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1 | AN ACT concerning firearms, which may be referred to as the | ||||||||||||||||||||||||
2 | Illinois Public Safety Act.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 1. Legislative findings; purpose and intent. The | ||||||||||||||||||||||||
6 | General Assembly finds and declares: | ||||||||||||||||||||||||
7 | (1) Gun violence takes an extraordinary toll on families | ||||||||||||||||||||||||
8 | and communities in Illinois. In 2007, over 1,000 individuals | ||||||||||||||||||||||||
9 | died from firearm-related injuries in this State. In that same | ||||||||||||||||||||||||
10 | year, incidents of gun murders, gun suicides, and unintentional | ||||||||||||||||||||||||
11 | shootings in Illinois killed 150 children and adolescents ages | ||||||||||||||||||||||||
12 | 19 and younger. | ||||||||||||||||||||||||
13 | (2) Existing federal firearm laws have proven insufficient | ||||||||||||||||||||||||
14 | to prevent dangerous individuals from obtaining, carrying, and | ||||||||||||||||||||||||
15 | using firearms in public places. | ||||||||||||||||||||||||
16 | (3) The federal Brady Handgun Violence Prevention Act | ||||||||||||||||||||||||
17 | allows unlicensed private sellers of firearms, who account for | ||||||||||||||||||||||||
18 | 40% of firearms sold in the U.S., to sell firearms without | ||||||||||||||||||||||||
19 | performing a background check on the prospective purchaser. | ||||||||||||||||||||||||
20 | Federal law does not require sellers to report sales of | ||||||||||||||||||||||||
21 | firearms to law enforcement. In fact, federal law does not even | ||||||||||||||||||||||||
22 | allow the Federal Bureau of Investigation to maintain records | ||||||||||||||||||||||||
23 | of approved gun purchasers for more than 24 hours. Federal law | ||||||||||||||||||||||||
24 | also provides no comprehensive system of firearm registration, |
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1 | and does not require firearm owners to report to law | ||||||
2 | enforcement if their firearms are lost or stolen. | ||||||
3 | (4) Background checks performed by licensed dealers have | ||||||
4 | proven to be extremely effective at keeping guns out of the | ||||||
5 | hands of prohibited persons. Since the federal background check | ||||||
6 | requirement was adopted in 1994, over 1.9 million criminals and | ||||||
7 | other prohibited persons across the United States have been | ||||||
8 | prohibited from buying guns. In 2010 alone, 70,972 gun | ||||||
9 | transfers were denied using the federal background check | ||||||
10 | system. Nevertheless, individuals prohibited by law from | ||||||
11 | possessing guns can easily obtain them from private sellers. | ||||||
12 | Universal background checks will help ensure that all persons | ||||||
13 | buying guns are legally eligible to do so. | ||||||
14 | (5) Firearm registration laws, which require individuals | ||||||
15 | to record their ownership or possession of a firearm with a | ||||||
16 | designated law enforcement agency, and laws requiring sellers | ||||||
17 | to report firearm sales to a centralized database help law | ||||||
18 | enforcement quickly and reliably trace the source of firearms | ||||||
19 | recovered from crime scenes, and retrieve firearms from persons | ||||||
20 | who have become legally prohibited from possessing the firearms | ||||||
21 | through criminal
convictions or other prohibitions. These laws | ||||||
22 | also discourage illegal firearm sales by creating | ||||||
23 | accountability for gun owners, and help law enforcement return | ||||||
24 | lost or stolen firearms to their rightful owners. Furthermore, | ||||||
25 | information generated by firearm sales reporting and | ||||||
26 | registration systems help protect law enforcement officers |
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1 | responding to an incident by providing them with information | ||||||
2 | about firearms that may be present at the scene. | ||||||
3 | (6) States with some form of registration and licensing | ||||||
4 | systems have greater success keeping firearms from being used | ||||||
5 | in crimes than states without these systems. Illinois currently | ||||||
6 | has a licensing system through the Firearm Owners | ||||||
7 | Identification Card Act, but no system of firearm registration. | ||||||
8 | (7) Laws requiring the reporting of lost or stolen firearms | ||||||
9 | make gun owners more accountable for their firearms and are | ||||||
10 | beneficial to law enforcement because these laws: | ||||||
11 | (A) help deter and prosecute gun traffickers and | ||||||
12 | criminals who often falsely claim that a gun used in a | ||||||
13 | crime that has been traced to them was lost or stolen in | ||||||
14 | order to hide his or her involvement in the crime; | ||||||
15 | (B) help disarm persons ineligible to possess firearms | ||||||
16 | by deterring a person in a prohibited category from falsely | ||||||
17 | claiming that his or her firearm was lost or stolen; and | ||||||
18 | (C) help return lost or stolen firearms to their | ||||||
19 | owners. | ||||||
20 | (8) Firearms carried or possessed in public places increase | ||||||
21 | the risk of deaths and injuries by increasing the chances that | ||||||
22 | firearms will be used to settle disputes, and increase the risk | ||||||
23 | of accidental shootings in places where large numbers of people | ||||||
24 | are gathered. The carrying or possession of firearms in public | ||||||
25 | places also increase the risk that those firearms will be lost | ||||||
26 | or stolen, and end up in the hands of criminals or other |
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1 | persons ineligible to possess firearms. | ||||||
2 | (9) Flawed application processes in existing state systems | ||||||
3 | for licensing individuals to carry concealed weapons (CCW) have | ||||||
4 | allowed numerous persons prohibited from possessing firearms | ||||||
5 | to receive CCW permits. Analyses have found that numerous | ||||||
6 | criminals including rapists, armed robbers, and individuals | ||||||
7 | who had pleaded guilty or no contest to felonies, individuals | ||||||
8 | with outstanding warrants, persons with active domestic | ||||||
9 | violence injunctions against them, and 6 registered sex | ||||||
10 | offenders had been issued CCW licenses under other state's | ||||||
11 | permissive CCW laws. | ||||||
12 | (10) Research has shown that individuals issued CCW permits | ||||||
13 | include not only persons who have committed violent crimes in | ||||||
14 | the past, but also those who subsequently commit violent | ||||||
15 | crimes. One study found that Texas CCW permit holders were | ||||||
16 | arrested for weapons-related crimes at a rate 81% higher than | ||||||
17 | that of the state's general adult population. According to the | ||||||
18 | Violence Policy Center (VPC), between May 2007 and March 2012, | ||||||
19 | individuals licensed to carry concealed weapons killed at least | ||||||
20 | 11 law enforcement officers and 391 private citizens, including | ||||||
21 | 31 shooters who killed themselves after an attack. | ||||||
22 | (11) It is the purpose and intent of the General Assembly | ||||||
23 | to strengthen State firearm laws by: | ||||||
24 | (A) requiring all firearm purchasers to be subject to a | ||||||
25 | background check; | ||||||
26 | (B) requiring all firearm dealers and ammunition |
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1 | sellers to obtain a state license and report gun sales; | ||||||
2 | (C) enact a comprehensive system of firearm | ||||||
3 | registration; | ||||||
4 | (D) requiring the State Police to maintain records of | ||||||
5 | gun sales; | ||||||
6 | (E) requiring gun owners to report all lost or stolen | ||||||
7 | firearms; and | ||||||
8 | (F) licensing and restricting the carrying of firearms | ||||||
9 | in public places. | ||||||
10 | (12) The General Assembly believes that these restrictions | ||||||
11 | will: | ||||||
12 | (A) help
keep guns out of the hands of felons, domestic | ||||||
13 | abusers, the mentally ill, and other prohibited persons; | ||||||
14 | (B) discourage illegal gun sales and gun trafficking; | ||||||
15 | (C) help law enforcement solve gun crimes; and | ||||||
16 | (D) reduce gun deaths and injuries and increase public | ||||||
17 | safety. | ||||||
18 | (13) The General Assembly further believes it is necessary | ||||||
19 | to restrict the carrying of firearms in public places to | ||||||
20 | individuals who have demonstrated a particularized need to | ||||||
21 | carry a firearm in public, because they are exposed to unusual | ||||||
22 | personal danger which is distinct from other members of the | ||||||
23 | community. | ||||||
24 | Section 5. Short title. This Act may be referred to as the | ||||||
25 | Gun Safety and Responsibility Act. |
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1 | Section 10. Definitions. As used in this Act: | ||||||
2 | "Concealed firearm" means a loaded or unloaded handgun | ||||||
3 | carried on or about a person completely or mostly concealed | ||||||
4 | from view of the public, or carried in a vehicle in such a way | ||||||
5 | as it is concealed from view of the public. | ||||||
6 | "Department" means the Department of State Police. | ||||||
7 | "Director" means the Director of State Police. | ||||||
8 | "Fund" means the State Police Firearm Services Fund. | ||||||
9 | "Handgun" means any device which is designed to expel a | ||||||
10 | projectile or projectiles by the action of an explosion, | ||||||
11 | expansion of gas, or escape of gas that is designed to be held | ||||||
12 | and fired by the use of a single hand, and includes a | ||||||
13 | combination of parts from which this type of firearm can be | ||||||
14 | assembled. "Handgun" does not include a stun gun or taser. | ||||||
15 | "License", "permit", "concealed carry license", or | ||||||
16 | "concealed carry permit" means a license issued by the | ||||||
17 | Department of State Police to carry a loaded or unloaded | ||||||
18 | concealed firearm. | ||||||
19 | "Licensee" means a person issued a license to carry a | ||||||
20 | concealed firearm. | ||||||
21 | "Peace officer" has the same meaning as provided in Section | ||||||
22 | 2-13 of the Criminal Code of 2012. | ||||||
23 | Section 15. Issuance of license to carry a concealed | ||||||
24 | firearm. |
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1 | (a) The Department may issue a license to an applicant who: | ||||||
2 | (1) meets the qualifications of Section 20; | ||||||
3 | (2) has provided the application and documentation | ||||||
4 | required in Section 25; and | ||||||
5 | (3) has submitted the required fees. | ||||||
6 | (b) The Department may issue a renewal, corrected, or | ||||||
7 | duplicate license in accordance with this Act. | ||||||
8 | (c) A licensee shall possess his or her license at all | ||||||
9 | times the licensee is carrying a concealed firearm unless: | ||||||
10 | (1) the person is carrying or possessing a concealed | ||||||
11 | firearm and the person is on his or her land or in his or | ||||||
12 | her abode or legal dwelling or in the abode or legal | ||||||
13 | dwelling of another person as an invitee with that person's | ||||||
14 | permission; | ||||||
15 | (2) the person is authorized to carry a concealed | ||||||
16 | firearm under Section 24-2 of the Criminal Code of 2012; or | ||||||
17 | (3) the handgun is broken down in a non-functioning | ||||||
18 | state, is not immediately accessible, or is enclosed in a | ||||||
19 | firearm case, carrying box, shipping box, or other similar | ||||||
20 | portable container designed for the safe transportation of | ||||||
21 | firearms. | ||||||
22 | (d) A licensee shall display the license upon the request | ||||||
23 | of a peace officer or person designated to enforce the | ||||||
24 | provisions of Section 55. | ||||||
25 | (e) An applicant shall sufficiently demonstrate, in the | ||||||
26 | judgment of the Department that: |
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1 | (1) he or she has a particularized need for the | ||||||
2 | license; | ||||||
3 | (2) he or she is a responsible person; and | ||||||
4 | (3) the issuance of the license is in the public's | ||||||
5 | interest. | ||||||
6 | (f) The Department shall make applications for a license | ||||||
7 | available no later than 180 days after the effective date of | ||||||
8 | this Act. Applications shall be available at Department | ||||||
9 | locations, sheriff offices, on the Department's official | ||||||
10 | website, and any other location designated by the Department. | ||||||
11 | (g) A completed application for a license shall be | ||||||
12 | submitted to the Department with all accompanying materials and | ||||||
13 | fees. The Department shall review the application and all | ||||||
14 | accompanying materials, within 90 days of receipt. The | ||||||
15 | Department shall promptly return an incomplete application to | ||||||
16 | the applicant. An applicant for a license or renewal shall | ||||||
17 | submit a $100 application or renewal fee for expenses related | ||||||
18 | to receiving and reviewing applications, of which $75 shall be | ||||||
19 | deposited into the State Police Firearm Services Fund. The | ||||||
20 | remaining $25 shall be deposited into the LEADS Maintenance | ||||||
21 | Fund. | ||||||
22 | (h) The Department shall by rule develop a method of | ||||||
23 | notifying the sheriff and municipal police department in the | ||||||
24 | county and municipality where an applicant resides of the name, | ||||||
25 | address, and date of birth of any person submitting an | ||||||
26 | application for a license. The sheriff and municipal police |
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1 | department may submit to the Department an objection to an | ||||||
2 | application, provided the objection is in writing and includes | ||||||
3 | specific reasons for the objection. Any objection submitted by | ||||||
4 | a sheriff or municipal police department, including reports, | ||||||
5 | must be disclosed to the applicant unless disclosure would | ||||||
6 | interfere with a criminal investigation, or as determined by | ||||||
7 | the Department, disclosure may threaten the safety or welfare | ||||||
8 | of the sheriff, municipal police department, or employees of | ||||||
9 | the sheriff or municipal police department. | ||||||
10 | (i) Notwithstanding subsection (a), the Department may | ||||||
11 | consider any objection or recommendation made by the sheriff or | ||||||
12 | municipal police department and may determine the applicant is | ||||||
13 | ineligible based solely on those objections. If the applicant | ||||||
14 | is found by the Department to be ineligible, the Department | ||||||
15 | shall deny the application and
notify the applicant and the | ||||||
16 | sheriff or municipal police department in writing, stating the | ||||||
17 | grounds for denial. The notice of denial must inform the | ||||||
18 | applicant that he or she may, within 90 days, appeal the denial
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19 | and submit additional materials relevant to the grounds for | ||||||
20 | denial. Upon receiving the additional documentation, the | ||||||
21 | Department shall reconsider its decision and inform the
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22 | applicant within 90 days of the result of the reconsideration. | ||||||
23 | If upon reconsideration the Department denies the application, | ||||||
24 | the applicant must be informed of the right to administrative | ||||||
25 | review. | ||||||
26 | (j) A license shall be valid throughout the State for a |
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1 | period of 4 years. | ||||||
2 | (k) The Department shall adopt rules to implement the | ||||||
3 | provisions of this Section. | ||||||
4 | Section 20. Qualifications for a concealed carry | ||||||
5 | applicant. | ||||||
6 | The Department shall not issue a license to an applicant | ||||||
7 | completing an application in accordance with Section 25 of this | ||||||
8 | Act unless the person has demonstrated by affidavit that he or | ||||||
9 | she: | ||||||
10 | (1) is at least 21 years of age; | ||||||
11 | (2) has a valid Firearm Owner's Identification Card; | ||||||
12 | (3) resides within the State of Illinois; | ||||||
13 | (4) has not been convicted in this State or any other | ||||||
14 | state of: | ||||||
15 | (A) a felony; | ||||||
16 | (B) a misdemeanor involving the use or threat of | ||||||
17 | physical force or violence to any person; | ||||||
18 | (C) a misdemeanor crime of domestic violence; | ||||||
19 | (D) a misdemeanor or any similar law in another | ||||||
20 | jurisdiction involving the use, possession, or | ||||||
21 | distribution of a controlled substance or cannabis | ||||||
22 | within the 10 years preceding the date of the | ||||||
23 | application; or | ||||||
24 | (E) a misdemeanor involving the manufacture, sale, | ||||||
25 | carrying, possession, or use of a firearm, dangerous |
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1 | weapon, deadly weapon, or ammunition; | ||||||
2 | (5) does not chronically and habitually use or is | ||||||
3 | addicted to cannabis or a controlled substance; | ||||||
4 | (6) has not been a patient in a mental institution | ||||||
5 | within the past 5 years; | ||||||
6 | (7) has not been adjudicated as a mental defective; | ||||||
7 | (8) is not intellectually disabled; | ||||||
8 | (9) does not suffer from a mental condition that is of | ||||||
9 | a nature that poses a clear and present danger to himself, | ||||||
10 | herself, others, or the community; | ||||||
11 | (10) is not free on any form of bond or pretrial | ||||||
12 | release, other than a traffic offense or other
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13 | non-disqualifying act, and has no outstanding warrants in | ||||||
14 | this State or any other state; | ||||||
15 | (11) does not chronically and habitually abuse | ||||||
16 | alcoholic beverages as evidenced by the applicant having 2 | ||||||
17 | or more convictions for violating Section 11-501 of the | ||||||
18 | Illinois Vehicle Code or similar provision of a local | ||||||
19 | ordinance within 5 years preceding the date of the | ||||||
20 | application, or if the applicant has elected treatment | ||||||
21 | under the supervision of a licensed program in accordance | ||||||
22 | with the Alcoholism and Other Drug Abuse and Dependency Act | ||||||
23 | or similar laws of any other state, within 5 years | ||||||
24 | preceding the date of the application; | ||||||
25 | (12) has completed firearms training and any | ||||||
26 | educational component required in Section 70 of this Act; |
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1 | (13) possesses the same powers of eyesight as required | ||||||
2 | for a driver's license under Section 6-109 of the Illinois | ||||||
3 | Vehicle Code; | ||||||
4 | (14) has not been adjudicated a delinquent minor under | ||||||
5 | the Juvenile Court Act of 1987 or similar law in another | ||||||
6 | jurisdiction, for an offense which, if committed by an | ||||||
7 | adult would disqualify the adult for a license under this | ||||||
8 | Section; and | ||||||
9 | (15) has not within the proceeding 5 years, been the | ||||||
10 | respondent to an order of protection or civil stalking no | ||||||
11 | contact order, or 2 or more emergency orders of protection, | ||||||
12 | or any similar law in another jurisdiction. | ||||||
13 | Section 25. Contents of the application. | ||||||
14 | (a) The application shall be in writing, under oath or | ||||||
15 | affirmation and in the form and manner prescribed by the | ||||||
16 | Department. Each application form shall include the following | ||||||
17 | statement printed in bold type: "Warning: Entering false | ||||||
18 | information on this form is punishable as perjury under Section | ||||||
19 | 32-2 of the Criminal Code of 2012.". The application shall be | ||||||
20 | accompanied by the documentation required in this Section and | ||||||
21 | all applicable fees. | ||||||
22 | (b) The application shall contain the following: | ||||||
23 | (1) the applicant's name, current address, home and | ||||||
24 | business telephone numbers, cell phone numbers, gender, | ||||||
25 | date and year of birth, place of birth, height, weight, |
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1 | hair color, eye color, maiden name or any other name the | ||||||
2 | applicant has used or identified with, and any address at | ||||||
3 | which the applicant resided for more than 30 days within | ||||||
4 | the 5 years preceding the date of the application; | ||||||
5 | (2) the present business or occupation and any business | ||||||
6 | or occupation in which the applicant has engaged during the | ||||||
7 | 5-year period immediately preceding the application and | ||||||
8 | the addresses of the business or place of employment; | ||||||
9 | (3) the applicant's driver's license or state | ||||||
10 | identification card number and the last 4 digits of the | ||||||
11 | applicant's social security number; | ||||||
12 | (4) proof that the applicant has completed firearms | ||||||
13 | training and any educational component required in Section | ||||||
14 | 70 of this Act; | ||||||
15 | (5) proof that the applicant is a resident of this | ||||||
16 | State and has been a resident for at least the previous 30 | ||||||
17 | days; | ||||||
18 | (6) whether the federal government or a governmental | ||||||
19 | entity in any state or subdivision of any state has denied | ||||||
20 | or revoked the applicant's license, permit, registration, | ||||||
21 | or certificate pertaining to any firearm, and if so, the | ||||||
22 | jurisdiction, the identifying number of the license, | ||||||
23 | permit, registration, or certificate, the reason for | ||||||
24 | denial or revocation, and the date of denial or revocation; | ||||||
25 | (7) whether the applicant has failed a drug test within | ||||||
26 | the preceding 5 years, and if so, the provider of the test, |
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1 | the specific substance involved, and date of the test; | ||||||
2 | (8) whether the applicant has ever been prohibited by | ||||||
3 | law from purchasing, possessing, or carrying a firearm, and | ||||||
4 | if so, the jurisdiction, the date, and the reason for the | ||||||
5 | prohibition; | ||||||
6 | (9) whether the applicant has been suspended or | ||||||
7 | expelled from a post-secondary educational institution, | ||||||
8 | such as a college or university, because of suspected | ||||||
9 | mental illness or violent behavior, and if so, the name of | ||||||
10 | the school, the date, and the reason for the suspension or | ||||||
11 | expulsion; | ||||||
12 | (10) a description of any incident in which the | ||||||
13 | applicant threatened, injured, or killed any person, if a | ||||||
14 | firearm was involved or the incident occurred during the | ||||||
15 | preceding 5 years and the police were involved, including, | ||||||
16 | for each incident, the date, place, time, circumstances, | ||||||
17 | and the names of any persons and police agencies involved; | ||||||
18 | (11) a waiver of privacy and confidentiality rights and | ||||||
19 | privileges of the applicant under all federal and State | ||||||
20 | laws, including those governing access to juvenile court, | ||||||
21 | criminal justice, psychological or psychiatric records, or | ||||||
22 | records relating to the applicant's history of | ||||||
23 | institutionalization, and an affirmative request that any | ||||||
24 | person having custody of this record provide it or | ||||||
25 | information concerning it to the Department; | ||||||
26 | (12) an affirmation that the applicant possesses a |
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1 | currently valid Illinois Firearm Owner's Identification | ||||||
2 | Card; | ||||||
3 | (13) an affirmation that the applicant has never been | ||||||
4 | convicted in this State or any other state of: | ||||||
5 | (A) a felony; | ||||||
6 | (B) a misdemeanor involving the use or threat of | ||||||
7 | physical force or violence to any person; | ||||||
8 | (C) a misdemeanor involving the use, possession, | ||||||
9 | or distribution of a controlled substance or cannabis | ||||||
10 | within the 10 years preceding the date of the | ||||||
11 | application; or | ||||||
12 | (D) a misdemeanor involving the manufacture, sale, | ||||||
13 | carrying, possession, or use of a firearm, dangerous | ||||||
14 | weapon, deadly weapon, or ammunition; | ||||||
15 | (14) an explanation of the applicant's particularized | ||||||
16 | need for and intended use of the firearm, including | ||||||
17 | descriptions of any incident in which the applicant has | ||||||
18 | been threatened or injured, or copies of police reports or | ||||||
19 | restraining orders; | ||||||
20 | (15) the make, model, manufacturer's name, caliber or | ||||||
21 | gauge, and serial number of each handgun to be carried | ||||||
22 | under the license; | ||||||
23 | (16) written agreement that, if the person is | ||||||
24 | approached by a peace officer while carrying a concealed | ||||||
25 | firearm under the license, the person will immediately | ||||||
26 | inform the officer that he or she is in possession of a |
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1 | firearm and a license to carry a concealed firearm, and | ||||||
2 | will submit to a pat down search and allow the officer to | ||||||
3 | take possession of the firearm for the duration of the | ||||||
4 | encounter; | ||||||
5 | (17) written consent to submit to one or more field | ||||||
6 | sobriety or chemical tests to determine the presence of | ||||||
7 | alcohol or drugs, at any point when the person is carrying | ||||||
8 | a concealed firearm and the person is approached by a peace | ||||||
9 | officer who has a reasonable suspicion that the person is | ||||||
10 | under the influence of alcohol or a controlled substance; | ||||||
11 | (18) proof that the applicant possesses the same powers | ||||||
12 | of eyesight as required for a driver's license under | ||||||
13 | Section 6-109 of the Illinois Vehicle Code; and if the | ||||||
14 | applicant does not possess a current Illinois driver's | ||||||
15 | license, the applicant may present a current optometrist's | ||||||
16 | or ophthalmologist's statement certifying the vision | ||||||
17 | reading obtained from the applicant; and | ||||||
18 | (19) any other information that the Department finds | ||||||
19 | necessary to process an application. | ||||||
20 | (c) A person applying for a license shall provide a clean | ||||||
21 | head and shoulder color photograph in a size specified by the | ||||||
22 | Department that was taken within the 30 days preceding the date
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23 | of the application. The applicant shall consent to the | ||||||
24 | Department reviewing and using the applicant's digital | ||||||
25 | driver's license or Illinois Identification card photograph | ||||||
26 | and signature, if available. The Secretary of State shall allow |
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1 | the Department access to the photograph and signature for the | ||||||
2 | purpose of identifying the applicant and issuing the applicant | ||||||
3 | a license. | ||||||
4 | (d) A person applying for a license shall submit with the | ||||||
5 | application a full set of legible fingerprints. Fingerprinting | ||||||
6 | may be administered by the Department or any other federal, | ||||||
7 | State, county, or municipal law enforcement agency. The | ||||||
8 | Department of State Police and Federal Bureau of Investigation | ||||||
9 | shall furnish, through a fingerprint-based criminal history | ||||||
10 | records check, any record of convictions, forever and | ||||||
11 | hereafter, until expunged. The Department shall charge the | ||||||
12 | applicant a fee for conducting the check, which fee shall be | ||||||
13 | deposited into the State Police Firearm Services Fund and must | ||||||
14 | not exceed the cost of the inquiry. The Department shall accept | ||||||
15 | a hard copy or electronic version of fingerprints. | ||||||
16 | (e) A person applying for a license shall submit a | ||||||
17 | photocopy of a certificate or other evidence of completion of a | ||||||
18 | course to show compliance with Section 70 of this Act. | ||||||
19 | (f) The Department is authorized to establish a system for | ||||||
20 | electronically submitting applications, including applications | ||||||
21 | for renewal or a replacement license. | ||||||
22 | (g) Each application shall contain the following | ||||||
23 | statement: "NOTICE: A person who has been issued a concealed | ||||||
24 | carry license by the Department of State Police and who is in | ||||||
25 | possession of a concealed and loaded firearm shall be deemed to | ||||||
26 | have given consent to a chemical test or tests of blood, |
| |||||||
| |||||||
1 | breath, or urine for the purpose of determining the alcohol or | ||||||
2 | drug content of the person's blood, if a police officer has | ||||||
3 | reasonable suspicion to believe that the licensee has consumed | ||||||
4 | any amount of an alcoholic beverage or drugs based upon | ||||||
5 | evidence of the licensee's physical condition or other first | ||||||
6 | hand knowledge of the police officer. The test or tests shall | ||||||
7 | be administered at the direction of the arresting officer.". | ||||||
8 | The law enforcement agency employing the officer shall | ||||||
9 | designate which tests shall be administered. A urine test may | ||||||
10 | be administered even after a blood or breath test or both has | ||||||
11 | been administered.
| ||||||
12 | Section 30. Investigation of an applicant. | ||||||
13 | (a) The Department shall complete a background check on an | ||||||
14 | applicant for a license to carry a concealed firearm to ensure | ||||||
15 | compliance with the requirements of this Act and all federal, | ||||||
16 | state, and local laws. The background check shall include a | ||||||
17 | search of each of the following: | ||||||
18 | (1) The National Instant Criminal Background Check | ||||||
19 | System of the Federal Bureau of Investigation. | ||||||
20 | (2) All available state and local criminal history | ||||||
21 | record information files, including records of juvenile | ||||||
22 | adjudications. | ||||||
23 | (3) All available federal, state, and local records | ||||||
24 | regarding wanted persons. | ||||||
25 | (4) All available federal, state, and local records of |
| |||||||
| |||||||
1 | domestic violence restraining and protective orders. | ||||||
2 | (5) All available federal, state, and local records | ||||||
3 | identifying persons who are unlawful users of or addicted | ||||||
4 | to any controlled substance as defined in Section 802 of | ||||||
5 | Title 21 of the United States Code. | ||||||
6 | (6) The files of the Department of Human Services | ||||||
7 | relating to mental health and developmental disabilities. | ||||||
8 | (7) All other available files of any federal, state, | ||||||
9 | and local agency and other private or public entity in any | ||||||
10 | jurisdiction likely to contain information relevant to | ||||||
11 | whether the applicant is prohibited from purchasing or | ||||||
12 | possessing a firearm under federal, state, or local law. | ||||||
13 | (b) As part of its investigation, the Department may, at | ||||||
14 | its discretion, conduct interviews of the applicant, any of the | ||||||
15 | applicant's current or former family or household members, | ||||||
16 | co-workers, employers, neighbors, and any other member of the | ||||||
17 | public who may have information relevant to the application. | ||||||
18 | (c) In addition to the information in subsections (a) and | ||||||
19 | (b), the Department may, at its discretion, require the | ||||||
20 | applicant, at the applicant's expense, to undergo a mental | ||||||
21 | health examination by a licensed psychiatrist or psychologist | ||||||
22 | or any other tests, interviews, or examinations that it | ||||||
23 | determines to be appropriate. | ||||||
24 | Section 35. Database of applicants and licenses. | ||||||
25 | (a) Within 2 years of the effective date of this Act, the |
| |||||||
| |||||||
1 | Department shall make available and maintain a database of | ||||||
2 | applicants for a concealed carry license. The database shall be | ||||||
3 | available to all law enforcement agencies, State's Attorneys, | ||||||
4 | and the Attorney General. Members and staff of the judiciary | ||||||
5 | may access the database for the purpose of determining whether | ||||||
6 | to confiscate a license or to ensure compliance with this Act | ||||||
7 | or any other law. The database shall be searchable and provide | ||||||
8 | all information included in the application, a photo of the | ||||||
9 | applicant or licensee, and any information related to | ||||||
10 | violations of this Act. Individual law enforcement agencies | ||||||
11 | shall not maintain a separate, searchable database of | ||||||
12 | applicants and licensees containing information included in | ||||||
13 | the Department's database. | ||||||
14 | (b) The Department may provide on its website and upon | ||||||
15 | request under the Freedom of Information Act statistical | ||||||
16 | information about the number of licenses issued by county, age, | ||||||
17 | race, or gender. These statistics shall be updated quarterly. | ||||||
18 | (c) Except as provided in subsection (b), applications and | ||||||
19 | information in the database shall be confidential and exempt | ||||||
20 | from disclosure under the Freedom of Information Act. | ||||||
21 | (d) The Department may answer requests to confirm or deny | ||||||
22 | whether a person has been issued a license as part of inquiries | ||||||
23 | dealing with a criminal investigation. Individual law | ||||||
24 | enforcement agencies, State's Attorneys, and judicial staff | ||||||
25 | shall sign a confidentiality agreement, prepared by the | ||||||
26 | Department, prior to receiving access to this information. No |
| |||||||
| |||||||
1 | law enforcement agency, State's Attorney, or member or staff of | ||||||
2 | the judiciary, other than the Department, shall provide any | ||||||
3 | information to a requester not entitled to it by law, except as | ||||||
4 | required or necessary for the conduct of a criminal | ||||||
5 | investigation. | ||||||
6 | Section 40. Suspension or revocation of license. | ||||||
7 | (a) A license issued or renewed under this Act shall be | ||||||
8 | revoked if, at any time, the licensee is found ineligible for a | ||||||
9 | license based on the criteria in Section 20 of this Act or the | ||||||
10 | licensee no longer possesses a Firearm Owner's Identification | ||||||
11 | Card. This subsection shall not apply to a person who has filed | ||||||
12 | an application with the State Police for renewal of a Firearm
| ||||||
13 | Owner's Identification Card and who is not otherwise ineligible | ||||||
14 | to obtain a Firearm Owner's Identification Card. | ||||||
15 | (b) A license shall be suspended if an order of protection | ||||||
16 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
17 | or under Section 214 of the Illinois Domestic Violence Act of
| ||||||
18 | 1986 is issued against a licensee. The license shall be | ||||||
19 | suspended for the duration of the order or until the order is | ||||||
20 | terminated by a court and the Department shall not reissue or
| ||||||
21 | renew a license for the duration of the order or until the | ||||||
22 | order is terminated. If an order of protection is issued | ||||||
23 | against a licensee, the licensee shall surrender the license to | ||||||
24 | the court at the time the order is entered or to the law | ||||||
25 | enforcement agency or to the entity designated to serve process |
| |||||||
| |||||||
1 | at the time the licensee is served the order. The court, law | ||||||
2 | enforcement agency, or entity responsible for serving the order | ||||||
3 | shall transmit the license to the Department. | ||||||
4 | (c) The Department may temporarily or permanently suspend a | ||||||
5 | license for a violation of Section 55 of this Act in accordance | ||||||
6 | with subsection (j) of Section 55. | ||||||
7 | (d) A license shall be invalid upon expiration of the | ||||||
8 | license, unless the licensee has submitted an application to | ||||||
9 | renew the license. A person who fails to renew his or her | ||||||
10 | application within 6 months after its expiration must reapply | ||||||
11 | for a new license and pay the fee for a new application. | ||||||
12 | (e) The Department may suspend a license if a licensee | ||||||
13 | fails to submit a change of address or name or fails to report | ||||||
14 | a lost, destroyed, or stolen license to the Department within | ||||||
15 | 30 days. | ||||||
16 | (f) Every person whose concealed carry license is suspended | ||||||
17 | or revoked shall immediately return their concealed carry | ||||||
18 | license to the Department of State Police. Failure to return | ||||||
19 | the license is a business offense with a minimum fine of $100. | ||||||
20 | Any person found carrying a concealed firearm after suspension | ||||||
21 | or revocation of his or her license shall be subject to | ||||||
22 | prosecution under Article 24 of the Criminal Code of 2012 for | ||||||
23 | unlawful use of weapons. | ||||||
24 | Section 45. Renewal of license. | ||||||
25 | (a) Not later than 120 days before the expiration of any |
| |||||||
| |||||||
1 | license issued under this Act, the Department shall notify the | ||||||
2 | licensee in writing of the expiration and furnish an | ||||||
3 | application for renewal of the license or make the application | ||||||
4 | available on-line. | ||||||
5 | (b) Applications for renewal of a license shall be made to | ||||||
6 | the Department. A license shall be renewed for a period of 5 | ||||||
7 | years upon receipt of a completed renewal application. The | ||||||
8 | renewal application shall contain the information required in | ||||||
9 | Section 25, except that the applicant need not resubmit a full | ||||||
10 | set of fingerprints. Each applicant for a renewal shall submit, | ||||||
11 | on a form prescribed by the Department, proof that the | ||||||
12 | applicant has: | ||||||
13 | (1) successfully completed an equivalent range | ||||||
14 | exercise as prescribed in Section 70 and certified to by an | ||||||
15 | instructor qualified under this Act or a certified law | ||||||
16 | enforcement instructor, or | ||||||
17 | (2) successfully completed firearm
instructor training | ||||||
18 | under Section 75. | ||||||
19 | (c) The Department shall make the range recertification | ||||||
20 | form available on its website or as part of a renewal | ||||||
21 | application. | ||||||
22 | Section 50. Change of address; change of name; lost, | ||||||
23 | destroyed, or stolen licenses. | ||||||
24 | (a) A licensee shall notify the Department within 30 days | ||||||
25 | of moving or changing a residence or any change of name, and |
| |||||||
| |||||||
1 | upon the discovery of the loss or destruction of a license. | ||||||
2 | (b) If a licensee changes residence within this State or | ||||||
3 | changes his or her name, the licensee shall request a new | ||||||
4 | license. The licensee shall submit a $50 fee, a notarized | ||||||
5 | statement that the licensee has changed residence or his or her | ||||||
6 | name, and a photograph as required in Section 25 of this Act. | ||||||
7 | The statement must include the prior and current address or | ||||||
8 | name and the date the applicant moved or changed his or her | ||||||
9 | name. | ||||||
10 | (c) A lost, destroyed, or stolen license shall be invalid. | ||||||
11 | To request a new license, the licensee shall submit: | ||||||
12 | (1) a $50 fee; | ||||||
13 | (2) a notarized statement that the licensee no longer | ||||||
14 | possesses the license and that it was lost, destroyed, or | ||||||
15 | stolen; | ||||||
16 | (3) a copy of a police report stating that the license | ||||||
17 | was lost, destroyed, or stolen; and | ||||||
18 | (4) a photograph as required in Section 25 of this Act. | ||||||
19 | Section 55. Carry restrictions. | ||||||
20 | (a) A license issued under this Act shall not authorize the | ||||||
21 | licensee to knowingly carry a concealed firearm into: | ||||||
22 | (1) Any building or office under the control of the | ||||||
23 | Governor, Lieutenant Governor, Attorney General, Secretary | ||||||
24 | of State, Comptroller, or Treasurer. | ||||||
25 | (2) Any building or office under the control of the |
| |||||||
| |||||||
1 | General Assembly or any of its support service agencies, | ||||||
2 | including the portion of a building in which a committee of | ||||||
3 | the General Assembly convenes for the purpose of conducting | ||||||
4 | meetings of committees, joint committees, or legislative | ||||||
5 | commissions. | ||||||
6 | (3) Any courthouse or building occupied in whole or in | ||||||
7 | part by the circuit court, appellate court, or Supreme | ||||||
8 | Court or a room designated as a courtroom for court | ||||||
9 | proceedings by any of these courts. | ||||||
10 | (4) Any meeting of the governing body of a unit of | ||||||
11 | local government or special district. | ||||||
12 | (5) Any establishment licensed to dispense alcoholic | ||||||
13 | beverages for consumption on the premises. | ||||||
14 | (6) Any area of an airport to which access is | ||||||
15 | controlled by the inspection of persons and property. | ||||||
16 | (7) Any place where the carrying of a firearm is | ||||||
17 | prohibited by federal law. | ||||||
18 | (8) Any elementary or secondary school. | ||||||
19 | (9) Any portion of a building used as a child care | ||||||
20 | facility without the consent of the manager. Nothing in | ||||||
21 | this Section shall prevent the operator of a child care | ||||||
22 | facility in a family home from owning or possessing a | ||||||
23 | firearm or license, so long as the firearm is stored as | ||||||
24 | provided in Section 24-9 of the Criminal Code of 2012. | ||||||
25 | (10) Any gaming facility licensed under the Riverboat | ||||||
26 | Gambling Act or the Illinois Horse Racing Act of 1975. |
| |||||||
| |||||||
1 | (11) Any gated area of an amusement park. | ||||||
2 | (12) Any stadium, arena, or any elementary or secondary | ||||||
3 | school, collegiate, or professional sporting event. | ||||||
4 | (13) Any hospital or mental health facility. | ||||||
5 | (14) Any community college, college, or university | ||||||
6 | campus without consent of the school authorities. School | ||||||
7 | authorities shall inform the appropriate law enforcement | ||||||
8 | agency and any law enforcement personnel on site of this | ||||||
9 | consent. | ||||||
10 | (15) Any library or museum. | ||||||
11 | (16) Any police, sheriff, or State Police office or | ||||||
12 | station without the consent of the chief law enforcement | ||||||
13 | officer in charge of that office or station. | ||||||
14 | (17) Any adult or juvenile detention or correctional | ||||||
15 | institution, prison, or jail. | ||||||
16 | (18) Any polling place on any election day. | ||||||
17 | (19) Any street fair or festival, farmer's market, | ||||||
18 | carnival, concert, protest, parade, or other temporary | ||||||
19 | special event, that is conducted primarily outdoors on | ||||||
20 | property open to the public, and that requires the issuance | ||||||
21 | of a permit from the city or county where it occurs, unless | ||||||
22 | the city or county specifically authorizes licensees to | ||||||
23 | carry concealed firearms at the event. | ||||||
24 | (20) Any private property without the express | ||||||
25 | permission of the owner, manager, operator, or individual | ||||||
26 | with the authority to control activities in that place, as |
| |||||||
| |||||||
1 | evidenced by signage. This provision shall apply to private | ||||||
2 | property of any kind, including private residences and | ||||||
3 | places of business, regardless of whether they are open or | ||||||
4 | closed to members of the public. | ||||||
5 | (21) Any building owned, leased, or controlled by a | ||||||
6 | municipality or any building or property owned, leased or | ||||||
7 | controlled by a school district unless authorized by a | ||||||
8 | majority vote of members of its governing board. Nothing in | ||||||
9 | this paragraph shall prohibit a licensee from carrying a | ||||||
10 | concealed firearm on any sidewalk, on any highway or | ||||||
11 | roadway, in any public restroom, or in the licensee's own | ||||||
12 | residence. | ||||||
13 | (22) Any shopping mall or strip mall property, which | ||||||
14 | includes all enclosed public walkways or hall areas that | ||||||
15 | serve to connect retail or professional establishments and | ||||||
16 | its attached common areas, excluding the parking lot. | ||||||
17 | (b) Any person licensed under this Act who is prohibited | ||||||
18 | from carrying a concealed firearm into a building or on the | ||||||
19 | premises as specified in subsection (a) shall be permitted to | ||||||
20 | store that handgun or ammunition out of plain sight in a locked | ||||||
21 | trunk, or if it is not in a trunk, in a locked vehicle, so long | ||||||
22 | as the firearm is unloaded and enclosed in a firearm case, | ||||||
23 | carrying box, shipping box, or other similar portable container | ||||||
24 | designed for the safe transportation of firearms. A licensee | ||||||
25 | shall not be in violation of this Section while he or she is | ||||||
26 | traveling along a public right of way that touches or crosses |
| |||||||
| |||||||
1 | any of the premises specified in subsection (a) if the handgun | ||||||
2 | is carried on his or her person in accordance with the | ||||||
3 | provisions of this Act or is being transported in a vehicle by | ||||||
4 | the licensee in accordance with all other applicable provisions | ||||||
5 | of law. | ||||||
6 | (c) A license to carry a concealed firearm issued or | ||||||
7 | renewed under this Act may include any additional reasonable | ||||||
8 | restrictions or conditions which the Department deems | ||||||
9 | warranted, including restrictions as to the time, place, | ||||||
10 | manner, and circumstances under which the person may carry a | ||||||
11 | firearm. | ||||||
12 | (d) If a law enforcement officer initiates an investigative | ||||||
13 | stop, including but not limited to a traffic stop, of a | ||||||
14 | licensee who is carrying a concealed firearm, the licensee | ||||||
15 | shall immediately disclose to the officer that he or she is in | ||||||
16 | possession of a concealed firearm under this Act. The licensee | ||||||
17 | shall comply with all lawful orders and directions from the | ||||||
18 | officer. For the safety of the officer and the public, the | ||||||
19 | officer may conduct a pat down of the licensee and take | ||||||
20 | possession of the firearm for the duration of the encounter. | ||||||
21 | (e) A licensee shall not carry a concealed firearm while | ||||||
22 | under the influence of any illegal drug, controlled substance, | ||||||
23 | or hallucinogenic substance. The licensee shall not be under | ||||||
24 | the influence of any prescription medication that causes | ||||||
25 | impairment. The licensee shall not consume alcoholic beverages | ||||||
26 | to the extent that it results in impairment or intoxication. |
| |||||||
| |||||||
1 | (f) Signs stating that the carrying of a concealed firearm | ||||||
2 | is prohibited shall be clearly and conspicuously posted at | ||||||
3 | every entrance of a building or premises specified in | ||||||
4 | subsection (a) or designated in accordance with subsection (b) | ||||||
5 | or (c). The Department shall adopt rules for standardized signs | ||||||
6 | to be used under this subsection. | ||||||
7 | (g) A licensee shall only carry a concealed firearm similar | ||||||
8 | to what they were trained with under Section 70. | ||||||
9 | (h) A licensee shall not engage in acts in an unreasonable | ||||||
10 | manner so as to alarm or disturb another and to provoke a | ||||||
11 | breach of the peace; as evidenced by a signed complaint and | ||||||
12 | arrest for disorderly conduct under Section 26-1 of the | ||||||
13 | Criminal Code of 2012. | ||||||
14 | (i) A negligent or reckless violation of subsection (a), | ||||||
15 | (b), (c), (d), or (e) is a Class B misdemeanor. A violation of | ||||||
16 | subsection (a), (b), (c), (d), or (e) committed knowingly is a | ||||||
17 | Class A misdemeanor. In addition to any other fees or court | ||||||
18 | costs for a violation of subsection (d), the court may require | ||||||
19 | a licensee to pay a $150 fee. For the purposes of this | ||||||
20 | subsection, "negligent", "reckless", and "knowingly" has the | ||||||
21 | meaning as provided in Article 4 of the Criminal Code of 2012. | ||||||
22 | (j) The Department may suspend a license for up to 180 days | ||||||
23 | for a first violation of subsection (a), (b), (c), (d), or (e). | ||||||
24 | The Department may suspend a license for up to one year for a | ||||||
25 | second violation of subsection (a), (b), (c), (d), or (e). The | ||||||
26 | Department shall permanently revoke a license for a third |
| |||||||
| |||||||
1 | violation of subsection (a), (b), (c), (d), or (e). | ||||||
2 | Section 60. Immunity for employees and agents. | ||||||
3 | The Department of State Police shall not be liable
for | ||||||
4 | damages in any civil action arising from alleged wrongful or | ||||||
5 | improper granting, renewing, suspending, revoking, or failure | ||||||
6 | to suspend or revoke licenses issued under this Act, except for | ||||||
7 | willful or wanton misconduct.
The office of the county sheriff, | ||||||
8 | a municipal police department, and any employees or agents of | ||||||
9 | the sheriff or municipal police department shall not be liable | ||||||
10 | for submitting specific or articulable reasons why an applicant | ||||||
11 | should be denied a license, unless the
objection contains | ||||||
12 | false, malicious, or inaccurate information and the objection | ||||||
13 | constituted willful and wanton misconduct. | ||||||
14 | Section 65. Fees; report. | ||||||
15 | (a) Fees collected under this Act by the Department and | ||||||
16 | deposited into the State Police Firearm Services Fund and LEADS | ||||||
17 | Maintenance Fund shall be appropriated for administration of | ||||||
18 | this Act. | ||||||
19 | (b) Fees shall be: | ||||||
20 | (1)
New license: $100. | ||||||
21 | (2)
Renewal of license: $100. | ||||||
22 | (3)
Duplicate license for lost, destroyed, or stolen: | ||||||
23 | $50. | ||||||
24 | (4)
Corrected license for address or name change: $50. |
| |||||||
| |||||||
1 | (c) By March 1 of each year, the Department shall submit a | ||||||
2 | statistical report to the Governor, the President of the | ||||||
3 | Senate, and the Speaker of the House of Representatives | ||||||
4 | indicating the number of licenses issued, revoked, suspended, | ||||||
5 | denied, and issued after appeal since the last report and in | ||||||
6 | total and also the number of licenses currently valid. | ||||||
7 | (d) The Secretary of State shall conduct a study to | ||||||
8 | determine the cost and feasibility of creating a method of | ||||||
9 | adding an identifiable code, background, or other means to show | ||||||
10 | that an individual has been issued a concealed carry license by | ||||||
11 | the Department on the person's driver's license. | ||||||
12 | Section 70. Applicant training. | ||||||
13 | (a) The Department shall, by rule, approve or disapprove | ||||||
14 | training programs for the firearm training course, which shall | ||||||
15 | be taught by a qualified instructor. Qualifications for | ||||||
16 | qualified firearm instructors shall be set by rule. The firearm | ||||||
17 | training course shall be conducted by entities, by a qualified | ||||||
18 | instructor, or by an agency licensed under this Act, provided | ||||||
19 | the course is approved by the Department. | ||||||
20 | (b) Applicant training courses shall not be open to anyone | ||||||
21 | under the age of 18 and no certificate of completion shall be | ||||||
22 | issued to persons under 21 years of age. | ||||||
23 | (c) Instructors shall maintain all records of student | ||||||
24 | performance for not less than 5 years. | ||||||
25 | (d) The Department shall make materials for applicant |
| |||||||
| |||||||
1 | training available to qualified instructors online through the | ||||||
2 | Department's website or Internet. | ||||||
3 | (e) For purposes of this Section, successful completion of | ||||||
4 | qualified firearm instructors training under Section 75 shall | ||||||
5 | meet the training requirements of this Section. | ||||||
6 | (f) Applicants shall be trained and qualify on any firearm | ||||||
7 | they seek to carry concealed.
| ||||||
8 | (g) The Department shall adopt rules to implement the | ||||||
9 | provisions of this Section. | ||||||
10 | Section 75. Firearm instructor training. | ||||||
11 | (a) The Department shall, by rule, approve or disapprove | ||||||
12 | qualified firearm instructors for the firearm training course. | ||||||
13 | Qualifications for qualified firearm instructors shall be set | ||||||
14 | by rule. The firearm training course shall be conducted by | ||||||
15 | entities, by a licensee, or by an agency licensed by this Act, | ||||||
16 | provided the course is approved by the Department. | ||||||
17 | (b) Persons who are not qualified firearm instructors shall | ||||||
18 | not teach applicant training courses. | ||||||
19 | (c) Persons who are not qualified firearm instructors shall | ||||||
20 | not advertise or otherwise represent courses they teach as | ||||||
21 | qualifying their students to meet the requirements to receive a | ||||||
22 | license under this Act. | ||||||
23 | (d) Persons who are not certified instructor trainers shall | ||||||
24 | not teach instructor qualification courses. | ||||||
25 | (e) Persons wishing to become qualified firearm |
| |||||||
| |||||||
1 | instructors shall: | ||||||
2 | (1) be at least 21 years of age; | ||||||
3 | (2) be a citizen of the United States; and | ||||||
4 | (3) be a resident of Illinois. | ||||||
5 | (f) Persons wishing to become instructor trainers, in | ||||||
6 | addition to the requirements of subsection (e) of this Section, | ||||||
7 | shall: | ||||||
8 | (1) possess a high school diploma or GED certificate; | ||||||
9 | and | ||||||
10 | (2) have at least one of the following valid firearm | ||||||
11 | instructor certifications: | ||||||
12 | (A) certification from a firearm instructor's | ||||||
13 | course offered by a State or federal governmental | ||||||
14 | agency; or | ||||||
15 | (B) a similar firearm instructor qualifying | ||||||
16 | course, approved by the Director or his or her | ||||||
17 | designee. | ||||||
18 | (g) An applicant: | ||||||
19 | (1) shall agree to background checks; and | ||||||
20 | (2) may be disqualified from taking firearm instructor | ||||||
21 | training, or have his or her instructor qualification | ||||||
22 | revoked, if the applicant: | ||||||
23 | (A) does not meet the requirements of this Act to | ||||||
24 | possess a license; | ||||||
25 | (B) provides false or misleading information on | ||||||
26 | the application; or |
| |||||||
| |||||||
1 | (C) has had a prior instructor qualification | ||||||
2 | revoked by the Department or other issuing body. | ||||||
3 | (h) The Department shall post on its website a list of all | ||||||
4 | qualified firearm instructors by county.
| ||||||
5 | (i) The Department shall adopt rules to implement the | ||||||
6 | provisions of this Section. | ||||||
7 | Section 80. The Freedom of Information Act is amended by | ||||||
8 | changing Section 7.5 as follows: | ||||||
9 | (5 ILCS 140/7.5) | ||||||
10 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
11 | by the statutes referenced below, the following shall be exempt | ||||||
12 | from inspection and copying: | ||||||
13 | (a) All information determined to be confidential under | ||||||
14 | Section 4002 of the Technology Advancement and Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library Records | ||||||
17 | Confidentiality Act. | ||||||
18 | (c) Applications, related documents, and medical records | ||||||
19 | received by the Experimental Organ Transplantation Procedures | ||||||
20 | Board and any and all documents or other records prepared by | ||||||
21 | the Experimental Organ Transplantation Procedures Board or its | ||||||
22 | staff relating to applications it has received. | ||||||
23 | (d) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives relating to |
| |||||||
| |||||||
1 | known or suspected cases of sexually transmissible disease or | ||||||
2 | any information the disclosure of which is restricted under the | ||||||
3 | Illinois Sexually Transmissible Disease Control Act. | ||||||
4 | (e) Information the disclosure of which is exempted under | ||||||
5 | Section 30 of the Radon Industry Licensing Act. | ||||||
6 | (f) Firm performance evaluations under Section 55 of the | ||||||
7 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
8 | Based Selection Act. | ||||||
9 | (g) Information the disclosure of which is restricted and | ||||||
10 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
11 | (h) Information the disclosure of which is exempted under | ||||||
12 | the State Officials and Employees Ethics Act, and records of | ||||||
13 | any lawfully created State or local inspector general's office | ||||||
14 | that would be exempt if created or obtained by an Executive | ||||||
15 | Inspector General's office under that Act. | ||||||
16 | (i) Information contained in a local emergency energy plan | ||||||
17 | submitted to a municipality in accordance with a local | ||||||
18 | emergency energy plan ordinance that is adopted under Section | ||||||
19 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
20 | (j) Information and data concerning the distribution of | ||||||
21 | surcharge moneys collected and remitted by wireless carriers | ||||||
22 | under the Wireless Emergency Telephone Safety Act. | ||||||
23 | (k) Law enforcement officer identification information or | ||||||
24 | driver identification information compiled by a law | ||||||
25 | enforcement agency or the Department of Transportation under | ||||||
26 | Section 11-212 of the Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (l) Records and information provided to a residential | ||||||
2 | health care facility resident sexual assault and death review | ||||||
3 | team or the Executive Council under the Abuse Prevention Review | ||||||
4 | Team Act. | ||||||
5 | (m) Information provided to the predatory lending database | ||||||
6 | created pursuant to Article 3 of the Residential Real Property | ||||||
7 | Disclosure Act, except to the extent authorized under that | ||||||
8 | Article. | ||||||
9 | (n) Defense budgets and petitions for certification of | ||||||
10 | compensation and expenses for court appointed trial counsel as | ||||||
11 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
12 | Litigation Act. This subsection (n) shall apply until the | ||||||
13 | conclusion of the trial of the case, even if the prosecution | ||||||
14 | chooses not to pursue the death penalty prior to trial or | ||||||
15 | sentencing. | ||||||
16 | (o) Information that is prohibited from being disclosed | ||||||
17 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
18 | Registry Act. | ||||||
19 | (p) Security portions of system safety program plans, | ||||||
20 | investigation reports, surveys, schedules, lists, data, or | ||||||
21 | information compiled, collected, or prepared by or for the | ||||||
22 | Regional Transportation Authority under Section 2.11 of the | ||||||
23 | Regional Transportation Authority Act or the St. Clair County | ||||||
24 | Transit District under the Bi-State Transit Safety Act. | ||||||
25 | (q) Information prohibited from being disclosed by the | ||||||
26 | Personnel Records Review Act. |
| |||||||
| |||||||
1 | (r) Information prohibited from being disclosed by the | ||||||
2 | Illinois School Student Records Act. | ||||||
3 | (s) Information the disclosure of which is restricted under | ||||||
4 | Section 5-108 of the Public Utilities Act.
| ||||||
5 | (t) All identified or deidentified health information in | ||||||
6 | the form of health data or medical records contained in, stored | ||||||
7 | in, submitted to, transferred by, or released from the Illinois | ||||||
8 | Health Information Exchange, and identified or deidentified | ||||||
9 | health information in the form of health data and medical | ||||||
10 | records of the Illinois Health Information Exchange in the | ||||||
11 | possession of the Illinois Health Information Exchange | ||||||
12 | Authority due to its administration of the Illinois Health | ||||||
13 | Information Exchange. The terms "identified" and | ||||||
14 | "deidentified" shall be given the same meaning as in the Health | ||||||
15 | Insurance Accountability and Portability Act of 1996, Public | ||||||
16 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
17 | regulations promulgated thereunder. | ||||||
18 | (u) Records and information provided to an independent team | ||||||
19 | of experts under Brian's Law. | ||||||
20 | (v) Names , affidavit, records, and information of people | ||||||
21 | who have : | ||||||
22 | (1) applied for or received Firearm Owner's | ||||||
23 | Identification Cards under the Firearm Owners | ||||||
24 | Identification Card Act ; . | ||||||
25 | (2) provided a registration affidavit to the | ||||||
26 | Department of State Police for a weapon, attachment, or |
| |||||||
| |||||||
1 | device under Section 24-1.9 of the Criminal Code of 2012; | ||||||
2 | or | ||||||
3 | (3) been issued a concealed carry license by the | ||||||
4 | Department of State Police under the Gun Safety and | ||||||
5 | Responsibility Act, unless otherwise authorized by that | ||||||
6 | Act. | ||||||
7 | (w) Personally identifiable information which is exempted | ||||||
8 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
9 | Toll Highway Act. | ||||||
10 | (x) Information which is exempted from disclosure under | ||||||
11 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
12 | Illinois Municipal Code. | ||||||
13 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
14 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
15 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
16 | eff. 1-1-13.) | ||||||
17 | Section 85. The Department of State Police Law of the
Civil | ||||||
18 | Administrative Code of Illinois is amended by changing Section | ||||||
19 | 2605-300 and by adding Section 2605-595 as follows:
| ||||||
20 | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| ||||||
21 | Sec. 2605-300. Records; crime laboratories; personnel. To | ||||||
22 | do
the
following:
| ||||||
23 | (1) Be a central repository and custodian of criminal
| ||||||
24 | statistics for the State.
|
| |||||||
| |||||||
1 | (2) Be a central repository for criminal history
record | ||||||
2 | information.
| ||||||
3 | (3) Procure and file for record information that is
| ||||||
4 | necessary and helpful to plan programs of crime prevention, | ||||||
5 | law
enforcement,
and criminal justice.
| ||||||
6 | (4) Procure and file for record copies of
fingerprints | ||||||
7 | that may be required by law.
| ||||||
8 | (5) Establish general and field
crime laboratories.
| ||||||
9 | (6) Register and file for record information that
may | ||||||
10 | be required by law for the issuance of firearm owner's | ||||||
11 | identification
cards under the Firearm Owners | ||||||
12 | Identification Card Act and concealed carry licenses under | ||||||
13 | the Gun Safety and Responsibility Act .
| ||||||
14 | (7) Employ polygraph operators, laboratory | ||||||
15 | technicians,
and
other
specially qualified persons to aid | ||||||
16 | in the identification of criminal
activity.
| ||||||
17 | (8) Undertake other identification, information,
| ||||||
18 | laboratory, statistical, or registration activities that | ||||||
19 | may be
required by law.
| ||||||
20 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
21 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
22 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
23 | (20 ILCS 2605/2605-595 new) | ||||||
24 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
25 | (a) There is created in the State treasury a special fund |
| |||||||
| |||||||
1 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
2 | receive revenue under Section 5 of the Firearm Owners | ||||||
3 | Identification Card Act, the Gun Safety and Responsibility Act | ||||||
4 | and Section 24-1.9 of the Criminal Code of 2012. The Fund may | ||||||
5 | also receive revenue from grants, pass-through grants, | ||||||
6 | donations, appropriations, and any other legal source. | ||||||
7 | (b) The Department of State Police may use moneys in the | ||||||
8 | Fund to finance any of its lawful purposes, mandates, | ||||||
9 | functions, and duties under the Firearm Owners Identification | ||||||
10 | Card Act, the Gun Safety and Responsibility Act, and Section | ||||||
11 | 24-1.9 of the Criminal Code of 2012, including the cost of | ||||||
12 | sending notices of expiration of Firearm Owner's | ||||||
13 | Identification Cards, concealed carry licenses, the prompt and | ||||||
14 | efficient processing of applications under the Firearm Owners | ||||||
15 | Identification Card Act and the Gun Safety and Responsibility | ||||||
16 | Act, and support for investigations required under these Acts | ||||||
17 | and law. | ||||||
18 | (c) Investment income that is attributable to the | ||||||
19 | investment of moneys in the Fund shall be retained in the Fund | ||||||
20 | for the uses specified in this Section. | ||||||
21 | (d) The State Police Firearm Services Fund shall not be | ||||||
22 | subject to administrative chargebacks. | ||||||
23 | Section 90. The State Police Act is amended by adding | ||||||
24 | Section 25 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2610/25 new) | ||||||
2 | Sec. 25. Emergency procurement authorized. | ||||||
3 | In order to comply with recent court rulings regarding | ||||||
4 | concealed carry in Illinois and the assault weapons ban and | ||||||
5 | consumer protection provisions of this amendatory Act of the | ||||||
6 | 98th General Assembly, any procurements necessary for the | ||||||
7 | implementation of this amendatory Act of the 98th General | ||||||
8 | Assembly, shall be eligible for emergency procurement. | ||||||
9 | Section 95. The State Finance Act is amended by adding | ||||||
10 | Section 5.826 as follows: | ||||||
11 | (30 ILCS 105/5.826 new) | ||||||
12 | Sec. 5.826. The State Police Firearm Services Fund. | ||||||
13 | (30 ILCS 105/5.206 rep.) | ||||||
14 | Section 97. The State Finance Act is amended by repealing | ||||||
15 | Section 5.206. | ||||||
16 | Section 100. The Firearm Owners Identification Card Act is | ||||||
17 | amended by changing Sections 1.1, 2, 3, 5, 9, 12, and 13.2 and | ||||||
18 | by adding Section 5.1 as follows:
| ||||||
19 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
20 | Sec. 1.1. For purposes of this Act:
| ||||||
21 | "Has been adjudicated as a mental defective" means the |
| |||||||
| |||||||
1 | person is the subject of a determination by a court, board, | ||||||
2 | commission or other lawful authority that a person, as a result | ||||||
3 | of marked subnormal intelligence, or mental illness, mental | ||||||
4 | impairment, incompetency, condition, or disease: | ||||||
5 | (1) is a danger to himself, herself, or to others; | ||||||
6 | (2) lacks the mental capacity to manage his or her own | ||||||
7 | affairs; | ||||||
8 | (3) is not guilty in a criminal case by reason of | ||||||
9 | insanity, mental disease or defect; | ||||||
10 | (4) is incompetent to stand trial in a criminal case; | ||||||
11 | (5) is not guilty by reason of lack of mental | ||||||
12 | responsibility pursuant to Articles 50a and 72b of the | ||||||
13 | Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
| ||||||
14 | "Counterfeit" means to copy or imitate, without legal | ||||||
15 | authority, with
intent
to deceive. | ||||||
16 | "Federally licensed firearm dealer" means a person who is | ||||||
17 | licensed as a federal firearms dealer under Section 923 of the | ||||||
18 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
19 | "Firearm" means any device, by
whatever name known, which | ||||||
20 | is designed to expel a projectile or projectiles
by the action | ||||||
21 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
22 | however:
| ||||||
23 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
24 | B-B gun which
expels a single globular projectile not | ||||||
25 | exceeding .18 inch in
diameter or which has a maximum | ||||||
26 | muzzle velocity of less than 700 feet
per second;
|
| |||||||
| |||||||
1 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
2 | B-B gun which expels breakable paint balls containing | ||||||
3 | washable marking colors;
| ||||||
4 | (2) any device used exclusively for signalling or | ||||||
5 | safety and required or
recommended by the United States | ||||||
6 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
7 | (3) any device used exclusively for the firing of stud | ||||||
8 | cartridges,
explosive rivets or similar industrial | ||||||
9 | ammunition; and
| ||||||
10 | (4) an antique firearm (other than a machine-gun) | ||||||
11 | which, although
designed as a weapon, the Department of | ||||||
12 | State Police finds by reason of
the date of its | ||||||
13 | manufacture, value, design, and other characteristics is
| ||||||
14 | primarily a collector's item and is not likely to be used | ||||||
15 | as a weapon.
| ||||||
16 | "Firearm ammunition" means any self-contained cartridge or | ||||||
17 | shotgun
shell, by whatever name known, which is designed to be | ||||||
18 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
19 | (1) any ammunition exclusively designed for use with a | ||||||
20 | device used
exclusively for signalling or safety and | ||||||
21 | required or recommended by the
United States Coast Guard or | ||||||
22 | the Interstate Commerce Commission; and
| ||||||
23 | (2) any ammunition designed exclusively for use with a | ||||||
24 | stud or rivet
driver or other similar industrial | ||||||
25 | ammunition. | ||||||
26 | "Firearm ammunition feeding device" means a magazine, |
| |||||||
| |||||||
1 | clip, belt, drum, feed strip, or similar device, manufactured | ||||||
2 | with a capacity to accept firearm ammunition. | ||||||
3 | "Gun show" means an event or function: | ||||||
4 | (1) at which the sale and transfer of firearms is the | ||||||
5 | regular and normal course of business and where 50 or more | ||||||
6 | firearms are displayed, offered, or exhibited for sale, | ||||||
7 | transfer, or exchange; or | ||||||
8 | (2) at which not less than 10 gun show vendors display, | ||||||
9 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
10 | firearms.
| ||||||
11 | "Gun show" includes the entire premises provided for an | ||||||
12 | event or function, including parking areas for the event or | ||||||
13 | function, that is sponsored to facilitate the purchase, sale, | ||||||
14 | transfer, or exchange of firearms as described in this Section.
| ||||||
15 | "Gun show" does not include training or safety classes, | ||||||
16 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
17 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
18 | banquets, raffles, or
any other event where the sale or | ||||||
19 | transfer of firearms is not the primary course of business. | ||||||
20 | "Gun show promoter" means a person who organizes or | ||||||
21 | operates a gun show. | ||||||
22 | "Gun show vendor" means a person who exhibits, sells, | ||||||
23 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
24 | show, regardless of whether the person arranges with a gun show | ||||||
25 | promoter for a fixed location from which to exhibit, sell, | ||||||
26 | offer for sale, transfer, or exchange any firearm. |
| |||||||
| |||||||
1 | "Sanctioned competitive shooting event" means a shooting | ||||||
2 | contest officially recognized by a national or state shooting | ||||||
3 | sport association, and includes any sight-in or practice | ||||||
4 | conducted in conjunction with the event.
| ||||||
5 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
6 | Section 24-1 of the Criminal Code of 2012. | ||||||
7 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||||||
8 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
9 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
10 | exceptions.
| ||||||
11 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
12 | gun, or taser within this State
without having in his or | ||||||
13 | her possession a valid Firearm Owner's Identification Card
| ||||||
14 | previously issued in his or her name by the Department of | ||||||
15 | State Police under
the provisions of this Act.
| ||||||
16 | (2) No person may acquire or possess firearm ammunition | ||||||
17 | or a firearm ammunition feeding device within this
State | ||||||
18 | without having in his or her possession a valid Firearm | ||||||
19 | Owner's Identification
Card previously issued in his or her | ||||||
20 | name by the Department of State Police
under the provisions | ||||||
21 | of this Act.
| ||||||
22 | (b) The provisions of this Section regarding the possession | ||||||
23 | of firearms, firearm ammunition, stun guns, and tasers do not | ||||||
24 | apply to:
| ||||||
25 | (1) United States Marshals, while engaged in the |
| |||||||
| |||||||
1 | operation of their
official duties;
| ||||||
2 | (2) Members of the Armed Forces of the United States or | ||||||
3 | the National
Guard, while engaged in the operation of their | ||||||
4 | official duties;
| ||||||
5 | (3) Federal officials required to carry firearms, | ||||||
6 | while engaged in the
operation of their official duties;
| ||||||
7 | (4) Members of bona fide veterans organizations which | ||||||
8 | receive firearms
directly from the armed forces of the | ||||||
9 | United States, while using the
firearms for ceremonial | ||||||
10 | purposes with blank ammunition;
| ||||||
11 | (5) Nonresident hunters during hunting season, with | ||||||
12 | valid nonresident
hunting licenses and while in an area | ||||||
13 | where hunting is permitted; however,
at all other times and | ||||||
14 | in all other places these persons must have their
firearms | ||||||
15 | unloaded and enclosed in a case;
| ||||||
16 | (6) Those hunters exempt from obtaining a hunting | ||||||
17 | license who are
required to submit their Firearm Owner's | ||||||
18 | Identification Card when hunting
on Department of Natural | ||||||
19 | Resources owned or managed sites;
| ||||||
20 | (7) Nonresidents while on a firing or shooting range | ||||||
21 | recognized by the
Department of State Police; however, | ||||||
22 | these persons must at all other times
and in all other | ||||||
23 | places have their firearms unloaded and enclosed in a case;
| ||||||
24 | (8) Nonresidents while at a firearm showing or display | ||||||
25 | recognized by
the Department of State Police; however, at | ||||||
26 | all other times and in all
other places these persons must |
| |||||||
| |||||||
1 | have their firearms unloaded and enclosed
in a case;
| ||||||
2 | (9) Nonresidents whose firearms are unloaded and | ||||||
3 | enclosed in a case;
| ||||||
4 | (10) Nonresidents who are currently licensed or | ||||||
5 | registered to possess a
firearm in their resident state;
| ||||||
6 | (11) Unemancipated minors while in the custody and | ||||||
7 | immediate control of
their parent or legal guardian or | ||||||
8 | other person in loco parentis to the
minor if the parent or | ||||||
9 | legal guardian or other person in loco parentis to
the | ||||||
10 | minor has a currently valid Firearm Owner's Identification
| ||||||
11 | Card;
| ||||||
12 | (12) Color guards of bona fide veterans organizations | ||||||
13 | or members of bona
fide American Legion bands while using | ||||||
14 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
15 | (13) Nonresident hunters whose state of residence does | ||||||
16 | not require
them to be licensed or registered to possess a | ||||||
17 | firearm and only during
hunting season, with valid hunting | ||||||
18 | licenses, while accompanied by, and
using a firearm owned | ||||||
19 | by, a person who possesses a valid Firearm Owner's
| ||||||
20 | Identification Card and while in an area within a | ||||||
21 | commercial club licensed
under the Wildlife Code where | ||||||
22 | hunting is permitted and controlled, but in
no instance | ||||||
23 | upon sites owned or managed by the Department of Natural
| ||||||
24 | Resources;
| ||||||
25 | (14) Resident hunters who are properly authorized to | ||||||
26 | hunt and,
while accompanied by a person who possesses a |
| |||||||
| |||||||
1 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
2 | within a commercial club licensed
under the Wildlife Code | ||||||
3 | where hunting is permitted and controlled;
| ||||||
4 | (15) A person who is otherwise eligible to obtain a | ||||||
5 | Firearm Owner's
Identification Card under this Act and is | ||||||
6 | under the direct supervision of a
holder of a Firearm
| ||||||
7 | Owner's Identification Card who is 21 years of age or older | ||||||
8 | while the person is
on a firing or shooting range
or is a
| ||||||
9 | participant in a firearms safety and training course | ||||||
10 | recognized by a law
enforcement agency or a national, | ||||||
11 | statewide shooting sports organization; and
| ||||||
12 | (16) Competitive shooting athletes whose competition | ||||||
13 | firearms are sanctioned by the International Olympic | ||||||
14 | Committee, the International Paralympic Committee, the | ||||||
15 | International Shooting Sport Federation, or USA Shooting | ||||||
16 | in connection with such athletes' training for and | ||||||
17 | participation in shooting competitions at the 2016 Olympic | ||||||
18 | and Paralympic Games and sanctioned test events leading up | ||||||
19 | to the 2016 Olympic and Paralympic Games. | ||||||
20 | (c) The provisions of this Section regarding the | ||||||
21 | acquisition and possession
of firearms, firearm ammunition, | ||||||
22 | stun guns, and tasers do not apply to law enforcement officials
| ||||||
23 | of this or any other jurisdiction, while engaged in the | ||||||
24 | operation of their
official duties.
| ||||||
25 | (d) Any person who becomes a resident of this State, who is | ||||||
26 | not otherwise prohibited from obtaining, possessing, or using a |
| |||||||
| |||||||
1 | firearm or firearm ammunition, shall not be required to have a | ||||||
2 | Firearm Owner's Identification Card to possess firearms or | ||||||
3 | firearms ammunition until 60 calendar days after he or she | ||||||
4 | obtains an Illinois driver's license or Illinois | ||||||
5 | Identification Card. | ||||||
6 | (Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
| ||||||
7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, stun gun, or taser to any person within | ||||||
11 | this State unless the
transferee with whom he deals displays a | ||||||
12 | currently valid Firearm Owner's
Identification Card which has | ||||||
13 | previously been issued in his name by the
Department of State | ||||||
14 | Police under the provisions of this Act. In addition,
all | ||||||
15 | firearm, stun gun, and taser transfers by federally licensed | ||||||
16 | firearm dealers are subject
to Section 3.1. | ||||||
17 | (a-5) Any person who is not a federally licensed firearm | ||||||
18 | dealer and who desires to transfer or sell a firearm while that | ||||||
19 | person is on the grounds of a gun show must, before selling or | ||||||
20 | transferring the firearm, request the Department of State | ||||||
21 | Police to conduct a background check on the prospective | ||||||
22 | recipient of the firearm in accordance with Section 3.1.
| ||||||
23 | (a-10) Any person who is not a federally licensed importer, | ||||||
24 | manufacturer, or dealer and who desires to sell or transfer a | ||||||
25 | firearm to another person, who is not a federally licensed |
| |||||||
| |||||||
1 | importer, manufacturer, or dealer, shall do so only at the | ||||||
2 | place of business of a federally licensed firearm dealer. The | ||||||
3 | federally licensed firearm dealer shall conduct a background | ||||||
4 | check on the prospective recipient of the firearm in accordance | ||||||
5 | with Section 3.1 of this Act and follow all other applicable | ||||||
6 | federal, State, and local laws as if he or she were the seller | ||||||
7 | of the firearm. The purchaser or transferee may be required by | ||||||
8 | the federally licensed firearm dealer to pay a fee not to | ||||||
9 | exceed $10 per firearm, which the dealer may retain as | ||||||
10 | compensation for performing the functions required under this | ||||||
11 | subsection, plus the applicable fees authorized by Section 3.1. | ||||||
12 | The provisions of this subsection (a-10) do not apply to: | ||||||
13 | (1) transfers to the transferor's husband, wife, son, | ||||||
14 | daughter, stepson, stepdaughter, father, mother, | ||||||
15 | stepfather, stepmother, brother, sister, nephew, niece, | ||||||
16 | uncle, aunt, grandfather, grandmother, grandson, | ||||||
17 | granddaughter, father-in-law, mother-in-law, son-in-law, | ||||||
18 | or daughter-in-law; | ||||||
19 | (2) transfers by persons acting pursuant to operation | ||||||
20 | of law or a court order; or | ||||||
21 | (3) transfers on the grounds of a gun show. | ||||||
22 | (b) Any person within this State who transfers or causes to | ||||||
23 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
24 | record of such transfer for a period
of 10 years from the date | ||||||
25 | of transfer. Such record shall contain the date
of the | ||||||
26 | transfer; the description, serial number or other information
|
| |||||||
| |||||||
1 | identifying the firearm, stun gun, or taser if no serial number | ||||||
2 | is available; and, if the
transfer was completed within this | ||||||
3 | State, the transferee's Firearm Owner's
Identification Card | ||||||
4 | number. On or after January 1, 2006, the record shall contain | ||||||
5 | the date of application for transfer of the firearm. On demand | ||||||
6 | of a peace officer such transferor
shall produce for inspection | ||||||
7 | such record of transfer. If the transfer or sale took place at | ||||||
8 | a gun show, the record shall include the unique identification | ||||||
9 | number. Failure to record the unique identification number is a | ||||||
10 | petty offense.
| ||||||
11 | (b-5) Any resident may purchase ammunition from a person | ||||||
12 | within or outside of Illinois if shipment is by United States | ||||||
13 | mail or by a private express carrier authorized by federal law | ||||||
14 | to ship ammunition. Any resident purchasing ammunition within | ||||||
15 | or outside the State of Illinois must provide the seller with a | ||||||
16 | copy of his or her valid Firearm Owner's Identification Card | ||||||
17 | and either his or her Illinois driver's license or Illinois | ||||||
18 | State Identification Card prior to the shipment of the | ||||||
19 | ammunition. The ammunition may be shipped only to an address on | ||||||
20 | either of those 2 documents. | ||||||
21 | (c) The provisions of this Section regarding the transfer | ||||||
22 | of firearm
ammunition shall not apply to those persons | ||||||
23 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
24 | (Source: P.A. 97-1135, eff. 12-4-12.)
| ||||||
25 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
| |||||||
| |||||||
1 | Sec. 5. The Department of State Police shall either approve | ||||||
2 | or
deny all applications within 30 days from the date they are | ||||||
3 | received,
and every applicant found qualified under pursuant to | ||||||
4 | Section 8 of this Act by
the Department shall be entitled to a | ||||||
5 | Firearm Owner's Identification
Card upon the payment of a $18 | ||||||
6 | $10 fee. Any applicant who is an active duty member of the | ||||||
7 | Armed Forces of the United States, a member of the Illinois | ||||||
8 | National Guard, or a member of the Reserve Forces of the United | ||||||
9 | States is exempt from the application fee. $6 of each fee | ||||||
10 | derived from the
issuance of Firearm Owner's Identification | ||||||
11 | Cards, or renewals thereof,
shall be deposited in the Wildlife | ||||||
12 | and Fish Fund in the State Treasury;
$1 of the such fee shall | ||||||
13 | be deposited in the State Police Services Fund and $11 $3 of | ||||||
14 | the such fee shall be deposited in the
State Police Firearm | ||||||
15 | Services Fund. Firearm Owner's Notification Fund. Monies in the | ||||||
16 | Firearm Owner's
Notification Fund shall be used exclusively to | ||||||
17 | pay for the cost of sending
notices of expiration of Firearm | ||||||
18 | Owner's Identification Cards under Section
13.2 of this Act.
| ||||||
19 | Excess monies in the Firearm Owner's Notification Fund shall be | ||||||
20 | used to
ensure the prompt and efficient processing of | ||||||
21 | applications received under
Section 4 of this Act.
| ||||||
22 | (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
| ||||||
23 | (430 ILCS 65/5.1 new) | ||||||
24 | Sec. 5.1. State Police Firearm Services Fund. All moneys | ||||||
25 | remaining in the Firearm Owner's Notification Fund on the |
| |||||||
| |||||||
1 | effective date of this
amendatory Act of the 98th General | ||||||
2 | Assembly shall be
transferred into the State Police Firearm | ||||||
3 | Services Fund, a special
fund created in the State treasury, to | ||||||
4 | be expended by the Department
of State Police, for the purposes | ||||||
5 | specified in this Act and Section 2605-595 of the Department of | ||||||
6 | State Police Law of the
Civil Administrative Code of Illinois.
| ||||||
7 | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| ||||||
8 | Sec. 9.
| ||||||
9 | (a) Every person whose application for a Firearm Owner's | ||||||
10 | Identification
Card is denied, and every holder of such a Card | ||||||
11 | whose Card is revoked
or seized, shall receive a written notice | ||||||
12 | from the Department of State
Police stating specifically the | ||||||
13 | grounds upon which
his application has
been denied or upon | ||||||
14 | which his Identification Card has been revoked.
| ||||||
15 | (b) Any person who has received notice from the Department | ||||||
16 | of State Police stating his or her card is revoked shall | ||||||
17 | immediately return the card to the Department of State Police. | ||||||
18 | Failure to return his or her card shall be a business offense | ||||||
19 | with a minimum fine of $100. After being served notice, persons | ||||||
20 | who use their revoked card to purchase any firearm, firearm | ||||||
21 | ammunition, or firearm ammunition feeding device shall be | ||||||
22 | guilty of a Class 4 felony. | ||||||
23 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
24 | (430 ILCS 65/12) (from Ch. 38, par. 83-12)
|
| |||||||
| |||||||
1 | Sec. 12.
The provisions of this Act shall not apply to the | ||||||
2 | passing or
transfer of any firearm or firearm ammunition upon | ||||||
3 | the death of the owner
thereof to his or her heir or legatee or | ||||||
4 | to the passing or transfer of any firearm
or firearm ammunition | ||||||
5 | to a person incident to any legal proceeding or action until 60
| ||||||
6 | days after the such passing or transfer , if the heir, legatee, | ||||||
7 | or person is eligible for a Firearm Owner's Identification Card | ||||||
8 | or not otherwise prohibited from the possession of firearms or | ||||||
9 | firearm ammunition. If the heir, legatee, or person is | ||||||
10 | ineligible or prohibited from the possession of firearms or | ||||||
11 | firearm ammunition, he or she must immediately transfer the | ||||||
12 | firearm or firearm ammunition to a person with a valid Firearm | ||||||
13 | Owner's Identification Card .
| ||||||
14 | (Source: Laws 1967, p. 2600.)
| ||||||
15 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
16 | Sec. 13.2.
The Department of State Police shall, 60 days
| ||||||
17 | prior to the expiration of a Firearm Owner's Identification | ||||||
18 | Card,
forward by first class mail to each person whose card is | ||||||
19 | to expire a
notification of the
expiration of the card and an | ||||||
20 | application which may be used to
apply for renewal of the card.
| ||||||
21 | It is the obligation of the holder of a Firearm Owner's | ||||||
22 | Identification Card
to notify the Department of State Police of | ||||||
23 | any address change since the
issuance of
the Firearm Owner's | ||||||
24 | Identification Card. Whenever any person moves from the | ||||||
25 | residence address named on his or her card, the person shall |
| |||||||
| |||||||
1 | within 21 calendar days thereafter notify in a form and manner | ||||||
2 | prescribed by the Department of his or her old and new | ||||||
3 | residence addresses and the card number held by him or her. Any | ||||||
4 | person whose legal name has changed from the name on the card | ||||||
5 | that he or she has been previously issued must apply for a | ||||||
6 | corrected card within 30 calendar days after the change. The | ||||||
7 | cost for a corrected card shall be $5 which shall be deposited | ||||||
8 | into the State Police Firearm Services Fund Firearm Owner's | ||||||
9 | Notification Fund .
| ||||||
10 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
11 | Section 105. The Criminal Code of 2012 is amended by | ||||||
12 | changing Sections 21-6, 24-1, 24-1.6, 24-2, 24-3, 24-3.1, | ||||||
13 | 24-3A, and 24-9 and by adding Sections 24-1.9, 24-1.10, and | ||||||
14 | 24-4.1 as follows:
| ||||||
15 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
16 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
17 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
18 | Section 33A-1
in any building or on land supported in whole or | ||||||
19 | in part with public
funds or in any building on such land | ||||||
20 | without
prior written permission from the chief security | ||||||
21 | officer for such land or
building commits a Class A | ||||||
22 | misdemeanor.
| ||||||
23 | (b) The chief security officer must grant any reasonable | ||||||
24 | request for
permission under paragraph (a).
|
| |||||||
| |||||||
1 | (c) This Section shall not apply to a person who has been | ||||||
2 | issued a concealed carry license and is acting lawfully under | ||||||
3 | the Gun Safety and Responsibility Act. | ||||||
4 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
5 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
6 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
7 | (a) A person commits the offense of unlawful use of weapons | ||||||
8 | when
he knowingly:
| ||||||
9 | (1) Sells, manufactures, purchases, possesses or | ||||||
10 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
11 | sand-bag, metal knuckles or other knuckle weapon | ||||||
12 | regardless of its composition, throwing star,
or any knife, | ||||||
13 | commonly referred to as a switchblade knife, which has a
| ||||||
14 | blade that opens automatically by hand pressure applied to | ||||||
15 | a button,
spring or other device in the handle of the | ||||||
16 | knife, or a ballistic knife,
which is a device that propels | ||||||
17 | a knifelike blade as a projectile by means
of a coil | ||||||
18 | spring, elastic material or compressed gas; or
| ||||||
19 | (2) Carries or possesses with intent to use the same | ||||||
20 | unlawfully
against another, a dagger, dirk, billy, | ||||||
21 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
22 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
23 | deadly weapon or instrument of like character; or
| ||||||
24 | (3) Carries on or about his person or in any vehicle, a | ||||||
25 | tear gas gun
projector or bomb or any object containing |
| |||||||
| |||||||
1 | noxious liquid gas or
substance, other than an object | ||||||
2 | containing a non-lethal noxious liquid gas
or substance | ||||||
3 | designed solely for personal defense carried by a person 18
| ||||||
4 | years of age or older; or
| ||||||
5 | (4) Carries or possesses in any vehicle or concealed on | ||||||
6 | or about his
person except when on his land or in his own | ||||||
7 | abode, legal dwelling, or fixed place of
business, or on | ||||||
8 | the land or in the legal dwelling of another person as an | ||||||
9 | invitee with that person's permission, any pistol, | ||||||
10 | revolver, stun gun or taser or other firearm, except
that
| ||||||
11 | this subsection (a) (4) does not apply to or affect | ||||||
12 | transportation of weapons
that meet one of the following | ||||||
13 | conditions:
| ||||||
14 | (i) are broken down in a non-functioning state; or
| ||||||
15 | (ii) are not immediately accessible; or
| ||||||
16 | (iii) are unloaded and enclosed in a firearm case, | ||||||
17 | firearm carrying box,
shipping box, or other similar | ||||||
18 | portable container designed for the safe | ||||||
19 | transportation of firearms by a person who has been | ||||||
20 | issued a currently
valid Firearm Owner's
| ||||||
21 | Identification Card; or
| ||||||
22 | (5) Sets a spring gun; or
| ||||||
23 | (6) Possesses any device or attachment of any kind | ||||||
24 | designed, used or
intended for use in silencing the report | ||||||
25 | of any firearm; or
| ||||||
26 | (7) Sells, manufactures, purchases, possesses or |
| |||||||
| |||||||
1 | carries:
| ||||||
2 | (i) a machine gun, which shall be defined for the | ||||||
3 | purposes of this
subsection as any weapon,
which | ||||||
4 | shoots, is designed to shoot, or can be readily | ||||||
5 | restored to shoot,
automatically more than one shot | ||||||
6 | without manually reloading by a single
function of the | ||||||
7 | trigger, including the frame or receiver
of any such | ||||||
8 | weapon, or sells, manufactures, purchases, possesses, | ||||||
9 | or
carries any combination of parts designed or | ||||||
10 | intended for
use in converting any weapon into a | ||||||
11 | machine gun, or any combination or
parts from which a | ||||||
12 | machine gun can be assembled if such parts are in the
| ||||||
13 | possession or under the control of a person;
| ||||||
14 | (ii) any rifle having one or
more barrels less than | ||||||
15 | 16 inches in length or a shotgun having one or more
| ||||||
16 | barrels less than 18 inches in length or any weapon | ||||||
17 | made from a rifle or
shotgun, whether by alteration, | ||||||
18 | modification, or otherwise, if such a weapon
as | ||||||
19 | modified has an overall length of less than 26 inches; | ||||||
20 | or
| ||||||
21 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
22 | other container containing an
explosive substance of | ||||||
23 | over one-quarter ounce for like purposes, such
as, but | ||||||
24 | not limited to, black powder bombs and Molotov | ||||||
25 | cocktails or
artillery projectiles; or
| ||||||
26 | (8) Carries or possesses any firearm, stun gun or taser |
| |||||||
| |||||||
1 | or other
deadly weapon in any place which is licensed to | ||||||
2 | sell intoxicating
beverages, or at any public gathering | ||||||
3 | held pursuant to a license issued
by any governmental body | ||||||
4 | or any public gathering at which an admission
is charged, | ||||||
5 | excluding a place where a showing, demonstration or lecture
| ||||||
6 | involving the exhibition of unloaded firearms is | ||||||
7 | conducted.
| ||||||
8 | This subsection (a)(8) does not apply to any auction or | ||||||
9 | raffle of a firearm
held pursuant to
a license or permit | ||||||
10 | issued by a governmental body, nor does it apply to persons
| ||||||
11 | engaged
in firearm safety training courses; or
| ||||||
12 | (9) Carries or possesses in a vehicle or on or about | ||||||
13 | his person any
pistol, revolver, stun gun or taser or | ||||||
14 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
15 | masked in such manner as to conceal his identity; or
| ||||||
16 | (10) Carries or possesses on or about his person, upon | ||||||
17 | any public street,
alley, or other public lands within the | ||||||
18 | corporate limits of a city, village
or incorporated town, | ||||||
19 | except when an invitee thereon or therein, for the
purpose | ||||||
20 | of the display of such weapon or the lawful commerce in | ||||||
21 | weapons, or
except when on his land or in his own abode, | ||||||
22 | legal dwelling, or fixed place of business, or on the land | ||||||
23 | or in the legal dwelling of another person as an invitee | ||||||
24 | with that person's permission, any
pistol, revolver, stun | ||||||
25 | gun or taser or other firearm, except that this
subsection | ||||||
26 | (a) (10) does not apply to or affect transportation of |
| |||||||
| |||||||
1 | weapons that
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 firearm case, | ||||||
5 | firearm carrying box,
shipping box, or other similar | ||||||
6 | portable container designed for the safe | ||||||
7 | transportation of firearms by a person who has been | ||||||
8 | issued a currently
valid Firearm Owner's
| ||||||
9 | Identification Card.
| ||||||
10 | A "stun gun or taser", as used in this paragraph (a) | ||||||
11 | means (i) any device
which is powered by electrical | ||||||
12 | charging units, such as, batteries, and
which fires one or | ||||||
13 | several barbs attached to a length of wire and
which, upon | ||||||
14 | hitting a human, can send out a current capable of | ||||||
15 | disrupting
the person's nervous system in such a manner as | ||||||
16 | to render him incapable of
normal functioning or (ii) any | ||||||
17 | device which is powered by electrical
charging units, such | ||||||
18 | as batteries, and which, upon contact with a human or
| ||||||
19 | clothing worn by a human, can send out current capable of | ||||||
20 | disrupting
the person's nervous system in such a manner as | ||||||
21 | to render him incapable
of normal functioning; or
| ||||||
22 | (11) Sells, manufactures or purchases any explosive | ||||||
23 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
24 | bullet" means the projectile portion of
an ammunition | ||||||
25 | cartridge which contains or carries an explosive charge | ||||||
26 | which
will explode upon contact with the flesh of a human |
| |||||||
| |||||||
1 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
2 | a projectile affixed at the
front thereof and a cap or | ||||||
3 | primer at the rear end thereof, with the
propellant | ||||||
4 | contained in such tube between the projectile and the cap; | ||||||
5 | or
| ||||||
6 | (12) (Blank); or
| ||||||
7 | (13) Carries or possesses on or about his or her person | ||||||
8 | while in a building occupied by a unit of government, a | ||||||
9 | billy club, other weapon of like character, or other | ||||||
10 | instrument of like character intended for use as a weapon. | ||||||
11 | For the purposes of this Section, "billy club" means a | ||||||
12 | short stick or club commonly carried by police officers | ||||||
13 | which is either telescopic or constructed of a solid piece | ||||||
14 | of wood or other man-made material. | ||||||
15 | (b) Sentence. A person convicted of a violation of | ||||||
16 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
17 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
18 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
19 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
20 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
21 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
22 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
23 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
24 | of not less than 3 years and not more than 7 years, unless the | ||||||
25 | weapon is possessed in the
passenger compartment of a motor | ||||||
26 | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or on the person, while the weapon is loaded, in which
| ||||||
2 | case it shall be a Class X felony. A person convicted of a
| ||||||
3 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
4 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
5 | felony. The possession of each weapon in violation of this | ||||||
6 | Section constitutes a single and separate violation.
| ||||||
7 | (c) Violations in specific places.
| ||||||
8 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
10 | the time of year, in 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, in a
public park, in a courthouse, on the real | ||||||
14 | property comprising any school,
regardless of the
time of | ||||||
15 | day or the time of year, on residential property owned, | ||||||
16 | operated
or
managed by a public housing agency
or leased by | ||||||
17 | a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development,
on the real property comprising | ||||||
19 | any
public park, on the real property comprising any | ||||||
20 | courthouse, in any conveyance
owned, leased or contracted | ||||||
21 | by a school to
transport students to or from school or a | ||||||
22 | school related activity, in any conveyance
owned, leased, | ||||||
23 | or contracted by a public transportation agency, or on any
| ||||||
24 | public way within 1,000 feet of the real property | ||||||
25 | comprising any school,
public park, courthouse, public | ||||||
26 | transportation facility, or residential property owned, |
| |||||||
| |||||||
1 | operated, or managed
by a public housing agency
or leased | ||||||
2 | by a public housing agency as part of a scattered site or
| ||||||
3 | mixed-income development
commits a Class 2 felony and shall | ||||||
4 | be sentenced to a term of imprisonment of not less than 3 | ||||||
5 | years and not more than 7 years.
| ||||||
6 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
7 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
8 | time of day or the time of year,
in residential property | ||||||
9 | owned, operated, or managed by a public
housing
agency
or | ||||||
10 | leased by a public housing agency as part of a scattered | ||||||
11 | site or
mixed-income development,
in
a public
park, in a | ||||||
12 | courthouse, on the real property comprising any school, | ||||||
13 | regardless
of the time of day or the time of year, on | ||||||
14 | residential property owned,
operated, or managed by a | ||||||
15 | public housing agency
or leased by a public housing agency | ||||||
16 | as part of a scattered site or
mixed-income development,
on | ||||||
17 | the real property
comprising any public park, on the real | ||||||
18 | property comprising any courthouse, in
any conveyance | ||||||
19 | owned, leased, or contracted by a school to transport | ||||||
20 | students
to or from school or a school related activity, in | ||||||
21 | any conveyance
owned, leased, or contracted by a public | ||||||
22 | transportation agency, or on any public way within
1,000 | ||||||
23 | feet of the real property comprising any school, public | ||||||
24 | park, courthouse,
public transportation facility, or | ||||||
25 | residential property owned, operated, or managed by a | ||||||
26 | public
housing agency
or leased by a public housing agency |
| |||||||
| |||||||
1 | as part of a scattered site or
mixed-income development
| ||||||
2 | commits a Class 3 felony.
| ||||||
3 | (2) A person who violates subsection 24-1(a)(1), | ||||||
4 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
5 | time of day or the time of year, in
residential property | ||||||
6 | owned, operated or managed by a public housing
agency
or | ||||||
7 | leased by a public housing agency as part of a scattered | ||||||
8 | site or
mixed-income development,
in
a public park, in a | ||||||
9 | courthouse, on the real property comprising any school,
| ||||||
10 | regardless of the time of day or the time of year, on | ||||||
11 | residential property
owned, operated or managed by a public | ||||||
12 | housing agency
or leased by a public housing agency as part | ||||||
13 | of a scattered site or
mixed-income development,
on the | ||||||
14 | real property
comprising any public park, on the real | ||||||
15 | property comprising any courthouse, in
any conveyance | ||||||
16 | owned, leased or contracted by a school to transport | ||||||
17 | students
to or from school or a school related activity, in | ||||||
18 | any conveyance
owned, leased, or contracted by a public | ||||||
19 | transportation agency, or on any public way within
1,000 | ||||||
20 | feet of the real property comprising any school, public | ||||||
21 | park, courthouse,
public transportation facility, or | ||||||
22 | residential property owned, operated, or managed by a | ||||||
23 | public
housing agency or leased by a public housing agency | ||||||
24 | as part of a scattered
site or mixed-income development | ||||||
25 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
26 | that is used by the Circuit, Appellate, or Supreme Court of
|
| |||||||
| |||||||
1 | this State for the conduct of official business.
| ||||||
2 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
3 | (c) shall not
apply to law
enforcement officers or security | ||||||
4 | officers of such school, college, or
university or to | ||||||
5 | students carrying or possessing firearms for use in | ||||||
6 | training
courses, parades, hunting, target shooting on | ||||||
7 | school ranges, or otherwise with
the consent of school | ||||||
8 | authorities and which firearms are transported unloaded
| ||||||
9 | enclosed in a suitable case, box, or transportation | ||||||
10 | package.
| ||||||
11 | (4) For the purposes of this subsection (c), "school" | ||||||
12 | means any public or
private elementary or secondary school, | ||||||
13 | community college, college, or
university.
| ||||||
14 | (5) For the purposes of this subsection (c), "public | ||||||
15 | transportation agency" means a public or private agency | ||||||
16 | that provides for the transportation or conveyance of
| ||||||
17 | persons by means available to the general public, except | ||||||
18 | for transportation
by automobiles not used for conveyance | ||||||
19 | of the general public as passengers; and "public | ||||||
20 | transportation facility" means a terminal or other place
| ||||||
21 | where one may obtain public transportation.
| ||||||
22 | (d) The presence in an automobile other than a public | ||||||
23 | omnibus of any
weapon, instrument or substance referred to in | ||||||
24 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
25 | possession of, and is being
carried by, all persons occupying | ||||||
26 | such automobile at the time such
weapon, instrument or |
| |||||||
| |||||||
1 | substance is found, except under the following
circumstances: | ||||||
2 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
3 | the person of one of the occupants therein; or (ii) if such
| ||||||
4 | weapon, instrument or substance is found in an automobile | ||||||
5 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
6 | and proper pursuit of
his trade, then such presumption shall | ||||||
7 | not apply to the driver.
| ||||||
8 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
9 | Underwater
Spearguns are exempted from the definition of | ||||||
10 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
11 | of this Section.
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
13 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
14 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
15 | (720 ILCS 5/24-1.6) | ||||||
16 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
17 | (a) A person commits the offense of aggravated unlawful use | ||||||
18 | of a weapon when
he or she knowingly: | ||||||
19 | (1) Carries on or about his or her person or in any | ||||||
20 | vehicle or concealed
on or about his or her person except | ||||||
21 | when on his or her land or in his or her
abode, legal | ||||||
22 | dwelling, or fixed place of business, or on the land or in | ||||||
23 | the legal dwelling of another person as an invitee with | ||||||
24 | that person's permission, any pistol, revolver, stun gun or | ||||||
25 | taser or
other firearm; or |
| |||||||
| |||||||
1 | (2) Carries or possesses on or about his or her person, | ||||||
2 | upon any public
street, alley, or other public lands within | ||||||
3 | the corporate limits of a city,
village or incorporated | ||||||
4 | town, except when an invitee thereon or therein, for
the | ||||||
5 | purpose of the display of such weapon or the lawful | ||||||
6 | commerce in weapons, or
except when on his or her own land | ||||||
7 | or in his or her own abode, legal dwelling, or fixed place | ||||||
8 | of
business, or on the land or in the legal dwelling of | ||||||
9 | another person as an invitee with that person's permission, | ||||||
10 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
11 | and | ||||||
12 | (3) One of the following factors is present: | ||||||
13 | (A) the firearm possessed was uncased, loaded and | ||||||
14 | immediately accessible
at the time of the offense; or | ||||||
15 | (B) the firearm possessed was uncased, unloaded | ||||||
16 | and the ammunition for
the weapon was immediately | ||||||
17 | accessible at the time of the offense; or | ||||||
18 | (C) the person possessing the firearm has not been | ||||||
19 | issued a currently
valid Firearm Owner's | ||||||
20 | Identification Card; or | ||||||
21 | (D) the person possessing the weapon was | ||||||
22 | previously adjudicated
a delinquent minor under the | ||||||
23 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
24 | by an adult would be a felony; or | ||||||
25 | (E) the person possessing the weapon was engaged in | ||||||
26 | a misdemeanor
violation of the Cannabis
Control Act, in |
| |||||||
| |||||||
1 | a misdemeanor violation of the Illinois Controlled | ||||||
2 | Substances
Act, or in a misdemeanor violation of the | ||||||
3 | Methamphetamine Control and Community Protection Act; | ||||||
4 | or | ||||||
5 | (F) (blank); or | ||||||
6 | (G) the person possessing the weapon had a order of | ||||||
7 | protection issued
against him or her within the | ||||||
8 | previous 2 years; or | ||||||
9 | (H) the person possessing the weapon was engaged in | ||||||
10 | the commission or
attempted commission of
a | ||||||
11 | misdemeanor involving the use or threat of violence | ||||||
12 | against
the person or property of another; or | ||||||
13 | (I) the person possessing the weapon was under 21 | ||||||
14 | years of age and in
possession of a handgun as defined | ||||||
15 | in Section 24-3, unless the person under 21
is engaged | ||||||
16 | in lawful activities under the Wildlife Code or | ||||||
17 | 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 firearm case, | ||||||
26 | firearm carrying box,
shipping box, or other similar |
| |||||||
| |||||||
1 | portable container designed for the safe | ||||||
2 | transportation of firearms by a person who has been | ||||||
3 | issued a currently
valid Firearm Owner's
| ||||||
4 | Identification Card. | ||||||
5 | (d) Sentence. | ||||||
6 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
7 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
8 | for which the person shall be sentenced to a term of | ||||||
9 | imprisonment of not less than 3 years and not more than 7 | ||||||
10 | years. | ||||||
11 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
12 | (4) of this subsection (d), a first offense of aggravated | ||||||
13 | unlawful use of a weapon committed with a firearm by a | ||||||
14 | person 18 years of age or older where the factors listed in | ||||||
15 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
16 | are present is a Class 4 felony, for which the person shall | ||||||
17 | be sentenced to a term of imprisonment of not less than one | ||||||
18 | year and not more than 3 years. | ||||||
19 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
20 | has been previously
convicted of a felony in this State or | ||||||
21 | another jurisdiction is a Class 2
felony for which the | ||||||
22 | person shall be sentenced to a term of imprisonment of not | ||||||
23 | less than 3 years and not more than 7 years. | ||||||
24 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
25 | or in possession of body armor as defined in Section 33F-1 | ||||||
26 | by a person who has not been issued a valid Firearms |
| |||||||
| |||||||
1 | Owner's Identification Card in accordance with Section 5 of | ||||||
2 | the Firearm Owners Identification Card Act is a Class X | ||||||
3 | felony.
| ||||||
4 | (e) The possession of each firearm in violation of this | ||||||
5 | Section constitutes a single and separate violation. | ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
7 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.) | ||||||
8 | (720 ILCS 5/24-1.9 new) | ||||||
9 | Sec. 24-1.9. Possession, delivery, sale, and purchase of | ||||||
10 | assault weapons, .50 caliber rifles, and .50 caliber | ||||||
11 | cartridges. | ||||||
12 | (a) Definitions. As used in this Section: | ||||||
13 | (1) "Assault weapon" means: | ||||||
14 | (A) any rifle which has a belt fed ammunition | ||||||
15 | system or which has a detachable magazine capable of | ||||||
16 | holding more than 10 rounds of ammunition; | ||||||
17 | (B) a semi-automatic rifle that has the ability to | ||||||
18 | accept a detachable magazine and has any of the | ||||||
19 | following: | ||||||
20 | (i) a folding or telescoping stock; or | ||||||
21 | (ii) a shroud that is attached to, or partially | ||||||
22 | or completely encircles the barrel, and that | ||||||
23 | permits the shooter to hold the firearm with the | ||||||
24 | non-trigger hand without being burned; | ||||||
25 | (C) a semi-automatic pistol that has the ability to |
| |||||||
| |||||||
1 | accept a detachable magazine and has any of the | ||||||
2 | following: | ||||||
3 | (i) a folding or telescoping stock; | ||||||
4 | (ii) a shroud that is attached to, or partially | ||||||
5 | or completely encircles the barrel, and that | ||||||
6 | permits the shooter to hold the firearm with the | ||||||
7 | non-trigger hand without being burned; or | ||||||
8 | (iii) a manufactured weight of 50 ounces or | ||||||
9 | more when the pistol is unloaded. | ||||||
10 | (D) a semi-automatic rifle with a fixed magazine | ||||||
11 | that has the capacity to accept more than 10 rounds of | ||||||
12 | ammunition; | ||||||
13 | (E) a semi-automatic shotgun that has: | ||||||
14 | (i) a folding or telescoping stock; and | ||||||
15 | (ii) contains its ammunition in a revolving | ||||||
16 | cylinder; or | ||||||
17 | (iii) a fixed magazine capacity in excess of 5 | ||||||
18 | rounds of ammunition, except as may be authorized | ||||||
19 | under the Wildlife Code and excluding magazine | ||||||
20 | extensions during the snow geese conservation | ||||||
21 | order season; or | ||||||
22 | (iv) an ability to accept a detachable | ||||||
23 | magazine of more than 5 rounds of ammunition. | ||||||
24 | "Assault weapon" does not include: | ||||||
25 | (A) any firearm that: | ||||||
26 | (i) is manually operated by bolt, pump, lever, |
| |||||||
| |||||||
1 | or slide action; | ||||||
2 | (ii) is an unserviceable firearm or has been | ||||||
3 | made permanently inoperable; | ||||||
4 | (iii) is an antique firearm; | ||||||
5 | (iv) uses rimfire ammunition or cartridges;
or | ||||||
6 | (iv) has been excluded as an assault weapon in | ||||||
7 | a Department of Natural Resources rule. The | ||||||
8 | Department of Natural Resources shall have the | ||||||
9 | authority to adopt rules to further define | ||||||
10 | exclusions of assault weapon types under this | ||||||
11 | Section, provided the make, model, and caliber of | ||||||
12 | the firearm excluded has a viable application to | ||||||
13 | hunting game and conforms to accepted hunting | ||||||
14 | principles of fair chase. | ||||||
15 | (B) any air rifle as defined in Section 24.8-0.1 of | ||||||
16 | this Code. | ||||||
17 | For the purposes of this Section, a firearm is considered | ||||||
18 | to have the ability to accept a detachable magazine unless the | ||||||
19 | magazine or ammunition feeding device can only be removed | ||||||
20 | through disassembly of the firearm action. | ||||||
21 | (2) "Assault weapon attachment" means any device | ||||||
22 | capable of being attached to a firearm that is specifically | ||||||
23 | designed for making or converting a firearm into any of the | ||||||
24 | firearms listed in paragraph (1) of this subsection (a). | ||||||
25 | (3) "Antique firearm" has the meaning ascribed to it in | ||||||
26 | 18 U.S.C. 921 (a)(16). |
| |||||||
| |||||||
1 | (4) ".50 caliber rifle" means a centerfire rifle | ||||||
2 | capable of firing a .50 caliber cartridge. The term does | ||||||
3 | not include any antique firearm, any shotgun including a | ||||||
4 | shotgun that has a rifle barrel, or any muzzle-loader which | ||||||
5 | uses black powder for hunting or historical re-enactments. | ||||||
6 | (5) ".50 caliber cartridge" means a cartridge in .50 | ||||||
7 | BMG caliber, either by designation or actual measurement, | ||||||
8 | that is capable of being fired from a centerfire rifle. The | ||||||
9 | term ".50 caliber cartridge" does not include any | ||||||
10 | memorabilia or display item that is filled with a permanent | ||||||
11 | inert substance or that is otherwise permanently altered in | ||||||
12 | a manner that prevents ready modification for use as live | ||||||
13 | ammunition or shotgun ammunition with a caliber | ||||||
14 | measurement that is equal to or greater than .50 caliber. | ||||||
15 | (6) "Locking mechanism" means secured by a device or | ||||||
16 | mechanism, other than the firearm safety, designed to | ||||||
17 | render a firearm temporarily inoperable; or a box or | ||||||
18 | container capable of containing the firearm and that can be | ||||||
19 | securely locked. | ||||||
20 | (b) The Department of State Police shall take all steps | ||||||
21 | necessary to carry out the requirements of this Section within | ||||||
22 | 180 days after the effective date of this amendatory Act of the | ||||||
23 | 98th General Assembly. | ||||||
24 | (c) Except as provided in subsections (d), (e), (f), and | ||||||
25 | (h) of this Section, on or after the effective date of this | ||||||
26 | amendatory Act of the 98th General Assembly, it is unlawful for |
| |||||||
| |||||||
1 | any person within this State to knowingly deliver, sell, or | ||||||
2 | purchase or cause to be delivered, sold, or purchased or cause | ||||||
3 | to be possessed by another, an assault weapon, assault weapon | ||||||
4 | attachment, .50 caliber rifle, or .50 caliber cartridge. | ||||||
5 | (d) Except as otherwise provided in subsections (e), (f), | ||||||
6 | and (h) of this Section, 300 days after the effective date of | ||||||
7 | this amendatory Act of the 98th General Assembly, it is | ||||||
8 | unlawful for any person within this State to knowingly possess | ||||||
9 | an assault weapon, .50 caliber rifle, or .50 caliber cartridge. | ||||||
10 | (e) This Section does not apply to a person who possessed | ||||||
11 | an assault weapon or .50 caliber rifle prohibited by subsection | ||||||
12 | (d) of this Section before the effective date of this | ||||||
13 | amendatory Act of the 98th General Assembly, provided the | ||||||
14 | person has provided in a registration affidavit, under oath or | ||||||
15 | affirmation and in the form and manner prescribed by the | ||||||
16 | Department of State Police on or after 180 days after the | ||||||
17 | effective date of this amendatory Act of the 98th General | ||||||
18 | Assembly but within 300 days after the effective date of this | ||||||
19 | amendatory Act of the 98th General Assembly: | ||||||
20 | (1) his or her name; | ||||||
21 | (2) date of birth; | ||||||
22 | (3) Firearm Owner's Identification Card number; | ||||||
23 | (4) the make, model, caliber, and serial number of the | ||||||
24 | weapon; and | ||||||
25 | (5) proof of a locking mechanism that properly fits the | ||||||
26 | weapon. The affidavit shall include a statement that the |
| |||||||
| |||||||
1 | weapon is owned by the person submitting the affidavit and | ||||||
2 | that he or she owns a locking mechanism for the weapon. | ||||||
3 | The affidavit form shall include the following statement | ||||||
4 | printed in bold type: "Warning: Entering false information on | ||||||
5 | this form is punishable as perjury under Section 32-2 of the | ||||||
6 | Criminal Code of 2012." | ||||||
7 | Beginning 300 days after the effective date of this | ||||||
8 | amendatory Act of the 98th General Assembly, the person may | ||||||
9 | transfer the assault weapon or .50 caliber rifle only to an | ||||||
10 | heir, an individual residing in another state maintaining it in | ||||||
11 | another state, or a dealer licensed as a federal firearms | ||||||
12 | dealer under Section 923 of the federal Gun Control Act of | ||||||
13 | 1968. Within 10 days after transfer of the weapon except to an | ||||||
14 | heir, the person shall notify the Department of State Police of | ||||||
15 | the name and address of the transferee and comply with the | ||||||
16 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
17 | Owners Identification Card Act. The person to whom the weapon | ||||||
18 | is transferred shall, within 60 days of the transfer, complete | ||||||
19 | an affidavit and pay the required registration fee under this | ||||||
20 | Section. A person to whom the weapon is transferred may | ||||||
21 | transfer it only as provided in this subsection. | ||||||
22 | (f) This Section does not apply to a peace officer who has | ||||||
23 | retired in good standing from a law enforcement agency of this | ||||||
24 | State and who possesses an assault weapon or .50 caliber rifle | ||||||
25 | prohibited by subsection (d) of this Section, if the weapon was | ||||||
26 | lawfully possessed and acquired by the peace officer prior to |
| |||||||
| |||||||
1 | retirement and the retired peace officer within 30 days of | ||||||
2 | retirement registers the weapon with the Department of State | ||||||
3 | Police and pays the required registration fee under this | ||||||
4 | Section. The retired peace officer shall comply with the | ||||||
5 | transfer and notification requirements in subsection (e) of | ||||||
6 | this Section. | ||||||
7 | (g) For the purpose of registration required under | ||||||
8 | subsections (e) and (f) of this Section, the Department of | ||||||
9 | State Police shall assess a registration fee of $25 per person | ||||||
10 | to the owner of an assault weapon and $25 per person to the | ||||||
11 | owner of a .50 caliber rifle. The fees shall be deposited into | ||||||
12 | the State Police Firearm Services Fund. | ||||||
13 | (h) This Section does not apply to or affect any of the | ||||||
14 | following: | ||||||
15 | (1) Peace officers as defined in Section 2-13 of this | ||||||
16 | Code. | ||||||
17 | (2) Acquisition and possession by a local law | ||||||
18 | enforcement agency for the purpose of equipping the | ||||||
19 | agency's peace officers as defined in paragraph (1) of this | ||||||
20 | subsection. | ||||||
21 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
22 | penitentiaries, jails, and other institutions for the | ||||||
23 | detention of persons accused or convicted of an offense. | ||||||
24 | (4) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States or the Illinois National Guard, while in | ||||||
26 | the performance of their official duties or while traveling |
| |||||||
| |||||||
1 | to or from their place of duty. | ||||||
2 | (5) Any company that employs armed security officers in | ||||||
3 | this State at a nuclear energy, storage, weapons, or | ||||||
4 | development site or facility regulated by the federal | ||||||
5 | Nuclear Regulatory Commission and persons employed as an | ||||||
6 | armed security force member at a nuclear energy, storage, | ||||||
7 | weapons, or development site or facility regulated by the | ||||||
8 | federal Nuclear Regulatory Commission who have completed | ||||||
9 | the background screening and training mandated by the rules | ||||||
10 | and regulations of the federal Nuclear Regulatory | ||||||
11 | Commission and while in the performance of their official | ||||||
12 | duties. | ||||||
13 | (6) Manufacture, transportation, or sale of weapons, | ||||||
14 | attachments, or ammunition to persons authorized under | ||||||
15 | subdivisions (1) through (5) of this subsection (h) to | ||||||
16 | possess those items. | ||||||
17 | (7) Manufacture, transportation, or sale of weapons, | ||||||
18 | attachments, or ammunition for sale or transfer in another | ||||||
19 | state. | ||||||
20 | (8) Possession of any firearm if that firearm is | ||||||
21 | sanctioned by the International Olympic Committee and by | ||||||
22 | USA Shooting, the national governing body for | ||||||
23 | international shooting competition in the United States, | ||||||
24 | but only when the firearm is in the actual possession of an | ||||||
25 | Olympic target shooting competitor or target shooting | ||||||
26 | coach for the purpose of storage, transporting to and from |
| |||||||
| |||||||
1 | Olympic target shooting practice or events if the firearm | ||||||
2 | is broken down in a non-functioning state, is not | ||||||
3 | immediately accessible, or is unloaded and enclosed in a | ||||||
4 | firearm case, carrying box, shipping box, or other similar | ||||||
5 | portable container designed for the safe transportation of | ||||||
6 | firearms, and when the Olympic target shooting competitor | ||||||
7 | or target shooting coach is engaging in those practices or | ||||||
8 | events. For the purposes of this paragraph (8), "firearm" | ||||||
9 | is as defined in Section 1.1 of the Firearm Owners | ||||||
10 | Identification Card Act. | ||||||
11 | (9) Any non-resident who transports, within 24 hours, a | ||||||
12 | weapon for any lawful purpose from any place where he or | ||||||
13 | she may lawfully possess and carry that weapon to any other | ||||||
14 | place where he or she may lawfully possess and carry that | ||||||
15 | weapon if, during the transportation the weapon is | ||||||
16 | unloaded, and neither the weapon nor any ammunition being | ||||||
17 | transported is readily accessible or is directly | ||||||
18 | accessible from the passenger compartment of the | ||||||
19 | transporting vehicle. Provided that, in the case of a | ||||||
20 | vehicle without a compartment separate from the driver's | ||||||
21 | compartment the weapon or ammunition shall be contained in | ||||||
22 | a locked container other than the glove compartment or | ||||||
23 | console. | ||||||
24 | (10) Possession of a weapon at events taking place at | ||||||
25 | the World Shooting and Recreational Complex at Sparta, only | ||||||
26 | while engaged in the legal use of this weapon, or while |
| |||||||
| |||||||
1 | traveling to or from this location if the weapon is broken | ||||||
2 | down in a non-functioning state, or is not immediately | ||||||
3 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
4 | carrying box, shipping box, or other similar portable | ||||||
5 | container designed for the safe transportation of | ||||||
6 | firearms. | ||||||
7 | (11) Possession of a weapon only for hunting use | ||||||
8 | expressly permitted under the Wildlife Code, or while | ||||||
9 | traveling to or from a location authorized for this hunting | ||||||
10 | use under the Wildlife Code if the weapon is broken down in | ||||||
11 | a non-functioning state, or is not immediately accessible, | ||||||
12 | or is unloaded and enclosed in a firearm case, carrying | ||||||
13 | box, shipping box, or other similar portable container | ||||||
14 | designed for the safe transportation of firearms. | ||||||
15 | (12) The manufacture, transportation, possession, | ||||||
16 | sale, or rental of blank-firing assault weapons and .50 | ||||||
17 | caliber rifles, or the weapon's respective attachments, to | ||||||
18 | persons authorized or permitted, or both authorized and | ||||||
19 | permitted to acquire and possess these weapons or | ||||||
20 | attachments for the purpose of rental for use solely as | ||||||
21 | props for a motion picture, television, or video production | ||||||
22 | or entertainment event. | ||||||
23 | (i) Sentence. | ||||||
24 | (1) A person who knowingly delivers, sells, purchases, | ||||||
25 | or possesses or causes to be delivered, sold, purchased, or | ||||||
26 | possessed an assault weapon in violation of this Section |
| |||||||
| |||||||
1 | commits a Class 3 felony for a first violation and a Class | ||||||
2 | 2 felony for a second or subsequent violation or for the | ||||||
3 | possession or delivery of 2 or more of these weapons at the | ||||||
4 | same time. | ||||||
5 | (2) A person who knowingly delivers, sells, purchases, | ||||||
6 | or possesses or causes to be delivered, sold, purchased, or | ||||||
7 | possessed in violation of this Section an assault weapon | ||||||
8 | attachment commits a Class 4 felony for a first violation | ||||||
9 | and a Class 3 felony for a second or subsequent violation. | ||||||
10 | (3) A person who knowingly delivers, sells, purchases, | ||||||
11 | or possesses or causes to be delivered, sold, purchased, or | ||||||
12 | possessed in violation of this Section a .50 caliber rifle | ||||||
13 | commits a Class 3 felony for a first violation and a Class | ||||||
14 | 2 felony for a second or subsequent violation or for the | ||||||
15 | possession or delivery of 2 or more of these weapons at the | ||||||
16 | same time. | ||||||
17 | (4) A person who knowingly delivers, sells, purchases, | ||||||
18 | or possesses or causes to be delivered, sold, purchased, or | ||||||
19 | possessed in violation of this Section a .50 caliber | ||||||
20 | cartridge commits a Class A misdemeanor. | ||||||
21 | (5) Any other violation of this Section is a Class A | ||||||
22 | misdemeanor. | ||||||
23 | (720 ILCS 5/24-1.10 new) | ||||||
24 | Sec. 24-1.10. Delivery or sale of large capacity ammunition | ||||||
25 | feeding devices. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Large capacity ammunition feeding device" means: | ||||||
3 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
4 | device that has a capacity of, or that can be readily | ||||||
5 | restored or converted to accept, more than 10 rounds of | ||||||
6 | ammunition; or | ||||||
7 | (2) any combination of parts from which a device | ||||||
8 | described in paragraph (1) can be assembled. | ||||||
9 | "Large capacity ammunition feeding device" does not | ||||||
10 | include an attached tubular device designed to accept, and | ||||||
11 | capable of operating only with, .22 caliber rimfire ammunition. | ||||||
12 | "Large capacity ammunition feeding device" does not include a | ||||||
13 | tubular magazine
that is contained in a lever-action firearm or | ||||||
14 | any device that has been made permanently inoperable. | ||||||
15 | (b) Except as provided in subsection (c), it is unlawful | ||||||
16 | for any person within this State to knowingly deliver, sell, | ||||||
17 | purchase, or cause to be delivered, sold, or purchased a large | ||||||
18 | capacity ammunition feeding device. | ||||||
19 | (c) This Section does not apply to or affect any of the | ||||||
20 | following: | ||||||
21 | (1) Peace officers as defined in Section 2-13 of this | ||||||
22 | Code. | ||||||
23 | (2) A local law enforcement agency for the purpose of | ||||||
24 | equipping the agency's peace officers as defined in | ||||||
25 | paragraph (1) of this subsection. | ||||||
26 | (3) Wardens, superintendents, and keepers of prisons, |
| |||||||
| |||||||
1 | penitentiaries, jails, and other institutions for the | ||||||
2 | detention of persons accused or convicted of an offense. | ||||||
3 | (4) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United States or the Illinois National Guard, for the | ||||||
5 | performance of their official duties. | ||||||
6 | (5) Any company that employs armed security officers in | ||||||
7 | this State at a nuclear energy, storage, weapons, or | ||||||
8 | development site or facility regulated by the federal | ||||||
9 | Nuclear Regulatory Commission and persons employed as an | ||||||
10 | armed security force member at a nuclear energy, storage, | ||||||
11 | weapons, or development site or facility regulated by the | ||||||
12 | federal Nuclear Regulatory Commission who have completed | ||||||
13 | the background screening and training mandated by the rules | ||||||
14 | and regulations of the federal Nuclear Regulatory | ||||||
15 | Commission for the performance of their official duties. | ||||||
16 | (6) Sale of large capacity ammunition feeding devices | ||||||
17 | to persons authorized under subdivisions (1) through (5) of | ||||||
18 | this subsection (c) to possess those devices. | ||||||
19 | (7) Sale of large capacity ammunition feeding devices | ||||||
20 | for sale or transfer in another state. | ||||||
21 | (8) Sale or rental of large capacity ammunition feeding | ||||||
22 | devices for blank-firing assault weapons and .50 caliber | ||||||
23 | rifles, to persons authorized or permitted, or both | ||||||
24 | authorized and permitted to acquire these devices for the | ||||||
25 | purpose of rental for use solely as props for a motion | ||||||
26 | picture, television, or video production or entertainment |
| |||||||
| |||||||
1 | event. | ||||||
2 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
3 | purchases, or causes to be delivered, sold, or purchased in | ||||||
4 | violation of this Section a large capacity ammunition feeding | ||||||
5 | device capable of holding more than 15 rounds of ammunition | ||||||
6 | commits a Class 3 felony for a first violation and a Class 2 | ||||||
7 | felony for a second or subsequent violation or for delivery or | ||||||
8 | possession of 2 or more of these devices at the same time. Any | ||||||
9 | other violation of this Section is a Class A misdemeanor.
| ||||||
10 | (720 ILCS 5/24-2)
| ||||||
11 | Sec. 24-2. Exemptions.
| ||||||
12 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
13 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
14 | the following:
| ||||||
15 | (1) Peace officers, and any person summoned by a peace | ||||||
16 | officer to
assist in making arrests or preserving the | ||||||
17 | peace, while actually engaged in
assisting such officer.
| ||||||
18 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
19 | penitentiaries, jails and other institutions for the | ||||||
20 | detention of persons
accused or convicted of an offense, | ||||||
21 | while in the performance of their
official duty, or while | ||||||
22 | commuting between their homes and places of employment.
| ||||||
23 | (3) Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States
or the Illinois National Guard or the | ||||||
25 | Reserve Officers Training Corps,
while in the performance |
| |||||||
| |||||||
1 | of their official duty.
| ||||||
2 | (4) Special agents employed by a railroad or a public | ||||||
3 | utility to
perform police functions, and guards of armored | ||||||
4 | car companies, while
actually engaged in the performance of | ||||||
5 | the duties of their employment or
commuting between their | ||||||
6 | homes and places of employment; and watchmen
while actually | ||||||
7 | engaged in the performance of the duties of their | ||||||
8 | employment.
| ||||||
9 | (5) Persons licensed as private security contractors, | ||||||
10 | private
detectives, or private alarm contractors, or | ||||||
11 | employed by an agency
certified by the Department of | ||||||
12 | Financial and Professional Regulation, if their duties
| ||||||
13 | include the carrying of a weapon under the provisions of | ||||||
14 | the Private
Detective, Private Alarm,
Private Security, | ||||||
15 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
16 | actually
engaged in the performance of the duties of their | ||||||
17 | employment or commuting
between their homes and places of | ||||||
18 | employment, provided that such commuting
is accomplished | ||||||
19 | within one hour from departure from home or place of
| ||||||
20 | employment, as the case may be. A person shall be | ||||||
21 | considered eligible for this
exemption if he or she has | ||||||
22 | completed the required 20
hours of training for a private | ||||||
23 | security contractor, private
detective, or private alarm | ||||||
24 | contractor, or employee of a licensed agency and 20 hours | ||||||
25 | of required firearm
training, and has been issued a firearm | ||||||
26 | control card by
the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. Conditions for the renewal of
| ||||||
2 | firearm control cards issued under the provisions of this | ||||||
3 | Section
shall be the same as for those cards issued under | ||||||
4 | the provisions of the
Private Detective, Private Alarm,
| ||||||
5 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
6 | 2004. The
firearm control card shall be carried by the | ||||||
7 | private security contractor, private
detective, or private | ||||||
8 | alarm contractor, or employee of the licensed agency at all
| ||||||
9 | times when he or she is in possession of a concealable | ||||||
10 | weapon.
| ||||||
11 | (6) Any person regularly employed in a commercial or | ||||||
12 | industrial
operation as a security guard for the protection | ||||||
13 | of persons employed
and private property related to such | ||||||
14 | commercial or industrial
operation, while actually engaged | ||||||
15 | in the performance of his or her
duty or traveling between | ||||||
16 | sites or properties belonging to the
employer, and who, as | ||||||
17 | a security guard, is a member of a security force of
at | ||||||
18 | least 5 persons registered with the Department of Financial | ||||||
19 | and Professional
Regulation; provided that such security | ||||||
20 | guard has successfully completed a
course of study, | ||||||
21 | approved by and supervised by the Department of
Financial | ||||||
22 | and Professional Regulation, consisting of not less than 40 | ||||||
23 | hours of training
that includes the theory of law | ||||||
24 | enforcement, liability for acts, and the
handling of | ||||||
25 | weapons. A person shall be considered eligible for this
| ||||||
26 | exemption if he or she has completed the required 20
hours |
| |||||||
| |||||||
1 | of training for a security officer and 20 hours of required | ||||||
2 | firearm
training, and has been issued a firearm control | ||||||
3 | card by
the Department of Financial and Professional | ||||||
4 | Regulation. Conditions for the renewal of
firearm control | ||||||
5 | cards issued under the provisions of this Section
shall be | ||||||
6 | the same as for those cards issued under the provisions of | ||||||
7 | the
Private Detective, Private Alarm,
Private Security, | ||||||
8 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
9 | control card shall be carried by the security guard at all
| ||||||
10 | times when he or she is in possession of a concealable | ||||||
11 | weapon.
| ||||||
12 | (7) Agents and investigators of the Illinois | ||||||
13 | Legislative Investigating
Commission authorized by the | ||||||
14 | Commission to carry the weapons specified in
subsections | ||||||
15 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
16 | any investigation for the Commission.
| ||||||
17 | (8) Persons employed by a financial institution for the | ||||||
18 | protection of
other employees and property related to such | ||||||
19 | financial institution, while
actually engaged in the | ||||||
20 | performance of their duties, commuting between
their homes | ||||||
21 | and places of employment, or traveling between sites or
| ||||||
22 | properties owned or operated by such financial | ||||||
23 | institution, provided that
any person so employed has | ||||||
24 | successfully completed a course of study,
approved by and | ||||||
25 | supervised by the Department of Financial and Professional | ||||||
26 | Regulation,
consisting of not less than 40 hours of |
| |||||||
| |||||||
1 | training which includes theory of
law enforcement, | ||||||
2 | liability for acts, and the handling of weapons.
A person | ||||||
3 | shall be considered to be eligible for this exemption if he | ||||||
4 | or
she has completed the required 20 hours of training for | ||||||
5 | a security officer
and 20 hours of required firearm | ||||||
6 | training, and has been issued a
firearm control card by the | ||||||
7 | Department of Financial and Professional Regulation.
| ||||||
8 | Conditions for renewal of firearm control cards issued | ||||||
9 | under the
provisions of this Section shall be the same as | ||||||
10 | for those issued under the
provisions of the Private | ||||||
11 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
12 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
13 | card shall be carried by the person so
trained at all times | ||||||
14 | when such person is in possession of a concealable
weapon. | ||||||
15 | For purposes of this subsection, "financial institution" | ||||||
16 | means a
bank, savings and loan association, credit union or | ||||||
17 | company providing
armored car services.
| ||||||
18 | (9) Any person employed by an armored car company to | ||||||
19 | drive an armored
car, while actually engaged in the | ||||||
20 | performance of his duties.
| ||||||
21 | (10) Persons who have been classified as peace officers | ||||||
22 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
23 | (11) Investigators of the Office of the State's | ||||||
24 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
25 | governors of the Office of the
State's Attorneys Appellate | ||||||
26 | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
| |||||||
| |||||||
1 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
2 | (12) Special investigators appointed by a State's | ||||||
3 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
4 | (12.5) Probation officers while in the performance of | ||||||
5 | their duties, or
while commuting between their homes, | ||||||
6 | places of employment or specific locations
that are part of | ||||||
7 | their assigned duties, with the consent of the chief judge | ||||||
8 | of
the circuit for which they are employed.
| ||||||
9 | (13) Court Security Officers while in the performance | ||||||
10 | of their official
duties, or while commuting between their | ||||||
11 | homes and places of employment, with
the
consent of the | ||||||
12 | Sheriff.
| ||||||
13 | (13.5) A person employed as an armed security guard at | ||||||
14 | a nuclear energy,
storage, weapons or development site or | ||||||
15 | facility regulated by the Nuclear
Regulatory Commission | ||||||
16 | who has completed the background screening and training
| ||||||
17 | mandated by the rules and regulations of the Nuclear | ||||||
18 | Regulatory Commission.
| ||||||
19 | (14) Manufacture, transportation, or sale of weapons | ||||||
20 | to
persons
authorized under subdivisions (1) through | ||||||
21 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
22 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
23 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
24 | (1) Members of any club or organization organized for | ||||||
25 | the purpose of
practicing shooting at targets upon | ||||||
26 | established target ranges, whether
public or private, and |
| |||||||
| |||||||
1 | patrons of such ranges, while such members
or patrons are | ||||||
2 | using their firearms on those target ranges.
| ||||||
3 | (2) Duly authorized military or civil organizations | ||||||
4 | while parading,
with the special permission of the | ||||||
5 | Governor.
| ||||||
6 | (3) Hunters, trappers or fishermen with a license or
| ||||||
7 | permit while engaged in hunting,
trapping or fishing.
| ||||||
8 | (4) Transportation of weapons that are broken down in a
| ||||||
9 | non-functioning state or are not immediately accessible.
| ||||||
10 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
11 | gun or taser or other firearm on the land or in the legal | ||||||
12 | dwelling of another person as an invitee with that person's | ||||||
13 | permission. | ||||||
14 | (6) A person who has been issued a concealed carry | ||||||
15 | license and is acting lawfully under the Gun Safety and | ||||||
16 | Responsibility Act. | ||||||
17 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
18 | of the
following:
| ||||||
19 | (1) Peace officers while in performance of their | ||||||
20 | official duties.
| ||||||
21 | (2) Wardens, superintendents and keepers of prisons, | ||||||
22 | penitentiaries,
jails and other institutions for the | ||||||
23 | detention of persons accused or
convicted of an offense.
| ||||||
24 | (3) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States
or the Illinois National Guard, while in | ||||||
26 | the performance of their official
duty.
|
| |||||||
| |||||||
1 | (4) Manufacture, transportation, or sale of machine | ||||||
2 | guns to persons
authorized under subdivisions (1) through | ||||||
3 | (3) of this subsection to
possess machine guns, if the | ||||||
4 | machine guns are broken down in a
non-functioning state or | ||||||
5 | are not immediately accessible.
| ||||||
6 | (5) Persons licensed under federal law to manufacture | ||||||
7 | any weapon from
which 8 or more shots or bullets can be | ||||||
8 | discharged by a
single function of the firing device, or | ||||||
9 | ammunition for such weapons, and
actually engaged in the | ||||||
10 | business of manufacturing such weapons or
ammunition, but | ||||||
11 | only with respect to activities which are within the lawful
| ||||||
12 | scope of such business, such as the manufacture, | ||||||
13 | transportation, or testing
of such weapons or ammunition. | ||||||
14 | This exemption does not authorize the
general private | ||||||
15 | possession of any weapon from which 8 or more
shots or | ||||||
16 | bullets can be discharged by a single function of the | ||||||
17 | firing
device, but only such possession and activities as | ||||||
18 | are within the lawful
scope of a licensed manufacturing | ||||||
19 | business described in this paragraph.
| ||||||
20 | During transportation, such weapons shall be broken | ||||||
21 | down in a
non-functioning state or not immediately | ||||||
22 | accessible.
| ||||||
23 | (6) The manufacture, transport, testing, delivery, | ||||||
24 | transfer or sale,
and all lawful commercial or experimental | ||||||
25 | activities necessary thereto, of
rifles, shotguns, and | ||||||
26 | weapons made from rifles or shotguns,
or ammunition for |
| |||||||
| |||||||
1 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
2 | person operating as a contractor or subcontractor pursuant | ||||||
3 | to a
contract or subcontract for the development and supply | ||||||
4 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
5 | United States government or any
branch of the Armed Forces | ||||||
6 | of the United States, when such activities are
necessary | ||||||
7 | and incident to fulfilling the terms of such contract.
| ||||||
8 | The exemption granted under this subdivision (c)(6)
| ||||||
9 | shall also apply to any authorized agent of any such | ||||||
10 | contractor or
subcontractor who is operating within the | ||||||
11 | scope of his employment, where
such activities involving | ||||||
12 | such weapon, weapons or ammunition are necessary
and | ||||||
13 | incident to fulfilling the terms of such contract.
| ||||||
14 | During transportation, any such weapon shall be broken | ||||||
15 | down in a
non-functioning state, or not immediately | ||||||
16 | accessible.
| ||||||
17 | (7) A person possessing a rifle with a barrel or | ||||||
18 | barrels less than 16 inches in length if: (A) the person | ||||||
19 | has been issued a Curios and Relics license from the U.S. | ||||||
20 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
21 | the person is an active member of a bona fide, nationally | ||||||
22 | recognized military re-enacting group and the modification | ||||||
23 | is required and necessary to accurately portray the weapon | ||||||
24 | for historical re-enactment purposes; the re-enactor is in | ||||||
25 | possession of a valid and current re-enacting group | ||||||
26 | membership credential; and the overall length of the weapon |
| |||||||
| |||||||
1 | as modified is not less than 26 inches. | ||||||
2 | During transportation, any such weapon shall be broken | ||||||
3 | down in a
non-functioning state, or not immediately | ||||||
4 | accessible.
| ||||||
5 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
6 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
7 | officer.
| ||||||
8 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
9 | manager or
authorized employee of any place specified in that | ||||||
10 | subsection nor to any
law enforcement officer or to a person | ||||||
11 | who has been issued a concealed carry license and is acting | ||||||
12 | lawfully under the Gun Safety and Responsibility Act .
| ||||||
13 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
14 | Section 24-1.6
do not apply
to members of any club or | ||||||
15 | organization organized for the purpose of practicing
shooting | ||||||
16 | at targets upon established target ranges, whether public or | ||||||
17 | private,
while using their firearms on those target ranges.
| ||||||
18 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
19 | to:
| ||||||
20 | (1) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United
States or the Illinois National Guard, while in | ||||||
22 | the performance of their
official duty.
| ||||||
23 | (2) Bonafide collectors of antique or surplus military | ||||||
24 | ordinance.
| ||||||
25 | (3) Laboratories having a department of forensic | ||||||
26 | ballistics, or
specializing in the development of |
| |||||||
| |||||||
1 | ammunition or explosive ordinance.
| ||||||
2 | (4) Commerce, preparation, assembly or possession of | ||||||
3 | explosive
bullets by manufacturers of ammunition licensed | ||||||
4 | by the federal government,
in connection with the supply of | ||||||
5 | those organizations and persons exempted
by subdivision | ||||||
6 | (g)(1) of this Section, or like organizations and persons
| ||||||
7 | outside this State, or the transportation of explosive | ||||||
8 | bullets to any
organization or person exempted in this | ||||||
9 | Section by a common carrier or by a
vehicle owned or leased | ||||||
10 | by an exempted manufacturer.
| ||||||
11 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
12 | persons licensed
under federal law to manufacture any device or | ||||||
13 | attachment of any kind designed,
used, or intended for use in | ||||||
14 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
15 | for those firearms equipped with those devices, and actually | ||||||
16 | engaged in the
business of manufacturing those devices, | ||||||
17 | firearms, or ammunition, but only with
respect to
activities | ||||||
18 | that are within the lawful scope of that business, such as the
| ||||||
19 | manufacture, transportation, or testing of those devices, | ||||||
20 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
21 | general private possession of any device or
attachment of any | ||||||
22 | kind designed, used, or intended for use in silencing the
| ||||||
23 | report of any firearm, but only such possession and activities | ||||||
24 | as are within
the
lawful scope of a licensed manufacturing | ||||||
25 | business described in this subsection
(g-5). During | ||||||
26 | transportation, these devices shall be detached from any weapon
|
| |||||||
| |||||||
1 | or
not immediately accessible.
| ||||||
2 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
3 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
4 | supervisor who meets the qualifications and conditions | ||||||
5 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
6 | Corrections. | ||||||
7 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
8 | officer while serving as a member of a tactical response team | ||||||
9 | or special operations team. A peace officer may not personally | ||||||
10 | own or apply for ownership of a device or attachment of any | ||||||
11 | kind designed, used, or intended for use in silencing the | ||||||
12 | report of any firearm. These devices shall be owned and | ||||||
13 | maintained by lawfully recognized units of government whose | ||||||
14 | duties include the investigation of criminal acts. | ||||||
15 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
16 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
17 | athlete's possession, transport on official Olympic and | ||||||
18 | Paralympic transit systems established for athletes, or use of | ||||||
19 | competition firearms sanctioned by the International Olympic | ||||||
20 | Committee, the International Paralympic Committee, the | ||||||
21 | International Shooting Sport Federation, or USA Shooting in | ||||||
22 | connection with such athlete's training for and participation | ||||||
23 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
24 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
25 | and Paralympic Games. | ||||||
26 | (h) An information or indictment based upon a violation of |
| |||||||
| |||||||
1 | any
subsection of this Article need not negative any exemptions | ||||||
2 | contained in
this Article. The defendant shall have the burden | ||||||
3 | of proving such an
exemption.
| ||||||
4 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
5 | affect
the transportation, carrying, or possession, of any | ||||||
6 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
7 | to a common carrier operating
under license of the State of | ||||||
8 | Illinois or the federal government, where
such transportation, | ||||||
9 | carrying, or possession is incident to the lawful
| ||||||
10 | transportation in which such common carrier is engaged; and | ||||||
11 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
12 | transportation, carrying,
or possession of any pistol, | ||||||
13 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
14 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
15 | this Article, which is unloaded and enclosed in a firearm case, | ||||||
16 | firearm
carrying box, shipping box, or other similar portable | ||||||
17 | container designed for the safe transportation of firearms , by | ||||||
18 | the possessor of a valid
Firearm Owners Identification Card.
| ||||||
19 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
20 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
21 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||
22 | revised 8-23-12.)
| ||||||
23 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
24 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
25 | (A) A person commits the offense of unlawful sale or |
| |||||||
| |||||||
1 | delivery of firearms when he
or she knowingly does any of the | ||||||
2 | following:
| ||||||
3 | (a) Sells or gives any firearm of a size which may be | ||||||
4 | concealed upon the
person to any person under 18 years of | ||||||
5 | age.
| ||||||
6 | (b) Sells or gives any firearm to a person under 21 | ||||||
7 | years of age who has
been convicted of a misdemeanor other | ||||||
8 | than a traffic offense or adjudged
delinquent.
| ||||||
9 | (b-5) Sells or gives any firearm to a person prohibited | ||||||
10 | from possessing a firearm or Firearm Owner's | ||||||
11 | Identification Card under Section 8 of the Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | (c) (Blank) Sells or gives any firearm to any narcotic | ||||||
14 | addict .
| ||||||
15 | (d) (Blank) Sells or gives any firearm to any person | ||||||
16 | who has been convicted of a
felony under the laws of this | ||||||
17 | or any other jurisdiction .
| ||||||
18 | (e) (Blank) Sells or gives any firearm to any person | ||||||
19 | who has been a patient in a
mental hospital within the past | ||||||
20 | 5 years .
| ||||||
21 | (f) (Blank) Sells or gives any firearms to any person | ||||||
22 | who is intellectually disabled .
| ||||||
23 | (g) Delivers any firearm of a size which may be | ||||||
24 | concealed upon the
person, incidental to a sale, without | ||||||
25 | withholding delivery of such firearm
for at least 72 hours | ||||||
26 | after application and complete payment for its purchase has |
| |||||||
| |||||||
1 | been made, or
delivers any rifle, shotgun or other long | ||||||
2 | gun, or a stun gun or taser, incidental to a sale,
without | ||||||
3 | withholding delivery of such rifle, shotgun or other long | ||||||
4 | gun, or a stun gun or taser for
at least 24 hours after | ||||||
5 | application and complete payment for its purchase has been | ||||||
6 | made.
However,
this paragraph (g) does not apply to: (1) | ||||||
7 | the sale of a firearm
to a law enforcement officer if the | ||||||
8 | seller of the firearm knows that the person to whom he or | ||||||
9 | she is selling the firearm is a law enforcement officer or | ||||||
10 | the sale of a firearm to a person who desires to purchase a | ||||||
11 | firearm for
use in promoting the public interest incident | ||||||
12 | to his or her employment as a
bank guard, armed truck | ||||||
13 | guard, or other similar employment; (2) a mail
order sale | ||||||
14 | of a firearm to a nonresident of Illinois under which the | ||||||
15 | firearm
is mailed to a point outside the boundaries of | ||||||
16 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
17 | Illinois while at a firearm showing or display
recognized | ||||||
18 | by the Illinois Department of State Police; or (4) the sale | ||||||
19 | of a
firearm to a dealer licensed as a federal firearms | ||||||
20 | dealer under Section 923
of the federal Gun Control Act of | ||||||
21 | 1968 (18 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 | the Firearm Owners Identification Card Act; and (2)
| ||||||
7 | "handgun" is defined as a firearm designed to be held
and | ||||||
8 | fired by the use of a single hand, and includes a | ||||||
9 | combination of parts from
which such a firearm can be | ||||||
10 | assembled.
| ||||||
11 | (i) Sells or gives a firearm of any size to any person | ||||||
12 | under 18 years of
age who does not possess a valid Firearm | ||||||
13 | 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) Sells or transfers ownership of a firearm to a | ||||||
10 | person who does not display to the seller or transferor of | ||||||
11 | 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), (b), or (i) of | ||||||
4 | 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 | (b), or (i) of subsection (A) in any school, on the real | ||||||
15 | property
comprising a school, within 1,000 feet of the real | ||||||
16 | property comprising a
school, at a school related activity, | ||||||
17 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
18 | or contracted by a school or school district to
transport | ||||||
19 | students to or from school or a school related activity,
| ||||||
20 | regardless of the time of day or time of year at which the | ||||||
21 | offense
was committed, commits a Class 1 felony for which | ||||||
22 | the sentence shall be a
term of imprisonment of no less | ||||||
23 | 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) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
20 | commits a Class 4 felony. A third or subsequent conviction | ||||||
21 | for a violation of paragraph (k) of subsection (A) is a | ||||||
22 | 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 (b-5) (d) of | ||||||
8 | subsection (A) 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 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
7 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
8 | ammunition.
| ||||||
9 | (a) A person commits the offense of unlawful possession of | ||||||
10 | firearms
or firearm ammunition when:
| ||||||
11 | (1) He or she is under 18 years of age and has in his or | ||||||
12 | her possession
any firearm of
a size which may be concealed | ||||||
13 | upon the person; or
| ||||||
14 | (2) He or she is under 21 years of age, has been | ||||||
15 | convicted of a misdemeanor
other than a traffic offense or | ||||||
16 | adjudged delinquent and has
any firearms or
firearm | ||||||
17 | ammunition in his or her possession; or
| ||||||
18 | (2.5) He or she is prohibited from possessing a firearm | ||||||
19 | or Firearm Owner's Identification Card under Section 8 of | ||||||
20 | the Firearm Owners Identification Card Act; or
| ||||||
21 | (3) (Blank) He is a narcotic addict and has
any | ||||||
22 | firearms or firearm ammunition
in his possession ; or
| ||||||
23 | (4) (Blank) He has been a patient in a mental hospital | ||||||
24 | within the past 5 years
and has
any firearms or firearm | ||||||
25 | ammunition in his possession ; or
|
| |||||||
| |||||||
1 | (5) (Blank) He is intellectually disabled and has
any | ||||||
2 | firearms or firearm ammunition
in his possession ; or
| ||||||
3 | (6) He or she has in his possession any explosive | ||||||
4 | bullet.
| ||||||
5 | For purposes of this paragraph "explosive bullet" means the | ||||||
6 | projectile
portion of an ammunition cartridge which contains or | ||||||
7 | carries an explosive
charge which will explode upon contact | ||||||
8 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
9 | tubular metal case having a projectile affixed at the
front | ||||||
10 | thereof and a cap or primer at the rear end thereof, with the | ||||||
11 | propellant
contained in such tube between the projectile and | ||||||
12 | the cap.
| ||||||
13 | (b) Sentence.
| ||||||
14 | Unlawful possession of firearms, other than handguns, and | ||||||
15 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
16 | possession of handguns is a
Class 4 felony. The possession of | ||||||
17 | each firearm or firearm ammunition in violation of this Section | ||||||
18 | constitutes a single and separate violation.
| ||||||
19 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
20 | Section prohibits
a person under 18 years of age from | ||||||
21 | participating in any lawful recreational
activity with a | ||||||
22 | firearm such as, but not limited to, practice shooting at
| ||||||
23 | targets upon established public or private target ranges or | ||||||
24 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
25 | Code or the Fish and Aquatic Life
Code.
| ||||||
26 | (Source: P.A. 97-227, eff. 1-1-12.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3A)
| ||||||
2 | Sec. 24-3A. Gunrunning.
| ||||||
3 | (a) A person commits gunrunning when he or she transfers 3 | ||||||
4 | or
more firearms in violation of any of the paragraphs of | ||||||
5 | Section 24-3 of this
Code.
| ||||||
6 | (b) Sentence. A person who commits gunrunning: | ||||||
7 | (1) is guilty of a Class 1
felony; | ||||||
8 | (2) is guilty of a Class X felony for which the | ||||||
9 | sentence shall be a term of imprisonment of not less than | ||||||
10 | 10 8 years and not more than 40 years if the transfer is of | ||||||
11 | not less than 11 firearms and not more than 20 firearms; | ||||||
12 | (3) is guilty of a Class X felony for which the | ||||||
13 | sentence shall be a term of imprisonment of not less than | ||||||
14 | 15 10 years and not more than 50 years if the transfer is | ||||||
15 | of more than 20 firearms. | ||||||
16 | A person who commits gunrunning by transferring firearms to a | ||||||
17 | person
who, at the time of the commission of the offense, is | ||||||
18 | under 18 years of age is
guilty of a Class X felony for which | ||||||
19 | the sentence shall be a term of imprisonment of not less than 8 | ||||||
20 | years .
| ||||||
21 | (Source: P.A. 93-906, eff. 8-11-04.)
| ||||||
22 | (720 ILCS 5/24-4.1 new) | ||||||
23 | Sec. 24-4.1. Report of lost or stolen firearms. | ||||||
24 | (a) A person, who possesses a firearm and either loses or |
| |||||||
| |||||||
1 | misplaces the firearm or has the firearm stolen, must report | ||||||
2 | the loss or theft to a law enforcement agency having | ||||||
3 | jurisdiction within 24 hours after obtaining knowledge of the | ||||||
4 | loss or theft. | ||||||
5 | (b) A law enforcement agency having jurisdiction shall take | ||||||
6 | a written report and shall as soon as practical enter the | ||||||
7 | firearm's serial number as stolen into the Law Enforcement | ||||||
8 | Agencies Data System (LEADS). | ||||||
9 | (c) A person does not commit the offense if: | ||||||
10 | (1) the failure to report is due to an act of God, act | ||||||
11 | of war, or inability of a law enforcement agency to receive | ||||||
12 | the report; | ||||||
13 | (2) the person calls 911 to make the report; | ||||||
14 | (3) the person is hospitalized, in a coma, or is | ||||||
15 | otherwise seriously physically or mentally impaired as to | ||||||
16 | prevent the person from reporting; or | ||||||
17 | (4) the person's designee makes a report if the person | ||||||
18 | is unable to make the report. | ||||||
19 | (d) Sentence. A person who violates subsection (a) is | ||||||
20 | guilty of a Class B misdemeanor for a first violation. A second | ||||||
21 | or subsequent violation of subsection (a) is a Class A | ||||||
22 | misdemeanor.
| ||||||
23 | (720 ILCS 5/24-9)
| ||||||
24 | Sec. 24-9. Firearms; Child Protection ; Ownership | ||||||
25 | Requirements .
|
| |||||||
| |||||||
1 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
2 | for any person to
store or leave, within premises under his or | ||||||
3 | her control, a firearm if
the
person knows or has reason to | ||||||
4 | believe that a minor under the age of 14
years who does not | ||||||
5 | have a Firearm Owners Identification Card is likely to gain
| ||||||
6 | access to the firearm without the lawful permission
of the | ||||||
7 | minor's parent, guardian, or person having charge of the minor, | ||||||
8 | and
the minor causes death or great bodily harm with the | ||||||
9 | firearm , unless
the firearm is:
| ||||||
10 | (1) secured by a device or mechanism, other than the | ||||||
11 | firearm safety,
designed to render a firearm temporarily | ||||||
12 | inoperable; or
| ||||||
13 | (2) placed in a securely locked box or container; or
| ||||||
14 | (3) placed in some other location that a reasonable | ||||||
15 | person would
believe to be secure from a minor under the | ||||||
16 | age of 14 years .
| ||||||
17 | (a-5) A person who owns any firearm shall keep a record for | ||||||
18 | each firearm owned that contains a description of the firearm | ||||||
19 | and if available the firearm's serial number. If the firearm's | ||||||
20 | serial number is not available, the record shall contain other | ||||||
21 | information identifying the firearm. | ||||||
22 | (a-10) It is unlawful for any person to store or leave, | ||||||
23 | within premises under his or her control, a firearm if the | ||||||
24 | person knows or has reason to know that a person who is | ||||||
25 | otherwise prohibited from obtaining a Firearm Owner's | ||||||
26 | Identification Card is likely to gain access to the firearm, |
| |||||||
| |||||||
1 | unless the firearm is: | ||||||
2 | (1) secured by a device or mechanism, other than the | ||||||
3 | firearm safety, designed to render a firearm temporarily | ||||||
4 | inoperable; | ||||||
5 | (2) placed in a securely locked box or container; or | ||||||
6 | (3) placed in some other location that a reasonable | ||||||
7 | person would believe to be secure from a person. | ||||||
8 | (b) Sentence. A first violation of subsection (a-5) is a | ||||||
9 | petty offense. A first violation of subsection (a) or (a-10) is | ||||||
10 | person who violates this Section is guilty of a Class C
| ||||||
11 | misdemeanor and the person shall be fined not less than $1,000. | ||||||
12 | A second or subsequent
violation of this Section is a Class A | ||||||
13 | misdemeanor.
| ||||||
14 | (c) Subsection (a) and (a-10) do does not apply:
| ||||||
15 | (1) if the minor or prohibited person under 14 years of | ||||||
16 | age gains access to a
firearm and uses it in a lawful act | ||||||
17 | of self-defense or defense of another; or
| ||||||
18 | (2) to any firearm obtained by a minor or prohibited | ||||||
19 | person under the age of 14 because of
an unlawful entry of | ||||||
20 | the premises by the minor or another person.
| ||||||
21 | (d) For the purposes of this Section, "firearm" has the | ||||||
22 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
23 | Identification Card Act.
| ||||||
24 | (Source: P.A. 91-18, eff. 1-1-00.)
| ||||||
25 | Section 110. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by changing Section 112A-14 as follows:
| ||||||
2 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
3 | Sec. 112A-14. Order of protection; remedies.
| ||||||
4 | (a) Issuance of order. If the court finds that petitioner | ||||||
5 | has been
abused by a family or household member, as defined in | ||||||
6 | this Article, an
order of protection prohibiting such abuse | ||||||
7 | shall issue; provided that
petitioner must also satisfy the | ||||||
8 | requirements of one of the following
Sections, as appropriate: | ||||||
9 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
10 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
11 | not be denied an order of protection because petitioner or
| ||||||
12 | respondent is a minor. The court, when determining whether or | ||||||
13 | not to issue
an order of protection, shall not require physical | ||||||
14 | manifestations of abuse
on the person of the victim. | ||||||
15 | Modification and extension of prior orders of
protection shall | ||||||
16 | be in accordance with this Article.
| ||||||
17 | (b) Remedies and standards. The remedies to be included in | ||||||
18 | an order of
protection shall be determined in accordance with | ||||||
19 | this Section and one of
the following Sections, as appropriate: | ||||||
20 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
21 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
22 | listed in this subsection shall be in addition to other civil
| ||||||
23 | or criminal remedies available to petitioner.
| ||||||
24 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
25 | harassment,
interference with personal liberty, |
| |||||||
| |||||||
1 | intimidation of a dependent, physical
abuse or willful | ||||||
2 | deprivation, as defined in this Article, if such abuse has
| ||||||
3 | occurred or otherwise appears likely to occur if not | ||||||
4 | prohibited.
| ||||||
5 | (2) Grant of exclusive possession of residence. | ||||||
6 | Prohibit respondent
from entering or remaining in any | ||||||
7 | residence, household, or premises of the petitioner,
| ||||||
8 | including one owned or leased by respondent, if petitioner | ||||||
9 | has a right
to occupancy thereof. The grant of exclusive | ||||||
10 | possession of the residence, household, or premises
shall | ||||||
11 | not affect title to real property, nor shall the court be | ||||||
12 | limited by
the standard set forth in Section 701 of the | ||||||
13 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
14 | (A) Right to occupancy. A party has a right to | ||||||
15 | occupancy of a
residence or household if it is
solely | ||||||
16 | or jointly owned or leased by that party, that party's | ||||||
17 | spouse, a
person with a legal duty to support that | ||||||
18 | party or a minor child in that
party's care, or by any | ||||||
19 | person or entity other than the opposing party that
| ||||||
20 | authorizes that party's occupancy (e.g., a domestic | ||||||
21 | violence shelter).
Standards set forth in subparagraph | ||||||
22 | (B) shall not preclude equitable relief.
| ||||||
23 | (B) Presumption of hardships. If petitioner and | ||||||
24 | respondent
each has the right to occupancy of a | ||||||
25 | residence or household, the court
shall balance (i) the | ||||||
26 | hardships to respondent and any minor child or
|
| |||||||
| |||||||
1 | dependent adult in respondent's care resulting from | ||||||
2 | entry of this remedy with (ii)
the hardships to | ||||||
3 | petitioner and any minor child or dependent adult in
| ||||||
4 | petitioner's care resulting from continued exposure to | ||||||
5 | the risk of abuse (should
petitioner remain at the | ||||||
6 | residence or household) or from loss of possession
of | ||||||
7 | the residence or household (should petitioner leave to | ||||||
8 | avoid the risk
of abuse). When determining the balance | ||||||
9 | of hardships, the court shall also
take into account | ||||||
10 | the accessibility of the residence or household.
| ||||||
11 | Hardships need not be balanced if respondent does not | ||||||
12 | have a right to occupancy.
| ||||||
13 | The balance of hardships is presumed to favor | ||||||
14 | possession by
petitioner unless the presumption is | ||||||
15 | rebutted by a preponderance of the
evidence, showing | ||||||
16 | that the hardships to respondent substantially | ||||||
17 | outweigh
the hardships to petitioner and any minor | ||||||
18 | child or dependent adult in petitioner's
care. The | ||||||
19 | court, on the request of petitioner or on its own | ||||||
20 | motion,
may order respondent to provide suitable, | ||||||
21 | accessible, alternate housing
for petitioner instead | ||||||
22 | of
excluding respondent from a mutual residence or | ||||||
23 | household.
| ||||||
24 | (3) Stay away order and additional prohibitions.
Order | ||||||
25 | respondent to stay away from petitioner or any other person
| ||||||
26 | protected by the order of protection, or prohibit |
| |||||||
| |||||||
1 | respondent from entering
or remaining present at | ||||||
2 | petitioner's school, place of employment, or other
| ||||||
3 | specified places at times when petitioner is present, or | ||||||
4 | both, if
reasonable, given
the balance of hardships. | ||||||
5 | Hardships need not be balanced for the court
to enter a | ||||||
6 | stay away order or prohibit entry
if respondent has no | ||||||
7 | right to enter the premises.
| ||||||
8 | If an order of protection grants petitioner exclusive | ||||||
9 | possession
of the residence, or prohibits respondent from | ||||||
10 | entering the residence,
or orders respondent to stay away | ||||||
11 | from petitioner or other
protected persons, then the court | ||||||
12 | may allow respondent access to the
residence to remove | ||||||
13 | items of clothing and personal adornment
used exclusively | ||||||
14 | by respondent, medications, and other items as the court | ||||||
15 | directs.
The right to access shall be exercised on only one | ||||||
16 | occasion as the court directs
and in the presence of an | ||||||
17 | agreed-upon adult third party or law enforcement officer.
| ||||||
18 | (4) Counseling. Require or recommend the respondent to | ||||||
19 | undergo
counseling for a specified duration with a social | ||||||
20 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
21 | family service agency, alcohol or
substance abuse program, | ||||||
22 | mental health center guidance counselor, agency
providing | ||||||
23 | services to elders, program designed for domestic violence
| ||||||
24 | abusers or any other guidance service the court deems | ||||||
25 | appropriate. The court may order the respondent in any | ||||||
26 | intimate partner relationship to report to an Illinois |
| |||||||
| |||||||
1 | Department of Human Services protocol approved partner | ||||||
2 | abuse intervention program for an assessment and to follow | ||||||
3 | all recommended treatment.
| ||||||
4 | (5) Physical care and possession of the minor child. In | ||||||
5 | order to protect
the minor child from abuse, neglect, or | ||||||
6 | unwarranted separation from the person
who has been the | ||||||
7 | minor child's primary caretaker, or to otherwise protect | ||||||
8 | the
well-being of the minor child, the court may do either | ||||||
9 | or both of the following:
(i) grant petitioner physical | ||||||
10 | care or possession of the minor child, or both, or
(ii) | ||||||
11 | order respondent to return a minor child to, or not remove | ||||||
12 | a minor child
from, the physical care of a parent or person | ||||||
13 | in loco parentis.
| ||||||
14 | If a court finds, after a hearing, that respondent has | ||||||
15 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
16 | child, there shall be a
rebuttable presumption that | ||||||
17 | awarding physical care to respondent would not
be in the | ||||||
18 | minor child's best interest.
| ||||||
19 | (6) Temporary legal custody.
Award temporary legal | ||||||
20 | custody to petitioner in accordance with this Section,
the | ||||||
21 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
22 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
23 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
24 | If a court finds, after a hearing, that respondent
has | ||||||
25 | committed abuse (as defined in Section 112A-3) of a
minor | ||||||
26 | child, there shall be a rebuttable presumption that |
| |||||||
| |||||||
1 | awarding
temporary legal custody to respondent would not be | ||||||
2 | in the
child's best interest.
| ||||||
3 | (7) Visitation. Determine the
visitation rights, if | ||||||
4 | any, of respondent in any case in which the court
awards | ||||||
5 | physical care or temporary legal custody of a minor child | ||||||
6 | to
petitioner. The court shall restrict or deny | ||||||
7 | respondent's visitation with
a minor child if
the court | ||||||
8 | finds that respondent has done or is likely to do any of | ||||||
9 | the
following: (i) abuse or endanger the minor child during | ||||||
10 | visitation; (ii) use the
visitation as an opportunity to | ||||||
11 | abuse or harass petitioner or
petitioner's family or | ||||||
12 | household members; (iii) improperly conceal or
detain the | ||||||
13 | minor child; or (iv) otherwise act in a manner that is not | ||||||
14 | in
the best interests of the minor child. The court shall | ||||||
15 | not be limited by the
standards set forth in Section 607.1 | ||||||
16 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
17 | If the court grants visitation, the order
shall specify | ||||||
18 | dates and times for the visitation to take place or other
| ||||||
19 | specific parameters or conditions that are appropriate. No | ||||||
20 | order for
visitation shall refer merely to the term | ||||||
21 | "reasonable visitation".
| ||||||
22 | Petitioner may deny respondent access to the minor | ||||||
23 | child if, when
respondent arrives for visitation, | ||||||
24 | respondent is under the influence of drugs
or alcohol and | ||||||
25 | constitutes a threat to the safety and well-being of
| ||||||
26 | petitioner or petitioner's minor children or is behaving in |
| |||||||
| |||||||
1 | a violent or abusive manner.
| ||||||
2 | If necessary to protect any member of petitioner's | ||||||
3 | family or
household from future abuse, respondent shall be | ||||||
4 | prohibited from coming to
petitioner's residence to meet | ||||||
5 | the minor child for visitation, and the
parties shall | ||||||
6 | submit to the court their recommendations for reasonable
| ||||||
7 | alternative arrangements for visitation. A person may be | ||||||
8 | approved to
supervise visitation only after filing an | ||||||
9 | affidavit accepting
that responsibility and acknowledging | ||||||
10 | accountability to the court.
| ||||||
11 | (8) Removal or concealment of minor child.
Prohibit | ||||||
12 | respondent from
removing a minor child from the State or | ||||||
13 | concealing the child within the
State.
| ||||||
14 | (9) Order to appear. Order the respondent to
appear in | ||||||
15 | court, alone
or with a minor child, to prevent abuse, | ||||||
16 | neglect, removal or concealment of
the child, to return the | ||||||
17 | child to the custody or care of the petitioner or
to permit | ||||||
18 | any court-ordered interview or examination of the child or | ||||||
19 | the
respondent.
| ||||||
20 | (10) Possession of personal property. Grant petitioner | ||||||
21 | exclusive
possession of personal property and, if | ||||||
22 | respondent has possession or
control, direct respondent to | ||||||
23 | promptly make it available to petitioner, if:
| ||||||
24 | (i) petitioner, but not respondent, owns the | ||||||
25 | property; or
| ||||||
26 | (ii) the parties own the property jointly; sharing |
| |||||||
| |||||||
1 | it would risk
abuse of petitioner by respondent or is | ||||||
2 | impracticable; and the balance of
hardships favors | ||||||
3 | temporary possession by petitioner.
| ||||||
4 | If petitioner's sole claim to ownership of the property | ||||||
5 | is that it is
marital property, the court may award | ||||||
6 | petitioner temporary possession
thereof under the | ||||||
7 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
8 | proper proceeding has been filed under the Illinois | ||||||
9 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
10 | hereafter amended.
| ||||||
11 | No order under this provision shall affect title to | ||||||
12 | property.
| ||||||
13 | (11) Protection of property. Forbid the respondent | ||||||
14 | from taking,
transferring, encumbering, concealing, | ||||||
15 | damaging or otherwise disposing of
any real or personal | ||||||
16 | property, except as explicitly authorized by the
court, if:
| ||||||
17 | (i) petitioner, but not respondent, owns the | ||||||
18 | property; or
| ||||||
19 | (ii) the parties own the property jointly,
and the | ||||||
20 | balance of hardships favors granting this remedy.
| ||||||
21 | If petitioner's sole claim to ownership of the property | ||||||
22 | is that it is
marital property, the court may grant | ||||||
23 | petitioner relief under subparagraph
(ii) of this | ||||||
24 | paragraph only if a proper proceeding has been filed under | ||||||
25 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
26 | now or hereafter amended.
|
| |||||||
| |||||||
1 | The court may further prohibit respondent from | ||||||
2 | improperly using the
financial or other resources of an | ||||||
3 | aged member of the family or household
for the profit or | ||||||
4 | advantage of respondent or of any other person.
| ||||||
5 | (11.5) Protection of animals. Grant the petitioner the | ||||||
6 | exclusive care, custody, or control of any animal owned, | ||||||
7 | possessed, leased, kept, or held by either the petitioner | ||||||
8 | or the respondent or a minor child residing in the | ||||||
9 | residence or household of either the petitioner or the | ||||||
10 | respondent and order the respondent to stay away from the | ||||||
11 | animal and forbid the respondent from taking, | ||||||
12 | transferring, encumbering, concealing, harming, or | ||||||
13 | otherwise disposing of the animal.
| ||||||
14 | (12) Order for payment of support. Order
respondent to | ||||||
15 | pay temporary
support for the petitioner or any child in | ||||||
16 | the petitioner's care or
custody, when the respondent has a | ||||||
17 | legal obligation to support that person,
in accordance with | ||||||
18 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
19 | which shall govern, among other matters, the amount of
| ||||||
20 | support, payment through the clerk and withholding of | ||||||
21 | income to secure
payment. An order for child support may be | ||||||
22 | granted to a petitioner with
lawful physical care or | ||||||
23 | custody of a child, or an order or agreement for
physical | ||||||
24 | care or custody, prior to entry of an order for legal | ||||||
25 | custody.
Such a support order shall expire upon entry of a | ||||||
26 | valid order granting
legal custody to another, unless |
| |||||||
| |||||||
1 | otherwise provided in the custody order.
| ||||||
2 | (13) Order for payment of losses. Order
respondent to | ||||||
3 | pay petitioner
for losses suffered as a direct result of | ||||||
4 | the abuse. Such losses shall
include, but not be limited | ||||||
5 | to, medical expenses, lost earnings or other
support, | ||||||
6 | repair or replacement of property damaged or taken, | ||||||
7 | reasonable
attorney's fees, court costs and moving or other | ||||||
8 | travel expenses, including
additional reasonable expenses | ||||||
9 | for temporary shelter and restaurant meals.
| ||||||
10 | (i) Losses affecting family needs. If a party is | ||||||
11 | entitled to seek
maintenance, child support or | ||||||
12 | property distribution from the other party
under the | ||||||
13 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
14 | now or
hereafter amended, the court may order | ||||||
15 | respondent to reimburse petitioner's
actual losses, to | ||||||
16 | the extent that such reimbursement would be | ||||||
17 | "appropriate
temporary relief", as authorized by | ||||||
18 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
19 | (ii) Recovery of expenses. In the case of an | ||||||
20 | improper concealment
or removal of a minor child, the | ||||||
21 | court may order respondent to pay the reasonable
| ||||||
22 | expenses incurred or to be incurred in the search for | ||||||
23 | and recovery of the
minor child, including but not | ||||||
24 | limited to legal fees, court costs, private
| ||||||
25 | investigator fees, and travel costs.
| ||||||
26 | (14) Prohibition of entry. Prohibit the respondent |
| |||||||
| |||||||
1 | from entering or
remaining in the residence or household | ||||||
2 | while the respondent is under the
influence of alcohol or | ||||||
3 | drugs and constitutes a threat to the safety and
well-being | ||||||
4 | of the petitioner or the petitioner's children.
| ||||||
5 | (14.5) Prohibition of firearm possession. | ||||||
6 | (a) Prohibit a respondent against whom an order of | ||||||
7 | protection was issued from possessing any firearms | ||||||
8 | during the duration of the order if the order: | ||||||
9 | (1) was issued after a hearing of which such | ||||||
10 | person received
actual notice, and at which such | ||||||
11 | person had an opportunity to
participate; | ||||||
12 | (2) restrains such person from harassing, | ||||||
13 | stalking, or
threatening an intimate partner of | ||||||
14 | such person or child of such
intimate partner or | ||||||
15 | person, or engaging in other conduct that
would | ||||||
16 | place an intimate partner in reasonable fear of | ||||||
17 | bodily
injury to the partner or child; and | ||||||
18 | (3)(i) includes a finding that such person | ||||||
19 | represents a
credible threat to the physical | ||||||
20 | safety of such intimate partner
or child; or
(ii) | ||||||
21 | by its terms explicitly prohibits the use, | ||||||
22 | attempted
use, or threatened use of physical force | ||||||
23 | against such intimate
partner or child that would | ||||||
24 | reasonably be expected to cause
bodily injury. | ||||||
25 | Any firearms in the
possession of the respondent, | ||||||
26 | except as provided in subsection (b), shall be ordered |
| |||||||
| |||||||
1 | by the court to be turned
over to the local law | ||||||
2 | enforcement agency for safekeeping. The local law | ||||||
3 | enforcement agency shall conduct a query with the | ||||||
4 | Department of State Police concerning registered | ||||||
5 | assault weapons under this amendatory Act of the 98th | ||||||
6 | General Assembly. The court shall issue an order that | ||||||
7 | the respondent's Firearm Owner's Identification Card | ||||||
8 | and, if applicable, a concealed carry license issued | ||||||
9 | under the Gun Safety and Responsibility Act be turned | ||||||
10 | over to the local law enforcement agency, which in turn | ||||||
11 | shall immediately mail the card , license, or both to | ||||||
12 | the Department of State Police Firearm Owner's | ||||||
13 | Identification Card Office for safekeeping.
The period | ||||||
14 | of safekeeping shall be for the duration of the order | ||||||
15 | of protection. The firearm or firearms and Firearm | ||||||
16 | Owner's Identification Card and, if applicable, a | ||||||
17 | concealed carry license issued under the Gun Safety and | ||||||
18 | Responsibility Act , if unexpired, shall at the | ||||||
19 | respondent's request be returned to the respondent at | ||||||
20 | expiration of the order of protection.
| ||||||
21 | (b) If the respondent is a peace officer as defined | ||||||
22 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
23 | shall order that any firearms used by the
respondent in | ||||||
24 | the performance of his or her duties as a
peace officer | ||||||
25 | be surrendered to
the chief law enforcement executive | ||||||
26 | of the agency in which the respondent is
employed, who |
| |||||||
| |||||||
1 | shall retain the firearms for safekeeping for the | ||||||
2 | duration of the order of protection.
| ||||||
3 | (c) Upon expiration of the period of safekeeping, | ||||||
4 | if the firearms , or Firearm Owner's Identification | ||||||
5 | Card , or concealed carry license cannot be returned to | ||||||
6 | respondent because respondent cannot be located, fails | ||||||
7 | to respond to requests to retrieve the firearms, or is | ||||||
8 | not lawfully eligible to possess a firearm, upon | ||||||
9 | petition from the local law enforcement agency, the | ||||||
10 | court may order the local law enforcement agency to | ||||||
11 | destroy the firearms, use the firearms for training | ||||||
12 | purposes, or for any other application as deemed | ||||||
13 | appropriate by the local law enforcement agency; or | ||||||
14 | that the firearms be turned over to a third party who | ||||||
15 | is lawfully eligible to possess firearms, and who does | ||||||
16 | not reside with respondent.
| ||||||
17 | (15) Prohibition of access to records. If an order of | ||||||
18 | protection
prohibits respondent from having contact with | ||||||
19 | the minor child,
or if petitioner's address is omitted | ||||||
20 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
21 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
22 | child, the order shall deny respondent access to, and
| ||||||
23 | prohibit respondent from inspecting, obtaining, or | ||||||
24 | attempting to
inspect or obtain, school or any other | ||||||
25 | records of the minor child
who is in the care of | ||||||
26 | petitioner.
|
| |||||||
| |||||||
1 | (16) Order for payment of shelter services. Order | ||||||
2 | respondent to
reimburse a shelter providing temporary | ||||||
3 | housing and counseling services to
the petitioner for the | ||||||
4 | cost of the services, as certified by the shelter
and | ||||||
5 | deemed reasonable by the court.
| ||||||
6 | (17) Order for injunctive relief. Enter injunctive | ||||||
7 | relief necessary
or appropriate to prevent further abuse of | ||||||
8 | a family or household member or
to effectuate one of the | ||||||
9 | granted remedies, if supported by the balance of
hardships. | ||||||
10 | If the harm to be prevented by the injunction is abuse or | ||||||
11 | any
other harm that one of the remedies listed in | ||||||
12 | paragraphs (1) through (16)
of this subsection is designed | ||||||
13 | to prevent, no further evidence is necessary
to establish | ||||||
14 | that the harm is an irreparable injury.
| ||||||
15 | (c) Relevant factors; findings.
| ||||||
16 | (1) In determining whether to grant a
specific remedy, | ||||||
17 | other than payment of support, the
court shall consider | ||||||
18 | relevant factors, including but not limited to the
| ||||||
19 | following:
| ||||||
20 | (i) the nature, frequency, severity, pattern and | ||||||
21 | consequences of the
respondent's past abuse of the | ||||||
22 | petitioner or any family or household
member, | ||||||
23 | including the concealment of his or her location in | ||||||
24 | order to evade
service of process or notice, and the | ||||||
25 | likelihood of danger of future abuse to
petitioner or
| ||||||
26 | any member of petitioner's or respondent's family or |
| |||||||
| |||||||
1 | household; and
| ||||||
2 | (ii) the danger that any minor child will be abused | ||||||
3 | or neglected or
improperly removed from the | ||||||
4 | jurisdiction, improperly concealed within the
State or | ||||||
5 | improperly separated from the child's primary | ||||||
6 | caretaker.
| ||||||
7 | (2) In comparing relative hardships resulting to the | ||||||
8 | parties from loss
of possession of the family home, the | ||||||
9 | court shall consider relevant
factors, including but not | ||||||
10 | limited to the following:
| ||||||
11 | (i) availability, accessibility, cost, safety, | ||||||
12 | adequacy, location and other
characteristics of | ||||||
13 | alternate housing for each party and any minor child or
| ||||||
14 | dependent adult in the party's care;
| ||||||
15 | (ii) the effect on the party's employment; and
| ||||||
16 | (iii) the effect on the relationship of the party, | ||||||
17 | and any minor
child or dependent adult in the party's | ||||||
18 | care, to family, school, church
and community.
| ||||||
19 | (3) Subject to the exceptions set forth in paragraph | ||||||
20 | (4) of this
subsection, the court shall make its findings | ||||||
21 | in an official record or in
writing, and shall at a minimum | ||||||
22 | set forth the following:
| ||||||
23 | (i) That the court has considered the applicable | ||||||
24 | relevant factors
described in paragraphs (1) and (2) of | ||||||
25 | this subsection.
| ||||||
26 | (ii) Whether the conduct or actions of respondent, |
| |||||||
| |||||||
1 | unless
prohibited, will likely cause irreparable harm | ||||||
2 | or continued abuse.
| ||||||
3 | (iii) Whether it is necessary to grant the | ||||||
4 | requested relief in order
to protect petitioner or | ||||||
5 | other alleged abused persons.
| ||||||
6 | (4) For purposes of issuing an ex parte emergency order | ||||||
7 | of protection,
the court, as an alternative to or as a | ||||||
8 | supplement to making the findings
described in paragraphs | ||||||
9 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
10 | the following procedure:
| ||||||
11 | When a verified petition for an emergency order of | ||||||
12 | protection in
accordance with the requirements of Sections | ||||||
13 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
14 | shall examine petitioner on oath or
affirmation. An | ||||||
15 | emergency order of protection shall be issued by the court
| ||||||
16 | if it appears from the contents of the petition and the | ||||||
17 | examination of
petitioner that the averments are | ||||||
18 | sufficient to indicate abuse by
respondent and to support | ||||||
19 | the granting of relief under the issuance of the
emergency | ||||||
20 | order of protection.
| ||||||
21 | (5) Never married parties. No rights or | ||||||
22 | responsibilities for a minor
child born outside of marriage | ||||||
23 | attach to a putative father until a father and
child | ||||||
24 | relationship has been established under the Illinois | ||||||
25 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
26 | putative father shall be granted
temporary custody of the |
| |||||||
| |||||||
1 | minor child, visitation with the minor child, or
physical | ||||||
2 | care
and possession of the minor child, nor shall
an order | ||||||
3 | of payment for support of the minor child be entered.
| ||||||
4 | (d) Balance of hardships; findings. If the court finds that | ||||||
5 | the balance
of hardships does not support the granting of a | ||||||
6 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
7 | subsection (b) of this Section,
which may require such | ||||||
8 | balancing, the court's findings shall so
indicate and shall | ||||||
9 | include a finding as to whether granting the remedy will
result | ||||||
10 | in hardship to respondent that would substantially outweigh the | ||||||
11 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
12 | shall be an official record or in
writing.
| ||||||
13 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
14 | based, in
whole or in part, on evidence that:
| ||||||
15 | (1) Respondent has cause for any use of force, unless | ||||||
16 | that cause
satisfies the standards for justifiable use of | ||||||
17 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
18 | (2) Respondent was voluntarily intoxicated;
| ||||||
19 | (3) Petitioner acted in self-defense or defense of | ||||||
20 | another, provided
that, if petitioner utilized force, such | ||||||
21 | force was justifiable under
Article 7 of the Criminal Code | ||||||
22 | of 2012;
| ||||||
23 | (4) Petitioner did not act in self-defense or defense | ||||||
24 | of another;
| ||||||
25 | (5) Petitioner left the residence or household to avoid | ||||||
26 | further abuse
by respondent;
|
| |||||||
| |||||||
1 | (6) Petitioner did not leave the residence or household | ||||||
2 | to avoid further
abuse by respondent;
| ||||||
3 | (7) Conduct by any family or household member excused | ||||||
4 | the abuse by
respondent, unless that same conduct would | ||||||
5 | have excused such abuse if the
parties had not been family | ||||||
6 | or household members.
| ||||||
7 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
8 | 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff. | ||||||
9 | 1-25-13.)
| ||||||
10 | Section 115. The Unified Code of Corrections is amended by | ||||||
11 | changing Section 5-6-3 as follows: | ||||||
12 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
13 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
14 | Discharge.
| ||||||
15 | (a) The conditions of probation and of conditional | ||||||
16 | discharge shall be
that the person:
| ||||||
17 | (1) not violate any criminal statute of any | ||||||
18 | jurisdiction;
| ||||||
19 | (2) report to or appear in person before such person or | ||||||
20 | agency as
directed by the court;
| ||||||
21 | (3) refrain from possessing a firearm or other | ||||||
22 | dangerous weapon where the offense is a felony or, if a | ||||||
23 | misdemeanor, the offense involved the intentional or | ||||||
24 | knowing infliction of bodily harm or threat of bodily harm;
|
| |||||||
| |||||||
1 | (4) not leave the State without the consent of the | ||||||
2 | court or, in
circumstances in which the reason for the | ||||||
3 | absence is of such an emergency
nature that prior consent | ||||||
4 | by the court is not possible, without the prior
| ||||||
5 | notification and approval of the person's probation
| ||||||
6 | officer. Transfer of a person's probation or conditional | ||||||
7 | discharge
supervision to another state is subject to | ||||||
8 | acceptance by the other state
pursuant to the Interstate | ||||||
9 | Compact for Adult Offender Supervision;
| ||||||
10 | (5) permit the probation officer to visit
him at his | ||||||
11 | home or elsewhere
to the extent necessary to discharge his | ||||||
12 | duties;
| ||||||
13 | (6) perform no less than 30 hours of community service | ||||||
14 | and not more than
120 hours of community service, if | ||||||
15 | community service is available in the
jurisdiction and is | ||||||
16 | funded and approved by the county board where the offense
| ||||||
17 | was committed, where the offense was related to or in | ||||||
18 | furtherance of the
criminal activities of an organized gang | ||||||
19 | and was motivated by the offender's
membership in or | ||||||
20 | allegiance to an organized gang. The community service | ||||||
21 | shall
include, but not be limited to, the cleanup and | ||||||
22 | repair of any damage caused by
a violation of Section | ||||||
23 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012 and similar damage
to property located within the | ||||||
25 | municipality or county in which the violation
occurred. | ||||||
26 | When possible and reasonable, the community service should |
| |||||||
| |||||||
1 | be
performed in the offender's neighborhood. For purposes | ||||||
2 | of this Section,
"organized gang" has the meaning ascribed | ||||||
3 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
4 | Omnibus Prevention Act;
| ||||||
5 | (7) if he or she is at least 17 years of age and has | ||||||
6 | been sentenced to
probation or conditional discharge for a | ||||||
7 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
8 | inhabitants and has not been previously convicted of a
| ||||||
9 | misdemeanor or felony, may be required by the sentencing | ||||||
10 | court to attend
educational courses designed to prepare the | ||||||
11 | defendant for a high school diploma
and to work toward a | ||||||
12 | high school diploma or to work toward passing the high
| ||||||
13 | school level Test of General Educational Development (GED) | ||||||
14 | or to work toward
completing a vocational training program | ||||||
15 | approved by the court. The person on
probation or | ||||||
16 | conditional discharge must attend a public institution of
| ||||||
17 | education to obtain the educational or vocational training | ||||||
18 | required by this
clause (7). The court shall revoke the | ||||||
19 | probation or conditional discharge of a
person who wilfully | ||||||
20 | fails to comply with this clause (7). The person on
| ||||||
21 | probation or conditional discharge shall be required to pay | ||||||
22 | for the cost of the
educational courses or GED test, if a | ||||||
23 | fee is charged for those courses or
test. The court shall | ||||||
24 | resentence the offender whose probation or conditional
| ||||||
25 | discharge has been revoked as provided in Section 5-6-4. | ||||||
26 | This clause (7) does
not apply to a person who has a high |
| |||||||
| |||||||
1 | school diploma or has successfully passed
the GED test. | ||||||
2 | This clause (7) does not apply to a person who is | ||||||
3 | determined by
the court to be developmentally disabled or | ||||||
4 | otherwise mentally incapable of
completing the educational | ||||||
5 | or vocational program;
| ||||||
6 | (8) if convicted of possession of a substance | ||||||
7 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
8 | Controlled Substances Act, or the Methamphetamine Control | ||||||
9 | and Community Protection Act
after a previous conviction or | ||||||
10 | disposition of supervision for possession of a
substance | ||||||
11 | prohibited by the Cannabis Control Act or Illinois | ||||||
12 | Controlled
Substances Act or after a sentence of probation | ||||||
13 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
14 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
15 | the Methamphetamine Control and Community Protection Act | ||||||
16 | and upon a
finding by the court that the person is | ||||||
17 | addicted, undergo treatment at a
substance abuse program | ||||||
18 | approved by the court;
| ||||||
19 | (8.5) if convicted of a felony sex offense as defined | ||||||
20 | in the Sex
Offender
Management Board Act, the person shall | ||||||
21 | undergo and successfully complete sex
offender treatment | ||||||
22 | by a treatment provider approved by the Board and conducted
| ||||||
23 | in conformance with the standards developed under the Sex
| ||||||
24 | Offender Management Board Act;
| ||||||
25 | (8.6) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Management Board Act, refrain from residing at |
| |||||||
| |||||||
1 | the same address or in the same condominium unit or | ||||||
2 | apartment unit or in the same condominium complex or | ||||||
3 | apartment complex with another person he or she knows or | ||||||
4 | reasonably should know is a convicted sex offender or has | ||||||
5 | been placed on supervision for a sex offense; the | ||||||
6 | provisions of this paragraph do not apply to a person | ||||||
7 | convicted of a sex offense who is placed in a Department of | ||||||
8 | Corrections licensed transitional housing facility for sex | ||||||
9 | offenders; | ||||||
10 | (8.7) if convicted for an offense committed on or after | ||||||
11 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
12 | would qualify the accused as a child sex offender as | ||||||
13 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012, refrain from | ||||||
15 | communicating with or contacting, by means of the Internet, | ||||||
16 | a person who is not related to the accused and whom the | ||||||
17 | accused reasonably believes to be under 18 years of age; | ||||||
18 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
19 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
20 | Code of 2012; and a person is not related to the accused if | ||||||
21 | the person is not: (i) the spouse, brother, or sister of | ||||||
22 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
23 | first or second cousin of the accused; or (iv) a step-child | ||||||
24 | or adopted child of the accused; | ||||||
25 | (8.8) if convicted for an offense under Section 11-6, | ||||||
26 | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
| |||||||
| |||||||
1 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | or any attempt to commit any of these offenses, committed | ||||||
4 | on or after June 1, 2009 (the effective date of Public Act | ||||||
5 | 95-983): | ||||||
6 | (i) not access or use a computer or any other | ||||||
7 | device with Internet capability without the prior | ||||||
8 | written approval of the offender's probation officer, | ||||||
9 | except in connection with the offender's employment or | ||||||
10 | search for employment with the prior approval of the | ||||||
11 | offender's probation officer; | ||||||
12 | (ii) submit to periodic unannounced examinations | ||||||
13 | of the offender's computer or any other device with | ||||||
14 | Internet capability by the offender's probation | ||||||
15 | officer, a law enforcement officer, or assigned | ||||||
16 | computer or information technology specialist, | ||||||
17 | including the retrieval and copying of all data from | ||||||
18 | the computer or device and any internal or external | ||||||
19 | peripherals and removal of such information, | ||||||
20 | equipment, or device to conduct a more thorough | ||||||
21 | inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or software | ||||||
25 | systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the offender's probation officer; | ||||||
4 | (8.9) if convicted of a sex offense as defined in the | ||||||
5 | Sex Offender
Registration Act committed on or after January | ||||||
6 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
7 | from accessing or using a social networking website as | ||||||
8 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
9 | (9) if convicted of a felony or of any misdemeanor | ||||||
10 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
11 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
13 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
14 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
15 | at a time and place
designated by the court, his or her | ||||||
16 | Firearm
Owner's Identification Card and, if applicable, a | ||||||
17 | concealed carry license issued under the Gun Safety and | ||||||
18 | Responsibility Act and
any and all firearms in
his or her | ||||||
19 | possession. The local law enforcement agency shall conduct | ||||||
20 | a query with the Department of State Police concerning | ||||||
21 | registered assault weapons under this amendatory Act of the | ||||||
22 | 98th General Assembly. The Court shall return to the | ||||||
23 | Department of State Police Firearm Owner's Identification | ||||||
24 | Card Office the person's Firearm Owner's Identification | ||||||
25 | Card and, if applicable, a concealed carry license issued | ||||||
26 | under the Gun Safety and Responsibility Act ;
|
| |||||||
| |||||||
1 | (10) if convicted of a sex offense as defined in | ||||||
2 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
3 | offender is a parent or guardian of the person under 18 | ||||||
4 | years of age present in the home and no non-familial minors | ||||||
5 | are present, not participate in a holiday event involving | ||||||
6 | children under 18 years of age, such as distributing candy | ||||||
7 | or other items to children on Halloween, wearing a Santa | ||||||
8 | Claus costume on or preceding Christmas, being employed as | ||||||
9 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
10 | costume on or preceding Easter; | ||||||
11 | (11) if convicted of a sex offense as defined in | ||||||
12 | Section 2 of the Sex Offender Registration Act committed on | ||||||
13 | or after January 1, 2010 (the effective date of Public Act | ||||||
14 | 96-362) that requires the person to register as a sex | ||||||
15 | offender under that Act, may not knowingly use any computer | ||||||
16 | scrub software on any computer that the sex offender uses; | ||||||
17 | and | ||||||
18 | (12) if convicted of a violation of the Methamphetamine | ||||||
19 | Control and Community Protection Act, the Methamphetamine
| ||||||
20 | Precursor Control Act, or a methamphetamine related | ||||||
21 | offense: | ||||||
22 | (A) prohibited from purchasing, possessing, or | ||||||
23 | having under his or her control any product containing | ||||||
24 | pseudoephedrine unless prescribed by a physician; and | ||||||
25 | (B) prohibited from purchasing, possessing, or | ||||||
26 | having under his or her control any product containing |
| |||||||
| |||||||
1 | ammonium nitrate. | ||||||
2 | (b) The Court may in addition to other reasonable | ||||||
3 | conditions relating to the
nature of the offense or the | ||||||
4 | rehabilitation of the defendant as determined for
each | ||||||
5 | defendant in the proper discretion of the Court require that | ||||||
6 | the person:
| ||||||
7 | (1) serve a term of periodic imprisonment under Article | ||||||
8 | 7 for a
period not to exceed that specified in paragraph | ||||||
9 | (d) of Section 5-7-1;
| ||||||
10 | (2) pay a fine and costs;
| ||||||
11 | (3) work or pursue a course of study or vocational | ||||||
12 | training;
| ||||||
13 | (4) undergo medical, psychological or psychiatric | ||||||
14 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction
or residence of defendants on probation;
| ||||||
17 | (6) support his dependents;
| ||||||
18 | (7) and in addition, if a minor:
| ||||||
19 | (i) reside with his parents or in a foster home;
| ||||||
20 | (ii) attend school;
| ||||||
21 | (iii) attend a non-residential program for youth;
| ||||||
22 | (iv) contribute to his own support at home or in a | ||||||
23 | foster home;
| ||||||
24 | (v) with the consent of the superintendent of the
| ||||||
25 | facility, attend an educational program at a facility | ||||||
26 | other than the school
in which the
offense was |
| |||||||
| |||||||
1 | committed if he
or she is convicted of a crime of | ||||||
2 | violence as
defined in
Section 2 of the Crime Victims | ||||||
3 | Compensation Act committed in a school, on the
real
| ||||||
4 | property
comprising a school, or within 1,000 feet of | ||||||
5 | the real property comprising a
school;
| ||||||
6 | (8) make restitution as provided in Section 5-5-6 of | ||||||
7 | this Code;
| ||||||
8 | (9) perform some reasonable public or community | ||||||
9 | service;
| ||||||
10 | (10) serve a term of home confinement. In addition to | ||||||
11 | any other
applicable condition of probation or conditional | ||||||
12 | discharge, the
conditions of home confinement shall be that | ||||||
13 | the offender:
| ||||||
14 | (i) remain within the interior premises of the | ||||||
15 | place designated for
his confinement during the hours | ||||||
16 | designated by the court;
| ||||||
17 | (ii) admit any person or agent designated by the | ||||||
18 | court into the
offender's place of confinement at any | ||||||
19 | time for purposes of verifying
the offender's | ||||||
20 | compliance with the conditions of his confinement; and
| ||||||
21 | (iii) if further deemed necessary by the court or | ||||||
22 | the
Probation or
Court Services Department, be placed | ||||||
23 | on an approved
electronic monitoring device, subject | ||||||
24 | to Article 8A of Chapter V;
| ||||||
25 | (iv) for persons convicted of any alcohol, | ||||||
26 | cannabis or controlled
substance violation who are |
| |||||||
| |||||||
1 | placed on an approved monitoring device as a
condition | ||||||
2 | of probation or conditional discharge, the court shall | ||||||
3 | impose a
reasonable fee for each day of the use of the | ||||||
4 | device, as established by the
county board in | ||||||
5 | subsection (g) of this Section, unless after | ||||||
6 | determining the
inability of the offender to pay the | ||||||
7 | fee, the court assesses a lesser fee or no
fee as the | ||||||
8 | case may be. This fee shall be imposed in addition to | ||||||
9 | the fees
imposed under subsections (g) and (i) of this | ||||||
10 | Section. The fee shall be
collected by the clerk of the | ||||||
11 | circuit court. The clerk of the circuit
court shall pay | ||||||
12 | all monies collected from this fee to the county | ||||||
13 | treasurer
for deposit in the substance abuse services | ||||||
14 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
15 | (v) for persons convicted of offenses other than | ||||||
16 | those referenced in
clause (iv) above and who are | ||||||
17 | placed on an approved monitoring device as a
condition | ||||||
18 | of probation or conditional discharge, the court shall | ||||||
19 | impose
a reasonable fee for each day of the use of the | ||||||
20 | device, as established by the
county board in | ||||||
21 | subsection (g) of this Section, unless after | ||||||
22 | determining the
inability of the defendant to pay the | ||||||
23 | fee, the court assesses a lesser fee or
no fee as the | ||||||
24 | case may be. This fee shall be imposed in addition to | ||||||
25 | the fees
imposed under subsections (g) and (i) of this | ||||||
26 | Section. The fee
shall be collected by the clerk of the |
| |||||||
| |||||||
1 | circuit court. The clerk of the circuit
court shall pay | ||||||
2 | all monies collected from this fee
to the county | ||||||
3 | treasurer who shall use the monies collected to defray | ||||||
4 | the
costs of corrections. The county treasurer shall | ||||||
5 | deposit the fee
collected in the probation and court | ||||||
6 | services fund.
| ||||||
7 | (11) comply with the terms and conditions of an order | ||||||
8 | of protection issued
by the court pursuant to the Illinois | ||||||
9 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
10 | or an order of protection issued by the court of
another | ||||||
11 | state, tribe, or United States territory. A copy of the | ||||||
12 | order of
protection shall be
transmitted to the probation | ||||||
13 | officer or agency
having responsibility for the case;
| ||||||
14 | (12) reimburse any "local anti-crime program" as | ||||||
15 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
16 | for any reasonable expenses incurred
by the program on the | ||||||
17 | offender's case, not to exceed the maximum amount of
the | ||||||
18 | fine authorized for the offense for which the defendant was | ||||||
19 | sentenced;
| ||||||
20 | (13) contribute a reasonable sum of money, not to | ||||||
21 | exceed the maximum
amount of the fine authorized for the
| ||||||
22 | offense for which the defendant was sentenced, (i) to a | ||||||
23 | "local anti-crime
program", as defined in Section 7 of the | ||||||
24 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
25 | the jurisdiction of the Department of Natural Resources, to | ||||||
26 | the fund established by the Department of Natural Resources |
| |||||||
| |||||||
1 | for the purchase of evidence for investigation purposes and | ||||||
2 | to conduct investigations as outlined in Section 805-105 of | ||||||
3 | the Department of Natural Resources (Conservation) Law;
| ||||||
4 | (14) refrain from entering into a designated | ||||||
5 | geographic area except upon
such terms as the court finds | ||||||
6 | appropriate. Such terms may include
consideration of the | ||||||
7 | purpose of the entry, the time of day, other persons
| ||||||
8 | accompanying the defendant, and advance approval by a
| ||||||
9 | probation officer, if
the defendant has been placed on | ||||||
10 | probation or advance approval by the
court, if the | ||||||
11 | defendant was placed on conditional discharge;
| ||||||
12 | (15) refrain from having any contact, directly or | ||||||
13 | indirectly, with
certain specified persons or particular | ||||||
14 | types of persons, including but not
limited to members of | ||||||
15 | street gangs and drug users or dealers;
| ||||||
16 | (16) refrain from having in his or her body the | ||||||
17 | presence of any illicit
drug prohibited by the Cannabis | ||||||
18 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
19 | Methamphetamine Control and Community Protection Act, | ||||||
20 | unless prescribed by a physician, and submit samples of
his | ||||||
21 | or her blood or urine or both for tests to determine the | ||||||
22 | presence of any
illicit drug;
| ||||||
23 | (17) if convicted for an offense committed on or after | ||||||
24 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
25 | would qualify the accused as a child sex offender as | ||||||
26 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or the Criminal Code of 2012, refrain from | ||||||
2 | communicating with or contacting, by means of the Internet, | ||||||
3 | a person who is related to the accused and whom the accused | ||||||
4 | reasonably believes to be under 18 years of age; for | ||||||
5 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
6 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
7 | 2012; and a person is related to the accused if the person | ||||||
8 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
9 | a descendant of the accused; (iii) a first or second cousin | ||||||
10 | of the accused; or (iv) a step-child or adopted child of | ||||||
11 | the accused; | ||||||
12 | (18) if convicted for an offense committed on or after | ||||||
13 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
14 | would qualify as a sex offense as defined in the Sex | ||||||
15 | Offender Registration Act: | ||||||
16 | (i) not access or use a computer or any other | ||||||
17 | device with Internet capability without the prior | ||||||
18 | written approval of the offender's probation officer, | ||||||
19 | except in connection with the offender's employment or | ||||||
20 | search for employment with the prior approval of the | ||||||
21 | offender's probation officer; | ||||||
22 | (ii) submit to periodic unannounced examinations | ||||||
23 | of the offender's computer or any other device with | ||||||
24 | Internet capability by the offender's probation | ||||||
25 | officer, a law enforcement officer, or assigned | ||||||
26 | computer or information technology specialist, |
| |||||||
| |||||||
1 | including the retrieval and copying of all data from | ||||||
2 | the computer or device and any internal or external | ||||||
3 | peripherals and removal of such information, | ||||||
4 | equipment, or device to conduct a more thorough | ||||||
5 | inspection; | ||||||
6 | (iii) submit to the installation on the offender's | ||||||
7 | computer or device with Internet capability, at the | ||||||
8 | subject's expense, of one or more hardware or software | ||||||
9 | systems to monitor the Internet use; and | ||||||
10 | (iv) submit to any other appropriate restrictions | ||||||
11 | concerning the offender's use of or access to a | ||||||
12 | computer or any other device with Internet capability | ||||||
13 | imposed by the offender's probation officer; and | ||||||
14 | (19) refrain from possessing a firearm or other | ||||||
15 | dangerous weapon where the offense is a misdemeanor that | ||||||
16 | did not involve the intentional or knowing infliction of | ||||||
17 | bodily harm or threat of bodily harm. | ||||||
18 | (c) The court may as a condition of probation or of | ||||||
19 | conditional
discharge require that a person under 18 years of | ||||||
20 | age found guilty of any
alcohol, cannabis or controlled | ||||||
21 | substance violation, refrain from acquiring
a driver's license | ||||||
22 | during
the period of probation or conditional discharge. If | ||||||
23 | such person
is in possession of a permit or license, the court | ||||||
24 | may require that
the minor refrain from driving or operating | ||||||
25 | any motor vehicle during the
period of probation or conditional | ||||||
26 | discharge, except as may be necessary in
the course of the |
| |||||||
| |||||||
1 | minor's lawful employment.
| ||||||
2 | (d) An offender sentenced to probation or to conditional | ||||||
3 | discharge
shall be given a certificate setting forth the | ||||||
4 | conditions thereof.
| ||||||
5 | (e) Except where the offender has committed a fourth or | ||||||
6 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
7 | Illinois Vehicle Code,
the court shall not require as a | ||||||
8 | condition of the sentence of
probation or conditional discharge | ||||||
9 | that the offender be committed to a
period of imprisonment in | ||||||
10 | excess of 6 months.
This 6 month limit shall not include | ||||||
11 | periods of confinement given pursuant to
a sentence of county | ||||||
12 | impact incarceration under Section 5-8-1.2.
| ||||||
13 | Persons committed to imprisonment as a condition of | ||||||
14 | probation or
conditional discharge shall not be committed to | ||||||
15 | the Department of
Corrections.
| ||||||
16 | (f) The court may combine a sentence of periodic | ||||||
17 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
18 | incarceration program under
Article 8 with a sentence of | ||||||
19 | probation or conditional discharge.
| ||||||
20 | (g) An offender sentenced to probation or to conditional | ||||||
21 | discharge and
who during the term of either undergoes mandatory | ||||||
22 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
23 | on an approved electronic monitoring
device, shall be ordered | ||||||
24 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
25 | testing, or both, and all costs
incidental to such approved | ||||||
26 | electronic monitoring in accordance with the
defendant's |
| |||||||
| |||||||
1 | ability to pay those costs. The county board with
the | ||||||
2 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
3 | the county is located shall establish reasonable fees for
the | ||||||
4 | cost of maintenance, testing, and incidental expenses related | ||||||
5 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
6 | costs incidental to
approved electronic monitoring, involved | ||||||
7 | in a successful probation program
for the county. The | ||||||
8 | concurrence of the Chief Judge shall be in the form of
an | ||||||
9 | administrative order.
The fees shall be collected by the clerk | ||||||
10 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
11 | all moneys collected from these fees to the county
treasurer | ||||||
12 | who shall use the moneys collected to defray the costs of
drug | ||||||
13 | testing, alcohol testing, and electronic monitoring.
The | ||||||
14 | county treasurer shall deposit the fees collected in the
county | ||||||
15 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
16 | the
Counties Code, as the case may be.
| ||||||
17 | (h) Jurisdiction over an offender may be transferred from | ||||||
18 | the
sentencing court to the court of another circuit with the | ||||||
19 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
20 | jurisdiction are also
authorized in the same manner. The court | ||||||
21 | to which jurisdiction has been
transferred shall have the same | ||||||
22 | powers as the sentencing court.
The probation department within | ||||||
23 | the circuit to which jurisdiction has been transferred may | ||||||
24 | impose probation fees upon receiving the transferred offender, | ||||||
25 | as provided in subsection (i). The probation department from | ||||||
26 | the original sentencing court shall retain all probation fees |
| |||||||
| |||||||
1 | collected prior to the transfer.
| ||||||
2 | (i) The court shall impose upon an offender
sentenced to | ||||||
3 | probation after January 1, 1989 or to conditional discharge
| ||||||
4 | after January 1, 1992 or to community service under the | ||||||
5 | supervision of a
probation or court services department after | ||||||
6 | January 1, 2004, as a condition of such probation or | ||||||
7 | conditional
discharge or supervised community service, a fee of | ||||||
8 | $50
for each month of probation or
conditional
discharge | ||||||
9 | supervision or supervised community service ordered by the | ||||||
10 | court, unless after
determining the inability of the person | ||||||
11 | sentenced to probation or conditional
discharge or supervised | ||||||
12 | community service to pay the
fee, the court assesses a lesser | ||||||
13 | fee. The court may not impose the fee on a
minor who is made a | ||||||
14 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
15 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
16 | an offender who is actively supervised by the
probation and | ||||||
17 | court services
department. The fee shall be collected by the | ||||||
18 | clerk
of the circuit court. The clerk of the circuit court | ||||||
19 | shall pay all monies
collected from this fee to the county | ||||||
20 | treasurer for deposit in the
probation and court services fund | ||||||
21 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
22 | A circuit court may not impose a probation fee under this | ||||||
23 | subsection (i) in excess of $25
per month unless the circuit | ||||||
24 | court has adopted, by administrative
order issued by the chief | ||||||
25 | judge, a standard probation fee guide
determining an offender's | ||||||
26 | ability to pay Of the
amount collected as a probation fee, up |
| |||||||
| |||||||
1 | to $5 of that fee
collected per month may be used to provide | ||||||
2 | services to crime victims
and their families. | ||||||
3 | The Court may only waive probation fees based on an | ||||||
4 | offender's ability to pay. The probation department may | ||||||
5 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
6 | with the approval of the Director of Court Services or the | ||||||
7 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
8 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
9 | offender that has been assigned to the supervision of a | ||||||
10 | probation department, or has been transferred either under | ||||||
11 | subsection (h) of this Section or under any interstate compact, | ||||||
12 | shall be required to pay probation fees to the department | ||||||
13 | supervising the offender, based on the offender's ability to | ||||||
14 | pay.
| ||||||
15 | This amendatory Act of the 93rd General Assembly deletes | ||||||
16 | the $10 increase in the fee under this subsection that was | ||||||
17 | imposed by Public Act 93-616. This deletion is intended to | ||||||
18 | control over any other Act of the 93rd General Assembly that | ||||||
19 | retains or incorporates that fee increase. | ||||||
20 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
21 | of this Section, in the case of an offender convicted of a | ||||||
22 | felony sex offense (as defined in the Sex Offender Management | ||||||
23 | Board Act) or an offense that the court or probation department | ||||||
24 | has determined to be sexually motivated (as defined in the Sex | ||||||
25 | Offender Management Board Act), the court or the probation | ||||||
26 | department shall assess additional fees to pay for all costs of |
| |||||||
| |||||||
1 | treatment, assessment, evaluation for risk and treatment, and | ||||||
2 | monitoring the offender, based on that offender's ability to | ||||||
3 | pay those costs either as they occur or under a payment plan. | ||||||
4 | (j) All fines and costs imposed under this Section for any | ||||||
5 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
6 | Code, or a similar
provision of a local ordinance, and any | ||||||
7 | violation of the Child Passenger
Protection Act, or a similar | ||||||
8 | provision of a local ordinance, shall be
collected and | ||||||
9 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
10 | of the Clerks of Courts Act.
| ||||||
11 | (k) Any offender who is sentenced to probation or | ||||||
12 | conditional discharge for a felony sex offense as defined in | ||||||
13 | the Sex Offender Management Board Act or any offense that the | ||||||
14 | court or probation department has determined to be sexually | ||||||
15 | motivated as defined in the Sex Offender Management Board Act | ||||||
16 | shall be required to refrain from any contact, directly or | ||||||
17 | indirectly, with any persons specified by the court and shall | ||||||
18 | be available for all evaluations and treatment programs | ||||||
19 | required by the court or the probation department.
| ||||||
20 | (l) The court may order an offender who is sentenced to | ||||||
21 | probation or conditional
discharge for a violation of an order | ||||||
22 | of protection be placed under electronic surveillance as | ||||||
23 | provided in Section 5-8A-7 of this Code. | ||||||
24 | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
25 | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | ||||||
26 | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, |
| |||||||
| |||||||
1 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
2 | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
3 | 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. | ||||||
4 | 1-25-13.) | ||||||
5 | Section 120. The Stalking No Contact Order Act is amended | ||||||
6 | by changing Section 80 as follows: | ||||||
7 | (740 ILCS 21/80)
| ||||||
8 | Sec. 80. Stalking no contact orders; remedies. | ||||||
9 | (a) If the court finds that the petitioner has been a | ||||||
10 | victim of stalking, a stalking no contact order shall issue; | ||||||
11 | provided that the petitioner must also satisfy the requirements | ||||||
12 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
13 | orders. The petitioner shall not be denied a stalking no | ||||||
14 | contact order because the petitioner or the respondent is a | ||||||
15 | minor. The court, when determining whether or not to issue a | ||||||
16 | stalking no contact order, may not require physical injury on | ||||||
17 | the person of the petitioner. Modification and extension of | ||||||
18 | prior stalking no contact orders shall be in accordance with | ||||||
19 | this Act. | ||||||
20 | (b) A stalking no contact order shall order one or more of | ||||||
21 | the following: | ||||||
22 | (1) prohibit the respondent from threatening to commit | ||||||
23 | or committing stalking; | ||||||
24 | (2) order the respondent not to have any contact with |
| |||||||
| |||||||
1 | the petitioner or a third person specifically named by the | ||||||
2 | court; | ||||||
3 | (3) prohibit the respondent from knowingly coming | ||||||
4 | within, or knowingly remaining within a specified distance | ||||||
5 | of the petitioner or the petitioner's residence, school, | ||||||
6 | daycare, or place of employment, or any specified place | ||||||
7 | frequented by the petitioner; however, the court may order | ||||||
8 | the respondent to stay away from the respondent's own | ||||||
9 | residence, school, or place of employment only if the | ||||||
10 | respondent has been provided actual notice of the | ||||||
11 | opportunity to appear and be heard on the petition; | ||||||
12 | (4) prohibit the respondent from possessing a Firearm | ||||||
13 | Owners Identification Card, or possessing or buying | ||||||
14 | firearms; and | ||||||
15 | (5) order other injunctive relief the court determines | ||||||
16 | to be necessary to protect the petitioner or third party | ||||||
17 | specifically named by the court. | ||||||
18 | (b-5) When the petitioner and the respondent attend the | ||||||
19 | same public, private, or non-public elementary, middle, or high | ||||||
20 | school, the court when issuing a stalking no contact order and | ||||||
21 | providing relief shall consider the severity of the act, any | ||||||
22 | continuing physical danger or emotional distress to the | ||||||
23 | petitioner, the educational rights guaranteed to the | ||||||
24 | petitioner and respondent under federal and State law, the | ||||||
25 | availability of a transfer of the respondent to another school, | ||||||
26 | a change of placement or a change of program of the respondent, |
| |||||||
| |||||||
1 | the expense, difficulty, and educational disruption that would | ||||||
2 | be caused by a transfer of the respondent to another school, | ||||||
3 | and any other relevant facts of the case. The court may order | ||||||
4 | that the respondent not attend the public, private, or | ||||||
5 | non-public elementary, middle, or high school attended by the | ||||||
6 | petitioner, order that the respondent accept a change of | ||||||
7 | placement or program, as determined by the school district or | ||||||
8 | private or non-public school, or place restrictions on the | ||||||
9 | respondent's movements within the school attended by the | ||||||
10 | petitioner.
The respondent bears the burden of proving by a | ||||||
11 | preponderance of the evidence that a transfer, change of | ||||||
12 | placement, or change of program of the respondent is not | ||||||
13 | available. The respondent also bears the burden of production | ||||||
14 | with respect to the expense, difficulty, and educational | ||||||
15 | disruption that would be caused by a transfer of the respondent | ||||||
16 | to another school. A transfer, change of placement, or change | ||||||
17 | of program is not unavailable to the respondent solely on the | ||||||
18 | ground that the respondent does not agree with the school | ||||||
19 | district's or private or non-public school's transfer, change | ||||||
20 | of placement, or change of program or solely on the ground that | ||||||
21 | the respondent fails or refuses to consent to or otherwise does | ||||||
22 | not take an action required to effectuate a transfer, change of | ||||||
23 | placement, or change of program.
When a court orders a | ||||||
24 | respondent to stay away from the public, private, or non-public | ||||||
25 | school attended by the petitioner and the respondent requests a | ||||||
26 | transfer to another attendance center within the respondent's |
| |||||||
| |||||||
1 | school district or private or non-public school, the school | ||||||
2 | district or private or non-public school shall have sole | ||||||
3 | discretion to determine the attendance center to which the | ||||||
4 | respondent is transferred.
In the event the court order results | ||||||
5 | in a transfer of the minor respondent to another attendance | ||||||
6 | center, a change in the respondent's placement, or a change of | ||||||
7 | the respondent's program, the parents, guardian, or legal | ||||||
8 | custodian of the respondent is responsible for transportation | ||||||
9 | and other costs associated with the transfer or change. | ||||||
10 | (b-6) The court may order the parents, guardian, or legal | ||||||
11 | custodian of a minor respondent to take certain actions or to | ||||||
12 | refrain from taking certain actions to ensure that the | ||||||
13 | respondent complies with the order. In the event the court | ||||||
14 | orders a transfer of the respondent to another school, the | ||||||
15 | parents, guardian, or legal custodian of the respondent are | ||||||
16 | responsible for transportation and other costs associated with | ||||||
17 | the change of school by the respondent. | ||||||
18 | (b-7) The court shall not hold a school district or private | ||||||
19 | or non-public school or any of its employees in civil or | ||||||
20 | criminal contempt unless the school district or private or | ||||||
21 | non-public school has been allowed to intervene. | ||||||
22 | (b-8) The court may hold the parents, guardian, or legal | ||||||
23 | custodian of a minor respondent in civil or criminal contempt | ||||||
24 | for a violation of any provision of any order entered under | ||||||
25 | this Act for conduct of the minor respondent in violation of | ||||||
26 | this Act if the
parents, guardian, or legal custodian directed, |
| |||||||
| |||||||
1 | encouraged, or assisted the respondent minor in such conduct. | ||||||
2 | (c) The court may award the petitioner costs and attorneys | ||||||
3 | fees if a stalking no contact order is granted. | ||||||
4 | (d) Monetary damages are not recoverable as a remedy. | ||||||
5 | (e) If the stalking no contact order prohibits the | ||||||
6 | respondent from possessing a Firearm Owner's Identification | ||||||
7 | Card, or possessing or buying firearms; the court shall | ||||||
8 | confiscate the respondent's Firearm Owner's Identification | ||||||
9 | Card and, if applicable, a concealed carry license issued under | ||||||
10 | the Gun Safety and Responsibility Act and immediately return | ||||||
11 | the card , license, or both to the Department of State Police | ||||||
12 | Firearm Owner's Identification Card Office.
Any firearms in the | ||||||
13 | possession of the respondent, except as authorized in | ||||||
14 | subsection (f) shall be ordered by the court to be turned over | ||||||
15 | to the local law enforcement agency for safekeeping. The local | ||||||
16 | law enforcement agency shall conduct a query with the | ||||||
17 | Department of State Police concerning registered assault | ||||||
18 | weapons under this amendatory Act of the 98th General Assembly.
| ||||||
19 | (f) If the respondent is a peace officer as defined in | ||||||
20 | Section 2-13 of the Criminal Code of 2012, the court shall | ||||||
21 | order that any firearms used by the respondent in the | ||||||
22 | performance of his or her duties as a peace officer be | ||||||
23 | surrendered to the chief law enforcement executive of the | ||||||
24 | agency in which the respondent is employed, who shall retain | ||||||
25 | the firearms for safekeeping for the duration of the stalking | ||||||
26 | no contact order. |
| |||||||
| |||||||
1 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
2 | 97-1131, eff. 1-1-13.) | ||||||
3 | Section 125. The Illinois Domestic Violence Act of 1986 is | ||||||
4 | amended by changing Section 214 as follows:
| ||||||
5 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
6 | Sec. 214. Order of protection; remedies.
| ||||||
7 | (a) Issuance of order. If the court finds that petitioner | ||||||
8 | has been
abused by a family or household member or that | ||||||
9 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
10 | or exploited, as defined in this Act,
an order of protection | ||||||
11 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
12 | provided that petitioner must also satisfy the requirements of
| ||||||
13 | one of the following Sections, as appropriate: Section 217 on | ||||||
14 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
15 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
16 | protection because petitioner or
respondent is a minor. The | ||||||
17 | court, when determining whether or not to issue
an order of | ||||||
18 | protection, shall not require physical manifestations of abuse
| ||||||
19 | on the person of the victim. Modification and extension of | ||||||
20 | prior
orders of protection shall be in accordance with this | ||||||
21 | Act.
| ||||||
22 | (b) Remedies and standards. The remedies to be included in | ||||||
23 | an order of
protection shall be determined in accordance with | ||||||
24 | this Section and one of
the following Sections, as appropriate: |
| |||||||
| |||||||
1 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
2 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
3 | subsection shall be in addition to other civil or
criminal | ||||||
4 | remedies available to petitioner.
| ||||||
5 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
6 | Prohibit
respondent's harassment, interference with | ||||||
7 | personal liberty, intimidation
of a dependent, physical | ||||||
8 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
9 | defined in this Act, or stalking of the petitioner, as | ||||||
10 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
11 | such abuse, neglect,
exploitation, or stalking has | ||||||
12 | occurred or otherwise appears likely to occur if
not | ||||||
13 | prohibited.
| ||||||
14 | (2) Grant of exclusive possession of residence. | ||||||
15 | Prohibit respondent from
entering or remaining in any | ||||||
16 | residence, household, or premises of the petitioner,
| ||||||
17 | including one owned or leased by respondent, if petitioner | ||||||
18 | has a right to
occupancy thereof. The grant of exclusive | ||||||
19 | possession of the residence, household, or premises shall | ||||||
20 | not
affect title to real property, nor shall the court be | ||||||
21 | limited by the standard
set forth in Section 701 of the | ||||||
22 | Illinois Marriage and Dissolution of Marriage
Act.
| ||||||
23 | (A) Right to occupancy. A party has a right to | ||||||
24 | occupancy of a
residence or household if it is solely | ||||||
25 | or jointly owned or leased by that
party, that party's | ||||||
26 | spouse, a person with a legal duty to support that |
| |||||||
| |||||||
1 | party or
a minor child in that party's care, or by any | ||||||
2 | person or entity other than the
opposing party that | ||||||
3 | authorizes that party's occupancy (e.g., a domestic
| ||||||
4 | violence shelter). Standards set forth in subparagraph | ||||||
5 | (B) shall not preclude
equitable relief.
| ||||||
6 | (B) Presumption of hardships. If petitioner and | ||||||
7 | respondent
each has the right to occupancy of a | ||||||
8 | residence or household, the court
shall balance (i) the | ||||||
9 | hardships to respondent and any minor child or
| ||||||
10 | dependent adult in respondent's care resulting from | ||||||
11 | entry of this remedy with
(ii) the hardships to | ||||||
12 | petitioner and any minor child or dependent adult in
| ||||||
13 | petitioner's care resulting from continued exposure to | ||||||
14 | the risk of abuse
(should petitioner remain at the | ||||||
15 | residence or household) or from loss of
possession of | ||||||
16 | the residence or household (should petitioner leave to | ||||||
17 | avoid the
risk of abuse). When determining the balance | ||||||
18 | of hardships, the court shall
also take into account | ||||||
19 | the accessibility of the residence or household.
| ||||||
20 | Hardships need not be balanced if respondent does not | ||||||
21 | have a right to
occupancy.
| ||||||
22 | The balance of hardships is presumed to favor | ||||||
23 | possession by
petitioner unless the presumption is | ||||||
24 | rebutted by a preponderance of the
evidence, showing | ||||||
25 | that the hardships to respondent substantially | ||||||
26 | outweigh
the hardships to petitioner and any minor |
| |||||||
| |||||||
1 | child or dependent adult in
petitioner's care. The | ||||||
2 | court, on the request of petitioner or on its own
| ||||||
3 | motion, may order respondent to provide suitable, | ||||||
4 | accessible, alternate housing
for petitioner instead | ||||||
5 | of excluding respondent from a mutual residence or
| ||||||
6 | household.
| ||||||
7 | (3) Stay away order and additional prohibitions.
Order | ||||||
8 | respondent to stay away from petitioner or any other person
| ||||||
9 | protected by the order of protection, or prohibit | ||||||
10 | respondent from entering
or remaining present at | ||||||
11 | petitioner's school, place of employment, or other
| ||||||
12 | specified places at times when petitioner is present, or | ||||||
13 | both, if
reasonable, given the balance of hardships. | ||||||
14 | Hardships need not be balanced for
the court to enter a | ||||||
15 | stay away order or prohibit entry if respondent has no
| ||||||
16 | right to enter the premises.
| ||||||
17 | (A) If an order of protection grants petitioner | ||||||
18 | exclusive possession
of the residence, or prohibits | ||||||
19 | respondent from entering the residence,
or orders | ||||||
20 | respondent to stay away from petitioner or other
| ||||||
21 | protected persons, then the court may allow respondent | ||||||
22 | access to the
residence to remove items of clothing and | ||||||
23 | personal adornment
used exclusively by respondent, | ||||||
24 | medications, and other items as the court
directs. The | ||||||
25 | right to access shall be exercised on only one occasion | ||||||
26 | as the
court directs and in the presence of an |
| |||||||
| |||||||
1 | agreed-upon adult third party or law
enforcement | ||||||
2 | officer.
| ||||||
3 | (B) When the petitioner and the respondent attend | ||||||
4 | the same public, private, or non-public elementary, | ||||||
5 | middle, or high school, the court when issuing an order | ||||||
6 | of protection and providing relief shall consider the | ||||||
7 | severity of the act, any continuing physical danger or | ||||||
8 | emotional distress to the petitioner, the educational | ||||||
9 | rights guaranteed to the petitioner and respondent | ||||||
10 | under federal and State law, the availability of a | ||||||
11 | transfer of the respondent to another school, a change | ||||||
12 | of placement or a change of program of the respondent, | ||||||
13 | the expense, difficulty, and educational disruption | ||||||
14 | that would be caused by a transfer of the respondent to | ||||||
15 | another school, and any other relevant facts of the | ||||||
16 | case. The court may order that the respondent not | ||||||
17 | attend the public, private, or non-public elementary, | ||||||
18 | middle, or high school attended by the petitioner, | ||||||
19 | order that the respondent accept a change of placement | ||||||
20 | or change of program, as determined by the school | ||||||
21 | district or private or non-public school, or place | ||||||
22 | restrictions on the respondent's movements within the | ||||||
23 | school attended by the petitioner.
The respondent | ||||||
24 | bears the burden of proving by a preponderance of the | ||||||
25 | evidence that a transfer, change of placement, or | ||||||
26 | change of program of the respondent is not available. |
| |||||||
| |||||||
1 | The respondent also bears the burden of production with | ||||||
2 | respect to the expense, difficulty, and educational | ||||||
3 | disruption that would be caused by a transfer of the | ||||||
4 | respondent to another school. A transfer, change of | ||||||
5 | placement, or change of program is not unavailable to | ||||||
6 | the respondent solely on the ground that the respondent | ||||||
7 | does not agree with the school district's or private or | ||||||
8 | non-public school's transfer, change of placement, or | ||||||
9 | change of program or solely on the ground that the | ||||||
10 | respondent fails or refuses to consent or otherwise | ||||||
11 | does not take an action required to effectuate a | ||||||
12 | transfer, change of placement, or change of program.
| ||||||
13 | When a court orders a respondent to stay away from the | ||||||
14 | public, private, or non-public school attended by the | ||||||
15 | petitioner and the respondent requests a transfer to | ||||||
16 | another attendance center within the respondent's | ||||||
17 | school district or private or non-public school, the | ||||||
18 | school district or private or non-public school shall | ||||||
19 | have sole discretion to determine the attendance | ||||||
20 | center to which the respondent is transferred.
In the | ||||||
21 | event the court order results in a transfer of the | ||||||
22 | minor respondent to another attendance center, a | ||||||
23 | change in the respondent's placement, or a change of | ||||||
24 | the respondent's program, the parents, guardian, or | ||||||
25 | legal custodian of the respondent is responsible for | ||||||
26 | transportation and other costs associated with the |
| |||||||
| |||||||
1 | transfer or change. | ||||||
2 | (C) The court may order the parents, guardian, or | ||||||
3 | legal custodian of a minor respondent to take certain | ||||||
4 | actions or to refrain from taking certain actions to | ||||||
5 | ensure that the respondent complies with the order. In | ||||||
6 | the event the court orders a transfer of the respondent | ||||||
7 | to another school, the parents, guardian, or legal | ||||||
8 | custodian of the respondent is responsible for | ||||||
9 | transportation and other costs associated with the | ||||||
10 | change of school by the respondent.
| ||||||
11 | (4) Counseling. Require or recommend the respondent to | ||||||
12 | undergo
counseling for a specified duration with a social | ||||||
13 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
14 | family service agency, alcohol or
substance abuse program, | ||||||
15 | mental health center guidance counselor, agency
providing | ||||||
16 | services to elders, program designed for domestic violence
| ||||||
17 | abusers or any other guidance service the court deems | ||||||
18 | appropriate. The Court may order the respondent in any | ||||||
19 | intimate partner relationship to report to an Illinois | ||||||
20 | Department of Human Services protocol approved partner | ||||||
21 | abuse intervention program for an assessment and to follow | ||||||
22 | all recommended treatment.
| ||||||
23 | (5) Physical care and possession of the minor child. In | ||||||
24 | order to protect
the minor child from abuse, neglect, or | ||||||
25 | unwarranted separation from the person
who has been the | ||||||
26 | minor child's primary caretaker, or to otherwise protect |
| |||||||
| |||||||
1 | the
well-being of the minor child, the court may do either | ||||||
2 | or both of the
following: (i) grant petitioner physical | ||||||
3 | care or possession of the minor child,
or both, or (ii) | ||||||
4 | order respondent to return a minor child to, or not remove | ||||||
5 | a
minor child from, the physical care of a parent or person | ||||||
6 | in loco parentis.
| ||||||
7 | If a court finds, after a hearing, that respondent has | ||||||
8 | committed abuse
(as defined in Section 103) of a minor | ||||||
9 | child, there shall be a
rebuttable presumption that | ||||||
10 | awarding physical care to respondent would not
be in the | ||||||
11 | minor child's best interest.
| ||||||
12 | (6) Temporary legal custody. Award temporary legal | ||||||
13 | custody to petitioner
in accordance with this Section, the | ||||||
14 | Illinois Marriage and Dissolution of
Marriage Act, the | ||||||
15 | Illinois Parentage Act of 1984, and this State's Uniform
| ||||||
16 | Child-Custody Jurisdiction and Enforcement Act.
| ||||||
17 | If a court finds, after a hearing, that respondent has | ||||||
18 | committed abuse (as
defined in Section 103) of a minor | ||||||
19 | child, there shall be a rebuttable
presumption that | ||||||
20 | awarding temporary legal custody to respondent would not be | ||||||
21 | in
the child's best interest.
| ||||||
22 | (7) Visitation. Determine the visitation rights, if | ||||||
23 | any, of respondent in
any case in which the court awards | ||||||
24 | physical care or temporary legal custody of
a minor child | ||||||
25 | to petitioner. The court shall restrict or deny | ||||||
26 | respondent's
visitation with a minor child if the court |
| |||||||
| |||||||
1 | finds that respondent has done or is
likely to do any of | ||||||
2 | the following: (i) abuse or endanger the minor child during
| ||||||
3 | visitation; (ii) use the visitation as an opportunity to | ||||||
4 | abuse or harass
petitioner or petitioner's family or | ||||||
5 | household members; (iii) improperly
conceal or detain the | ||||||
6 | minor child; or (iv) otherwise act in a manner that is
not | ||||||
7 | in the best interests of the minor child. The court shall | ||||||
8 | not be limited
by the standards set forth in Section 607.1 | ||||||
9 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
10 | If the court grants visitation, the order shall
specify | ||||||
11 | dates and times for the visitation to take place or other | ||||||
12 | specific
parameters or conditions that are appropriate. No | ||||||
13 | order for visitation shall
refer merely to the term | ||||||
14 | "reasonable visitation".
| ||||||
15 | Petitioner may deny respondent access to the minor | ||||||
16 | child if, when
respondent arrives for visitation, | ||||||
17 | respondent is under the influence of drugs
or alcohol and | ||||||
18 | constitutes a threat to the safety and well-being of
| ||||||
19 | petitioner or petitioner's minor children or is behaving in | ||||||
20 | a violent or
abusive manner.
| ||||||
21 | If necessary to protect any member of petitioner's | ||||||
22 | family or
household from future abuse, respondent shall be | ||||||
23 | prohibited from coming to
petitioner's residence to meet | ||||||
24 | the minor child for visitation, and the
parties shall | ||||||
25 | submit to the court their recommendations for reasonable
| ||||||
26 | alternative arrangements for visitation. A person may be |
| |||||||
| |||||||
1 | approved to
supervise visitation only after filing an | ||||||
2 | affidavit accepting
that responsibility and acknowledging | ||||||
3 | accountability to the court.
| ||||||
4 | (8) Removal or concealment of minor child. Prohibit | ||||||
5 | respondent from
removing a minor child from the State or | ||||||
6 | concealing the child within the State.
| ||||||
7 | (9) Order to appear. Order the respondent to appear in | ||||||
8 | court, alone
or with a minor child, to prevent abuse, | ||||||
9 | neglect, removal or concealment of
the child, to return the | ||||||
10 | child to the custody or care of the petitioner or
to permit | ||||||
11 | any court-ordered interview or examination of the child or | ||||||
12 | the
respondent.
| ||||||
13 | (10) Possession of personal property. Grant petitioner | ||||||
14 | exclusive
possession of personal property and, if | ||||||
15 | respondent has possession or
control, direct respondent to | ||||||
16 | promptly make it available to petitioner, if:
| ||||||
17 | (i) petitioner, but not respondent, owns the | ||||||
18 | property; or
| ||||||
19 | (ii) the parties own the property jointly; sharing | ||||||
20 | it would risk
abuse of petitioner by respondent or is | ||||||
21 | impracticable; and the balance of
hardships favors | ||||||
22 | temporary possession by petitioner.
| ||||||
23 | If petitioner's sole claim to ownership of the property | ||||||
24 | is that it is
marital property, the court may award | ||||||
25 | petitioner temporary possession
thereof under the | ||||||
26 | standards of subparagraph (ii) of this paragraph only if
a |
| |||||||
| |||||||
1 | proper proceeding has been filed under the Illinois | ||||||
2 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
3 | hereafter amended.
| ||||||
4 | No order under this provision shall affect title to | ||||||
5 | property.
| ||||||
6 | (11) Protection of property. Forbid the respondent | ||||||
7 | from taking,
transferring, encumbering, concealing, | ||||||
8 | damaging or otherwise disposing of
any real or personal | ||||||
9 | property, except as explicitly authorized by the
court, if:
| ||||||
10 | (i) petitioner, but not respondent, owns the | ||||||
11 | property; or
| ||||||
12 | (ii) the parties own the property jointly,
and the | ||||||
13 | balance of hardships favors granting this remedy.
| ||||||
14 | If petitioner's sole claim to ownership of the property | ||||||
15 | is that it is
marital property, the court may grant | ||||||
16 | petitioner relief under subparagraph
(ii) of this | ||||||
17 | paragraph only if a proper proceeding has been filed under | ||||||
18 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
19 | now or hereafter amended.
| ||||||
20 | The court may further prohibit respondent from | ||||||
21 | improperly using the
financial or other resources of an | ||||||
22 | aged member of the family or household
for the profit or | ||||||
23 | advantage of respondent or of any other person.
| ||||||
24 | (11.5) Protection of animals. Grant the petitioner the | ||||||
25 | exclusive care, custody, or control of any animal owned, | ||||||
26 | possessed, leased, kept, or held by either the petitioner |
| |||||||
| |||||||
1 | or the respondent or a minor child residing in the | ||||||
2 | residence or household of either the petitioner or the | ||||||
3 | respondent and order the respondent to stay away from the | ||||||
4 | animal and forbid the respondent from taking, | ||||||
5 | transferring, encumbering, concealing, harming, or | ||||||
6 | otherwise disposing of the animal.
| ||||||
7 | (12) Order for payment of support. Order respondent to | ||||||
8 | pay temporary
support for the petitioner or any child in | ||||||
9 | the petitioner's care or
custody, when the respondent has a | ||||||
10 | legal obligation to support that person,
in accordance with | ||||||
11 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
12 | which shall govern, among other matters, the amount of
| ||||||
13 | support, payment through the clerk and withholding of | ||||||
14 | income to secure
payment. An order for child support may be | ||||||
15 | granted to a petitioner with
lawful physical care or | ||||||
16 | custody of a child, or an order or agreement for
physical | ||||||
17 | care or custody, prior to entry of an order for legal | ||||||
18 | custody.
Such a support order shall expire upon entry of a | ||||||
19 | valid order granting
legal custody to another, unless | ||||||
20 | otherwise provided in the custody order.
| ||||||
21 | (13) Order for payment of losses. Order respondent to | ||||||
22 | pay petitioner for
losses suffered as a direct result of | ||||||
23 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
24 | include, but not be limited to, medical expenses, lost
| ||||||
25 | earnings or other support, repair or replacement of | ||||||
26 | property damaged or taken,
reasonable attorney's fees, |
| |||||||
| |||||||
1 | court costs and moving or other travel expenses,
including | ||||||
2 | additional reasonable expenses for temporary shelter and | ||||||
3 | restaurant
meals.
| ||||||
4 | (i) Losses affecting family needs. If a party is | ||||||
5 | entitled to seek
maintenance, child support or | ||||||
6 | property distribution from the other party
under the | ||||||
7 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
8 | now or
hereafter amended, the court may order | ||||||
9 | respondent to reimburse petitioner's
actual losses, to | ||||||
10 | the extent that such reimbursement would be | ||||||
11 | "appropriate
temporary relief", as authorized by | ||||||
12 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
13 | (ii) Recovery of expenses. In the case of an | ||||||
14 | improper concealment
or removal of a minor child, the | ||||||
15 | court may order respondent to pay the
reasonable | ||||||
16 | expenses incurred or to be incurred in the search for | ||||||
17 | and recovery
of the minor child, including but not | ||||||
18 | limited to legal fees, court costs,
private | ||||||
19 | investigator fees, and travel costs.
| ||||||
20 | (14) Prohibition of entry. Prohibit the respondent | ||||||
21 | from entering or
remaining in the residence or household | ||||||
22 | while the respondent is under the
influence of alcohol or | ||||||
23 | drugs and constitutes a threat to the safety and
well-being | ||||||
24 | of the petitioner or the petitioner's children.
| ||||||
25 | (14.5) Prohibition of firearm possession.
| ||||||
26 | (a) Prohibit a respondent against whom an order of |
| |||||||
| |||||||
1 | protection was issued from possessing any firearms | ||||||
2 | during the duration of the order if the order: | ||||||
3 | (1) was issued after a hearing of which such | ||||||
4 | person received
actual notice, and at which such | ||||||
5 | person had an opportunity to
participate; | ||||||
6 | (2) restrains such person from harassing, | ||||||
7 | stalking, or
threatening an intimate partner of | ||||||
8 | such person or child of such
intimate partner or | ||||||
9 | person, or engaging in other conduct that
would | ||||||
10 | place an intimate partner in reasonable fear of | ||||||
11 | bodily
injury to the partner or child; and | ||||||
12 | (3)(i) includes a finding that such person | ||||||
13 | represents a
credible threat to the physical | ||||||
14 | safety of such intimate partner
or child; or
(ii) | ||||||
15 | by its terms explicitly prohibits the use, | ||||||
16 | attempted
use, or threatened use of physical force | ||||||
17 | against such intimate
partner or child that would | ||||||
18 | reasonably be expected to cause
bodily injury. | ||||||
19 | Any Firearm Owner's Identification Card and, if | ||||||
20 | applicable, a concealed carry license issued under the | ||||||
21 | Gun Safety and Responsibility Act in the
possession of | ||||||
22 | the respondent, except as provided in subsection (b), | ||||||
23 | shall be ordered by the court to be turned
over to the | ||||||
24 | local law enforcement agency. The local law | ||||||
25 | enforcement agency shall immediately mail the card , | ||||||
26 | license, or both to the Department of State Police |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card Office
for | ||||||
2 | safekeeping. The court shall
issue a warrant for | ||||||
3 | seizure of any firearm in the possession of the | ||||||
4 | respondent, to be kept by the local law enforcement | ||||||
5 | agency for safekeeping, except as provided in | ||||||
6 | subsection (b).
The local law enforcement agency shall | ||||||
7 | conduct a query with the Department of State Police | ||||||
8 | concerning registered assault weapons under this | ||||||
9 | amendatory Act of the 98th General Assembly. The period | ||||||
10 | of safekeeping shall be for the duration of the order | ||||||
11 | of protection. The firearm or firearms and Firearm | ||||||
12 | Owner's Identification Card, if unexpired, shall at | ||||||
13 | the respondent's request, be returned to the | ||||||
14 | respondent at the end
of the order of protection. It is | ||||||
15 | the respondent's responsibility to notify the | ||||||
16 | Department of State Police Firearm Owner's | ||||||
17 | Identification Card Office.
| ||||||
18 | (b) If the respondent is a peace officer as defined | ||||||
19 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
20 | shall order that any firearms used by the
respondent in | ||||||
21 | the performance of his or her duties as a
peace officer | ||||||
22 | be surrendered to
the chief law enforcement executive | ||||||
23 | of the agency in which the respondent is
employed, who | ||||||
24 | shall retain the firearms for safekeeping for the | ||||||
25 | duration of the order of protection.
| ||||||
26 | (c) Upon expiration of the period of safekeeping, |
| |||||||
| |||||||
1 | if the firearms or Firearm Owner's Identification Card | ||||||
2 | cannot be returned to respondent because respondent | ||||||
3 | cannot be located, fails to respond to requests to | ||||||
4 | retrieve the firearms, or is not lawfully eligible to | ||||||
5 | possess a firearm, upon petition from the local law | ||||||
6 | enforcement agency, the court may order the local law | ||||||
7 | enforcement agency to destroy the firearms, use the | ||||||
8 | firearms for training purposes, or for any other | ||||||
9 | application as deemed appropriate by the local law | ||||||
10 | enforcement agency; or that the firearms be turned over | ||||||
11 | to a third party who is lawfully eligible to possess | ||||||
12 | firearms, and who does not reside with respondent.
| ||||||
13 | (15) Prohibition of access to records. If an order of | ||||||
14 | protection
prohibits respondent from having contact with | ||||||
15 | the minor child,
or if petitioner's address is omitted | ||||||
16 | under subsection (b) of
Section 203, or if necessary to | ||||||
17 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
18 | child, the order shall deny respondent access to, and
| ||||||
19 | prohibit respondent from inspecting, obtaining, or | ||||||
20 | attempting to
inspect or obtain, school or any other | ||||||
21 | records of the minor child
who is in the care of | ||||||
22 | petitioner.
| ||||||
23 | (16) Order for payment of shelter services. Order | ||||||
24 | respondent to
reimburse a shelter providing temporary | ||||||
25 | housing and counseling services to
the petitioner for the | ||||||
26 | cost of the services, as certified by the shelter
and |
| |||||||
| |||||||
1 | deemed reasonable by the court.
| ||||||
2 | (17) Order for injunctive relief. Enter injunctive | ||||||
3 | relief necessary
or appropriate to prevent further abuse of | ||||||
4 | a family or household member
or further abuse, neglect, or | ||||||
5 | exploitation of a high-risk adult with
disabilities or to | ||||||
6 | effectuate one of the granted remedies, if supported by the
| ||||||
7 | balance of hardships. If the harm to be prevented by the | ||||||
8 | injunction is abuse
or any other harm that one of the | ||||||
9 | remedies listed in paragraphs (1) through
(16) of this | ||||||
10 | subsection is designed to prevent, no further evidence is
| ||||||
11 | necessary that the harm is an irreparable injury.
| ||||||
12 | (c) Relevant factors; findings.
| ||||||
13 | (1) In determining whether to grant a specific remedy, | ||||||
14 | other than
payment of support, the court shall consider
| ||||||
15 | relevant factors, including but not limited to the | ||||||
16 | following:
| ||||||
17 | (i) the nature, frequency, severity, pattern and | ||||||
18 | consequences of the
respondent's past abuse, neglect | ||||||
19 | or exploitation of the petitioner or
any family or | ||||||
20 | household member, including the concealment of his or | ||||||
21 | her
location in order to evade service of process or | ||||||
22 | notice, and the likelihood of
danger of future abuse, | ||||||
23 | neglect, or exploitation to petitioner or any member of
| ||||||
24 | petitioner's or respondent's family or household; and
| ||||||
25 | (ii) the danger that any minor child will be abused | ||||||
26 | or neglected or
improperly removed from the |
| |||||||
| |||||||
1 | jurisdiction, improperly concealed within the
State or | ||||||
2 | improperly separated from the child's primary | ||||||
3 | caretaker.
| ||||||
4 | (2) In comparing relative hardships resulting to the | ||||||
5 | parties from loss
of possession of the family home, the | ||||||
6 | court shall consider relevant
factors, including but not | ||||||
7 | limited to the following:
| ||||||
8 | (i) availability, accessibility, cost, safety, | ||||||
9 | adequacy, location and
other characteristics of | ||||||
10 | alternate housing for each party and any minor child
or | ||||||
11 | dependent adult in the party's care;
| ||||||
12 | (ii) the effect on the party's employment; and
| ||||||
13 | (iii) the effect on the relationship of the party, | ||||||
14 | and any minor
child or dependent adult in the party's | ||||||
15 | care, to family, school, church
and community.
| ||||||
16 | (3) Subject to the exceptions set forth in paragraph | ||||||
17 | (4) of this
subsection, the court shall make its findings | ||||||
18 | in an official record or in
writing, and shall at a minimum | ||||||
19 | set forth the following:
| ||||||
20 | (i) That the court has considered the applicable | ||||||
21 | relevant factors
described in paragraphs (1) and (2) of | ||||||
22 | this subsection.
| ||||||
23 | (ii) Whether the conduct or actions of respondent, | ||||||
24 | unless
prohibited, will likely cause irreparable harm | ||||||
25 | or continued abuse.
| ||||||
26 | (iii) Whether it is necessary to grant the |
| |||||||
| |||||||
1 | requested relief in order
to protect petitioner or | ||||||
2 | other alleged abused persons.
| ||||||
3 | (4) For purposes of issuing an ex parte emergency order | ||||||
4 | of protection,
the court, as an alternative to or as a | ||||||
5 | supplement to making the findings
described in paragraphs | ||||||
6 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
7 | the following procedure:
| ||||||
8 | When a verified petition for an emergency order of | ||||||
9 | protection in
accordance with the requirements of Sections | ||||||
10 | 203 and 217 is
presented to the court, the court shall | ||||||
11 | examine petitioner on oath or
affirmation. An emergency | ||||||
12 | order of protection shall be issued by the court
if it | ||||||
13 | appears from the contents of the petition and the | ||||||
14 | examination of
petitioner that the averments are | ||||||
15 | sufficient to indicate abuse by
respondent and to support | ||||||
16 | the granting of relief under the issuance of the
emergency | ||||||
17 | order of protection.
| ||||||
18 | (5) Never married parties. No rights or | ||||||
19 | responsibilities for a minor
child born outside of marriage | ||||||
20 | attach to a putative father until a father and
child | ||||||
21 | relationship has been established under the Illinois | ||||||
22 | Parentage Act of
1984, the Illinois Public Aid Code, | ||||||
23 | Section 12 of the Vital Records Act, the
Juvenile Court Act | ||||||
24 | of 1987, the Probate Act of 1985, the Revised Uniform
| ||||||
25 | Reciprocal Enforcement of Support Act, the Uniform | ||||||
26 | Interstate Family Support
Act, the Expedited Child Support |
| |||||||
| |||||||
1 | Act of 1990, any judicial, administrative, or
other act of | ||||||
2 | another state or territory, any other Illinois statute, or | ||||||
3 | by any
foreign nation establishing the father and child | ||||||
4 | relationship, any other
proceeding substantially in | ||||||
5 | conformity with the Personal Responsibility and
Work | ||||||
6 | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||||||
7 | or where both
parties appeared in open court or at an | ||||||
8 | administrative hearing acknowledging
under
oath or | ||||||
9 | admitting by affirmation the existence of a father and | ||||||
10 | child
relationship.
Absent such an adjudication, finding, | ||||||
11 | or acknowledgement, no putative
father shall be granted
| ||||||
12 | temporary custody of the minor child, visitation with the | ||||||
13 | minor child, or
physical care and possession of the minor | ||||||
14 | child, nor shall an order of payment
for support of the | ||||||
15 | minor child be entered.
| ||||||
16 | (d) Balance of hardships; findings. If the court finds that | ||||||
17 | the balance
of hardships does not support the granting of a | ||||||
18 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
19 | subsection (b) of this Section,
which may require such | ||||||
20 | balancing, the court's findings shall so
indicate and shall | ||||||
21 | include a finding as to whether granting the remedy will
result | ||||||
22 | in hardship to respondent that would substantially outweigh the | ||||||
23 | hardship
to petitioner from denial of the remedy. The findings | ||||||
24 | shall be an official
record or in writing.
| ||||||
25 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
26 | based, in
whole or in part, on evidence that:
|
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1 | (1) Respondent has cause for any use of force, unless | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | that cause
satisfies the standards for justifiable use of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | force provided by Article
7 of the Criminal Code of 2012;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (2) Respondent was voluntarily intoxicated;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (3) Petitioner acted in self-defense or defense of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | another, provided
that, if petitioner utilized force, such | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | force was justifiable under
Article 7 of the Criminal Code | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | of 2012;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (4) Petitioner did not act in self-defense or defense | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | of another;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (5) Petitioner left the residence or household to avoid | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | further abuse,
neglect, or exploitation by respondent;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (6) Petitioner did not leave the residence or household | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | to avoid further
abuse, neglect, or exploitation by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | respondent;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (7) Conduct by any family or household member excused | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the abuse,
neglect, or exploitation by respondent, unless | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | that same conduct would have
excused such abuse, neglect, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | or exploitation if the parties had not been
family or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | household members.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||