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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||||||||||||||||||||
5 | changing Section 7.5 as follows: | ||||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | ||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions Exemptions . To the extent | ||||||||||||||||||||||||
8 | provided for by the statutes referenced below, the following | ||||||||||||||||||||||||
9 | shall be exempt from inspection and copying: | ||||||||||||||||||||||||
10 | (a) All information determined to be confidential | ||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | ||||||||||||||||||||||||
12 | Development Act. | ||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | ||||||||||||||||||||||||
14 | library users with specific materials under the Library | ||||||||||||||||||||||||
15 | Records Confidentiality Act. | ||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | ||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | ||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | ||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | ||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | ||||||||||||||||||||||||
21 | has received. | ||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | ||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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| |||||||
1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
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| |||||||
1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
| |||||||
| |||||||
1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
| ||||||
10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Accountability and | ||||||
21 | Portability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act before the | ||||||
3 | effective date of this amendatory Act of the 99th General | ||||||
4 | Assembly or applied for or received a concealed carry | ||||||
5 | license under the Firearm Concealed Carry Act, unless | ||||||
6 | otherwise authorized by the Firearm Concealed Carry Act; | ||||||
7 | and databases under the Firearm Concealed Carry Act, | ||||||
8 | records of the Concealed Carry Licensing Review Board under | ||||||
9 | the Firearm Concealed Carry Act, and law enforcement agency | ||||||
10 | objections under the Firearm Concealed Carry Act. | ||||||
11 | (w) Personally identifiable information which is | ||||||
12 | exempted from disclosure under subsection (g) of Section | ||||||
13 | 19.1 of the Toll Highway Act. | ||||||
14 | (x) Information which is exempted from disclosure | ||||||
15 | under Section 5-1014.3 of the Counties Code or Section | ||||||
16 | 8-11-21 of the Illinois Municipal Code. | ||||||
17 | (y) Confidential information under the Adult | ||||||
18 | Protective Services Act and its predecessor enabling | ||||||
19 | statute, the Elder Abuse and Neglect Act, including | ||||||
20 | information about the identity and administrative finding | ||||||
21 | against any caregiver of a verified and substantiated | ||||||
22 | decision of abuse, neglect, or financial exploitation of an | ||||||
23 | eligible adult maintained in the Registry established | ||||||
24 | under Section 7.5 of the Adult Protective Services Act . | ||||||
25 | (z) Records and information provided to a fatality | ||||||
26 | review team or the Illinois Fatality Review Team Advisory |
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| |||||||
1 | Council under Section 15 of the Adult Protective Services | ||||||
2 | Act. | ||||||
3 | (aa) Information which is exempted from disclosure | ||||||
4 | under Section 2.37 of the Wildlife Code. | ||||||
5 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
6 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
7 | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | ||||||
8 | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.) | ||||||
9 | Section 10. The Department of State Police Law of the
Civil | ||||||
10 | Administrative Code of Illinois is amended by changing Sections | ||||||
11 | 2605-45, 2605-300, and 2605-595 as follows:
| ||||||
12 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
13 | Sec. 2605-45. Division of Administration. The Division of
| ||||||
14 | Administration shall exercise the
following functions:
| ||||||
15 | (1) Exercise the rights, powers, and duties vested in | ||||||
16 | the
Department
by the
Governor's Office of Management and | ||||||
17 | Budget Act.
| ||||||
18 | (2) Pursue research and the publication of studies | ||||||
19 | pertaining
to local
law enforcement activities.
| ||||||
20 | (3) Exercise the rights, powers, and duties vested in | ||||||
21 | the
Department
by the Personnel Code.
| ||||||
22 | (4) Operate an electronic data processing and computer | ||||||
23 | center
for the
storage and retrieval of data pertaining to | ||||||
24 | criminal activity.
|
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| |||||||
1 | (5) Exercise the rights, powers, and duties vested in
| ||||||
2 | the former Division of
State Troopers by Section 17 of the | ||||||
3 | State Police
Act.
| ||||||
4 | (6) Exercise the rights, powers, and duties vested in
| ||||||
5 | the Department
by "An Act relating to internal auditing in | ||||||
6 | State government", approved
August 11, 1967 (repealed; now | ||||||
7 | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| ||||||
8 | (6.5) (Blank). Exercise the rights, powers, and duties | ||||||
9 | vested in the Department
by the Firearm Owners | ||||||
10 | Identification Card Act.
| ||||||
11 | (7) Exercise other duties that may be assigned
by the | ||||||
12 | Director to
fulfill the responsibilities and achieve the | ||||||
13 | purposes of the Department.
| ||||||
14 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
15 | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| ||||||
16 | Sec. 2605-300. Records; crime laboratories; personnel. To | ||||||
17 | do
the
following:
| ||||||
18 | (1) Be a central repository and custodian of criminal
| ||||||
19 | statistics for the State.
| ||||||
20 | (2) Be a central repository for criminal history
record | ||||||
21 | information.
| ||||||
22 | (3) Procure and file for record information that is
| ||||||
23 | necessary and helpful to plan programs of crime prevention, | ||||||
24 | law
enforcement,
and criminal justice.
| ||||||
25 | (4) Procure and file for record copies of
fingerprints |
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1 | that may be required by law.
| ||||||
2 | (5) Establish general and field
crime laboratories.
| ||||||
3 | (6) Register and file for record information that
may | ||||||
4 | be required by law for the issuance of firearm owner's | ||||||
5 | identification
cards under the Firearm Owners | ||||||
6 | Identification Card Act and concealed carry licenses under | ||||||
7 | the Firearm Concealed Carry Act.
| ||||||
8 | (7) Employ polygraph operators, laboratory | ||||||
9 | technicians,
and
other
specially qualified persons to aid | ||||||
10 | in the identification of criminal
activity.
| ||||||
11 | (8) Undertake other identification, information,
| ||||||
12 | laboratory, statistical, or registration activities that | ||||||
13 | may be
required by law.
| ||||||
14 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
15 | (20 ILCS 2605/2605-595) | ||||||
16 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
17 | (a) There is created in the State treasury a special fund | ||||||
18 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
19 | receive revenue under the Firearm Concealed Carry Act and | ||||||
20 | Section 5 of the Firearm Owners Identification Card Act . The | ||||||
21 | Fund may also receive revenue from grants, pass-through grants, | ||||||
22 | donations, appropriations, and any other legal source. | ||||||
23 | (b) The Department of State Police may use moneys in the | ||||||
24 | Fund to finance any of its lawful purposes, mandates, | ||||||
25 | functions, and duties under the Firearm Owners Identification |
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| |||||||
1 | Card Act and the Firearm Concealed Carry Act, including the | ||||||
2 | cost of sending notices of expiration of Firearm Owner's | ||||||
3 | Identification Cards, concealed carry licenses, the prompt and | ||||||
4 | efficient processing of applications under the Firearm Owners | ||||||
5 | Identification Card Act and the Firearm Concealed Carry Act, | ||||||
6 | the improved efficiency and reporting of the LEADS and federal | ||||||
7 | NICS law enforcement data systems, and support for | ||||||
8 | investigations required under that Act these Acts and law. Any | ||||||
9 | surplus funds beyond what is needed to comply with the | ||||||
10 | aforementioned purposes shall be used by the Department to | ||||||
11 | improve the Law Enforcement Agencies Data System (LEADS) and | ||||||
12 | criminal history background check system. | ||||||
13 | (c) Investment income that is attributable to the | ||||||
14 | investment of moneys in the Fund shall be retained in the Fund | ||||||
15 | for the uses specified in this Section.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
17 | (20 ILCS 2605/2605-120 rep.)
| ||||||
18 | Section 15. The Department of State Police Law of the
Civil | ||||||
19 | Administrative Code of Illinois is amended by repealing Section | ||||||
20 | 2605-120. | ||||||
21 | Section 20. The Criminal Identification Act is amended by | ||||||
22 | changing Section 2.2 as follows: | ||||||
23 | (20 ILCS 2630/2.2) |
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| |||||||
1 | Sec. 2.2. Notification to the Department. Upon judgment of | ||||||
2 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
3 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
4 | Code of 2012 when the
defendant has been determined, pursuant | ||||||
5 | to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
| ||||||
6 | to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | ||||||
7 | circuit court clerk shall
include notification and a copy of | ||||||
8 | the written determination in a report
of the conviction to the | ||||||
9 | Department of State Police Firearm Owner's Identification Card | ||||||
10 | Office to
enable the Department office to perform its duties | ||||||
11 | under the Firearm Concealed Carry Act and Sections 4 and 8 of | ||||||
12 | the Firearm Owners Identification Card Act and to report that | ||||||
13 | determination to the Federal Bureau
of Investigation to assist | ||||||
14 | the Federal Bureau of Investigation in identifying persons | ||||||
15 | prohibited
from purchasing and possessing a firearm pursuant to | ||||||
16 | the provisions of
18 U.S.C. 922. The written determination | ||||||
17 | described in this Section shall be included in the defendant's | ||||||
18 | record of arrest and conviction in the manner and form | ||||||
19 | prescribed by the Department of State Police.
| ||||||
20 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
21 | Section 25. The State Finance Act is amended by changing | ||||||
22 | Section 6z-99 as follows: | ||||||
23 | (30 ILCS 105/6z-99) | ||||||
24 | Sec. 6z-99. The Mental Health Reporting Fund. |
| |||||||
| |||||||
1 | (a) There is created in the State treasury a special fund | ||||||
2 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
3 | receive revenue under the Firearm Concealed Carry Act. The Fund | ||||||
4 | may also receive revenue from grants, pass-through grants, | ||||||
5 | donations, appropriations, and any other legal source. | ||||||
6 | (b) The Department of State Police and Department of Human | ||||||
7 | Services shall coordinate to use moneys in the Fund to finance | ||||||
8 | their respective duties of collecting and reporting data on | ||||||
9 | mental health records and ensuring that mental health firearm | ||||||
10 | possession prohibitors are enforced as set forth under the | ||||||
11 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
12 | Identification Card Act . Any surplus in the Fund beyond what is | ||||||
13 | necessary to ensure compliance with mental health reporting | ||||||
14 | under that Act these Acts shall be used by the Department of | ||||||
15 | Human Services for mental health treatment programs. | ||||||
16 | (c) Investment income that is attributable to the | ||||||
17 | investment of moneys in the Fund shall be retained in the Fund | ||||||
18 | for the uses specified in this Section.
| ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
20 | Section 30. The Peace Officer Firearm Training Act is | ||||||
21 | amended by changing Section 1 as follows:
| ||||||
22 | (50 ILCS 710/1) (from Ch. 85, par. 515)
| ||||||
23 | Sec. 1. Definitions. As used in this Act: | ||||||
24 | (a) "Peace officer"
means (i) any person who by virtue of |
| |||||||
| |||||||
1 | his office or public employment is
vested by law with a primary | ||||||
2 | duty to maintain public order or to make
arrests for offenses, | ||||||
3 | whether that duty extends to all offenses or is
limited to | ||||||
4 | specific offenses, and who is employed in such capacity by any
| ||||||
5 | county or municipality or (ii) any retired law enforcement | ||||||
6 | officers qualified under federal law to carry a concealed | ||||||
7 | weapon. | ||||||
8 | (a-5) "Probation officer" means a county probation officer | ||||||
9 | authorized by the Chief Judge of the Circuit Court to carry a | ||||||
10 | firearm as part of his or her duties under Section 12 of the | ||||||
11 | Probation and Probation Officers Act and Section 24-2 of the | ||||||
12 | Criminal Code of 2012. | ||||||
13 | (b)
"Firearms" means any weapon or device defined as a | ||||||
14 | firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of | ||||||
15 | "An Act relating to the acquisition, possession and transfer of
| ||||||
16 | firearms and firearm ammunition, to provide a penalty for the | ||||||
17 | violation
thereof and to make an appropriation in connection | ||||||
18 | therewith", approved
August 3, 1967, as amended .
| ||||||
19 | (Source: P.A. 98-725, eff. 1-1-15 .)
| ||||||
20 | Section 35. The School Code is amended by changing Sections | ||||||
21 | 10-22.6, 10-27.1A and 34-8.05 as follows:
| ||||||
22 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||||||
23 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
24 | searches.
|
| |||||||
| |||||||
1 | (a) To expel pupils guilty of gross disobedience or | ||||||
2 | misconduct, including gross disobedience or misconduct | ||||||
3 | perpetuated by electronic means, and
no action shall lie | ||||||
4 | against them for such expulsion. Expulsion shall
take place | ||||||
5 | only after the parents have been requested to appear at a
| ||||||
6 | meeting of the board, or with a hearing officer appointed by | ||||||
7 | it, to
discuss their child's behavior. Such request shall be | ||||||
8 | made by registered
or certified mail and shall state the time, | ||||||
9 | place and purpose of the
meeting. The board, or a hearing | ||||||
10 | officer appointed by it, at such
meeting shall state the | ||||||
11 | reasons for dismissal and the date on which the
expulsion is to | ||||||
12 | become effective. If a hearing officer is appointed by
the | ||||||
13 | board he shall report to the board a written summary of the | ||||||
14 | evidence
heard at the meeting and the board may take such | ||||||
15 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
16 | be immediately transferred to an alternative program in the | ||||||
17 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
18 | must not be denied transfer because of the expulsion, except in | ||||||
19 | cases in which such transfer is deemed to cause a threat to the | ||||||
20 | safety of students or staff in the alternative program.
| ||||||
21 | (b) To suspend or by policy to authorize the superintendent | ||||||
22 | of
the district or the principal, assistant principal, or dean | ||||||
23 | of students
of any school to suspend pupils guilty of gross | ||||||
24 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
25 | gross disobedience or misconduct on the school bus
from riding | ||||||
26 | the school bus, and no action
shall lie against them for such |
| |||||||
| |||||||
1 | suspension. The board may by policy
authorize the | ||||||
2 | superintendent of the district or the principal, assistant
| ||||||
3 | principal, or dean of students of any
school to suspend pupils | ||||||
4 | guilty of such acts for a period not to exceed
10 school days. | ||||||
5 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
6 | on a school bus, the board may suspend the pupil in excess of | ||||||
7 | 10
school
days for safety reasons. Any suspension shall be | ||||||
8 | reported immediately to the
parents or guardian of such pupil | ||||||
9 | along with a full statement of the
reasons for such suspension | ||||||
10 | and a notice of their right to a review. The school board must | ||||||
11 | be given a summary of the notice, including the reason for the | ||||||
12 | suspension and the suspension length. Upon request of the
| ||||||
13 | parents or guardian the school board or a hearing officer | ||||||
14 | appointed by
it shall review such action of the superintendent | ||||||
15 | or principal, assistant
principal, or dean of students. At such
| ||||||
16 | review the parents or guardian of the pupil may appear and | ||||||
17 | discuss the
suspension with the board or its hearing officer. | ||||||
18 | If a hearing officer
is appointed by the board he shall report | ||||||
19 | to the board a written summary
of the evidence heard at the | ||||||
20 | meeting. After its hearing or upon receipt
of the written | ||||||
21 | report of its hearing officer, the board may take such
action | ||||||
22 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
23 | 20 school days may be immediately transferred to an alternative | ||||||
24 | program in the manner provided in Article 13A or 13B of this | ||||||
25 | Code. A pupil must not be denied transfer because of the | ||||||
26 | suspension, except in cases in which such transfer is deemed to |
| |||||||
| |||||||
1 | cause a threat to the safety of students or staff in the | ||||||
2 | alternative program.
| ||||||
3 | (c) The Department of Human Services
shall be invited to | ||||||
4 | send a representative to consult with the board at
such meeting | ||||||
5 | whenever there is evidence that mental illness may be the
cause | ||||||
6 | for expulsion or suspension.
| ||||||
7 | (d) The board may expel a student for a definite period of | ||||||
8 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
9 | case basis.
A student who
is determined to have brought one of | ||||||
10 | the following objects to school, any school-sponsored activity
| ||||||
11 | or event, or any activity or event that bears a reasonable | ||||||
12 | relationship to school shall be expelled for a period of not | ||||||
13 | less than
one year: | ||||||
14 | (1) A firearm. For the purposes of this Section, | ||||||
15 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
16 | by Section 921 of Title 18 of the United States Code, | ||||||
17 | firearm as defined in Section 2-7.5 1.1 of the Firearm | ||||||
18 | Owners Identification Card Act, or firearm as defined in | ||||||
19 | Section 24-1 of the Criminal Code of 2012. The expulsion | ||||||
20 | period under this subdivision (1) may be modified by the | ||||||
21 | superintendent, and the superintendent's determination may | ||||||
22 | be modified by the board on a case-by-case basis. | ||||||
23 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
24 | regardless of its composition, a billy club, or any other | ||||||
25 | object if used or attempted to be used to cause bodily | ||||||
26 | harm, including "look alikes" of any firearm as defined in |
| |||||||
| |||||||
1 | subdivision (1) of this subsection (d). The expulsion | ||||||
2 | requirement under this subdivision (2) may be modified by | ||||||
3 | the superintendent, and the superintendent's determination | ||||||
4 | may be modified by the board on a case-by-case basis. | ||||||
5 | Expulsion
or suspension
shall be construed in a
manner | ||||||
6 | consistent with the Federal Individuals with Disabilities | ||||||
7 | Education
Act. A student who is subject to suspension or | ||||||
8 | expulsion as provided in this
Section may be eligible for a | ||||||
9 | transfer to an alternative school program in
accordance with | ||||||
10 | Article 13A of the School Code. The provisions of this
| ||||||
11 | subsection (d) apply in all school districts,
including special | ||||||
12 | charter districts and districts organized under Article 34.
| ||||||
13 | (d-5) The board may suspend or by regulation
authorize the | ||||||
14 | superintendent of the district or the principal, assistant
| ||||||
15 | principal, or dean of students of any
school to suspend a | ||||||
16 | student for a period not to exceed
10 school days or may expel | ||||||
17 | a student for a definite period of time not to
exceed 2 | ||||||
18 | calendar years, as determined on a case by case basis, if (i) | ||||||
19 | that student has been determined to have made an explicit | ||||||
20 | threat on an Internet website against a school employee, a | ||||||
21 | student, or any school-related personnel, (ii) the Internet | ||||||
22 | website through which the threat was made is a site that was | ||||||
23 | accessible within the school at the time the threat was made or | ||||||
24 | was available to third parties who worked or studied within the | ||||||
25 | school grounds at the time the threat was made, and (iii) the | ||||||
26 | threat could be reasonably interpreted as threatening to the |
| |||||||
| |||||||
1 | safety and security of the threatened individual because of his | ||||||
2 | or her duties or employment status or status as a student | ||||||
3 | inside the school. The provisions of this
subsection (d-5) | ||||||
4 | apply in all school districts,
including special charter | ||||||
5 | districts and districts organized under Article 34 of this | ||||||
6 | Code.
| ||||||
7 | (e) To maintain order and security in the schools, school | ||||||
8 | authorities may
inspect and search places and areas such as | ||||||
9 | lockers, desks, parking lots, and
other school property and | ||||||
10 | equipment owned or controlled by the school, as well
as | ||||||
11 | personal effects left in those places and areas by students, | ||||||
12 | without notice
to or the consent of the student, and without a | ||||||
13 | search warrant. As a matter of
public policy, the General | ||||||
14 | Assembly finds that students have no reasonable
expectation of | ||||||
15 | privacy in these places and areas or in their personal effects
| ||||||
16 | left in these places and areas. School authorities may request | ||||||
17 | the assistance
of law enforcement officials for the purpose of | ||||||
18 | conducting inspections and
searches of lockers, desks, parking | ||||||
19 | lots, and other school property and
equipment owned or | ||||||
20 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
21 | illegal or dangerous substances or materials, including | ||||||
22 | searches conducted
through the use of specially trained dogs. | ||||||
23 | If a search conducted in accordance
with this Section produces | ||||||
24 | evidence that the student has violated or is
violating either | ||||||
25 | the law, local ordinance, or the school's policies or rules,
| ||||||
26 | such evidence may be seized by school authorities, and |
| |||||||
| |||||||
1 | disciplinary action may
be taken. School authorities may also | ||||||
2 | turn over such evidence to law
enforcement authorities. The | ||||||
3 | provisions of this subsection (e) apply in all
school | ||||||
4 | districts, including special charter districts and districts | ||||||
5 | organized
under Article 34.
| ||||||
6 | (f) Suspension or expulsion may include suspension or | ||||||
7 | expulsion from
school and all school activities and a | ||||||
8 | prohibition from being present on school
grounds.
| ||||||
9 | (g) A school district may adopt a policy providing that if | ||||||
10 | a student
is suspended or expelled for any reason from any | ||||||
11 | public or private school
in this or any other state, the | ||||||
12 | student must complete the entire term of
the suspension or | ||||||
13 | expulsion in an alternative school program under Article 13A of | ||||||
14 | this Code or an alternative learning opportunities program | ||||||
15 | under Article 13B of this Code before being admitted into the | ||||||
16 | school
district if there is no threat to the safety of students | ||||||
17 | or staff in the alternative program. This subsection (g) | ||||||
18 | applies to
all school districts, including special charter | ||||||
19 | districts and districts
organized under Article 34 of this | ||||||
20 | Code.
| ||||||
21 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
22 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
23 | 97-1150, eff. 1-25-13.)
| ||||||
24 | (105 ILCS 5/10-27.1A)
| ||||||
25 | Sec. 10-27.1A. Firearms in schools.
|
| |||||||
| |||||||
1 | (a) All school officials, including teachers, guidance | ||||||
2 | counselors, and
support staff, shall immediately notify the | ||||||
3 | office of the principal in the
event that they observe any | ||||||
4 | person in possession of a firearm on school
grounds; provided | ||||||
5 | that taking such immediate action to notify the office of the
| ||||||
6 | principal would not immediately endanger the health, safety, or | ||||||
7 | welfare of
students who are under the direct supervision of the | ||||||
8 | school official or the
school official. If the health, safety, | ||||||
9 | or welfare of students under the
direct supervision of the | ||||||
10 | school official or of the school official is
immediately | ||||||
11 | endangered, the school official shall notify the office of the
| ||||||
12 | principal as soon as the students under his or her supervision | ||||||
13 | and he or she
are no longer under immediate danger. A report is | ||||||
14 | not required by this Section
when the school official knows | ||||||
15 | that the person in possession of the firearm is
a law | ||||||
16 | enforcement official engaged in the conduct of his or her | ||||||
17 | official
duties. Any school official acting in good faith who | ||||||
18 | makes such a report under
this Section shall have immunity from | ||||||
19 | any civil or criminal liability that
might otherwise be | ||||||
20 | incurred as a result of making the report. The identity of
the | ||||||
21 | school official making such report shall not be disclosed | ||||||
22 | except as
expressly and specifically authorized by law. | ||||||
23 | Knowingly and willfully failing
to comply with this Section is | ||||||
24 | a petty offense. A second or subsequent offense
is a Class C | ||||||
25 | misdemeanor.
| ||||||
26 | (b) Upon receiving a report from any school official |
| |||||||
| |||||||
1 | pursuant to this
Section, or from any other person, the | ||||||
2 | principal or his or her designee shall
immediately notify a | ||||||
3 | local law enforcement agency. If the person found to be
in | ||||||
4 | possession of a firearm on school grounds is a student, the | ||||||
5 | principal or
his or her designee shall also immediately notify | ||||||
6 | that student's parent or
guardian. Any principal or his or her | ||||||
7 | designee acting in good faith who makes
such reports under this | ||||||
8 | Section shall have immunity from any civil or criminal
| ||||||
9 | liability that might otherwise be incurred or imposed as a | ||||||
10 | result of making
the reports. Knowingly and willfully failing | ||||||
11 | to comply with this Section is a
petty offense. A second or | ||||||
12 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
13 | found to be in possession of the firearm on school grounds is a
| ||||||
14 | minor, the law enforcement agency shall detain that minor until | ||||||
15 | such time as
the agency makes a determination pursuant to | ||||||
16 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
17 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
18 | that the minor is delinquent. If the law enforcement
agency | ||||||
19 | determines that probable cause exists to believe that the minor
| ||||||
20 | committed a violation of item (4) of subsection (a) of Section | ||||||
21 | 24-1 of the
Criminal Code of 2012 while on school grounds, the | ||||||
22 | agency shall detain the
minor for processing pursuant to | ||||||
23 | Section 5-407 of the Juvenile Court Act of
1987.
| ||||||
24 | (c) On or after January 1, 1997, upon receipt of any | ||||||
25 | written,
electronic, or verbal report from any school personnel | ||||||
26 | regarding a verified
incident involving a firearm in a school |
| |||||||
| |||||||
1 | or on school owned or leased property,
including any conveyance | ||||||
2 | owned,
leased, or used by the school for the transport of | ||||||
3 | students or school
personnel, the superintendent or his or her | ||||||
4 | designee shall report all such
firearm-related incidents | ||||||
5 | occurring in a school or on school property to the
local law | ||||||
6 | enforcement authorities immediately and to the Department of | ||||||
7 | State
Police in a form, manner, and frequency as prescribed by | ||||||
8 | the Department of
State Police.
| ||||||
9 | The State Board of Education shall receive an annual | ||||||
10 | statistical compilation
and related data associated with | ||||||
11 | incidents involving firearms in schools from
the Department of | ||||||
12 | State Police. The State Board of Education shall compile
this | ||||||
13 | information by school district and make it available to the | ||||||
14 | public.
| ||||||
15 | (d) As used in this Section, the term "firearm" shall have | ||||||
16 | the meaning
ascribed to it in Section 2-7.5 of the Criminal | ||||||
17 | Code of 2012 1.1 of the Firearm Owners Identification Card Act .
| ||||||
18 | As used in this Section, the term "school" means any public | ||||||
19 | or private
elementary or secondary school.
| ||||||
20 | As used in this Section, the term "school grounds" includes | ||||||
21 | the real property
comprising any school, any conveyance owned, | ||||||
22 | leased, or contracted by a school
to transport students to or | ||||||
23 | from school or a school-related activity, or any
public way | ||||||
24 | within 1,000 feet of the real property comprising any school.
| ||||||
25 | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/34-8.05)
| ||||||
2 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
3 | January 1,
1997,
upon receipt of any written,
electronic, or | ||||||
4 | verbal report from any school personnel regarding a verified
| ||||||
5 | incident involving a firearm in a school or on school owned or | ||||||
6 | leased property,
including any conveyance owned,
leased, or | ||||||
7 | used by the school for the transport of students or school
| ||||||
8 | personnel, the general superintendent or his or her designee | ||||||
9 | shall report all
such
firearm-related incidents occurring in a | ||||||
10 | school or on school property to the
local law enforcement | ||||||
11 | authorities no later than 24 hours after the occurrence
of the | ||||||
12 | incident and to the Department of State Police in a form, | ||||||
13 | manner, and
frequency as prescribed by the Department of State | ||||||
14 | Police.
| ||||||
15 | The State Board of Education shall receive an annual | ||||||
16 | statistical compilation
and related data associated with | ||||||
17 | incidents involving firearms in schools from
the Department of | ||||||
18 | State Police. As used in this Section, the term "firearm"
shall | ||||||
19 | have the meaning ascribed to it in Section 2-7.5 of the | ||||||
20 | Criminal Code of 2012
1.1 of the Firearm Owners
Identification | ||||||
21 | Card Act .
| ||||||
22 | (Source: P.A. 89-498, eff. 6-27-96.)
| ||||||
23 | Section 40. The Illinois Explosives Act is amended by | ||||||
24 | changing Section 2005 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
2 | Sec. 2005. Qualifications for licensure. | ||||||
3 | (a) No person shall qualify to hold a license who: | ||||||
4 | (1) is under 21 years of age; | ||||||
5 | (2) has been convicted in any court of a crime | ||||||
6 | punishable by imprisonment for a term exceeding one year; | ||||||
7 | (3) is under indictment for a crime punishable by | ||||||
8 | imprisonment for a term exceeding one year; | ||||||
9 | (4) is a fugitive from justice; | ||||||
10 | (5) is an unlawful user of or addicted to any | ||||||
11 | controlled substance as defined in Section 102 of the | ||||||
12 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
13 | seq.); | ||||||
14 | (6) has been adjudicated a mentally disabled person as | ||||||
15 | defined in Section 6-103.1 of the Mental Health and | ||||||
16 | Developmental Disabilities Code 1.1 of the Firearm Owners | ||||||
17 | Identification Card Act ; or | ||||||
18 | (7) is not a legal citizen of the United States. | ||||||
19 | (b) A person who has been granted a "relief from | ||||||
20 | disabilities" regarding criminal convictions and indictments, | ||||||
21 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
22 | 845) may receive a license provided all other qualifications | ||||||
23 | under this Act are met.
| ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
25 | Section 45. The Private Detective, Private Alarm, Private |
| |||||||
| |||||||
1 | Security, and
Locksmith Act of 2004 is amended by changing | ||||||
2 | Sections 35-30 and 35-35 as follows:
| ||||||
3 | (225 ILCS 447/35-30)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
6 | licensed agency, other than those exempted, shall apply for a
| ||||||
7 | permanent employee registration card. The holder of an agency
| ||||||
8 | license issued under this Act, known in this Section as
| ||||||
9 | "employer", may employ in the conduct of his or her business
| ||||||
10 | employees under the following provisions:
| ||||||
11 | (a) No person shall be issued a permanent employee
| ||||||
12 | registration card who:
| ||||||
13 | (1) Is younger than 18 years of age.
| ||||||
14 | (2) Is younger than 21 years of age if the
services | ||||||
15 | will include being armed.
| ||||||
16 | (3) Has been determined by the Department to
be unfit | ||||||
17 | by reason of conviction of an offense in this or
another | ||||||
18 | state, including registration as a sex offender, but not | ||||||
19 | including a traffic offense. Persons convicted of felonies | ||||||
20 | involving bodily harm, weapons, violence, or theft within | ||||||
21 | the previous 10 years shall be presumed to be unfit for | ||||||
22 | registration. The Department
shall adopt rules for making | ||||||
23 | those determinations that shall
afford the applicant due | ||||||
24 | process of law.
| ||||||
25 | (4) Has had a license or permanent employee
|
| |||||||
| |||||||
1 | registration card denied, suspended, or revoked under this | ||||||
2 | Act (i) within one
year before the date the
person's | ||||||
3 | application for permanent employee registration card
is | ||||||
4 | received by the Department; and (ii) that refusal, denial,
| ||||||
5 | suspension, or revocation was based on any provision of | ||||||
6 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
7 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
8 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
9 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
10 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
11 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
12 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
13 | (5) Has been declared incompetent by any court
of | ||||||
14 | competent jurisdiction by reason of mental disease or
| ||||||
15 | defect and has not been restored.
| ||||||
16 | (6) Has been dishonorably discharged from the
armed | ||||||
17 | services of the United States.
| ||||||
18 | (b) No person may be employed by a private
detective | ||||||
19 | agency, private security contractor agency, private
alarm | ||||||
20 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
21 | agency under this
Section until he or she has executed and | ||||||
22 | furnished to the
employer, on forms furnished by the | ||||||
23 | Department, a verified
statement to be known as "Employee's | ||||||
24 | Statement" setting forth:
| ||||||
25 | (1) The person's full name, age, and residence
address.
| ||||||
26 | (2) The business or occupation engaged in for
the 5 |
| |||||||
| |||||||
1 | years immediately before the date of the execution of
the | ||||||
2 | statement, the place where the business or occupation was
| ||||||
3 | engaged in, and the names of employers, if any.
| ||||||
4 | (3) That the person has not had a license or
employee | ||||||
5 | registration denied, revoked, or suspended under this
Act | ||||||
6 | (i) within one year before the date the person's | ||||||
7 | application
for permanent employee registration card is | ||||||
8 | received by the
Department; and (ii) that refusal, denial, | ||||||
9 | suspension, or
revocation was based on any provision of | ||||||
10 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
11 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
12 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
13 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
14 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
15 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
16 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
17 | (4) Any conviction of a felony or misdemeanor.
| ||||||
18 | (5) Any declaration of incompetence by a court
of | ||||||
19 | competent jurisdiction that has not been restored.
| ||||||
20 | (6) Any dishonorable discharge from the armed
services | ||||||
21 | of the United States.
| ||||||
22 | (7) Any other information as may be required by
any | ||||||
23 | rule of the Department to show the good character,
| ||||||
24 | competency, and integrity of the person executing the
| ||||||
25 | statement.
| ||||||
26 | (c) Each applicant for a permanent employee registration
|
| |||||||
| |||||||
1 | card shall have his or her fingerprints submitted to the
| ||||||
2 | Department of State Police in an electronic format that
| ||||||
3 | complies with the form and manner for requesting and
furnishing | ||||||
4 | criminal history record information as prescribed
by the | ||||||
5 | Department of State Police. These fingerprints shall
be checked | ||||||
6 | against the Department of State Police and Federal
Bureau of | ||||||
7 | Investigation criminal history record databases now
and | ||||||
8 | hereafter filed. The Department of State Police shall
charge | ||||||
9 | applicants a fee for conducting the criminal history
records | ||||||
10 | check, which shall be deposited in the State Police
Services | ||||||
11 | Fund and shall not exceed the actual cost of the
records check. | ||||||
12 | The Department of State Police shall furnish,
pursuant to | ||||||
13 | positive identification, records of Illinois
convictions to | ||||||
14 | the Department. The Department may require
applicants to pay a | ||||||
15 | separate fingerprinting fee, either to the
Department or | ||||||
16 | directly to the vendor. The Department, in
its discretion, may | ||||||
17 | allow an applicant who does not have
reasonable access to a | ||||||
18 | designated vendor to provide his or her
fingerprints in an | ||||||
19 | alternative manner. The
Department, in its discretion, may also | ||||||
20 | use other
procedures in performing or obtaining criminal | ||||||
21 | background
checks of applicants. Instead of submitting his or | ||||||
22 | her
fingerprints, an individual may submit proof that is
| ||||||
23 | satisfactory to the Department that an equivalent security
| ||||||
24 | clearance has been conducted. Also, an individual who has
| ||||||
25 | retired as a peace officer within 12 months of application may
| ||||||
26 | submit verification, on forms provided by the Department and
|
| |||||||
| |||||||
1 | signed by his or her employer, of his or her previous full-time | ||||||
2 | employment as a
peace officer.
| ||||||
3 | (d) The Department shall issue a permanent employee
| ||||||
4 | registration card, in a form the Department prescribes, to all
| ||||||
5 | qualified applicants.
The holder of a permanent employee | ||||||
6 | registration card shall
carry the card at all times while | ||||||
7 | actually engaged in the
performance of the duties of his or her | ||||||
8 | employment.
Expiration and requirements for renewal of | ||||||
9 | permanent employee
registration cards shall be established by | ||||||
10 | rule of the
Department. Possession of a permanent employee | ||||||
11 | registration
card does not in any way imply that the holder of | ||||||
12 | the card is
employed by an agency unless the permanent employee
| ||||||
13 | registration card is accompanied by the employee
| ||||||
14 | identification card required by subsection (f) of this
Section.
| ||||||
15 | (e) Each employer shall maintain a record of each
employee | ||||||
16 | that is accessible to the duly authorized
representatives of | ||||||
17 | the Department. The record shall contain
the following | ||||||
18 | information:
| ||||||
19 | (1) A photograph taken within 10 days of the date
that | ||||||
20 | the employee begins employment with the employer. The
| ||||||
21 | photograph shall be replaced with a current photograph | ||||||
22 | every 3
calendar years.
| ||||||
23 | (2) The Employee's Statement specified in
subsection | ||||||
24 | (b) of this Section.
| ||||||
25 | (3) All correspondence or documents relating to the
| ||||||
26 | character and integrity of the employee received by the
|
| |||||||
| |||||||
1 | employer from any official source or law enforcement | ||||||
2 | agency.
| ||||||
3 | (4) In the case of former employees, the employee
| ||||||
4 | identification card of that person issued under subsection | ||||||
5 | (f)
of this Section. Each employee record shall duly note | ||||||
6 | if the
employee is employed in an armed capacity. Armed | ||||||
7 | employee
files shall contain a copy of an active firearm | ||||||
8 | owner's
identification card and a copy of an active firearm
| ||||||
9 | control card. Each employer shall maintain a record for
| ||||||
10 | each armed employee of each instance in which the | ||||||
11 | employee's
weapon was discharged during the course of his | ||||||
12 | or her
professional duties or activities. The record shall | ||||||
13 | be
maintained on forms provided by the Department, a copy | ||||||
14 | of
which must be filed with the Department within 15 days | ||||||
15 | of an
instance. The record shall include the date and time | ||||||
16 | of the
occurrence, the circumstances involved in the | ||||||
17 | occurrence, and
any other information as the Department may | ||||||
18 | require. Failure
to provide this information to the | ||||||
19 | Department or failure to
maintain the record as a part of | ||||||
20 | each armed employee's
permanent file is grounds for | ||||||
21 | disciplinary action. The
Department, upon receipt of a | ||||||
22 | report, shall have the authority
to make any investigation | ||||||
23 | it considers appropriate into any
occurrence in which an | ||||||
24 | employee's weapon was discharged and to
take disciplinary | ||||||
25 | action as may be appropriate.
| ||||||
26 | (5) A copy of the employee's permanent employee |
| |||||||
| |||||||
1 | registration card or a copy of the Department's "License | ||||||
2 | Lookup" Webpage showing that the employee has been issued a | ||||||
3 | valid permanent employee registration card by the | ||||||
4 | Department.
| ||||||
5 | The Department may, by rule, prescribe further
record | ||||||
6 | requirements.
| ||||||
7 | (f) Every employer shall furnish an employee
| ||||||
8 | identification card to each of his or her employees. This
| ||||||
9 | employee identification card shall contain a recent photograph
| ||||||
10 | of the employee, the employee's name, the name and agency
| ||||||
11 | license number of the employer, the employee's personal
| ||||||
12 | description, the signature of the employer, the signature of
| ||||||
13 | that employee, the date of issuance, and an employee
| ||||||
14 | identification card number.
| ||||||
15 | (g) No employer may issue an employee identification
card | ||||||
16 | to any person who is not employed by the employer in
accordance | ||||||
17 | with this Section or falsely state or represent
that a person | ||||||
18 | is or has been in his or her employ. It is
unlawful for an | ||||||
19 | applicant for registered employment to file
with the Department | ||||||
20 | the fingerprints of a person other than
himself or herself.
| ||||||
21 | (h) Every employer shall obtain the identification card
of | ||||||
22 | every employee who terminates employment with him or her.
| ||||||
23 | (i) Every employer shall maintain a separate roster of
the | ||||||
24 | names of all employees currently working in an armed
capacity | ||||||
25 | and submit the roster to the Department on request.
| ||||||
26 | (j) No agency may employ any person to perform a
licensed |
| |||||||
| |||||||
1 | activity under this Act unless the person possesses a
valid | ||||||
2 | permanent employee registration card or a valid license
under | ||||||
3 | this Act, or is exempt pursuant to subsection (n).
| ||||||
4 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
5 | agency may employ a person in a temporary capacity if all of
| ||||||
6 | the following conditions are met:
| ||||||
7 | (1) The agency completes in its entirety and
submits to | ||||||
8 | the Department an application for a permanent
employee | ||||||
9 | registration card, including the required fingerprint
| ||||||
10 | receipt and fees.
| ||||||
11 | (2) The agency has verification from the Department
| ||||||
12 | that the applicant has no record of any criminal conviction
| ||||||
13 | pursuant to the criminal history check conducted by the
| ||||||
14 | Department of State Police. The agency shall maintain the
| ||||||
15 | verification of the results of the Department of State | ||||||
16 | Police
criminal history check as part of the employee | ||||||
17 | record as
required under subsection (e) of this Section.
| ||||||
18 | (3) The agency exercises due diligence to ensure
that | ||||||
19 | the person is qualified under the requirements of the Act
| ||||||
20 | to be issued a permanent employee registration card.
| ||||||
21 | (4) The agency maintains a separate roster of the
names | ||||||
22 | of all employees whose applications are currently
pending | ||||||
23 | with the Department and submits the roster to the
| ||||||
24 | Department on a monthly basis. Rosters are to be maintained
| ||||||
25 | by the agency for a period of at least 24 months.
| ||||||
26 | An agency may employ only a permanent employee applicant
|
| |||||||
| |||||||
1 | for which it either submitted a permanent employee application
| ||||||
2 | and all required forms and fees or it confirms with the
| ||||||
3 | Department that a permanent employee application and all
| ||||||
4 | required forms and fees have been submitted by another agency,
| ||||||
5 | licensee or the permanent employee and all other requirements
| ||||||
6 | of this Section are met.
| ||||||
7 | The Department shall have the authority to revoke,
without | ||||||
8 | a hearing, the temporary authority of an individual to
work | ||||||
9 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
10 | data or a report of another official authority
indicating a | ||||||
11 | criminal conviction. If the Department has not
received a | ||||||
12 | temporary employee's Federal Bureau of
Investigation | ||||||
13 | fingerprint data within 120 days of the date the
Department | ||||||
14 | received the Department of State Police fingerprint
data, the | ||||||
15 | Department may, at its discretion, revoke the
employee's | ||||||
16 | temporary authority to work with 15 days written
notice to the | ||||||
17 | individual and the employing agency.
| ||||||
18 | An agency may not employ a person in a temporary capacity
| ||||||
19 | if it knows or reasonably should have known that the person
has | ||||||
20 | been convicted of a crime under the laws of this State,
has | ||||||
21 | been convicted in another state of any crime that is a
crime | ||||||
22 | under the laws of this State, has been convicted of any
crime | ||||||
23 | in a federal court, or has been posted as an unapproved
| ||||||
24 | applicant by the Department. Notice by the Department to the
| ||||||
25 | agency, via certified mail, personal delivery, electronic
| ||||||
26 | mail, or posting on the Department's Internet site accessible
|
| |||||||
| |||||||
1 | to the agency that the person has been convicted of a crime
| ||||||
2 | shall be deemed constructive knowledge of the conviction on
the | ||||||
3 | part of the agency. The Department may adopt rules to
implement | ||||||
4 | this
subsection (k).
| ||||||
5 | (l) No person may be employed under this Section in any
| ||||||
6 | capacity if:
| ||||||
7 | (1) the person, while so employed, is being paid by
the | ||||||
8 | United States or any political subdivision for the time so
| ||||||
9 | employed in addition to any payments he or she may receive
| ||||||
10 | from the employer; or
| ||||||
11 | (2) the person wears any portion of his or her
official | ||||||
12 | uniform, emblem of authority, or equipment while so
| ||||||
13 | employed.
| ||||||
14 | (m) If information is discovered affecting the
| ||||||
15 | registration of a person whose fingerprints were submitted
| ||||||
16 | under this Section, the Department shall so notify the agency
| ||||||
17 | that submitted the fingerprints on behalf of that person.
| ||||||
18 | (n) Peace officers shall be exempt from the requirements
of | ||||||
19 | this Section relating to permanent employee registration
| ||||||
20 | cards. The agency shall remain responsible for any peace
| ||||||
21 | officer employed under this exemption, regardless of whether
| ||||||
22 | the peace officer is compensated as an employee or as an
| ||||||
23 | independent contractor and as further defined by rule.
| ||||||
24 | (o) Persons who have no access to confidential or
security | ||||||
25 | information, who do not go to a client's or prospective | ||||||
26 | client's residence or place of business, and who otherwise do |
| |||||||
| |||||||
1 | not provide
traditional security services are exempt from | ||||||
2 | employee
registration. Examples of exempt employees include, | ||||||
3 | but are
not limited to, employees working in the capacity of | ||||||
4 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
5 | reception
personnel. Confidential or security information is | ||||||
6 | that which
pertains to employee files, scheduling, client | ||||||
7 | contracts, or
technical security and alarm data.
| ||||||
8 | (p) An applicant who is 21 years of age or older seeking a | ||||||
9 | religious exemption to the photograph requirement of this | ||||||
10 | Section shall furnish with the application an approved copy of | ||||||
11 | United States Department of the Treasury Internal Revenue | ||||||
12 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
13 | religious exemption to this photograph requirement shall | ||||||
14 | submit fingerprints in a form and manner prescribed by the | ||||||
15 | Department with his or her application in lieu of a photograph. | ||||||
16 | (Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15 .)
| ||||||
17 | (225 ILCS 447/35-35)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
20 | (a) No person shall perform duties that include the use,
| ||||||
21 | carrying, or possession of a firearm in the performance of
| ||||||
22 | those duties without complying with the provisions of this
| ||||||
23 | Section and having been issued a valid firearm control
card by | ||||||
24 | the Department.
| ||||||
25 | (b) No employer shall employ any person to perform the
|
| |||||||
| |||||||
1 | duties for which licensure or employee registration is required | ||||||
2 | and allow
that person to carry a firearm unless that person has | ||||||
3 | complied
with all the firearm training requirements of this | ||||||
4 | Section and
has been issued a firearm control card. This Act
| ||||||
5 | permits only the following to carry firearms while actually
| ||||||
6 | engaged in the performance of their duties or while commuting
| ||||||
7 | directly to or from their places of employment: persons
| ||||||
8 | licensed as private detectives and their registered employees;
| ||||||
9 | persons licensed as private security contractors and their
| ||||||
10 | registered employees; persons licensed as private alarm
| ||||||
11 | contractors and their registered employees; and employees of a
| ||||||
12 | registered armed proprietary security force.
| ||||||
13 | (c) Possession of a valid firearm control
card
allows a | ||||||
14 | licensee or employee to carry a firearm not otherwise | ||||||
15 | prohibited
by law while the licensee or employee is engaged in | ||||||
16 | the performance of his
or her duties or while the licensee or | ||||||
17 | employee is commuting directly to
or from the licensee's or | ||||||
18 | employee's place or places of employment.
| ||||||
19 | (d) The Department shall issue a firearm control
card to a | ||||||
20 | person who has passed an approved firearm training
course, who | ||||||
21 | is currently licensed or employed by an agency licensed by
this | ||||||
22 | Act and has met all the requirements of this Act, and who is | ||||||
23 | not prohibited under State or federal law from possessing a | ||||||
24 | firearm
possesses a valid firearm owner identification card .
| ||||||
25 | Application for the firearm control card shall be made
by the | ||||||
26 | employer to the Department on forms provided by the
Department. |
| |||||||
| |||||||
1 | The Department shall forward the card to the
employer who shall | ||||||
2 | be responsible for its issuance to the licensee or
employee. | ||||||
3 | The firearm control card shall be issued by
the Department and | ||||||
4 | shall identify the person holding it and
the name of the course | ||||||
5 | where the licensee or employee received firearm
instruction and | ||||||
6 | shall specify the type of weapon or weapons
the person is | ||||||
7 | authorized by the Department to carry and for
which the person | ||||||
8 | has been trained.
| ||||||
9 | (e) Expiration and requirements for renewal of firearm | ||||||
10 | control cards shall be determined by rule.
| ||||||
11 | (f) The Department may, in addition to any other
| ||||||
12 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
13 | suspend, or revoke a firearm control card if the
applicant or | ||||||
14 | holder has been convicted of any felony or crime
involving the | ||||||
15 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
16 | a violation of this Act or rules adopted promulgated
under this | ||||||
17 | Act. The Department shall refuse to issue or shall
revoke a | ||||||
18 | firearm control card if the applicant or holder is prohibited | ||||||
19 | under State or federal law from possessing a firearm
fails to | ||||||
20 | possess a valid firearm owners identification card without | ||||||
21 | hearing .
The Secretary shall summarily suspend a firearm | ||||||
22 | control
card if the Secretary finds that its continued use | ||||||
23 | would
constitute an imminent danger to the public. A hearing | ||||||
24 | shall
be held before the Board within 30 days if the Secretary
| ||||||
25 | summarily suspends a firearm control card.
| ||||||
26 | (g) Notwithstanding any other provision of this Act to the
|
| |||||||
| |||||||
1 | contrary, all requirements relating to firearms control
cards | ||||||
2 | do not apply to a peace officer.
| ||||||
3 | (h) The Department may issue a temporary firearm control | ||||||
4 | card pending issuance of a new firearm control card upon an | ||||||
5 | agency's acquiring of an established armed account. An agency | ||||||
6 | that has acquired armed employees as a result of acquiring an | ||||||
7 | established armed account may, on forms supplied by the | ||||||
8 | Department, request the issuance of a temporary firearm control | ||||||
9 | card for each acquired employee who held a valid firearm | ||||||
10 | control card under his or her employment with the newly | ||||||
11 | acquired established armed account immediately preceding the | ||||||
12 | acquiring of the account and who continues to meet all of the | ||||||
13 | qualifications for issuance of a firearm control card set forth | ||||||
14 | in this Act and any rules adopted under this Act. The | ||||||
15 | Department shall, by rule, set the fee for issuance of a | ||||||
16 | temporary firearm control card.
| ||||||
17 | (i) The Department shall not issue a firearm control card | ||||||
18 | to a licensed fingerprint vendor or a licensed locksmith or | ||||||
19 | employees of a licensed fingerprint vendor agency or a licensed | ||||||
20 | locksmith agency.
| ||||||
21 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
22 | Section 50. The Mental Health and Developmental | ||||||
23 | Disabilities Code is amended by changing Sections 6-103.1, | ||||||
24 | 6-103.2, and 6-103.3 as follows: |
| |||||||
| |||||||
1 | (405 ILCS 5/6-103.1) | ||||||
2 | Sec. 6-103.1. Adjudication as a mentally disabled person. | ||||||
3 | When a person has been adjudicated as a mentally disabled | ||||||
4 | person as defined in Section 1.1 of the Firearm Owners | ||||||
5 | Identification Card Act , including, but not limited to, an | ||||||
6 | adjudication as a disabled person as defined in Section 11a-2 | ||||||
7 | of the Probate Act of 1975, the court shall direct
the circuit | ||||||
8 | court clerk to notify the
Department of State Police , Firearm | ||||||
9 | Owner's Identification
(FOID) Office , in a form and manner | ||||||
10 | prescribed by the Department of State Police, and shall forward | ||||||
11 | a copy of the court order to the Department no later than 7 | ||||||
12 | days after the entry of the order. Upon receipt of the order, | ||||||
13 | the Department of State Police shall provide notification to | ||||||
14 | the National Instant Criminal Background Check System. For | ||||||
15 | purposes of this Section, "has been adjudicated as a mentally | ||||||
16 | disabled person" means the person is the subject of a | ||||||
17 | determination by a court, board, commission, or other lawful | ||||||
18 | authority that the person, as a result of marked subnormal | ||||||
19 | intelligence, or mental illness, mental impairment, | ||||||
20 | incompetency, condition, or disease: | ||||||
21 | (1) presents a clear and present danger to himself, | ||||||
22 | herself, or to others;
| ||||||
23 | (2) lacks the mental capacity to manage his or her own | ||||||
24 | affairs or is adjudicated a disabled person as defined in | ||||||
25 | Section 11a-2 of the Probate Act of 1975; | ||||||
26 | (3) is not guilty in a criminal case by reason of |
| |||||||
| |||||||
1 | insanity, mental disease or defect; | ||||||
2 | (3.5) is guilty but mentally ill, as provided in | ||||||
3 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
4 | (4) is incompetent to stand trial in a criminal case; | ||||||
5 | (5) is not guilty by reason of lack of mental | ||||||
6 | responsibility under Articles 50a and 72b of the Uniform | ||||||
7 | Code of Military Justice, 10 U.S.C. 850a, 876b; | ||||||
8 | (6) is a sexually violent person under subsection (f) | ||||||
9 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
10 | Act; | ||||||
11 | (7) is a sexually dangerous person under the Sexually | ||||||
12 | Dangerous Persons Act; | ||||||
13 | (8) is unfit to stand trial under the Juvenile Court | ||||||
14 | Act of 1987; | ||||||
15 | (9) is not guilty by reason of insanity under the
| ||||||
16 | Juvenile Court Act of 1987; | ||||||
17 | (10) is subject to involuntary admission as an
| ||||||
18 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
19 | and Developmental Disabilities Code; | ||||||
20 | (11) is subject to involuntary admission as an
| ||||||
21 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
22 | Health and Developmental Disabilities Code; | ||||||
23 | (12) is subject to judicial admission as set forth in
| ||||||
24 | Section 4-500 of the Mental Health and Developmental | ||||||
25 | Disabilities Code; or | ||||||
26 | (13) is subject to the provisions of the Interstate
|
| |||||||
| |||||||
1 | Agreements on Sexually Dangerous Persons Act. | ||||||
2 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.) | ||||||
3 | (405 ILCS 5/6-103.2) | ||||||
4 | Sec. 6-103.2. Developmental disability; notice. For | ||||||
5 | purposes of this Section, if a person is determined to be | ||||||
6 | developmentally disabled as defined in Section 1.1 of the | ||||||
7 | Firearm Owners Identification Card Act by a physician, clinical | ||||||
8 | psychologist, or qualified examiner, whether practicing at a | ||||||
9 | public or by a private mental health facility or developmental | ||||||
10 | disability facility, the physician, clinical psychologist, or | ||||||
11 | qualified examiner shall notify the Department of Human | ||||||
12 | Services within 24 hours of making the determination that the | ||||||
13 | person has a developmental disability. The Department of Human | ||||||
14 | Services shall immediately update its records and information | ||||||
15 | relating to mental health and developmental disabilities, and | ||||||
16 | if appropriate, shall notify the Department of State Police in | ||||||
17 | a form and manner prescribed by the Department of State Police. | ||||||
18 | Information disclosed under this Section shall remain | ||||||
19 | privileged and confidential, and shall not be redisclosed, | ||||||
20 | except as required under clause (e)(2) of Section 24-4.5 of the | ||||||
21 | Criminal Code of 2012 subsection (e) of Section 3.1 of the | ||||||
22 | Firearm Owners Identification Card Act , nor used for any other | ||||||
23 | purpose. The method of providing this information shall | ||||||
24 | guarantee that the information is not released beyond that | ||||||
25 | which is necessary for the purpose of this Section and shall be |
| |||||||
| |||||||
1 | provided by rule by the Department of Human Services. The | ||||||
2 | identity of the person reporting under this Section shall not | ||||||
3 | be disclosed to the subject of the report. | ||||||
4 | The physician, clinical psychologist, or qualified | ||||||
5 | examiner making the determination and his or her employer may | ||||||
6 | not be held criminally, civilly, or professionally liable for | ||||||
7 | making or not making the notification required under this | ||||||
8 | Section, except for willful or wanton misconduct.
| ||||||
9 | In this Section, "developmentally disabled" has the | ||||||
10 | meaning ascribed to it in Section 12 of the Mental Health and | ||||||
11 | Developmental Disabilities Confidentiality Act. | ||||||
12 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
13 | (405 ILCS 5/6-103.3) | ||||||
14 | Sec. 6-103.3. Clear and present danger; notice. If a person | ||||||
15 | is determined to pose a clear and present danger to himself, | ||||||
16 | herself, or to others by a physician, clinical psychologist, or | ||||||
17 | qualified examiner, whether employed by the State, by any | ||||||
18 | public or private mental health facility or part thereof, or by | ||||||
19 | a law enforcement official or a school administrator, then the | ||||||
20 | physician, clinical psychologist, qualified examiner shall | ||||||
21 | notify the Department of Human Services and a law enforcement | ||||||
22 | official or school administrator shall notify the Department of | ||||||
23 | State Police, within 24 hours of making the determination that | ||||||
24 | the person poses a clear and present danger. The Department of | ||||||
25 | Human Services shall immediately update its records and |
| |||||||
| |||||||
1 | information relating to mental health and developmental | ||||||
2 | disabilities, and if appropriate, shall notify the Department | ||||||
3 | of State Police in a form and manner prescribed by the | ||||||
4 | Department of State Police. Information disclosed under this | ||||||
5 | Section shall remain privileged and confidential, and shall not | ||||||
6 | be redisclosed, except as required under clause (e)(2) of | ||||||
7 | Section 24-4.5 of the Criminal Code of 2012 subsection (e) of | ||||||
8 | Section 3.1 of the Firearm Owners Identification Card Act , nor | ||||||
9 | used for any other purpose. The method of providing this | ||||||
10 | information shall guarantee that the information is not | ||||||
11 | released beyond that which is necessary for the purpose of this | ||||||
12 | Section and shall be provided by rule by the Department of | ||||||
13 | Human Services. The identity of the person reporting under this | ||||||
14 | Section shall not be disclosed to the subject of the report. | ||||||
15 | The physician, clinical psychologist, qualified examiner, law | ||||||
16 | enforcement official, or school administrator making the | ||||||
17 | determination and his or her employer shall not be held | ||||||
18 | criminally, civilly, or professionally liable for making or not | ||||||
19 | making the notification required under this Section, except for | ||||||
20 | willful or wanton misconduct. This Section does not apply to a | ||||||
21 | law enforcement official, if making the notification under this | ||||||
22 | Section will interfere with an ongoing or pending criminal | ||||||
23 | investigation. | ||||||
24 | For the purposes of this Section: | ||||||
25 | "Clear and present danger" means a person who: | ||||||
26 | (1) communicates a serious threat of physical
|
| |||||||
| |||||||
1 | violence against a reasonably identifiable victim or | ||||||
2 | poses a clear and imminent risk of serious physical | ||||||
3 | injury to himself, herself, or another person as | ||||||
4 | determined by a physician, clinical psychologist, or | ||||||
5 | qualified examiner; or | ||||||
6 | (2) demonstrates threatening physical or verbal
| ||||||
7 | behavior, such as violent, suicidal, or assaultive | ||||||
8 | threats, actions, or other behavior, as determined by a | ||||||
9 | physician, clinical psychologist, qualified examiner, | ||||||
10 | school administrator, or law enforcement official. | ||||||
11 | "Physician", "clinical psychologist", and "qualified | ||||||
12 | examiner" have the meanings ascribed to them in the Mental | ||||||
13 | Health and Developmental Disabilities Code has the meaning | ||||||
14 | ascribed to it in Section 1.1 of the Firearm Owners | ||||||
15 | Identification Card Act . | ||||||
16 | "School administrator" means the person required to | ||||||
17 | report under the School Administrator Reporting of Mental | ||||||
18 | Health Clear and Present Danger Determinations Law.
| ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
20 | Section 55. The Lead Poisoning Prevention Act is amended by | ||||||
21 | changing Section 2 as follows:
| ||||||
22 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||
23 | Sec. 2. Definitions. As used in this Act:
| ||||||
24 | "Child care facility" means any structure used by a child |
| |||||||
| |||||||
1 | care
provider licensed by the Department of Children and Family | ||||||
2 | Services or
public or private school structure frequented by | ||||||
3 | children 6 years of
age or younger.
| ||||||
4 | "Childhood Lead Risk Questionnaire" means the | ||||||
5 | questionnaire developed by the Department for use by physicians | ||||||
6 | and other health care providers to determine risk factors for | ||||||
7 | children 6 years of age or younger residing in areas designated | ||||||
8 | as low risk for lead exposure. | ||||||
9 | "Delegate agency" means a unit of local government or | ||||||
10 | health
department approved by the Department to carry out the | ||||||
11 | provisions of this Act.
| ||||||
12 | "Department" means the Department of Public Health.
| ||||||
13 | "Director" means the Director of Public Health.
| ||||||
14 | "Dwelling unit" means an individual unit within a | ||||||
15 | residential building used as living quarters for one household. | ||||||
16 | "Elevated blood lead level" means a blood lead level in | ||||||
17 | excess of those considered within the permissible limits as | ||||||
18 | established under State and federal rules. | ||||||
19 | "Exposed surface" means any interior or exterior surface of
| ||||||
20 | a regulated facility. | ||||||
21 | "High risk area" means an area in the State determined by | ||||||
22 | the Department to
be high risk for lead exposure for children 6 | ||||||
23 | years of age or younger. The
Department may consider, but is | ||||||
24 | not limited to, the following factors to
determine a high risk | ||||||
25 | area: age and condition (using Department of Housing and
Urban
| ||||||
26 | Development definitions of "slum" and "blighted") of housing, |
| |||||||
| |||||||
1 | proximity to
highway traffic or heavy local traffic or both, | ||||||
2 | percentage of housing
determined as rental or vacant, proximity | ||||||
3 | to industry using lead, established
incidence of elevated blood | ||||||
4 | lead levels in children, percentage of population
living
below | ||||||
5 | 200% of federal poverty guidelines, and number of children | ||||||
6 | residing in
the area who are 6 years of age or younger.
| ||||||
7 | "Lead abatement" means any approved work practices that | ||||||
8 | will permanently eliminate lead exposure or remove the | ||||||
9 | lead-bearing substances in a regulated facility. The | ||||||
10 | Department shall establish by rule which work practices are | ||||||
11 | approved or prohibited for lead abatement. | ||||||
12 | "Lead abatement contractor" means any person or entity | ||||||
13 | licensed by the
Department to perform lead abatement and | ||||||
14 | mitigation.
| ||||||
15 | "Lead abatement supervisor" means any person employed by a | ||||||
16 | lead abatement contractor and licensed by the Department to | ||||||
17 | perform lead abatement and lead mitigation and to supervise | ||||||
18 | lead workers who perform lead abatement and lead mitigation. | ||||||
19 | "Lead abatement worker" means any person employed by a lead | ||||||
20 | abatement
contractor and licensed by the Department to perform | ||||||
21 | lead abatement and
mitigation.
| ||||||
22 | "Lead activities" means the conduct of any lead services, | ||||||
23 | including, lead inspection, lead risk assessment, lead | ||||||
24 | mitigation, or lead abatement work or supervision in a | ||||||
25 | regulated facility. | ||||||
26 | "Lead-bearing substance" means any item containing or |
| |||||||
| |||||||
1 | coated with lead such that the lead content is more than | ||||||
2 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
3 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
4 | elements of the regulated facility; or any paint or
other | ||||||
5 | surface coating material containing more than five-tenths of | ||||||
6 | one
percent (0.5%) lead by total weight (calculated as lead | ||||||
7 | metal) in the total
non-volatile content of liquid paint; or | ||||||
8 | lead-bearing substances containing
greater than one milligram | ||||||
9 | per square centimeter or any lower standard for
lead content in | ||||||
10 | residential paint as may be established by federal law or rule
| ||||||
11 | ; or more than 1 milligram per square centimeter in the dried
| ||||||
12 | film of paint or previously applied substance; or item or dust | ||||||
13 | on item containing lead in
excess of the amount specified in | ||||||
14 | the rules authorized by
this Act or a lower standard for lead | ||||||
15 | content as may be established by
federal law or rule. | ||||||
16 | "Lead-bearing substance" does not include firearm ammunition | ||||||
17 | or components as defined by Section 2-7.1 of the Criminal Code | ||||||
18 | of 2012 the Firearm Owners Identification Card Act .
| ||||||
19 | "Lead hazard" means a lead-bearing substance that poses an
| ||||||
20 | immediate health hazard to humans.
| ||||||
21 | "Lead hazard screen" means a lead risk assessment that | ||||||
22 | involves limited dust and paint sampling for lead-bearing | ||||||
23 | substances and lead hazards. This service is used as a | ||||||
24 | screening tool designed to determine if further lead | ||||||
25 | investigative services are required for the regulated | ||||||
26 | facility. |
| |||||||
| |||||||
1 | "Lead inspection" means a surface-by-surface investigation | ||||||
2 | to determine the presence of lead-based paint. | ||||||
3 | "Lead inspector" means an individual who has been trained | ||||||
4 | by a Department-approved training program and is licensed by | ||||||
5 | the Department to conduct lead inspections; to sample for the | ||||||
6 | presence of lead in paint, dust, soil, and water; and to | ||||||
7 | conduct compliance investigations. | ||||||
8 | "Lead mitigation" means the remediation, in a
manner | ||||||
9 | described in Section 9, of a lead hazard so that the
| ||||||
10 | lead-bearing substance does not pose an immediate
health hazard | ||||||
11 | to humans. | ||||||
12 | "Lead poisoning" means the condition of having blood lead | ||||||
13 | levels in
excess of those considered safe under State and | ||||||
14 | federal rules.
| ||||||
15 | "Lead risk assessment" means an on-site investigation to | ||||||
16 | determine the existence, nature, severity, and location of lead | ||||||
17 | hazards. "Lead risk assessment" includes any lead sampling and | ||||||
18 | visual assessment associated with conducting a lead risk | ||||||
19 | assessment and lead hazard screen and all lead sampling | ||||||
20 | associated with compliance investigations. | ||||||
21 | "Lead risk assessor" means an individual who has been | ||||||
22 | trained by a Department-approved training program and is | ||||||
23 | licensed by the Department to conduct lead risk assessments, | ||||||
24 | lead inspections, and lead hazard screens; to sample for the | ||||||
25 | presence of lead in paint, dust, soil, water, and sources for | ||||||
26 | lead-bearing substances; and to conduct compliance |
| |||||||
| |||||||
1 | investigations. | ||||||
2 | "Lead training program provider" means any person | ||||||
3 | providing Department-approved lead training in Illinois to | ||||||
4 | individuals seeking licensure in accordance with the Act. | ||||||
5 | "Low risk area" means an area in the State determined by
| ||||||
6 | the Department to be low risk for lead exposure for children 6 | ||||||
7 | years of age or younger. The Department may consider the | ||||||
8 | factors named in "high risk area" to determine low
risk areas. | ||||||
9 | "Owner" means any person, who alone, jointly, or severally | ||||||
10 | with
others:
| ||||||
11 | (a) Has legal title to any regulated facility, with or
| ||||||
12 | without actual possession of the regulated facility, or
| ||||||
13 | (b) Has charge, care, or control of the regulated | ||||||
14 | facility as owner or agent of the owner, or as executor, | ||||||
15 | administrator,
trustee, or guardian of the estate of the | ||||||
16 | owner.
| ||||||
17 | "Person" means any individual, partnership, firm, company, | ||||||
18 | limited liability company, corporation, association, joint | ||||||
19 | stock company, trust, estate, political subdivision, State | ||||||
20 | agency, or any other legal entity, or their legal | ||||||
21 | representative, agent, or assign.
| ||||||
22 | "Regulated facility" means a residential building or child | ||||||
23 | care facility. | ||||||
24 | "Residential building" means any room, group of rooms, or | ||||||
25 | other
interior areas of a structure designed or used for human | ||||||
26 | habitation; common
areas accessible by inhabitants; and the |
| |||||||
| |||||||
1 | surrounding property or structures.
| ||||||
2 | (Source: P.A. 98-690, eff. 1-1-15 .)
| ||||||
3 | (430 ILCS 65/Act rep.)
| ||||||
4 | Section 60. The Firearm Owners Identification Card Act is | ||||||
5 | repealed. | ||||||
6 | Section 65. The Firearm Concealed Carry Act is amended by | ||||||
7 | changing Sections 25, 30, 40, 70, 80, and 105 as follows: | ||||||
8 | (430 ILCS 66/25)
| ||||||
9 | Sec. 25. Qualifications for a license. | ||||||
10 | The Department shall issue a license to an applicant | ||||||
11 | completing an application in accordance with Section 30 of this | ||||||
12 | Act if the person: | ||||||
13 | (1) is at least 21 years of age; | ||||||
14 | (2) has a currently valid Firearm Owner's | ||||||
15 | Identification Card and at the time of application meets | ||||||
16 | the requirements for the issuance of a Firearm Owner's | ||||||
17 | Identification Card and is not prohibited under State or | ||||||
18 | the Firearm Owners Identification Card Act or federal law | ||||||
19 | from possessing or receiving a firearm; | ||||||
20 | (3) has not been convicted or found guilty in this | ||||||
21 | State or in any other state of: | ||||||
22 | (A) a misdemeanor involving the use or threat of | ||||||
23 | physical force or violence to any person within the 5 |
| |||||||
| |||||||
1 | years preceding the date of the license application; or | ||||||
2 | (B) 2 or more violations related to driving while | ||||||
3 | under the influence of alcohol, other drug or drugs, | ||||||
4 | intoxicating compound or compounds, or any combination | ||||||
5 | thereof, within the 5 years preceding the date of the | ||||||
6 | license application; | ||||||
7 | (4) is not the subject of a pending arrest warrant, | ||||||
8 | prosecution, or proceeding for an offense or action that | ||||||
9 | could lead to disqualification to own or possess a firearm; | ||||||
10 | (5) has not been in residential or court-ordered | ||||||
11 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
12 | treatment within the 5 years immediately preceding the date | ||||||
13 | of the license application; and | ||||||
14 | (6) has completed firearms training and any education | ||||||
15 | component required under Section 75 of this Act.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
17 | (430 ILCS 66/30)
| ||||||
18 | Sec. 30. Contents of license application. | ||||||
19 | (a) The license application shall be in writing, under | ||||||
20 | penalty of perjury, on a standard form adopted by the | ||||||
21 | Department and shall be accompanied by the documentation | ||||||
22 | required in this Section and the applicable fee. Each | ||||||
23 | application form shall include the following statement printed | ||||||
24 | in bold type: "Warning: Entering false information on this form | ||||||
25 | is punishable as perjury under Section 32-2 of the Criminal |
| |||||||
| |||||||
1 | Code of 2012." | ||||||
2 | (b) The application shall contain the following: | ||||||
3 | (1) the applicant's name, current address, date and | ||||||
4 | year of birth, place of birth, height, weight, hair color, | ||||||
5 | eye color, maiden name or any other name the applicant has | ||||||
6 | used or identified with, and any address where the | ||||||
7 | applicant resided for more than 30 days within the 10 years | ||||||
8 | preceding the date of the license application; | ||||||
9 | (2) the applicant's valid driver's license number or | ||||||
10 | valid state identification card number; | ||||||
11 | (3) a waiver of the applicant's privacy and | ||||||
12 | confidentiality rights and privileges under all federal | ||||||
13 | and state laws, including those limiting access to juvenile | ||||||
14 | court, criminal justice, psychological, or psychiatric | ||||||
15 | records or records relating to any institutionalization of | ||||||
16 | the applicant, and an affirmative request that a person | ||||||
17 | having custody of any of these records provide it or | ||||||
18 | information concerning it to the Department; | ||||||
19 | (4) an affirmation that the applicant is not prohibited | ||||||
20 | under State or federal law from possessing or receiving a | ||||||
21 | firearm possesses a currently valid Firearm Owner's | ||||||
22 | Identification Card and card number if possessed or notice | ||||||
23 | the applicant is applying for a Firearm Owner's | ||||||
24 | Identification Card in conjunction with the license | ||||||
25 | application ; | ||||||
26 | (5) an affirmation that the applicant has not been |
| |||||||
| |||||||
1 | convicted or found guilty of: | ||||||
2 | (A) a felony; | ||||||
3 | (B) a misdemeanor involving the use or threat of | ||||||
4 | physical force or violence to any person within the 5 | ||||||
5 | years preceding the date of the application; or | ||||||
6 | (C) 2 or more violations related to driving while | ||||||
7 | under the influence of alcohol, other drug or drugs, | ||||||
8 | intoxicating compound or compounds, or any combination | ||||||
9 | thereof, within the 5 years preceding the date of the | ||||||
10 | license application; and | ||||||
11 | (6) whether the applicant has failed a drug test for a | ||||||
12 | drug for which the applicant did not have a prescription, | ||||||
13 | within the previous year, and if so, the provider of the | ||||||
14 | test, the specific substance involved, and the date of the | ||||||
15 | test; | ||||||
16 | (7) written consent for the Department to review and | ||||||
17 | use the applicant's Illinois digital driver's license or | ||||||
18 | Illinois identification card photograph and signature; | ||||||
19 | (8) a full set of fingerprints submitted to the | ||||||
20 | Department in electronic format, provided the Department | ||||||
21 | may accept an application submitted without a set of | ||||||
22 | fingerprints in which case the Department shall be granted | ||||||
23 | 30 days in addition to the 90 days provided under | ||||||
24 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
25 | license; | ||||||
26 | (9) a head and shoulder color photograph in a size |
| |||||||
| |||||||
1 | specified by the Department taken within the 30 days | ||||||
2 | preceding the date of the license application; and | ||||||
3 | (10) a photocopy of any certificates or other evidence | ||||||
4 | of compliance with the training requirements under this | ||||||
5 | Act.
| ||||||
6 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
7 | (430 ILCS 66/40)
| ||||||
8 | Sec. 40. Non-resident license applications. | ||||||
9 | (a) For the purposes of this Section, "non-resident" means | ||||||
10 | a person who has not resided within this State for more than 30 | ||||||
11 | days and resides in another state or territory. | ||||||
12 | (b) The Department shall by rule allow for non-resident | ||||||
13 | license applications from any state or territory of the United | ||||||
14 | States with laws related to firearm ownership, possession, and | ||||||
15 | carrying, that are substantially similar to the requirements to | ||||||
16 | obtain a license under this Act. | ||||||
17 | (c) A resident of a state or territory approved by the | ||||||
18 | Department under subsection (b) of this Section may apply for a | ||||||
19 | non-resident license. The applicant shall apply to the | ||||||
20 | Department and must meet all of the qualifications established | ||||||
21 | in Section 25 of this Act , except for the Illinois residency | ||||||
22 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
23 | Section 4 of the Firearm Owners Identification Card Act . The | ||||||
24 | applicant shall submit: | ||||||
25 | (1) the application and documentation required under |
| |||||||
| |||||||
1 | Section 30 of this Act and the applicable fee; | ||||||
2 | (2) a notarized document stating that the applicant: | ||||||
3 | (A) is eligible under federal law and the laws of | ||||||
4 | his or her state or territory of residence to own or | ||||||
5 | possess a firearm; | ||||||
6 | (B) if applicable, has a license or permit to carry | ||||||
7 | a firearm or concealed firearm issued by his or her | ||||||
8 | state or territory of residence and attach a copy of | ||||||
9 | the license or permit to the application; | ||||||
10 | (C) understands Illinois laws pertaining to the | ||||||
11 | possession and transport of firearms ; , and | ||||||
12 | (D) acknowledges that the applicant is subject to | ||||||
13 | the jurisdiction of the Department and Illinois courts | ||||||
14 | for any violation of this Act; and | ||||||
15 | (3) a photocopy of any certificates or other evidence | ||||||
16 | of compliance with the training requirements under Section | ||||||
17 | 75 of this Act; and | ||||||
18 | (4) a head and shoulder color photograph in a size | ||||||
19 | specified by the Department taken within the 30 days | ||||||
20 | preceding the date of the application. | ||||||
21 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
22 | identification card, a non-resident applicant shall provide | ||||||
23 | similar documentation from his or her state or territory of | ||||||
24 | residence. The applicant shall submit In lieu of a valid | ||||||
25 | Firearm Owner's Identification Card, the applicant shall | ||||||
26 | submit documentation and information required by the |
| |||||||
| |||||||
1 | Department to obtain a Firearm Owner's Identification Card, | ||||||
2 | including an affidavit that the non-resident meets the mental | ||||||
3 | health standards to obtain a firearm under Illinois law, and | ||||||
4 | the Department shall ensure that the applicant would meet the | ||||||
5 | eligibility criteria under State law to possess a firearm to | ||||||
6 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
7 | resident of this State. | ||||||
8 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
9 | transporting a concealed firearm within his or her vehicle in | ||||||
10 | Illinois, if the concealed firearm remains within his or her | ||||||
11 | vehicle and the non-resident: | ||||||
12 | (1) is not prohibited from owning or possessing a | ||||||
13 | firearm under federal law; | ||||||
14 | (2) is eligible to carry a firearm in public under the | ||||||
15 | laws of his or her state or territory of residence, as
| ||||||
16 | evidenced by the possession of a concealed carry license or | ||||||
17 | permit issued by his or her state of residence, if
| ||||||
18 | applicable; and | ||||||
19 | (3) is not in possession of a license under this Act. | ||||||
20 | If the non-resident leaves his or her vehicle unattended, | ||||||
21 | he or she shall store the firearm within a locked vehicle or | ||||||
22 | locked container within the vehicle in accordance with | ||||||
23 | subsection (b) of Section 65 of this Act.
| ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised | ||||||
25 | 12-10-14.) |
| |||||||
| |||||||
1 | (430 ILCS 66/70)
| ||||||
2 | Sec. 70. Violations. | ||||||
3 | (a) A license issued or renewed under this Act shall be | ||||||
4 | revoked if, at any time, the licensee is found to be ineligible | ||||||
5 | for a license under this Act or the licensee is prohibited from | ||||||
6 | possessing a firearm under State or federal law no longer meets | ||||||
7 | the eligibility requirements of the Firearm Owners | ||||||
8 | Identification Card Act . | ||||||
9 | (b) A license shall be suspended if an order of protection, | ||||||
10 | including an emergency order of protection, plenary order of | ||||||
11 | protection, or interim order of protection under Article 112A | ||||||
12 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
13 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
14 | the duration of the order, or if the Department is made aware | ||||||
15 | of a similar order issued against the licensee in any other | ||||||
16 | jurisdiction. If an order of protection is issued against a | ||||||
17 | licensee, the licensee shall surrender the license, as | ||||||
18 | applicable, to the court at the time the order is entered or to | ||||||
19 | the law enforcement agency or entity serving process at the | ||||||
20 | time the licensee is served the order. The court, law | ||||||
21 | enforcement agency, or entity responsible for serving the order | ||||||
22 | of protection shall notify the Department within 7 days and | ||||||
23 | transmit the license to the Department. | ||||||
24 | (c) A license is invalid upon expiration of the license, | ||||||
25 | unless the licensee has submitted an application to renew the | ||||||
26 | license, and the applicant is otherwise eligible to possess a |
| |||||||
| |||||||
1 | license under this Act. | ||||||
2 | (d) A licensee shall not carry a concealed firearm while | ||||||
3 | under the influence of alcohol, other drug or drugs, | ||||||
4 | intoxicating compound or combination of compounds, or any | ||||||
5 | combination thereof, under the standards set forth in | ||||||
6 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
7 | A licensee in violation of this subsection (d) shall be | ||||||
8 | guilty of a Class A misdemeanor for a first or second violation | ||||||
9 | and a Class 4 felony for a third violation. The Department may | ||||||
10 | suspend a license for up to 6 months for a second violation and | ||||||
11 | shall permanently revoke a license for a third violation. | ||||||
12 | (e) Except as otherwise provided, a licensee in violation | ||||||
13 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
14 | or subsequent violation is a Class A misdemeanor. The | ||||||
15 | Department may suspend a license for up to 6 months for a | ||||||
16 | second violation and shall permanently revoke a license for 3 | ||||||
17 | or more violations of Section 65 of this Act. Any person | ||||||
18 | convicted of a violation under this Section shall pay a $150 | ||||||
19 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
20 | any applicable court costs or fees. | ||||||
21 | (f) A licensee convicted or found guilty of a violation of | ||||||
22 | this Act who has a valid license and is otherwise eligible to | ||||||
23 | carry a concealed firearm shall only be subject to the | ||||||
24 | penalties under this Section and shall not be subject to the | ||||||
25 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
26 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| |||||||
| |||||||
1 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
2 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
3 | subsection, nothing in this subsection prohibits the licensee | ||||||
4 | from being subjected to penalties for violations other than | ||||||
5 | those specified in this Act. | ||||||
6 | (g) A licensee whose license is revoked, suspended, or | ||||||
7 | denied shall, within 48 hours of receiving notice of the | ||||||
8 | revocation, suspension, or denial, surrender his or her | ||||||
9 | concealed carry license to the local law enforcement agency | ||||||
10 | where the person resides. The local law enforcement agency | ||||||
11 | shall provide the licensee a receipt and transmit the concealed | ||||||
12 | carry license to the Department of State Police. If the | ||||||
13 | licensee whose concealed carry license has been revoked, | ||||||
14 | suspended, or denied fails to comply with the requirements of | ||||||
15 | this subsection, the law enforcement agency where the person | ||||||
16 | resides may petition the circuit court to issue a warrant to | ||||||
17 | search for and seize the concealed carry license in the | ||||||
18 | possession and under the custody or control of the licensee | ||||||
19 | whose concealed carry license has been revoked, suspended, or | ||||||
20 | denied. The observation of a concealed carry license in the | ||||||
21 | possession of a person whose license has been revoked, | ||||||
22 | suspended, or denied constitutes a sufficient basis for the | ||||||
23 | arrest of that person for violation of this subsection. A | ||||||
24 | violation of this subsection is a Class A misdemeanor. | ||||||
25 | (h) (Blank). A license issued or renewed under this Act | ||||||
26 | shall be revoked if, at any time, the licensee is found |
| |||||||
| |||||||
1 | ineligible for a Firearm Owner's Identification Card, or the | ||||||
2 | licensee no longer possesses a valid Firearm Owner's | ||||||
3 | Identification Card. A licensee whose license is revoked under | ||||||
4 | this subsection (h) shall surrender his or her concealed carry | ||||||
5 | license as provided for in subsection (g) of this Section. | ||||||
6 | This subsection shall not apply to a person who has filed | ||||||
7 | an application with the State Police for renewal of a Firearm
| ||||||
8 | Owner's Identification Card and who is not otherwise ineligible | ||||||
9 | to obtain a Firearm Owner's Identification Card.
| ||||||
10 | (i) A certified firearms instructor who knowingly provides | ||||||
11 | or offers to provide a false certification that an applicant | ||||||
12 | has completed firearms training as required under this Act is | ||||||
13 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
14 | of this subsection (i) is not eligible for court supervision. | ||||||
15 | The Department shall permanently revoke the firearms | ||||||
16 | instructor certification of a person convicted under this | ||||||
17 | subsection (i). | ||||||
18 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
19 | eff. 8-15-14.) | ||||||
20 | (430 ILCS 66/80) | ||||||
21 | Sec. 80. Certified firearms instructors. | ||||||
22 | (a) Within 60 days of the effective date of this Act, the | ||||||
23 | Department shall begin approval of certified firearms | ||||||
24 | instructors and enter certified firearms instructors into an | ||||||
25 | online registry on the Department's website. |
| |||||||
| |||||||
1 | (b) A person who is not a certified firearms instructor | ||||||
2 | shall not teach applicant training courses or advertise or | ||||||
3 | otherwise represent courses they teach as qualifying their | ||||||
4 | students to meet the requirements to receive a license under | ||||||
5 | this Act. Each violation of this subsection is a business | ||||||
6 | offense with a fine of at least $1,000 per violation. | ||||||
7 | (c) A person seeking to become a certified firearms | ||||||
8 | instructor shall: | ||||||
9 | (1) be at least 21 years of age; | ||||||
10 | (2) be a legal resident of the United States; and | ||||||
11 | (3) meet the requirements of Section 25 of this Act , | ||||||
12 | except for the Illinois residency
requirement in item (xiv) | ||||||
13 | of paragraph (2) of subsection (a) of Section 4 of the | ||||||
14 | Firearm
Owners Identification Card Act ; and any additional | ||||||
15 | uniformly applied requirements established by the | ||||||
16 | Department. | ||||||
17 | (d) A person seeking to become a certified firearms | ||||||
18 | instructor, in addition to the requirements of subsection (c) | ||||||
19 | of this Section, shall: | ||||||
20 | (1) possess a high school diploma or high school | ||||||
21 | equivalency certificate; and | ||||||
22 | (2) have at least one of the following valid firearms | ||||||
23 | instructor certifications: | ||||||
24 | (A) certification from a law enforcement agency; | ||||||
25 | (B) certification from a firearm instructor course | ||||||
26 | offered by a State or federal governmental agency; |
| |||||||
| |||||||
1 | (C) certification from a firearm instructor | ||||||
2 | qualification course offered by the Illinois Law | ||||||
3 | Enforcement Training Standards Board; or | ||||||
4 | (D) certification from an entity approved by the | ||||||
5 | Department that offers firearm instructor education | ||||||
6 | and training in the use and safety of firearms. | ||||||
7 | (e) A person may have his or her firearms instructor | ||||||
8 | certification denied or revoked if he or she does not meet the | ||||||
9 | requirements to obtain a license under this Act, provides false | ||||||
10 | or misleading information to the Department, or has had a prior | ||||||
11 | instructor certification revoked or denied by the Department.
| ||||||
12 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, | ||||||
13 | eff. 1-1-15 .) | ||||||
14 | (430 ILCS 66/105)
| ||||||
15 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
16 | the principal
of a public elementary or secondary school, or | ||||||
17 | his or her designee, and the
chief administrative officer of a | ||||||
18 | private elementary or secondary school or a
public or private | ||||||
19 | community college, college, or university, or his or her
| ||||||
20 | designee, to report to the Department of State Police when a | ||||||
21 | student is determined to pose a clear and present danger to | ||||||
22 | himself, herself, or to others, within 24 hours of
the | ||||||
23 | determination as provided in Section 6-103.3 of the Mental | ||||||
24 | Health and Developmental Disabilities Code. "Clear and present | ||||||
25 | danger" has the meaning as provided in paragraph (2) of the |
| |||||||
| |||||||
1 | definition of "clear and present danger" in Section 6-103.3 of | ||||||
2 | the Mental Health and Developmental Disabilities Code 1.1 of | ||||||
3 | the Firearm Owners Identification Card Act .
| ||||||
4 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
5 | Section 70. The Wildlife Code is amended by changing | ||||||
6 | Sections 3.2 and 3.2a as follows:
| ||||||
7 | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| ||||||
8 | Sec. 3.2. Hunting license; application; instruction. | ||||||
9 | Before the
Department or any county, city, village, township, | ||||||
10 | incorporated town clerk
or his duly designated agent or any | ||||||
11 | other person authorized or designated
by the Department to | ||||||
12 | issue hunting licenses shall issue a hunting license
to any | ||||||
13 | person, the person shall file his application with the | ||||||
14 | Department or
other party authorized to issue licenses on a | ||||||
15 | form provided by the
Department and further give definite proof | ||||||
16 | of identity and place of legal
residence. Each clerk | ||||||
17 | designating agents to issue licenses and stamps
shall furnish | ||||||
18 | the Department, within 10 days following the appointment, the
| ||||||
19 | names and mailing addresses of the agents. Each clerk or his | ||||||
20 | duly
designated agent shall be authorized to sell licenses and | ||||||
21 | stamps only
within the territorial area for which he was | ||||||
22 | elected or appointed. No duly
designated agent is authorized to | ||||||
23 | furnish licenses or stamps for
issuance by any other business | ||||||
24 | establishment. Each
application shall be executed and sworn to |
| |||||||
| |||||||
1 | and shall set forth the name
and description of the applicant | ||||||
2 | and place of residence.
| ||||||
3 | No hunting license shall be issued to any person born on or | ||||||
4 | after January
1,
1980
unless he presents the person authorized | ||||||
5 | to issue the license
evidence that he has held a hunting | ||||||
6 | license issued by the State of Illinois
or another state in a | ||||||
7 | prior year, or a certificate of competency as
provided in this | ||||||
8 | Section. Persons under 16 years of age may be issued a
Lifetime | ||||||
9 | Hunting or Sportsmen's Combination License as provided under | ||||||
10 | Section
20-45 of the Fish and Aquatic Life Code but shall not | ||||||
11 | be entitled to hunt
unless they have a certificate of | ||||||
12 | competency as provided in this Section and
they shall have the | ||||||
13 | certificate in their possession while hunting.
| ||||||
14 | The Department of Natural Resources shall authorize
| ||||||
15 | personnel of the
Department or certified volunteer instructors | ||||||
16 | to conduct courses, of not
less than 10 hours in length, in | ||||||
17 | firearms and hunter safety, which may include
training in bow | ||||||
18 | and arrow safety, at regularly specified intervals throughout
| ||||||
19 | the State. Persons successfully completing the course shall | ||||||
20 | receive a
certificate of competency. The Department of Natural | ||||||
21 | Resources may further
cooperate with any reputable association | ||||||
22 | or organization in establishing
courses if the organization has | ||||||
23 | as one of its objectives the promotion of
safety in the | ||||||
24 | handling of firearms or bow and arrow.
| ||||||
25 | The Department of Natural Resources shall designate any
| ||||||
26 | person found by it
to be competent to give instruction in the |
| |||||||
| |||||||
1 | handling of firearms, hunter
safety, and bow and arrow. The | ||||||
2 | persons so appointed shall give the
course of instruction and | ||||||
3 | upon the successful completion shall
issue to the person | ||||||
4 | instructed a certificate of competency in the safe
handling of | ||||||
5 | firearms, hunter safety, and bow and arrow. No charge shall
be | ||||||
6 | made for any course of instruction except for materials or | ||||||
7 | ammunition
consumed. The Department of Natural Resources shall
| ||||||
8 | furnish information on
the requirements of hunter safety | ||||||
9 | education programs to be distributed
free of charge to | ||||||
10 | applicants for hunting licenses by the persons
appointed and | ||||||
11 | authorized to issue licenses. Funds for the conducting of
| ||||||
12 | firearms and hunter safety courses shall be taken from the fee | ||||||
13 | charged
for the Firearm Owners Identification Card.
| ||||||
14 | The fee for a hunting license to hunt all species for a | ||||||
15 | resident of
Illinois is $12. For residents age 65 or older, | ||||||
16 | and, commencing with the 2012 license year, resident veterans | ||||||
17 | of the United States Armed Forces after returning from service | ||||||
18 | abroad or mobilization by the President of the United States, | ||||||
19 | the fee is one-half of the
fee charged for a hunting license to | ||||||
20 | hunt all species for a resident of
Illinois. Veterans must | ||||||
21 | provide to the Department, at one of the Department's 5 | ||||||
22 | regional offices, verification of their service. The | ||||||
23 | Department shall establish what constitutes suitable | ||||||
24 | verification of service for the purpose of issuing resident | ||||||
25 | veterans hunting
licenses at a reduced fee. The fee for a | ||||||
26 | hunting license to hunt all species shall be $1 for residents |
| |||||||
| |||||||
1 | over 75 years of age. Nonresidents shall be charged $57 for a | ||||||
2 | hunting license.
| ||||||
3 | Nonresidents may be issued a nonresident hunting license | ||||||
4 | for a
period not to exceed 10 consecutive days' hunting in the | ||||||
5 | State and shall
be charged a fee of $35.
| ||||||
6 | A special nonresident hunting license authorizing a | ||||||
7 | nonresident to
take game birds by hunting on a game breeding | ||||||
8 | and hunting preserve
area only, established under Section 3.27, | ||||||
9 | shall be issued upon proper
application being made and payment | ||||||
10 | of a fee equal to that for a resident
hunting license. The | ||||||
11 | expiration date of this license shall be on the same
date each | ||||||
12 | year that game breeding and hunting preserve
area licenses | ||||||
13 | expire.
| ||||||
14 | Each applicant for a State Migratory Waterfowl Stamp, | ||||||
15 | regardless of
his residence or other condition, shall pay a fee | ||||||
16 | of $15 and
shall receive a stamp. The fee for a State Migratory | ||||||
17 | Waterfowl Stamp shall be waived for residents over 75 years of | ||||||
18 | age. Except as provided under
Section 20-45 of the Fish and | ||||||
19 | Aquatic Life Code,
the stamp shall be signed by the person or | ||||||
20 | affixed to his license
or permit in a space designated by the | ||||||
21 | Department for that purpose.
| ||||||
22 | Each applicant for a State Habitat Stamp, regardless of his | ||||||
23 | residence
or other condition, shall pay a fee of $5 and shall | ||||||
24 | receive a
stamp. The fee for a State Habitat Stamp shall be | ||||||
25 | waived for residents over 75 years of age. Except as provided | ||||||
26 | under Section 20-45 of the Fish and Aquatic Life
Code, the |
| |||||||
| |||||||
1 | stamp shall be signed by the person or affixed to his license | ||||||
2 | or
permit in a space designated by the Department for that | ||||||
3 | purpose.
| ||||||
4 | Nothing in this Section shall be construed as to require | ||||||
5 | the purchase
of more than one State Habitat Stamp by any person | ||||||
6 | in any one license year.
| ||||||
7 | The fees for State Pheasant Stamps and State Furbearer | ||||||
8 | Stamps shall be waived for residents over 75 years of age. | ||||||
9 | The Department shall furnish the holders of hunting | ||||||
10 | licenses and stamps
with an insignia as evidence of possession | ||||||
11 | of license, or license and
stamp, as the Department may | ||||||
12 | consider advisable. The insignia shall be
exhibited and used as | ||||||
13 | the Department may order.
| ||||||
14 | All other hunting licenses and all State stamps shall | ||||||
15 | expire upon
March 31 of each year.
| ||||||
16 | Every person holding any license, permit, or stamp issued | ||||||
17 | under the
provisions of this Act shall have it in his | ||||||
18 | possession for immediate
presentation for inspection to the | ||||||
19 | officers and authorized employees of
the Department, any | ||||||
20 | sheriff, deputy sheriff, or any other peace officer making
a | ||||||
21 | demand for it. This provision shall not apply to Department | ||||||
22 | owned or
managed sites where it is required that all hunters | ||||||
23 | deposit their license or ,
permit , or Firearm Owner's | ||||||
24 | Identification Card at the check station upon
entering the | ||||||
25 | hunting areas.
| ||||||
26 | (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
| ||||||
2 | Sec. 3.2a.
Every person holding any license, permit or | ||||||
3 | stamp issued under the
provisions hereof shall have it in his | ||||||
4 | possession for immediate
presentation for inspection to the | ||||||
5 | officers and authorized employees of
the Department, any | ||||||
6 | sheriff, deputy sheriff or any other peace officer making
a | ||||||
7 | demand for it.
This provision shall not apply to Department | ||||||
8 | owned or managed sites where
it is required that all hunters | ||||||
9 | deposit their license or , permit or Firearm
Owner's | ||||||
10 | Identification Card at the check station upon entering the | ||||||
11 | hunting areas.
| ||||||
12 | (Source: P.A. 85-152.)
| ||||||
13 | Section 75. The Clerks of Courts Act is amended by changing | ||||||
14 | Section 27.3a as follows:
| ||||||
15 | (705 ILCS 105/27.3a)
| ||||||
16 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
17 | and court services operations, and State and Conservation | ||||||
18 | Police operations.
| ||||||
19 | 1. The expense of establishing and maintaining automated | ||||||
20 | record
keeping systems in the offices of the clerks of the | ||||||
21 | circuit court shall
be borne by the county. To defray such | ||||||
22 | expense in any county having
established such an automated | ||||||
23 | system or which elects to establish such a
system, the county |
| |||||||
| |||||||
1 | board may require the clerk of the circuit court in
their | ||||||
2 | county to charge and collect a court automation fee of not less | ||||||
3 | than
$1 nor more than $25 to be charged and collected by the | ||||||
4 | clerk of the court.
Such fee shall be paid at the time of | ||||||
5 | filing the first pleading, paper or
other appearance filed by | ||||||
6 | each party in all civil cases or by the defendant
in any | ||||||
7 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
8 | conservation
case upon a judgment of guilty or grant of | ||||||
9 | supervision, provided that
the record keeping system which | ||||||
10 | processes the case
category for which the fee is charged is | ||||||
11 | automated or has been approved for
automation by the county | ||||||
12 | board, and provided further that no additional fee
shall be | ||||||
13 | required if more than one party is presented in a single | ||||||
14 | pleading,
paper or other appearance. Such fee shall be | ||||||
15 | collected in the manner in
which all other fees or costs are | ||||||
16 | collected.
| ||||||
17 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
18 | Act 97-761) and pursuant to an administrative order from the | ||||||
19 | chief judge of the circuit or the presiding judge of the county | ||||||
20 | authorizing such collection, a clerk of the circuit court in | ||||||
21 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
22 | Section shall also charge and collect an additional $10 | ||||||
23 | operations fee for probation and court services department | ||||||
24 | operations. | ||||||
25 | This additional fee shall be paid by the defendant in any | ||||||
26 | felony, traffic, misdemeanor, local ordinance, or conservation |
| |||||||
| |||||||
1 | case upon a judgment of guilty or grant of supervision, except | ||||||
2 | such $10 operations fee shall not be charged and collected in | ||||||
3 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
4 | amount is $120 or less. | ||||||
5 | 1.2. With respect to the fee imposed and collected under | ||||||
6 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
7 | fees monthly to the county treasurer for deposit into the | ||||||
8 | probation and court services fund created under Section 15.1 of | ||||||
9 | the Probation and Probation Officers Act, and such monies shall | ||||||
10 | be disbursed from the fund only at the direction of the chief | ||||||
11 | judge of the circuit or another judge designated by the Chief | ||||||
12 | Circuit Judge in accordance with the policies and guidelines | ||||||
13 | approved by the Supreme Court. | ||||||
14 | 1.5. Starting on June 1, 2014, a clerk of the circuit court | ||||||
15 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
16 | this Section, shall charge and collect an additional fee in an | ||||||
17 | amount equal to the amount of the fee imposed pursuant to | ||||||
18 | subsection 1 of this Section, except the fee imposed under this | ||||||
19 | subsection may not be more than $15. This additional fee shall | ||||||
20 | be paid by the defendant in any felony, traffic, misdemeanor, | ||||||
21 | or local ordinance case upon a judgment of guilty or grant of | ||||||
22 | supervision. This fee shall not be paid by the defendant for | ||||||
23 | any violation listed in subsection 1.6 of this Section. | ||||||
24 | 1.6. Starting on June 1, 2014, a clerk of the circuit court | ||||||
25 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
26 | this Section shall charge and collect an additional fee in an |
| |||||||
| |||||||
1 | amount equal to the amount of the fee imposed pursuant to | ||||||
2 | subsection 1 of this Section, except the fee imposed under this | ||||||
3 | subsection may not be more than $15. This additional fee shall | ||||||
4 | be paid by the defendant upon a judgment of guilty or grant of | ||||||
5 | supervision for a violation under the State Parks Act, the | ||||||
6 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
7 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
8 | Transportation Act, the Firearm Owners Identification Card | ||||||
9 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
10 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
11 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
12 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
13 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
14 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
15 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
16 | State Forest Act, the Water Use Act of 1983, the Illinois | ||||||
17 | Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||||||
18 | Snowmobile Registration and Safety Act, the Boat Registration | ||||||
19 | and Safety Act, the Illinois Dangerous Animals Act, the Hunter | ||||||
20 | and Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
21 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
22 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
23 | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||||||
24 | Criminal Code of 2012. | ||||||
25 | 2. With respect to the fee imposed under subsection 1 of | ||||||
26 | this Section, each clerk shall commence such charges and |
| |||||||
| |||||||
1 | collections upon receipt
of written notice from the chairman of | ||||||
2 | the county board together with a
certified copy of the board's | ||||||
3 | resolution, which the clerk shall file of
record in his office.
| ||||||
4 | 3. With respect to the fee imposed under subsection 1 of | ||||||
5 | this Section, such fees shall be in addition to all other fees | ||||||
6 | and charges of such
clerks, and assessable as costs, and may be | ||||||
7 | waived only if the judge
specifically provides for the waiver | ||||||
8 | of the court automation fee. The
fees shall be remitted monthly | ||||||
9 | by such clerk to the county treasurer, to be
retained by him in | ||||||
10 | a special fund designated as the court automation fund.
The | ||||||
11 | fund shall be audited by the county auditor, and the board | ||||||
12 | shall make
expenditure from the fund in payment of any cost | ||||||
13 | related to the automation
of court records, including hardware, | ||||||
14 | software, research and development
costs and personnel related | ||||||
15 | thereto, provided that the expenditure is
approved by the clerk | ||||||
16 | of the court and by the chief judge of the circuit
court or his | ||||||
17 | designate.
| ||||||
18 | 4. With respect to the fee imposed under subsection 1 of | ||||||
19 | this Section, such fees shall not be charged in any matter | ||||||
20 | coming to any such clerk
on change of venue, nor in any | ||||||
21 | proceeding to review the decision of any
administrative | ||||||
22 | officer, agency or body.
| ||||||
23 | 5. With respect to the additional fee imposed under | ||||||
24 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
25 | the circuit clerk to the State Treasurer within one month after | ||||||
26 | receipt for deposit into the State Police Operations Assistance |
| |||||||
| |||||||
1 | Fund. | ||||||
2 | 6. With respect to the additional fees imposed under | ||||||
3 | subsection 1.5 of this Section, the Director of State Police | ||||||
4 | may direct the use of these fees for homeland security purposes | ||||||
5 | by transferring these fees on a quarterly basis from the State | ||||||
6 | Police Operations Assistance Fund into the Illinois Law | ||||||
7 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
8 | initiatives programs. The transferred fees shall be allocated, | ||||||
9 | subject to the approval of the ILEAS Executive Board, as | ||||||
10 | follows: (i) 66.6% shall be used for homeland security | ||||||
11 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
12 | operations. The ILEAS Executive Board shall annually supply the | ||||||
13 | Director of State Police with a report of the use of these | ||||||
14 | fees. | ||||||
15 | 7. With respect to the additional fee imposed under | ||||||
16 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
17 | the circuit clerk to the State Treasurer within one month after | ||||||
18 | receipt for deposit into the Conservation Police Operations | ||||||
19 | Assistance Fund. | ||||||
20 | (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738, | ||||||
21 | eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12; | ||||||
22 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff. | ||||||
23 | 8-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.) | ||||||
24 | Section 80. The Criminal Code of 2012 is amended by | ||||||
25 | changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, |
| |||||||
| |||||||
1 | 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, | ||||||
2 | 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
| ||||||
3 | (720 ILCS 5/2-7.1)
| ||||||
4 | Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". | ||||||
5 | "Firearm
"Firearm" and "firearm
ammunition" means any | ||||||
6 | self-contained cartridge or shotgun shell, by whatever name | ||||||
7 | known, which is designed to be used or adaptable to use in a | ||||||
8 | firearm; excluding, however: | ||||||
9 | (1) any ammunition exclusively designed for use with
a | ||||||
10 | device used exclusively for signalling or safety and required | ||||||
11 | or recommended by the United States Coast Guard or the | ||||||
12 | Interstate Commerce Commission; and | ||||||
13 | (2) any ammunition designed exclusively for use with
a stud | ||||||
14 | or rivet driver or other similar industrial ammunition
have the | ||||||
15 | meanings ascribed to them in Section 1.1 of the Firearm
Owners | ||||||
16 | Identification Card Act .
| ||||||
17 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
18 | (720 ILCS 5/2-7.5)
| ||||||
19 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
20 | specific
Section, "firearm" means any device, by whatever name | ||||||
21 | known, which is designed to expel a projectile or projectiles | ||||||
22 | by the action of an explosion, expansion of gas or escape of | ||||||
23 | gas; excluding, however: | ||||||
24 | (1) any pneumatic gun, spring gun, paint ball gun, or B-B |
| |||||||
| |||||||
1 | gun which
expels a single globular projectile not exceeding .18 | ||||||
2 | inch in
diameter or which has a maximum muzzle velocity of less | ||||||
3 | than 700 feet
per second; | ||||||
4 | (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B | ||||||
5 | gun which expels breakable paint balls containing washable | ||||||
6 | marking colors; | ||||||
7 | (2) any device used exclusively for signalling or
safety | ||||||
8 | and required or recommended by the United States Coast Guard or | ||||||
9 | the Interstate Commerce Commission; | ||||||
10 | (3) any device used exclusively for the firing of
stud | ||||||
11 | cartridges, explosive rivets, or similar industrial | ||||||
12 | ammunition; and | ||||||
13 | (4) an antique firearm (other than a machine-gun)
which, | ||||||
14 | although designed as a weapon, the Department of State Police | ||||||
15 | finds by reason of the date of its manufacture, value, design, | ||||||
16 | and other characteristics is primarily a collector's item and | ||||||
17 | is not likely to be used as a weapon has the meaning ascribed | ||||||
18 | to it in Section 1.1 of the
Firearm Owners Identification Card | ||||||
19 | Act .
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
21 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
22 | Sec. 12-3.05. Aggravated battery.
| ||||||
23 | (a) Offense based on injury. A person commits aggravated | ||||||
24 | battery when, in committing a battery, other than by the | ||||||
25 | discharge of a firearm, he or she knowingly does any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Causes great bodily harm or permanent disability or | ||||||
3 | disfigurement. | ||||||
4 | (2) Causes severe and permanent disability, great | ||||||
5 | bodily harm, or disfigurement by means of a caustic or | ||||||
6 | flammable substance, a poisonous gas, a deadly biological | ||||||
7 | or chemical contaminant or agent, a radioactive substance, | ||||||
8 | or a bomb or explosive compound. | ||||||
9 | (3) Causes great bodily harm or permanent disability or | ||||||
10 | disfigurement to an individual whom the person knows to be | ||||||
11 | a peace officer, community policing volunteer, fireman, | ||||||
12 | private security officer, correctional institution | ||||||
13 | employee, or Department of Human Services employee | ||||||
14 | supervising or controlling sexually dangerous persons or | ||||||
15 | sexually violent persons: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (4) Causes great bodily harm or permanent disability or | ||||||
22 | disfigurement to an individual 60 years of age or older. | ||||||
23 | (5) Strangles another individual. | ||||||
24 | (b) Offense based on injury to a child or intellectually | ||||||
25 | disabled person. A person who is at least 18 years of age | ||||||
26 | commits aggravated battery when, in committing a battery, he or |
| |||||||
| |||||||
1 | she knowingly and without legal justification by any means: | ||||||
2 | (1) causes great bodily harm or permanent disability or | ||||||
3 | disfigurement to any child under the age of 13 years, or to | ||||||
4 | any severely or profoundly intellectually disabled person; | ||||||
5 | or | ||||||
6 | (2) causes bodily harm or disability or disfigurement | ||||||
7 | to any child under the age of 13 years or to any severely | ||||||
8 | or profoundly intellectually disabled person. | ||||||
9 | (c) Offense based on location of conduct. A person commits | ||||||
10 | aggravated battery when, in committing a battery, other than by | ||||||
11 | the discharge of a firearm, he or she is or the person battered | ||||||
12 | is on or about a public way, public property, a public place of | ||||||
13 | accommodation or amusement, a sports venue, or a domestic | ||||||
14 | violence shelter. | ||||||
15 | (d) Offense based on status of victim. A person commits | ||||||
16 | aggravated battery when, in committing a battery, other than by | ||||||
17 | discharge of a firearm, he or she knows the individual battered | ||||||
18 | to be any of the following: | ||||||
19 | (1) A person 60 years of age or older. | ||||||
20 | (2) A person who is pregnant or physically handicapped. | ||||||
21 | (3) A teacher or school employee upon school grounds or | ||||||
22 | grounds adjacent to a school or in any part of a building | ||||||
23 | used for school purposes. | ||||||
24 | (4) A peace officer, community policing volunteer, | ||||||
25 | fireman, private security officer, correctional | ||||||
26 | institution employee, or Department of Human Services |
| |||||||
| |||||||
1 | employee supervising or controlling sexually dangerous | ||||||
2 | persons or sexually violent persons: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) battered to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) battered in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (5) A judge, emergency management worker, emergency | ||||||
9 | medical technician, or utility worker: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) battered to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) battered in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (6) An officer or employee of the State of Illinois, a | ||||||
16 | unit of local government, or a school district, while | ||||||
17 | performing his or her official duties. | ||||||
18 | (7) A transit employee performing his or her official | ||||||
19 | duties, or a transit passenger. | ||||||
20 | (8) A taxi driver on duty. | ||||||
21 | (9) A merchant who detains the person for an alleged | ||||||
22 | commission of retail theft under Section 16-26 of this Code | ||||||
23 | and the person without legal justification by any means | ||||||
24 | causes bodily harm to the merchant. | ||||||
25 | (10) A person authorized to serve process under Section | ||||||
26 | 2-202 of the Code of Civil Procedure or a special process |
| |||||||
| |||||||
1 | server appointed by the circuit court while that individual | ||||||
2 | is in the performance of his or her duties as a process | ||||||
3 | server. | ||||||
4 | (11) A nurse while in the performance of his or her | ||||||
5 | duties as a nurse. | ||||||
6 | (e) Offense based on use of a firearm. A person commits | ||||||
7 | aggravated battery when, in committing a battery, he or she | ||||||
8 | knowingly does any of the following: | ||||||
9 | (1) Discharges a firearm, other than a machine gun or a | ||||||
10 | firearm equipped with a silencer, and causes any injury to | ||||||
11 | another person. | ||||||
12 | (2) Discharges a firearm, other than a machine gun or a | ||||||
13 | firearm equipped with a silencer, and causes any injury to | ||||||
14 | a person he or she knows to be a peace officer, community | ||||||
15 | policing volunteer, person summoned by a police officer, | ||||||
16 | fireman, private security officer, correctional | ||||||
17 | institution employee, or emergency management worker: | ||||||
18 | (i) performing his or her official duties; | ||||||
19 | (ii) battered to prevent performance of his or her | ||||||
20 | official duties; or | ||||||
21 | (iii) battered in retaliation for performing his | ||||||
22 | or her official duties. | ||||||
23 | (3) Discharges a firearm, other than a machine gun or a | ||||||
24 | firearm equipped with a silencer, and causes any injury to | ||||||
25 | a person he or she knows to be an emergency medical | ||||||
26 | technician employed by a municipality or other |
| |||||||
| |||||||
1 | governmental unit: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) battered to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) battered in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (4) Discharges a firearm and causes any injury to a | ||||||
8 | person he or she knows to be a teacher, a student in a | ||||||
9 | school, or a school employee, and the teacher, student, or | ||||||
10 | employee is upon school grounds or grounds adjacent to a | ||||||
11 | school or in any part of a building used for school | ||||||
12 | purposes. | ||||||
13 | (5) Discharges a machine gun or a firearm equipped with | ||||||
14 | a silencer, and causes any injury to another person. | ||||||
15 | (6) Discharges a machine gun or a firearm equipped with | ||||||
16 | a silencer, and causes any injury to a person he or she | ||||||
17 | knows to be a peace officer, community policing volunteer, | ||||||
18 | person summoned by a police officer, fireman, private | ||||||
19 | security officer, correctional institution employee or | ||||||
20 | emergency management worker: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) battered to prevent performance of his or her | ||||||
23 | official duties; or | ||||||
24 | (iii) battered in retaliation for performing his | ||||||
25 | or her official duties. | ||||||
26 | (7) Discharges a machine gun or a firearm equipped with |
| |||||||
| |||||||
1 | a silencer, and causes any injury to a person he or she | ||||||
2 | knows to be an emergency medical technician employed by a | ||||||
3 | municipality or other governmental unit: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) battered to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) battered in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (8) Discharges a machine gun or a firearm equipped with | ||||||
10 | a silencer, and causes any injury to a person he or she | ||||||
11 | knows to be a teacher, or a student in a school, or a | ||||||
12 | school employee, and the teacher, student, or employee is | ||||||
13 | upon school grounds or grounds adjacent to a school or in | ||||||
14 | any part of a building used for school purposes. | ||||||
15 | (f) Offense based on use of a weapon or device. A person | ||||||
16 | commits aggravated battery when, in committing a battery, he or | ||||||
17 | she does any of the following: | ||||||
18 | (1) Uses a deadly weapon other than by discharge of a | ||||||
19 | firearm, or uses an air rifle as defined in Section | ||||||
20 | 24.8-0.1 of this Code. | ||||||
21 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
22 | identity. | ||||||
23 | (3) Knowingly and without lawful justification shines | ||||||
24 | or flashes a laser gunsight or other laser device attached | ||||||
25 | to a firearm, or used in concert with a firearm, so that | ||||||
26 | the laser beam strikes upon or against the person of |
| |||||||
| |||||||
1 | another. | ||||||
2 | (4) Knowingly video or audio records the offense with | ||||||
3 | the intent to disseminate the recording. | ||||||
4 | (g) Offense based on certain conduct. A person commits | ||||||
5 | aggravated battery when, other than by discharge of a firearm, | ||||||
6 | he or she does any of the following: | ||||||
7 | (1) Violates Section 401 of the Illinois Controlled | ||||||
8 | Substances Act by unlawfully delivering a controlled | ||||||
9 | substance to another and any user experiences great bodily | ||||||
10 | harm or permanent disability as a result of the injection, | ||||||
11 | inhalation, or ingestion of any amount of the controlled | ||||||
12 | substance. | ||||||
13 | (2) Knowingly administers to an individual or causes | ||||||
14 | him or her to take, without his or her consent or by threat | ||||||
15 | or deception, and for other than medical purposes, any | ||||||
16 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
17 | or controlled substance, or gives to another person any | ||||||
18 | food containing any substance or object intended to cause | ||||||
19 | physical injury if eaten. | ||||||
20 | (3) Knowingly causes or attempts to cause a | ||||||
21 | correctional institution employee or Department of Human | ||||||
22 | Services employee to come into contact with blood, seminal | ||||||
23 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
24 | the fluid or material, and the person is an inmate of a | ||||||
25 | penal institution or is a sexually dangerous person or | ||||||
26 | sexually violent person in the custody of the Department of |
| |||||||
| |||||||
1 | Human Services. | ||||||
2 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
3 | battery is a Class 3 felony. | ||||||
4 | Aggravated battery as defined in subdivision (a)(4), | ||||||
5 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
6 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
7 | (g)(1) is a Class 1 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
9 | Class 1 felony when the aggravated battery was intentional and | ||||||
10 | involved the infliction of torture, as defined in paragraph | ||||||
11 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
12 | infliction of or subjection to extreme physical pain, motivated | ||||||
13 | by an intent to increase or prolong the pain, suffering, or | ||||||
14 | agony of the victim. | ||||||
15 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
16 | felony if: | ||||||
17 | (A) the person used or attempted to use a dangerous
| ||||||
18 | instrument while committing the offense; or | ||||||
19 | (B) the person caused great bodily harm or
permanent | ||||||
20 | disability or disfigurement to the other
person while | ||||||
21 | committing the offense; or | ||||||
22 | (C) the person has been previously convicted of a
| ||||||
23 | violation of subdivision (a)(5) under the laws of this
| ||||||
24 | State or laws similar to subdivision (a)(5) of any other
| ||||||
25 | state. | ||||||
26 | Aggravated battery as defined in subdivision (e)(1) is a |
| |||||||
| |||||||
1 | Class X felony. | ||||||
2 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
3 | Class X felony for which a person shall be sentenced to a term | ||||||
4 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
5 | years. | ||||||
6 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
7 | Class X felony for which a person shall be sentenced to a term | ||||||
8 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
9 | years. | ||||||
10 | Aggravated battery as defined in subdivision (e)(2), | ||||||
11 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
12 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
13 | and a maximum of 60 years. | ||||||
14 | Aggravated battery as defined in subdivision (e)(6), | ||||||
15 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
16 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
17 | and a maximum of 60 years. | ||||||
18 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
19 | Class X felony, except that: | ||||||
20 | (1) if the person committed the offense while armed | ||||||
21 | with a firearm, 15 years shall be added to the term of | ||||||
22 | imprisonment imposed by the court; | ||||||
23 | (2) if, during the commission of the offense, the | ||||||
24 | person personally discharged a firearm, 20 years shall be | ||||||
25 | added to the term of imprisonment imposed by the court; | ||||||
26 | (3) if, during the commission of the offense, the |
| |||||||
| |||||||
1 | person personally discharged a firearm that proximately | ||||||
2 | caused great bodily harm, permanent disability, permanent | ||||||
3 | disfigurement, or death to another person, 25 years or up | ||||||
4 | to a term of natural life shall be added to the term of | ||||||
5 | imprisonment imposed by the court. | ||||||
6 | (i) Definitions. For the purposes of this Section: | ||||||
7 | "Building or other structure used to provide shelter" has | ||||||
8 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
9 | Violence Shelters Act. | ||||||
10 | "Domestic violence" has the meaning ascribed to it in | ||||||
11 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
12 | "Domestic violence shelter" means any building or other | ||||||
13 | structure used to provide shelter or other services to victims | ||||||
14 | or to the dependent children of victims of domestic violence | ||||||
15 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
16 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
17 | such a building or other structure in the case of a person who | ||||||
18 | is going to or from such a building or other structure. | ||||||
19 | "Firearm" has the meaning provided under Section 2-7.5 of | ||||||
20 | this Code 1.1
of the Firearm Owners Identification Card Act , | ||||||
21 | and does
not include an air rifle as defined by Section | ||||||
22 | 24.8-0.1 of this Code. | ||||||
23 | "Machine gun" has the meaning ascribed to it in Section | ||||||
24 | 24-1 of this Code. | ||||||
25 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
26 | of this Code. |
| |||||||
| |||||||
1 | "Strangle" means
intentionally impeding the normal | ||||||
2 | breathing or circulation of the blood of an individual by | ||||||
3 | applying pressure on the throat
or neck of that individual or | ||||||
4 | by blocking the nose or mouth of
that individual.
| ||||||
5 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. | ||||||
6 | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, | ||||||
7 | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
8 | eff. 7-16-14.)
| ||||||
9 | (720 ILCS 5/16-0.1) | ||||||
10 | Sec. 16-0.1. Definitions. In this Article, unless the | ||||||
11 | context clearly requires otherwise, the following terms are | ||||||
12 | defined as indicated: | ||||||
13 | "Access" means to use, instruct, communicate with, store | ||||||
14 | data in, retrieve or intercept data from, or otherwise utilize | ||||||
15 | any services of a computer. | ||||||
16 | "Coin-operated machine" includes any automatic vending | ||||||
17 | machine or any part thereof, parking meter, coin telephone, | ||||||
18 | coin-operated transit turnstile, transit fare box, coin | ||||||
19 | laundry machine, coin dry cleaning machine, amusement machine, | ||||||
20 | music machine, vending machine dispensing goods or services, or | ||||||
21 | money changer. | ||||||
22 | "Communication device" means any type of instrument, | ||||||
23 | device, machine, or equipment which is capable of transmitting, | ||||||
24 | acquiring, decrypting, or receiving any telephonic, | ||||||
25 | electronic, data, Internet access, audio, video, microwave, or |
| |||||||
| |||||||
1 | radio transmissions, signals, communications, or services, | ||||||
2 | including the receipt, acquisition, transmission, or | ||||||
3 | decryption of all such communications, transmissions, signals, | ||||||
4 | or services provided by or through any cable television, fiber | ||||||
5 | optic, telephone, satellite, microwave, radio, Internet-based, | ||||||
6 | data transmission, or wireless distribution network, system or | ||||||
7 | facility; or any part, accessory, or component thereof, | ||||||
8 | including any computer circuit, security module, smart card, | ||||||
9 | software, computer chip, electronic mechanism or other | ||||||
10 | component, accessory or part of any communication device which | ||||||
11 | is capable of facilitating the transmission, decryption, | ||||||
12 | acquisition or reception of all such communications, | ||||||
13 | transmissions, signals, or services. | ||||||
14 | "Communication service" means any service lawfully | ||||||
15 | provided for a charge or compensation to facilitate the lawful | ||||||
16 | origination, transmission, emission, or reception of signs, | ||||||
17 | signals, data, writings, images, and sounds or intelligence of | ||||||
18 | any nature by telephone, including cellular telephones or a | ||||||
19 | wire, wireless, radio, electromagnetic, photo-electronic or | ||||||
20 | photo-optical system; and also any service lawfully provided by | ||||||
21 | any radio, telephone, cable television, fiber optic, | ||||||
22 | satellite, microwave, Internet-based or wireless distribution | ||||||
23 | network, system, facility or technology, including, but not | ||||||
24 | limited to, any and all electronic, data, video, audio, | ||||||
25 | Internet access, telephonic, microwave and radio | ||||||
26 | communications, transmissions, signals and services, and any |
| |||||||
| |||||||
1 | such communications, transmissions, signals and services | ||||||
2 | lawfully provided directly or indirectly by or through any of | ||||||
3 | those networks, systems, facilities or technologies. | ||||||
4 | "Communication service provider" means: (1) any person or | ||||||
5 | entity providing any communication service, whether directly | ||||||
6 | or indirectly, as a reseller, including, but not limited to, a | ||||||
7 | cellular, paging or other wireless communications company or | ||||||
8 | other person or entity which, for a fee, supplies the facility, | ||||||
9 | cell site, mobile telephone switching office or other equipment | ||||||
10 | or communication service; (2) any person or entity owning or | ||||||
11 | operating any cable television, fiber optic, satellite, | ||||||
12 | telephone, wireless, microwave, radio, data transmission or | ||||||
13 | Internet-based distribution network, system or facility; and | ||||||
14 | (3) any person or entity providing any communication service | ||||||
15 | directly or indirectly by or through any such distribution | ||||||
16 | system, network or facility. | ||||||
17 | "Computer" means a device that accepts, processes, stores, | ||||||
18 | retrieves or outputs data, and includes but is not limited to | ||||||
19 | auxiliary storage and telecommunications devices connected to | ||||||
20 | computers. | ||||||
21 | "Continuing
course of conduct" means a series of acts, and | ||||||
22 | the accompanying
mental state necessary for the crime in | ||||||
23 | question, irrespective
of whether the series of acts are | ||||||
24 | continuous or intermittent. | ||||||
25 | "Delivery container" means any bakery basket of wire or | ||||||
26 | plastic used to transport or store bread or bakery products, |
| |||||||
| |||||||
1 | any dairy case of wire or plastic used to transport or store | ||||||
2 | dairy products, and any dolly or cart of 2 or 4 wheels used to | ||||||
3 | transport or store any bakery or dairy product. | ||||||
4 | "Document-making implement" means any implement, | ||||||
5 | impression, template, computer file, computer disc, electronic | ||||||
6 | device, computer hardware, computer software, instrument, or | ||||||
7 | device that is used to make a real or fictitious or fraudulent | ||||||
8 | personal identification document. | ||||||
9 | "Financial transaction device" means any of the following: | ||||||
10 | (1) An electronic funds transfer card. | ||||||
11 | (2) A credit card. | ||||||
12 | (3) A debit card. | ||||||
13 | (4) A point-of-sale card. | ||||||
14 | (5) Any instrument, device, card, plate, code, account | ||||||
15 | number, personal identification number, or a record or copy | ||||||
16 | of a code, account number, or personal identification | ||||||
17 | number or other means of access to a credit account or | ||||||
18 | deposit account, or a driver's license or State | ||||||
19 | identification card used to access a proprietary account, | ||||||
20 | other than access originated solely by a paper instrument, | ||||||
21 | that can be used alone or in conjunction with another | ||||||
22 | access device, for any of the following purposes: | ||||||
23 | (A) Obtaining money, cash refund or credit | ||||||
24 | account, credit, goods, services, or any other thing of | ||||||
25 | value. | ||||||
26 | (B) Certifying or guaranteeing to a person or |
| |||||||
| |||||||
1 | business the availability to the device holder of funds | ||||||
2 | on deposit to honor a draft or check payable to the | ||||||
3 | order of that person or business. | ||||||
4 | (C) Providing the device holder access to a deposit | ||||||
5 | account for the purpose of making deposits, | ||||||
6 | withdrawing funds, transferring funds between deposit | ||||||
7 | accounts, obtaining information pertaining to a | ||||||
8 | deposit account, or making an electronic funds | ||||||
9 | transfer. | ||||||
10 | "Full retail value" means the merchant's stated or | ||||||
11 | advertised price of the merchandise. "Full
retail value" | ||||||
12 | includes the aggregate value of property obtained
from retail | ||||||
13 | thefts committed by the same person as part of a
continuing | ||||||
14 | course of conduct from one or more mercantile
establishments in | ||||||
15 | a single transaction or in separate
transactions over a period | ||||||
16 | of one year. | ||||||
17 | "Internet" means an interactive computer service or system | ||||||
18 | or an information service, system, or access software provider | ||||||
19 | that provides or enables computer access by multiple users to a | ||||||
20 | computer server, and includes, but is not limited to, an | ||||||
21 | information service, system, or access software provider that | ||||||
22 | provides access to a network system commonly known as the | ||||||
23 | Internet, or any comparable system or service and also | ||||||
24 | includes, but is not limited to, a World Wide Web page, | ||||||
25 | newsgroup, message board, mailing list, or chat area on any | ||||||
26 | interactive computer service or system or other online service. |
| |||||||
| |||||||
1 | "Library card" means a card or plate issued by a library | ||||||
2 | facility for purposes of identifying the person to whom the | ||||||
3 | library card was issued as authorized to borrow library | ||||||
4 | material, subject to all limitations and conditions imposed on | ||||||
5 | the borrowing by the library facility issuing such card. | ||||||
6 | "Library facility" includes any public library or museum, | ||||||
7 | or any library or museum of an educational, historical or | ||||||
8 | eleemosynary institution, organization or society. | ||||||
9 | "Library material" includes any book, plate, picture, | ||||||
10 | photograph, engraving, painting, sculpture, statue, artifact, | ||||||
11 | drawing, map, newspaper, pamphlet, broadside, magazine, | ||||||
12 | manuscript, document, letter, microfilm, sound recording, | ||||||
13 | audiovisual material, magnetic or other tape, electronic data | ||||||
14 | processing record or other documentary, written or printed | ||||||
15 | material regardless of physical form or characteristics, or any | ||||||
16 | part thereof, belonging to, or on loan to or otherwise in the | ||||||
17 | custody of a library facility. | ||||||
18 | "Manufacture or assembly of an unlawful access device" | ||||||
19 | means to make, produce or assemble an unlawful access device or | ||||||
20 | to modify, alter, program or re-program any instrument, device, | ||||||
21 | machine, equipment or software so that it is capable of | ||||||
22 | defeating or circumventing any technology, device or software | ||||||
23 | used by the provider, owner or licensee of a communication | ||||||
24 | service or of any data, audio or video programs or | ||||||
25 | transmissions to protect any such communication, data, audio or | ||||||
26 | video services, programs or transmissions from unauthorized |
| |||||||
| |||||||
1 | access, acquisition, disclosure, receipt, decryption, | ||||||
2 | communication, transmission or re-transmission. | ||||||
3 | "Manufacture or assembly of an unlawful communication | ||||||
4 | device" means to make, produce or assemble an unlawful | ||||||
5 | communication or wireless device or to modify, alter, program | ||||||
6 | or reprogram a communication or wireless device to be capable | ||||||
7 | of acquiring, disrupting, receiving, transmitting, decrypting, | ||||||
8 | or facilitating the acquisition, disruption, receipt, | ||||||
9 | transmission or decryption of, a communication service without | ||||||
10 | the express consent or express authorization of the | ||||||
11 | communication service provider, or to knowingly assist others | ||||||
12 | in those activities. | ||||||
13 | "Master sound recording" means the original physical | ||||||
14 | object on which a given set of sounds were first recorded and | ||||||
15 | which the original object from which all subsequent sound | ||||||
16 | recordings embodying the same set of sounds are directly or | ||||||
17 | indirectly derived. | ||||||
18 | "Merchandise" means any item of tangible personal | ||||||
19 | property, including motor fuel. | ||||||
20 | "Merchant" means an owner or operator of any retail | ||||||
21 | mercantile establishment or any agent, employee, lessee, | ||||||
22 | consignee, officer, director, franchisee, or independent | ||||||
23 | contractor of the owner or operator. "Merchant" also means a | ||||||
24 | person who receives from an authorized user of a payment card, | ||||||
25 | or someone the person believes to be an authorized user, a | ||||||
26 | payment card or information from a payment card, or what the |
| |||||||
| |||||||
1 | person believes to be a payment card or information from a | ||||||
2 | payment card, as the instrument for obtaining, purchasing or | ||||||
3 | receiving goods, services, money, or anything else of value | ||||||
4 | from the person. | ||||||
5 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
6 | used to propel a vehicle, including gasoline and diesel. | ||||||
7 | "Online" means the use of any electronic or wireless device | ||||||
8 | to access the Internet. | ||||||
9 | "Payment card" means a credit card, charge card, debit | ||||||
10 | card, or any other card that is issued to an authorized card | ||||||
11 | user and that allows the user to obtain, purchase, or receive | ||||||
12 | goods, services, money, or anything else of value from a | ||||||
13 | merchant. | ||||||
14 | "Person with a disability" means a person who
suffers from | ||||||
15 | a physical or mental impairment resulting from
disease, injury, | ||||||
16 | functional disorder or congenital condition that impairs the
| ||||||
17 | individual's mental or physical ability to independently | ||||||
18 | manage his or her
property or financial resources, or both. | ||||||
19 | "Personal identification document" means a birth | ||||||
20 | certificate, a driver's license, a State identification card, a | ||||||
21 | public, government, or private employment identification card, | ||||||
22 | a social security card, a license issued under the Firearm | ||||||
23 | Concealed Carry Act firearm owner's identification card , a | ||||||
24 | credit card, a debit card, or a passport issued to or on behalf | ||||||
25 | of a person other than the offender, or any document made or | ||||||
26 | issued, or falsely purported to have been made or issued, by or |
| |||||||
| |||||||
1 | under the authority of the United States Government, the State | ||||||
2 | of Illinois, or any other state political subdivision of any | ||||||
3 | state, or any other governmental or quasi-governmental | ||||||
4 | organization that is of a type intended for the purpose of | ||||||
5 | identification of an individual, or any such document made or | ||||||
6 | altered in a manner that it falsely purports to have been made | ||||||
7 | on behalf of or issued to another person or by the authority of | ||||||
8 | one who did not give that authority. | ||||||
9 | "Personal identifying information" means any of the | ||||||
10 | following information: | ||||||
11 | (1) A person's name. | ||||||
12 | (2) A person's address. | ||||||
13 | (3) A person's date of birth. | ||||||
14 | (4) A person's telephone number. | ||||||
15 | (5) A person's driver's license number or State of | ||||||
16 | Illinois identification card as assigned by the Secretary | ||||||
17 | of State of the State of Illinois or a similar agency of | ||||||
18 | another state. | ||||||
19 | (6) A person's social security number. | ||||||
20 | (7) A person's public, private, or government | ||||||
21 | employer, place of employment, or employment | ||||||
22 | identification number. | ||||||
23 | (8) The maiden name of a person's mother. | ||||||
24 | (9) The number assigned to a person's depository | ||||||
25 | account, savings account, or brokerage account. | ||||||
26 | (10) The number assigned to a person's credit or debit |
| |||||||
| |||||||
1 | card, commonly known as a "Visa Card", "MasterCard", | ||||||
2 | "American Express Card", "Discover Card", or other similar | ||||||
3 | cards whether issued by a financial institution, | ||||||
4 | corporation, or business entity. | ||||||
5 | (11) Personal identification numbers. | ||||||
6 | (12) Electronic identification numbers. | ||||||
7 | (13) Digital signals. | ||||||
8 | (14) User names, passwords, and any other word, number, | ||||||
9 | character or combination of the same usable in whole or | ||||||
10 | part to access information relating to a specific | ||||||
11 | individual, or to the actions taken, communications made or | ||||||
12 | received, or other activities or transactions of a specific | ||||||
13 | individual. | ||||||
14 | (15) Any other numbers or information which can be used | ||||||
15 | to access a person's financial resources, or to identify a | ||||||
16 | specific individual, or the actions taken, communications | ||||||
17 | made or received, or other activities or transactions of a | ||||||
18 | specific individual. | ||||||
19 | "Premises of a retail mercantile establishment" includes, | ||||||
20 | but is not limited to, the retail mercantile establishment; any | ||||||
21 | common use areas in shopping centers; and all parking areas set | ||||||
22 | aside by a merchant or on behalf of a merchant for the parking | ||||||
23 | of vehicles for the convenience of the patrons of such retail | ||||||
24 | mercantile establishment. | ||||||
25 | "Public water, gas, or power supply, or other public | ||||||
26 | services" mean any service subject to regulation by the |
| |||||||
| |||||||
1 | Illinois Commerce Commission; any service furnished by a public | ||||||
2 | utility that is owned and operated by any political | ||||||
3 | subdivision, public institution of higher education or | ||||||
4 | municipal corporation of this State; any service furnished by | ||||||
5 | any public utility that is owned by such political subdivision, | ||||||
6 | public institution of higher education, or municipal | ||||||
7 | corporation and operated by any of its lessees or operating | ||||||
8 | agents; any service furnished by an electric cooperative as | ||||||
9 | defined in Section 3.4 of the Electric Supplier Act; or | ||||||
10 | wireless service or other service regulated by the Federal | ||||||
11 | Communications Commission. | ||||||
12 | "Publish" means to communicate or disseminate information | ||||||
13 | to any one or more persons, either orally, in person, or by | ||||||
14 | telephone, radio or television or in writing of any kind, | ||||||
15 | including, without limitation, a letter or memorandum, | ||||||
16 | circular or handbill, newspaper or magazine article or book. | ||||||
17 | "Radio frequency identification device" means any | ||||||
18 | implement, computer file, computer disc, electronic device, | ||||||
19 | computer hardware, computer software, or instrument that is | ||||||
20 | used to activate, read, receive, or decode information stored | ||||||
21 | on a RFID tag or transponder attached to a personal | ||||||
22 | identification document. | ||||||
23 | "RFID tag or transponder" means a chip or device that | ||||||
24 | contains personal identifying information from which the | ||||||
25 | personal identifying information can be read or decoded by | ||||||
26 | another device emitting a radio frequency that activates or |
| |||||||
| |||||||
1 | powers a radio frequency emission response from the chip or | ||||||
2 | transponder. | ||||||
3 | "Reencoder" means an electronic device that places encoded | ||||||
4 | information from the magnetic strip or stripe of a payment card | ||||||
5 | onto the magnetic strip or stripe of a different payment card. | ||||||
6 | "Retail mercantile establishment" means any place where | ||||||
7 | merchandise is displayed, held, stored or offered for sale to | ||||||
8 | the public. | ||||||
9 | "Scanning device" means a scanner, reader, or any other | ||||||
10 | electronic device that is used to access, read, scan, obtain, | ||||||
11 | memorize, or store, temporarily or permanently, information | ||||||
12 | encoded on the magnetic strip or stripe of a payment card. | ||||||
13 | "Shopping cart" means those push carts of the type or types | ||||||
14 | which are commonly provided by grocery stores, drug stores or | ||||||
15 | other retail mercantile establishments for the use of the | ||||||
16 | public in transporting commodities in stores and markets and, | ||||||
17 | incidentally, from the stores to a place outside the store. | ||||||
18 | "Sound or audio visual recording" means any sound or audio | ||||||
19 | visual phonograph record, disc, pre-recorded tape, film, wire, | ||||||
20 | magnetic tape or other object, device or medium, now known or | ||||||
21 | hereafter invented, by which sounds or images may be reproduced | ||||||
22 | with or without the use of any additional machine, equipment or | ||||||
23 | device. | ||||||
24 | "Theft detection device remover" means any tool or device | ||||||
25 | specifically designed and intended to be used to remove any | ||||||
26 | theft detection device from any merchandise. |
| |||||||
| |||||||
1 | "Under-ring" means to cause the cash register or other | ||||||
2 | sales recording device to reflect less than the full retail | ||||||
3 | value of the merchandise. | ||||||
4 | "Unidentified sound or audio visual recording" means a | ||||||
5 | sound or audio visual recording without the actual name and | ||||||
6 | full and correct street address of the manufacturer, and the | ||||||
7 | name of the actual performers or groups prominently and legibly | ||||||
8 | printed on the outside cover or jacket and on the label of such | ||||||
9 | sound or audio visual recording. | ||||||
10 | "Unlawful access device" means any type of instrument, | ||||||
11 | device, machine, equipment, technology, or software which is | ||||||
12 | primarily possessed, used, designed, assembled, manufactured, | ||||||
13 | sold, distributed or offered, promoted or advertised for the | ||||||
14 | purpose of defeating or circumventing any technology, device or | ||||||
15 | software, or any component or part thereof, used by the | ||||||
16 | provider, owner or licensee of any communication service or of | ||||||
17 | any data, audio or video programs or transmissions to protect | ||||||
18 | any such communication, audio or video services, programs or | ||||||
19 | transmissions from unauthorized access, acquisition, receipt, | ||||||
20 | decryption, disclosure, communication, transmission or | ||||||
21 | re-transmission. | ||||||
22 | "Unlawful communication device" means any electronic | ||||||
23 | serial number, mobile identification number, personal | ||||||
24 | identification number or any communication or wireless device | ||||||
25 | that is capable of acquiring or facilitating the acquisition of | ||||||
26 | a communication service without the express consent or express |
| |||||||
| |||||||
1 | authorization of the communication service provider, or that | ||||||
2 | has been altered, modified, programmed or reprogrammed, alone | ||||||
3 | or in conjunction with another communication or wireless device | ||||||
4 | or other equipment, to so acquire or facilitate the | ||||||
5 | unauthorized acquisition of a communication service. "Unlawful | ||||||
6 | communication device" also means: | ||||||
7 | (1) any phone altered to obtain service without the | ||||||
8 | express consent or express authorization of the | ||||||
9 | communication service provider, tumbler phone, counterfeit | ||||||
10 | or clone phone, tumbler microchip, counterfeit or clone | ||||||
11 | microchip, scanning receiver of wireless communication | ||||||
12 | service or other instrument capable of disguising its | ||||||
13 | identity or location or of gaining unauthorized access to a | ||||||
14 | communications or wireless system operated by a | ||||||
15 | communication service provider; and | ||||||
16 | (2) any communication or wireless device which is | ||||||
17 | capable of, or has been altered, designed, modified, | ||||||
18 | programmed or reprogrammed, alone or in conjunction with | ||||||
19 | another communication or wireless device or devices, so as | ||||||
20 | to be capable of, facilitating the disruption, | ||||||
21 | acquisition, receipt, transmission or decryption of a | ||||||
22 | communication service without the express consent or | ||||||
23 | express authorization of the communication service | ||||||
24 | provider, including, but not limited to, any device, | ||||||
25 | technology, product, service, equipment, computer software | ||||||
26 | or component or part thereof, primarily distributed, sold, |
| |||||||
| |||||||
1 | designed, assembled, manufactured, modified, programmed, | ||||||
2 | reprogrammed or used for the purpose of providing the | ||||||
3 | unauthorized receipt of, transmission of, disruption of, | ||||||
4 | decryption of, access to or acquisition of any | ||||||
5 | communication service provided by any communication | ||||||
6 | service provider. | ||||||
7 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
8 | implement that is self-propelled and that uses motor fuel for | ||||||
9 | propulsion. | ||||||
10 | "Wireless device" includes any type of instrument, device, | ||||||
11 | machine, or
equipment that is capable of transmitting or | ||||||
12 | receiving telephonic, electronic
or
radio communications, or | ||||||
13 | any part of such instrument, device, machine, or
equipment, or | ||||||
14 | any computer circuit, computer chip, electronic mechanism, or
| ||||||
15 | other component that is capable of facilitating the | ||||||
16 | transmission or reception
of telephonic, electronic, or radio | ||||||
17 | communications.
| ||||||
18 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. | ||||||
19 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
20 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
21 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
22 | owner identification number. | ||||||
23 | (a) Unlawful sale of household appliances. A person commits | ||||||
24 | unlawful
sale of household
appliances when he or she knowingly, | ||||||
25 | with the intent to defraud or deceive
another, keeps for sale, |
| |||||||
| |||||||
1 | within any commercial
context, any household appliance with a | ||||||
2 | missing, defaced, obliterated, or
otherwise altered | ||||||
3 | manufacturer's identification number.
| ||||||
4 | (b) Construction equipment identification defacement. A | ||||||
5 | person commits construction equipment identification | ||||||
6 | defacement when he or she knowingly changes,
alters, removes, | ||||||
7 | mutilates, or
obliterates a permanently affixed serial number, | ||||||
8 | product identification number,
part number, component | ||||||
9 | identification number, owner-applied identification,
or other | ||||||
10 | mark of identification attached to or stamped, inscribed, | ||||||
11 | molded,
or etched into a machine or other equipment, whether | ||||||
12 | stationary or mobile
or self-propelled, or a part of such | ||||||
13 | machine or equipment, used in the construction,
maintenance, or | ||||||
14 | demolition of buildings, structures, bridges, tunnels, sewers,
| ||||||
15 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
16 | dams, airports,
or waterways or in material handling for such | ||||||
17 | projects. | ||||||
18 | The trier of fact may infer that the defendant has | ||||||
19 | knowingly changed, altered, removed, or obliterated the serial | ||||||
20 | number, product identification number, part number, component | ||||||
21 | identification number, owner-applied identification number, or | ||||||
22 | other mark of identification, if the defendant was in | ||||||
23 | possession of any machine or other equipment or a part of such | ||||||
24 | machine
or equipment used in the construction, maintenance, or | ||||||
25 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
26 | utility pipes or lines, ditches or
open cuts, roads, highways, |
| |||||||
| |||||||
1 | dams, airports, or waterways or in material handling
for such | ||||||
2 | projects upon which any such serial number, product | ||||||
3 | identification
number, part number, component identification | ||||||
4 | number, owner-applied identification
number, or other mark of | ||||||
5 | identification has been changed, altered,
removed, or | ||||||
6 | obliterated. | ||||||
7 | (c) Defacement of manufacturer's serial number or | ||||||
8 | identification mark. A person commits defacement of a | ||||||
9 | manufacturer's serial number or identification mark when he or | ||||||
10 | she knowingly removes, alters, defaces, covers, or destroys the
| ||||||
11 | manufacturer's serial number or any other manufacturer's | ||||||
12 | number or
distinguishing identification mark upon any machine | ||||||
13 | or other article of
merchandise, other than a motor vehicle as | ||||||
14 | defined in Section 1-146 of the
Illinois Vehicle Code or a | ||||||
15 | firearm as defined in the Firearm Owners Identification Card | ||||||
16 | Act , with the intent of concealing or destroying the
identity | ||||||
17 | of such machine or other article of merchandise. | ||||||
18 | (d) Sentence. | ||||||
19 | (1) A violation of subsection (a) of this Section is a | ||||||
20 | Class 4 felony if the value
of the appliance or appliances | ||||||
21 | exceeds $1,000 and a Class B misdemeanor if
the value of | ||||||
22 | the appliance or appliances is $1,000 or less.
| ||||||
23 | (2) A violation of subsection (b) of this Section is a | ||||||
24 | Class A misdemeanor. | ||||||
25 | (3) A violation of subsection (c) of this Section is a | ||||||
26 | Class B misdemeanor. |
| |||||||
| |||||||
1 | (e) No liability shall be imposed upon any person for the | ||||||
2 | unintentional
failure to comply with subsection (a).
| ||||||
3 | (f) Definitions. In this Section: | ||||||
4 | "Commercial context" means a continuing business | ||||||
5 | enterprise conducted
for profit by any person whose primary | ||||||
6 | business is the wholesale or retail
marketing of household | ||||||
7 | appliances, or a significant portion of whose business
or | ||||||
8 | inventory consists of household appliances
kept or sold on a | ||||||
9 | wholesale or retail basis. | ||||||
10 | "Household appliance" means any gas or electric device or | ||||||
11 | machine
marketed for use as home entertainment or for | ||||||
12 | facilitating or expediting
household tasks or chores. The term | ||||||
13 | shall include but not necessarily be
limited to refrigerators, | ||||||
14 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
15 | toasters, dishwashers, and other similar household items. | ||||||
16 | "Manufacturer's identification number" means any serial | ||||||
17 | number or
other similar numerical or alphabetical designation | ||||||
18 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
19 | imprinted upon or attached to a household
appliance or item by | ||||||
20 | the manufacturer for purposes of identifying a particular
| ||||||
21 | appliance or item individually or by lot number. | ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
23 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
24 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
25 | (a) A person commits the offense of unlawful use of weapons |
| |||||||
| |||||||
1 | when
he knowingly:
| ||||||
2 | (1) Sells, manufactures, purchases, possesses or | ||||||
3 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
4 | sand-bag, metal knuckles or other knuckle weapon | ||||||
5 | regardless of its composition, throwing star,
or any knife, | ||||||
6 | commonly referred to as a switchblade knife, which has a
| ||||||
7 | blade that opens automatically by hand pressure applied to | ||||||
8 | a button,
spring or other device in the handle of the | ||||||
9 | knife, or a ballistic knife,
which is a device that propels | ||||||
10 | a knifelike blade as a projectile by means
of a coil | ||||||
11 | spring, elastic material or compressed gas; or
| ||||||
12 | (2) Carries or possesses with intent to use the same | ||||||
13 | unlawfully
against another, a dagger, dirk, billy, | ||||||
14 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
15 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
16 | deadly weapon or instrument of like character; or
| ||||||
17 | (3) Carries on or about his person or in any vehicle, a | ||||||
18 | tear gas gun
projector or bomb or any object containing | ||||||
19 | noxious liquid gas or
substance, other than an object | ||||||
20 | containing a non-lethal noxious liquid gas
or substance | ||||||
21 | designed solely for personal defense carried by a person 18
| ||||||
22 | years of age or older; or
| ||||||
23 | (4) Carries or possesses in any vehicle or concealed on | ||||||
24 | or about his
person except when on his land or in his own | ||||||
25 | abode, legal dwelling, or fixed place of
business, or on | ||||||
26 | the land or in the legal dwelling of another person as an |
| |||||||
| |||||||
1 | invitee with that person's permission, any pistol, | ||||||
2 | revolver, stun gun or taser or other firearm, except
that
| ||||||
3 | this subsection (a) (4) does not apply to or affect | ||||||
4 | transportation of weapons
that meet one of the following | ||||||
5 | conditions:
| ||||||
6 | (i) are broken down in a non-functioning state; or
| ||||||
7 | (ii) are not immediately accessible; or
| ||||||
8 | (iii) are unloaded and enclosed in a case, firearm | ||||||
9 | carrying box,
shipping box, or other container by a | ||||||
10 | person eligible under State and federal law to possess | ||||||
11 | a firearm who has been issued a currently
valid Firearm | ||||||
12 | Owner's
Identification Card ; or
| ||||||
13 | (5) Sets a spring gun; or
| ||||||
14 | (6) Possesses any device or attachment of any kind | ||||||
15 | designed, used or
intended for use in silencing the report | ||||||
16 | of any firearm; or
| ||||||
17 | (7) Sells, manufactures, purchases, possesses or | ||||||
18 | carries:
| ||||||
19 | (i) a machine gun, which shall be defined for the | ||||||
20 | purposes of this
subsection as any weapon,
which | ||||||
21 | shoots, is designed to shoot, or can be readily | ||||||
22 | restored to shoot,
automatically more than one shot | ||||||
23 | without manually reloading by a single
function of the | ||||||
24 | trigger, including the frame or receiver
of any such | ||||||
25 | weapon, or sells, manufactures, purchases, possesses, | ||||||
26 | or
carries any combination of parts designed or |
| |||||||
| |||||||
1 | intended for
use in converting any weapon into a | ||||||
2 | machine gun, or any combination or
parts from which a | ||||||
3 | machine gun can be assembled if such parts are in the
| ||||||
4 | possession or under the control of a person;
| ||||||
5 | (ii) any rifle having one or
more barrels less than | ||||||
6 | 16 inches in length or a shotgun having one or more
| ||||||
7 | barrels less than 18 inches in length or any weapon | ||||||
8 | made from a rifle or
shotgun, whether by alteration, | ||||||
9 | modification, or otherwise, if such a weapon
as | ||||||
10 | modified has an overall length of less than 26 inches; | ||||||
11 | or
| ||||||
12 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
13 | other container containing an
explosive substance of | ||||||
14 | over one-quarter ounce for like purposes, such
as, but | ||||||
15 | not limited to, black powder bombs and Molotov | ||||||
16 | cocktails or
artillery projectiles; or
| ||||||
17 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
18 | or other
deadly weapon in any place which is licensed to | ||||||
19 | sell intoxicating
beverages, or at any public gathering | ||||||
20 | held pursuant to a license issued
by any governmental body | ||||||
21 | or any public gathering at which an admission
is charged, | ||||||
22 | excluding a place where a showing, demonstration or lecture
| ||||||
23 | involving the exhibition of unloaded firearms is | ||||||
24 | conducted.
| ||||||
25 | This subsection (a)(8) does not apply to any auction or | ||||||
26 | raffle of a firearm
held pursuant to
a license or permit |
| |||||||
| |||||||
1 | issued by a governmental body, nor does it apply to persons
| ||||||
2 | engaged
in firearm safety training courses; or
| ||||||
3 | (9) Carries or possesses in a vehicle or on or about | ||||||
4 | his person any
pistol, revolver, stun gun or taser or | ||||||
5 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
6 | masked in such manner as to conceal his identity; or
| ||||||
7 | (10) Carries or possesses on or about his person, upon | ||||||
8 | any public street,
alley, or other public lands within the | ||||||
9 | corporate limits of a city, village
or incorporated town, | ||||||
10 | except when an invitee thereon or therein, for the
purpose | ||||||
11 | of the display of such weapon or the lawful commerce in | ||||||
12 | weapons, or
except when on his land or in his own abode, | ||||||
13 | legal dwelling, or fixed place of business, or on the land | ||||||
14 | or in the legal dwelling of another person as an invitee | ||||||
15 | with that person's permission, any
pistol, revolver, stun | ||||||
16 | gun or taser or other firearm, except that this
subsection | ||||||
17 | (a) (10) does not apply to or affect transportation of | ||||||
18 | weapons that
meet one of the following conditions:
| ||||||
19 | (i) are broken down in a non-functioning state; or
| ||||||
20 | (ii) are not immediately accessible; or
| ||||||
21 | (iii) are unloaded and enclosed in a case, firearm | ||||||
22 | carrying box,
shipping box, or other container by a | ||||||
23 | person eligible under State or federal law to possess a | ||||||
24 | firearm who has been issued a currently
valid Firearm | ||||||
25 | Owner's
Identification Card .
| ||||||
26 | A "stun gun or taser", as used in this paragraph (a) |
| |||||||
| |||||||
1 | means (i) any device
which is powered by electrical | ||||||
2 | charging units, such as, batteries, and
which fires one or | ||||||
3 | several barbs attached to a length of wire and
which, upon | ||||||
4 | hitting a human, can send out a current capable of | ||||||
5 | disrupting
the person's nervous system in such a manner as | ||||||
6 | to render him incapable of
normal functioning or (ii) any | ||||||
7 | device which is powered by electrical
charging units, such | ||||||
8 | as batteries, and which, upon contact with a human or
| ||||||
9 | clothing worn by a human, can send out current capable of | ||||||
10 | disrupting
the person's nervous system in such a manner as | ||||||
11 | to render him incapable
of normal functioning; or
| ||||||
12 | (11) Sells, manufactures or purchases any explosive | ||||||
13 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
14 | bullet" means the projectile portion of
an ammunition | ||||||
15 | cartridge which contains or carries an explosive charge | ||||||
16 | which
will explode upon contact with the flesh of a human | ||||||
17 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
18 | a projectile affixed at the
front thereof and a cap or | ||||||
19 | primer at the rear end thereof, with the
propellant | ||||||
20 | contained in such tube between the projectile and the cap; | ||||||
21 | or
| ||||||
22 | (12) (Blank); or
| ||||||
23 | (13) Carries or possesses on or about his or her person | ||||||
24 | while in a building occupied by a unit of government, a | ||||||
25 | billy club, other weapon of like character, or other | ||||||
26 | instrument of like character intended for use as a weapon. |
| |||||||
| |||||||
1 | For the purposes of this Section, "billy club" means a | ||||||
2 | short stick or club commonly carried by police officers | ||||||
3 | which is either telescopic or constructed of a solid piece | ||||||
4 | of wood or other man-made material. | ||||||
5 | (b) Sentence. A person convicted of a violation of | ||||||
6 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
7 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
8 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
9 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
10 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
11 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
12 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
13 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
14 | of not less than 3 years and not more than 7 years, unless the | ||||||
15 | weapon is possessed in the
passenger compartment of a motor | ||||||
16 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
17 | Code, or on the person, while the weapon is loaded, in which
| ||||||
18 | case it shall be a Class X felony. A person convicted of a
| ||||||
19 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
20 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
21 | felony. The possession of each weapon in violation of this | ||||||
22 | Section constitutes a single and separate violation.
| ||||||
23 | (c) Violations in specific places.
| ||||||
24 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
25 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
26 | the time of year, in residential
property owned, operated |
| |||||||
| |||||||
1 | or 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 the real | ||||||
4 | property comprising any school,
regardless of the
time of | ||||||
5 | day or the time of year, on residential property owned, | ||||||
6 | operated
or
managed by a public housing agency
or leased by | ||||||
7 | a public housing agency as part of a scattered site or
| ||||||
8 | mixed-income development,
on the real property comprising | ||||||
9 | any
public park, on the real property comprising any | ||||||
10 | courthouse, in any conveyance
owned, leased or contracted | ||||||
11 | by a school to
transport students to or from school or a | ||||||
12 | school related activity, in any conveyance
owned, leased, | ||||||
13 | or contracted by a public transportation agency, or on any
| ||||||
14 | public way within 1,000 feet of the real property | ||||||
15 | comprising any school,
public park, courthouse, public | ||||||
16 | transportation facility, or residential property owned, | ||||||
17 | operated, or managed
by a public housing agency
or leased | ||||||
18 | by a public housing agency as part of a scattered site or
| ||||||
19 | mixed-income development
commits a Class 2 felony and shall | ||||||
20 | be sentenced to a term of imprisonment of not less than 3 | ||||||
21 | years and not more than 7 years.
| ||||||
22 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
23 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
24 | time of day or the time of year,
in residential property | ||||||
25 | owned, operated, or managed by a public
housing
agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development,
in
a public
park, in a | ||||||
2 | courthouse, on the real property comprising any school, | ||||||
3 | regardless
of the time of day or the time of year, 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, in
any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, in | ||||||
11 | any conveyance
owned, leased, or contracted by a public | ||||||
12 | transportation agency, or on any public way within
1,000 | ||||||
13 | feet of the real property comprising any school, public | ||||||
14 | park, courthouse,
public transportation facility, or | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development
| ||||||
18 | commits a Class 3 felony.
| ||||||
19 | (2) A person who violates subsection 24-1(a)(1), | ||||||
20 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
21 | time of day or the time of year, in
residential property | ||||||
22 | owned, operated or managed by a public housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public park, in a | ||||||
25 | courthouse, on the real property comprising any school,
| ||||||
26 | regardless of the time of day or the time of year, on |
| |||||||
| |||||||
1 | residential property
owned, operated or managed by a public | ||||||
2 | housing agency
or leased by a public housing agency as part | ||||||
3 | of a scattered site or
mixed-income development,
on the | ||||||
4 | real property
comprising any public park, on the real | ||||||
5 | property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, in | ||||||
8 | any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered
site or mixed-income development | ||||||
15 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
16 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
17 | this State for the conduct of official business.
| ||||||
18 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
19 | (c) shall not
apply to law
enforcement officers or security | ||||||
20 | officers of such school, college, or
university or to | ||||||
21 | students carrying or possessing firearms for use in | ||||||
22 | training
courses, parades, hunting, target shooting on | ||||||
23 | school ranges, or otherwise with
the consent of school | ||||||
24 | authorities and which firearms are transported unloaded
| ||||||
25 | enclosed in a suitable case, box, or transportation | ||||||
26 | package.
|
| |||||||
| |||||||
1 | (4) For the purposes of this subsection (c), "school" | ||||||
2 | means any public or
private elementary or secondary school, | ||||||
3 | community college, college, or
university.
| ||||||
4 | (5) For the purposes of this subsection (c), "public | ||||||
5 | transportation agency" means a public or private agency | ||||||
6 | that provides for the transportation or conveyance of
| ||||||
7 | persons by means available to the general public, except | ||||||
8 | for transportation
by automobiles not used for conveyance | ||||||
9 | of the general public as passengers; and "public | ||||||
10 | transportation facility" means a terminal or other place
| ||||||
11 | where one may obtain public transportation.
| ||||||
12 | (d) The presence in an automobile other than a public | ||||||
13 | omnibus of any
weapon, instrument or substance referred to in | ||||||
14 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
15 | possession of, and is being
carried by, all persons occupying | ||||||
16 | such automobile at the time such
weapon, instrument or | ||||||
17 | substance is found, except under the following
circumstances: | ||||||
18 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
19 | the person of one of the occupants therein; or (ii) if such
| ||||||
20 | weapon, instrument or substance is found in an automobile | ||||||
21 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
22 | and proper pursuit of
his trade, then such presumption shall | ||||||
23 | not apply to the driver.
| ||||||
24 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
25 | Underwater
Spearguns are exempted from the definition of | ||||||
26 | ballistic knife as defined in
paragraph (1) of subsection (a) |
| |||||||
| |||||||
1 | of this Section.
| ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
3 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
4 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
5 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
6 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
7 | Felons or
Persons in the Custody of the
Department of | ||||||
8 | Corrections Facilities. | ||||||
9 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
10 | about his person or on his land or
in his own abode or fixed | ||||||
11 | place of business any weapon prohibited under
Section 24-1 of | ||||||
12 | this Act or any firearm or any firearm ammunition if the
person | ||||||
13 | has been convicted of a felony under the laws of this State or | ||||||
14 | any
other jurisdiction. This Section shall not apply if the | ||||||
15 | person has been
granted relief under this subsection by the | ||||||
16 | Director of the Department of State Police
under Section 10 of | ||||||
17 | the Firearm Owners Identification
Card Act . A person prohibited | ||||||
18 | from possessing a firearm under this subsection (a) may | ||||||
19 | petition the Director of State Police for a hearing and relief | ||||||
20 | from the prohibition, unless the prohibition was based upon a | ||||||
21 | forcible felony, stalking, aggravated stalking, domestic | ||||||
22 | battery, any violation of the Illinois Controlled Substances | ||||||
23 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
24 | or the Cannabis Control Act that is classified as a Class 2 or | ||||||
25 | greater felony, any felony violation of Article 24 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012, or any | ||||||
2 | adjudication as a delinquent minor for the commission of an | ||||||
3 | offense that if committed by an adult would be a felony, in | ||||||
4 | which case the person may petition the circuit court in writing | ||||||
5 | in the county of his or her residence for a hearing and relief | ||||||
6 | from the prohibition. The Director or court may grant the | ||||||
7 | relief if it is established by the petitioner to the court's or | ||||||
8 | Director's satisfaction that: | ||||||
9 | (1) when in the circuit court, the State's Attorney has | ||||||
10 | been served with a written copy of the petition at least 30 | ||||||
11 | days before any hearing in the circuit court and at the | ||||||
12 | hearing the State's Attorney was afforded an opportunity to | ||||||
13 | present evidence and object to the petition; | ||||||
14 | (2) the petitioner has not been convicted of a
forcible | ||||||
15 | felony under the laws of this State or any other | ||||||
16 | jurisdiction within 20 years of the filing of the petition, | ||||||
17 | or at least 20 years have passed since the end of any | ||||||
18 | period of imprisonment imposed in relation to that | ||||||
19 | conviction; | ||||||
20 | (3) the circumstances regarding a criminal
conviction, | ||||||
21 | where applicable, the petitioner's criminal history and | ||||||
22 | his or her reputation are such that the petitioner will not | ||||||
23 | be likely to act in a manner dangerous to public safety; | ||||||
24 | (4) granting relief would not be contrary to the
public | ||||||
25 | interest; and | ||||||
26 | (5) granting relief would not be contrary to federal
|
| |||||||
| |||||||
1 | law.
| ||||||
2 | (b) It is unlawful for any person confined in a penal | ||||||
3 | institution,
which is a facility of the Illinois Department of | ||||||
4 | Corrections, to possess
any weapon prohibited under Section | ||||||
5 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
6 | regardless of the intent with which he possesses it.
| ||||||
7 | (c) It shall be an affirmative defense to a violation of | ||||||
8 | subsection (b), that such possession was specifically | ||||||
9 | authorized by rule,
regulation, or directive of the Illinois | ||||||
10 | Department of Corrections or order
issued pursuant thereto.
| ||||||
11 | (d) The defense of necessity is not available to a person | ||||||
12 | who is charged
with a violation of subsection (b) of this | ||||||
13 | Section.
| ||||||
14 | (e) Sentence. Violation of this Section by a person not | ||||||
15 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
16 | which the person shall be sentenced to no less than 2 years and | ||||||
17 | no
more than 10 years and any second or subsequent violation | ||||||
18 | shall be a Class 2 felony for which the person shall be | ||||||
19 | sentenced to a term of imprisonment of not less than 3 years | ||||||
20 | and not more than 14 years. Violation of this Section by a | ||||||
21 | person not confined in a
penal institution who has been | ||||||
22 | convicted of a forcible felony, a felony
violation of Article | ||||||
23 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
24 | Act , stalking or aggravated stalking, or a Class 2 or greater | ||||||
25 | felony
under the Illinois Controlled Substances Act, the | ||||||
26 | Cannabis Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act is a
Class 2 felony for which the | ||||||
2 | person
shall be sentenced to not less than 3 years and not more | ||||||
3 | than 14 years.
Violation of this Section by a person who is on | ||||||
4 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
5 | which the person shall be sentenced to not less than 3 years | ||||||
6 | and not more than 14
years. Violation of this Section by a | ||||||
7 | person not confined in a penal
institution is a Class X felony | ||||||
8 | when the firearm possessed is a machine gun.
Any person who | ||||||
9 | violates this Section while confined in a penal
institution, | ||||||
10 | which is a facility of the Illinois Department of
Corrections, | ||||||
11 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
12 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
13 | intent with which he possesses it, a Class X
felony if he | ||||||
14 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
15 | Class X felony for which the offender shall be sentenced to not | ||||||
16 | less than 12
years and not more than 50 years when the firearm | ||||||
17 | possessed is a machine
gun. A violation of this Section while | ||||||
18 | wearing or in possession of body armor as defined in Section | ||||||
19 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
20 | of not less than 10 years and not more than 40 years.
The | ||||||
21 | possession of each firearm or firearm ammunition in violation | ||||||
22 | of this Section constitutes a single and separate violation.
| ||||||
23 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
24 | (720 ILCS 5/24-1.6) | ||||||
25 | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
| |||||||
| |||||||
1 | (a) A person commits the offense of aggravated unlawful use | ||||||
2 | of a weapon when
he or she knowingly: | ||||||
3 | (1) Carries on or about his or her person or in any | ||||||
4 | vehicle or concealed
on or about his or her person except | ||||||
5 | when on his or her land or in his or her
abode, legal | ||||||
6 | dwelling, or fixed place of business, or on the land or in | ||||||
7 | the legal dwelling of another person as an invitee with | ||||||
8 | that person's permission, any pistol, revolver, stun gun or | ||||||
9 | taser or
other firearm; or | ||||||
10 | (2) Carries or possesses on or about his or her person, | ||||||
11 | upon any public
street, alley, or other public lands within | ||||||
12 | the corporate limits of a city,
village or incorporated | ||||||
13 | town, except when an invitee thereon or therein, for
the | ||||||
14 | purpose of the display of such weapon or the lawful | ||||||
15 | commerce in weapons, or
except when on his or her own land | ||||||
16 | or in his or her own abode, legal dwelling, or fixed place | ||||||
17 | of
business, or on the land or in the legal dwelling of | ||||||
18 | another person as an invitee with that person's permission, | ||||||
19 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
20 | and | ||||||
21 | (3) One of the following factors is present: | ||||||
22 | (A) the firearm, other than a pistol, revolver, or | ||||||
23 | handgun, possessed was uncased, loaded, and | ||||||
24 | immediately accessible
at the time of the offense; or | ||||||
25 | (A-5) the pistol, revolver, or handgun possessed | ||||||
26 | was uncased, loaded, and immediately accessible
at the |
| |||||||
| |||||||
1 | time of the offense and the person possessing the | ||||||
2 | pistol, revolver, or handgun has not been issued a | ||||||
3 | currently valid license under the Firearm Concealed | ||||||
4 | Carry Act; or | ||||||
5 | (B) the firearm, other than a pistol, revolver, or | ||||||
6 | handgun, possessed was uncased, unloaded, and the | ||||||
7 | ammunition for
the weapon was immediately accessible | ||||||
8 | at the time of the offense; or | ||||||
9 | (B-5) the pistol, revolver, or handgun possessed | ||||||
10 | was uncased, unloaded, and the ammunition for
the | ||||||
11 | weapon was immediately accessible at the time of the | ||||||
12 | offense and the person possessing the pistol, | ||||||
13 | revolver, or handgun has not been issued a currently | ||||||
14 | valid license under the Firearm Concealed Carry Act; or | ||||||
15 | (C) (blank); or the person possessing the firearm | ||||||
16 | has not been issued a currently
valid Firearm Owner's | ||||||
17 | Identification Card; or | ||||||
18 | (D) the person possessing the weapon was | ||||||
19 | previously adjudicated
a delinquent minor under the | ||||||
20 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
21 | by an adult would be a felony; or | ||||||
22 | (E) the person possessing the weapon was engaged in | ||||||
23 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
24 | a misdemeanor violation of the Illinois Controlled | ||||||
25 | Substances
Act, or in a misdemeanor violation of the | ||||||
26 | Methamphetamine Control and Community Protection Act; |
| |||||||
| |||||||
1 | or | ||||||
2 | (F) (blank); or | ||||||
3 | (G) the person possessing the weapon had a order of | ||||||
4 | protection issued
against him or her within the | ||||||
5 | previous 2 years; or | ||||||
6 | (H) the person possessing the weapon was engaged in | ||||||
7 | the commission or
attempted commission of
a | ||||||
8 | misdemeanor involving the use or threat of violence | ||||||
9 | against
the person or property of another; or | ||||||
10 | (I) the person possessing the weapon was under 21 | ||||||
11 | years of age and in
possession of a handgun, unless the | ||||||
12 | person under 21
is engaged in lawful activities under | ||||||
13 | the Wildlife Code or described in
subsection | ||||||
14 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
15 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
16 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
17 | (b) "Stun gun or taser" as used in this Section has the | ||||||
18 | same definition
given to it in Section 24-1 of this Code. | ||||||
19 | (c) This Section does not apply to or affect the | ||||||
20 | transportation or
possession
of weapons that: | ||||||
21 | (i) are broken down in a non-functioning state; or | ||||||
22 | (ii) are not immediately accessible; or | ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a person | ||||||
25 | who is eligible under State and federal law to possess a | ||||||
26 | firearm has been issued a currently
valid Firearm Owner's
|
| |||||||
| |||||||
1 | Identification Card . | ||||||
2 | (d) Sentence. | ||||||
3 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
4 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
5 | for which the person shall be sentenced to a term of | ||||||
6 | imprisonment of not less than 3 years and not more than 7 | ||||||
7 | years. | ||||||
8 | (2) (Blank). Except as otherwise provided in | ||||||
9 | paragraphs (3) and (4) of this subsection (d), a first | ||||||
10 | offense of aggravated unlawful use of a weapon committed | ||||||
11 | with a firearm by a person 18 years of age or older where | ||||||
12 | the factors listed in both items (A) and (C) or both items | ||||||
13 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
14 | present is a Class 4 felony, for which the person shall be | ||||||
15 | sentenced to a term of imprisonment of not less than one | ||||||
16 | year and not more than 3 years. | ||||||
17 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
18 | has been previously
convicted of a felony in this State or | ||||||
19 | another jurisdiction is a Class 2
felony for which the | ||||||
20 | person shall be sentenced to a term of imprisonment of not | ||||||
21 | less than 3 years and not more than 7 years. | ||||||
22 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
23 | or in possession of body armor as defined in Section 33F-1 | ||||||
24 | by a person who is prohibited under State or federal law | ||||||
25 | from possessing a firearm has not been issued a valid | ||||||
26 | Firearms Owner's Identification Card in accordance with |
| |||||||
| |||||||
1 | Section 5 of the Firearm Owners Identification Card Act is | ||||||
2 | a Class X felony.
| ||||||
3 | (e) The possession of each firearm in violation of this | ||||||
4 | Section constitutes a single and separate violation. | ||||||
5 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
6 | (720 ILCS 5/24-1.8) | ||||||
7 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
8 | gang member. | ||||||
9 | (a) A person
commits unlawful possession of a firearm by a | ||||||
10 | street gang member when he or she knowingly: | ||||||
11 | (1) possesses, carries, or conceals on or about his or | ||||||
12 | her person a firearm and firearm ammunition while on any | ||||||
13 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
14 | except when inside his or her own abode or inside his or | ||||||
15 | her fixed place of business, and has not been issued a | ||||||
16 | currently valid Firearm Owner's Identification Card and is | ||||||
17 | a member of a street gang; or | ||||||
18 | (2) possesses or carries in any vehicle a firearm and | ||||||
19 | firearm ammunition which are both immediately accessible | ||||||
20 | at the time of the offense while on any street, road, | ||||||
21 | alley, or any other lands, except when inside his or her | ||||||
22 | own abode or garage, and has not been issued a currently | ||||||
23 | valid Firearm Owner's Identification Card and is a member | ||||||
24 | of a street gang. | ||||||
25 | (b) Unlawful possession of a firearm by a street gang |
| |||||||
| |||||||
1 | member is a Class 2 felony for which the person, if sentenced | ||||||
2 | to a term of imprisonment, shall be sentenced to no less than 3 | ||||||
3 | years and no more than 10 years. A period of probation, a term | ||||||
4 | of periodic imprisonment or conditional discharge shall not be | ||||||
5 | imposed for the offense of unlawful possession of a firearm by | ||||||
6 | a street gang member when the firearm was loaded or contained | ||||||
7 | firearm ammunition and the court shall sentence the offender to | ||||||
8 | not less than the minimum term of imprisonment authorized for | ||||||
9 | the Class 2 felony. | ||||||
10 | (c) For purposes of this Section: | ||||||
11 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
12 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
13 | Prevention Act. | ||||||
14 | "Street gang member" or "gang member" has the meaning | ||||||
15 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
16 | Terrorism Omnibus Prevention Act.
| ||||||
17 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
18 | (720 ILCS 5/24-2)
| ||||||
19 | Sec. 24-2. Exemptions.
| ||||||
20 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
21 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
22 | the following:
| ||||||
23 | (1) Peace officers, and any person summoned by a peace | ||||||
24 | officer to
assist in making arrests or preserving the | ||||||
25 | peace, while actually engaged in
assisting such officer.
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
2 | penitentiaries, jails and other institutions for the | ||||||
3 | detention of persons
accused or convicted of an offense, | ||||||
4 | while in the performance of their
official duty, or while | ||||||
5 | commuting between their homes and places of employment.
| ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard or the | ||||||
8 | Reserve Officers Training Corps,
while in the performance | ||||||
9 | of their official duty.
| ||||||
10 | (4) Special agents employed by a railroad or a public | ||||||
11 | utility to
perform police functions, and guards of armored | ||||||
12 | car companies, while
actually engaged in the performance of | ||||||
13 | the duties of their employment or
commuting between their | ||||||
14 | homes and places of employment; and watchmen
while actually | ||||||
15 | engaged in the performance of the duties of their | ||||||
16 | employment.
| ||||||
17 | (5) Persons licensed as private security contractors, | ||||||
18 | private
detectives, or private alarm contractors, or | ||||||
19 | employed by an agency
certified by the Department of | ||||||
20 | Financial and Professional Regulation, if their duties
| ||||||
21 | include the carrying of a weapon under the provisions of | ||||||
22 | the Private
Detective, Private Alarm,
Private Security, | ||||||
23 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
24 | actually
engaged in the performance of the duties of their | ||||||
25 | employment or commuting
between their homes and places of | ||||||
26 | employment, provided that such commuting
is accomplished |
| |||||||
| |||||||
1 | within one hour from departure from home or place of
| ||||||
2 | employment, as the case may be. A person shall be | ||||||
3 | considered eligible for this
exemption if he or she has | ||||||
4 | completed the required 20
hours of training for a private | ||||||
5 | security contractor, private
detective, or private alarm | ||||||
6 | contractor, or employee of a licensed agency and 20 hours | ||||||
7 | of required firearm
training, and has been issued a firearm | ||||||
8 | control card by
the Department of Financial and | ||||||
9 | Professional Regulation. Conditions for the renewal of
| ||||||
10 | firearm control cards issued under the provisions of this | ||||||
11 | Section
shall be the same as for those cards issued under | ||||||
12 | the provisions of the
Private Detective, Private Alarm,
| ||||||
13 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
14 | 2004. The
firearm control card shall be carried by the | ||||||
15 | private security contractor, private
detective, or private | ||||||
16 | alarm contractor, or employee of the licensed agency at all
| ||||||
17 | times when he or she is in possession of a concealable | ||||||
18 | weapon.
| ||||||
19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the protection | ||||||
21 | of persons employed
and private property related to such | ||||||
22 | commercial or industrial
operation, while actually engaged | ||||||
23 | in the performance of his or her
duty or traveling between | ||||||
24 | sites or properties belonging to the
employer, and who, as | ||||||
25 | a security guard, is a member of a security force of
at | ||||||
26 | least 5 persons registered with the Department of Financial |
| |||||||
| |||||||
1 | and Professional
Regulation; provided that such security | ||||||
2 | guard has successfully completed a
course of study, | ||||||
3 | approved by and supervised by the Department of
Financial | ||||||
4 | and Professional Regulation, consisting of not less than 40 | ||||||
5 | hours of training
that includes the theory of law | ||||||
6 | enforcement, liability for acts, and the
handling of | ||||||
7 | weapons. A person shall be considered eligible for this
| ||||||
8 | exemption if he or she has completed the required 20
hours | ||||||
9 | of training for a security officer and 20 hours of required | ||||||
10 | firearm
training, and has been issued a firearm control | ||||||
11 | card by
the Department of Financial and Professional | ||||||
12 | Regulation. Conditions for the renewal of
firearm control | ||||||
13 | cards issued under the provisions of this Section
shall be | ||||||
14 | the same as for those cards issued under the provisions of | ||||||
15 | the
Private Detective, Private Alarm,
Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
17 | control card shall be carried by the security guard at all
| ||||||
18 | times when he or she is in possession of a concealable | ||||||
19 | weapon.
| ||||||
20 | (7) Agents and investigators of the Illinois | ||||||
21 | Legislative Investigating
Commission authorized by the | ||||||
22 | Commission to carry the weapons specified in
subsections | ||||||
23 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
24 | any investigation for the Commission.
| ||||||
25 | (8) Persons employed by a financial institution for the | ||||||
26 | protection of
other employees and property related to such |
| |||||||
| |||||||
1 | financial institution, while
actually engaged in the | ||||||
2 | performance of their duties, commuting between
their homes | ||||||
3 | and places of employment, or traveling between sites or
| ||||||
4 | properties owned or operated by such financial | ||||||
5 | institution, provided that
any person so employed has | ||||||
6 | successfully completed a course of study,
approved by and | ||||||
7 | supervised by the Department of Financial and Professional | ||||||
8 | Regulation,
consisting of not less than 40 hours of | ||||||
9 | training which includes theory of
law enforcement, | ||||||
10 | liability for acts, and the handling of weapons.
A person | ||||||
11 | shall be considered to be eligible for this exemption if he | ||||||
12 | or
she has completed the required 20 hours of training for | ||||||
13 | a security officer
and 20 hours of required firearm | ||||||
14 | training, and has been issued a
firearm control card by the | ||||||
15 | Department of Financial and Professional Regulation.
| ||||||
16 | Conditions for renewal of firearm control cards issued | ||||||
17 | under the
provisions of this Section shall be the same as | ||||||
18 | for those issued under the
provisions of the Private | ||||||
19 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
20 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
21 | card shall be carried by the person so
trained at all times | ||||||
22 | when such person is in possession of a concealable
weapon. | ||||||
23 | For purposes of this subsection, "financial institution" | ||||||
24 | means a
bank, savings and loan association, credit union or | ||||||
25 | company providing
armored car services.
| ||||||
26 | (9) Any person employed by an armored car company to |
| |||||||
| |||||||
1 | drive an armored
car, while actually engaged in the | ||||||
2 | performance of his duties.
| ||||||
3 | (10) Persons who have been classified as peace officers | ||||||
4 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
5 | (11) Investigators of the Office of the State's | ||||||
6 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
7 | governors of the Office of the
State's Attorneys Appellate | ||||||
8 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
9 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
10 | (12) Special investigators appointed by a State's | ||||||
11 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
12 | (12.5) Probation officers while in the performance of | ||||||
13 | their duties, or
while commuting between their homes, | ||||||
14 | places of employment or specific locations
that are part of | ||||||
15 | their assigned duties, with the consent of the chief judge | ||||||
16 | of
the circuit for which they are employed, if they have | ||||||
17 | received weapons training according
to requirements of the | ||||||
18 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
19 | (13) Court Security Officers while in the performance | ||||||
20 | of their official
duties, or while commuting between their | ||||||
21 | homes and places of employment, with
the
consent of the | ||||||
22 | Sheriff.
| ||||||
23 | (13.5) A person employed as an armed security guard at | ||||||
24 | a nuclear energy,
storage, weapons or development site or | ||||||
25 | facility regulated by the Nuclear
Regulatory Commission | ||||||
26 | who has completed the background screening and training
|
| |||||||
| |||||||
1 | mandated by the rules and regulations of the Nuclear | ||||||
2 | Regulatory Commission.
| ||||||
3 | (14) Manufacture, transportation, or sale of weapons | ||||||
4 | to
persons
authorized under subdivisions (1) through | ||||||
5 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
6 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
7 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
8 | or handgun and the person has been issued a currently valid | ||||||
9 | license under the Firearm Concealed Carry Act at the time of | ||||||
10 | the commission of the offense. | ||||||
11 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
12 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
13 | (1) Members of any club or organization organized for | ||||||
14 | the purpose of
practicing shooting at targets upon | ||||||
15 | established target ranges, whether
public or private, and | ||||||
16 | patrons of such ranges, while such members
or patrons are | ||||||
17 | using their firearms on those target ranges.
| ||||||
18 | (2) Duly authorized military or civil organizations | ||||||
19 | while parading,
with the special permission of the | ||||||
20 | Governor.
| ||||||
21 | (3) Hunters, trappers or fishermen with a license or
| ||||||
22 | permit while engaged in hunting,
trapping or fishing.
| ||||||
23 | (4) Transportation of weapons that are broken down in a
| ||||||
24 | non-functioning state or are not immediately accessible.
| ||||||
25 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
26 | gun or taser or other firearm on the land or in the legal |
| |||||||
| |||||||
1 | dwelling of another person as an invitee with that person's | ||||||
2 | permission. | ||||||
3 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
4 | of the
following:
| ||||||
5 | (1) Peace officers while in performance of their | ||||||
6 | official duties.
| ||||||
7 | (2) Wardens, superintendents and keepers of prisons, | ||||||
8 | penitentiaries,
jails and other institutions for the | ||||||
9 | detention of persons accused or
convicted of an offense.
| ||||||
10 | (3) Members of the Armed Services or Reserve Forces of | ||||||
11 | the United States
or the Illinois National Guard, while in | ||||||
12 | the performance of their official
duty.
| ||||||
13 | (4) Manufacture, transportation, or sale of machine | ||||||
14 | guns to persons
authorized under subdivisions (1) through | ||||||
15 | (3) of this subsection to
possess machine guns, if the | ||||||
16 | machine guns are broken down in a
non-functioning state or | ||||||
17 | are not immediately accessible.
| ||||||
18 | (5) Persons licensed under federal law to manufacture | ||||||
19 | any weapon from
which 8 or more shots or bullets can be | ||||||
20 | discharged by a
single function of the firing device, or | ||||||
21 | ammunition for such weapons, and
actually engaged in the | ||||||
22 | business of manufacturing such weapons or
ammunition, but | ||||||
23 | only with respect to activities which are within the lawful
| ||||||
24 | scope of such business, such as the manufacture, | ||||||
25 | transportation, or testing
of such weapons or ammunition. | ||||||
26 | This exemption does not authorize the
general private |
| |||||||
| |||||||
1 | possession of any weapon from which 8 or more
shots or | ||||||
2 | bullets can be discharged by a single function of the | ||||||
3 | firing
device, but only such possession and activities as | ||||||
4 | are within the lawful
scope of a licensed manufacturing | ||||||
5 | business described in this paragraph.
| ||||||
6 | During transportation, such weapons shall be broken | ||||||
7 | down in a
non-functioning state or not immediately | ||||||
8 | accessible.
| ||||||
9 | (6) The manufacture, transport, testing, delivery, | ||||||
10 | transfer or sale,
and all lawful commercial or experimental | ||||||
11 | activities necessary thereto, of
rifles, shotguns, and | ||||||
12 | weapons made from rifles or shotguns,
or ammunition for | ||||||
13 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
14 | person operating as a contractor or subcontractor pursuant | ||||||
15 | to a
contract or subcontract for the development and supply | ||||||
16 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
17 | United States government or any
branch of the Armed Forces | ||||||
18 | of the United States, when such activities are
necessary | ||||||
19 | and incident to fulfilling the terms of such contract.
| ||||||
20 | The exemption granted under this subdivision (c)(6)
| ||||||
21 | shall also apply to any authorized agent of any such | ||||||
22 | contractor or
subcontractor who is operating within the | ||||||
23 | scope of his employment, where
such activities involving | ||||||
24 | such weapon, weapons or ammunition are necessary
and | ||||||
25 | incident to fulfilling the terms of such contract.
| ||||||
26 | (7) A person possessing a rifle with a barrel or |
| |||||||
| |||||||
1 | barrels less than 16 inches in length if: (A) the person | ||||||
2 | has been issued a Curios and Relics license from the U.S. | ||||||
3 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
4 | the person is an active member of a bona fide, nationally | ||||||
5 | recognized military re-enacting group and the modification | ||||||
6 | is required and necessary to accurately portray the weapon | ||||||
7 | for historical re-enactment purposes; the re-enactor is in | ||||||
8 | possession of a valid and current re-enacting group | ||||||
9 | membership credential; and the overall length of the weapon | ||||||
10 | as modified is not less than 26 inches. | ||||||
11 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
12 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
13 | officer.
| ||||||
14 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
15 | manager or
authorized employee of any place specified in that | ||||||
16 | subsection nor to any
law enforcement officer.
| ||||||
17 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
18 | Section 24-1.6
do not apply
to members of any club or | ||||||
19 | organization organized for the purpose of practicing
shooting | ||||||
20 | at targets upon established target ranges, whether public or | ||||||
21 | private,
while using their firearms on those target ranges.
| ||||||
22 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
23 | to:
| ||||||
24 | (1) 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 | (2) Bonafide collectors of antique or surplus military | ||||||
2 | ordinance.
| ||||||
3 | (3) Laboratories having a department of forensic | ||||||
4 | ballistics, or
specializing in the development of | ||||||
5 | ammunition or explosive ordinance.
| ||||||
6 | (4) Commerce, preparation, assembly or possession of | ||||||
7 | explosive
bullets by manufacturers of ammunition licensed | ||||||
8 | by the federal government,
in connection with the supply of | ||||||
9 | those organizations and persons exempted
by subdivision | ||||||
10 | (g)(1) of this Section, or like organizations and persons
| ||||||
11 | outside this State, or the transportation of explosive | ||||||
12 | bullets to any
organization or person exempted in this | ||||||
13 | Section by a common carrier or by a
vehicle owned or leased | ||||||
14 | by an exempted manufacturer.
| ||||||
15 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
16 | persons licensed
under federal law to manufacture any device or | ||||||
17 | attachment of any kind designed,
used, or intended for use in | ||||||
18 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
19 | for those firearms equipped with those devices, and actually | ||||||
20 | engaged in the
business of manufacturing those devices, | ||||||
21 | firearms, or ammunition, but only with
respect to
activities | ||||||
22 | that are within the lawful scope of that business, such as the
| ||||||
23 | manufacture, transportation, or testing of those devices, | ||||||
24 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
25 | general private possession of any device or
attachment of any | ||||||
26 | kind designed, used, or intended for use in silencing the
|
| |||||||
| |||||||
1 | report of any firearm, but only such possession and activities | ||||||
2 | as are within
the
lawful scope of a licensed manufacturing | ||||||
3 | business described in this subsection
(g-5). During | ||||||
4 | transportation, these devices shall be detached from any weapon
| ||||||
5 | or
not immediately accessible.
| ||||||
6 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
7 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
8 | supervisor who meets the qualifications and conditions | ||||||
9 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
10 | Corrections. | ||||||
11 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
12 | officer while serving as a member of a tactical response team | ||||||
13 | or special operations team. A peace officer may not personally | ||||||
14 | own or apply for ownership of a device or attachment of any | ||||||
15 | kind designed, used, or intended for use in silencing the | ||||||
16 | report of any firearm. These devices shall be owned and | ||||||
17 | maintained by lawfully recognized units of government whose | ||||||
18 | duties include the investigation of criminal acts. | ||||||
19 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
20 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
21 | athlete's possession, transport on official Olympic and | ||||||
22 | Paralympic transit systems established for athletes, or use of | ||||||
23 | competition firearms sanctioned by the International Olympic | ||||||
24 | Committee, the International Paralympic Committee, the | ||||||
25 | International Shooting Sport Federation, or USA Shooting in | ||||||
26 | connection with such athlete's training for and participation |
| |||||||
| |||||||
1 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
2 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
3 | and Paralympic Games. | ||||||
4 | (h) An information or indictment based upon a violation of | ||||||
5 | any
subsection of this Article need not negative any exemptions | ||||||
6 | contained in
this Article. The defendant shall have the burden | ||||||
7 | of proving such an
exemption.
| ||||||
8 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
9 | affect
the transportation, carrying, or possession, of any | ||||||
10 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
11 | to a common carrier operating
under license of the State of | ||||||
12 | Illinois or the federal government, where
such transportation, | ||||||
13 | carrying, or possession is incident to the lawful
| ||||||
14 | transportation in which such common carrier is engaged; and | ||||||
15 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
16 | transportation, carrying,
or possession of any pistol, | ||||||
17 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
18 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
19 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
20 | carrying box, shipping box, or other container, by a person | ||||||
21 | eligible under State and federal law to possess a firearm the | ||||||
22 | possessor of a valid
Firearm Owners Identification Card .
| ||||||
23 | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
24 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
25 | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
2 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
3 | (A) A person commits the offense of unlawful sale or | ||||||
4 | delivery of firearms when he
or she knowingly does any of the | ||||||
5 | following:
| ||||||
6 | (a) Sells or gives any firearm of a size which may be | ||||||
7 | concealed upon the
person to any person under 18 years of | ||||||
8 | age.
| ||||||
9 | (b) Sells or gives any firearm to a person under 21 | ||||||
10 | years of age who has
been convicted of a misdemeanor other | ||||||
11 | than a traffic offense or adjudged
delinquent.
| ||||||
12 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
13 | (d) Sells or gives any firearm to any person who has | ||||||
14 | been convicted of a
felony under the laws of this or any | ||||||
15 | other jurisdiction.
| ||||||
16 | (e) Sells or gives any firearm to any person who has | ||||||
17 | been a patient in a
mental institution within the past 5 | ||||||
18 | years. In this subsection (e): | ||||||
19 | "Mental institution" means any hospital, | ||||||
20 | institution, clinic, evaluation facility, mental | ||||||
21 | health center, or part thereof, which is used primarily | ||||||
22 | for the care or treatment of persons with mental | ||||||
23 | illness. | ||||||
24 | "Patient in a mental institution" means the person | ||||||
25 | was admitted, either voluntarily or involuntarily, to | ||||||
26 | a mental institution for mental health treatment, |
| |||||||
| |||||||
1 | unless the treatment was voluntary and solely for an | ||||||
2 | alcohol abuse disorder and no other secondary | ||||||
3 | substance abuse disorder or mental illness.
| ||||||
4 | (f) Sells or gives any firearms to any person who is | ||||||
5 | intellectually disabled.
| ||||||
6 | (g) Delivers any firearm of a size which may be | ||||||
7 | concealed upon the
person, incidental to a sale, without | ||||||
8 | withholding delivery of such firearm
for at least 72 hours | ||||||
9 | after application for its purchase has been made, or
| ||||||
10 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
11 | gun or taser, incidental to a sale,
without withholding | ||||||
12 | delivery of such rifle, shotgun or other long gun, or a | ||||||
13 | stun gun or taser for
at least 24 hours after application | ||||||
14 | for its purchase has been made.
However,
this paragraph (g) | ||||||
15 | does not apply to: (1) the sale of a firearm
to a law | ||||||
16 | enforcement officer if the seller of the firearm knows that | ||||||
17 | the person to whom he or she is selling the firearm is a | ||||||
18 | law enforcement officer or the sale of a firearm to a | ||||||
19 | person who desires to purchase a firearm for
use in | ||||||
20 | promoting the public interest incident to his or her | ||||||
21 | employment as a
bank guard, armed truck guard, or other | ||||||
22 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
23 | nonresident of Illinois under which the firearm
is mailed | ||||||
24 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
25 | of a firearm to a nonresident of Illinois while at a | ||||||
26 | firearm showing or display
recognized by the Illinois |
| |||||||
| |||||||
1 | Department of State Police; or (4) the sale of a
firearm to | ||||||
2 | a dealer licensed as a federal firearms dealer under | ||||||
3 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
4 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
5 | "application" means when the buyer and seller reach an | ||||||
6 | agreement to purchase a firearm.
| ||||||
7 | (h) While holding any license
as a dealer,
importer, | ||||||
8 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
9 | Act of 1968,
manufactures, sells or delivers to any | ||||||
10 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
11 | or receiver which is a die casting of zinc alloy or
any | ||||||
12 | other nonhomogeneous metal which will melt or deform at a | ||||||
13 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
14 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
15 | the Firearm Owners Identification Card Act; and (2)
| ||||||
16 | "handgun" is defined as a firearm designed to be held
and | ||||||
17 | fired by the use of a single hand, and includes a | ||||||
18 | combination of parts from
which such a firearm can be | ||||||
19 | assembled.
| ||||||
20 | (i) Sells or gives a firearm of any size to any person | ||||||
21 | under 18 years of
age who is not eligible under State or | ||||||
22 | federal law to possess a firearm does not possess a valid | ||||||
23 | Firearm Owner's Identification Card .
| ||||||
24 | (j) Sells or gives a firearm while engaged in the | ||||||
25 | business of selling
firearms at wholesale or retail without | ||||||
26 | being licensed as a federal firearms
dealer under Section |
| |||||||
| |||||||
1 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
2 | In this paragraph (j):
| ||||||
3 | A person "engaged in the business" means a person who | ||||||
4 | devotes time,
attention, and
labor to
engaging in the | ||||||
5 | activity as a regular course of trade or business with the
| ||||||
6 | principal objective of livelihood and profit, but does not | ||||||
7 | include a person who
makes occasional repairs of firearms | ||||||
8 | or who occasionally fits special barrels,
stocks, or | ||||||
9 | trigger mechanisms to firearms.
| ||||||
10 | "With the principal objective of livelihood and | ||||||
11 | profit" means that the
intent
underlying the sale or | ||||||
12 | disposition of firearms is predominantly one of
obtaining | ||||||
13 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
14 | such as
improving or liquidating a personal firearms | ||||||
15 | collection; however, proof of
profit shall not be required | ||||||
16 | as to a person who engages in the regular and
repetitive | ||||||
17 | purchase and disposition of firearms for criminal purposes | ||||||
18 | or
terrorism.
| ||||||
19 | (k) (Blank). Sells or transfers ownership of a firearm | ||||||
20 | to a person who does not display to the seller or | ||||||
21 | transferor of the firearm a currently valid Firearm Owner's | ||||||
22 | Identification Card that has previously been issued in the | ||||||
23 | transferee's name by the Department of State Police under | ||||||
24 | the provisions of the Firearm Owners Identification Card | ||||||
25 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
26 | firearm to a person who is exempt from the requirement of |
| |||||||
| |||||||
1 | possessing a Firearm Owner's Identification Card under | ||||||
2 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
3 | For the purposes of this Section, a currently valid Firearm | ||||||
4 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
5 | Identification Card that has not expired or (ii) an | ||||||
6 | approval number issued in accordance with subsection | ||||||
7 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
8 | Identification Card Act shall be proof that the Firearm | ||||||
9 | Owner's Identification Card was valid. | ||||||
10 | (1) (Blank). In addition to the other requirements | ||||||
11 | of this paragraph (k), all persons who are not | ||||||
12 | federally licensed firearms dealers must also have | ||||||
13 | complied with subsection (a-10) of Section 3 of the | ||||||
14 | Firearm Owners Identification Card Act by determining | ||||||
15 | the validity of a purchaser's Firearm Owner's | ||||||
16 | Identification Card. | ||||||
17 | (2) (Blank). All sellers or transferors who have | ||||||
18 | complied with the requirements of subparagraph (1) of | ||||||
19 | this paragraph (k) shall not be liable for damages in | ||||||
20 | any civil action arising from the use or misuse by the | ||||||
21 | transferee of the firearm transferred, except for | ||||||
22 | willful or wanton misconduct on the part of the seller | ||||||
23 | or transferor. | ||||||
24 | (l) Not
being entitled to the possession of a firearm, | ||||||
25 | delivers the
firearm, knowing it to have been stolen or | ||||||
26 | converted. It may be inferred that
a person who possesses a |
| |||||||
| |||||||
1 | firearm with knowledge that its serial number has
been | ||||||
2 | removed or altered has knowledge that the firearm is stolen | ||||||
3 | or converted. | ||||||
4 | (B) Paragraph (h) of subsection (A) does not include | ||||||
5 | firearms sold within 6
months after enactment of Public
Act | ||||||
6 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
7 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
8 | purchased by any citizen within 6 months after the
enactment of | ||||||
9 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
10 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
11 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
12 | if that firearm was legally held or acquired within 6 months | ||||||
13 | after
the enactment of that Public Act.
| ||||||
14 | (C) Sentence.
| ||||||
15 | (1) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
17 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
18 | (2) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (b) or (i) of | ||||||
20 | subsection (A) commits a Class 3 felony.
| ||||||
21 | (3) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
23 | commits a Class 2 felony.
| ||||||
24 | (4) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (a) or , (b) , or (i) | ||||||
26 | of subsection (A) in any school, on the real
property |
| |||||||
| |||||||
1 | comprising a school, within 1,000 feet of the real property | ||||||
2 | comprising
a school, at a school related activity, or on or | ||||||
3 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
4 | contracted by a school or school district to
transport | ||||||
5 | students to or from school or a school related activity,
| ||||||
6 | regardless of the time of day or time of year at which the | ||||||
7 | offense
was committed, commits a Class 1 felony. Any person | ||||||
8 | convicted of a second
or subsequent violation of unlawful | ||||||
9 | sale or delivery of firearms in violation of paragraph
(a) | ||||||
10 | or , (b) , or (i) of subsection (A) in any school, on the | ||||||
11 | real property
comprising a school, within 1,000 feet of the | ||||||
12 | real property comprising a
school, at a school related | ||||||
13 | activity, or on or within 1,000 feet of any
conveyance | ||||||
14 | owned, leased, or contracted by a school or school district | ||||||
15 | to
transport students to or from school or a school related | ||||||
16 | activity,
regardless of the time of day or time of year at | ||||||
17 | which the offense
was committed, commits a Class 1 felony | ||||||
18 | for which the sentence shall be a
term of imprisonment of | ||||||
19 | no less than 5 years and no more than 15 years.
| ||||||
20 | (5) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (a) or (i) of | ||||||
22 | subsection (A) in residential property owned,
operated, or | ||||||
23 | managed by a public housing agency or leased by a public | ||||||
24 | housing
agency as part of a scattered site or mixed-income | ||||||
25 | development, in a public
park, in a
courthouse, on | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered site
or mixed-income development, on | ||||||
3 | the real property comprising any public park,
on the real
| ||||||
4 | property comprising any courthouse, or on any public way | ||||||
5 | within 1,000 feet
of the real property comprising any | ||||||
6 | public park, courthouse, or residential
property owned, | ||||||
7 | operated, or managed by a public housing agency or leased | ||||||
8 | by a
public housing agency as part of a scattered site or | ||||||
9 | mixed-income development
commits a
Class 2 felony.
| ||||||
10 | (6) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
12 | commits a Class A misdemeanor. A second or
subsequent | ||||||
13 | violation is a Class 4 felony. | ||||||
14 | (7) (Blank). Any person convicted of unlawful sale or | ||||||
15 | delivery of firearms in violation of paragraph (k) of | ||||||
16 | subsection (A) commits a Class 4 felony, except that a | ||||||
17 | violation of subparagraph (1) of paragraph (k) of | ||||||
18 | subsection (A) shall not be punishable as a crime or petty | ||||||
19 | offense. A third or subsequent conviction for a violation | ||||||
20 | of paragraph (k) of subsection (A) is a Class 1 felony.
| ||||||
21 | (8) A person 18 years of age or older convicted of | ||||||
22 | unlawful sale or delivery of firearms in violation of | ||||||
23 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
24 | that was sold or given to another person under 18 years of | ||||||
25 | age was used in the commission of or attempt to commit a | ||||||
26 | forcible felony, shall be fined or imprisoned, or both, not |
| |||||||
| |||||||
1 | to exceed the maximum provided for the most serious | ||||||
2 | forcible felony so committed or attempted by the person | ||||||
3 | under 18 years of age who was sold or given the firearm. | ||||||
4 | (9) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
6 | commits a Class 3 felony. | ||||||
7 | (10) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
9 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
10 | Any person convicted of unlawful sale or delivery of | ||||||
11 | firearms in violation of paragraph (l) of subsection (A) | ||||||
12 | commits a Class 1 felony if the delivery is of not less | ||||||
13 | than 2 and not more than 5 firearms at the
same time or | ||||||
14 | within a one year period. Any person convicted of unlawful | ||||||
15 | sale or delivery of firearms in violation of paragraph (l) | ||||||
16 | of subsection (A) commits a Class X felony for which he or | ||||||
17 | she shall be sentenced
to a term of imprisonment of not | ||||||
18 | less than 6 years and not more than 30
years if the | ||||||
19 | delivery is of not less than 6 and not more than 10 | ||||||
20 | firearms at the
same time or within a 2 year period. Any | ||||||
21 | person convicted of unlawful sale or delivery of firearms | ||||||
22 | in violation of paragraph (l) of subsection (A) commits a | ||||||
23 | Class X felony for which he or she shall be sentenced
to a | ||||||
24 | term of imprisonment of not less than 6 years and not more | ||||||
25 | than 40
years if the delivery is of not less than 11 and | ||||||
26 | not more than 20 firearms at the
same time or within a 3 |
| |||||||
| |||||||
1 | year period. Any person convicted of unlawful sale or | ||||||
2 | delivery of firearms in violation of paragraph (l) of | ||||||
3 | subsection (A) commits a Class X felony for which he or she | ||||||
4 | shall be sentenced
to a term of imprisonment of not less | ||||||
5 | than 6 years and not more than 50
years if the delivery is | ||||||
6 | of not less than 21 and not more than 30 firearms at the
| ||||||
7 | same time or within a 4 year period. Any person convicted | ||||||
8 | of unlawful sale or delivery of firearms in violation of | ||||||
9 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
10 | for which he or she shall be sentenced
to a term of | ||||||
11 | imprisonment of not less than 6 years and not more than 60
| ||||||
12 | years if the delivery is of 31 or more firearms at the
same | ||||||
13 | time or within a 5 year period. | ||||||
14 | (D) For purposes of this Section:
| ||||||
15 | "School" means a public or private elementary or secondary | ||||||
16 | school,
community college, college, or university.
| ||||||
17 | "School related activity" means any sporting, social, | ||||||
18 | academic, or
other activity for which students' attendance or | ||||||
19 | participation is sponsored,
organized, or funded in whole or in | ||||||
20 | part by a school or school district.
| ||||||
21 | (E) A prosecution for a violation of paragraph (k) of | ||||||
22 | subsection (A) of this Section may be commenced within 6 years | ||||||
23 | after the commission of the offense. A prosecution for a | ||||||
24 | violation of this Section other than paragraph (g) of | ||||||
25 | subsection (A) of this Section may be commenced within 5 years | ||||||
26 | after the commission of the offense defined in the particular |
| |||||||
| |||||||
1 | paragraph.
| ||||||
2 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
3 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| ||||||
4 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
5 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
6 | ammunition.
| ||||||
7 | (a) A person commits the offense of unlawful possession of | ||||||
8 | firearms
or firearm ammunition when:
| ||||||
9 | (1) He is under 18 years of age and has in his | ||||||
10 | possession
any firearm of
a size which may be concealed | ||||||
11 | upon the person; or
| ||||||
12 | (2) He is under 21 years of age, has been convicted of | ||||||
13 | a misdemeanor
other than a traffic offense or adjudged | ||||||
14 | delinquent and has
any firearms or
firearm ammunition in | ||||||
15 | his possession; or
| ||||||
16 | (3) He is a narcotic addict and has
any firearms or | ||||||
17 | firearm ammunition
in his possession; or
| ||||||
18 | (4) He has been a patient in a mental institution | ||||||
19 | within the past 5 years
and has
any firearms or firearm | ||||||
20 | ammunition in his possession. For purposes of this | ||||||
21 | paragraph (4): | ||||||
22 | "Mental institution" means any hospital, | ||||||
23 | institution, clinic, evaluation facility, mental | ||||||
24 | health center, or part thereof, which is used primarily | ||||||
25 | for the care or treatment of persons with mental |
| |||||||
| |||||||
1 | illness. | ||||||
2 | "Patient in a mental institution" means the person | ||||||
3 | was admitted, either voluntarily or involuntarily, to | ||||||
4 | a mental institution for mental health treatment, | ||||||
5 | unless the treatment was voluntary and solely for an | ||||||
6 | alcohol abuse disorder and no other secondary | ||||||
7 | substance abuse disorder or mental illness; or
| ||||||
8 | (5) He is intellectually disabled and has
any firearms | ||||||
9 | or firearm ammunition
in his possession; or
| ||||||
10 | (6) He has in his possession any explosive bullet.
| ||||||
11 | For purposes of this paragraph "explosive bullet" means the | ||||||
12 | projectile
portion of an ammunition cartridge which contains or | ||||||
13 | carries an explosive
charge which will explode upon contact | ||||||
14 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
15 | tubular metal case having a projectile affixed at the
front | ||||||
16 | thereof and a cap or primer at the rear end thereof, with the | ||||||
17 | propellant
contained in such tube between the projectile and | ||||||
18 | the cap.
| ||||||
19 | (a-5) A person prohibited from possessing a firearm under | ||||||
20 | this Section may petition the Director of State Police for a | ||||||
21 | hearing and relief from the prohibition, unless the prohibition | ||||||
22 | was based upon a forcible felony, stalking, aggravated | ||||||
23 | stalking, domestic battery, any violation of the Illinois | ||||||
24 | Controlled Substances Act, the Methamphetamine Control and | ||||||
25 | Community Protection Act, or the Cannabis Control Act that is | ||||||
26 | classified as a Class 2 or greater felony, any felony violation |
| |||||||
| |||||||
1 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012, or any adjudication as a delinquent minor for the | ||||||
3 | commission of an offense that if committed by an adult would be | ||||||
4 | a felony, in which case the person may petition the circuit | ||||||
5 | court in writing in the county of his or her residence for a | ||||||
6 | hearing and relief from the prohibition. The Director or court | ||||||
7 | may grant the relief if it is established by the petitioner to | ||||||
8 | the court's or Director's satisfaction that: | ||||||
9 | (1) when in the circuit court, the State's Attorney has | ||||||
10 | been served with a written copy of the petition at least 30 | ||||||
11 | days before any hearing in the circuit court and at the | ||||||
12 | hearing the State's Attorney was afforded an opportunity to | ||||||
13 | present evidence and object to the petition; | ||||||
14 | (2) the petitioner has not been convicted of a
forcible | ||||||
15 | felony under the laws of this State or any other | ||||||
16 | jurisdiction within 20 years of the filing of the petition, | ||||||
17 | or at least 20 years have passed since the end of any | ||||||
18 | period of imprisonment imposed in relation to that | ||||||
19 | conviction; | ||||||
20 | (3) the circumstances regarding a criminal
conviction, | ||||||
21 | where applicable, the petitioner's criminal history and | ||||||
22 | his reputation are such that the petitioner will not be | ||||||
23 | likely to act in a manner dangerous to public safety; | ||||||
24 | (4) granting relief would not be contrary to the
public | ||||||
25 | interest; and | ||||||
26 | (5) granting relief would not be contrary to federal
|
| |||||||
| |||||||
1 | law. | ||||||
2 | (b) Sentence.
| ||||||
3 | Unlawful possession of firearms, other than handguns, and | ||||||
4 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
5 | possession of handguns is a
Class 4 felony. The possession of | ||||||
6 | each firearm or firearm ammunition in violation of this Section | ||||||
7 | constitutes a single and separate violation.
| ||||||
8 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
9 | Section prohibits
a person under 18 years of age from | ||||||
10 | participating in any lawful recreational
activity with a | ||||||
11 | firearm such as, but not limited to, practice shooting at
| ||||||
12 | targets upon established public or private target ranges or | ||||||
13 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
14 | Code or the Fish and Aquatic Life
Code.
| ||||||
15 | (Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13 .)
| ||||||
16 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
| ||||||
17 | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
| ||||||
18 | (a) A person
commits the offense of unlawful discharge of | ||||||
19 | firearm projectiles when he
or she knowingly
or recklessly uses | ||||||
20 | an armor piercing bullet, dragon's
breath shotgun shell, bolo | ||||||
21 | shell, or flechette
shell
in violation of
this Section.
| ||||||
22 | For purposes of this Section:
| ||||||
23 | "Armor piercing bullet" means
any handgun bullet or handgun | ||||||
24 | ammunition with projectiles or projectile cores
constructed | ||||||
25 | entirely (excluding the presence of traces of other substances)
|
| |||||||
| |||||||
1 | from tungsten alloys, steel, iron, brass, bronze, beryllium | ||||||
2 | copper
or depleted uranium, or fully jacketed bullets larger | ||||||
3 | than 22 caliber whose
jacket
has a weight of more than 25% of | ||||||
4 | the total weight of the projectile, and
excluding those handgun
| ||||||
5 | projectiles whose cores are composed of soft materials such as | ||||||
6 | lead or lead
alloys, zinc or zinc alloys, frangible projectiles | ||||||
7 | designed primarily for
sporting purposes, and any
other | ||||||
8 | projectiles or projectile cores that the U. S. Secretary of the | ||||||
9 | Treasury
finds to be primarily intended to be used for sporting | ||||||
10 | purposes or industrial
purposes or that otherwise does not | ||||||
11 | constitute "armor piercing ammunition" as
that term is defined | ||||||
12 | by federal law.
| ||||||
13 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
14 | that contains
exothermic pyrophoric mesh metal as the | ||||||
15 | projectile and is designed for the
purpose of throwing or | ||||||
16 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
17 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
18 | and expels as
projectiles 2 or more metal balls connected by | ||||||
19 | solid metal wire.
| ||||||
20 | "Flechette shell" means any shell that can be fired in a | ||||||
21 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
22 | metal wire or 2 or more solid
dart-type
projectiles.
| ||||||
23 | (b) A person commits a Class X felony when he or she, | ||||||
24 | knowing that a
firearm ,
as defined in Section
1.1 of the | ||||||
25 | Firearm Owners Identification Card
Act, is loaded with an armor
| ||||||
26 | piercing bullet, dragon's breath shotgun shell, bolo
shell, or |
| |||||||
| |||||||
1 | flechette
shell,
intentionally or recklessly discharges such | ||||||
2 | firearm and such bullet or
shell strikes
any other person.
| ||||||
3 | (c) Any person who possesses, concealed on or about his or | ||||||
4 | her person,
an armor
piercing bullet, dragon's breath shotgun | ||||||
5 | shell, bolo
shell, or flechette
shell
and a firearm suitable | ||||||
6 | for the discharge thereof is guilty
of a Class 2 felony.
| ||||||
7 | (d) This Section does not apply to or affect any of the | ||||||
8 | following:
| ||||||
9 | (1) Peace officers;
| ||||||
10 | (2) Wardens, superintendents and keepers of prisons, | ||||||
11 | penitentiaries, jails
and other institutions for the | ||||||
12 | detention of persons accused or convicted of an
offense;
| ||||||
13 | (3) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United States
or the Illinois National Guard while in | ||||||
15 | the performance of their official
duties;
| ||||||
16 | (4) Federal officials required to carry firearms, | ||||||
17 | while engaged in the
performance of their official duties;
| ||||||
18 | (5) United States Marshals, while engaged in the | ||||||
19 | performance of their
official duties.
| ||||||
20 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
21 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
22 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
23 | (a) It shall be unlawful for any person who holds a license | ||||||
24 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
25 | Liquor Control
Commission or local liquor control commissioner |
| |||||||
| |||||||
1 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
2 | the licensee to sell or deliver to any
other person a firearm | ||||||
3 | in or on the real property of the establishment
where the | ||||||
4 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
5 | or
delivery of the firearm is otherwise lawful under this | ||||||
6 | Article and under the
Firearm Owners Identification Card Act .
| ||||||
7 | (b) Sentence. A violation of subsection (a) of this Section | ||||||
8 | is a
Class 4 felony.
| ||||||
9 | (Source: P.A. 87-591.)
| ||||||
10 | (720 ILCS 5/24-3.5)
| ||||||
11 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
12 | (a) For purposes of this Section,
"firearms transaction | ||||||
13 | record form" means a form:
| ||||||
14 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
15 | the transferee's name and address (including county
or | ||||||
16 | similar political subdivision); (ii) whether the | ||||||
17 | transferee is a citizen of
the United States;
(iii) the | ||||||
18 | transferee's State of residence; and (iv) the date and | ||||||
19 | place of
birth, height, weight, and race of the transferee; | ||||||
20 | and
| ||||||
21 | (2) on which the transferee certifies that he or she is | ||||||
22 | not
prohibited by federal law from transporting or shipping | ||||||
23 | a firearm
in interstate or foreign commerce or receiving a | ||||||
24 | firearm that has been shipped
or transported in interstate | ||||||
25 | or foreign commerce or possessing a firearm in or
affecting |
| |||||||
| |||||||
1 | commerce.
| ||||||
2 | (b) A person commits the offense of unlawful purchase of a | ||||||
3 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
4 | firearm with the intent to deliver that firearm to another | ||||||
5 | person who
is prohibited by federal or State law from | ||||||
6 | possessing a firearm.
| ||||||
7 | (c) A person commits the offense of unlawful purchase of a | ||||||
8 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
9 | a firearm, intentionally
provides false or
misleading | ||||||
10 | information on a United States Department of the Treasury, | ||||||
11 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
12 | record form.
| ||||||
13 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
14 | this Section for a
person to make a gift or loan of a firearm to | ||||||
15 | a
person who is not
prohibited by federal or State law from | ||||||
16 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
17 | accordance with Section 3 of the Firearm Owners Identification | ||||||
18 | Card
Act .
| ||||||
19 | (e) Sentence.
| ||||||
20 | (1) A person who commits the offense of unlawful | ||||||
21 | purchase of a
firearm:
| ||||||
22 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
23 | attempting to
purchase one firearm;
| ||||||
24 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
25 | attempting to
purchase not less than 2
firearms and not | ||||||
26 | more than 5 firearms at the same time or within a one
|
| |||||||
| |||||||
1 | year period;
| ||||||
2 | (C) is guilty of a Class X felony for which the | ||||||
3 | offender shall be sentenced to a term of imprisonment | ||||||
4 | of not less than 9 years and not more than 40 years for | ||||||
5 | purchasing or attempting to
purchase not less than 6
| ||||||
6 | firearms at the same time or within a 2
year period.
| ||||||
7 | (2) In addition to any other penalty that may be | ||||||
8 | imposed for a violation
of this Section, the court may | ||||||
9 | sentence a person convicted of a violation of
subsection | ||||||
10 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
11 | each
violation.
| ||||||
12 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
13 | commenced within 6 years after the commission of the offense.
| ||||||
14 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
15 | (720 ILCS 5/24-4.1)
| ||||||
16 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
17 | (a) If a person who possesses a valid Firearm Owner's | ||||||
18 | Identification Card and who possesses or acquires a firearm | ||||||
19 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
20 | the person, the person must report the loss or theft to the | ||||||
21 | local law enforcement agency within 72 hours after obtaining | ||||||
22 | knowledge of the loss or theft. | ||||||
23 | (b) A law enforcement agency having jurisdiction shall take | ||||||
24 | a written report and shall, as soon as practical, enter the | ||||||
25 | firearm's serial number as stolen into the Law Enforcement |
| |||||||
| |||||||
1 | Agencies Data System (LEADS). | ||||||
2 | (c) A person shall not be in violation of this Section if: | ||||||
3 | (1) the failure to report is due to an act of God, act | ||||||
4 | of war, or inability of a law enforcement agency to receive | ||||||
5 | the report; | ||||||
6 | (2) the person is hospitalized, in a coma, or is | ||||||
7 | otherwise seriously physically or mentally impaired as to | ||||||
8 | prevent the person from reporting; or | ||||||
9 | (3) the person's designee makes a report if the person | ||||||
10 | is unable to make the report. | ||||||
11 | (d) Sentence. A person who violates this Section is guilty | ||||||
12 | of a petty offense for a first violation. A second or | ||||||
13 | subsequent violation of this Section is a Class A misdemeanor.
| ||||||
14 | (Source: P.A. 98-508, eff. 8-19-13.) | ||||||
15 | (720 ILCS 5/24-4.5 new)
| ||||||
16 | Sec. 24-4.5. Dial up system. | ||||||
17 | (a) The Department of State Police shall provide
a dial up | ||||||
18 | telephone system or utilize other existing technology which | ||||||
19 | shall be used by any federally licensed
firearm dealer, gun | ||||||
20 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
21 | stun gun, or taser under the provisions of this
Code. The | ||||||
22 | Department of State Police may utilize existing technology | ||||||
23 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
24 | Fees collected by the Department of
State Police shall be | ||||||
25 | deposited in the State Police Services Fund and used
to provide |
| |||||||
| |||||||
1 | the service. | ||||||
2 | (b) Upon receiving a request from a federally licensed | ||||||
3 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
4 | Department of State Police shall immediately approve, or within | ||||||
5 | the time
period established by Section 24-3 of this Code | ||||||
6 | regarding
the delivery of firearms, stun guns, and tasers | ||||||
7 | notify the inquiring dealer, gun show promoter, or gun show | ||||||
8 | vendor of any objection that
would disqualify the transferee | ||||||
9 | from acquiring or possessing a firearm, stun gun, or taser. In
| ||||||
10 | conducting the inquiry, the Department of State Police shall | ||||||
11 | initiate and
complete an automated search of its criminal | ||||||
12 | history record information
files and those of the Federal | ||||||
13 | Bureau of Investigation, including the
National Instant | ||||||
14 | Criminal Background Check System, and of the files of
the | ||||||
15 | Department of Human Services relating to mental health and
| ||||||
16 | developmental disabilities to obtain
any felony conviction or | ||||||
17 | patient hospitalization information which would
disqualify a | ||||||
18 | person from obtaining a firearm. | ||||||
19 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
20 | of this Code or federal law, the Department of State Police | ||||||
21 | shall:
| ||||||
22 | (1) assign a unique identification number to the | ||||||
23 | transfer; and | ||||||
24 | (2) provide the licensee, gun show promoter, or gun | ||||||
25 | show vendor with the number. | ||||||
26 | (d) Approvals issued by the Department of State Police for |
| |||||||
| |||||||
1 | the purchase of a firearm are valid for 30 days from the date | ||||||
2 | of issue.
| ||||||
3 | (e)(1) The Department of State Police must act as the | ||||||
4 | Illinois Point of Contact
for the National Instant Criminal | ||||||
5 | Background Check System. | ||||||
6 | (2) The Department of State Police and the Department of | ||||||
7 | Human Services shall, in accordance with State and federal law | ||||||
8 | regarding confidentiality, enter into a memorandum of | ||||||
9 | understanding with the Federal Bureau of Investigation for the | ||||||
10 | purpose of implementing the National Instant Criminal | ||||||
11 | Background Check System in the State. The Department of State | ||||||
12 | Police shall report the name, date of birth, and physical | ||||||
13 | description of any person prohibited from possessing a firearm | ||||||
14 | under this Code or 18 U.S.C. 922(g) and (n) to the National | ||||||
15 | Instant Criminal Background Check System Index, Denied Persons | ||||||
16 | Files. | ||||||
17 | (f) The Department of State Police shall adopt rules not | ||||||
18 | inconsistent with this Section to implement this
system.
| ||||||
19 | (720 ILCS 5/24-9)
| ||||||
20 | Sec. 24-9. Firearms; Child Protection.
| ||||||
21 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
22 | for any person to
store or leave, within premises under his or | ||||||
23 | her control, a firearm if
the
person knows or has reason to | ||||||
24 | believe that a minor under the age of 14
years who does not | ||||||
25 | have a Firearm Owners Identification Card is likely to gain
|
| |||||||
| |||||||
1 | access to the firearm without the lawful permission
of the | ||||||
2 | person possessing the firearm, minor's parent, guardian, or | ||||||
3 | person having charge of the minor, and
the minor causes death | ||||||
4 | or great bodily harm with the firearm, unless
the firearm is:
| ||||||
5 | (1) secured by a device or mechanism, other than the | ||||||
6 | firearm safety,
designed to render a firearm temporarily | ||||||
7 | inoperable; or
| ||||||
8 | (2) placed in a securely locked box or container; or
| ||||||
9 | (3) placed in some other location that a reasonable | ||||||
10 | person would
believe to be secure from a minor under the | ||||||
11 | age of 14 years.
| ||||||
12 | (b) Sentence. A person who violates this Section is guilty | ||||||
13 | of a Class C
misdemeanor and shall be fined not less than | ||||||
14 | $1,000. A second or subsequent
violation of this Section is a | ||||||
15 | Class A misdemeanor.
| ||||||
16 | (c) Subsection (a) does not apply:
| ||||||
17 | (1) if the minor under 14 years of age gains access to | ||||||
18 | a
firearm and uses it in a lawful act of self-defense or | ||||||
19 | defense of another; or
| ||||||
20 | (2) to any firearm obtained by a minor under the age of | ||||||
21 | 14 because of
an unlawful entry of the premises by the | ||||||
22 | minor or another person.
| ||||||
23 | (d) (Blank). For the purposes of this Section, "firearm" | ||||||
24 | has the meaning ascribed
to it in Section
1.1 of the Firearm | ||||||
25 | Owners Identification Card Act.
| ||||||
26 | (Source: P.A. 91-18, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | Section 85. The Methamphetamine Control and Community | ||||||
2 | Protection Act is amended by changing Section 10 as follows: | ||||||
3 | (720 ILCS 646/10)
| ||||||
4 | Sec. 10. Definitions. As used in this Act: | ||||||
5 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
6 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
7 | "Anhydrous ammonia equipment" means all items used to | ||||||
8 | store, hold, contain, handle, transfer, transport, or apply | ||||||
9 | anhydrous ammonia for lawful purposes.
| ||||||
10 | "Booby trap" means any device designed to cause physical | ||||||
11 | injury when triggered by an act of a person approaching, | ||||||
12 | entering, or moving through a structure, a vehicle, or any | ||||||
13 | location where methamphetamine has been manufactured, is being | ||||||
14 | manufactured, or is intended to be manufactured.
| ||||||
15 | "Deliver" or "delivery" has the meaning provided in | ||||||
16 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
17 | Substances Act.
| ||||||
18 | "Director" means the Director of State Police or the | ||||||
19 | Director's designated agents.
| ||||||
20 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
21 | release, deposit, inject, dump, spill, leak, or place | ||||||
22 | methamphetamine waste onto or into any land, water, or well of | ||||||
23 | any type so that the waste has the potential to enter the | ||||||
24 | environment, be emitted into the air, or be discharged into the |
| |||||||
| |||||||
1 | soil or any waters, including groundwater.
| ||||||
2 | "Emergency response" means the act of collecting evidence | ||||||
3 | from or securing a methamphetamine laboratory site, | ||||||
4 | methamphetamine waste site or other methamphetamine-related | ||||||
5 | site and cleaning up the site, whether these actions are | ||||||
6 | performed by public entities or private contractors paid by | ||||||
7 | public entities.
| ||||||
8 | "Emergency service provider" means a local, State, or | ||||||
9 | federal peace officer, firefighter, emergency medical | ||||||
10 | technician-ambulance, emergency
medical | ||||||
11 | technician-intermediate, emergency medical | ||||||
12 | technician-paramedic, ambulance driver, or other medical or | ||||||
13 | first aid personnel rendering aid, or any agent or designee of | ||||||
14 | the foregoing.
| ||||||
15 | "Finished methamphetamine" means methamphetamine in a form | ||||||
16 | commonly used for personal consumption. | ||||||
17 | "Firearm" has the meaning provided in Section 2-7.5 of the | ||||||
18 | Criminal Code of 2012 1.1 of the Firearm Owners Identification | ||||||
19 | Card Act .
| ||||||
20 | "Manufacture" means to produce, prepare, compound, | ||||||
21 | convert, process, synthesize, concentrate, purify, separate, | ||||||
22 | extract, or package any methamphetamine, methamphetamine | ||||||
23 | precursor, methamphetamine manufacturing catalyst, | ||||||
24 | methamphetamine manufacturing reagent, methamphetamine | ||||||
25 | manufacturing solvent, or any substance containing any of the | ||||||
26 | foregoing.
|
| |||||||
| |||||||
1 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
2 | Schedule II controlled substance under the Illinois Controlled | ||||||
3 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
4 | isomer, or analog thereof, with the exception of | ||||||
5 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
6 | scheduled substance with a separate listing under the Illinois | ||||||
7 | Controlled Substances Act. | ||||||
8 | "Methamphetamine manufacturing catalyst" means any | ||||||
9 | substance that has been used, is being used, or is intended to | ||||||
10 | be used to activate, accelerate, extend, or improve a chemical | ||||||
11 | reaction involved in the manufacture of methamphetamine.
| ||||||
12 | "Methamphetamine manufacturing environment" means a | ||||||
13 | structure or vehicle in which:
| ||||||
14 | (1) methamphetamine is being or has been manufactured;
| ||||||
15 | (2) chemicals that are being used, have been used, or | ||||||
16 | are intended to be used to manufacture methamphetamine are | ||||||
17 | stored;
| ||||||
18 | (3) methamphetamine manufacturing materials that have | ||||||
19 | been used to manufacture methamphetamine are stored; or
| ||||||
20 | (4) methamphetamine manufacturing waste is stored.
| ||||||
21 | "Methamphetamine manufacturing material" means any | ||||||
22 | methamphetamine precursor, substance containing any | ||||||
23 | methamphetamine precursor, methamphetamine manufacturing | ||||||
24 | catalyst, substance containing any methamphetamine | ||||||
25 | manufacturing catalyst, methamphetamine manufacturing reagent, | ||||||
26 | substance containing any methamphetamine manufacturing |
| |||||||
| |||||||
1 | reagent, methamphetamine manufacturing solvent, substance | ||||||
2 | containing any methamphetamine manufacturing solvent, or any | ||||||
3 | other chemical, substance, ingredient, equipment, apparatus, | ||||||
4 | or item that is being used, has been used, or is intended to be | ||||||
5 | used in the manufacture of methamphetamine.
| ||||||
6 | "Methamphetamine manufacturing reagent" means any | ||||||
7 | substance other than a methamphetamine manufacturing catalyst | ||||||
8 | that has been used, is being used, or is intended to be used to | ||||||
9 | react with and chemically alter any methamphetamine precursor. | ||||||
10 | "Methamphetamine manufacturing solvent" means any | ||||||
11 | substance that has been used, is being used, or is intended to | ||||||
12 | be used as a medium in which any methamphetamine precursor, | ||||||
13 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
14 | manufacturing reagent, or any substance containing any of the | ||||||
15 | foregoing is dissolved, diluted, or washed during any part of | ||||||
16 | the methamphetamine manufacturing process.
| ||||||
17 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
18 | substance, ingredient, equipment, apparatus, or item that is | ||||||
19 | left over from, results from, or is produced by the process of | ||||||
20 | manufacturing methamphetamine, other than finished | ||||||
21 | methamphetamine.
| ||||||
22 | "Methamphetamine precursor" means ephedrine, | ||||||
23 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
24 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
25 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
26 | "Multi-unit dwelling" means a unified structure used or |
| |||||||
| |||||||
1 | intended for use as a habitation, home, or residence that | ||||||
2 | contains 2 or more condominiums, apartments, hotel rooms, motel | ||||||
3 | rooms, or other living units.
| ||||||
4 | "Package" means an item marked for retail sale that is not | ||||||
5 | designed to be further broken down or subdivided for the | ||||||
6 | purpose of retail sale.
| ||||||
7 | "Participate" or "participation" in the manufacture of | ||||||
8 | methamphetamine means to produce, prepare, compound, convert, | ||||||
9 | process, synthesize, concentrate, purify, separate, extract, | ||||||
10 | or package any methamphetamine, methamphetamine precursor, | ||||||
11 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
12 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
13 | or any substance containing any of the foregoing, or to assist | ||||||
14 | in any of these actions, or to attempt to take any of these | ||||||
15 | actions, regardless of whether this action or these actions | ||||||
16 | result in the production of finished methamphetamine.
| ||||||
17 | "Person with a disability" means a person who suffers from | ||||||
18 | a permanent physical or mental impairment resulting from | ||||||
19 | disease, injury, functional disorder, or congenital condition | ||||||
20 | which renders the person incapable of adequately providing for | ||||||
21 | his or her own health and personal care.
| ||||||
22 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
23 | obtain, by legal or illegal means, or to cause another to take | ||||||
24 | such action.
| ||||||
25 | "Second or subsequent offense" means an offense under this | ||||||
26 | Act committed by an offender who previously committed an |
| |||||||
| |||||||
1 | offense under this Act, the Illinois Controlled Substances Act, | ||||||
2 | the Cannabis Control Act, or another Act of this State, another | ||||||
3 | state, or the United States relating to methamphetamine, | ||||||
4 | cannabis, or any other controlled substance.
| ||||||
5 | "Standard dosage form", as used in relation to any | ||||||
6 | methamphetamine precursor, means that the methamphetamine | ||||||
7 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
8 | cap, or liquid cap that has been manufactured by a lawful | ||||||
9 | entity and contains a standard quantity of methamphetamine | ||||||
10 | precursor.
| ||||||
11 | "Unauthorized container", as used in relation to anhydrous | ||||||
12 | ammonia, means any container that is not designed for the | ||||||
13 | specific and sole purpose of holding, storing, transporting, or | ||||||
14 | applying anhydrous ammonia. "Unauthorized container" includes, | ||||||
15 | but is not limited to, any propane tank, fire extinguisher, | ||||||
16 | oxygen cylinder, gasoline can, food or beverage cooler, or | ||||||
17 | compressed gas cylinder used in dispensing fountain drinks. | ||||||
18 | "Unauthorized container" does not encompass anhydrous ammonia | ||||||
19 | manufacturing plants, refrigeration systems
where anhydrous | ||||||
20 | ammonia is used solely as a refrigerant, anhydrous ammonia | ||||||
21 | transportation pipelines, anhydrous ammonia tankers, or | ||||||
22 | anhydrous ammonia barges.
| ||||||
23 | (Source: P.A. 97-434, eff. 1-1-12.) | ||||||
24 | Section 90. The Code of Criminal Procedure of 1963 is | ||||||
25 | amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and |
| |||||||
| |||||||
1 | 112A-14 as follows:
| ||||||
2 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
3 | Sec. 110-10. Conditions of bail bond.
| ||||||
4 | (a) If a person is released prior to conviction, either | ||||||
5 | upon payment of
bail security or on his or her own | ||||||
6 | recognizance, the conditions of the bail
bond shall be that he | ||||||
7 | or she will:
| ||||||
8 | (1) Appear to answer the charge in the court having | ||||||
9 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
10 | the court until discharged or
final order of the court;
| ||||||
11 | (2) Submit himself or herself to the orders and process | ||||||
12 | of the court;
| ||||||
13 | (3) Not depart this State without leave of the court;
| ||||||
14 | (4) Not violate any criminal statute of any | ||||||
15 | jurisdiction;
| ||||||
16 | (5) At a time and place designated by the court, | ||||||
17 | surrender all firearms
in his or her possession to a law | ||||||
18 | enforcement officer designated by the court
to take custody | ||||||
19 | of and impound the firearms
and physically
surrender his or | ||||||
20 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
21 | circuit court
when the offense the person has
been charged | ||||||
22 | with is a forcible felony, stalking, aggravated stalking, | ||||||
23 | domestic
battery, any violation of the Illinois Controlled | ||||||
24 | Substances Act, the Methamphetamine Control and Community | ||||||
25 | Protection Act, or the
Cannabis Control Act that is |
| |||||||
| |||||||
1 | classified as a Class 2 or greater felony, or any
felony | ||||||
2 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; the court
may,
however, forgo the | ||||||
4 | imposition of this condition when the
circumstances of the
| ||||||
5 | case clearly do not warrant it or when its imposition would | ||||||
6 | be
impractical;
if the Firearm Owner's Identification Card | ||||||
7 | is confiscated, the clerk of the circuit court shall mail | ||||||
8 | the confiscated card to the Illinois State Police; all | ||||||
9 | legally possessed firearms shall be returned to the person | ||||||
10 | upon
the charges being dismissed, or if the person is found | ||||||
11 | not guilty, unless the
finding of not guilty is by reason | ||||||
12 | of insanity; and
| ||||||
13 | (6) At a time and place designated by the court, submit | ||||||
14 | to a
psychological
evaluation when the person has been | ||||||
15 | charged with a violation of item (4) of
subsection
(a) of | ||||||
16 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012 and that violation occurred in
a school
or in | ||||||
18 | any conveyance owned, leased, or contracted by a school to | ||||||
19 | transport
students to or
from school or a school-related | ||||||
20 | activity, or on any public way within 1,000
feet of real
| ||||||
21 | property comprising any school.
| ||||||
22 | Psychological evaluations ordered pursuant to this Section | ||||||
23 | shall be completed
promptly
and made available to the State, | ||||||
24 | the defendant, and the court. As a further
condition of bail | ||||||
25 | under
these circumstances, the court shall order the defendant | ||||||
26 | to refrain from
entering upon the
property of the school, |
| |||||||
| |||||||
1 | including any conveyance owned, leased, or contracted
by a | ||||||
2 | school to
transport students to or from school or a | ||||||
3 | school-related activity, or on any public way within
1,000 feet | ||||||
4 | of real property comprising any school. Upon receipt of the | ||||||
5 | psychological evaluation,
either the State or the defendant may | ||||||
6 | request a change in the conditions of bail, pursuant to
Section | ||||||
7 | 110-6 of this Code. The court may change the conditions of bail | ||||||
8 | to include a
requirement that the defendant follow the | ||||||
9 | recommendations of the psychological evaluation,
including | ||||||
10 | undergoing psychiatric treatment. The conclusions of the
| ||||||
11 | psychological evaluation and
any statements elicited from the | ||||||
12 | defendant during its administration are not
admissible as | ||||||
13 | evidence
of guilt during the course of any trial on the charged | ||||||
14 | offense, unless the
defendant places his or her
mental | ||||||
15 | competency in issue.
| ||||||
16 | (b) The court may impose other conditions, such as the | ||||||
17 | following, if the
court finds that such conditions are | ||||||
18 | reasonably necessary to assure the
defendant's appearance in | ||||||
19 | court, protect the public from the defendant, or
prevent the | ||||||
20 | defendant's unlawful interference with the orderly | ||||||
21 | administration
of justice:
| ||||||
22 | (1) Report to or appear in person before such person or | ||||||
23 | agency as the
court may direct;
| ||||||
24 | (2) Refrain from possessing a firearm or other | ||||||
25 | dangerous weapon;
| ||||||
26 | (3) Refrain from approaching or communicating with |
| |||||||
| |||||||
1 | particular persons or
classes of persons;
| ||||||
2 | (4) Refrain from going to certain described | ||||||
3 | geographical areas or
premises;
| ||||||
4 | (5) Refrain from engaging in certain activities or | ||||||
5 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
6 | (6) Undergo treatment for drug addiction or | ||||||
7 | alcoholism;
| ||||||
8 | (7) Undergo medical or psychiatric treatment;
| ||||||
9 | (8) Work or pursue a course of study or vocational | ||||||
10 | training;
| ||||||
11 | (9) Attend or reside in a facility designated by the | ||||||
12 | court;
| ||||||
13 | (10) Support his or her dependents;
| ||||||
14 | (11) If a minor resides with his or her parents or in a | ||||||
15 | foster home,
attend school, attend a non-residential | ||||||
16 | program for youths, and contribute
to his or her own | ||||||
17 | support at home or in a foster home;
| ||||||
18 | (12) Observe any curfew ordered by the court;
| ||||||
19 | (13) Remain in the custody of such designated person or | ||||||
20 | organization
agreeing to supervise his release. Such third | ||||||
21 | party custodian shall be
responsible for notifying the | ||||||
22 | court if the defendant fails to observe the
conditions of | ||||||
23 | release which the custodian has agreed to monitor, and | ||||||
24 | shall
be subject to contempt of court for failure so to | ||||||
25 | notify the court;
| ||||||
26 | (14) Be placed under direct supervision of the Pretrial |
| |||||||
| |||||||
1 | Services
Agency, Probation Department or Court Services | ||||||
2 | Department in a pretrial
bond home supervision capacity | ||||||
3 | with or without the use of an approved
electronic | ||||||
4 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
5 | Unified Code of Corrections;
| ||||||
6 | (14.1) The court shall impose upon a defendant who is | ||||||
7 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
8 | controlled substance violation and is placed under
direct | ||||||
9 | supervision of the Pretrial Services Agency, Probation | ||||||
10 | Department or
Court Services Department in a pretrial bond | ||||||
11 | home supervision capacity with
the use of an approved | ||||||
12 | monitoring device, as a condition of such bail bond,
a fee | ||||||
13 | that represents costs incidental to the electronic | ||||||
14 | monitoring for each
day of such bail supervision ordered by | ||||||
15 | the
court, unless after determining the inability of the | ||||||
16 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
17 | or no fee as the case may be. The fee
shall be collected by | ||||||
18 | the clerk of the circuit court. The clerk of the
circuit | ||||||
19 | court shall pay all monies collected from this fee to the | ||||||
20 | county
treasurer for deposit in the substance abuse | ||||||
21 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
22 | (14.2) The court shall impose upon all defendants, | ||||||
23 | including those
defendants subject to paragraph (14.1) | ||||||
24 | above, placed under direct supervision
of the Pretrial | ||||||
25 | Services Agency, Probation Department or Court Services
| ||||||
26 | Department in a pretrial bond home supervision capacity |
| |||||||
| |||||||
1 | with the use of an
approved monitoring device, as a | ||||||
2 | condition of such bail bond, a fee
which shall represent | ||||||
3 | costs incidental to such
electronic monitoring for each day | ||||||
4 | of such bail supervision ordered by the
court, unless after | ||||||
5 | determining the inability of the defendant to pay the fee,
| ||||||
6 | the court assesses a lesser fee or no fee as the case may | ||||||
7 | be. The fee shall be
collected by the clerk of the circuit | ||||||
8 | court. The clerk of the circuit court
shall pay all monies | ||||||
9 | collected from this fee to the county treasurer who shall
| ||||||
10 | use the monies collected to defray the costs of | ||||||
11 | corrections. The county
treasurer shall deposit the fee | ||||||
12 | collected in the county working cash fund under
Section | ||||||
13 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
14 | case may
be;
| ||||||
15 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
16 | establish reasonable
fees to be paid by a person receiving | ||||||
17 | pretrial services while under supervision
of a pretrial | ||||||
18 | services agency, probation department, or court services
| ||||||
19 | department. Reasonable fees may be charged for pretrial | ||||||
20 | services
including, but not limited to, pretrial | ||||||
21 | supervision, diversion programs,
electronic monitoring, | ||||||
22 | victim impact services, drug and alcohol testing, DNA | ||||||
23 | testing, GPS electronic monitoring, assessments and | ||||||
24 | evaluations related to domestic violence and other | ||||||
25 | victims, and
victim mediation services. The person | ||||||
26 | receiving pretrial services may be
ordered to pay all costs |
| |||||||
| |||||||
1 | incidental to pretrial services in accordance with his
or | ||||||
2 | her ability to pay those costs;
| ||||||
3 | (14.4) For persons charged with violating Section | ||||||
4 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
5 | a motor vehicle not equipped with an
ignition interlock | ||||||
6 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
7 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
8 | Secretary of State for the
installation of ignition
| ||||||
9 | interlock devices. Under this condition the court may allow | ||||||
10 | a defendant who is
not
self-employed to operate a vehicle | ||||||
11 | owned by the defendant's employer that is
not equipped with | ||||||
12 | an ignition interlock device in the course and scope of the
| ||||||
13 | defendant's employment;
| ||||||
14 | (15) Comply with the terms and conditions of an order | ||||||
15 | of protection
issued by the court under the Illinois | ||||||
16 | Domestic Violence Act of 1986 or an
order of protection | ||||||
17 | issued by the court of another state, tribe, or United
| ||||||
18 | States territory;
| ||||||
19 | (16) Under Section 110-6.5 comply with the conditions | ||||||
20 | of the drug testing
program; and
| ||||||
21 | (17) Such other reasonable conditions as the court may | ||||||
22 | impose.
| ||||||
23 | (c) When a person is charged with an offense under Section | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
25 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, involving a victim who is a
minor under |
| |||||||
| |||||||
1 | 18 years of age living in the same household with the defendant
| ||||||
2 | at the time of the offense, in granting bail or releasing the | ||||||
3 | defendant on
his own recognizance, the judge shall impose | ||||||
4 | conditions to restrict the
defendant's access to the victim | ||||||
5 | which may include, but are not limited to
conditions that he | ||||||
6 | will:
| ||||||
7 | 1. Vacate the Household.
| ||||||
8 | 2. Make payment of temporary support to his dependents.
| ||||||
9 | 3. Refrain from contact or communication with the child | ||||||
10 | victim, except
as ordered by the court.
| ||||||
11 | (d) When a person is charged with a criminal offense and | ||||||
12 | the victim is
a family or household member as defined in | ||||||
13 | Article 112A, conditions shall
be imposed at the time of the | ||||||
14 | defendant's release on bond that restrict the
defendant's | ||||||
15 | access to the victim.
Unless provided otherwise by the court, | ||||||
16 | the
restrictions shall include
requirements that the defendant | ||||||
17 | do the following:
| ||||||
18 | (1) refrain from contact or communication with the | ||||||
19 | victim for a
minimum period of 72 hours following the | ||||||
20 | defendant's release; and
| ||||||
21 | (2) refrain from entering or remaining at the victim's | ||||||
22 | residence for a
minimum period of 72 hours following the | ||||||
23 | defendant's release.
| ||||||
24 | (e) Local law enforcement agencies shall develop | ||||||
25 | standardized bond forms
for use in cases involving family or | ||||||
26 | household members as defined in
Article 112A, including |
| |||||||
| |||||||
1 | specific conditions of bond as provided in
subsection (d). | ||||||
2 | Failure of any law enforcement department to develop or use
| ||||||
3 | those forms shall in no way limit the applicability and | ||||||
4 | enforcement of
subsections (d) and (f).
| ||||||
5 | (f) If the defendant is admitted to bail after conviction | ||||||
6 | the
conditions of the bail bond shall be that he will, in | ||||||
7 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
8 | hereof:
| ||||||
9 | (1) Duly prosecute his appeal;
| ||||||
10 | (2) Appear at such time and place as the court may | ||||||
11 | direct;
| ||||||
12 | (3) Not depart this State without leave of the court;
| ||||||
13 | (4) Comply with such other reasonable conditions as the | ||||||
14 | court may
impose; and
| ||||||
15 | (5) If the judgment is affirmed or the cause reversed | ||||||
16 | and remanded
for a new trial, forthwith surrender to the | ||||||
17 | officer from whose custody
he was bailed.
| ||||||
18 | (g) Upon a finding of guilty for any felony offense, the | ||||||
19 | defendant shall
physically surrender, at a time and place | ||||||
20 | designated by the court,
any and all firearms in his or her | ||||||
21 | possession and his or her Firearm Owner's
Identification Card | ||||||
22 | as a condition of remaining on bond pending sentencing.
| ||||||
23 | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
24 | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
25 | 1-25-13.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-11.1) | ||||||
2 | Sec. 112A-11.1. Procedure for determining whether certain | ||||||
3 | misdemeanor crimes
are crimes of domestic violence for purposes | ||||||
4 | of federal
law. | ||||||
5 | (a) When a defendant has been charged with a violation of | ||||||
6 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, the State | ||||||
8 | may, at arraignment or no later than 45 days after arraignment, | ||||||
9 | for the purpose of notification to the Department of State | ||||||
10 | Police Firearm Owner's Identification Card Office , serve on the | ||||||
11 | defendant and file with the court a notice alleging that | ||||||
12 | conviction of the offense would subject the defendant to the | ||||||
13 | prohibitions of 18 U.S.C. 922(g)(9) because of the relationship | ||||||
14 | between the defendant and the alleged victim and the nature of | ||||||
15 | the alleged offense. | ||||||
16 | (b) The notice shall include the name of the person alleged | ||||||
17 | to be the victim of the crime and shall specify the nature of | ||||||
18 | the alleged relationship as set forth in 18 U.S.C. | ||||||
19 | 921(a)(33)(A)(ii). It shall also specify the element of the | ||||||
20 | charged offense which requires the use or attempted use of | ||||||
21 | physical force, or the threatened use of a deadly weapon, as | ||||||
22 | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||||||
23 | notice that the defendant is entitled to a hearing on the | ||||||
24 | allegation contained in the notice and that if the allegation | ||||||
25 | is sustained, that determination and conviction shall be | ||||||
26 | reported to the Department of State Police Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card Office . | ||||||
2 | (c) After having been notified as provided in subsection | ||||||
3 | (b) of this Section, the defendant may stipulate or admit, | ||||||
4 | orally on the record or in writing, that conviction of the | ||||||
5 | offense would subject the defendant to the prohibitions of 18 | ||||||
6 | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||||||
7 | 922(g)(9) shall be deemed established for purposes of Section | ||||||
8 | 112A-11.2. If the defendant denies the applicability of 18 | ||||||
9 | U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||||||
10 | or stands mute with respect to that allegation, then the State | ||||||
11 | shall bear the burden to prove beyond a reasonable doubt that | ||||||
12 | the offense is one to which the prohibitions of 18 U.S.C. | ||||||
13 | 922(g)(9) apply. The court may consider reliable hearsay | ||||||
14 | evidence submitted by either party provided that it is relevant | ||||||
15 | to the determination of the allegation. Facts previously proven | ||||||
16 | at trial or elicited at the time of entry of a plea of guilty | ||||||
17 | shall be deemed established beyond a reasonable doubt and shall | ||||||
18 | not be relitigated. At the conclusion of the hearing, or upon a | ||||||
19 | stipulation or admission, as applicable, the court shall make a | ||||||
20 | specific written determination with respect to the allegation.
| ||||||
21 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
22 | (725 ILCS 5/112A-11.2) | ||||||
23 | Sec. 112A-11.2. Notification to the Department of State | ||||||
24 | Police Firearm Owner's Identification Card Office of
| ||||||
25 | determinations in certain misdemeanor cases. Upon judgment of |
| |||||||
| |||||||
1 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
2 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012 when the defendant has been determined, under | ||||||
4 | Section 112A-11.1, to be subject to the prohibitions of 18 | ||||||
5 | U.S.C. 922(g)(9), the circuit court clerk shall include | ||||||
6 | notification and a copy of the written determination in a | ||||||
7 | report of the conviction to the Department of State Police | ||||||
8 | Firearm Owner's Identification Card Office to enable the office | ||||||
9 | to report that determination to the Federal Bureau of | ||||||
10 | Investigation and assist the Bureau in identifying persons | ||||||
11 | prohibited from purchasing and possessing a firearm pursuant to | ||||||
12 | the provisions of 18 U.S.C. 922.
| ||||||
13 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
14 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
15 | Sec. 112A-14. Order of protection; remedies.
| ||||||
16 | (a) Issuance of order. If the court finds that petitioner | ||||||
17 | has been
abused by a family or household member, as defined in | ||||||
18 | this Article, an
order of protection prohibiting such abuse | ||||||
19 | shall issue; provided that
petitioner must also satisfy the | ||||||
20 | requirements of one of the following
Sections, as appropriate: | ||||||
21 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
22 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
23 | not be denied an order of protection because petitioner or
| ||||||
24 | respondent is a minor. The court, when determining whether or | ||||||
25 | not to issue
an order of protection, shall not require physical |
| |||||||
| |||||||
1 | manifestations of abuse
on the person of the victim. | ||||||
2 | Modification and extension of prior orders of
protection shall | ||||||
3 | be in accordance with this Article.
| ||||||
4 | (b) Remedies and standards. The remedies to be included in | ||||||
5 | an order of
protection shall be determined in accordance with | ||||||
6 | this Section and one of
the following Sections, as appropriate: | ||||||
7 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
8 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
9 | listed in this subsection shall be in addition to other civil
| ||||||
10 | or criminal remedies available to petitioner.
| ||||||
11 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
12 | harassment,
interference with personal liberty, | ||||||
13 | intimidation of a dependent, physical
abuse or willful | ||||||
14 | deprivation, as defined in this Article, if such abuse has
| ||||||
15 | occurred or otherwise appears likely to occur if not | ||||||
16 | prohibited.
| ||||||
17 | (2) Grant of exclusive possession of residence. | ||||||
18 | Prohibit respondent
from entering or remaining in any | ||||||
19 | residence, household, or premises of the petitioner,
| ||||||
20 | including one owned or leased by respondent, if petitioner | ||||||
21 | has a right
to occupancy thereof. The grant of exclusive | ||||||
22 | possession of the residence, household, or premises
shall | ||||||
23 | not affect title to real property, nor shall the court be | ||||||
24 | limited by
the standard set forth in Section 701 of the | ||||||
25 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
26 | (A) Right to occupancy. A party has a right to |
| |||||||
| |||||||
1 | occupancy of a
residence or household if it is
solely | ||||||
2 | or jointly owned or leased by that party, that party's | ||||||
3 | spouse, a
person with a legal duty to support that | ||||||
4 | party or a minor child in that
party's care, or by any | ||||||
5 | person or entity other than the opposing party that
| ||||||
6 | authorizes that party's occupancy (e.g., a domestic | ||||||
7 | violence shelter).
Standards set forth in subparagraph | ||||||
8 | (B) shall not preclude equitable relief.
| ||||||
9 | (B) Presumption of hardships. If petitioner and | ||||||
10 | respondent
each has the right to occupancy of a | ||||||
11 | residence or household, the court
shall balance (i) the | ||||||
12 | hardships to respondent and any minor child or
| ||||||
13 | dependent adult in respondent's care resulting from | ||||||
14 | entry of this remedy with (ii)
the hardships to | ||||||
15 | petitioner and any minor child or dependent adult in
| ||||||
16 | petitioner's care resulting from continued exposure to | ||||||
17 | the risk of abuse (should
petitioner remain at the | ||||||
18 | residence or household) or from loss of possession
of | ||||||
19 | the residence or household (should petitioner leave to | ||||||
20 | avoid the risk
of abuse). When determining the balance | ||||||
21 | of hardships, the court shall also
take into account | ||||||
22 | the accessibility of the residence or household.
| ||||||
23 | Hardships need not be balanced if respondent does not | ||||||
24 | have a right to occupancy.
| ||||||
25 | The balance of hardships is presumed to favor | ||||||
26 | possession by
petitioner unless the presumption is |
| |||||||
| |||||||
1 | rebutted by a preponderance of the
evidence, showing | ||||||
2 | that the hardships to respondent substantially | ||||||
3 | outweigh
the hardships to petitioner and any minor | ||||||
4 | child or dependent adult in petitioner's
care. The | ||||||
5 | court, on the request of petitioner or on its own | ||||||
6 | motion,
may order respondent to provide suitable, | ||||||
7 | accessible, alternate housing
for petitioner instead | ||||||
8 | of
excluding respondent from a mutual residence or | ||||||
9 | household.
| ||||||
10 | (3) Stay away order and additional prohibitions.
Order | ||||||
11 | respondent to stay away from petitioner or any other person
| ||||||
12 | protected by the order of protection, or prohibit | ||||||
13 | respondent from entering
or remaining present at | ||||||
14 | petitioner's school, place of employment, or other
| ||||||
15 | specified places at times when petitioner is present, or | ||||||
16 | both, if
reasonable, given
the balance of hardships. | ||||||
17 | Hardships need not be balanced for the court
to enter a | ||||||
18 | stay away order or prohibit entry
if respondent has no | ||||||
19 | right to enter the premises.
| ||||||
20 | If an order of protection grants petitioner exclusive | ||||||
21 | possession
of the residence, or prohibits respondent from | ||||||
22 | entering the residence,
or orders respondent to stay away | ||||||
23 | from petitioner or other
protected persons, then the court | ||||||
24 | may allow respondent access to the
residence to remove | ||||||
25 | items of clothing and personal adornment
used exclusively | ||||||
26 | by respondent, medications, and other items as the court |
| |||||||
| |||||||
1 | directs.
The right to access shall be exercised on only one | ||||||
2 | occasion as the court directs
and in the presence of an | ||||||
3 | agreed-upon adult third party or law enforcement officer.
| ||||||
4 | (4) Counseling. Require or recommend the respondent to | ||||||
5 | undergo
counseling for a specified duration with a social | ||||||
6 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
7 | family service agency, alcohol or
substance abuse program, | ||||||
8 | mental health center guidance counselor, agency
providing | ||||||
9 | services to elders, program designed for domestic violence
| ||||||
10 | abusers or any other guidance service the court deems | ||||||
11 | appropriate. The court may order the respondent in any | ||||||
12 | intimate partner relationship to report to an Illinois | ||||||
13 | Department of Human Services protocol approved partner | ||||||
14 | abuse intervention program for an assessment and to follow | ||||||
15 | all recommended treatment.
| ||||||
16 | (5) Physical care and possession of the minor child. In | ||||||
17 | order to protect
the minor child from abuse, neglect, or | ||||||
18 | unwarranted separation from the person
who has been the | ||||||
19 | minor child's primary caretaker, or to otherwise protect | ||||||
20 | the
well-being of the minor child, the court may do either | ||||||
21 | or both of the following:
(i) grant petitioner physical | ||||||
22 | care or possession of the minor child, or both, or
(ii) | ||||||
23 | order respondent to return a minor child to, or not remove | ||||||
24 | a minor child
from, the physical care of a parent or person | ||||||
25 | in loco parentis.
| ||||||
26 | If a court finds, after a hearing, that respondent has |
| |||||||
| |||||||
1 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
2 | child, there shall be a
rebuttable presumption that | ||||||
3 | awarding physical care to respondent would not
be in the | ||||||
4 | minor child's best interest.
| ||||||
5 | (6) Temporary legal custody.
Award temporary legal | ||||||
6 | custody to petitioner in accordance with this Section,
the | ||||||
7 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
8 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
9 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
10 | If a court finds, after a hearing, that respondent
has | ||||||
11 | committed abuse (as defined in Section 112A-3) of a
minor | ||||||
12 | child, there shall be a rebuttable presumption that | ||||||
13 | awarding
temporary legal custody to respondent would not be | ||||||
14 | in the
child's best interest.
| ||||||
15 | (7) Visitation. Determine the
visitation rights, if | ||||||
16 | any, of respondent in any case in which the court
awards | ||||||
17 | physical care or temporary legal custody of a minor child | ||||||
18 | to
petitioner. The court shall restrict or deny | ||||||
19 | respondent's visitation with
a minor child if
the court | ||||||
20 | finds that respondent has done or is likely to do any of | ||||||
21 | the
following: (i) abuse or endanger the minor child during | ||||||
22 | visitation; (ii) use the
visitation as an opportunity to | ||||||
23 | abuse or harass petitioner or
petitioner's family or | ||||||
24 | household members; (iii) improperly conceal or
detain the | ||||||
25 | minor child; or (iv) otherwise act in a manner that is not | ||||||
26 | in
the best interests of the minor child. The court shall |
| |||||||
| |||||||
1 | not be limited by the
standards set forth in Section 607.1 | ||||||
2 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
3 | If the court grants visitation, the order
shall specify | ||||||
4 | dates and times for the visitation to take place or other
| ||||||
5 | specific parameters or conditions that are appropriate. No | ||||||
6 | order for
visitation shall refer merely to the term | ||||||
7 | "reasonable visitation".
| ||||||
8 | Petitioner may deny respondent access to the minor | ||||||
9 | child if, when
respondent arrives for visitation, | ||||||
10 | respondent is under the influence of drugs
or alcohol and | ||||||
11 | constitutes a threat to the safety and well-being of
| ||||||
12 | petitioner or petitioner's minor children or is behaving in | ||||||
13 | a violent or abusive manner.
| ||||||
14 | If necessary to protect any member of petitioner's | ||||||
15 | family or
household from future abuse, respondent shall be | ||||||
16 | prohibited from coming to
petitioner's residence to meet | ||||||
17 | the minor child for visitation, and the
parties shall | ||||||
18 | submit to the court their recommendations for reasonable
| ||||||
19 | alternative arrangements for visitation. A person may be | ||||||
20 | approved to
supervise visitation only after filing an | ||||||
21 | affidavit accepting
that responsibility and acknowledging | ||||||
22 | accountability to the court.
| ||||||
23 | (8) Removal or concealment of minor child.
Prohibit | ||||||
24 | respondent from
removing a minor child from the State or | ||||||
25 | concealing the child within the
State.
| ||||||
26 | (9) Order to appear. Order the respondent to
appear in |
| |||||||
| |||||||
1 | court, alone
or with a minor child, to prevent abuse, | ||||||
2 | neglect, removal or concealment of
the child, to return the | ||||||
3 | child to the custody or care of the petitioner or
to permit | ||||||
4 | any court-ordered interview or examination of the child or | ||||||
5 | the
respondent.
| ||||||
6 | (10) Possession of personal property. Grant petitioner | ||||||
7 | exclusive
possession of personal property and, if | ||||||
8 | respondent has possession or
control, direct respondent to | ||||||
9 | promptly make it available to petitioner, if:
| ||||||
10 | (i) petitioner, but not respondent, owns the | ||||||
11 | property; or
| ||||||
12 | (ii) the parties own the property jointly; sharing | ||||||
13 | it would risk
abuse of petitioner by respondent or is | ||||||
14 | impracticable; and the balance of
hardships favors | ||||||
15 | temporary possession by petitioner.
| ||||||
16 | If petitioner's sole claim to ownership of the property | ||||||
17 | is that it is
marital property, the court may award | ||||||
18 | petitioner temporary possession
thereof under the | ||||||
19 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
20 | proper proceeding has been filed under the Illinois | ||||||
21 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
22 | hereafter amended.
| ||||||
23 | No order under this provision shall affect title to | ||||||
24 | property.
| ||||||
25 | (11) Protection of property. Forbid the respondent | ||||||
26 | from taking,
transferring, encumbering, concealing, |
| |||||||
| |||||||
1 | damaging or otherwise disposing of
any real or personal | ||||||
2 | property, except as explicitly authorized by the
court, if:
| ||||||
3 | (i) petitioner, but not respondent, owns the | ||||||
4 | property; or
| ||||||
5 | (ii) the parties own the property jointly,
and the | ||||||
6 | balance of hardships favors granting this remedy.
| ||||||
7 | If petitioner's sole claim to ownership of the property | ||||||
8 | is that it is
marital property, the court may grant | ||||||
9 | petitioner relief under subparagraph
(ii) of this | ||||||
10 | paragraph only if a proper proceeding has been filed under | ||||||
11 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
12 | now or hereafter amended.
| ||||||
13 | The court may further prohibit respondent from | ||||||
14 | improperly using the
financial or other resources of an | ||||||
15 | aged member of the family or household
for the profit or | ||||||
16 | advantage of respondent or of any other person.
| ||||||
17 | (11.5) Protection of animals. Grant the petitioner the | ||||||
18 | exclusive care, custody, or control of any animal owned, | ||||||
19 | possessed, leased, kept, or held by either the petitioner | ||||||
20 | or the respondent or a minor child residing in the | ||||||
21 | residence or household of either the petitioner or the | ||||||
22 | respondent and order the respondent to stay away from the | ||||||
23 | animal and forbid the respondent from taking, | ||||||
24 | transferring, encumbering, concealing, harming, or | ||||||
25 | otherwise disposing of the animal.
| ||||||
26 | (12) Order for payment of support. Order
respondent to |
| |||||||
| |||||||
1 | pay temporary
support for the petitioner or any child in | ||||||
2 | the petitioner's care or
custody, when the respondent has a | ||||||
3 | legal obligation to support that person,
in accordance with | ||||||
4 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
5 | which shall govern, among other matters, the amount of
| ||||||
6 | support, payment through the clerk and withholding of | ||||||
7 | income to secure
payment. An order for child support may be | ||||||
8 | granted to a petitioner with
lawful physical care or | ||||||
9 | custody of a child, or an order or agreement for
physical | ||||||
10 | care or custody, prior to entry of an order for legal | ||||||
11 | custody.
Such a support order shall expire upon entry of a | ||||||
12 | valid order granting
legal custody to another, unless | ||||||
13 | otherwise provided in the custody order.
| ||||||
14 | (13) Order for payment of losses. Order
respondent to | ||||||
15 | pay petitioner
for losses suffered as a direct result of | ||||||
16 | the abuse. Such losses shall
include, but not be limited | ||||||
17 | to, medical expenses, lost earnings or other
support, | ||||||
18 | repair or replacement of property damaged or taken, | ||||||
19 | reasonable
attorney's fees, court costs and moving or other | ||||||
20 | travel expenses, including
additional reasonable expenses | ||||||
21 | for temporary shelter and restaurant meals.
| ||||||
22 | (i) Losses affecting family needs. If a party is | ||||||
23 | entitled to seek
maintenance, child support or | ||||||
24 | property distribution from the other party
under the | ||||||
25 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
26 | now or
hereafter amended, the court may order |
| |||||||
| |||||||
1 | respondent to reimburse petitioner's
actual losses, to | ||||||
2 | the extent that such reimbursement would be | ||||||
3 | "appropriate
temporary relief", as authorized by | ||||||
4 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
5 | (ii) Recovery of expenses. In the case of an | ||||||
6 | improper concealment
or removal of a minor child, the | ||||||
7 | court may order respondent to pay the reasonable
| ||||||
8 | expenses incurred or to be incurred in the search for | ||||||
9 | and recovery of the
minor child, including but not | ||||||
10 | limited to legal fees, court costs, private
| ||||||
11 | investigator fees, and travel costs.
| ||||||
12 | (14) Prohibition of entry. Prohibit the respondent | ||||||
13 | from entering or
remaining in the residence or household | ||||||
14 | while the respondent is under the
influence of alcohol or | ||||||
15 | drugs and constitutes a threat to the safety and
well-being | ||||||
16 | of the petitioner or the petitioner's children.
| ||||||
17 | (14.5) Prohibition of firearm possession. | ||||||
18 | (A) A person who is subject to an existing order of | ||||||
19 | protection, interim order of protection, emergency | ||||||
20 | order of protection, or plenary order of protection, | ||||||
21 | issued under this Code may not lawfully possess | ||||||
22 | firearms, stun guns, or tasers weapons under Section | ||||||
23 | 8.2 of the Firearm Owners Identification Card Act . | ||||||
24 | (B) Any firearms in the
possession of the | ||||||
25 | respondent, except as provided in subparagraph (C) of | ||||||
26 | this paragraph (14.5), shall be ordered by the court to |
| |||||||
| |||||||
1 | be turned
over to a person who is not prohibited under | ||||||
2 | State or federal law from possessing firearms with a | ||||||
3 | valid Firearm Owner's Identification Card for | ||||||
4 | safekeeping. The court shall issue an order that the | ||||||
5 | respondent's Firearm Owner's Identification Card be | ||||||
6 | turned over to the local law enforcement agency, which | ||||||
7 | in turn shall immediately mail the card to the | ||||||
8 | Department of State Police Firearm Owner's | ||||||
9 | Identification Card Office for safekeeping.
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 respondent | ||||||
14 | at expiration of the order of protection.
| ||||||
15 | (C) If the respondent is a peace officer as defined | ||||||
16 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
17 | shall order that any firearms used by the
respondent in | ||||||
18 | the performance of his or her duties as a
peace officer | ||||||
19 | be surrendered to
the chief law enforcement executive | ||||||
20 | of the agency in which the respondent is
employed, who | ||||||
21 | shall retain the firearms for safekeeping for the | ||||||
22 | duration of the order of protection.
| ||||||
23 | (D) Upon expiration of the period of safekeeping, | ||||||
24 | if the firearms or Firearm Owner's Identification Card | ||||||
25 | cannot be returned to respondent because respondent | ||||||
26 | cannot be located, fails to respond to requests to |
| |||||||
| |||||||
1 | retrieve the firearms, or is not lawfully eligible to | ||||||
2 | possess a firearm, upon petition from the local law | ||||||
3 | enforcement agency, the court may order the local law | ||||||
4 | enforcement agency to destroy the firearms, use the | ||||||
5 | firearms for training purposes, or for any other | ||||||
6 | application as deemed appropriate by the local law | ||||||
7 | enforcement agency; or that the firearms be turned over | ||||||
8 | to a third party who is lawfully eligible to possess | ||||||
9 | firearms, and who does not reside with respondent.
| ||||||
10 | (15) Prohibition of access to records. If an order of | ||||||
11 | protection
prohibits respondent from having contact with | ||||||
12 | the minor child,
or if petitioner's address is omitted | ||||||
13 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
14 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
15 | child, the order shall deny respondent access to, and
| ||||||
16 | prohibit respondent from inspecting, obtaining, or | ||||||
17 | attempting to
inspect or obtain, school or any other | ||||||
18 | records of the minor child
who is in the care of | ||||||
19 | petitioner.
| ||||||
20 | (16) Order for payment of shelter services. Order | ||||||
21 | respondent to
reimburse a shelter providing temporary | ||||||
22 | housing and counseling services to
the petitioner for the | ||||||
23 | cost of the services, as certified by the shelter
and | ||||||
24 | deemed reasonable by the court.
| ||||||
25 | (17) Order for injunctive relief. Enter injunctive | ||||||
26 | relief necessary
or appropriate to prevent further abuse of |
| |||||||
| |||||||
1 | a family or household member or
to effectuate one of the | ||||||
2 | granted remedies, if supported by the balance of
hardships. | ||||||
3 | If the harm to be prevented by the injunction is abuse or | ||||||
4 | any
other harm that one of the remedies listed in | ||||||
5 | paragraphs (1) through (16)
of this subsection is designed | ||||||
6 | to prevent, no further evidence is necessary
to establish | ||||||
7 | that the harm is an irreparable injury.
| ||||||
8 | (c) Relevant factors; findings.
| ||||||
9 | (1) In determining whether to grant a
specific remedy, | ||||||
10 | other than payment of support, the
court shall consider | ||||||
11 | relevant factors, including but not limited to the
| ||||||
12 | following:
| ||||||
13 | (i) the nature, frequency, severity, pattern and | ||||||
14 | consequences of the
respondent's past abuse of the | ||||||
15 | petitioner or any family or household
member, | ||||||
16 | including the concealment of his or her location in | ||||||
17 | order to evade
service of process or notice, and the | ||||||
18 | likelihood of danger of future abuse to
petitioner or
| ||||||
19 | any member of petitioner's or respondent's family or | ||||||
20 | household; and
| ||||||
21 | (ii) the danger that any minor child will be abused | ||||||
22 | or neglected or
improperly removed from the | ||||||
23 | jurisdiction, improperly concealed within the
State or | ||||||
24 | improperly separated from the child's primary | ||||||
25 | caretaker.
| ||||||
26 | (2) In comparing relative hardships resulting to the |
| |||||||
| |||||||
1 | parties from loss
of possession of the family home, the | ||||||
2 | court shall consider relevant
factors, including but not | ||||||
3 | limited to the following:
| ||||||
4 | (i) availability, accessibility, cost, safety, | ||||||
5 | adequacy, location and other
characteristics of | ||||||
6 | alternate housing for each party and any minor child or
| ||||||
7 | dependent adult in the party's care;
| ||||||
8 | (ii) the effect on the party's employment; and
| ||||||
9 | (iii) the effect on the relationship of the party, | ||||||
10 | and any minor
child or dependent adult in the party's | ||||||
11 | care, to family, school, church
and community.
| ||||||
12 | (3) Subject to the exceptions set forth in paragraph | ||||||
13 | (4) of this
subsection, the court shall make its findings | ||||||
14 | in an official record or in
writing, and shall at a minimum | ||||||
15 | set forth the following:
| ||||||
16 | (i) That the court has considered the applicable | ||||||
17 | relevant factors
described in paragraphs (1) and (2) of | ||||||
18 | this subsection.
| ||||||
19 | (ii) Whether the conduct or actions of respondent, | ||||||
20 | unless
prohibited, will likely cause irreparable harm | ||||||
21 | or continued abuse.
| ||||||
22 | (iii) Whether it is necessary to grant the | ||||||
23 | requested relief in order
to protect petitioner or | ||||||
24 | other alleged abused persons.
| ||||||
25 | (4) For purposes of issuing an ex parte emergency order | ||||||
26 | of protection,
the court, as an alternative to or as a |
| |||||||
| |||||||
1 | supplement to making the findings
described in paragraphs | ||||||
2 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
3 | the following procedure:
| ||||||
4 | When a verified petition for an emergency order of | ||||||
5 | protection in
accordance with the requirements of Sections | ||||||
6 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
7 | shall examine petitioner on oath or
affirmation. An | ||||||
8 | emergency order of protection shall be issued by the court
| ||||||
9 | if it appears from the contents of the petition and the | ||||||
10 | examination of
petitioner that the averments are | ||||||
11 | sufficient to indicate abuse by
respondent and to support | ||||||
12 | the granting of relief under the issuance of the
emergency | ||||||
13 | order of protection.
| ||||||
14 | (5) Never married parties. No rights or | ||||||
15 | responsibilities for a minor
child born outside of marriage | ||||||
16 | attach to a putative father until a father and
child | ||||||
17 | relationship has been established under the Illinois | ||||||
18 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
19 | putative father shall be granted
temporary custody of the | ||||||
20 | minor child, visitation with the minor child, or
physical | ||||||
21 | care
and possession of the minor child, nor shall
an order | ||||||
22 | of payment for support of the minor child be entered.
| ||||||
23 | (d) Balance of hardships; findings. If the court finds that | ||||||
24 | the balance
of hardships does not support the granting of a | ||||||
25 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
26 | subsection (b) of this Section,
which may require such |
| |||||||
| |||||||
1 | balancing, the court's findings shall so
indicate and shall | ||||||
2 | include a finding as to whether granting the remedy will
result | ||||||
3 | in hardship to respondent that would substantially outweigh the | ||||||
4 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
5 | shall be an official record or in
writing.
| ||||||
6 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
7 | based, in
whole or in part, on evidence that:
| ||||||
8 | (1) Respondent has cause for any use of force, unless | ||||||
9 | that cause
satisfies the standards for justifiable use of | ||||||
10 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
11 | (2) Respondent was voluntarily intoxicated;
| ||||||
12 | (3) Petitioner acted in self-defense or defense of | ||||||
13 | another, provided
that, if petitioner utilized force, such | ||||||
14 | force was justifiable under
Article 7 of the Criminal Code | ||||||
15 | of 2012;
| ||||||
16 | (4) Petitioner did not act in self-defense or defense | ||||||
17 | of another;
| ||||||
18 | (5) Petitioner left the residence or household to avoid | ||||||
19 | further abuse
by respondent;
| ||||||
20 | (6) Petitioner did not leave the residence or household | ||||||
21 | to avoid further
abuse by respondent;
| ||||||
22 | (7) Conduct by any family or household member excused | ||||||
23 | the abuse by
respondent, unless that same conduct would | ||||||
24 | have excused such abuse if the
parties had not been family | ||||||
25 | or household members.
| ||||||
26 | (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
2 | Section 95. The Unified Code of Corrections is amended by | ||||||
3 | changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
| ||||||
4 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
5 | Sec. 5-5-3. Disposition.
| ||||||
6 | (a) (Blank).
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) (1) (Blank).
| ||||||
9 | (2) A period of probation, a term of periodic imprisonment | ||||||
10 | or
conditional discharge shall not be imposed for the following | ||||||
11 | offenses.
The court shall sentence the offender to not less | ||||||
12 | than the minimum term
of imprisonment set forth in this Code | ||||||
13 | for the following offenses, and
may order a fine or restitution | ||||||
14 | or both in conjunction with such term of
imprisonment:
| ||||||
15 | (A) First degree murder where the death penalty is not | ||||||
16 | imposed.
| ||||||
17 | (B) Attempted first degree murder.
| ||||||
18 | (C) A Class X felony.
| ||||||
19 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
20 | Controlled Substances Act, or a violation of subdivision | ||||||
21 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
22 | to more than 5 grams of a substance
containing cocaine, | ||||||
23 | fentanyl, or an analog thereof.
| ||||||
24 | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| |||||||
| |||||||
1 | of the Illinois Controlled Substances Act which relates to | ||||||
2 | 3 or more grams of a substance
containing heroin or an | ||||||
3 | analog thereof. | ||||||
4 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
5 | Control
Act.
| ||||||
6 | (F) A Class 2 or greater felony if the offender had | ||||||
7 | been convicted
of a Class 2 or greater felony, including | ||||||
8 | any state or federal conviction for an offense that | ||||||
9 | contained, at the time it was committed, the same elements | ||||||
10 | as an offense now (the date of the offense committed after | ||||||
11 | the prior Class 2 or greater felony) classified as a Class | ||||||
12 | 2 or greater felony, within 10 years of the date on which | ||||||
13 | the
offender
committed the offense for which he or she is | ||||||
14 | being sentenced, except as
otherwise provided in Section | ||||||
15 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
16 | Act.
| ||||||
17 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
19 | which imprisonment is prescribed in those Sections. | ||||||
20 | (G) Residential burglary, except as otherwise provided | ||||||
21 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
22 | Dependency Act.
| ||||||
23 | (H) Criminal sexual assault.
| ||||||
24 | (I) Aggravated battery of a senior citizen as described | ||||||
25 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (J) A forcible felony if the offense was related to the | ||||||
2 | activities of an
organized gang.
| ||||||
3 | Before July 1, 1994, for the purposes of this | ||||||
4 | paragraph, "organized
gang" means an association of 5 or | ||||||
5 | more persons, with an established hierarchy,
that | ||||||
6 | encourages members of the association to perpetrate crimes | ||||||
7 | or provides
support to the members of the association who | ||||||
8 | do commit crimes.
| ||||||
9 | Beginning July 1, 1994, for the purposes of this | ||||||
10 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
11 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
12 | Prevention Act.
| ||||||
13 | (K) Vehicular hijacking.
| ||||||
14 | (L) A second or subsequent conviction for the offense | ||||||
15 | of hate crime
when the underlying offense upon which the | ||||||
16 | hate crime is based is felony
aggravated
assault or felony | ||||||
17 | mob action.
| ||||||
18 | (M) A second or subsequent conviction for the offense | ||||||
19 | of institutional
vandalism if the damage to the property | ||||||
20 | exceeds $300.
| ||||||
21 | (N) (Blank). A Class 3 felony violation of paragraph | ||||||
22 | (1) of subsection (a) of
Section 2 of the Firearm Owners | ||||||
23 | Identification Card Act.
| ||||||
24 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
26 | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| |||||||
| |||||||
1 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012.
| ||||||
3 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
4 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
5 | Code of
1961 or the Criminal Code of 2012.
| ||||||
6 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
7 | of
1961 or the Criminal Code of 2012.
| ||||||
8 | (S) (Blank).
| ||||||
9 | (T) A second or subsequent violation of the | ||||||
10 | Methamphetamine Control and Community Protection Act.
| ||||||
11 | (U) A second or subsequent violation of Section 6-303 | ||||||
12 | of the Illinois Vehicle Code committed while his or her | ||||||
13 | driver's license, permit, or privilege was revoked because | ||||||
14 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012, relating to the offense of | ||||||
16 | reckless homicide, or a similar provision of a law of | ||||||
17 | another state.
| ||||||
18 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
19 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
20 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
21 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
22 | Code of 2012 when the victim is under 13 years of age and | ||||||
23 | the defendant has previously been convicted under the laws | ||||||
24 | of this State or any other state of the offense of child | ||||||
25 | pornography, aggravated child pornography, aggravated | ||||||
26 | criminal sexual abuse, aggravated criminal sexual assault, |
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child, or any of the | ||||||
2 | offenses formerly known as rape, deviate sexual assault, | ||||||
3 | indecent liberties with a child, or aggravated indecent | ||||||
4 | liberties with a child where the victim was under the age | ||||||
5 | of 18 years or an offense that is substantially equivalent | ||||||
6 | to those offenses. | ||||||
7 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
8 | of 1961 or the Criminal Code of 2012.
| ||||||
9 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
11 | (Y) A conviction for unlawful possession of a firearm | ||||||
12 | by a street gang member when the firearm was loaded or | ||||||
13 | contained firearm ammunition. | ||||||
14 | (Z) A Class 1 felony committed while he or she was | ||||||
15 | serving a term of probation or conditional discharge for a | ||||||
16 | felony. | ||||||
17 | (AA) Theft of property exceeding $500,000 and not | ||||||
18 | exceeding $1,000,000 in value. | ||||||
19 | (BB) Laundering of criminally derived property of a | ||||||
20 | value exceeding
$500,000. | ||||||
21 | (CC) Knowingly selling, offering for sale, holding for | ||||||
22 | sale, or using 2,000 or more counterfeit items or | ||||||
23 | counterfeit items having a retail value in the aggregate of | ||||||
24 | $500,000 or more. | ||||||
25 | (DD) A conviction for aggravated assault under | ||||||
26 | paragraph (6) of subsection (c) of Section 12-2 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
2 | firearm is aimed toward the person against whom the firearm | ||||||
3 | is being used. | ||||||
4 | (3) (Blank).
| ||||||
5 | (4) A minimum term of imprisonment of not less than 10
| ||||||
6 | consecutive days or 30 days of community service shall be | ||||||
7 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
8 | the Illinois Vehicle Code.
| ||||||
9 | (4.1) (Blank).
| ||||||
10 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
11 | this subsection (c), a
minimum of
100 hours of community | ||||||
12 | service shall be imposed for a second violation of
Section | ||||||
13 | 6-303
of the Illinois Vehicle Code.
| ||||||
14 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
15 | hours of community
service, as determined by the court, shall
| ||||||
16 | be imposed for a second violation of subsection (c) of Section | ||||||
17 | 6-303 of the
Illinois Vehicle Code.
| ||||||
18 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
19 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
20 | 30 days or 300 hours of community service, as
determined by the | ||||||
21 | court, shall
be imposed
for a third or subsequent violation of | ||||||
22 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
23 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
24 | imposed for a third violation of subsection (c) of
Section | ||||||
25 | 6-303 of the Illinois Vehicle Code.
| ||||||
26 | (4.6) Except as provided in paragraph (4.10) of this |
| |||||||
| |||||||
1 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
2 | shall be imposed for a
fourth or subsequent violation of | ||||||
3 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
4 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
5 | consecutive days, or 300 hours of community service, shall be | ||||||
6 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
7 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
8 | that Section.
| ||||||
9 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
10 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
11 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
12 | Section. The person's driving privileges shall be revoked for a | ||||||
13 | period of not less than 5 years from the date of his or her | ||||||
14 | release from prison.
| ||||||
15 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
16 | not more than 15 years shall be imposed for a third violation | ||||||
17 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
18 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
19 | person's driving privileges shall be revoked for the remainder | ||||||
20 | of his or her life.
| ||||||
21 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
22 | shall be imposed, and the person shall be eligible for an | ||||||
23 | extended term sentence, for a fourth or subsequent violation of | ||||||
24 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
25 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
26 | driving privileges shall be revoked for the remainder of his or |
| |||||||
| |||||||
1 | her life.
| ||||||
2 | (5) The court may sentence a corporation or unincorporated
| ||||||
3 | association convicted of any offense to:
| ||||||
4 | (A) a period of conditional discharge;
| ||||||
5 | (B) a fine;
| ||||||
6 | (C) make restitution to the victim under Section 5-5-6 | ||||||
7 | of this Code.
| ||||||
8 | (5.1) In addition to any other penalties imposed, and | ||||||
9 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
10 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
11 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
12 | permit, or privileges
suspended for at least 90 days but not | ||||||
13 | more than one year, if the violation
resulted in damage to the | ||||||
14 | property of another person.
| ||||||
15 | (5.2) In addition to any other penalties imposed, and | ||||||
16 | except as provided in paragraph (5.3), a person convicted
of | ||||||
17 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
18 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
19 | privileges suspended for at
least 180 days but not more than 2 | ||||||
20 | years, if the violation resulted in injury
to
another person.
| ||||||
21 | (5.3) In addition to any other penalties imposed, a person | ||||||
22 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
23 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
24 | permit, or privileges suspended for 2 years, if the violation | ||||||
25 | resulted in the
death of another person.
| ||||||
26 | (5.4) In addition to any other penalties imposed, a person |
| |||||||
| |||||||
1 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
2 | Code shall have his or her driver's license, permit, or | ||||||
3 | privileges suspended for 3 months and until he or she has paid | ||||||
4 | a reinstatement fee of $100. | ||||||
5 | (5.5) In addition to any other penalties imposed, a person | ||||||
6 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
7 | Code during a period in which his or her driver's license, | ||||||
8 | permit, or privileges were suspended for a previous violation | ||||||
9 | of that Section shall have his or her driver's license, permit, | ||||||
10 | or privileges suspended for an additional 6 months after the | ||||||
11 | expiration of the original 3-month suspension and until he or | ||||||
12 | she has paid a reinstatement fee of $100.
| ||||||
13 | (6) (Blank).
| ||||||
14 | (7) (Blank).
| ||||||
15 | (8) (Blank).
| ||||||
16 | (9) A defendant convicted of a second or subsequent offense | ||||||
17 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
18 | natural life imprisonment.
| ||||||
19 | (10) (Blank).
| ||||||
20 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
21 | first offense
and $2,000 for a second or subsequent offense | ||||||
22 | upon a person convicted of or
placed on supervision for battery | ||||||
23 | when the individual harmed was a sports
official or coach at | ||||||
24 | any level of competition and the act causing harm to the
sports
| ||||||
25 | official or coach occurred within an athletic facility or | ||||||
26 | within the immediate vicinity
of the athletic facility at which |
| |||||||
| |||||||
1 | the sports official or coach was an active
participant
of the | ||||||
2 | athletic contest held at the athletic facility. For the | ||||||
3 | purposes of
this paragraph (11), "sports official" means a | ||||||
4 | person at an athletic contest
who enforces the rules of the | ||||||
5 | contest, such as an umpire or referee; "athletic facility" | ||||||
6 | means an indoor or outdoor playing field or recreational area | ||||||
7 | where sports activities are conducted;
and "coach" means a | ||||||
8 | person recognized as a coach by the sanctioning
authority that | ||||||
9 | conducted the sporting event. | ||||||
10 | (12) A person may not receive a disposition of court | ||||||
11 | supervision for a
violation of Section 5-16 of the Boat | ||||||
12 | Registration and Safety Act if that
person has previously | ||||||
13 | received a disposition of court supervision for a
violation of | ||||||
14 | that Section.
| ||||||
15 | (13) A person convicted of or placed on court supervision | ||||||
16 | for an assault or aggravated assault when the victim and the | ||||||
17 | offender are family or household members as defined in Section | ||||||
18 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
19 | of domestic battery or aggravated domestic battery may be | ||||||
20 | required to attend a Partner Abuse Intervention Program under | ||||||
21 | protocols set forth by the Illinois Department of Human | ||||||
22 | Services under such terms and conditions imposed by the court. | ||||||
23 | The costs of such classes shall be paid by the offender.
| ||||||
24 | (d) In any case in which a sentence originally imposed is | ||||||
25 | vacated,
the case shall be remanded to the trial court. The | ||||||
26 | trial court shall
hold a hearing under Section 5-4-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections
which may include evidence of the | ||||||
2 | defendant's life, moral character and
occupation during the | ||||||
3 | time since the original sentence was passed. The
trial court | ||||||
4 | shall then impose sentence upon the defendant. The trial
court | ||||||
5 | may impose any sentence which could have been imposed at the
| ||||||
6 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
7 | Corrections.
If a sentence is vacated on appeal or on | ||||||
8 | collateral attack due to the
failure of the trier of fact at | ||||||
9 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
10 | fact (other than a prior conviction) necessary to increase the
| ||||||
11 | punishment for the offense beyond the statutory maximum | ||||||
12 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
13 | to a term within the range otherwise
provided or, if the State | ||||||
14 | files notice of its intention to again seek the
extended | ||||||
15 | sentence, the defendant shall be afforded a new trial.
| ||||||
16 | (e) In cases where prosecution for
aggravated criminal | ||||||
17 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
19 | of a defendant
who was a family member of the victim at the | ||||||
20 | time of the commission of the
offense, the court shall consider | ||||||
21 | the safety and welfare of the victim and
may impose a sentence | ||||||
22 | of probation only where:
| ||||||
23 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
24 | (A) the defendant is willing to undergo a court | ||||||
25 | approved counseling
program for a minimum duration of 2 | ||||||
26 | years; or
|
| |||||||
| |||||||
1 | (B) the defendant is willing to participate in a | ||||||
2 | court approved plan
including but not limited to the | ||||||
3 | defendant's:
| ||||||
4 | (i) removal from the household;
| ||||||
5 | (ii) restricted contact with the victim;
| ||||||
6 | (iii) continued financial support of the | ||||||
7 | family;
| ||||||
8 | (iv) restitution for harm done to the victim; | ||||||
9 | and
| ||||||
10 | (v) compliance with any other measures that | ||||||
11 | the court may
deem appropriate; and
| ||||||
12 | (2) the court orders the defendant to pay for the | ||||||
13 | victim's counseling
services, to the extent that the court | ||||||
14 | finds, after considering the
defendant's income and | ||||||
15 | assets, that the defendant is financially capable of
paying | ||||||
16 | for such services, if the victim was under 18 years of age | ||||||
17 | at the
time the offense was committed and requires | ||||||
18 | counseling as a result of the
offense.
| ||||||
19 | Probation may be revoked or modified pursuant to Section | ||||||
20 | 5-6-4; except
where the court determines at the hearing that | ||||||
21 | the defendant violated a
condition of his or her probation | ||||||
22 | restricting contact with the victim or
other family members or | ||||||
23 | commits another offense with the victim or other
family | ||||||
24 | members, the court shall revoke the defendant's probation and
| ||||||
25 | impose a term of imprisonment.
| ||||||
26 | For the purposes of this Section, "family member" and |
| |||||||
| |||||||
1 | "victim" shall have
the meanings ascribed to them in Section | ||||||
2 | 11-0.1 of the Criminal Code of
2012.
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) Whenever a defendant is convicted of an offense under | ||||||
5 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
6 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
7 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
8 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
9 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
11 | testing to
determine whether the defendant has any sexually | ||||||
12 | transmissible disease,
including a test for infection with | ||||||
13 | human immunodeficiency virus (HIV) or
any other identified | ||||||
14 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
15 | Any such medical test shall be performed only by appropriately
| ||||||
16 | licensed medical practitioners and may include an analysis of | ||||||
17 | any bodily
fluids as well as an examination of the defendant's | ||||||
18 | person.
Except as otherwise provided by law, the results of | ||||||
19 | such test shall be kept
strictly confidential by all medical | ||||||
20 | personnel involved in the testing and must
be personally | ||||||
21 | delivered in a sealed envelope to the judge of the court in | ||||||
22 | which
the conviction was entered for the judge's inspection in | ||||||
23 | camera. Acting in
accordance with the best interests of the | ||||||
24 | victim and the public, the judge
shall have the discretion to | ||||||
25 | determine to whom, if anyone, the results of the
testing may be | ||||||
26 | revealed. The court shall notify the defendant
of the test |
| |||||||
| |||||||
1 | results. The court shall
also notify the victim if requested by | ||||||
2 | the victim, and if the victim is under
the age of 15 and if | ||||||
3 | requested by the victim's parents or legal guardian, the
court | ||||||
4 | shall notify the victim's parents or legal guardian of the test
| ||||||
5 | results.
The court shall provide information on the | ||||||
6 | availability of HIV testing
and counseling at Department of | ||||||
7 | Public Health facilities to all parties to
whom the results of | ||||||
8 | the testing are revealed and shall direct the State's
Attorney | ||||||
9 | to provide the information to the victim when possible.
A | ||||||
10 | State's Attorney may petition the court to obtain the results | ||||||
11 | of any HIV test
administered under this Section, and the court | ||||||
12 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
13 | relevant in order to prosecute a charge of
criminal | ||||||
14 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
16 | defendant. The court shall order that the cost of any such test
| ||||||
17 | shall be paid by the county and may be taxed as costs against | ||||||
18 | the convicted
defendant.
| ||||||
19 | (g-5) When an inmate is tested for an airborne communicable | ||||||
20 | disease, as
determined by the Illinois Department of Public | ||||||
21 | Health including but not
limited to tuberculosis, the results | ||||||
22 | of the test shall be
personally delivered by the warden or his | ||||||
23 | or her designee in a sealed envelope
to the judge of the court | ||||||
24 | in which the inmate must appear for the judge's
inspection in | ||||||
25 | camera if requested by the judge. Acting in accordance with the
| ||||||
26 | best interests of those in the courtroom, the judge shall have |
| |||||||
| |||||||
1 | the discretion
to determine what if any precautions need to be | ||||||
2 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo
medical testing to determine whether | ||||||
6 | the defendant has been exposed to human
immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of
acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by
law, the results of such test shall be kept strictly | ||||||
10 | confidential by all
medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a
sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered
for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best
interests of the public, the judge shall have the | ||||||
15 | discretion to determine to
whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall
notify the defendant | ||||||
17 | of a positive test showing an infection with the human
| ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the
availability of HIV testing and counseling | ||||||
20 | at Department of Public Health
facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and
shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when
possible. A State's Attorney may petition the court to | ||||||
24 | obtain the results of
any HIV test administered under this | ||||||
25 | Section, and the court shall grant the
disclosure if the | ||||||
26 | State's Attorney shows it is relevant in order to prosecute a
|
| |||||||
| |||||||
1 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
2 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
3 | 2012 against the defendant. The court shall order that the cost | ||||||
4 | of any
such test shall be paid by the county and may be taxed as | ||||||
5 | costs against the
convicted defendant.
| ||||||
6 | (i) All fines and penalties imposed under this Section for | ||||||
7 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
8 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
9 | any violation
of the Child Passenger Protection Act, or a | ||||||
10 | similar provision of a local
ordinance, shall be collected and | ||||||
11 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (j) In cases when prosecution for any violation of Section | ||||||
14 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
15 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
16 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
17 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
18 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, any violation of the Illinois Controlled | ||||||
20 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
21 | any violation of the Methamphetamine Control and Community | ||||||
22 | Protection Act results in conviction, a
disposition of court | ||||||
23 | supervision, or an order of probation granted under
Section 10 | ||||||
24 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
25 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
26 | Control and Community Protection Act of a defendant, the court |
| |||||||
| |||||||
1 | shall determine whether the
defendant is employed by a facility | ||||||
2 | or center as defined under the Child Care
Act of 1969, a public | ||||||
3 | or private elementary or secondary school, or otherwise
works | ||||||
4 | with children under 18 years of age on a daily basis. When a | ||||||
5 | defendant
is so employed, the court shall order the Clerk of | ||||||
6 | the Court to send a copy of
the judgment of conviction or order | ||||||
7 | of supervision or probation to the
defendant's employer by | ||||||
8 | certified mail.
If the employer of the defendant is a school, | ||||||
9 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
10 | the judgment of conviction or order of
supervision or probation | ||||||
11 | to the appropriate regional superintendent of schools.
The | ||||||
12 | regional superintendent of schools shall notify the State Board | ||||||
13 | of
Education of any notification under this subsection.
| ||||||
14 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
15 | of a felony and
who has not been previously convicted of a | ||||||
16 | misdemeanor or felony and who is
sentenced to a term of | ||||||
17 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
18 | a condition of his or her sentence be required by the court to | ||||||
19 | attend
educational courses designed to prepare the defendant | ||||||
20 | for a high school diploma
and to work toward a high school | ||||||
21 | diploma or to work toward passing high school equivalency | ||||||
22 | testing or to work toward
completing a vocational training | ||||||
23 | program offered by the Department of
Corrections. If a | ||||||
24 | defendant fails to complete the educational training
required | ||||||
25 | by his or her sentence during the term of incarceration, the | ||||||
26 | Prisoner
Review Board shall, as a condition of mandatory |
| |||||||
| |||||||
1 | supervised release, require the
defendant, at his or her own | ||||||
2 | expense, to pursue a course of study toward a high
school | ||||||
3 | diploma or passage of high school equivalency testing. The | ||||||
4 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
5 | release of a defendant who wilfully fails to
comply with this | ||||||
6 | subsection (j-5) upon his or her release from confinement in a
| ||||||
7 | penal institution while serving a mandatory supervised release | ||||||
8 | term; however,
the inability of the defendant after making a | ||||||
9 | good faith effort to obtain
financial aid or pay for the | ||||||
10 | educational training shall not be deemed a wilful
failure to | ||||||
11 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
12 | whose mandatory supervised release term has been revoked under | ||||||
13 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
14 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
15 | school diploma or has successfully passed high school | ||||||
16 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
17 | defendant who is determined by
the court to be developmentally | ||||||
18 | disabled or otherwise mentally incapable of
completing the | ||||||
19 | educational or vocational program.
| ||||||
20 | (k) (Blank).
| ||||||
21 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
22 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
23 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
24 | misdemeanor offense, the court after sentencing the defendant
| ||||||
25 | may, upon motion of the State's Attorney, hold sentence in | ||||||
26 | abeyance and remand
the defendant to the custody of the |
| |||||||
| |||||||
1 | Attorney General of
the United States or his or her designated | ||||||
2 | agent to be deported when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under the | ||||||
5 | Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct and | ||||||
8 | would not be inconsistent with the ends of
justice.
| ||||||
9 | Otherwise, the defendant shall be sentenced as provided in | ||||||
10 | this Chapter V.
| ||||||
11 | (B) If the defendant has already been sentenced for a | ||||||
12 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
13 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
14 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
15 | Methamphetamine Control and Community Protection Act, the | ||||||
16 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
17 | sentence imposed, commit the defendant to the custody of the | ||||||
18 | Attorney General
of the United States or his or her designated | ||||||
19 | agent when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under the | ||||||
22 | Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct and | ||||||
25 | would not be inconsistent with the ends of
justice.
| ||||||
26 | (C) This subsection (l) does not apply to offenders who are |
| |||||||
| |||||||
1 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
2 | Section 3-6-3.
| ||||||
3 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
4 | sentenced under
this Section returns to the jurisdiction of the | ||||||
5 | United States, the defendant
shall be recommitted to the | ||||||
6 | custody of the county from which he or she was
sentenced.
| ||||||
7 | Thereafter, the defendant shall be brought before the | ||||||
8 | sentencing court, which
may impose any sentence that was | ||||||
9 | available under Section 5-5-3 at the time of
initial | ||||||
10 | sentencing. In addition, the defendant shall not be eligible | ||||||
11 | for
additional sentence credit for good conduct as provided | ||||||
12 | under
Section 3-6-3.
| ||||||
13 | (m) A person convicted of criminal defacement of property | ||||||
14 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, in which the property damage exceeds | ||||||
16 | $300
and the property damaged is a school building, shall be | ||||||
17 | ordered to perform
community service that may include cleanup, | ||||||
18 | removal, or painting over the
defacement.
| ||||||
19 | (n) The court may sentence a person convicted of a | ||||||
20 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
21 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
22 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
23 | incarceration program if the person is otherwise eligible for | ||||||
24 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
25 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
26 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
| |||||||
| |||||||
1 | substance or alcohol abuse program licensed under that
Act. | ||||||
2 | (o) Whenever a person is convicted of a sex offense as | ||||||
3 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
4 | defendant's driver's license or permit shall be subject to | ||||||
5 | renewal on an annual basis in accordance with the provisions of | ||||||
6 | license renewal established by the Secretary of State.
| ||||||
7 | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | ||||||
8 | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
9 | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | ||||||
10 | eff. 7-16-14 .)
| ||||||
11 | (730 ILCS 5/5-5-3.2)
| ||||||
12 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
13 | Sentencing.
| ||||||
14 | (a) The following factors shall be accorded weight in favor | ||||||
15 | of
imposing a term of imprisonment or may be considered by the | ||||||
16 | court as reasons
to impose a more severe sentence under Section | ||||||
17 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
18 | (1) the defendant's conduct caused or threatened | ||||||
19 | serious harm;
| ||||||
20 | (2) the defendant received compensation for committing | ||||||
21 | the offense;
| ||||||
22 | (3) the defendant has a history of prior delinquency or | ||||||
23 | criminal activity;
| ||||||
24 | (4) the defendant, by the duties of his office or by | ||||||
25 | his position,
was obliged to prevent the particular offense |
| |||||||
| |||||||
1 | committed or to bring
the offenders committing it to | ||||||
2 | justice;
| ||||||
3 | (5) the defendant held public office at the time of the | ||||||
4 | offense,
and the offense related to the conduct of that | ||||||
5 | office;
| ||||||
6 | (6) the defendant utilized his professional reputation | ||||||
7 | or
position in the community to commit the offense, or to | ||||||
8 | afford
him an easier means of committing it;
| ||||||
9 | (7) the sentence is necessary to deter others from | ||||||
10 | committing
the same crime;
| ||||||
11 | (8) the defendant committed the offense against a | ||||||
12 | person 60 years of age
or older or such person's property;
| ||||||
13 | (9) the defendant committed the offense against a | ||||||
14 | person who is
physically handicapped or such person's | ||||||
15 | property;
| ||||||
16 | (10) by reason of another individual's actual or | ||||||
17 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
18 | sexual orientation, physical or mental
disability, or | ||||||
19 | national origin, the defendant committed the offense | ||||||
20 | against (i)
the person or property
of that individual; (ii) | ||||||
21 | the person or property of a person who has an
association | ||||||
22 | with, is married to, or has a friendship with the other | ||||||
23 | individual;
or (iii) the person or property of a relative | ||||||
24 | (by blood or marriage) of a
person described in clause (i) | ||||||
25 | or (ii). For the purposes of this Section,
"sexual | ||||||
26 | orientation" means heterosexuality, homosexuality, or |
| |||||||
| |||||||
1 | bisexuality;
| ||||||
2 | (11) the offense took place in a place of worship or on | ||||||
3 | the
grounds of a place of worship, immediately prior to, | ||||||
4 | during or immediately
following worship services. For | ||||||
5 | purposes of this subparagraph, "place of
worship" shall | ||||||
6 | mean any church, synagogue or other building, structure or
| ||||||
7 | place used primarily for religious worship;
| ||||||
8 | (12) the defendant was convicted of a felony committed | ||||||
9 | while he was
released on bail or his own recognizance | ||||||
10 | pending trial for a prior felony
and was convicted of such | ||||||
11 | prior felony, or the defendant was convicted of a
felony | ||||||
12 | committed while he was serving a period of probation,
| ||||||
13 | conditional discharge, or mandatory supervised release | ||||||
14 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
15 | (13) the defendant committed or attempted to commit a | ||||||
16 | felony while he
was wearing a bulletproof vest. For the | ||||||
17 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
18 | device which is designed for the purpose of
protecting the | ||||||
19 | wearer from bullets, shot or other lethal projectiles;
| ||||||
20 | (14) the defendant held a position of trust or | ||||||
21 | supervision such as, but
not limited to, family member as | ||||||
22 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
23 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
24 | relation to a victim under 18 years of age, and the | ||||||
25 | defendant committed an
offense in violation of Section | ||||||
26 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
| |||||||
| |||||||
1 | 11-14.4 except for an offense that involves keeping a place | ||||||
2 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
3 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
4 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012
against
that victim;
| ||||||
6 | (15) the defendant committed an offense related to the | ||||||
7 | activities of an
organized gang. For the purposes of this | ||||||
8 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
9 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
10 | Act;
| ||||||
11 | (16) the defendant committed an offense in violation of | ||||||
12 | one of the
following Sections while in a school, regardless | ||||||
13 | of the time of day or time of
year; on any conveyance | ||||||
14 | owned, leased, or contracted by a school to transport
| ||||||
15 | students to or from school or a school related activity; on | ||||||
16 | the real property
of a school; or on a public way within | ||||||
17 | 1,000 feet of the real property
comprising any school: | ||||||
18 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
19 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
20 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
21 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
22 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
23 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
24 | Criminal Code of 2012;
| ||||||
25 | (16.5) the defendant committed an offense in violation | ||||||
26 | of one of the
following Sections while in a day care |
| |||||||
| |||||||
1 | center, regardless of the time of day or
time of year; on | ||||||
2 | the real property of a day care center, regardless of the | ||||||
3 | time
of day or time of year; or on a public
way within | ||||||
4 | 1,000 feet of the real property comprising any day care | ||||||
5 | center,
regardless of the time of day or time of year:
| ||||||
6 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
7 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
8 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
9 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
10 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
11 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
12 | Criminal Code of 2012;
| ||||||
13 | (17) the defendant committed the offense by reason of | ||||||
14 | any person's
activity as a community policing volunteer or | ||||||
15 | to prevent any person from
engaging in activity as a | ||||||
16 | community policing volunteer. For the purpose of
this | ||||||
17 | Section, "community policing volunteer" has the meaning | ||||||
18 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
19 | 2012;
| ||||||
20 | (18) the defendant committed the offense in a nursing | ||||||
21 | home or on the
real
property comprising a nursing home. For | ||||||
22 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
23 | skilled nursing
or intermediate long term care facility | ||||||
24 | that is subject to license by the
Illinois Department of | ||||||
25 | Public Health under the Nursing Home Care
Act, the | ||||||
26 | Specialized Mental Health Rehabilitation Act of 2013, or |
| |||||||
| |||||||
1 | the ID/DD Community Care Act;
| ||||||
2 | (19) the defendant was a federally licensed firearm | ||||||
3 | dealer
and
was
previously convicted of a violation of | ||||||
4 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
5 | Identification Card Act before its repeal by this | ||||||
6 | amendatory Act of the 99th General Assembly and has now | ||||||
7 | committed either a felony
violation
of the Firearm Owners | ||||||
8 | Identification Card Act or an act of armed violence while
| ||||||
9 | armed
with a firearm; | ||||||
10 | (20) the defendant (i) committed the offense of | ||||||
11 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
13 | under the influence of alcohol, other drug or
drugs, | ||||||
14 | intoxicating compound or compounds or any combination | ||||||
15 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
16 | or a similar provision of a local ordinance and (ii) was | ||||||
17 | operating a motor vehicle in excess of 20 miles per hour | ||||||
18 | over the posted speed limit as provided in Article VI of | ||||||
19 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
20 | (21) the defendant (i) committed the offense of | ||||||
21 | reckless driving or aggravated reckless driving under | ||||||
22 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
24 | over the posted speed limit as provided in Article VI of | ||||||
25 | Chapter 11 of the Illinois Vehicle Code; | ||||||
26 | (22) the defendant committed the offense against a |
| |||||||
| |||||||
1 | person that the defendant knew, or reasonably should have | ||||||
2 | known, was a member of the Armed Forces of the United | ||||||
3 | States serving on active duty. For purposes of this clause | ||||||
4 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
5 | of the United States, including a member of any reserve | ||||||
6 | component thereof or National Guard unit called to active | ||||||
7 | duty;
| ||||||
8 | (23)
the defendant committed the offense against a | ||||||
9 | person who was elderly, disabled, or infirm by taking | ||||||
10 | advantage of a family or fiduciary relationship with the | ||||||
11 | elderly, disabled, or infirm person;
| ||||||
12 | (24)
the defendant committed any offense under Section | ||||||
13 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
14 | of 2012 and possessed 100 or more images;
| ||||||
15 | (25) the defendant committed the offense while the | ||||||
16 | defendant or the victim was in a train, bus, or other | ||||||
17 | vehicle used for public transportation; | ||||||
18 | (26) the defendant committed the offense of child | ||||||
19 | pornography or aggravated child pornography, specifically | ||||||
20 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
21 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
23 | solicited for, depicted in, or posed in any act of sexual | ||||||
24 | penetration or bound, fettered, or subject to sadistic, | ||||||
25 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
26 | and specifically including paragraph (1), (2), (3), (4), |
| |||||||
| |||||||
1 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
2 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
3 | engaged in, solicited for, depicted in, or posed in any act | ||||||
4 | of sexual penetration or bound, fettered, or subject to | ||||||
5 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
6 | sexual context; | ||||||
7 | (27) the defendant committed the offense of first | ||||||
8 | degree murder, assault, aggravated assault, battery, | ||||||
9 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
10 | robbery against a person who was a veteran and the | ||||||
11 | defendant knew, or reasonably should have known, that the | ||||||
12 | person was a veteran performing duties as a representative | ||||||
13 | of a veterans' organization. For the purposes of this | ||||||
14 | paragraph (27), "veteran" means an Illinois resident who | ||||||
15 | has served as a member of the United States Armed Forces, a | ||||||
16 | member of the Illinois National Guard, or a member of the | ||||||
17 | United States Reserve Forces; and "veterans' organization" | ||||||
18 | means an organization comprised of members of
which | ||||||
19 | substantially all are individuals who are veterans or | ||||||
20 | spouses,
widows, or widowers of veterans, the primary | ||||||
21 | purpose of which is to
promote the welfare of its members | ||||||
22 | and to provide assistance to the general
public in such a | ||||||
23 | way as to confer a public benefit; or | ||||||
24 | (28) the defendant committed the offense of assault, | ||||||
25 | aggravated assault, battery, aggravated battery, robbery, | ||||||
26 | armed robbery, or aggravated robbery against a person that |
| |||||||
| |||||||
1 | the defendant knew or reasonably should have known was a | ||||||
2 | letter carrier or postal worker while that person was | ||||||
3 | performing his or her duties delivering mail for the United | ||||||
4 | States Postal Service. | ||||||
5 | For the purposes of this Section:
| ||||||
6 | "School" is defined as a public or private
elementary or | ||||||
7 | secondary school, community college, college, or university.
| ||||||
8 | "Day care center" means a public or private State certified | ||||||
9 | and
licensed day care center as defined in Section 2.09 of the | ||||||
10 | Child Care Act of
1969 that displays a sign in plain view | ||||||
11 | stating that the
property is a day care center.
| ||||||
12 | "Public transportation" means the transportation
or | ||||||
13 | conveyance of persons by means available to the general public, | ||||||
14 | and includes paratransit services. | ||||||
15 | (b) The following factors, related to all felonies, may be | ||||||
16 | considered by the court as
reasons to impose an extended term | ||||||
17 | sentence under Section 5-8-2
upon any offender:
| ||||||
18 | (1) When a defendant is convicted of any felony, after | ||||||
19 | having
been previously convicted in Illinois or any other | ||||||
20 | jurisdiction of the
same or similar class felony or greater | ||||||
21 | class felony, when such conviction
has occurred within 10 | ||||||
22 | years after the
previous conviction, excluding time spent | ||||||
23 | in custody, and such charges are
separately brought and | ||||||
24 | tried and arise out of different series of acts; or
| ||||||
25 | (2) When a defendant is convicted of any felony and the | ||||||
26 | court
finds that the offense was accompanied by |
| |||||||
| |||||||
1 | exceptionally brutal
or heinous behavior indicative of | ||||||
2 | wanton cruelty; or
| ||||||
3 | (3) When a defendant is convicted of any felony | ||||||
4 | committed against:
| ||||||
5 | (i) a person under 12 years of age at the time of | ||||||
6 | the offense or such
person's property;
| ||||||
7 | (ii) a person 60 years of age or older at the time | ||||||
8 | of the offense or
such person's property; or
| ||||||
9 | (iii) a person physically handicapped at the time | ||||||
10 | of the offense or
such person's property; or
| ||||||
11 | (4) When a defendant is convicted of any felony and the | ||||||
12 | offense
involved any of the following types of specific | ||||||
13 | misconduct committed as
part of a ceremony, rite, | ||||||
14 | initiation, observance, performance, practice or
activity | ||||||
15 | of any actual or ostensible religious, fraternal, or social | ||||||
16 | group:
| ||||||
17 | (i) the brutalizing or torturing of humans or | ||||||
18 | animals;
| ||||||
19 | (ii) the theft of human corpses;
| ||||||
20 | (iii) the kidnapping of humans;
| ||||||
21 | (iv) the desecration of any cemetery, religious, | ||||||
22 | fraternal, business,
governmental, educational, or | ||||||
23 | other building or property; or
| ||||||
24 | (v) ritualized abuse of a child; or
| ||||||
25 | (5) When a defendant is convicted of a felony other | ||||||
26 | than conspiracy and
the court finds that
the felony was |
| |||||||
| |||||||
1 | committed under an agreement with 2 or more other persons
| ||||||
2 | to commit that offense and the defendant, with respect to | ||||||
3 | the other
individuals, occupied a position of organizer, | ||||||
4 | supervisor, financier, or any
other position of management | ||||||
5 | or leadership, and the court further finds that
the felony | ||||||
6 | committed was related to or in furtherance of the criminal
| ||||||
7 | activities of an organized gang or was motivated by the | ||||||
8 | defendant's leadership
in an organized gang; or
| ||||||
9 | (6) When a defendant is convicted of an offense | ||||||
10 | committed while using a firearm with a
laser sight attached | ||||||
11 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
12 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
13 | Code of
2012; or
| ||||||
14 | (7) When a defendant who was at least 17 years of age | ||||||
15 | at the
time of
the commission of the offense is convicted | ||||||
16 | of a felony and has been previously
adjudicated a | ||||||
17 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
18 | an act
that if committed by an adult would be a Class X or | ||||||
19 | Class 1 felony when the
conviction has occurred within 10 | ||||||
20 | years after the previous adjudication,
excluding time | ||||||
21 | spent in custody; or
| ||||||
22 | (8) When a defendant commits any felony and the | ||||||
23 | defendant used, possessed, exercised control over, or | ||||||
24 | otherwise directed an animal to assault a law enforcement | ||||||
25 | officer engaged in the execution of his or her official | ||||||
26 | duties or in furtherance of the criminal activities of an |
| |||||||
| |||||||
1 | organized gang in which the defendant is engaged; or
| ||||||
2 | (9) When a defendant commits any felony and the | ||||||
3 | defendant knowingly video or audio records the offense with | ||||||
4 | the intent to disseminate the recording. | ||||||
5 | (c) The following factors may be considered by the court as | ||||||
6 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
7 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
8 | (1) When a defendant is convicted of first degree | ||||||
9 | murder, after having been previously convicted in Illinois | ||||||
10 | of any offense listed under paragraph (c)(2) of Section | ||||||
11 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
12 | within 10 years after the previous conviction, excluding | ||||||
13 | time spent in custody, and the charges are separately | ||||||
14 | brought and tried and arise out of different series of | ||||||
15 | acts. | ||||||
16 | (1.5) When a defendant is convicted of first degree | ||||||
17 | murder, after having been previously convicted of domestic | ||||||
18 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
19 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
20 | having been previously convicted of violation of an order | ||||||
21 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
22 | was the protected person. | ||||||
23 | (2) When a defendant is convicted of voluntary | ||||||
24 | manslaughter, second degree murder, involuntary | ||||||
25 | manslaughter, or reckless homicide in which the defendant | ||||||
26 | has been convicted of causing the death of more than one |
| |||||||
| |||||||
1 | individual. | ||||||
2 | (3) When a defendant is convicted of aggravated | ||||||
3 | criminal sexual assault or criminal sexual assault, when | ||||||
4 | there is a finding that aggravated criminal sexual assault | ||||||
5 | or criminal sexual assault was also committed on the same | ||||||
6 | victim by one or more other individuals, and the defendant | ||||||
7 | voluntarily participated in the crime with the knowledge of | ||||||
8 | the participation of the others in the crime, and the | ||||||
9 | commission of the crime was part of a single course of | ||||||
10 | conduct during which there was no substantial change in the | ||||||
11 | nature of the criminal objective. | ||||||
12 | (4) If the victim was under 18 years of age at the time | ||||||
13 | of the commission of the offense, when a defendant is | ||||||
14 | convicted of aggravated criminal sexual assault or | ||||||
15 | predatory criminal sexual assault of a child under | ||||||
16 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
17 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
19 | (5) When a defendant is convicted of a felony violation | ||||||
20 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
22 | finding that the defendant is a member of an organized | ||||||
23 | gang. | ||||||
24 | (6) When a defendant was convicted of unlawful use of | ||||||
25 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
| |||||||
| |||||||
1 | a weapon that is not readily distinguishable as one of the | ||||||
2 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
4 | (7) When a defendant is convicted of an offense | ||||||
5 | involving the illegal manufacture of a controlled | ||||||
6 | substance under Section 401 of the Illinois Controlled | ||||||
7 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
8 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
9 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
10 | the illegal possession of explosives and an emergency | ||||||
11 | response officer in the performance of his or her duties is | ||||||
12 | killed or injured at the scene of the offense while | ||||||
13 | responding to the emergency caused by the commission of the | ||||||
14 | offense. In this paragraph, "emergency" means a situation | ||||||
15 | in which a person's life, health, or safety is in jeopardy; | ||||||
16 | and "emergency response officer" means a peace officer, | ||||||
17 | community policing volunteer, fireman, emergency medical | ||||||
18 | technician-ambulance, emergency medical | ||||||
19 | technician-intermediate, emergency medical | ||||||
20 | technician-paramedic, ambulance driver, other medical | ||||||
21 | assistance or first aid personnel, or hospital emergency | ||||||
22 | room personnel.
| ||||||
23 | (8) When the defendant is convicted of attempted mob | ||||||
24 | action, solicitation to commit mob action, or conspiracy to | ||||||
25 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
26 | Criminal Code of 2012, where the criminal object is a |
| |||||||
| |||||||
1 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
2 | an electronic communication is used in the commission of | ||||||
3 | the offense. For the purposes of this paragraph (8), | ||||||
4 | "electronic communication" shall have the meaning provided | ||||||
5 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
6 | (d) For the purposes of this Section, "organized gang" has | ||||||
7 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
8 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
9 | (e) The court may impose an extended term sentence under | ||||||
10 | Article 4.5 of Chapter V upon an offender who has been | ||||||
11 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
12 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
13 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
14 | when the victim of the offense is under 18 years of age at the | ||||||
15 | time of the commission of the offense and, during the | ||||||
16 | commission of the offense, the victim was under the influence | ||||||
17 | of alcohol, regardless of whether or not the alcohol was | ||||||
18 | supplied by the offender; and the offender, at the time of the | ||||||
19 | commission of the offense, knew or should have known that the | ||||||
20 | victim had consumed alcohol. | ||||||
21 | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | ||||||
22 | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
23 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | ||||||
24 | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. | ||||||
25 | 7-16-14.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
2 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
3 | Discharge.
| ||||||
4 | (a) The conditions of probation and of conditional | ||||||
5 | discharge shall be
that the person:
| ||||||
6 | (1) not violate any criminal statute of any | ||||||
7 | jurisdiction;
| ||||||
8 | (2) report to or appear in person before such person or | ||||||
9 | agency as
directed by the court;
| ||||||
10 | (3) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon where the offense is a felony or, if a | ||||||
12 | misdemeanor, the offense involved the intentional or | ||||||
13 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
14 | (4) not leave the State without the consent of the | ||||||
15 | court or, in
circumstances in which the reason for the | ||||||
16 | absence is of such an emergency
nature that prior consent | ||||||
17 | by the court is not possible, without the prior
| ||||||
18 | notification and approval of the person's probation
| ||||||
19 | officer. Transfer of a person's probation or conditional | ||||||
20 | discharge
supervision to another state is subject to | ||||||
21 | acceptance by the other state
pursuant to the Interstate | ||||||
22 | Compact for Adult Offender Supervision;
| ||||||
23 | (5) permit the probation officer to visit
him at his | ||||||
24 | home or elsewhere
to the extent necessary to discharge his | ||||||
25 | duties;
| ||||||
26 | (6) perform no less than 30 hours of community service |
| |||||||
| |||||||
1 | and not more than
120 hours of community service, if | ||||||
2 | community service is available in the
jurisdiction and is | ||||||
3 | funded and approved by the county board where the offense
| ||||||
4 | was committed, where the offense was related to or in | ||||||
5 | furtherance of the
criminal activities of an organized gang | ||||||
6 | and was motivated by the offender's
membership in or | ||||||
7 | allegiance to an organized gang. The community service | ||||||
8 | shall
include, but not be limited to, the cleanup and | ||||||
9 | repair of any damage caused by
a violation of Section | ||||||
10 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012 and similar damage
to property located within the | ||||||
12 | municipality or county in which the violation
occurred. | ||||||
13 | When possible and reasonable, the community service should | ||||||
14 | be
performed in the offender's neighborhood. For purposes | ||||||
15 | of this Section,
"organized gang" has the meaning ascribed | ||||||
16 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
17 | Omnibus Prevention Act;
| ||||||
18 | (7) if he or she is at least 17 years of age and has | ||||||
19 | been sentenced to
probation or conditional discharge for a | ||||||
20 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
21 | inhabitants and has not been previously convicted of a
| ||||||
22 | misdemeanor or felony, may be required by the sentencing | ||||||
23 | court to attend
educational courses designed to prepare the | ||||||
24 | defendant for a high school diploma
and to work toward a | ||||||
25 | high school diploma or to work toward passing high school | ||||||
26 | equivalency testing or to work toward
completing a |
| |||||||
| |||||||
1 | vocational training program approved by the court. The | ||||||
2 | person on
probation or conditional discharge must attend a | ||||||
3 | public institution of
education to obtain the educational | ||||||
4 | or vocational training required by this
clause (7). The | ||||||
5 | court shall revoke the probation or conditional discharge | ||||||
6 | of a
person who wilfully fails to comply with this clause | ||||||
7 | (7). The person on
probation or conditional discharge shall | ||||||
8 | be required to pay for the cost of the
educational courses | ||||||
9 | or high school equivalency testing if a fee is charged for | ||||||
10 | those courses or testing. The court shall resentence the | ||||||
11 | offender whose probation or conditional
discharge has been | ||||||
12 | revoked as provided in Section 5-6-4. This clause (7) does
| ||||||
13 | not apply to a person who has a high school diploma or has | ||||||
14 | successfully passed high school equivalency testing. This | ||||||
15 | clause (7) does not apply to a person who is determined by
| ||||||
16 | the court to be developmentally disabled or otherwise | ||||||
17 | mentally incapable of
completing the educational or | ||||||
18 | vocational program;
| ||||||
19 | (8) if convicted of possession of a substance | ||||||
20 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
21 | Controlled Substances Act, or the Methamphetamine Control | ||||||
22 | and Community Protection Act
after a previous conviction or | ||||||
23 | disposition of supervision for possession of a
substance | ||||||
24 | prohibited by the Cannabis Control Act or Illinois | ||||||
25 | Controlled
Substances Act or after a sentence of probation | ||||||
26 | under Section 10 of the
Cannabis
Control Act, Section 410 |
| |||||||
| |||||||
1 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
2 | the Methamphetamine Control and Community Protection Act | ||||||
3 | and upon a
finding by the court that the person is | ||||||
4 | addicted, undergo treatment at a
substance abuse program | ||||||
5 | approved by the court;
| ||||||
6 | (8.5) if convicted of a felony sex offense as defined | ||||||
7 | in the Sex
Offender
Management Board Act, the person shall | ||||||
8 | undergo and successfully complete sex
offender treatment | ||||||
9 | by a treatment provider approved by the Board and conducted
| ||||||
10 | in conformance with the standards developed under the Sex
| ||||||
11 | Offender Management Board Act;
| ||||||
12 | (8.6) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender Management Board Act, refrain from residing at | ||||||
14 | the same address or in the same condominium unit or | ||||||
15 | apartment unit or in the same condominium complex or | ||||||
16 | apartment complex with another person he or she knows or | ||||||
17 | reasonably should know is a convicted sex offender or has | ||||||
18 | been placed on supervision for a sex offense; the | ||||||
19 | provisions of this paragraph do not apply to a person | ||||||
20 | convicted of a sex offense who is placed in a Department of | ||||||
21 | Corrections licensed transitional housing facility for sex | ||||||
22 | offenders; | ||||||
23 | (8.7) 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 not related to the accused and whom the | ||||||
4 | accused reasonably believes to be under 18 years of age; | ||||||
5 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
6 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
7 | Code of 2012; and a person is not related to the accused if | ||||||
8 | the person is not: (i) the spouse, brother, or sister of | ||||||
9 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
10 | first or second cousin of the accused; or (iv) a step-child | ||||||
11 | or adopted child of the accused; | ||||||
12 | (8.8) if convicted for an offense under Section 11-6, | ||||||
13 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
14 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | or any attempt to commit any of these offenses, committed | ||||||
17 | on or after June 1, 2009 (the effective date of Public Act | ||||||
18 | 95-983): | ||||||
19 | (i) not access or use a computer or any other | ||||||
20 | device with Internet capability without the prior | ||||||
21 | written approval of the offender's probation officer, | ||||||
22 | except in connection with the offender's employment or | ||||||
23 | search for employment with the prior approval of the | ||||||
24 | offender's probation officer; | ||||||
25 | (ii) submit to periodic unannounced examinations | ||||||
26 | of the offender's computer or any other device with |
| |||||||
| |||||||
1 | Internet capability by the offender's probation | ||||||
2 | officer, a law enforcement officer, or assigned | ||||||
3 | computer or information technology specialist, | ||||||
4 | including the retrieval and copying of all data from | ||||||
5 | the computer or device and any internal or external | ||||||
6 | peripherals and removal of such information, | ||||||
7 | equipment, or device to conduct a more thorough | ||||||
8 | inspection; | ||||||
9 | (iii) submit to the installation on the offender's | ||||||
10 | computer or device with Internet capability, at the | ||||||
11 | offender's expense, of one or more hardware or software | ||||||
12 | systems to monitor the Internet use; and | ||||||
13 | (iv) submit to any other appropriate restrictions | ||||||
14 | concerning the offender's use of or access to a | ||||||
15 | computer or any other device with Internet capability | ||||||
16 | imposed by the offender's probation officer; | ||||||
17 | (8.9) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Registration Act committed on or after January | ||||||
19 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
20 | from accessing or using a social networking website as | ||||||
21 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
22 | (9) if convicted of a felony or of any misdemeanor | ||||||
23 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
24 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
26 | the Code of Criminal Procedure of 1963, to trigger the |
| |||||||
| |||||||
1 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
2 | at a time and place
designated by the court, his or her | ||||||
3 | Firearm
Owner's Identification Card and
any and all | ||||||
4 | firearms in
his or her possession . The Court shall return | ||||||
5 | to the Department of State Police Firearm Owner's | ||||||
6 | Identification Card Office the person's Firearm Owner's | ||||||
7 | Identification Card ;
| ||||||
8 | (10) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | offender is a parent or guardian of the person under 18 | ||||||
11 | years of age present in the home and no non-familial minors | ||||||
12 | are present, not participate in a holiday event involving | ||||||
13 | children under 18 years of age, such as distributing candy | ||||||
14 | or other items to children on Halloween, wearing a Santa | ||||||
15 | Claus costume on or preceding Christmas, being employed as | ||||||
16 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
17 | costume on or preceding Easter; | ||||||
18 | (11) if convicted of a sex offense as defined in | ||||||
19 | Section 2 of the Sex Offender Registration Act committed on | ||||||
20 | or after January 1, 2010 (the effective date of Public Act | ||||||
21 | 96-362) that requires the person to register as a sex | ||||||
22 | offender under that Act, may not knowingly use any computer | ||||||
23 | scrub software on any computer that the sex offender uses; | ||||||
24 | and | ||||||
25 | (12) if convicted of a violation of the Methamphetamine | ||||||
26 | Control and Community Protection Act, the Methamphetamine
|
| |||||||
| |||||||
1 | Precursor Control Act, or a methamphetamine related | ||||||
2 | offense: | ||||||
3 | (A) prohibited from purchasing, possessing, or | ||||||
4 | having under his or her control any product containing | ||||||
5 | pseudoephedrine unless prescribed by a physician; and | ||||||
6 | (B) prohibited from purchasing, possessing, or | ||||||
7 | having under his or her control any product containing | ||||||
8 | ammonium nitrate. | ||||||
9 | (b) The Court may in addition to other reasonable | ||||||
10 | conditions relating to the
nature of the offense or the | ||||||
11 | rehabilitation of the defendant as determined for
each | ||||||
12 | defendant in the proper discretion of the Court require that | ||||||
13 | the person:
| ||||||
14 | (1) serve a term of periodic imprisonment under Article | ||||||
15 | 7 for a
period not to exceed that specified in paragraph | ||||||
16 | (d) of Section 5-7-1;
| ||||||
17 | (2) pay a fine and costs;
| ||||||
18 | (3) work or pursue a course of study or vocational | ||||||
19 | training;
| ||||||
20 | (4) undergo medical, psychological or psychiatric | ||||||
21 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
22 | (5) attend or reside in a facility established for the | ||||||
23 | instruction
or residence of defendants on probation;
| ||||||
24 | (6) support his dependents;
| ||||||
25 | (7) and in addition, if a minor:
| ||||||
26 | (i) reside with his parents or in a foster home;
|
| |||||||
| |||||||
1 | (ii) attend school;
| ||||||
2 | (iii) attend a non-residential program for youth;
| ||||||
3 | (iv) contribute to his own support at home or in a | ||||||
4 | foster home;
| ||||||
5 | (v) with the consent of the superintendent of the
| ||||||
6 | facility, attend an educational program at a facility | ||||||
7 | other than the school
in which the
offense was | ||||||
8 | committed if he
or she is convicted of a crime of | ||||||
9 | violence as
defined in
Section 2 of the Crime Victims | ||||||
10 | Compensation Act committed in a school, on the
real
| ||||||
11 | property
comprising a school, or within 1,000 feet of | ||||||
12 | the real property comprising a
school;
| ||||||
13 | (8) make restitution as provided in Section 5-5-6 of | ||||||
14 | this Code;
| ||||||
15 | (9) perform some reasonable public or community | ||||||
16 | service;
| ||||||
17 | (10) serve a term of home confinement. In addition to | ||||||
18 | any other
applicable condition of probation or conditional | ||||||
19 | discharge, the
conditions of home confinement shall be that | ||||||
20 | the offender:
| ||||||
21 | (i) remain within the interior premises of the | ||||||
22 | place designated for
his confinement during the hours | ||||||
23 | designated by the court;
| ||||||
24 | (ii) admit any person or agent designated by the | ||||||
25 | court into the
offender's place of confinement at any | ||||||
26 | time for purposes of verifying
the offender's |
| |||||||
| |||||||
1 | compliance with the conditions of his confinement; and
| ||||||
2 | (iii) if further deemed necessary by the court or | ||||||
3 | the
Probation or
Court Services Department, be placed | ||||||
4 | on an approved
electronic monitoring device, subject | ||||||
5 | to Article 8A of Chapter V;
| ||||||
6 | (iv) for persons convicted of any alcohol, | ||||||
7 | cannabis or controlled
substance violation who are | ||||||
8 | placed on an approved monitoring device as a
condition | ||||||
9 | of probation or conditional discharge, the court shall | ||||||
10 | impose a
reasonable fee for each day of the use of the | ||||||
11 | device, as established by the
county board in | ||||||
12 | subsection (g) of this Section, unless after | ||||||
13 | determining the
inability of the offender to pay the | ||||||
14 | fee, the court assesses a lesser fee or no
fee as the | ||||||
15 | case may be. This fee shall be imposed in addition to | ||||||
16 | the fees
imposed under subsections (g) and (i) of this | ||||||
17 | Section. The fee shall be
collected by the clerk of the | ||||||
18 | circuit court. The clerk of the circuit
court shall pay | ||||||
19 | all monies collected from this fee to the county | ||||||
20 | treasurer
for deposit in the substance abuse services | ||||||
21 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
22 | (v) for persons convicted of offenses other than | ||||||
23 | those referenced in
clause (iv) above and who are | ||||||
24 | placed on an approved monitoring device as a
condition | ||||||
25 | of probation or conditional discharge, the court shall | ||||||
26 | impose
a reasonable fee for each day of the use of the |
| |||||||
| |||||||
1 | device, as established by the
county board in | ||||||
2 | subsection (g) of this Section, unless after | ||||||
3 | determining the
inability of the defendant to pay the | ||||||
4 | fee, the court assesses a lesser fee or
no fee as the | ||||||
5 | case may be. This fee shall be imposed in addition to | ||||||
6 | the fees
imposed under subsections (g) and (i) of this | ||||||
7 | Section. The fee
shall be collected by the clerk of the | ||||||
8 | circuit court. The clerk of the circuit
court shall pay | ||||||
9 | all monies collected from this fee
to the county | ||||||
10 | treasurer who shall use the monies collected to defray | ||||||
11 | the
costs of corrections. The county treasurer shall | ||||||
12 | deposit the fee
collected in the probation and court | ||||||
13 | services fund.
| ||||||
14 | (11) comply with the terms and conditions of an order | ||||||
15 | of protection issued
by the court pursuant to the Illinois | ||||||
16 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
17 | or an order of protection issued by the court of
another | ||||||
18 | state, tribe, or United States territory. A copy of the | ||||||
19 | order of
protection shall be
transmitted to the probation | ||||||
20 | officer or agency
having responsibility for the case;
| ||||||
21 | (12) reimburse any "local anti-crime program" as | ||||||
22 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
23 | for any reasonable expenses incurred
by the program on the | ||||||
24 | offender's case, not to exceed the maximum amount of
the | ||||||
25 | fine authorized for the offense for which the defendant was | ||||||
26 | sentenced;
|
| |||||||
| |||||||
1 | (13) contribute a reasonable sum of money, not to | ||||||
2 | exceed the maximum
amount of the fine authorized for the
| ||||||
3 | offense for which the defendant was sentenced, (i) to a | ||||||
4 | "local anti-crime
program", as defined in Section 7 of the | ||||||
5 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
6 | the jurisdiction of the Department of Natural Resources, to | ||||||
7 | the fund established by the Department of Natural Resources | ||||||
8 | for the purchase of evidence for investigation purposes and | ||||||
9 | to conduct investigations as outlined in Section 805-105 of | ||||||
10 | the Department of Natural Resources (Conservation) Law;
| ||||||
11 | (14) refrain from entering into a designated | ||||||
12 | geographic area except upon
such terms as the court finds | ||||||
13 | appropriate. Such terms may include
consideration of the | ||||||
14 | purpose of the entry, the time of day, other persons
| ||||||
15 | accompanying the defendant, and advance approval by a
| ||||||
16 | probation officer, if
the defendant has been placed on | ||||||
17 | probation or advance approval by the
court, if the | ||||||
18 | defendant was placed on conditional discharge;
| ||||||
19 | (15) refrain from having any contact, directly or | ||||||
20 | indirectly, with
certain specified persons or particular | ||||||
21 | types of persons, including but not
limited to members of | ||||||
22 | street gangs and drug users or dealers;
| ||||||
23 | (16) refrain from having in his or her body the | ||||||
24 | presence of any illicit
drug prohibited by the Cannabis | ||||||
25 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
26 | Methamphetamine Control and Community Protection Act, |
| |||||||
| |||||||
1 | unless prescribed by a physician, and submit samples of
his | ||||||
2 | or her blood or urine or both for tests to determine the | ||||||
3 | presence of any
illicit drug;
| ||||||
4 | (17) if convicted for an offense committed on or after | ||||||
5 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
6 | would qualify the accused as a child sex offender as | ||||||
7 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, refrain from | ||||||
9 | communicating with or contacting, by means of the Internet, | ||||||
10 | a person who is related to the accused and whom the accused | ||||||
11 | reasonably believes to be under 18 years of age; for | ||||||
12 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
13 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
14 | 2012; and a person is related to the accused if the person | ||||||
15 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
16 | a descendant of the accused; (iii) a first or second cousin | ||||||
17 | of the accused; or (iv) a step-child or adopted child of | ||||||
18 | the accused; | ||||||
19 | (18) if convicted for an offense committed on or after | ||||||
20 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
21 | would qualify as a sex offense as defined in the Sex | ||||||
22 | Offender Registration Act: | ||||||
23 | (i) not access or use a computer or any other | ||||||
24 | device with Internet capability without the prior | ||||||
25 | written approval of the offender's probation officer, | ||||||
26 | except in connection with the offender's employment or |
| |||||||
| |||||||
1 | search for employment with the prior approval of the | ||||||
2 | offender's probation officer; | ||||||
3 | (ii) submit to periodic unannounced examinations | ||||||
4 | of the offender's computer or any other device with | ||||||
5 | Internet capability by the offender's probation | ||||||
6 | officer, a law enforcement officer, or assigned | ||||||
7 | computer or information technology specialist, | ||||||
8 | including the retrieval and copying of all data from | ||||||
9 | the computer or device and any internal or external | ||||||
10 | peripherals and removal of such information, | ||||||
11 | equipment, or device to conduct a more thorough | ||||||
12 | inspection; | ||||||
13 | (iii) submit to the installation on the offender's | ||||||
14 | computer or device with Internet capability, at the | ||||||
15 | subject's expense, of one or more hardware or software | ||||||
16 | systems to monitor the Internet use; and | ||||||
17 | (iv) submit to any other appropriate restrictions | ||||||
18 | concerning the offender's use of or access to a | ||||||
19 | computer or any other device with Internet capability | ||||||
20 | imposed by the offender's probation officer; and | ||||||
21 | (19) refrain from possessing a firearm or other | ||||||
22 | dangerous weapon where the offense is a misdemeanor that | ||||||
23 | did not involve the intentional or knowing infliction of | ||||||
24 | bodily harm or threat of bodily harm. | ||||||
25 | (c) The court may as a condition of probation or of | ||||||
26 | conditional
discharge require that a person under 18 years of |
| |||||||
| |||||||
1 | age found guilty of any
alcohol, cannabis or controlled | ||||||
2 | substance violation, refrain from acquiring
a driver's license | ||||||
3 | during
the period of probation or conditional discharge. If | ||||||
4 | such person
is in possession of a permit or license, the court | ||||||
5 | may require that
the minor refrain from driving or operating | ||||||
6 | any motor vehicle during the
period of probation or conditional | ||||||
7 | discharge, except as may be necessary in
the course of the | ||||||
8 | minor's lawful employment.
| ||||||
9 | (d) An offender sentenced to probation or to conditional | ||||||
10 | discharge
shall be given a certificate setting forth the | ||||||
11 | conditions thereof.
| ||||||
12 | (e) Except where the offender has committed a fourth or | ||||||
13 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
14 | Illinois Vehicle Code,
the court shall not require as a | ||||||
15 | condition of the sentence of
probation or conditional discharge | ||||||
16 | that the offender be committed to a
period of imprisonment in | ||||||
17 | excess of 6 months.
This 6 month limit shall not include | ||||||
18 | periods of confinement given pursuant to
a sentence of county | ||||||
19 | impact incarceration under Section 5-8-1.2.
| ||||||
20 | Persons committed to imprisonment as a condition of | ||||||
21 | probation or
conditional discharge shall not be committed to | ||||||
22 | the Department of
Corrections.
| ||||||
23 | (f) The court may combine a sentence of periodic | ||||||
24 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
25 | incarceration program under
Article 8 with a sentence of | ||||||
26 | probation or conditional discharge.
|
| |||||||
| |||||||
1 | (g) An offender sentenced to probation or to conditional | ||||||
2 | discharge and
who during the term of either undergoes mandatory | ||||||
3 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
4 | on an approved electronic monitoring
device, shall be ordered | ||||||
5 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
6 | testing, or both, and all costs
incidental to such approved | ||||||
7 | electronic monitoring in accordance with the
defendant's | ||||||
8 | ability to pay those costs. The county board with
the | ||||||
9 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
10 | the county is located shall establish reasonable fees for
the | ||||||
11 | cost of maintenance, testing, and incidental expenses related | ||||||
12 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
13 | costs incidental to
approved electronic monitoring, involved | ||||||
14 | in a successful probation program
for the county. The | ||||||
15 | concurrence of the Chief Judge shall be in the form of
an | ||||||
16 | administrative order.
The fees shall be collected by the clerk | ||||||
17 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
18 | all moneys collected from these fees to the county
treasurer | ||||||
19 | who shall use the moneys collected to defray the costs of
drug | ||||||
20 | testing, alcohol testing, and electronic monitoring.
The | ||||||
21 | county treasurer shall deposit the fees collected in the
county | ||||||
22 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
23 | the
Counties Code, as the case may be.
| ||||||
24 | (h) Jurisdiction over an offender may be transferred from | ||||||
25 | the
sentencing court to the court of another circuit with the | ||||||
26 | concurrence of
both courts. Further transfers or retransfers of
|
| |||||||
| |||||||
1 | jurisdiction are also
authorized in the same manner. The court | ||||||
2 | to which jurisdiction has been
transferred shall have the same | ||||||
3 | powers as the sentencing court.
The probation department within | ||||||
4 | the circuit to which jurisdiction has been transferred, or | ||||||
5 | which has agreed to provide supervision, may impose probation | ||||||
6 | fees upon receiving the transferred offender, as provided in | ||||||
7 | subsection (i). For all transfer cases, as defined in Section | ||||||
8 | 9b of the Probation and Probation Officers Act, the probation | ||||||
9 | department from the original sentencing court shall retain all | ||||||
10 | probation fees collected prior to the transfer. After the | ||||||
11 | transfer
all probation fees shall be paid to the probation | ||||||
12 | department within the
circuit to which jurisdiction has been | ||||||
13 | transferred.
| ||||||
14 | (i) The court shall impose upon an offender
sentenced to | ||||||
15 | probation after January 1, 1989 or to conditional discharge
| ||||||
16 | after January 1, 1992 or to community service under the | ||||||
17 | supervision of a
probation or court services department after | ||||||
18 | January 1, 2004, as a condition of such probation or | ||||||
19 | conditional
discharge or supervised community service, a fee of | ||||||
20 | $50
for each month of probation or
conditional
discharge | ||||||
21 | supervision or supervised community service ordered by the | ||||||
22 | court, unless after
determining the inability of the person | ||||||
23 | sentenced to probation or conditional
discharge or supervised | ||||||
24 | community service to pay the
fee, the court assesses a lesser | ||||||
25 | fee. The court may not impose the fee on a
minor who is made a | ||||||
26 | ward of the State under the Juvenile Court Act of 1987
while |
| |||||||
| |||||||
1 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
2 | an offender who is actively supervised by the
probation and | ||||||
3 | court services
department. The fee shall be collected by the | ||||||
4 | clerk
of the circuit court. The clerk of the circuit court | ||||||
5 | shall pay all monies
collected from this fee to the county | ||||||
6 | treasurer for deposit in the
probation and court services fund | ||||||
7 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
8 | A circuit court may not impose a probation fee under this | ||||||
9 | subsection (i) in excess of $25
per month unless the circuit | ||||||
10 | court has adopted, by administrative
order issued by the chief | ||||||
11 | judge, a standard probation fee guide
determining an offender's | ||||||
12 | ability to pay Of the
amount collected as a probation fee, up | ||||||
13 | to $5 of that fee
collected per month may be used to provide | ||||||
14 | services to crime victims
and their families. | ||||||
15 | The Court may only waive probation fees based on an | ||||||
16 | offender's ability to pay. The probation department may | ||||||
17 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
18 | with the approval of the Director of Court Services or the | ||||||
19 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
20 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
21 | offender that has been assigned to the supervision of a | ||||||
22 | probation department, or has been transferred either under | ||||||
23 | subsection (h) of this Section or under any interstate compact, | ||||||
24 | shall be required to pay probation fees to the department | ||||||
25 | supervising the offender, based on the offender's ability to | ||||||
26 | pay.
|
| |||||||
| |||||||
1 | This amendatory Act of the 93rd General Assembly deletes | ||||||
2 | the $10 increase in the fee under this subsection that was | ||||||
3 | imposed by Public Act 93-616. This deletion is intended to | ||||||
4 | control over any other Act of the 93rd General Assembly that | ||||||
5 | retains or incorporates that fee increase. | ||||||
6 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
7 | of this Section, in the case of an offender convicted of a | ||||||
8 | felony sex offense (as defined in the Sex Offender Management | ||||||
9 | Board Act) or an offense that the court or probation department | ||||||
10 | has determined to be sexually motivated (as defined in the Sex | ||||||
11 | Offender Management Board Act), the court or the probation | ||||||
12 | department shall assess additional fees to pay for all costs of | ||||||
13 | treatment, assessment, evaluation for risk and treatment, and | ||||||
14 | monitoring the offender, based on that offender's ability to | ||||||
15 | pay those costs either as they occur or under a payment plan. | ||||||
16 | (j) All fines and costs imposed under this Section for any | ||||||
17 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
18 | Code, or a similar
provision of a local ordinance, and any | ||||||
19 | violation of the Child Passenger
Protection Act, or a similar | ||||||
20 | provision of a local ordinance, shall be
collected and | ||||||
21 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
22 | of the Clerks of Courts Act.
| ||||||
23 | (k) Any offender who is sentenced to probation or | ||||||
24 | conditional discharge for a felony sex offense as defined in | ||||||
25 | the Sex Offender Management Board Act or any offense that the | ||||||
26 | court or probation department has determined to be sexually |
| |||||||
| |||||||
1 | motivated as defined in the Sex Offender Management Board Act | ||||||
2 | shall be required to refrain from any contact, directly or | ||||||
3 | indirectly, with any persons specified by the court and shall | ||||||
4 | be available for all evaluations and treatment programs | ||||||
5 | required by the court or the probation department.
| ||||||
6 | (l) The court may order an offender who is sentenced to | ||||||
7 | probation or conditional
discharge for a violation of an order | ||||||
8 | of protection be placed under electronic surveillance as | ||||||
9 | provided in Section 5-8A-7 of this Code. | ||||||
10 | (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, | ||||||
11 | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; | ||||||
12 | 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff. | ||||||
13 | 1-1-15 .) | ||||||
14 | Section 100. The Stalking No Contact Order Act is amended | ||||||
15 | by changing Section 80 as follows: | ||||||
16 | (740 ILCS 21/80)
| ||||||
17 | Sec. 80. Stalking no contact orders; remedies. | ||||||
18 | (a) If the court finds that the petitioner has been a | ||||||
19 | victim of stalking, a stalking no contact order shall issue; | ||||||
20 | provided that the petitioner must also satisfy the requirements | ||||||
21 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
22 | orders. The petitioner shall not be denied a stalking no | ||||||
23 | contact order because the petitioner or the respondent is a | ||||||
24 | minor. The court, when determining whether or not to issue a |
| |||||||
| |||||||
1 | stalking no contact order, may not require physical injury on | ||||||
2 | the person of the petitioner. Modification and extension of | ||||||
3 | prior stalking no contact orders shall be in accordance with | ||||||
4 | this Act. | ||||||
5 | (b) A stalking no contact order shall order one or more of | ||||||
6 | the following: | ||||||
7 | (1) prohibit the respondent from threatening to commit | ||||||
8 | or committing stalking; | ||||||
9 | (2) order the respondent not to have any contact with | ||||||
10 | the petitioner or a third person specifically named by the | ||||||
11 | court; | ||||||
12 | (3) prohibit the respondent from knowingly coming | ||||||
13 | within, or knowingly remaining within a specified distance | ||||||
14 | of the petitioner or the petitioner's residence, school, | ||||||
15 | daycare, or place of employment, or any specified place | ||||||
16 | frequented by the petitioner; however, the court may order | ||||||
17 | the respondent to stay away from the respondent's own | ||||||
18 | residence, school, or place of employment only if the | ||||||
19 | respondent has been provided actual notice of the | ||||||
20 | opportunity to appear and be heard on the petition; | ||||||
21 | (4) prohibit the respondent from possessing a Firearm | ||||||
22 | Owners Identification Card, or possessing or buying | ||||||
23 | firearms; and | ||||||
24 | (5) order other injunctive relief the court determines | ||||||
25 | to be necessary to protect the petitioner or third party | ||||||
26 | specifically named by the court. |
| |||||||
| |||||||
1 | (b-5) When the petitioner and the respondent attend the | ||||||
2 | same public, private, or non-public elementary, middle, or high | ||||||
3 | school, the court when issuing a stalking no contact order and | ||||||
4 | providing relief shall consider the severity of the act, any | ||||||
5 | continuing physical danger or emotional distress to the | ||||||
6 | petitioner, the educational rights guaranteed to the | ||||||
7 | petitioner and respondent under federal and State law, the | ||||||
8 | availability of a transfer of the respondent to another school, | ||||||
9 | a change of placement or a change of program of the respondent, | ||||||
10 | the expense, difficulty, and educational disruption that would | ||||||
11 | be caused by a transfer of the respondent to another school, | ||||||
12 | and any other relevant facts of the case. The court may order | ||||||
13 | that the respondent not attend the public, private, or | ||||||
14 | non-public elementary, middle, or high school attended by the | ||||||
15 | petitioner, order that the respondent accept a change of | ||||||
16 | placement or program, as determined by the school district or | ||||||
17 | private or non-public school, or place restrictions on the | ||||||
18 | respondent's movements within the school attended by the | ||||||
19 | petitioner.
The respondent bears the burden of proving by a | ||||||
20 | preponderance of the evidence that a transfer, change of | ||||||
21 | placement, or change of program of the respondent is not | ||||||
22 | available. The respondent also bears the burden of production | ||||||
23 | with respect to the expense, difficulty, and educational | ||||||
24 | disruption that would be caused by a transfer of the respondent | ||||||
25 | to another school. A transfer, change of placement, or change | ||||||
26 | of program is not unavailable to the respondent solely on the |
| |||||||
| |||||||
1 | ground that the respondent does not agree with the school | ||||||
2 | district's or private or non-public school's transfer, change | ||||||
3 | of placement, or change of program or solely on the ground that | ||||||
4 | the respondent fails or refuses to consent to or otherwise does | ||||||
5 | not take an action required to effectuate a transfer, change of | ||||||
6 | placement, or change of program.
When a court orders a | ||||||
7 | respondent to stay away from the public, private, or non-public | ||||||
8 | school attended by the petitioner and the respondent requests a | ||||||
9 | transfer to another attendance center within the respondent's | ||||||
10 | school district or private or non-public school, the school | ||||||
11 | district or private or non-public school shall have sole | ||||||
12 | discretion to determine the attendance center to which the | ||||||
13 | respondent is transferred.
In the event the court order results | ||||||
14 | in a transfer of the minor respondent to another attendance | ||||||
15 | center, a change in the respondent's placement, or a change of | ||||||
16 | the respondent's program, the parents, guardian, or legal | ||||||
17 | custodian of the respondent is responsible for transportation | ||||||
18 | and other costs associated with the transfer or change. | ||||||
19 | (b-6) The court may order the parents, guardian, or legal | ||||||
20 | custodian of a minor respondent to take certain actions or to | ||||||
21 | refrain from taking certain actions to ensure that the | ||||||
22 | respondent complies with the order. In the event the court | ||||||
23 | orders a transfer of the respondent to another school, the | ||||||
24 | parents, guardian, or legal custodian of the respondent are | ||||||
25 | responsible for transportation and other costs associated with | ||||||
26 | the change of school by the respondent. |
| |||||||
| |||||||
1 | (b-7) The court shall not hold a school district or private | ||||||
2 | or non-public school or any of its employees in civil or | ||||||
3 | criminal contempt unless the school district or private or | ||||||
4 | non-public school has been allowed to intervene. | ||||||
5 | (b-8) The court may hold the parents, guardian, or legal | ||||||
6 | custodian of a minor respondent in civil or criminal contempt | ||||||
7 | for a violation of any provision of any order entered under | ||||||
8 | this Act for conduct of the minor respondent in violation of | ||||||
9 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
10 | encouraged, or assisted the respondent minor in such conduct. | ||||||
11 | (c) The court may award the petitioner costs and attorneys | ||||||
12 | fees if a stalking no contact order is granted. | ||||||
13 | (d) Monetary damages are not recoverable as a remedy. | ||||||
14 | (e) If the stalking no contact order prohibits the | ||||||
15 | respondent from possessing a Firearm Owner's Identification | ||||||
16 | Card, or possessing or buying firearms; the court shall | ||||||
17 | confiscate the respondent's firearms Firearm Owner's | ||||||
18 | Identification Card and immediately return the card to the | ||||||
19 | Department of State Police Firearm Owner's Identification Card | ||||||
20 | Office .
| ||||||
21 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
22 | 97-1131, eff. 1-1-13.) | ||||||
23 | Section 105. The Mental Health and Developmental | ||||||
24 | Disabilities Confidentiality Act is amended by changing | ||||||
25 | Section 12 as follows:
|
| |||||||
| |||||||
1 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
2 | Sec. 12. (a) If the United States Secret Service or the | ||||||
3 | Department of
State Police requests information from a mental | ||||||
4 | health or developmental
disability facility, as defined in | ||||||
5 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
6 | Disabilities Code, relating to a specific
recipient and the | ||||||
7 | facility director determines that disclosure of such
| ||||||
8 | information may be necessary to protect the life of, or to | ||||||
9 | prevent
the infliction of great bodily harm to, a public | ||||||
10 | official,
or a person under the protection of the United
States | ||||||
11 | Secret Service, only the following information
may be | ||||||
12 | disclosed: the recipient's name, address, and age and the date | ||||||
13 | of
any admission to or discharge from a facility; and any | ||||||
14 | information which
would indicate whether or not the recipient | ||||||
15 | has a history of violence or
presents a danger of violence to | ||||||
16 | the person under protection. Any information
so disclosed shall | ||||||
17 | be used for investigative purposes only and shall not
be | ||||||
18 | publicly disseminated.
Any person participating in good faith | ||||||
19 | in the disclosure of such
information in accordance with this | ||||||
20 | provision shall have immunity from any
liability, civil, | ||||||
21 | criminal or otherwise, if such information is disclosed
relying | ||||||
22 | upon the representation of an officer of the United States | ||||||
23 | Secret
Service or the Department of State Police that a person | ||||||
24 | is under the
protection of the United States Secret Service or | ||||||
25 | is a public official.
|
| |||||||
| |||||||
1 | For the purpose of this subsection (a), the term "public | ||||||
2 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
3 | General, Secretary of State,
State Comptroller, State | ||||||
4 | Treasurer, member of the General Assembly, member of the United | ||||||
5 | States Congress, Judge of the United States as defined in 28 | ||||||
6 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
7 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
8 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
9 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
10 | Illinois. The
term shall also include the spouse, child or | ||||||
11 | children of a public official.
| ||||||
12 | (b) The Department of Human Services (acting as successor | ||||||
13 | to the
Department of Mental Health and Developmental | ||||||
14 | Disabilities) and all
public or private hospitals and mental | ||||||
15 | health facilities are required, as hereafter described in this | ||||||
16 | subsection,
to furnish the Department of State Police only such | ||||||
17 | information as may
be required for the sole purpose of | ||||||
18 | determining whether an individual who
may be or may have been a | ||||||
19 | patient is disqualified because of that status
from receiving | ||||||
20 | or retaining a firearm under paragraph (4) of subsection (a) of | ||||||
21 | Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's | ||||||
22 | Identification Card or falls within the federal prohibitors | ||||||
23 | under subsection (e), (f), (g), (r), (s), or (t) of Section 8 | ||||||
24 | of the Firearm Owners Identification Card Act , or falls within | ||||||
25 | the federal prohibitors in 18 U.S.C. 922(g) and (n). All | ||||||
26 | physicians, clinical psychologists, or qualified examiners at |
| |||||||
| |||||||
1 | public or private mental health facilities or parts thereof as | ||||||
2 | defined in this subsection shall, in the form and manner | ||||||
3 | required
by the Department, provide notice directly to the | ||||||
4 | Department of Human Services, or to his or her employer who | ||||||
5 | shall then report to the Department, within 24 hours after | ||||||
6 | determining that a patient as described in clause (2) (B) of the | ||||||
7 | definition of "patient" in this subsection (b) Section 1.1 of | ||||||
8 | the Firearm Owners Identification Card Act poses a clear and | ||||||
9 | present danger to himself, herself, or others, or is determined | ||||||
10 | to be developmentally disabled. This information shall be | ||||||
11 | furnished within 24 hours after the physician, clinical | ||||||
12 | psychologist, or qualified examiner has made a determination, | ||||||
13 | or within 7 days after
admission to a public or private | ||||||
14 | hospital or mental health facility or the provision of services | ||||||
15 | to a patient described in clause (2)(A) (1) of the definition | ||||||
16 | of "patient" in this subsection (b) Section 1.1 of the Firearm | ||||||
17 | Owners Identification Card Act . Any such information disclosed | ||||||
18 | under
this subsection shall
remain privileged and | ||||||
19 | confidential, and shall not be redisclosed, except as required | ||||||
20 | by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012 | ||||||
21 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
22 | Identification Card Act , nor utilized
for any other purpose. | ||||||
23 | The method of requiring the providing of such
information shall | ||||||
24 | guarantee that no information is released beyond what
is | ||||||
25 | necessary for this purpose. In addition, the information | ||||||
26 | disclosed
shall be provided
by the Department within the time |
| |||||||
| |||||||
1 | period established by Section 24-3 of the
Criminal Code of 2012 | ||||||
2 | regarding the delivery of firearms. The method used
shall be | ||||||
3 | sufficient to provide the necessary information within the
| ||||||
4 | prescribed time period, which may include periodically | ||||||
5 | providing
lists to the Department of Human Services
or any | ||||||
6 | public or private hospital or mental health facility of Firearm | ||||||
7 | Owner's Identification Card applicants
for firearm purchases | ||||||
8 | on which the Department or hospital shall indicate the | ||||||
9 | identities of those
individuals who are to its knowledge | ||||||
10 | disqualified from having a firearm Firearm
Owner's | ||||||
11 | Identification Card for reasons described herein. The | ||||||
12 | Department
may provide for a centralized source
of information | ||||||
13 | for the State on this subject under its jurisdiction. The | ||||||
14 | identity of the person reporting under this subsection shall | ||||||
15 | not be disclosed to the subject of the report. For the purposes | ||||||
16 | of this subsection, the physician, clinical psychologist, or | ||||||
17 | qualified examiner making the determination and his or her | ||||||
18 | employer shall not be held criminally, civilly, or | ||||||
19 | professionally liable for making or not making the notification | ||||||
20 | required under this subsection, except for willful or wanton | ||||||
21 | misconduct.
| ||||||
22 | Any person, institution, or agency, under this Act, | ||||||
23 | participating in
good faith in the reporting or disclosure of | ||||||
24 | records and communications
otherwise in accordance with this | ||||||
25 | provision or with rules, regulations or
guidelines issued by | ||||||
26 | the Department shall have immunity from any
liability, civil, |
| |||||||
| |||||||
1 | criminal or otherwise, that might result by reason of the
| ||||||
2 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
3 | arising out of a report or disclosure in accordance with this | ||||||
4 | provision,
the good faith of any person,
institution, or agency | ||||||
5 | so reporting or disclosing shall be presumed. The
full extent | ||||||
6 | of the immunity provided in this subsection (b) shall apply to
| ||||||
7 | any person, institution or agency that fails to make a report | ||||||
8 | or disclosure
in the good faith belief that the report or | ||||||
9 | disclosure would violate
federal regulations governing the | ||||||
10 | confidentiality of alcohol and drug abuse
patient records | ||||||
11 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
12 | For purposes of this subsection (b) only, the following | ||||||
13 | terms shall have
the meaning prescribed:
| ||||||
14 | (1) (Blank).
| ||||||
15 | (1.3) "Clear and present danger" has the meaning as | ||||||
16 | defined in Section 6-103.3 of the Mental Health and | ||||||
17 | Developmental Disabilities Code 1.1 of the Firearm Owners | ||||||
18 | Identification Card Act . | ||||||
19 | (1.5) "Developmentally disabled" means a disability | ||||||
20 | which is attributable to any other condition which results | ||||||
21 | in impairment similar to that caused by an intellectual | ||||||
22 | disability and which requires services similar to those | ||||||
23 | required by intellectually disabled persons. The | ||||||
24 | disability must originate before the age of 18
years, be | ||||||
25 | expected to continue indefinitely, and constitute a | ||||||
26 | substantial handicap has the meaning as defined in Section |
| |||||||
| |||||||
1 | 1.1 of the Firearm Owners Identification Card Act .
| ||||||
2 | (2) "Patient" means (A) a person who voluntarily | ||||||
3 | receives mental health treatment as an in-patient or | ||||||
4 | resident of any public or private mental health facility, | ||||||
5 | unless the treatment was solely for an alcohol abuse | ||||||
6 | disorder and no other secondary substance abuse disorder or | ||||||
7 | mental illness; or (B) a person who voluntarily receives | ||||||
8 | mental health treatment as an out-patient or is provided | ||||||
9 | services by a public or private mental health facility, and | ||||||
10 | who poses a clear and present danger to himself, herself, | ||||||
11 | or to others. has the meaning as defined in Section 1.1 of | ||||||
12 | the Firearm Owners Identification Card Act .
| ||||||
13 | (3) "Mental health facility" means any licensed | ||||||
14 | private hospital or hospital affiliate, institution, or | ||||||
15 | facility, or part thereof, and any facility, or part | ||||||
16 | thereof, operated by the State or a political subdivision | ||||||
17 | thereof which provide treatment of persons with mental | ||||||
18 | illness and includes all hospitals, institutions, clinics, | ||||||
19 | evaluation facilities, mental health centers, colleges, | ||||||
20 | universities, long-term care facilities, and nursing | ||||||
21 | homes, or parts thereof, which provide treatment of persons | ||||||
22 | with mental illness whether or not the primary purpose is | ||||||
23 | to provide treatment of persons with mental illness has the | ||||||
24 | meaning as defined in Section 1.1 of the Firearm Owners | ||||||
25 | Identification Card Act .
| ||||||
26 | (c) Upon the request of a peace officer who takes a person |
| |||||||
| |||||||
1 | into custody
and transports such person to a mental health or | ||||||
2 | developmental disability
facility pursuant to Section 3-606 or | ||||||
3 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
4 | or who transports a person from such facility,
a facility | ||||||
5 | director shall furnish said peace officer the name, address, | ||||||
6 | age
and name of the nearest relative of the person transported | ||||||
7 | to or from the
mental health or developmental disability | ||||||
8 | facility. In no case shall the
facility director disclose to | ||||||
9 | the peace officer any information relating to the
diagnosis, | ||||||
10 | treatment or evaluation of the person's mental or physical | ||||||
11 | health.
| ||||||
12 | For the purposes of this subsection (c), the terms "mental | ||||||
13 | health or
developmental disability facility", "peace officer" | ||||||
14 | and "facility director"
shall have the meanings ascribed to | ||||||
15 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
16 | (d) Upon the request of a peace officer or prosecuting | ||||||
17 | authority who is
conducting a bona fide investigation of a | ||||||
18 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
19 | justice,
a facility director may disclose whether a person is | ||||||
20 | present at the facility.
Upon request of a peace officer or | ||||||
21 | prosecuting authority who has a valid
forcible felony warrant | ||||||
22 | issued, a facility director shall disclose: (1) whether
the | ||||||
23 | person who is the subject of the warrant is present at the | ||||||
24 | facility and (2)
the
date of that person's discharge or future | ||||||
25 | discharge from the facility.
The requesting peace officer or | ||||||
26 | prosecuting authority must furnish a case
number and the |
| |||||||
| |||||||
1 | purpose of the investigation or an outstanding arrest warrant | ||||||
2 | at
the time of the request. Any person, institution, or agency
| ||||||
3 | participating in good faith in disclosing such information in | ||||||
4 | accordance with
this subsection (d) is immune from any | ||||||
5 | liability, civil, criminal or
otherwise, that might result by | ||||||
6 | reason of the action.
| ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
8 | Section 110. The Illinois Domestic Violence Act of 1986 is | ||||||
9 | amended by changing Section 214 as follows:
| ||||||
10 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
11 | Sec. 214. Order of protection; remedies.
| ||||||
12 | (a) Issuance of order. If the court finds that petitioner | ||||||
13 | has been
abused by a family or household member or that | ||||||
14 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
15 | or exploited, as defined in this Act,
an order of protection | ||||||
16 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
17 | provided that petitioner must also satisfy the requirements of
| ||||||
18 | one of the following Sections, as appropriate: Section 217 on | ||||||
19 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
20 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
21 | protection because petitioner or
respondent is a minor. The | ||||||
22 | court, when determining whether or not to issue
an order of | ||||||
23 | protection, shall not require physical manifestations of abuse
| ||||||
24 | on the person of the victim. Modification and extension of |
| |||||||
| |||||||
1 | prior
orders of protection shall be in accordance with this | ||||||
2 | Act.
| ||||||
3 | (b) Remedies and standards. The remedies to be included in | ||||||
4 | an order of
protection shall be determined in accordance with | ||||||
5 | this Section and one of
the following Sections, as appropriate: | ||||||
6 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
7 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
8 | subsection shall be in addition to other civil or
criminal | ||||||
9 | remedies available to petitioner.
| ||||||
10 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
11 | Prohibit
respondent's harassment, interference with | ||||||
12 | personal liberty, intimidation
of a dependent, physical | ||||||
13 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
14 | defined in this Act, or stalking of the petitioner, as | ||||||
15 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
16 | such abuse, neglect,
exploitation, or stalking has | ||||||
17 | occurred or otherwise appears likely to occur if
not | ||||||
18 | prohibited.
| ||||||
19 | (2) Grant of exclusive possession of residence. | ||||||
20 | Prohibit respondent from
entering or remaining in any | ||||||
21 | residence, household, or premises of the petitioner,
| ||||||
22 | including one owned or leased by respondent, if petitioner | ||||||
23 | has a right to
occupancy thereof. The grant of exclusive | ||||||
24 | possession of the residence, household, or premises shall | ||||||
25 | not
affect title to real property, nor shall the court be | ||||||
26 | limited by the standard
set forth in Section 701 of the |
| |||||||
| |||||||
1 | Illinois Marriage and Dissolution of Marriage
Act.
| ||||||
2 | (A) Right to occupancy. A party has a right to | ||||||
3 | occupancy of a
residence or household if it is solely | ||||||
4 | or jointly owned or leased by that
party, that party's | ||||||
5 | spouse, a person with a legal duty to support that | ||||||
6 | party or
a minor child in that party's care, or by any | ||||||
7 | person or entity other than the
opposing party that | ||||||
8 | authorizes that party's occupancy (e.g., a domestic
| ||||||
9 | violence shelter). Standards set forth in subparagraph | ||||||
10 | (B) shall not preclude
equitable relief.
| ||||||
11 | (B) Presumption of hardships. If petitioner and | ||||||
12 | respondent
each has the right to occupancy of a | ||||||
13 | residence or household, the court
shall balance (i) the | ||||||
14 | hardships to respondent and any minor child or
| ||||||
15 | dependent adult in respondent's care resulting from | ||||||
16 | entry of this remedy with
(ii) the hardships to | ||||||
17 | petitioner and any minor child or dependent adult in
| ||||||
18 | petitioner's care resulting from continued exposure to | ||||||
19 | the risk of abuse
(should petitioner remain at the | ||||||
20 | residence or household) or from loss of
possession of | ||||||
21 | the residence or household (should petitioner leave to | ||||||
22 | avoid the
risk of abuse). When determining the balance | ||||||
23 | of hardships, the court shall
also take into account | ||||||
24 | the accessibility of the residence or household.
| ||||||
25 | Hardships need not be balanced if respondent does not | ||||||
26 | have a right to
occupancy.
|
| |||||||
| |||||||
1 | The balance of hardships is presumed to favor | ||||||
2 | possession by
petitioner unless the presumption is | ||||||
3 | rebutted by a preponderance of the
evidence, showing | ||||||
4 | that the hardships to respondent substantially | ||||||
5 | outweigh
the hardships to petitioner and any minor | ||||||
6 | child or dependent adult in
petitioner's care. The | ||||||
7 | court, on the request of petitioner or on its own
| ||||||
8 | motion, may order respondent to provide suitable, | ||||||
9 | accessible, alternate housing
for petitioner instead | ||||||
10 | of excluding respondent from a mutual residence or
| ||||||
11 | household.
| ||||||
12 | (3) Stay away order and additional prohibitions.
Order | ||||||
13 | respondent to stay away from petitioner or any other person
| ||||||
14 | protected by the order of protection, or prohibit | ||||||
15 | respondent from entering
or remaining present at | ||||||
16 | petitioner's school, place of employment, or other
| ||||||
17 | specified places at times when petitioner is present, or | ||||||
18 | both, if
reasonable, given the balance of hardships. | ||||||
19 | Hardships need not be balanced for
the court to enter a | ||||||
20 | stay away order or prohibit entry if respondent has no
| ||||||
21 | right to enter the premises.
| ||||||
22 | (A) If an order of protection grants petitioner | ||||||
23 | exclusive possession
of the residence, or prohibits | ||||||
24 | respondent from entering the residence,
or orders | ||||||
25 | respondent to stay away from petitioner or other
| ||||||
26 | protected persons, then the court may allow respondent |
| |||||||
| |||||||
1 | access to the
residence to remove items of clothing and | ||||||
2 | personal adornment
used exclusively by respondent, | ||||||
3 | medications, and other items as the court
directs. The | ||||||
4 | right to access shall be exercised on only one occasion | ||||||
5 | as the
court directs and in the presence of an | ||||||
6 | agreed-upon adult third party or law
enforcement | ||||||
7 | officer.
| ||||||
8 | (B) When the petitioner and the respondent attend | ||||||
9 | the same public, private, or non-public elementary, | ||||||
10 | middle, or high school, the court when issuing an order | ||||||
11 | of protection and providing relief shall consider the | ||||||
12 | severity of the act, any continuing physical danger or | ||||||
13 | emotional distress to the petitioner, the educational | ||||||
14 | rights guaranteed to the petitioner and respondent | ||||||
15 | under federal and State law, the availability of a | ||||||
16 | transfer of the respondent to another school, a change | ||||||
17 | of placement or a change of program of the respondent, | ||||||
18 | the expense, difficulty, and educational disruption | ||||||
19 | that would be caused by a transfer of the respondent to | ||||||
20 | another school, and any other relevant facts of the | ||||||
21 | case. The court may order that the respondent not | ||||||
22 | attend the public, private, or non-public elementary, | ||||||
23 | middle, or high school attended by the petitioner, | ||||||
24 | order that the respondent accept a change of placement | ||||||
25 | or change of program, as determined by the school | ||||||
26 | district or private or non-public school, or place |
| |||||||
| |||||||
1 | restrictions on the respondent's movements within the | ||||||
2 | school attended by the petitioner.
The respondent | ||||||
3 | bears the burden of proving by a preponderance of the | ||||||
4 | evidence that a transfer, change of placement, or | ||||||
5 | change of program of the respondent is not available. | ||||||
6 | The respondent also bears the burden of production with | ||||||
7 | respect to the expense, difficulty, and educational | ||||||
8 | disruption that would be caused by a transfer of the | ||||||
9 | respondent to another school. A transfer, change of | ||||||
10 | placement, or change of program is not unavailable to | ||||||
11 | the respondent solely on the ground that the respondent | ||||||
12 | does not agree with the school district's or private or | ||||||
13 | non-public school's transfer, change of placement, or | ||||||
14 | change of program or solely on the ground that the | ||||||
15 | respondent fails or refuses to consent or otherwise | ||||||
16 | does not take an action required to effectuate a | ||||||
17 | transfer, change of placement, or change of program.
| ||||||
18 | When a court orders a respondent to stay away from the | ||||||
19 | public, private, or non-public school attended by the | ||||||
20 | petitioner and the respondent requests a transfer to | ||||||
21 | another attendance center within the respondent's | ||||||
22 | school district or private or non-public school, the | ||||||
23 | school district or private or non-public school shall | ||||||
24 | have sole discretion to determine the attendance | ||||||
25 | center to which the respondent is transferred.
In the | ||||||
26 | event the court order results in a transfer of the |
| |||||||
| |||||||
1 | minor respondent to another attendance center, a | ||||||
2 | change in the respondent's placement, or a change of | ||||||
3 | the respondent's program, the parents, guardian, or | ||||||
4 | legal custodian of the respondent is responsible for | ||||||
5 | transportation and other costs associated with the | ||||||
6 | transfer or change. | ||||||
7 | (C) The court may order the parents, guardian, or | ||||||
8 | legal custodian of a minor respondent to take certain | ||||||
9 | actions or to refrain from taking certain actions to | ||||||
10 | ensure that the respondent complies with the order. In | ||||||
11 | the event the court orders a transfer of the respondent | ||||||
12 | to another school, the parents, guardian, or legal | ||||||
13 | custodian of the respondent is responsible for | ||||||
14 | transportation and other costs associated with the | ||||||
15 | change of school by the respondent.
| ||||||
16 | (4) Counseling. Require or recommend the respondent to | ||||||
17 | undergo
counseling for a specified duration with a social | ||||||
18 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
19 | family service agency, alcohol or
substance abuse program, | ||||||
20 | mental health center guidance counselor, agency
providing | ||||||
21 | services to elders, program designed for domestic violence
| ||||||
22 | abusers or any other guidance service the court deems | ||||||
23 | appropriate. The Court may order the respondent in any | ||||||
24 | intimate partner relationship to report to an Illinois | ||||||
25 | Department of Human Services protocol approved partner | ||||||
26 | abuse intervention program for an assessment and to follow |
| |||||||
| |||||||
1 | all recommended treatment.
| ||||||
2 | (5) Physical care and possession of the minor child. In | ||||||
3 | order to protect
the minor child from abuse, neglect, or | ||||||
4 | unwarranted separation from the person
who has been the | ||||||
5 | minor child's primary caretaker, or to otherwise protect | ||||||
6 | the
well-being of the minor child, the court may do either | ||||||
7 | or both of the
following: (i) grant petitioner physical | ||||||
8 | care or possession of the minor child,
or both, or (ii) | ||||||
9 | order respondent to return a minor child to, or not remove | ||||||
10 | a
minor child from, the physical care of a parent or person | ||||||
11 | in loco parentis.
| ||||||
12 | If a court finds, after a hearing, that respondent has | ||||||
13 | committed abuse
(as defined in Section 103) of a minor | ||||||
14 | child, there shall be a
rebuttable presumption that | ||||||
15 | awarding physical care to respondent would not
be in the | ||||||
16 | minor child's best interest.
| ||||||
17 | (6) Temporary legal custody. Award temporary legal | ||||||
18 | custody to petitioner
in accordance with this Section, the | ||||||
19 | Illinois Marriage and Dissolution of
Marriage Act, the | ||||||
20 | Illinois Parentage Act of 1984, and this State's Uniform
| ||||||
21 | Child-Custody Jurisdiction and Enforcement Act.
| ||||||
22 | If a court finds, after a hearing, that respondent has | ||||||
23 | committed abuse (as
defined in Section 103) of a minor | ||||||
24 | child, there shall be a rebuttable
presumption that | ||||||
25 | awarding temporary legal custody to respondent would not be | ||||||
26 | in
the child's best interest.
|
| |||||||
| |||||||
1 | (7) Visitation. Determine the visitation rights, if | ||||||
2 | any, of respondent in
any case in which the court awards | ||||||
3 | physical care or temporary legal custody of
a minor child | ||||||
4 | to petitioner. The court shall restrict or deny | ||||||
5 | respondent's
visitation with a minor child if the court | ||||||
6 | finds that respondent has done or is
likely to do any of | ||||||
7 | the following: (i) abuse or endanger the minor child during
| ||||||
8 | visitation; (ii) use the visitation as an opportunity to | ||||||
9 | abuse or harass
petitioner or petitioner's family or | ||||||
10 | household members; (iii) improperly
conceal or detain the | ||||||
11 | minor child; or (iv) otherwise act in a manner that is
not | ||||||
12 | in the best interests of the minor child. The court shall | ||||||
13 | not be limited
by the standards set forth in Section 607.1 | ||||||
14 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
15 | If the court grants visitation, the order shall
specify | ||||||
16 | dates and times for the visitation to take place or other | ||||||
17 | specific
parameters or conditions that are appropriate. No | ||||||
18 | order for visitation shall
refer merely to the term | ||||||
19 | "reasonable visitation".
| ||||||
20 | Petitioner may deny respondent access to the minor | ||||||
21 | child if, when
respondent arrives for visitation, | ||||||
22 | respondent is under the influence of drugs
or alcohol and | ||||||
23 | constitutes a threat to the safety and well-being of
| ||||||
24 | petitioner or petitioner's minor children or is behaving in | ||||||
25 | a violent or
abusive manner.
| ||||||
26 | If necessary to protect any member of petitioner's |
| |||||||
| |||||||
1 | family or
household from future abuse, respondent shall be | ||||||
2 | prohibited from coming to
petitioner's residence to meet | ||||||
3 | the minor child for visitation, and the
parties shall | ||||||
4 | submit to the court their recommendations for reasonable
| ||||||
5 | alternative arrangements for visitation. A person may be | ||||||
6 | approved to
supervise visitation only after filing an | ||||||
7 | affidavit accepting
that responsibility and acknowledging | ||||||
8 | accountability to the court.
| ||||||
9 | (8) Removal or concealment of minor child. Prohibit | ||||||
10 | respondent from
removing a minor child from the State or | ||||||
11 | concealing the child within the State.
| ||||||
12 | (9) Order to appear. Order the respondent to appear in | ||||||
13 | court, alone
or with a minor child, to prevent abuse, | ||||||
14 | neglect, removal or concealment of
the child, to return the | ||||||
15 | child to the custody or care of the petitioner or
to permit | ||||||
16 | any court-ordered interview or examination of the child or | ||||||
17 | the
respondent.
| ||||||
18 | (10) Possession of personal property. Grant petitioner | ||||||
19 | exclusive
possession of personal property and, if | ||||||
20 | respondent has possession or
control, direct respondent to | ||||||
21 | promptly make it available to petitioner, if:
| ||||||
22 | (i) petitioner, but not respondent, owns the | ||||||
23 | property; or
| ||||||
24 | (ii) the parties own the property jointly; sharing | ||||||
25 | it would risk
abuse of petitioner by respondent or is | ||||||
26 | impracticable; and the balance of
hardships favors |
| |||||||
| |||||||
1 | temporary possession by petitioner.
| ||||||
2 | If petitioner's sole claim to ownership of the property | ||||||
3 | is that it is
marital property, the court may award | ||||||
4 | petitioner temporary possession
thereof under the | ||||||
5 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
6 | proper proceeding has been filed under the Illinois | ||||||
7 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
8 | hereafter amended.
| ||||||
9 | No order under this provision shall affect title to | ||||||
10 | property.
| ||||||
11 | (11) Protection of property. Forbid the respondent | ||||||
12 | from taking,
transferring, encumbering, concealing, | ||||||
13 | damaging or otherwise disposing of
any real or personal | ||||||
14 | property, except as explicitly authorized by the
court, if:
| ||||||
15 | (i) petitioner, but not respondent, owns the | ||||||
16 | property; or
| ||||||
17 | (ii) the parties own the property jointly,
and the | ||||||
18 | balance of hardships favors granting this remedy.
| ||||||
19 | If petitioner's sole claim to ownership of the property | ||||||
20 | is that it is
marital property, the court may grant | ||||||
21 | petitioner relief under subparagraph
(ii) of this | ||||||
22 | paragraph only if a proper proceeding has been filed under | ||||||
23 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
24 | now or hereafter amended.
| ||||||
25 | The court may further prohibit respondent from | ||||||
26 | improperly using the
financial or other resources of an |
| |||||||
| |||||||
1 | aged member of the family or household
for the profit or | ||||||
2 | advantage of respondent or of any other person.
| ||||||
3 | (11.5) Protection of animals. Grant the petitioner the | ||||||
4 | exclusive care, custody, or control of any animal owned, | ||||||
5 | possessed, leased, kept, or held by either the petitioner | ||||||
6 | or the respondent or a minor child residing in the | ||||||
7 | residence or household of either the petitioner or the | ||||||
8 | respondent and order the respondent to stay away from the | ||||||
9 | animal and forbid the respondent from taking, | ||||||
10 | transferring, encumbering, concealing, harming, or | ||||||
11 | otherwise disposing of the animal.
| ||||||
12 | (12) Order for payment of support. Order respondent to | ||||||
13 | pay temporary
support for the petitioner or any child in | ||||||
14 | the petitioner's care or
custody, when the respondent has a | ||||||
15 | legal obligation to support that person,
in accordance with | ||||||
16 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
17 | which shall govern, among other matters, the amount of
| ||||||
18 | support, payment through the clerk and withholding of | ||||||
19 | income to secure
payment. An order for child support may be | ||||||
20 | granted to a petitioner with
lawful physical care or | ||||||
21 | custody of a child, or an order or agreement for
physical | ||||||
22 | care or custody, prior to entry of an order for legal | ||||||
23 | custody.
Such a support order shall expire upon entry of a | ||||||
24 | valid order granting
legal custody to another, unless | ||||||
25 | otherwise provided in the custody order.
| ||||||
26 | (13) Order for payment of losses. Order respondent to |
| |||||||
| |||||||
1 | pay petitioner for
losses suffered as a direct result of | ||||||
2 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
3 | include, but not be limited to, medical expenses, lost
| ||||||
4 | earnings or other support, repair or replacement of | ||||||
5 | property damaged or taken,
reasonable attorney's fees, | ||||||
6 | court costs and moving or other travel expenses,
including | ||||||
7 | additional reasonable expenses for temporary shelter and | ||||||
8 | restaurant
meals.
| ||||||
9 | (i) Losses affecting family needs. If a party is | ||||||
10 | entitled to seek
maintenance, child support or | ||||||
11 | property distribution from the other party
under the | ||||||
12 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
13 | now or
hereafter amended, the court may order | ||||||
14 | respondent to reimburse petitioner's
actual losses, to | ||||||
15 | the extent that such reimbursement would be | ||||||
16 | "appropriate
temporary relief", as authorized by | ||||||
17 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
18 | (ii) Recovery of expenses. In the case of an | ||||||
19 | improper concealment
or removal of a minor child, the | ||||||
20 | court may order respondent to pay the
reasonable | ||||||
21 | expenses incurred or to be incurred in the search for | ||||||
22 | and recovery
of the minor child, including but not | ||||||
23 | limited to legal fees, court costs,
private | ||||||
24 | investigator fees, and travel costs.
| ||||||
25 | (14) Prohibition of entry. Prohibit the respondent | ||||||
26 | from entering or
remaining in the residence or household |
| |||||||
| |||||||
1 | while the respondent is under the
influence of alcohol or | ||||||
2 | drugs and constitutes a threat to the safety and
well-being | ||||||
3 | of the petitioner or the petitioner's children.
| ||||||
4 | (14.5) Prohibition of firearm possession.
| ||||||
5 | (a) Prohibit a respondent against whom an order of | ||||||
6 | protection was issued from possessing any firearms | ||||||
7 | during the duration of the order if the order: | ||||||
8 | (1) was issued after a hearing of which such | ||||||
9 | person received
actual notice, and at which such | ||||||
10 | person had an opportunity to
participate; | ||||||
11 | (2) restrains such person from harassing, | ||||||
12 | stalking, or
threatening an intimate partner of | ||||||
13 | such person or child of such
intimate partner or | ||||||
14 | person, or engaging in other conduct that
would | ||||||
15 | place an intimate partner in reasonable fear of | ||||||
16 | bodily
injury to the partner or child; and | ||||||
17 | (3)(i) includes a finding that such person | ||||||
18 | represents a
credible threat to the physical | ||||||
19 | safety of such intimate partner
or child; or
(ii) | ||||||
20 | by its terms explicitly prohibits the use, | ||||||
21 | attempted
use, or threatened use of physical force | ||||||
22 | against such intimate
partner or child that would | ||||||
23 | reasonably be expected to cause
bodily injury. | ||||||
24 | Any Firearm Owner's Identification Card in the
| ||||||
25 | possession of the respondent, except as provided in | ||||||
26 | subsection (b), shall be ordered by the court to be |
| |||||||
| |||||||
1 | turned
over to the local law enforcement agency. The | ||||||
2 | local law enforcement agency shall immediately mail | ||||||
3 | the card to the Department of State Police Firearm | ||||||
4 | Owner's Identification Card Office
for safekeeping. | ||||||
5 | The court shall
issue a warrant for seizure of any | ||||||
6 | firearm in the possession of the respondent, to be kept | ||||||
7 | by the local law enforcement agency for safekeeping, | ||||||
8 | except as provided in subsection (b).
The period of | ||||||
9 | safekeeping shall be for the duration of the order of | ||||||
10 | protection. The firearm or firearms and Firearm | ||||||
11 | Owner's Identification Card, if unexpired, shall at | ||||||
12 | the respondent's request, be returned to the | ||||||
13 | respondent at the end
of the order of protection. It is | ||||||
14 | the respondent's responsibility to notify the | ||||||
15 | Department of State Police Firearm Owner's | ||||||
16 | Identification Card Office .
| ||||||
17 | (b) If the respondent is a peace officer as defined | ||||||
18 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
19 | shall order that any firearms used by the
respondent in | ||||||
20 | the performance of his or her duties as a
peace officer | ||||||
21 | be surrendered to
the chief law enforcement executive | ||||||
22 | of the agency in which the respondent is
employed, who | ||||||
23 | shall retain the firearms for safekeeping for the | ||||||
24 | duration of the order of protection.
| ||||||
25 | (c) Upon expiration of the period of safekeeping, | ||||||
26 | if the firearms or Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | cannot be returned to respondent because respondent | ||||||
2 | cannot be located, fails to respond to requests to | ||||||
3 | retrieve the firearms, or is not lawfully eligible to | ||||||
4 | possess a firearm, upon petition from the local law | ||||||
5 | enforcement agency, the court may order the local law | ||||||
6 | enforcement agency to destroy the firearms, use the | ||||||
7 | firearms for training purposes, or for any other | ||||||
8 | application as deemed appropriate by the local law | ||||||
9 | enforcement agency; or that the firearms be turned over | ||||||
10 | to a third party who is lawfully eligible to possess | ||||||
11 | firearms, and who does not reside with respondent.
| ||||||
12 | (15) Prohibition of access to records. If an order of | ||||||
13 | protection
prohibits respondent from having contact with | ||||||
14 | the minor child,
or if petitioner's address is omitted | ||||||
15 | under subsection (b) of
Section 203, or if necessary to | ||||||
16 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
17 | child, the order shall deny respondent access to, and
| ||||||
18 | prohibit respondent from inspecting, obtaining, or | ||||||
19 | attempting to
inspect or obtain, school or any other | ||||||
20 | records of the minor child
who is in the care of | ||||||
21 | petitioner.
| ||||||
22 | (16) Order for payment of shelter services. Order | ||||||
23 | respondent to
reimburse a shelter providing temporary | ||||||
24 | housing and counseling services to
the petitioner for the | ||||||
25 | cost of the services, as certified by the shelter
and | ||||||
26 | deemed reasonable by the court.
|
| |||||||
| |||||||
1 | (17) Order for injunctive relief. Enter injunctive | ||||||
2 | relief necessary
or appropriate to prevent further abuse of | ||||||
3 | a family or household member
or further abuse, neglect, or | ||||||
4 | exploitation of a high-risk adult with
disabilities or to | ||||||
5 | effectuate one of the granted remedies, if supported by the
| ||||||
6 | balance of hardships. If the harm to be prevented by the | ||||||
7 | injunction is abuse
or any other harm that one of the | ||||||
8 | remedies listed in paragraphs (1) through
(16) of this | ||||||
9 | subsection is designed to prevent, no further evidence is
| ||||||
10 | necessary that the harm is an irreparable injury.
| ||||||
11 | (c) Relevant factors; findings.
| ||||||
12 | (1) In determining whether to grant a specific remedy, | ||||||
13 | other than
payment of support, the court shall consider
| ||||||
14 | relevant factors, including but not limited to the | ||||||
15 | following:
| ||||||
16 | (i) the nature, frequency, severity, pattern and | ||||||
17 | consequences of the
respondent's past abuse, neglect | ||||||
18 | or exploitation of the petitioner or
any family or | ||||||
19 | household member, including the concealment of his or | ||||||
20 | her
location in order to evade service of process or | ||||||
21 | notice, and the likelihood of
danger of future abuse, | ||||||
22 | neglect, or exploitation to petitioner or any member of
| ||||||
23 | petitioner's or respondent's family or household; and
| ||||||
24 | (ii) the danger that any minor child will be abused | ||||||
25 | or neglected or
improperly removed from the | ||||||
26 | jurisdiction, improperly concealed within the
State or |
| |||||||
| |||||||
1 | improperly separated from the child's primary | ||||||
2 | caretaker.
| ||||||
3 | (2) In comparing relative hardships resulting to the | ||||||
4 | parties from loss
of possession of the family home, the | ||||||
5 | court shall consider relevant
factors, including but not | ||||||
6 | limited to the following:
| ||||||
7 | (i) availability, accessibility, cost, safety, | ||||||
8 | adequacy, location and
other characteristics of | ||||||
9 | alternate housing for each party and any minor child
or | ||||||
10 | dependent adult in the party's care;
| ||||||
11 | (ii) the effect on the party's employment; and
| ||||||
12 | (iii) the effect on the relationship of the party, | ||||||
13 | and any minor
child or dependent adult in the party's | ||||||
14 | care, to family, school, church
and community.
| ||||||
15 | (3) Subject to the exceptions set forth in paragraph | ||||||
16 | (4) of this
subsection, the court shall make its findings | ||||||
17 | in an official record or in
writing, and shall at a minimum | ||||||
18 | set forth the following:
| ||||||
19 | (i) That the court has considered the applicable | ||||||
20 | relevant factors
described in paragraphs (1) and (2) of | ||||||
21 | this subsection.
| ||||||
22 | (ii) Whether the conduct or actions of respondent, | ||||||
23 | unless
prohibited, will likely cause irreparable harm | ||||||
24 | or continued abuse.
| ||||||
25 | (iii) Whether it is necessary to grant the | ||||||
26 | requested relief in order
to protect petitioner or |
| |||||||
| |||||||
1 | other alleged abused persons.
| ||||||
2 | (4) For purposes of issuing an ex parte emergency order | ||||||
3 | of protection,
the court, as an alternative to or as a | ||||||
4 | supplement to making the findings
described in paragraphs | ||||||
5 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
6 | the following procedure:
| ||||||
7 | When a verified petition for an emergency order of | ||||||
8 | protection in
accordance with the requirements of Sections | ||||||
9 | 203 and 217 is
presented to the court, the court shall | ||||||
10 | examine petitioner on oath or
affirmation. An emergency | ||||||
11 | order of protection shall be issued by the court
if it | ||||||
12 | appears from the contents of the petition and the | ||||||
13 | examination of
petitioner that the averments are | ||||||
14 | sufficient to indicate abuse by
respondent and to support | ||||||
15 | the granting of relief under the issuance of the
emergency | ||||||
16 | order of protection.
| ||||||
17 | (5) Never married parties. No rights or | ||||||
18 | responsibilities for a minor
child born outside of marriage | ||||||
19 | attach to a putative father until a father and
child | ||||||
20 | relationship has been established under the Illinois | ||||||
21 | Parentage Act of
1984, the Illinois Public Aid Code, | ||||||
22 | Section 12 of the Vital Records Act, the
Juvenile Court Act | ||||||
23 | of 1987, the Probate Act of 1985, the Revised Uniform
| ||||||
24 | Reciprocal Enforcement of Support Act, the Uniform | ||||||
25 | Interstate Family Support
Act, the Expedited Child Support | ||||||
26 | Act of 1990, any judicial, administrative, or
other act of |
| |||||||
| |||||||
1 | another state or territory, any other Illinois statute, or | ||||||
2 | by any
foreign nation establishing the father and child | ||||||
3 | relationship, any other
proceeding substantially in | ||||||
4 | conformity with the Personal Responsibility and
Work | ||||||
5 | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||||||
6 | or where both
parties appeared in open court or at an | ||||||
7 | administrative hearing acknowledging
under
oath or | ||||||
8 | admitting by affirmation the existence of a father and | ||||||
9 | child
relationship.
Absent such an adjudication, finding, | ||||||
10 | or acknowledgement, no putative
father shall be granted
| ||||||
11 | temporary custody of the minor child, visitation with the | ||||||
12 | minor child, or
physical care and possession of the minor | ||||||
13 | child, nor shall an order of payment
for support of the | ||||||
14 | minor child be entered.
| ||||||
15 | (d) Balance of hardships; findings. If the court finds that | ||||||
16 | the balance
of hardships does not support the granting of a | ||||||
17 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
18 | subsection (b) of this Section,
which may require such | ||||||
19 | balancing, the court's findings shall so
indicate and shall | ||||||
20 | include a finding as to whether granting the remedy will
result | ||||||
21 | in hardship to respondent that would substantially outweigh the | ||||||
22 | hardship
to petitioner from denial of the remedy. The findings | ||||||
23 | shall be an official
record or in writing.
| ||||||
24 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
25 | based, in
whole or in part, on evidence that:
| ||||||
26 | (1) Respondent has cause for any use of force, unless |
| |||||||
| |||||||
1 | that cause
satisfies the standards for justifiable use of | ||||||
2 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
3 | (2) Respondent was voluntarily intoxicated;
| ||||||
4 | (3) Petitioner acted in self-defense or defense of | ||||||
5 | another, provided
that, if petitioner utilized force, such | ||||||
6 | force was justifiable under
Article 7 of the Criminal Code | ||||||
7 | of 2012;
| ||||||
8 | (4) Petitioner did not act in self-defense or defense | ||||||
9 | of another;
| ||||||
10 | (5) Petitioner left the residence or household to avoid | ||||||
11 | further abuse,
neglect, or exploitation by respondent;
| ||||||
12 | (6) Petitioner did not leave the residence or household | ||||||
13 | to avoid further
abuse, neglect, or exploitation by | ||||||
14 | respondent;
| ||||||
15 | (7) Conduct by any family or household member excused | ||||||
16 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
17 | that same conduct would have
excused such abuse, neglect, | ||||||
18 | or exploitation if the parties had not been
family or | ||||||
19 | household members.
| ||||||
20 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
21 | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
22 | 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
23 | Section 115. The Uniform Disposition of Unclaimed Property | ||||||
24 | Act is amended by changing Section 1 as follows:
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1 | (765 ILCS 1025/1) (from Ch. 141, par. 101)
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2 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
3 | requires:
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4 | (a) "Banking organization" means any bank, trust company, | ||||||
5 | savings bank,
industrial bank, land bank, safe deposit company, | ||||||
6 | or a private banker.
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7 | (b) "Business association" means any corporation, joint | ||||||
8 | stock company,
business trust, partnership, or any
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9 | association, limited liability company, or other business | ||||||
10 | entity consisting
of one or more persons, whether or not for | ||||||
11 | profit.
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12 | (c) "Financial organization" means any savings and loan | ||||||
13 | association,
building and loan association, credit union, | ||||||
14 | currency exchange,
co-operative bank, mutual funds, or | ||||||
15 | investment company.
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16 | (d) "Holder" means any person in possession of property | ||||||
17 | subject to this
Act belonging to another, or who is trustee in | ||||||
18 | case of a trust, or is
indebted to another on an obligation | ||||||
19 | subject to this Act.
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20 | (e) "Life insurance corporation" means any association or | ||||||
21 | corporation
transacting the business of insurance on the lives | ||||||
22 | of
persons or insurance appertaining thereto, including, but | ||||||
23 | not by way of
limitation, endowments and annuities.
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24 | (f) "Owner" means a depositor in case of a deposit, a | ||||||
25 | beneficiary in
case of a trust, a creditor, claimant, or payee | ||||||
26 | in case of other property, or any person having a legal or |
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1 | equitable interest in property
subject to this Act, or his | ||||||
2 | legal representative.
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3 | (g) "Person" means any individual, business association, | ||||||
4 | financial
organization, government or
political subdivision or | ||||||
5 | agency, public authority,
estate, trust, or any other legal or
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6 | commercial entity.
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7 | (h) "Utility" means any person who owns or operates,
for | ||||||
8 | public use, any plant, equipment, property, franchise, or | ||||||
9 | license for
the transmission of communications or the | ||||||
10 | production, storage,
transmission, sale, delivery, or | ||||||
11 | furnishing of electricity, water,
steam, oil or gas.
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12 | (i) (Blank).
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13 | (j) "Insurance company" means any person transacting the | ||||||
14 | kinds of
business enumerated in Section 4 of the Illinois | ||||||
15 | Insurance Code other than
life insurance.
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16 | (k) "Economic loss", as used in Sections 2a and 9 of this | ||||||
17 | Act includes,
but is not limited to,
delivery charges, | ||||||
18 | mark-downs and write-offs, carrying
costs, restocking charges, | ||||||
19 | lay-aways, special orders, issuance of credit memos,
and the | ||||||
20 | costs of special services or goods
provided that reduce the | ||||||
21 | property value or that result in lost sales
opportunity.
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22 | (l) "Reportable property" means property, tangible or | ||||||
23 | intangible, presumed
abandoned under this Act that must be | ||||||
24 | appropriately and timely reported and
remitted to the Office of | ||||||
25 | the State Treasurer under this
Act. Interest, dividends, stock | ||||||
26 | splits,
warrants, or other rights that become reportable |
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1 | property under this Act
include the underlying security or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | commodity giving rise to the interest,
dividend, split, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | warrant, or other right to which the owner would be entitled.
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4 | (m) "Firearm" has the meaning ascribed to that term in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners
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6 | Identification Card Act .
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7 | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | eff. 6-2-00.)
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