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1 | AN ACT concerning firearms, which may be referred to as the | ||||||||||||||||||||||||
2 | Constitutional Right to Carry a Firearm Act.
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3 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
4 | represented in the General Assembly:
| ||||||||||||||||||||||||
5 | Section 5. The Freedom of Information Act is amended by | ||||||||||||||||||||||||
6 | changing Section 7.5 as follows: | ||||||||||||||||||||||||
7 | (5 ILCS 140/7.5) | ||||||||||||||||||||||||
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 under | ||||||||||||||||||||||||
12 | Section 4002 of the Technology Advancement and Development Act. | ||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | ||||||||||||||||||||||||
14 | library users with specific materials under the Library Records | ||||||||||||||||||||||||
15 | Confidentiality Act. | ||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical records | ||||||||||||||||||||||||
17 | received by the Experimental Organ Transplantation Procedures | ||||||||||||||||||||||||
18 | Board and any and all documents or other records prepared by | ||||||||||||||||||||||||
19 | the Experimental Organ Transplantation Procedures Board or its | ||||||||||||||||||||||||
20 | staff relating to applications it has received. | ||||||||||||||||||||||||
21 | (d) Information and records held by the Department of | ||||||||||||||||||||||||
22 | Public Health and its authorized representatives relating to | ||||||||||||||||||||||||
23 | known or suspected cases of sexually transmissible disease or |
| |||||||
| |||||||
1 | any information the disclosure of which is restricted under the | ||||||
2 | Illinois Sexually Transmissible Disease Control Act. | ||||||
3 | (e) Information the disclosure of which is exempted under | ||||||
4 | Section 30 of the Radon Industry Licensing Act. | ||||||
5 | (f) Firm performance evaluations under Section 55 of the | ||||||
6 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
7 | Based Selection Act. | ||||||
8 | (g) Information the disclosure of which is restricted and | ||||||
9 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
10 | (h) Information the disclosure of which is exempted under | ||||||
11 | the State Officials and Employees Ethics Act, and records of | ||||||
12 | any lawfully created State or local inspector general's office | ||||||
13 | that would be exempt if created or obtained by an Executive | ||||||
14 | Inspector General's office under that Act. | ||||||
15 | (i) Information contained in a local emergency energy plan | ||||||
16 | submitted to a municipality in accordance with a local | ||||||
17 | emergency energy plan ordinance that is adopted under Section | ||||||
18 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
19 | (j) Information and data concerning the distribution of | ||||||
20 | surcharge moneys collected and remitted by wireless carriers | ||||||
21 | under the Wireless Emergency Telephone Safety Act. | ||||||
22 | (k) Law enforcement officer identification information or | ||||||
23 | driver identification information compiled by a law | ||||||
24 | enforcement agency or the Department of Transportation under | ||||||
25 | Section 11-212 of the Illinois Vehicle Code. | ||||||
26 | (l) Records and information provided to a residential |
| |||||||
| |||||||
1 | health care facility resident sexual assault and death review | ||||||
2 | team or the Executive Council under the Abuse Prevention Review | ||||||
3 | Team Act. | ||||||
4 | (m) Information provided to the predatory lending database | ||||||
5 | created pursuant to Article 3 of the Residential Real Property | ||||||
6 | Disclosure Act, except to the extent authorized under that | ||||||
7 | Article. | ||||||
8 | (n) Defense budgets and petitions for certification of | ||||||
9 | compensation and expenses for court appointed trial counsel as | ||||||
10 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
11 | Litigation Act. This subsection (n) shall apply until the | ||||||
12 | conclusion of the trial of the case, even if the prosecution | ||||||
13 | chooses not to pursue the death penalty prior to trial or | ||||||
14 | sentencing. | ||||||
15 | (o) Information that is prohibited from being disclosed | ||||||
16 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
17 | Registry Act. | ||||||
18 | (p) Security portions of system safety program plans, | ||||||
19 | investigation reports, surveys, schedules, lists, data, or | ||||||
20 | information compiled, collected, or prepared by or for the | ||||||
21 | Regional Transportation Authority under Section 2.11 of the | ||||||
22 | Regional Transportation Authority Act or the St. Clair County | ||||||
23 | Transit District under the Bi-State Transit Safety Act. | ||||||
24 | (q) Information prohibited from being disclosed by the | ||||||
25 | Personnel Records Review Act. | ||||||
26 | (r) Information prohibited from being disclosed by the |
| |||||||
| |||||||
1 | Illinois School Student Records Act. | ||||||
2 | (s) Information the disclosure of which is restricted under | ||||||
3 | Section 5-108 of the Public Utilities Act.
| ||||||
4 | (t) All identified or deidentified health information in | ||||||
5 | the form of health data or medical records contained in, stored | ||||||
6 | in, submitted to, transferred by, or released from the Illinois | ||||||
7 | Health Information Exchange, and identified or deidentified | ||||||
8 | health information in the form of health data and medical | ||||||
9 | records of the Illinois Health Information Exchange in the | ||||||
10 | possession of the Illinois Health Information Exchange | ||||||
11 | Authority due to its administration of the Illinois Health | ||||||
12 | Information Exchange. The terms "identified" and | ||||||
13 | "deidentified" shall be given the same meaning as in the Health | ||||||
14 | Insurance Accountability and Portability Act of 1996, Public | ||||||
15 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
16 | regulations promulgated thereunder. | ||||||
17 | (u) Records and information provided to an independent team | ||||||
18 | of experts under Brian's Law. | ||||||
19 | (v) Names and information of people who have applied for or | ||||||
20 | received Firearm Owner's Identification Cards under the | ||||||
21 | Firearm Owners Identification Card Act before the effective | ||||||
22 | date of this amendatory Act of the 98th General Assembly . | ||||||
23 | (w) Personally identifiable information which is exempted | ||||||
24 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
25 | Toll Highway Act. | ||||||
26 | (x) Information which is exempted from disclosure under |
| |||||||
| |||||||
1 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
2 | Illinois Municipal Code. | ||||||
3 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
4 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
5 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
6 | eff. 1-1-13.) | ||||||
7 | Section 10. The Secretary of State Merit Employment Code is | ||||||
8 | amended by changing Section 10b.1 as follows:
| ||||||
9 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
| ||||||
10 | Sec. 10b.1. Competitive examinations.
| ||||||
11 | (a) For open competitive
examinations to test the relative | ||||||
12 | fitness of applicants for the
respective positions. Tests shall | ||||||
13 | be designed to eliminate those who
are not qualified for | ||||||
14 | entrance into the Office of the Secretary of State
and to | ||||||
15 | discover the relative fitness of those who are qualified. The
| ||||||
16 | Director may use any one of or any combination of the following
| ||||||
17 | examination methods which in his judgment best serves this end:
| ||||||
18 | investigation of education and experience; test of cultural | ||||||
19 | knowledge;
test of capacity; test of knowledge; test of manual | ||||||
20 | skill; test of
linguistic ability; test of character; test of | ||||||
21 | physical skill; test of
psychological fitness. No person with a | ||||||
22 | record of misdemeanor
convictions except those under Sections | ||||||
23 | 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, | ||||||
24 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-0.1, |
| |||||||
| |||||||
1 | 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, | ||||||
2 | 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of | ||||||
3 | Section 11-14.3,
and sub-sections 1, 6 and 8 of Section 24-1 of | ||||||
4 | the Criminal Code of
1961 or the Criminal Code of 2012, or | ||||||
5 | arrested for any cause but not convicted thereon shall be
| ||||||
6 | disqualified from taking such examinations or subsequent | ||||||
7 | appointment
unless the person is attempting to qualify for a | ||||||
8 | position which would
give him the powers of a peace officer, in | ||||||
9 | which case the person's
conviction or arrest record may be | ||||||
10 | considered as a factor in determining
the person's fitness for | ||||||
11 | the position. All examinations shall be
announced publicly at | ||||||
12 | least 2 weeks in advance of the date of
examinations and may be | ||||||
13 | advertised through the press, radio or other
media.
| ||||||
14 | The Director may, at his discretion, accept the results of
| ||||||
15 | competitive examinations conducted by any merit system | ||||||
16 | established by
Federal law or by the law of any State, and may | ||||||
17 | compile eligible lists
therefrom or may add the names of | ||||||
18 | successful candidates in examinations
conducted by those merit | ||||||
19 | systems to existing eligible lists in
accordance with their | ||||||
20 | respective ratings. No person who is a
non-resident of the | ||||||
21 | State of Illinois may be appointed from those
eligible lists, | ||||||
22 | however, unless the requirement that applicants be
residents of | ||||||
23 | the State of Illinois is waived by the Director of
Personnel | ||||||
24 | and unless there are less than 3 Illinois residents available
| ||||||
25 | for appointment from the appropriate eligible list. The results | ||||||
26 | of the
examinations conducted by other merit systems may not be |
| |||||||
| |||||||
1 | used unless
they are comparable in difficulty and | ||||||
2 | comprehensiveness to examinations
conducted by the Department | ||||||
3 | of Personnel for similar positions. Special
linguistic options | ||||||
4 | may also be established where deemed appropriate.
| ||||||
5 | (b) The Director of Personnel may require that each person | ||||||
6 | seeking
employment with the Secretary of State, as part of the | ||||||
7 | application
process, authorize an investigation to determine | ||||||
8 | if the applicant has
ever been convicted of a crime and if so, | ||||||
9 | the disposition of those
convictions; this authorization shall | ||||||
10 | indicate the scope of the inquiry
and the agencies which may be | ||||||
11 | contacted. Upon this authorization, the
Director of Personnel | ||||||
12 | may request and receive information and assistance
from any | ||||||
13 | federal, state or local governmental agency as part of the
| ||||||
14 | authorized investigation. The investigation shall be | ||||||
15 | undertaken after the
fingerprinting of an applicant in the form | ||||||
16 | and manner prescribed by the
Department of State Police. The | ||||||
17 | investigation shall consist of a criminal
history records check | ||||||
18 | performed by the Department of State Police and the
Federal | ||||||
19 | Bureau of Investigation, or some other entity that has the | ||||||
20 | ability to
check the applicant's fingerprints against the | ||||||
21 | fingerprint records now and
hereafter filed in the Department | ||||||
22 | of State Police and Federal Bureau of
Investigation criminal | ||||||
23 | history records databases. If the Department of State
Police | ||||||
24 | and the Federal Bureau of Investigation
conduct an | ||||||
25 | investigation directly for the Secretary of State's Office, | ||||||
26 | then
the Department of State Police shall charge a fee for |
| |||||||
| |||||||
1 | conducting the criminal
history records check, which shall be | ||||||
2 | deposited in the State Police Services
Fund and shall not | ||||||
3 | exceed the actual cost of the records check. The
Department of | ||||||
4 | State Police shall
provide information concerning any criminal | ||||||
5 | convictions, and their
disposition, brought against the | ||||||
6 | applicant or prospective employee of
the Secretary of State | ||||||
7 | upon request of the Department of Personnel when
the request is | ||||||
8 | made in the form and manner required by the Department of
State | ||||||
9 | Police. The information derived from this investigation,
| ||||||
10 | including the source of this information, and any conclusions | ||||||
11 | or
recommendations derived from this information by the | ||||||
12 | Director of
Personnel shall be provided to the applicant or | ||||||
13 | prospective employee, or
his designee, upon request to the | ||||||
14 | Director of Personnel prior to any
final action by the Director | ||||||
15 | of Personnel on the application. No
information obtained from | ||||||
16 | such investigation may be placed in any
automated information | ||||||
17 | system. Any criminal convictions and their
disposition | ||||||
18 | information obtained by the Director of Personnel shall be
| ||||||
19 | confidential and may not be transmitted outside the Office of | ||||||
20 | the
Secretary of State, except as required herein, and may not | ||||||
21 | be
transmitted to anyone within the Office of the Secretary of | ||||||
22 | State except
as needed for the purpose of evaluating the | ||||||
23 | application. The only
physical identity materials which the | ||||||
24 | applicant or prospective employee
can be required to provide | ||||||
25 | the Director of Personnel are photographs or
fingerprints; | ||||||
26 | these shall be returned to the applicant or prospective
|
| |||||||
| |||||||
1 | employee upon request to the Director of Personnel, after the
| ||||||
2 | investigation has been completed and no copy of these materials | ||||||
3 | may be
kept by the Director of Personnel or any agency to which | ||||||
4 | such identity
materials were transmitted. Only information and | ||||||
5 | standards which bear a
reasonable and rational relation to the | ||||||
6 | performance of an employee shall
be used by the Director of | ||||||
7 | Personnel. The Secretary of State shall
adopt rules and | ||||||
8 | regulations for the administration of this Section. Any
| ||||||
9 | employee of the Secretary of State who gives or causes to be | ||||||
10 | given away
any confidential information concerning any | ||||||
11 | criminal convictions and
their disposition of an applicant or | ||||||
12 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
13 | unless release of such information is
authorized by this | ||||||
14 | Section.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
16 | Section 15. The Comptroller Merit Employment Code is | ||||||
17 | amended by changing Section 10b.1 as follows:
| ||||||
18 | (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
| ||||||
19 | Sec. 10b.1. Competitive examinations. For open competitive | ||||||
20 | examinations
to test the relative fitness of applicants for the | ||||||
21 | respective positions.
Tests shall be designed to eliminate | ||||||
22 | those who are not qualified for entrance
into the Office of the | ||||||
23 | Comptroller and to discover the relative fitness
of those who | ||||||
24 | are qualified. The Director may use any one of or any |
| |||||||
| |||||||
1 | combination
of the following examination methods which in his | ||||||
2 | judgment best serves this
end: investigation of education and | ||||||
3 | experience; test of cultural knowledge;
test of capacity; test | ||||||
4 | of knowledge; test of manual skill; test of linguistic
ability; | ||||||
5 | test of character; test of physical skill; test of | ||||||
6 | psychological
fitness. No person with a record of misdemeanor | ||||||
7 | convictions except those
under Sections 11-1.50, 11-6, 11-7, | ||||||
8 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, | ||||||
9 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, | ||||||
10 | 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
11 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
12 | sub-sections 1, 6 and
8 of Section 24-1 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012, or arrested for any cause
| ||||||
14 | but not convicted thereon shall be disqualified
from taking | ||||||
15 | such examinations or subsequent appointment unless the person
| ||||||
16 | is attempting to qualify for a position which entails financial
| ||||||
17 | responsibilities,
in which case the person's conviction or | ||||||
18 | arrest record
may be considered as a factor in determining the | ||||||
19 | person's fitness for the
position. All examinations shall be | ||||||
20 | announced publicly at least 2 weeks
in advance of the date of | ||||||
21 | examinations and may be advertised through the
press, radio or | ||||||
22 | other media.
| ||||||
23 | The Director may, at his or her discretion, accept the | ||||||
24 | results of
competitive examinations
conducted by any merit | ||||||
25 | system established by Federal law or by the law of
any State, | ||||||
26 | and may compile eligible lists therefrom or may add the names
|
| |||||||
| |||||||
1 | of successful candidates in examinations conducted by those | ||||||
2 | merit systems
to existing eligible lists in accordance with | ||||||
3 | their respective ratings.
No person who is a non-resident of | ||||||
4 | the State of Illinois may be appointed
from those eligible | ||||||
5 | lists, however, unless the requirement that applicants
be | ||||||
6 | residents of the State of Illinois is waived by the Director of | ||||||
7 | Human
Resources
and unless there are less than 3 Illinois | ||||||
8 | residents available for appointment
from the appropriate | ||||||
9 | eligible list. The results of the examinations conducted
by | ||||||
10 | other merit systems may not be used unless they are comparable | ||||||
11 | in difficulty
and comprehensiveness to examinations conducted | ||||||
12 | by the Department of Human
Resources
for similar positions. | ||||||
13 | Special linguistic options may also be established
where deemed | ||||||
14 | appropriate.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
16 | Section 20. The Personnel Code is amended by changing | ||||||
17 | Section 8b.1 as follows:
| ||||||
18 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
19 | Sec. 8b.1. For open competitive
examinations to test the | ||||||
20 | relative fitness of
applicants for the respective positions.
| ||||||
21 | Tests shall be designed to eliminate those who are not | ||||||
22 | qualified for
entrance into or promotion within the service, | ||||||
23 | and to discover the relative
fitness of those who are | ||||||
24 | qualified. The Director may use any one of or any
combination |
| |||||||
| |||||||
1 | of the following examination methods which in his judgment best
| ||||||
2 | serves this end: investigation of education; investigation of | ||||||
3 | experience;
test of cultural knowledge; test of capacity; test | ||||||
4 | of knowledge; test of
manual skill; test of linguistic ability; | ||||||
5 | test of character; test of
physical fitness; test of | ||||||
6 | psychological fitness. No person with a record of
misdemeanor | ||||||
7 | convictions except those under Sections 11-1.50, 11-6, 11-7, | ||||||
8 | 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, | ||||||
9 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1,
24-5, 25-1, | ||||||
10 | 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
11 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
| ||||||
12 | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012, or
arrested for any cause | ||||||
14 | but not convicted thereon shall be disqualified from
taking | ||||||
15 | such examinations or subsequent appointment, unless the person | ||||||
16 | is
attempting to qualify for a position which would give him | ||||||
17 | the powers of a
peace officer, in which case the person's | ||||||
18 | conviction or arrest record may
be considered as a factor in | ||||||
19 | determining the person's fitness for the
position. The | ||||||
20 | eligibility conditions specified for the position of
Assistant | ||||||
21 | Director of Healthcare and Family Services in the Department of | ||||||
22 | Healthcare and Family Services in Section
5-230 of the | ||||||
23 | Departments of State Government Law (20 ILCS
5/5-230) shall be | ||||||
24 | applied to that position in addition to other
standards, tests | ||||||
25 | or criteria established by the Director. All examinations
shall | ||||||
26 | be announced publicly at least 2 weeks in advance of the date |
| |||||||
| |||||||
1 | of the
examinations and may be advertised through the press, | ||||||
2 | radio and other
media. The Director may, however, in his | ||||||
3 | discretion, continue to receive
applications and examine | ||||||
4 | candidates long enough to assure a sufficient
number of | ||||||
5 | eligibles to meet the needs of the service and may add the | ||||||
6 | names
of successful candidates to existing eligible lists in | ||||||
7 | accordance with
their respective ratings.
| ||||||
8 | The Director may, in his discretion, accept the results of | ||||||
9 | competitive
examinations conducted by any merit system | ||||||
10 | established by federal law or by
the law of any State, and may | ||||||
11 | compile eligible lists therefrom or may add
the names of | ||||||
12 | successful candidates in examinations conducted by those merit
| ||||||
13 | systems to existing eligible lists in accordance with their | ||||||
14 | respective
ratings. No person who is a non-resident of the | ||||||
15 | State of Illinois may be
appointed from those eligible lists, | ||||||
16 | however, unless the requirement that
applicants be residents of | ||||||
17 | the State of Illinois is waived by the Director
of Central | ||||||
18 | Management Services and unless there are less than 3 Illinois
| ||||||
19 | residents available
for appointment from the appropriate | ||||||
20 | eligible list. The results of the
examinations conducted by | ||||||
21 | other merit systems may not be used unless they
are comparable | ||||||
22 | in difficulty and comprehensiveness to examinations
conducted | ||||||
23 | by the Department of Central Management Services
for similar | ||||||
24 | positions. Special
linguistic options may also be established | ||||||
25 | where deemed appropriate.
| ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | Section 25. The Department of State Police Law of the
Civil | ||||||
2 | Administrative Code of Illinois is amended by changing Section | ||||||
3 | 2605-45 as follows:
| ||||||
4 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
5 | Sec. 2605-45. Division of Administration. The Division of
| ||||||
6 | Administration shall exercise the
following functions:
| ||||||
7 | (1) Exercise the rights, powers, and duties vested in | ||||||
8 | the
Department
by the
Governor's Office of Management and | ||||||
9 | Budget Act.
| ||||||
10 | (2) Pursue research and the publication of studies | ||||||
11 | pertaining
to local
law enforcement activities.
| ||||||
12 | (3) Exercise the rights, powers, and duties vested in | ||||||
13 | the
Department
by the Personnel Code.
| ||||||
14 | (4) Operate an electronic data processing and computer | ||||||
15 | center
for the
storage and retrieval of data pertaining to | ||||||
16 | criminal activity.
| ||||||
17 | (5) Exercise the rights, powers, and duties vested in
| ||||||
18 | the former Division of
State Troopers by Section 17 of the | ||||||
19 | State Police
Act.
| ||||||
20 | (6) Exercise the rights, powers, and duties vested in
| ||||||
21 | the Department
by "An Act relating to internal auditing in | ||||||
22 | State government", approved
August 11, 1967 (repealed; now | ||||||
23 | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| ||||||
24 | (6.5) (Blank). Exercise the rights, powers, and duties |
| |||||||
| |||||||
1 | vested in the Department
by the Firearm Owners | ||||||
2 | Identification Card Act.
| ||||||
3 | (7) Exercise other duties that may be assigned
by the | ||||||
4 | Director to
fulfill the responsibilities and achieve the | ||||||
5 | purposes of the Department.
| ||||||
6 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
7 | (20 ILCS 2605/2605-120 rep.)
| ||||||
8 | Section 30. The Department of State Police Law of the
Civil | ||||||
9 | Administrative Code of Illinois is amended by repealing Section | ||||||
10 | 2605-120. | ||||||
11 | Section 35. The Criminal Identification Act is amended by | ||||||
12 | changing Section 2.2 as follows: | ||||||
13 | (20 ILCS 2630/2.2) | ||||||
14 | Sec. 2.2. Notification to the Department. Upon judgment of | ||||||
15 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
16 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012 when the
defendant has been determined, under | ||||||
18 | pursuant to Section 112A-11.1 of the Code of Criminal Procedure | ||||||
19 | of 1963,
to be subject to the prohibitions of 18 U.S.C. | ||||||
20 | 922(g)(9), the circuit court clerk shall
include notification | ||||||
21 | and a copy of the written determination in a report
of the | ||||||
22 | conviction to the Department of State Police Firearm Owner's | ||||||
23 | Identification Card Office to
enable the Department office to |
| |||||||
| |||||||
1 | perform its duties under Sections 4 and 8 of the Firearm Owners | ||||||
2 | Identification Card Act and to report that determination to the | ||||||
3 | Federal Bureau
of Investigation to assist the Federal Bureau of | ||||||
4 | Investigation in identifying persons prohibited
from | ||||||
5 | purchasing and possessing a firearm under pursuant to the | ||||||
6 | provisions of
18 U.S.C. 922. The written determination | ||||||
7 | described in this Section shall be included in the defendant's | ||||||
8 | record of arrest and conviction in the manner and form | ||||||
9 | prescribed by the Department of State Police.
| ||||||
10 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
11 | Section 45. The Peace Officer Firearm Training Act is | ||||||
12 | amended by changing Section 1 as follows:
| ||||||
13 | (50 ILCS 710/1) (from Ch. 85, par. 515)
| ||||||
14 | Sec. 1. Definitions. As used in this Act: | ||||||
15 | (a) "Peace officer"
means (i) any person who by virtue of | ||||||
16 | his office or public employment is
vested by law with a primary | ||||||
17 | duty to maintain public order or to make
arrests for offenses, | ||||||
18 | whether that duty extends to all offenses or is
limited to | ||||||
19 | specific offenses, and who is employed in such capacity by any
| ||||||
20 | county or municipality or (ii) any retired law enforcement | ||||||
21 | officers qualified under federal law to carry a concealed | ||||||
22 | weapon. | ||||||
23 | (b)
"Firearms" means any weapon or device defined as a | ||||||
24 | firearm in Section
2-7.5 of the Criminal Code of 2012
1.1 of |
| |||||||
| |||||||
1 | "An Act relating to the acquisition, possession and transfer of
| ||||||
2 | firearms and firearm ammunition, to provide a penalty for the | ||||||
3 | violation
thereof and to make an appropriation in connection | ||||||
4 | therewith", approved
August 3, 1967, as amended .
| ||||||
5 | (Source: P.A. 94-103, eff. 7-1-05.)
| ||||||
6 | Section 50. The Illinois Municipal Code is amended by | ||||||
7 | changing Sections 10-1-7, 10-1-7.1, 10-2.1-6, and 10-2.1-6.3 | ||||||
8 | as follows:
| ||||||
9 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||||||
10 | Sec. 10-1-7. Examination of applicants; disqualifications.
| ||||||
11 | (a) All applicants for offices or places in the classified | ||||||
12 | service, except
those mentioned in Section 10-1-17, are subject | ||||||
13 | to examination. The
examination shall be public, competitive, | ||||||
14 | and open to all citizens of the
United States, with specified | ||||||
15 | limitations as to residence, age, health, habits
and moral | ||||||
16 | character.
| ||||||
17 | (b) Residency requirements in effect at the time an | ||||||
18 | individual enters the
fire or police service of a municipality | ||||||
19 | (other than a municipality that
has more than 1,000,000 | ||||||
20 | inhabitants) cannot be made more restrictive
for that | ||||||
21 | individual during his or her period of service for that | ||||||
22 | municipality,
or be made a condition of promotion, except for | ||||||
23 | the rank or position of Fire or
Police Chief.
| ||||||
24 | (c) No person with a record of misdemeanor convictions |
| |||||||
| |||||||
1 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
2 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
3 | 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, 28-3, 31-1,
| ||||||
4 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
5 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
6 | subsections (1), (6) and
(8) of Section 24-1 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012 or arrested for any | ||||||
8 | cause but
not convicted on that cause shall be disqualified | ||||||
9 | from taking the examination
on grounds of habits or moral | ||||||
10 | character, unless the person is attempting to
qualify for a | ||||||
11 | position on the police department, in which case the conviction
| ||||||
12 | or arrest may be considered as a factor in determining the | ||||||
13 | person's habits or
moral character.
| ||||||
14 | (d) Persons entitled to military preference under Section | ||||||
15 | 10-1-16
shall not be subject to limitations specifying age | ||||||
16 | unless they are
applicants for a position as a fireman or a | ||||||
17 | policeman having no previous
employment status as a fireman or | ||||||
18 | policeman in the regularly constituted
fire or police | ||||||
19 | department of the municipality, in which case they must not
| ||||||
20 | have attained their 35th birthday, except any person who has | ||||||
21 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
22 | for at least 5 years and is
under 40 years of age.
| ||||||
23 | (e) All employees of a municipality of less than 500,000 | ||||||
24 | population (except
those who would be excluded from the | ||||||
25 | classified service as provided in this
Division 1) who are | ||||||
26 | holding that employment as of the date a municipality
adopts |
| |||||||
| |||||||
1 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
2 | later,
and who have held that employment for at least 2 years | ||||||
3 | immediately before that
later date, and all firemen and | ||||||
4 | policemen regardless of length of service who
were either | ||||||
5 | appointed to their respective positions by the board of fire | ||||||
6 | and
police commissioners under the provisions of Division 2 of | ||||||
7 | this Article or who
are serving in a position (except as a | ||||||
8 | temporary employee) in the fire or
police department in the | ||||||
9 | municipality on the date a municipality adopts
this Division 1, | ||||||
10 | or as of July 17, 1959, whichever date is the later, shall
| ||||||
11 | become members of the classified civil service of the | ||||||
12 | municipality
without examination.
| ||||||
13 | (f) The examinations shall be practical in their character, | ||||||
14 | and shall
relate to those matters that will fairly test the | ||||||
15 | relative capacity of the
persons examined to discharge the | ||||||
16 | duties of the positions to which they
seek to be appointed. The | ||||||
17 | examinations shall include tests of physical
qualifications, | ||||||
18 | health, and (when appropriate) manual skill. If an applicant
is | ||||||
19 | unable to pass the physical examination solely as the result of | ||||||
20 | an injury
received by the applicant as the result of the | ||||||
21 | performance of an act of duty
while working as a temporary | ||||||
22 | employee in the position for which he or she is
being examined, | ||||||
23 | however, the physical examination shall be waived and the
| ||||||
24 | applicant shall be considered to have passed the examination. | ||||||
25 | No questions in
any examination shall relate to political or | ||||||
26 | religious opinions or
affiliations. Results of examinations |
| |||||||
| |||||||
1 | and the eligible registers prepared from
the results shall be | ||||||
2 | published by the commission within 60 days after any
| ||||||
3 | examinations are held.
| ||||||
4 | (g) The commission shall control all examinations, and may, | ||||||
5 | whenever an
examination is to take place, designate a suitable | ||||||
6 | number of persons,
either in or not in the official service of | ||||||
7 | the municipality, to be
examiners. The examiners shall conduct | ||||||
8 | the examinations as directed by the
commission and shall make a | ||||||
9 | return or report of the examinations to the
commission. If the | ||||||
10 | appointed examiners are in the official service of the
| ||||||
11 | municipality, the examiners shall not receive extra | ||||||
12 | compensation for conducting
the examinations unless the | ||||||
13 | examiners are subject to a collective bargaining agreement with | ||||||
14 | the municipality. The commission may at any time substitute any | ||||||
15 | other person,
whether or not in the service of the | ||||||
16 | municipality, in the place of any one
selected as an examiner. | ||||||
17 | The commission members may themselves at any time act
as | ||||||
18 | examiners without appointing examiners. The examiners at any | ||||||
19 | examination
shall not all be members of the same political | ||||||
20 | party.
| ||||||
21 | (h) In municipalities of 500,000 or more population, no | ||||||
22 | person who has
attained his or her 35th birthday shall be | ||||||
23 | eligible to take an examination for
a position as a fireman or | ||||||
24 | a policeman unless the person has had previous
employment | ||||||
25 | status as a policeman or fireman in the regularly constituted | ||||||
26 | police
or fire department of the municipality, except as |
| |||||||
| |||||||
1 | provided in this Section.
| ||||||
2 | (i) In municipalities of more than 5,000 but not more than | ||||||
3 | 200,000
inhabitants, no person who has attained his or her 35th | ||||||
4 | birthday shall be
eligible to take an examination for a | ||||||
5 | position as a fireman or a policeman
unless the person has had | ||||||
6 | previous employment status as a policeman or fireman
in the | ||||||
7 | regularly constituted police or fire department of the | ||||||
8 | municipality,
except as provided in this Section.
| ||||||
9 | (j) In all municipalities, applicants who are 20 years of | ||||||
10 | age and who have
successfully completed 2 years of law | ||||||
11 | enforcement studies at an accredited
college or university may | ||||||
12 | be considered for appointment to active duty with
the police | ||||||
13 | department. An applicant described in this subsection (j) who | ||||||
14 | is
appointed to active duty shall not have power of arrest, nor | ||||||
15 | shall the
applicant be permitted to carry firearms, until he or | ||||||
16 | she reaches 21 years of
age.
| ||||||
17 | (k) In municipalities of more than 500,000 population, | ||||||
18 | applications for
examination for and appointment to positions | ||||||
19 | as firefighters or police
shall be made available at various | ||||||
20 | branches of the public library of the
municipality.
| ||||||
21 | (l) No municipality having a population less than 1,000,000 | ||||||
22 | shall require
that any fireman appointed to the lowest rank | ||||||
23 | serve a probationary employment
period of longer than one year. | ||||||
24 | The limitation on periods of probationary
employment provided | ||||||
25 | in this amendatory Act of 1989 is an exclusive power and
| ||||||
26 | function of the State. Pursuant to subsection (h) of Section 6 |
| |||||||
| |||||||
1 | of Article VII
of the Illinois Constitution, a home rule | ||||||
2 | municipality having a population less
than 1,000,000 must | ||||||
3 | comply with this limitation on periods of probationary
| ||||||
4 | employment, which is a denial and limitation of home rule | ||||||
5 | powers.
Notwithstanding anything to the contrary in this | ||||||
6 | Section, the probationary
employment period limitation may be | ||||||
7 | extended for a firefighter who is required, as a condition of | ||||||
8 | employment, to be a certified paramedic, during which time the | ||||||
9 | sole reason that a firefighter may be discharged without a | ||||||
10 | hearing is for failing to meet the requirements for paramedic | ||||||
11 | certification.
| ||||||
12 | (m) To the extent that this Section or any other Section in | ||||||
13 | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then | ||||||
14 | Section 10-1-7.1 or 10-1-7.2 shall control. | ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; | ||||||
16 | 97-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
17 | 1-25-13.)
| ||||||
18 | (65 ILCS 5/10-1-7.1) | ||||||
19 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
20 | department. | ||||||
21 | (a) Applicability. Unless a commission elects to follow the | ||||||
22 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
23 | original appointments to an affected full-time fire | ||||||
24 | department. Existing registers of eligibles shall continue to | ||||||
25 | be valid until their expiration dates, or up to a maximum of 2 |
| |||||||
| |||||||
1 | years after the effective date of this amendatory Act of the | ||||||
2 | 97th General Assembly. | ||||||
3 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
4 | to the contrary, all original appointments to an affected | ||||||
5 | department to which this Section applies shall be administered | ||||||
6 | in the manner provided for in this Section. Provisions of the | ||||||
7 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
8 | adopted pursuant to such authority and other laws relating to | ||||||
9 | initial hiring of firefighters in affected departments shall | ||||||
10 | continue to apply to the extent they are compatible with this | ||||||
11 | Section, but in the event of a conflict between this Section | ||||||
12 | and any other law, this Section shall control. | ||||||
13 | A home rule or non-home rule municipality may not | ||||||
14 | administer its fire department process for original | ||||||
15 | appointments in a manner that is less stringent than this | ||||||
16 | Section. This Section is a limitation under subsection (i) of | ||||||
17 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
18 | concurrent exercise by home rule units of the powers and | ||||||
19 | functions exercised by the State. | ||||||
20 | A municipality that is operating under a court order or | ||||||
21 | consent decree regarding original appointments to a full-time | ||||||
22 | fire department before the effective date of this amendatory | ||||||
23 | Act of the 97th General Assembly is exempt from the | ||||||
24 | requirements of this Section for the duration of the court | ||||||
25 | order or consent decree. | ||||||
26 | Notwithstanding any other provision of this subsection |
| |||||||
| |||||||
1 | (a), this Section does not apply to a municipality with more | ||||||
2 | than 1,000,000 inhabitants. | ||||||
3 | (b) Original appointments. All original appointments made | ||||||
4 | to an affected fire department shall be made from a register of | ||||||
5 | eligibles established in accordance with the processes | ||||||
6 | established by this Section. Only persons who meet or exceed | ||||||
7 | the performance standards required by this Section shall be | ||||||
8 | placed on a register of eligibles for original appointment to | ||||||
9 | an affected fire department. | ||||||
10 | Whenever an appointing authority authorizes action to hire | ||||||
11 | a person to perform the duties of a firefighter or to hire a | ||||||
12 | firefighter-paramedic to fill a position that is a new position | ||||||
13 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
14 | granting of a disability or retirement pension, or any other | ||||||
15 | cause, the appointing authority shall appoint to that position | ||||||
16 | the person with the highest ranking on the final eligibility | ||||||
17 | list. If the appointing authority has reason to conclude that | ||||||
18 | the highest ranked person fails to meet the minimum standards | ||||||
19 | for the position or if the appointing authority believes an | ||||||
20 | alternate candidate would better serve the needs of the | ||||||
21 | department, then the appointing authority has the right to pass | ||||||
22 | over the highest ranked person and appoint either: (i) any | ||||||
23 | person who has a ranking in the top 5% of the register of | ||||||
24 | eligibles or (ii) any person who is among the top 5 highest | ||||||
25 | ranked persons on the list of eligibles if the number of people | ||||||
26 | who have a ranking in the top 5% of the register of eligibles |
| |||||||
| |||||||
1 | is less than 5 people. | ||||||
2 | Any candidate may pass on an appointment once without | ||||||
3 | losing his or her position on the register of eligibles. Any | ||||||
4 | candidate who passes a second time may be removed from the list | ||||||
5 | by the appointing authority provided that such action shall not | ||||||
6 | prejudice a person's opportunities to participate in future | ||||||
7 | examinations, including an examination held during the time a | ||||||
8 | candidate is already on the municipality's register of | ||||||
9 | eligibles. | ||||||
10 | The sole authority to issue certificates of appointment | ||||||
11 | shall be vested in the Civil Service Commission. All | ||||||
12 | certificates of appointment issued to any officer or member of | ||||||
13 | an affected department shall be signed by the chairperson and | ||||||
14 | secretary, respectively, of the commission upon appointment of | ||||||
15 | such officer or member to the affected department by the | ||||||
16 | commission. Each person who accepts a certificate of | ||||||
17 | appointment and successfully completes his or her probationary | ||||||
18 | period shall be enrolled as a firefighter and as a regular | ||||||
19 | member of the fire department. | ||||||
20 | For the purposes of this Section, "firefighter" means any | ||||||
21 | person who has been prior to, on, or after the effective date | ||||||
22 | of this amendatory Act of the 97th General Assembly appointed | ||||||
23 | to a fire department or fire protection district or employed by | ||||||
24 | a State university and sworn or commissioned to perform | ||||||
25 | firefighter duties or paramedic duties, or both, except that | ||||||
26 | the following persons are not included: part-time |
| |||||||
| |||||||
1 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
2 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
3 | other civilian employees of a fire department or fire | ||||||
4 | protection district who are not routinely expected to perform | ||||||
5 | firefighter duties; and elected officials. | ||||||
6 | (c) Qualification for placement on register of eligibles. | ||||||
7 | The purpose of establishing a register of eligibles is to | ||||||
8 | identify applicants who possess and demonstrate the mental | ||||||
9 | aptitude and physical ability to perform the duties required of | ||||||
10 | members of the fire department in order to provide the highest | ||||||
11 | quality of service to the public. To this end, all applicants | ||||||
12 | for original appointment to an affected fire department shall | ||||||
13 | be subject to examination and testing which shall be public, | ||||||
14 | competitive, and open to all applicants unless the municipality | ||||||
15 | shall by ordinance limit applicants to residents of the | ||||||
16 | municipality, county or counties in which the municipality is | ||||||
17 | located, State, or nation. Municipalities may establish | ||||||
18 | educational, emergency medical service licensure, and other | ||||||
19 | pre-requisites for participation in an examination or for hire | ||||||
20 | as a firefighter. Any municipality may charge a fee to cover | ||||||
21 | the costs of the application process. | ||||||
22 | Residency requirements in effect at the time an individual | ||||||
23 | enters the fire service of a municipality cannot be made more | ||||||
24 | restrictive for that individual during his or her period of | ||||||
25 | service for that municipality, or be made a condition of | ||||||
26 | promotion, except for the rank or position of fire chief and |
| |||||||
| |||||||
1 | for no more than 2 positions that rank immediately below that | ||||||
2 | of the chief rank which are appointed positions pursuant to the | ||||||
3 | Fire Department Promotion Act. | ||||||
4 | No person who is 35 years of age or older shall be eligible | ||||||
5 | to take an examination for a position as a firefighter unless | ||||||
6 | the person has had previous employment status as a firefighter | ||||||
7 | in the regularly constituted fire department of the | ||||||
8 | municipality, except as provided in this Section. The age | ||||||
9 | limitation does not apply to: | ||||||
10 | (1) any person previously employed as a full-time | ||||||
11 | firefighter in a regularly constituted fire department of | ||||||
12 | (i) any municipality or fire protection district located in | ||||||
13 | Illinois, (ii) a fire protection district whose | ||||||
14 | obligations were assumed by a municipality under Section 21 | ||||||
15 | of the Fire Protection District Act, or (iii) a | ||||||
16 | municipality whose obligations were taken over by a fire | ||||||
17 | protection district, or | ||||||
18 | (2) any person who has served a municipality as a | ||||||
19 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
20 | firefighter for the 5 years immediately preceding the time | ||||||
21 | that the municipality begins to use full-time firefighters | ||||||
22 | to provide all or part of its fire protection service. | ||||||
23 | No person who is under 21 years of age shall be eligible | ||||||
24 | for employment as a firefighter. | ||||||
25 | No applicant shall be examined concerning his or her | ||||||
26 | political or religious opinions or affiliations. The |
| |||||||
| |||||||
1 | examinations shall be conducted by the commissioners of the | ||||||
2 | municipality or their designees and agents. | ||||||
3 | No municipality shall require that any firefighter | ||||||
4 | appointed to the lowest rank serve a probationary employment | ||||||
5 | period of longer than one year of actual active employment, | ||||||
6 | which may exclude periods of training, or injury or illness | ||||||
7 | leaves, including duty related leave, in excess of 30 calendar | ||||||
8 | days. Notwithstanding anything to the contrary in this Section, | ||||||
9 | the probationary employment period limitation may be extended | ||||||
10 | for a firefighter who is required, as a condition of | ||||||
11 | employment, to be a certified paramedic, during which time the | ||||||
12 | sole reason that a firefighter may be discharged without a | ||||||
13 | hearing is for failing to meet the requirements for paramedic | ||||||
14 | certification. | ||||||
15 | In the event that any applicant who has been found eligible | ||||||
16 | for appointment and whose name has been placed upon the final | ||||||
17 | eligibility register provided for in this Division 1 has not | ||||||
18 | been appointed to a firefighter position within one year after | ||||||
19 | the date of his or her physical ability examination, the | ||||||
20 | commission may cause a second examination to be made of that | ||||||
21 | applicant's physical ability prior to his or her appointment. | ||||||
22 | If, after the second examination, the physical ability of the | ||||||
23 | applicant shall be found to be less than the minimum standard | ||||||
24 | fixed by the rules of the commission, the applicant shall not | ||||||
25 | be appointed. The applicant's name may be retained upon the | ||||||
26 | register of candidates eligible for appointment and when next |
| |||||||
| |||||||
1 | reached for certification and appointment that applicant may be | ||||||
2 | again examined as provided in this Section, and if the physical | ||||||
3 | ability of that applicant is found to be less than the minimum | ||||||
4 | standard fixed by the rules of the commission, the applicant | ||||||
5 | shall not be appointed, and the name of the applicant shall be | ||||||
6 | removed from the register. | ||||||
7 | (d) Notice, examination, and testing components. Notice of | ||||||
8 | the time, place, general scope, merit criteria for any | ||||||
9 | subjective component, and fee of every examination shall be | ||||||
10 | given by the commission, by a publication at least 2 weeks | ||||||
11 | preceding the examination: (i) in one or more newspapers | ||||||
12 | published in the municipality, or if no newspaper is published | ||||||
13 | therein, then in one or more newspapers with a general | ||||||
14 | circulation within the municipality, or (ii) on the | ||||||
15 | municipality's Internet website. Additional notice of the | ||||||
16 | examination may be given as the commission shall prescribe. | ||||||
17 | The examination and qualifying standards for employment of | ||||||
18 | firefighters shall be based on: mental aptitude, physical | ||||||
19 | ability, preferences, moral character, and health. The mental | ||||||
20 | aptitude, physical ability, and preference components shall | ||||||
21 | determine an applicant's qualification for and placement on the | ||||||
22 | final register of eligibles. The examination may also include a | ||||||
23 | subjective component based on merit criteria as determined by | ||||||
24 | the commission. Scores from the examination must be made | ||||||
25 | available to the public. | ||||||
26 | (e) Mental aptitude. No person who does not possess at |
| |||||||
| |||||||
1 | least a high school diploma or an equivalent high school | ||||||
2 | education shall be placed on a register of eligibles. | ||||||
3 | Examination of an applicant's mental aptitude shall be based | ||||||
4 | upon a written examination. The examination shall be practical | ||||||
5 | in character and relate to those matters that fairly test the | ||||||
6 | capacity of the persons examined to discharge the duties | ||||||
7 | performed by members of a fire department. Written examinations | ||||||
8 | shall be administered in a manner that ensures the security and | ||||||
9 | accuracy of the scores achieved. | ||||||
10 | (f) Physical ability. All candidates shall be required to | ||||||
11 | undergo an examination of their physical ability to perform the | ||||||
12 | essential functions included in the duties they may be called | ||||||
13 | upon to perform as a member of a fire department. For the | ||||||
14 | purposes of this Section, essential functions of the job are | ||||||
15 | functions associated with duties that a firefighter may be | ||||||
16 | called upon to perform in response to emergency calls. The | ||||||
17 | frequency of the occurrence of those duties as part of the fire | ||||||
18 | department's regular routine shall not be a controlling factor | ||||||
19 | in the design of examination criteria or evolutions selected | ||||||
20 | for testing. These physical examinations shall be open, | ||||||
21 | competitive, and based on industry standards designed to test | ||||||
22 | each applicant's physical abilities in the following | ||||||
23 | dimensions: | ||||||
24 | (1) Muscular strength to perform tasks and evolutions | ||||||
25 | that may be required in the performance of duties including | ||||||
26 | grip strength, leg strength, and arm strength. Tests shall |
| |||||||
| |||||||
1 | be conducted under anaerobic as well as aerobic conditions | ||||||
2 | to test both the candidate's speed and endurance in | ||||||
3 | performing tasks and evolutions. Tasks tested may be based | ||||||
4 | on standards developed, or approved, by the local | ||||||
5 | appointing authority. | ||||||
6 | (2) The ability to climb ladders, operate from heights, | ||||||
7 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
8 | and operate in proximity to hazardous environments. | ||||||
9 | (3) The ability to carry out critical, time-sensitive, | ||||||
10 | and complex problem solving during physical exertion in | ||||||
11 | stressful and hazardous environments. The testing | ||||||
12 | environment may be hot and dark with tightly enclosed | ||||||
13 | spaces, flashing lights, sirens, and other distractions. | ||||||
14 | The tests utilized to measure each applicant's
| ||||||
15 | capabilities in each of these dimensions may be tests based on
| ||||||
16 | industry standards currently in use or equivalent tests | ||||||
17 | approved by the Joint Labor-Management Committee of the Office | ||||||
18 | of the State Fire Marshal. | ||||||
19 | Physical ability examinations administered under this | ||||||
20 | Section shall be conducted with a reasonable number of proctors | ||||||
21 | and monitors, open to the public, and subject to reasonable | ||||||
22 | regulations of the commission. | ||||||
23 | (g) Scoring of examination components. Appointing | ||||||
24 | authorities may create a preliminary eligibility register. A | ||||||
25 | person shall be placed on the list based upon his or her | ||||||
26 | passage of the written examination or the passage of the |
| |||||||
| |||||||
1 | written examination and the physical ability component. | ||||||
2 | Passage of the written examination means a score that is at or | ||||||
3 | above the median score for all applicants participating in the | ||||||
4 | written test. The appointing authority may conduct the physical | ||||||
5 | ability component and any subjective components subsequent to | ||||||
6 | the posting of the preliminary eligibility register. | ||||||
7 | The examination components for an initial eligibility | ||||||
8 | register shall be graded on a 100-point scale. A person's | ||||||
9 | position on the list shall be determined by the following: (i)
| ||||||
10 | the person's score on the written examination, (ii) the person
| ||||||
11 | successfully passing the physical ability component, and (iii) | ||||||
12 | the
person's results on any subjective component as described | ||||||
13 | in
subsection (d). | ||||||
14 | In order to qualify for placement on the final eligibility | ||||||
15 | register, an applicant's score on the written examination, | ||||||
16 | before any applicable preference points or subjective points | ||||||
17 | are applied, shall be at or above the median score. The local | ||||||
18 | appointing authority may prescribe the score to qualify for | ||||||
19 | placement on the final eligibility register, but the score | ||||||
20 | shall not be less than the median score. | ||||||
21 | The commission shall prepare and keep a register of persons | ||||||
22 | whose total score is not less than the minimum fixed by this | ||||||
23 | Section and who have passed the physical ability examination. | ||||||
24 | These persons shall take rank upon the register as candidates | ||||||
25 | in the order of their relative excellence based on the highest | ||||||
26 | to the lowest total points scored on the mental aptitude, |
| |||||||
| |||||||
1 | subjective component, and preference components of the test | ||||||
2 | administered in accordance with this Section. No more than 60 | ||||||
3 | days after each examination, an initial eligibility list shall | ||||||
4 | be posted by the commission. The list shall include the final | ||||||
5 | grades of the candidates without reference to priority of the | ||||||
6 | time of examination and subject to claim for preference credit. | ||||||
7 | Commissions may conduct additional examinations, including | ||||||
8 | without limitation a polygraph test, after a final eligibility | ||||||
9 | register is established and before it expires with the | ||||||
10 | candidates ranked by total score without regard to date of | ||||||
11 | examination. No more than 60 days after each examination, an | ||||||
12 | initial eligibility list shall be posted by the commission | ||||||
13 | showing the final grades of the candidates without reference to | ||||||
14 | priority of time of examination and subject to claim for | ||||||
15 | preference credit. | ||||||
16 | (h) Preferences. The following are preferences: | ||||||
17 | (1) Veteran preference. Persons who were engaged in the | ||||||
18 | military service of the United States for a period of at | ||||||
19 | least one year of active duty and who were honorably | ||||||
20 | discharged therefrom, or who are now or have been members | ||||||
21 | on inactive or reserve duty in such military or naval | ||||||
22 | service, shall be preferred for appointment to and | ||||||
23 | employment with the fire department of an affected | ||||||
24 | department. | ||||||
25 | (2) Fire cadet preference. Persons who have | ||||||
26 | successfully completed 2 years of study in fire techniques |
| |||||||
| |||||||
1 | or cadet training within a cadet program established under | ||||||
2 | the rules of the Joint Labor and Management Committee | ||||||
3 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
4 | Promotion Act, may be preferred for appointment to and | ||||||
5 | employment with the fire department. | ||||||
6 | (3) Educational preference. Persons who have | ||||||
7 | successfully obtained an associate's degree in the field of | ||||||
8 | fire service or emergency medical services, or a bachelor's | ||||||
9 | degree from an accredited college or university may be | ||||||
10 | preferred for appointment to and employment with the fire | ||||||
11 | department. | ||||||
12 | (4) Paramedic preference. Persons who have obtained | ||||||
13 | certification as an Emergency Medical Technician-Paramedic | ||||||
14 | (EMT-P) may be preferred for appointment to and employment | ||||||
15 | with the fire department of an affected department | ||||||
16 | providing emergency medical services. | ||||||
17 | (5) Experience preference. All persons employed by a | ||||||
18 | municipality who have been paid-on-call or part-time | ||||||
19 | certified Firefighter II, certified Firefighter III, State | ||||||
20 | of Illinois or nationally licensed EMT-B or EMT-I, licensed | ||||||
21 | paramedic, or any combination of those capacities may be | ||||||
22 | awarded up to a maximum of 5 points. However, the applicant | ||||||
23 | may not be awarded more than 0.5 points for each complete | ||||||
24 | year of paid-on-call or part-time service. Applicants from | ||||||
25 | outside the municipality who were employed as full-time | ||||||
26 | firefighters or firefighter-paramedics by a fire |
| |||||||
| |||||||
1 | protection district or another municipality may be awarded | ||||||
2 | up to 5 experience preference points. However, the | ||||||
3 | applicant may not be awarded more than one point for each | ||||||
4 | complete year of full-time service. | ||||||
5 | Upon request by the commission, the governing body of | ||||||
6 | the municipality or in the case of applicants from outside | ||||||
7 | the municipality the governing body of any fire protection | ||||||
8 | district or any other municipality shall certify to the | ||||||
9 | commission, within 10 days after the request, the number of | ||||||
10 | years of successful paid-on-call, part-time, or full-time | ||||||
11 | service of any person. A candidate may not receive the full | ||||||
12 | amount of preference points under this subsection if the | ||||||
13 | amount of points awarded would place the candidate before a | ||||||
14 | veteran on the eligibility list. If more than one candidate | ||||||
15 | receiving experience preference points is prevented from | ||||||
16 | receiving all of their points due to not being allowed to | ||||||
17 | pass a veteran, the candidates shall be placed on the list | ||||||
18 | below the veteran in rank order based on the totals | ||||||
19 | received if all points under this subsection were to be | ||||||
20 | awarded. Any remaining ties on the list shall be determined | ||||||
21 | by lot. | ||||||
22 | (6) Residency preference. Applicants whose principal | ||||||
23 | residence is located within the fire department's | ||||||
24 | jurisdiction may be preferred for appointment to and | ||||||
25 | employment with the fire department. | ||||||
26 | (7) Additional preferences. Up to 5 additional |
| |||||||
| |||||||
1 | preference points may be awarded for unique categories | ||||||
2 | based on an applicant's experience or background as | ||||||
3 | identified by the commission. | ||||||
4 | (8) Scoring of preferences. The commission shall give | ||||||
5 | preference for original appointment to persons designated | ||||||
6 | in item (1)
by adding to the final grade that they receive | ||||||
7 | 5 points
for the recognized preference achieved. The | ||||||
8 | commission shall determine the number of preference points | ||||||
9 | for each category except (1). The number of preference | ||||||
10 | points for each category shall range from 0 to 5. In | ||||||
11 | determining the number of preference points, the | ||||||
12 | commission shall prescribe that if a candidate earns the | ||||||
13 | maximum number of preference points in all categories, that | ||||||
14 | number may not be less than 10 nor more than 30. The | ||||||
15 | commission shall give preference for original appointment | ||||||
16 | to persons designated in items (2) through (7) by adding | ||||||
17 | the requisite number of points to the final grade for each | ||||||
18 | recognized preference achieved. The numerical result thus | ||||||
19 | attained shall be applied by the commission in determining | ||||||
20 | the final eligibility list and appointment from the | ||||||
21 | eligibility list. The local appointing authority may | ||||||
22 | prescribe the total number of preference points awarded | ||||||
23 | under this Section, but the total number of preference | ||||||
24 | points shall not be less than 10 points or more than 30 | ||||||
25 | points. | ||||||
26 | No person entitled to any preference shall be required to |
| |||||||
| |||||||
1 | claim the credit before any examination held under the | ||||||
2 | provisions of this Section, but the preference shall be given | ||||||
3 | after the posting or publication of the initial eligibility | ||||||
4 | list or register at the request of a person entitled to a | ||||||
5 | credit before any certification or appointments are made from | ||||||
6 | the eligibility register, upon the furnishing of verifiable | ||||||
7 | evidence and proof of qualifying preference credit. Candidates | ||||||
8 | who are eligible for preference credit shall make a claim in | ||||||
9 | writing within 10 days after the posting of the initial | ||||||
10 | eligibility list, or the claim shall be deemed waived. Final | ||||||
11 | eligibility registers shall be established after the awarding | ||||||
12 | of verified preference points. All employment shall be subject | ||||||
13 | to the commission's initial hire background review including, | ||||||
14 | but not limited to, criminal history, employment history, moral | ||||||
15 | character, oral examination, and medical and psychological | ||||||
16 | examinations, all on a pass-fail basis. The medical and | ||||||
17 | psychological examinations must be conducted last, and may only | ||||||
18 | be performed after a conditional offer of employment has been | ||||||
19 | extended. | ||||||
20 | Any person placed on an eligibility list who exceeds the | ||||||
21 | age requirement before being appointed to a fire department | ||||||
22 | shall remain eligible for appointment until the list is | ||||||
23 | abolished, or his or her name has been on the list for a period | ||||||
24 | of 2 years. No person who has attained the age of 35 years | ||||||
25 | shall be inducted into a fire department, except as otherwise | ||||||
26 | provided in this Section. |
| |||||||
| |||||||
1 | The commission shall strike off the names of candidates for | ||||||
2 | original appointment after the names have been on the list for | ||||||
3 | more than 2 years. | ||||||
4 | (i) Moral character. No person shall be appointed to a fire | ||||||
5 | department unless he or she is a person of good character; not | ||||||
6 | a habitual drunkard, a gambler, or a person who has been | ||||||
7 | convicted of a felony or a crime involving moral turpitude. | ||||||
8 | However, no person shall be disqualified from appointment to | ||||||
9 | the fire department because of the person's record of | ||||||
10 | misdemeanor convictions except those under Sections 11-6, | ||||||
11 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
12 | 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, 28-3, | ||||||
13 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||||||
14 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
16 | without conviction thereon. Any such person who is in the | ||||||
17 | department may be removed on charges brought for violating this | ||||||
18 | subsection and after a trial as hereinafter provided. | ||||||
19 | A classifiable set of the fingerprints of every person who | ||||||
20 | is offered employment as a certificated member of an affected | ||||||
21 | fire department whether with or without compensation, shall be | ||||||
22 | furnished to the Illinois Department of State Police and to the | ||||||
23 | Federal Bureau of Investigation by the commission. | ||||||
24 | Whenever a commission is authorized or required by law to | ||||||
25 | consider some aspect of criminal history record information for | ||||||
26 | the purpose of carrying out its statutory powers and |
| |||||||
| |||||||
1 | responsibilities, then, upon request and payment of fees in | ||||||
2 | conformance with the requirements of Section 2605-400 of the | ||||||
3 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
4 | the Department of State Police is authorized to furnish, | ||||||
5 | pursuant to positive identification, the information contained | ||||||
6 | in State files as is necessary to fulfill the request. | ||||||
7 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
8 | of public business, to meet extraordinary exigencies, or to | ||||||
9 | prevent material impairment of the fire department, the | ||||||
10 | commission may make temporary appointments, to remain in force | ||||||
11 | only until regular appointments are made under the provisions | ||||||
12 | of this Division, but never to exceed 60 days. No temporary | ||||||
13 | appointment of any one person shall be made more than twice in | ||||||
14 | any calendar year. | ||||||
15 | (k) A person who knowingly divulges or receives test | ||||||
16 | questions or answers before a written examination, or otherwise | ||||||
17 | knowingly violates or subverts any requirement of this Section, | ||||||
18 | commits a violation of this Section and may be subject to | ||||||
19 | charges for official misconduct. | ||||||
20 | A person who is the knowing recipient of test information | ||||||
21 | in advance of the examination shall be disqualified from the | ||||||
22 | examination or discharged from the position to which he or she | ||||||
23 | was appointed, as applicable, and otherwise subjected to | ||||||
24 | disciplinary actions.
| ||||||
25 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
26 | 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
2 | Sec. 10-2.1-6. Examination of applicants; | ||||||
3 | disqualifications.
| ||||||
4 | (a) All applicants for a position in either the fire or | ||||||
5 | police department
of the municipality shall be under 35 years | ||||||
6 | of age, shall be subject to an
examination that shall be | ||||||
7 | public, competitive, and open to all applicants
(unless the | ||||||
8 | council or board of trustees by ordinance limit applicants to
| ||||||
9 | electors of the municipality, county, state or nation) and | ||||||
10 | shall be subject to
reasonable limitations as to residence, | ||||||
11 | health, habits, and moral character.
The municipality may not | ||||||
12 | charge or collect any fee from an applicant who has
met all | ||||||
13 | prequalification standards established by the municipality for | ||||||
14 | any such
position. With respect to a police department, a | ||||||
15 | veteran shall be allowed to exceed the maximum age provision of | ||||||
16 | this Section by the number of years served on active military | ||||||
17 | duty, but by no more than 10 years of active military duty.
| ||||||
18 | (b) Residency requirements in effect at the time an | ||||||
19 | individual enters the
fire or police service of a municipality | ||||||
20 | (other than a municipality that
has more than 1,000,000 | ||||||
21 | inhabitants) cannot be made more restrictive for
that | ||||||
22 | individual during his period of service for that municipality, | ||||||
23 | or be
made a condition of promotion, except for the rank or | ||||||
24 | position of Fire or
Police Chief.
| ||||||
25 | (c) No person with a record of misdemeanor convictions |
| |||||||
| |||||||
1 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
2 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
3 | 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
4 | 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
5 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
6 | subsections (1), (6) and (8) of
Section 24-1 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, or arrested for any | ||||||
8 | cause but not
convicted on that cause shall be disqualified | ||||||
9 | from taking the examination to
qualify for a position in the | ||||||
10 | fire department on grounds of habits or moral
character.
| ||||||
11 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
12 | to any person
previously employed as a policeman or fireman in | ||||||
13 | a regularly constituted police
or fire department of (I) any | ||||||
14 | municipality, regardless of whether the municipality is | ||||||
15 | located in Illinois or in another state, or (II) a fire | ||||||
16 | protection district
whose obligations were assumed by a | ||||||
17 | municipality under Section 21 of the Fire
Protection District | ||||||
18 | Act, (ii) to any person who has served a municipality as a
| ||||||
19 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
20 | preceding the time
that municipality begins to use full time | ||||||
21 | firemen to provide all or part of its
fire protection service, | ||||||
22 | or (iii) to any person who has served as an auxiliary police | ||||||
23 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
24 | under 40 years of
age, (iv) to any person who has served as a | ||||||
25 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
26 | meets necessary training requirements, or (v) to any person who |
| |||||||
| |||||||
1 | has served as a sworn officer as a member of the Illinois | ||||||
2 | Department of State Police.
| ||||||
3 | (e) Applicants who are 20 years of age and who have | ||||||
4 | successfully completed 2
years of law enforcement studies at an | ||||||
5 | accredited college or university may be
considered for | ||||||
6 | appointment to active duty with the police department. An
| ||||||
7 | applicant described in this subsection (e) who is appointed to | ||||||
8 | active duty
shall not have power of arrest, nor shall the | ||||||
9 | applicant be permitted to carry
firearms, until he or she | ||||||
10 | reaches 21 years of age.
| ||||||
11 | (f) Applicants who are 18 years of age and who have | ||||||
12 | successfully
completed 2 years of study in fire techniques, | ||||||
13 | amounting to a total of 4
high school credits, within the cadet | ||||||
14 | program of a municipality may be
considered for appointment to | ||||||
15 | active duty with the fire department of any
municipality.
| ||||||
16 | (g) The council or board of trustees may by ordinance | ||||||
17 | provide
that persons residing outside the municipality are | ||||||
18 | eligible to take the
examination.
| ||||||
19 | (h) The examinations shall be practical in character and | ||||||
20 | relate to
those matters that will fairly test the capacity of | ||||||
21 | the persons examined
to discharge the duties of the positions | ||||||
22 | to which they seek appointment. No
person shall be appointed to | ||||||
23 | the police or fire department if he or she does
not possess a | ||||||
24 | high school diploma or an equivalent high school education.
A | ||||||
25 | board of fire and police commissioners may, by its rules, | ||||||
26 | require police
applicants to have obtained an associate's |
| |||||||
| |||||||
1 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
2 | The
examinations shall include tests of physical | ||||||
3 | qualifications and health. A board of fire and police | ||||||
4 | commissioners may, by its rules, waive portions of the required | ||||||
5 | examination for police applicants who have previously been | ||||||
6 | full-time sworn officers of a regular police department in any | ||||||
7 | municipal, county, university, or State law enforcement | ||||||
8 | agency, provided they are certified by the Illinois Law | ||||||
9 | Enforcement Training Standards Board and have been with their | ||||||
10 | respective law enforcement agency within the State for at least | ||||||
11 | 2 years. No
person shall be appointed to the police or fire | ||||||
12 | department if he or she has
suffered the amputation of any limb | ||||||
13 | unless the applicant's duties will be only
clerical or as a | ||||||
14 | radio operator. No applicant shall be examined concerning his
| ||||||
15 | or her political or religious opinions or affiliations. The | ||||||
16 | examinations shall
be conducted by the board of fire and police | ||||||
17 | commissioners of the municipality
as provided in this Division | ||||||
18 | 2.1.
| ||||||
19 | (i) No person who is classified by his local selective | ||||||
20 | service draft board
as a conscientious objector, or who has | ||||||
21 | ever been so classified, may be
appointed to the police | ||||||
22 | department.
| ||||||
23 | (j) No person shall be appointed to the police or fire | ||||||
24 | department unless he
or she is a person of good character and | ||||||
25 | not an habitual drunkard, gambler, or
a person who has been | ||||||
26 | convicted of a felony or a crime involving moral
turpitude. No |
| |||||||
| |||||||
1 | person, however, shall be disqualified from appointment to the
| ||||||
2 | fire department because of his or her record of misdemeanor | ||||||
3 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
4 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||||||
5 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, | ||||||
6 | 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
7 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
8 | subsections (1), (6) and (8) of Section
24-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012, or arrest for any | ||||||
10 | cause without conviction on
that cause. Any such person who is | ||||||
11 | in the department may be removed on charges
brought and after a | ||||||
12 | trial as provided in this Division 2.1.
| ||||||
13 | (Source: P.A. 96-472, eff. 8-14-09; 96-1551, eff. 7-1-11; | ||||||
14 | 97-1150, eff. 1-25-13.)
| ||||||
15 | (65 ILCS 5/10-2.1-6.3) | ||||||
16 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
17 | department. | ||||||
18 | (a) Applicability. Unless a commission elects to follow the | ||||||
19 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
20 | all original appointments to an affected full-time fire | ||||||
21 | department. Existing registers of eligibles shall continue to | ||||||
22 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
23 | years after the effective date of this amendatory Act of the | ||||||
24 | 97th General Assembly. | ||||||
25 | Notwithstanding any statute, ordinance, rule, or other law |
| |||||||
| |||||||
1 | to the contrary, all original appointments to an affected | ||||||
2 | department to which this Section applies shall be administered | ||||||
3 | in the manner provided for in this Section. Provisions of the | ||||||
4 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
5 | adopted pursuant to such authority and other laws relating to | ||||||
6 | initial hiring of firefighters in affected departments shall | ||||||
7 | continue to apply to the extent they are compatible with this | ||||||
8 | Section, but in the event of a conflict between this Section | ||||||
9 | and any other law, this Section shall control. | ||||||
10 | A home rule or non-home rule municipality may not | ||||||
11 | administer its fire department process for original | ||||||
12 | appointments in a manner that is less stringent than this | ||||||
13 | Section. This Section is a limitation under subsection (i) of | ||||||
14 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
15 | concurrent exercise by home rule units of the powers and | ||||||
16 | functions exercised by the State. | ||||||
17 | A municipality that is operating under a court order or | ||||||
18 | consent decree regarding original appointments to a full-time | ||||||
19 | fire department before the effective date of this amendatory | ||||||
20 | Act of the 97th General Assembly is exempt from the | ||||||
21 | requirements of this Section for the duration of the court | ||||||
22 | order or consent decree. | ||||||
23 | Notwithstanding any other provision of this subsection | ||||||
24 | (a), this Section does not apply to a municipality with more | ||||||
25 | than 1,000,000 inhabitants. | ||||||
26 | (b) Original appointments. All original appointments made |
| |||||||
| |||||||
1 | to an affected fire department shall be made from a register of | ||||||
2 | eligibles established in accordance with the processes | ||||||
3 | established by this Section. Only persons who meet or exceed | ||||||
4 | the performance standards required by this Section shall be | ||||||
5 | placed on a register of eligibles for original appointment to | ||||||
6 | an affected fire department. | ||||||
7 | Whenever an appointing authority authorizes action to hire | ||||||
8 | a person to perform the duties of a firefighter or to hire a | ||||||
9 | firefighter-paramedic to fill a position that is a new position | ||||||
10 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
11 | granting of a disability or retirement pension, or any other | ||||||
12 | cause, the appointing authority shall appoint to that position | ||||||
13 | the person with the highest ranking on the final eligibility | ||||||
14 | list. If the appointing authority has reason to conclude that | ||||||
15 | the highest ranked person fails to meet the minimum standards | ||||||
16 | for the position or if the appointing authority believes an | ||||||
17 | alternate candidate would better serve the needs of the | ||||||
18 | department, then the appointing authority has the right to pass | ||||||
19 | over the highest ranked person and appoint either: (i) any | ||||||
20 | person who has a ranking in the top 5% of the register of | ||||||
21 | eligibles or (ii) any person who is among the top 5 highest | ||||||
22 | ranked persons on the list of eligibles if the number of people | ||||||
23 | who have a ranking in the top 5% of the register of eligibles | ||||||
24 | is less than 5 people. | ||||||
25 | Any candidate may pass on an appointment once without | ||||||
26 | losing his or her position on the register of eligibles. Any |
| |||||||
| |||||||
1 | candidate who passes a second time may be removed from the list | ||||||
2 | by the appointing authority provided that such action shall not | ||||||
3 | prejudice a person's opportunities to participate in future | ||||||
4 | examinations, including an examination held during the time a | ||||||
5 | candidate is already on the municipality's register of | ||||||
6 | eligibles. | ||||||
7 | The sole authority to issue certificates of appointment | ||||||
8 | shall be vested in the board of fire and police commissioners. | ||||||
9 | All certificates of appointment issued to any officer or member | ||||||
10 | of an affected department shall be signed by the chairperson | ||||||
11 | and secretary, respectively, of the board upon appointment of | ||||||
12 | such officer or member to the affected department by action of | ||||||
13 | the board. Each person who accepts a certificate of appointment | ||||||
14 | and successfully completes his or her probationary period shall | ||||||
15 | be enrolled as a firefighter and as a regular member of the | ||||||
16 | fire department. | ||||||
17 | For the purposes of this Section, "firefighter" means any | ||||||
18 | person who has been prior to, on, or after the effective date | ||||||
19 | of this amendatory Act of the 97th General Assembly appointed | ||||||
20 | to a fire department or fire protection district or employed by | ||||||
21 | a State university and sworn or commissioned to perform | ||||||
22 | firefighter duties or paramedic duties, or both, except that | ||||||
23 | the following persons are not included: part-time | ||||||
24 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
25 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
26 | other civilian employees of a fire department or fire |
| |||||||
| |||||||
1 | protection district who are not routinely expected to perform | ||||||
2 | firefighter duties; and elected officials. | ||||||
3 | (c) Qualification for placement on register of eligibles. | ||||||
4 | The purpose of establishing a register of eligibles is to | ||||||
5 | identify applicants who possess and demonstrate the mental | ||||||
6 | aptitude and physical ability to perform the duties required of | ||||||
7 | members of the fire department in order to provide the highest | ||||||
8 | quality of service to the public. To this end, all applicants | ||||||
9 | for original appointment to an affected fire department shall | ||||||
10 | be subject to examination and testing which shall be public, | ||||||
11 | competitive, and open to all applicants unless the municipality | ||||||
12 | shall by ordinance limit applicants to residents of the | ||||||
13 | municipality, county or counties in which the municipality is | ||||||
14 | located, State, or nation. Municipalities may establish | ||||||
15 | educational, emergency medical service licensure, and other | ||||||
16 | pre-requisites for participation in an examination or for hire | ||||||
17 | as a firefighter. Any municipality may charge a fee to cover | ||||||
18 | the costs of the application process. | ||||||
19 | Residency requirements in effect at the time an individual | ||||||
20 | enters the fire service of a municipality cannot be made more | ||||||
21 | restrictive for that individual during his or her period of | ||||||
22 | service for that municipality, or be made a condition of | ||||||
23 | promotion, except for the rank or position of fire chief and | ||||||
24 | for no more than 2 positions that rank immediately below that | ||||||
25 | of the chief rank which are appointed positions pursuant to the | ||||||
26 | Fire Department Promotion Act. |
| |||||||
| |||||||
1 | No person who is 35 years of age or older shall be eligible | ||||||
2 | to take an examination for a position as a firefighter unless | ||||||
3 | the person has had previous employment status as a firefighter | ||||||
4 | in the regularly constituted fire department of the | ||||||
5 | municipality, except as provided in this Section. The age | ||||||
6 | limitation does not apply to: | ||||||
7 | (1) any person previously employed as a full-time | ||||||
8 | firefighter in a regularly constituted fire department of | ||||||
9 | (i) any municipality or fire protection district located in | ||||||
10 | Illinois, (ii) a fire protection district whose | ||||||
11 | obligations were assumed by a municipality under Section 21 | ||||||
12 | of the Fire Protection District Act, or (iii) a | ||||||
13 | municipality whose obligations were taken over by a fire | ||||||
14 | protection district, or | ||||||
15 | (2) any person who has served a municipality as a | ||||||
16 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
17 | firefighter for the 5 years immediately preceding the time | ||||||
18 | that the municipality begins to use full-time firefighters | ||||||
19 | to provide all or part of its fire protection service. | ||||||
20 | No person who is under 21 years of age shall be eligible | ||||||
21 | for employment as a firefighter. | ||||||
22 | No applicant shall be examined concerning his or her | ||||||
23 | political or religious opinions or affiliations. The | ||||||
24 | examinations shall be conducted by the commissioners of the | ||||||
25 | municipality or their designees and agents. | ||||||
26 | No municipality shall require that any firefighter |
| |||||||
| |||||||
1 | appointed to the lowest rank serve a probationary employment | ||||||
2 | period of longer than one year of actual active employment, | ||||||
3 | which may exclude periods of training, or injury or illness | ||||||
4 | leaves, including duty related leave, in excess of 30 calendar | ||||||
5 | days. Notwithstanding anything to the contrary in this Section, | ||||||
6 | the probationary employment period limitation may be extended | ||||||
7 | for a firefighter who is required, as a condition of | ||||||
8 | employment, to be a certified paramedic, during which time the | ||||||
9 | sole reason that a firefighter may be discharged without a | ||||||
10 | hearing is for failing to meet the requirements for paramedic | ||||||
11 | certification. | ||||||
12 | In the event that any applicant who has been found eligible | ||||||
13 | for appointment and whose name has been placed upon the final | ||||||
14 | eligibility register provided for in this Section has not been | ||||||
15 | appointed to a firefighter position within one year after the | ||||||
16 | date of his or her physical ability examination, the commission | ||||||
17 | may cause a second examination to be made of that applicant's | ||||||
18 | physical ability prior to his or her appointment. If, after the | ||||||
19 | second examination, the physical ability of the applicant shall | ||||||
20 | be found to be less than the minimum standard fixed by the | ||||||
21 | rules of the commission, the applicant shall not be appointed. | ||||||
22 | The applicant's name may be retained upon the register of | ||||||
23 | candidates eligible for appointment and when next reached for | ||||||
24 | certification and appointment that applicant may be again | ||||||
25 | examined as provided in this Section, and if the physical | ||||||
26 | ability of that applicant is found to be less than the minimum |
| |||||||
| |||||||
1 | standard fixed by the rules of the commission, the applicant | ||||||
2 | shall not be appointed, and the name of the applicant shall be | ||||||
3 | removed from the register. | ||||||
4 | (d) Notice, examination, and testing components. Notice of | ||||||
5 | the time, place, general scope, merit criteria for any | ||||||
6 | subjective component, and fee of every examination shall be | ||||||
7 | given by the commission, by a publication at least 2 weeks | ||||||
8 | preceding the examination: (i) in one or more newspapers | ||||||
9 | published in the municipality, or if no newspaper is published | ||||||
10 | therein, then in one or more newspapers with a general | ||||||
11 | circulation within the municipality, or (ii) on the | ||||||
12 | municipality's Internet website. Additional notice of the | ||||||
13 | examination may be given as the commission shall prescribe. | ||||||
14 | The examination and qualifying standards for employment of | ||||||
15 | firefighters shall be based on: mental aptitude, physical | ||||||
16 | ability, preferences, moral character, and health. The mental | ||||||
17 | aptitude, physical ability, and preference components shall | ||||||
18 | determine an applicant's qualification for and placement on the | ||||||
19 | final register of eligibles. The examination may also include a | ||||||
20 | subjective component based on merit criteria as determined by | ||||||
21 | the commission. Scores from the examination must be made | ||||||
22 | available to the public. | ||||||
23 | (e) Mental aptitude. No person who does not possess at | ||||||
24 | least a high school diploma or an equivalent high school | ||||||
25 | education shall be placed on a register of eligibles. | ||||||
26 | Examination of an applicant's mental aptitude shall be based |
| |||||||
| |||||||
1 | upon a written examination. The examination shall be practical | ||||||
2 | in character and relate to those matters that fairly test the | ||||||
3 | capacity of the persons examined to discharge the duties | ||||||
4 | performed by members of a fire department. Written examinations | ||||||
5 | shall be administered in a manner that ensures the security and | ||||||
6 | accuracy of the scores achieved. | ||||||
7 | (f) Physical ability. All candidates shall be required to | ||||||
8 | undergo an examination of their physical ability to perform the | ||||||
9 | essential functions included in the duties they may be called | ||||||
10 | upon to perform as a member of a fire department. For the | ||||||
11 | purposes of this Section, essential functions of the job are | ||||||
12 | functions associated with duties that a firefighter may be | ||||||
13 | called upon to perform in response to emergency calls. The | ||||||
14 | frequency of the occurrence of those duties as part of the fire | ||||||
15 | department's regular routine shall not be a controlling factor | ||||||
16 | in the design of examination criteria or evolutions selected | ||||||
17 | for testing. These physical examinations shall be open, | ||||||
18 | competitive, and based on industry standards designed to test | ||||||
19 | each applicant's physical abilities in the following | ||||||
20 | dimensions: | ||||||
21 | (1) Muscular strength to perform tasks and evolutions | ||||||
22 | that may be required in the performance of duties including | ||||||
23 | grip strength, leg strength, and arm strength. Tests shall | ||||||
24 | be conducted under anaerobic as well as aerobic conditions | ||||||
25 | to test both the candidate's speed and endurance in | ||||||
26 | performing tasks and evolutions. Tasks tested may be based |
| |||||||
| |||||||
1 | on standards developed, or approved, by the local | ||||||
2 | appointing authority. | ||||||
3 | (2) The ability to climb ladders, operate from heights, | ||||||
4 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
5 | and operate in proximity to hazardous environments. | ||||||
6 | (3) The ability to carry out critical, time-sensitive, | ||||||
7 | and complex problem solving during physical exertion in | ||||||
8 | stressful and hazardous environments. The testing | ||||||
9 | environment may be hot and dark with tightly enclosed | ||||||
10 | spaces, flashing lights, sirens, and other distractions. | ||||||
11 | The tests utilized to measure each applicant's
| ||||||
12 | capabilities in each of these dimensions may be tests based on
| ||||||
13 | industry standards currently in use or equivalent tests | ||||||
14 | approved by the Joint Labor-Management Committee of the Office | ||||||
15 | of the State Fire Marshal. | ||||||
16 | Physical ability examinations administered under this | ||||||
17 | Section shall be conducted with a reasonable number of proctors | ||||||
18 | and monitors, open to the public, and subject to reasonable | ||||||
19 | regulations of the commission. | ||||||
20 | (g) Scoring of examination components. Appointing | ||||||
21 | authorities may create a preliminary eligibility register. A | ||||||
22 | person shall be placed on the list based upon his or her | ||||||
23 | passage of the written examination or the passage of the | ||||||
24 | written examination and the physical ability component. | ||||||
25 | Passage of the written examination means a score that is at or | ||||||
26 | above the median score for all applicants participating in the |
| |||||||
| |||||||
1 | written test. The appointing authority may conduct the physical | ||||||
2 | ability component and any subjective components subsequent to | ||||||
3 | the posting of the preliminary eligibility register. | ||||||
4 | The examination components for an initial eligibility | ||||||
5 | register shall be graded on a 100-point scale. A person's | ||||||
6 | position on the list shall be determined by the following: (i)
| ||||||
7 | the person's score on the written examination, (ii) the person
| ||||||
8 | successfully passing the physical ability component, and (iii) | ||||||
9 | the
person's results on any subjective component as described | ||||||
10 | in
subsection (d). | ||||||
11 | In order to qualify for placement on the final eligibility | ||||||
12 | register, an applicant's score on the written examination, | ||||||
13 | before any applicable preference points or subjective points | ||||||
14 | are applied, shall be at or above the median score. The local | ||||||
15 | appointing authority may prescribe the score to qualify for | ||||||
16 | placement on the final eligibility register, but the score | ||||||
17 | shall not be less than the median score. | ||||||
18 | The commission shall prepare and keep a register of persons | ||||||
19 | whose total score is not less than the minimum fixed by this | ||||||
20 | Section and who have passed the physical ability examination. | ||||||
21 | These persons shall take rank upon the register as candidates | ||||||
22 | in the order of their relative excellence based on the highest | ||||||
23 | to the lowest total points scored on the mental aptitude, | ||||||
24 | subjective component, and preference components of the test | ||||||
25 | administered in accordance with this Section. No more than 60 | ||||||
26 | days after each examination, an initial eligibility list shall |
| |||||||
| |||||||
1 | be posted by the commission. The list shall include the final | ||||||
2 | grades of the candidates without reference to priority of the | ||||||
3 | time of examination and subject to claim for preference credit. | ||||||
4 | Commissions may conduct additional examinations, including | ||||||
5 | without limitation a polygraph test, after a final eligibility | ||||||
6 | register is established and before it expires with the | ||||||
7 | candidates ranked by total score without regard to date of | ||||||
8 | examination. No more than 60 days after each examination, an | ||||||
9 | initial eligibility list shall be posted by the commission | ||||||
10 | showing the final grades of the candidates without reference to | ||||||
11 | priority of time of examination and subject to claim for | ||||||
12 | preference credit. | ||||||
13 | (h) Preferences. The following are preferences: | ||||||
14 | (1) Veteran preference. Persons who were engaged in the | ||||||
15 | military service of the United States for a period of at | ||||||
16 | least one year of active duty and who were honorably | ||||||
17 | discharged therefrom, or who are now or have been members | ||||||
18 | on inactive or reserve duty in such military or naval | ||||||
19 | service, shall be preferred for appointment to and | ||||||
20 | employment with the fire department of an affected | ||||||
21 | department. | ||||||
22 | (2) Fire cadet preference. Persons who have | ||||||
23 | successfully completed 2 years of study in fire techniques | ||||||
24 | or cadet training within a cadet program established under | ||||||
25 | the rules of the Joint Labor and Management Committee | ||||||
26 | (JLMC), as defined in Section 50 of the Fire Department |
| |||||||
| |||||||
1 | Promotion Act, may be preferred for appointment to and | ||||||
2 | employment with the fire department. | ||||||
3 | (3) Educational preference. Persons who have | ||||||
4 | successfully obtained an associate's degree in the field of | ||||||
5 | fire service or emergency medical services, or a bachelor's | ||||||
6 | degree from an accredited college or university may be | ||||||
7 | preferred for appointment to and employment with the fire | ||||||
8 | department. | ||||||
9 | (4) Paramedic preference. Persons who have obtained | ||||||
10 | certification as an Emergency Medical Technician-Paramedic | ||||||
11 | (EMT-P) shall be preferred for appointment to and | ||||||
12 | employment with the fire department of an affected | ||||||
13 | department providing emergency medical services. | ||||||
14 | (5) Experience preference. All persons employed by a | ||||||
15 | municipality who have been paid-on-call or part-time | ||||||
16 | certified Firefighter II, State of Illinois or nationally | ||||||
17 | licensed EMT-B or EMT-I, or any combination of those | ||||||
18 | capacities shall be awarded 0.5 point for each year of | ||||||
19 | successful service in one or more of those capacities, up | ||||||
20 | to a maximum of 5 points. Certified Firefighter III and | ||||||
21 | State of Illinois or nationally licensed paramedics shall | ||||||
22 | be awarded one point per year up to a maximum of 5 points. | ||||||
23 | Applicants from outside the municipality who were employed | ||||||
24 | as full-time firefighters or firefighter-paramedics by a | ||||||
25 | fire protection district or another municipality for at | ||||||
26 | least 2 years shall be awarded 5 experience preference |
| |||||||
| |||||||
1 | points. These additional points presuppose a rating scale | ||||||
2 | totaling 100 points available for the eligibility list. If | ||||||
3 | more or fewer points are used in the rating scale for the | ||||||
4 | eligibility list, the points awarded under this subsection | ||||||
5 | shall be increased or decreased by a factor equal to the | ||||||
6 | total possible points available for the examination | ||||||
7 | divided by 100. | ||||||
8 | Upon request by the commission, the governing body of | ||||||
9 | the municipality or in the case of applicants from outside | ||||||
10 | the municipality the governing body of any fire protection | ||||||
11 | district or any other municipality shall certify to the | ||||||
12 | commission, within 10 days after the request, the number of | ||||||
13 | years of successful paid-on-call, part-time, or full-time | ||||||
14 | service of any person. A candidate may not receive the full | ||||||
15 | amount of preference points under this subsection if the | ||||||
16 | amount of points awarded would place the candidate before a | ||||||
17 | veteran on the eligibility list. If more than one candidate | ||||||
18 | receiving experience preference points is prevented from | ||||||
19 | receiving all of their points due to not being allowed to | ||||||
20 | pass a veteran, the candidates shall be placed on the list | ||||||
21 | below the veteran in rank order based on the totals | ||||||
22 | received if all points under this subsection were to be | ||||||
23 | awarded. Any remaining ties on the list shall be determined | ||||||
24 | by lot. | ||||||
25 | (6) Residency preference. Applicants whose principal | ||||||
26 | residence is located within the fire department's |
| |||||||
| |||||||
1 | jurisdiction shall be preferred for appointment to and | ||||||
2 | employment with the fire department. | ||||||
3 | (7) Additional preferences. Up to 5 additional | ||||||
4 | preference points may be awarded for unique categories | ||||||
5 | based on an applicant's experience or background as | ||||||
6 | identified by the commission. | ||||||
7 | (8) Scoring of preferences. The commission shall give | ||||||
8 | preference for original appointment
to persons designated | ||||||
9 | in item (1)
by adding to the final grade that they receive | ||||||
10 | 5 points
for the recognized preference achieved. The | ||||||
11 | commission shall determine the number of preference points | ||||||
12 | for each category except (1). The number of preference | ||||||
13 | points for each category shall range from 0 to 5. In | ||||||
14 | determining the number of preference points, the | ||||||
15 | commission shall prescribe that if a candidate earns the | ||||||
16 | maximum number of preference points in all categories, that | ||||||
17 | number may not be less than 10 nor more than 30. The | ||||||
18 | commission shall give preference for original appointment | ||||||
19 | to persons designated in items (2) through (7) by adding | ||||||
20 | the requisite number of points to the final grade for each | ||||||
21 | recognized preference achieved. The numerical result thus | ||||||
22 | attained shall be applied by the commission in determining | ||||||
23 | the final eligibility list and appointment from the | ||||||
24 | eligibility list. The local appointing authority may | ||||||
25 | prescribe the total number of preference points awarded | ||||||
26 | under this Section, but the total number of preference |
| |||||||
| |||||||
1 | points shall not be less than 10 points or more than 30 | ||||||
2 | points. | ||||||
3 | No person entitled to any preference shall be required to | ||||||
4 | claim the credit before any examination held under the | ||||||
5 | provisions of this Section, but the preference shall be given | ||||||
6 | after the posting or publication of the initial eligibility | ||||||
7 | list or register at the request of a person entitled to a | ||||||
8 | credit before any certification or appointments are made from | ||||||
9 | the eligibility register, upon the furnishing of verifiable | ||||||
10 | evidence and proof of qualifying preference credit. Candidates | ||||||
11 | who are eligible for preference credit shall make a claim in | ||||||
12 | writing within 10 days after the posting of the initial | ||||||
13 | eligibility list, or the claim shall be deemed waived. Final | ||||||
14 | eligibility registers shall be established after the awarding | ||||||
15 | of verified preference points. All employment shall be subject | ||||||
16 | to the commission's initial hire background review including, | ||||||
17 | but not limited to, criminal history, employment history, moral | ||||||
18 | character, oral examination, and medical and psychological | ||||||
19 | examinations, all on a pass-fail basis. The medical and | ||||||
20 | psychological examinations must be conducted last, and may only | ||||||
21 | be performed after a conditional offer of employment has been | ||||||
22 | extended. | ||||||
23 | Any person placed on an eligibility list who exceeds the | ||||||
24 | age requirement before being appointed to a fire department | ||||||
25 | shall remain eligible for appointment until the list is | ||||||
26 | abolished, or his or her name has been on the list for a period |
| |||||||
| |||||||
1 | of 2 years. No person who has attained the age of 35 years | ||||||
2 | shall be inducted into a fire department, except as otherwise | ||||||
3 | provided in this Section. | ||||||
4 | The commission shall strike off the names of candidates for | ||||||
5 | original appointment after the names have been on the list for | ||||||
6 | more than 2 years. | ||||||
7 | (i) Moral character. No person shall be appointed to a fire | ||||||
8 | department unless he or she is a person of good character; not | ||||||
9 | a habitual drunkard, a gambler, or a person who has been | ||||||
10 | convicted of a felony or a crime involving moral turpitude. | ||||||
11 | However, no person shall be disqualified from appointment to | ||||||
12 | the fire department because of the person's record of | ||||||
13 | misdemeanor convictions except those under Sections 11-6, | ||||||
14 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
15 | 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, 28-3, | ||||||
16 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||||||
17 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
19 | without conviction thereon. Any such person who is in the | ||||||
20 | department may be removed on charges brought for violating this | ||||||
21 | subsection and after a trial as hereinafter provided. | ||||||
22 | A classifiable set of the fingerprints of every person who | ||||||
23 | is offered employment as a certificated member of an affected | ||||||
24 | fire department whether with or without compensation, shall be | ||||||
25 | furnished to the Illinois Department of State Police and to the | ||||||
26 | Federal Bureau of Investigation by the commission. |
| |||||||
| |||||||
1 | Whenever a commission is authorized or required by law to | ||||||
2 | consider some aspect of criminal history record information for | ||||||
3 | the purpose of carrying out its statutory powers and | ||||||
4 | responsibilities, then, upon request and payment of fees in | ||||||
5 | conformance with the requirements of Section 2605-400 of the | ||||||
6 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
7 | the Department of State Police is authorized to furnish, | ||||||
8 | pursuant to positive identification, the information contained | ||||||
9 | in State files as is necessary to fulfill the request. | ||||||
10 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
11 | of public business, to meet extraordinary exigencies, or to | ||||||
12 | prevent material impairment of the fire department, the | ||||||
13 | commission may make temporary appointments, to remain in force | ||||||
14 | only until regular appointments are made under the provisions | ||||||
15 | of this Division, but never to exceed 60 days. No temporary | ||||||
16 | appointment of any one person shall be made more than twice in | ||||||
17 | any calendar year. | ||||||
18 | (k) A person who knowingly divulges or receives test | ||||||
19 | questions or answers before a written examination, or otherwise | ||||||
20 | knowingly violates or subverts any requirement of this Section, | ||||||
21 | commits a violation of this Section and may be subject to | ||||||
22 | charges for official misconduct. | ||||||
23 | A person who is the knowing recipient of test information | ||||||
24 | in advance of the examination shall be disqualified from the | ||||||
25 | examination or discharged from the position to which he or she | ||||||
26 | was appointed, as applicable, and otherwise subjected to |
| |||||||
| |||||||
1 | disciplinary actions.
| ||||||
2 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
3 | 97-1150, eff. 1-25-13.) | ||||||
4 | Section 55. The Fire Protection District Act is amended by | ||||||
5 | changing Sections 16.06 and 16.06b as follows:
| ||||||
6 | (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
| ||||||
7 | Sec. 16.06. Eligibility for positions in fire department;
| ||||||
8 | disqualifications. | ||||||
9 | (a) All applicants for a position in the fire department of | ||||||
10 | the
fire protection district shall be under 35 years of age and | ||||||
11 | shall be
subjected to examination, which shall be public, | ||||||
12 | competitive, and free to
all applicants, subject to reasonable | ||||||
13 | limitations as to health, habits, and
moral character; provided | ||||||
14 | that the foregoing age limitation shall not apply
in the case | ||||||
15 | of any person having previous employment status as a fireman in | ||||||
16 | a
regularly constituted fire department of any fire protection | ||||||
17 | district, and
further provided that each fireman or fire chief | ||||||
18 | who is a member in
good standing in a regularly constituted | ||||||
19 | fire department of any municipality
which shall be or shall | ||||||
20 | have subsequently been included within the boundaries
of any | ||||||
21 | fire protection district now or hereafter organized shall be | ||||||
22 | given
a preference for original appointment in the same class, | ||||||
23 | grade or employment
over all other applicants. The examinations | ||||||
24 | shall be practical in their
character and shall relate to those |
| |||||||
| |||||||
1 | matters which will fairly test the persons
examined as to their | ||||||
2 | relative capacity to discharge the duties of the positions
to | ||||||
3 | which they seek appointment. The examinations shall include | ||||||
4 | tests of
physical qualifications and health. No applicant, | ||||||
5 | however, shall be examined
concerning his political or | ||||||
6 | religious opinions or affiliations. The
examinations shall be | ||||||
7 | conducted by the board of fire commissioners.
| ||||||
8 | In any fire protection district that employs full-time | ||||||
9 | firefighters and is subject to a collective bargaining | ||||||
10 | agreement, a person who has not qualified for regular | ||||||
11 | appointment under the provisions of this Section shall not be | ||||||
12 | used as a temporary or permanent substitute for certificated | ||||||
13 | members of a fire district's fire department or for regular | ||||||
14 | appointment as a certificated member of a fire district's fire | ||||||
15 | department unless mutually agreed to by the employee's | ||||||
16 | certified bargaining agent. Such agreement shall be considered | ||||||
17 | a permissive subject of bargaining. Fire protection districts | ||||||
18 | covered by the changes made by this amendatory Act of the 95th | ||||||
19 | General Assembly that are using non-certificated employees as | ||||||
20 | substitutes immediately prior to the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
22 | agreement with the certified bargaining agent, continue the | ||||||
23 | existing practice or a modified practice and that agreement | ||||||
24 | shall be considered a permissive subject of bargaining.
| ||||||
25 | (b) No person shall be appointed to the fire department | ||||||
26 | unless he or she is
a person of good character and not a person |
| |||||||
| |||||||
1 | who has been convicted of a felony
in Illinois or convicted in | ||||||
2 | another jurisdiction for conduct that would be a
felony under | ||||||
3 | Illinois law, or convicted of a crime involving moral | ||||||
4 | turpitude.
No person,
however, shall be disqualified from | ||||||
5 | appointment to the fire department because
of his or her record | ||||||
6 | of misdemeanor convictions, except those under Sections
| ||||||
7 | 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, | ||||||
8 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-0.1, | ||||||
9 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, | ||||||
10 | 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of | ||||||
11 | Section 11-14.3, and subsections (1), (6), and (8) of Section | ||||||
12 | 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
14 | (70 ILCS 705/16.06b) | ||||||
15 | Sec. 16.06b. Original appointments; full-time fire | ||||||
16 | department. | ||||||
17 | (a) Applicability. Unless a commission elects to follow the | ||||||
18 | provisions of Section 16.06c, this Section shall apply to all | ||||||
19 | original appointments to an affected full-time fire | ||||||
20 | department. Existing registers of eligibles shall continue to | ||||||
21 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
22 | years after the effective date of this amendatory Act of the | ||||||
23 | 97th General Assembly. | ||||||
24 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
25 | to the contrary, all original appointments to an affected |
| |||||||
| |||||||
1 | department to which this Section applies shall be administered | ||||||
2 | in a no less stringent manner than the manner provided for in | ||||||
3 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
4 | Protection District Act, fire district ordinances, and rules | ||||||
5 | adopted pursuant to such authority and other laws relating to | ||||||
6 | initial hiring of firefighters in affected departments shall | ||||||
7 | continue to apply to the extent they are compatible with this | ||||||
8 | Section, but in the event of a conflict between this Section | ||||||
9 | and any other law, this Section shall control. | ||||||
10 | A fire protection district that is operating under a court | ||||||
11 | order or consent decree regarding original appointments to a | ||||||
12 | full-time fire department before the effective date of this | ||||||
13 | amendatory Act of the 97th General Assembly is exempt from the | ||||||
14 | requirements of this Section for the duration of the court | ||||||
15 | order or consent decree. | ||||||
16 | (b) Original appointments. All original appointments made | ||||||
17 | to an affected fire department shall be made from a register of | ||||||
18 | eligibles established in accordance with the processes | ||||||
19 | required by this Section. Only persons who meet or exceed the | ||||||
20 | performance standards required by the Section shall be placed | ||||||
21 | on a register of eligibles for original appointment to an | ||||||
22 | affected fire department. | ||||||
23 | Whenever an appointing authority authorizes action to hire | ||||||
24 | a person to perform the duties of a firefighter or to hire a | ||||||
25 | firefighter-paramedic to fill a position that is a new position | ||||||
26 | or vacancy due to resignation, discharge, promotion, death, the |
| |||||||
| |||||||
1 | granting of a disability or retirement pension, or any other | ||||||
2 | cause, the appointing authority shall appoint to that position | ||||||
3 | the person with the highest ranking on the final eligibility | ||||||
4 | list. If the appointing authority has reason to conclude that | ||||||
5 | the highest ranked person fails to meet the minimum standards | ||||||
6 | for the position or if the appointing authority believes an | ||||||
7 | alternate candidate would better serve the needs of the | ||||||
8 | department, then the appointing authority has the right to pass | ||||||
9 | over the highest ranked person and appoint either: (i) any | ||||||
10 | person who has a ranking in the top 5% of the register of | ||||||
11 | eligibles or (ii) any person who is among the top 5 highest | ||||||
12 | ranked persons on the list of eligibles if the number of people | ||||||
13 | who have a ranking in the top 5% of the register of eligibles | ||||||
14 | is less than 5 people. | ||||||
15 | Any candidate may pass on an appointment once without | ||||||
16 | losing his or her position on the register of eligibles. Any | ||||||
17 | candidate who passes a second time may be removed from the list | ||||||
18 | by the appointing authority provided that such action shall not | ||||||
19 | prejudice a person's opportunities to participate in future | ||||||
20 | examinations, including an examination held during the time a | ||||||
21 | candidate is already on the fire district's register of | ||||||
22 | eligibles. | ||||||
23 | The sole authority to issue certificates of appointment | ||||||
24 | shall be vested in the board of fire commissioners, or board of | ||||||
25 | trustees serving in the capacity of a board of fire | ||||||
26 | commissioners. All certificates of appointment issued to any |
| |||||||
| |||||||
1 | officer or member of an affected department shall be signed by | ||||||
2 | the chairperson and secretary, respectively, of the commission | ||||||
3 | upon appointment of such officer or member to the affected | ||||||
4 | department by action of the commission. Each person who accepts | ||||||
5 | a certificate of appointment and successfully completes his or | ||||||
6 | her probationary period shall be enrolled as a firefighter and | ||||||
7 | as a regular member of the fire department. | ||||||
8 | For the purposes of this Section, "firefighter" means any | ||||||
9 | person who has been prior to, on, or after the effective date | ||||||
10 | of this amendatory Act of the 97th General Assembly appointed | ||||||
11 | to a fire department or fire protection district or employed by | ||||||
12 | a State university and sworn or commissioned to perform | ||||||
13 | firefighter duties or paramedic duties, or both, except that | ||||||
14 | the following persons are not included: part-time | ||||||
15 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
16 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
17 | other civilian employees of a fire department or fire | ||||||
18 | protection district who are not routinely expected to perform | ||||||
19 | firefighter duties; and elected officials. | ||||||
20 | (c) Qualification for placement on register of eligibles. | ||||||
21 | The purpose of establishing a register of eligibles is to | ||||||
22 | identify applicants who possess and demonstrate the mental | ||||||
23 | aptitude and physical ability to perform the duties required of | ||||||
24 | members of the fire department in order to provide the highest | ||||||
25 | quality of service to the public. To this end, all applicants | ||||||
26 | for original appointment to an affected fire department shall |
| |||||||
| |||||||
1 | be subject to examination and testing which shall be public, | ||||||
2 | competitive, and open to all applicants unless the district | ||||||
3 | shall by ordinance limit applicants to residents of the | ||||||
4 | district, county or counties in which the district is located, | ||||||
5 | State, or nation. Districts may establish educational, | ||||||
6 | emergency medical service licensure, and other pre-requisites | ||||||
7 | for participation in an examination or for hire as a | ||||||
8 | firefighter. Any fire protection district may charge a fee to | ||||||
9 | cover the costs of the application process. | ||||||
10 | Residency requirements in effect at the time an individual | ||||||
11 | enters the fire service of a district cannot be made more | ||||||
12 | restrictive for that individual during his or her period of | ||||||
13 | service for that district, or be made a condition of promotion, | ||||||
14 | except for the rank or position of fire chief and for no more | ||||||
15 | than 2 positions that rank immediately below that of the chief | ||||||
16 | rank which are appointed positions pursuant to the Fire | ||||||
17 | Department Promotion Act. | ||||||
18 | No person who is 35 years of age or older shall be eligible | ||||||
19 | to take an examination for a position as a firefighter unless | ||||||
20 | the person has had previous employment status as a firefighter | ||||||
21 | in the regularly constituted fire department of the district, | ||||||
22 | except as provided in this Section. The age limitation does not | ||||||
23 | apply to: | ||||||
24 | (1) any person previously employed as a full-time | ||||||
25 | firefighter in a regularly constituted fire department of | ||||||
26 | (i) any municipality or fire protection district located in |
| |||||||
| |||||||
1 | Illinois, (ii) a fire protection district whose | ||||||
2 | obligations were assumed by a municipality under Section 21 | ||||||
3 | of the Fire Protection District Act, or (iii) a | ||||||
4 | municipality whose obligations were taken over by a fire | ||||||
5 | protection district, or | ||||||
6 | (2) any person who has served a fire district as a | ||||||
7 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
8 | firefighter for the 5 years immediately preceding the time | ||||||
9 | that the district begins to use full-time firefighters to | ||||||
10 | provide all or part of its fire protection service. | ||||||
11 | No person who is under 21 years of age shall be eligible | ||||||
12 | for employment as a firefighter. | ||||||
13 | No applicant shall be examined concerning his or her | ||||||
14 | political or religious opinions or affiliations. The | ||||||
15 | examinations shall be conducted by the commissioners of the | ||||||
16 | district or their designees and agents. | ||||||
17 | No district shall require that any firefighter appointed to | ||||||
18 | the lowest rank serve a probationary employment period of | ||||||
19 | longer than one year of actual active employment, which may | ||||||
20 | exclude periods of training, or injury or illness leaves, | ||||||
21 | including duty related leave, in excess of 30 calendar days. | ||||||
22 | Notwithstanding anything to the contrary in this Section, the | ||||||
23 | probationary employment period limitation may be extended for a | ||||||
24 | firefighter who is required, as a condition of employment, to | ||||||
25 | be a certified paramedic, during which time the sole reason | ||||||
26 | that a firefighter may be discharged without a hearing is for |
| |||||||
| |||||||
1 | failing to meet the requirements for paramedic certification. | ||||||
2 | In the event that any applicant who has been found eligible | ||||||
3 | for appointment and whose name has been placed upon the final | ||||||
4 | eligibility register provided for in this Section has not been | ||||||
5 | appointed to a firefighter position within one year after the | ||||||
6 | date of his or her physical ability examination, the commission | ||||||
7 | may cause a second examination to be made of that applicant's | ||||||
8 | physical ability prior to his or her appointment. If, after the | ||||||
9 | second examination, the physical ability of the applicant shall | ||||||
10 | be found to be less than the minimum standard fixed by the | ||||||
11 | rules of the commission, the applicant shall not be appointed. | ||||||
12 | The applicant's name may be retained upon the register of | ||||||
13 | candidates eligible for appointment and when next reached for | ||||||
14 | certification and appointment that applicant may be again | ||||||
15 | examined as provided in this Section, and if the physical | ||||||
16 | ability of that applicant is found to be less than the minimum | ||||||
17 | standard fixed by the rules of the commission, the applicant | ||||||
18 | shall not be appointed, and the name of the applicant shall be | ||||||
19 | removed from the register. | ||||||
20 | (d) Notice, examination, and testing components. Notice of | ||||||
21 | the time, place, general scope, merit criteria for any | ||||||
22 | subjective component, and fee of every examination shall be | ||||||
23 | given by the commission, by a publication at least 2 weeks | ||||||
24 | preceding the examination: (i) in one or more newspapers | ||||||
25 | published in the district, or if no newspaper is published | ||||||
26 | therein, then in one or more newspapers with a general |
| |||||||
| |||||||
1 | circulation within the district, or (ii) on the fire protection | ||||||
2 | district's Internet website. Additional notice of the | ||||||
3 | examination may be given as the commission shall prescribe. | ||||||
4 | The examination and qualifying standards for employment of | ||||||
5 | firefighters shall be based on: mental aptitude, physical | ||||||
6 | ability, preferences, moral character, and health. The mental | ||||||
7 | aptitude, physical ability, and preference components shall | ||||||
8 | determine an applicant's qualification for and placement on the | ||||||
9 | final register of eligibles. The examination may also include a | ||||||
10 | subjective component based on merit criteria as determined by | ||||||
11 | the commission. Scores from the examination must be made | ||||||
12 | available to the public. | ||||||
13 | (e) Mental aptitude. No person who does not possess at | ||||||
14 | least a high school diploma or an equivalent high school | ||||||
15 | education shall be placed on a register of eligibles. | ||||||
16 | Examination of an applicant's mental aptitude shall be based | ||||||
17 | upon a written examination. The examination shall be practical | ||||||
18 | in character and relate to those matters that fairly test the | ||||||
19 | capacity of the persons examined to discharge the duties | ||||||
20 | performed by members of a fire department. Written examinations | ||||||
21 | shall be administered in a manner that ensures the security and | ||||||
22 | accuracy of the scores achieved. | ||||||
23 | (f) Physical ability. All candidates shall be required to | ||||||
24 | undergo an examination of their physical ability to perform the | ||||||
25 | essential functions included in the duties they may be called | ||||||
26 | upon to perform as a member of a fire department. For the |
| |||||||
| |||||||
1 | purposes of this Section, essential functions of the job are | ||||||
2 | functions associated with duties that a firefighter may be | ||||||
3 | called upon to perform in response to emergency calls. The | ||||||
4 | frequency of the occurrence of those duties as part of the fire | ||||||
5 | department's regular routine shall not be a controlling factor | ||||||
6 | in the design of examination criteria or evolutions selected | ||||||
7 | for testing. These physical examinations shall be open, | ||||||
8 | competitive, and based on industry standards designed to test | ||||||
9 | each applicant's physical abilities in the following | ||||||
10 | dimensions: | ||||||
11 | (1) Muscular strength to perform tasks and evolutions | ||||||
12 | that may be required in the performance of duties including | ||||||
13 | grip strength, leg strength, and arm strength. Tests shall | ||||||
14 | be conducted under anaerobic as well as aerobic conditions | ||||||
15 | to test both the candidate's speed and endurance in | ||||||
16 | performing tasks and evolutions. Tasks tested may be based | ||||||
17 | on standards developed, or approved, by the local | ||||||
18 | appointing authority. | ||||||
19 | (2) The ability to climb ladders, operate from heights, | ||||||
20 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
21 | and operate in proximity to hazardous environments. | ||||||
22 | (3) The ability to carry out critical, time-sensitive, | ||||||
23 | and complex problem solving during physical exertion in | ||||||
24 | stressful and hazardous environments. The testing | ||||||
25 | environment may be hot and dark with tightly enclosed | ||||||
26 | spaces, flashing lights, sirens, and other distractions. |
| |||||||
| |||||||
1 | The tests utilized to measure each applicant's
| ||||||
2 | capabilities in each of these dimensions may be tests based on
| ||||||
3 | industry standards currently in use or equivalent tests | ||||||
4 | approved by the Joint Labor-Management Committee of the Office | ||||||
5 | of the State Fire Marshal. | ||||||
6 | Physical ability examinations administered under this | ||||||
7 | Section shall be conducted with a reasonable number of proctors | ||||||
8 | and monitors, open to the public, and subject to reasonable | ||||||
9 | regulations of the commission. | ||||||
10 | (g) Scoring of examination components. Appointing | ||||||
11 | authorities may create a preliminary eligibility register. A | ||||||
12 | person shall be placed on the list based upon his or her | ||||||
13 | passage of the written examination or the passage of the | ||||||
14 | written examination and the physical ability component. | ||||||
15 | Passage of the written examination means a score that is at or | ||||||
16 | above the median score for all applicants participating in the | ||||||
17 | written test. The appointing authority may conduct the physical | ||||||
18 | ability component and any subjective components subsequent to | ||||||
19 | the posting of the preliminary eligibility register. | ||||||
20 | The examination components for an initial eligibility | ||||||
21 | register shall be graded on a 100-point scale. A person's | ||||||
22 | position on the list shall be determined by the following: (i)
| ||||||
23 | the person's score on the written examination, (ii) the person
| ||||||
24 | successfully passing the physical ability component, and (iii) | ||||||
25 | the
person's results on any subjective component as described | ||||||
26 | in
subsection (d). |
| |||||||
| |||||||
1 | In order to qualify for placement on the final eligibility | ||||||
2 | register, an applicant's score on the written examination, | ||||||
3 | before any applicable preference points or subjective points | ||||||
4 | are applied, shall be at or above the median score. The local | ||||||
5 | appointing authority may prescribe the score to qualify for | ||||||
6 | placement on the final eligibility register, but the score | ||||||
7 | shall not be less than the median score. | ||||||
8 | The commission shall prepare and keep a register of persons | ||||||
9 | whose total score is not less than the minimum fixed by this | ||||||
10 | Section and who have passed the physical ability examination. | ||||||
11 | These persons shall take rank upon the register as candidates | ||||||
12 | in the order of their relative excellence based on the highest | ||||||
13 | to the lowest total points scored on the mental aptitude, | ||||||
14 | subjective component, and preference components of the test | ||||||
15 | administered in accordance with this Section. No more than 60 | ||||||
16 | days after each examination, an initial eligibility list shall | ||||||
17 | be posted by the commission. The list shall include the final | ||||||
18 | grades of the candidates without reference to priority of the | ||||||
19 | time of examination and subject to claim for preference credit. | ||||||
20 | Commissions may conduct additional examinations, including | ||||||
21 | without limitation a polygraph test, after a final eligibility | ||||||
22 | register is established and before it expires with the | ||||||
23 | candidates ranked by total score without regard to date of | ||||||
24 | examination. No more than 60 days after each examination, an | ||||||
25 | initial eligibility list shall be posted by the commission | ||||||
26 | showing the final grades of the candidates without reference to |
| |||||||
| |||||||
1 | priority of time of examination and subject to claim for | ||||||
2 | preference credit. | ||||||
3 | (h) Preferences. The following are preferences: | ||||||
4 | (1) Veteran preference. Persons who were engaged in the | ||||||
5 | military service of the United States for a period of at | ||||||
6 | least one year of active duty and who were honorably | ||||||
7 | discharged therefrom, or who are now or have been members | ||||||
8 | on inactive or reserve duty in such military or naval | ||||||
9 | service, shall be preferred for appointment to and | ||||||
10 | employment with the fire department of an affected | ||||||
11 | department. | ||||||
12 | (2) Fire cadet preference. Persons who have | ||||||
13 | successfully completed 2 years of study in fire techniques | ||||||
14 | or cadet training within a cadet program established under | ||||||
15 | the rules of the Joint Labor and Management Committee | ||||||
16 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
17 | Promotion Act, may be preferred for appointment to and | ||||||
18 | employment with the fire department. | ||||||
19 | (3) Educational preference. Persons who have | ||||||
20 | successfully obtained an associate's degree in the field of | ||||||
21 | fire service or emergency medical services, or a bachelor's | ||||||
22 | degree from an accredited college or university may be | ||||||
23 | preferred for appointment to and employment with the fire | ||||||
24 | department. | ||||||
25 | (4) Paramedic preference. Persons who have obtained | ||||||
26 | certification as an Emergency Medical Technician-Paramedic |
| |||||||
| |||||||
1 | (EMT-P) may be preferred for appointment to and employment | ||||||
2 | with the fire department of an affected department | ||||||
3 | providing emergency medical services. | ||||||
4 | (5) Experience preference. All persons employed by a | ||||||
5 | district who have been paid-on-call or part-time certified | ||||||
6 | Firefighter II, certified Firefighter III, State of | ||||||
7 | Illinois or nationally licensed EMT-B or EMT-I, licensed | ||||||
8 | paramedic, or any combination of those capacities may be | ||||||
9 | awarded up to a maximum of 5 points. However, the applicant | ||||||
10 | may not be awarded more than 0.5 points for each complete | ||||||
11 | year of paid-on-call or part-time service. Applicants from | ||||||
12 | outside the district who were employed as full-time | ||||||
13 | firefighters or firefighter-paramedics by a fire | ||||||
14 | protection district or municipality for at least 2 years | ||||||
15 | may be awarded up to 5 experience preference points. | ||||||
16 | However, the applicant may not be awarded more than one | ||||||
17 | point for each complete year of full-time service. | ||||||
18 | Upon request by the commission, the governing body of | ||||||
19 | the district or in the case of applicants from outside the | ||||||
20 | district the governing body of any other fire protection | ||||||
21 | district or any municipality shall certify to the | ||||||
22 | commission, within 10 days after the request, the number of | ||||||
23 | years of successful paid-on-call, part-time, or full-time | ||||||
24 | service of any person. A candidate may not receive the full | ||||||
25 | amount of preference points under this subsection if the | ||||||
26 | amount of points awarded would place the candidate before a |
| |||||||
| |||||||
1 | veteran on the eligibility list. If more than one candidate | ||||||
2 | receiving experience preference points is prevented from | ||||||
3 | receiving all of their points due to not being allowed to | ||||||
4 | pass a veteran, the candidates shall be placed on the list | ||||||
5 | below the veteran in rank order based on the totals | ||||||
6 | received if all points under this subsection were to be | ||||||
7 | awarded. Any remaining ties on the list shall be determined | ||||||
8 | by lot. | ||||||
9 | (6) Residency preference. Applicants whose principal | ||||||
10 | residence is located within the fire department's | ||||||
11 | jurisdiction may be preferred for appointment to and | ||||||
12 | employment with the fire department. | ||||||
13 | (7) Additional preferences. Up to 5 additional | ||||||
14 | preference points may be awarded for unique categories | ||||||
15 | based on an applicant's experience or background as | ||||||
16 | identified by the commission. | ||||||
17 | (8) Scoring of preferences. The
commission shall give | ||||||
18 | preference for original appointment
to persons designated | ||||||
19 | in item (1)
by adding to the final grade that they receive | ||||||
20 | 5 points
for the recognized preference achieved. The | ||||||
21 | commission shall determine the number of preference points | ||||||
22 | for each category except (1). The number of preference | ||||||
23 | points for each category shall range from 0 to 5. In | ||||||
24 | determining the number of preference points, the | ||||||
25 | commission shall prescribe that if a candidate earns the | ||||||
26 | maximum number of preference points in all categories, that |
| |||||||
| |||||||
1 | number may not be less than 10 nor more than 30. The | ||||||
2 | commission shall give preference for original appointment | ||||||
3 | to persons designated in items (2) through (7) by adding | ||||||
4 | the requisite number of points to the final grade for each | ||||||
5 | recognized preference achieved. The numerical result thus | ||||||
6 | attained shall be applied by the commission in determining | ||||||
7 | the final eligibility list and appointment from the | ||||||
8 | eligibility list. The local appointing authority may | ||||||
9 | prescribe the total number of preference points awarded | ||||||
10 | under this Section, but the total number of preference | ||||||
11 | points shall not be less than 10 points or more than 30 | ||||||
12 | points. | ||||||
13 | No person entitled to any preference shall be required to | ||||||
14 | claim the credit before any examination held under the | ||||||
15 | provisions of this Section, but the preference shall be given | ||||||
16 | after the posting or publication of the initial eligibility | ||||||
17 | list or register at the request of a person entitled to a | ||||||
18 | credit before any certification or appointments are made from | ||||||
19 | the eligibility register, upon the furnishing of verifiable | ||||||
20 | evidence and proof of qualifying preference credit. Candidates | ||||||
21 | who are eligible for preference credit shall make a claim in | ||||||
22 | writing within 10 days after the posting of the initial | ||||||
23 | eligibility list, or the claim shall be deemed waived. Final | ||||||
24 | eligibility registers shall be established after the awarding | ||||||
25 | of verified preference points. All employment shall be subject | ||||||
26 | to the commission's initial hire background review including, |
| |||||||
| |||||||
1 | but not limited to, criminal history, employment history, moral | ||||||
2 | character, oral examination, and medical and psychological | ||||||
3 | examinations, all on a pass-fail basis. The medical and | ||||||
4 | psychological examinations must be conducted last, and may only | ||||||
5 | be performed after a conditional offer of employment has been | ||||||
6 | extended. | ||||||
7 | Any person placed on an eligibility list who exceeds the | ||||||
8 | age requirement before being appointed to a fire department | ||||||
9 | shall remain eligible for appointment until the list is | ||||||
10 | abolished, or his or her name has been on the list for a period | ||||||
11 | of 2 years. No person who has attained the age of 35 years | ||||||
12 | shall be inducted into a fire department, except as otherwise | ||||||
13 | provided in this Section. | ||||||
14 | The commission shall strike off the names of candidates for | ||||||
15 | original appointment after the names have been on the list for | ||||||
16 | more than 2 years. | ||||||
17 | (i) Moral character. No person shall be appointed to a fire | ||||||
18 | department unless he or she is a person of good character; not | ||||||
19 | a habitual drunkard, a gambler, or a person who has been | ||||||
20 | convicted of a felony or a crime involving moral turpitude. | ||||||
21 | However, no person shall be disqualified from appointment to | ||||||
22 | the fire department because of the person's record of | ||||||
23 | misdemeanor convictions except those under Sections 11-6, | ||||||
24 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
25 | 12-15, 14-4, 16-1, 21.1-3, 24-0.1, 24-3.1, 24-5, 25-1, 28-3, | ||||||
26 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and |
| |||||||
| |||||||
1 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
3 | without conviction thereon. Any such person who is in the | ||||||
4 | department may be removed on charges brought for violating this | ||||||
5 | subsection and after a trial as hereinafter provided. | ||||||
6 | A classifiable set of the fingerprints of every person who | ||||||
7 | is offered employment as a certificated member of an affected | ||||||
8 | fire department whether with or without compensation, shall be | ||||||
9 | furnished to the Illinois Department of State Police and to the | ||||||
10 | Federal Bureau of Investigation by the commission. | ||||||
11 | Whenever a commission is authorized or required by law to | ||||||
12 | consider some aspect of criminal history record information for | ||||||
13 | the purpose of carrying out its statutory powers and | ||||||
14 | responsibilities, then, upon request and payment of fees in | ||||||
15 | conformance with the requirements of Section 2605-400 of the | ||||||
16 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
17 | the Department of State Police is authorized to furnish, | ||||||
18 | pursuant to positive identification, the information contained | ||||||
19 | in State files as is necessary to fulfill the request. | ||||||
20 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
21 | of public business, to meet extraordinary exigencies, or to | ||||||
22 | prevent material impairment of the fire department, the | ||||||
23 | commission may make temporary appointments, to remain in force | ||||||
24 | only until regular appointments are made under the provisions | ||||||
25 | of this Section, but never to exceed 60 days. No temporary | ||||||
26 | appointment of any one person shall be made more than twice in |
| |||||||
| |||||||
1 | any calendar year. | ||||||
2 | (k) A person who knowingly divulges or receives test | ||||||
3 | questions or answers before a written examination, or otherwise | ||||||
4 | knowingly violates or subverts any requirement of this Section, | ||||||
5 | commits a violation of this Section and may be subject to | ||||||
6 | charges for official misconduct. | ||||||
7 | A person who is the knowing recipient of test information | ||||||
8 | in advance of the examination shall be disqualified from the | ||||||
9 | examination or discharged from the position to which he or she | ||||||
10 | was appointed, as applicable, and otherwise subjected to | ||||||
11 | disciplinary actions.
| ||||||
12 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
13 | 97-1150, eff. 1-25-13.) | ||||||
14 | Section 60. The School Code is amended by changing Sections | ||||||
15 | 10-22.6, 10-27.1A and 34-8.05 as follows:
| ||||||
16 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||||||
17 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
18 | searches.
| ||||||
19 | (a) To expel pupils guilty of gross disobedience or | ||||||
20 | misconduct, including gross disobedience or misconduct | ||||||
21 | perpetuated by electronic means, and
no action shall lie | ||||||
22 | against them for such expulsion. Expulsion shall
take place | ||||||
23 | only after the parents have been requested to appear at a
| ||||||
24 | meeting of the board, or with a hearing officer appointed by |
| |||||||
| |||||||
1 | it, to
discuss their child's behavior. Such request shall be | ||||||
2 | made by registered
or certified mail and shall state the time, | ||||||
3 | place and purpose of the
meeting. The board, or a hearing | ||||||
4 | officer appointed by it, at such
meeting shall state the | ||||||
5 | reasons for dismissal and the date on which the
expulsion is to | ||||||
6 | become effective. If a hearing officer is appointed by
the | ||||||
7 | board he shall report to the board a written summary of the | ||||||
8 | evidence
heard at the meeting and the board may take such | ||||||
9 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
10 | be immediately transferred to an alternative program in the | ||||||
11 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
12 | must not be denied transfer because of the expulsion, except in | ||||||
13 | cases in which such transfer is deemed to cause a threat to the | ||||||
14 | safety of students or staff in the alternative program.
| ||||||
15 | (b) To suspend or by policy to authorize the superintendent | ||||||
16 | of
the district or the principal, assistant principal, or dean | ||||||
17 | of students
of any school to suspend pupils guilty of gross | ||||||
18 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
19 | gross disobedience or misconduct on the school bus
from riding | ||||||
20 | the school bus, and no action
shall lie against them for such | ||||||
21 | suspension. The board may by policy
authorize the | ||||||
22 | superintendent of the district or the principal, assistant
| ||||||
23 | principal, or dean of students of any
school to suspend pupils | ||||||
24 | guilty of such acts for a period not to exceed
10 school days. | ||||||
25 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
26 | on a school bus, the board may suspend the pupil in excess of |
| |||||||
| |||||||
1 | 10
school
days for safety reasons. Any suspension shall be | ||||||
2 | reported immediately to the
parents or guardian of such pupil | ||||||
3 | along with a full statement of the
reasons for such suspension | ||||||
4 | and a notice of their right to a review. The school board must | ||||||
5 | be given a summary of the notice, including the reason for the | ||||||
6 | suspension and the suspension length. Upon request of the
| ||||||
7 | parents or guardian the school board or a hearing officer | ||||||
8 | appointed by
it shall review such action of the superintendent | ||||||
9 | or principal, assistant
principal, or dean of students. At such
| ||||||
10 | review the parents or guardian of the pupil may appear and | ||||||
11 | discuss the
suspension with the board or its hearing officer. | ||||||
12 | If a hearing officer
is appointed by the board he shall report | ||||||
13 | to the board a written summary
of the evidence heard at the | ||||||
14 | meeting. After its hearing or upon receipt
of the written | ||||||
15 | report of its hearing officer, the board may take such
action | ||||||
16 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
17 | 20 school days may be immediately transferred to an alternative | ||||||
18 | program in the manner provided in Article 13A or 13B of this | ||||||
19 | Code. A pupil must not be denied transfer because of the | ||||||
20 | suspension, except in cases in which such transfer is deemed to | ||||||
21 | cause a threat to the safety of students or staff in the | ||||||
22 | alternative program.
| ||||||
23 | (c) The Department of Human Services
shall be invited to | ||||||
24 | send a representative to consult with the board at
such meeting | ||||||
25 | whenever there is evidence that mental illness may be the
cause | ||||||
26 | for expulsion or suspension.
|
| |||||||
| |||||||
1 | (d) The board may expel a student for a definite period of | ||||||
2 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
3 | case basis.
A student who
is determined to have brought one of | ||||||
4 | the following objects to school, any school-sponsored activity
| ||||||
5 | or event, or any activity or event that bears a reasonable | ||||||
6 | relationship to school shall be expelled for a period of not | ||||||
7 | less than
one year: | ||||||
8 | (1) A firearm. For the purposes of this Section, | ||||||
9 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
10 | by Section 921 of Title 18 of the United States Code , | ||||||
11 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act, or firearm as defined in Section | ||||||
13 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
14 | under this subdivision (1) may be modified by the | ||||||
15 | superintendent, and the superintendent's determination may | ||||||
16 | be modified by the board on a case-by-case basis. | ||||||
17 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
18 | regardless of its composition, a billy club, or any other | ||||||
19 | object if used or attempted to be used to cause bodily | ||||||
20 | harm, including "look alikes" of any firearm as defined in | ||||||
21 | subdivision (1) of this subsection (d). The expulsion | ||||||
22 | requirement under this subdivision (2) may be modified by | ||||||
23 | the superintendent, and the superintendent's determination | ||||||
24 | may be modified by the board on a case-by-case basis. | ||||||
25 | Expulsion
or suspension
shall be construed in a
manner | ||||||
26 | consistent with the Federal Individuals with Disabilities |
| |||||||
| |||||||
1 | Education
Act. A student who is subject to suspension or | ||||||
2 | expulsion as provided in this
Section may be eligible for a | ||||||
3 | transfer to an alternative school program in
accordance with | ||||||
4 | Article 13A of the School Code. The provisions of this
| ||||||
5 | subsection (d) apply in all school districts,
including special | ||||||
6 | charter districts and districts organized under Article 34.
| ||||||
7 | (d-5) The board may suspend or by regulation
authorize the | ||||||
8 | superintendent of the district or the principal, assistant
| ||||||
9 | principal, or dean of students of any
school to suspend a | ||||||
10 | student for a period not to exceed
10 school days or may expel | ||||||
11 | a student for a definite period of time not to
exceed 2 | ||||||
12 | calendar years, as determined on a case by case basis, if (i) | ||||||
13 | that student has been determined to have made an explicit | ||||||
14 | threat on an Internet website against a school employee, a | ||||||
15 | student, or any school-related personnel, (ii) the Internet | ||||||
16 | website through which the threat was made is a site that was | ||||||
17 | accessible within the school at the time the threat was made or | ||||||
18 | was available to third parties who worked or studied within the | ||||||
19 | school grounds at the time the threat was made, and (iii) the | ||||||
20 | threat could be reasonably interpreted as threatening to the | ||||||
21 | safety and security of the threatened individual because of his | ||||||
22 | or her duties or employment status or status as a student | ||||||
23 | inside the school. The provisions of this
subsection (d-5) | ||||||
24 | apply in all school districts,
including special charter | ||||||
25 | districts and districts organized under Article 34 of this | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (e) To maintain order and security in the schools, school | ||||||
2 | authorities may
inspect and search places and areas such as | ||||||
3 | lockers, desks, parking lots, and
other school property and | ||||||
4 | equipment owned or controlled by the school, as well
as | ||||||
5 | personal effects left in those places and areas by students, | ||||||
6 | without notice
to or the consent of the student, and without a | ||||||
7 | search warrant. As a matter of
public policy, the General | ||||||
8 | Assembly finds that students have no reasonable
expectation of | ||||||
9 | privacy in these places and areas or in their personal effects
| ||||||
10 | left in these places and areas. School authorities may request | ||||||
11 | the assistance
of law enforcement officials for the purpose of | ||||||
12 | conducting inspections and
searches of lockers, desks, parking | ||||||
13 | lots, and other school property and
equipment owned or | ||||||
14 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
15 | illegal or dangerous substances or materials, including | ||||||
16 | searches conducted
through the use of specially trained dogs. | ||||||
17 | If a search conducted in accordance
with this Section produces | ||||||
18 | evidence that the student has violated or is
violating either | ||||||
19 | the law, local ordinance, or the school's policies or rules,
| ||||||
20 | such evidence may be seized by school authorities, and | ||||||
21 | disciplinary action may
be taken. School authorities may also | ||||||
22 | turn over such evidence to law
enforcement authorities. The | ||||||
23 | provisions of this subsection (e) apply in all
school | ||||||
24 | districts, including special charter districts and districts | ||||||
25 | organized
under Article 34.
| ||||||
26 | (f) Suspension or expulsion may include suspension or |
| |||||||
| |||||||
1 | expulsion from
school and all school activities and a | ||||||
2 | prohibition from being present on school
grounds.
| ||||||
3 | (g) A school district may adopt a policy providing that if | ||||||
4 | a student
is suspended or expelled for any reason from any | ||||||
5 | public or private school
in this or any other state, the | ||||||
6 | student must complete the entire term of
the suspension or | ||||||
7 | expulsion in an alternative school program under Article 13A of | ||||||
8 | this Code or an alternative learning opportunities program | ||||||
9 | under Article 13B of this Code before being admitted into the | ||||||
10 | school
district if there is no threat to the safety of students | ||||||
11 | or staff in the alternative program. This subsection (g) | ||||||
12 | applies to
all school districts, including special charter | ||||||
13 | districts and districts
organized under Article 34 of this | ||||||
14 | Code.
| ||||||
15 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
16 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
17 | 97-1150, eff. 1-25-13.)
| ||||||
18 | (105 ILCS 5/10-27.1A)
| ||||||
19 | Sec. 10-27.1A. Firearms in schools.
| ||||||
20 | (a) All school officials, including teachers, guidance | ||||||
21 | counselors, and
support staff, shall immediately notify the | ||||||
22 | office of the principal in the
event that they observe any | ||||||
23 | person in possession of a firearm on school
grounds; provided | ||||||
24 | that taking such immediate action to notify the office of the
| ||||||
25 | principal would not immediately endanger the health, safety, or |
| |||||||
| |||||||
1 | welfare of
students who are under the direct supervision of the | ||||||
2 | school official or the
school official. If the health, safety, | ||||||
3 | or welfare of students under the
direct supervision of the | ||||||
4 | school official or of the school official is
immediately | ||||||
5 | endangered, the school official shall notify the office of the
| ||||||
6 | principal as soon as the students under his or her supervision | ||||||
7 | and he or she
are no longer under immediate danger. A report is | ||||||
8 | not required by this Section
when the school official knows | ||||||
9 | that the person in possession of the firearm is
a law | ||||||
10 | enforcement official engaged in the conduct of his or her | ||||||
11 | official
duties. Any school official acting in good faith who | ||||||
12 | makes such a report under
this Section shall have immunity from | ||||||
13 | any civil or criminal liability that
might otherwise be | ||||||
14 | incurred as a result of making the report. The identity of
the | ||||||
15 | school official making such report shall not be disclosed | ||||||
16 | except as
expressly and specifically authorized by law. | ||||||
17 | Knowingly and willfully failing
to comply with this Section is | ||||||
18 | a petty offense. A second or subsequent offense
is a Class C | ||||||
19 | misdemeanor.
| ||||||
20 | (b) Upon receiving a report from any school official | ||||||
21 | pursuant to this
Section, or from any other person, the | ||||||
22 | principal or his or her designee shall
immediately notify a | ||||||
23 | local law enforcement agency. If the person found to be
in | ||||||
24 | possession of a firearm on school grounds is a student, the | ||||||
25 | principal or
his or her designee shall also immediately notify | ||||||
26 | that student's parent or
guardian. Any principal or his or her |
| |||||||
| |||||||
1 | designee acting in good faith who makes
such reports under this | ||||||
2 | Section shall have immunity from any civil or criminal
| ||||||
3 | liability that might otherwise be incurred or imposed as a | ||||||
4 | result of making
the reports. Knowingly and willfully failing | ||||||
5 | to comply with this Section is a
petty offense. A second or | ||||||
6 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
7 | found to be in possession of the firearm on school grounds is a
| ||||||
8 | minor, the law enforcement agency shall detain that minor until | ||||||
9 | such time as
the agency makes a determination pursuant to | ||||||
10 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
11 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
12 | that the minor is delinquent. If the law enforcement
agency | ||||||
13 | determines that probable cause exists to believe that the minor
| ||||||
14 | committed a violation of Section 24-0.1 or item (4) of | ||||||
15 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
16 | while on school grounds, the agency shall detain the
minor for | ||||||
17 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
18 | of
1987.
| ||||||
19 | (c) On or after January 1, 1997, upon receipt of any | ||||||
20 | written,
electronic, or verbal report from any school personnel | ||||||
21 | regarding a verified
incident involving a firearm in a school | ||||||
22 | or on school owned or leased property,
including any conveyance | ||||||
23 | owned,
leased, or used by the school for the transport of | ||||||
24 | students or school
personnel, the superintendent or his or her | ||||||
25 | designee shall report all such
firearm-related incidents | ||||||
26 | occurring in a school or on school property to the
local law |
| |||||||
| |||||||
1 | enforcement authorities immediately and to the Department of | ||||||
2 | State
Police in a form, manner, and frequency as prescribed by | ||||||
3 | the Department of
State Police.
| ||||||
4 | The State Board of Education shall receive an annual | ||||||
5 | statistical compilation
and related data associated with | ||||||
6 | incidents involving firearms in schools from
the Department of | ||||||
7 | State Police. The State Board of Education shall compile
this | ||||||
8 | information by school district and make it available to the | ||||||
9 | public.
| ||||||
10 | (d) As used in this Section, the term "firearm" shall have | ||||||
11 | the meaning
ascribed to it in Section 2-7.5 of the Criminal | ||||||
12 | Code of 2012 1.1 of the Firearm Owners Identification Card Act .
| ||||||
13 | As used in this Section, the term "school" means any public | ||||||
14 | or private
elementary or secondary school.
| ||||||
15 | As used in this Section, the term "school grounds" includes | ||||||
16 | the real property
comprising any school, any conveyance owned, | ||||||
17 | leased, or contracted by a school
to transport students to or | ||||||
18 | from school or a school-related activity, or any
public way | ||||||
19 | within 1,000 feet of the real property comprising any school.
| ||||||
20 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
21 | (105 ILCS 5/34-8.05)
| ||||||
22 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
23 | January 1,
1997,
upon receipt of any written,
electronic, or | ||||||
24 | verbal report from any school personnel regarding a verified
| ||||||
25 | incident involving a firearm in a school or on school owned or |
| |||||||
| |||||||
1 | leased property,
including any conveyance owned,
leased, or | ||||||
2 | used by the school for the transport of students or school
| ||||||
3 | personnel, the general superintendent or his or her designee | ||||||
4 | shall report all
such
firearm-related incidents occurring in a | ||||||
5 | school or on school property to the
local law enforcement | ||||||
6 | authorities no later than 24 hours after the occurrence
of the | ||||||
7 | incident and to the Department of State Police in a form, | ||||||
8 | manner, and
frequency as prescribed by the Department of State | ||||||
9 | Police.
| ||||||
10 | The State Board of Education shall receive an annual | ||||||
11 | statistical compilation
and related data associated with | ||||||
12 | incidents involving firearms in schools from
the Department of | ||||||
13 | State Police. As used in this Section, the term "firearm"
shall | ||||||
14 | have the meaning ascribed to it in Section 2-7.5 of the | ||||||
15 | Criminal Code of 2012
1.1 of the Firearm Owners
Identification | ||||||
16 | Card Act .
| ||||||
17 | (Source: P.A. 89-498, eff. 6-27-96.)
| ||||||
18 | Section 65. The Private Detective, Private Alarm, Private | ||||||
19 | Security, and
Locksmith Act of 2004 is amended by changing | ||||||
20 | Section 35-35 as follows:
| ||||||
21 | (225 ILCS 447/35-35)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
23 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
24 | (a) No person shall perform duties that include the use,
|
| |||||||
| |||||||
1 | carrying, or possession of a firearm in the performance of
| ||||||
2 | those duties without complying with the provisions of this
| ||||||
3 | Section and having been issued a valid firearm control
card by | ||||||
4 | the Department.
| ||||||
5 | (b) No employer shall employ any person to perform the
| ||||||
6 | duties for which employee registration is required and allow
| ||||||
7 | that person to carry a firearm unless that person has complied
| ||||||
8 | with all the firearm training requirements of this Section and
| ||||||
9 | has been issued a firearm control card. This Act
permits only | ||||||
10 | the following to carry firearms while actually
engaged in the | ||||||
11 | performance of their duties or while commuting
directly to or | ||||||
12 | from their places of employment: persons
licensed as private | ||||||
13 | detectives and their registered employees;
persons licensed as | ||||||
14 | private security contractors and their
registered employees; | ||||||
15 | persons licensed as private alarm
contractors and their | ||||||
16 | registered employees; and employees of a
registered armed | ||||||
17 | proprietary security force.
| ||||||
18 | (c) Possession of a valid firearm control
card
allows an | ||||||
19 | employee to carry a firearm not otherwise prohibited
by law | ||||||
20 | while the employee is engaged in the performance of his
or her | ||||||
21 | duties or while the employee is commuting directly to
or from | ||||||
22 | the employee's place or places of employment, provided
that | ||||||
23 | this is accomplished within one hour from departure from
home | ||||||
24 | or place of employment.
| ||||||
25 | (d) The Department shall issue a firearm control
card to a | ||||||
26 | person who has passed an approved firearm training
course, who |
| |||||||
| |||||||
1 | is currently employed by an agency licensed by
this Act , and | ||||||
2 | has met all the requirements of this Act , and who
possesses a | ||||||
3 | valid firearm owner identification card .
Application for the | ||||||
4 | firearm control card shall be made
by the employer to the | ||||||
5 | Department on forms provided by the
Department. The Department | ||||||
6 | shall forward the card to the
employer who shall be responsible | ||||||
7 | for its issuance to the
employee. The firearm control card | ||||||
8 | shall be issued by
the Department and shall identify the person | ||||||
9 | holding it and
the name of the course where the employee | ||||||
10 | received firearm
instruction and shall specify the type of | ||||||
11 | weapon or weapons
the person is authorized by the Department to | ||||||
12 | carry and for
which the person has been trained.
| ||||||
13 | (e) Expiration and requirements for renewal of firearm | ||||||
14 | control cards shall be determined by rule.
| ||||||
15 | (f) The Department may, in addition to any other
| ||||||
16 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
17 | suspend, or revoke a firearm control card if the
applicant or | ||||||
18 | holder has been convicted of any felony or crime
involving the | ||||||
19 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
20 | a violation of this Act or rules promulgated
under this Act. | ||||||
21 | The Department shall refuse to issue or shall
revoke a firearm | ||||||
22 | control card if the applicant or holder
fails to possess a | ||||||
23 | valid firearm owners identification card.
The Director shall | ||||||
24 | summarily suspend a firearm control
card if the Director finds | ||||||
25 | that its continued use would
constitute an imminent danger to | ||||||
26 | the public. A hearing shall
be held before the Board within 30 |
| |||||||
| |||||||
1 | days if the Director
summarily suspends a firearm control card.
| ||||||
2 | (g) Notwithstanding any other provision of this Act to the
| ||||||
3 | contrary, all requirements relating to firearms control
cards | ||||||
4 | do not apply to a peace officer.
| ||||||
5 | (h) The Department may issue a temporary firearm control | ||||||
6 | card pending issuance of a new firearm control card upon an | ||||||
7 | agency's acquiring of an established armed account. An agency | ||||||
8 | that has acquired armed employees as a result of acquiring an | ||||||
9 | established armed account may, on forms supplied by the | ||||||
10 | Department, request the issuance of a temporary firearm control | ||||||
11 | card for each acquired employee who held a valid firearm | ||||||
12 | control card under his or her employment with the newly | ||||||
13 | acquired established armed account immediately preceding the | ||||||
14 | acquiring of the account and who continues to meet all of the | ||||||
15 | qualifications for issuance of a firearm control card set forth | ||||||
16 | in this Act and any rules adopted under this Act. The | ||||||
17 | Department shall, by rule, set the fee for issuance of a | ||||||
18 | temporary firearm control card.
| ||||||
19 | (i) The Department may not issue a firearm control card to | ||||||
20 | employees of a licensed fingerprint vendor agency.
| ||||||
21 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
22 | Section 70. The Mental Health and Developmental | ||||||
23 | Disabilities Code is amended by changing Section 6-103.1 as | ||||||
24 | follows: |
| |||||||
| |||||||
1 | (405 ILCS 5/6-103.1) | ||||||
2 | Sec. 6-103.1. Adjudication as a mental defective. When a | ||||||
3 | person has been adjudicated as a mental defective as defined in | ||||||
4 | Section 1.1 of the Firearm Owners Identification Card Act , the | ||||||
5 | court shall direct
the circuit court clerk to immediately | ||||||
6 | notify the
Department of State Police , Firearm Owner's | ||||||
7 | Identification
(FOID) Office , in a form and manner prescribed | ||||||
8 | by the Department of State Police, and shall forward a copy of | ||||||
9 | the court order to the Department. For purposes of this | ||||||
10 | Section, "has been adjudicated as a mental defective" means the | ||||||
11 | person is the subject of a determination by a court, board, | ||||||
12 | commission or other lawful authority that a person, as a result | ||||||
13 | of marked subnormal intelligence, or mental illness, mental | ||||||
14 | impairment, incompetency, condition, or disease: | ||||||
15 | (1) is a danger to himself, herself, or to others; | ||||||
16 | (2) lacks the mental capacity to manage his or her
own | ||||||
17 | affairs; | ||||||
18 | (3) is not guilty in a criminal case by reason of
| ||||||
19 | insanity, mental disease or defect; | ||||||
20 | (4) is incompetent to stand trial in a criminal case; | ||||||
21 | (5) is not guilty by reason of lack of mental
| ||||||
22 | responsibility under Articles 50a and 72b of the Uniform | ||||||
23 | Code of Military Justice, 10 U.S.C. 850a, 876b. | ||||||
24 |
| ||||||
25 | (Source: P.A. 97-1131, eff. 1-1-13.) |
| |||||||
| |||||||
1 | Section 75. The Lead Poisoning Prevention Act is amended by | ||||||
2 | changing Section 2 as follows:
| ||||||
3 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||
4 | Sec. 2. Definitions. As used in this Act:
| ||||||
5 | "Abatement" means the removal or encapsulation of all | ||||||
6 | leadbearing
substances in a residential building or dwelling | ||||||
7 | unit.
| ||||||
8 | "Child care facility" means any structure used by a child | ||||||
9 | care
provider licensed by the Department of Children and Family | ||||||
10 | Services or
public school structure frequented by children | ||||||
11 | through 6 years of
age.
| ||||||
12 | "Delegate agency" means a unit of local government or | ||||||
13 | health
department approved by the Department to carry out the | ||||||
14 | provisions of this Act.
| ||||||
15 | "Department" means the Department of Public Health of the | ||||||
16 | State of
Illinois.
| ||||||
17 | "Dwelling" means any structure all or part of which is | ||||||
18 | designed or
used for human habitation.
| ||||||
19 | "High risk area" means an area in the State determined by | ||||||
20 | the Department to
be high risk for lead exposure for children | ||||||
21 | through 6 years of age. The
Department shall consider, but not | ||||||
22 | be limited to, the following factors to
determine a high risk | ||||||
23 | area: age and condition (using Department of Housing and
Urban
| ||||||
24 | Development definitions of "slum" and "blighted") of housing, | ||||||
25 | proximity to
highway traffic or heavy local traffic or both, |
| |||||||
| |||||||
1 | percentage of housing
determined as rental or vacant, proximity | ||||||
2 | to industry using lead, established
incidence of elevated blood | ||||||
3 | lead levels in children, percentage of population
living
below | ||||||
4 | 200% of federal poverty guidelines, and number of children | ||||||
5 | residing in
the area who are 6 years of age or younger.
| ||||||
6 | "Exposed surface" means any interior or exterior surface of | ||||||
7 | a dwelling or
residential building.
| ||||||
8 | "Lead abatement contractor" means any person or entity | ||||||
9 | licensed by the
Department to perform lead abatement and | ||||||
10 | mitigation.
| ||||||
11 | "Lead abatement worker" means any person employed by a lead | ||||||
12 | abatement
contractor and licensed by the Department to perform | ||||||
13 | lead abatement and
mitigation.
| ||||||
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 dwelling; or any paint or
other surface coating | ||||||
19 | material containing more than five-tenths of one
percent (0.5%) | ||||||
20 | lead by total weight (calculated as lead metal) in the total
| ||||||
21 | non-volatile content of liquid paint; or lead bearing | ||||||
22 | substances containing
greater than one milligram per square | ||||||
23 | centimeter or any lower standard for
lead content in | ||||||
24 | residential paint as may be established by federal law or
| ||||||
25 | regulation; or more than 1 milligram per square centimeter in | ||||||
26 | the dried
film of paint or previously applied substance; or |
| |||||||
| |||||||
1 | item or dust on item containing lead in
excess of the amount | ||||||
2 | specified in the rules and regulations authorized by
this Act | ||||||
3 | or a lower standard for lead content as may be established by
| ||||||
4 | federal law or regulation. "Lead bearing substance" does not | ||||||
5 | include firearm ammunition or components as defined by the | ||||||
6 | Criminal Code of 2012 Firearm Owners Identification Card Act .
| ||||||
7 | "Lead hazard" means a lead bearing substance that poses an
| ||||||
8 | immediate health hazard to humans.
| ||||||
9 | "Lead poisoning" means the condition of having blood lead | ||||||
10 | levels in
excess of those considered safe under State and | ||||||
11 | federal rules and regulations.
| ||||||
12 | "Low risk area" means an area in the State determined by | ||||||
13 | the Department to
be low risk for lead exposure for children | ||||||
14 | through 6 years of age. The
Department shall consider the | ||||||
15 | factors named in "high risk area" to determine
low risk areas.
| ||||||
16 | "Mitigation" means the remediation, in a manner described | ||||||
17 | in Section 9,
of a lead hazard so that the lead bearing | ||||||
18 | substance does not pose an
immediate health hazard to humans.
| ||||||
19 | "Owner" means any person, who alone, jointly, or severally | ||||||
20 | with
others:
| ||||||
21 | (a) Has legal title to any dwelling or residential | ||||||
22 | building, with or
without accompanying actual possession | ||||||
23 | of the dwelling or residential
building, or
| ||||||
24 | (b) Has charge, care or control of the dwelling or | ||||||
25 | residential
building as owner or agent of the owner, or as | ||||||
26 | executor, administrator,
trustee, or guardian of the |
| |||||||
| |||||||
1 | estate of the owner.
| ||||||
2 | "Person" means any one or more natural persons, legal | ||||||
3 | entities,
governmental bodies, or any combination.
| ||||||
4 | "Residential building" means any room, group of rooms, or | ||||||
5 | other
interior areas of a structure designed or used for human | ||||||
6 | habitation; common
areas accessible by inhabitants; and the | ||||||
7 | surrounding property or structures.
| ||||||
8 | "Risk assessment" means a questionnaire to be developed by | ||||||
9 | the Department
for use by physicians and other health care | ||||||
10 | providers to determine risk factors
for children through 6 | ||||||
11 | years of age residing in areas designated as low risk
for lead | ||||||
12 | exposure.
| ||||||
13 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
14 | (430 ILCS 65/Act rep.)
| ||||||
15 | Section 80. The Firearm Owners Identification Card Act is | ||||||
16 | repealed. | ||||||
17 | Section 85. The Wildlife Code is amended by changing | ||||||
18 | Section 3.2 as follows:
| ||||||
19 | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| ||||||
20 | Sec. 3.2. Hunting license; application; instruction. | ||||||
21 | Before the
Department or any county, city, village, township, | ||||||
22 | incorporated town clerk
or his duly designated agent or any | ||||||
23 | other person authorized or designated
by the Department to |
| |||||||
| |||||||
1 | issue hunting licenses shall issue a hunting license
to any | ||||||
2 | person, the person shall file his application with the | ||||||
3 | Department or
other party authorized to issue licenses on a | ||||||
4 | form provided by the
Department and further give definite proof | ||||||
5 | of identity and place of legal
residence. Each clerk | ||||||
6 | designating agents to issue licenses and stamps
shall furnish | ||||||
7 | the Department, within 10 days following the appointment, the
| ||||||
8 | names and mailing addresses of the agents. Each clerk or his | ||||||
9 | duly
designated agent shall be authorized to sell licenses and | ||||||
10 | stamps only
within the territorial area for which he was | ||||||
11 | elected or appointed. No duly
designated agent is authorized to | ||||||
12 | furnish licenses or stamps for
issuance by any other business | ||||||
13 | establishment. Each
application shall be executed and sworn to | ||||||
14 | and shall set forth the name
and description of the applicant | ||||||
15 | and place of residence.
| ||||||
16 | No hunting license shall be issued to any person born on or | ||||||
17 | after January
1,
1980
unless he presents the person authorized | ||||||
18 | to issue the license
evidence that he has held a hunting | ||||||
19 | license issued by the State of Illinois
or another state in a | ||||||
20 | prior year, or a certificate of competency as
provided in this | ||||||
21 | Section. Persons under 16 years of age may be issued a
Lifetime | ||||||
22 | Hunting or Sportsmen's Combination License as provided under | ||||||
23 | Section
20-45 of the Fish and Aquatic Life Code but shall not | ||||||
24 | be entitled to hunt
unless they have a certificate of | ||||||
25 | competency as provided in this Section and
they shall have the | ||||||
26 | certificate in their possession while hunting.
|
| |||||||
| |||||||
1 | The Department of Natural Resources shall authorize
| ||||||
2 | personnel of the
Department or certified volunteer instructors | ||||||
3 | to conduct courses, of not
less than 10 hours in length, in | ||||||
4 | firearms and hunter safety, which may include
training in bow | ||||||
5 | and arrow safety, at regularly specified intervals throughout
| ||||||
6 | the State. Persons successfully completing the course shall | ||||||
7 | receive a
certificate of competency. The Department of Natural | ||||||
8 | Resources may further
cooperate with any reputable association | ||||||
9 | or organization in establishing
courses if the organization has | ||||||
10 | as one of its objectives the promotion of
safety in the | ||||||
11 | handling of firearms or bow and arrow.
| ||||||
12 | The Department of Natural Resources shall designate any
| ||||||
13 | person found by it
to be competent to give instruction in the | ||||||
14 | handling of firearms, hunter
safety, and bow and arrow. The | ||||||
15 | persons so appointed shall give the
course of instruction and | ||||||
16 | upon the successful completion shall
issue to the person | ||||||
17 | instructed a certificate of competency in the safe
handling of | ||||||
18 | firearms, hunter safety, and bow and arrow. No charge shall
be | ||||||
19 | made for any course of instruction except for materials or | ||||||
20 | ammunition
consumed. The Department of Natural Resources shall
| ||||||
21 | furnish information on
the requirements of hunter safety | ||||||
22 | education programs to be distributed
free of charge to | ||||||
23 | applicants for hunting licenses by the persons
appointed and | ||||||
24 | authorized to issue licenses. Funds for the conducting of
| ||||||
25 | firearms and hunter safety courses shall be taken from the fee | ||||||
26 | charged
for hunting licenses the Firearm Owners Identification |
| |||||||
| |||||||
1 | Card .
| ||||||
2 | The fee for a hunting license to hunt all species for a | ||||||
3 | resident of
Illinois is $12. For residents age 65 or older, | ||||||
4 | and, commencing with the 2012 license year, resident veterans | ||||||
5 | of the United States Armed Forces after returning from service | ||||||
6 | abroad or mobilization by the President of the United States, | ||||||
7 | the fee is one-half of the
fee charged for a hunting license to | ||||||
8 | hunt all species for a resident of
Illinois. Veterans must | ||||||
9 | provide to the Department, at one of the Department's 5 | ||||||
10 | regional offices, verification of their service. The | ||||||
11 | Department shall establish what constitutes suitable | ||||||
12 | verification of service for the purpose of issuing resident | ||||||
13 | veterans hunting
licenses at a reduced fee. Nonresidents shall | ||||||
14 | be charged $57 for a hunting license.
| ||||||
15 | Nonresidents may be issued a nonresident hunting license | ||||||
16 | for a
period not to exceed 10 consecutive days' hunting in the | ||||||
17 | State and shall
be charged a fee of $35.
| ||||||
18 | A special nonresident hunting license authorizing a | ||||||
19 | nonresident to
take game birds by hunting on a game breeding | ||||||
20 | and hunting preserve
area only, established under Section 3.27, | ||||||
21 | shall be issued upon proper
application being made and payment | ||||||
22 | of a fee equal to that for a resident
hunting license. The | ||||||
23 | expiration date of this license shall be on the same
date each | ||||||
24 | year that game breeding and hunting preserve
area licenses | ||||||
25 | expire.
| ||||||
26 | Each applicant for a State Migratory Waterfowl Stamp, |
| |||||||
| |||||||
1 | regardless of
his residence or other condition, shall pay a fee | ||||||
2 | of $15 and
shall receive a stamp. Except as provided under
| ||||||
3 | Section 20-45 of the Fish and Aquatic Life Code,
the stamp | ||||||
4 | shall be signed by the person or affixed to his license
or | ||||||
5 | permit in a space designated by the Department for that | ||||||
6 | purpose.
| ||||||
7 | Each applicant for a State Habitat Stamp, regardless of his | ||||||
8 | residence
or other condition, shall pay a fee of $5 and shall | ||||||
9 | receive a
stamp. Except as provided under Section 20-45 of the | ||||||
10 | Fish and Aquatic Life
Code, the stamp shall be signed by the | ||||||
11 | person or affixed to his license or
permit in a space | ||||||
12 | designated by the Department for that purpose.
| ||||||
13 | Nothing in this Section shall be construed as to require | ||||||
14 | the purchase
of more than one State Habitat Stamp by any person | ||||||
15 | in any one license year.
| ||||||
16 | The Department shall furnish the holders of hunting | ||||||
17 | licenses and stamps
with an insignia as evidence of possession | ||||||
18 | of license, or license and
stamp, as the Department may | ||||||
19 | consider advisable. The insignia shall be
exhibited and used as | ||||||
20 | the Department may order.
| ||||||
21 | All other hunting licenses and all State stamps shall | ||||||
22 | expire upon
March 31 of each year.
| ||||||
23 | Every person holding any license, permit, or stamp issued | ||||||
24 | under the
provisions of this Act shall have it in his | ||||||
25 | possession for immediate
presentation for inspection to the | ||||||
26 | officers and authorized employees of
the Department, any |
| |||||||
| |||||||
1 | sheriff, deputy sheriff, or any other peace officer making
a | ||||||
2 | demand for it. This provision shall not apply to Department | ||||||
3 | owned or
managed sites where it is required that all hunters | ||||||
4 | deposit their license or ,
permit , or Firearm Owner's | ||||||
5 | Identification Card at the check station upon
entering the | ||||||
6 | hunting areas.
| ||||||
7 | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12 .)
| ||||||
8 | Section 90. The Illinois Vehicle Code is amended by | ||||||
9 | changing Sections 11-208.7 and 12-612 as follows: | ||||||
10 | (625 ILCS 5/11-208.7) | ||||||
11 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
12 | impounding vehicles for specified violations. | ||||||
13 | (a) Any municipality may, consistent with this Section, | ||||||
14 | provide by ordinance procedures for the release of properly | ||||||
15 | impounded vehicles and for the imposition of a reasonable | ||||||
16 | administrative fee related to its administrative and | ||||||
17 | processing costs associated with the investigation, arrest, | ||||||
18 | and detention of an offender, or the removal, impoundment, | ||||||
19 | storage, and release of the vehicle. The administrative fee | ||||||
20 | imposed by the municipality may be in addition to any fees
| ||||||
21 | charged for the towing and storage of an impounded vehicle. The | ||||||
22 | administrative fee shall be waived by the municipality upon | ||||||
23 | verifiable proof that the vehicle was stolen at the time the | ||||||
24 | vehicle was impounded. |
| |||||||
| |||||||
1 | (b) Any ordinance establishing procedures for the release | ||||||
2 | of properly impounded vehicles under this Section may impose | ||||||
3 | fees for the following violations: | ||||||
4 | (1) operation or use of a motor vehicle in the | ||||||
5 | commission of, or in the attempt to commit, an offense for | ||||||
6 | which a motor vehicle may be seized and forfeited pursuant | ||||||
7 | to Section 36-1 of the Criminal Code of 2012; or | ||||||
8 | (2) driving under the influence of alcohol, another | ||||||
9 | drug or drugs, an intoxicating compound or compounds, or | ||||||
10 | any combination thereof, in violation of Section 11-501 of | ||||||
11 | this Code; or | ||||||
12 | (3) operation or use of a motor vehicle in the | ||||||
13 | commission of, or in the attempt to commit, a felony or in | ||||||
14 | violation of the Cannabis Control Act; or | ||||||
15 | (4) operation or use of a motor vehicle in the | ||||||
16 | commission of, or in the attempt to commit, an offense in | ||||||
17 | violation of the Illinois Controlled Substances Act; or | ||||||
18 | (5) operation or use of a motor vehicle in the | ||||||
19 | commission of, or in the attempt to commit, an offense in | ||||||
20 | violation of Section 24-1, 24-1.5, 24-0.1, or 24-3.1 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012; or | ||||||
22 | (6) driving while a driver's license, permit, or | ||||||
23 | privilege to operate a motor vehicle is suspended or | ||||||
24 | revoked pursuant to Section 6-303 of this Code; except that | ||||||
25 | vehicles shall not be subjected to seizure or impoundment | ||||||
26 | if the suspension is for an unpaid citation (parking or |
| |||||||
| |||||||
1 | moving) or due to failure to comply with emission testing; | ||||||
2 | or | ||||||
3 | (7) operation or use of a motor vehicle while | ||||||
4 | soliciting, possessing, or attempting to solicit or | ||||||
5 | possess cannabis or a controlled substance, as defined by | ||||||
6 | the Cannabis Control Act or the Illinois Controlled | ||||||
7 | Substances Act; or | ||||||
8 | (8) operation or use of a motor vehicle with an expired | ||||||
9 | driver's license, in violation of Section 6-101 of this | ||||||
10 | Code, if the period of expiration is greater than one year; | ||||||
11 | or | ||||||
12 | (9) operation or use of a motor vehicle without ever | ||||||
13 | having been issued a driver's license or permit, in | ||||||
14 | violation of Section 6-101 of this Code, or operating a | ||||||
15 | motor vehicle without ever having been issued a driver's | ||||||
16 | license or permit due to a person's age; or | ||||||
17 | (10) operation or use of a motor vehicle by a person | ||||||
18 | against whom a warrant has been issued by a circuit clerk | ||||||
19 | in Illinois for failing to answer charges that the driver | ||||||
20 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
21 | (11) operation or use of a motor vehicle in the | ||||||
22 | commission of, or in the attempt to commit, an offense in | ||||||
23 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
24 | or the Criminal Code of 2012; or | ||||||
25 | (12) operation or use of a motor vehicle in the | ||||||
26 | commission of, or in the attempt to commit, any other
|
| |||||||
| |||||||
1 | misdemeanor or felony offense in violation of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012, when so provided | ||||||
3 | by
local ordinance. | ||||||
4 | (c) The following shall apply to any fees imposed for | ||||||
5 | administrative and processing costs pursuant to subsection | ||||||
6 | (b): | ||||||
7 | (1) All administrative fees and towing and storage | ||||||
8 | charges shall be imposed on the registered owner of the | ||||||
9 | motor vehicle or the agents of that owner. | ||||||
10 | (2) The fees shall be in addition to (i) any other | ||||||
11 | penalties that may be assessed by a court of law for the | ||||||
12 | underlying violations; and (ii) any towing or storage fees, | ||||||
13 | or both, charged by the towing company. | ||||||
14 | (3) The fees shall be uniform for all similarly | ||||||
15 | situated vehicles. | ||||||
16 | (4) The fees shall be collected by and paid to the | ||||||
17 | municipality imposing the fees. | ||||||
18 | (5) The towing or storage fees, or both, shall be | ||||||
19 | collected by and paid to the person, firm, or entity that | ||||||
20 | tows and stores the impounded vehicle. | ||||||
21 | (d) Any ordinance establishing procedures for the release | ||||||
22 | of properly impounded vehicles under this Section shall provide | ||||||
23 | for an opportunity for a hearing, as provided in subdivision | ||||||
24 | (b)(4) of Section 11-208.3 of this Code, and for the release of | ||||||
25 | the vehicle to the owner of record, lessee, or a lienholder of | ||||||
26 | record upon payment of all administrative fees and towing and |
| |||||||
| |||||||
1 | storage fees. | ||||||
2 | (e) Any ordinance establishing procedures for the | ||||||
3 | impoundment
and release of vehicles under this Section shall | ||||||
4 | include the following provisions concerning notice of | ||||||
5 | impoundment: | ||||||
6 | (1) Whenever
a police officer has cause to believe that | ||||||
7 | a motor vehicle is subject to impoundment, the officer
| ||||||
8 | shall provide for the towing of the vehicle to a facility | ||||||
9 | authorized by the municipality. | ||||||
10 | (2) At the
time the vehicle is towed, the municipality | ||||||
11 | shall notify or make a reasonable attempt to notify the
| ||||||
12 | owner, lessee, or person identifying himself or herself as | ||||||
13 | the owner or lessee of the vehicle, or any person
who is | ||||||
14 | found to be in control of the vehicle at the time of the | ||||||
15 | alleged offense, of the fact of the
seizure, and of the | ||||||
16 | vehicle owner's or lessee's right to an administrative | ||||||
17 | hearing. | ||||||
18 | (3) The municipality shall
also provide notice that the | ||||||
19 | motor vehicle will remain impounded pending the completion | ||||||
20 | of an
administrative hearing, unless the owner or lessee of | ||||||
21 | the vehicle or a lienholder posts with the
municipality a | ||||||
22 | bond equal to the administrative fee as provided by | ||||||
23 | ordinance and pays for all
towing and storage charges. | ||||||
24 | (f) Any ordinance establishing procedures for the | ||||||
25 | impoundment and
release of vehicles under this Section shall | ||||||
26 | include a provision providing that the
registered owner or |
| |||||||
| |||||||
1 | lessee of the vehicle and any lienholder of record shall be | ||||||
2 | provided with a
notice of hearing. The notice shall: | ||||||
3 | (1) be served upon the owner, lessee, and any | ||||||
4 | lienholder of record either by personal service or by first | ||||||
5 | class mail to the interested party's address as registered | ||||||
6 | with the Secretary of State; | ||||||
7 | (2) be served upon interested parties within 10 days | ||||||
8 | after a vehicle is impounded by the municipality; and | ||||||
9 | (3) contain the date, time, and location of the | ||||||
10 | administrative hearing. An
initial hearing shall be | ||||||
11 | scheduled and convened no later than 45 days after the date | ||||||
12 | of
the mailing of the notice of hearing. | ||||||
13 | (g) In addition to the requirements contained in
| ||||||
14 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
15 | administrative hearings, any ordinance providing for the | ||||||
16 | impoundment
and release of vehicles under this Section shall | ||||||
17 | include the following requirements concerning administrative | ||||||
18 | hearings: | ||||||
19 | (1) administrative hearings shall be conducted by a | ||||||
20 | hearing officer who is an attorney licensed to practice law | ||||||
21 | in this State for a minimum of 3 years; | ||||||
22 | (2) at the conclusion of the administrative hearing, | ||||||
23 | the hearing officer shall issue
a written decision either | ||||||
24 | sustaining or overruling the vehicle impoundment; | ||||||
25 | (3) if the basis for the vehicle
impoundment is | ||||||
26 | sustained by the administrative hearing officer, any |
| |||||||
| |||||||
1 | administrative fee posted to
secure the release of the | ||||||
2 | vehicle shall be forfeited to the municipality; | ||||||
3 | (4) all final decisions of the administrative hearing | ||||||
4 | officer shall be subject to
review under the provisions of | ||||||
5 | the Administrative Review Law; and | ||||||
6 | (5) unless the administrative hearing
officer | ||||||
7 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
8 | shall be released to the owner, lessee, or lienholder of | ||||||
9 | record until
all administrative fees and towing and storage | ||||||
10 | charges are paid. | ||||||
11 | (h) Vehicles not retrieved from the towing facility or | ||||||
12 | storage facility
within 35 days after the administrative | ||||||
13 | hearing officer issues a written decision shall be deemed | ||||||
14 | abandoned and disposed of in accordance with the provisions of | ||||||
15 | Article II of Chapter
4 of this Code. | ||||||
16 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
17 | fine, penalty, or administrative fee imposed under this
Section | ||||||
18 | which remains unpaid in whole or in part after the expiration | ||||||
19 | of the deadline for seeking judicial
review under the | ||||||
20 | Administrative Review Law may be enforced in the same manner as | ||||||
21 | a judgment entered by a court of
competent jurisdiction.
| ||||||
22 | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| ||||||
23 | (625 ILCS 5/12-612)
| ||||||
24 | Sec. 12-612. False or secret compartment in a vehicle.
| ||||||
25 | (a) Offenses. It is unlawful for any person: |
| |||||||
| |||||||
1 | (1) to own or operate with criminal intent any
vehicle | ||||||
2 | he or
she knows to contain a false or secret compartment | ||||||
3 | that is used or has been used to conceal a firearm as | ||||||
4 | prohibited by Section 24-0.1 paragraph (a)(4) of Section | ||||||
5 | 24-1 or paragraph (a)(1) of Section 24-1.6 of the Criminal | ||||||
6 | Code of 2012, or controlled substance as prohibited by the | ||||||
7 | Illinois Controlled Substances Act or the Methamphetamine | ||||||
8 | Control and Community Protection Act; or | ||||||
9 | (2) to install, create, build, or fabricate in any | ||||||
10 | vehicle a false
or secret compartment knowing that another | ||||||
11 | person intends to use the compartment to conceal a firearm | ||||||
12 | as prohibited by Section 24-0.1 or paragraph (a)(1) of | ||||||
13 | Section 24-1.6 (a)(4) of Section 24-1 of the Criminal Code | ||||||
14 | of 2012, or controlled substance as prohibited by the | ||||||
15 | Illinois Controlled Substances Act or the Methamphetamine | ||||||
16 | Control and Community Protection Act.
| ||||||
17 | (b) Definitions. For purposes of this Section: | ||||||
18 | (1) "False or secret
compartment" means an enclosure | ||||||
19 | integrated into a vehicle that is a modification of the | ||||||
20 | vehicle as built by the original manufacturer. | ||||||
21 | (2) "Vehicle" means any of the following vehicles | ||||||
22 | without regard to whether the vehicles are private or | ||||||
23 | commercial, including, but not limited to, cars, trucks, | ||||||
24 | buses, aircraft, and watercraft.
| ||||||
25 | (c) Forfeiture. Any vehicle containing a false or secret | ||||||
26 | compartment used in violation of this Section,
as well as any |
| |||||||
| |||||||
1 | items within that compartment, shall be subject to seizure by
| ||||||
2 | the Department of State Police or by any municipal or other | ||||||
3 | local law
enforcement agency within whose jurisdiction that | ||||||
4 | property is found as provided
in Sections 36-1 and 36-2 of the | ||||||
5 | Criminal Code of 2012 (720 ILCS 5/36-1 and
5/36-2). The removal | ||||||
6 | of the false or secret compartment from the
vehicle, or the | ||||||
7 | promise to do so, shall not be the basis for a defense to
| ||||||
8 | forfeiture of the motor vehicle under Section 36-2 of the | ||||||
9 | Criminal Code of 2012
and shall not be the basis for the court | ||||||
10 | to release the vehicle to the owner.
| ||||||
11 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
12 | felony. The sentence imposed for violation of this Section | ||||||
13 | shall be served consecutively to any other sentence imposed in | ||||||
14 | connection with the firearm, controlled substance, or other | ||||||
15 | contraband concealed in the false or secret compartment. | ||||||
16 | (e) For purposes of this Section, a new owner is not | ||||||
17 | responsible for any conduct that occurred or knowledge of | ||||||
18 | conduct that occurred prior to transfer of title.
| ||||||
19 | (Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)
| ||||||
20 | Section 95. The Clerks of Courts Act is amended by changing | ||||||
21 | Section 27.3a as follows:
| ||||||
22 | (705 ILCS 105/27.3a)
| ||||||
23 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
24 | and court services operations, and State and Conservation |
| |||||||
| |||||||
1 | Police operations.
| ||||||
2 | 1. The expense of establishing and maintaining automated | ||||||
3 | record
keeping systems in the offices of the clerks of the | ||||||
4 | circuit court shall
be borne by the county. To defray such | ||||||
5 | expense in any county having
established such an automated | ||||||
6 | system or which elects to establish such a
system, the county | ||||||
7 | board may require the clerk of the circuit court in
their | ||||||
8 | county to charge and collect a court automation fee of not less | ||||||
9 | than
$1 nor more than $15 to be charged and collected by the | ||||||
10 | clerk of the court.
Such fee shall be paid at the time of | ||||||
11 | filing the first pleading, paper or
other appearance filed by | ||||||
12 | each party in all civil cases or by the defendant
in any | ||||||
13 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
14 | conservation
case upon a judgment of guilty or grant of | ||||||
15 | supervision, provided that
the record keeping system which | ||||||
16 | processes the case
category for which the fee is charged is | ||||||
17 | automated or has been approved for
automation by the county | ||||||
18 | board, and provided further that no additional fee
shall be | ||||||
19 | required if more than one party is presented in a single | ||||||
20 | pleading,
paper or other appearance. Such fee shall be | ||||||
21 | collected in the manner in
which all other fees or costs are | ||||||
22 | collected.
| ||||||
23 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
24 | Act 97-761) and pursuant to an administrative order from the | ||||||
25 | chief judge of the circuit or the presiding judge of the county | ||||||
26 | authorizing such collection, a clerk of the circuit court in |
| |||||||
| |||||||
1 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
2 | Section shall also charge and collect an additional $10 | ||||||
3 | operations fee for probation and court services department | ||||||
4 | operations. | ||||||
5 | This additional fee shall be paid by the defendant in any | ||||||
6 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
7 | case upon a judgment of guilty or grant of supervision, except | ||||||
8 | such $10 operations fee shall not be charged and collected in | ||||||
9 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
10 | amount is $120 or less. | ||||||
11 | 1.2. With respect to the fee imposed and collected under | ||||||
12 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
13 | fees monthly to the county treasurer for deposit into the | ||||||
14 | probation and court services fund created under Section 15.1 of | ||||||
15 | the Probation and Probation Officers Act, and such monies shall | ||||||
16 | be disbursed from the fund only at the direction of the chief | ||||||
17 | judge of the circuit or another judge designated by the Chief | ||||||
18 | Circuit Judge in accordance with the policies and guidelines | ||||||
19 | approved by the Supreme Court. | ||||||
20 | 1.5. Starting on the effective date of this amendatory Act | ||||||
21 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
22 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
23 | Section, shall charge and collect an additional fee in an | ||||||
24 | amount equal to the amount of the fee imposed pursuant to | ||||||
25 | subsection 1 of this Section. This additional fee shall be paid | ||||||
26 | by the defendant in any felony, traffic, misdemeanor, or local |
| |||||||
| |||||||
1 | ordinance case upon a judgment of guilty or grant of | ||||||
2 | supervision. This fee shall not be paid by the defendant for | ||||||
3 | any conservation violation listed in subsection 1.6 of this | ||||||
4 | Section. | ||||||
5 | 1.6. Starting on July 1, 2012 (the effective date of Public | ||||||
6 | Act 97-46), a clerk of the circuit court in any county that | ||||||
7 | imposes a fee pursuant to subsection 1 of this Section shall | ||||||
8 | charge and collect an additional fee in an amount equal to the | ||||||
9 | amount of the fee imposed pursuant to subsection 1 of this | ||||||
10 | Section. This additional fee shall be paid by the defendant | ||||||
11 | upon a judgment of guilty or grant of supervision for a | ||||||
12 | conservation violation under the State Parks Act, the | ||||||
13 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
14 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
15 | Transportation Act, the Firearm Owners Identification Card | ||||||
16 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
17 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
18 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
19 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
20 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
21 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
22 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
23 | State Forest Act, the Water Use Act of 1983, the Illinois | ||||||
24 | Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||||||
25 | Snowmobile Registration and Safety Act, the Boat Registration | ||||||
26 | and Safety Act, the Illinois Dangerous Animals Act, the Hunter |
| |||||||
| |||||||
1 | and Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
2 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
3 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
4 | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||||||
5 | Criminal Code of 2012. | ||||||
6 | 2. With respect to the fee imposed under subsection 1 of | ||||||
7 | this Section, each clerk shall commence such charges and | ||||||
8 | collections upon receipt
of written notice from the chairman of | ||||||
9 | the county board together with a
certified copy of the board's | ||||||
10 | resolution, which the clerk shall file of
record in his office.
| ||||||
11 | 3. With respect to the fee imposed under subsection 1 of | ||||||
12 | this Section, such fees shall be in addition to all other fees | ||||||
13 | and charges of such
clerks, and assessable as costs, and may be | ||||||
14 | waived only if the judge
specifically provides for the waiver | ||||||
15 | of the court automation fee. The
fees shall be remitted monthly | ||||||
16 | by such clerk to the county treasurer, to be
retained by him in | ||||||
17 | a special fund designated as the court automation fund.
The | ||||||
18 | fund shall be audited by the county auditor, and the board | ||||||
19 | shall make
expenditure from the fund in payment of any cost | ||||||
20 | related to the automation
of court records, including hardware, | ||||||
21 | software, research and development
costs and personnel related | ||||||
22 | thereto, provided that the expenditure is
approved by the clerk | ||||||
23 | of the court and by the chief judge of the circuit
court or his | ||||||
24 | designate.
| ||||||
25 | 4. With respect to the fee imposed under subsection 1 of | ||||||
26 | this Section, such fees shall not be charged in any matter |
| |||||||
| |||||||
1 | coming to any such clerk
on change of venue, nor in any | ||||||
2 | proceeding to review the decision of any
administrative | ||||||
3 | officer, agency or body.
| ||||||
4 | 5. With respect to the additional fee imposed under | ||||||
5 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
6 | the circuit clerk to the State Treasurer within one month after | ||||||
7 | receipt for deposit into the State Police Operations Assistance | ||||||
8 | Fund. | ||||||
9 | 6. With respect to the additional fees imposed under | ||||||
10 | subsection 1.5 of this Section, the Director of State Police | ||||||
11 | may direct the use of these fees for homeland security purposes | ||||||
12 | by transferring these fees on a quarterly basis from the State | ||||||
13 | Police Operations Assistance Fund into the Illinois Law | ||||||
14 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
15 | initiatives programs. The transferred fees shall be allocated, | ||||||
16 | subject to the approval of the ILEAS Executive Board, as | ||||||
17 | follows: (i) 66.6% shall be used for homeland security | ||||||
18 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
19 | operations. The ILEAS Executive Board shall annually supply the | ||||||
20 | Director of State Police with a report of the use of these | ||||||
21 | fees. | ||||||
22 | 7. With respect to the additional fee imposed under | ||||||
23 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
24 | the circuit clerk to the State Treasurer within one month after | ||||||
25 | receipt for deposit into the Conservation Police Operations | ||||||
26 | Assistance Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
2 | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | ||||||
3 | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
4 | 1-25-13.)
| ||||||
5 | Section 100. The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Sections 1-8, 5-130, 5-407, and 5-901 as follows:
| ||||||
7 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
8 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
9 | court records.
| ||||||
10 | (A) Inspection and copying of juvenile court records | ||||||
11 | relating to a minor
who is the subject of a proceeding under | ||||||
12 | this Act shall be restricted to the
following:
| ||||||
13 | (1) The minor who is the subject of record, his | ||||||
14 | parents, guardian
and counsel.
| ||||||
15 | (2) Law enforcement officers and law enforcement | ||||||
16 | agencies when such
information is essential to executing an | ||||||
17 | arrest or search warrant or other
compulsory process, or to | ||||||
18 | conducting an ongoing investigation
or relating to a minor | ||||||
19 | who
has been adjudicated delinquent and there has been a | ||||||
20 | previous finding that
the act which constitutes the | ||||||
21 | previous offense was committed in furtherance
of criminal | ||||||
22 | activities by a criminal street gang.
| ||||||
23 | Before July 1, 1994, for the purposes of this Section, | ||||||
24 | "criminal street
gang" means any ongoing
organization, |
| |||||||
| |||||||
1 | association, or group of 3 or more persons, whether formal | ||||||
2 | or
informal, having as one of its primary activities the | ||||||
3 | commission of one or
more criminal acts and that has a | ||||||
4 | common name or common identifying sign,
symbol or specific | ||||||
5 | color apparel displayed, and whose members individually
or | ||||||
6 | collectively engage in or have engaged in a pattern of | ||||||
7 | criminal activity.
| ||||||
8 | Beginning July 1, 1994, for purposes of this Section, | ||||||
9 | "criminal street
gang" has the meaning ascribed to it in | ||||||
10 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
11 | Prevention Act.
| ||||||
12 | (3) Judges, hearing officers, prosecutors, probation | ||||||
13 | officers, social
workers or other
individuals assigned by | ||||||
14 | the court to conduct a pre-adjudication or
predisposition | ||||||
15 | investigation, and individuals responsible for supervising
| ||||||
16 | or providing temporary or permanent care and custody for | ||||||
17 | minors pursuant
to the order of the juvenile court when | ||||||
18 | essential to performing their
responsibilities.
| ||||||
19 | (4) Judges, prosecutors and probation officers:
| ||||||
20 | (a) in the course of a trial when institution of | ||||||
21 | criminal proceedings
has been permitted or required | ||||||
22 | under Section 5-805; or
| ||||||
23 | (b) when criminal proceedings have been permitted
| ||||||
24 | or
required under Section 5-805 and a minor is the | ||||||
25 | subject of a
proceeding to
determine the amount of | ||||||
26 | bail; or
|
| |||||||
| |||||||
1 | (c) when criminal proceedings have been permitted
| ||||||
2 | or
required under Section 5-805 and a minor is the | ||||||
3 | subject of a
pre-trial
investigation, pre-sentence | ||||||
4 | investigation or fitness hearing, or
proceedings on an | ||||||
5 | application for probation; or
| ||||||
6 | (d) when a minor becomes 17 years of age or older, | ||||||
7 | and is the subject
of criminal proceedings, including a | ||||||
8 | hearing to determine the amount of
bail, a pre-trial | ||||||
9 | investigation, a pre-sentence investigation, a fitness
| ||||||
10 | hearing, or proceedings on an application for | ||||||
11 | probation.
| ||||||
12 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
13 | (6) Authorized military personnel.
| ||||||
14 | (7) Victims, their subrogees and legal | ||||||
15 | representatives; however, such
persons shall have access | ||||||
16 | only to the name and address of the minor and
information | ||||||
17 | pertaining to the disposition or alternative adjustment | ||||||
18 | plan
of the juvenile court.
| ||||||
19 | (8) Persons engaged in bona fide research, with the | ||||||
20 | permission of the
presiding judge of the juvenile court and | ||||||
21 | the chief executive of the agency
that prepared the | ||||||
22 | particular records; provided that publication of such
| ||||||
23 | research results in no disclosure of a minor's identity and | ||||||
24 | protects the
confidentiality of the record.
| ||||||
25 | (9) The Secretary of State to whom the Clerk of the | ||||||
26 | Court shall report
the disposition of all cases, as |
| |||||||
| |||||||
1 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
2 | However, information reported relative to these offenses | ||||||
3 | shall
be privileged and available only to the Secretary of | ||||||
4 | State, courts, and police
officers.
| ||||||
5 | (10) The administrator of a bonafide substance abuse | ||||||
6 | student
assistance program with the permission of the | ||||||
7 | presiding judge of the
juvenile court.
| ||||||
8 | (11) Mental health professionals on behalf of the | ||||||
9 | Illinois Department of
Corrections or the Department of | ||||||
10 | Human Services or prosecutors who are
evaluating, | ||||||
11 | prosecuting, or investigating a potential or actual | ||||||
12 | petition
brought
under the Sexually Violent Persons | ||||||
13 | Commitment Act relating to a person who is the
subject of
| ||||||
14 | juvenile court records or the respondent to a petition | ||||||
15 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
16 | who is the subject of juvenile
court records
sought. Any | ||||||
17 | records and any information obtained from those records | ||||||
18 | under this
paragraph (11) may be used only in sexually | ||||||
19 | violent persons commitment
proceedings.
| ||||||
20 | (A-1) Findings and exclusions of paternity entered in | ||||||
21 | proceedings occurring under Article II of this Act shall be | ||||||
22 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
23 | of the Juvenile Court, to the Department of Healthcare and | ||||||
24 | Family Services when necessary to discharge the duties of the | ||||||
25 | Department of Healthcare and Family Services under Article X of | ||||||
26 | the Illinois Public Aid Code. |
| |||||||
| |||||||
1 | (B) A minor who is the victim in a juvenile proceeding | ||||||
2 | shall be
provided the same confidentiality regarding | ||||||
3 | disclosure of identity as the
minor who is the subject of | ||||||
4 | record.
| ||||||
5 | (C) Except as otherwise provided in this subsection (C), | ||||||
6 | juvenile court
records shall not be made available to the | ||||||
7 | general public
but may be inspected by representatives of | ||||||
8 | agencies, associations and news
media or other properly | ||||||
9 | interested persons by general or special order of
the court | ||||||
10 | presiding over matters pursuant to this Act. | ||||||
11 | (0.1) In cases where the records concern a pending | ||||||
12 | juvenile court case, the party seeking to inspect the | ||||||
13 | juvenile court records shall provide actual notice to the | ||||||
14 | attorney or guardian ad litem of the minor whose records | ||||||
15 | are sought. | ||||||
16 | (0.2) In cases where the records concern a juvenile | ||||||
17 | court case that is no longer pending, the party seeking to | ||||||
18 | inspect the juvenile court records shall provide actual | ||||||
19 | notice to the minor or the minor's parent or legal | ||||||
20 | guardian, and the matter shall be referred to the chief | ||||||
21 | judge presiding over matters pursuant to this Act. | ||||||
22 | (0.3) In determining whether the records should be | ||||||
23 | available for inspection, the court shall consider the | ||||||
24 | minor's interest in confidentiality and rehabilitation | ||||||
25 | over the moving party's interest in obtaining the | ||||||
26 | information. The State's Attorney, the minor, and the |
| |||||||
| |||||||
1 | minor's parents, guardian, and counsel shall at all times | ||||||
2 | have the right to examine court files and records. For | ||||||
3 | purposes of obtaining documents pursuant to this Section, a | ||||||
4 | civil subpoena is not an order of the court. | ||||||
5 | (0.4) Any records obtained in violation of this | ||||||
6 | subsection (C) shall not be admissible in any criminal or | ||||||
7 | civil proceeding, or operate to disqualify a minor from | ||||||
8 | subsequently holding public office, or operate as a | ||||||
9 | forfeiture of any public benefit, right, privilege, or | ||||||
10 | right to receive any license granted by public authority.
| ||||||
11 | (1) The
court shall allow the general public to have | ||||||
12 | access to the name, address, and offense of a minor
who is | ||||||
13 | adjudicated a delinquent minor under this Act under either | ||||||
14 | of the
following circumstances:
| ||||||
15 | (A) The
adjudication of
delinquency was based upon | ||||||
16 | the
minor's
commission of first degree murder, attempt | ||||||
17 | to commit first degree
murder, aggravated criminal | ||||||
18 | sexual assault, or criminal sexual assault; or
| ||||||
19 | (B) The court has made a finding that the minor was | ||||||
20 | at least 13 years of
age
at the time the act was | ||||||
21 | committed and the adjudication of delinquency was | ||||||
22 | based
upon the minor's commission of: (i)
an act in | ||||||
23 | furtherance of the commission of a felony as a member | ||||||
24 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
25 | involving the use of a firearm in the commission of a
| ||||||
26 | felony, (iii) an act that would be a Class X felony |
| |||||||
| |||||||
1 | offense
under or
the minor's second or subsequent
Class | ||||||
2 | 2 or greater felony offense under the Cannabis Control | ||||||
3 | Act if committed by an adult,
(iv) an act that would be | ||||||
4 | a second or subsequent offense under Section 402 of
the | ||||||
5 | Illinois Controlled Substances Act if committed by an | ||||||
6 | adult, (v) an act
that would be an offense under | ||||||
7 | Section 401 of the Illinois Controlled
Substances Act | ||||||
8 | if committed by an adult, (vi) an act that would be a | ||||||
9 | second or subsequent offense under Section 60 of the | ||||||
10 | Methamphetamine Control and Community Protection Act, | ||||||
11 | or (vii) an act that would be an offense under another | ||||||
12 | Section of the Methamphetamine Control and Community | ||||||
13 | Protection Act.
| ||||||
14 | (2) The court
shall allow the general public to have | ||||||
15 | access to the name, address, and offense of a minor who is | ||||||
16 | at least 13 years of age at
the time the offense
is | ||||||
17 | committed and who is convicted, in criminal proceedings
| ||||||
18 | permitted or required under Section 5-4, under either of | ||||||
19 | the following
circumstances:
| ||||||
20 | (A) The minor has been convicted of first degree | ||||||
21 | murder, attempt
to commit first degree
murder, | ||||||
22 | aggravated criminal sexual
assault, or criminal sexual | ||||||
23 | assault,
| ||||||
24 | (B) The court has made a finding that the minor was | ||||||
25 | at least 13 years
of age
at the time the offense was | ||||||
26 | committed and the conviction was based upon the
minor's |
| |||||||
| |||||||
1 | commission of: (i)
an offense in
furtherance of the | ||||||
2 | commission of a felony as a member of or on behalf of a
| ||||||
3 | criminal street gang, (ii) an offense
involving the use | ||||||
4 | of a firearm in the commission of a felony, (iii)
a | ||||||
5 | Class X felony offense under or a second or subsequent | ||||||
6 | Class 2 or
greater felony offense under the Cannabis | ||||||
7 | Control Act, (iv) a
second or subsequent offense under | ||||||
8 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
9 | (v) an offense under Section 401 of the Illinois
| ||||||
10 | Controlled Substances Act, (vi) an act that would be a | ||||||
11 | second or subsequent offense under Section 60 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | or (vii) an act that would be an offense under another | ||||||
14 | Section of the Methamphetamine Control and Community | ||||||
15 | Protection Act.
| ||||||
16 | (D) Pending or following any adjudication of delinquency | ||||||
17 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
18 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
20 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
21 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
22 | juvenile who is the subject of the adjudication, | ||||||
23 | notwithstanding any other
provision of this Act, shall be | ||||||
24 | treated
as an adult for the purpose of affording such rights to | ||||||
25 | the victim.
| ||||||
26 | (E) Nothing in this Section shall affect the right of a |
| |||||||
| |||||||
1 | Civil Service
Commission or appointing authority of any state, | ||||||
2 | county or municipality
examining the character and fitness of
| ||||||
3 | an applicant for employment with a law enforcement
agency, | ||||||
4 | correctional institution, or fire department to
ascertain
| ||||||
5 | whether that applicant was ever adjudicated to be a delinquent | ||||||
6 | minor and,
if so, to examine the records of disposition or | ||||||
7 | evidence which were made in
proceedings under this Act.
| ||||||
8 | (F) Following any adjudication of delinquency for a crime | ||||||
9 | which would be
a felony if committed by an adult, or following | ||||||
10 | any adjudication of delinquency
for a violation of Section | ||||||
11 | 24-0.1, 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, the State's Attorney shall | ||||||
13 | ascertain
whether the minor respondent is enrolled in school | ||||||
14 | and, if so, shall provide
a copy of the dispositional order to | ||||||
15 | the principal or chief administrative
officer of the school. | ||||||
16 | Access to such juvenile records shall be limited
to the | ||||||
17 | principal or chief administrative officer of the school and any | ||||||
18 | guidance
counselor designated by him.
| ||||||
19 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
20 | disclosure of information or records relating or pertaining to | ||||||
21 | juveniles
subject to the provisions of the Serious Habitual | ||||||
22 | Offender Comprehensive
Action Program when that information is | ||||||
23 | used to assist in the early
identification and treatment of | ||||||
24 | habitual juvenile offenders.
| ||||||
25 | (H) When a Court hearing a proceeding under Article II of | ||||||
26 | this Act becomes
aware that an earlier proceeding under Article |
| |||||||
| |||||||
1 | II had been heard in a different
county, that Court shall | ||||||
2 | request, and the Court in which the earlier
proceedings were | ||||||
3 | initiated shall transmit, an authenticated copy of the Court
| ||||||
4 | record, including all documents, petitions, and orders filed | ||||||
5 | therein and the
minute orders, transcript of proceedings, and | ||||||
6 | docket entries of the Court.
| ||||||
7 | (I) The Clerk of the Circuit Court shall report to the | ||||||
8 | Department of
State
Police, in the form and manner required by | ||||||
9 | the Department of State Police, the
final disposition of each | ||||||
10 | minor who has been arrested or taken into custody
before his or | ||||||
11 | her 17th birthday for those offenses required to be reported
| ||||||
12 | under Section 5 of the Criminal Identification Act. Information | ||||||
13 | reported to
the Department under this Section may be maintained | ||||||
14 | with records that the
Department files under Section 2.1 of the | ||||||
15 | Criminal Identification Act.
| ||||||
16 | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||||||
17 | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||||||
18 | (705 ILCS 405/5-130)
| ||||||
19 | Sec. 5-130. Excluded jurisdiction.
| ||||||
20 | (1) (a) The definition of delinquent minor under Section | ||||||
21 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
22 | time of an offense was at
least 15 years of age and who is | ||||||
23 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
24 | sexual assault, (iii) aggravated battery with a firearm as | ||||||
25 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
| |||||||
| |||||||
1 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
2 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed | ||||||
4 | robbery when the
armed robbery was committed with a firearm, or | ||||||
5 | (v)
aggravated vehicular hijacking
when the hijacking was | ||||||
6 | committed with a firearm.
| ||||||
7 | These charges and all other charges arising out of the same | ||||||
8 | incident shall
be prosecuted under the criminal laws of this | ||||||
9 | State.
| ||||||
10 | (b) (i) If before trial or plea an information or | ||||||
11 | indictment is filed that
does not charge an offense specified | ||||||
12 | in paragraph (a) of this subsection
(1) the State's Attorney | ||||||
13 | may proceed on any lesser charge or charges, but
only in | ||||||
14 | Juvenile Court under the provisions of this Article. The | ||||||
15 | State's
Attorney may proceed on a lesser charge if
before trial | ||||||
16 | the minor defendant knowingly and with advice of counsel | ||||||
17 | waives,
in writing, his or her right to have the matter proceed | ||||||
18 | in Juvenile Court.
| ||||||
19 | (ii) If before trial or plea an information or indictment | ||||||
20 | is filed that
includes one or more charges specified in | ||||||
21 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
22 | that are not specified in that paragraph, all of the charges
| ||||||
23 | arising out of the same incident shall be prosecuted under the | ||||||
24 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
25 | (c) (i) If after trial or plea the minor is convicted of | ||||||
26 | any offense
covered by paragraph (a) of this subsection (1), |
| |||||||
| |||||||
1 | then, in sentencing the minor,
the court shall have available | ||||||
2 | any or all dispositions prescribed for that
offense under | ||||||
3 | Chapter V of the Unified Code of Corrections.
| ||||||
4 | (ii) If after trial or plea the court finds that the minor | ||||||
5 | committed an
offense not covered by paragraph (a) of this | ||||||
6 | subsection (1), that finding shall
not invalidate the verdict | ||||||
7 | or the prosecution of the minor under the criminal
laws of the | ||||||
8 | State; however, unless the State requests a hearing for the
| ||||||
9 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
10 | Code of
Corrections, the Court must proceed under Sections | ||||||
11 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
12 | State must file a written motion within 10
days following the | ||||||
13 | entry of a finding or the return of a verdict. Reasonable
| ||||||
14 | notice of the motion shall be given to the minor or his or her | ||||||
15 | counsel.
If the motion is made by the State, the court shall | ||||||
16 | conduct a hearing to
determine if the minor should be sentenced | ||||||
17 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
18 | its determination, the court shall consider among
other | ||||||
19 | matters: (a) whether there is
evidence that the offense was | ||||||
20 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
21 | of the minor; (c) the previous history of the
minor; (d) | ||||||
22 | whether there are facilities particularly available to the | ||||||
23 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
24 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
25 | security of the public requires sentencing under Chapter V of | ||||||
26 | the
Unified Code of Corrections; and (f) whether the minor |
| |||||||
| |||||||
1 | possessed a deadly
weapon when committing the offense. The | ||||||
2 | rules of evidence shall be the same as
if at trial. If after | ||||||
3 | the hearing the court finds that the minor should be
sentenced | ||||||
4 | under Chapter V of the Unified Code of Corrections, then the | ||||||
5 | court
shall sentence the minor accordingly having available to | ||||||
6 | it any or all
dispositions so prescribed.
| ||||||
7 | (2) (Blank).
| ||||||
8 | (3) (a) The definition of delinquent minor under Section
| ||||||
9 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
10 | time of the offense was at
least 15 years of age and who is | ||||||
11 | charged with a violation of the provisions of
Section 24-0.1 or | ||||||
12 | paragraph (1), (3), (4), or (10) of subsection (a) of Section | ||||||
13 | 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
14 | while in school, regardless of the time of day or the
time of | ||||||
15 | year, or on the real property comprising any school, regardless | ||||||
16 | of the
time of day or the time of year. School is defined, for | ||||||
17 | purposes of this
Section as any public or private elementary or | ||||||
18 | secondary school, community
college, college, or university. | ||||||
19 | These charges and all other charges arising
out of the same | ||||||
20 | incident shall be prosecuted under the criminal laws of this
| ||||||
21 | State.
| ||||||
22 | (b) (i) If before trial or plea an information or | ||||||
23 | indictment is filed that
does not charge an offense specified | ||||||
24 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
25 | may proceed on any lesser charge or charges, but only in
| ||||||
26 | Juvenile Court under the provisions of this Article. The |
| |||||||
| |||||||
1 | State's Attorney may
proceed under the criminal laws of this | ||||||
2 | State on a lesser charge if before
trial the minor defendant | ||||||
3 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
4 | her right to have the matter proceed in Juvenile Court.
| ||||||
5 | (ii) If before trial or plea an information or indictment | ||||||
6 | is filed that
includes one or more charges specified in | ||||||
7 | paragraph (a) of this subsection (3)
and additional charges | ||||||
8 | that are not specified in that paragraph, all of the
charges | ||||||
9 | arising out of the same incident shall be prosecuted under the | ||||||
10 | criminal
laws of this State.
| ||||||
11 | (c) (i) If after trial or plea the minor is convicted of | ||||||
12 | any offense
covered by paragraph (a) of this subsection (3), | ||||||
13 | then, in sentencing the minor,
the court shall have available | ||||||
14 | any or all dispositions prescribed for that
offense under | ||||||
15 | Chapter V of the Unified Code of Corrections.
| ||||||
16 | (ii) If after trial or plea the court finds that the minor | ||||||
17 | committed an
offense not covered by paragraph (a) of this | ||||||
18 | subsection (3), that finding shall
not invalidate the verdict | ||||||
19 | or the prosecution of the minor under the criminal
laws of the | ||||||
20 | State; however, unless the State requests a hearing for the
| ||||||
21 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
22 | Code of
Corrections, the Court must proceed under Sections | ||||||
23 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
24 | State must file a written motion within 10
days following the | ||||||
25 | entry of a finding or the return of a verdict. Reasonable
| ||||||
26 | notice of the motion shall be given to the minor or his or her |
| |||||||
| |||||||
1 | counsel. If the
motion is made by the State, the court shall | ||||||
2 | conduct a hearing to determine if
the minor should be sentenced | ||||||
3 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
4 | its determination, the court shall consider
among other | ||||||
5 | matters: (a) whether there is
evidence that the offense was | ||||||
6 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
7 | of the minor; (c) the previous history of the
minor; (d) | ||||||
8 | whether there are facilities particularly available to the | ||||||
9 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
10 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
11 | security of the public requires sentencing under Chapter V of | ||||||
12 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
13 | possessed a deadly
weapon when committing the offense. The | ||||||
14 | rules of evidence shall be the same as
if at trial. If after | ||||||
15 | the hearing the court finds that the minor should be
sentenced | ||||||
16 | under Chapter V of the Unified Code of Corrections, then the | ||||||
17 | court
shall sentence the minor accordingly having available to | ||||||
18 | it any or all
dispositions so prescribed.
| ||||||
19 | (4) (a) The definition of delinquent minor under Section | ||||||
20 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
21 | time of an offense was at least 13
years of age and who is | ||||||
22 | charged with first degree murder committed during the
course of | ||||||
23 | either aggravated criminal sexual assault, criminal sexual | ||||||
24 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
25 | does not include a minor
charged with first degree murder based | ||||||
26 | exclusively upon the accountability
provisions of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012.
| ||||||
2 | (b) (i) If before trial or plea an information or | ||||||
3 | indictment is filed that
does not charge first degree murder | ||||||
4 | committed during the course of aggravated
criminal sexual | ||||||
5 | assault, criminal
sexual assault, or aggravated kidnaping, the | ||||||
6 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
7 | but only in Juvenile Court under the provisions
of this | ||||||
8 | Article. The State's Attorney may proceed under the criminal | ||||||
9 | laws of
this State
on a lesser charge if before trial the minor | ||||||
10 | defendant knowingly and with
advice of counsel waives, in | ||||||
11 | writing, his or her right to have the matter
proceed in | ||||||
12 | Juvenile Court.
| ||||||
13 | (ii) If before trial or plea an information or
indictment | ||||||
14 | is filed that includes first degree murder committed during the
| ||||||
15 | course of aggravated criminal sexual assault, criminal sexual | ||||||
16 | assault, or
aggravated kidnaping, and additional charges that | ||||||
17 | are not specified in
paragraph (a) of this subsection, all of | ||||||
18 | the charges arising out of the same
incident shall be | ||||||
19 | prosecuted under the criminal laws of this State.
| ||||||
20 | (c) (i) If after trial or plea the minor is convicted of | ||||||
21 | first degree
murder
committed during the course of aggravated | ||||||
22 | criminal sexual assault, criminal
sexual assault, or | ||||||
23 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
24 | have available any or all dispositions prescribed for that | ||||||
25 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
26 | (ii) If the minor was not yet 15
years of age at the time of |
| |||||||
| |||||||
1 | the offense, and if after trial or plea the court
finds that | ||||||
2 | the minor
committed an offense other than first degree murder | ||||||
3 | committed during
the course of either aggravated criminal | ||||||
4 | sexual assault, criminal sexual
assault, or aggravated | ||||||
5 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
6 | prosecution of the minor under the criminal laws of the State;
| ||||||
7 | however, unless the State requests a hearing for the purpose of | ||||||
8 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
9 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
10 | 5-710 of this Article. To request a hearing, the State must
| ||||||
11 | file a written motion within 10 days following the entry of a | ||||||
12 | finding or the
return of a verdict. Reasonable notice of the | ||||||
13 | motion shall be given to the
minor or his or her counsel. If | ||||||
14 | the motion is made by the State, the court
shall conduct a | ||||||
15 | hearing to determine whether the minor should be sentenced
| ||||||
16 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
17 | its determination, the court shall
consider among other | ||||||
18 | matters: (a) whether there is evidence that the offense
was | ||||||
19 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
20 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
21 | (d) whether there are facilities
particularly available to the | ||||||
22 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
23 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
24 | interest of the minor and the security of the public require | ||||||
25 | sentencing under
Chapter V of the Unified Code of Corrections; | ||||||
26 | and (f) whether the minor
possessed a deadly weapon when |
| |||||||
| |||||||
1 | committing the offense. The rules of evidence
shall be the same | ||||||
2 | as if at trial. If after the hearing the court finds that
the | ||||||
3 | minor should be sentenced under Chapter V of the Unified Code | ||||||
4 | of
Corrections, then the court shall sentence the minor | ||||||
5 | accordingly having
available to it any or all dispositions so | ||||||
6 | prescribed.
| ||||||
7 | (5) (a) The definition of delinquent minor under Section | ||||||
8 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
9 | charged with a violation of subsection (a)
of Section 31-6 or | ||||||
10 | Section 32-10 of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012 when the minor is
subject to prosecution under the | ||||||
12 | criminal laws of this State as a result of the
application of | ||||||
13 | the provisions of Section 5-125, or subsection (1) or (2) of
| ||||||
14 | this Section. These charges and all other charges arising out | ||||||
15 | of the same
incident shall be prosecuted under the criminal | ||||||
16 | laws of this State.
| ||||||
17 | (b) (i) If before trial or plea an information or | ||||||
18 | indictment is filed that
does not charge an offense specified | ||||||
19 | in paragraph (a) of this subsection (5),
the State's Attorney | ||||||
20 | may proceed on any lesser charge or charges, but only in
| ||||||
21 | Juvenile Court under the provisions of this Article. The | ||||||
22 | State's Attorney may
proceed under the criminal laws of this | ||||||
23 | State on a lesser charge if before
trial the minor defendant | ||||||
24 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
25 | her right to have the matter proceed in Juvenile Court.
| ||||||
26 | (ii) If before trial
or plea an information or indictment |
| |||||||
| |||||||
1 | is filed that includes one or more charges
specified in | ||||||
2 | paragraph (a) of this subsection (5) and additional charges | ||||||
3 | that
are not specified in that paragraph, all of
the charges | ||||||
4 | arising out of the same incident shall be prosecuted under the
| ||||||
5 | criminal laws of this State.
| ||||||
6 | (c) (i) If after trial or plea the minor is convicted of | ||||||
7 | any offense
covered
by paragraph (a) of this subsection (5), | ||||||
8 | then, in sentencing the minor, the
court shall have available | ||||||
9 | any or all dispositions prescribed for that offense
under | ||||||
10 | Chapter V of the Unified Code of Corrections.
| ||||||
11 | (ii) If after trial or
plea the court finds that the minor | ||||||
12 | committed an offense not covered by
paragraph (a) of
this | ||||||
13 | subsection (5), the conviction shall not invalidate the verdict | ||||||
14 | or the
prosecution of the minor under the criminal laws of this | ||||||
15 | State; however,
unless the State requests a hearing for the
| ||||||
16 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
17 | Code of
Corrections, the Court must proceed under Sections | ||||||
18 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
19 | State must file a written motion within 10 days
following the | ||||||
20 | entry of a finding or the return of a verdict. Reasonable | ||||||
21 | notice
of the motion shall be given to the minor or his or her | ||||||
22 | counsel. If the motion
is made by the State, the court shall | ||||||
23 | conduct a hearing to determine if whether
the minor should be | ||||||
24 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
25 | In making its determination, the court shall consider among | ||||||
26 | other
matters: (a) whether there is evidence that the offense |
| |||||||
| |||||||
1 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
2 | age of the minor; (c) the previous
delinquent history of the | ||||||
3 | minor; (d) whether there are facilities particularly
available | ||||||
4 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
5 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
6 | security of the public requires sentencing under Chapter V of | ||||||
7 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
8 | possessed a deadly weapon when
committing the offense. The | ||||||
9 | rules of evidence shall be the same as if at
trial. If after | ||||||
10 | the hearing the court finds that the minor should be sentenced
| ||||||
11 | under Chapter V of the Unified Code of Corrections, then the | ||||||
12 | court shall
sentence the minor accordingly having available to | ||||||
13 | it any or all dispositions
so prescribed.
| ||||||
14 | (6) The definition of delinquent minor under Section 5-120 | ||||||
15 | of this Article
shall not apply to any minor who, pursuant to | ||||||
16 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
17 | been placed under the jurisdiction of
the criminal court and | ||||||
18 | has been convicted of a crime under an adult criminal or
penal | ||||||
19 | statute. Such a minor shall be subject to prosecution under the | ||||||
20 | criminal
laws of this State.
| ||||||
21 | (7) The procedures set out in this Article for the | ||||||
22 | investigation, arrest and
prosecution of juvenile offenders | ||||||
23 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
24 | the Juvenile Court, except that minors under 17 years of
age | ||||||
25 | shall be kept separate from confined adults.
| ||||||
26 | (8) Nothing in this Act prohibits or limits the prosecution |
| |||||||
| |||||||
1 | of any
minor for an offense committed on or after his or her | ||||||
2 | 17th birthday even though
he or she is at the time of the | ||||||
3 | offense a ward of the court.
| ||||||
4 | (9) If an original petition for adjudication of wardship | ||||||
5 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
6 | act that constitutes a crime under the laws of this State,
the | ||||||
7 | minor, with the consent of his or her counsel, may, at any time | ||||||
8 | before
commencement of the adjudicatory hearing, file with the | ||||||
9 | court a motion
that criminal prosecution be ordered and that | ||||||
10 | the petition be dismissed
insofar as the act or acts involved | ||||||
11 | in the criminal proceedings are
concerned. If such a motion is | ||||||
12 | filed as herein provided, the court shall
enter its order | ||||||
13 | accordingly.
| ||||||
14 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
15 | Public Act 94-574), a minor is charged with a violation of | ||||||
16 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
17 | criminal laws of this State, other than a minor charged with a | ||||||
18 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
19 | Act or the Methamphetamine Control and Community Protection | ||||||
20 | Act, any party including the minor or the court sua sponte
may, | ||||||
21 | before trial,
move for a hearing for the purpose of trying and | ||||||
22 | sentencing the minor as
a delinquent minor. To request a | ||||||
23 | hearing, the party must file a motion
prior to trial. | ||||||
24 | Reasonable notice of the motion shall be given to all
parties. | ||||||
25 | On its own motion or upon the filing of a motion by one of the
| ||||||
26 | parties including the minor, the court shall conduct a hearing |
| |||||||
| |||||||
1 | to
determine whether the minor should be tried and sentenced as | ||||||
2 | a
delinquent minor under this Article. In making its | ||||||
3 | determination, the
court shall consider among other matters:
| ||||||
4 | (a) The age of the minor;
| ||||||
5 | (b) Any previous delinquent or criminal history of the | ||||||
6 | minor;
| ||||||
7 | (c) Any previous abuse or neglect history of the minor;
| ||||||
8 | (d) Any mental health or educational history of the minor, | ||||||
9 | or both; and
| ||||||
10 | (e) Whether there is probable cause to support the charge, | ||||||
11 | whether
the minor is charged through accountability, and | ||||||
12 | whether there is
evidence the minor possessed a deadly weapon | ||||||
13 | or caused serious
bodily harm during the offense.
| ||||||
14 | Any material that is relevant and reliable shall be | ||||||
15 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
16 | an order permitting prosecution
under the criminal laws of | ||||||
17 | Illinois unless the judge makes a finding
based on a | ||||||
18 | preponderance of the evidence that the minor would be
amenable | ||||||
19 | to the care, treatment, and training programs available
through | ||||||
20 | the facilities of the juvenile court based on an evaluation of
| ||||||
21 | the factors listed in this subsection (10).
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
23 | (705 ILCS 405/5-407)
| ||||||
24 | Sec. 5-407. Processing of juvenile in possession of a | ||||||
25 | firearm.
|
| |||||||
| |||||||
1 | (a) If a law enforcement officer detains a minor pursuant | ||||||
2 | to Section
10-27.1A of the
School Code, the officer shall | ||||||
3 | deliver the minor to the nearest juvenile
officer, in the | ||||||
4 | manner
prescribed by subsection (2) of Section 5-405 of this | ||||||
5 | Act. The juvenile
officer shall deliver the
minor without | ||||||
6 | unnecessary delay to the court or to the place designated by | ||||||
7 | rule
or order of court
for the reception of minors. In no event | ||||||
8 | shall the minor be eligible for any
other disposition by
the | ||||||
9 | juvenile police officer, notwithstanding the provisions of | ||||||
10 | subsection (3)
of Section 5-405 of
this Act.
| ||||||
11 | (b) Minors not excluded from this Act's jurisdiction under | ||||||
12 | subsection (3)(a)
of Section 5-130 of this Act shall be brought | ||||||
13 | before a judicial officer within
40 hours,
exclusive of | ||||||
14 | Saturdays,
Sundays, and court-designated holidays, for a | ||||||
15 | detention hearing to determine
whether he or she
shall be | ||||||
16 | further held in custody. If the court finds that there is | ||||||
17 | probable
cause to believe that the
minor is a delinquent minor | ||||||
18 | by virtue of his or her violation of Section 24-0.1 or item (4) | ||||||
19 | of
subsection (a) of
Section 24-1 of the Criminal Code of 1961 | ||||||
20 | or the Criminal Code of 2012
while on school grounds, that | ||||||
21 | finding shall create a presumption that immediate
and urgent | ||||||
22 | necessity exists under
subdivision (2) of Section 5-501 of this | ||||||
23 | Act. Once the presumption of
immediate and urgent necessity has | ||||||
24 | been raised, the burden of demonstrating the
lack of immediate | ||||||
25 | and urgent necessity shall be on any party that is opposing
| ||||||
26 | detention for the minor. Should the court order detention |
| |||||||
| |||||||
1 | pursuant to this
Section, the minor
shall be detained, pending | ||||||
2 | the results of a court-ordered
psychological
evaluation to | ||||||
3 | determine if the minor is a risk to himself, herself, or | ||||||
4 | others.
Upon receipt of the
psychological evaluation, the court | ||||||
5 | shall review the determination regarding
the existence of
| ||||||
6 | urgent and immediate necessity. The court shall consider the | ||||||
7 | psychological
evaluation in
conjunction with the other factors | ||||||
8 | identified in subdivision (2) of Section
5-501 of this Act in
| ||||||
9 | order to make a de novo determination regarding whether it is a | ||||||
10 | matter of
immediate and urgent
necessity for the protection of | ||||||
11 | the minor or of the person or property of
another that the | ||||||
12 | minor be
detained or placed in a shelter care facility. In | ||||||
13 | addition to the pre-trial
conditions found in
Section 5-505 of | ||||||
14 | this Act, the court may order the minor to receive counseling
| ||||||
15 | and any other
services recommended by the psychological | ||||||
16 | evaluation as a condition for release
of the minor.
| ||||||
17 | (c) Upon making a determination that the student presents a | ||||||
18 | risk to himself,
herself, or
others, the court shall issue an | ||||||
19 | order restraining the student from entering
the property of the
| ||||||
20 | school if he or she has been suspended or expelled from the | ||||||
21 | school as a result
of possessing a
firearm. The order shall | ||||||
22 | restrain the student from entering the school and
school
owned | ||||||
23 | or leased
property, including any conveyance owned, leased, or | ||||||
24 | contracted by the school
to transport
students to or from | ||||||
25 | school or a school-related activity. The order shall
remain in | ||||||
26 | effect until such
time as the court determines that the student |
| |||||||
| |||||||
1 | no longer presents a risk to
himself, herself, or
others.
| ||||||
2 | (d) Psychological evaluations ordered pursuant to | ||||||
3 | subsection (b) of this
Section and
statements made by the minor | ||||||
4 | during the course of these evaluations, shall not
be admissible | ||||||
5 | on
the issue of delinquency during the course of any | ||||||
6 | adjudicatory hearing held
under this Act.
| ||||||
7 | (e) In this Section:
| ||||||
8 | "School" means any public or
private
elementary or | ||||||
9 | secondary school.
| ||||||
10 | "School grounds" includes the real
property comprising
any | ||||||
11 | school, any conveyance owned, leased, or contracted by a school | ||||||
12 | to
transport students to or
from school or a school-related | ||||||
13 | activity, or any public way within 1,000
feet of the real
| ||||||
14 | property comprising any school.
| ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
16 | (705 ILCS 405/5-901)
| ||||||
17 | Sec. 5-901. Court file.
| ||||||
18 | (1) The Court file with respect to proceedings under this
| ||||||
19 | Article shall consist of the petitions, pleadings, victim | ||||||
20 | impact statements,
process,
service of process, orders, writs | ||||||
21 | and docket entries reflecting hearings held
and judgments and | ||||||
22 | decrees entered by the court. The court file shall be
kept | ||||||
23 | separate from other records of the court.
| ||||||
24 | (a) The file, including information identifying the | ||||||
25 | victim or alleged
victim of any sex
offense, shall be |
| |||||||
| |||||||
1 | disclosed only to the following parties when necessary for
| ||||||
2 | discharge of their official duties:
| ||||||
3 | (i) A judge of the circuit court and members of the | ||||||
4 | staff of the court
designated by the judge;
| ||||||
5 | (ii) Parties to the proceedings and their | ||||||
6 | attorneys;
| ||||||
7 | (iii) Victims and their attorneys, except in cases | ||||||
8 | of multiple victims
of
sex offenses in which case the | ||||||
9 | information identifying the nonrequesting
victims | ||||||
10 | shall be redacted;
| ||||||
11 | (iv) Probation officers, law enforcement officers | ||||||
12 | or prosecutors or
their
staff;
| ||||||
13 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
14 | (b) The Court file redacted to remove any information | ||||||
15 | identifying the
victim or alleged victim of any sex offense | ||||||
16 | shall be disclosed only to the
following parties when | ||||||
17 | necessary for discharge of their official duties:
| ||||||
18 | (i) Authorized military personnel;
| ||||||
19 | (ii) Persons engaged in bona fide research, with | ||||||
20 | the permission of the
judge of the juvenile court and | ||||||
21 | the chief executive of the agency that prepared
the
| ||||||
22 | particular recording: provided that publication of | ||||||
23 | such research results in no
disclosure of a minor's | ||||||
24 | identity and protects the confidentiality of the
| ||||||
25 | record;
| ||||||
26 | (iii) The Secretary of State to whom the Clerk of |
| |||||||
| |||||||
1 | the Court shall report
the disposition of all cases, as | ||||||
2 | required in Section 6-204 or Section 6-205.1
of the | ||||||
3 | Illinois
Vehicle Code. However, information reported | ||||||
4 | relative to these offenses shall
be privileged and | ||||||
5 | available only to the Secretary of State, courts, and | ||||||
6 | police
officers;
| ||||||
7 | (iv) The administrator of a bonafide substance | ||||||
8 | abuse student
assistance program with the permission | ||||||
9 | of the presiding judge of the
juvenile court;
| ||||||
10 | (v) Any individual, or any public or private agency | ||||||
11 | or institution,
having
custody of the juvenile under | ||||||
12 | court order or providing educational, medical or
| ||||||
13 | mental health services to the juvenile or a | ||||||
14 | court-approved advocate for the
juvenile or any | ||||||
15 | placement provider or potential placement provider as
| ||||||
16 | determined by the court.
| ||||||
17 | (3) A minor who is the victim or alleged victim in a | ||||||
18 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
19 | regarding disclosure of identity as the
minor who is the | ||||||
20 | subject of record.
Information identifying victims and alleged | ||||||
21 | victims of sex offenses,
shall not be disclosed or open to | ||||||
22 | public inspection under any circumstances.
Nothing in this | ||||||
23 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
24 | offense from voluntarily disclosing his or her identity.
| ||||||
25 | (4) Relevant information, reports and records shall be made | ||||||
26 | available to the
Department of
Juvenile Justice when a juvenile |
| |||||||
| |||||||
1 | offender has been placed in the custody of the
Department of | ||||||
2 | Juvenile Justice.
| ||||||
3 | (5) Except as otherwise provided in this subsection (5), | ||||||
4 | juvenile court
records shall not be made available to the | ||||||
5 | general public
but may be inspected by representatives of | ||||||
6 | agencies, associations and news
media or other properly | ||||||
7 | interested persons by general or special order of
the court. | ||||||
8 | The State's Attorney, the minor, his or her parents, guardian | ||||||
9 | and
counsel
shall at all times have the right to examine court | ||||||
10 | files and records.
| ||||||
11 | (a) The
court shall allow the general public to have | ||||||
12 | access to the name, address, and
offense of a minor
who is | ||||||
13 | adjudicated a delinquent minor under this Act under either | ||||||
14 | of the
following circumstances:
| ||||||
15 | (i) The
adjudication of
delinquency was based upon | ||||||
16 | the
minor's
commission of first degree murder, attempt | ||||||
17 | to commit first degree
murder, aggravated criminal | ||||||
18 | sexual assault, or criminal sexual assault; or
| ||||||
19 | (ii) The court has made a finding that the minor | ||||||
20 | was at least 13 years
of
age
at the time the act was | ||||||
21 | committed and the adjudication of delinquency was | ||||||
22 | based
upon the minor's commission of: (A)
an act in | ||||||
23 | furtherance of the commission of a felony as a member | ||||||
24 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
25 | involving the use of a firearm in the commission of a
| ||||||
26 | felony, (C) an act that would be a Class X felony |
| |||||||
| |||||||
1 | offense
under or
the minor's second or subsequent
Class | ||||||
2 | 2 or greater felony offense under the Cannabis Control | ||||||
3 | Act if committed
by an adult,
(D) an act that would be | ||||||
4 | a second or subsequent offense under Section 402 of
the | ||||||
5 | Illinois Controlled Substances Act if committed by an | ||||||
6 | adult, (E) an act
that would be an offense under | ||||||
7 | Section 401 of the Illinois Controlled
Substances Act | ||||||
8 | if committed by an adult, or (F) an act that would be | ||||||
9 | an offense under the Methamphetamine Control and | ||||||
10 | Community Protection Act if committed by an adult.
| ||||||
11 | (b) The court
shall allow the general public to have | ||||||
12 | access to the name, address, and offense
of a minor who is | ||||||
13 | at least 13 years of age at
the time the offense
is | ||||||
14 | committed and who is convicted, in criminal proceedings
| ||||||
15 | permitted or required under Section 5-805, under either of
| ||||||
16 | the following
circumstances:
| ||||||
17 | (i) The minor has been convicted of first degree | ||||||
18 | murder, attempt
to commit first degree
murder, | ||||||
19 | aggravated criminal sexual
assault, or criminal sexual | ||||||
20 | assault,
| ||||||
21 | (ii) The court has made a finding that the minor | ||||||
22 | was at least 13 years
of age
at the time the offense | ||||||
23 | was committed and the conviction was based upon the
| ||||||
24 | minor's commission of: (A)
an offense in
furtherance of | ||||||
25 | the commission of a felony as a member of or on behalf | ||||||
26 | of a
criminal street gang, (B) an offense
involving the |
| |||||||
| |||||||
1 | use of a firearm in the commission of a felony, (C)
a | ||||||
2 | Class X felony offense under the Cannabis Control Act | ||||||
3 | or a second or
subsequent Class 2 or
greater felony | ||||||
4 | offense under the Cannabis Control Act, (D) a
second or | ||||||
5 | subsequent offense under Section 402 of the Illinois
| ||||||
6 | Controlled Substances Act, (E) an offense under | ||||||
7 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
8 | or (F) an offense under the Methamphetamine Control and | ||||||
9 | Community Protection Act.
| ||||||
10 | (6) Nothing in this Section shall be construed to limit the | ||||||
11 | use of a
adjudication of delinquency as
evidence in any | ||||||
12 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
13 | admissible under the rules of evidence, including but not | ||||||
14 | limited to, use as
impeachment evidence against any witness, | ||||||
15 | including the minor if he or she
testifies.
| ||||||
16 | (7) Nothing in this Section shall affect the right of a | ||||||
17 | Civil Service
Commission or appointing authority examining the | ||||||
18 | character and fitness of
an applicant for a position as a law | ||||||
19 | enforcement officer to ascertain
whether that applicant was | ||||||
20 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
21 | examine the records or evidence which were made in
proceedings | ||||||
22 | under this Act.
| ||||||
23 | (8) Following any adjudication of delinquency for a crime | ||||||
24 | which would be
a felony if committed by an adult, or following | ||||||
25 | any adjudication of delinquency
for a violation of Section | ||||||
26 | 24-0.1, 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or the Criminal Code of 2012, the State's Attorney shall | ||||||
2 | ascertain
whether the minor respondent is enrolled in school | ||||||
3 | and, if so, shall provide
a copy of the sentencing order to the | ||||||
4 | principal or chief administrative
officer of the school. Access | ||||||
5 | to such juvenile records shall be limited
to the principal or | ||||||
6 | chief administrative officer of the school and any guidance
| ||||||
7 | counselor designated by him or her.
| ||||||
8 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
9 | disclosure of information or records relating or pertaining to | ||||||
10 | juveniles
subject to the provisions of the Serious Habitual | ||||||
11 | Offender Comprehensive
Action Program when that information is | ||||||
12 | used to assist in the early
identification and treatment of | ||||||
13 | habitual juvenile offenders.
| ||||||
14 | (11) The Clerk of the Circuit Court shall report to the | ||||||
15 | Department of
State
Police, in the form and manner required by | ||||||
16 | the Department of State Police, the
final disposition of each | ||||||
17 | minor who has been arrested or taken into custody
before his or | ||||||
18 | her 17th birthday for those offenses required to be reported
| ||||||
19 | under Section 5 of the Criminal Identification Act. Information | ||||||
20 | reported to
the Department under this Section may be maintained | ||||||
21 | with records that the
Department files under Section 2.1 of the | ||||||
22 | Criminal Identification Act.
| ||||||
23 | (12) Information or records may be disclosed to the general | ||||||
24 | public when the
court is conducting hearings under Section | ||||||
25 | 5-805 or 5-810.
| ||||||
26 | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | Section 105. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1, 24-1.1, | ||||||
3 | 24-1.6, 24-1.8, 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 | ||||||
4 | and adding Sections 24-0.1 and 24-4.5 as follows:
| ||||||
5 | (720 ILCS 5/2-7.1)
| ||||||
6 | Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". | ||||||
7 | "Firearm
"Firearm" and "firearm
ammunition" means any | ||||||
8 | self-contained cartridge or shotgun shell, by whatever name | ||||||
9 | known, which is designed to be used or adaptable to use in a | ||||||
10 | firearm; excluding, however: | ||||||
11 | (1) any ammunition exclusively designed for use with
a | ||||||
12 | device used exclusively for signalling or safety and required | ||||||
13 | or recommended by the United States Coast Guard or the | ||||||
14 | Interstate Commerce Commission; and | ||||||
15 | (2) any ammunition designed exclusively for use with
a stud | ||||||
16 | or rivet driver or other similar industrial ammunition
have the | ||||||
17 | meanings ascribed to them in Section 1.1 of the Firearm
Owners | ||||||
18 | Identification Card Act .
| ||||||
19 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
20 | (720 ILCS 5/2-7.5)
| ||||||
21 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
22 | specific
Section, "firearm" means any device, by whatever name | ||||||
23 | known, which is designed to expel a projectile or projectiles |
| |||||||
| |||||||
1 | by the action of an explosion, expansion of gas or escape of | ||||||
2 | gas; excluding, however: | ||||||
3 | (1) any pneumatic gun, spring gun, paint ball gun, or
B-B | ||||||
4 | gun which either expels a single globular projectile not | ||||||
5 | exceeding .18 inch in diameter and which has a maximum muzzle | ||||||
6 | velocity of less than 700 feet per second or breakable paint | ||||||
7 | balls containing washable marking colors; | ||||||
8 | (2) any device used exclusively for signalling or
safety | ||||||
9 | and required or recommended by the United States Coast Guard or | ||||||
10 | the Interstate Commerce Commission; | ||||||
11 | (3) any device used exclusively for the firing of
stud | ||||||
12 | cartridges, explosive rivets, or similar industrial | ||||||
13 | ammunition; and | ||||||
14 | (4) an antique firearm (other than a machine-gun)
which, | ||||||
15 | although designed as a weapon, the Department of State Police | ||||||
16 | finds by reason of the date of its manufacture, value, design, | ||||||
17 | and other characteristics is primarily a collector's item and | ||||||
18 | is not likely to be used as a weapon has the meaning ascribed | ||||||
19 | to it in Section 1.1 of the
Firearm Owners Identification Card | ||||||
20 | Act .
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
22 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
23 | Sec. 12-3.05. Aggravated battery.
| ||||||
24 | (a) Offense based on injury. A person commits aggravated | ||||||
25 | battery when, in committing a battery, other than by the |
| |||||||
| |||||||
1 | discharge of a firearm, he or she knowingly does any of the | ||||||
2 | following: | ||||||
3 | (1) Causes great bodily harm or permanent disability or | ||||||
4 | disfigurement. | ||||||
5 | (2) Causes severe and permanent disability, great | ||||||
6 | bodily harm, or disfigurement by means of a caustic or | ||||||
7 | flammable substance, a poisonous gas, a deadly biological | ||||||
8 | or chemical contaminant or agent, a radioactive substance, | ||||||
9 | or a bomb or explosive compound. | ||||||
10 | (3) Causes great bodily harm or permanent disability or | ||||||
11 | disfigurement to an individual whom the person knows to be | ||||||
12 | a peace officer, community policing volunteer, fireman, | ||||||
13 | private security officer, correctional institution | ||||||
14 | employee, or Department of Human Services employee | ||||||
15 | supervising or controlling sexually dangerous persons or | ||||||
16 | sexually violent persons: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (4) Causes great bodily harm or permanent disability or | ||||||
23 | disfigurement to an individual 60 years of age or older. | ||||||
24 | (5) Strangles another individual. | ||||||
25 | (b) Offense based on injury to a child or intellectually | ||||||
26 | disabled person. A person who is at least 18 years of age |
| |||||||
| |||||||
1 | commits aggravated battery when, in committing a battery, he or | ||||||
2 | she knowingly and without legal justification by any means: | ||||||
3 | (1) causes great bodily harm or permanent disability or | ||||||
4 | disfigurement to any child under the age of 13 years, or to | ||||||
5 | any severely or profoundly intellectually disabled person; | ||||||
6 | or | ||||||
7 | (2) causes bodily harm or disability or disfigurement | ||||||
8 | to any child under the age of 13 years or to any severely | ||||||
9 | or profoundly intellectually disabled person. | ||||||
10 | (c) Offense based on location of conduct. A person commits | ||||||
11 | aggravated battery when, in committing a battery, other than by | ||||||
12 | the discharge of a firearm, he or she is or the person battered | ||||||
13 | is on or about a public way, public property, a public place of | ||||||
14 | accommodation or amusement, a sports venue, or a domestic | ||||||
15 | violence shelter. | ||||||
16 | (d) Offense based on status of victim. A person commits | ||||||
17 | aggravated battery when, in committing a battery, other than by | ||||||
18 | discharge of a firearm, he or she knows the individual battered | ||||||
19 | to be any of the following: | ||||||
20 | (1) A person 60 years of age or older. | ||||||
21 | (2) A person who is pregnant or physically handicapped. | ||||||
22 | (3) A teacher or school employee upon school grounds or | ||||||
23 | grounds adjacent to a school or in any part of a building | ||||||
24 | used for school purposes. | ||||||
25 | (4) A peace officer, community policing volunteer, | ||||||
26 | fireman, private security officer, correctional |
| |||||||
| |||||||
1 | institution employee, or Department of Human Services | ||||||
2 | employee supervising or controlling sexually dangerous | ||||||
3 | persons or sexually violent persons: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) battered to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) battered in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (5) A judge, emergency management worker, emergency | ||||||
10 | medical technician, or utility worker: | ||||||
11 | (i) performing his or her official duties; | ||||||
12 | (ii) battered to prevent performance of his or her | ||||||
13 | official duties; or | ||||||
14 | (iii) battered in retaliation for performing his | ||||||
15 | or her official duties. | ||||||
16 | (6) An officer or employee of the State of Illinois, a | ||||||
17 | unit of local government, or a school district, while | ||||||
18 | performing his or her official duties. | ||||||
19 | (7) A transit employee performing his or her official | ||||||
20 | duties, or a transit passenger. | ||||||
21 | (8) A taxi driver on duty. | ||||||
22 | (9) A merchant who detains the person for an alleged | ||||||
23 | commission of retail theft under Section 16-26 of this Code | ||||||
24 | and the person without legal justification by any means | ||||||
25 | causes bodily harm to the merchant. | ||||||
26 | (10) A person authorized to serve process under Section |
| |||||||
| |||||||
1 | 2-202 of the Code of Civil Procedure or a special process | ||||||
2 | server appointed by the circuit court while that individual | ||||||
3 | is in the performance of his or her duties as a process | ||||||
4 | server. | ||||||
5 | (e) Offense based on use of a firearm. A person commits | ||||||
6 | aggravated battery when, in committing a battery, he or she | ||||||
7 | knowingly does any of the following: | ||||||
8 | (1) Discharges a firearm, other than a machine gun or a | ||||||
9 | firearm equipped with a silencer, and causes any injury to | ||||||
10 | another person. | ||||||
11 | (2) Discharges a firearm, other than a machine gun or a | ||||||
12 | firearm equipped with a silencer, and causes any injury to | ||||||
13 | a person he or she knows to be a peace officer, community | ||||||
14 | policing volunteer, person summoned by a police officer, | ||||||
15 | fireman, private security officer, correctional | ||||||
16 | institution employee, or emergency management worker: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (3) Discharges a firearm, other than a machine gun or a | ||||||
23 | firearm equipped with a silencer, and causes any injury to | ||||||
24 | a person he or she knows to be an emergency medical | ||||||
25 | technician employed by a municipality or other | ||||||
26 | governmental unit: |
| |||||||
| |||||||
1 | (i) performing his or her official duties; | ||||||
2 | (ii) battered to prevent performance of his or her | ||||||
3 | official duties; or | ||||||
4 | (iii) battered in retaliation for performing his | ||||||
5 | or her official duties. | ||||||
6 | (4) Discharges a firearm and causes any injury to a | ||||||
7 | person he or she knows to be a teacher, a student in a | ||||||
8 | school, or a school employee, and the teacher, student, or | ||||||
9 | employee is upon school grounds or grounds adjacent to a | ||||||
10 | school or in any part of a building used for school | ||||||
11 | purposes. | ||||||
12 | (5) Discharges a machine gun or a firearm equipped with | ||||||
13 | a silencer, and causes any injury to another person. | ||||||
14 | (6) Discharges a machine gun or a firearm equipped with | ||||||
15 | a silencer, and causes any injury to a person he or she | ||||||
16 | knows to be a peace officer, community policing volunteer, | ||||||
17 | person summoned by a police officer, fireman, private | ||||||
18 | security officer, correctional institution employee or | ||||||
19 | emergency management worker: | ||||||
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 | (7) Discharges a machine gun or a firearm equipped with | ||||||
26 | a silencer, and causes any injury to a person he or she |
| |||||||
| |||||||
1 | knows to be an emergency medical technician employed by a | ||||||
2 | municipality or other governmental unit: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) battered to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) battered in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (8) Discharges a machine gun or a firearm equipped with | ||||||
9 | a silencer, and causes any injury to a person he or she | ||||||
10 | knows to be a teacher, or a student in a school, or a | ||||||
11 | school employee, and the teacher, student, or employee is | ||||||
12 | upon school grounds or grounds adjacent to a school or in | ||||||
13 | any part of a building used for school purposes. | ||||||
14 | (f) Offense based on use of a weapon or device. A person | ||||||
15 | commits aggravated battery when, in committing a battery, he or | ||||||
16 | she does any of the following: | ||||||
17 | (1) Uses a deadly weapon other than by discharge of a | ||||||
18 | firearm, or uses an air rifle as defined in Section | ||||||
19 | 24.8-0.1 of this Code the Air Rifle
Act . | ||||||
20 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
21 | identity. | ||||||
22 | (3) Knowingly and without lawful justification shines | ||||||
23 | or flashes a laser gunsight or other laser device attached | ||||||
24 | to a firearm, or used in concert with a firearm, so that | ||||||
25 | the laser beam strikes upon or against the person of | ||||||
26 | another. |
| |||||||
| |||||||
1 | (g) Offense based on certain conduct. A person commits | ||||||
2 | aggravated battery when, other than by discharge of a firearm, | ||||||
3 | he or she does any of the following: | ||||||
4 | (1) Violates Section 401 of the Illinois Controlled | ||||||
5 | Substances Act by unlawfully delivering a controlled | ||||||
6 | substance to another and any user experiences great bodily | ||||||
7 | harm or permanent disability as a result of the injection, | ||||||
8 | inhalation, or ingestion of any amount of the controlled | ||||||
9 | substance. | ||||||
10 | (2) Knowingly administers to an individual or causes | ||||||
11 | him or her to take, without his or her consent or by threat | ||||||
12 | or deception, and for other than medical purposes, any | ||||||
13 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
14 | or controlled substance, or gives to another person any | ||||||
15 | food containing any substance or object intended to cause | ||||||
16 | physical injury if eaten. | ||||||
17 | (3) Knowingly causes or attempts to cause a | ||||||
18 | correctional institution employee or Department of Human | ||||||
19 | Services employee to come into contact with blood, seminal | ||||||
20 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
21 | the fluid or material, and the person is an inmate of a | ||||||
22 | penal institution or is a sexually dangerous person or | ||||||
23 | sexually violent person in the custody of the Department of | ||||||
24 | Human Services. | ||||||
25 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
26 | battery is a Class 3 felony. |
| |||||||
| |||||||
1 | Aggravated battery as defined in subdivision (a)(4), | ||||||
2 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
3 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
4 | (g)(1) is a Class 1 felony. | ||||||
5 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
6 | Class 1 felony when the aggravated battery was intentional and | ||||||
7 | involved the infliction of torture, as defined in paragraph | ||||||
8 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
9 | infliction of or subjection to extreme physical pain, motivated | ||||||
10 | by an intent to increase or prolong the pain, suffering, or | ||||||
11 | agony of the victim. | ||||||
12 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
13 | felony if: | ||||||
14 | (A) the person used or attempted to use a dangerous
| ||||||
15 | instrument while committing the offense; or | ||||||
16 | (B) the person caused great bodily harm or
permanent | ||||||
17 | disability or disfigurement to the other
person while | ||||||
18 | committing the offense; or | ||||||
19 | (C) the person has been previously convicted of a
| ||||||
20 | violation of subdivision (a)(5) under the laws of this
| ||||||
21 | State or laws similar to subdivision (a)(5) of any other
| ||||||
22 | state. | ||||||
23 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
24 | Class X felony. | ||||||
25 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
26 | Class X felony for which a person shall be sentenced to a term |
| |||||||
| |||||||
1 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
2 | years. | ||||||
3 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
4 | Class X felony for which a person shall be sentenced to a term | ||||||
5 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
6 | years. | ||||||
7 | Aggravated battery as defined in subdivision (e)(2), | ||||||
8 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
9 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
10 | and a maximum of 60 years. | ||||||
11 | Aggravated battery as defined in subdivision (e)(6), | ||||||
12 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
13 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
14 | and a maximum of 60 years. | ||||||
15 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
16 | Class X felony, except that: | ||||||
17 | (1) if the person committed the offense while armed | ||||||
18 | with a firearm, 15 years shall be added to the term of | ||||||
19 | imprisonment imposed by the court; | ||||||
20 | (2) if, during the commission of the offense, the | ||||||
21 | person personally discharged a firearm, 20 years shall be | ||||||
22 | added to the term of imprisonment imposed by the court; | ||||||
23 | (3) if, during the commission of the offense, the | ||||||
24 | person personally discharged a firearm that proximately | ||||||
25 | caused great bodily harm, permanent disability, permanent | ||||||
26 | disfigurement, or death to another person, 25 years or up |
| |||||||
| |||||||
1 | to a term of natural life shall be added to the term of | ||||||
2 | imprisonment imposed by the court. | ||||||
3 | (i) Definitions. For the purposes of this Section: | ||||||
4 | "Building or other structure used to provide shelter" has | ||||||
5 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
6 | Violence Shelters Act. | ||||||
7 | "Domestic violence" has the meaning ascribed to it in | ||||||
8 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
9 | "Domestic violence shelter" means any building or other | ||||||
10 | structure used to provide shelter or other services to victims | ||||||
11 | or to the dependent children of victims of domestic violence | ||||||
12 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
13 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
14 | such a building or other structure in the case of a person who | ||||||
15 | is going to or from such a building or other structure. | ||||||
16 | "Firearm" has the meaning provided under Section 2-7.5 of | ||||||
17 | this Code 1.1
of the Firearm Owners Identification Card Act , | ||||||
18 | and does
not include an air rifle as defined by Section | ||||||
19 | 24.8-0.1 of this Code 1 of the Air
Rifle Act . | ||||||
20 | "Machine gun" has the meaning ascribed to it in Section | ||||||
21 | 24-1 of this Code. | ||||||
22 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
23 | of this Code. | ||||||
24 | "Strangle" means
intentionally impeding the normal | ||||||
25 | breathing or circulation of the blood of an individual by | ||||||
26 | applying pressure on the throat
or neck of that individual or |
| |||||||
| |||||||
1 | by blocking the nose or mouth of
that individual.
| ||||||
2 | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
3 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||||||
4 | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||||||
5 | and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
6 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
7 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
8 | owner identification number. | ||||||
9 | (a) Unlawful sale of household appliances. A person commits | ||||||
10 | unlawful
sale of household
appliances when he or she knowingly, | ||||||
11 | with the intent to defraud or deceive
another, keeps for sale, | ||||||
12 | within any commercial
context, any household appliance with a | ||||||
13 | missing, defaced, obliterated, or
otherwise altered | ||||||
14 | manufacturer's identification number.
| ||||||
15 | (b) Construction equipment identification defacement. A | ||||||
16 | person commits construction equipment identification | ||||||
17 | defacement when he or she knowingly changes,
alters, removes, | ||||||
18 | mutilates, or
obliterates a permanently affixed serial number, | ||||||
19 | product identification number,
part number, component | ||||||
20 | identification number, owner-applied identification,
or other | ||||||
21 | mark of identification attached to or stamped, inscribed, | ||||||
22 | molded,
or etched into a machine or other equipment, whether | ||||||
23 | stationary or mobile
or self-propelled, or a part of such | ||||||
24 | machine or equipment, used in the construction,
maintenance, or | ||||||
25 | demolition of buildings, structures, bridges, tunnels, sewers,
|
| |||||||
| |||||||
1 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
2 | dams, airports,
or waterways or in material handling for such | ||||||
3 | projects. | ||||||
4 | The trier of fact may infer that the defendant has | ||||||
5 | knowingly changed, altered, removed, or obliterated the serial | ||||||
6 | number, product identification number, part number, component | ||||||
7 | identification number, owner-applied identification number, or | ||||||
8 | other mark of identification, if the defendant was in | ||||||
9 | possession of any machine or other equipment or a part of such | ||||||
10 | machine
or equipment used in the construction, maintenance, or | ||||||
11 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
12 | utility pipes or lines, ditches or
open cuts, roads, highways, | ||||||
13 | dams, airports, or waterways or in material handling
for such | ||||||
14 | projects upon which any such serial number, product | ||||||
15 | identification
number, part number, component identification | ||||||
16 | number, owner-applied identification
number, or other mark of | ||||||
17 | identification has been changed, altered,
removed, or | ||||||
18 | obliterated. | ||||||
19 | (c) Defacement of manufacturer's serial number or | ||||||
20 | identification mark. A person commits defacement of a | ||||||
21 | manufacturer's serial number or identification mark when he or | ||||||
22 | she knowingly removes, alters, defaces, covers, or destroys the
| ||||||
23 | manufacturer's serial number or any other manufacturer's | ||||||
24 | number or
distinguishing identification mark upon any machine | ||||||
25 | or other article of
merchandise, other than a motor vehicle as | ||||||
26 | defined in Section 1-146 of the
Illinois Vehicle Code or a |
| |||||||
| |||||||
1 | firearm as defined in Section 2-7.5 of this Code the Firearm | ||||||
2 | Owners Identification Card Act , with the intent of concealing | ||||||
3 | or destroying the
identity of such machine or other article of | ||||||
4 | merchandise. | ||||||
5 | (d) Sentence. | ||||||
6 | (1) A violation of subsection (a) of this Section is a | ||||||
7 | Class 4 felony if the value
of the appliance or appliances | ||||||
8 | exceeds $1,000 and a Class B misdemeanor if
the value of | ||||||
9 | the appliance or appliances is $1,000 or less.
| ||||||
10 | (2) A violation of subsection (b) of this Section is a | ||||||
11 | Class A misdemeanor. | ||||||
12 | (3) A violation of subsection (c) of this Section is a | ||||||
13 | Class B misdemeanor. | ||||||
14 | (e) No liability shall be imposed upon any person for the | ||||||
15 | unintentional
failure to comply with subsection (a).
| ||||||
16 | (f) Definitions. In this Section: | ||||||
17 | "Commercial context" means a continuing business | ||||||
18 | enterprise conducted
for profit by any person whose primary | ||||||
19 | business is the wholesale or retail
marketing of household | ||||||
20 | appliances, or a significant portion of whose business
or | ||||||
21 | inventory consists of household appliances
kept or sold on a | ||||||
22 | wholesale or retail basis. | ||||||
23 | "Household appliance" means any gas or electric device or | ||||||
24 | machine
marketed for use as home entertainment or for | ||||||
25 | facilitating or expediting
household tasks or chores. The term | ||||||
26 | shall include but not necessarily be
limited to refrigerators, |
| |||||||
| |||||||
1 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
2 | toasters, dishwashers, and other similar household items. | ||||||
3 | "Manufacturer's identification number" means any serial | ||||||
4 | number or
other similar numerical or alphabetical designation | ||||||
5 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
6 | imprinted upon or attached to a household
appliance or item by | ||||||
7 | the manufacturer for purposes of identifying a particular
| ||||||
8 | appliance or item individually or by lot number. | ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
10 | (720 ILCS 5/24-0.1 new) | ||||||
11 | Sec. 24-0.1. Possession and carry of a firearm and firearm | ||||||
12 | ammunition; unlawful possession and carry of a firearm and | ||||||
13 | firearm ammunition; exceptions; penalty; preemption. | ||||||
14 | (a) A person may possess and carry on his or her person, | ||||||
15 | openly or concealed, any firearm and firearm ammunition, except | ||||||
16 | as otherwise provided in Section 24-1.6 of this Code or a | ||||||
17 | person who: | ||||||
18 | (1) is under 21 years of age, unless he or she is at | ||||||
19 | least 18 years of age and is a member or honorably | ||||||
20 | discharged veteran of the United States Armed Forces, | ||||||
21 | including the Reserves or the National Guard; | ||||||
22 | (2) has been convicted in any court of a crime | ||||||
23 | punishable by imprisonment for a term exceeding one year; | ||||||
24 | (3) has been convicted in any court of a misdemeanor | ||||||
25 | crime of domestic violence, including but not limited to |
| |||||||
| |||||||
1 | domestic battery or a substantially similar offense in | ||||||
2 | another jurisdiction; | ||||||
3 | (4) is under 21 years of age and he or she has been | ||||||
4 | convicted of a misdemeanor other than a traffic offense or | ||||||
5 | adjudged delinquent; | ||||||
6 | (5) is a fugitive from justice; | ||||||
7 | (6) is an unlawful user of or addicted to any | ||||||
8 | controlled substance; | ||||||
9 | (7) has been adjudicated as a mental defective or who | ||||||
10 | has been committed to a mental institution; | ||||||
11 | (8) is intellectually disabled; | ||||||
12 | (9) is an alien illegally or unlawfully in the United | ||||||
13 | States, or has been admitted to the United States under a | ||||||
14 | nonimmigrant visa as that term is defined in Section | ||||||
15 | 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. | ||||||
16 | 1101 (a) (26)) except any alien lawfully admitted to the | ||||||
17 | United States under a nonimmigrant visa, if that alien is: | ||||||
18 | (A) admitted to the United States for lawful | ||||||
19 | hunting or sporting purposes or is in possession of a | ||||||
20 | hunting license or permit lawfully issued in the United | ||||||
21 | States; | ||||||
22 | (B) an official representative of a foreign | ||||||
23 | government who is accredited to the United States | ||||||
24 | Government or the Government's mission to an | ||||||
25 | international organization having its headquarters in | ||||||
26 | the United States, or en route to or from another |
| |||||||
| |||||||
1 | country to which that alien is accredited; | ||||||
2 | (C) an official of a foreign government or a | ||||||
3 | distinguished foreign visitor who has been so | ||||||
4 | designated by the Department of State; or | ||||||
5 | (D) a foreign law enforcement officer of a friendly | ||||||
6 | foreign government entering the United States on | ||||||
7 | official law enforcement business; | ||||||
8 | (10) having been a citizen of the United States, has | ||||||
9 | renounced his or her citizenship; | ||||||
10 | (11) has been discharged from the Armed Forces, | ||||||
11 | including Reserves and the National Guard, under | ||||||
12 | dishonorable conditions; | ||||||
13 | (12) is subject to a court order that: | ||||||
14 | (A) was issued after a hearing of which the person | ||||||
15 | received actual notice, and at which the person had an | ||||||
16 | opportunity to participate; | ||||||
17 | (B) restrains the person from harassing, stalking, | ||||||
18 | or threatening an intimate partner of that person or | ||||||
19 | child of the intimate partner or person, or engaging in | ||||||
20 | other conduct that would place an intimate partner in | ||||||
21 | reasonable fear of bodily injury to the partner or | ||||||
22 | child; and | ||||||
23 | (C) includes a finding that the person represents a | ||||||
24 | credible threat to the physical safety of the intimate | ||||||
25 | partner or child; or by its terms explicitly prohibits | ||||||
26 | the use, attempted use, or threatened use of physical |
| |||||||
| |||||||
1 | force against the intimate partner or child that would | ||||||
2 | reasonably be expected to cause bodily injury. | ||||||
3 | (b) An owner or lessee of private property, private | ||||||
4 | business enterprise, business, or commercial business; or any | ||||||
5 | other private organization, entity, or person, may prohibit a | ||||||
6 | person from possessing or carrying a firearm on or within | ||||||
7 | premises under its control, if the owner or lessee | ||||||
8 | conspicuously posts at each entrance to the premises notice in | ||||||
9 | a type face easily read by persons entering the premises that | ||||||
10 | the possession and carrying of firearms is prohibited. This | ||||||
11 | prohibition does not apply to a parking area on the premises | ||||||
12 | where persons may park their motor vehicle. This prohibition | ||||||
13 | does not apply to a public way or sidewalk through the | ||||||
14 | premises. | ||||||
15 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
16 | Section prohibits a person: | ||||||
17 | (1) under 18 years of age from participating in any | ||||||
18 | lawful recreational activity with a firearm such as, but | ||||||
19 | not limited to, practice shooting at targets upon | ||||||
20 | established public or private target ranges or hunting, | ||||||
21 | trapping, or fishing in accordance with the Wildlife Code | ||||||
22 | or the Fish and Aquatic Life Code; | ||||||
23 | (2) under 21 years of age when on his or her land or in | ||||||
24 | his or her own abode, legal dwelling, or fixed place of | ||||||
25 | business, or on the land or in the legal dwelling of | ||||||
26 | another person as an invitee with that person's permission; |
| |||||||
| |||||||
1 | (3) from transporting a firearm that is broken down in | ||||||
2 | a non-functioning state, not immediately accessible; or | ||||||
3 | unloaded and enclosed in a case, firearm carrying box, | ||||||
4 | shipping box, or other container; | ||||||
5 | (4) enrolled in a public or private elementary or | ||||||
6 | secondary school, community college, college, or
| ||||||
7 | university who is carrying or possessing a firearm for use | ||||||
8 | in a training
course, parade, hunting, target shooting on a | ||||||
9 | school range, or otherwise with
the consent of school | ||||||
10 | authorities and the firearm is transported unloaded
and | ||||||
11 | enclosed in a suitable case, box, or transportation | ||||||
12 | package; or | ||||||
13 | (5) an athlete's possession, transport on official | ||||||
14 | Olympic and Paralympic transit systems established for | ||||||
15 | athletes, or use of competition firearms sanctioned by the | ||||||
16 | International Olympic Committee, the International | ||||||
17 | Paralympic Committee, the International Shooting Sport | ||||||
18 | Federation, or USA Shooting in connection with the | ||||||
19 | athlete's training for and participation in shooting | ||||||
20 | competitions at the 2016 Olympic and Paralympic Games and | ||||||
21 | sanctioned test events leading up to the 2016 Olympic and | ||||||
22 | Paralympic Games. | ||||||
23 | (d) A person commits unlawful possession or carrying of a | ||||||
24 | firearm or firearm ammunition when he or she possesses or | ||||||
25 | carries a firearm or firearm ammunition while prohibited from | ||||||
26 | carrying or possessing a firearm or firearm ammunition under |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (e) Sentence. Unlawful possession or carrying of a firearm | ||||||
3 | or firearm ammunition is a Class A misdemeanor, unless | ||||||
4 | committed in any school, regardless of the time of day or the | ||||||
5 | time of year,
in residential property owned, operated, or | ||||||
6 | managed by a public
housing
agency
or leased by a public | ||||||
7 | housing agency as part of a scattered site or
mixed-income | ||||||
8 | development,
in
a public
park, in a courthouse, on the real | ||||||
9 | property comprising any school, regardless
of the time of day | ||||||
10 | or the time of year, on residential property owned,
operated, | ||||||
11 | or managed by a public housing agency
or leased by a public | ||||||
12 | housing agency as part of a scattered site or
mixed-income | ||||||
13 | development,
on the real property
comprising any public park, | ||||||
14 | on the real property comprising any courthouse, in
any | ||||||
15 | conveyance owned, leased, or contracted by a school to | ||||||
16 | transport students
to or from school or a school related | ||||||
17 | activity, in any conveyance
owned, leased, or contracted by a | ||||||
18 | public transportation agency, or on any public way within
1,000 | ||||||
19 | feet of the real property comprising any school, public park, | ||||||
20 | courthouse,
public transportation facility, or residential | ||||||
21 | property owned, operated, or managed by a public
housing agency
| ||||||
22 | or leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development
which is a Class 3 felony. | ||||||
24 | (f) For the purposes of subsection (e): | ||||||
25 | "Public transportation agency" means a public or | ||||||
26 | private agency that provides for the transportation or |
| |||||||
| |||||||
1 | conveyance of
persons by means available to the general | ||||||
2 | public, except for transportation
by automobiles not used | ||||||
3 | for conveyance of the general public as passengers. | ||||||
4 | "Public transportation facility" means a terminal or | ||||||
5 | other place
where one may obtain public transportation. | ||||||
6 | "School" means any public or
private elementary or | ||||||
7 | secondary school, community college, college, or
| ||||||
8 | university. | ||||||
9 | (g) It is unlawful for any unit of local government, | ||||||
10 | including a home rule unit of government, to regulate the | ||||||
11 | possession or carrying of firearms and firearm ammunition. It | ||||||
12 | is declared to be the policy of this State that the regulation | ||||||
13 | of the possession or carrying of firearms and firearm | ||||||
14 | ammunition is an exclusive power and function of the State. A | ||||||
15 | home rule unit may not regulate the possession or carrying of | ||||||
16 | firearms and firearm ammunition. This Section is a denial and | ||||||
17 | limitation of home rule powers and functions under subsection | ||||||
18 | (h) of Section 6 of Article VII of the Illinois Constitution.
| ||||||
19 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
20 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
21 | (a) A person commits the offense of unlawful use of weapons | ||||||
22 | when
he knowingly:
| ||||||
23 | (1) Sells, manufactures, purchases, possesses or | ||||||
24 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
25 | sand-bag, metal knuckles or other knuckle weapon |
| |||||||
| |||||||
1 | regardless of its composition, throwing star,
or any knife, | ||||||
2 | commonly referred to as a switchblade knife, which has a
| ||||||
3 | blade that opens automatically by hand pressure applied to | ||||||
4 | a button,
spring or other device in the handle of the | ||||||
5 | knife, or a ballistic knife,
which is a device that propels | ||||||
6 | a knifelike blade as a projectile by means
of a coil | ||||||
7 | spring, elastic material or compressed gas; or
| ||||||
8 | (2) Carries or possesses with intent to use the same | ||||||
9 | unlawfully
against another, a dagger, dirk, billy, | ||||||
10 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
11 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
12 | deadly weapon or instrument of like character; or
| ||||||
13 | (3) Carries on or about his person or in any vehicle, a | ||||||
14 | tear gas gun
projector or bomb or any object containing | ||||||
15 | noxious liquid gas or
substance, other than an object | ||||||
16 | containing a non-lethal noxious liquid gas
or substance | ||||||
17 | designed solely for personal defense carried by a person 18
| ||||||
18 | years of age or older; or
| ||||||
19 | (4) Carries or possesses in any vehicle or concealed on | ||||||
20 | or about his
or her person except when on his or her land | ||||||
21 | or in his or her own abode, legal dwelling, or fixed place | ||||||
22 | of
business, or on the land or in the legal dwelling of | ||||||
23 | another person as an invitee with that person's permission, | ||||||
24 | any pistol, revolver, stun gun or taser or other firearm , | ||||||
25 | except
that
this subsection (a) (4) does not apply to or | ||||||
26 | affect transportation of a stun gun or taser weapons
that |
| |||||||
| |||||||
1 | meet one of the following conditions:
| ||||||
2 | (i) are broken down in a non-functioning state; or
| ||||||
3 | (ii) are not immediately accessible; or
| ||||||
4 | (iii) are unloaded and enclosed in a case, firearm | ||||||
5 | carrying box,
shipping box, or other container by a | ||||||
6 | person who has been issued a currently
valid Firearm | ||||||
7 | Owner's
Identification Card ; or
| ||||||
8 | (5) Sets a spring gun; or
| ||||||
9 | (6) Possesses any device or attachment of any kind | ||||||
10 | designed, used or
intended for use in silencing the report | ||||||
11 | of any firearm; or
| ||||||
12 | (7) Sells, manufactures, purchases, possesses or | ||||||
13 | carries:
| ||||||
14 | (i) a machine gun, which shall be defined for the | ||||||
15 | purposes of this
subsection as any weapon,
which | ||||||
16 | shoots, is designed to shoot, or can be readily | ||||||
17 | restored to shoot,
automatically more than one shot | ||||||
18 | without manually reloading by a single
function of the | ||||||
19 | trigger, including the frame or receiver
of any such | ||||||
20 | weapon, or sells, manufactures, purchases, possesses, | ||||||
21 | or
carries any combination of parts designed or | ||||||
22 | intended for
use in converting any weapon into a | ||||||
23 | machine gun, or any combination or
parts from which a | ||||||
24 | machine gun can be assembled if such parts are in the
| ||||||
25 | possession or under the control of a person;
| ||||||
26 | (ii) any rifle having one or
more barrels less than |
| |||||||
| |||||||
1 | 16 inches in length or a shotgun having one or more
| ||||||
2 | barrels less than 18 inches in length or any weapon | ||||||
3 | made from a rifle or
shotgun, whether by alteration, | ||||||
4 | modification, or otherwise, if such a weapon
as | ||||||
5 | modified has an overall length of less than 26 inches; | ||||||
6 | or
| ||||||
7 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
8 | other container containing an
explosive substance of | ||||||
9 | over one-quarter ounce for like purposes, such
as, but | ||||||
10 | not limited to, black powder bombs and Molotov | ||||||
11 | cocktails or
artillery projectiles; or
| ||||||
12 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
13 | or other
deadly weapon in any place which is licensed to | ||||||
14 | sell intoxicating
beverages, or at any public gathering | ||||||
15 | held pursuant to a license issued
by any governmental body | ||||||
16 | or any public gathering at which an admission
is charged ; | ||||||
17 | or , excluding a place where a showing, demonstration or | ||||||
18 | lecture
involving the exhibition of unloaded firearms is | ||||||
19 | conducted.
| ||||||
20 | This subsection (a)(8) does not apply to any auction or | ||||||
21 | raffle of a firearm
held pursuant to
a license or permit | ||||||
22 | issued by a governmental body, nor does it apply to persons
| ||||||
23 | engaged
in firearm safety training courses; or
| ||||||
24 | (9) Carries or possesses in a vehicle or on or about | ||||||
25 | his person any
pistol, revolver, stun gun or taser or | ||||||
26 | firearm or ballistic knife, when
he is hooded, robed or |
| |||||||
| |||||||
1 | masked in such manner as to conceal his identity; or
| ||||||
2 | (10) Carries or possesses on or about his or her | ||||||
3 | person, upon any public street,
alley, or other public | ||||||
4 | lands within the corporate limits of a city, village
or | ||||||
5 | incorporated town, except when an invitee thereon or | ||||||
6 | therein, for the
purpose of the display of the stun gun or | ||||||
7 | taser such weapon or the lawful commerce in stun guns or | ||||||
8 | tasers weapons , or
except when on his or her land or in his | ||||||
9 | or her own abode, legal dwelling, or fixed place of | ||||||
10 | business, or on the land or in the legal dwelling of | ||||||
11 | another person as an invitee with that person's permission, | ||||||
12 | any
pistol, revolver, stun gun or taser or other firearm , | ||||||
13 | except that this
subsection (a) (10) does not apply to or | ||||||
14 | affect transportation of a stun gun or taser weapons that
| ||||||
15 | meet one of the following conditions:
| ||||||
16 | (i) are broken down in a non-functioning state; or
| ||||||
17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been issued a currently
valid Firearm | ||||||
21 | Owner's
Identification Card .
| ||||||
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 |
| |||||||
| |||||||
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 , possesses, or purchases any | ||||||
9 | explosive bullet. For purposes
of this paragraph (a) | ||||||
10 | "explosive bullet" means the projectile portion of
an | ||||||
11 | ammunition cartridge which contains or carries an | ||||||
12 | explosive charge which
will explode upon contact with the | ||||||
13 | flesh of a human or an animal.
"Cartridge" means a tubular | ||||||
14 | metal case having a projectile affixed at the
front thereof | ||||||
15 | and a cap or primer at the rear end thereof, with the
| ||||||
16 | propellant contained in such tube between the projectile | ||||||
17 | and the cap; 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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 the 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 |
| |||||||
| |||||||
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. Crossbows, Common or Compound bows and | ||||||
21 | Underwater
Spearguns are exempted from the definition of | ||||||
22 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
23 | of this Section.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
25 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
26 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
2 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
3 | Felons or
Persons in the Custody of the
Department of | ||||||
4 | Corrections Facilities. | ||||||
5 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
6 | about his person or on his land or
in his own abode or fixed | ||||||
7 | place of business any weapon prohibited under
Section 24-1 of | ||||||
8 | this Act or any firearm or any firearm ammunition if the
person | ||||||
9 | has been convicted of a felony under the laws of this State or | ||||||
10 | any
other jurisdiction. This Section shall not apply if the | ||||||
11 | person has been
granted relief by the United States Attorney | ||||||
12 | General under Section 925 of the federal Gun Control Act of | ||||||
13 | 1968 (Title 18 U.S.C. Section 925), as amended Director of the | ||||||
14 | Department of State Police
under Section 10 of the Firearm | ||||||
15 | Owners Identification
Card Act .
| ||||||
16 | (b) It is unlawful for any person confined in a penal | ||||||
17 | institution,
which is a facility of the Illinois Department of | ||||||
18 | Corrections, to possess
any weapon prohibited under Section | ||||||
19 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
20 | regardless of the intent with which he possesses it.
| ||||||
21 | (c) It shall be an affirmative defense to a violation of | ||||||
22 | subsection (b), that such possession was specifically | ||||||
23 | authorized by rule,
regulation, or directive of the Illinois | ||||||
24 | Department of Corrections or order
issued pursuant thereto.
| ||||||
25 | (d) The defense of necessity is not available to a person |
| |||||||
| |||||||
1 | who is charged
with a violation of subsection (b) of this | ||||||
2 | Section.
| ||||||
3 | (e) Sentence. Violation of this Section by a person not | ||||||
4 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
5 | which the person shall be sentenced to no less than 2 years and | ||||||
6 | no
more than 10 years and any second or subsequent violation | ||||||
7 | shall be a Class 2 felony for which the person shall be | ||||||
8 | sentenced to a term of imprisonment of not less than 3 years | ||||||
9 | and not more than 14 years. Violation of this Section by a | ||||||
10 | person not confined in a
penal institution who has been | ||||||
11 | convicted of a forcible felony, a felony
violation of Article | ||||||
12 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
13 | Act , stalking or aggravated stalking, or a Class 2 or greater | ||||||
14 | felony
under the Illinois Controlled Substances Act, the | ||||||
15 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
16 | Community Protection Act is a
Class 2 felony for which the | ||||||
17 | person
shall be sentenced to not less than 3 years and not more | ||||||
18 | than 14 years.
Violation of this Section by a person who is on | ||||||
19 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
20 | which the person shall be sentenced to not less than 3 years | ||||||
21 | and not more than 14
years. Violation of this Section by a | ||||||
22 | person not confined in a penal
institution is a Class X felony | ||||||
23 | when the firearm possessed is a machine gun.
Any person who | ||||||
24 | violates this Section while confined in a penal
institution, | ||||||
25 | which is a facility of the Illinois Department of
Corrections, | ||||||
26 | is guilty of a Class 1
felony, if he possesses any weapon |
| |||||||
| |||||||
1 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
2 | intent with which he possesses it, a Class X
felony if he | ||||||
3 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
4 | Class X felony for which the offender shall be sentenced to not | ||||||
5 | less than 12
years and not more than 50 years when the firearm | ||||||
6 | possessed is a machine
gun. A violation of this Section while | ||||||
7 | wearing or in possession of body armor as defined in Section | ||||||
8 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
9 | of not less than 10 years and not more than 40 years.
The | ||||||
10 | possession of each firearm or firearm ammunition in violation | ||||||
11 | of this Section constitutes a single and separate violation.
| ||||||
12 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
13 | (720 ILCS 5/24-1.6) | ||||||
14 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
15 | (a) A person commits the offense of aggravated unlawful use | ||||||
16 | of a weapon when
he or she knowingly: | ||||||
17 | (1) Carries on or about his or her person or in any | ||||||
18 | vehicle or concealed
on or about his or her person except | ||||||
19 | when on his or her land or in his or her
abode, legal | ||||||
20 | dwelling, or fixed place of business, or on the land or in | ||||||
21 | the legal dwelling of another person as an invitee with | ||||||
22 | that person's permission, any pistol, revolver, stun gun or | ||||||
23 | taser or
other firearm; or | ||||||
24 | (2) Carries or possesses on or about his or her person, | ||||||
25 | upon any public
street, alley, or other public lands within |
| |||||||
| |||||||
1 | the corporate limits of a city,
village or incorporated | ||||||
2 | town, except when an invitee thereon or therein, for
the | ||||||
3 | purpose of the display of such weapon or the lawful | ||||||
4 | commerce in weapons, or
except when on his or her own land | ||||||
5 | or in his or her own abode, legal dwelling, or fixed place | ||||||
6 | of
business, or on the land or in the legal dwelling of | ||||||
7 | another person as an invitee with that person's permission, | ||||||
8 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
9 | and | ||||||
10 | (3) One of the following factors is present: | ||||||
11 | (A) the stun gun or taser firearm possessed was | ||||||
12 | uncased , loaded and immediately accessible
at the time | ||||||
13 | of the offense; or | ||||||
14 | (B) (blank) the firearm possessed was uncased, | ||||||
15 | unloaded and the ammunition for
the weapon was | ||||||
16 | immediately accessible at the time of the offense ; or | ||||||
17 | (C) (blank) the person possessing the firearm has | ||||||
18 | not been issued a currently
valid Firearm Owner's | ||||||
19 | Identification Card ; or | ||||||
20 | (D) the person possessing the weapon was | ||||||
21 | previously adjudicated
a delinquent minor under the | ||||||
22 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
23 | by an adult would be a felony; or | ||||||
24 | (E) the person possessing the weapon was engaged in | ||||||
25 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
26 | a misdemeanor violation of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances
Act, or in a misdemeanor violation of the | ||||||
2 | Methamphetamine Control and Community Protection Act; | ||||||
3 | or | ||||||
4 | (F) (blank); or | ||||||
5 | (G) the person possessing the weapon had a order of | ||||||
6 | protection issued
against him or her within the | ||||||
7 | previous 2 years; or | ||||||
8 | (H) the person possessing the weapon was engaged in | ||||||
9 | the commission or
attempted commission of
a | ||||||
10 | misdemeanor involving the use or threat of violence | ||||||
11 | against
the person or property of another; or | ||||||
12 | (I) the person possessing the weapon was under 21 | ||||||
13 | years of age and in
possession of a handgun as defined | ||||||
14 | in Section 24-3, unless the person under 21
is | ||||||
15 | authorized to possess under Section 24-0.1 of this Code | ||||||
16 | or engaged in lawful activities under the Wildlife Code | ||||||
17 | or described in
subsection 24-2(b)(1), (b)(3), or | ||||||
18 | 24-2(f). | ||||||
19 | (b) "Stun gun or taser" as used in this Section has the | ||||||
20 | same definition
given to it in Section 24-1 of this Code. | ||||||
21 | (c) This Section does not apply to or affect the | ||||||
22 | transportation or
possession
of weapons that: | ||||||
23 | (i) are broken down in a non-functioning state; or | ||||||
24 | (ii) are not immediately accessible; or | ||||||
25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
26 | carrying box,
shipping box, or other container by a |
| |||||||
| |||||||
1 | person who has been issued a currently
valid Firearm | ||||||
2 | Owner's
Identification Card . | ||||||
3 | (d) Sentence. | ||||||
4 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
5 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
6 | for which the person shall be sentenced to a term of | ||||||
7 | imprisonment of not less than 3 years and not more than 7 | ||||||
8 | years. | ||||||
9 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
10 | (4) of this subsection (d), a first offense of aggravated | ||||||
11 | unlawful use of a weapon committed with a firearm by a | ||||||
12 | person 18 years of age or older where the factors listed in | ||||||
13 | item both items (A) and (C) of paragraph (3) of subsection | ||||||
14 | (a) are present is a Class 4 felony, for which the person | ||||||
15 | shall be sentenced to a term of imprisonment of not less | ||||||
16 | than one year and not more than 3 years. | ||||||
17 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
18 | has been previously
convicted of a felony in this State or | ||||||
19 | another jurisdiction is a Class 2
felony for which the | ||||||
20 | person shall be sentenced to a term of imprisonment of not | ||||||
21 | less than 3 years and not more than 7 years. | ||||||
22 | (4) (Blank). Aggravated unlawful use of a weapon while | ||||||
23 | wearing or in possession of body armor as defined in | ||||||
24 | Section 33F-1 by a person who has not been issued a valid | ||||||
25 | Firearms Owner's Identification Card in accordance with | ||||||
26 | Section 5 of the Firearm Owners Identification Card Act is |
| |||||||
| |||||||
1 | a Class X felony.
| ||||||
2 | (e) The possession of each firearm in violation of this | ||||||
3 | Section constitutes a single and separate violation. | ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
5 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.) | ||||||
6 | (720 ILCS 5/24-1.8) | ||||||
7 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
8 | gang member. | ||||||
9 | (a) A person
commits unlawful possession of a firearm by a | ||||||
10 | street gang member when he or she knowingly: | ||||||
11 | (1) possesses, carries, or conceals on or about his or | ||||||
12 | her person a firearm and firearm ammunition while on any | ||||||
13 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
14 | except when inside his or her own abode or inside his or | ||||||
15 | her fixed place of business , and has not been issued a | ||||||
16 | currently valid Firearm Owner's Identification Card and is | ||||||
17 | a member of a street gang; or | ||||||
18 | (2) possesses or carries in any vehicle a firearm and | ||||||
19 | firearm ammunition which are both immediately accessible | ||||||
20 | at the time of the offense while on any street, road, | ||||||
21 | alley, or any other lands, except when inside his or her | ||||||
22 | own abode or garage , and has not been issued a currently | ||||||
23 | valid Firearm Owner's Identification Card and is a member | ||||||
24 | of a street gang. | ||||||
25 | (b) Unlawful possession of a firearm by a street gang |
| |||||||
| |||||||
1 | member is a Class 2 felony for which the person, if sentenced | ||||||
2 | to a term of imprisonment, shall be sentenced to no less than 3 | ||||||
3 | years and no more than 10 years. A period of probation, a term | ||||||
4 | of periodic imprisonment or conditional discharge shall not be | ||||||
5 | imposed for the offense of unlawful possession of a firearm by | ||||||
6 | a street gang member when the firearm was loaded or contained | ||||||
7 | firearm ammunition and the court shall sentence the offender to | ||||||
8 | not less than the minimum term of imprisonment authorized for | ||||||
9 | the Class 2 felony. | ||||||
10 | (c) For purposes of this Section: | ||||||
11 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
12 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
13 | Prevention Act. | ||||||
14 | "Street gang member" or "gang member" has the meaning | ||||||
15 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
16 | Terrorism Omnibus Prevention Act.
| ||||||
17 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
18 | (720 ILCS 5/24-2)
| ||||||
19 | Sec. 24-2. Exemptions.
| ||||||
20 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
21 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
22 | the following:
| ||||||
23 | (1) Peace officers, and any person summoned by a peace | ||||||
24 | officer to
assist in making arrests or preserving the | ||||||
25 | peace, while actually engaged in
assisting such officer.
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
2 | penitentiaries, jails and other institutions for the | ||||||
3 | detention of persons
accused or convicted of an offense, | ||||||
4 | while in the performance of their
official duty, or while | ||||||
5 | commuting between their homes and places of employment.
| ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard or the | ||||||
8 | Reserve Officers Training Corps,
while in the performance | ||||||
9 | of their official duty.
| ||||||
10 | (4) Special agents employed by a railroad or a public | ||||||
11 | utility to
perform police functions, and guards of armored | ||||||
12 | car companies, while
actually engaged in the performance of | ||||||
13 | the duties of their employment or
commuting between their | ||||||
14 | homes and places of employment; and watchmen
while actually | ||||||
15 | engaged in the performance of the duties of their | ||||||
16 | employment.
| ||||||
17 | (5) Persons licensed as private security contractors, | ||||||
18 | private
detectives, or private alarm contractors, or | ||||||
19 | employed by an agency
certified by the Department of | ||||||
20 | Financial and Professional Regulation, if their duties
| ||||||
21 | include the carrying of a weapon under the provisions of | ||||||
22 | the Private
Detective, Private Alarm,
Private Security, | ||||||
23 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
24 | actually
engaged in the performance of the duties of their | ||||||
25 | employment or commuting
between their homes and places of | ||||||
26 | employment, provided that such commuting
is accomplished |
| |||||||
| |||||||
1 | within one hour from departure from home or place of
| ||||||
2 | employment, as the case may be. A person shall be | ||||||
3 | considered eligible for this
exemption if he or she has | ||||||
4 | completed the required 20
hours of training for a private | ||||||
5 | security contractor, private
detective, or private alarm | ||||||
6 | contractor, or employee of a licensed agency and 20 hours | ||||||
7 | of required firearm
training, and has been issued a firearm | ||||||
8 | control card by
the Department of Financial and | ||||||
9 | Professional Regulation. Conditions for the renewal of
| ||||||
10 | firearm control cards issued under the provisions of this | ||||||
11 | Section
shall be the same as for those cards issued under | ||||||
12 | the provisions of the
Private Detective, Private Alarm,
| ||||||
13 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
14 | 2004. The
firearm control card shall be carried by the | ||||||
15 | private security contractor, private
detective, or private | ||||||
16 | alarm contractor, or employee of the licensed agency at all
| ||||||
17 | times when he or she is in possession of a concealable | ||||||
18 | weapon.
| ||||||
19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the protection | ||||||
21 | of persons employed
and private property related to such | ||||||
22 | commercial or industrial
operation, while actually engaged | ||||||
23 | in the performance of his or her
duty or traveling between | ||||||
24 | sites or properties belonging to the
employer, and who, as | ||||||
25 | a security guard, is a member of a security force of
at | ||||||
26 | least 5 persons registered with the Department of Financial |
| |||||||
| |||||||
1 | and Professional
Regulation; provided that such security | ||||||
2 | guard has successfully completed a
course of study, | ||||||
3 | approved by and supervised by the Department of
Financial | ||||||
4 | and Professional Regulation, consisting of not less than 40 | ||||||
5 | hours of training
that includes the theory of law | ||||||
6 | enforcement, liability for acts, and the
handling of | ||||||
7 | weapons. A person shall be considered eligible for this
| ||||||
8 | exemption if he or she has completed the required 20
hours | ||||||
9 | of training for a security officer and 20 hours of required | ||||||
10 | firearm
training, and has been issued a firearm control | ||||||
11 | card by
the Department of Financial and Professional | ||||||
12 | Regulation. Conditions for the renewal of
firearm control | ||||||
13 | cards issued under the provisions of this Section
shall be | ||||||
14 | the same as for those cards issued under the provisions of | ||||||
15 | the
Private Detective, Private Alarm,
Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
17 | control card shall be carried by the security guard at all
| ||||||
18 | times when he or she is in possession of a concealable | ||||||
19 | weapon.
| ||||||
20 | (7) Agents and investigators of the Illinois | ||||||
21 | Legislative Investigating
Commission authorized by the | ||||||
22 | Commission to carry the weapons specified in
subsections | ||||||
23 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
24 | any investigation for the Commission.
| ||||||
25 | (8) Persons employed by a financial institution for the | ||||||
26 | protection of
other employees and property related to such |
| |||||||
| |||||||
1 | financial institution, while
actually engaged in the | ||||||
2 | performance of their duties, commuting between
their homes | ||||||
3 | and places of employment, or traveling between sites or
| ||||||
4 | properties owned or operated by such financial | ||||||
5 | institution, provided that
any person so employed has | ||||||
6 | successfully completed a course of study,
approved by and | ||||||
7 | supervised by the Department of Financial and Professional | ||||||
8 | Regulation,
consisting of not less than 40 hours of | ||||||
9 | training which includes theory of
law enforcement, | ||||||
10 | liability for acts, and the handling of weapons.
A person | ||||||
11 | shall be considered to be eligible for this exemption if he | ||||||
12 | or
she has completed the required 20 hours of training for | ||||||
13 | a security officer
and 20 hours of required firearm | ||||||
14 | training, and has been issued a
firearm control card by the | ||||||
15 | Department of Financial and Professional Regulation.
| ||||||
16 | Conditions for renewal of firearm control cards issued | ||||||
17 | under the
provisions of this Section shall be the same as | ||||||
18 | for those issued under the
provisions of the Private | ||||||
19 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
20 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
21 | card shall be carried by the person so
trained at all times | ||||||
22 | when such person is in possession of a concealable
weapon. | ||||||
23 | For purposes of this subsection, "financial institution" | ||||||
24 | means a
bank, savings and loan association, credit union or | ||||||
25 | company providing
armored car services.
| ||||||
26 | (9) Any person employed by an armored car company to |
| |||||||
| |||||||
1 | drive an armored
car, while actually engaged in the | ||||||
2 | performance of his duties.
| ||||||
3 | (10) Persons who have been classified as peace officers | ||||||
4 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
5 | (11) Investigators of the Office of the State's | ||||||
6 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
7 | governors of the Office of the
State's Attorneys Appellate | ||||||
8 | Prosecutor to carry weapons under pursuant to
Section 7.06 | ||||||
9 | of the State's Attorneys Appellate Prosecutor's Act.
| ||||||
10 | (12) Special investigators appointed by a State's | ||||||
11 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
12 | (12.5) Probation officers while in the performance of | ||||||
13 | their duties, or
while commuting between their homes, | ||||||
14 | places of employment or specific locations
that are part of | ||||||
15 | their assigned duties, with the consent of the chief judge | ||||||
16 | of
the circuit for which they are employed.
| ||||||
17 | (13) Court Security Officers while in the performance | ||||||
18 | of their official
duties, or while commuting between their | ||||||
19 | homes and places of employment, with
the
consent of the | ||||||
20 | Sheriff.
| ||||||
21 | (13.5) A person employed as an armed security guard at | ||||||
22 | a nuclear energy,
storage, weapons or development site or | ||||||
23 | facility regulated by the Nuclear
Regulatory Commission | ||||||
24 | who has completed the background screening and training
| ||||||
25 | mandated by the rules and regulations of the Nuclear | ||||||
26 | Regulatory Commission.
|
| |||||||
| |||||||
1 | (14) Manufacture, transportation, or sale of weapons | ||||||
2 | to
persons
authorized under subdivisions (1) through | ||||||
3 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
4 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
5 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
6 | (1) (Blank). Members of any club or organization | ||||||
7 | organized for the purpose of
practicing shooting at targets | ||||||
8 | upon established target ranges, whether
public or private, | ||||||
9 | and patrons of such ranges, while such members
or patrons | ||||||
10 | are using their firearms on those target ranges.
| ||||||
11 | (2) (Blank). Duly authorized military or civil | ||||||
12 | organizations while parading,
with the special permission | ||||||
13 | of the Governor.
| ||||||
14 | (3) (Blank). Hunters, trappers or fishermen with a | ||||||
15 | license or
permit while engaged in hunting,
trapping or | ||||||
16 | fishing.
| ||||||
17 | (4) Transportation of weapons that are broken down in a
| ||||||
18 | non-functioning state or are not immediately accessible.
| ||||||
19 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
20 | gun or taser or other firearm on the land or in the legal | ||||||
21 | dwelling of another person as an invitee with that person's | ||||||
22 | permission. | ||||||
23 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
24 | of the
following:
| ||||||
25 | (1) Peace officers while in performance of their | ||||||
26 | official duties.
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons, | ||||||
2 | penitentiaries,
jails and other institutions for the | ||||||
3 | detention of persons accused or
convicted of an offense.
| ||||||
4 | (3) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States
or the Illinois National Guard, while in | ||||||
6 | the performance of their official
duty.
| ||||||
7 | (4) Manufacture, transportation, or sale of machine | ||||||
8 | guns to persons
authorized under subdivisions (1) through | ||||||
9 | (3) of this subsection to
possess machine guns, if the | ||||||
10 | machine guns are broken down in a
non-functioning state or | ||||||
11 | are not immediately accessible.
| ||||||
12 | (5) Persons licensed under federal law to manufacture | ||||||
13 | any weapon from
which 8 or more shots or bullets can be | ||||||
14 | discharged by a
single function of the firing device, or | ||||||
15 | ammunition for such weapons, and
actually engaged in the | ||||||
16 | business of manufacturing such weapons or
ammunition, but | ||||||
17 | only with respect to activities which are within the lawful
| ||||||
18 | scope of such business, such as the manufacture, | ||||||
19 | transportation, or testing
of such weapons or ammunition. | ||||||
20 | This exemption does not authorize the
general private | ||||||
21 | possession of any weapon from which 8 or more
shots or | ||||||
22 | bullets can be discharged by a single function of the | ||||||
23 | firing
device, but only such possession and activities as | ||||||
24 | are within the lawful
scope of a licensed manufacturing | ||||||
25 | business described in this paragraph.
| ||||||
26 | During transportation, such weapons shall be broken |
| |||||||
| |||||||
1 | down in a
non-functioning state or not immediately | ||||||
2 | accessible.
| ||||||
3 | (6) The manufacture, transport, testing, delivery, | ||||||
4 | transfer or sale,
and all lawful commercial or experimental | ||||||
5 | activities necessary thereto, of
rifles, shotguns, and | ||||||
6 | weapons made from rifles or shotguns,
or ammunition for | ||||||
7 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
8 | person operating as a contractor or subcontractor pursuant | ||||||
9 | to a
contract or subcontract for the development and supply | ||||||
10 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
11 | United States government or any
branch of the Armed Forces | ||||||
12 | of the United States, when such activities are
necessary | ||||||
13 | and incident to fulfilling the terms of this such contract.
| ||||||
14 | The exemption granted under this subdivision (c)(6)
| ||||||
15 | shall also apply to any authorized agent of the any such | ||||||
16 | contractor or
subcontractor who is operating within the | ||||||
17 | scope of his or her employment, where
the such activities | ||||||
18 | involving the such weapon, weapons or ammunition are | ||||||
19 | necessary
and incident to fulfilling the terms of the such | ||||||
20 | contract.
| ||||||
21 | During transportation, any such weapon shall be broken | ||||||
22 | down in a
non-functioning state, or not immediately | ||||||
23 | accessible.
| ||||||
24 | (7) A person possessing a rifle with a barrel or | ||||||
25 | barrels less than 16 inches in length if: (A) the person | ||||||
26 | has been issued a Curios and Relics license from the U.S. |
| |||||||
| |||||||
1 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
2 | the person is an active member of a bona fide, nationally | ||||||
3 | recognized military re-enacting group and the modification | ||||||
4 | is required and necessary to accurately portray the weapon | ||||||
5 | for historical re-enactment purposes; the re-enactor is in | ||||||
6 | possession of a valid and current re-enacting group | ||||||
7 | membership credential; and the overall length of the weapon | ||||||
8 | as modified is not less than 26 inches. | ||||||
9 | During transportation, the weapon any such weapon | ||||||
10 | shall be broken down in a
non-functioning state, or not | ||||||
11 | immediately accessible.
| ||||||
12 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
13 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
14 | officer.
| ||||||
15 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
16 | manager or
authorized employee of any place specified in that | ||||||
17 | subsection nor to any
law enforcement officer.
| ||||||
18 | (f) (Blank). Subsection 24-1(a)(4) and subsection | ||||||
19 | 24-1(a)(10) and Section 24-1.6
do not apply
to members of any | ||||||
20 | club or organization organized for the purpose of practicing
| ||||||
21 | shooting at targets upon established target ranges, whether | ||||||
22 | public or private,
while using their firearms on those target | ||||||
23 | ranges.
| ||||||
24 | (g) Subsection Subsections 24-1(a)(11) does and | ||||||
25 | 24-3.1(a)(6) do not apply to:
| ||||||
26 | (1) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United
States or the Illinois National Guard, while in | ||||||
2 | the performance of their
official duty.
| ||||||
3 | (2) Bonafide collectors of antique or surplus military | ||||||
4 | ordinance.
| ||||||
5 | (3) Laboratories having a department of forensic | ||||||
6 | ballistics, or
specializing in the development of | ||||||
7 | ammunition or explosive ordinance.
| ||||||
8 | (4) Commerce, preparation, assembly or possession of | ||||||
9 | explosive
bullets by manufacturers of ammunition licensed | ||||||
10 | by the federal government,
in connection with the supply of | ||||||
11 | those organizations and persons exempted
by subdivision | ||||||
12 | (g)(1) of this Section, or like organizations and persons
| ||||||
13 | outside this State, or the transportation of explosive | ||||||
14 | bullets to any
organization or person exempted in this | ||||||
15 | Section by a common carrier or by a
vehicle owned or leased | ||||||
16 | by an exempted manufacturer.
| ||||||
17 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
18 | persons licensed
under federal law to manufacture any device or | ||||||
19 | attachment of any kind designed,
used, or intended for use in | ||||||
20 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
21 | for those firearms equipped with those devices, and actually | ||||||
22 | engaged in the
business of manufacturing those devices, | ||||||
23 | firearms, or ammunition, but only with
respect to
activities | ||||||
24 | that are within the lawful scope of that business, such as the
| ||||||
25 | manufacture, transportation, or testing of those devices, | ||||||
26 | firearms, or
ammunition. This
exemption does not authorize the |
| |||||||
| |||||||
1 | general private possession of any device or
attachment of any | ||||||
2 | kind designed, used, or intended for use in silencing the
| ||||||
3 | report of any firearm, but only such possession and activities | ||||||
4 | as are within
the
lawful scope of a licensed manufacturing | ||||||
5 | business described in this subsection
(g-5). During | ||||||
6 | transportation, these devices shall be detached from any weapon
| ||||||
7 | or
not immediately accessible.
| ||||||
8 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
9 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
10 | supervisor who meets the qualifications and conditions | ||||||
11 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
12 | Corrections. | ||||||
13 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
14 | officer while serving as a member of a tactical response team | ||||||
15 | or special operations team. A peace officer may not personally | ||||||
16 | own or apply for ownership of a device or attachment of any | ||||||
17 | kind designed, used, or intended for use in silencing the | ||||||
18 | report of any firearm. These devices shall be owned and | ||||||
19 | maintained by lawfully recognized units of government whose | ||||||
20 | duties include the investigation of criminal acts. | ||||||
21 | (g-10) Subsection Subsections 24-1(a)(4), 24-1(a)(8) , and | ||||||
22 | 24-1(a)(10), and Section Sections 24-1.6 and 24-3.1 do not | ||||||
23 | apply to an athlete's possession, transport on official Olympic | ||||||
24 | and Paralympic transit systems established for athletes, or use | ||||||
25 | of competition firearms sanctioned by the International | ||||||
26 | Olympic Committee, the International Paralympic Committee, the |
| |||||||
| |||||||
1 | International Shooting Sport Federation, or USA Shooting in | ||||||
2 | connection with such athlete's training for and participation | ||||||
3 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
4 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
5 | and Paralympic Games. | ||||||
6 | (h) An information or indictment based upon a violation of | ||||||
7 | any
subsection of this Article need not negative any exemptions | ||||||
8 | contained in
this Article. The defendant shall have the burden | ||||||
9 | of proving this such an
exemption.
| ||||||
10 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
11 | affect
the transportation, carrying, or possession, of any | ||||||
12 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
13 | to a common carrier operating
under license of the State of | ||||||
14 | Illinois or the federal government, where
the such | ||||||
15 | transportation, carrying, or possession is incident to the | ||||||
16 | lawful
transportation in which this such common carrier is | ||||||
17 | engaged; and nothing in this
Article shall prohibit, apply to, | ||||||
18 | or affect the transportation, carrying,
or possession of any | ||||||
19 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
20 | subject of and regulated by subsection 24-1(a)(7) or subsection
| ||||||
21 | 24-2(c) of this Article, which is unloaded and enclosed in a | ||||||
22 | case, firearm
carrying box, shipping box, or other container , | ||||||
23 | by the possessor of a valid
Firearm Owners Identification Card .
| ||||||
24 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
25 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
26 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; |
| |||||||
| |||||||
1 | revised 8-23-12.)
| ||||||
2 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
3 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
4 | (A) A person commits the offense of unlawful sale or | ||||||
5 | delivery of firearms when he
or she knowingly does any of the | ||||||
6 | following:
| ||||||
7 | (a) Sells or gives any firearm of a size which may be | ||||||
8 | concealed upon the
person to any person under 18 years of | ||||||
9 | age.
| ||||||
10 | (b) Sells or gives any firearm to a person under 21 | ||||||
11 | years of age who has
been convicted of a misdemeanor other | ||||||
12 | than a traffic offense or adjudged
delinquent.
| ||||||
13 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
14 | (d) Sells or gives any firearm to any person who has | ||||||
15 | been convicted of a
felony under the laws of this or any | ||||||
16 | other jurisdiction.
| ||||||
17 | (e) Sells or gives any firearm to any person who has | ||||||
18 | been a patient in a
mental hospital within the past 5 | ||||||
19 | years.
| ||||||
20 | (f) Sells or gives any firearms to any person who is | ||||||
21 | intellectually disabled.
| ||||||
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
|
| |||||||
| |||||||
1 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
2 | gun or taser, incidental to a sale,
without withholding | ||||||
3 | delivery of such rifle, shotgun or other long gun, or a | ||||||
4 | stun gun or taser for
at least 24 hours after application | ||||||
5 | for its purchase has been made.
However,
this paragraph (g) | ||||||
6 | does not apply to: (1) the sale of a firearm
to a law | ||||||
7 | enforcement officer if the seller of the firearm knows that | ||||||
8 | the person to whom he or she is selling the firearm is a | ||||||
9 | law enforcement officer or the sale of a firearm to a | ||||||
10 | person who desires to purchase a firearm for
use in | ||||||
11 | promoting the public interest incident to his or her | ||||||
12 | employment as a
bank guard, armed truck guard, or other | ||||||
13 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
14 | nonresident of Illinois under which the firearm
is mailed | ||||||
15 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
16 | of a firearm to a nonresident of Illinois while at a | ||||||
17 | firearm showing or display
recognized by the Illinois | ||||||
18 | Department of State Police; or (4) the sale of a
firearm to | ||||||
19 | a dealer licensed as a federal firearms dealer under | ||||||
20 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
21 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
22 | "application" means when the buyer and seller reach an | ||||||
23 | agreement to purchase a firearm.
| ||||||
24 | (h) While holding any license
as a dealer,
importer, | ||||||
25 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
26 | Act of 1968,
manufactures, sells or delivers to any |
| |||||||
| |||||||
1 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
2 | or receiver which is a die casting of zinc alloy or
any | ||||||
3 | other nonhomogeneous metal which will melt or deform at a | ||||||
4 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
5 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
6 | Section 2-7.5 of this Code the Firearm Owners | ||||||
7 | Identification Card Act ; and (2)
"handgun" is defined as a | ||||||
8 | firearm designed to be held
and fired by the use of a | ||||||
9 | single hand, and includes a combination of parts from
which | ||||||
10 | such a firearm can be assembled.
| ||||||
11 | (i) (Blank). Sells or gives a firearm of any size to | ||||||
12 | any person under 18 years of
age who does not possess a | ||||||
13 | valid Firearm Owner's Identification Card.
| ||||||
14 | (j) Sells or gives a firearm while engaged in the | ||||||
15 | business of selling
firearms at wholesale or retail without | ||||||
16 | being licensed as a federal firearms
dealer under Section | ||||||
17 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
18 | In this paragraph (j):
| ||||||
19 | A person "engaged in the business" means a person who | ||||||
20 | devotes time,
attention, and
labor to
engaging in the | ||||||
21 | activity as a regular course of trade or business with the
| ||||||
22 | principal objective of livelihood and profit, but does not | ||||||
23 | include a person who
makes occasional repairs of firearms | ||||||
24 | or who occasionally fits special barrels,
stocks, or | ||||||
25 | trigger mechanisms to firearms.
| ||||||
26 | "With the principal objective of livelihood and |
| |||||||
| |||||||
1 | profit" means that the
intent
underlying the sale or | ||||||
2 | disposition of firearms is predominantly one of
obtaining | ||||||
3 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
4 | such as
improving or liquidating a personal firearms | ||||||
5 | collection; however, proof of
profit shall not be required | ||||||
6 | as to a person who engages in the regular and
repetitive | ||||||
7 | purchase and disposition of firearms for criminal purposes | ||||||
8 | or
terrorism.
| ||||||
9 | (k) (Blank). Sells or transfers ownership of a firearm | ||||||
10 | to a person who does not display to the seller or | ||||||
11 | transferor of the firearm a currently valid Firearm Owner's | ||||||
12 | Identification Card that has previously been issued in the | ||||||
13 | transferee's name by the Department of State Police under | ||||||
14 | the provisions of the Firearm Owners Identification Card | ||||||
15 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
16 | firearm to a person who is exempt from the requirement of | ||||||
17 | possessing a Firearm Owner's Identification Card under | ||||||
18 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
19 | For the purposes of this Section, a currently valid Firearm | ||||||
20 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
21 | Identification Card that has not expired or (ii) if the | ||||||
22 | transferor is licensed as a federal firearms dealer under | ||||||
23 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
24 | U.S.C. 923), an approval number issued in accordance with | ||||||
25 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
26 | shall be proof that the Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | was valid. | ||||||
2 | (l) Not
being entitled to the possession of a firearm, | ||||||
3 | delivers the
firearm, knowing it to have been stolen or | ||||||
4 | converted. It may be inferred that
a person who possesses a | ||||||
5 | firearm with knowledge that its serial number has
been | ||||||
6 | removed or altered has knowledge that the firearm is stolen | ||||||
7 | or converted. | ||||||
8 | (B) Paragraph (h) of subsection (A) does not include | ||||||
9 | firearms sold within 6
months after enactment of Public
Act | ||||||
10 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
11 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
12 | purchased by any citizen within 6 months after the
enactment of | ||||||
13 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
14 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
15 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
16 | if that firearm was legally held or acquired within 6 months | ||||||
17 | after
the enactment of that Public Act.
| ||||||
18 | (C) Sentence.
| ||||||
19 | (1) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
21 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
22 | (2) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (b) or (i) of | ||||||
24 | subsection (A) commits a Class 3 felony.
| ||||||
25 | (3) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (a) of subsection (A) |
| |||||||
| |||||||
1 | commits a Class 2 felony.
| ||||||
2 | (4) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a) or , (b) , or (i) | ||||||
4 | of subsection (A) in any school, on the real
property | ||||||
5 | comprising a school, within 1,000 feet of the real property | ||||||
6 | comprising
a school, at a school related activity, or on or | ||||||
7 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
8 | contracted by a school or school district to
transport | ||||||
9 | students to or from school or a school related activity,
| ||||||
10 | regardless of the time of day or time of year at which the | ||||||
11 | offense
was committed, commits a Class 1 felony. Any person | ||||||
12 | convicted of a second
or subsequent violation of unlawful | ||||||
13 | sale or delivery of firearms in violation of paragraph
(a) | ||||||
14 | or , (b) , or (i) of subsection (A) in any school, on the | ||||||
15 | real property
comprising a school, within 1,000 feet of the | ||||||
16 | real property comprising a
school, at a school related | ||||||
17 | activity, or on or within 1,000 feet of any
conveyance | ||||||
18 | owned, leased, or contracted by a school or school district | ||||||
19 | to
transport students to or from school or a school related | ||||||
20 | activity,
regardless of the time of day or time of year at | ||||||
21 | which the offense
was committed, commits a Class 1 felony | ||||||
22 | for which the sentence shall be a
term of imprisonment of | ||||||
23 | no less than 5 years and no more than 15 years.
| ||||||
24 | (5) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (a) or (i) of | ||||||
26 | subsection (A) in residential property owned,
operated, or |
| |||||||
| |||||||
1 | managed by a public housing agency or leased by a public | ||||||
2 | housing
agency as part of a scattered site or mixed-income | ||||||
3 | development, in a public
park, in a
courthouse, on | ||||||
4 | residential property owned, operated, or managed by a | ||||||
5 | public
housing agency or leased by a public housing agency | ||||||
6 | as part of a scattered site
or mixed-income development, on | ||||||
7 | the real property comprising any public park,
on the real
| ||||||
8 | property comprising any courthouse, or on any public way | ||||||
9 | within 1,000 feet
of the real property comprising any | ||||||
10 | public park, courthouse, or residential
property owned, | ||||||
11 | operated, or managed by a public housing agency or leased | ||||||
12 | by a
public housing agency as part of a scattered site or | ||||||
13 | mixed-income development
commits a
Class 2 felony.
| ||||||
14 | (6) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
16 | commits a Class A misdemeanor. A second or
subsequent | ||||||
17 | violation is a Class 4 felony. | ||||||
18 | (7) (Blank). Any person convicted of unlawful sale or | ||||||
19 | delivery of firearms in violation of paragraph (k) of | ||||||
20 | subsection (A) commits a Class 4 felony. A third or | ||||||
21 | subsequent conviction for a violation of paragraph (k) of | ||||||
22 | subsection (A) is a Class 1 felony.
| ||||||
23 | (8) A person 18 years of age or older convicted of | ||||||
24 | unlawful sale or delivery of firearms in violation of | ||||||
25 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
26 | that was sold or given to another person under 18 years of |
| |||||||
| |||||||
1 | age was used in the commission of or attempt to commit a | ||||||
2 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
3 | to exceed the maximum provided for the most serious | ||||||
4 | forcible felony so committed or attempted by the person | ||||||
5 | under 18 years of age who was sold or given the firearm. | ||||||
6 | (9) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
8 | commits a Class 3 felony. | ||||||
9 | (10) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
11 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
12 | Any person convicted of unlawful sale or delivery of | ||||||
13 | firearms in violation of paragraph (l) of subsection (A) | ||||||
14 | commits a Class 1 felony if the delivery is of not less | ||||||
15 | than 2 and not more than 5 firearms at the
same time or | ||||||
16 | within a one year period. Any person convicted of unlawful | ||||||
17 | sale or delivery of firearms in violation of paragraph (l) | ||||||
18 | of subsection (A) commits a Class X felony for which he or | ||||||
19 | she shall be sentenced
to a term of imprisonment of not | ||||||
20 | less than 6 years and not more than 30
years if the | ||||||
21 | delivery is of not less than 6 and not more than 10 | ||||||
22 | firearms at the
same time or within a 2 year period. Any | ||||||
23 | person convicted of unlawful sale or delivery of firearms | ||||||
24 | in violation of paragraph (l) of subsection (A) commits a | ||||||
25 | Class X felony for which he or she shall be sentenced
to a | ||||||
26 | term of imprisonment of not less than 6 years and not more |
| |||||||
| |||||||
1 | than 40
years if the delivery is of not less than 11 and | ||||||
2 | not more than 20 firearms at the
same time or within a 3 | ||||||
3 | year period. Any person convicted of unlawful sale or | ||||||
4 | delivery of firearms in violation of paragraph (l) of | ||||||
5 | subsection (A) commits a Class X felony for which he or she | ||||||
6 | shall be sentenced
to a term of imprisonment of not less | ||||||
7 | than 6 years and not more than 50
years if the delivery is | ||||||
8 | of not less than 21 and not more than 30 firearms at the
| ||||||
9 | same time or within a 4 year period. Any person convicted | ||||||
10 | of unlawful sale or delivery of firearms in violation of | ||||||
11 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
12 | for which he or she shall be sentenced
to a term of | ||||||
13 | imprisonment of not less than 6 years and not more than 60
| ||||||
14 | years if the delivery is of 31 or more firearms at the
same | ||||||
15 | time or within a 5 year period. | ||||||
16 | (D) For purposes of this Section:
| ||||||
17 | "School" means a public or private elementary or secondary | ||||||
18 | school,
community college, college, or university.
| ||||||
19 | "School related activity" means any sporting, social, | ||||||
20 | academic, or
other activity for which students' attendance or | ||||||
21 | participation is sponsored,
organized, or funded in whole or in | ||||||
22 | part by a school or school district.
| ||||||
23 | (E) A prosecution for a violation of paragraph (k) of | ||||||
24 | subsection (A) of this Section may be commenced within 6 years | ||||||
25 | after the commission of the offense. A prosecution for a | ||||||
26 | violation of this Section other than paragraph (g) of |
| |||||||
| |||||||
1 | subsection (A) of this Section may be commenced within 5 years | ||||||
2 | after the commission of the offense defined in the particular | ||||||
3 | paragraph.
| ||||||
4 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
5 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
6 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
| ||||||
7 | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
| ||||||
8 | (a) A person
commits the offense of unlawful discharge of | ||||||
9 | firearm projectiles when he
or she knowingly
or recklessly uses | ||||||
10 | an armor piercing bullet, dragon's
breath shotgun shell, bolo | ||||||
11 | shell, or flechette
shell
in violation of
this Section.
| ||||||
12 | For purposes of this Section:
| ||||||
13 | "Armor piercing bullet" means
any handgun bullet or handgun | ||||||
14 | ammunition with projectiles or projectile cores
constructed | ||||||
15 | entirely (excluding the presence of traces of other substances)
| ||||||
16 | from tungsten alloys, steel, iron, brass, bronze, beryllium | ||||||
17 | copper
or depleted uranium, or fully jacketed bullets larger | ||||||
18 | than 22 caliber whose
jacket
has a weight of more than 25% of | ||||||
19 | the total weight of the projectile, and
excluding those handgun
| ||||||
20 | projectiles whose cores are composed of soft materials such as | ||||||
21 | lead or lead
alloys, zinc or zinc alloys, frangible projectiles | ||||||
22 | designed primarily for
sporting purposes, and any
other | ||||||
23 | projectiles or projectile cores that the U. S. Secretary of the | ||||||
24 | Treasury
finds to be primarily intended to be used for sporting | ||||||
25 | purposes or industrial
purposes or that otherwise does not |
| |||||||
| |||||||
1 | constitute "armor piercing ammunition" as
that term is defined | ||||||
2 | by federal law.
| ||||||
3 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
4 | that contains
exothermic pyrophoric mesh metal as the | ||||||
5 | projectile and is designed for the
purpose of throwing or | ||||||
6 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
7 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
8 | and expels as
projectiles 2 or more metal balls connected by | ||||||
9 | solid metal wire.
| ||||||
10 | "Flechette shell" means any shell that can be fired in a | ||||||
11 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
12 | metal wire or 2 or more solid
dart-type
projectiles.
| ||||||
13 | (b) A person commits a Class X felony when he or she, | ||||||
14 | knowing that a
firearm,
as defined in Section 2-7.5 of this | ||||||
15 | Code
1.1 of the Firearm Owners Identification Card
Act , is | ||||||
16 | loaded with an armor
piercing bullet, dragon's breath shotgun | ||||||
17 | shell, bolo
shell, or flechette
shell,
intentionally or | ||||||
18 | recklessly discharges such firearm and such bullet or
shell | ||||||
19 | strikes
any other person.
| ||||||
20 | (c) Any person who possesses, concealed on or about his or | ||||||
21 | her person,
an armor
piercing bullet, dragon's breath shotgun | ||||||
22 | shell, bolo
shell, or flechette
shell
and a firearm suitable | ||||||
23 | for the discharge thereof is guilty
of a Class 2 felony.
| ||||||
24 | (d) This Section does not apply to or affect any of the | ||||||
25 | following:
| ||||||
26 | (1) Peace officers;
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons, | ||||||
2 | penitentiaries, jails
and other institutions for the | ||||||
3 | detention of persons accused or convicted of an
offense;
| ||||||
4 | (3) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States
or the Illinois National Guard while in | ||||||
6 | the performance of their official
duties;
| ||||||
7 | (4) Federal officials required to carry firearms, | ||||||
8 | while engaged in the
performance of their official duties;
| ||||||
9 | (5) United States Marshals, while engaged in the | ||||||
10 | performance of their
official duties.
| ||||||
11 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
12 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
13 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
14 | (a) It shall be unlawful for any person who holds a license | ||||||
15 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
16 | Liquor Control
Commission or local liquor control commissioner | ||||||
17 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
18 | the licensee to sell or deliver to any
other person a firearm | ||||||
19 | in or on the real property of the establishment
where the | ||||||
20 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
21 | or
delivery of the firearm is otherwise lawful under this | ||||||
22 | Article and under the
Firearm Owners Identification Card Act .
| ||||||
23 | (b) Sentence. A violation of subsection (a) of this Section | ||||||
24 | is a
Class 4 felony.
| ||||||
25 | (Source: P.A. 87-591.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3.5)
| ||||||
2 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
3 | (a) For purposes of this Section,
"firearms transaction | ||||||
4 | record form" means a form:
| ||||||
5 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
6 | the transferee's name and address (including county
or | ||||||
7 | similar political subdivision); (ii) whether the | ||||||
8 | transferee is a citizen of
the United States;
(iii) the | ||||||
9 | transferee's State of residence; and (iv) the date and | ||||||
10 | place of
birth, height, weight, and race of the transferee; | ||||||
11 | and
| ||||||
12 | (2) on which the transferee certifies that he or she is | ||||||
13 | not
prohibited by federal law from transporting or shipping | ||||||
14 | a firearm
in interstate or foreign commerce or receiving a | ||||||
15 | firearm that has been shipped
or transported in interstate | ||||||
16 | or foreign commerce or possessing a firearm in or
affecting | ||||||
17 | commerce.
| ||||||
18 | (b) A person commits the offense of unlawful purchase of a | ||||||
19 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
20 | firearm with the intent to deliver that firearm to another | ||||||
21 | person who
is prohibited by federal or State law from | ||||||
22 | possessing a firearm.
| ||||||
23 | (c) A person commits the offense of unlawful purchase of a | ||||||
24 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
25 | a firearm, intentionally
provides false or
misleading |
| |||||||
| |||||||
1 | information on a United States Department of the Treasury, | ||||||
2 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
3 | record form.
| ||||||
4 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
5 | this Section for a
person to make a gift or loan of a firearm to | ||||||
6 | a
person who is not
prohibited by federal or State law from | ||||||
7 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
8 | accordance with Section 3 of the Firearm Owners Identification | ||||||
9 | Card
Act .
| ||||||
10 | (e) Sentence.
| ||||||
11 | (1) A person who commits the offense of unlawful | ||||||
12 | purchase of a
firearm:
| ||||||
13 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
14 | attempting to
purchase one firearm;
| ||||||
15 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
16 | attempting to
purchase not less than 2
firearms and not | ||||||
17 | more than 5 firearms at the same time or within a one
| ||||||
18 | year period;
| ||||||
19 | (C) is guilty of a Class X felony for which the | ||||||
20 | offender shall be sentenced to a term of imprisonment | ||||||
21 | of not less than 9 years and not more than 40 years for | ||||||
22 | purchasing or attempting to
purchase not less than 6
| ||||||
23 | firearms at the same time or within a 2
year period.
| ||||||
24 | (2) In addition to any other penalty that may be | ||||||
25 | imposed for a violation
of this Section, the court may | ||||||
26 | sentence a person convicted of a violation of
subsection |
| |||||||
| |||||||
1 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
2 | each
violation.
| ||||||
3 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
4 | commenced within 6 years after the commission of the offense.
| ||||||
5 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
6 | (720 ILCS 5/24-4.5 new)
| ||||||
7 | Sec. 24-4.5. Dial up system. | ||||||
8 | (a) The Department of State Police shall provide
a dial up | ||||||
9 | telephone system or utilize other existing technology which | ||||||
10 | shall be used by any federally licensed
firearm dealer, gun | ||||||
11 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
12 | stun gun, or taser under the provisions of this
Code. The | ||||||
13 | Department of State Police may utilize existing technology | ||||||
14 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
15 | Fees collected by the Department of
State Police shall be | ||||||
16 | deposited in the State Police Services Fund and used
to provide | ||||||
17 | the service. | ||||||
18 | (b) Upon receiving a request from a federally licensed | ||||||
19 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
20 | Department of State Police shall immediately approve, or within | ||||||
21 | the time
period established by Section 24-3 of this Code | ||||||
22 | regarding
the delivery of firearms, stun guns, and tasers | ||||||
23 | notify the inquiring dealer, gun show promoter, or gun show | ||||||
24 | vendor of any objection that
would disqualify the transferee | ||||||
25 | from acquiring or possessing a firearm, stun gun, or taser. In
|
| |||||||
| |||||||
1 | conducting the inquiry, the Department of State Police shall | ||||||
2 | initiate and
complete an automated search of its criminal | ||||||
3 | history record information
files and those of the Federal | ||||||
4 | Bureau of Investigation, including the
National Instant | ||||||
5 | Criminal Background Check System, and of the files of
the | ||||||
6 | Department of Human Services relating to mental health and
| ||||||
7 | developmental disabilities to obtain
any felony conviction or | ||||||
8 | patient hospitalization information which would
disqualify a | ||||||
9 | person from obtaining a firearm. | ||||||
10 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
11 | of this Code or federal law, the Department of State Police | ||||||
12 | shall:
| ||||||
13 | (1) assign a unique identification number to the | ||||||
14 | transfer; and | ||||||
15 | (2) provide the licensee, gun show promoter, or gun | ||||||
16 | show vendor with the number. | ||||||
17 | (d) Approvals issued by the Department of State Police for | ||||||
18 | the purchase of a firearm are valid for 30 days from the date | ||||||
19 | of issue.
| ||||||
20 | (e)(1) The Department of State Police must act as the | ||||||
21 | Illinois Point of Contact
for the National Instant Criminal | ||||||
22 | Background Check System. | ||||||
23 | (2) The Department of State Police and the Department of | ||||||
24 | Human Services shall, in accordance with State and federal law | ||||||
25 | regarding confidentiality, enter into a memorandum of | ||||||
26 | understanding with the Federal Bureau of Investigation for the |
| |||||||
| |||||||
1 | purpose of implementing the National Instant Criminal | ||||||
2 | Background Check System in the State. The Department of State | ||||||
3 | Police shall report the name, date of birth, and physical | ||||||
4 | description of any person prohibited from possessing a firearm | ||||||
5 | under this Code or 18 U.S.C. 922(g) and (n) to the National | ||||||
6 | Instant Criminal Background Check System Index, Denied Persons | ||||||
7 | Files. | ||||||
8 | (f) The Department of State Police shall adopt rules not | ||||||
9 | inconsistent with this Section to implement this
system.
| ||||||
10 | (720 ILCS 5/24-9)
| ||||||
11 | Sec. 24-9. Firearms; Child Protection.
| ||||||
12 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
13 | for any person to
store or leave, within premises under his or | ||||||
14 | her control, a firearm if
the
person knows or has reason to | ||||||
15 | believe that a minor under the age of 14
years who does not | ||||||
16 | have a Firearm Owners Identification Card is likely to gain
| ||||||
17 | access to the firearm without the lawful permission
of the | ||||||
18 | minor's parent, guardian, or person having charge of the minor, | ||||||
19 | and
the minor causes death or great bodily harm with the | ||||||
20 | firearm, unless
the firearm is:
| ||||||
21 | (1) secured by a device or mechanism, other than the | ||||||
22 | firearm safety,
designed to render a firearm temporarily | ||||||
23 | inoperable; or
| ||||||
24 | (2) placed in a securely locked box or container; or
| ||||||
25 | (3) placed in some other location that a reasonable |
| |||||||
| |||||||
1 | person would
believe to be secure from a minor under the | ||||||
2 | age of 14 years.
| ||||||
3 | (b) Sentence. A person who violates this Section is guilty | ||||||
4 | of a Class C
misdemeanor and shall be fined not less than | ||||||
5 | $1,000. A second or subsequent
violation of this Section is a | ||||||
6 | Class A misdemeanor.
| ||||||
7 | (c) Subsection (a) does not apply:
| ||||||
8 | (1) if the minor under 14 years of age gains access to | ||||||
9 | a
firearm and uses it in a lawful act of self-defense or | ||||||
10 | defense of another; or
| ||||||
11 | (2) to any firearm obtained by a minor under the age of | ||||||
12 | 14 because of
an unlawful entry of the premises by the | ||||||
13 | minor or another person.
| ||||||
14 | (d) For the purposes of this Section, "firearm" has the | ||||||
15 | meaning ascribed
to it in Section 2-7.5 of this Code
1.1 of the | ||||||
16 | Firearm Owners Identification Card Act .
| ||||||
17 | (Source: P.A. 91-18, eff. 1-1-00.)
| ||||||
18 | 720 ILCS 5/24-3.1 rep. | ||||||
19 | Section 110. The Criminal Code of 2012 is amended by | ||||||
20 | repealing Section 24-3.1. | ||||||
21 | Section 115. The Methamphetamine Control and Community | ||||||
22 | Protection Act is amended by changing Section 10 as follows: | ||||||
23 | (720 ILCS 646/10)
|
| |||||||
| |||||||
1 | Sec. 10. Definitions. As used in this Act: | ||||||
2 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
3 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
4 | "Anhydrous ammonia equipment" means all items used to | ||||||
5 | store, hold, contain, handle, transfer, transport, or apply | ||||||
6 | anhydrous ammonia for lawful purposes.
| ||||||
7 | "Booby trap" means any device designed to cause physical | ||||||
8 | injury when triggered by an act of a person approaching, | ||||||
9 | entering, or moving through a structure, a vehicle, or any | ||||||
10 | location where methamphetamine has been manufactured, is being | ||||||
11 | manufactured, or is intended to be manufactured.
| ||||||
12 | "Deliver" or "delivery" has the meaning provided in | ||||||
13 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
14 | Substances Act.
| ||||||
15 | "Director" means the Director of State Police or the | ||||||
16 | Director's designated agents.
| ||||||
17 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
18 | release, deposit, inject, dump, spill, leak, or place | ||||||
19 | methamphetamine waste onto or into any land, water, or well of | ||||||
20 | any type so that the waste has the potential to enter the | ||||||
21 | environment, be emitted into the air, or be discharged into the | ||||||
22 | soil or any waters, including groundwater.
| ||||||
23 | "Emergency response" means the act of collecting evidence | ||||||
24 | from or securing a methamphetamine laboratory site, | ||||||
25 | methamphetamine waste site or other methamphetamine-related | ||||||
26 | site and cleaning up the site, whether these actions are |
| |||||||
| |||||||
1 | performed by public entities or private contractors paid by | ||||||
2 | public entities.
| ||||||
3 | "Emergency service provider" means a local, State, or | ||||||
4 | federal peace officer, firefighter, emergency medical | ||||||
5 | technician-ambulance, emergency
medical | ||||||
6 | technician-intermediate, emergency medical | ||||||
7 | technician-paramedic, ambulance driver, or other medical or | ||||||
8 | first aid personnel rendering aid, or any agent or designee of | ||||||
9 | the foregoing.
| ||||||
10 | "Finished methamphetamine" means methamphetamine in a form | ||||||
11 | commonly used for personal consumption. | ||||||
12 | "Firearm" has the meaning provided in Section 2-7.5 of the | ||||||
13 | Criminal Code of 2012 1.1 of the Firearm Owners Identification | ||||||
14 | Card Act .
| ||||||
15 | "Manufacture" means to produce, prepare, compound, | ||||||
16 | convert, process, synthesize, concentrate, purify, separate, | ||||||
17 | extract, or package any methamphetamine, methamphetamine | ||||||
18 | precursor, methamphetamine manufacturing catalyst, | ||||||
19 | methamphetamine manufacturing reagent, methamphetamine | ||||||
20 | manufacturing solvent, or any substance containing any of the | ||||||
21 | foregoing.
| ||||||
22 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
23 | Schedule II controlled substance under the Illinois Controlled | ||||||
24 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
25 | isomer, or analog thereof, with the exception of | ||||||
26 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other |
| |||||||
| |||||||
1 | scheduled substance with a separate listing under the Illinois | ||||||
2 | Controlled Substances Act. | ||||||
3 | "Methamphetamine manufacturing catalyst" means any | ||||||
4 | substance that has been used, is being used, or is intended to | ||||||
5 | be used to activate, accelerate, extend, or improve a chemical | ||||||
6 | reaction involved in the manufacture of methamphetamine.
| ||||||
7 | "Methamphetamine manufacturing environment" means a | ||||||
8 | structure or vehicle in which:
| ||||||
9 | (1) methamphetamine is being or has been manufactured;
| ||||||
10 | (2) chemicals that are being used, have been used, or | ||||||
11 | are intended to be used to manufacture methamphetamine are | ||||||
12 | stored;
| ||||||
13 | (3) methamphetamine manufacturing materials that have | ||||||
14 | been used to manufacture methamphetamine are stored; or
| ||||||
15 | (4) methamphetamine manufacturing waste is stored.
| ||||||
16 | "Methamphetamine manufacturing material" means any | ||||||
17 | methamphetamine precursor, substance containing any | ||||||
18 | methamphetamine precursor, methamphetamine manufacturing | ||||||
19 | catalyst, substance containing any methamphetamine | ||||||
20 | manufacturing catalyst, methamphetamine manufacturing reagent, | ||||||
21 | substance containing any methamphetamine manufacturing | ||||||
22 | reagent, methamphetamine manufacturing solvent, substance | ||||||
23 | containing any methamphetamine manufacturing solvent, or any | ||||||
24 | other chemical, substance, ingredient, equipment, apparatus, | ||||||
25 | or item that is being used, has been used, or is intended to be | ||||||
26 | used in the manufacture of methamphetamine.
|
| |||||||
| |||||||
1 | "Methamphetamine manufacturing reagent" means any | ||||||
2 | substance other than a methamphetamine manufacturing catalyst | ||||||
3 | that has been used, is being used, or is intended to be used to | ||||||
4 | react with and chemically alter any methamphetamine precursor. | ||||||
5 | "Methamphetamine manufacturing solvent" means any | ||||||
6 | substance that has been used, is being used, or is intended to | ||||||
7 | be used as a medium in which any methamphetamine precursor, | ||||||
8 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
9 | manufacturing reagent, or any substance containing any of the | ||||||
10 | foregoing is dissolved, diluted, or washed during any part of | ||||||
11 | the methamphetamine manufacturing process.
| ||||||
12 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
13 | substance, ingredient, equipment, apparatus, or item that is | ||||||
14 | left over from, results from, or is produced by the process of | ||||||
15 | manufacturing methamphetamine, other than finished | ||||||
16 | methamphetamine.
| ||||||
17 | "Methamphetamine precursor" means ephedrine, | ||||||
18 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
19 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
20 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
21 | "Multi-unit dwelling" means a unified structure used or | ||||||
22 | intended for use as a habitation, home, or residence that | ||||||
23 | contains 2 or more condominiums, apartments, hotel rooms, motel | ||||||
24 | rooms, or other living units.
| ||||||
25 | "Package" means an item marked for retail sale that is not | ||||||
26 | designed to be further broken down or subdivided for the |
| |||||||
| |||||||
1 | purpose of retail sale.
| ||||||
2 | "Participate" or "participation" in the manufacture of | ||||||
3 | methamphetamine means to produce, prepare, compound, convert, | ||||||
4 | process, synthesize, concentrate, purify, separate, extract, | ||||||
5 | or package any methamphetamine, methamphetamine precursor, | ||||||
6 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
7 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
8 | or any substance containing any of the foregoing, or to assist | ||||||
9 | in any of these actions, or to attempt to take any of these | ||||||
10 | actions, regardless of whether this action or these actions | ||||||
11 | result in the production of finished methamphetamine.
| ||||||
12 | "Person with a disability" means a person who suffers from | ||||||
13 | a permanent physical or mental impairment resulting from | ||||||
14 | disease, injury, functional disorder, or congenital condition | ||||||
15 | which renders the person incapable of adequately providing for | ||||||
16 | his or her own health and personal care.
| ||||||
17 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
18 | obtain, by legal or illegal means, or to cause another to take | ||||||
19 | such action.
| ||||||
20 | "Second or subsequent offense" means an offense under this | ||||||
21 | Act committed by an offender who previously committed an | ||||||
22 | offense under this Act, the Illinois Controlled Substances Act, | ||||||
23 | the Cannabis Control Act, or another Act of this State, another | ||||||
24 | state, or the United States relating to methamphetamine, | ||||||
25 | cannabis, or any other controlled substance.
| ||||||
26 | "Standard dosage form", as used in relation to any |
| |||||||
| |||||||
1 | methamphetamine precursor, means that the methamphetamine | ||||||
2 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
3 | cap, or liquid cap that has been manufactured by a lawful | ||||||
4 | entity and contains a standard quantity of methamphetamine | ||||||
5 | precursor.
| ||||||
6 | "Unauthorized container", as used in relation to anhydrous | ||||||
7 | ammonia, means any container that is not designed for the | ||||||
8 | specific and sole purpose of holding, storing, transporting, or | ||||||
9 | applying anhydrous ammonia. "Unauthorized container" includes, | ||||||
10 | but is not limited to, any propane tank, fire extinguisher, | ||||||
11 | oxygen cylinder, gasoline can, food or beverage cooler, or | ||||||
12 | compressed gas cylinder used in dispensing fountain drinks. | ||||||
13 | "Unauthorized container" does not encompass anhydrous ammonia | ||||||
14 | manufacturing plants, refrigeration systems
where anhydrous | ||||||
15 | ammonia is used solely as a refrigerant, anhydrous ammonia | ||||||
16 | transportation pipelines, anhydrous ammonia tankers, or | ||||||
17 | anhydrous ammonia barges.
| ||||||
18 | (Source: P.A. 97-434, eff. 1-1-12.) | ||||||
19 | Section 120. The Code of Criminal Procedure of 1963 is | ||||||
20 | amended by changing Sections 110-4 and 110-10 as follows:
| ||||||
21 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||||||
22 | Sec. 110-4. Bailable Offenses.
| ||||||
23 | (a) All persons shall be bailable before conviction, except | ||||||
24 | the
following offenses where the proof is evident or the |
| |||||||
| |||||||
1 | presumption great that
the defendant is guilty of the offense: | ||||||
2 | capital offenses; offenses for
which a sentence of life | ||||||
3 | imprisonment may be imposed as a consequence of
conviction; | ||||||
4 | felony offenses for which a sentence of imprisonment,
without | ||||||
5 | conditional and revocable release, shall be imposed
by law as a | ||||||
6 | consequence of conviction, where the court after a hearing,
| ||||||
7 | determines that the release of the defendant would pose a real | ||||||
8 | and present
threat to the physical safety of any person or | ||||||
9 | persons; stalking or
aggravated stalking, where the court, | ||||||
10 | after a hearing, determines that the
release of the defendant | ||||||
11 | would pose a real and present threat to the
physical safety of | ||||||
12 | the alleged victim of the offense and denial of bail
is | ||||||
13 | necessary to prevent fulfillment of the threat upon which the | ||||||
14 | charge
is based;
or unlawful use of weapons in violation of | ||||||
15 | Section 24-0.1 or item (4) of subsection (a) of
Section 24-1 of | ||||||
16 | the
Criminal Code of 1961 or the Criminal Code of 2012 when | ||||||
17 | that offense occurred in a school or in any
conveyance owned,
| ||||||
18 | leased, or contracted by a school to transport students to or | ||||||
19 | from school or a
school-related
activity, or on any public way | ||||||
20 | within 1,000 feet of real property comprising
any school, where
| ||||||
21 | the court, after a hearing, determines that the release of the | ||||||
22 | defendant would
pose a real and
present threat to the physical | ||||||
23 | safety of any person and denial of bail is
necessary to prevent
| ||||||
24 | fulfillment of that threat; or making a terrorist threat in | ||||||
25 | violation of
Section 29D-20 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012 or an attempt to commit the offense of |
| |||||||
| |||||||
1 | making a terrorist threat, where the court, after a hearing, | ||||||
2 | determines that the release of the defendant would pose a real | ||||||
3 | and present threat to the physical safety of any person and | ||||||
4 | denial of bail is necessary to prevent fulfillment of that | ||||||
5 | threat.
| ||||||
6 | (b) A person seeking release on bail who is charged with a | ||||||
7 | capital
offense or an offense for which a sentence of life | ||||||
8 | imprisonment may be
imposed shall not be bailable until a | ||||||
9 | hearing is held wherein such person
has the burden of | ||||||
10 | demonstrating that the proof of his guilt is not evident
and | ||||||
11 | the presumption is not great.
| ||||||
12 | (c) Where it is alleged that bail should be denied to a | ||||||
13 | person upon the
grounds that the person presents a real and | ||||||
14 | present threat to the physical
safety of any person or persons, | ||||||
15 | the burden of proof of such allegations
shall be upon the | ||||||
16 | State.
| ||||||
17 | (d) When it is alleged that bail should be denied to a | ||||||
18 | person
charged with stalking or aggravated stalking upon the | ||||||
19 | grounds set forth in
Section 110-6.3 of this Code, the burden | ||||||
20 | of proof of those allegations shall be
upon the State.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
22 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
23 | Sec. 110-10. Conditions of bail bond.
| ||||||
24 | (a) If a person is released prior to conviction, either | ||||||
25 | upon payment of
bail security or on his or her own |
| |||||||
| |||||||
1 | recognizance, the conditions of the bail
bond shall be that he | ||||||
2 | or she will:
| ||||||
3 | (1) Appear to answer the charge in the court having | ||||||
4 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
5 | the court until discharged or
final order of the court;
| ||||||
6 | (2) Submit himself or herself to the orders and process | ||||||
7 | of the court;
| ||||||
8 | (3) Not depart this State without leave of the court;
| ||||||
9 | (4) Not violate any criminal statute of any | ||||||
10 | jurisdiction;
| ||||||
11 | (5) At a time and place designated by the court, | ||||||
12 | surrender all firearms
in his or her possession to a law | ||||||
13 | enforcement officer designated by the court
to take custody | ||||||
14 | of and impound the firearms
and physically
surrender his or | ||||||
15 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
16 | circuit court
when the offense the person has
been charged | ||||||
17 | with is a forcible felony, stalking, aggravated stalking, | ||||||
18 | domestic
battery, any violation of the Illinois Controlled | ||||||
19 | Substances Act, the Methamphetamine Control and Community | ||||||
20 | Protection Act, or the
Cannabis Control Act that is | ||||||
21 | classified as a Class 2 or greater felony, or any
felony | ||||||
22 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012; the court
may,
however, forgo the | ||||||
24 | imposition of this condition when the
circumstances of the
| ||||||
25 | case clearly do not warrant it or when its imposition would | ||||||
26 | be
impractical;
if the Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | is confiscated, the clerk of the circuit court shall mail | ||||||
2 | the confiscated card to the Illinois State Police; all | ||||||
3 | legally possessed firearms shall be returned to the person | ||||||
4 | upon
the charges being dismissed, or if the person is found | ||||||
5 | not guilty, unless the
finding of not guilty is by reason | ||||||
6 | of insanity; and
| ||||||
7 | (6) At a time and place designated by the court, submit | ||||||
8 | to a
psychological
evaluation when the person has been | ||||||
9 | charged with a violation of Section 24-0.1 or item (4) of
| ||||||
10 | subsection
(a) of Section 24-1 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012 and that violation occurred in
| ||||||
12 | a school
or in any conveyance owned, leased, or contracted | ||||||
13 | by a school to transport
students to or
from school or a | ||||||
14 | school-related activity, or on any public way within 1,000
| ||||||
15 | feet of real
property comprising any school.
| ||||||
16 | Psychological evaluations ordered pursuant to this Section | ||||||
17 | shall be completed
promptly
and made available to the State, | ||||||
18 | the defendant, and the court. As a further
condition of bail | ||||||
19 | under
these circumstances, the court shall order the defendant | ||||||
20 | to refrain from
entering upon the
property of the school, | ||||||
21 | including any conveyance owned, leased, or contracted
by a | ||||||
22 | school to
transport students to or from school or a | ||||||
23 | school-related activity, or on any public way within
1,000 feet | ||||||
24 | of real property comprising any school. Upon receipt of the | ||||||
25 | psychological evaluation,
either the State or the defendant may | ||||||
26 | request a change in the conditions of bail, pursuant to
Section |
| |||||||
| |||||||
1 | 110-6 of this Code. The court may change the conditions of bail | ||||||
2 | to include a
requirement that the defendant follow the | ||||||
3 | recommendations of the psychological evaluation,
including | ||||||
4 | undergoing psychiatric treatment. The conclusions of the
| ||||||
5 | psychological evaluation and
any statements elicited from the | ||||||
6 | defendant during its administration are not
admissible as | ||||||
7 | evidence
of guilt during the course of any trial on the charged | ||||||
8 | offense, unless the
defendant places his or her
mental | ||||||
9 | competency in issue.
| ||||||
10 | (b) The court may impose other conditions, such as the | ||||||
11 | following, if the
court finds that such conditions are | ||||||
12 | reasonably necessary to assure the
defendant's appearance in | ||||||
13 | court, protect the public from the defendant, or
prevent the | ||||||
14 | defendant's unlawful interference with the orderly | ||||||
15 | administration
of justice:
| ||||||
16 | (1) Report to or appear in person before such person or | ||||||
17 | agency as the
court may direct;
| ||||||
18 | (2) Refrain from possessing a firearm or other | ||||||
19 | dangerous weapon;
| ||||||
20 | (3) Refrain from approaching or communicating with | ||||||
21 | particular persons or
classes of persons;
| ||||||
22 | (4) Refrain from going to certain described | ||||||
23 | geographical areas or
premises;
| ||||||
24 | (5) Refrain from engaging in certain activities or | ||||||
25 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
26 | (6) Undergo treatment for drug addiction or |
| |||||||
| |||||||
1 | alcoholism;
| ||||||
2 | (7) Undergo medical or psychiatric treatment;
| ||||||
3 | (8) Work or pursue a course of study or vocational | ||||||
4 | training;
| ||||||
5 | (9) Attend or reside in a facility designated by the | ||||||
6 | court;
| ||||||
7 | (10) Support his or her dependents;
| ||||||
8 | (11) If a minor resides with his or her parents or in a | ||||||
9 | foster home,
attend school, attend a non-residential | ||||||
10 | program for youths, and contribute
to his or her own | ||||||
11 | support at home or in a foster home;
| ||||||
12 | (12) Observe any curfew ordered by the court;
| ||||||
13 | (13) Remain in the custody of such designated person or | ||||||
14 | organization
agreeing to supervise his release. Such third | ||||||
15 | party custodian shall be
responsible for notifying the | ||||||
16 | court if the defendant fails to observe the
conditions of | ||||||
17 | release which the custodian has agreed to monitor, and | ||||||
18 | shall
be subject to contempt of court for failure so to | ||||||
19 | notify the court;
| ||||||
20 | (14) Be placed under direct supervision of the Pretrial | ||||||
21 | Services
Agency, Probation Department or Court Services | ||||||
22 | Department in a pretrial
bond home supervision capacity | ||||||
23 | with or without the use of an approved
electronic | ||||||
24 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
25 | Unified Code of Corrections;
| ||||||
26 | (14.1) The court shall impose upon a defendant who is |
| |||||||
| |||||||
1 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
2 | controlled substance violation and is placed under
direct | ||||||
3 | supervision of the Pretrial Services Agency, Probation | ||||||
4 | Department or
Court Services Department in a pretrial bond | ||||||
5 | home supervision capacity with
the use of an approved | ||||||
6 | monitoring device, as a condition of such bail bond,
a fee | ||||||
7 | that represents costs incidental to the electronic | ||||||
8 | monitoring for each
day of such bail supervision ordered by | ||||||
9 | the
court, unless after determining the inability of the | ||||||
10 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
11 | or no fee as the case may be. The fee
shall be collected by | ||||||
12 | the clerk of the circuit court. The clerk of the
circuit | ||||||
13 | court shall pay all monies collected from this fee to the | ||||||
14 | county
treasurer for deposit in the substance abuse | ||||||
15 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
16 | (14.2) The court shall impose upon all defendants, | ||||||
17 | including those
defendants subject to paragraph (14.1) | ||||||
18 | above, placed under direct supervision
of the Pretrial | ||||||
19 | Services Agency, Probation Department or Court Services
| ||||||
20 | Department in a pretrial bond home supervision capacity | ||||||
21 | with the use of an
approved monitoring device, as a | ||||||
22 | condition of such bail bond, a fee
which shall represent | ||||||
23 | costs incidental to such
electronic monitoring for each day | ||||||
24 | of such bail supervision ordered by the
court, unless after | ||||||
25 | determining the inability of the defendant to pay the fee,
| ||||||
26 | the court assesses a lesser fee or no fee as the case may |
| |||||||
| |||||||
1 | be. The fee shall be
collected by the clerk of the circuit | ||||||
2 | court. The clerk of the circuit court
shall pay all monies | ||||||
3 | collected from this fee to the county treasurer who shall
| ||||||
4 | use the monies collected to defray the costs of | ||||||
5 | corrections. The county
treasurer shall deposit the fee | ||||||
6 | collected in the county working cash fund under
Section | ||||||
7 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
8 | case may
be;
| ||||||
9 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
10 | establish reasonable
fees to be paid by a person receiving | ||||||
11 | pretrial services while under supervision
of a pretrial | ||||||
12 | services agency, probation department, or court services
| ||||||
13 | department. Reasonable fees may be charged for pretrial | ||||||
14 | services
including, but not limited to, pretrial | ||||||
15 | supervision, diversion programs,
electronic monitoring, | ||||||
16 | victim impact services, drug and alcohol testing, DNA | ||||||
17 | testing, GPS electronic monitoring, assessments and | ||||||
18 | evaluations related to domestic violence and other | ||||||
19 | victims, and
victim mediation services. The person | ||||||
20 | receiving pretrial services may be
ordered to pay all costs | ||||||
21 | incidental to pretrial services in accordance with his
or | ||||||
22 | her ability to pay those costs;
| ||||||
23 | (14.4) For persons charged with violating Section | ||||||
24 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
25 | a motor vehicle not equipped with an
ignition interlock | ||||||
26 | device, as defined in Section 1-129.1 of the Illinois
|
| |||||||
| |||||||
1 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
2 | Secretary of State for the
installation of ignition
| ||||||
3 | interlock devices. Under this condition the court may allow | ||||||
4 | a defendant who is
not
self-employed to operate a vehicle | ||||||
5 | owned by the defendant's employer that is
not equipped with | ||||||
6 | an ignition interlock device in the course and scope of the
| ||||||
7 | defendant's employment;
| ||||||
8 | (15) Comply with the terms and conditions of an order | ||||||
9 | of protection
issued by the court under the Illinois | ||||||
10 | Domestic Violence Act of 1986 or an
order of protection | ||||||
11 | issued by the court of another state, tribe, or United
| ||||||
12 | States territory;
| ||||||
13 | (16) Under Section 110-6.5 comply with the conditions | ||||||
14 | of the drug testing
program; and
| ||||||
15 | (17) Such other reasonable conditions as the court may | ||||||
16 | impose.
| ||||||
17 | (c) When a person is charged with an offense under Section | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
19 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
21 | 18 years of age living in the same household with the defendant
| ||||||
22 | at the time of the offense, in granting bail or releasing the | ||||||
23 | defendant on
his own recognizance, the judge shall impose | ||||||
24 | conditions to restrict the
defendant's access to the victim | ||||||
25 | which may include, but are not limited to
conditions that he | ||||||
26 | will:
|
| |||||||
| |||||||
1 | 1. Vacate the Household.
| ||||||
2 | 2. Make payment of temporary support to his dependents.
| ||||||
3 | 3. Refrain from contact or communication with the child | ||||||
4 | victim, except
as ordered by the court.
| ||||||
5 | (d) When a person is charged with a criminal offense and | ||||||
6 | the victim is
a family or household member as defined in | ||||||
7 | Article 112A, conditions shall
be imposed at the time of the | ||||||
8 | defendant's release on bond that restrict the
defendant's | ||||||
9 | access to the victim.
Unless provided otherwise by the court, | ||||||
10 | the
restrictions shall include
requirements that the defendant | ||||||
11 | do the following:
| ||||||
12 | (1) refrain from contact or communication with the | ||||||
13 | victim for a
minimum period of 72 hours following the | ||||||
14 | defendant's release; and
| ||||||
15 | (2) refrain from entering or remaining at the victim's | ||||||
16 | residence for a
minimum period of 72 hours following the | ||||||
17 | defendant's release.
| ||||||
18 | (e) Local law enforcement agencies shall develop | ||||||
19 | standardized bond forms
for use in cases involving family or | ||||||
20 | household members as defined in
Article 112A, including | ||||||
21 | specific conditions of bond as provided in
subsection (d). | ||||||
22 | Failure of any law enforcement department to develop or use
| ||||||
23 | those forms shall in no way limit the applicability and | ||||||
24 | enforcement of
subsections (d) and (f).
| ||||||
25 | (f) If the defendant is admitted to bail after conviction | ||||||
26 | the
conditions of the bail bond shall be that he will, in |
| |||||||
| |||||||
1 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
2 | hereof:
| ||||||
3 | (1) Duly prosecute his appeal;
| ||||||
4 | (2) Appear at such time and place as the court may | ||||||
5 | direct;
| ||||||
6 | (3) Not depart this State without leave of the court;
| ||||||
7 | (4) Comply with such other reasonable conditions as the | ||||||
8 | court may
impose; and
| ||||||
9 | (5) If the judgment is affirmed or the cause reversed | ||||||
10 | and remanded
for a new trial, forthwith surrender to the | ||||||
11 | officer from whose custody
he was bailed.
| ||||||
12 | (g) Upon a finding of guilty for any felony offense, the | ||||||
13 | defendant shall
physically surrender, at a time and place | ||||||
14 | designated by the court,
any and all firearms in his or her | ||||||
15 | possession and his or her Firearm Owner's
Identification Card | ||||||
16 | as a condition of remaining on bond pending sentencing.
| ||||||
17 | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
18 | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
19 | 1-25-13.)
| ||||||
20 | Section 125. The Unified Code of Corrections is amended by | ||||||
21 | changing Sections 5-5-3 and 5-5-3.2 as follows:
| ||||||
22 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
23 | Sec. 5-5-3. Disposition.
| ||||||
24 | (a) (Blank).
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) (1) (Blank).
| ||||||
3 | (2) A period of probation, a term of periodic | ||||||
4 | imprisonment or
conditional discharge shall not be imposed | ||||||
5 | for the following offenses.
The court shall sentence the | ||||||
6 | offender to not less than the minimum term
of imprisonment | ||||||
7 | set forth in this Code for the following offenses, and
may | ||||||
8 | order a fine or restitution or both in conjunction with | ||||||
9 | such term of
imprisonment:
| ||||||
10 | (A) First degree murder where the death penalty is | ||||||
11 | not imposed.
| ||||||
12 | (B) Attempted first degree murder.
| ||||||
13 | (C) A Class X felony.
| ||||||
14 | (D) A violation of Section 401.1 or 407 of the
| ||||||
15 | Illinois Controlled Substances Act, or a violation of | ||||||
16 | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | ||||||
17 | Act which relates to more than 5 grams of a substance
| ||||||
18 | containing cocaine, fentanyl, or an analog thereof.
| ||||||
19 | (D-5) A violation of subdivision (c)(1) of
Section | ||||||
20 | 401 of the Illinois Controlled Substances Act which | ||||||
21 | relates to 3 or more grams of a substance
containing | ||||||
22 | heroin or an analog thereof.
| ||||||
23 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
24 | Control
Act.
| ||||||
25 | (F) A Class 2 or greater felony if the offender had | ||||||
26 | been convicted
of a Class 2 or greater felony, |
| |||||||
| |||||||
1 | including any state or federal conviction for an | ||||||
2 | offense that contained, at the time it was committed, | ||||||
3 | the same elements as an offense now (the date of the | ||||||
4 | offense committed after the prior Class 2 or greater | ||||||
5 | felony) classified as a Class 2 or greater felony, | ||||||
6 | within 10 years of the date on which the
offender
| ||||||
7 | committed the offense for which he or she is being | ||||||
8 | sentenced, except as
otherwise provided in Section | ||||||
9 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
10 | Dependency Act.
| ||||||
11 | (F-5) A violation of Section 24-0.1, 24-1, 24-1.1, | ||||||
12 | or 24-1.6 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012 for which imprisonment is prescribed in | ||||||
14 | those Sections.
| ||||||
15 | (G) Residential burglary, except as otherwise | ||||||
16 | provided in Section 40-10
of the Alcoholism and Other | ||||||
17 | Drug Abuse and Dependency Act.
| ||||||
18 | (H) Criminal sexual assault.
| ||||||
19 | (I) Aggravated battery of a senior citizen as | ||||||
20 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
21 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012.
| ||||||
23 | (J) A forcible felony if the offense was related to | ||||||
24 | the activities of an
organized gang.
| ||||||
25 | Before July 1, 1994, for the purposes of this | ||||||
26 | paragraph, "organized
gang" means an association of 5 |
| |||||||
| |||||||
1 | or more persons, with an established hierarchy,
that | ||||||
2 | encourages members of the association to perpetrate | ||||||
3 | crimes or provides
support to the members of the | ||||||
4 | association who do commit crimes.
| ||||||
5 | Beginning July 1, 1994, for the purposes of this | ||||||
6 | paragraph,
"organized gang" has the meaning ascribed | ||||||
7 | to it in Section 10 of the Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act.
| ||||||
9 | (K) Vehicular hijacking.
| ||||||
10 | (L) A second or subsequent conviction for the | ||||||
11 | offense of hate crime
when the underlying offense upon | ||||||
12 | which the hate crime is based is felony
aggravated
| ||||||
13 | assault or felony mob action.
| ||||||
14 | (M) A second or subsequent conviction for the | ||||||
15 | offense of institutional
vandalism if the damage to the | ||||||
16 | property exceeds $300.
| ||||||
17 | (N) (Blank). A Class 3 felony violation of | ||||||
18 | paragraph (1) of subsection (a) of
Section 2 of the | ||||||
19 | Firearm Owners Identification Card Act.
| ||||||
20 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
23 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
25 | (Q) A violation of subsection (b) or (b-5) of | ||||||
26 | Section 20-1, Section 20-1.2, or Section 20-1.3 of the |
| |||||||
| |||||||
1 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
2 | (R) A violation of Section 24-3A of the Criminal | ||||||
3 | Code of
1961 or the Criminal Code of 2012.
| ||||||
4 | (S) (Blank).
| ||||||
5 | (T) A second or subsequent violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act.
| ||||||
7 | (U) A second or subsequent violation of Section | ||||||
8 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
9 | or her driver's license, permit, or privilege was | ||||||
10 | revoked because of a violation of Section 9-3 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
12 | relating to the offense of reckless homicide, or a | ||||||
13 | similar provision of a law of another state.
| ||||||
14 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
15 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
16 | of Section 11-20.3 of the Criminal Code of 1961, or | ||||||
17 | paragraph (6) of subsection (a) of Section 11-20.1 of | ||||||
18 | the Criminal Code of 2012 when the victim is under 13 | ||||||
19 | years of age and the defendant has previously been | ||||||
20 | convicted under the laws of this State or any other | ||||||
21 | state of the offense of child pornography, aggravated | ||||||
22 | child pornography, aggravated criminal sexual abuse, | ||||||
23 | aggravated criminal sexual assault, predatory criminal | ||||||
24 | sexual assault of a child, or any of the offenses | ||||||
25 | formerly known as rape, deviate sexual assault, | ||||||
26 | indecent liberties with a child, or aggravated |
| |||||||
| |||||||
1 | indecent liberties with a child where the victim was | ||||||
2 | under the age of 18 years or an offense that is | ||||||
3 | substantially equivalent to those offenses. | ||||||
4 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012.
| ||||||
6 | (X) A violation of subsection (a) of Section 31-1a | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012. | ||||||
9 | (Y) A conviction for unlawful possession of a | ||||||
10 | firearm by a street gang member when the firearm was | ||||||
11 | loaded or contained firearm ammunition. | ||||||
12 | (Z) A Class 1 felony committed while he or she was | ||||||
13 | serving a term of probation or conditional discharge | ||||||
14 | for a felony. | ||||||
15 | (AA) Theft of property exceeding $500,000 and not | ||||||
16 | exceeding $1,000,000 in value. | ||||||
17 | (BB) Laundering of criminally derived property of | ||||||
18 | a value exceeding
$500,000. | ||||||
19 | (CC) Knowingly selling, offering for sale, holding | ||||||
20 | for sale, or using 2,000 or more counterfeit items or | ||||||
21 | counterfeit items having a retail value in the | ||||||
22 | aggregate of $500,000 or more. | ||||||
23 | (DD) A conviction for aggravated assault under | ||||||
24 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012 if | ||||||
26 | the firearm is aimed toward the person against whom the |
| |||||||
| |||||||
1 | firearm is being used.
| ||||||
2 | (3) (Blank).
| ||||||
3 | (4) A minimum term of imprisonment of not less than 10
| ||||||
4 | consecutive days or 30 days of community service shall be | ||||||
5 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
6 | of the Illinois Vehicle Code.
| ||||||
7 | (4.1) (Blank).
| ||||||
8 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
9 | of this subsection (c), a
minimum of
100 hours of community | ||||||
10 | service shall be imposed for a second violation of
Section | ||||||
11 | 6-303
of the Illinois Vehicle Code.
| ||||||
12 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
13 | hours of community
service, as determined by the court, | ||||||
14 | shall
be imposed for a second violation of subsection (c) | ||||||
15 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
16 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
17 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
18 | imprisonment of 30 days or 300 hours of community service, | ||||||
19 | as
determined by the court, shall
be imposed
for a third or | ||||||
20 | subsequent violation of Section 6-303 of the Illinois | ||||||
21 | Vehicle
Code.
| ||||||
22 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
23 | be imposed for a third violation of subsection (c) of
| ||||||
24 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
25 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
26 | subsection (c), a minimum term of imprisonment of 180 days |
| |||||||
| |||||||
1 | shall be imposed for a
fourth or subsequent violation of | ||||||
2 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
3 | Code.
| ||||||
4 | (4.7) A minimum term of imprisonment of not less than | ||||||
5 | 30 consecutive days, or 300 hours of community service, | ||||||
6 | shall be imposed for a violation of subsection (a-5) of | ||||||
7 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
8 | subsection (b-5) of that Section.
| ||||||
9 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
10 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
11 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
12 | of that Section. The person's driving privileges shall be | ||||||
13 | revoked for a period of not less than 5 years from the date | ||||||
14 | of his or her release from prison.
| ||||||
15 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
16 | and not more than 15 years shall be imposed for a third | ||||||
17 | violation of subsection (a-5) of Section 6-303 of the | ||||||
18 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
19 | that Section. The person's driving privileges shall be | ||||||
20 | revoked for the remainder of his or her life.
| ||||||
21 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
22 | shall be imposed, and the person shall be eligible for an | ||||||
23 | extended term sentence, for a fourth or subsequent | ||||||
24 | violation of subsection (a-5) of Section 6-303 of the | ||||||
25 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
26 | that Section. The person's driving privileges shall be |
| |||||||
| |||||||
1 | revoked for the remainder of his or her life.
| ||||||
2 | (5) The court may sentence a corporation or | ||||||
3 | unincorporated
association convicted of any offense to:
| ||||||
4 | (A) a period of conditional discharge;
| ||||||
5 | (B) a fine;
| ||||||
6 | (C) make restitution to the victim under Section | ||||||
7 | 5-5-6 of this Code.
| ||||||
8 | (5.1) In addition to any other penalties imposed, and | ||||||
9 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
10 | convicted of violating subsection (c) of Section 11-907 of | ||||||
11 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
12 | license, permit, or privileges
suspended for at least 90 | ||||||
13 | days but not more than one year, if the violation
resulted | ||||||
14 | in damage to the property of another person.
| ||||||
15 | (5.2) In addition to any other penalties imposed, and | ||||||
16 | except as provided in paragraph (5.3), a person convicted
| ||||||
17 | of violating subsection (c) of Section 11-907 of the | ||||||
18 | Illinois Vehicle Code
shall have his or her driver's | ||||||
19 | license, permit, or privileges suspended for at
least 180 | ||||||
20 | days but not more than 2 years, if the violation resulted | ||||||
21 | in injury
to
another person.
| ||||||
22 | (5.3) In addition to any other penalties imposed, a | ||||||
23 | person convicted of violating subsection (c) of Section
| ||||||
24 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
25 | driver's license,
permit, or privileges suspended for 2 | ||||||
26 | years, if the violation resulted in the
death of another |
| |||||||
| |||||||
1 | person.
| ||||||
2 | (5.4) In addition to any other penalties imposed, a | ||||||
3 | person convicted of violating Section 3-707 of the Illinois | ||||||
4 | Vehicle Code shall have his or her driver's license, | ||||||
5 | permit, or privileges suspended for 3 months and until he | ||||||
6 | or she has paid a reinstatement fee of $100. | ||||||
7 | (5.5) In addition to any other penalties imposed, a | ||||||
8 | person convicted of violating Section 3-707 of the Illinois | ||||||
9 | Vehicle Code during a period in which his or her driver's | ||||||
10 | license, permit, or privileges were suspended for a | ||||||
11 | previous violation of that Section shall have his or her | ||||||
12 | driver's license, permit, or privileges suspended for an | ||||||
13 | additional 6 months after the expiration of the original | ||||||
14 | 3-month suspension and until he or she has paid a | ||||||
15 | reinstatement fee of $100.
| ||||||
16 | (6) (Blank).
| ||||||
17 | (7) (Blank).
| ||||||
18 | (8) (Blank).
| ||||||
19 | (9) A defendant convicted of a second or subsequent | ||||||
20 | offense of ritualized
abuse of a child may be sentenced to | ||||||
21 | a term of natural life imprisonment.
| ||||||
22 | (10) (Blank).
| ||||||
23 | (11) The court shall impose a minimum fine of $1,000 | ||||||
24 | for a first offense
and $2,000 for a second or subsequent | ||||||
25 | offense upon a person convicted of or
placed on supervision | ||||||
26 | for battery when the individual harmed was a sports
|
| |||||||
| |||||||
1 | official or coach at any level of competition and the act | ||||||
2 | causing harm to the
sports
official or coach occurred | ||||||
3 | within an athletic facility or within the immediate | ||||||
4 | vicinity
of the athletic facility at which the sports | ||||||
5 | official or coach was an active
participant
of the athletic | ||||||
6 | contest held at the athletic facility. For the purposes of
| ||||||
7 | this paragraph (11), "sports official" means a person at an | ||||||
8 | athletic contest
who enforces the rules of the contest, | ||||||
9 | such as an umpire or referee; "athletic facility" means an | ||||||
10 | indoor or outdoor playing field or recreational area where | ||||||
11 | sports activities are conducted;
and "coach" means a person | ||||||
12 | recognized as a coach by the sanctioning
authority that | ||||||
13 | conducted the sporting event. | ||||||
14 | (12) A person may not receive a disposition of court | ||||||
15 | supervision for a
violation of Section 5-16 of the Boat | ||||||
16 | Registration and Safety Act if that
person has previously | ||||||
17 | received a disposition of court supervision for a
violation | ||||||
18 | of that Section.
| ||||||
19 | (13) A person convicted of or placed on court | ||||||
20 | supervision for an assault or aggravated assault when the | ||||||
21 | victim and the offender are family or household members as | ||||||
22 | defined in Section 103 of the Illinois Domestic Violence | ||||||
23 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
24 | domestic battery may be required to attend a Partner Abuse | ||||||
25 | Intervention Program under protocols set forth by the | ||||||
26 | Illinois Department of Human Services under such terms and |
| |||||||
| |||||||
1 | conditions imposed by the court. The costs of such classes | ||||||
2 | shall be paid by the offender.
| ||||||
3 | (d) In any case in which a sentence originally imposed is | ||||||
4 | vacated,
the case shall be remanded to the trial court. The | ||||||
5 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
6 | Unified Code of Corrections
which may include evidence of the | ||||||
7 | defendant's life, moral character and
occupation during the | ||||||
8 | time since the original sentence was passed. The
trial court | ||||||
9 | shall then impose sentence upon the defendant. The trial
court | ||||||
10 | may impose any sentence which could have been imposed at the
| ||||||
11 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
12 | Corrections.
If a sentence is vacated on appeal or on | ||||||
13 | collateral attack due to the
failure of the trier of fact at | ||||||
14 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
15 | fact (other than a prior conviction) necessary to increase the
| ||||||
16 | punishment for the offense beyond the statutory maximum | ||||||
17 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
18 | to a term within the range otherwise
provided or, if the State | ||||||
19 | files notice of its intention to again seek the
extended | ||||||
20 | sentence, the defendant shall be afforded a new trial.
| ||||||
21 | (e) In cases where prosecution for
aggravated criminal | ||||||
22 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
24 | of a defendant
who was a family member of the victim at the | ||||||
25 | time of the commission of the
offense, the court shall consider | ||||||
26 | the safety and welfare of the victim and
may impose a sentence |
| |||||||
| |||||||
1 | of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | defendant's:
| ||||||
9 | (i) removal from the household;
| ||||||
10 | (ii) restricted contact with the victim;
| ||||||
11 | (iii) continued financial support of the | ||||||
12 | family;
| ||||||
13 | (iv) restitution for harm done to the victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | the court may
deem appropriate; and
| ||||||
17 | (2) the court orders the defendant to pay for the | ||||||
18 | victim's counseling
services, to the extent that the court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | counseling as a result of the
offense.
| ||||||
24 | Probation may be revoked or modified pursuant to Section | ||||||
25 | 5-6-4; except
where the court determines at the hearing that | ||||||
26 | the defendant violated a
condition of his or her probation |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 11-0.1 of the Criminal Code of
2012.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Whenever a defendant is convicted of an offense under | ||||||
10 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
11 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
12 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
13 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
14 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
16 | testing to
determine whether the defendant has any sexually | ||||||
17 | transmissible disease,
including a test for infection with | ||||||
18 | human immunodeficiency virus (HIV) or
any other identified | ||||||
19 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
20 | Any such medical test shall be performed only by appropriately
| ||||||
21 | licensed medical practitioners and may include an analysis of | ||||||
22 | any bodily
fluids as well as an examination of the defendant's | ||||||
23 | person.
Except as otherwise provided by law, the results of | ||||||
24 | such test shall be kept
strictly confidential by all medical | ||||||
25 | personnel involved in the testing and must
be personally | ||||||
26 | delivered in a sealed envelope to the judge of the court in |
| |||||||
| |||||||
1 | which
the conviction was entered for the judge's inspection in | ||||||
2 | camera. Acting in
accordance with the best interests of the | ||||||
3 | victim and the public, the judge
shall have the discretion to | ||||||
4 | determine to whom, if anyone, the results of the
testing may be | ||||||
5 | revealed. The court shall notify the defendant
of the test | ||||||
6 | results. The court shall
also notify the victim if requested by | ||||||
7 | the victim, and if the victim is under
the age of 15 and if | ||||||
8 | requested by the victim's parents or legal guardian, the
court | ||||||
9 | shall notify the victim's parents or legal guardian of the test
| ||||||
10 | results.
The court shall provide information on the | ||||||
11 | availability of HIV testing
and counseling at Department of | ||||||
12 | Public Health facilities to all parties to
whom the results of | ||||||
13 | the testing are revealed and shall direct the State's
Attorney | ||||||
14 | to provide the information to the victim when possible.
A | ||||||
15 | State's Attorney may petition the court to obtain the results | ||||||
16 | of any HIV test
administered under this Section, and the court | ||||||
17 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
18 | relevant in order to prosecute a charge of
criminal | ||||||
19 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
21 | defendant. The court shall order that the cost of any such test
| ||||||
22 | shall be paid by the county and may be taxed as costs against | ||||||
23 | the convicted
defendant.
| ||||||
24 | (g-5) When an inmate is tested for an airborne communicable | ||||||
25 | disease, as
determined by the Illinois Department of Public | ||||||
26 | Health including but not
limited to tuberculosis, the results |
| |||||||
| |||||||
1 | of the test shall be
personally delivered by the warden or his | ||||||
2 | or her designee in a sealed envelope
to the judge of the court | ||||||
3 | in which the inmate must appear for the judge's
inspection in | ||||||
4 | camera if requested by the judge. Acting in accordance with the
| ||||||
5 | best interests of those in the courtroom, the judge shall have | ||||||
6 | the discretion
to determine what if any precautions need to be | ||||||
7 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
8 | (h) Whenever a defendant is convicted of an offense under | ||||||
9 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
10 | defendant shall undergo
medical testing to determine whether | ||||||
11 | the defendant has been exposed to human
immunodeficiency virus | ||||||
12 | (HIV) or any other identified causative agent of
acquired | ||||||
13 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
14 | by
law, the results of such test shall be kept strictly | ||||||
15 | confidential by all
medical personnel involved in the testing | ||||||
16 | and must be personally delivered in a
sealed envelope to the | ||||||
17 | judge of the court in which the conviction was entered
for the | ||||||
18 | judge's inspection in camera. Acting in accordance with the | ||||||
19 | best
interests of the public, the judge shall have the | ||||||
20 | discretion to determine to
whom, if anyone, the results of the | ||||||
21 | testing may be revealed. The court shall
notify the defendant | ||||||
22 | of a positive test showing an infection with the human
| ||||||
23 | immunodeficiency virus (HIV). The court shall provide | ||||||
24 | information on the
availability of HIV testing and counseling | ||||||
25 | at Department of Public Health
facilities to all parties to | ||||||
26 | whom the results of the testing are revealed and
shall direct |
| |||||||
| |||||||
1 | the State's Attorney to provide the information to the victim | ||||||
2 | when
possible. A State's Attorney may petition the court to | ||||||
3 | obtain the results of
any HIV test administered under this | ||||||
4 | Section, and the court shall grant the
disclosure if the | ||||||
5 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
6 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
7 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012 against the defendant. The court shall order that the cost | ||||||
9 | of any
such test shall be paid by the county and may be taxed as | ||||||
10 | costs against the
convicted defendant.
| ||||||
11 | (i) All fines and penalties imposed under this Section for | ||||||
12 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
13 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
14 | any violation
of the Child Passenger Protection Act, or a | ||||||
15 | similar provision of a local
ordinance, shall be collected and | ||||||
16 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
17 | of the Clerks of Courts Act.
| ||||||
18 | (j) In cases when prosecution for any violation of Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
20 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
22 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
23 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012, any violation of the Illinois Controlled | ||||||
25 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
26 | any violation of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act results in conviction, a
disposition of court | ||||||
2 | supervision, or an order of probation granted under
Section 10 | ||||||
3 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
4 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
5 | Control and Community Protection Act of a defendant, the court | ||||||
6 | shall determine whether the
defendant is employed by a facility | ||||||
7 | or center as defined under the Child Care
Act of 1969, a public | ||||||
8 | or private elementary or secondary school, or otherwise
works | ||||||
9 | with children under 18 years of age on a daily basis. When a | ||||||
10 | defendant
is so employed, the court shall order the Clerk of | ||||||
11 | the Court to send a copy of
the judgment of conviction or order | ||||||
12 | of supervision or probation to the
defendant's employer by | ||||||
13 | certified mail.
If the employer of the defendant is a school, | ||||||
14 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
15 | the judgment of conviction or order of
supervision or probation | ||||||
16 | to the appropriate regional superintendent of schools.
The | ||||||
17 | regional superintendent of schools shall notify the State Board | ||||||
18 | of
Education of any notification under this subsection.
| ||||||
19 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
20 | of a felony and
who has not been previously convicted of a | ||||||
21 | misdemeanor or felony and who is
sentenced to a term of | ||||||
22 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
23 | a condition of his or her sentence be required by the court to | ||||||
24 | attend
educational courses designed to prepare the defendant | ||||||
25 | for a high school diploma
and to work toward a high school | ||||||
26 | diploma or to work toward passing the high
school level Test of |
| |||||||
| |||||||
1 | General Educational Development (GED) or to work toward
| ||||||
2 | completing a vocational training program offered by the | ||||||
3 | Department of
Corrections. If a defendant fails to complete the | ||||||
4 | educational training
required by his or her sentence during the | ||||||
5 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
6 | condition of mandatory supervised release, require the
| ||||||
7 | defendant, at his or her own expense, to pursue a course of | ||||||
8 | study toward a high
school diploma or passage of the GED test. | ||||||
9 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
10 | release of a defendant who wilfully fails to
comply with this | ||||||
11 | subsection (j-5) upon his or her release from confinement in a
| ||||||
12 | penal institution while serving a mandatory supervised release | ||||||
13 | term; however,
the inability of the defendant after making a | ||||||
14 | good faith effort to obtain
financial aid or pay for the | ||||||
15 | educational training shall not be deemed a wilful
failure to | ||||||
16 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
17 | whose mandatory supervised release term has been revoked under | ||||||
18 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
19 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
20 | school diploma or has successfully passed the GED
test. This | ||||||
21 | subsection (j-5) does not apply to a defendant who is | ||||||
22 | determined by
the court to be developmentally disabled or | ||||||
23 | otherwise mentally incapable of
completing the educational or | ||||||
24 | vocational program.
| ||||||
25 | (k) (Blank).
| ||||||
26 | (l) (A) Except as provided
in paragraph (C) of subsection |
| |||||||
| |||||||
1 | (l), whenever a defendant,
who is an alien as defined by | ||||||
2 | the Immigration and Nationality Act, is convicted
of any | ||||||
3 | felony or misdemeanor offense, the court after sentencing | ||||||
4 | the defendant
may, upon motion of the State's Attorney, | ||||||
5 | hold sentence in abeyance and remand
the defendant to the | ||||||
6 | custody of the Attorney General of
the United States or his | ||||||
7 | or her designated agent to be deported when:
| ||||||
8 | (1) a final order of deportation has been issued | ||||||
9 | against the defendant
pursuant to proceedings under | ||||||
10 | the Immigration and Nationality Act, and
| ||||||
11 | (2) the deportation of the defendant would not | ||||||
12 | deprecate the seriousness
of the defendant's conduct | ||||||
13 | and would not be inconsistent with the ends of
justice.
| ||||||
14 | Otherwise, the defendant shall be sentenced as | ||||||
15 | provided in this Chapter V.
| ||||||
16 | (B) If the defendant has already been sentenced for a | ||||||
17 | felony or
misdemeanor
offense, or has been placed on | ||||||
18 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
19 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
20 | Section 70 of the Methamphetamine Control and Community | ||||||
21 | Protection Act, the court
may, upon motion of the State's | ||||||
22 | Attorney to suspend the
sentence imposed, commit the | ||||||
23 | defendant to the custody of the Attorney General
of the | ||||||
24 | United States or his or her designated agent when:
| ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant
pursuant to proceedings under |
| |||||||
| |||||||
1 | the Immigration and Nationality Act, and
| ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness
of the defendant's conduct | ||||||
4 | and would not be inconsistent with the ends of
justice.
| ||||||
5 | (C) This subsection (l) does not apply to offenders who | ||||||
6 | are subject to the
provisions of paragraph (2) of | ||||||
7 | subsection (a) of Section 3-6-3.
| ||||||
8 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
9 | sentenced under
this Section returns to the jurisdiction of | ||||||
10 | the United States, the defendant
shall be recommitted to | ||||||
11 | the custody of the county from which he or she was
| ||||||
12 | sentenced.
Thereafter, the defendant shall be brought | ||||||
13 | before the sentencing court, which
may impose any sentence | ||||||
14 | that was available under Section 5-5-3 at the time of
| ||||||
15 | initial sentencing. In addition, the defendant shall not be | ||||||
16 | eligible for
additional sentence credit for good conduct as | ||||||
17 | provided under
Section 3-6-3.
| ||||||
18 | (m) A person convicted of criminal defacement of property | ||||||
19 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, in which the property damage exceeds | ||||||
21 | $300
and the property damaged is a school building, shall be | ||||||
22 | ordered to perform
community service that may include cleanup, | ||||||
23 | removal, or painting over the
defacement.
| ||||||
24 | (n) The court may sentence a person convicted of a | ||||||
25 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
26 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
2 | incarceration program if the person is otherwise eligible for | ||||||
3 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
4 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
5 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
6 | substance or alcohol abuse program licensed under that
Act. | ||||||
7 | (o) Whenever a person is convicted of a sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
9 | defendant's driver's license or permit shall be subject to | ||||||
10 | renewal on an annual basis in accordance with the provisions of | ||||||
11 | license renewal established by the Secretary of State.
| ||||||
12 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
13 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
14 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
15 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
16 | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | ||||||
17 | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
18 | eff. 1-25-13.)
| ||||||
19 | (730 ILCS 5/5-5-3.2)
| ||||||
20 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
21 | Sentencing.
| ||||||
22 | (a) The following factors shall be accorded weight in favor | ||||||
23 | of
imposing a term of imprisonment or may be considered by the | ||||||
24 | court as reasons
to impose a more severe sentence under Section | ||||||
25 | 5-8-1 or Article 4.5 of Chapter V:
|
| |||||||
| |||||||
1 | (1) the defendant's conduct caused or threatened | ||||||
2 | serious harm;
| ||||||
3 | (2) the defendant received compensation for committing | ||||||
4 | the offense;
| ||||||
5 | (3) the defendant has a history of prior delinquency or | ||||||
6 | criminal activity;
| ||||||
7 | (4) the defendant, by the duties of his office or by | ||||||
8 | his position,
was obliged to prevent the particular offense | ||||||
9 | committed or to bring
the offenders committing it to | ||||||
10 | justice;
| ||||||
11 | (5) the defendant held public office at the time of the | ||||||
12 | offense,
and the offense related to the conduct of that | ||||||
13 | office;
| ||||||
14 | (6) the defendant utilized his professional reputation | ||||||
15 | or
position in the community to commit the offense, or to | ||||||
16 | afford
him an easier means of committing it;
| ||||||
17 | (7) the sentence is necessary to deter others from | ||||||
18 | committing
the same crime;
| ||||||
19 | (8) the defendant committed the offense against a | ||||||
20 | person 60 years of age
or older or such person's property;
| ||||||
21 | (9) the defendant committed the offense against a | ||||||
22 | person who is
physically handicapped or such person's | ||||||
23 | property;
| ||||||
24 | (10) by reason of another individual's actual or | ||||||
25 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
26 | sexual orientation, physical or mental
disability, or |
| |||||||
| |||||||
1 | national origin, the defendant committed the offense | ||||||
2 | against (i)
the person or property
of that individual; (ii) | ||||||
3 | the person or property of a person who has an
association | ||||||
4 | with, is married to, or has a friendship with the other | ||||||
5 | individual;
or (iii) the person or property of a relative | ||||||
6 | (by blood or marriage) of a
person described in clause (i) | ||||||
7 | or (ii). For the purposes of this Section,
"sexual | ||||||
8 | orientation" means heterosexuality, homosexuality, or | ||||||
9 | bisexuality;
| ||||||
10 | (11) the offense took place in a place of worship or on | ||||||
11 | the
grounds of a place of worship, immediately prior to, | ||||||
12 | during or immediately
following worship services. For | ||||||
13 | purposes of this subparagraph, "place of
worship" shall | ||||||
14 | mean any church, synagogue or other building, structure or
| ||||||
15 | place used primarily for religious worship;
| ||||||
16 | (12) the defendant was convicted of a felony committed | ||||||
17 | while he was
released on bail or his own recognizance | ||||||
18 | pending trial for a prior felony
and was convicted of such | ||||||
19 | prior felony, or the defendant was convicted of a
felony | ||||||
20 | committed while he was serving a period of probation,
| ||||||
21 | conditional discharge, or mandatory supervised release | ||||||
22 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
23 | (13) the defendant committed or attempted to commit a | ||||||
24 | felony while he
was wearing a bulletproof vest. For the | ||||||
25 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
26 | device which is designed for the purpose of
protecting the |
| |||||||
| |||||||
1 | wearer from bullets, shot or other lethal projectiles;
| ||||||
2 | (14) the defendant held a position of trust or | ||||||
3 | supervision such as, but
not limited to, family member as | ||||||
4 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
5 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
6 | relation to a victim under 18 years of age, and the | ||||||
7 | defendant committed an
offense in violation of Section | ||||||
8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
9 | 11-14.4 except for an offense that involves keeping a place | ||||||
10 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
11 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
12 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012
against
that victim;
| ||||||
14 | (15) the defendant committed an offense related to the | ||||||
15 | activities of an
organized gang. For the purposes of this | ||||||
16 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
17 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
18 | Act;
| ||||||
19 | (16) the defendant committed an offense in violation of | ||||||
20 | one of the
following Sections while in a school, regardless | ||||||
21 | of the time of day or time of
year; on any conveyance | ||||||
22 | owned, leased, or contracted by a school to transport
| ||||||
23 | students to or from school or a school related activity; on | ||||||
24 | the real property
of a school; or on a public way within | ||||||
25 | 1,000 feet of the real property
comprising any school: | ||||||
26 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| |||||||
| |||||||
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 | (16.5) the defendant committed an offense in violation | ||||||
8 | of one of the
following Sections while in a day care | ||||||
9 | center, regardless of the time of day or
time of year; on | ||||||
10 | the real property of a day care center, regardless of the | ||||||
11 | time
of day or time of year; or on a public
way within | ||||||
12 | 1,000 feet of the real property comprising any day care | ||||||
13 | center,
regardless of the time of day or time of year:
| ||||||
14 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
15 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
16 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
17 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
18 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
19 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
20 | Criminal Code of 2012;
| ||||||
21 | (17) the defendant committed the offense by reason of | ||||||
22 | any person's
activity as a community policing volunteer or | ||||||
23 | to prevent any person from
engaging in activity as a | ||||||
24 | community policing volunteer. For the purpose of
this | ||||||
25 | Section, "community policing volunteer" has the meaning | ||||||
26 | ascribed to it in
Section 2-3.5 of the Criminal Code of |
| |||||||
| |||||||
1 | 2012;
| ||||||
2 | (18) the defendant committed the offense in a nursing | ||||||
3 | home or on the
real
property comprising a nursing home. For | ||||||
4 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
5 | skilled nursing
or intermediate long term care facility | ||||||
6 | that is subject to license by the
Illinois Department of | ||||||
7 | Public Health under the Nursing Home Care
Act, the | ||||||
8 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
9 | Community Care Act;
| ||||||
10 | (19) the defendant was a federally licensed firearm | ||||||
11 | dealer
and
was
previously convicted of a violation of | ||||||
12 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
13 | Identification Card Act before its repeal by this | ||||||
14 | amendatory Act of the 98th General Assembly and has now | ||||||
15 | committed either a felony
violation
of the Firearm Owners | ||||||
16 | Identification Card Act or an act of armed violence while
| ||||||
17 | armed
with a firearm; | ||||||
18 | (20) the defendant (i) committed the offense of | ||||||
19 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
21 | under the influence of alcohol, other drug or
drugs, | ||||||
22 | intoxicating compound or compounds or any combination | ||||||
23 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
24 | or a similar provision of a local ordinance and (ii) was | ||||||
25 | operating a motor vehicle in excess of 20 miles per hour | ||||||
26 | over the posted speed limit as provided in Article VI of |
| |||||||
| |||||||
1 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
2 | (21) the defendant (i) committed the offense of | ||||||
3 | reckless driving or aggravated reckless driving under | ||||||
4 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
5 | operating a motor vehicle in excess of 20 miles per hour | ||||||
6 | over the posted speed limit as provided in Article VI of | ||||||
7 | Chapter 11 of the Illinois Vehicle Code; | ||||||
8 | (22) the defendant committed the offense against a | ||||||
9 | person that the defendant knew, or reasonably should have | ||||||
10 | known, was a member of the Armed Forces of the United | ||||||
11 | States serving on active duty. For purposes of this clause | ||||||
12 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
13 | of the United States, including a member of any reserve | ||||||
14 | component thereof or National Guard unit called to active | ||||||
15 | duty;
| ||||||
16 | (23)
the defendant committed the offense against a | ||||||
17 | person who was elderly, disabled, or infirm by taking | ||||||
18 | advantage of a family or fiduciary relationship with the | ||||||
19 | elderly, disabled, or infirm person;
| ||||||
20 | (24)
the defendant committed any offense under Section | ||||||
21 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012 and possessed 100 or more images;
| ||||||
23 | (25) the defendant committed the offense while the | ||||||
24 | defendant or the victim was in a train, bus, or other | ||||||
25 | vehicle used for public transportation; | ||||||
26 | (26) the defendant committed the offense of child |
| |||||||
| |||||||
1 | pornography or aggravated child pornography, specifically | ||||||
2 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
3 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
5 | solicited for, depicted in, or posed in any act of sexual | ||||||
6 | penetration or bound, fettered, or subject to sadistic, | ||||||
7 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
8 | and specifically including paragraph (1), (2), (3), (4), | ||||||
9 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
10 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
11 | engaged in, solicited for, depicted in, or posed in any act | ||||||
12 | of sexual penetration or bound, fettered, or subject to | ||||||
13 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
14 | sexual context; | ||||||
15 | (27) the defendant committed the offense of first | ||||||
16 | degree murder, assault, aggravated assault, battery, | ||||||
17 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
18 | robbery against a person who was a veteran and the | ||||||
19 | defendant knew, or reasonably should have known, that the | ||||||
20 | person was a veteran performing duties as a representative | ||||||
21 | of a veterans' organization. For the purposes of this | ||||||
22 | paragraph (27), "veteran" means an Illinois resident who | ||||||
23 | has served as a member of the United States Armed Forces, a | ||||||
24 | member of the Illinois National Guard, or a member of the | ||||||
25 | United States Reserve Forces; and "veterans' organization" | ||||||
26 | means an organization comprised of members of
which |
| |||||||
| |||||||
1 | substantially all are individuals who are veterans or | ||||||
2 | spouses,
widows, or widowers of veterans, the primary | ||||||
3 | purpose of which is to
promote the welfare of its members | ||||||
4 | and to provide assistance to the general
public in such a | ||||||
5 | way as to confer a public benefit; or | ||||||
6 | (28) the defendant committed the offense of assault, | ||||||
7 | aggravated assault, battery, aggravated battery, robbery, | ||||||
8 | armed robbery, or aggravated robbery against a person that | ||||||
9 | the defendant knew or reasonably should have known was a | ||||||
10 | letter carrier or postal worker while that person was | ||||||
11 | performing his or her duties delivering mail for the United | ||||||
12 | States Postal Service. | ||||||
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 | "Public transportation" means the transportation
or | ||||||
21 | conveyance of persons by means available to the general public, | ||||||
22 | and includes paratransit services. | ||||||
23 | (b) The following factors, related to all felonies, may be | ||||||
24 | considered by the court as
reasons to impose an extended term | ||||||
25 | sentence under Section 5-8-2
upon any offender:
| ||||||
26 | (1) When a defendant is convicted of any felony, after |
| |||||||
| |||||||
1 | having
been previously convicted in Illinois or any other | ||||||
2 | jurisdiction of the
same or similar class felony or greater | ||||||
3 | class felony, when such conviction
has occurred within 10 | ||||||
4 | years after the
previous conviction, excluding time spent | ||||||
5 | in custody, and such charges are
separately brought and | ||||||
6 | tried and arise out of different series of acts; or
| ||||||
7 | (2) When a defendant is convicted of any felony and the | ||||||
8 | court
finds that the offense was accompanied by | ||||||
9 | exceptionally brutal
or heinous behavior indicative of | ||||||
10 | wanton cruelty; or
| ||||||
11 | (3) When a defendant is convicted of any felony | ||||||
12 | committed against:
| ||||||
13 | (i) a person under 12 years of age at the time of | ||||||
14 | the offense or such
person's property;
| ||||||
15 | (ii) a person 60 years of age or older at the time | ||||||
16 | of the offense or
such person's property; or
| ||||||
17 | (iii) a person physically handicapped at the time | ||||||
18 | of the offense or
such person's property; or
| ||||||
19 | (4) When a defendant is convicted of any felony and the | ||||||
20 | offense
involved any of the following types of specific | ||||||
21 | misconduct committed as
part of a ceremony, rite, | ||||||
22 | initiation, observance, performance, practice or
activity | ||||||
23 | of any actual or ostensible religious, fraternal, or social | ||||||
24 | group:
| ||||||
25 | (i) the brutalizing or torturing of humans or | ||||||
26 | animals;
|
| |||||||
| |||||||
1 | (ii) the theft of human corpses;
| ||||||
2 | (iii) the kidnapping of humans;
| ||||||
3 | (iv) the desecration of any cemetery, religious, | ||||||
4 | fraternal, business,
governmental, educational, or | ||||||
5 | other building or property; or
| ||||||
6 | (v) ritualized abuse of a child; or
| ||||||
7 | (5) When a defendant is convicted of a felony other | ||||||
8 | than conspiracy and
the court finds that
the felony was | ||||||
9 | committed under an agreement with 2 or more other persons
| ||||||
10 | to commit that offense and the defendant, with respect to | ||||||
11 | the other
individuals, occupied a position of organizer, | ||||||
12 | supervisor, financier, or any
other position of management | ||||||
13 | or leadership, and the court further finds that
the felony | ||||||
14 | committed was related to or in furtherance of the criminal
| ||||||
15 | activities of an organized gang or was motivated by the | ||||||
16 | defendant's leadership
in an organized gang; or
| ||||||
17 | (6) When a defendant is convicted of an offense | ||||||
18 | committed while using a firearm with a
laser sight attached | ||||||
19 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
20 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
21 | Code of
2012; or
| ||||||
22 | (7) When a defendant who was at least 17 years of age | ||||||
23 | at the
time of
the commission of the offense is convicted | ||||||
24 | of a felony and has been previously
adjudicated a | ||||||
25 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
26 | an act
that if committed by an adult would be a Class X or |
| |||||||
| |||||||
1 | Class 1 felony when the
conviction has occurred within 10 | ||||||
2 | years after the previous adjudication,
excluding time | ||||||
3 | spent in custody; or
| ||||||
4 | (8) When a defendant commits any felony and the | ||||||
5 | defendant used, possessed, exercised control over, or | ||||||
6 | otherwise directed an animal to assault a law enforcement | ||||||
7 | officer engaged in the execution of his or her official | ||||||
8 | duties or in furtherance of the criminal activities of an | ||||||
9 | organized gang in which the defendant is engaged.
| ||||||
10 | (c) The following factors may be considered by the court as | ||||||
11 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
12 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
13 | (1) When a defendant is convicted of first degree | ||||||
14 | murder, after having been previously convicted in Illinois | ||||||
15 | of any offense listed under paragraph (c)(2) of Section | ||||||
16 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
17 | within 10 years after the previous conviction, excluding | ||||||
18 | time spent in custody, and the charges are separately | ||||||
19 | brought and tried and arise out of different series of | ||||||
20 | acts. | ||||||
21 | (1.5) When a defendant is convicted of first degree | ||||||
22 | murder, after having been previously convicted of domestic | ||||||
23 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
24 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
25 | having been previously convicted of violation of an order | ||||||
26 | of protection (720 ILCS 5/12-30) in which the same victim |
| |||||||
| |||||||
1 | was the protected person. | ||||||
2 | (2) When a defendant is convicted of voluntary | ||||||
3 | manslaughter, second degree murder, involuntary | ||||||
4 | manslaughter, or reckless homicide in which the defendant | ||||||
5 | has been convicted of causing the death of more than one | ||||||
6 | individual. | ||||||
7 | (3) When a defendant is convicted of aggravated | ||||||
8 | criminal sexual assault or criminal sexual assault, when | ||||||
9 | there is a finding that aggravated criminal sexual assault | ||||||
10 | or criminal sexual assault was also committed on the same | ||||||
11 | victim by one or more other individuals, and the defendant | ||||||
12 | voluntarily participated in the crime with the knowledge of | ||||||
13 | the participation of the others in the crime, and the | ||||||
14 | commission of the crime was part of a single course of | ||||||
15 | conduct during which there was no substantial change in the | ||||||
16 | nature of the criminal objective. | ||||||
17 | (4) If the victim was under 18 years of age at the time | ||||||
18 | of the commission of the offense, when a defendant is | ||||||
19 | convicted of aggravated criminal sexual assault or | ||||||
20 | predatory criminal sexual assault of a child under | ||||||
21 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
22 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
24 | (5) When a defendant is convicted of a felony violation | ||||||
25 | of Section 24-0.1 or 24-1 of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
| |||||||
| |||||||
1 | finding that the defendant is a member of an organized | ||||||
2 | gang. | ||||||
3 | (6) When a defendant was convicted of unlawful use of | ||||||
4 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
6 | a weapon that is not readily distinguishable as one of the | ||||||
7 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
9 | (7) When a defendant is convicted of an offense | ||||||
10 | involving the illegal manufacture of a controlled | ||||||
11 | substance under Section 401 of the Illinois Controlled | ||||||
12 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
13 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
14 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
15 | the illegal possession of explosives and an emergency | ||||||
16 | response officer in the performance of his or her duties is | ||||||
17 | killed or injured at the scene of the offense while | ||||||
18 | responding to the emergency caused by the commission of the | ||||||
19 | offense. In this paragraph, "emergency" means a situation | ||||||
20 | in which a person's life, health, or safety is in jeopardy; | ||||||
21 | and "emergency response officer" means a peace officer, | ||||||
22 | community policing volunteer, fireman, emergency medical | ||||||
23 | technician-ambulance, emergency medical | ||||||
24 | technician-intermediate, emergency medical | ||||||
25 | technician-paramedic, ambulance driver, other medical | ||||||
26 | assistance or first aid personnel, or hospital emergency |
| |||||||
| |||||||
1 | room personnel.
| ||||||
2 | (d) For the purposes of this Section, "organized gang" has | ||||||
3 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
4 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
5 | (e) The court may impose an extended term sentence under | ||||||
6 | Article 4.5 of Chapter V upon an offender who has been | ||||||
7 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
9 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | when the victim of the offense is under 18 years of age at the | ||||||
11 | time of the commission of the offense and, during the | ||||||
12 | commission of the offense, the victim was under the influence | ||||||
13 | of alcohol, regardless of whether or not the alcohol was | ||||||
14 | supplied by the offender; and the offender, at the time of the | ||||||
15 | commission of the offense, knew or should have known that the | ||||||
16 | victim had consumed alcohol. | ||||||
17 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
18 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
19 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
20 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
21 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
22 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||||||
23 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
24 | 1-25-13.) | ||||||
25 | Section 130. The Stalking No Contact Order Act is amended |
| |||||||
| |||||||
1 | by changing Section 80 as follows: | ||||||
2 | (740 ILCS 21/80)
| ||||||
3 | Sec. 80. Stalking no contact orders; remedies. | ||||||
4 | (a) If the court finds that the petitioner has been a | ||||||
5 | victim of stalking, a stalking no contact order shall issue; | ||||||
6 | provided that the petitioner must also satisfy the requirements | ||||||
7 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
8 | orders. The petitioner shall not be denied a stalking no | ||||||
9 | contact order because the petitioner or the respondent is a | ||||||
10 | minor. The court, when determining whether or not to issue a | ||||||
11 | stalking no contact order, may not require physical injury on | ||||||
12 | the person of the petitioner. Modification and extension of | ||||||
13 | prior stalking no contact orders shall be in accordance with | ||||||
14 | this Act. | ||||||
15 | (b) A stalking no contact order shall order one or more of | ||||||
16 | the following: | ||||||
17 | (1) prohibit the respondent from threatening to commit | ||||||
18 | or committing stalking; | ||||||
19 | (2) order the respondent not to have any contact with | ||||||
20 | the petitioner or a third person specifically named by the | ||||||
21 | court; | ||||||
22 | (3) prohibit the respondent from knowingly coming | ||||||
23 | within, or knowingly remaining within a specified distance | ||||||
24 | of the petitioner or the petitioner's residence, school, | ||||||
25 | daycare, or place of employment, or any specified place |
| |||||||
| |||||||
1 | frequented by the petitioner; however, the court may order | ||||||
2 | the respondent to stay away from the respondent's own | ||||||
3 | residence, school, or place of employment only if the | ||||||
4 | respondent has been provided actual notice of the | ||||||
5 | opportunity to appear and be heard on the petition; | ||||||
6 | (4) prohibit the respondent from possessing a Firearm | ||||||
7 | Owners Identification Card, or possessing or buying | ||||||
8 | firearms; and | ||||||
9 | (5) order other injunctive relief the court determines | ||||||
10 | to be necessary to protect the petitioner or third party | ||||||
11 | specifically named by the court. | ||||||
12 | (b-5) When the petitioner and the respondent attend the | ||||||
13 | same public, private, or non-public elementary, middle, or high | ||||||
14 | school, the court when issuing a stalking no contact order and | ||||||
15 | providing relief shall consider the severity of the act, any | ||||||
16 | continuing physical danger or emotional distress to the | ||||||
17 | petitioner, the educational rights guaranteed to the | ||||||
18 | petitioner and respondent under federal and State law, the | ||||||
19 | availability of a transfer of the respondent to another school, | ||||||
20 | a change of placement or a change of program of the respondent, | ||||||
21 | the expense, difficulty, and educational disruption that would | ||||||
22 | be caused by a transfer of the respondent to another school, | ||||||
23 | and any other relevant facts of the case. The court may order | ||||||
24 | that the respondent not attend the public, private, or | ||||||
25 | non-public elementary, middle, or high school attended by the | ||||||
26 | petitioner, order that the respondent accept a change of |
| |||||||
| |||||||
1 | placement or program, as determined by the school district or | ||||||
2 | private or non-public school, or place restrictions on the | ||||||
3 | respondent's movements within the school attended by the | ||||||
4 | petitioner.
The respondent bears the burden of proving by a | ||||||
5 | preponderance of the evidence that a transfer, change of | ||||||
6 | placement, or change of program of the respondent is not | ||||||
7 | available. The respondent also bears the burden of production | ||||||
8 | with respect to the expense, difficulty, and educational | ||||||
9 | disruption that would be caused by a transfer of the respondent | ||||||
10 | to another school. A transfer, change of placement, or change | ||||||
11 | of program is not unavailable to the respondent solely on the | ||||||
12 | ground that the respondent does not agree with the school | ||||||
13 | district's or private or non-public school's transfer, change | ||||||
14 | of placement, or change of program or solely on the ground that | ||||||
15 | the respondent fails or refuses to consent to or otherwise does | ||||||
16 | not take an action required to effectuate a transfer, change of | ||||||
17 | placement, or change of program.
When a court orders a | ||||||
18 | respondent to stay away from the public, private, or non-public | ||||||
19 | school attended by the petitioner and the respondent requests a | ||||||
20 | transfer to another attendance center within the respondent's | ||||||
21 | school district or private or non-public school, the school | ||||||
22 | district or private or non-public school shall have sole | ||||||
23 | discretion to determine the attendance center to which the | ||||||
24 | respondent is transferred.
In the event the court order results | ||||||
25 | in a transfer of the minor respondent to another attendance | ||||||
26 | center, a change in the respondent's placement, or a change of |
| |||||||
| |||||||
1 | the respondent's program, the parents, guardian, or legal | ||||||
2 | custodian of the respondent is responsible for transportation | ||||||
3 | and other costs associated with the transfer or change. | ||||||
4 | (b-6) The court may order the parents, guardian, or legal | ||||||
5 | custodian of a minor respondent to take certain actions or to | ||||||
6 | refrain from taking certain actions to ensure that the | ||||||
7 | respondent complies with the order. In the event the court | ||||||
8 | orders a transfer of the respondent to another school, the | ||||||
9 | parents, guardian, or legal custodian of the respondent are | ||||||
10 | responsible for transportation and other costs associated with | ||||||
11 | the change of school by the respondent. | ||||||
12 | (b-7) The court shall not hold a school district or private | ||||||
13 | or non-public school or any of its employees in civil or | ||||||
14 | criminal contempt unless the school district or private or | ||||||
15 | non-public school has been allowed to intervene. | ||||||
16 | (b-8) The court may hold the parents, guardian, or legal | ||||||
17 | custodian of a minor respondent in civil or criminal contempt | ||||||
18 | for a violation of any provision of any order entered under | ||||||
19 | this Act for conduct of the minor respondent in violation of | ||||||
20 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
21 | encouraged, or assisted the respondent minor in such conduct. | ||||||
22 | (c) The court may award the petitioner costs and attorneys | ||||||
23 | fees if a stalking no contact order is granted. | ||||||
24 | (d) Monetary damages are not recoverable as a remedy. | ||||||
25 | (e) If the stalking no contact order prohibits the | ||||||
26 | respondent from possessing a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card, or possessing or buying firearms; the court shall | ||||||
2 | confiscate the respondent's Firearm Owner's Identification | ||||||
3 | Card and immediately return the card to the Department of State | ||||||
4 | Police Firearm Owner's Identification Card Office.
| ||||||
5 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
6 | 97-1131, eff. 1-1-13.) | ||||||
7 | Section 135. The Mental Health and Developmental | ||||||
8 | Disabilities Confidentiality Act is amended by changing | ||||||
9 | Section 12 as follows:
| ||||||
10 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
11 | Sec. 12. (a) If the United States Secret Service or the | ||||||
12 | Department of
State Police requests information from a mental | ||||||
13 | health or developmental
disability facility, as defined in | ||||||
14 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
15 | Disabilities Code, relating to a specific
recipient and the | ||||||
16 | facility director determines that disclosure of such
| ||||||
17 | information may be necessary to protect the life of, or to | ||||||
18 | prevent
the infliction of great bodily harm to, a public | ||||||
19 | official,
or a person under the protection of the United
States | ||||||
20 | Secret Service, only the following information
may be | ||||||
21 | disclosed: the recipient's name, address, and age and the date | ||||||
22 | of
any admission to or discharge from a facility; and any | ||||||
23 | information which
would indicate whether or not the recipient | ||||||
24 | has a history of violence or
presents a danger of violence to |
| |||||||
| |||||||
1 | the person under protection. Any information
so disclosed shall | ||||||
2 | be used for investigative purposes only and shall not
be | ||||||
3 | publicly disseminated.
Any person participating in good faith | ||||||
4 | in the disclosure of such
information in accordance with this | ||||||
5 | provision shall have immunity from any
liability, civil, | ||||||
6 | criminal or otherwise, if such information is disclosed
relying | ||||||
7 | upon the representation of an officer of the United States | ||||||
8 | Secret
Service or the Department of State Police that a person | ||||||
9 | is under the
protection of the United States Secret Service or | ||||||
10 | is a public official.
| ||||||
11 | For the purpose of this subsection (a), the term "public | ||||||
12 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
13 | General, Secretary of State,
State Comptroller, State | ||||||
14 | Treasurer, member of the General Assembly, member of the United | ||||||
15 | States Congress, Judge of the United States as defined in 28 | ||||||
16 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
17 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
18 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
19 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
20 | Illinois. The
term shall also include the spouse, child or | ||||||
21 | children of a public official.
| ||||||
22 | (b) The Department of Human Services (acting as successor | ||||||
23 | to the
Department of Mental Health and Developmental | ||||||
24 | Disabilities) and all
public or private hospitals and mental | ||||||
25 | health facilities are required, as hereafter described in this | ||||||
26 | subsection,
to furnish the Department of State Police only such |
| |||||||
| |||||||
1 | information as may
be required for the sole purpose of | ||||||
2 | determining whether an individual who
may be or may have been a | ||||||
3 | patient is disqualified because of that status
from receiving | ||||||
4 | or retaining a firearm under paragraph (7) of subsection (a) of | ||||||
5 | Section 24-0.1 of the Criminal Code of 2012 Firearm Owner's | ||||||
6 | Identification Card under
subsection (e) or (f) of Section 8 of | ||||||
7 | the Firearm Owners Identification Card
Act or 18 U.S.C. 922(g) | ||||||
8 | and (n). All public or private hospitals and mental health | ||||||
9 | facilities shall, in the form and manner required
by the | ||||||
10 | Department, provide the such information as shall be necessary | ||||||
11 | for the
Department to comply with the reporting requirements to | ||||||
12 | the Department of
State Police. The Such information shall be | ||||||
13 | furnished within 7 days after
admission to a public or private | ||||||
14 | hospital or mental health facility or the provision of services | ||||||
15 | to a patient described in clause (2) of this subsection (b). | ||||||
16 | Any such information disclosed under
this subsection shall
| ||||||
17 | remain privileged and confidential, and shall not be | ||||||
18 | redisclosed, except as required by clause (e)(2) of Section | ||||||
19 | 24-4.5 of the Criminal Code of 2012 3.1 of the Firearm Owners | ||||||
20 | Identification Card Act , nor utilized
for any other purpose. | ||||||
21 | The method of requiring the providing of this such
information | ||||||
22 | shall guarantee that no information is released beyond what
is | ||||||
23 | necessary for this purpose. In addition, the information | ||||||
24 | disclosed
shall be provided
by the Department within the time | ||||||
25 | period established by Section 24-3 of the
Criminal Code of 2012 | ||||||
26 | regarding the delivery of firearms. The method used
shall be |
| |||||||
| |||||||
1 | sufficient to provide the necessary information within the
| ||||||
2 | prescribed time period, which may include periodically | ||||||
3 | providing
lists to the Department of Human Services
or any | ||||||
4 | public or private hospital or mental health facility of Firearm | ||||||
5 | Owner's Identification Card applicants
for firearm purchases | ||||||
6 | on which the Department or hospital shall indicate the | ||||||
7 | identities of those
individuals who are to its knowledge | ||||||
8 | disqualified from having a firearm Firearm
Owner's | ||||||
9 | Identification Card for reasons described herein. The | ||||||
10 | Department
may provide for a centralized source
of information | ||||||
11 | for the State on this subject under its jurisdiction.
| ||||||
12 | Any person, institution, or agency, under this Act, | ||||||
13 | participating in
good faith in the reporting or disclosure of | ||||||
14 | records and communications
otherwise in accordance with this | ||||||
15 | provision or with rules, regulations or
guidelines issued by | ||||||
16 | the Department shall have immunity from any
liability, civil, | ||||||
17 | criminal or otherwise, that might result by reason of the
| ||||||
18 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
19 | arising out of a report or disclosure in accordance with this | ||||||
20 | provision,
the good faith of any person,
institution, or agency | ||||||
21 | so reporting or disclosing shall be presumed. The
full extent | ||||||
22 | of the immunity provided in this subsection (b) shall apply to
| ||||||
23 | any person, institution or agency that fails to make a report | ||||||
24 | or disclosure
in the good faith belief that the report or | ||||||
25 | disclosure would violate
federal regulations governing the | ||||||
26 | confidentiality of alcohol and drug abuse
patient records |
| |||||||
| |||||||
1 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
2 | For purposes of this subsection (b) only, the following | ||||||
3 | terms shall have
the meaning prescribed:
| ||||||
4 | (1) "Hospital" means only that type of institution | ||||||
5 | which is providing
full-time residential facilities and | ||||||
6 | treatment.
| ||||||
7 | (2) "Patient" shall include only: (i) a person who is | ||||||
8 | an in-patient or resident of any public or private hospital | ||||||
9 | or mental health facility or (ii) a person who is an | ||||||
10 | out-patient or provided services by a public or private | ||||||
11 | hospital or mental health facility whose mental condition | ||||||
12 | is of such a nature that it is manifested by violent, | ||||||
13 | suicidal, threatening, or assaultive behavior or reported | ||||||
14 | behavior, for which there is a reasonable belief by a | ||||||
15 | physician, clinical psychologist, or qualified examiner | ||||||
16 | that the condition poses a clear and present or imminent | ||||||
17 | danger to the patient, any other person or the community | ||||||
18 | meaning the patient's condition poses a clear and present | ||||||
19 | danger in accordance with subsection
(f) of Section 8 of | ||||||
20 | the Firearm Owners Identification Card Act . The terms | ||||||
21 | physician, clinical psychologist, and qualified examiner | ||||||
22 | are defined in Sections 1-120, 1-103, and 1-122 of the | ||||||
23 | Mental Health and Developmental Disabilities Code.
| ||||||
24 | (3) "Mental health facility" is defined by Section | ||||||
25 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (c) Upon the request of a peace officer who takes a person | ||||||
2 | into custody
and transports such person to a mental health or | ||||||
3 | developmental disability
facility pursuant to Section 3-606 or | ||||||
4 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
5 | or who transports a person from such facility,
a facility | ||||||
6 | director shall furnish said peace officer the name, address, | ||||||
7 | age
and name of the nearest relative of the person transported | ||||||
8 | to or from the
mental health or developmental disability | ||||||
9 | facility. In no case shall the
facility director disclose to | ||||||
10 | the peace officer any information relating to the
diagnosis, | ||||||
11 | treatment or evaluation of the person's mental or physical | ||||||
12 | health.
| ||||||
13 | For the purposes of this subsection (c), the terms "mental | ||||||
14 | health or
developmental disability facility", "peace officer" | ||||||
15 | and "facility director"
shall have the meanings ascribed to | ||||||
16 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
17 | (d) Upon the request of a peace officer or prosecuting | ||||||
18 | authority who is
conducting a bona fide investigation of a | ||||||
19 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
20 | justice,
a facility director may disclose whether a person is | ||||||
21 | present at the facility.
Upon request of a peace officer or | ||||||
22 | prosecuting authority who has a valid
forcible felony warrant | ||||||
23 | issued, a facility director shall disclose: (1) whether
the | ||||||
24 | person who is the subject of the warrant is present at the | ||||||
25 | facility and (2)
the
date of that person's discharge or future | ||||||
26 | discharge from the facility.
The requesting peace officer or |
| |||||||
| |||||||
1 | prosecuting authority must furnish a case
number and the | ||||||
2 | purpose of the investigation or an outstanding arrest warrant | ||||||
3 | at
the time of the request. Any person, institution, or agency
| ||||||
4 | participating in good faith in disclosing such information in | ||||||
5 | accordance with
this subsection (d) is immune from any | ||||||
6 | liability, civil, criminal or
otherwise, that might result by | ||||||
7 | reason of the action.
| ||||||
8 | (Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
| ||||||
9 | Section 140. The Uniform Disposition of Unclaimed Property | ||||||
10 | Act is amended by changing Section 1 as follows:
| ||||||
11 | (765 ILCS 1025/1) (from Ch. 141, par. 101)
| ||||||
12 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
13 | requires:
| ||||||
14 | (a) "Banking organization" means any bank, trust company, | ||||||
15 | savings bank,
industrial bank, land bank, safe deposit company, | ||||||
16 | or a private banker.
| ||||||
17 | (b) "Business association" means any corporation, joint | ||||||
18 | stock company,
business trust, partnership, or any
| ||||||
19 | association, limited liability company, or other business | ||||||
20 | entity consisting
of one or more persons, whether or not for | ||||||
21 | profit.
| ||||||
22 | (c) "Financial organization" means any savings and loan | ||||||
23 | association,
building and loan association, credit union, | ||||||
24 | currency exchange,
co-operative bank, mutual funds, or |
| |||||||
| |||||||
1 | investment company.
| ||||||
2 | (d) "Holder" means any person in possession of property | ||||||
3 | subject to this
Act belonging to another, or who is trustee in | ||||||
4 | case of a trust, or is
indebted to another on an obligation | ||||||
5 | subject to this Act.
| ||||||
6 | (e) "Life insurance corporation" means any association or | ||||||
7 | corporation
transacting the business of insurance on the lives | ||||||
8 | of
persons or insurance appertaining thereto, including, but | ||||||
9 | not by way of
limitation, endowments and annuities.
| ||||||
10 | (f) "Owner" means a depositor in case of a deposit, a | ||||||
11 | beneficiary in
case of a trust, a creditor, claimant, or payee | ||||||
12 | in case of other property, or any person having a legal or | ||||||
13 | equitable interest in property
subject to this Act, or his | ||||||
14 | legal representative.
| ||||||
15 | (g) "Person" means any individual, business association, | ||||||
16 | financial
organization, government or
political subdivision or | ||||||
17 | agency, public authority,
estate, trust, or any other legal or
| ||||||
18 | commercial entity.
| ||||||
19 | (h) "Utility" means any person who owns or operates,
for | ||||||
20 | public use, any plant, equipment, property, franchise, or | ||||||
21 | license for
the transmission of communications or the | ||||||
22 | production, storage,
transmission, sale, delivery, or | ||||||
23 | furnishing of electricity, water,
steam, oil or gas.
| ||||||
24 | (i) (Blank).
| ||||||
25 | (j) "Insurance company" means any person transacting the | ||||||
26 | kinds of
business enumerated in Section 4 of the Illinois |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Insurance Code other than
life insurance.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (k) "Economic loss", as used in Sections 2a and 9 of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Act includes,
but is not limited to,
delivery charges, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | mark-downs and write-offs, carrying
costs, restocking charges, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | lay-aways, special orders, issuance of credit memos,
and the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | costs of special services or goods
provided that reduce the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | property value or that result in lost sales
opportunity.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (l) "Reportable property" means property, tangible or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | intangible, presumed
abandoned under this Act that must be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | appropriately and timely reported and
remitted to the Office of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the State Treasurer under this
Act. Interest, dividends, stock | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | splits,
warrants, or other rights that become reportable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | property under this Act
include the underlying security or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | commodity giving rise to the interest,
dividend, split, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | warrant, or other right to which the owner would be entitled.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (m) "Firearm" has the meaning ascribed to that term in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Identification Card Act .
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | eff. 6-2-00.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | becoming law.
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