphetamine |
21 | | precursor, methamphetamine manufacturing catalyst, |
22 | | methamphetamine manufacturing reagent, methamphetamine |
23 | | manufacturing solvent, or any substance containing any of the |
24 | | foregoing.
|
25 | | "Methamphetamine" means the chemical methamphetamine (a |
26 | | Schedule II controlled substance under the Illinois Controlled |
|
| | HB5805 | - 181 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Substances Act) or any salt, optical isomer, salt of optical |
2 | | isomer, or analog thereof, with the exception of |
3 | | 3,4-Methylenedioxymethamphetamine (MDMA) or any other |
4 | | scheduled substance with a separate listing under the Illinois |
5 | | Controlled Substances Act. |
6 | | "Methamphetamine manufacturing catalyst" means any |
7 | | substance that has been used, is being used, or is intended to |
8 | | be used to activate, accelerate, extend, or improve a chemical |
9 | | reaction involved in the manufacture of methamphetamine.
|
10 | | "Methamphetamine manufacturing environment" means a |
11 | | structure or vehicle in which:
|
12 | | (1) methamphetamine is being or has been manufactured;
|
13 | | (2) chemicals that are being used, have been used, or |
14 | | are intended to be used to manufacture methamphetamine are |
15 | | stored;
|
16 | | (3) methamphetamine manufacturing materials that have |
17 | | been used to manufacture methamphetamine are stored; or
|
18 | | (4) methamphetamine manufacturing waste is stored.
|
19 | | "Methamphetamine manufacturing material" means any |
20 | | methamphetamine precursor, substance containing any |
21 | | methamphetamine precursor, methamphetamine manufacturing |
22 | | catalyst, substance containing any methamphetamine |
23 | | manufacturing catalyst, methamphetamine manufacturing reagent, |
24 | | substance containing any methamphetamine manufacturing |
25 | | reagent, methamphetamine manufacturing solvent, substance |
26 | | containing any methamphetamine manufacturing solvent, or any |
|
| | HB5805 | - 182 - | LRB100 16869 SLF 32010 b |
|
|
1 | | other chemical, substance, ingredient, equipment, apparatus, |
2 | | or item that is being used, has been used, or is intended to be |
3 | | used in the manufacture of methamphetamine.
|
4 | | "Methamphetamine manufacturing reagent" means any |
5 | | substance other than a methamphetamine manufacturing catalyst |
6 | | that has been used, is being used, or is intended to be used to |
7 | | react with and chemically alter any methamphetamine precursor. |
8 | | "Methamphetamine manufacturing solvent" means any |
9 | | substance that has been used, is being used, or is intended to |
10 | | be used as a medium in which any methamphetamine precursor, |
11 | | methamphetamine manufacturing catalyst, methamphetamine |
12 | | manufacturing reagent, or any substance containing any of the |
13 | | foregoing is dissolved, diluted, or washed during any part of |
14 | | the methamphetamine manufacturing process.
|
15 | | "Methamphetamine manufacturing waste" means any chemical, |
16 | | substance, ingredient, equipment, apparatus, or item that is |
17 | | left over from, results from, or is produced by the process of |
18 | | manufacturing methamphetamine, other than finished |
19 | | methamphetamine.
|
20 | | "Methamphetamine precursor" means ephedrine, |
21 | | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, |
22 | | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical |
23 | | isomer, or salt of an optical isomer of any of these chemicals.
|
24 | | "Multi-unit dwelling" means a unified structure used or |
25 | | intended for use as a habitation, home, or residence that |
26 | | contains 2 or more condominiums, apartments, hotel rooms, motel |
|
| | HB5805 | - 183 - | LRB100 16869 SLF 32010 b |
|
|
1 | | rooms, or other living units.
|
2 | | "Package" means an item marked for retail sale that is not |
3 | | designed to be further broken down or subdivided for the |
4 | | purpose of retail sale.
|
5 | | "Participate" or "participation" in the manufacture of |
6 | | methamphetamine means to produce, prepare, compound, convert, |
7 | | process, synthesize, concentrate, purify, separate, extract, |
8 | | or package any methamphetamine, methamphetamine precursor, |
9 | | methamphetamine manufacturing catalyst, methamphetamine |
10 | | manufacturing reagent, methamphetamine manufacturing solvent, |
11 | | or any substance containing any of the foregoing, or to assist |
12 | | in any of these actions, or to attempt to take any of these |
13 | | actions, regardless of whether this action or these actions |
14 | | result in the production of finished methamphetamine.
|
15 | | "Person with a disability" means a person who suffers from |
16 | | a permanent physical or mental impairment resulting from |
17 | | disease, injury, functional disorder, or congenital condition |
18 | | which renders the person incapable of adequately providing for |
19 | | his or her own health and personal care.
|
20 | | "Procure" means to purchase, steal, gather, or otherwise |
21 | | obtain, by legal or illegal means, or to cause another to take |
22 | | such action.
|
23 | | "Second or subsequent offense" means an offense under this |
24 | | Act committed by an offender who previously committed an |
25 | | offense under this Act, the Illinois Controlled Substances Act, |
26 | | the Cannabis Control Act, or another Act of this State, another |
|
| | HB5805 | - 184 - | LRB100 16869 SLF 32010 b |
|
|
1 | | state, or the United States relating to methamphetamine, |
2 | | cannabis, or any other controlled substance.
|
3 | | "Standard dosage form", as used in relation to any |
4 | | methamphetamine precursor, means that the methamphetamine |
5 | | precursor is contained in a pill, tablet, capsule, caplet, gel |
6 | | cap, or liquid cap that has been manufactured by a lawful |
7 | | entity and contains a standard quantity of methamphetamine |
8 | | precursor.
|
9 | | "Unauthorized container", as used in relation to anhydrous |
10 | | ammonia, means any container that is not designed for the |
11 | | specific and sole purpose of holding, storing, transporting, or |
12 | | applying anhydrous ammonia. "Unauthorized container" includes, |
13 | | but is not limited to, any propane tank, fire extinguisher, |
14 | | oxygen cylinder, gasoline can, food or beverage cooler, or |
15 | | compressed gas cylinder used in dispensing fountain drinks. |
16 | | "Unauthorized container" does not encompass anhydrous ammonia |
17 | | manufacturing plants, refrigeration systems
where anhydrous |
18 | | ammonia is used solely as a refrigerant, anhydrous ammonia |
19 | | transportation pipelines, anhydrous ammonia tankers, or |
20 | | anhydrous ammonia barges.
|
21 | | (Source: P.A. 97-434, eff. 1-1-12.) |
22 | | Section 90. The Code of Criminal Procedure of 1963 is |
23 | | amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and |
24 | | 112A-14 as follows:
|
|
| | HB5805 | - 185 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
2 | | Sec. 110-10. Conditions of bail bond.
|
3 | | (a) If a person is released prior to conviction, either |
4 | | upon payment of
bail security or on his or her own |
5 | | recognizance, the conditions of the bail
bond shall be that he |
6 | | or she will:
|
7 | | (1) Appear to answer the charge in the court having |
8 | | jurisdiction on
a day certain and thereafter as ordered by |
9 | | the court until discharged or
final order of the court;
|
10 | | (2) Submit himself or herself to the orders and process |
11 | | of the court;
|
12 | | (3) Not depart this State without leave of the court;
|
13 | | (4) Not violate any criminal statute of any |
14 | | jurisdiction;
|
15 | | (5) At a time and place designated by the court, |
16 | | surrender all firearms
in his or her possession to a law |
17 | | enforcement officer designated by the court
to take custody |
18 | | of and impound the firearms
and physically
surrender his or |
19 | | her Firearm Owner's Identification Card to the clerk of the
|
20 | | circuit court
when the offense the person has
been charged |
21 | | with is a forcible felony, stalking, aggravated stalking, |
22 | | domestic
battery, any violation of the Illinois Controlled |
23 | | Substances Act, the Methamphetamine Control and Community |
24 | | Protection Act, or the
Cannabis Control Act that is |
25 | | classified as a Class 2 or greater felony, or any
felony |
26 | | violation of Article 24 of the Criminal Code of 1961 or the |
|
| | HB5805 | - 186 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Criminal Code of 2012; the court
may,
however, forgo the |
2 | | imposition of this condition when the
circumstances of the
|
3 | | case clearly do not warrant it or when its imposition would |
4 | | be
impractical;
if the Firearm Owner's Identification Card |
5 | | is confiscated, the clerk of the circuit court shall mail |
6 | | the confiscated card to the Illinois State Police; all |
7 | | legally possessed firearms shall be returned to the person |
8 | | upon
the charges being dismissed, or if the person is found |
9 | | not guilty, unless the
finding of not guilty is by reason |
10 | | of insanity; and
|
11 | | (6) At a time and place designated by the court, submit |
12 | | to a
psychological
evaluation when the person has been |
13 | | charged with a violation of item (4) of
subsection
(a) of |
14 | | Section 24-1 of the Criminal Code of 1961 or the Criminal |
15 | | Code of 2012 and that violation occurred in
a school
or in |
16 | | any conveyance owned, leased, or contracted by a school to |
17 | | transport
students to or
from school or a school-related |
18 | | activity, or on any public way within 1,000
feet of real
|
19 | | property comprising any school.
|
20 | | Psychological evaluations ordered pursuant to this Section |
21 | | shall be completed
promptly
and made available to the State, |
22 | | the defendant, and the court. As a further
condition of bail |
23 | | under
these circumstances, the court shall order the defendant |
24 | | to refrain from
entering upon the
property of the school, |
25 | | including any conveyance owned, leased, or contracted
by a |
26 | | school to
transport students to or from school or a |
|
| | HB5805 | - 187 - | LRB100 16869 SLF 32010 b |
|
|
1 | | school-related activity, or on any public way within
1,000 feet |
2 | | of real property comprising any school. Upon receipt of the |
3 | | psychological evaluation,
either the State or the defendant may |
4 | | request a change in the conditions of bail, pursuant to
Section |
5 | | 110-6 of this Code. The court may change the conditions of bail |
6 | | to include a
requirement that the defendant follow the |
7 | | recommendations of the psychological evaluation,
including |
8 | | undergoing psychiatric treatment. The conclusions of the
|
9 | | psychological evaluation and
any statements elicited from the |
10 | | defendant during its administration are not
admissible as |
11 | | evidence
of guilt during the course of any trial on the charged |
12 | | offense, unless the
defendant places his or her
mental |
13 | | competency in issue.
|
14 | | (b) The court may impose other conditions, such as the |
15 | | following, if the
court finds that such conditions are |
16 | | reasonably necessary to assure the
defendant's appearance in |
17 | | court, protect the public from the defendant, or
prevent the |
18 | | defendant's unlawful interference with the orderly |
19 | | administration
of justice:
|
20 | | (1) Report to or appear in person before such person or |
21 | | agency as the
court may direct;
|
22 | | (2) Refrain from possessing a firearm or other |
23 | | dangerous weapon;
|
24 | | (3) Refrain from approaching or communicating with |
25 | | particular persons or
classes of persons;
|
26 | | (4) Refrain from going to certain described |
|
| | HB5805 | - 188 - | LRB100 16869 SLF 32010 b |
|
|
1 | | geographical areas or
premises;
|
2 | | (5) Refrain from engaging in certain activities or |
3 | | indulging in
intoxicating liquors or in certain drugs;
|
4 | | (6) Undergo treatment for drug addiction or |
5 | | alcoholism;
|
6 | | (7) Undergo medical or psychiatric treatment;
|
7 | | (8) Work or pursue a course of study or vocational |
8 | | training;
|
9 | | (9) Attend or reside in a facility designated by the |
10 | | court;
|
11 | | (10) Support his or her dependents;
|
12 | | (11) If a minor resides with his or her parents or in a |
13 | | foster home,
attend school, attend a non-residential |
14 | | program for youths, and contribute
to his or her own |
15 | | support at home or in a foster home;
|
16 | | (12) Observe any curfew ordered by the court;
|
17 | | (13) Remain in the custody of such designated person or |
18 | | organization
agreeing to supervise his release. Such third |
19 | | party custodian shall be
responsible for notifying the |
20 | | court if the defendant fails to observe the
conditions of |
21 | | release which the custodian has agreed to monitor, and |
22 | | shall
be subject to contempt of court for failure so to |
23 | | notify the court;
|
24 | | (14) Be placed under direct supervision of the Pretrial |
25 | | Services
Agency, Probation Department or Court Services |
26 | | Department in a pretrial
bond home supervision capacity |
|
| | HB5805 | - 189 - | LRB100 16869 SLF 32010 b |
|
|
1 | | with or without the use of an approved
electronic |
2 | | monitoring device subject to Article 8A of Chapter V of the
|
3 | | Unified Code of Corrections;
|
4 | | (14.1) The court shall impose upon a defendant who is |
5 | | charged with any
alcohol, cannabis, methamphetamine, or |
6 | | controlled substance violation and is placed under
direct |
7 | | supervision of the Pretrial Services Agency, Probation |
8 | | Department or
Court Services Department in a pretrial bond |
9 | | home supervision capacity with
the use of an approved |
10 | | monitoring device, as a condition of such bail bond,
a fee |
11 | | that represents costs incidental to the electronic |
12 | | monitoring for each
day of such bail supervision ordered by |
13 | | the
court, unless after determining the inability of the |
14 | | defendant to pay the
fee, the court assesses a lesser fee |
15 | | or no fee as the case may be. The fee
shall be collected by |
16 | | the clerk of the circuit court, except as provided in an |
17 | | administrative order of the Chief Judge of the circuit |
18 | | court. The clerk of the
circuit court shall pay all monies |
19 | | collected from this fee to the county
treasurer for deposit |
20 | | in the substance abuse services fund under Section
5-1086.1 |
21 | | of the Counties Code, except as provided in an |
22 | | administrative order of the Chief Judge of the circuit |
23 | | court. |
24 | | The Chief Judge of the circuit court of the county may |
25 | | by administrative order establish a program for electronic |
26 | | monitoring of offenders with regard to drug-related and |
|
| | HB5805 | - 190 - | LRB100 16869 SLF 32010 b |
|
|
1 | | alcohol-related offenses, in which a vendor supplies and |
2 | | monitors the operation of the electronic monitoring |
3 | | device, and collects the fees on behalf of the county. The |
4 | | program shall include provisions for indigent offenders |
5 | | and the collection of unpaid fees. The program shall not |
6 | | unduly burden the offender and shall be subject to review |
7 | | by the Chief Judge. |
8 | | The Chief Judge of the circuit court may suspend any |
9 | | additional charges or fees for late payment, interest, or |
10 | | damage to any device;
|
11 | | (14.2) The court shall impose upon all defendants, |
12 | | including those
defendants subject to paragraph (14.1) |
13 | | above, placed under direct supervision
of the Pretrial |
14 | | Services Agency, Probation Department or Court Services
|
15 | | Department in a pretrial bond home supervision capacity |
16 | | with the use of an
approved monitoring device, as a |
17 | | condition of such bail bond, a fee
which shall represent |
18 | | costs incidental to such
electronic monitoring for each day |
19 | | of such bail supervision ordered by the
court, unless after |
20 | | determining the inability of the defendant to pay the fee,
|
21 | | the court assesses a lesser fee or no fee as the case may |
22 | | be. The fee shall be
collected by the clerk of the circuit |
23 | | court, except as provided in an administrative order of the |
24 | | Chief Judge of the circuit court. The clerk of the circuit |
25 | | court
shall pay all monies collected from this fee to the |
26 | | county treasurer who shall
use the monies collected to |
|
| | HB5805 | - 191 - | LRB100 16869 SLF 32010 b |
|
|
1 | | defray the costs of corrections. The county
treasurer shall |
2 | | deposit the fee collected in the county working cash fund |
3 | | under
Section 6-27001 or Section 6-29002 of the Counties |
4 | | Code, as the case may
be, except as provided in an |
5 | | administrative order of the Chief Judge of the circuit |
6 | | court. |
7 | | The Chief Judge of the circuit court of the county may |
8 | | by administrative order establish a program for electronic |
9 | | monitoring of offenders with regard to drug-related and |
10 | | alcohol-related offenses, in which a vendor supplies and |
11 | | monitors the operation of the electronic monitoring |
12 | | device, and collects the fees on behalf of the county. The |
13 | | program shall include provisions for indigent offenders |
14 | | and the collection of unpaid fees. The program shall not |
15 | | unduly burden the offender and shall be subject to review |
16 | | by the Chief Judge. |
17 | | The Chief Judge of the circuit court may suspend any |
18 | | additional charges or fees for late payment, interest, or |
19 | | damage to any device;
|
20 | | (14.3) The Chief Judge of the Judicial Circuit may |
21 | | establish reasonable
fees to be paid by a person receiving |
22 | | pretrial services while under supervision
of a pretrial |
23 | | services agency, probation department, or court services
|
24 | | department. Reasonable fees may be charged for pretrial |
25 | | services
including, but not limited to, pretrial |
26 | | supervision, diversion programs,
electronic monitoring, |
|
| | HB5805 | - 192 - | LRB100 16869 SLF 32010 b |
|
|
1 | | victim impact services, drug and alcohol testing, DNA |
2 | | testing, GPS electronic monitoring, assessments and |
3 | | evaluations related to domestic violence and other |
4 | | victims, and
victim mediation services. The person |
5 | | receiving pretrial services may be
ordered to pay all costs |
6 | | incidental to pretrial services in accordance with his
or |
7 | | her ability to pay those costs;
|
8 | | (14.4) For persons charged with violating Section |
9 | | 11-501 of the Illinois
Vehicle Code, refrain from operating |
10 | | a motor vehicle not equipped with an
ignition interlock |
11 | | device, as defined in Section 1-129.1 of the Illinois
|
12 | | Vehicle Code,
pursuant to the rules promulgated by the |
13 | | Secretary of State for the
installation of ignition
|
14 | | interlock devices. Under this condition the court may allow |
15 | | a defendant who is
not
self-employed to operate a vehicle |
16 | | owned by the defendant's employer that is
not equipped with |
17 | | an ignition interlock device in the course and scope of the
|
18 | | defendant's employment;
|
19 | | (15) Comply with the terms and conditions of an order |
20 | | of protection
issued by the court under the Illinois |
21 | | Domestic Violence Act of 1986 or an
order of protection |
22 | | issued by the court of another state, tribe, or United
|
23 | | States territory;
|
24 | | (16) Under Section 110-6.5 comply with the conditions |
25 | | of the drug testing
program; and
|
26 | | (17) Such other reasonable conditions as the court may |
|
| | HB5805 | - 193 - | LRB100 16869 SLF 32010 b |
|
|
1 | | impose.
|
2 | | (c) When a person is charged with an offense under Section |
3 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
4 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012, involving a victim who is a
minor under |
6 | | 18 years of age living in the same household with the defendant
|
7 | | at the time of the offense, in granting bail or releasing the |
8 | | defendant on
his own recognizance, the judge shall impose |
9 | | conditions to restrict the
defendant's access to the victim |
10 | | which may include, but are not limited to
conditions that he |
11 | | will:
|
12 | | 1. Vacate the household.
|
13 | | 2. Make payment of temporary support to his dependents.
|
14 | | 3. Refrain from contact or communication with the child |
15 | | victim, except
as ordered by the court.
|
16 | | (d) When a person is charged with a criminal offense and |
17 | | the victim is
a family or household member as defined in |
18 | | Article 112A, conditions shall
be imposed at the time of the |
19 | | defendant's release on bond that restrict the
defendant's |
20 | | access to the victim.
Unless provided otherwise by the court, |
21 | | the
restrictions shall include
requirements that the defendant |
22 | | do the following:
|
23 | | (1) refrain from contact or communication with the |
24 | | victim for a
minimum period of 72 hours following the |
25 | | defendant's release; and
|
26 | | (2) refrain from entering or remaining at the victim's |
|
| | HB5805 | - 194 - | LRB100 16869 SLF 32010 b |
|
|
1 | | residence for a
minimum period of 72 hours following the |
2 | | defendant's release.
|
3 | | (e) Local law enforcement agencies shall develop |
4 | | standardized bond forms
for use in cases involving family or |
5 | | household members as defined in
Article 112A, including |
6 | | specific conditions of bond as provided in
subsection (d). |
7 | | Failure of any law enforcement department to develop or use
|
8 | | those forms shall in no way limit the applicability and |
9 | | enforcement of
subsections (d) and (f).
|
10 | | (f) If the defendant is admitted to bail after conviction |
11 | | the
conditions of the bail bond shall be that he will, in |
12 | | addition to the
conditions set forth in subsections (a) and (b) |
13 | | hereof:
|
14 | | (1) Duly prosecute his appeal;
|
15 | | (2) Appear at such time and place as the court may |
16 | | direct;
|
17 | | (3) Not depart this State without leave of the court;
|
18 | | (4) Comply with such other reasonable conditions as the |
19 | | court may
impose; and
|
20 | | (5) If the judgment is affirmed or the cause reversed |
21 | | and remanded
for a new trial, forthwith surrender to the |
22 | | officer from whose custody
he was bailed.
|
23 | | (g) Upon a finding of guilty for any felony offense, the |
24 | | defendant shall
physically surrender, at a time and place |
25 | | designated by the court,
any and all firearms in his or her |
26 | | possession and his or her Firearm Owner's
Identification Card |
|
| | HB5805 | - 195 - | LRB100 16869 SLF 32010 b |
|
|
1 | | as a condition of remaining on bond pending sentencing.
|
2 | | (Source: P.A. 99-797, eff. 8-12-16.)
|
3 | | (725 ILCS 5/112A-11.1) |
4 | | Sec. 112A-11.1. Procedure for determining whether certain |
5 | | misdemeanor crimes
are crimes of domestic violence for purposes |
6 | | of federal
law. |
7 | | (a) When a defendant has been charged with a violation of |
8 | | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the |
9 | | Criminal Code of 1961 or the Criminal Code of 2012, the State |
10 | | may, at arraignment or no later than 45 days after arraignment, |
11 | | for the purpose of notification to the Department of State |
12 | | Police Firearm Owner's Identification Card Office , serve on the |
13 | | defendant and file with the court a notice alleging that |
14 | | conviction of the offense would subject the defendant to the |
15 | | prohibitions of 18 U.S.C. 922(g)(9) because of the relationship |
16 | | between the defendant and the alleged victim and the nature of |
17 | | the alleged offense. |
18 | | (b) The notice shall include the name of the person alleged |
19 | | to be the victim of the crime and shall specify the nature of |
20 | | the alleged relationship as set forth in 18 U.S.C. |
21 | | 921(a)(33)(A)(ii). It shall also specify the element of the |
22 | | charged offense which requires the use or attempted use of |
23 | | physical force, or the threatened use of a deadly weapon, as |
24 | | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include |
25 | | notice that the defendant is entitled to a hearing on the |
|
| | HB5805 | - 196 - | LRB100 16869 SLF 32010 b |
|
|
1 | | allegation contained in the notice and that if the allegation |
2 | | is sustained, that determination and conviction shall be |
3 | | reported to the Department of State Police Firearm Owner's |
4 | | Identification Card Office . |
5 | | (c) After having been notified as provided in subsection |
6 | | (b) of this Section, the defendant may stipulate or admit, |
7 | | orally on the record or in writing, that conviction of the |
8 | | offense would subject the defendant to the prohibitions of 18 |
9 | | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. |
10 | | 922(g)(9) shall be deemed established for purposes of Section |
11 | | 112A-11.2. If the defendant denies the applicability of 18 |
12 | | U.S.C. 922(g)(9) as alleged in the notice served by the State, |
13 | | or stands mute with respect to that allegation, then the State |
14 | | shall bear the burden to prove beyond a reasonable doubt that |
15 | | the offense is one to which the prohibitions of 18 U.S.C. |
16 | | 922(g)(9) apply. The court may consider reliable hearsay |
17 | | evidence submitted by either party provided that it is relevant |
18 | | to the determination of the allegation. Facts previously proven |
19 | | at trial or elicited at the time of entry of a plea of guilty |
20 | | shall be deemed established beyond a reasonable doubt and shall |
21 | | not be relitigated. At the conclusion of the hearing, or upon a |
22 | | stipulation or admission, as applicable, the court shall make a |
23 | | specific written determination with respect to the allegation.
|
24 | | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
25 | | (725 ILCS 5/112A-11.2) |
|
| | HB5805 | - 197 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Sec. 112A-11.2. Notification to the Department of State |
2 | | Police Firearm Owner's Identification Card Office of
|
3 | | determinations in certain misdemeanor cases. Upon judgment of |
4 | | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, |
5 | | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal |
6 | | Code of 2012 when the defendant has been determined, under |
7 | | Section 112A-11.1, to be subject to the prohibitions of 18 |
8 | | U.S.C. 922(g)(9), the circuit court clerk shall include |
9 | | notification and a copy of the written determination in a |
10 | | report of the conviction to the Department of State Police |
11 | | Firearm Owner's Identification Card Office to enable the office |
12 | | to report that determination to the Federal Bureau of |
13 | | Investigation and assist the Bureau in identifying persons |
14 | | prohibited from purchasing and possessing a firearm pursuant to |
15 | | the provisions of 18 U.S.C. 922.
|
16 | | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
17 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
18 | | Sec. 112A-14. Order of protection; remedies.
|
19 | | (a) (Blank).
|
20 | | (b) The court may order any of the remedies listed in this |
21 | | subsection.
The remedies listed in this subsection shall be in |
22 | | addition to other civil
or criminal remedies available to |
23 | | petitioner.
|
24 | | (1) Prohibition of abuse. Prohibit respondent's |
25 | | harassment,
interference with personal liberty, |
|
| | HB5805 | - 198 - | LRB100 16869 SLF 32010 b |
|
|
1 | | intimidation of a dependent, physical
abuse or willful |
2 | | deprivation, as defined in this Article, if such abuse has
|
3 | | occurred or otherwise appears likely to occur if not |
4 | | prohibited.
|
5 | | (2) Grant of exclusive possession of residence. |
6 | | Prohibit respondent
from entering or remaining in any |
7 | | residence, household, or premises of the petitioner,
|
8 | | including one owned or leased by respondent, if petitioner |
9 | | has a right
to occupancy thereof. The grant of exclusive |
10 | | possession of the residence, household, or premises
shall |
11 | | not affect title to real property, nor shall the court be |
12 | | limited by
the standard set forth in Section 701 of the |
13 | | Illinois Marriage and
Dissolution of Marriage Act.
|
14 | | (A) Right to occupancy. A party has a right to |
15 | | occupancy of a
residence or household if it is
solely |
16 | | or jointly owned or leased by that party, that party's |
17 | | spouse, a
person with a legal duty to support that |
18 | | party or a minor child in that
party's care, or by any |
19 | | person or entity other than the opposing party that
|
20 | | authorizes that party's occupancy (e.g., a domestic |
21 | | violence shelter).
Standards set forth in subparagraph |
22 | | (B) shall not preclude equitable relief.
|
23 | | (B) Presumption of hardships. If petitioner and |
24 | | respondent
each has the right to occupancy of a |
25 | | residence or household, the court
shall balance (i) the |
26 | | hardships to respondent and any minor child or
|
|
| | HB5805 | - 199 - | LRB100 16869 SLF 32010 b |
|
|
1 | | dependent adult in respondent's care resulting from |
2 | | entry of this remedy with (ii)
the hardships to |
3 | | petitioner and any minor child or dependent adult in
|
4 | | petitioner's care resulting from continued exposure to |
5 | | the risk of abuse (should
petitioner remain at the |
6 | | residence or household) or from loss of possession
of |
7 | | the residence or household (should petitioner leave to |
8 | | avoid the risk
of abuse). When determining the balance |
9 | | of hardships, the court shall also
take into account |
10 | | the accessibility of the residence or household.
|
11 | | Hardships need not be balanced if respondent does not |
12 | | have a right to occupancy.
|
13 | | The balance of hardships is presumed to favor |
14 | | possession by
petitioner unless the presumption is |
15 | | rebutted by a preponderance of the
evidence, showing |
16 | | that the hardships to respondent substantially |
17 | | outweigh
the hardships to petitioner and any minor |
18 | | child or dependent adult in petitioner's
care. The |
19 | | court, on the request of petitioner or on its own |
20 | | motion,
may order respondent to provide suitable, |
21 | | accessible, alternate housing
for petitioner instead |
22 | | of
excluding respondent from a mutual residence or |
23 | | household.
|
24 | | (3) Stay away order and additional prohibitions.
Order |
25 | | respondent to stay away from petitioner or any other person
|
26 | | protected by the order of protection, or prohibit |
|
| | HB5805 | - 200 - | LRB100 16869 SLF 32010 b |
|
|
1 | | respondent from entering
or remaining present at |
2 | | petitioner's school, place of employment, or other
|
3 | | specified places at times when petitioner is present, or |
4 | | both, if
reasonable, given
the balance of hardships. |
5 | | Hardships need not be balanced for the court
to enter a |
6 | | stay away order or prohibit entry
if respondent has no |
7 | | right to enter the premises.
|
8 | | (A) If an order of protection grants petitioner |
9 | | exclusive possession
of the residence, or prohibits |
10 | | respondent from entering the residence,
or orders |
11 | | respondent to stay away from petitioner or other
|
12 | | protected persons, then the court may allow respondent |
13 | | access to the
residence to remove items of clothing and |
14 | | personal adornment
used exclusively by respondent, |
15 | | medications, and other items as the court directs.
The |
16 | | right to access shall be exercised on only one occasion |
17 | | as the court directs
and in the presence of an |
18 | | agreed-upon adult third party or law enforcement |
19 | | officer.
|
20 | | (B) When the petitioner and the respondent attend |
21 | | the same public, private, or non-public elementary, |
22 | | middle, or high school, the court when issuing an order |
23 | | of protection and providing relief shall consider the |
24 | | severity of the act, any continuing physical danger or |
25 | | emotional distress to the petitioner, the educational |
26 | | rights guaranteed to the petitioner and respondent |
|
| | HB5805 | - 201 - | LRB100 16869 SLF 32010 b |
|
|
1 | | under federal and State law, the availability of a |
2 | | transfer of the respondent to another school, a change |
3 | | of placement or a change of program of the respondent, |
4 | | the expense, difficulty, and educational disruption |
5 | | that would be caused by a transfer of the respondent to |
6 | | another school, and any other relevant facts of the |
7 | | case. The court may order that the respondent not |
8 | | attend the public, private, or non-public elementary, |
9 | | middle, or high school attended by the petitioner, |
10 | | order that the respondent accept a change of placement |
11 | | or change of program, as determined by the school |
12 | | district or private or non-public school, or place |
13 | | restrictions on the respondent's movements within the |
14 | | school attended by the petitioner. The respondent |
15 | | bears the burden of proving by a preponderance of the |
16 | | evidence that a transfer, change of placement, or |
17 | | change of program of the respondent is not available. |
18 | | The respondent also bears the burden of production with |
19 | | respect to the expense, difficulty, and educational |
20 | | disruption that would be caused by a transfer of the |
21 | | respondent to another school. A transfer, change of |
22 | | placement, or change of program is not unavailable to |
23 | | the respondent solely on the ground that the respondent |
24 | | does not agree with the school district's or private or |
25 | | non-public school's transfer, change of placement, or |
26 | | change of program or solely on the ground that the |
|
| | HB5805 | - 202 - | LRB100 16869 SLF 32010 b |
|
|
1 | | respondent fails or refuses to consent or otherwise |
2 | | does not take an action required to effectuate a |
3 | | transfer, change of placement, or change of program. |
4 | | When a court orders a respondent to stay away from the |
5 | | public, private, or non-public school attended by the |
6 | | petitioner and the respondent requests a transfer to |
7 | | another attendance center within the respondent's |
8 | | school district or private or non-public school, the |
9 | | school district or private or non-public school shall |
10 | | have sole discretion to determine the attendance |
11 | | center to which the respondent is transferred. If the |
12 | | court order results in a transfer of the minor |
13 | | respondent to another attendance center, a change in |
14 | | the respondent's placement, or a change of the |
15 | | respondent's program, the parents, guardian, or legal |
16 | | custodian of the respondent is responsible for |
17 | | transportation and other costs associated with the |
18 | | transfer or change. |
19 | | (C) The court may order the parents, guardian, or |
20 | | legal custodian of a minor respondent to take certain |
21 | | actions or to refrain from taking certain actions to |
22 | | ensure that the respondent complies with the order. If |
23 | | the court orders a transfer of the respondent to |
24 | | another school, the parents, guardian, or legal |
25 | | custodian of the respondent is responsible for |
26 | | transportation and other costs associated with the |
|
| | HB5805 | - 203 - | LRB100 16869 SLF 32010 b |
|
|
1 | | change of school by the respondent. |
2 | | (4) Counseling. Require or recommend the respondent to |
3 | | undergo
counseling for a specified duration with a social |
4 | | worker, psychologist,
clinical psychologist, psychiatrist, |
5 | | family service agency, alcohol or
substance abuse program, |
6 | | mental health center guidance counselor, agency
providing |
7 | | services to elders, program designed for domestic violence
|
8 | | abusers or any other guidance service the court deems |
9 | | appropriate. The court may order the respondent in any |
10 | | intimate partner relationship to report to an Illinois |
11 | | Department of Human Services protocol approved partner |
12 | | abuse intervention program for an assessment and to follow |
13 | | all recommended treatment.
|
14 | | (5) Physical care and possession of the minor child. In |
15 | | order to protect
the minor child from abuse, neglect, or |
16 | | unwarranted separation from the person
who has been the |
17 | | minor child's primary caretaker, or to otherwise protect |
18 | | the
well-being of the minor child, the court may do either |
19 | | or both of the following:
(i) grant petitioner physical |
20 | | care or possession of the minor child, or both, or
(ii) |
21 | | order respondent to return a minor child to, or not remove |
22 | | a minor child
from, the physical care of a parent or person |
23 | | in loco parentis.
|
24 | | If the respondent is charged with abuse
(as defined in |
25 | | Section 112A-3) of a minor child, there shall be a
|
26 | | rebuttable presumption that awarding physical care to |
|
| | HB5805 | - 204 - | LRB100 16869 SLF 32010 b |
|
|
1 | | respondent would not
be in the minor child's best interest.
|
2 | | (6) Temporary legal custody.
Award temporary legal |
3 | | custody to petitioner in accordance with this Section,
the |
4 | | Illinois Marriage
and Dissolution of Marriage Act, the |
5 | | Illinois Parentage Act of 2015,
and this State's Uniform |
6 | | Child-Custody
Jurisdiction and Enforcement Act.
|
7 | | If the respondent
is charged with abuse (as defined in |
8 | | Section 112A-3) of a
minor child, there shall be a |
9 | | rebuttable presumption that awarding
temporary legal |
10 | | custody to respondent would not be in the
child's best |
11 | | interest.
|
12 | | (7) Visitation. Determine the
visitation rights, if |
13 | | any, of respondent in any case in which the court
awards |
14 | | physical care or temporary legal custody of a minor child |
15 | | to
petitioner. The court shall restrict or deny |
16 | | respondent's visitation with
a minor child if
the court |
17 | | finds that respondent has done or is likely to do any of |
18 | | the
following: (i) abuse or endanger the minor child during |
19 | | visitation; (ii) use the
visitation as an opportunity to |
20 | | abuse or harass petitioner or
petitioner's family or |
21 | | household members; (iii) improperly conceal or
detain the |
22 | | minor child; or (iv) otherwise act in a manner that is not |
23 | | in
the best interests of the minor child. The court shall |
24 | | not be limited by the
standards set forth in Section 607.1 |
25 | | of the Illinois Marriage and
Dissolution of Marriage Act. |
26 | | If the court grants visitation, the order
shall specify |
|
| | HB5805 | - 205 - | LRB100 16869 SLF 32010 b |
|
|
1 | | dates and times for the visitation to take place or other
|
2 | | specific parameters or conditions that are appropriate. No |
3 | | order for
visitation shall refer merely to the term |
4 | | "reasonable visitation".
|
5 | | Petitioner may deny respondent access to the minor |
6 | | child if, when
respondent arrives for visitation, |
7 | | respondent is under the influence of drugs
or alcohol and |
8 | | constitutes a threat to the safety and well-being of
|
9 | | petitioner or petitioner's minor children or is behaving in |
10 | | a violent or abusive manner.
|
11 | | If necessary to protect any member of petitioner's |
12 | | family or
household from future abuse, respondent shall be |
13 | | prohibited from coming to
petitioner's residence to meet |
14 | | the minor child for visitation, and the
parties shall |
15 | | submit to the court their recommendations for reasonable
|
16 | | alternative arrangements for visitation. A person may be |
17 | | approved to
supervise visitation only after filing an |
18 | | affidavit accepting
that responsibility and acknowledging |
19 | | accountability to the court.
|
20 | | (8) Removal or concealment of minor child.
Prohibit |
21 | | respondent from
removing a minor child from the State or |
22 | | concealing the child within the
State.
|
23 | | (9) Order to appear. Order the respondent to
appear in |
24 | | court, alone
or with a minor child, to prevent abuse, |
25 | | neglect, removal or concealment of
the child, to return the |
26 | | child to the custody or care of the petitioner or
to permit |
|
| | HB5805 | - 206 - | LRB100 16869 SLF 32010 b |
|
|
1 | | any court-ordered interview or examination of the child or |
2 | | the
respondent.
|
3 | | (10) Possession of personal property. Grant petitioner |
4 | | exclusive
possession of personal property and, if |
5 | | respondent has possession or
control, direct respondent to |
6 | | promptly make it available to petitioner, if:
|
7 | | (i) petitioner, but not respondent, owns the |
8 | | property; or
|
9 | | (ii) the parties own the property jointly; sharing |
10 | | it would risk
abuse of petitioner by respondent or is |
11 | | impracticable; and the balance of
hardships favors |
12 | | temporary possession by petitioner.
|
13 | | If petitioner's sole claim to ownership of the property |
14 | | is that it is
marital property, the court may award |
15 | | petitioner temporary possession
thereof under the |
16 | | standards of subparagraph (ii) of this paragraph only if
a |
17 | | proper proceeding has been filed under the Illinois |
18 | | Marriage and
Dissolution of Marriage Act, as now or |
19 | | hereafter amended.
|
20 | | No order under this provision shall affect title to |
21 | | property.
|
22 | | (11) Protection of property. Forbid the respondent |
23 | | from taking,
transferring, encumbering, concealing, |
24 | | damaging or otherwise disposing of
any real or personal |
25 | | property, except as explicitly authorized by the
court, if:
|
26 | | (i) petitioner, but not respondent, owns the |
|
| | HB5805 | - 207 - | LRB100 16869 SLF 32010 b |
|
|
1 | | property; or
|
2 | | (ii) the parties own the property jointly,
and the |
3 | | balance of hardships favors granting this remedy.
|
4 | | If petitioner's sole claim to ownership of the property |
5 | | is that it is
marital property, the court may grant |
6 | | petitioner relief under subparagraph
(ii) of this |
7 | | paragraph only if a proper proceeding has been filed under |
8 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
9 | | now or hereafter amended.
|
10 | | The court may further prohibit respondent from |
11 | | improperly using the
financial or other resources of an |
12 | | aged member of the family or household
for the profit or |
13 | | advantage of respondent or of any other person.
|
14 | | (11.5) Protection of animals. Grant the petitioner the |
15 | | exclusive care, custody, or control of any animal owned, |
16 | | possessed, leased, kept, or held by either the petitioner |
17 | | or the respondent or a minor child residing in the |
18 | | residence or household of either the petitioner or the |
19 | | respondent and order the respondent to stay away from the |
20 | | animal and forbid the respondent from taking, |
21 | | transferring, encumbering, concealing, harming, or |
22 | | otherwise disposing of the animal.
|
23 | | (12) Order for payment of support. Order
respondent to |
24 | | pay temporary
support for the petitioner or any child in |
25 | | the petitioner's care or
custody, when the respondent has a |
26 | | legal obligation to support that person,
in accordance with |
|
| | HB5805 | - 208 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the Illinois Marriage and Dissolution
of Marriage Act, |
2 | | which shall govern, among other matters, the amount of
|
3 | | support, payment through the clerk and withholding of |
4 | | income to secure
payment. An order for child support may be |
5 | | granted to a petitioner with
lawful physical care or |
6 | | custody of a child, or an order or agreement for
physical |
7 | | care or custody, prior to entry of an order for legal |
8 | | custody.
Such a support order shall expire upon entry of a |
9 | | valid order granting
legal custody to another, unless |
10 | | otherwise provided in the custody order.
|
11 | | (13) Order for payment of losses. Order
respondent to |
12 | | pay petitioner
for losses suffered as a direct result of |
13 | | the abuse. Such losses shall
include, but not be limited |
14 | | to, medical expenses, lost earnings or other
support, |
15 | | repair or replacement of property damaged or taken, |
16 | | reasonable
attorney's fees, court costs and moving or other |
17 | | travel expenses, including
additional reasonable expenses |
18 | | for temporary shelter and restaurant meals.
|
19 | | (i) Losses affecting family needs. If a party is |
20 | | entitled to seek
maintenance, child support or |
21 | | property distribution from the other party
under the |
22 | | Illinois Marriage and Dissolution of Marriage Act, as |
23 | | now or
hereafter amended, the court may order |
24 | | respondent to reimburse petitioner's
actual losses, to |
25 | | the extent that such reimbursement would be |
26 | | "appropriate
temporary relief", as authorized by |
|
| | HB5805 | - 209 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (a)(3) of
Section 501 of that Act.
|
2 | | (ii) Recovery of expenses. In the case of an |
3 | | improper concealment
or removal of a minor child, the |
4 | | court may order respondent to pay the reasonable
|
5 | | expenses incurred or to be incurred in the search for |
6 | | and recovery of the
minor child, including , but not |
7 | | limited to , legal fees, court costs, private
|
8 | | investigator fees, and travel costs.
|
9 | | (14) Prohibition of entry. Prohibit the respondent |
10 | | from entering or
remaining in the residence or household |
11 | | while the respondent is under the
influence of alcohol or |
12 | | drugs and constitutes a threat to the safety and
well-being |
13 | | of the petitioner or the petitioner's children.
|
14 | | (14.5) Prohibition of firearm possession. |
15 | | (A) A person who is subject to an existing order of |
16 | | protection , issued under this Code may not lawfully |
17 | | possess firearms, stun guns, or tasers weapons under |
18 | | Section 8.2 of the Firearm Owners Identification Card |
19 | | Act . |
20 | | (B) Any firearms in the
possession of the |
21 | | respondent, except as provided in subparagraph (C) of |
22 | | this paragraph (14.5), shall be ordered by the court to |
23 | | be turned
over to a person who is not prohibited under |
24 | | State or federal law from possessing firearms with a |
25 | | valid Firearm Owner's Identification Card for |
26 | | safekeeping. The court shall issue an order that the |
|
| | HB5805 | - 210 - | LRB100 16869 SLF 32010 b |
|
|
1 | | respondent's Firearm Owner's Identification Card be |
2 | | turned over to the local law enforcement agency, which |
3 | | in turn shall immediately mail the card to the |
4 | | Department of State Police Firearm Owner's |
5 | | Identification Card Office for safekeeping .
The period |
6 | | of safekeeping shall be for the duration of the order |
7 | | of protection. The firearm or firearms and Firearm |
8 | | Owner's Identification Card, if unexpired, shall at |
9 | | the respondent's request be returned to the respondent |
10 | | at expiration of the order of protection.
|
11 | | (C) If the respondent is a peace officer as defined |
12 | | in Section 2-13 of
the
Criminal Code of 2012, the court |
13 | | shall order that any firearms used by the
respondent in |
14 | | the performance of his or her duties as a
peace officer |
15 | | be surrendered to
the chief law enforcement executive |
16 | | of the agency in which the respondent is
employed, who |
17 | | shall retain the firearms for safekeeping for the |
18 | | duration of the order of protection.
|
19 | | (D) Upon expiration of the period of safekeeping, |
20 | | if the firearms or Firearm Owner's Identification Card |
21 | | cannot be returned to respondent because respondent |
22 | | cannot be located, fails to respond to requests to |
23 | | retrieve the firearms, or is not lawfully eligible to |
24 | | possess a firearm, upon petition from the local law |
25 | | enforcement agency, the court may order the local law |
26 | | enforcement agency to destroy the firearms, use the |
|
| | HB5805 | - 211 - | LRB100 16869 SLF 32010 b |
|
|
1 | | firearms for training purposes, or for any other |
2 | | application as deemed appropriate by the local law |
3 | | enforcement agency; or that the firearms be turned over |
4 | | to a third party who is lawfully eligible to possess |
5 | | firearms, and who does not reside with respondent. |
6 | | (15) Prohibition of access to records. If an order of |
7 | | protection
prohibits respondent from having contact with |
8 | | the minor child,
or if petitioner's address is omitted |
9 | | under subsection (b) of
Section 112A-5, or if necessary to |
10 | | prevent abuse or wrongful removal or
concealment of a minor |
11 | | child, the order shall deny respondent access to, and
|
12 | | prohibit respondent from inspecting, obtaining, or |
13 | | attempting to
inspect or obtain, school or any other |
14 | | records of the minor child
who is in the care of |
15 | | petitioner.
|
16 | | (16) Order for payment of shelter services. Order |
17 | | respondent to
reimburse a shelter providing temporary |
18 | | housing and counseling services to
the petitioner for the |
19 | | cost of the services, as certified by the shelter
and |
20 | | deemed reasonable by the court.
|
21 | | (17) Order for injunctive relief. Enter injunctive |
22 | | relief necessary
or appropriate to prevent further abuse of |
23 | | a family or household member or
to effectuate one of the |
24 | | granted remedies, if supported by the balance of
hardships. |
25 | | If the harm to be prevented by the injunction is abuse or |
26 | | any
other harm that one of the remedies listed in |
|
| | HB5805 | - 212 - | LRB100 16869 SLF 32010 b |
|
|
1 | | paragraphs (1) through (16)
of this subsection is designed |
2 | | to prevent, no further evidence is necessary
to establish |
3 | | that the harm is an irreparable injury.
|
4 | | (18) Telephone services. |
5 | | (A) Unless a condition described in subparagraph |
6 | | (B) of this paragraph exists, the court may, upon |
7 | | request by the petitioner, order a wireless telephone |
8 | | service provider to transfer to the petitioner the |
9 | | right to continue to use a telephone number or numbers |
10 | | indicated by the petitioner and the financial |
11 | | responsibility associated with the number or numbers, |
12 | | as set forth in subparagraph (C) of this paragraph. For |
13 | | purposes of this paragraph (18), the term "wireless |
14 | | telephone service provider" means a provider of |
15 | | commercial mobile service as defined in 47 U.S.C. 332. |
16 | | The petitioner may request the transfer of each |
17 | | telephone number that the petitioner, or a minor child |
18 | | in his or her custody, uses. The clerk of the court |
19 | | shall serve the order on the wireless telephone service |
20 | | provider's agent for service of process provided to the |
21 | | Illinois Commerce Commission. The order shall contain |
22 | | all of the following: |
23 | | (i) The name and billing telephone number of |
24 | | the account holder including the name of the |
25 | | wireless telephone service provider that serves |
26 | | the account. |
|
| | HB5805 | - 213 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (ii) Each telephone number that will be |
2 | | transferred. |
3 | | (iii) A statement that the provider transfers |
4 | | to the petitioner all financial responsibility for |
5 | | and right to the use of any telephone number |
6 | | transferred under this paragraph. |
7 | | (B) A wireless telephone service provider shall |
8 | | terminate the respondent's use of, and shall transfer |
9 | | to the petitioner use of, the telephone number or |
10 | | numbers indicated in subparagraph (A) of this |
11 | | paragraph unless it notifies the petitioner, within 72 |
12 | | hours after it receives the order, that one of the |
13 | | following applies: |
14 | | (i) The account holder named in the order has |
15 | | terminated the account. |
16 | | (ii) A difference in network technology would |
17 | | prevent or impair the functionality of a device on |
18 | | a network if the transfer occurs. |
19 | | (iii) The transfer would cause a geographic or |
20 | | other limitation on network or service provision |
21 | | to the petitioner. |
22 | | (iv) Another technological or operational |
23 | | issue would prevent or impair the use of the |
24 | | telephone number if the transfer occurs. |
25 | | (C) The petitioner assumes all financial |
26 | | responsibility for and right to the use of any |
|
| | HB5805 | - 214 - | LRB100 16869 SLF 32010 b |
|
|
1 | | telephone number transferred under this paragraph. In |
2 | | this paragraph, "financial responsibility" includes |
3 | | monthly service costs and costs associated with any |
4 | | mobile device associated with the number. |
5 | | (D) A wireless telephone service provider may |
6 | | apply to the petitioner its routine and customary |
7 | | requirements for establishing an account or |
8 | | transferring a number, including requiring the |
9 | | petitioner to provide proof of identification, |
10 | | financial information, and customer preferences.
|
11 | | (E) Except for willful or wanton misconduct, a |
12 | | wireless telephone service provider is immune from |
13 | | civil liability for its actions taken in compliance |
14 | | with a court order issued under this paragraph. |
15 | | (F) All wireless service providers that provide |
16 | | services to residential customers shall provide to the |
17 | | Illinois Commerce Commission the name and address of an |
18 | | agent for service of orders entered under this |
19 | | paragraph (18). Any change in status of the registered |
20 | | agent must be reported to the Illinois Commerce |
21 | | Commission within 30 days of such change. |
22 | | (G) The Illinois Commerce Commission shall |
23 | | maintain the list of registered agents for service for |
24 | | each wireless telephone service provider on the |
25 | | Commission's website. The Commission may consult with |
26 | | wireless telephone service providers and the Circuit |
|
| | HB5805 | - 215 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Court Clerks on the manner in which this information is |
2 | | provided and displayed. |
3 | | (c) Relevant factors; findings.
|
4 | | (1) In determining whether to grant a
specific remedy, |
5 | | other than payment of support, the
court shall consider |
6 | | relevant factors, including , but not limited to , the
|
7 | | following:
|
8 | | (i) the nature, frequency, severity, pattern and |
9 | | consequences of the
respondent's past abuse of the |
10 | | petitioner or any family or household
member, |
11 | | including the concealment of his or her location in |
12 | | order to evade
service of process or notice, and the |
13 | | likelihood of danger of future abuse to
petitioner or
|
14 | | any member of petitioner's or respondent's family or |
15 | | household; and
|
16 | | (ii) the danger that any minor child will be abused |
17 | | or neglected or
improperly removed from the |
18 | | jurisdiction, improperly concealed within the
State or |
19 | | improperly separated from the child's primary |
20 | | caretaker.
|
21 | | (2) In comparing relative hardships resulting to the |
22 | | parties from loss
of possession of the family home, the |
23 | | court shall consider relevant
factors, including , but not |
24 | | limited to , the following:
|
25 | | (i) availability, accessibility, cost, safety, |
26 | | adequacy, location and other
characteristics of |
|
| | HB5805 | - 216 - | LRB100 16869 SLF 32010 b |
|
|
1 | | alternate housing for each party and any minor child or
|
2 | | dependent adult in the party's care;
|
3 | | (ii) the effect on the party's employment; and
|
4 | | (iii) the effect on the relationship of the party, |
5 | | and any minor
child or dependent adult in the party's |
6 | | care, to family, school, church
and community.
|
7 | | (3) Subject to the exceptions set forth in paragraph |
8 | | (4) of this
subsection, the court shall make its findings |
9 | | in an official record or in
writing, and shall at a minimum |
10 | | set forth the following:
|
11 | | (i) That the court has considered the applicable |
12 | | relevant factors
described in paragraphs (1) and (2) of |
13 | | this subsection.
|
14 | | (ii) Whether the conduct or actions of respondent, |
15 | | unless
prohibited, will likely cause irreparable harm |
16 | | or continued abuse.
|
17 | | (iii) Whether it is necessary to grant the |
18 | | requested relief in order
to protect petitioner or |
19 | | other alleged abused persons.
|
20 | | (4) (Blank).
|
21 | | (5) Never married parties. No rights or |
22 | | responsibilities for a minor
child born outside of marriage |
23 | | attach to a putative father until a father and
child |
24 | | relationship has been established under the Illinois |
25 | | Parentage Act of
1984 or under the Illinois Parentage Act |
26 | | of 2015 on and after the effective date of that Act. Absent |
|
| | HB5805 | - 217 - | LRB100 16869 SLF 32010 b |
|
|
1 | | such an adjudication, no putative father shall be granted
|
2 | | temporary custody of the minor child, visitation with the |
3 | | minor child, or
physical care
and possession of the minor |
4 | | child, nor shall
an order of payment for support of the |
5 | | minor child be entered.
|
6 | | (d) Balance of hardships; findings. If the court finds that |
7 | | the balance
of hardships does not support the granting of a |
8 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
9 | | subsection (b) of this Section,
which may require such |
10 | | balancing, the court's findings shall so
indicate and shall |
11 | | include a finding as to whether granting the remedy will
result |
12 | | in hardship to respondent that would substantially outweigh the |
13 | | hardship
to petitioner
from denial of the remedy. The findings |
14 | | shall be an official record or in
writing.
|
15 | | (e) Denial of remedies. Denial of any remedy shall not be |
16 | | based, in
whole or in part, on evidence that:
|
17 | | (1) Respondent has cause for any use of force, unless |
18 | | that cause
satisfies the standards for justifiable use of |
19 | | force provided by Article
7 of the Criminal Code of 2012;
|
20 | | (2) Respondent was voluntarily intoxicated;
|
21 | | (3) Petitioner acted in self-defense or defense of |
22 | | another, provided
that, if petitioner utilized force, such |
23 | | force was justifiable under
Article 7 of the Criminal Code |
24 | | of 2012;
|
25 | | (4) Petitioner did not act in self-defense or defense |
26 | | of another;
|
|
| | HB5805 | - 218 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (5) Petitioner left the residence or household to avoid |
2 | | further abuse
by respondent;
|
3 | | (6) Petitioner did not leave the residence or household |
4 | | to avoid further
abuse by respondent;
|
5 | | (7) Conduct by any family or household member excused |
6 | | the abuse by
respondent, unless that same conduct would |
7 | | have excused such abuse if the
parties had not been family |
8 | | or household members.
|
9 | | (Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; |
10 | | 100-388, eff. 1-1-18; revised 10-10-17.)
|
11 | | Section 95. The Unified Code of Corrections is amended by |
12 | | changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
|
13 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
14 | | Sec. 5-5-3. Disposition.
|
15 | | (a) (Blank).
|
16 | | (b) (Blank).
|
17 | | (c) (1) (Blank).
|
18 | | (2) A period of probation, a term of periodic imprisonment |
19 | | or
conditional discharge shall not be imposed for the following |
20 | | offenses.
The court shall sentence the offender to not less |
21 | | than the minimum term
of imprisonment set forth in this Code |
22 | | for the following offenses, and
may order a fine or restitution |
23 | | or both in conjunction with such term of
imprisonment:
|
24 | | (A) First degree murder where the death penalty is not |
|
| | HB5805 | - 219 - | LRB100 16869 SLF 32010 b |
|
|
1 | | imposed.
|
2 | | (B) Attempted first degree murder.
|
3 | | (C) A Class X felony.
|
4 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
5 | | Controlled Substances Act, or a violation of subdivision |
6 | | (c)(1.5) of
Section 401 of that Act which relates to more |
7 | | than 5 grams of a substance
containing fentanyl or an |
8 | | analog thereof.
|
9 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
10 | | of the Illinois Controlled Substances Act which relates to |
11 | | 3 or more grams of a substance
containing heroin or an |
12 | | analog thereof. |
13 | | (E) (Blank).
|
14 | | (F) A Class 1 or greater felony if the offender had |
15 | | been convicted
of a Class 1 or greater felony, including |
16 | | any state or federal conviction for an offense that |
17 | | contained, at the time it was committed, the same elements |
18 | | as an offense now (the date of the offense committed after |
19 | | the prior Class 1 or greater felony) classified as a Class |
20 | | 1 or greater felony, within 10 years of the date on which |
21 | | the
offender
committed the offense for which he or she is |
22 | | being sentenced, except as
otherwise provided in Section |
23 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
24 | | Act.
|
25 | | (F-3) A Class 2 or greater felony sex offense or felony |
26 | | firearm offense if the offender had been convicted of a |
|
| | HB5805 | - 220 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Class 2 or greater felony, including any state or federal |
2 | | conviction for an offense that contained, at the time it |
3 | | was committed, the same elements as an offense now (the |
4 | | date of the offense committed after the prior Class 2 or |
5 | | greater felony) classified as a Class 2 or greater felony, |
6 | | within 10 years of the date on which the offender committed |
7 | | the offense for which he or she is being sentenced, except |
8 | | as otherwise provided in Section 40-10 of the Alcoholism |
9 | | and Other Drug Abuse and Dependency Act. |
10 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
11 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
12 | | which imprisonment is prescribed in those Sections. |
13 | | (G) Residential burglary, except as otherwise provided |
14 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
15 | | Dependency Act.
|
16 | | (H) Criminal sexual assault.
|
17 | | (I) Aggravated battery of a senior citizen as described |
18 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
19 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
20 | | (J) A forcible felony if the offense was related to the |
21 | | activities of an
organized gang.
|
22 | | Before July 1, 1994, for the purposes of this |
23 | | paragraph, "organized
gang" means an association of 5 or |
24 | | more persons, with an established hierarchy,
that |
25 | | encourages members of the association to perpetrate crimes |
26 | | or provides
support to the members of the association who |
|
| | HB5805 | - 221 - | LRB100 16869 SLF 32010 b |
|
|
1 | | do commit crimes.
|
2 | | Beginning July 1, 1994, for the purposes of this |
3 | | paragraph,
"organized gang" has the meaning ascribed to it |
4 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
5 | | Prevention Act.
|
6 | | (K) Vehicular hijacking.
|
7 | | (L) A second or subsequent conviction for the offense |
8 | | of hate crime
when the underlying offense upon which the |
9 | | hate crime is based is felony
aggravated
assault or felony |
10 | | mob action.
|
11 | | (M) A second or subsequent conviction for the offense |
12 | | of institutional
vandalism if the damage to the property |
13 | | exceeds $300.
|
14 | | (N) (Blank). A Class 3 felony violation of paragraph |
15 | | (1) of subsection (a) of
Section 2 of the Firearm Owners |
16 | | Identification Card Act.
|
17 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
19 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
20 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
21 | | Code of 1961 or the Criminal Code of 2012.
|
22 | | (Q) A violation of subsection (b) or (b-5) of Section |
23 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
24 | | Code of
1961 or the Criminal Code of 2012.
|
25 | | (R) A violation of Section 24-3A of the Criminal Code |
26 | | of
1961 or the Criminal Code of 2012.
|
|
| | HB5805 | - 222 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (S) (Blank).
|
2 | | (T) (Blank).
|
3 | | (U) A second or subsequent violation of Section 6-303 |
4 | | of the Illinois Vehicle Code committed while his or her |
5 | | driver's license, permit, or privilege was revoked because |
6 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
7 | | or the Criminal Code of 2012, relating to the offense of |
8 | | reckless homicide, or a similar provision of a law of |
9 | | another state.
|
10 | | (V)
A violation of paragraph (4) of subsection (c) of |
11 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
12 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
13 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
14 | | Code of 2012 when the victim is under 13 years of age and |
15 | | the defendant has previously been convicted under the laws |
16 | | of this State or any other state of the offense of child |
17 | | pornography, aggravated child pornography, aggravated |
18 | | criminal sexual abuse, aggravated criminal sexual assault, |
19 | | predatory criminal sexual assault of a child, or any of the |
20 | | offenses formerly known as rape, deviate sexual assault, |
21 | | indecent liberties with a child, or aggravated indecent |
22 | | liberties with a child where the victim was under the age |
23 | | of 18 years or an offense that is substantially equivalent |
24 | | to those offenses. |
25 | | (W) A violation of Section 24-3.5 of the Criminal Code |
26 | | of 1961 or the Criminal Code of 2012.
|
|
| | HB5805 | - 223 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (X) A violation of subsection (a) of Section 31-1a of |
2 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
3 | | (Y) A conviction for unlawful possession of a firearm |
4 | | by a street gang member when the firearm was loaded or |
5 | | contained firearm ammunition. |
6 | | (Z) A Class 1 felony committed while he or she was |
7 | | serving a term of probation or conditional discharge for a |
8 | | felony. |
9 | | (AA) Theft of property exceeding $500,000 and not |
10 | | exceeding $1,000,000 in value. |
11 | | (BB) Laundering of criminally derived property of a |
12 | | value exceeding
$500,000. |
13 | | (CC) Knowingly selling, offering for sale, holding for |
14 | | sale, or using 2,000 or more counterfeit items or |
15 | | counterfeit items having a retail value in the aggregate of |
16 | | $500,000 or more. |
17 | | (DD) A conviction for aggravated assault under |
18 | | paragraph (6) of subsection (c) of Section 12-2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
20 | | firearm is aimed toward the person against whom the firearm |
21 | | is being used. |
22 | | (EE) A conviction for a violation of paragraph (2) of |
23 | | subsection (a) of Section 24-3B of the Criminal Code of |
24 | | 2012. |
25 | | (3) (Blank).
|
26 | | (4) A minimum term of imprisonment of not less than 10
|
|
| | HB5805 | - 224 - | LRB100 16869 SLF 32010 b |
|
|
1 | | consecutive days or 30 days of community service shall be |
2 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
3 | | the Illinois Vehicle Code.
|
4 | | (4.1) (Blank).
|
5 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
6 | | this subsection (c), a
minimum of
100 hours of community |
7 | | service shall be imposed for a second violation of
Section |
8 | | 6-303
of the Illinois Vehicle Code.
|
9 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
10 | | hours of community
service, as determined by the court, shall
|
11 | | be imposed for a second violation of subsection (c) of Section |
12 | | 6-303 of the
Illinois Vehicle Code.
|
13 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
14 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
15 | | 30 days or 300 hours of community service, as
determined by the |
16 | | court, shall
be imposed
for a third or subsequent violation of |
17 | | Section 6-303 of the Illinois Vehicle
Code.
|
18 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
19 | | imposed for a third violation of subsection (c) of
Section |
20 | | 6-303 of the Illinois Vehicle Code.
|
21 | | (4.6) Except as provided in paragraph (4.10) of this |
22 | | subsection (c), a minimum term of imprisonment of 180 days |
23 | | shall be imposed for a
fourth or subsequent violation of |
24 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
25 | | (4.7) A minimum term of imprisonment of not less than 30 |
26 | | consecutive days, or 300 hours of community service, shall be |
|
| | HB5805 | - 225 - | LRB100 16869 SLF 32010 b |
|
|
1 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
2 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
3 | | that Section.
|
4 | | (4.8) A mandatory prison sentence shall be imposed for a |
5 | | second violation of subsection (a-5) of Section 6-303 of the |
6 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
7 | | Section. The person's driving privileges shall be revoked for a |
8 | | period of not less than 5 years from the date of his or her |
9 | | release from prison.
|
10 | | (4.9) A mandatory prison sentence of not less than 4 and |
11 | | not more than 15 years shall be imposed for a third violation |
12 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
13 | | Code, as provided in subsection (d-2.5) of that Section. The |
14 | | person's driving privileges shall be revoked for the remainder |
15 | | of his or her life.
|
16 | | (4.10) A mandatory prison sentence for a Class 1 felony |
17 | | shall be imposed, and the person shall be eligible for an |
18 | | extended term sentence, for a fourth or subsequent violation of |
19 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
20 | | as provided in subsection (d-3.5) of that Section. The person's |
21 | | driving privileges shall be revoked for the remainder of his or |
22 | | her life.
|
23 | | (5) The court may sentence a corporation or unincorporated
|
24 | | association convicted of any offense to:
|
25 | | (A) a period of conditional discharge;
|
26 | | (B) a fine;
|
|
| | HB5805 | - 226 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (C) make restitution to the victim under Section 5-5-6 |
2 | | of this Code.
|
3 | | (5.1) In addition to any other penalties imposed, and |
4 | | except as provided in paragraph (5.2) or (5.3), a person
|
5 | | convicted of violating subsection (c) of Section 11-907 of the |
6 | | Illinois
Vehicle Code shall have his or her driver's license, |
7 | | permit, or privileges
suspended for at least 90 days but not |
8 | | more than one year, if the violation
resulted in damage to the |
9 | | property of another person.
|
10 | | (5.2) In addition to any other penalties imposed, and |
11 | | except as provided in paragraph (5.3), a person convicted
of |
12 | | violating subsection (c) of Section 11-907 of the Illinois |
13 | | Vehicle Code
shall have his or her driver's license, permit, or |
14 | | privileges suspended for at
least 180 days but not more than 2 |
15 | | years, if the violation resulted in injury
to
another person.
|
16 | | (5.3) In addition to any other penalties imposed, a person |
17 | | convicted of violating subsection (c) of Section
11-907 of the |
18 | | Illinois Vehicle Code shall have his or her driver's license,
|
19 | | permit, or privileges suspended for 2 years, if the violation |
20 | | resulted in the
death of another person.
|
21 | | (5.4) In addition to any other penalties imposed, a person |
22 | | convicted of violating Section 3-707 of the Illinois Vehicle |
23 | | Code shall have his or her driver's license, permit, or |
24 | | privileges suspended for 3 months and until he or she has paid |
25 | | a reinstatement fee of $100. |
26 | | (5.5) In addition to any other penalties imposed, a person |
|
| | HB5805 | - 227 - | LRB100 16869 SLF 32010 b |
|
|
1 | | convicted of violating Section 3-707 of the Illinois Vehicle |
2 | | Code during a period in which his or her driver's license, |
3 | | permit, or privileges were suspended for a previous violation |
4 | | of that Section shall have his or her driver's license, permit, |
5 | | or privileges suspended for an additional 6 months after the |
6 | | expiration of the original 3-month suspension and until he or |
7 | | she has paid a reinstatement fee of $100.
|
8 | | (6) (Blank).
|
9 | | (7) (Blank).
|
10 | | (8) (Blank).
|
11 | | (9) A defendant convicted of a second or subsequent offense |
12 | | of ritualized
abuse of a child may be sentenced to a term of |
13 | | natural life imprisonment.
|
14 | | (10) (Blank).
|
15 | | (11) The court shall impose a minimum fine of $1,000 for a |
16 | | first offense
and $2,000 for a second or subsequent offense |
17 | | upon a person convicted of or
placed on supervision for battery |
18 | | when the individual harmed was a sports
official or coach at |
19 | | any level of competition and the act causing harm to the
sports
|
20 | | official or coach occurred within an athletic facility or |
21 | | within the immediate vicinity
of the athletic facility at which |
22 | | the sports official or coach was an active
participant
of the |
23 | | athletic contest held at the athletic facility. For the |
24 | | purposes of
this paragraph (11), "sports official" means a |
25 | | person at an athletic contest
who enforces the rules of the |
26 | | contest, such as an umpire or referee; "athletic facility" |
|
| | HB5805 | - 228 - | LRB100 16869 SLF 32010 b |
|
|
1 | | means an indoor or outdoor playing field or recreational area |
2 | | where sports activities are conducted;
and "coach" means a |
3 | | person recognized as a coach by the sanctioning
authority that |
4 | | conducted the sporting event. |
5 | | (12) A person may not receive a disposition of court |
6 | | supervision for a
violation of Section 5-16 of the Boat |
7 | | Registration and Safety Act if that
person has previously |
8 | | received a disposition of court supervision for a
violation of |
9 | | that Section.
|
10 | | (13) A person convicted of or placed on court supervision |
11 | | for an assault or aggravated assault when the victim and the |
12 | | offender are family or household members as defined in Section |
13 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
14 | | of domestic battery or aggravated domestic battery may be |
15 | | required to attend a Partner Abuse Intervention Program under |
16 | | protocols set forth by the Illinois Department of Human |
17 | | Services under such terms and conditions imposed by the court. |
18 | | The costs of such classes shall be paid by the offender.
|
19 | | (d) In any case in which a sentence originally imposed is |
20 | | vacated,
the case shall be remanded to the trial court. The |
21 | | trial court shall
hold a hearing under Section 5-4-1 of the |
22 | | Unified Code of Corrections
which may include evidence of the |
23 | | defendant's life, moral character and
occupation during the |
24 | | time since the original sentence was passed. The
trial court |
25 | | shall then impose sentence upon the defendant. The trial
court |
26 | | may impose any sentence which could have been imposed at the
|
|
| | HB5805 | - 229 - | LRB100 16869 SLF 32010 b |
|
|
1 | | original trial subject to Section 5-5-4 of the Unified Code of |
2 | | Corrections.
If a sentence is vacated on appeal or on |
3 | | collateral attack due to the
failure of the trier of fact at |
4 | | trial to determine beyond a reasonable doubt
the
existence of a |
5 | | fact (other than a prior conviction) necessary to increase the
|
6 | | punishment for the offense beyond the statutory maximum |
7 | | otherwise applicable,
either the defendant may be re-sentenced |
8 | | to a term within the range otherwise
provided or, if the State |
9 | | files notice of its intention to again seek the
extended |
10 | | sentence, the defendant shall be afforded a new trial.
|
11 | | (e) In cases where prosecution for
aggravated criminal |
12 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
13 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
14 | | of a defendant
who was a family member of the victim at the |
15 | | time of the commission of the
offense, the court shall consider |
16 | | the safety and welfare of the victim and
may impose a sentence |
17 | | of probation only where:
|
18 | | (1) the court finds (A) or (B) or both are appropriate:
|
19 | | (A) the defendant is willing to undergo a court |
20 | | approved counseling
program for a minimum duration of 2 |
21 | | years; or
|
22 | | (B) the defendant is willing to participate in a |
23 | | court approved plan
including but not limited to the |
24 | | defendant's:
|
25 | | (i) removal from the household;
|
26 | | (ii) restricted contact with the victim;
|
|
| | HB5805 | - 230 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (iii) continued financial support of the |
2 | | family;
|
3 | | (iv) restitution for harm done to the victim; |
4 | | and
|
5 | | (v) compliance with any other measures that |
6 | | the court may
deem appropriate; and
|
7 | | (2) the court orders the defendant to pay for the |
8 | | victim's counseling
services, to the extent that the court |
9 | | finds, after considering the
defendant's income and |
10 | | assets, that the defendant is financially capable of
paying |
11 | | for such services, if the victim was under 18 years of age |
12 | | at the
time the offense was committed and requires |
13 | | counseling as a result of the
offense.
|
14 | | Probation may be revoked or modified pursuant to Section |
15 | | 5-6-4; except
where the court determines at the hearing that |
16 | | the defendant violated a
condition of his or her probation |
17 | | restricting contact with the victim or
other family members or |
18 | | commits another offense with the victim or other
family |
19 | | members, the court shall revoke the defendant's probation and
|
20 | | impose a term of imprisonment.
|
21 | | For the purposes of this Section, "family member" and |
22 | | "victim" shall have
the meanings ascribed to them in Section |
23 | | 11-0.1 of the Criminal Code of
2012.
|
24 | | (f) (Blank).
|
25 | | (g) Whenever a defendant is convicted of an offense under |
26 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
|
| | HB5805 | - 231 - | LRB100 16869 SLF 32010 b |
|
|
1 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
2 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
3 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
4 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012,
the defendant shall undergo medical |
6 | | testing to
determine whether the defendant has any sexually |
7 | | transmissible disease,
including a test for infection with |
8 | | human immunodeficiency virus (HIV) or
any other identified |
9 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
10 | | Any such medical test shall be performed only by appropriately
|
11 | | licensed medical practitioners and may include an analysis of |
12 | | any bodily
fluids as well as an examination of the defendant's |
13 | | person.
Except as otherwise provided by law, the results of |
14 | | such test shall be kept
strictly confidential by all medical |
15 | | personnel involved in the testing and must
be personally |
16 | | delivered in a sealed envelope to the judge of the court in |
17 | | which
the conviction was entered for the judge's inspection in |
18 | | camera. Acting in
accordance with the best interests of the |
19 | | victim and the public, the judge
shall have the discretion to |
20 | | determine to whom, if anyone, the results of the
testing may be |
21 | | revealed. The court shall notify the defendant
of the test |
22 | | results. The court shall
also notify the victim if requested by |
23 | | the victim, and if the victim is under
the age of 15 and if |
24 | | requested by the victim's parents or legal guardian, the
court |
25 | | shall notify the victim's parents or legal guardian of the test
|
26 | | results.
The court shall provide information on the |
|
| | HB5805 | - 232 - | LRB100 16869 SLF 32010 b |
|
|
1 | | availability of HIV testing
and counseling at Department of |
2 | | Public Health facilities to all parties to
whom the results of |
3 | | the testing are revealed and shall direct the State's
Attorney |
4 | | to provide the information to the victim when possible.
A |
5 | | State's Attorney may petition the court to obtain the results |
6 | | of any HIV test
administered under this Section, and the court |
7 | | shall grant the disclosure if
the State's Attorney shows it is |
8 | | relevant in order to prosecute a charge of
criminal |
9 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
10 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
11 | | defendant. The court shall order that the cost of any such test
|
12 | | shall be paid by the county and may be taxed as costs against |
13 | | the convicted
defendant.
|
14 | | (g-5) When an inmate is tested for an airborne communicable |
15 | | disease, as
determined by the Illinois Department of Public |
16 | | Health including but not
limited to tuberculosis, the results |
17 | | of the test shall be
personally delivered by the warden or his |
18 | | or her designee in a sealed envelope
to the judge of the court |
19 | | in which the inmate must appear for the judge's
inspection in |
20 | | camera if requested by the judge. Acting in accordance with the
|
21 | | best interests of those in the courtroom, the judge shall have |
22 | | the discretion
to determine what if any precautions need to be |
23 | | taken to prevent transmission
of the disease in the courtroom.
|
24 | | (h) Whenever a defendant is convicted of an offense under |
25 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
26 | | defendant shall undergo
medical testing to determine whether |
|
| | HB5805 | - 233 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the defendant has been exposed to human
immunodeficiency virus |
2 | | (HIV) or any other identified causative agent of
acquired |
3 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
4 | | by
law, the results of such test shall be kept strictly |
5 | | confidential by all
medical personnel involved in the testing |
6 | | and must be personally delivered in a
sealed envelope to the |
7 | | judge of the court in which the conviction was entered
for the |
8 | | judge's inspection in camera. Acting in accordance with the |
9 | | best
interests of the public, the judge shall have the |
10 | | discretion to determine to
whom, if anyone, the results of the |
11 | | testing may be revealed. The court shall
notify the defendant |
12 | | of a positive test showing an infection with the human
|
13 | | immunodeficiency virus (HIV). The court shall provide |
14 | | information on the
availability of HIV testing and counseling |
15 | | at Department of Public Health
facilities to all parties to |
16 | | whom the results of the testing are revealed and
shall direct |
17 | | the State's Attorney to provide the information to the victim |
18 | | when
possible. A State's Attorney may petition the court to |
19 | | obtain the results of
any HIV test administered under this |
20 | | Section, and the court shall grant the
disclosure if the |
21 | | State's Attorney shows it is relevant in order to prosecute a
|
22 | | charge of criminal transmission of HIV under Section 12-5.01 or |
23 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
24 | | 2012 against the defendant. The court shall order that the cost |
25 | | of any
such test shall be paid by the county and may be taxed as |
26 | | costs against the
convicted defendant.
|
|
| | HB5805 | - 234 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (i) All fines and penalties imposed under this Section for |
2 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
3 | | Vehicle Code, or a similar
provision of a local ordinance, and |
4 | | any violation
of the Child Passenger Protection Act, or a |
5 | | similar provision of a local
ordinance, shall be collected and |
6 | | disbursed by the circuit
clerk as provided under Section 27.5 |
7 | | of the Clerks of Courts Act.
|
8 | | (j) In cases when prosecution for any violation of Section |
9 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
10 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
11 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
12 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
13 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
14 | | Code of 2012, any violation of the Illinois Controlled |
15 | | Substances Act,
any violation of the Cannabis Control Act, or |
16 | | any violation of the Methamphetamine Control and Community |
17 | | Protection Act results in conviction, a
disposition of court |
18 | | supervision, or an order of probation granted under
Section 10 |
19 | | of the Cannabis Control Act, Section 410 of the Illinois
|
20 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
21 | | Control and Community Protection Act of a defendant, the court |
22 | | shall determine whether the
defendant is employed by a facility |
23 | | or center as defined under the Child Care
Act of 1969, a public |
24 | | or private elementary or secondary school, or otherwise
works |
25 | | with children under 18 years of age on a daily basis. When a |
26 | | defendant
is so employed, the court shall order the Clerk of |
|
| | HB5805 | - 235 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the Court to send a copy of
the judgment of conviction or order |
2 | | of supervision or probation to the
defendant's employer by |
3 | | certified mail.
If the employer of the defendant is a school, |
4 | | the Clerk of the Court shall
direct the mailing of a copy of |
5 | | the judgment of conviction or order of
supervision or probation |
6 | | to the appropriate regional superintendent of schools.
The |
7 | | regional superintendent of schools shall notify the State Board |
8 | | of
Education of any notification under this subsection.
|
9 | | (j-5) A defendant at least 17 years of age who is convicted |
10 | | of a felony and
who has not been previously convicted of a |
11 | | misdemeanor or felony and who is
sentenced to a term of |
12 | | imprisonment in the Illinois Department of Corrections
shall as |
13 | | a condition of his or her sentence be required by the court to |
14 | | attend
educational courses designed to prepare the defendant |
15 | | for a high school diploma
and to work toward a high school |
16 | | diploma or to work toward passing high school equivalency |
17 | | testing or to work toward
completing a vocational training |
18 | | program offered by the Department of
Corrections. If a |
19 | | defendant fails to complete the educational training
required |
20 | | by his or her sentence during the term of incarceration, the |
21 | | Prisoner
Review Board shall, as a condition of mandatory |
22 | | supervised release, require the
defendant, at his or her own |
23 | | expense, to pursue a course of study toward a high
school |
24 | | diploma or passage of high school equivalency testing. The |
25 | | Prisoner Review Board shall
revoke the mandatory supervised |
26 | | release of a defendant who wilfully fails to
comply with this |
|
| | HB5805 | - 236 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (j-5) upon his or her release from confinement in a
|
2 | | penal institution while serving a mandatory supervised release |
3 | | term; however,
the inability of the defendant after making a |
4 | | good faith effort to obtain
financial aid or pay for the |
5 | | educational training shall not be deemed a wilful
failure to |
6 | | comply. The Prisoner Review Board shall recommit the defendant
|
7 | | whose mandatory supervised release term has been revoked under |
8 | | this subsection
(j-5) as provided in Section 3-3-9. This |
9 | | subsection (j-5) does not apply to a
defendant who has a high |
10 | | school diploma or has successfully passed high school |
11 | | equivalency testing. This subsection (j-5) does not apply to a |
12 | | defendant who is determined by
the court to be a person with a |
13 | | developmental disability or otherwise mentally incapable of
|
14 | | completing the educational or vocational program.
|
15 | | (k) (Blank).
|
16 | | (l) (A) Except as provided
in paragraph (C) of subsection |
17 | | (l), whenever a defendant,
who is an alien as defined by the |
18 | | Immigration and Nationality Act, is convicted
of any felony or |
19 | | misdemeanor offense, the court after sentencing the defendant
|
20 | | may, upon motion of the State's Attorney, hold sentence in |
21 | | abeyance and remand
the defendant to the custody of the |
22 | | Attorney General of
the United States or his or her designated |
23 | | agent to be deported when:
|
24 | | (1) a final order of deportation has been issued |
25 | | against the defendant
pursuant to proceedings under the |
26 | | Immigration and Nationality Act, and
|
|
| | HB5805 | - 237 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (2) the deportation of the defendant would not |
2 | | deprecate the seriousness
of the defendant's conduct and |
3 | | would not be inconsistent with the ends of
justice.
|
4 | | Otherwise, the defendant shall be sentenced as provided in |
5 | | this Chapter V.
|
6 | | (B) If the defendant has already been sentenced for a |
7 | | felony or
misdemeanor
offense, or has been placed on probation |
8 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
9 | | the Illinois Controlled Substances Act, or Section 70 of the |
10 | | Methamphetamine Control and Community Protection Act, the |
11 | | court
may, upon motion of the State's Attorney to suspend the
|
12 | | sentence imposed, commit the defendant to the custody of the |
13 | | Attorney General
of the United States or his or her designated |
14 | | agent when:
|
15 | | (1) a final order of deportation has been issued |
16 | | against the defendant
pursuant to proceedings under the |
17 | | Immigration and Nationality Act, and
|
18 | | (2) the deportation of the defendant would not |
19 | | deprecate the seriousness
of the defendant's conduct and |
20 | | would not be inconsistent with the ends of
justice.
|
21 | | (C) This subsection (l) does not apply to offenders who are |
22 | | subject to the
provisions of paragraph (2) of subsection (a) of |
23 | | Section 3-6-3.
|
24 | | (D) Upon motion of the State's Attorney, if a defendant |
25 | | sentenced under
this Section returns to the jurisdiction of the |
26 | | United States, the defendant
shall be recommitted to the |
|
| | HB5805 | - 238 - | LRB100 16869 SLF 32010 b |
|
|
1 | | custody of the county from which he or she was
sentenced.
|
2 | | Thereafter, the defendant shall be brought before the |
3 | | sentencing court, which
may impose any sentence that was |
4 | | available under Section 5-5-3 at the time of
initial |
5 | | sentencing. In addition, the defendant shall not be eligible |
6 | | for
additional earned sentence credit as provided under
Section |
7 | | 3-6-3.
|
8 | | (m) A person convicted of criminal defacement of property |
9 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, in which the property damage exceeds |
11 | | $300
and the property damaged is a school building, shall be |
12 | | ordered to perform
community service that may include cleanup, |
13 | | removal, or painting over the
defacement.
|
14 | | (n) The court may sentence a person convicted of a |
15 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
17 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
18 | | incarceration program if the person is otherwise eligible for |
19 | | that program
under Section 5-8-1.1, (ii) to community service, |
20 | | or (iii) if the person is an
addict or alcoholic, as defined in |
21 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
22 | | substance or alcohol abuse program licensed under that
Act. |
23 | | (o) Whenever a person is convicted of a sex offense as |
24 | | defined in Section 2 of the Sex Offender Registration Act, the |
25 | | defendant's driver's license or permit shall be subject to |
26 | | renewal on an annual basis in accordance with the provisions of |
|
| | HB5805 | - 239 - | LRB100 16869 SLF 32010 b |
|
|
1 | | license renewal established by the Secretary of State.
|
2 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
3 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. |
4 | | 1-1-18 .)
|
5 | | (730 ILCS 5/5-5-3.2)
|
6 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
7 | | sentencing.
|
8 | | (a) The following factors shall be accorded weight in favor |
9 | | of
imposing a term of imprisonment or may be considered by the |
10 | | court as reasons
to impose a more severe sentence under Section |
11 | | 5-8-1 or Article 4.5 of Chapter V:
|
12 | | (1) the defendant's conduct caused or threatened |
13 | | serious harm;
|
14 | | (2) the defendant received compensation for committing |
15 | | the offense;
|
16 | | (3) the defendant has a history of prior delinquency or |
17 | | criminal activity;
|
18 | | (4) the defendant, by the duties of his office or by |
19 | | his position,
was obliged to prevent the particular offense |
20 | | committed or to bring
the offenders committing it to |
21 | | justice;
|
22 | | (5) the defendant held public office at the time of the |
23 | | offense,
and the offense related to the conduct of that |
24 | | office;
|
25 | | (6) the defendant utilized his professional reputation |
|
| | HB5805 | - 240 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or
position in the community to commit the offense, or to |
2 | | afford
him an easier means of committing it;
|
3 | | (7) the sentence is necessary to deter others from |
4 | | committing
the same crime;
|
5 | | (8) the defendant committed the offense against a |
6 | | person 60 years of age
or older or such person's property;
|
7 | | (9) the defendant committed the offense against a |
8 | | person who has a physical disability or such person's |
9 | | property;
|
10 | | (10) by reason of another individual's actual or |
11 | | perceived race, color,
creed, religion, ancestry, gender, |
12 | | sexual orientation, physical or mental
disability, or |
13 | | national origin, the defendant committed the offense |
14 | | against (i)
the person or property
of that individual; (ii) |
15 | | the person or property of a person who has an
association |
16 | | with, is married to, or has a friendship with the other |
17 | | individual;
or (iii) the person or property of a relative |
18 | | (by blood or marriage) of a
person described in clause (i) |
19 | | or (ii). For the purposes of this Section,
"sexual |
20 | | orientation" has the meaning ascribed to it in paragraph |
21 | | (O-1) of Section 1-103 of the Illinois Human Rights Act;
|
22 | | (11) the offense took place in a place of worship or on |
23 | | the
grounds of a place of worship, immediately prior to, |
24 | | during or immediately
following worship services. For |
25 | | purposes of this subparagraph, "place of
worship" shall |
26 | | mean any church, synagogue or other building, structure or
|
|
| | HB5805 | - 241 - | LRB100 16869 SLF 32010 b |
|
|
1 | | place used primarily for religious worship;
|
2 | | (12) the defendant was convicted of a felony committed |
3 | | while he was
released on bail or his own recognizance |
4 | | pending trial for a prior felony
and was convicted of such |
5 | | prior felony, or the defendant was convicted of a
felony |
6 | | committed while he was serving a period of probation,
|
7 | | conditional discharge, or mandatory supervised release |
8 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
9 | | (13) the defendant committed or attempted to commit a |
10 | | felony while he
was wearing a bulletproof vest. For the |
11 | | purposes of this paragraph (13), a
bulletproof vest is any |
12 | | device which is designed for the purpose of
protecting the |
13 | | wearer from bullets, shot or other lethal projectiles;
|
14 | | (14) the defendant held a position of trust or |
15 | | supervision such as, but
not limited to, family member as |
16 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
17 | | teacher, scout leader, baby sitter, or day care worker, in
|
18 | | relation to a victim under 18 years of age, and the |
19 | | defendant committed an
offense in violation of Section |
20 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
21 | | 11-14.4 except for an offense that involves keeping a place |
22 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
23 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
24 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
25 | | of 2012
against
that victim;
|
26 | | (15) the defendant committed an offense related to the |
|
| | HB5805 | - 242 - | LRB100 16869 SLF 32010 b |
|
|
1 | | activities of an
organized gang. For the purposes of this |
2 | | factor, "organized gang" has the
meaning ascribed to it in |
3 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
4 | | Act;
|
5 | | (16) the defendant committed an offense in violation of |
6 | | one of the
following Sections while in a school, regardless |
7 | | of the time of day or time of
year; on any conveyance |
8 | | owned, leased, or contracted by a school to transport
|
9 | | students to or from school or a school related activity; on |
10 | | the real property
of a school; or on a public way within |
11 | | 1,000 feet of the real property
comprising any school: |
12 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
13 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
|
14 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
15 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
16 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
17 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the |
18 | | Criminal Code of 2012;
|
19 | | (16.5) the defendant committed an offense in violation |
20 | | of one of the
following Sections while in a day care |
21 | | center, regardless of the time of day or
time of year; on |
22 | | the real property of a day care center, regardless of the |
23 | | time
of day or time of year; or on a public
way within |
24 | | 1,000 feet of the real property comprising any day care |
25 | | center,
regardless of the time of day or time of year:
|
26 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
|
| | HB5805 | - 243 - | LRB100 16869 SLF 32010 b |
|
|
1 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
2 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
3 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
4 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
5 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
6 | | Criminal Code of 2012;
|
7 | | (17) the defendant committed the offense by reason of |
8 | | any person's
activity as a community policing volunteer or |
9 | | to prevent any person from
engaging in activity as a |
10 | | community policing volunteer. For the purpose of
this |
11 | | Section, "community policing volunteer" has the meaning |
12 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
13 | | 2012;
|
14 | | (18) the defendant committed the offense in a nursing |
15 | | home or on the
real
property comprising a nursing home. For |
16 | | the purposes of this paragraph (18),
"nursing home" means a |
17 | | skilled nursing
or intermediate long term care facility |
18 | | that is subject to license by the
Illinois Department of |
19 | | Public Health under the Nursing Home Care
Act, the |
20 | | Specialized Mental Health Rehabilitation Act of 2013, the |
21 | | ID/DD Community Care Act, or the MC/DD Act;
|
22 | | (19) the defendant was a federally licensed firearm |
23 | | dealer
and
was
previously convicted of a violation of |
24 | | subsection (a) of Section 3 of the
Firearm Owners |
25 | | Identification Card Act before its repeal by this |
26 | | amendatory Act of the 100th General Assembly and has now |
|
| | HB5805 | - 244 - | LRB100 16869 SLF 32010 b |
|
|
1 | | committed either a felony
violation
of the Firearm Owners |
2 | | Identification Card Act or an act of armed violence while
|
3 | | armed
with a firearm; |
4 | | (20) the defendant (i) committed the offense of |
5 | | reckless homicide under Section 9-3 of the Criminal Code of |
6 | | 1961 or the Criminal Code of 2012 or the offense of driving |
7 | | under the influence of alcohol, other drug or
drugs, |
8 | | intoxicating compound or compounds or any combination |
9 | | thereof under Section 11-501 of the Illinois Vehicle Code |
10 | | or a similar provision of a local ordinance and (ii) was |
11 | | operating a motor vehicle in excess of 20 miles per hour |
12 | | over the posted speed limit as provided in Article VI of |
13 | | Chapter 11 of the Illinois Vehicle Code;
|
14 | | (21) the defendant (i) committed the offense of |
15 | | reckless driving or aggravated reckless driving under |
16 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
17 | | operating a motor vehicle in excess of 20 miles per hour |
18 | | over the posted speed limit as provided in Article VI of |
19 | | Chapter 11 of the Illinois Vehicle Code; |
20 | | (22) the defendant committed the offense against a |
21 | | person that the defendant knew, or reasonably should have |
22 | | known, was a member of the Armed Forces of the United |
23 | | States serving on active duty. For purposes of this clause |
24 | | (22), the term "Armed Forces" means any of the Armed Forces |
25 | | of the United States, including a member of any reserve |
26 | | component thereof or National Guard unit called to active |
|
| | HB5805 | - 245 - | LRB100 16869 SLF 32010 b |
|
|
1 | | duty;
|
2 | | (23)
the defendant committed the offense against a |
3 | | person who was elderly or infirm or who was a person with a |
4 | | disability by taking advantage of a family or fiduciary |
5 | | relationship with the elderly or infirm person or person |
6 | | with a disability;
|
7 | | (24)
the defendant committed any offense under Section |
8 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
9 | | of 2012 and possessed 100 or more images;
|
10 | | (25) the defendant committed the offense while the |
11 | | defendant or the victim was in a train, bus, or other |
12 | | vehicle used for public transportation; |
13 | | (26) the defendant committed the offense of child |
14 | | pornography or aggravated child pornography, specifically |
15 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
16 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
17 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
18 | | solicited for, depicted in, or posed in any act of sexual |
19 | | penetration or bound, fettered, or subject to sadistic, |
20 | | masochistic, or sadomasochistic abuse in a sexual context |
21 | | and specifically including paragraph (1), (2), (3), (4), |
22 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
23 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
24 | | engaged in, solicited for, depicted in, or posed in any act |
25 | | of sexual penetration or bound, fettered, or subject to |
26 | | sadistic, masochistic, or sadomasochistic abuse in a |
|
| | HB5805 | - 246 - | LRB100 16869 SLF 32010 b |
|
|
1 | | sexual context; |
2 | | (27) the defendant committed the offense of first |
3 | | degree murder, assault, aggravated assault, battery, |
4 | | aggravated battery, robbery, armed robbery, or aggravated |
5 | | robbery against a person who was a veteran and the |
6 | | defendant knew, or reasonably should have known, that the |
7 | | person was a veteran performing duties as a representative |
8 | | of a veterans' organization. For the purposes of this |
9 | | paragraph (27), "veteran" means an Illinois resident who |
10 | | has served as a member of the United States Armed Forces, a |
11 | | member of the Illinois National Guard, or a member of the |
12 | | United States Reserve Forces; and "veterans' organization" |
13 | | means an organization comprised of members of
which |
14 | | substantially all are individuals who are veterans or |
15 | | spouses,
widows, or widowers of veterans, the primary |
16 | | purpose of which is to
promote the welfare of its members |
17 | | and to provide assistance to the general
public in such a |
18 | | way as to confer a public benefit; |
19 | | (28) the defendant committed the offense of assault, |
20 | | aggravated assault, battery, aggravated battery, robbery, |
21 | | armed robbery, or aggravated robbery against a person that |
22 | | the defendant knew or reasonably should have known was a |
23 | | letter carrier or postal worker while that person was |
24 | | performing his or her duties delivering mail for the United |
25 | | States Postal Service; |
26 | | (29) the defendant committed the offense of criminal |
|
| | HB5805 | - 247 - | LRB100 16869 SLF 32010 b |
|
|
1 | | sexual assault, aggravated criminal sexual assault, |
2 | | criminal sexual abuse, or aggravated criminal sexual abuse |
3 | | against a victim with an intellectual disability, and the |
4 | | defendant holds a position of trust, authority, or |
5 | | supervision in relation to the victim; or |
6 | | (30) the defendant committed the offense of promoting |
7 | | juvenile prostitution, patronizing a prostitute, or |
8 | | patronizing a minor engaged in prostitution and at the time |
9 | | of the commission of the offense knew that the prostitute |
10 | | or minor engaged in prostitution was in the custody or |
11 | | guardianship of the Department of Children and Family |
12 | | Services. |
13 | | For the purposes of this Section:
|
14 | | "School" is defined as a public or private
elementary or |
15 | | secondary school, community college, college, or university.
|
16 | | "Day care center" means a public or private State certified |
17 | | and
licensed day care center as defined in Section 2.09 of the |
18 | | Child Care Act of
1969 that displays a sign in plain view |
19 | | stating that the
property is a day care center.
|
20 | | "Intellectual disability" means significantly subaverage |
21 | | intellectual functioning which exists concurrently
with |
22 | | impairment in adaptive behavior. |
23 | | "Public transportation" means the transportation
or |
24 | | conveyance of persons by means available to the general public, |
25 | | and includes paratransit services. |
26 | | (b) The following factors, related to all felonies, may be |
|
| | HB5805 | - 248 - | LRB100 16869 SLF 32010 b |
|
|
1 | | considered by the court as
reasons to impose an extended term |
2 | | sentence under Section 5-8-2
upon any offender:
|
3 | | (1) When a defendant is convicted of any felony, after |
4 | | having
been previously convicted in Illinois or any other |
5 | | jurisdiction of the
same or similar class felony or greater |
6 | | class felony, when such conviction
has occurred within 10 |
7 | | years after the
previous conviction, excluding time spent |
8 | | in custody, and such charges are
separately brought and |
9 | | tried and arise out of different series of acts; or
|
10 | | (2) When a defendant is convicted of any felony and the |
11 | | court
finds that the offense was accompanied by |
12 | | exceptionally brutal
or heinous behavior indicative of |
13 | | wanton cruelty; or
|
14 | | (3) When a defendant is convicted of any felony |
15 | | committed against:
|
16 | | (i) a person under 12 years of age at the time of |
17 | | the offense or such
person's property;
|
18 | | (ii) a person 60 years of age or older at the time |
19 | | of the offense or
such person's property; or
|
20 | | (iii) a person who had a physical disability at the |
21 | | time of the offense or
such person's property; or
|
22 | | (4) When a defendant is convicted of any felony and the |
23 | | offense
involved any of the following types of specific |
24 | | misconduct committed as
part of a ceremony, rite, |
25 | | initiation, observance, performance, practice or
activity |
26 | | of any actual or ostensible religious, fraternal, or social |
|
| | HB5805 | - 249 - | LRB100 16869 SLF 32010 b |
|
|
1 | | group:
|
2 | | (i) the brutalizing or torturing of humans or |
3 | | animals;
|
4 | | (ii) the theft of human corpses;
|
5 | | (iii) the kidnapping of humans;
|
6 | | (iv) the desecration of any cemetery, religious, |
7 | | fraternal, business,
governmental, educational, or |
8 | | other building or property; or
|
9 | | (v) ritualized abuse of a child; or
|
10 | | (5) When a defendant is convicted of a felony other |
11 | | than conspiracy and
the court finds that
the felony was |
12 | | committed under an agreement with 2 or more other persons
|
13 | | to commit that offense and the defendant, with respect to |
14 | | the other
individuals, occupied a position of organizer, |
15 | | supervisor, financier, or any
other position of management |
16 | | or leadership, and the court further finds that
the felony |
17 | | committed was related to or in furtherance of the criminal
|
18 | | activities of an organized gang or was motivated by the |
19 | | defendant's leadership
in an organized gang; or
|
20 | | (6) When a defendant is convicted of an offense |
21 | | committed while using a firearm with a
laser sight attached |
22 | | to it. For purposes of this paragraph, "laser sight"
has |
23 | | the meaning ascribed to it in Section 26-7 of the Criminal |
24 | | Code of
2012; or
|
25 | | (7) When a defendant who was at least 17 years of age |
26 | | at the
time of
the commission of the offense is convicted |
|
| | HB5805 | - 250 - | LRB100 16869 SLF 32010 b |
|
|
1 | | of a felony and has been previously
adjudicated a |
2 | | delinquent minor under the Juvenile Court Act of 1987 for |
3 | | an act
that if committed by an adult would be a Class X or |
4 | | Class 1 felony when the
conviction has occurred within 10 |
5 | | years after the previous adjudication,
excluding time |
6 | | spent in custody; or
|
7 | | (8) When a defendant commits any felony and the |
8 | | defendant used, possessed, exercised control over, or |
9 | | otherwise directed an animal to assault a law enforcement |
10 | | officer engaged in the execution of his or her official |
11 | | duties or in furtherance of the criminal activities of an |
12 | | organized gang in which the defendant is engaged; or
|
13 | | (9) When a defendant commits any felony and the |
14 | | defendant knowingly video or audio records the offense with |
15 | | the intent to disseminate the recording. |
16 | | (c) The following factors may be considered by the court as |
17 | | reasons to impose an extended term sentence under Section 5-8-2 |
18 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
19 | | (1) When a defendant is convicted of first degree |
20 | | murder, after having been previously convicted in Illinois |
21 | | of any offense listed under paragraph (c)(2) of Section |
22 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
23 | | within 10 years after the previous conviction, excluding |
24 | | time spent in custody, and the charges are separately |
25 | | brought and tried and arise out of different series of |
26 | | acts. |
|
| | HB5805 | - 251 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (1.5) When a defendant is convicted of first degree |
2 | | murder, after having been previously convicted of domestic |
3 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
4 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
5 | | having been previously convicted of violation of an order |
6 | | of protection (720 ILCS 5/12-30) in which the same victim |
7 | | was the protected person. |
8 | | (2) When a defendant is convicted of voluntary |
9 | | manslaughter, second degree murder, involuntary |
10 | | manslaughter, or reckless homicide in which the defendant |
11 | | has been convicted of causing the death of more than one |
12 | | individual. |
13 | | (3) When a defendant is convicted of aggravated |
14 | | criminal sexual assault or criminal sexual assault, when |
15 | | there is a finding that aggravated criminal sexual assault |
16 | | or criminal sexual assault was also committed on the same |
17 | | victim by one or more other individuals, and the defendant |
18 | | voluntarily participated in the crime with the knowledge of |
19 | | the participation of the others in the crime, and the |
20 | | commission of the crime was part of a single course of |
21 | | conduct during which there was no substantial change in the |
22 | | nature of the criminal objective. |
23 | | (4) If the victim was under 18 years of age at the time |
24 | | of the commission of the offense, when a defendant is |
25 | | convicted of aggravated criminal sexual assault or |
26 | | predatory criminal sexual assault of a child under |
|
| | HB5805 | - 252 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
2 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
3 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
4 | | (5) When a defendant is convicted of a felony violation |
5 | | of Section 24-1 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
7 | | finding that the defendant is a member of an organized |
8 | | gang. |
9 | | (6) When a defendant was convicted of unlawful use of |
10 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
12 | | a weapon that is not readily distinguishable as one of the |
13 | | weapons enumerated in Section 24-1 of the Criminal Code of |
14 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
15 | | (7) When a defendant is convicted of an offense |
16 | | involving the illegal manufacture of a controlled |
17 | | substance under Section 401 of the Illinois Controlled |
18 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
19 | | of methamphetamine under Section 25 of the Methamphetamine |
20 | | Control and Community Protection Act (720 ILCS 646/25), or |
21 | | the illegal possession of explosives and an emergency |
22 | | response officer in the performance of his or her duties is |
23 | | killed or injured at the scene of the offense while |
24 | | responding to the emergency caused by the commission of the |
25 | | offense. In this paragraph, "emergency" means a situation |
26 | | in which a person's life, health, or safety is in jeopardy; |
|
| | HB5805 | - 253 - | LRB100 16869 SLF 32010 b |
|
|
1 | | and "emergency response officer" means a peace officer, |
2 | | community policing volunteer, fireman, emergency medical |
3 | | technician-ambulance, emergency medical |
4 | | technician-intermediate, emergency medical |
5 | | technician-paramedic, ambulance driver, other medical |
6 | | assistance or first aid personnel, or hospital emergency |
7 | | room personnel.
|
8 | | (8) When the defendant is convicted of attempted mob |
9 | | action, solicitation to commit mob action, or conspiracy to |
10 | | commit mob action under Section 8-1, 8-2, or 8-4 of the |
11 | | Criminal Code of 2012, where the criminal object is a |
12 | | violation of Section 25-1 of the Criminal Code of 2012, and |
13 | | an electronic communication is used in the commission of |
14 | | the offense. For the purposes of this paragraph (8), |
15 | | "electronic communication" shall have the meaning provided |
16 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
17 | | (d) For the purposes of this Section, "organized gang" has |
18 | | the meaning
ascribed to it in Section 10 of the Illinois |
19 | | Streetgang Terrorism Omnibus
Prevention Act.
|
20 | | (e) The court may impose an extended term sentence under |
21 | | Article 4.5 of Chapter V upon an offender who has been |
22 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
23 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
24 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
25 | | when the victim of the offense is under 18 years of age at the |
26 | | time of the commission of the offense and, during the |
|
| | HB5805 | - 254 - | LRB100 16869 SLF 32010 b |
|
|
1 | | commission of the offense, the victim was under the influence |
2 | | of alcohol, regardless of whether or not the alcohol was |
3 | | supplied by the offender; and the offender, at the time of the |
4 | | commission of the offense, knew or should have known that the |
5 | | victim had consumed alcohol. |
6 | | (Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, |
7 | | eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, |
8 | | eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; |
9 | | 99-347, eff. 1-1-16; 99-642, eff. 7-28-16.) |
10 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
11 | | Sec. 5-6-3. Conditions of probation and of conditional |
12 | | discharge.
|
13 | | (a) The conditions of probation and of conditional |
14 | | discharge shall be
that the person:
|
15 | | (1) not violate any criminal statute of any |
16 | | jurisdiction;
|
17 | | (2) report to or appear in person before such person or |
18 | | agency as
directed by the court;
|
19 | | (3) refrain from possessing a firearm or other |
20 | | dangerous weapon where the offense is a felony or, if a |
21 | | misdemeanor, the offense involved the intentional or |
22 | | knowing infliction of bodily harm or threat of bodily harm;
|
23 | | (4) not leave the State without the consent of the |
24 | | court or, in
circumstances in which the reason for the |
25 | | absence is of such an emergency
nature that prior consent |
|
| | HB5805 | - 255 - | LRB100 16869 SLF 32010 b |
|
|
1 | | by the court is not possible, without the prior
|
2 | | notification and approval of the person's probation
|
3 | | officer. Transfer of a person's probation or conditional |
4 | | discharge
supervision to another state is subject to |
5 | | acceptance by the other state
pursuant to the Interstate |
6 | | Compact for Adult Offender Supervision;
|
7 | | (5) permit the probation officer to visit
him at his |
8 | | home or elsewhere
to the extent necessary to discharge his |
9 | | duties;
|
10 | | (6) perform no less than 30 hours of community service |
11 | | and not more than
120 hours of community service, if |
12 | | community service is available in the
jurisdiction and is |
13 | | funded and approved by the county board where the offense
|
14 | | was committed, where the offense was related to or in |
15 | | furtherance of the
criminal activities of an organized gang |
16 | | and was motivated by the offender's
membership in or |
17 | | allegiance to an organized gang. The community service |
18 | | shall
include, but not be limited to, the cleanup and |
19 | | repair of any damage caused by
a violation of Section |
20 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
21 | | 2012 and similar damage
to property located within the |
22 | | municipality or county in which the violation
occurred. |
23 | | When possible and reasonable, the community service should |
24 | | be
performed in the offender's neighborhood. For purposes |
25 | | of this Section,
"organized gang" has the meaning ascribed |
26 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
|
| | HB5805 | - 256 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Omnibus Prevention Act;
|
2 | | (7) if he or she is at least 17 years of age and has |
3 | | been sentenced to
probation or conditional discharge for a |
4 | | misdemeanor or felony in a county of
3,000,000 or more |
5 | | inhabitants and has not been previously convicted of a
|
6 | | misdemeanor or felony, may be required by the sentencing |
7 | | court to attend
educational courses designed to prepare the |
8 | | defendant for a high school diploma
and to work toward a |
9 | | high school diploma or to work toward passing high school |
10 | | equivalency testing or to work toward
completing a |
11 | | vocational training program approved by the court. The |
12 | | person on
probation or conditional discharge must attend a |
13 | | public institution of
education to obtain the educational |
14 | | or vocational training required by this paragraph
clause |
15 | | (7). The court shall revoke the probation or conditional |
16 | | discharge of a
person who wilfully fails to comply with |
17 | | this paragraph clause (7). The person on
probation or |
18 | | conditional discharge shall be required to pay for the cost |
19 | | of the
educational courses or high school equivalency |
20 | | testing if a fee is charged for those courses or testing. |
21 | | The court shall resentence the offender whose probation or |
22 | | conditional
discharge has been revoked as provided in |
23 | | Section 5-6-4. This paragraph clause (7) does
not apply to |
24 | | a person who has a high school diploma or has successfully |
25 | | passed high school equivalency testing. This paragraph |
26 | | clause (7) does not apply to a person who is determined by
|
|
| | HB5805 | - 257 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the court to be a person with a developmental disability or |
2 | | otherwise mentally incapable of
completing the educational |
3 | | or vocational program;
|
4 | | (8) if convicted of possession of a substance |
5 | | prohibited
by the Cannabis Control Act, the Illinois |
6 | | Controlled Substances Act, or the Methamphetamine Control |
7 | | and Community Protection Act
after a previous conviction or |
8 | | disposition of supervision for possession of a
substance |
9 | | prohibited by the Cannabis Control Act or Illinois |
10 | | Controlled
Substances Act or after a sentence of probation |
11 | | under Section 10 of the
Cannabis
Control Act, Section 410 |
12 | | of the Illinois Controlled Substances Act, or Section 70 of |
13 | | the Methamphetamine Control and Community Protection Act |
14 | | and upon a
finding by the court that the person is |
15 | | addicted, undergo treatment at a
substance abuse program |
16 | | approved by the court;
|
17 | | (8.5) if convicted of a felony sex offense as defined |
18 | | in the Sex
Offender
Management Board Act, the person shall |
19 | | undergo and successfully complete sex
offender treatment |
20 | | by a treatment provider approved by the Board and conducted
|
21 | | in conformance with the standards developed under the Sex
|
22 | | Offender Management Board Act;
|
23 | | (8.6) if convicted of a sex offense as defined in the |
24 | | Sex Offender Management Board Act, refrain from residing at |
25 | | the same address or in the same condominium unit or |
26 | | apartment unit or in the same condominium complex or |
|
| | HB5805 | - 258 - | LRB100 16869 SLF 32010 b |
|
|
1 | | apartment complex with another person he or she knows or |
2 | | reasonably should know is a convicted sex offender or has |
3 | | been placed on supervision for a sex offense; the |
4 | | provisions of this paragraph do not apply to a person |
5 | | convicted of a sex offense who is placed in a Department of |
6 | | Corrections licensed transitional housing facility for sex |
7 | | offenders; |
8 | | (8.7) if convicted for an offense committed on or after |
9 | | June 1, 2008 (the effective date of Public Act 95-464) that |
10 | | would qualify the accused as a child sex offender as |
11 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
12 | | 1961 or the Criminal Code of 2012, refrain from |
13 | | communicating with or contacting, by means of the Internet, |
14 | | a person who is not related to the accused and whom the |
15 | | accused reasonably believes to be under 18 years of age; |
16 | | for purposes of this paragraph (8.7), "Internet" has the |
17 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
18 | | Code of 2012; and a person is not related to the accused if |
19 | | the person is not: (i) the spouse, brother, or sister of |
20 | | the accused; (ii) a descendant of the accused; (iii) a |
21 | | first or second cousin of the accused; or (iv) a step-child |
22 | | or adopted child of the accused; |
23 | | (8.8) if convicted for an offense under Section 11-6, |
24 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
25 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
26 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
|
| | HB5805 | - 259 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or any attempt to commit any of these offenses, committed |
2 | | on or after June 1, 2009 (the effective date of Public Act |
3 | | 95-983): |
4 | | (i) not access or use a computer or any other |
5 | | device with Internet capability without the prior |
6 | | written approval of the offender's probation officer, |
7 | | except in connection with the offender's employment or |
8 | | search for employment with the prior approval of the |
9 | | offender's probation officer; |
10 | | (ii) submit to periodic unannounced examinations |
11 | | of the offender's computer or any other device with |
12 | | Internet capability by the offender's probation |
13 | | officer, a law enforcement officer, or assigned |
14 | | computer or information technology specialist, |
15 | | including the retrieval and copying of all data from |
16 | | the computer or device and any internal or external |
17 | | peripherals and removal of such information, |
18 | | equipment, or device to conduct a more thorough |
19 | | inspection; |
20 | | (iii) submit to the installation on the offender's |
21 | | computer or device with Internet capability, at the |
22 | | offender's expense, of one or more hardware or software |
23 | | systems to monitor the Internet use; and |
24 | | (iv) submit to any other appropriate restrictions |
25 | | concerning the offender's use of or access to a |
26 | | computer or any other device with Internet capability |
|
| | HB5805 | - 260 - | LRB100 16869 SLF 32010 b |
|
|
1 | | imposed by the offender's probation officer; |
2 | | (8.9) if convicted of a sex offense as defined in the |
3 | | Sex Offender
Registration Act committed on or after January |
4 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
5 | | from accessing or using a social networking website as |
6 | | defined in Section 17-0.5 of the Criminal Code of 2012;
|
7 | | (9) if convicted of a felony or of any misdemeanor |
8 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
9 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
10 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
11 | | the Code of Criminal Procedure of 1963, to trigger the |
12 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
13 | | at a time and place
designated by the court, his or her |
14 | | Firearm
Owner's Identification Card and
any and all |
15 | | firearms in
his or her possession . The Court shall return |
16 | | to the Department of State Police Firearm Owner's |
17 | | Identification Card Office the person's Firearm Owner's |
18 | | Identification Card ;
|
19 | | (10) if convicted of a sex offense as defined in |
20 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
21 | | offender is a parent or guardian of the person under 18 |
22 | | years of age present in the home and no non-familial minors |
23 | | are present, not participate in a holiday event involving |
24 | | children under 18 years of age, such as distributing candy |
25 | | or other items to children on Halloween, wearing a Santa |
26 | | Claus costume on or preceding Christmas, being employed as |
|
| | HB5805 | - 261 - | LRB100 16869 SLF 32010 b |
|
|
1 | | a department store Santa Claus, or wearing an Easter Bunny |
2 | | costume on or preceding Easter; |
3 | | (11) if convicted of a sex offense as defined in |
4 | | Section 2 of the Sex Offender Registration Act committed on |
5 | | or after January 1, 2010 (the effective date of Public Act |
6 | | 96-362) that requires the person to register as a sex |
7 | | offender under that Act, may not knowingly use any computer |
8 | | scrub software on any computer that the sex offender uses; |
9 | | (12) if convicted of a violation of the Methamphetamine |
10 | | Control and Community Protection Act, the Methamphetamine
|
11 | | Precursor Control Act, or a methamphetamine related |
12 | | offense: |
13 | | (A) prohibited from purchasing, possessing, or |
14 | | having under his or her control any product containing |
15 | | pseudoephedrine unless prescribed by a physician; and |
16 | | (B) prohibited from purchasing, possessing, or |
17 | | having under his or her control any product containing |
18 | | ammonium nitrate; and |
19 | | (13) if convicted of a hate crime involving the |
20 | | protected class identified in subsection (a) of Section |
21 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
22 | | offense the offender committed, perform public or |
23 | | community service of no less than 200 hours and enroll in |
24 | | an educational program discouraging hate crimes that |
25 | | includes racial, ethnic, and cultural sensitivity training |
26 | | ordered by the court. |
|
| | HB5805 | - 262 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (b) The Court may in addition to other reasonable |
2 | | conditions relating to the
nature of the offense or the |
3 | | rehabilitation of the defendant as determined for
each |
4 | | defendant in the proper discretion of the Court require that |
5 | | the person:
|
6 | | (1) serve a term of periodic imprisonment under Article |
7 | | 7 for a
period not to exceed that specified in paragraph |
8 | | (d) of Section 5-7-1;
|
9 | | (2) pay a fine and costs;
|
10 | | (3) work or pursue a course of study or vocational |
11 | | training;
|
12 | | (4) undergo medical, psychological or psychiatric |
13 | | treatment; or treatment
for drug addiction or alcoholism;
|
14 | | (5) attend or reside in a facility established for the |
15 | | instruction
or residence of defendants on probation;
|
16 | | (6) support his dependents;
|
17 | | (7) and in addition, if a minor:
|
18 | | (i) reside with his parents or in a foster home;
|
19 | | (ii) attend school;
|
20 | | (iii) attend a non-residential program for youth;
|
21 | | (iv) contribute to his own support at home or in a |
22 | | foster home;
|
23 | | (v) with the consent of the superintendent of the
|
24 | | facility, attend an educational program at a facility |
25 | | other than the school
in which the
offense was |
26 | | committed if he
or she is convicted of a crime of |
|
| | HB5805 | - 263 - | LRB100 16869 SLF 32010 b |
|
|
1 | | violence as
defined in
Section 2 of the Crime Victims |
2 | | Compensation Act committed in a school, on the
real
|
3 | | property
comprising a school, or within 1,000 feet of |
4 | | the real property comprising a
school;
|
5 | | (8) make restitution as provided in Section 5-5-6 of |
6 | | this Code;
|
7 | | (9) perform some reasonable public or community |
8 | | service;
|
9 | | (10) serve a term of home confinement. In addition to |
10 | | any other
applicable condition of probation or conditional |
11 | | discharge, the
conditions of home confinement shall be that |
12 | | the offender:
|
13 | | (i) remain within the interior premises of the |
14 | | place designated for
his confinement during the hours |
15 | | designated by the court;
|
16 | | (ii) admit any person or agent designated by the |
17 | | court into the
offender's place of confinement at any |
18 | | time for purposes of verifying
the offender's |
19 | | compliance with the conditions of his confinement; and
|
20 | | (iii) if further deemed necessary by the court or |
21 | | the
Probation or
Court Services Department, be placed |
22 | | on an approved
electronic monitoring device, subject |
23 | | to Article 8A of Chapter V;
|
24 | | (iv) for persons convicted of any alcohol, |
25 | | cannabis or controlled
substance violation who are |
26 | | placed on an approved monitoring device as a
condition |
|
| | HB5805 | - 264 - | LRB100 16869 SLF 32010 b |
|
|
1 | | of probation or conditional discharge, the court shall |
2 | | impose a
reasonable fee for each day of the use of the |
3 | | device, as established by the
county board in |
4 | | subsection (g) of this Section, unless after |
5 | | determining the
inability of the offender to pay the |
6 | | fee, the court assesses a lesser fee or no
fee as the |
7 | | case may be. This fee shall be imposed in addition to |
8 | | the fees
imposed under subsections (g) and (i) of this |
9 | | Section. The fee shall be
collected by the clerk of the |
10 | | circuit court, except as provided in an administrative |
11 | | order of the Chief Judge of the circuit court. The |
12 | | clerk of the circuit
court shall pay all monies |
13 | | collected from this fee to the county treasurer
for |
14 | | deposit in the substance abuse services fund under |
15 | | Section 5-1086.1 of
the Counties Code, except as |
16 | | provided in an administrative order of the Chief Judge |
17 | | of the circuit court. |
18 | | The Chief Judge of the circuit court of the county |
19 | | may by administrative order establish a program for |
20 | | electronic monitoring of offenders, in which a vendor |
21 | | supplies and monitors the operation of the electronic |
22 | | monitoring device, and collects the fees on behalf of |
23 | | the county. The program shall include provisions for |
24 | | indigent offenders and the collection of unpaid fees. |
25 | | The program shall not unduly burden the offender and |
26 | | shall be subject to review by the Chief Judge. |
|
| | HB5805 | - 265 - | LRB100 16869 SLF 32010 b |
|
|
1 | | The Chief Judge of the circuit court may suspend |
2 | | any additional charges or fees for late payment, |
3 | | interest, or damage to any device; and
|
4 | | (v) for persons convicted of offenses other than |
5 | | those referenced in
clause (iv) above and who are |
6 | | placed on an approved monitoring device as a
condition |
7 | | of probation or conditional discharge, the court shall |
8 | | impose
a reasonable fee for each day of the use of the |
9 | | device, as established by the
county board in |
10 | | subsection (g) of this Section, unless after |
11 | | determining the
inability of the defendant to pay the |
12 | | fee, the court assesses a lesser fee or
no fee as the |
13 | | case may be. This fee shall be imposed in addition to |
14 | | the fees
imposed under subsections (g) and (i) of this |
15 | | Section. The fee
shall be collected by the clerk of the |
16 | | circuit court, except as provided in an administrative |
17 | | order of the Chief Judge of the circuit court. The |
18 | | clerk of the circuit
court shall pay all monies |
19 | | collected from this fee
to the county treasurer who |
20 | | shall use the monies collected to defray the
costs of |
21 | | corrections. The county treasurer shall deposit the |
22 | | fee
collected in the probation and court services fund.
|
23 | | The Chief Judge of the circuit court of the county may |
24 | | by administrative order establish a program for |
25 | | electronic monitoring of offenders, in which a vendor |
26 | | supplies and monitors the operation of the electronic |
|
| | HB5805 | - 266 - | LRB100 16869 SLF 32010 b |
|
|
1 | | monitoring device, and collects the fees on behalf of |
2 | | the county. The program shall include provisions for |
3 | | indigent offenders and the collection of unpaid fees. |
4 | | The program shall not unduly burden the offender and |
5 | | shall be subject to review by the Chief Judge.
|
6 | | The Chief Judge of the circuit court may suspend |
7 | | any additional charges or fees for late payment, |
8 | | interest, or damage to any device. |
9 | | (11) comply with the terms and conditions of an order |
10 | | of protection issued
by the court pursuant to the Illinois |
11 | | Domestic Violence Act of 1986,
as now or hereafter amended, |
12 | | or an order of protection issued by the court of
another |
13 | | state, tribe, or United States territory. A copy of the |
14 | | order of
protection shall be
transmitted to the probation |
15 | | officer or agency
having responsibility for the case;
|
16 | | (12) reimburse any "local anti-crime program" as |
17 | | defined in Section 7
of the Anti-Crime Advisory Council Act |
18 | | for any reasonable expenses incurred
by the program on the |
19 | | offender's case, not to exceed the maximum amount of
the |
20 | | fine authorized for the offense for which the defendant was |
21 | | sentenced;
|
22 | | (13) contribute a reasonable sum of money, not to |
23 | | exceed the maximum
amount of the fine authorized for the
|
24 | | offense for which the defendant was sentenced, (i) to a |
25 | | "local anti-crime
program", as defined in Section 7 of the |
26 | | Anti-Crime Advisory Council Act, or (ii) for offenses under |
|
| | HB5805 | - 267 - | LRB100 16869 SLF 32010 b |
|
|
1 | | the jurisdiction of the Department of Natural Resources, to |
2 | | the fund established by the Department of Natural Resources |
3 | | for the purchase of evidence for investigation purposes and |
4 | | to conduct investigations as outlined in Section 805-105 of |
5 | | the Department of Natural Resources (Conservation) Law;
|
6 | | (14) refrain from entering into a designated |
7 | | geographic area except upon
such terms as the court finds |
8 | | appropriate. Such terms may include
consideration of the |
9 | | purpose of the entry, the time of day, other persons
|
10 | | accompanying the defendant, and advance approval by a
|
11 | | probation officer, if
the defendant has been placed on |
12 | | probation or advance approval by the
court, if the |
13 | | defendant was placed on conditional discharge;
|
14 | | (15) refrain from having any contact, directly or |
15 | | indirectly, with
certain specified persons or particular |
16 | | types of persons, including but not
limited to members of |
17 | | street gangs and drug users or dealers;
|
18 | | (16) refrain from having in his or her body the |
19 | | presence of any illicit
drug prohibited by the Cannabis |
20 | | Control Act, the Illinois Controlled
Substances Act, or the |
21 | | Methamphetamine Control and Community Protection Act, |
22 | | unless prescribed by a physician, and submit samples of
his |
23 | | or her blood or urine or both for tests to determine the |
24 | | presence of any
illicit drug;
|
25 | | (17) if convicted for an offense committed on or after |
26 | | June 1, 2008 (the effective date of Public Act 95-464) that |
|
| | HB5805 | - 268 - | LRB100 16869 SLF 32010 b |
|
|
1 | | would qualify the accused as a child sex offender as |
2 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
3 | | 1961 or the Criminal Code of 2012, refrain from |
4 | | communicating with or contacting, by means of the Internet, |
5 | | a person who is related to the accused and whom the accused |
6 | | reasonably believes to be under 18 years of age; for |
7 | | purposes of this paragraph (17), "Internet" has the meaning |
8 | | ascribed to it in Section 16-0.1 of the Criminal Code of |
9 | | 2012; and a person is related to the accused if the person |
10 | | is: (i) the spouse, brother, or sister of the accused; (ii) |
11 | | a descendant of the accused; (iii) a first or second cousin |
12 | | of the accused; or (iv) a step-child or adopted child of |
13 | | the accused; |
14 | | (18) if convicted for an offense committed on or after |
15 | | June 1, 2009 (the effective date of Public Act 95-983) that |
16 | | would qualify as a sex offense as defined in the Sex |
17 | | Offender Registration Act: |
18 | | (i) not access or use a computer or any other |
19 | | device with Internet capability without the prior |
20 | | written approval of the offender's probation officer, |
21 | | except in connection with the offender's employment or |
22 | | search for employment with the prior approval of the |
23 | | offender's probation officer; |
24 | | (ii) submit to periodic unannounced examinations |
25 | | of the offender's computer or any other device with |
26 | | Internet capability by the offender's probation |
|
| | HB5805 | - 269 - | LRB100 16869 SLF 32010 b |
|
|
1 | | officer, a law enforcement officer, or assigned |
2 | | computer or information technology specialist, |
3 | | including the retrieval and copying of all data from |
4 | | the computer or device and any internal or external |
5 | | peripherals and removal of such information, |
6 | | equipment, or device to conduct a more thorough |
7 | | inspection; |
8 | | (iii) submit to the installation on the offender's |
9 | | computer or device with Internet capability, at the |
10 | | subject's expense, of one or more hardware or software |
11 | | systems to monitor the Internet use; and |
12 | | (iv) submit to any other appropriate restrictions |
13 | | concerning the offender's use of or access to a |
14 | | computer or any other device with Internet capability |
15 | | imposed by the offender's probation officer; and |
16 | | (19) refrain from possessing a firearm or other |
17 | | dangerous weapon where the offense is a misdemeanor that |
18 | | did not involve the intentional or knowing infliction of |
19 | | bodily harm or threat of bodily harm. |
20 | | (c) The court may as a condition of probation or of |
21 | | conditional
discharge require that a person under 18 years of |
22 | | age found guilty of any
alcohol, cannabis or controlled |
23 | | substance violation, refrain from acquiring
a driver's license |
24 | | during
the period of probation or conditional discharge. If |
25 | | such person
is in possession of a permit or license, the court |
26 | | may require that
the minor refrain from driving or operating |
|
| | HB5805 | - 270 - | LRB100 16869 SLF 32010 b |
|
|
1 | | any motor vehicle during the
period of probation or conditional |
2 | | discharge, except as may be necessary in
the course of the |
3 | | minor's lawful employment.
|
4 | | (d) An offender sentenced to probation or to conditional |
5 | | discharge
shall be given a certificate setting forth the |
6 | | conditions thereof.
|
7 | | (e) Except where the offender has committed a fourth or |
8 | | subsequent
violation of subsection (c) of Section 6-303 of the |
9 | | Illinois Vehicle Code,
the court shall not require as a |
10 | | condition of the sentence of
probation or conditional discharge |
11 | | that the offender be committed to a
period of imprisonment in |
12 | | excess of 6 months.
This 6-month 6 month limit shall not |
13 | | include periods of confinement given pursuant to
a sentence of |
14 | | county impact incarceration under Section 5-8-1.2.
|
15 | | Persons committed to imprisonment as a condition of |
16 | | probation or
conditional discharge shall not be committed to |
17 | | the Department of
Corrections.
|
18 | | (f) The court may combine a sentence of periodic |
19 | | imprisonment under
Article 7 or a sentence to a county impact |
20 | | incarceration program under
Article 8 with a sentence of |
21 | | probation or conditional discharge.
|
22 | | (g) An offender sentenced to probation or to conditional |
23 | | discharge and
who during the term of either undergoes mandatory |
24 | | drug or alcohol testing,
or both, or is assigned to be placed |
25 | | on an approved electronic monitoring
device, shall be ordered |
26 | | to pay all costs incidental to such mandatory drug
or alcohol |
|
| | HB5805 | - 271 - | LRB100 16869 SLF 32010 b |
|
|
1 | | testing, or both, and all costs
incidental to such approved |
2 | | electronic monitoring in accordance with the
defendant's |
3 | | ability to pay those costs. The county board with
the |
4 | | concurrence of the Chief Judge of the judicial
circuit in which |
5 | | the county is located shall establish reasonable fees for
the |
6 | | cost of maintenance, testing, and incidental expenses related |
7 | | to the
mandatory drug or alcohol testing, or both, and all |
8 | | costs incidental to
approved electronic monitoring, involved |
9 | | in a successful probation program
for the county. The |
10 | | concurrence of the Chief Judge shall be in the form of
an |
11 | | administrative order.
The fees shall be collected by the clerk |
12 | | of the circuit court, except as provided in an administrative |
13 | | order of the Chief Judge of the circuit court. The clerk of
the |
14 | | circuit court shall pay all moneys collected from these fees to |
15 | | the county
treasurer who shall use the moneys collected to |
16 | | defray the costs of
drug testing, alcohol testing, and |
17 | | electronic monitoring.
The county treasurer shall deposit the |
18 | | fees collected in the
county working cash fund under Section |
19 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
20 | | may be.
The Chief Judge of the circuit court of the county may |
21 | | by administrative order establish a program for electronic |
22 | | monitoring of offenders, in which a vendor supplies and |
23 | | monitors the operation of the electronic monitoring device, and |
24 | | collects the fees on behalf of the county. The program shall |
25 | | include provisions for indigent offenders and the collection of |
26 | | unpaid fees. The program shall not unduly burden the offender |
|
| | HB5805 | - 272 - | LRB100 16869 SLF 32010 b |
|
|
1 | | and shall be subject to review by the Chief Judge.
|
2 | | The Chief Judge of the circuit court may suspend any |
3 | | additional charges or fees for late payment, interest, or |
4 | | damage to any device. |
5 | | (h) Jurisdiction over an offender may be transferred from |
6 | | the
sentencing court to the court of another circuit with the |
7 | | concurrence of
both courts. Further transfers or retransfers of
|
8 | | jurisdiction are also
authorized in the same manner. The court |
9 | | to which jurisdiction has been
transferred shall have the same |
10 | | powers as the sentencing court.
The probation department within |
11 | | the circuit to which jurisdiction has been transferred, or |
12 | | which has agreed to provide supervision, may impose probation |
13 | | fees upon receiving the transferred offender, as provided in |
14 | | subsection (i). For all transfer cases, as defined in Section |
15 | | 9b of the Probation and Probation Officers Act, the probation |
16 | | department from the original sentencing court shall retain all |
17 | | probation fees collected prior to the transfer. After the |
18 | | transfer ,
all probation fees shall be paid to the probation |
19 | | department within the
circuit to which jurisdiction has been |
20 | | transferred.
|
21 | | (i) The court shall impose upon an offender
sentenced to |
22 | | probation after January 1, 1989 or to conditional discharge
|
23 | | after January 1, 1992 or to community service under the |
24 | | supervision of a
probation or court services department after |
25 | | January 1, 2004, as a condition of such probation or |
26 | | conditional
discharge or supervised community service, a fee of |
|
| | HB5805 | - 273 - | LRB100 16869 SLF 32010 b |
|
|
1 | | $50
for each month of probation or
conditional
discharge |
2 | | supervision or supervised community service ordered by the |
3 | | court, unless after
determining the inability of the person |
4 | | sentenced to probation or conditional
discharge or supervised |
5 | | community service to pay the
fee, the court assesses a lesser |
6 | | fee. The court may not impose the fee on a
minor who is placed |
7 | | in the guardianship or custody of the Department of Children |
8 | | and Family Services under the Juvenile Court Act of 1987
while |
9 | | the minor is in placement.
The fee shall be imposed only upon
|
10 | | an offender who is actively supervised by the
probation and |
11 | | court services
department. The fee shall be collected by the |
12 | | clerk
of the circuit court. The clerk of the circuit court |
13 | | shall pay all monies
collected from this fee to the county |
14 | | treasurer for deposit in the
probation and court services fund |
15 | | under Section 15.1 of the
Probation and Probation Officers Act.
|
16 | | A circuit court may not impose a probation fee under this |
17 | | subsection (i) in excess of $25
per month unless the circuit |
18 | | court has adopted, by administrative
order issued by the chief |
19 | | judge, a standard probation fee guide
determining an offender's |
20 | | ability to pay Of the
amount collected as a probation fee, up |
21 | | to $5 of that fee
collected per month may be used to provide |
22 | | services to crime victims
and their families. |
23 | | The Court may only waive probation fees based on an |
24 | | offender's ability to pay. The probation department may |
25 | | re-evaluate an offender's ability to pay every 6 months, and, |
26 | | with the approval of the Director of Court Services or the |
|
| | HB5805 | - 274 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Chief Probation Officer, adjust the monthly fee amount. An |
2 | | offender may elect to pay probation fees due in a lump sum.
Any |
3 | | offender that has been assigned to the supervision of a |
4 | | probation department, or has been transferred either under |
5 | | subsection (h) of this Section or under any interstate compact, |
6 | | shall be required to pay probation fees to the department |
7 | | supervising the offender, based on the offender's ability to |
8 | | pay.
|
9 | | Public Act 93-970 This amendatory Act of the 93rd General |
10 | | Assembly deletes the $10 increase in the fee under this |
11 | | subsection that was imposed by Public Act 93-616. This deletion |
12 | | is intended to control over any other Act of the 93rd General |
13 | | Assembly that retains or incorporates that fee increase. |
14 | | (i-5) In addition to the fees imposed under subsection (i) |
15 | | of this Section, in the case of an offender convicted of a |
16 | | felony sex offense (as defined in the Sex Offender Management |
17 | | Board Act) or an offense that the court or probation department |
18 | | has determined to be sexually motivated (as defined in the Sex |
19 | | Offender Management Board Act), the court or the probation |
20 | | department shall assess additional fees to pay for all costs of |
21 | | treatment, assessment, evaluation for risk and treatment, and |
22 | | monitoring the offender, based on that offender's ability to |
23 | | pay those costs either as they occur or under a payment plan. |
24 | | (j) All fines and costs imposed under this Section for any |
25 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
26 | | Code, or a similar
provision of a local ordinance, and any |
|
| | HB5805 | - 275 - | LRB100 16869 SLF 32010 b |
|
|
1 | | violation of the Child Passenger
Protection Act, or a similar |
2 | | provision of a local ordinance, shall be
collected and |
3 | | disbursed by the circuit clerk as provided under Section 27.5
|
4 | | of the Clerks of Courts Act.
|
5 | | (k) Any offender who is sentenced to probation or |
6 | | conditional discharge for a felony sex offense as defined in |
7 | | the Sex Offender Management Board Act or any offense that the |
8 | | court or probation department has determined to be sexually |
9 | | motivated as defined in the Sex Offender Management Board Act |
10 | | shall be required to refrain from any contact, directly or |
11 | | indirectly, with any persons specified by the court and shall |
12 | | be available for all evaluations and treatment programs |
13 | | required by the court or the probation department.
|
14 | | (l) The court may order an offender who is sentenced to |
15 | | probation or conditional
discharge for a violation of an order |
16 | | of protection be placed under electronic surveillance as |
17 | | provided in Section 5-8A-7 of this Code. |
18 | | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; |
19 | | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.) |
20 | | Section 100. The Stalking No Contact Order Act is amended |
21 | | by changing Section 80 as follows: |
22 | | (740 ILCS 21/80)
|
23 | | Sec. 80. Stalking no contact orders; remedies. |
24 | | (a) If the court finds that the petitioner has been a |
|
| | HB5805 | - 276 - | LRB100 16869 SLF 32010 b |
|
|
1 | | victim of stalking, a stalking no contact order shall issue; |
2 | | provided that the petitioner must also satisfy the requirements |
3 | | of Section 95 on emergency orders or Section 100 on plenary |
4 | | orders. The petitioner shall not be denied a stalking no |
5 | | contact order because the petitioner or the respondent is a |
6 | | minor. The court, when determining whether or not to issue a |
7 | | stalking no contact order, may not require physical injury on |
8 | | the person of the petitioner. Modification and extension of |
9 | | prior stalking no contact orders shall be in accordance with |
10 | | this Act. |
11 | | (b) A stalking no contact order shall order one or more of |
12 | | the following: |
13 | | (1) prohibit the respondent from threatening to commit |
14 | | or committing stalking; |
15 | | (2) order the respondent not to have any contact with |
16 | | the petitioner or a third person specifically named by the |
17 | | court; |
18 | | (3) prohibit the respondent from knowingly coming |
19 | | within, or knowingly remaining within a specified distance |
20 | | of the petitioner or the petitioner's residence, school, |
21 | | daycare, or place of employment, or any specified place |
22 | | frequented by the petitioner; however, the court may order |
23 | | the respondent to stay away from the respondent's own |
24 | | residence, school, or place of employment only if the |
25 | | respondent has been provided actual notice of the |
26 | | opportunity to appear and be heard on the petition; |
|
| | HB5805 | - 277 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (4) prohibit the respondent from possessing a Firearm |
2 | | Owners Identification Card, or possessing or buying |
3 | | firearms; and |
4 | | (5) order other injunctive relief the court determines |
5 | | to be necessary to protect the petitioner or third party |
6 | | specifically named by the court. |
7 | | (b-5) When the petitioner and the respondent attend the |
8 | | same public, private, or non-public elementary, middle, or high |
9 | | school, the court when issuing a stalking no contact order and |
10 | | providing relief shall consider the severity of the act, any |
11 | | continuing physical danger or emotional distress to the |
12 | | petitioner, the educational rights guaranteed to the |
13 | | petitioner and respondent under federal and State law, the |
14 | | availability of a transfer of the respondent to another school, |
15 | | a change of placement or a change of program of the respondent, |
16 | | the expense, difficulty, and educational disruption that would |
17 | | be caused by a transfer of the respondent to another school, |
18 | | and any other relevant facts of the case. The court may order |
19 | | that the respondent not attend the public, private, or |
20 | | non-public elementary, middle, or high school attended by the |
21 | | petitioner, order that the respondent accept a change of |
22 | | placement or program, as determined by the school district or |
23 | | private or non-public school, or place restrictions on the |
24 | | respondent's movements within the school attended by the |
25 | | petitioner.
The respondent bears the burden of proving by a |
26 | | preponderance of the evidence that a transfer, change of |
|
| | HB5805 | - 278 - | LRB100 16869 SLF 32010 b |
|
|
1 | | placement, or change of program of the respondent is not |
2 | | available. The respondent also bears the burden of production |
3 | | with respect to the expense, difficulty, and educational |
4 | | disruption that would be caused by a transfer of the respondent |
5 | | to another school. A transfer, change of placement, or change |
6 | | of program is not unavailable to the respondent solely on the |
7 | | ground that the respondent does not agree with the school |
8 | | district's or private or non-public school's transfer, change |
9 | | of placement, or change of program or solely on the ground that |
10 | | the respondent fails or refuses to consent to or otherwise does |
11 | | not take an action required to effectuate a transfer, change of |
12 | | placement, or change of program.
When a court orders a |
13 | | respondent to stay away from the public, private, or non-public |
14 | | school attended by the petitioner and the respondent requests a |
15 | | transfer to another attendance center within the respondent's |
16 | | school district or private or non-public school, the school |
17 | | district or private or non-public school shall have sole |
18 | | discretion to determine the attendance center to which the |
19 | | respondent is transferred.
In the event the court order results |
20 | | in a transfer of the minor respondent to another attendance |
21 | | center, a change in the respondent's placement, or a change of |
22 | | the respondent's program, the parents, guardian, or legal |
23 | | custodian of the respondent is responsible for transportation |
24 | | and other costs associated with the transfer or change. |
25 | | (b-6) The court may order the parents, guardian, or legal |
26 | | custodian of a minor respondent to take certain actions or to |
|
| | HB5805 | - 279 - | LRB100 16869 SLF 32010 b |
|
|
1 | | refrain from taking certain actions to ensure that the |
2 | | respondent complies with the order. In the event the court |
3 | | orders a transfer of the respondent to another school, the |
4 | | parents, guardian, or legal custodian of the respondent are |
5 | | responsible for transportation and other costs associated with |
6 | | the change of school by the respondent. |
7 | | (b-7) The court shall not hold a school district or private |
8 | | or non-public school or any of its employees in civil or |
9 | | criminal contempt unless the school district or private or |
10 | | non-public school has been allowed to intervene. |
11 | | (b-8) The court may hold the parents, guardian, or legal |
12 | | custodian of a minor respondent in civil or criminal contempt |
13 | | for a violation of any provision of any order entered under |
14 | | this Act for conduct of the minor respondent in violation of |
15 | | this Act if the
parents, guardian, or legal custodian directed, |
16 | | encouraged, or assisted the respondent minor in such conduct. |
17 | | (c) The court may award the petitioner costs and attorneys |
18 | | fees if a stalking no contact order is granted. |
19 | | (d) Monetary damages are not recoverable as a remedy. |
20 | | (e) If the stalking no contact order prohibits the |
21 | | respondent from possessing a Firearm Owner's Identification |
22 | | Card, or possessing or buying firearms; the court shall |
23 | | confiscate the respondent's firearms Firearm Owner's |
24 | | Identification Card and immediately return the card to the |
25 | | Department of State Police Firearm Owner's Identification Card |
26 | | Office .
|
|
| | HB5805 | - 280 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; |
2 | | 97-1131, eff. 1-1-13.) |
3 | | Section 105. The Mental Health and Developmental |
4 | | Disabilities Confidentiality Act is amended by changing |
5 | | Section 12 as follows:
|
6 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
|
7 | | Sec. 12. (a) If the United States Secret Service or the |
8 | | Department of
State Police requests information from a mental |
9 | | health or developmental
disability facility, as defined in |
10 | | Section 1-107 and 1-114 of the Mental
Health and Developmental |
11 | | Disabilities Code, relating to a specific
recipient and the |
12 | | facility director determines that disclosure of such
|
13 | | information may be necessary to protect the life of, or to |
14 | | prevent
the infliction of great bodily harm to, a public |
15 | | official,
or a person under the protection of the United
States |
16 | | Secret Service, only the following information
may be |
17 | | disclosed: the recipient's name, address, and age and the date |
18 | | of
any admission to or discharge from a facility; and any |
19 | | information which
would indicate whether or not the recipient |
20 | | has a history of violence or
presents a danger of violence to |
21 | | the person under protection. Any information
so disclosed shall |
22 | | be used for investigative purposes only and shall not
be |
23 | | publicly disseminated.
Any person participating in good faith |
24 | | in the disclosure of such
information in accordance with this |
|
| | HB5805 | - 281 - | LRB100 16869 SLF 32010 b |
|
|
1 | | provision shall have immunity from any
liability, civil, |
2 | | criminal or otherwise, if such information is disclosed
relying |
3 | | upon the representation of an officer of the United States |
4 | | Secret
Service or the Department of State Police that a person |
5 | | is under the
protection of the United States Secret Service or |
6 | | is a public official.
|
7 | | For the purpose of this subsection (a), the term "public |
8 | | official" means
the Governor, Lieutenant Governor, Attorney |
9 | | General, Secretary of State,
State Comptroller, State |
10 | | Treasurer, member of the General Assembly, member of the United |
11 | | States Congress, Judge of the United States as defined in 28 |
12 | | U.S.C. 451, Justice of the United States as defined in 28 |
13 | | U.S.C. 451, United States Magistrate Judge as defined in 28 |
14 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
15 | | Supreme, Appellate, Circuit, or Associate Judge of the State of |
16 | | Illinois. The
term shall also include the spouse, child or |
17 | | children of a public official.
|
18 | | (b) The Department of Human Services (acting as successor |
19 | | to the
Department of Mental Health and Developmental |
20 | | Disabilities) and all
public or private hospitals and mental |
21 | | health facilities are required, as hereafter described in this |
22 | | subsection,
to furnish the Department of State Police only such |
23 | | information as may
be required for the sole purpose of |
24 | | determining whether an individual who
may be or may have been a |
25 | | patient is disqualified because of that status
from receiving |
26 | | or retaining a firearm under paragraph (4) of subsection (a) of |
|
| | HB5805 | - 282 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's |
2 | | Identification Card or falls within the federal prohibitors |
3 | | under subsection (e), (f), (g), (r), (s), or (t) of Section 8 |
4 | | of the Firearm Owners Identification Card Act , or falls within |
5 | | the federal prohibitors in 18 U.S.C. 922(g) and (n). All |
6 | | physicians, clinical psychologists, or qualified examiners at |
7 | | public or private mental health facilities or parts thereof as |
8 | | defined in this subsection shall, in the form and manner |
9 | | required
by the Department, provide notice directly to the |
10 | | Department of Human Services, or to his or her employer who |
11 | | shall then report to the Department, within 24 hours after |
12 | | determining that a person poses a clear and present danger to |
13 | | himself, herself, or others, or within 7 days after a person 14 |
14 | | years or older is determined to be a person with a |
15 | | developmental disability by a physician, clinical |
16 | | psychologist, or qualified examiner as described in this |
17 | | subsection (b) Section 1.1 of the Firearm Owners Identification |
18 | | Card Act . If a person is a patient as described in clause |
19 | | (2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 |
20 | | of the Firearm Owners Identification Card Act , this information |
21 | | shall be furnished within 7 days after
admission to a public or |
22 | | private hospital or mental health facility or the provision of |
23 | | services. Any such information disclosed under
this subsection |
24 | | shall
remain privileged and confidential, and shall not be |
25 | | redisclosed, except as required by clause (e)(2) of Section |
26 | | 24-4.5 of the Criminal Code of 2012 subsection (e) of Section |
|
| | HB5805 | - 283 - | LRB100 16869 SLF 32010 b |
|
|
1 | | 3.1 of the Firearm Owners Identification Card Act , nor utilized
|
2 | | for any other purpose. The method of requiring the providing of |
3 | | such
information shall guarantee that no information is |
4 | | released beyond what
is necessary for this purpose. In |
5 | | addition, the information disclosed
shall be provided
by the |
6 | | Department within the time period established by Section 24-3 |
7 | | of the
Criminal Code of 2012 regarding the delivery of |
8 | | firearms. The method used
shall be sufficient to provide the |
9 | | necessary information within the
prescribed time period, which |
10 | | may include periodically providing
lists to the Department of |
11 | | Human Services
or any public or private hospital or mental |
12 | | health facility of Firearm Owner's Identification Card |
13 | | applicants for firearm purchases
on which the Department or |
14 | | hospital shall indicate the identities of those
individuals who |
15 | | are to its knowledge disqualified from having a firearm Firearm
|
16 | | Owner's Identification Card for reasons described herein. The |
17 | | Department
may provide for a centralized source
of information |
18 | | for the State on this subject under its jurisdiction. The |
19 | | identity of the person reporting under this subsection shall |
20 | | not be disclosed to the subject of the report. For the purposes |
21 | | of this subsection, the physician, clinical psychologist, or |
22 | | qualified examiner making the determination and his or her |
23 | | employer shall not be held criminally, civilly, or |
24 | | professionally liable for making or not making the notification |
25 | | required under this subsection, except for willful or wanton |
26 | | misconduct.
|
|
| | HB5805 | - 284 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Any person, institution, or agency, under this Act, |
2 | | participating in
good faith in the reporting or disclosure of |
3 | | records and communications
otherwise in accordance with this |
4 | | provision or with rules, regulations or
guidelines issued by |
5 | | the Department shall have immunity from any
liability, civil, |
6 | | criminal or otherwise, that might result by reason of the
|
7 | | action. For the purpose of any proceeding, civil or criminal,
|
8 | | arising out of a report or disclosure in accordance with this |
9 | | provision,
the good faith of any person,
institution, or agency |
10 | | so reporting or disclosing shall be presumed. The
full extent |
11 | | of the immunity provided in this subsection (b) shall apply to
|
12 | | any person, institution or agency that fails to make a report |
13 | | or disclosure
in the good faith belief that the report or |
14 | | disclosure would violate
federal regulations governing the |
15 | | confidentiality of alcohol and drug abuse
patient records |
16 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
|
17 | | For purposes of this subsection (b) only, the following |
18 | | terms shall have
the meaning prescribed:
|
19 | | (1) (Blank).
|
20 | | (1.3) "Clear and present danger" has the meaning as |
21 | | defined in Section 6-103.3 of the Mental Health and |
22 | | Developmental Disabilities Code 1.1 of the Firearm Owners |
23 | | Identification Card Act . |
24 | | (1.5) "Person with a developmental disability" 6-103.3 |
25 | | of the Mental Health and Developmental Disabilities Code |
26 | | has the meaning as defined in Section 1.1 of the Firearm |
|
| | HB5805 | - 285 - | LRB100 16869 SLF 32010 b |
|
|
1 | | Owners Identification Card Act . |
2 | | (2) "Patient" means (A) a person who voluntarily |
3 | | receives mental health treatment as an in-patient or |
4 | | resident of any public or private mental health facility, |
5 | | unless the treatment was solely for an alcohol abuse |
6 | | disorder and no other secondary substance abuse disorder or |
7 | | mental illness; or (B) a person who voluntarily receives |
8 | | mental health treatment as an out-patient or is provided |
9 | | services by a public or private mental health facility, and |
10 | | who poses a clear and present danger to himself, herself, |
11 | | or to others has the meaning as defined in Section 1.1 of |
12 | | the Firearm Owners Identification Card Act .
|
13 | | (3) "Mental health facility" means any licensed |
14 | | private hospital or hospital affiliate, institution, or |
15 | | facility, or part thereof, and any facility, or part |
16 | | thereof, operated by the State or a political subdivision |
17 | | thereof which provide treatment of persons with mental |
18 | | illness and includes all hospitals, institutions, clinics, |
19 | | evaluation facilities, mental health centers, colleges, |
20 | | universities, long-term care facilities, and nursing |
21 | | homes, or parts thereof, which provide treatment of persons |
22 | | with mental illness whether or not the primary purpose is |
23 | | to provide treatment of persons with mental illness has the |
24 | | meaning as defined in Section 1.1 of the Firearm Owners |
25 | | Identification Card Act .
|
26 | | (c) Upon the request of a peace officer who takes a person |
|
| | HB5805 | - 286 - | LRB100 16869 SLF 32010 b |
|
|
1 | | into custody
and transports such person to a mental health or |
2 | | developmental disability
facility pursuant to Section 3-606 or |
3 | | 4-404 of the Mental Health and
Developmental Disabilities Code |
4 | | or who transports a person from such facility,
a facility |
5 | | director shall furnish said peace officer the name, address, |
6 | | age
and name of the nearest relative of the person transported |
7 | | to or from the
mental health or developmental disability |
8 | | facility. In no case shall the
facility director disclose to |
9 | | the peace officer any information relating to the
diagnosis, |
10 | | treatment or evaluation of the person's mental or physical |
11 | | health.
|
12 | | For the purposes of this subsection (c), the terms "mental |
13 | | health or
developmental disability facility", "peace officer" |
14 | | and "facility director"
shall have the meanings ascribed to |
15 | | them in the Mental Health and
Developmental Disabilities Code.
|
16 | | (d) Upon the request of a peace officer or prosecuting |
17 | | authority who is
conducting a bona fide investigation of a |
18 | | criminal offense, or attempting to
apprehend a fugitive from |
19 | | justice,
a facility director may disclose whether a person is |
20 | | present at the facility.
Upon request of a peace officer or |
21 | | prosecuting authority who has a valid
forcible felony warrant |
22 | | issued, a facility director shall disclose: (1) whether
the |
23 | | person who is the subject of the warrant is present at the |
24 | | facility and (2)
the
date of that person's discharge or future |
25 | | discharge from the facility.
The requesting peace officer or |
26 | | prosecuting authority must furnish a case
number and the |
|
| | HB5805 | - 287 - | LRB100 16869 SLF 32010 b |
|
|
1 | | purpose of the investigation or an outstanding arrest warrant |
2 | | at
the time of the request. Any person, institution, or agency
|
3 | | participating in good faith in disclosing such information in |
4 | | accordance with
this subsection (d) is immune from any |
5 | | liability, civil, criminal or
otherwise, that might result by |
6 | | reason of the action.
|
7 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
8 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
|
9 | | Section 110. The Illinois Domestic Violence Act of 1986 is |
10 | | amended by changing Section 214 as follows:
|
11 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
12 | | Sec. 214. Order of protection; remedies.
|
13 | | (a) Issuance of order. If the court finds that petitioner |
14 | | has been
abused by a family or household member or that |
15 | | petitioner is a high-risk
adult who has been abused, neglected, |
16 | | or exploited, as defined in this Act,
an order of protection |
17 | | prohibiting the abuse, neglect, or exploitation
shall issue; |
18 | | provided that petitioner must also satisfy the requirements of
|
19 | | one of the following Sections, as appropriate: Section 217 on |
20 | | emergency
orders, Section 218 on interim orders, or Section 219 |
21 | | on plenary orders.
Petitioner shall not be denied an order of |
22 | | protection because petitioner or
respondent is a minor. The |
23 | | court, when determining whether or not to issue
an order of |
24 | | protection, shall not require physical manifestations of abuse
|
|
| | HB5805 | - 288 - | LRB100 16869 SLF 32010 b |
|
|
1 | | on the person of the victim. Modification and extension of |
2 | | prior
orders of protection shall be in accordance with this |
3 | | Act.
|
4 | | (b) Remedies and standards. The remedies to be included in |
5 | | an order of
protection shall be determined in accordance with |
6 | | this Section and one of
the following Sections, as appropriate: |
7 | | Section 217 on emergency orders,
Section 218 on interim orders, |
8 | | and Section 219 on plenary orders. The
remedies listed in this |
9 | | subsection shall be in addition to other civil or
criminal |
10 | | remedies available to petitioner.
|
11 | | (1) Prohibition of abuse, neglect, or exploitation. |
12 | | Prohibit
respondent's harassment, interference with |
13 | | personal liberty, intimidation
of a dependent, physical |
14 | | abuse, or willful deprivation, neglect or
exploitation, as |
15 | | defined in this Act, or stalking of the petitioner, as |
16 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if |
17 | | such abuse, neglect,
exploitation, or stalking has |
18 | | occurred or otherwise appears likely to occur if
not |
19 | | prohibited.
|
20 | | (2) Grant of exclusive possession of residence. |
21 | | Prohibit respondent from
entering or remaining in any |
22 | | residence, household, or premises of the petitioner,
|
23 | | including one owned or leased by respondent, if petitioner |
24 | | has a right to
occupancy thereof. The grant of exclusive |
25 | | possession of the residence, household, or premises shall |
26 | | not
affect title to real property, nor shall the court be |
|
| | HB5805 | - 289 - | LRB100 16869 SLF 32010 b |
|
|
1 | | limited by the standard
set forth in Section 701 of the |
2 | | Illinois Marriage and Dissolution of Marriage
Act.
|
3 | | (A) Right to occupancy. A party has a right to |
4 | | occupancy of a
residence or household if it is solely |
5 | | or jointly owned or leased by that
party, that party's |
6 | | spouse, a person with a legal duty to support that |
7 | | party or
a minor child in that party's care, or by any |
8 | | person or entity other than the
opposing party that |
9 | | authorizes that party's occupancy (e.g., a domestic
|
10 | | violence shelter). Standards set forth in subparagraph |
11 | | (B) shall not preclude
equitable relief.
|
12 | | (B) Presumption of hardships. If petitioner and |
13 | | respondent
each has the right to occupancy of a |
14 | | residence or household, the court
shall balance (i) the |
15 | | hardships to respondent and any minor child or
|
16 | | dependent adult in respondent's care resulting from |
17 | | entry of this remedy with
(ii) the hardships to |
18 | | petitioner and any minor child or dependent adult in
|
19 | | petitioner's care resulting from continued exposure to |
20 | | the risk of abuse
(should petitioner remain at the |
21 | | residence or household) or from loss of
possession of |
22 | | the residence or household (should petitioner leave to |
23 | | avoid the
risk of abuse). When determining the balance |
24 | | of hardships, the court shall
also take into account |
25 | | the accessibility of the residence or household.
|
26 | | Hardships need not be balanced if respondent does not |
|
| | HB5805 | - 290 - | LRB100 16869 SLF 32010 b |
|
|
1 | | have a right to
occupancy.
|
2 | | The balance of hardships is presumed to favor |
3 | | possession by
petitioner unless the presumption is |
4 | | rebutted by a preponderance of the
evidence, showing |
5 | | that the hardships to respondent substantially |
6 | | outweigh
the hardships to petitioner and any minor |
7 | | child or dependent adult in
petitioner's care. The |
8 | | court, on the request of petitioner or on its own
|
9 | | motion, may order respondent to provide suitable, |
10 | | accessible, alternate housing
for petitioner instead |
11 | | of excluding respondent from a mutual residence or
|
12 | | household.
|
13 | | (3) Stay away order and additional prohibitions.
Order |
14 | | respondent to stay away from petitioner or any other person
|
15 | | protected by the order of protection, or prohibit |
16 | | respondent from entering
or remaining present at |
17 | | petitioner's school, place of employment, or other
|
18 | | specified places at times when petitioner is present, or |
19 | | both, if
reasonable, given the balance of hardships. |
20 | | Hardships need not be balanced for
the court to enter a |
21 | | stay away order or prohibit entry if respondent has no
|
22 | | right to enter the premises.
|
23 | | (A) If an order of protection grants petitioner |
24 | | exclusive possession
of the residence, or prohibits |
25 | | respondent from entering the residence,
or orders |
26 | | respondent to stay away from petitioner or other
|
|
| | HB5805 | - 291 - | LRB100 16869 SLF 32010 b |
|
|
1 | | protected persons, then the court may allow respondent |
2 | | access to the
residence to remove items of clothing and |
3 | | personal adornment
used exclusively by respondent, |
4 | | medications, and other items as the court
directs. The |
5 | | right to access shall be exercised on only one occasion |
6 | | as the
court directs and in the presence of an |
7 | | agreed-upon adult third party or law
enforcement |
8 | | officer.
|
9 | | (B) When the petitioner and the respondent attend |
10 | | the same public, private, or non-public elementary, |
11 | | middle, or high school, the court when issuing an order |
12 | | of protection and providing relief shall consider the |
13 | | severity of the act, any continuing physical danger or |
14 | | emotional distress to the petitioner, the educational |
15 | | rights guaranteed to the petitioner and respondent |
16 | | under federal and State law, the availability of a |
17 | | transfer of the respondent to another school, a change |
18 | | of placement or a change of program of the respondent, |
19 | | the expense, difficulty, and educational disruption |
20 | | that would be caused by a transfer of the respondent to |
21 | | another school, and any other relevant facts of the |
22 | | case. The court may order that the respondent not |
23 | | attend the public, private, or non-public elementary, |
24 | | middle, or high school attended by the petitioner, |
25 | | order that the respondent accept a change of placement |
26 | | or change of program, as determined by the school |
|
| | HB5805 | - 292 - | LRB100 16869 SLF 32010 b |
|
|
1 | | district or private or non-public school, or place |
2 | | restrictions on the respondent's movements within the |
3 | | school attended by the petitioner.
The respondent |
4 | | bears the burden of proving by a preponderance of the |
5 | | evidence that a transfer, change of placement, or |
6 | | change of program of the respondent is not available. |
7 | | The respondent also bears the burden of production with |
8 | | respect to the expense, difficulty, and educational |
9 | | disruption that would be caused by a transfer of the |
10 | | respondent to another school. A transfer, change of |
11 | | placement, or change of program is not unavailable to |
12 | | the respondent solely on the ground that the respondent |
13 | | does not agree with the school district's or private or |
14 | | non-public school's transfer, change of placement, or |
15 | | change of program or solely on the ground that the |
16 | | respondent fails or refuses to consent or otherwise |
17 | | does not take an action required to effectuate a |
18 | | transfer, change of placement, or change of program.
|
19 | | When a court orders a respondent to stay away from the |
20 | | public, private, or non-public school attended by the |
21 | | petitioner and the respondent requests a transfer to |
22 | | another attendance center within the respondent's |
23 | | school district or private or non-public school, the |
24 | | school district or private or non-public school shall |
25 | | have sole discretion to determine the attendance |
26 | | center to which the respondent is transferred.
In the |
|
| | HB5805 | - 293 - | LRB100 16869 SLF 32010 b |
|
|
1 | | event the court order results in a transfer of the |
2 | | minor respondent to another attendance center, a |
3 | | change in the respondent's placement, or a change of |
4 | | the respondent's program, the parents, guardian, or |
5 | | legal custodian of the respondent is responsible for |
6 | | transportation and other costs associated with the |
7 | | transfer or change. |
8 | | (C) The court may order the parents, guardian, or |
9 | | legal custodian of a minor respondent to take certain |
10 | | actions or to refrain from taking certain actions to |
11 | | ensure that the respondent complies with the order. In |
12 | | the event the court orders a transfer of the respondent |
13 | | to another school, the parents, guardian, or legal |
14 | | custodian of the respondent is responsible for |
15 | | transportation and other costs associated with the |
16 | | change of school by the respondent. |
17 | | (4) Counseling. Require or recommend the respondent to |
18 | | undergo
counseling for a specified duration with a social |
19 | | worker, psychologist,
clinical psychologist, psychiatrist, |
20 | | family service agency, alcohol or
substance abuse program, |
21 | | mental health center guidance counselor, agency
providing |
22 | | services to elders, program designed for domestic violence
|
23 | | abusers or any other guidance service the court deems |
24 | | appropriate. The Court may order the respondent in any |
25 | | intimate partner relationship to report to an Illinois |
26 | | Department of Human Services protocol approved partner |
|
| | HB5805 | - 294 - | LRB100 16869 SLF 32010 b |
|
|
1 | | abuse intervention program for an assessment and to follow |
2 | | all recommended treatment.
|
3 | | (5) Physical care and possession of the minor child. In |
4 | | order to protect
the minor child from abuse, neglect, or |
5 | | unwarranted separation from the person
who has been the |
6 | | minor child's primary caretaker, or to otherwise protect |
7 | | the
well-being of the minor child, the court may do either |
8 | | or both of the
following: (i) grant petitioner physical |
9 | | care or possession of the minor child,
or both, or (ii) |
10 | | order respondent to return a minor child to, or not remove |
11 | | a
minor child from, the physical care of a parent or person |
12 | | in loco parentis.
|
13 | | If a court finds, after a hearing, that respondent has |
14 | | committed abuse
(as defined in Section 103) of a minor |
15 | | child, there shall be a
rebuttable presumption that |
16 | | awarding physical care to respondent would not
be in the |
17 | | minor child's best interest.
|
18 | | (6) Temporary allocation of parental responsibilities: |
19 | | significant decision-making. Award temporary |
20 | | decision-making responsibility to petitioner
in accordance |
21 | | with this Section, the Illinois Marriage and Dissolution of
|
22 | | Marriage Act, the Illinois Parentage Act of 2015, and this |
23 | | State's Uniform
Child-Custody Jurisdiction and Enforcement |
24 | | Act.
|
25 | | If a court finds, after a hearing, that respondent has |
26 | | committed abuse (as
defined in Section 103) of a minor |
|
| | HB5805 | - 295 - | LRB100 16869 SLF 32010 b |
|
|
1 | | child, there shall be a rebuttable
presumption that |
2 | | awarding temporary significant decision-making |
3 | | responsibility to respondent would not be in
the child's |
4 | | best interest.
|
5 | | (7) Parenting time. Determine the parenting time, if |
6 | | any, of respondent in
any case in which the court awards |
7 | | physical care or allocates temporary significant |
8 | | decision-making responsibility of
a minor child to |
9 | | petitioner. The court shall restrict or deny respondent's |
10 | | parenting time
with a minor child if the court finds that |
11 | | respondent has done or is
likely to do any of the |
12 | | following: (i) abuse or endanger the minor child during |
13 | | parenting time; (ii) use the parenting time as an |
14 | | opportunity to abuse or harass
petitioner or petitioner's |
15 | | family or household members; (iii) improperly
conceal or |
16 | | detain the minor child; or (iv) otherwise act in a manner |
17 | | that is
not in the best interests of the minor child. The |
18 | | court shall not be limited
by the standards set forth in |
19 | | Section 603.10 of the Illinois Marriage and
Dissolution of |
20 | | Marriage Act. If the court grants parenting time, the order |
21 | | shall
specify dates and times for the parenting time to |
22 | | take place or other specific
parameters or conditions that |
23 | | are appropriate. No order for parenting time shall
refer |
24 | | merely to the term "reasonable parenting time".
|
25 | | Petitioner may deny respondent access to the minor |
26 | | child if, when
respondent arrives for parenting time, |
|
| | HB5805 | - 296 - | LRB100 16869 SLF 32010 b |
|
|
1 | | respondent is under the influence of drugs
or alcohol and |
2 | | constitutes a threat to the safety and well-being of
|
3 | | petitioner or petitioner's minor children or is behaving in |
4 | | a violent or
abusive manner.
|
5 | | If necessary to protect any member of petitioner's |
6 | | family or
household from future abuse, respondent shall be |
7 | | prohibited from coming to
petitioner's residence to meet |
8 | | the minor child for parenting time, and the
parties shall |
9 | | submit to the court their recommendations for reasonable
|
10 | | alternative arrangements for parenting time. A person may |
11 | | be approved to
supervise parenting time only after filing |
12 | | an affidavit accepting
that responsibility and |
13 | | acknowledging accountability to the court.
|
14 | | (8) Removal or concealment of minor child. Prohibit |
15 | | respondent from
removing a minor child from the State or |
16 | | concealing the child within the State.
|
17 | | (9) Order to appear. Order the respondent to appear in |
18 | | court, alone
or with a minor child, to prevent abuse, |
19 | | neglect, removal or concealment of
the child, to return the |
20 | | child to the custody or care of the petitioner or
to permit |
21 | | any court-ordered interview or examination of the child or |
22 | | the
respondent.
|
23 | | (10) Possession of personal property. Grant petitioner |
24 | | exclusive
possession of personal property and, if |
25 | | respondent has possession or
control, direct respondent to |
26 | | promptly make it available to petitioner, if:
|
|
| | HB5805 | - 297 - | LRB100 16869 SLF 32010 b |
|
|
1 | | (i) petitioner, but not respondent, owns the |
2 | | property; or
|
3 | | (ii) the parties own the property jointly; sharing |
4 | | it would risk
abuse of petitioner by respondent or is |
5 | | impracticable; and the balance of
hardships favors |
6 | | temporary possession by petitioner.
|
7 | | If petitioner's sole claim to ownership of the property |
8 | | is that it is
marital property, the court may award |
9 | | petitioner temporary possession
thereof under the |
10 | | standards of subparagraph (ii) of this paragraph only if
a |
11 | | proper proceeding has been filed under the Illinois |
12 | | Marriage and
Dissolution of Marriage Act, as now or |
13 | | hereafter amended.
|
14 | | No order under this provision shall affect title to |
15 | | property.
|
16 | | (11) Protection of property. Forbid the respondent |
17 | | from taking,
transferring, encumbering, concealing, |
18 | | damaging or otherwise disposing of
any real or personal |
19 | | property, except as explicitly authorized by the
court, if:
|
20 | | (i) petitioner, but not respondent, owns the |
21 | | property; or
|
22 | | (ii) the parties own the property jointly,
and the |
23 | | balance of hardships favors granting this remedy.
|
24 | | If petitioner's sole claim to ownership of the property |
25 | | is that it is
marital property, the court may grant |
26 | | petitioner relief under subparagraph
(ii) of this |
|
| | HB5805 | - 298 - | LRB100 16869 SLF 32010 b |
|
|
1 | | paragraph only if a proper proceeding has been filed under |
2 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
3 | | now or hereafter amended.
|
4 | | The court may further prohibit respondent from |
5 | | improperly using the
financial or other resources of an |
6 | | aged member of the family or household
for the profit or |
7 | | advantage of respondent or of any other person.
|
8 | | (11.5) Protection of animals. Grant the petitioner the |
9 | | exclusive care, custody, or control of any animal owned, |
10 | | possessed, leased, kept, or held by either the petitioner |
11 | | or the respondent or a minor child residing in the |
12 | | residence or household of either the petitioner or the |
13 | | respondent and order the respondent to stay away from the |
14 | | animal and forbid the respondent from taking, |
15 | | transferring, encumbering, concealing, harming, or |
16 | | otherwise disposing of the animal.
|
17 | | (12) Order for payment of support. Order respondent to |
18 | | pay temporary
support for the petitioner or any child in |
19 | | the petitioner's care or over whom the petitioner has been |
20 | | allocated parental responsibility, when the respondent has |
21 | | a legal obligation to support that person,
in accordance |
22 | | with the Illinois Marriage and Dissolution
of Marriage Act, |
23 | | which shall govern, among other matters, the amount of
|
24 | | support, payment through the clerk and withholding of |
25 | | income to secure
payment. An order for child support may be |
26 | | granted to a petitioner with
lawful physical care of a |
|
| | HB5805 | - 299 - | LRB100 16869 SLF 32010 b |
|
|
1 | | child, or an order or agreement for
physical care of a |
2 | | child, prior to entry of an order allocating significant |
3 | | decision-making responsibility.
Such a support order shall |
4 | | expire upon entry of a valid order allocating parental |
5 | | responsibility differently and vacating the petitioner's |
6 | | significant decision-making authority, unless otherwise |
7 | | provided in the order.
|
8 | | (13) Order for payment of losses. Order respondent to |
9 | | pay petitioner for
losses suffered as a direct result of |
10 | | the abuse, neglect, or exploitation.
Such losses shall |
11 | | include, but not be limited to, medical expenses, lost
|
12 | | earnings or other support, repair or replacement of |
13 | | property damaged or taken,
reasonable attorney's fees, |
14 | | court costs and moving or other travel expenses,
including |
15 | | additional reasonable expenses for temporary shelter and |
16 | | restaurant
meals.
|
17 | | (i) Losses affecting family needs. If a party is |
18 | | entitled to seek
maintenance, child support or |
19 | | property distribution from the other party
under the |
20 | | Illinois Marriage and Dissolution of Marriage Act, as |
21 | | now or
hereafter amended, the court may order |
22 | | respondent to reimburse petitioner's
actual losses, to |
23 | | the extent that such reimbursement would be |
24 | | "appropriate
temporary relief", as authorized by |
25 | | subsection (a)(3) of Section 501 of
that Act.
|
26 | | (ii) Recovery of expenses. In the case of an |
|
| | HB5805 | - 300 - | LRB100 16869 SLF 32010 b |
|
|
1 | | improper concealment
or removal of a minor child, the |
2 | | court may order respondent to pay the
reasonable |
3 | | expenses incurred or to be incurred in the search for |
4 | | and recovery
of the minor child, including but not |
5 | | limited to legal fees, court costs,
private |
6 | | investigator fees, and travel costs.
|
7 | | (14) Prohibition of entry. Prohibit the respondent |
8 | | from entering or
remaining in the residence or household |
9 | | while the respondent is under the
influence of alcohol or |
10 | | drugs and constitutes a threat to the safety and
well-being |
11 | | of the petitioner or the petitioner's children.
|
12 | | (14.5) Prohibition of firearm possession.
|
13 | | (a) Prohibit a respondent against whom an order of |
14 | | protection was issued from possessing any firearms |
15 | | during the duration of the order if the order: |
16 | | (1) was issued after a hearing of which such |
17 | | person received
actual notice, and at which such |
18 | | person had an opportunity to
participate; |
19 | | (2) restrains such person from harassing, |
20 | | stalking, or
threatening an intimate partner of |
21 | | such person or child of such
intimate partner or |
22 | | person, or engaging in other conduct that
would |
23 | | place an intimate partner in reasonable fear of |
24 | | bodily
injury to the partner or child; and |
25 | | (3)(i) includes a finding that such person |
26 | | represents a
credible threat to the physical |
|
| | HB5805 | - 301 - | LRB100 16869 SLF 32010 b |
|
|
1 | | safety of such intimate partner
or child; or
(ii) |
2 | | by its terms explicitly prohibits the use, |
3 | | attempted
use, or threatened use of physical force |
4 | | against such intimate
partner or child that would |
5 | | reasonably be expected to cause
bodily injury. |
6 | | Any Firearm Owner's Identification Card in the
|
7 | | possession of the respondent, except as provided in |
8 | | subsection (b), shall be ordered by the court to be |
9 | | turned
over to the local law enforcement agency. The |
10 | | local law enforcement agency shall immediately mail |
11 | | the card to the Department of State Police Firearm |
12 | | Owner's Identification Card Office
for safekeeping. |
13 | | The court shall
issue a warrant for seizure of any |
14 | | firearm in the possession of the respondent, to be kept |
15 | | by the local law enforcement agency for safekeeping, |
16 | | except as provided in subsection (b).
The period of |
17 | | safekeeping shall be for the duration of the order of |
18 | | protection. The firearm or firearms and Firearm |
19 | | Owner's Identification Card, if unexpired, shall at |
20 | | the respondent's request, be returned to the |
21 | | respondent at the end
of the order of protection. It is |
22 | | the respondent's responsibility to notify the |
23 | | Department of State Police Firearm Owner's |
24 | | Identification Card Office .
|
25 | | (b) If the respondent is a peace officer as defined |
26 | | in Section 2-13 of
the
Criminal Code of 2012, the court |
|
| | HB5805 | - 302 - | LRB100 16869 SLF 32010 b |
|
|
1 | | shall order that any firearms used by the
respondent in |
2 | | the performance of his or her duties as a
peace officer |
3 | | be surrendered to
the chief law enforcement executive |
4 | | of the agency in which the respondent is
employed, who |
5 | | shall retain the firearms for safekeeping for the |
6 | | duration of the order of protection.
|
7 | | (c) Upon expiration of the period of safekeeping, |
8 | | if the firearms or Firearm Owner's Identification Card |
9 | | cannot be returned to respondent because respondent |
10 | | cannot be located, fails to respond to requests to |
11 | | retrieve the firearms, or is not lawfully eligible to |
12 | | possess a firearm, upon petition from the local law |
13 | | enforcement agency, the court may order the local law |
14 | | enforcement agency to destroy the firearms, use the |
15 | | firearms for training purposes, or for any other |
16 | | application as deemed appropriate by the local law |
17 | | enforcement agency; or that the firearms be turned over |
18 | | to a third party who is lawfully eligible to possess |
19 | | firearms, and who does not reside with respondent. |
20 | | (15) Prohibition of access to records. If an order of |
21 | | protection
prohibits respondent from having contact with |
22 | | the minor child,
or if petitioner's address is omitted |
23 | | under subsection (b) of
Section 203, or if necessary to |
24 | | prevent abuse or wrongful removal or
concealment of a minor |
25 | | child, the order shall deny respondent access to, and
|
26 | | prohibit respondent from inspecting, obtaining, or |
|
| | HB5805 | - 303 - | LRB100 16869 SLF 32010 b |
|
|
1 | | attempting to
inspect or obtain, school or any other |
2 | | records of the minor child
who is in the care of |
3 | | petitioner.
|
4 | | (16) Order for payment of shelter services. Order |
5 | | respondent to
reimburse a shelter providing temporary |
6 | | housing and counseling services to
the petitioner for the |
7 | | cost of the services, as certified by the shelter
and |
8 | | deemed reasonable by the court.
|
9 | | (17) Order for injunctive relief. Enter injunctive |
10 | | relief necessary
or appropriate to prevent further abuse of |
11 | | a family or household member
or further abuse, neglect, or |
12 | | exploitation of a high-risk adult with
disabilities or to |
13 | | effectuate one of the granted remedies, if supported by the
|
14 | | balance of hardships. If the harm to be prevented by the |
15 | | injunction is abuse
or any other harm that one of the |
16 | | remedies listed in paragraphs (1) through
(16) of this |
17 | | subsection is designed to prevent, no further evidence is
|
18 | | necessary that the harm is an irreparable injury.
|
19 | | (18) Telephone services. |
20 | | (A) Unless a condition described in subparagraph |
21 | | (B) of this paragraph exists, the court may, upon |
22 | | request by the petitioner, order a wireless telephone |
23 | | service provider to transfer to the petitioner the |
24 | | right to continue to use a telephone number or numbers |
25 | | indicated by the petitioner and the financial |
26 | | responsibility associated with the number or numbers, |
|
| | HB5805 | - 304 - | LRB100 16869 SLF 32010 b |
|
|
1 | | as set forth in subparagraph (C) of this paragraph. For |
2 | | purposes of this paragraph (18), the term "wireless |
3 | | telephone service provider" means a provider of |
4 | | commercial mobile service as defined in 47 U.S.C. 332. |
5 | | The petitioner may request the transfer of each |
6 | | telephone number that the petitioner, or a minor child |
7 | | in his or her custody, uses. The clerk of the court |
8 | | shall serve the order on the wireless telephone service |
9 | | provider's agent for service of process provided to the |
10 | | Illinois Commerce Commission. The order shall contain |
11 | | all of the following: |
12 | | (i) The name and billing telephone number of |
13 | | the account holder including the name of the |
14 | | wireless telephone service provider that serves |
15 | | the account. |
16 | | (ii) Each telephone number that will be |
17 | | transferred. |
18 | | (iii) A statement that the provider transfers |
19 | | to the petitioner all financial responsibility for |
20 | | and right to the use of any telephone number |
21 | | transferred under this paragraph. |
22 | | (B) A wireless telephone service provider shall |
23 | | terminate the respondent's use of, and shall transfer |
24 | | to the petitioner use of, the telephone number or |
25 | | numbers indicated in subparagraph (A) of this |
26 | | paragraph unless it notifies the petitioner, within 72 |
|
| | HB5805 | - 305 - | LRB100 16869 SLF 32010 b |
|
|
1 | | hours after it receives the order, that one of the |
2 | | following applies: |
3 | | (i) The account holder named in the order has |
4 | | terminated the account. |
5 | | (ii) A difference in network technology would |
6 | | prevent or impair the functionality of a device on |
7 | | a network if the transfer occurs. |
8 | | (iii) The transfer would cause a geographic or |
9 | | other limitation on network or service provision |
10 | | to the petitioner. |
11 | | (iv) Another technological or operational |
12 | | issue would prevent or impair the use of the |
13 | | telephone number if the transfer occurs. |
14 | | (C) The petitioner assumes all financial |
15 | | responsibility for and right to the use of any |
16 | | telephone number transferred under this paragraph. In |
17 | | this paragraph, "financial responsibility" includes |
18 | | monthly service costs and costs associated with any |
19 | | mobile device associated with the number. |
20 | | (D) A wireless telephone service provider may |
21 | | apply to the petitioner its routine and customary |
22 | | requirements for establishing an account or |
23 | | transferring a number, including requiring the |
24 | | petitioner to provide proof of identification, |
25 | | financial information, and customer preferences.
|
26 | | (E) Except for willful or wanton misconduct, a |
|
| | HB5805 | - 306 - | LRB100 16869 SLF 32010 b |
|
|
1 | | wireless telephone service provider is immune from |
2 | | civil liability for its actions taken in compliance |
3 | | with a court order issued under this paragraph. |
4 | | (F) All wireless service providers that provide |
5 | | services to residential customers shall provide to the |
6 | | Illinois Commerce Commission the name and address of an |
7 | | agent for service of orders entered under this |
8 | | paragraph (18). Any change in status of the registered |
9 | | agent must be reported to the Illinois Commerce |
10 | | Commission within 30 days of such change. |
11 | | (G) The Illinois Commerce Commission shall |
12 | | maintain the list of registered agents for service for |
13 | | each wireless telephone service provider on the |
14 | | Commission's website. The Commission may consult with |
15 | | wireless telephone service providers and the Circuit |
16 | | Court Clerks on the manner in which this information is |
17 | | provided and displayed. |
18 | | (c) Relevant factors; findings.
|
19 | | (1) In determining whether to grant a specific remedy, |
20 | | other than
payment of support, the court shall consider
|
21 | | relevant factors, including but not limited to the |
22 | | following:
|
23 | | (i) the nature, frequency, severity, pattern and |
24 | | consequences of the
respondent's past abuse, neglect |
25 | | or exploitation of the petitioner or
any family or |
26 | | household member, including the concealment of his or |
|
| | HB5805 | - 307 - | LRB100 16869 SLF 32010 b |
|
|
1 | | her
location in order to evade service of process or |
2 | | notice, and the likelihood of
danger of future abuse, |
3 | | neglect, or exploitation to petitioner or any member of
|
4 | | petitioner's or respondent's family or household; and
|
5 | | (ii) the danger that any minor child will be abused |
6 | | or neglected or
improperly relocated from the |
7 | | jurisdiction, improperly concealed within the
State or |
8 | | improperly separated from the child's primary |
9 | | caretaker.
|
10 | | (2) In comparing relative hardships resulting to the |
11 | | parties from loss
of possession of the family home, the |
12 | | court shall consider relevant
factors, including but not |
13 | | limited to the following:
|
14 | | (i) availability, accessibility, cost, safety, |
15 | | adequacy, location and
other characteristics of |
16 | | alternate housing for each party and any minor child
or |
17 | | dependent adult in the party's care;
|
18 | | (ii) the effect on the party's employment; and
|
19 | | (iii) the effect on the relationship of the party, |
20 | | and any minor
child or dependent adult in the party's |
21 | | care, to family, school, church
and community.
|
22 | | (3) Subject to the exceptions set forth in paragraph |
23 | | (4) of this
subsection, the court shall make its findings |
24 | | in an official record or in
writing, and shall at a minimum |
25 | | set forth the following:
|
26 | | (i) That the court has considered the applicable |
|
| | HB5805 | - 308 - | LRB100 16869 SLF 32010 b |
|
|
1 | | relevant factors
described in paragraphs (1) and (2) of |
2 | | this subsection.
|
3 | | (ii) Whether the conduct or actions of respondent, |
4 | | unless
prohibited, will likely cause irreparable harm |
5 | | or continued abuse.
|
6 | | (iii) Whether it is necessary to grant the |
7 | | requested relief in order
to protect petitioner or |
8 | | other alleged abused persons.
|
9 | | (4) For purposes of issuing an ex parte emergency order |
10 | | of protection,
the court, as an alternative to or as a |
11 | | supplement to making the findings
described in paragraphs |
12 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use |
13 | | the following procedure:
|
14 | | When a verified petition for an emergency order of |
15 | | protection in
accordance with the requirements of Sections |
16 | | 203 and 217 is
presented to the court, the court shall |
17 | | examine petitioner on oath or
affirmation. An emergency |
18 | | order of protection shall be issued by the court
if it |
19 | | appears from the contents of the petition and the |
20 | | examination of
petitioner that the averments are |
21 | | sufficient to indicate abuse by
respondent and to support |
22 | | the granting of relief under the issuance of the
emergency |
23 | | order of protection.
|
24 | | (5) Never married parties. No rights or |
25 | | responsibilities for a minor
child born outside of marriage |
26 | | attach to a putative father until a father and
child |
|
| | HB5805 | - 309 - | LRB100 16869 SLF 32010 b |
|
|
1 | | relationship has been established under the Illinois |
2 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
3 | | the Illinois Public Aid Code, Section 12 of the Vital |
4 | | Records Act, the
Juvenile Court Act of 1987, the Probate |
5 | | Act of 1975 1985 , the Revised Uniform
Reciprocal |
6 | | Enforcement of Support Act, the Uniform Interstate Family |
7 | | Support
Act, the Expedited Child Support Act of 1990, any |
8 | | judicial, administrative, or
other act of another state or |
9 | | territory, any other Illinois statute, or by any
foreign |
10 | | nation establishing the father and child relationship, any |
11 | | other
proceeding substantially in conformity with the |
12 | | Personal Responsibility and
Work Opportunity |
13 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where both
|
14 | | parties appeared in open court or at an administrative |
15 | | hearing acknowledging
under
oath or admitting by |
16 | | affirmation the existence of a father and child
|
17 | | relationship.
Absent such an adjudication, finding, or |
18 | | acknowledgment acknowledgement , no putative
father shall |
19 | | be granted
temporary allocation of parental |
20 | | responsibilities, including parenting time with the minor |
21 | | child, or
physical care and possession of the minor child, |
22 | | nor shall an order of payment
for support of the minor |
23 | | child be entered.
|
24 | | (d) Balance of hardships; findings. If the court finds that |
25 | | the balance
of hardships does not support the granting of a |
26 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of |
|
| | HB5805 | - 310 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (b) of this Section,
which may require such |
2 | | balancing, the court's findings shall so
indicate and shall |
3 | | include a finding as to whether granting the remedy will
result |
4 | | in hardship to respondent that would substantially outweigh the |
5 | | hardship
to petitioner from denial of the remedy. The findings |
6 | | shall be an official
record or in writing.
|
7 | | (e) Denial of remedies. Denial of any remedy shall not be |
8 | | based, in
whole or in part, on evidence that:
|
9 | | (1) Respondent has cause for any use of force, unless |
10 | | that cause
satisfies the standards for justifiable use of |
11 | | force provided by Article
7 of the Criminal Code of 2012;
|
12 | | (2) Respondent was voluntarily intoxicated;
|
13 | | (3) Petitioner acted in self-defense or defense of |
14 | | another, provided
that, if petitioner utilized force, such |
15 | | force was justifiable under
Article 7 of the Criminal Code |
16 | | of 2012;
|
17 | | (4) Petitioner did not act in self-defense or defense |
18 | | of another;
|
19 | | (5) Petitioner left the residence or household to avoid |
20 | | further abuse,
neglect, or exploitation by respondent;
|
21 | | (6) Petitioner did not leave the residence or household |
22 | | to avoid further
abuse, neglect, or exploitation by |
23 | | respondent;
|
24 | | (7) Conduct by any family or household member excused |
25 | | the abuse,
neglect, or exploitation by respondent, unless |
26 | | that same conduct would have
excused such abuse, neglect, |
|
| | HB5805 | - 311 - | LRB100 16869 SLF 32010 b |
|
|
1 | | or exploitation if the parties had not been
family or |
2 | | household members.
|
3 | | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, |
4 | | eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
|
5 | | Section 115. The Revised Uniform Unclaimed Property Act is |
6 | | amended by changing Section 15-705 as follows: |
7 | | (765 ILCS 1026/15-705)
|
8 | | Sec. 15-705. Exceptions to the sale of tangible property. |
9 | | The administrator shall dispose of tangible property |
10 | | identified by this Section in accordance with this Section. |
11 | | (a) Military medals or decorations. The administrator may |
12 | | not sell a medal or decoration awarded for military service in |
13 | | the armed forces of the United States. Instead, the |
14 | | administrator, with the consent of the respective organization |
15 | | under paragraph (1), agency under paragraph (2), or entity |
16 | | under paragraph (3), may deliver a medal or decoration to be |
17 | | held in custody for the owner, to: |
18 | | (1) a military veterans organization qualified under |
19 | | Section 501(c)(19) of the Internal Revenue Code; |
20 | | (2) the agency that awarded the medal or decoration; or |
21 | | (3) a governmental entity. |
22 | | After delivery, the administrator is not responsible for |
23 | | the safekeeping of the medal or decoration. |
24 | | (b) Property with historical value. Property that the |
|
| | HB5805 | - 312 - | LRB100 16869 SLF 32010 b |
|
|
1 | | administrator reasonably believes may have historical value |
2 | | may be, at his or her discretion, loaned to an accredited |
3 | | museum in the United States where it will be kept until such |
4 | | time as the administrator orders it to be returned to his or |
5 | | her custody. |
6 | | (c) Human remains. If human remains are delivered to the |
7 | | administrator under this Act, the administrator shall deliver |
8 | | those human remains to the coroner of the county in which the |
9 | | human remains were abandoned for disposition under Section |
10 | | 3-3034 of the Counties Code. The only human remains that may be |
11 | | delivered to the administrator under this Act and that the |
12 | | administrator may receive are those that are reported and |
13 | | delivered as contents of a safe deposit box. |
14 | | (d) Evidence in a criminal investigation. Property that may |
15 | | have been used in the commission of a crime or that may assist |
16 | | in the investigation of a crime, as determined after consulting |
17 | | with the Department of State Police, shall be delivered to the |
18 | | Department of State Police or other appropriate law enforcement |
19 | | authority to allow law enforcement to determine whether a |
20 | | criminal investigation should take place. Any such property |
21 | | delivered to a law enforcement authority shall be held in |
22 | | accordance with existing statutes and rules related to the |
23 | | gathering, retention, and release of evidence. |
24 | | (e) Firearms. |
25 | | (1) The administrator, in cooperation with the |
26 | | Department of State Police, shall develop a procedure to |
|
| | HB5805 | - 313 - | LRB100 16869 SLF 32010 b |
|
|
1 | | determine whether a firearm delivered to the administrator |
2 | | under this Act has been stolen or used in the commission of |
3 | | a crime. The Department of State Police shall determine the |
4 | | appropriate disposition of a firearm that has been stolen |
5 | | or used in the commission of a crime. The administrator |
6 | | shall attempt to return a firearm that has not been stolen |
7 | | or used in the commission of a crime to the rightful owner |
8 | | if the Department of State Police determines that the owner |
9 | | may lawfully possess the firearm. |
10 | | (2) If the administrator is unable to return a firearm |
11 | | to its owner, the administrator shall transfer custody of |
12 | | the firearm to the Department of State Police. Legal title |
13 | | to a firearm transferred to the Department of State Police |
14 | | under this subsection (e) is vested in the Department of |
15 | | State Police by operation of law if: |
16 | | (i) the administrator cannot locate the owner of |
17 | | the firearm; |
18 | | (ii) the owner of the firearm may not lawfully |
19 | | possess the firearm; |
20 | | (iii) the apparent owner does not respond to notice |
21 | | published under Section 15-503 of this Act; or |
22 | | (iv) the apparent owner responds to notice |
23 | | published under Section 15-502 and states that he or |
24 | | she no longer claims an interest in the firearm. |
25 | | (3) With respect to a firearm whose title is |
26 | | transferred to the Department of State Police under this |
|
| | HB5805 | - 314 - | LRB100 16869 SLF 32010 b |
|
|
1 | | subsection (e), the Department of State Police may: |
2 | | (i) retain the firearm for use by the crime |
3 | | laboratory system, for training purposes, or for any |
4 | | other application as deemed appropriate by the |
5 | | Department; |
6 | | (ii) transfer the firearm to the Illinois State |
7 | | Museum if the firearm has historical value; or |
8 | | (iii) destroy the firearm if it is not retained |
9 | | pursuant to subparagraph (i) or transferred pursuant |
10 | | to subparagraph (ii). |
11 | | As used in this subsection, "firearm" has the meaning |
12 | | provided in Section 2-7.5 of the Criminal Code of 2012 the |
13 | | Firearm Owners Identification Card Act .
|
14 | | (Source: P.A. 100-22, eff. 1-1-18 .) |
15 | | Section 995. No acceleration or delay. Where this Act makes |
16 | | changes in a statute that is represented in this Act by text |
17 | | that is not yet or no longer in effect (for example, a Section |
18 | | represented by multiple versions), the use of that text does |
19 | | not accelerate or delay the taking effect of (i) the changes |
20 | | made by this Act or (ii) provisions derived from any other |
21 | | Public Act. |
22 | | Section 999. Effective date. This Act takes effect upon |
23 | | becoming law.
|
| | | HB5805 | - 315 - | LRB100 16869 SLF 32010 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 140/7.5 | | | 4 | | 20 ILCS 2605/2605-45 | was 20 ILCS 2605/55a-5 | | 5 | | 20 ILCS 2605/2605-300 | was 20 ILCS 2605/55a in part | | 6 | | 20 ILCS 2605/2605-595 | | | 7 | | 20 ILCS 2605/2605-120 rep. | | | 8 | | 20 ILCS 2630/2.2 | | | 9 | | 30 ILCS 105/6z-99 | | | 10 | | 50 ILCS 710/1 | from Ch. 85, par. 515 | | 11 | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | | 12 | | 105 ILCS 5/10-27.1A | | | 13 | | 105 ILCS 5/34-8.05 | | | 14 | | 225 ILCS 210/2005 | from Ch. 96 1/2, par. 1-2005 | | 15 | | 225 ILCS 447/35-30 | | | 16 | | 225 ILCS 447/35-35 | | | 17 | | 405 ILCS 5/6-103.1 | | | 18 | | 405 ILCS 5/6-103.2 | | | 19 | | 405 ILCS 5/6-103.3 | | | 20 | | 410 ILCS 45/2 | from Ch. 111 1/2, par. 1302 | | 21 | | 430 ILCS 65/Act rep. | | | 22 | | 430 ILCS 66/25 | | | 23 | | 430 ILCS 66/30 | | | 24 | | 430 ILCS 66/40 | | | 25 | | 430 ILCS 66/70 | | |
| | | HB5805 | - 316 - | LRB100 16869 SLF 32010 b |
|
| 1 | | 430 ILCS 66/80 | | | 2 | | 430 ILCS 66/105 | | | 3 | | 520 ILCS 5/3.2 | from Ch. 61, par. 3.2 | | 4 | | 520 ILCS 5/3.2a | from Ch. 61, par. 3.2a | | 5 | | 705 ILCS 105/27.3a | | | 6 | | 720 ILCS 5/2-7.1 | | | 7 | | 720 ILCS 5/2-7.5 | | | 8 | | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | | 9 | | 720 ILCS 5/16-0.1 | | | 10 | | 720 ILCS 5/17-30 | was 720 ILCS 5/16C-2 | | 11 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | | 12 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | | 13 | | 720 ILCS 5/24-1.6 | | | 14 | | 720 ILCS 5/24-1.8 | | | 15 | | 720 ILCS 5/24-2 | | | 16 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | | 17 | | 720 ILCS 5/24-3.1 | from Ch. 38, par. 24-3.1 | | 18 | | 720 ILCS 5/24-3.2 | from Ch. 38, par. 24-3.2 | | 19 | | 720 ILCS 5/24-3.4 | from Ch. 38, par. 24-3.4 | | 20 | | 720 ILCS 5/24-3.5 | | | 21 | | 720 ILCS 5/24-4.1 | | | 22 | | 720 ILCS 5/24-4.5 new | | | 23 | | 720 ILCS 5/24-9 | | | 24 | | 720 ILCS 646/10 | | | 25 | | 725 ILCS 5/110-10 | from Ch. 38, par. 110-10 | | 26 | | 725 ILCS 5/112A-11.1 | | |
| | | HB5805 | - 317 - | LRB100 16869 SLF 32010 b |
|
| 1 | | 725 ILCS 5/112A-11.2 | | | 2 | | 725 ILCS 5/112A-14 | from Ch. 38, par. 112A-14 | | 3 | | 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 | | 4 | | 730 ILCS 5/5-5-3.2 | | | 5 | | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | | 6 | | 740 ILCS 21/80 | | | 7 | | 740 ILCS 110/12 | from Ch. 91 1/2, par. 812 | | 8 | | 750 ILCS 60/214 | from Ch. 40, par. 2312-14 | | 9 | | 765 ILCS 1026/15-705 | |
|
|