| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning correctional officers.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Section 24-2 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/24-2)
| ||||||||||||||||||||||||||
7 | Sec. 24-2. Exemptions.
| ||||||||||||||||||||||||||
8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||||||||||||||||||||||
9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||||||||||||||||||||||
10 | the following:
| ||||||||||||||||||||||||||
11 | (1) Peace officers, and any person summoned by a peace | ||||||||||||||||||||||||||
12 | officer to
assist in making arrests or preserving the | ||||||||||||||||||||||||||
13 | peace, while actually engaged in
assisting such officer.
| ||||||||||||||||||||||||||
14 | (2) Wardens, superintendents and keepers of prisons,
| ||||||||||||||||||||||||||
15 | penitentiaries, jails and other institutions for the | ||||||||||||||||||||||||||
16 | detention of persons
accused or convicted of an offense, | ||||||||||||||||||||||||||
17 | while in the performance of their
official duty, or while | ||||||||||||||||||||||||||
18 | commuting between their homes and places of employment.
| ||||||||||||||||||||||||||
19 | (3) Members of the Armed Services or Reserve Forces of | ||||||||||||||||||||||||||
20 | the United States
or the Illinois National Guard or the | ||||||||||||||||||||||||||
21 | Reserve Officers Training Corps,
while in the performance | ||||||||||||||||||||||||||
22 | of their official duty.
| ||||||||||||||||||||||||||
23 | (4) Special agents employed by a railroad or a public |
| |||||||
| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance of | ||||||
3 | the duties of their employment or
commuting between their | ||||||
4 | homes and places of employment; and watchmen
while actually | ||||||
5 | engaged in the performance of the duties of their | ||||||
6 | employment.
| ||||||
7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by an agency
certified by the Department of | ||||||
10 | Financial and Professional Regulation, if their duties
| ||||||
11 | include the carrying of a weapon under the provisions of | ||||||
12 | the Private
Detective, Private Alarm,
Private Security, | ||||||
13 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
14 | actually
engaged in the performance of the duties of their | ||||||
15 | employment or commuting
between their homes and places of | ||||||
16 | employment, provided that such commuting
is accomplished | ||||||
17 | within one hour from departure from home or place of
| ||||||
18 | employment, as the case may be. A person shall be | ||||||
19 | considered eligible for this
exemption if he or she has | ||||||
20 | completed the required 20
hours of training for a private | ||||||
21 | security contractor, private
detective, or private alarm | ||||||
22 | contractor, or employee of a licensed agency and 20 hours | ||||||
23 | of required firearm
training, and has been issued a firearm | ||||||
24 | control card by
the Department of Financial and | ||||||
25 | Professional Regulation. Conditions for the renewal of
| ||||||
26 | firearm control cards issued under the provisions of this |
| |||||||
| |||||||
1 | Section
shall be the same as for those cards issued under | ||||||
2 | the provisions of the
Private Detective, Private Alarm,
| ||||||
3 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
4 | 2004. The
firearm control card shall be carried by the | ||||||
5 | private security contractor, private
detective, or private | ||||||
6 | alarm contractor, or employee of the licensed agency at all
| ||||||
7 | times when he or she is in possession of a concealable | ||||||
8 | weapon.
| ||||||
9 | (6) Any person regularly employed in a commercial or | ||||||
10 | industrial
operation as a security guard for the protection | ||||||
11 | of persons employed
and private property related to such | ||||||
12 | commercial or industrial
operation, while actually engaged | ||||||
13 | in the performance of his or her
duty or traveling between | ||||||
14 | sites or properties belonging to the
employer, and who, as | ||||||
15 | a security guard, is a member of a security force of
at | ||||||
16 | least 5 persons registered with the Department of Financial | ||||||
17 | and Professional
Regulation; provided that such security | ||||||
18 | guard has successfully completed a
course of study, | ||||||
19 | approved by and supervised by the Department of
Financial | ||||||
20 | and Professional Regulation, consisting of not less than 40 | ||||||
21 | hours of training
that includes the theory of law | ||||||
22 | enforcement, liability for acts, and the
handling of | ||||||
23 | weapons. A person shall be considered eligible for this
| ||||||
24 | exemption if he or she has completed the required 20
hours | ||||||
25 | of training for a security officer and 20 hours of required | ||||||
26 | firearm
training, and has been issued a firearm control |
| |||||||
| |||||||
1 | card by
the Department of Financial and Professional | ||||||
2 | Regulation. Conditions for the renewal of
firearm control | ||||||
3 | cards issued under the provisions of this Section
shall be | ||||||
4 | the same as for those cards issued under the provisions of | ||||||
5 | the
Private Detective, Private Alarm,
Private Security, | ||||||
6 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
7 | control card shall be carried by the security guard at all
| ||||||
8 | times when he or she is in possession of a concealable | ||||||
9 | weapon.
| ||||||
10 | (7) Agents and investigators of the Illinois | ||||||
11 | Legislative Investigating
Commission authorized by the | ||||||
12 | Commission to carry the weapons specified in
subsections | ||||||
13 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
14 | any investigation for the Commission.
| ||||||
15 | (8) Persons employed by a financial institution for the | ||||||
16 | protection of
other employees and property related to such | ||||||
17 | financial institution, while
actually engaged in the | ||||||
18 | performance of their duties, commuting between
their homes | ||||||
19 | and places of employment, or traveling between sites or
| ||||||
20 | properties owned or operated by such financial | ||||||
21 | institution, provided that
any person so employed has | ||||||
22 | successfully completed a course of study,
approved by and | ||||||
23 | supervised by the Department of Financial and Professional | ||||||
24 | Regulation,
consisting of not less than 40 hours of | ||||||
25 | training which includes theory of
law enforcement, | ||||||
26 | liability for acts, and the handling of weapons.
A person |
| |||||||
| |||||||
1 | shall be considered to be eligible for this exemption if he | ||||||
2 | or
she has completed the required 20 hours of training for | ||||||
3 | a security officer
and 20 hours of required firearm | ||||||
4 | training, and has been issued a
firearm control card by the | ||||||
5 | Department of Financial and Professional Regulation.
| ||||||
6 | Conditions for renewal of firearm control cards issued | ||||||
7 | under the
provisions of this Section shall be the same as | ||||||
8 | for those issued under the
provisions of the Private | ||||||
9 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
10 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
11 | card shall be carried by the person so
trained at all times | ||||||
12 | when such person is in possession of a concealable
weapon. | ||||||
13 | For purposes of this subsection, "financial institution" | ||||||
14 | means a
bank, savings and loan association, credit union or | ||||||
15 | company providing
armored car services.
| ||||||
16 | (9) Any person employed by an armored car company to | ||||||
17 | drive an armored
car, while actually engaged in the | ||||||
18 | performance of his duties.
| ||||||
19 | (10) Persons who have been classified as peace officers | ||||||
20 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
21 | (11) Investigators of the Office of the State's | ||||||
22 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
23 | governors of the Office of the
State's Attorneys Appellate | ||||||
24 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
25 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
26 | (12) Special investigators appointed by a State's |
| |||||||
| |||||||
1 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
2 | (12.5) Probation officers while in the performance of | ||||||
3 | their duties, or
while commuting between their homes, | ||||||
4 | places of employment or specific locations
that are part of | ||||||
5 | their assigned duties, with the consent of the chief judge | ||||||
6 | of
the circuit for which they are employed, if they have | ||||||
7 | received weapons training according
to requirements of the | ||||||
8 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
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 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
23 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
24 | or handgun and the person has been issued a currently valid | ||||||
25 | license under the Firearm Concealed Carry Act at the time of | ||||||
26 | the commission of the offense. |
| |||||||
| |||||||
1 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
2 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
3 | (1) Members of any club or organization organized for | ||||||
4 | the purpose of
practicing shooting at targets upon | ||||||
5 | established target ranges, whether
public or private, and | ||||||
6 | patrons of such ranges, while such members
or patrons are | ||||||
7 | using their firearms on those target ranges.
| ||||||
8 | (2) Duly authorized military or civil organizations | ||||||
9 | while parading,
with the special permission of the | ||||||
10 | Governor.
| ||||||
11 | (3) Hunters, trappers or fishermen with a license or
| ||||||
12 | permit while engaged in hunting,
trapping or fishing.
| ||||||
13 | (4) Transportation of weapons that are broken down in a
| ||||||
14 | non-functioning state or are not immediately accessible.
| ||||||
15 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
16 | gun or taser or other firearm on the land or in the legal | ||||||
17 | dwelling of another person as an invitee with that person's | ||||||
18 | permission. | ||||||
19 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
20 | of the
following:
| ||||||
21 | (1) Peace officers while in performance of their | ||||||
22 | official duties.
| ||||||
23 | (2) Wardens, superintendents and keepers of prisons, | ||||||
24 | penitentiaries,
jails and other institutions for the | ||||||
25 | detention of persons accused or
convicted of an offense.
| ||||||
26 | (3) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States
or the Illinois National Guard, while in | ||||||
2 | the performance of their official
duty.
| ||||||
3 | (4) Manufacture, transportation, or sale of machine | ||||||
4 | guns to persons
authorized under subdivisions (1) through | ||||||
5 | (3) of this subsection to
possess machine guns, if the | ||||||
6 | machine guns are broken down in a
non-functioning state or | ||||||
7 | are not immediately accessible.
| ||||||
8 | (5) Persons licensed under federal law to manufacture | ||||||
9 | any weapon from
which 8 or more shots or bullets can be | ||||||
10 | discharged by a
single function of the firing device, or | ||||||
11 | ammunition for such weapons, and
actually engaged in the | ||||||
12 | business of manufacturing such weapons or
ammunition, but | ||||||
13 | only with respect to activities which are within the lawful
| ||||||
14 | scope of such business, such as the manufacture, | ||||||
15 | transportation, or testing
of such weapons or ammunition. | ||||||
16 | This exemption does not authorize the
general private | ||||||
17 | possession of any weapon from which 8 or more
shots or | ||||||
18 | bullets can be discharged by a single function of the | ||||||
19 | firing
device, but only such possession and activities as | ||||||
20 | are within the lawful
scope of a licensed manufacturing | ||||||
21 | business described in this paragraph.
| ||||||
22 | During transportation, such weapons shall be broken | ||||||
23 | down in a
non-functioning state or not immediately | ||||||
24 | accessible.
| ||||||
25 | (6) The manufacture, transport, testing, delivery, | ||||||
26 | transfer or sale,
and all lawful commercial or experimental |
| |||||||
| |||||||
1 | activities necessary thereto, of
rifles, shotguns, and | ||||||
2 | weapons made from rifles or shotguns,
or ammunition for | ||||||
3 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
4 | person operating as a contractor or subcontractor pursuant | ||||||
5 | to a
contract or subcontract for the development and supply | ||||||
6 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
7 | United States government or any
branch of the Armed Forces | ||||||
8 | of the United States, when such activities are
necessary | ||||||
9 | and incident to fulfilling the terms of such contract.
| ||||||
10 | The exemption granted under this subdivision (c)(6)
| ||||||
11 | shall also apply to any authorized agent of any such | ||||||
12 | contractor or
subcontractor who is operating within the | ||||||
13 | scope of his employment, where
such activities involving | ||||||
14 | such weapon, weapons or ammunition are necessary
and | ||||||
15 | incident to fulfilling the terms of such contract.
| ||||||
16 | (7) A person possessing a rifle with a barrel or | ||||||
17 | barrels less than 16 inches in length if: (A) the person | ||||||
18 | has been issued a Curios and Relics license from the U.S. | ||||||
19 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
20 | the person is an active member of a bona fide, nationally | ||||||
21 | recognized military re-enacting group and the modification | ||||||
22 | is required and necessary to accurately portray the weapon | ||||||
23 | for historical re-enactment purposes; the re-enactor is in | ||||||
24 | possession of a valid and current re-enacting group | ||||||
25 | membership credential; and the overall length of the weapon | ||||||
26 | as modified is not less than 26 inches. |
| |||||||
| |||||||
1 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
2 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
3 | officer.
| ||||||
4 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
5 | manager or
authorized employee of any place specified in that | ||||||
6 | subsection nor to any
law enforcement officer.
| ||||||
7 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
8 | Section 24-1.6
do not apply
to members of any club or | ||||||
9 | organization organized for the purpose of practicing
shooting | ||||||
10 | at targets upon established target ranges, whether public or | ||||||
11 | private,
while using their firearms on those target ranges.
| ||||||
12 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
13 | to:
| ||||||
14 | (1) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United
States or the Illinois National Guard, while in | ||||||
16 | the performance of their
official duty.
| ||||||
17 | (2) Bonafide collectors of antique or surplus military | ||||||
18 | ordinance.
| ||||||
19 | (3) Laboratories having a department of forensic | ||||||
20 | ballistics, or
specializing in the development of | ||||||
21 | ammunition or explosive ordinance.
| ||||||
22 | (4) Commerce, preparation, assembly or possession of | ||||||
23 | explosive
bullets by manufacturers of ammunition licensed | ||||||
24 | by the federal government,
in connection with the supply of | ||||||
25 | those organizations and persons exempted
by subdivision | ||||||
26 | (g)(1) of this Section, or like organizations and persons
|
| |||||||
| |||||||
1 | outside this State, or the transportation of explosive | ||||||
2 | bullets to any
organization or person exempted in this | ||||||
3 | Section by a common carrier or by a
vehicle owned or leased | ||||||
4 | by an exempted manufacturer.
| ||||||
5 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
6 | persons licensed
under federal law to manufacture any device or | ||||||
7 | attachment of any kind designed,
used, or intended for use in | ||||||
8 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
9 | for those firearms equipped with those devices, and actually | ||||||
10 | engaged in the
business of manufacturing those devices, | ||||||
11 | firearms, or ammunition, but only with
respect to
activities | ||||||
12 | that are within the lawful scope of that business, such as the
| ||||||
13 | manufacture, transportation, or testing of those devices, | ||||||
14 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
15 | general private possession of any device or
attachment of any | ||||||
16 | kind designed, used, or intended for use in silencing the
| ||||||
17 | report of any firearm, but only such possession and activities | ||||||
18 | as are within
the
lawful scope of a licensed manufacturing | ||||||
19 | business described in this subsection
(g-5). During | ||||||
20 | transportation, these devices shall be detached from any weapon
| ||||||
21 | or
not immediately accessible.
| ||||||
22 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
23 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
24 | supervisor who meets the qualifications and conditions | ||||||
25 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
2 | officer while serving as a member of a tactical response team | ||||||
3 | or special operations team. A peace officer may not personally | ||||||
4 | own or apply for ownership of a device or attachment of any | ||||||
5 | kind designed, used, or intended for use in silencing the | ||||||
6 | report of any firearm. These devices shall be owned and | ||||||
7 | maintained by lawfully recognized units of government whose | ||||||
8 | duties include the investigation of criminal acts. | ||||||
9 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
10 | 24-1.6 do not apply to
or affect any currently employed or | ||||||
11 | retired State correctional officer who meets the | ||||||
12 | qualifications and conditions prescribed in Section 3-2-12 of | ||||||
13 | the Unified Code of Corrections. | ||||||
14 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
15 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
16 | athlete's possession, transport on official Olympic and | ||||||
17 | Paralympic transit systems established for athletes, or use of | ||||||
18 | competition firearms sanctioned by the International Olympic | ||||||
19 | Committee, the International Paralympic Committee, the | ||||||
20 | International Shooting Sport Federation, or USA Shooting in | ||||||
21 | connection with such athlete's training for and participation | ||||||
22 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
23 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
24 | and Paralympic Games. | ||||||
25 | (h) An information or indictment based upon a violation of | ||||||
26 | any
subsection of this Article need not negative any exemptions |
| |||||||
| |||||||
1 | contained in
this Article. The defendant shall have the burden | ||||||
2 | of proving such an
exemption.
| ||||||
3 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
4 | affect
the transportation, carrying, or possession, of any | ||||||
5 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
6 | to a common carrier operating
under license of the State of | ||||||
7 | Illinois or the federal government, where
such transportation, | ||||||
8 | carrying, or possession is incident to the lawful
| ||||||
9 | transportation in which such common carrier is engaged; and | ||||||
10 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
11 | transportation, carrying,
or possession of any pistol, | ||||||
12 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
13 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
14 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
15 | carrying box, shipping box, or other container, by the | ||||||
16 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
17 | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
18 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
19 | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .) | ||||||
20 | Section 10. The Unified Code of Corrections is amended by | ||||||
21 | adding Section 3-2-12 as follows: | ||||||
22 | (730 ILCS 5/3-2-12 new) | ||||||
23 | Sec. 3-2-12. State correctional officers; off-duty | ||||||
24 | firearms. |
| |||||||
| |||||||
1 | (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
2 | 24-1.6 of the Criminal Code of 2012 do not apply to currently | ||||||
3 | employed or retired State correctional officers who meet the | ||||||
4 | following conditions: | ||||||
5 | (1) The currently employed or retired State | ||||||
6 | correctional officer must receive
training in the use of | ||||||
7 | firearms while off duty conducted by the Illinois Law | ||||||
8 | Enforcement Training Standards Board and be certified as | ||||||
9 | having successfully completing the training by the Board. | ||||||
10 | The Board shall determine the amount of the training and | ||||||
11 | the course content for the training. The currently employed | ||||||
12 | or retired State correctional officer shall requalify for | ||||||
13 | the firearms training annually at a State range certified | ||||||
14 | by the Illinois Law Enforcement Training Standards Board. | ||||||
15 | The expenses of the retraining shall be paid by the | ||||||
16 | currently employed or retired State correctional officer | ||||||
17 | and moneys for the costs of the requalification shall be | ||||||
18 | expended at the request of the Illinois Law Enforcement | ||||||
19 | Training Standards Board. | ||||||
20 | (2) The currently employed or retired State | ||||||
21 | correctional officer shall purchase
the firearm at his or | ||||||
22 | her own expense and shall register the firearm with the | ||||||
23 | Illinois Department of State Police and with any other | ||||||
24 | local law enforcement agencies that require the | ||||||
25 | registration. | ||||||
26 | (3) The currently employed or retired State |
| |||||||
| |||||||
1 | correctional officer may not carry
any Illinois Department | ||||||
2 | of Corrections or Department of Juvenile Justice | ||||||
3 | State-issued firearm while off duty. A person who violates | ||||||
4 | this paragraph (3) is subject to disciplinary action by the | ||||||
5 | Illinois Department of Corrections or the Department of | ||||||
6 | Juvenile Justice. | ||||||
7 | (4) State correctional officers who are or were | ||||||
8 | discharged from
employment by the Illinois Department of | ||||||
9 | Corrections or the Department of Juvenile Justice shall no | ||||||
10 | longer be considered law enforcement officials and all | ||||||
11 | their rights as law enforcement officials shall be revoked | ||||||
12 | permanently. | ||||||
13 | (b) For the purposes of this Section, "State correctional | ||||||
14 | officer" means an employee of the Department of Corrections or | ||||||
15 | the Department of Juvenile Justice who has custody and control | ||||||
16 | over inmates in an adult or juvenile correctional facility.
|