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1 | AN ACT concerning safety.
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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 |
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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 or | ||||||
2 | certificates of handgun registration under the Firearm | ||||||
3 | Owners Identification Card and Certificate of Handgun | ||||||
4 | Registration Act or applied for or received a concealed | ||||||
5 | carry 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, 2605-120, 2605-300, and 2605-595 as follows:
| ||||||
12 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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13 | Sec. 2605-45. Division of Administration. The Division of
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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.
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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
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2 | the former Division of
State Troopers by Section 17 of the | ||||||
3 | State Police
Act.
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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/).
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8 | (6.5) Exercise the rights, powers, and duties vested in | ||||||
9 | the Department
by the Firearm Owners Identification Card | ||||||
10 | and Certificate of Handgun Registration Act.
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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.
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14 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
15 | (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
| ||||||
16 | Sec. 2605-120. Firearm Owners Identification Card and | ||||||
17 | Certificate of Handgun Registration Act. To
exercise the | ||||||
18 | rights, powers, and duties that have been vested
in the | ||||||
19 | Department of Public Safety by the Firearm Owners | ||||||
20 | Identification
Card and Certificate of Handgun Registration | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
23 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
24 | eff. 8-14-98;
91-239, eff. 1-1-00.)
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| |||||||
1 | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
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2 | Sec. 2605-300. Records; crime laboratories; personnel. To | ||||||
3 | do
the
following:
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4 | (1) Be a central repository and custodian of criminal
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5 | statistics for the State.
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6 | (2) Be a central repository for criminal history
record | ||||||
7 | information.
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8 | (3) Procure and file for record information that is
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9 | necessary and helpful to plan programs of crime prevention, | ||||||
10 | law
enforcement,
and criminal justice.
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11 | (4) Procure and file for record copies of
fingerprints | ||||||
12 | that may be required by law.
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13 | (5) Establish general and field
crime laboratories.
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14 | (6) Register and file for record information that
may | ||||||
15 | be required by law for the issuance of firearm owner's | ||||||
16 | identification
cards or certificates of handgun | ||||||
17 | registration under the Firearm Owners Identification Card | ||||||
18 | and Certificate of Handgun Registration Act and concealed | ||||||
19 | carry licenses under the Firearm Concealed Carry Act.
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20 | (7) Employ polygraph operators, laboratory | ||||||
21 | technicians,
and
other
specially qualified persons to aid | ||||||
22 | in the identification of criminal
activity.
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23 | (8) Undertake other identification, information,
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24 | laboratory, statistical, or registration activities that | ||||||
25 | may be
required by law.
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26 | (Source: P.A. 98-63, eff. 7-9-13.)
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| |||||||
1 | (20 ILCS 2605/2605-595) | ||||||
2 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
3 | (a) There is created in the State treasury a special fund | ||||||
4 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
5 | receive revenue under the Firearm Concealed Carry Act and | ||||||
6 | Section 5 of the Firearm Owners Identification Card and | ||||||
7 | Certificate of Handgun Registration Act. The Fund may also | ||||||
8 | receive revenue from grants, pass-through grants, donations, | ||||||
9 | appropriations, and any other legal source. | ||||||
10 | (b) The Department of State Police may use moneys in the | ||||||
11 | Fund to finance any of its lawful purposes, mandates, | ||||||
12 | functions, and duties under the Firearm Owners Identification | ||||||
13 | Card and Certificate of Handgun Registration Act and the | ||||||
14 | Firearm Concealed Carry Act, including the cost of sending | ||||||
15 | notices of expiration of Firearm Owner's Identification Cards, | ||||||
16 | certificates of handgun registration, concealed carry | ||||||
17 | licenses, the prompt and efficient processing of applications | ||||||
18 | under the Firearm Owners Identification Card and Certificate of | ||||||
19 | Handgun Registration Act and the Firearm Concealed Carry Act, | ||||||
20 | the improved efficiency and reporting of the LEADS and federal | ||||||
21 | NICS law enforcement data systems, and support for | ||||||
22 | investigations required under these Acts and law. Any surplus | ||||||
23 | funds beyond what is needed to comply with the aforementioned | ||||||
24 | purposes shall be used by the Department to improve the Law | ||||||
25 | Enforcement Agencies Data System (LEADS) and criminal history |
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| |||||||
1 | background check system. | ||||||
2 | (c) Investment income that is attributable to the | ||||||
3 | investment of moneys in the Fund shall be retained in the Fund | ||||||
4 | for the uses specified in this Section.
| ||||||
5 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
6 | Section 15. The State Finance Act is amended by changing | ||||||
7 | 6z-99 and by adding Sections 5.866, 5.867, 5.868, 6z-101, and | ||||||
8 | 6z-102 as follows: | ||||||
9 | (30 ILCS 105/5.866 new) | ||||||
10 | Sec. 5.866. The National Instant Criminal Background Check | ||||||
11 | System Improvement Fund. | ||||||
12 | (30 ILCS 105/5.867 new) | ||||||
13 | Sec. 5.867. The Illinois LEADS Information and Technology | ||||||
14 | Improvement Fund. | ||||||
15 | (30 ILCS 105/5.868 new) | ||||||
16 | Sec. 5.868. The Handgun Certificate Administration Fund. | ||||||
17 | (30 ILCS 105/6z-99) | ||||||
18 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
19 | (a) There is created in the State treasury a special fund | ||||||
20 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
21 | receive revenue under the Firearm Concealed Carry Act. The Fund |
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1 | may also receive revenue from grants, pass-through grants, | ||||||
2 | donations, appropriations, and any other legal source. | ||||||
3 | (b) The Department of State Police and Department of Human | ||||||
4 | Services shall coordinate to use moneys in the Fund to finance | ||||||
5 | their respective duties of collecting and reporting data on | ||||||
6 | mental health records and ensuring that mental health firearm | ||||||
7 | possession prohibitors are enforced as set forth under the | ||||||
8 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
9 | Identification Card and Certificate of Handgun Registration | ||||||
10 | Act. Any surplus in the Fund beyond what is necessary to ensure | ||||||
11 | compliance with mental health reporting under these Acts shall | ||||||
12 | be used by the Department of Human Services for mental health | ||||||
13 | treatment programs. | ||||||
14 | (c) Investment income that is attributable to the | ||||||
15 | investment of moneys in the Fund shall be retained in the Fund | ||||||
16 | for the uses specified in this Section.
| ||||||
17 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
18 | (30 ILCS 105/6z-101 new) | ||||||
19 | Sec. 6z-101. National Instant Criminal Background Check | ||||||
20 | System Improvement Fund. | ||||||
21 | (a) There is created in the State treasury a special fund | ||||||
22 | known as National Instant Criminal Background Check System | ||||||
23 | Improvement Fund. The Fund shall receive revenue pursuant to | ||||||
24 | Section 3.4 of the Firearm Owners Identification Card and | ||||||
25 | Certificate of Handgun Registration Act. The Fund may also |
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1 | receive revenue from grants, donations, appropriations, and | ||||||
2 | any other legal source. | ||||||
3 | (b) The Department of State Police shall use moneys in the | ||||||
4 | Fund to perform its duties and responsibilities under | ||||||
5 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
6 | Identification Card and Certificate of Handgun Registration | ||||||
7 | Act. | ||||||
8 | (c) Expenditures may be made from the Fund only as | ||||||
9 | appropriated by the General Assembly by law. | ||||||
10 | (d) Investment income that is attributable to the | ||||||
11 | investment of moneys in the Fund shall be retained in the Fund | ||||||
12 | for the uses specified in this Section. | ||||||
13 | (e) The Fund shall not be subject to administrative | ||||||
14 | chargebacks. | ||||||
15 | (30 ILCS 105/6z-102 new) | ||||||
16 | Sec. 6z-102. Illinois LEADS Information and Technology | ||||||
17 | Improvement Fund. | ||||||
18 | (a) There is created in the State treasury a special fund | ||||||
19 | known as the Illinois LEADS Information and Technology | ||||||
20 | Improvement Fund. The Fund shall receive revenue pursuant to | ||||||
21 | Section 3.4 of the Firearm Owners Identification Card and | ||||||
22 | Certificate of Handgun Registration Act. The Fund may also | ||||||
23 | receive revenue from grants, donations, appropriations, and | ||||||
24 | any other legal source. | ||||||
25 | (b) The Department of State Police shall use the moneys in |
| |||||||
| |||||||
1 | the Fund to update and improve the technology used for the Law | ||||||
2 | Enforcement Agencies Data System (LEADS) system. The Fund shall | ||||||
3 | also be used to support the Department's responsibilities in | ||||||
4 | managing background checks and public safety record-keeping. | ||||||
5 | (c) Moneys in the Fund shall also be used to fund grants | ||||||
6 | made available to local law enforcement to support their | ||||||
7 | technological infrastructure. | ||||||
8 | (d) Expenditures may be made from the Fund only as | ||||||
9 | appropriated by the General Assembly by law. | ||||||
10 | (e) Investment income that is attributable to the | ||||||
11 | investment of moneys in the Fund shall be retained in the Fund | ||||||
12 | for the uses specified in this Section. | ||||||
13 | (f) The Fund shall not be subject to administrative | ||||||
14 | chargebacks. | ||||||
15 | Section 20. The School Code is amended by changing Sections | ||||||
16 | 10-22.6, 10-27.1A, and 34-8.05 as follows:
| ||||||
17 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||||||
18 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
19 | searches.
| ||||||
20 | (a) To expel pupils guilty of gross disobedience or | ||||||
21 | misconduct, including gross disobedience or misconduct | ||||||
22 | perpetuated by electronic means, and
no action shall lie | ||||||
23 | against them for such expulsion. Expulsion shall
take place | ||||||
24 | only after the parents have been requested to appear at a
|
| |||||||
| |||||||
1 | meeting of the board, or with a hearing officer appointed by | ||||||
2 | it, to
discuss their child's behavior. Such request shall be | ||||||
3 | made by registered
or certified mail and shall state the time, | ||||||
4 | place and purpose of the
meeting. The board, or a hearing | ||||||
5 | officer appointed by it, at such
meeting shall state the | ||||||
6 | reasons for dismissal and the date on which the
expulsion is to | ||||||
7 | become effective. If a hearing officer is appointed by
the | ||||||
8 | board he shall report to the board a written summary of the | ||||||
9 | evidence
heard at the meeting and the board may take such | ||||||
10 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
11 | be immediately transferred to an alternative program in the | ||||||
12 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
13 | must not be denied transfer because of the expulsion, except in | ||||||
14 | cases in which such transfer is deemed to cause a threat to the | ||||||
15 | safety of students or staff in the alternative program.
| ||||||
16 | (b) To suspend or by policy to authorize the superintendent | ||||||
17 | of
the district or the principal, assistant principal, or dean | ||||||
18 | of students
of any school to suspend pupils guilty of gross | ||||||
19 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
20 | gross disobedience or misconduct on the school bus
from riding | ||||||
21 | the school bus, and no action
shall lie against them for such | ||||||
22 | suspension. The board may by policy
authorize the | ||||||
23 | superintendent of the district or the principal, assistant
| ||||||
24 | principal, or dean of students of any
school to suspend pupils | ||||||
25 | guilty of such acts for a period not to exceed
10 school days. | ||||||
26 | If a pupil is suspended due to gross disobedience or misconduct
|
| |||||||
| |||||||
1 | on a school bus, the board may suspend the pupil in excess of | ||||||
2 | 10
school
days for safety reasons. Any suspension shall be | ||||||
3 | reported immediately to the
parents or guardian of such pupil | ||||||
4 | along with a full statement of the
reasons for such suspension | ||||||
5 | and a notice of their right to a review. The school board must | ||||||
6 | be given a summary of the notice, including the reason for the | ||||||
7 | suspension and the suspension length. Upon request of the
| ||||||
8 | parents or guardian the school board or a hearing officer | ||||||
9 | appointed by
it shall review such action of the superintendent | ||||||
10 | or principal, assistant
principal, or dean of students. At such
| ||||||
11 | review the parents or guardian of the pupil may appear and | ||||||
12 | discuss the
suspension with the board or its hearing officer. | ||||||
13 | If a hearing officer
is appointed by the board he shall report | ||||||
14 | to the board a written summary
of the evidence heard at the | ||||||
15 | meeting. After its hearing or upon receipt
of the written | ||||||
16 | report of its hearing officer, the board may take such
action | ||||||
17 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
18 | 20 school days may be immediately transferred to an alternative | ||||||
19 | program in the manner provided in Article 13A or 13B of this | ||||||
20 | Code. A pupil must not be denied transfer because of the | ||||||
21 | suspension, except in cases in which such transfer is deemed to | ||||||
22 | cause a threat to the safety of students or staff in the | ||||||
23 | alternative program.
| ||||||
24 | (c) The Department of Human Services
shall be invited to | ||||||
25 | send a representative to consult with the board at
such meeting | ||||||
26 | whenever there is evidence that mental illness may be the
cause |
| |||||||
| |||||||
1 | for expulsion or suspension.
| ||||||
2 | (d) The board may expel a student for a definite period of | ||||||
3 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
4 | case basis.
A student who
is determined to have brought one of | ||||||
5 | the following objects to school, any school-sponsored activity
| ||||||
6 | or event, or any activity or event that bears a reasonable | ||||||
7 | relationship to school shall be expelled for a period of not | ||||||
8 | less than
one year: | ||||||
9 | (1) A firearm. For the purposes of this Section, | ||||||
10 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
11 | by Section 921 of Title 18 of the United States Code, | ||||||
12 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
13 | Identification Card and Certificate of Handgun | ||||||
14 | Registration Act, or firearm as defined in Section 24-1 of | ||||||
15 | the Criminal Code of 2012. The expulsion period under this | ||||||
16 | subdivision (1) may be modified by the superintendent, and | ||||||
17 | the superintendent's determination may be modified by the | ||||||
18 | board on a case-by-case basis. | ||||||
19 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
20 | regardless of its composition, a billy club, or any other | ||||||
21 | object if used or attempted to be used to cause bodily | ||||||
22 | harm, including "look alikes" of any firearm as defined in | ||||||
23 | subdivision (1) of this subsection (d). The expulsion | ||||||
24 | requirement under this subdivision (2) may be modified by | ||||||
25 | the superintendent, and the superintendent's determination | ||||||
26 | may be modified by the board on a case-by-case basis. |
| |||||||
| |||||||
1 | Expulsion
or suspension
shall be construed in a
manner | ||||||
2 | consistent with the Federal Individuals with Disabilities | ||||||
3 | Education
Act. A student who is subject to suspension or | ||||||
4 | expulsion as provided in this
Section may be eligible for a | ||||||
5 | transfer to an alternative school program in
accordance with | ||||||
6 | Article 13A of the School Code. The provisions of this
| ||||||
7 | subsection (d) apply in all school districts,
including special | ||||||
8 | charter districts and districts organized under Article 34.
| ||||||
9 | (d-5) The board may suspend or by regulation
authorize the | ||||||
10 | superintendent of the district or the principal, assistant
| ||||||
11 | principal, or dean of students of any
school to suspend a | ||||||
12 | student for a period not to exceed
10 school days or may expel | ||||||
13 | a student for a definite period of time not to
exceed 2 | ||||||
14 | calendar years, as determined on a case by case basis, if (i) | ||||||
15 | that student has been determined to have made an explicit | ||||||
16 | threat on an Internet website against a school employee, a | ||||||
17 | student, or any school-related personnel, (ii) the Internet | ||||||
18 | website through which the threat was made is a site that was | ||||||
19 | accessible within the school at the time the threat was made or | ||||||
20 | was available to third parties who worked or studied within the | ||||||
21 | school grounds at the time the threat was made, and (iii) the | ||||||
22 | threat could be reasonably interpreted as threatening to the | ||||||
23 | safety and security of the threatened individual because of his | ||||||
24 | or her duties or employment status or status as a student | ||||||
25 | inside the school. The provisions of this
subsection (d-5) | ||||||
26 | apply in all school districts,
including special charter |
| |||||||
| |||||||
1 | districts and districts organized under Article 34 of this | ||||||
2 | Code.
| ||||||
3 | (e) To maintain order and security in the schools, school | ||||||
4 | authorities may
inspect and search places and areas such as | ||||||
5 | lockers, desks, parking lots, and
other school property and | ||||||
6 | equipment owned or controlled by the school, as well
as | ||||||
7 | personal effects left in those places and areas by students, | ||||||
8 | without notice
to or the consent of the student, and without a | ||||||
9 | search warrant. As a matter of
public policy, the General | ||||||
10 | Assembly finds that students have no reasonable
expectation of | ||||||
11 | privacy in these places and areas or in their personal effects
| ||||||
12 | left in these places and areas. School authorities may request | ||||||
13 | the assistance
of law enforcement officials for the purpose of | ||||||
14 | conducting inspections and
searches of lockers, desks, parking | ||||||
15 | lots, and other school property and
equipment owned or | ||||||
16 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
17 | illegal or dangerous substances or materials, including | ||||||
18 | searches conducted
through the use of specially trained dogs. | ||||||
19 | If a search conducted in accordance
with this Section produces | ||||||
20 | evidence that the student has violated or is
violating either | ||||||
21 | the law, local ordinance, or the school's policies or rules,
| ||||||
22 | such evidence may be seized by school authorities, and | ||||||
23 | disciplinary action may
be taken. School authorities may also | ||||||
24 | turn over such evidence to law
enforcement authorities. The | ||||||
25 | provisions of this subsection (e) apply in all
school | ||||||
26 | districts, including special charter districts and districts |
| |||||||
| |||||||
1 | organized
under Article 34.
| ||||||
2 | (f) Suspension or expulsion may include suspension or | ||||||
3 | expulsion from
school and all school activities and a | ||||||
4 | prohibition from being present on school
grounds.
| ||||||
5 | (g) A school district may adopt a policy providing that if | ||||||
6 | a student
is suspended or expelled for any reason from any | ||||||
7 | public or private school
in this or any other state, the | ||||||
8 | student must complete the entire term of
the suspension or | ||||||
9 | expulsion in an alternative school program under Article 13A of | ||||||
10 | this Code or an alternative learning opportunities program | ||||||
11 | under Article 13B of this Code before being admitted into the | ||||||
12 | school
district if there is no threat to the safety of students | ||||||
13 | or staff in the alternative program. This subsection (g) | ||||||
14 | applies to
all school districts, including special charter | ||||||
15 | districts and districts
organized under Article 34 of this | ||||||
16 | Code.
| ||||||
17 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
18 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
19 | 97-1150, eff. 1-25-13.)
| ||||||
20 | (105 ILCS 5/10-27.1A)
| ||||||
21 | Sec. 10-27.1A. Firearms in schools.
| ||||||
22 | (a) All school officials, including teachers, guidance | ||||||
23 | counselors, and
support staff, shall immediately notify the | ||||||
24 | office of the principal in the
event that they observe any | ||||||
25 | person in possession of a firearm on school
grounds; provided |
| |||||||
| |||||||
1 | that taking such immediate action to notify the office of the
| ||||||
2 | principal would not immediately endanger the health, safety, or | ||||||
3 | welfare of
students who are under the direct supervision of the | ||||||
4 | school official or the
school official. If the health, safety, | ||||||
5 | or welfare of students under the
direct supervision of the | ||||||
6 | school official or of the school official is
immediately | ||||||
7 | endangered, the school official shall notify the office of the
| ||||||
8 | principal as soon as the students under his or her supervision | ||||||
9 | and he or she
are no longer under immediate danger. A report is | ||||||
10 | not required by this Section
when the school official knows | ||||||
11 | that the person in possession of the firearm is
a law | ||||||
12 | enforcement official engaged in the conduct of his or her | ||||||
13 | official
duties. Any school official acting in good faith who | ||||||
14 | makes such a report under
this Section shall have immunity from | ||||||
15 | any civil or criminal liability that
might otherwise be | ||||||
16 | incurred as a result of making the report. The identity of
the | ||||||
17 | school official making such report shall not be disclosed | ||||||
18 | except as
expressly and specifically authorized by law. | ||||||
19 | Knowingly and willfully failing
to comply with this Section is | ||||||
20 | a petty offense. A second or subsequent offense
is a Class C | ||||||
21 | misdemeanor.
| ||||||
22 | (b) Upon receiving a report from any school official | ||||||
23 | pursuant to this
Section, or from any other person, the | ||||||
24 | principal or his or her designee shall
immediately notify a | ||||||
25 | local law enforcement agency. If the person found to be
in | ||||||
26 | possession of a firearm on school grounds is a student, the |
| |||||||
| |||||||
1 | principal or
his or her designee shall also immediately notify | ||||||
2 | that student's parent or
guardian. Any principal or his or her | ||||||
3 | designee acting in good faith who makes
such reports under this | ||||||
4 | Section shall have immunity from any civil or criminal
| ||||||
5 | liability that might otherwise be incurred or imposed as a | ||||||
6 | result of making
the reports. Knowingly and willfully failing | ||||||
7 | to comply with this Section is a
petty offense. A second or | ||||||
8 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
9 | found to be in possession of the firearm on school grounds is a
| ||||||
10 | minor, the law enforcement agency shall detain that minor until | ||||||
11 | such time as
the agency makes a determination pursuant to | ||||||
12 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
13 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
14 | that the minor is delinquent. If the law enforcement
agency | ||||||
15 | determines that probable cause exists to believe that the minor
| ||||||
16 | committed a violation of item (4) of subsection (a) of Section | ||||||
17 | 24-1 of the
Criminal Code of 2012 while on school grounds, the | ||||||
18 | agency shall detain the
minor for processing pursuant to | ||||||
19 | Section 5-407 of the Juvenile Court Act of
1987.
| ||||||
20 | (c) On or after January 1, 1997, upon receipt of any | ||||||
21 | written,
electronic, or verbal report from any school personnel | ||||||
22 | regarding a verified
incident involving a firearm in a school | ||||||
23 | or on school owned or leased property,
including any conveyance | ||||||
24 | owned,
leased, or used by the school for the transport of | ||||||
25 | students or school
personnel, the superintendent or his or her | ||||||
26 | designee shall report all such
firearm-related incidents |
| |||||||
| |||||||
1 | occurring in a school or on school property to the
local law | ||||||
2 | enforcement authorities immediately and to the Department of | ||||||
3 | State
Police in a form, manner, and frequency as prescribed by | ||||||
4 | the Department of
State Police.
| ||||||
5 | The State Board of Education shall receive an annual | ||||||
6 | statistical compilation
and related data associated with | ||||||
7 | incidents involving firearms in schools from
the Department of | ||||||
8 | State Police. The State Board of Education shall compile
this | ||||||
9 | information by school district and make it available to the | ||||||
10 | public.
| ||||||
11 | (d) As used in this Section, the term "firearm" shall have | ||||||
12 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
13 | Identification Card and Certificate of Handgun Registration | ||||||
14 | Act.
| ||||||
15 | As used in this Section, the term "school" means any public | ||||||
16 | or private
elementary or secondary school.
| ||||||
17 | As used in this Section, the term "school grounds" includes | ||||||
18 | the real property
comprising any school, any conveyance owned, | ||||||
19 | leased, or contracted by a school
to transport students to or | ||||||
20 | from school or a school-related activity, or any
public way | ||||||
21 | within 1,000 feet of the real property comprising any school.
| ||||||
22 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
23 | (105 ILCS 5/34-8.05)
| ||||||
24 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
25 | January 1,
1997,
upon receipt of any written,
electronic, or |
| |||||||
| |||||||
1 | verbal report from any school personnel regarding a verified
| ||||||
2 | incident involving a firearm in a school or on school owned or | ||||||
3 | leased property,
including any conveyance owned,
leased, or | ||||||
4 | used by the school for the transport of students or school
| ||||||
5 | personnel, the general superintendent or his or her designee | ||||||
6 | shall report all
such
firearm-related incidents occurring in a | ||||||
7 | school or on school property to the
local law enforcement | ||||||
8 | authorities no later than 24 hours after the occurrence
of the | ||||||
9 | incident and to the Department of State Police in a form, | ||||||
10 | manner, and
frequency as prescribed by the Department of State | ||||||
11 | Police.
| ||||||
12 | The State Board of Education shall receive an annual | ||||||
13 | statistical compilation
and related data associated with | ||||||
14 | incidents involving firearms in schools from
the Department of | ||||||
15 | State Police. As used in this Section, the term "firearm"
shall | ||||||
16 | have the meaning ascribed to it in Section 1.1 of the Firearm | ||||||
17 | Owners
Identification Card and Certificate of Handgun | ||||||
18 | Registration Act.
| ||||||
19 | (Source: P.A. 89-498, eff. 6-27-96.)
| ||||||
20 | Section 21. The Illinois Explosives Act is amended by | ||||||
21 | changing Section 2005 as follows:
| ||||||
22 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
23 | Sec. 2005. Qualifications for licensure. | ||||||
24 | (a) No person shall qualify to hold a license who: |
| |||||||
| |||||||
1 | (1) is under 21 years of age; | ||||||
2 | (2) has been convicted in any court of a crime | ||||||
3 | punishable by imprisonment for a term exceeding one year; | ||||||
4 | (3) is under indictment for a crime punishable by | ||||||
5 | imprisonment for a term exceeding one year; | ||||||
6 | (4) is a fugitive from justice; | ||||||
7 | (5) is an unlawful user of or addicted to any | ||||||
8 | controlled substance as defined in Section 102 of the | ||||||
9 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
10 | seq.); | ||||||
11 | (6) has been adjudicated a mentally disabled person as | ||||||
12 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
13 | Card and Certificate of Handgun Registration Act; or | ||||||
14 | (7) is not a legal citizen of the United States. | ||||||
15 | (b) A person who has been granted a "relief from | ||||||
16 | disabilities" regarding criminal convictions and indictments, | ||||||
17 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
18 | 845) may receive a license provided all other qualifications | ||||||
19 | under this Act are met.
| ||||||
20 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
21 | Section 22. The Private Detective, Private Alarm, Private | ||||||
22 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
23 | amended by changing Section 35-35 as follows:
| ||||||
24 | (225 ILCS 447/35-35)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
3 | (a) No person shall perform duties that include the use,
| ||||||
4 | carrying, or possession of a firearm in the performance of
| ||||||
5 | those duties without complying with the provisions of this
| ||||||
6 | Section and having been issued a valid firearm control
card by | ||||||
7 | the Department.
| ||||||
8 | (b) No employer shall employ any person to perform the
| ||||||
9 | duties for which licensure or employee registration is required | ||||||
10 | and allow
that person to carry a firearm unless that person has | ||||||
11 | complied
with all the firearm training requirements of this | ||||||
12 | Section and
has been issued a firearm control card. This Act
| ||||||
13 | permits only the following to carry firearms while actually
| ||||||
14 | engaged in the performance of their duties or while commuting
| ||||||
15 | directly to or from their places of employment: persons
| ||||||
16 | licensed as private detectives and their registered employees;
| ||||||
17 | persons licensed as private security contractors and their
| ||||||
18 | registered employees; persons licensed as private alarm
| ||||||
19 | contractors and their registered employees; and employees of a
| ||||||
20 | registered armed proprietary security force.
| ||||||
21 | (c) Possession of a valid firearm control
card
allows a | ||||||
22 | licensee or employee to carry a firearm not otherwise | ||||||
23 | prohibited
by law while the licensee or employee is engaged in | ||||||
24 | the performance of his
or her duties or while the licensee or | ||||||
25 | employee is commuting directly to
or from the licensee's or | ||||||
26 | employee's place or places of employment.
|
| |||||||
| |||||||
1 | (d) The Department shall issue a firearm control
card to a | ||||||
2 | person who has passed an approved firearm training
course, who | ||||||
3 | is currently licensed or employed by an agency licensed by
this | ||||||
4 | Act and has met all the requirements of this Act, and who
| ||||||
5 | possesses a valid firearm owner identification card.
| ||||||
6 | Application for the firearm control card shall be made
by the | ||||||
7 | employer to the Department on forms provided by the
Department. | ||||||
8 | The Department shall forward the card to the
employer who shall | ||||||
9 | be responsible for its issuance to the licensee or
employee. | ||||||
10 | The firearm control card shall be issued by
the Department and | ||||||
11 | shall identify the person holding it and
the name of the course | ||||||
12 | where the licensee or employee received firearm
instruction and | ||||||
13 | shall specify the type of weapon or weapons
the person is | ||||||
14 | authorized by the Department to carry and for
which the person | ||||||
15 | has been trained.
| ||||||
16 | (e) Expiration and requirements for renewal of firearm | ||||||
17 | control cards shall be determined by rule.
| ||||||
18 | (f) The Department may, in addition to any other
| ||||||
19 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
20 | suspend, or revoke a firearm control card if the
applicant or | ||||||
21 | holder has been convicted of any felony or crime
involving the | ||||||
22 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
23 | a violation of this Act or rules promulgated
under this Act. | ||||||
24 | The Department shall refuse to issue or shall
revoke a firearm | ||||||
25 | control card if the applicant or holder
fails to possess a | ||||||
26 | valid firearm owners identification card , and a certificate of |
| |||||||
| |||||||
1 | handgun registration if the employee's duties require the | ||||||
2 | possession of a handgun, without hearing.
The Secretary shall | ||||||
3 | summarily suspend a firearm control
card if the Secretary finds | ||||||
4 | that its continued use would
constitute an imminent danger to | ||||||
5 | the public. A hearing shall
be held before the Board within 30 | ||||||
6 | days if the Secretary
summarily suspends a firearm control | ||||||
7 | card.
| ||||||
8 | (g) Notwithstanding any other provision of this Act to the
| ||||||
9 | contrary, all requirements relating to firearms control
cards | ||||||
10 | do not apply to a peace officer.
| ||||||
11 | (h) The Department may issue a temporary firearm control | ||||||
12 | card pending issuance of a new firearm control card upon an | ||||||
13 | agency's acquiring of an established armed account. An agency | ||||||
14 | that has acquired armed employees as a result of acquiring an | ||||||
15 | established armed account may, on forms supplied by the | ||||||
16 | Department, request the issuance of a temporary firearm control | ||||||
17 | card for each acquired employee who held a valid firearm | ||||||
18 | control card under his or her employment with the newly | ||||||
19 | acquired established armed account immediately preceding the | ||||||
20 | acquiring of the account and who continues to meet all of the | ||||||
21 | qualifications for issuance of a firearm control card set forth | ||||||
22 | in this Act and any rules adopted under this Act. The | ||||||
23 | Department shall, by rule, set the fee for issuance of a | ||||||
24 | temporary firearm control card.
| ||||||
25 | (i) The Department shall not issue a firearm control card | ||||||
26 | to a licensed fingerprint vendor or a licensed locksmith or |
| |||||||
| |||||||
1 | employees of a licensed fingerprint vendor agency or a licensed | ||||||
2 | locksmith agency.
| ||||||
3 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
4 | Section 23. The Mental Health and Developmental | ||||||
5 | Disabilities Code is amended by changing Sections 6-103.1, | ||||||
6 | 6-103.2, and 6-103.3 as follows: | ||||||
7 | (405 ILCS 5/6-103.1) | ||||||
8 | Sec. 6-103.1. Adjudication as a mentally disabled person. | ||||||
9 | When a person has been adjudicated as a mentally disabled | ||||||
10 | person as defined in Section 1.1 of the Firearm Owners | ||||||
11 | Identification Card and Certificate of Handgun Registration | ||||||
12 | Act, including, but not limited to, an adjudication as a | ||||||
13 | disabled person as defined in Section 11a-2 of the Probate Act | ||||||
14 | of 1975, the court shall direct
the circuit court clerk to | ||||||
15 | notify the
Department of State Police, Firearm Owner's | ||||||
16 | Identification
(FOID) Office, in a form and manner prescribed | ||||||
17 | by the Department of State Police, and shall forward a copy of | ||||||
18 | the court order to the Department no later than 7 days after | ||||||
19 | the entry of the order. Upon receipt of the order, the | ||||||
20 | Department of State Police shall provide notification to the | ||||||
21 | National Instant Criminal Background Check System.
| ||||||
22 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.) | ||||||
23 | (405 ILCS 5/6-103.2) |
| |||||||
| |||||||
1 | Sec. 6-103.2. Developmental disability; notice. For | ||||||
2 | purposes of this Section, if a person is determined to be | ||||||
3 | developmentally disabled as defined in Section 1.1 of the | ||||||
4 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
5 | Registration Act by a physician, clinical psychologist, or | ||||||
6 | qualified examiner, whether practicing at a public or by a | ||||||
7 | private mental health facility or developmental disability | ||||||
8 | facility, the physician, clinical psychologist, or qualified | ||||||
9 | examiner shall notify the Department of Human Services within | ||||||
10 | 24 hours of making the determination that the person has a | ||||||
11 | developmental disability. The Department of Human Services | ||||||
12 | shall immediately update its records and information relating | ||||||
13 | to mental health and developmental disabilities, and if | ||||||
14 | appropriate, shall notify the Department of State Police in a | ||||||
15 | form and manner prescribed by the Department of State Police. | ||||||
16 | Information disclosed under this Section shall remain | ||||||
17 | privileged and confidential, and shall not be redisclosed, | ||||||
18 | except as required under subsection (e) of Section 3.1 of the | ||||||
19 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
20 | Registration Act, nor used for any other purpose. The method of | ||||||
21 | providing this information shall guarantee that the | ||||||
22 | information is not released beyond that which is necessary for | ||||||
23 | the purpose of this Section and shall be provided by rule by | ||||||
24 | the Department of Human Services. The identity of the person | ||||||
25 | reporting under this Section shall not be disclosed to the | ||||||
26 | subject of the report. |
| |||||||
| |||||||
1 | The physician, clinical psychologist, or qualified | ||||||
2 | examiner making the determination and his or her employer may | ||||||
3 | not be held criminally, civilly, or professionally liable for | ||||||
4 | making or not making the notification required under this | ||||||
5 | Section, except for willful or wanton misconduct.
| ||||||
6 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
7 | (405 ILCS 5/6-103.3) | ||||||
8 | Sec. 6-103.3. Clear and present danger; notice. If a person | ||||||
9 | is determined to pose a clear and present danger to himself, | ||||||
10 | herself, or to others by a physician, clinical psychologist, or | ||||||
11 | qualified examiner, whether employed by the State, by any | ||||||
12 | public or private mental health facility or part thereof, or by | ||||||
13 | a law enforcement official or a school administrator, then the | ||||||
14 | physician, clinical psychologist, qualified examiner shall | ||||||
15 | notify the Department of Human Services and a law enforcement | ||||||
16 | official or school administrator shall notify the Department of | ||||||
17 | State Police, within 24 hours of making the determination that | ||||||
18 | the person poses a clear and present danger. The Department of | ||||||
19 | Human Services shall immediately update its records and | ||||||
20 | information relating to mental health and developmental | ||||||
21 | disabilities, and if appropriate, shall notify the Department | ||||||
22 | of State Police in a form and manner prescribed by the | ||||||
23 | Department of State Police. Information disclosed under this | ||||||
24 | Section shall remain privileged and confidential, and shall not | ||||||
25 | be redisclosed, except as required under subsection (e) of |
| |||||||
| |||||||
1 | Section 3.1 of the Firearm Owners Identification Card and | ||||||
2 | Certificate of Handgun Registration Act, nor used for any other | ||||||
3 | purpose. The method of providing this information shall | ||||||
4 | guarantee that the information is not released beyond that | ||||||
5 | which is necessary for the purpose of this Section and shall be | ||||||
6 | provided by rule by the Department of Human Services. The | ||||||
7 | identity of the person reporting under this Section shall not | ||||||
8 | be disclosed to the subject of the report. The physician, | ||||||
9 | clinical psychologist, qualified examiner, law enforcement | ||||||
10 | official, or school administrator making the determination and | ||||||
11 | his or her employer shall not be held criminally, civilly, or | ||||||
12 | professionally liable for making or not making the notification | ||||||
13 | required under this Section, except for willful or wanton | ||||||
14 | misconduct. This Section does not apply to a law enforcement | ||||||
15 | official, if making the notification under this Section will | ||||||
16 | interfere with an ongoing or pending criminal investigation. | ||||||
17 | For the purposes of this Section: | ||||||
18 | "Clear and present danger" has the meaning ascribed to | ||||||
19 | it in Section 1.1 of the Firearm Owners Identification Card | ||||||
20 | and Certificate of Handgun Registration Act. | ||||||
21 | "School administrator" means the person required to | ||||||
22 | report under the School Administrator Reporting of Mental | ||||||
23 | Health Clear and Present Danger Determinations Law.
| ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
25 | Section 25. The Lead Poisoning Prevention Act is amended by |
| |||||||
| |||||||
1 | changing Section 2 as follows:
| ||||||
2 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||
3 | Sec. 2. Definitions. As used in this Act:
| ||||||
4 | "Child care facility" means any structure used by a child | ||||||
5 | care
provider licensed by the Department of Children and Family | ||||||
6 | Services or
public or private school structure frequented by | ||||||
7 | children 6 years of
age or younger.
| ||||||
8 | "Childhood Lead Risk Questionnaire" means the | ||||||
9 | questionnaire developed by the Department for use by physicians | ||||||
10 | and other health care providers to determine risk factors for | ||||||
11 | children 6 years of age or younger residing in areas designated | ||||||
12 | as low risk for lead exposure. | ||||||
13 | "Delegate agency" means a unit of local government or | ||||||
14 | health
department approved by the Department to carry out the | ||||||
15 | provisions of this Act.
| ||||||
16 | "Department" means the Department of Public Health.
| ||||||
17 | "Director" means the Director of Public Health.
| ||||||
18 | "Dwelling unit" means an individual unit within a | ||||||
19 | residential building used as living quarters for one household. | ||||||
20 | "Elevated blood lead level" means a blood lead level in | ||||||
21 | excess of those considered within the permissible limits as | ||||||
22 | established under State and federal rules. | ||||||
23 | "Exposed surface" means any interior or exterior surface of
| ||||||
24 | a regulated facility. | ||||||
25 | "High risk area" means an area in the State determined by |
| |||||||
| |||||||
1 | the Department to
be high risk for lead exposure for children 6 | ||||||
2 | years of age or younger. The
Department may consider, but is | ||||||
3 | not limited to, the following factors to
determine a high risk | ||||||
4 | area: age and condition (using Department of Housing and
Urban
| ||||||
5 | Development definitions of "slum" and "blighted") of housing, | ||||||
6 | proximity to
highway traffic or heavy local traffic or both, | ||||||
7 | percentage of housing
determined as rental or vacant, proximity | ||||||
8 | to industry using lead, established
incidence of elevated blood | ||||||
9 | lead levels in children, percentage of population
living
below | ||||||
10 | 200% of federal poverty guidelines, and number of children | ||||||
11 | residing in
the area who are 6 years of age or younger.
| ||||||
12 | "Lead abatement" means any approved work practices that | ||||||
13 | will permanently eliminate lead exposure or remove the | ||||||
14 | lead-bearing substances in a regulated facility. The | ||||||
15 | Department shall establish by rule which work practices are | ||||||
16 | approved or prohibited for lead abatement. | ||||||
17 | "Lead abatement contractor" means any person or entity | ||||||
18 | licensed by the
Department to perform lead abatement and | ||||||
19 | mitigation.
| ||||||
20 | "Lead abatement supervisor" means any person employed by a | ||||||
21 | lead abatement contractor and licensed by the Department to | ||||||
22 | perform lead abatement and lead mitigation and to supervise | ||||||
23 | lead workers who perform lead abatement and lead mitigation. | ||||||
24 | "Lead abatement worker" means any person employed by a lead | ||||||
25 | abatement
contractor and licensed by the Department to perform | ||||||
26 | lead abatement and
mitigation.
|
| |||||||
| |||||||
1 | "Lead activities" means the conduct of any lead services, | ||||||
2 | including, lead inspection, lead risk assessment, lead | ||||||
3 | mitigation, or lead abatement work or supervision in a | ||||||
4 | regulated facility. | ||||||
5 | "Lead-bearing substance" means any item containing or | ||||||
6 | coated with lead such that the lead content is more than | ||||||
7 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
8 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
9 | elements of the regulated facility; or any paint or
other | ||||||
10 | surface coating material containing more than five-tenths of | ||||||
11 | one
percent (0.5%) lead by total weight (calculated as lead | ||||||
12 | metal) in the total
non-volatile content of liquid paint; or | ||||||
13 | lead-bearing substances containing
greater than one milligram | ||||||
14 | per square centimeter or any lower standard for
lead content in | ||||||
15 | residential paint as may be established by federal law or rule; | ||||||
16 | or more than 1 milligram per square centimeter in the dried
| ||||||
17 | film of paint or previously applied substance; or item or dust | ||||||
18 | on item containing lead in
excess of the amount specified in | ||||||
19 | the rules authorized by
this Act or a lower standard for lead | ||||||
20 | content as may be established by
federal law or rule. | ||||||
21 | "Lead-bearing substance" does not include firearm ammunition | ||||||
22 | or components as defined by the Firearm Owners Identification | ||||||
23 | Card and Certificate of Handgun Registration Act.
| ||||||
24 | "Lead hazard" means a lead-bearing substance that poses an
| ||||||
25 | immediate health hazard to humans.
| ||||||
26 | "Lead hazard screen" means a lead risk assessment that |
| |||||||
| |||||||
1 | involves limited dust and paint sampling for lead-bearing | ||||||
2 | substances and lead hazards. This service is used as a | ||||||
3 | screening tool designed to determine if further lead | ||||||
4 | investigative services are required for the regulated | ||||||
5 | facility. | ||||||
6 | "Lead inspection" means a surface-by-surface investigation | ||||||
7 | to determine the presence of lead-based paint. | ||||||
8 | "Lead inspector" means an individual who has been trained | ||||||
9 | by a Department-approved training program and is licensed by | ||||||
10 | the Department to conduct lead inspections; to sample for the | ||||||
11 | presence of lead in paint, dust, soil, and water; and to | ||||||
12 | conduct compliance investigations. | ||||||
13 | "Lead mitigation" means the remediation, in a
manner | ||||||
14 | described in Section 9, of a lead hazard so that the
| ||||||
15 | lead-bearing substance does not pose an immediate
health hazard | ||||||
16 | to humans. | ||||||
17 | "Lead poisoning" means the condition of having blood lead | ||||||
18 | levels in
excess of those considered safe under State and | ||||||
19 | federal rules.
| ||||||
20 | "Lead risk assessment" means an on-site investigation to | ||||||
21 | determine the existence, nature, severity, and location of lead | ||||||
22 | hazards. "Lead risk assessment" includes any lead sampling and | ||||||
23 | visual assessment associated with conducting a lead risk | ||||||
24 | assessment and lead hazard screen and all lead sampling | ||||||
25 | associated with compliance investigations. | ||||||
26 | "Lead risk assessor" means an individual who has been |
| |||||||
| |||||||
1 | trained by a Department-approved training program and is | ||||||
2 | licensed by the Department to conduct lead risk assessments, | ||||||
3 | lead inspections, and lead hazard screens; to sample for the | ||||||
4 | presence of lead in paint, dust, soil, water, and sources for | ||||||
5 | lead-bearing substances; and to conduct compliance | ||||||
6 | investigations. | ||||||
7 | "Lead training program provider" means any person | ||||||
8 | providing Department-approved lead training in Illinois to | ||||||
9 | individuals seeking licensure in accordance with the Act. | ||||||
10 | "Low risk area" means an area in the State determined by
| ||||||
11 | the Department to be low risk for lead exposure for children 6 | ||||||
12 | years of age or younger. The Department may consider the | ||||||
13 | factors named in "high risk area" to determine low
risk areas. | ||||||
14 | "Owner" means any person, who alone, jointly, or severally | ||||||
15 | with
others:
| ||||||
16 | (a) Has legal title to any regulated facility, with or
| ||||||
17 | without actual possession of the regulated facility, or
| ||||||
18 | (b) Has charge, care, or control of the regulated | ||||||
19 | facility as owner or agent of the owner, or as executor, | ||||||
20 | administrator,
trustee, or guardian of the estate of the | ||||||
21 | owner.
| ||||||
22 | "Person" means any individual, partnership, firm, company, | ||||||
23 | limited liability company, corporation, association, joint | ||||||
24 | stock company, trust, estate, political subdivision, State | ||||||
25 | agency, or any other legal entity, or their legal | ||||||
26 | representative, agent, or assign.
|
| |||||||
| |||||||
1 | "Regulated facility" means a residential building or child | ||||||
2 | care facility. | ||||||
3 | "Residential building" means any room, group of rooms, or | ||||||
4 | other
interior areas of a structure designed or used for human | ||||||
5 | habitation; common
areas accessible by inhabitants; and the | ||||||
6 | surrounding property or structures.
| ||||||
7 | (Source: P.A. 98-690, eff. 1-1-15 .)
| ||||||
8 | Section 30. The Firearm Owners Identification Card Act is | ||||||
9 | amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and | ||||||
10 | 14 and by adding Section 3.4 as follows:
| ||||||
11 | (430 ILCS 65/0.01) (from Ch. 38, par. 83-0.1)
| ||||||
12 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
13 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
14 | Registration Act.
| ||||||
15 | (Source: P.A. 86-1324.)
| ||||||
16 | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| ||||||
17 | Sec. 1. It is hereby declared as a matter of legislative | ||||||
18 | determination that
in order to promote and protect the health, | ||||||
19 | safety and welfare of the
public, it is necessary and in the | ||||||
20 | public interest to provide a system of
identifying persons who | ||||||
21 | are not qualified to acquire or possess firearms, firearm | ||||||
22 | ammunition, stun guns, and tasers within the State of Illinois | ||||||
23 | by the establishment of
a system of Firearm Owner's |
| |||||||
| |||||||
1 | Identification Cards and handgun registration , thereby | ||||||
2 | establishing a
practical and workable system by which law | ||||||
3 | enforcement authorities will be
afforded an opportunity to | ||||||
4 | identify those persons who are prohibited by
Section 24-3.1 of | ||||||
5 | the Criminal Code of 2012, from
acquiring or possessing | ||||||
6 | firearms and firearm ammunition and who are prohibited by this | ||||||
7 | Act from acquiring stun guns and tasers , and to identify the | ||||||
8 | ownership of handguns that have been recovered or seized as | ||||||
9 | evidence .
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
12 | Sec. 1.1. For purposes of this Act:
| ||||||
13 | "Addicted to narcotics" means a person who has been: | ||||||
14 | (1) convicted of an offense involving the use or | ||||||
15 | possession of cannabis, a controlled substance, or | ||||||
16 | methamphetamine within the past year; or | ||||||
17 | (2) determined by the Department of State Police to be | ||||||
18 | addicted to narcotics based upon federal law or federal | ||||||
19 | guidelines. | ||||||
20 | "Addicted to narcotics" does not include possession or use | ||||||
21 | of a prescribed controlled substance under the direction and | ||||||
22 | authority of a physician or other person authorized to | ||||||
23 | prescribe the controlled substance when the controlled | ||||||
24 | substance is used in the prescribed manner. | ||||||
25 | "Adjudicated as a mentally disabled person" means the |
| |||||||
| |||||||
1 | person is the subject of a determination by a court, board, | ||||||
2 | commission or other lawful authority that the person, as a | ||||||
3 | result of marked subnormal intelligence, or mental illness, | ||||||
4 | mental impairment, incompetency, condition, or disease: | ||||||
5 | (1) presents a clear and present danger to himself, | ||||||
6 | herself, or to others; | ||||||
7 | (2) lacks the mental capacity to manage his or her own | ||||||
8 | affairs or is adjudicated a disabled person as defined in | ||||||
9 | Section 11a-2 of the Probate Act of 1975; | ||||||
10 | (3) is not guilty in a criminal case by reason of | ||||||
11 | insanity, mental disease or defect; | ||||||
12 | (3.5) is guilty but mentally ill, as provided in | ||||||
13 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
14 | (4) is incompetent to stand trial in a criminal case; | ||||||
15 | (5) is not guilty by reason of lack of mental | ||||||
16 | responsibility under Articles 50a and 72b of the Uniform | ||||||
17 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
18 | (6) is a sexually violent person under subsection (f) | ||||||
19 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
20 | Act; | ||||||
21 | (7) is a sexually dangerous person under the Sexually | ||||||
22 | Dangerous Persons Act; | ||||||
23 | (8) is unfit to stand trial under the Juvenile Court | ||||||
24 | Act of 1987; | ||||||
25 | (9) is not guilty by reason of insanity under the | ||||||
26 | Juvenile Court Act of 1987; |
| |||||||
| |||||||
1 | (10) is subject to involuntary admission as an | ||||||
2 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
3 | and Developmental Disabilities Code; | ||||||
4 | (11) is subject to involuntary admission as an | ||||||
5 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
6 | Health and Developmental Disabilities Code; | ||||||
7 | (12) is subject to judicial admission as set forth in | ||||||
8 | Section 4-500 of the Mental Health and Developmental | ||||||
9 | Disabilities Code; or | ||||||
10 | (13) is subject to the provisions of the Interstate | ||||||
11 | Agreements on Sexually Dangerous Persons Act. | ||||||
12 | "Clear and present danger" means a person who: | ||||||
13 | (1) communicates a serious threat of physical violence | ||||||
14 | against a reasonably identifiable victim or poses a clear | ||||||
15 | and imminent risk of serious physical injury to himself, | ||||||
16 | herself, or another person as determined by a physician, | ||||||
17 | clinical psychologist, or qualified examiner; or | ||||||
18 | (2) demonstrates threatening physical or verbal | ||||||
19 | behavior, such as violent, suicidal, or assaultive | ||||||
20 | threats, actions, or other behavior, as determined by a | ||||||
21 | physician, clinical psychologist, qualified examiner, | ||||||
22 | school administrator, or law enforcement official. | ||||||
23 | "Certificate of handgun registration" means a certificate | ||||||
24 | issued by the Illinois Department of State Police pursuant to | ||||||
25 | Section 3.4 of this Act. | ||||||
26 | "Clinical psychologist" has the meaning provided in |
| |||||||
| |||||||
1 | Section 1-103 of the Mental Health and Developmental | ||||||
2 | Disabilities Code. | ||||||
3 | "Controlled substance" means a controlled substance or | ||||||
4 | controlled substance analog as defined in the Illinois | ||||||
5 | Controlled Substances Act. | ||||||
6 | "Counterfeit" means to copy or imitate, without legal | ||||||
7 | authority, with
intent
to deceive. | ||||||
8 | "Developmentally disabled" means a disability which is | ||||||
9 | attributable to any other condition which results in impairment | ||||||
10 | similar to that caused by an intellectual disability and which | ||||||
11 | requires services similar to those required by intellectually | ||||||
12 | disabled persons. The disability must originate before the age | ||||||
13 | of 18
years, be expected to continue indefinitely, and | ||||||
14 | constitute a substantial handicap. | ||||||
15 | "Federally licensed firearm dealer" means a person who is | ||||||
16 | licensed as a federal firearms dealer under Section 923 of the | ||||||
17 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
18 | "Firearm" means any device, by
whatever name known, which | ||||||
19 | is designed to expel a projectile or projectiles
by the action | ||||||
20 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
21 | however:
| ||||||
22 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
23 | B-B gun which
expels a single globular projectile not | ||||||
24 | exceeding .18 inch in
diameter or which has a maximum | ||||||
25 | muzzle velocity of less than 700 feet
per second;
| ||||||
26 | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
| |||||||
| |||||||
1 | B-B gun which expels breakable paint balls containing | ||||||
2 | washable marking colors;
| ||||||
3 | (2) any device used exclusively for signalling or | ||||||
4 | safety and required or
recommended by the United States | ||||||
5 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
6 | (3) any device used exclusively for the firing of stud | ||||||
7 | cartridges,
explosive rivets or similar industrial | ||||||
8 | ammunition; and
| ||||||
9 | (4) an antique firearm (other than a machine-gun) | ||||||
10 | which, although
designed as a weapon, the Department of | ||||||
11 | State Police finds by reason of
the date of its | ||||||
12 | manufacture, value, design, and other characteristics is
| ||||||
13 | primarily a collector's item and is not likely to be used | ||||||
14 | as a weapon.
| ||||||
15 | "Firearm ammunition" means any self-contained cartridge or | ||||||
16 | shotgun
shell, by whatever name known, which is designed to be | ||||||
17 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
18 | (1) any ammunition exclusively designed for use with a | ||||||
19 | device used
exclusively for signalling or safety and | ||||||
20 | required or recommended by the
United States Coast Guard or | ||||||
21 | the Interstate Commerce Commission; and
| ||||||
22 | (2) any ammunition designed exclusively for use with a | ||||||
23 | stud or rivet
driver or other similar industrial | ||||||
24 | ammunition. | ||||||
25 | "Gun show" means an event or function: | ||||||
26 | (1) at which the sale and transfer of firearms is the |
| |||||||
| |||||||
1 | regular and normal course of business and where 50 or more | ||||||
2 | firearms are displayed, offered, or exhibited for sale, | ||||||
3 | transfer, or exchange; or | ||||||
4 | (2) at which not less than 10 gun show vendors display, | ||||||
5 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
6 | firearms.
| ||||||
7 | "Gun show" includes the entire premises provided for an | ||||||
8 | event or function, including parking areas for the event or | ||||||
9 | function, that is sponsored to facilitate the purchase, sale, | ||||||
10 | transfer, or exchange of firearms as described in this Section.
| ||||||
11 | "Gun show" does not include training or safety classes, | ||||||
12 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
13 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
14 | banquets, raffles, or
any other event where the sale or | ||||||
15 | transfer of firearms is not the primary course of business. | ||||||
16 | "Gun show promoter" means a person who organizes or | ||||||
17 | operates a gun show. | ||||||
18 | "Gun show vendor" means a person who exhibits, sells, | ||||||
19 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
20 | show, regardless of whether the person arranges with a gun show | ||||||
21 | promoter for a fixed location from which to exhibit, sell, | ||||||
22 | offer for sale, transfer, or exchange any firearm. | ||||||
23 | "Handgun" means a firearm designed to be held and fired by | ||||||
24 | the use of a single hand, and includes a combination of parts | ||||||
25 | from which the firearm can be assembled. | ||||||
26 | "Intellectually disabled" means significantly subaverage |
| |||||||
| |||||||
1 | general intellectual functioning which exists concurrently | ||||||
2 | with impairment in adaptive behavior and which originates | ||||||
3 | before the age of 18 years. | ||||||
4 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
5 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
6 | Developmental Disabilities Code. | ||||||
7 | "Mental health facility" means any licensed private | ||||||
8 | hospital or hospital affiliate, institution, or facility, or | ||||||
9 | part thereof, and any facility, or part thereof, operated by | ||||||
10 | the State or a political subdivision thereof which provide | ||||||
11 | treatment of persons with mental illness and includes all | ||||||
12 | hospitals, institutions, clinics, evaluation facilities, | ||||||
13 | mental health centers, colleges, universities, long-term care | ||||||
14 | facilities, and nursing homes, or parts thereof, which provide | ||||||
15 | treatment of persons with mental illness whether or not the | ||||||
16 | primary purpose is to provide treatment of persons with mental | ||||||
17 | illness. | ||||||
18 | "Patient" means: | ||||||
19 | (1) a person who voluntarily receives mental health | ||||||
20 | treatment as an in-patient or resident of any public or | ||||||
21 | private mental health facility, unless the treatment was | ||||||
22 | solely for an alcohol abuse disorder and no other secondary | ||||||
23 | substance abuse disorder or mental illness; or | ||||||
24 | (2) a person who voluntarily receives mental health | ||||||
25 | treatment as an out-patient or is provided services by a | ||||||
26 | public or private mental health facility, and who poses a |
| |||||||
| |||||||
1 | clear and present danger to himself, herself, or to others. | ||||||
2 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
3 | the Mental Health and Developmental Disabilities Code. | ||||||
4 | "Qualified examiner" has the meaning provided in Section | ||||||
5 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
6 | "Sanctioned competitive shooting event" means a shooting | ||||||
7 | contest officially recognized by a national or state shooting | ||||||
8 | sport association, and includes any sight-in or practice | ||||||
9 | conducted in conjunction with the event.
| ||||||
10 | "School administrator" means the person required to report | ||||||
11 | under the School Administrator Reporting of Mental Health Clear | ||||||
12 | and Present Danger Determinations Law. | ||||||
13 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
14 | Section 24-1 of the Criminal Code of 2012. | ||||||
15 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
16 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.) | ||||||
17 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
18 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
19 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
20 | firearm ammunition, stun gun, or taser to any person within | ||||||
21 | this State unless the
transferee with whom he deals displays a | ||||||
22 | currently valid Firearm Owner's
Identification Card which has | ||||||
23 | previously been issued in his name by the
Department of State | ||||||
24 | Police under the provisions of this Act. In addition,
all | ||||||
25 | firearm, stun gun, and taser transfers by federally licensed |
| |||||||
| |||||||
1 | firearm dealers are subject
to Section 3.1. In addition, the | ||||||
2 | transferor and transferee of a handgun shall be subject to | ||||||
3 | Section 3.4 of this Act regardless of whether the transferor is | ||||||
4 | a federally licensed firearm dealer. | ||||||
5 | (a-5) Any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm while that | ||||||
7 | person is on the grounds of a gun show must, before selling or | ||||||
8 | transferring the firearm, request the Department of State | ||||||
9 | Police to conduct a background check on the prospective | ||||||
10 | recipient of the firearm in accordance with Section 3.1.
| ||||||
11 | Whenever a person who is exempt from Section 3.4 of this Act | ||||||
12 | transfers a handgun to a person who is not exempt, the | ||||||
13 | transferor shall notify the Department of State Police of the | ||||||
14 | transfer, on a form or in a manner prescribed by the | ||||||
15 | Department, within 10 days after the transfer. | ||||||
16 | (a-10) Any person who is not a federally licensed firearm | ||||||
17 | dealer and who desires to transfer or sell a firearm or | ||||||
18 | firearms to any person who is not a federally licensed firearm | ||||||
19 | dealer shall, before selling or transferring the firearms, | ||||||
20 | contact the Department of State Police with the transferee's or | ||||||
21 | purchaser's Firearm Owner's Identification Card number to | ||||||
22 | determine the validity of the transferee's or purchaser's | ||||||
23 | Firearm Owner's Identification Card. This subsection shall not | ||||||
24 | be effective until January 1, 2014. The Department of State | ||||||
25 | Police may adopt rules concerning the implementation of this | ||||||
26 | subsection. The Department of State Police shall provide the |
| |||||||
| |||||||
1 | seller or transferor an approval number if the purchaser's | ||||||
2 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
3 | by the Department for the purchase of a firearm pursuant to | ||||||
4 | this subsection are valid for 30 days from the date of issue. | ||||||
5 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
6 | do not apply to: | ||||||
7 | (1) transfers that occur at the place of business of a | ||||||
8 | federally licensed firearm dealer, if the federally | ||||||
9 | licensed firearm dealer conducts a background check on the | ||||||
10 | prospective recipient of the firearm in accordance with | ||||||
11 | Section 3.1 of this Act and follows all other applicable | ||||||
12 | federal, State, and local laws as if he or she were the | ||||||
13 | seller or transferor of the firearm, although the dealer is | ||||||
14 | not required to accept the firearm into his or her | ||||||
15 | inventory. The purchaser or transferee may be required by | ||||||
16 | the federally licensed firearm dealer to pay a fee not to | ||||||
17 | exceed $10 per firearm, which the dealer may retain as | ||||||
18 | compensation for performing the functions required under | ||||||
19 | this paragraph, plus the applicable fees authorized by | ||||||
20 | Section 3.1; | ||||||
21 | (2) transfers as a bona fide gift to the transferor's | ||||||
22 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
23 | father, mother, stepfather, stepmother, brother, sister, | ||||||
24 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
25 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
26 | son-in-law, or daughter-in-law; |
| |||||||
| |||||||
1 | (3) transfers by persons acting pursuant to operation | ||||||
2 | of law or a court order; | ||||||
3 | (4) transfers on the grounds of a gun show under | ||||||
4 | subsection (a-5) of this Section; | ||||||
5 | (5) the delivery of a firearm by its owner to a | ||||||
6 | gunsmith for service or repair, the return of the firearm | ||||||
7 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
8 | by a gunsmith to a federally licensed firearms dealer for | ||||||
9 | service or repair and the return of the firearm to the | ||||||
10 | gunsmith; | ||||||
11 | (6) temporary transfers that occur while in the home of | ||||||
12 | the unlicensed transferee, if the unlicensed transferee is | ||||||
13 | not otherwise prohibited from possessing firearms and the | ||||||
14 | unlicensed transferee reasonably believes that possession | ||||||
15 | of the firearm is necessary to prevent imminent death or | ||||||
16 | great bodily harm to the unlicensed transferee; | ||||||
17 | (7) transfers to a law enforcement or corrections | ||||||
18 | agency or a law enforcement or corrections officer acting | ||||||
19 | within the course and scope of his or her official duties; | ||||||
20 | (8) transfers of firearms that have been rendered | ||||||
21 | permanently inoperable to a nonprofit historical society, | ||||||
22 | museum, or institutional collection; and | ||||||
23 | (9) transfers to a person who is exempt from the | ||||||
24 | requirement of possessing a Firearm Owner's Identification | ||||||
25 | Card under Section 2 of this Act. | ||||||
26 | (a-20) The Department of State Police shall develop an |
| |||||||
| |||||||
1 | Internet-based system for individuals to determine the | ||||||
2 | validity of a Firearm Owner's Identification Card prior to the | ||||||
3 | sale or transfer of a firearm. The Department shall have the | ||||||
4 | Internet-based system completed and available for use by July | ||||||
5 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
6 | this Section to implement this system. | ||||||
7 | (b) Any person within this State who transfers or causes to | ||||||
8 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
9 | record of such transfer for a period
of 10 years from the date | ||||||
10 | of transfer. Such record shall contain the date
of the | ||||||
11 | transfer; the description, serial number or other information
| ||||||
12 | identifying the firearm, stun gun, or taser if no serial number | ||||||
13 | is available; and, if the
transfer was completed within this | ||||||
14 | State, the transferee's Firearm Owner's
Identification Card | ||||||
15 | number and any approval number or documentation provided by the | ||||||
16 | Department of State Police pursuant to subsection (a-10) of | ||||||
17 | this Section. On or after January 1, 2006, the record shall | ||||||
18 | contain the date of application for transfer of the firearm. On | ||||||
19 | demand of a peace officer such transferor
shall produce for | ||||||
20 | inspection such record of transfer. If the transfer or sale | ||||||
21 | took place at a gun show, the record shall include the unique | ||||||
22 | identification number. Failure to record the unique | ||||||
23 | identification number or approval number is a petty offense.
| ||||||
24 | (b-5) Any resident may purchase ammunition from a person | ||||||
25 | within or outside of Illinois if shipment is by United States | ||||||
26 | mail or by a private express carrier authorized by federal law |
| |||||||
| |||||||
1 | to ship ammunition. Any resident purchasing ammunition within | ||||||
2 | or outside the State of Illinois must provide the seller with a | ||||||
3 | copy of his or her valid Firearm Owner's Identification Card | ||||||
4 | and either his or her Illinois driver's license or Illinois | ||||||
5 | State Identification Card prior to the shipment of the | ||||||
6 | ammunition. The ammunition may be shipped only to an address on | ||||||
7 | either of those 2 documents. | ||||||
8 | (c) The provisions of this Section regarding the transfer | ||||||
9 | of firearm
ammunition shall not apply to those persons | ||||||
10 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
11 | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
| ||||||
12 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
13 | Sec. 3.1. Dial up system. | ||||||
14 | (a) The Department of State Police shall provide
a dial up | ||||||
15 | telephone system or utilize other existing technology which | ||||||
16 | shall be used by any federally licensed
firearm dealer, gun | ||||||
17 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
18 | stun gun, or taser under the provisions of this
Act. The | ||||||
19 | Department of State Police may utilize existing technology | ||||||
20 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
21 | Fees collected by the Department of
State Police shall be | ||||||
22 | deposited in the State Police Services Fund and used
to provide | ||||||
23 | the service.
| ||||||
24 | (b) Upon receiving a request from a federally licensed | ||||||
25 | firearm dealer, gun show promoter, or gun show vendor, the
|
| |||||||
| |||||||
1 | Department of State Police shall immediately approve, or within | ||||||
2 | the time
period established by Section 24-3 of the Criminal | ||||||
3 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
4 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
5 | show vendor of any objection that
would disqualify the | ||||||
6 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
7 | taser. In
conducting the inquiry, the Department of State | ||||||
8 | Police shall initiate and
complete an automated search of its | ||||||
9 | criminal history record information
files and those of the | ||||||
10 | Federal Bureau of Investigation, including the
National | ||||||
11 | Instant Criminal Background Check System, and of the files of
| ||||||
12 | the Department of Human Services relating to mental health and
| ||||||
13 | developmental disabilities to obtain
any felony conviction or | ||||||
14 | patient hospitalization information which would
disqualify a | ||||||
15 | person from obtaining or require revocation of a currently
| ||||||
16 | valid Firearm Owner's Identification Card. | ||||||
17 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
18 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
19 | Department of State Police shall: | ||||||
20 | (1) assign a unique identification number to the | ||||||
21 | transfer; and | ||||||
22 | (2) provide the licensee, gun show promoter, or gun | ||||||
23 | show vendor with the number. | ||||||
24 | (d) Approvals issued by the Department of State Police for | ||||||
25 | the purchase of a firearm are valid for 30 days from the date | ||||||
26 | of issue.
|
| |||||||
| |||||||
1 | (e) (1) The Department of State Police must act as the | ||||||
2 | Illinois Point of Contact
for the National Instant Criminal | ||||||
3 | Background Check System. | ||||||
4 | (2) The Department of State Police and the Department of | ||||||
5 | Human Services shall, in accordance with State and federal law | ||||||
6 | regarding confidentiality, enter into a memorandum of | ||||||
7 | understanding with the Federal Bureau of Investigation for the | ||||||
8 | purpose of implementing the National Instant Criminal | ||||||
9 | Background Check System in the State. The Department of State | ||||||
10 | Police shall report the name, date of birth, and physical | ||||||
11 | description of any person prohibited from possessing a firearm | ||||||
12 | pursuant to the Firearm Owners Identification Card and | ||||||
13 | Certificate of Handgun Registration Act or 18 U.S.C. 922(g) and | ||||||
14 | (n) to the National Instant Criminal Background Check System | ||||||
15 | Index, Denied Persons Files.
The Department of State Police | ||||||
16 | shall implement a program to distribute grant moneys, with | ||||||
17 | funds appropriated for that purpose, to units of local | ||||||
18 | government to facilitate participation in the National Instant | ||||||
19 | Criminal Background Check System by their enforcement | ||||||
20 | agencies.
| ||||||
21 | (3) The Department of State Police shall provide notice of | ||||||
22 | the disqualification of a person under subsection (b) of this | ||||||
23 | Section or the revocation of a person's Firearm Owner's | ||||||
24 | Identification Card under Section 8 of this Act, and the reason | ||||||
25 | for the disqualification or revocation, to all law enforcement | ||||||
26 | agencies with jurisdiction to assist with the seizure of the |
| |||||||
| |||||||
1 | person's Firearm Owner's Identification Card. | ||||||
2 | (f) The Department of State Police shall adopt rules not | ||||||
3 | inconsistent with this Section to implement this
system.
| ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.) | ||||||
5 | (430 ILCS 65/3.4 new) | ||||||
6 | Sec. 3.4. Certificate of handgun registration. | ||||||
7 | (a) No person shall transport or possess a handgun in this | ||||||
8 | State without a certificate of handgun registration issued for | ||||||
9 | that handgun by the Department of State Police. | ||||||
10 | (b) The provisions of this Section prohibiting a person | ||||||
11 | from transporting or possessing a handgun without a certificate | ||||||
12 | of handgun registration do not apply to the following persons: | ||||||
13 | (1) any person who is exempt from the Firearm Owners | ||||||
14 | Identification Card Act requirements pursuant to | ||||||
15 | subsection (b) of Section 2 of this Act; | ||||||
16 | (2) any person who is exempt from the Firearm Owners | ||||||
17 | Identification Card Act requirements pursuant to | ||||||
18 | subsection (c) of Section 2 of this Act; | ||||||
19 | (3) a certified member of the Illinois Firearms | ||||||
20 | Manufacturers Association; and | ||||||
21 | (4) a federally licensed firearm dealer holding a new | ||||||
22 | handgun for transfer or sale. | ||||||
23 | (c) An applicant for an original or transferred certificate | ||||||
24 | of handgun registration shall submit an application to the | ||||||
25 | Department, prepared and furnished at convenient locations |
| |||||||
| |||||||
1 | throughout the State or by electronic means. The application | ||||||
2 | shall request the following information from the applicant: | ||||||
3 | (1) the applicant's name, address, and telephone | ||||||
4 | number; | ||||||
5 | (2) a copy of the applicant's Illinois Firearm Owner's | ||||||
6 | Identification Card; | ||||||
7 | (3) the name of the manufacturer, the caliber or gauge, | ||||||
8 | the model, the type, and the serial number identification | ||||||
9 | of the handgun to be registered; | ||||||
10 | (4) the source from which the handgun was obtained, | ||||||
11 | including the name and address of the source; | ||||||
12 | (5) the date the handgun was acquired; | ||||||
13 | (6) any other information that the Department shall | ||||||
14 | find reasonably necessary or desirable to effectuate the | ||||||
15 | purposes of this Act and to arrive at a fair determination | ||||||
16 | as to whether the terms of this Act have been complied | ||||||
17 | with; and | ||||||
18 | (7) an affidavit signed by the applicant certifying | ||||||
19 | that the applicant: | ||||||
20 | (A) possesses a valid Firearm Owner's | ||||||
21 | Identification Card; | ||||||
22 | (B) as of the date of application, would still be | ||||||
23 | eligible to receive a Firearm Owner's Identification | ||||||
24 | Card from the Department. | ||||||
25 | (d) Any person who transports or possesses a handgun | ||||||
26 | without a current certificate of handgun registration is guilty |
| |||||||
| |||||||
1 | of a Class 2 felony. Any person who knowingly enters false or | ||||||
2 | misleading information or who submits false or misleading | ||||||
3 | evidence in connection with the application described in | ||||||
4 | subsection (c) of this Section is guilty of a Class 2 felony. | ||||||
5 | Any person who knows or should know that his or her registered | ||||||
6 | handgun is lost, stolen, missing, or destroyed but does not | ||||||
7 | report that occurrence to local law enforcement is guilty of a | ||||||
8 | Class A misdemeanor. Any person who sells, transfers, or | ||||||
9 | otherwise disposes of his or her registered handgun and does | ||||||
10 | not notify the Department of that sale, transfer, or | ||||||
11 | disposition within the timelines in this Act is guilty of a | ||||||
12 | Class A misdemeanor. Any federally licensed dealer who does not | ||||||
13 | submit an application on behalf of a purchaser in accordance | ||||||
14 | with subsection (k-5) of this Section is guilty of a Class A | ||||||
15 | misdemeanor. | ||||||
16 | (e) The Department shall issue an original or transferred | ||||||
17 | certificate of registration or shall issue a written denial of | ||||||
18 | the application within 30 days after the application is | ||||||
19 | received. | ||||||
20 | (e-5) There is created in the State treasury the Handgun | ||||||
21 | Certificate Administration Fund to be used by the Department of | ||||||
22 | State Police for the administration of handgun registration as | ||||||
23 | required by this Act. | ||||||
24 | (f) A nonrefundable application fee of $20 shall be payable | ||||||
25 | for each original or transferred certificate of handgun | ||||||
26 | registration. All moneys received from this $20 fee shall be |
| |||||||
| |||||||
1 | deposited as follows: | ||||||
2 | (1) $10 to the Handgun Certificate Administration Fund | ||||||
3 | for the administration of handgun registration; | ||||||
4 | (2) $5 to the Illinois LEADS Information and Technology | ||||||
5 | Improvement Fund; and | ||||||
6 | (3) $5 to the National Instant Criminal Background | ||||||
7 | Check System Improvement Fund. | ||||||
8 | (g) A nonrefundable fee of $10 shall be payable for each | ||||||
9 | duplicate or replacement certificate of handgun registration. | ||||||
10 | All moneys received from this $10 fee shall be deposited into | ||||||
11 | the Handgun Certificate Administration Fund for the | ||||||
12 | administration of handgun registration. | ||||||
13 | (h) Certificates of handgun registration shall expire | ||||||
14 | every 5 years. The fee for renewal of a certificate of handgun | ||||||
15 | registration is $10. All moneys received from this $10 fee | ||||||
16 | shall be deposited into the Handgun Certificate Administration | ||||||
17 | Fund for the administration of handgun registration. | ||||||
18 | (i) Every person issued a certificate of handgun | ||||||
19 | registration shall notify local law enforcement within 72 hours | ||||||
20 | when: | ||||||
21 | (1) the person knows, or should have known, that his or | ||||||
22 | her handgun is lost, stolen, destroyed, or otherwise | ||||||
23 | missing; or | ||||||
24 | (2) the person knows, or should have known, that his or | ||||||
25 | her certificate of handgun registration is lost, stolen, | ||||||
26 | destroyed, or otherwise missing. |
| |||||||
| |||||||
1 | (i-5) Every person issued a certificate of handgun | ||||||
2 | registration shall notify the Department in a manner prescribed | ||||||
3 | by the Department within 72 hours of any of the following | ||||||
4 | events: | ||||||
5 | (1) a change in any of the information appearing on the | ||||||
6 | certificate of handgun registration; | ||||||
7 | (2) the sale, transfer, inheritance, or other | ||||||
8 | disposition of the registered handgun. | ||||||
9 | (j) Every person issued a certificate of handgun | ||||||
10 | registration, in addition to any other requirements of this | ||||||
11 | Section, shall immediately return to the Department his or her | ||||||
12 | copy of the certificate of handgun registration for any handgun | ||||||
13 | which is lost, stolen, destroyed, or otherwise disposed of. | ||||||
14 | (k) If an owner transfers ownership of a handgun, he or she | ||||||
15 | shall execute to the transferee, at the time of the delivery of | ||||||
16 | the handgun, an assignment of registration in the space | ||||||
17 | provided on the certificate of handgun registration, and shall | ||||||
18 | cause the certificate and assignment to be delivered to the | ||||||
19 | transferee. | ||||||
20 | (k-5) In the case of a federally licensed firearm dealer | ||||||
21 | making a sale of a new handgun, the dealer shall submit the | ||||||
22 | application described in subsection (c) of this Section along | ||||||
23 | with the required fee to the Department on the purchaser's | ||||||
24 | behalf within 20 days from the date of sale. If the purchaser | ||||||
25 | does not receive an original certificate of handgun | ||||||
26 | registration or a written denial of the application submitted |
| |||||||
| |||||||
1 | on his or her behalf by the dealer within 50 days from the date | ||||||
2 | of purchase, the purchaser shall inquire to the Department | ||||||
3 | regarding the status of his or her application. | ||||||
4 | (l) Within 20 days after the delivery to a transferee of a | ||||||
5 | handgun or the delivery of the certificate and assignment, | ||||||
6 | whichever occurs sooner, the transferee shall execute the | ||||||
7 | application for a new certificate of handgun registration in | ||||||
8 | the space provided on the certificate and cause the certificate | ||||||
9 | and application to be mailed or delivered to the Department. | ||||||
10 | (m) No transferee shall knowingly accept ownership of a | ||||||
11 | handgun from a transferor who has failed to obtain a | ||||||
12 | certificate of handgun registration in violation of this | ||||||
13 | Section, or who fails to execute an assignment of registration | ||||||
14 | to the transferee as required by subsection (k) of this | ||||||
15 | Section. | ||||||
16 | (n) Any person who accepts delivery of a handgun that has | ||||||
17 | not been previously registered and assigned to the transferee | ||||||
18 | shall file an application for an original certificate of | ||||||
19 | handgun registration within 20 days after taking possession of | ||||||
20 | the handgun. Any person who owns a handgun on the effective | ||||||
21 | date of this amendatory Act of the 99th General Assembly shall | ||||||
22 | file an application for an original certificate of handgun | ||||||
23 | registration not later than 90 days after the effective date of | ||||||
24 | this amendatory Act of the 99th General Assembly. | ||||||
25 | (o) Transfer of ownership of a registered handgun shall not | ||||||
26 | be considered complete until the transferee has complied with |
| |||||||
| |||||||
1 | subsection (l) of this Section, provided that a transferor who | ||||||
2 | has complied with subsections (i) and (k) of this Section, and | ||||||
3 | has complied with the requirements of Section 3 and 3.1, if | ||||||
4 | applicable, shall not be liable as an owner by virtue of the | ||||||
5 | transferee's failure to comply with subsection (l) for damages | ||||||
6 | arising out of use of the handgun. | ||||||
7 | (p) The Department has authority to deny an application for | ||||||
8 | or to revoke and seize a certificate of handgun registration | ||||||
9 | previously issued under this Section if the Department finds | ||||||
10 | that: | ||||||
11 | (1) the person does not possess a valid Firearm Owner's | ||||||
12 | Identification Card; | ||||||
13 | (2) false or misleading information was submitted to | ||||||
14 | the Department in connection with the application; or | ||||||
15 | (3) the handgun is unlawful for the applicant to own. | ||||||
16 | (q) The Department of State Police and local law | ||||||
17 | enforcement may exchange any information that is necessary for | ||||||
18 | the proper administration of this Section unless the exchange | ||||||
19 | is specifically prohibited by State or federal law. | ||||||
20 | (r) Whenever an application for a Certificate of Handgun | ||||||
21 | Registration is denied, whenever the Department fails to act on | ||||||
22 | an application within 30 days of its receipt, or whenever such | ||||||
23 | a certificate is revoked or seized, the aggrieved party may | ||||||
24 | appeal to the Director of the Department of State Police for a | ||||||
25 | hearing upon such denial, failure to act, revocation or | ||||||
26 | seizure, unless the denial, failure to act, revocation, or |
| |||||||
| |||||||
1 | seizure was based upon a forcible felony, stalking, aggravated | ||||||
2 | stalking, domestic battery, any violation of the Illinois | ||||||
3 | Controlled Substances Act, the Methamphetamine Control and | ||||||
4 | Community Protection Act, or the Cannabis Control Act that is | ||||||
5 | classified as a Class 2 or greater felony, any felony violation | ||||||
6 | of Article 24 of the Criminal Code of 2012, or any adjudication | ||||||
7 | as a delinquent minor for the commission of an offense that if | ||||||
8 | committed by an adult would be a felony, in which case the | ||||||
9 | aggrieved party may petition the circuit court in writing in | ||||||
10 | the county of his or her residence for a hearing upon such | ||||||
11 | denial, failure to act, revocation, or seizure. | ||||||
12 | (1) At least 30 days before any hearing in the circuit | ||||||
13 | court, the petitioner shall serve the relevant State's | ||||||
14 | Attorney with a copy of the petition. The State's Attorney | ||||||
15 | may object to the petition and present evidence. At the | ||||||
16 | hearing the court shall determine whether substantial | ||||||
17 | justice has been done. Should the court determine that | ||||||
18 | substantial justice has not been done, the court shall | ||||||
19 | issue an order directing the Department of State Police to | ||||||
20 | issue a Certificate. | ||||||
21 | (2) Any person prohibited from possessing a firearm | ||||||
22 | under Sections 24-1.1 or 24-3.1 of the Criminal Code of | ||||||
23 | 2012 or acquiring a Certificate of Handgun Registration | ||||||
24 | under Section 3.4 of this Act may apply to the Director of | ||||||
25 | the Department of State Police or petition the circuit | ||||||
26 | court in the county where the petitioner resides, whichever |
| |||||||
| |||||||
1 | is applicable in accordance with this subsection (r), | ||||||
2 | requesting relief from such prohibition and the Director or | ||||||
3 | court may grant such relief if it is established by the | ||||||
4 | applicant to the court's or Director's satisfaction that: | ||||||
5 | (A) when in the circuit court, the State's Attorney | ||||||
6 | has been served with a written copy of the petition at | ||||||
7 | least 30 days before any such hearing in the circuit | ||||||
8 | court and at the hearing the State's Attorney was | ||||||
9 | afforded an opportunity to present evidence and object | ||||||
10 | to the petition; | ||||||
11 | (B) the applicant has not been convicted of a | ||||||
12 | forcible felony under the laws of this State or any | ||||||
13 | other jurisdiction within 20 years of the applicant's | ||||||
14 | application for a Firearm Owner's Identification Card, | ||||||
15 | or at least 20 years have passed since the end of any | ||||||
16 | period of imprisonment imposed in relation to that | ||||||
17 | conviction; | ||||||
18 | (C) the circumstances regarding a criminal | ||||||
19 | conviction, where applicable, the applicant's criminal | ||||||
20 | history and his reputation are such that the applicant | ||||||
21 | will not be likely to act in a manner dangerous to | ||||||
22 | public safety; and | ||||||
23 | (D) granting relief would not be contrary to the | ||||||
24 | public interest. | ||||||
25 | (3) When a minor is adjudicated delinquent for an | ||||||
26 | offense which if committed by an adult would be a felony, |
| |||||||
| |||||||
1 | the court shall notify the Department of State Police. | ||||||
2 | (4) The court shall review the denial of an application | ||||||
3 | or the revocation of a Certificate of Handgun Registration | ||||||
4 | of a person who has been adjudicated delinquent for an | ||||||
5 | offense that if committed by an adult would be a felony if | ||||||
6 | an application for relief has been filed at least 10 years | ||||||
7 | after the adjudication of delinquency and the court | ||||||
8 | determines that the applicant should be granted relief from | ||||||
9 | disability to obtain a Certificate of Handgun | ||||||
10 | Registration. If the court grants relief, the court shall | ||||||
11 | notify the Department of State Police that the disability | ||||||
12 | has been removed and that the applicant is eligible to | ||||||
13 | obtain a Certificate of Handgun Registration. | ||||||
14 | (5) Any person who is prohibited from possessing a | ||||||
15 | firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the | ||||||
16 | federal Gun Control Act of 1968 may apply to the Department | ||||||
17 | of State Police requesting relief from such prohibition and | ||||||
18 | the Director shall grant such relief if it is established | ||||||
19 | to the Director's satisfaction that the person will not be | ||||||
20 | likely to act in a manner dangerous to public safety and | ||||||
21 | granting relief would not be contrary to the public | ||||||
22 | interest. | ||||||
23 | (s) Notwithstanding any other provision of law, including | ||||||
24 | the Freedom of Information Act, it is the public policy of this | ||||||
25 | State that the names and information of people who have applied | ||||||
26 | for or received certificates of handgun registration under this |
| |||||||
| |||||||
1 | Section are considered private and shall not be disclosed. No | ||||||
2 | State or local law enforcement agency shall provide the names | ||||||
3 | and information of holders of or applicants for certificates of | ||||||
4 | handgun registration, except that the Department may provide | ||||||
5 | confirmation that an individual has or has not been issued, | ||||||
6 | applied for, or denied a certificate of handgun registration in | ||||||
7 | connection with a criminal investigation.
| ||||||
8 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
9 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
10 | Identification Card must:
| ||||||
11 | (1) Make application on blank forms prepared and | ||||||
12 | furnished at convenient
locations throughout the State by | ||||||
13 | the Department of State Police, or by
electronic means, if | ||||||
14 | and when made available by the Department of State
Police; | ||||||
15 | and
| ||||||
16 | (2) Submit evidence to the Department of State Police | ||||||
17 | that:
| ||||||
18 | (i) He or she is 21 years of age or over, or if he | ||||||
19 | or she is under 21
years of age that he or she has the | ||||||
20 | written consent of his or her parent or
legal guardian | ||||||
21 | to possess and acquire firearms and firearm ammunition | ||||||
22 | and that
he or she has never been convicted of a | ||||||
23 | misdemeanor other than a traffic
offense or adjudged
| ||||||
24 | delinquent, provided, however, that such parent or | ||||||
25 | legal guardian is not an
individual prohibited from |
| |||||||
| |||||||
1 | having a Firearm Owner's Identification Card and
files | ||||||
2 | an affidavit with the Department as prescribed by the | ||||||
3 | Department
stating that he or she is not an individual | ||||||
4 | prohibited from having a Card;
| ||||||
5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
| ||||||
7 | (iii) He or she is not addicted to narcotics;
| ||||||
8 | (iv) He or she has not been a patient in a mental | ||||||
9 | health facility within
the past 5 years or, if he or | ||||||
10 | she has been a patient in a mental health facility more | ||||||
11 | than 5 years ago submit the certification required | ||||||
12 | under subsection (u) of Section 8 of this Act;
| ||||||
13 | (v) He or she is not intellectually disabled;
| ||||||
14 | (vi) He or she is not an alien who is unlawfully | ||||||
15 | present in the
United States under the laws of the | ||||||
16 | United States;
| ||||||
17 | (vii) He or she is not subject to an existing order | ||||||
18 | of protection
prohibiting him or her from possessing a | ||||||
19 | firearm;
| ||||||
20 | (viii) He or she has not been convicted within the | ||||||
21 | past 5 years of
battery, assault, aggravated assault, | ||||||
22 | violation of an order of
protection, or a substantially | ||||||
23 | similar offense in another jurisdiction, in
which a | ||||||
24 | firearm was used or possessed;
| ||||||
25 | (ix) He or she has not been convicted of domestic | ||||||
26 | battery, aggravated domestic battery, or a
|
| |||||||
| |||||||
1 | substantially similar offense in another
jurisdiction | ||||||
2 | committed before, on or after January 1, 2012 (the | ||||||
3 | effective date of Public Act 97-158). If the applicant | ||||||
4 | knowingly and intelligently waives the right to have an | ||||||
5 | offense described in this clause (ix) tried by a jury, | ||||||
6 | and by guilty plea or otherwise, results in a | ||||||
7 | conviction for an offense in which a domestic | ||||||
8 | relationship is not a required element of the offense | ||||||
9 | but in which a determination of the applicability of 18 | ||||||
10 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
11 | Code of Criminal Procedure of 1963, an entry by the | ||||||
12 | court of a judgment of conviction for that offense | ||||||
13 | shall be grounds for denying the issuance of a Firearm | ||||||
14 | Owner's Identification Card under this Section;
| ||||||
15 | (x) (Blank);
| ||||||
16 | (xi) He or she is not an alien who has been | ||||||
17 | admitted to the United
States under a non-immigrant | ||||||
18 | visa (as that term is defined in Section
101(a)(26) of | ||||||
19 | the Immigration and Nationality Act (8 U.S.C. | ||||||
20 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
21 | been lawfully admitted to the United
States under a | ||||||
22 | non-immigrant visa if that alien is:
| ||||||
23 | (1) admitted to the United States for lawful | ||||||
24 | hunting or sporting
purposes;
| ||||||
25 | (2) an official representative of a foreign | ||||||
26 | government who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States | ||||||
2 | Government or the Government's
mission to an | ||||||
3 | international organization having its | ||||||
4 | headquarters in the United
States; or
| ||||||
5 | (B) en route to or from another country to | ||||||
6 | which that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign
visitor who has been so | ||||||
9 | designated by the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a | ||||||
11 | friendly foreign
government entering the United | ||||||
12 | States on official business; or
| ||||||
13 | (5) one who has received a waiver from the | ||||||
14 | Attorney General of the
United States pursuant to | ||||||
15 | 18 U.S.C. 922(y)(3);
| ||||||
16 | (xii) He or she is not a minor subject to a | ||||||
17 | petition filed
under Section 5-520 of the Juvenile | ||||||
18 | Court Act of 1987 alleging that the
minor is a | ||||||
19 | delinquent minor for the commission of an offense that | ||||||
20 | if
committed by an adult would be a felony;
| ||||||
21 | (xiii) He or she is not an adult who had been | ||||||
22 | adjudicated a delinquent
minor under the Juvenile | ||||||
23 | Court Act of 1987 for the commission of an offense
that | ||||||
24 | if committed by an adult would be a felony;
| ||||||
25 | (xiv) He or she is a resident of the State of | ||||||
26 | Illinois; |
| |||||||
| |||||||
1 | (xv) He or she has not been adjudicated as a | ||||||
2 | mentally disabled person; | ||||||
3 | (xvi) He or she has not been involuntarily admitted | ||||||
4 | into a mental health facility; and | ||||||
5 | (xvii) He or she is not developmentally disabled; | ||||||
6 | and
| ||||||
7 | (3) Upon request by the Department of State Police, | ||||||
8 | sign a release on a
form prescribed by the Department of | ||||||
9 | State Police waiving any right to
confidentiality and | ||||||
10 | requesting the disclosure to the Department of State Police
| ||||||
11 | of limited mental health institution admission information | ||||||
12 | from another state,
the District of Columbia, any other | ||||||
13 | territory of the United States, or a
foreign nation | ||||||
14 | concerning the applicant for the sole purpose of | ||||||
15 | determining
whether the applicant is or was a patient in a | ||||||
16 | mental health institution and
disqualified because of that | ||||||
17 | status from receiving a Firearm Owner's
Identification | ||||||
18 | Card. No mental health care or treatment records may be
| ||||||
19 | requested. The information received shall be destroyed | ||||||
20 | within one year of
receipt.
| ||||||
21 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
22 | Card who is over
the age of 18 shall furnish to the Department | ||||||
23 | of State Police either his or
her Illinois driver's license | ||||||
24 | number or Illinois Identification Card number, except as
| ||||||
25 | provided in subsection (a-10).
| ||||||
26 | (a-10) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card,
who is employed as a law enforcement officer, an armed | ||||||
2 | security officer in Illinois, or by the United States Military
| ||||||
3 | permanently assigned in Illinois and who is not an Illinois | ||||||
4 | resident, shall furnish to
the Department of State Police his | ||||||
5 | or her driver's license number or state
identification card | ||||||
6 | number from his or her state of residence. The Department
of | ||||||
7 | State Police may adopt rules to enforce the provisions of this
| ||||||
8 | subsection (a-10).
| ||||||
9 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
10 | Identification Card moves from the residence address named in | ||||||
11 | the application, he or she shall immediately notify in a form | ||||||
12 | and manner prescribed by the Department of State Police of that | ||||||
13 | change of address. | ||||||
14 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card shall furnish to the Department of State Police his or her | ||||||
16 | photograph. An applicant who is 21 years of age or older | ||||||
17 | seeking a religious exemption to the photograph requirement | ||||||
18 | must furnish with the application an approved copy of United | ||||||
19 | States Department of the Treasury Internal Revenue Service Form | ||||||
20 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
21 | seeking a religious exemption to the photograph requirement | ||||||
22 | shall submit fingerprints on a form and manner prescribed by | ||||||
23 | the Department with his or her application. | ||||||
24 | (b) Each application form shall include the following | ||||||
25 | statement printed in
bold type: "Warning: Entering false | ||||||
26 | information on an application for a Firearm
Owner's |
| |||||||
| |||||||
1 | Identification Card is punishable as a Class 2 felony in | ||||||
2 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
3 | Owners Identification Card and Certificate of Handgun | ||||||
4 | Registration
Act.".
| ||||||
5 | (c) Upon such written consent, pursuant to Section 4, | ||||||
6 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
7 | consent shall be liable for any
damages resulting from the | ||||||
8 | applicant's use of firearms or firearm ammunition.
| ||||||
9 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
10 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
11 | 98-63, eff. 7-9-13.)
| ||||||
12 | (430 ILCS 65/6.1)
| ||||||
13 | Sec. 6.1.
Altered, forged or counterfeit Firearm Owner's | ||||||
14 | Identification
Cards.
| ||||||
15 | (a) Any person who forges or materially alters a Firearm | ||||||
16 | Owner's
Identification Card or certificate of handgun | ||||||
17 | registration or
who counterfeits a Firearm Owner's | ||||||
18 | Identification Card or certificate of handgun registration | ||||||
19 | commits a Class 2
felony.
| ||||||
20 | (b) Any person who knowingly possesses a forged or | ||||||
21 | materially altered
Firearm
Owner's Identification Card or | ||||||
22 | certificate of handgun registration with the intent to use it | ||||||
23 | commits a Class 2 felony.
A person
who possesses a Firearm | ||||||
24 | Owner's Identification Card or certificate of handgun | ||||||
25 | registration with knowledge that it is
counterfeit
commits a |
| |||||||
| |||||||
1 | Class 2 felony.
| ||||||
2 | (Source: P.A. 92-414, eff. 1-1-02.)
| ||||||
3 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
4 | Sec. 14. Sentence.
| ||||||
5 | (a) Except as provided in subsection (a-5), a violation of | ||||||
6 | paragraph (1) of subsection (a) of Section 2, when the
person's | ||||||
7 | Firearm Owner's
Identification Card is expired but the person | ||||||
8 | is not otherwise disqualified
from renewing the card, is a | ||||||
9 | Class A misdemeanor.
| ||||||
10 | (a-5) A violation of paragraph (1) of subsection (a) of | ||||||
11 | Section 2, when the
person's Firearm Owner's
Identification | ||||||
12 | Card is expired but the person is not otherwise disqualified
| ||||||
13 | from owning, purchasing, or possessing firearms, is a petty | ||||||
14 | offense if the card was expired for 6 months or less from the | ||||||
15 | date of expiration. | ||||||
16 | (b) Except as provided in subsection (a) with respect to an | ||||||
17 | expired
card, a violation of paragraph (1) of subsection (a) of | ||||||
18 | Section 2 is a
Class A misdemeanor when the person does not | ||||||
19 | possess a currently valid Firearm
Owner's Identification Card, | ||||||
20 | but is otherwise eligible under this Act. A
second or | ||||||
21 | subsequent violation is a Class 4 felony.
| ||||||
22 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
23 | Section 2 is a Class
3 felony when:
| ||||||
24 | (1) the person's Firearm Owner's Identification Card | ||||||
25 | is revoked or
subject to revocation under Section 8; or
|
| |||||||
| |||||||
1 | (2) the person's Firearm Owner's Identification Card | ||||||
2 | is expired and not
otherwise eligible for renewal under | ||||||
3 | this Act; or
| ||||||
4 | (3) the person does not possess a currently valid | ||||||
5 | Firearm Owner's
Identification Card, and the person is not | ||||||
6 | otherwise eligible under this
Act.
| ||||||
7 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
8 | felony.
A third or subsequent conviction is a Class 1 felony.
| ||||||
9 | (d-5) Any person who knowingly enters false information on | ||||||
10 | an application
for a Firearm Owner's Identification Card or a | ||||||
11 | certificate of handgun registration , who knowingly gives a | ||||||
12 | false answer
to any question on the application, or who | ||||||
13 | knowingly submits false evidence in
connection with an | ||||||
14 | application is guilty of a Class 2 felony.
| ||||||
15 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
16 | other
violation of this Act is a Class A misdemeanor.
| ||||||
17 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
18 | Section 31. The Firearm Concealed Carry Act is amended by | ||||||
19 | changing Sections 25, 40, 70, 80, and 105 as follows: | ||||||
20 | (430 ILCS 66/25)
| ||||||
21 | Sec. 25. Qualifications for a license. | ||||||
22 | The Department shall issue a license to an applicant | ||||||
23 | completing an application in accordance with Section 30 of this | ||||||
24 | Act if the person: |
| |||||||
| |||||||
1 | (1) is at least 21 years of age; | ||||||
2 | (2) has a currently valid Firearm Owner's | ||||||
3 | Identification Card and a certificate of handgun | ||||||
4 | registration and at the time of application meets the | ||||||
5 | requirements for the issuance of a Firearm Owner's | ||||||
6 | Identification Card and a certificate of handgun | ||||||
7 | registration and is not prohibited under the Firearm Owners | ||||||
8 | Identification Card and Certificate of Handgun | ||||||
9 | Registration Act or federal law from possessing or | ||||||
10 | receiving a firearm; | ||||||
11 | (3) has not been convicted or found guilty in this | ||||||
12 | State or in any other state of: | ||||||
13 | (A) a misdemeanor involving the use or threat of | ||||||
14 | physical force or violence to any person within the 5 | ||||||
15 | years preceding the date of the license application; or | ||||||
16 | (B) 2 or more violations related to driving while | ||||||
17 | under the influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof, within the 5 years preceding the date of the | ||||||
20 | license application; | ||||||
21 | (4) is not the subject of a pending arrest warrant, | ||||||
22 | prosecution, or proceeding for an offense or action that | ||||||
23 | could lead to disqualification to own or possess a firearm; | ||||||
24 | (5) has not been in residential or court-ordered | ||||||
25 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
26 | treatment within the 5 years immediately preceding the date |
| |||||||
| |||||||
1 | of the license application; and | ||||||
2 | (6) has completed firearms training and any education | ||||||
3 | component required under Section 75 of this Act.
| ||||||
4 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
5 | (430 ILCS 66/40)
| ||||||
6 | Sec. 40. Non-resident license applications. | ||||||
7 | (a) For the purposes of this Section, "non-resident" means | ||||||
8 | a person who has not resided within this State for more than 30 | ||||||
9 | days and resides in another state or territory. | ||||||
10 | (b) The Department shall by rule allow for non-resident | ||||||
11 | license applications from any state or territory of the United | ||||||
12 | States with laws related to firearm ownership, possession, and | ||||||
13 | carrying, that are substantially similar to the requirements to | ||||||
14 | obtain a license under this Act. | ||||||
15 | (c) A resident of a state or territory approved by the | ||||||
16 | Department under subsection (b) of this Section may apply for a | ||||||
17 | non-resident license. The applicant shall apply to the | ||||||
18 | Department and must meet all of the qualifications established | ||||||
19 | in Section 25 of this Act, except for the Illinois residency | ||||||
20 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
21 | Section 4 of the Firearm Owners Identification Card and | ||||||
22 | Certificate of Handgun Registration Act. The applicant shall | ||||||
23 | submit: | ||||||
24 | (1) the application and documentation required under | ||||||
25 | Section 30 of this Act and the applicable fee; |
| |||||||
| |||||||
1 | (2) a notarized document stating that the applicant: | ||||||
2 | (A) is eligible under federal law and the laws of | ||||||
3 | his or her state or territory of residence to own or | ||||||
4 | possess a firearm; | ||||||
5 | (B) if applicable, has a license or permit to carry | ||||||
6 | a firearm or concealed firearm issued by his or her | ||||||
7 | state or territory of residence and attach a copy of | ||||||
8 | the license or permit to the application; | ||||||
9 | (C) understands Illinois laws pertaining to the | ||||||
10 | possession and transport of firearms ; , and | ||||||
11 | (D) acknowledges that the applicant is subject to | ||||||
12 | the jurisdiction of the Department and Illinois courts | ||||||
13 | for any violation of this Act; and | ||||||
14 | (3) a photocopy of any certificates or other evidence | ||||||
15 | of compliance with the training requirements under Section | ||||||
16 | 75 of this Act; and | ||||||
17 | (4) a head and shoulder color photograph in a size | ||||||
18 | specified by the Department taken within the 30 days | ||||||
19 | preceding the date of the application. | ||||||
20 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
21 | identification card, a non-resident applicant shall provide | ||||||
22 | similar documentation from his or her state or territory of | ||||||
23 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
24 | Card, the applicant shall submit documentation and information | ||||||
25 | required by the Department to obtain a Firearm Owner's | ||||||
26 | Identification Card, including an affidavit that the |
| |||||||
| |||||||
1 | non-resident meets the mental health standards to obtain a | ||||||
2 | firearm under Illinois law, and the Department shall ensure | ||||||
3 | that the applicant would meet the eligibility criteria to | ||||||
4 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
5 | resident of this State. | ||||||
6 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
7 | transporting a concealed firearm within his or her vehicle in | ||||||
8 | Illinois, if the concealed firearm remains within his or her | ||||||
9 | vehicle and the non-resident: | ||||||
10 | (1) is not prohibited from owning or possessing a | ||||||
11 | firearm under federal law; | ||||||
12 | (2) is eligible to carry a firearm in public under the | ||||||
13 | laws of his or her state or territory of residence, as
| ||||||
14 | evidenced by the possession of a concealed carry license or | ||||||
15 | permit issued by his or her state of residence, if
| ||||||
16 | applicable; and | ||||||
17 | (3) is not in possession of a license under this Act. | ||||||
18 | If the non-resident leaves his or her vehicle unattended, | ||||||
19 | he or she shall store the firearm within a locked vehicle or | ||||||
20 | locked container within the vehicle in accordance with | ||||||
21 | subsection (b) of Section 65 of this Act.
| ||||||
22 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised | ||||||
23 | 12-10-14.) | ||||||
24 | (430 ILCS 66/70)
| ||||||
25 | Sec. 70. Violations. |
| |||||||
| |||||||
1 | (a) A license issued or renewed under this Act shall be | ||||||
2 | revoked if, at any time, the licensee is found to be ineligible | ||||||
3 | for a license under this Act or the licensee no longer meets | ||||||
4 | the eligibility requirements of the Firearm Owners | ||||||
5 | Identification Card and Certificate of Handgun Registration | ||||||
6 | Act. | ||||||
7 | (b) A license shall be suspended if an order of protection, | ||||||
8 | including an emergency order of protection, plenary order of | ||||||
9 | protection, or interim order of protection under Article 112A | ||||||
10 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
11 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
12 | the duration of the order, or if the Department is made aware | ||||||
13 | of a similar order issued against the licensee in any other | ||||||
14 | jurisdiction. If an order of protection is issued against a | ||||||
15 | licensee, the licensee shall surrender the license, as | ||||||
16 | applicable, to the court at the time the order is entered or to | ||||||
17 | the law enforcement agency or entity serving process at the | ||||||
18 | time the licensee is served the order. The court, law | ||||||
19 | enforcement agency, or entity responsible for serving the order | ||||||
20 | of protection shall notify the Department within 7 days and | ||||||
21 | transmit the license to the Department. | ||||||
22 | (c) A license is invalid upon expiration of the license, | ||||||
23 | unless the licensee has submitted an application to renew the | ||||||
24 | license, and the applicant is otherwise eligible to possess a | ||||||
25 | license under this Act. | ||||||
26 | (d) A licensee shall not carry a concealed firearm while |
| |||||||
| |||||||
1 | under the influence of alcohol, other drug or drugs, | ||||||
2 | intoxicating compound or combination of compounds, or any | ||||||
3 | combination thereof, under the standards set forth in | ||||||
4 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
5 | A licensee in violation of this subsection (d) shall be | ||||||
6 | guilty of a Class A misdemeanor for a first or second violation | ||||||
7 | and a Class 4 felony for a third violation. The Department may | ||||||
8 | suspend a license for up to 6 months for a second violation and | ||||||
9 | shall permanently revoke a license for a third violation. | ||||||
10 | (e) Except as otherwise provided, a licensee in violation | ||||||
11 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
12 | or subsequent violation is a Class A misdemeanor. The | ||||||
13 | Department may suspend a license for up to 6 months for a | ||||||
14 | second violation and shall permanently revoke a license for 3 | ||||||
15 | or more violations of Section 65 of this Act. Any person | ||||||
16 | convicted of a violation under this Section shall pay a $150 | ||||||
17 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
18 | any applicable court costs or fees. | ||||||
19 | (f) A licensee convicted or found guilty of a violation of | ||||||
20 | this Act who has a valid license and is otherwise eligible to | ||||||
21 | carry a concealed firearm shall only be subject to the | ||||||
22 | penalties under this Section and shall not be subject to the | ||||||
23 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
24 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
25 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
26 | Criminal Code of 2012. Except as otherwise provided in this |
| |||||||
| |||||||
1 | subsection, nothing in this subsection prohibits the licensee | ||||||
2 | from being subjected to penalties for violations other than | ||||||
3 | those specified in this Act. | ||||||
4 | (g) A licensee whose license is revoked, suspended, or | ||||||
5 | denied shall, within 48 hours of receiving notice of the | ||||||
6 | revocation, suspension, or denial, surrender his or her | ||||||
7 | concealed carry license to the local law enforcement agency | ||||||
8 | where the person resides. The local law enforcement agency | ||||||
9 | shall provide the licensee a receipt and transmit the concealed | ||||||
10 | carry license to the Department of State Police. If the | ||||||
11 | licensee whose concealed carry license has been revoked, | ||||||
12 | suspended, or denied fails to comply with the requirements of | ||||||
13 | this subsection, the law enforcement agency where the person | ||||||
14 | resides may petition the circuit court to issue a warrant to | ||||||
15 | search for and seize the concealed carry license in the | ||||||
16 | possession and under the custody or control of the licensee | ||||||
17 | whose concealed carry license has been revoked, suspended, or | ||||||
18 | denied. The observation of a concealed carry license in the | ||||||
19 | possession of a person whose license has been revoked, | ||||||
20 | suspended, or denied constitutes a sufficient basis for the | ||||||
21 | arrest of that person for violation of this subsection. A | ||||||
22 | violation of this subsection is a Class A misdemeanor. | ||||||
23 | (h) A license issued or renewed under this Act shall be | ||||||
24 | revoked if, at any time, the licensee is found ineligible for a | ||||||
25 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
26 | possesses a valid Firearm Owner's Identification Card. A |
| |||||||
| |||||||
1 | licensee whose license is revoked under this subsection (h) | ||||||
2 | shall surrender his or her concealed carry license as provided | ||||||
3 | for in subsection (g) of this Section. | ||||||
4 | This subsection shall not apply to a person who has filed | ||||||
5 | an application with the State Police for renewal of a Firearm
| ||||||
6 | Owner's Identification Card and who is not otherwise ineligible | ||||||
7 | to obtain a Firearm Owner's Identification Card.
| ||||||
8 | (i) A certified firearms instructor who knowingly provides | ||||||
9 | or offers to provide a false certification that an applicant | ||||||
10 | has completed firearms training as required under this Act is | ||||||
11 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
12 | of this subsection (i) is not eligible for court supervision. | ||||||
13 | The Department shall permanently revoke the firearms | ||||||
14 | instructor certification of a person convicted under this | ||||||
15 | subsection (i). | ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
17 | eff. 8-15-14.) | ||||||
18 | (430 ILCS 66/80) | ||||||
19 | Sec. 80. Certified firearms instructors. | ||||||
20 | (a) Within 60 days of the effective date of this Act, the | ||||||
21 | Department shall begin approval of certified firearms | ||||||
22 | instructors and enter certified firearms instructors into an | ||||||
23 | online registry on the Department's website. | ||||||
24 | (b) A person who is not a certified firearms instructor | ||||||
25 | shall not teach applicant training courses or advertise or |
| |||||||
| |||||||
1 | otherwise represent courses they teach as qualifying their | ||||||
2 | students to meet the requirements to receive a license under | ||||||
3 | this Act. Each violation of this subsection is a business | ||||||
4 | offense with a fine of at least $1,000 per violation. | ||||||
5 | (c) A person seeking to become a certified firearms | ||||||
6 | instructor shall: | ||||||
7 | (1) be at least 21 years of age; | ||||||
8 | (2) be a legal resident of the United States; and | ||||||
9 | (3) meet the requirements of Section 25 of this Act, | ||||||
10 | except for the Illinois residency
requirement in item (xiv) | ||||||
11 | of paragraph (2) of subsection (a) of Section 4 of the | ||||||
12 | Firearm
Owners Identification Card and Certificate of | ||||||
13 | Handgun Registration Act; and any additional uniformly | ||||||
14 | applied requirements established by the Department. | ||||||
15 | (d) A person seeking to become a certified firearms | ||||||
16 | instructor, in addition to the requirements of subsection (c) | ||||||
17 | of this Section, shall: | ||||||
18 | (1) possess a high school diploma or high school | ||||||
19 | equivalency certificate; and | ||||||
20 | (2) have at least one of the following valid firearms | ||||||
21 | instructor certifications: | ||||||
22 | (A) certification from a law enforcement agency; | ||||||
23 | (B) certification from a firearm instructor course | ||||||
24 | offered by a State or federal governmental agency; | ||||||
25 | (C) certification from a firearm instructor | ||||||
26 | qualification course offered by the Illinois Law |
| |||||||
| |||||||
1 | Enforcement Training Standards Board; or | ||||||
2 | (D) certification from an entity approved by the | ||||||
3 | Department that offers firearm instructor education | ||||||
4 | and training in the use and safety of firearms. | ||||||
5 | (e) A person may have his or her firearms instructor | ||||||
6 | certification denied or revoked if he or she does not meet the | ||||||
7 | requirements to obtain a license under this Act, provides false | ||||||
8 | or misleading information to the Department, or has had a prior | ||||||
9 | instructor certification revoked or denied by the Department.
| ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, | ||||||
11 | eff. 1-1-15 .) | ||||||
12 | (430 ILCS 66/105)
| ||||||
13 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
14 | the principal
of a public elementary or secondary school, or | ||||||
15 | his or her designee, and the
chief administrative officer of a | ||||||
16 | private elementary or secondary school or a
public or private | ||||||
17 | community college, college, or university, or his or her
| ||||||
18 | designee, to report to the Department of State Police when a | ||||||
19 | student is determined to pose a clear and present danger to | ||||||
20 | himself, herself, or to others, within 24 hours of
the | ||||||
21 | determination as provided in Section 6-103.3 of the Mental | ||||||
22 | Health and Developmental Disabilities Code. "Clear and present | ||||||
23 | danger" has the meaning as provided in paragraph (2) of the | ||||||
24 | definition of "clear and present danger" in Section 1.1 of the | ||||||
25 | Firearm Owners Identification Card and Certificate of Handgun |
| |||||||
| |||||||
1 | Registration Act.
| ||||||
2 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
3 | Section 32. The Wildlife Code is amended by changing | ||||||
4 | Section 3.2 as follows:
| ||||||
5 | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| ||||||
6 | Sec. 3.2. Hunting license; application; instruction. | ||||||
7 | Before the
Department or any county, city, village, township, | ||||||
8 | incorporated town clerk
or his duly designated agent or any | ||||||
9 | other person authorized or designated
by the Department to | ||||||
10 | issue hunting licenses shall issue a hunting license
to any | ||||||
11 | person, the person shall file his application with the | ||||||
12 | Department or
other party authorized to issue licenses on a | ||||||
13 | form provided by the
Department and further give definite proof | ||||||
14 | of identity and place of legal
residence. Each clerk | ||||||
15 | designating agents to issue licenses and stamps
shall furnish | ||||||
16 | the Department, within 10 days following the appointment, the
| ||||||
17 | names and mailing addresses of the agents. Each clerk or his | ||||||
18 | duly
designated agent shall be authorized to sell licenses and | ||||||
19 | stamps only
within the territorial area for which he was | ||||||
20 | elected or appointed. No duly
designated agent is authorized to | ||||||
21 | furnish licenses or stamps for
issuance by any other business | ||||||
22 | establishment. Each
application shall be executed and sworn to | ||||||
23 | and shall set forth the name
and description of the applicant | ||||||
24 | and place of residence.
|
| |||||||
| |||||||
1 | No hunting license shall be issued to any person born on or | ||||||
2 | after January
1,
1980
unless he presents the person authorized | ||||||
3 | to issue the license
evidence that he has held a hunting | ||||||
4 | license issued by the State of Illinois
or another state in a | ||||||
5 | prior year, or a certificate of competency as
provided in this | ||||||
6 | Section. Persons under 16 years of age may be issued a
Lifetime | ||||||
7 | Hunting or Sportsmen's Combination License as provided under | ||||||
8 | Section
20-45 of the Fish and Aquatic Life Code but shall not | ||||||
9 | be entitled to hunt
unless they have a certificate of | ||||||
10 | competency as provided in this Section and
they shall have the | ||||||
11 | certificate in their possession while hunting.
| ||||||
12 | The Department of Natural Resources shall authorize
| ||||||
13 | personnel of the
Department or certified volunteer instructors | ||||||
14 | to conduct courses, of not
less than 10 hours in length, in | ||||||
15 | firearms and hunter safety, which may include
training in bow | ||||||
16 | and arrow safety, at regularly specified intervals throughout
| ||||||
17 | the State. Persons successfully completing the course shall | ||||||
18 | receive a
certificate of competency. The Department of Natural | ||||||
19 | Resources may further
cooperate with any reputable association | ||||||
20 | or organization in establishing
courses if the organization has | ||||||
21 | as one of its objectives the promotion of
safety in the | ||||||
22 | handling of firearms or bow and arrow.
| ||||||
23 | The Department of Natural Resources shall designate any
| ||||||
24 | person found by it
to be competent to give instruction in the | ||||||
25 | handling of firearms, hunter
safety, and bow and arrow. The | ||||||
26 | persons so appointed shall give the
course of instruction and |
| |||||||
| |||||||
1 | upon the successful completion shall
issue to the person | ||||||
2 | instructed a certificate of competency in the safe
handling of | ||||||
3 | firearms, hunter safety, and bow and arrow. No charge shall
be | ||||||
4 | made for any course of instruction except for materials or | ||||||
5 | ammunition
consumed. The Department of Natural Resources shall
| ||||||
6 | furnish information on
the requirements of hunter safety | ||||||
7 | education programs to be distributed
free of charge to | ||||||
8 | applicants for hunting licenses by the persons
appointed and | ||||||
9 | authorized to issue licenses. Funds for the conducting of
| ||||||
10 | firearms and hunter safety courses shall be taken from the fee | ||||||
11 | charged
for the Firearm Owners Identification Card.
| ||||||
12 | The fee for a hunting license to hunt all species for a | ||||||
13 | resident of
Illinois is $12. For residents age 65 or older, | ||||||
14 | and, commencing with the 2012 license year, resident veterans | ||||||
15 | of the United States Armed Forces after returning from service | ||||||
16 | abroad or mobilization by the President of the United States, | ||||||
17 | the fee is one-half of the
fee charged for a hunting license to | ||||||
18 | hunt all species for a resident of
Illinois. Veterans must | ||||||
19 | provide to the Department, at one of the Department's 5 | ||||||
20 | regional offices, verification of their service. The | ||||||
21 | Department shall establish what constitutes suitable | ||||||
22 | verification of service for the purpose of issuing resident | ||||||
23 | veterans hunting
licenses at a reduced fee. The fee for a | ||||||
24 | hunting license to hunt all species shall be $1 for residents | ||||||
25 | over 75 years of age. Nonresidents shall be charged $57 for a | ||||||
26 | hunting license.
|
| |||||||
| |||||||
1 | Nonresidents may be issued a nonresident hunting license | ||||||
2 | for a
period not to exceed 10 consecutive days' hunting in the | ||||||
3 | State and shall
be charged a fee of $35.
| ||||||
4 | A special nonresident hunting license authorizing a | ||||||
5 | nonresident to
take game birds by hunting on a game breeding | ||||||
6 | and hunting preserve
area only, established under Section 3.27, | ||||||
7 | shall be issued upon proper
application being made and payment | ||||||
8 | of a fee equal to that for a resident
hunting license. The | ||||||
9 | expiration date of this license shall be on the same
date each | ||||||
10 | year that game breeding and hunting preserve
area licenses | ||||||
11 | expire.
| ||||||
12 | Each applicant for a State Migratory Waterfowl Stamp, | ||||||
13 | regardless of
his residence or other condition, shall pay a fee | ||||||
14 | of $15 and
shall receive a stamp. The fee for a State Migratory | ||||||
15 | Waterfowl Stamp shall be waived for residents over 75 years of | ||||||
16 | age. Except as provided under
Section 20-45 of the Fish and | ||||||
17 | Aquatic Life Code,
the stamp shall be signed by the person or | ||||||
18 | affixed to his license
or permit in a space designated by the | ||||||
19 | Department for that purpose.
| ||||||
20 | Each applicant for a State Habitat Stamp, regardless of his | ||||||
21 | residence
or other condition, shall pay a fee of $5 and shall | ||||||
22 | receive a
stamp. The fee for a State Habitat Stamp shall be | ||||||
23 | waived for residents over 75 years of age. Except as provided | ||||||
24 | under Section 20-45 of the Fish and Aquatic Life
Code, the | ||||||
25 | stamp shall be signed by the person or affixed to his license | ||||||
26 | or
permit in a space designated by the Department for that |
| |||||||
| |||||||
1 | purpose.
| ||||||
2 | Nothing in this Section shall be construed as to require | ||||||
3 | the purchase
of more than one State Habitat Stamp by any person | ||||||
4 | in any one license year.
| ||||||
5 | The fees for State Pheasant Stamps and State Furbearer | ||||||
6 | Stamps shall be waived for residents over 75 years of age. | ||||||
7 | The Department shall furnish the holders of hunting | ||||||
8 | licenses and stamps
with an insignia as evidence of possession | ||||||
9 | of license, or license and
stamp, as the Department may | ||||||
10 | consider advisable. The insignia shall be
exhibited and used as | ||||||
11 | the Department may order.
| ||||||
12 | All other hunting licenses and all State stamps shall | ||||||
13 | expire upon
March 31 of each year.
| ||||||
14 | Every person holding any license, permit, or stamp issued | ||||||
15 | under the
provisions of this Act shall have it in his | ||||||
16 | possession for immediate
presentation for inspection to the | ||||||
17 | officers and authorized employees of
the Department, any | ||||||
18 | sheriff, deputy sheriff, or any other peace officer making
a | ||||||
19 | demand for it. This provision shall not apply to Department | ||||||
20 | owned or
managed sites where it is required that all hunters | ||||||
21 | deposit their license,
permit, or Firearm Owner's | ||||||
22 | Identification Card , or certificate of handgun registration at | ||||||
23 | the check station upon
entering the hunting areas.
| ||||||
24 | (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
| ||||||
25 | Section 35. The Clerks of Courts Act is amended by changing |
| |||||||
| |||||||
1 | Section 27.3a as follows:
| ||||||
2 | (705 ILCS 105/27.3a)
| ||||||
3 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
4 | and court services operations, and State and Conservation | ||||||
5 | Police operations.
| ||||||
6 | 1. The expense of establishing and maintaining automated | ||||||
7 | record
keeping systems in the offices of the clerks of the | ||||||
8 | circuit court shall
be borne by the county. To defray such | ||||||
9 | expense in any county having
established such an automated | ||||||
10 | system or which elects to establish such a
system, the county | ||||||
11 | board may require the clerk of the circuit court in
their | ||||||
12 | county to charge and collect a court automation fee of not less | ||||||
13 | than
$1 nor more than $25 to be charged and collected by the | ||||||
14 | clerk of the court.
Such fee shall be paid at the time of | ||||||
15 | filing the first pleading, paper or
other appearance filed by | ||||||
16 | each party in all civil cases or by the defendant
in any | ||||||
17 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
18 | conservation
case upon a judgment of guilty or grant of | ||||||
19 | supervision, provided that
the record keeping system which | ||||||
20 | processes the case
category for which the fee is charged is | ||||||
21 | automated or has been approved for
automation by the county | ||||||
22 | board, and provided further that no additional fee
shall be | ||||||
23 | required if more than one party is presented in a single | ||||||
24 | pleading,
paper or other appearance. Such fee shall be | ||||||
25 | collected in the manner in
which all other fees or costs are |
| |||||||
| |||||||
1 | collected.
| ||||||
2 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
3 | Act 97-761) and pursuant to an administrative order from the | ||||||
4 | chief judge of the circuit or the presiding judge of the county | ||||||
5 | authorizing such collection, a clerk of the circuit court in | ||||||
6 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
7 | Section shall also charge and collect an additional $10 | ||||||
8 | operations fee for probation and court services department | ||||||
9 | operations. | ||||||
10 | This additional fee shall be paid by the defendant in any | ||||||
11 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
12 | case upon a judgment of guilty or grant of supervision, except | ||||||
13 | such $10 operations fee shall not be charged and collected in | ||||||
14 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
15 | amount is $120 or less. | ||||||
16 | 1.2. With respect to the fee imposed and collected under | ||||||
17 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
18 | fees monthly to the county treasurer for deposit into the | ||||||
19 | probation and court services fund created under Section 15.1 of | ||||||
20 | the Probation and Probation Officers Act, and such monies shall | ||||||
21 | be disbursed from the fund only at the direction of the chief | ||||||
22 | judge of the circuit or another judge designated by the Chief | ||||||
23 | Circuit Judge in accordance with the policies and guidelines | ||||||
24 | approved by the Supreme Court. | ||||||
25 | 1.5. Starting on June 1, 2014, a clerk of the circuit court | ||||||
26 | in any county that imposes a fee pursuant to subsection 1 of |
| |||||||
| |||||||
1 | this Section, shall charge and collect an additional fee in an | ||||||
2 | amount equal to the amount of the fee imposed pursuant to | ||||||
3 | subsection 1 of this Section, except the fee imposed under this | ||||||
4 | subsection may not be more than $15. This additional fee shall | ||||||
5 | be paid by the defendant in any felony, traffic, misdemeanor, | ||||||
6 | or local ordinance case upon a judgment of guilty or grant of | ||||||
7 | supervision. This fee shall not be paid by the defendant for | ||||||
8 | any violation listed in subsection 1.6 of this Section. | ||||||
9 | 1.6. Starting on June 1, 2014, a clerk of the circuit court | ||||||
10 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
11 | this Section shall charge and collect an additional fee in an | ||||||
12 | amount equal to the amount of the fee imposed pursuant to | ||||||
13 | subsection 1 of this Section, except the fee imposed under this | ||||||
14 | subsection may not be more than $15. This additional fee shall | ||||||
15 | be paid by the defendant upon a judgment of guilty or grant of | ||||||
16 | supervision for a violation under the State Parks Act, the | ||||||
17 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
18 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
19 | Transportation Act, the Firearm Owners Identification Card and | ||||||
20 | Certificate of Handgun Registration Act, the Environmental | ||||||
21 | Protection Act, the Fish and Aquatic Life Code, the Wildlife | ||||||
22 | Code, the Cave Protection Act, the Illinois Exotic Weed Act, | ||||||
23 | the Illinois Forestry Development Act, the Ginseng Harvesting | ||||||
24 | Act, the Illinois Lake Management Program Act, the Illinois | ||||||
25 | Natural Areas Preservation Act, the Illinois Open Land Trust | ||||||
26 | Act, the Open Space Lands Acquisition and Development Act, the |
| |||||||
| |||||||
1 | Illinois Prescribed Burning Act, the State Forest Act, the | ||||||
2 | Water Use Act of 1983, the Illinois Veteran, Youth, and Young | ||||||
3 | Adult Conservation Jobs Act, the Snowmobile Registration and | ||||||
4 | Safety Act, the Boat Registration and Safety Act, the Illinois | ||||||
5 | Dangerous Animals Act, the Hunter and Fishermen Interference | ||||||
6 | Prohibition Act, the Wrongful Tree Cutting Act, or Section | ||||||
7 | 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, | ||||||
8 | 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle | ||||||
9 | Code, or Section 48-3 or 48-10 of the Criminal Code of 2012. | ||||||
10 | 2. With respect to the fee imposed under subsection 1 of | ||||||
11 | this Section, each clerk shall commence such charges and | ||||||
12 | collections upon receipt
of written notice from the chairman of | ||||||
13 | the county board together with a
certified copy of the board's | ||||||
14 | resolution, which the clerk shall file of
record in his office.
| ||||||
15 | 3. With respect to the fee imposed under subsection 1 of | ||||||
16 | this Section, such fees shall be in addition to all other fees | ||||||
17 | and charges of such
clerks, and assessable as costs, and may be | ||||||
18 | waived only if the judge
specifically provides for the waiver | ||||||
19 | of the court automation fee. The
fees shall be remitted monthly | ||||||
20 | by such clerk to the county treasurer, to be
retained by him in | ||||||
21 | a special fund designated as the court automation fund.
The | ||||||
22 | fund shall be audited by the county auditor, and the board | ||||||
23 | shall make
expenditure from the fund in payment of any cost | ||||||
24 | related to the automation
of court records, including hardware, | ||||||
25 | software, research and development
costs and personnel related | ||||||
26 | thereto, provided that the expenditure is
approved by the clerk |
| |||||||
| |||||||
1 | of the court and by the chief judge of the circuit
court or his | ||||||
2 | designate.
| ||||||
3 | 4. With respect to the fee imposed under subsection 1 of | ||||||
4 | this Section, such fees shall not be charged in any matter | ||||||
5 | coming to any such clerk
on change of venue, nor in any | ||||||
6 | proceeding to review the decision of any
administrative | ||||||
7 | officer, agency or body.
| ||||||
8 | 5. With respect to the additional fee imposed under | ||||||
9 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
10 | the circuit clerk to the State Treasurer within one month after | ||||||
11 | receipt for deposit into the State Police Operations Assistance | ||||||
12 | Fund. | ||||||
13 | 6. With respect to the additional fees imposed under | ||||||
14 | subsection 1.5 of this Section, the Director of State Police | ||||||
15 | may direct the use of these fees for homeland security purposes | ||||||
16 | by transferring these fees on a quarterly basis from the State | ||||||
17 | Police Operations Assistance Fund into the Illinois Law | ||||||
18 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
19 | initiatives programs. The transferred fees shall be allocated, | ||||||
20 | subject to the approval of the ILEAS Executive Board, as | ||||||
21 | follows: (i) 66.6% shall be used for homeland security | ||||||
22 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
23 | operations. The ILEAS Executive Board shall annually supply the | ||||||
24 | Director of State Police with a report of the use of these | ||||||
25 | fees. | ||||||
26 | 7. With respect to the additional fee imposed under |
| |||||||
| |||||||
1 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
2 | the circuit clerk to the State Treasurer within one month after | ||||||
3 | receipt for deposit into the Conservation Police Operations | ||||||
4 | Assistance Fund. | ||||||
5 | (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738, | ||||||
6 | eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12; | ||||||
7 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff. | ||||||
8 | 8-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.) | ||||||
9 | Section 40. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1.1, | ||||||
11 | 24-1.6, 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 as | ||||||
12 | follows:
| ||||||
13 | (720 ILCS 5/2-7.1)
| ||||||
14 | Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm" | ||||||
15 | and "firearm
ammunition" have the meanings ascribed to them in | ||||||
16 | Section 1.1 of the Firearm
Owners Identification Card and | ||||||
17 | Certificate of Handgun Registration Act.
| ||||||
18 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
19 | (720 ILCS 5/2-7.5)
| ||||||
20 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
21 | specific
Section, "firearm" has the meaning ascribed to it in | ||||||
22 | Section 1.1 of the
Firearm Owners Identification Card and | ||||||
23 | Certificate of Handgun Registration Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
2 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
3 | Sec. 12-3.05. Aggravated battery.
| ||||||
4 | (a) Offense based on injury. A person commits aggravated | ||||||
5 | battery when, in committing a battery, other than by the | ||||||
6 | discharge of a firearm, he or she knowingly does any of the | ||||||
7 | following: | ||||||
8 | (1) Causes great bodily harm or permanent disability or | ||||||
9 | disfigurement. | ||||||
10 | (2) Causes severe and permanent disability, great | ||||||
11 | bodily harm, or disfigurement by means of a caustic or | ||||||
12 | flammable substance, a poisonous gas, a deadly biological | ||||||
13 | or chemical contaminant or agent, a radioactive substance, | ||||||
14 | or a bomb or explosive compound. | ||||||
15 | (3) Causes great bodily harm or permanent disability or | ||||||
16 | disfigurement to an individual whom the person knows to be | ||||||
17 | a peace officer, community policing volunteer, fireman, | ||||||
18 | private security officer, correctional institution | ||||||
19 | employee, or Department of Human Services employee | ||||||
20 | supervising or controlling sexually dangerous persons or | ||||||
21 | sexually violent persons: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) battered to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) battered in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (4) Causes great bodily harm or permanent disability or | ||||||
3 | disfigurement to an individual 60 years of age or older. | ||||||
4 | (5) Strangles another individual. | ||||||
5 | (b) Offense based on injury to a child or intellectually | ||||||
6 | disabled person. A person who is at least 18 years of age | ||||||
7 | commits aggravated battery when, in committing a battery, he or | ||||||
8 | she knowingly and without legal justification by any means: | ||||||
9 | (1) causes great bodily harm or permanent disability or | ||||||
10 | disfigurement to any child under the age of 13 years, or to | ||||||
11 | any severely or profoundly intellectually disabled person; | ||||||
12 | or | ||||||
13 | (2) causes bodily harm or disability or disfigurement | ||||||
14 | to any child under the age of 13 years or to any severely | ||||||
15 | or profoundly intellectually disabled person. | ||||||
16 | (c) Offense based on location of conduct. A person commits | ||||||
17 | aggravated battery when, in committing a battery, other than by | ||||||
18 | the discharge of a firearm, he or she is or the person battered | ||||||
19 | is on or about a public way, public property, a public place of | ||||||
20 | accommodation or amusement, a sports venue, or a domestic | ||||||
21 | violence shelter. | ||||||
22 | (d) Offense based on status of victim. A person commits | ||||||
23 | aggravated battery when, in committing a battery, other than by | ||||||
24 | discharge of a firearm, he or she knows the individual battered | ||||||
25 | to be any of the following: | ||||||
26 | (1) A person 60 years of age or older. |
| |||||||
| |||||||
1 | (2) A person who is pregnant or physically handicapped. | ||||||
2 | (3) A teacher or school employee upon school grounds or | ||||||
3 | grounds adjacent to a school or in any part of a building | ||||||
4 | used for school purposes. | ||||||
5 | (4) A peace officer, community policing volunteer, | ||||||
6 | fireman, private security officer, correctional | ||||||
7 | institution employee, or Department of Human Services | ||||||
8 | employee supervising or controlling sexually dangerous | ||||||
9 | persons or sexually violent persons: | ||||||
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 | (5) A judge, emergency management worker, emergency | ||||||
16 | medical technician, or utility worker: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (6) An officer or employee of the State of Illinois, a | ||||||
23 | unit of local government, or a school district, while | ||||||
24 | performing his or her official duties. | ||||||
25 | (7) A transit employee performing his or her official | ||||||
26 | duties, or a transit passenger. |
| |||||||
| |||||||
1 | (8) A taxi driver on duty. | ||||||
2 | (9) A merchant who detains the person for an alleged | ||||||
3 | commission of retail theft under Section 16-26 of this Code | ||||||
4 | and the person without legal justification by any means | ||||||
5 | causes bodily harm to the merchant. | ||||||
6 | (10) A person authorized to serve process under Section | ||||||
7 | 2-202 of the Code of Civil Procedure or a special process | ||||||
8 | server appointed by the circuit court while that individual | ||||||
9 | is in the performance of his or her duties as a process | ||||||
10 | server. | ||||||
11 | (11) A nurse while in the performance of his or her | ||||||
12 | duties as a nurse. | ||||||
13 | (e) Offense based on use of a firearm. A person commits | ||||||
14 | aggravated battery when, in committing a battery, he or she | ||||||
15 | knowingly does any of the following: | ||||||
16 | (1) Discharges a firearm, other than a machine gun or a | ||||||
17 | firearm equipped with a silencer, and causes any injury to | ||||||
18 | another person. | ||||||
19 | (2) Discharges a firearm, other than a machine gun or a | ||||||
20 | firearm equipped with a silencer, and causes any injury to | ||||||
21 | a person he or she knows to be a peace officer, community | ||||||
22 | policing volunteer, person summoned by a police officer, | ||||||
23 | fireman, private security officer, correctional | ||||||
24 | institution employee, or emergency management worker: | ||||||
25 | (i) performing his or her official duties; | ||||||
26 | (ii) battered to prevent performance of his or her |
| |||||||
| |||||||
1 | official duties; or | ||||||
2 | (iii) battered in retaliation for performing his | ||||||
3 | or her official duties. | ||||||
4 | (3) Discharges a firearm, other than a machine gun or a | ||||||
5 | firearm equipped with a silencer, and causes any injury to | ||||||
6 | a person he or she knows to be an emergency medical | ||||||
7 | technician employed by a municipality or other | ||||||
8 | governmental unit: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (4) Discharges a firearm and causes any injury to a | ||||||
15 | person he or she knows to be a teacher, a student in a | ||||||
16 | school, or a school employee, and the teacher, student, or | ||||||
17 | employee is upon school grounds or grounds adjacent to a | ||||||
18 | school or in any part of a building used for school | ||||||
19 | purposes. | ||||||
20 | (5) Discharges a machine gun or a firearm equipped with | ||||||
21 | a silencer, and causes any injury to another person. | ||||||
22 | (6) Discharges a machine gun or a firearm equipped with | ||||||
23 | a silencer, and causes any injury to a person he or she | ||||||
24 | knows to be a peace officer, community policing volunteer, | ||||||
25 | person summoned by a police officer, fireman, private | ||||||
26 | security officer, correctional institution employee or |
| |||||||
| |||||||
1 | emergency management worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) battered to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) battered in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (7) Discharges a machine gun or a firearm equipped with | ||||||
8 | a silencer, and causes any injury to a person he or she | ||||||
9 | knows to be an emergency medical technician employed by a | ||||||
10 | municipality or other governmental unit: | ||||||
11 | (i) performing his or her official duties; | ||||||
12 | (ii) battered to prevent performance of his or her | ||||||
13 | official duties; or | ||||||
14 | (iii) battered in retaliation for performing his | ||||||
15 | or her official duties. | ||||||
16 | (8) Discharges a machine gun or a firearm equipped with | ||||||
17 | a silencer, and causes any injury to a person he or she | ||||||
18 | knows to be a teacher, or a student in a school, or a | ||||||
19 | school employee, and the teacher, student, or employee is | ||||||
20 | upon school grounds or grounds adjacent to a school or in | ||||||
21 | any part of a building used for school purposes. | ||||||
22 | (f) Offense based on use of a weapon or device. A person | ||||||
23 | commits aggravated battery when, in committing a battery, he or | ||||||
24 | she does any of the following: | ||||||
25 | (1) Uses a deadly weapon other than by discharge of a | ||||||
26 | firearm, or uses an air rifle as defined in Section |
| |||||||
| |||||||
1 | 24.8-0.1 of this Code. | ||||||
2 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
3 | identity. | ||||||
4 | (3) Knowingly and without lawful justification shines | ||||||
5 | or flashes a laser gunsight or other laser device attached | ||||||
6 | to a firearm, or used in concert with a firearm, so that | ||||||
7 | the laser beam strikes upon or against the person of | ||||||
8 | another. | ||||||
9 | (4) Knowingly video or audio records the offense with | ||||||
10 | the intent to disseminate the recording. | ||||||
11 | (g) Offense based on certain conduct. A person commits | ||||||
12 | aggravated battery when, other than by discharge of a firearm, | ||||||
13 | he or she does any of the following: | ||||||
14 | (1) Violates Section 401 of the Illinois Controlled | ||||||
15 | Substances Act by unlawfully delivering a controlled | ||||||
16 | substance to another and any user experiences great bodily | ||||||
17 | harm or permanent disability as a result of the injection, | ||||||
18 | inhalation, or ingestion of any amount of the controlled | ||||||
19 | substance. | ||||||
20 | (2) Knowingly administers to an individual or causes | ||||||
21 | him or her to take, without his or her consent or by threat | ||||||
22 | or deception, and for other than medical purposes, any | ||||||
23 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
24 | or controlled substance, or gives to another person any | ||||||
25 | food containing any substance or object intended to cause | ||||||
26 | physical injury if eaten. |
| |||||||
| |||||||
1 | (3) Knowingly causes or attempts to cause a | ||||||
2 | correctional institution employee or Department of Human | ||||||
3 | Services employee to come into contact with blood, seminal | ||||||
4 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
5 | the fluid or material, and the person is an inmate of a | ||||||
6 | penal institution or is a sexually dangerous person or | ||||||
7 | sexually violent person in the custody of the Department of | ||||||
8 | Human Services. | ||||||
9 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
10 | battery is a Class 3 felony. | ||||||
11 | Aggravated battery as defined in subdivision (a)(4), | ||||||
12 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
13 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
14 | (g)(1) is a Class 1 felony. | ||||||
15 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
16 | Class 1 felony when the aggravated battery was intentional and | ||||||
17 | involved the infliction of torture, as defined in paragraph | ||||||
18 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
19 | infliction of or subjection to extreme physical pain, motivated | ||||||
20 | by an intent to increase or prolong the pain, suffering, or | ||||||
21 | agony of the victim. | ||||||
22 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
23 | felony if: | ||||||
24 | (A) the person used or attempted to use a dangerous
| ||||||
25 | instrument while committing the offense; or | ||||||
26 | (B) the person caused great bodily harm or
permanent |
| |||||||
| |||||||
1 | disability or disfigurement to the other
person while | ||||||
2 | committing the offense; or | ||||||
3 | (C) the person has been previously convicted of a
| ||||||
4 | violation of subdivision (a)(5) under the laws of this
| ||||||
5 | State or laws similar to subdivision (a)(5) of any other
| ||||||
6 | state. | ||||||
7 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
8 | Class X felony. | ||||||
9 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
10 | Class X felony for which a person shall be sentenced to a term | ||||||
11 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
12 | years. | ||||||
13 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
14 | Class X felony for which a person shall be sentenced to a term | ||||||
15 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
16 | years. | ||||||
17 | Aggravated battery as defined in subdivision (e)(2), | ||||||
18 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
19 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
20 | and a maximum of 60 years. | ||||||
21 | Aggravated battery as defined in subdivision (e)(6), | ||||||
22 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
23 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
24 | and a maximum of 60 years. | ||||||
25 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
26 | Class X felony, except that: |
| |||||||
| |||||||
1 | (1) if the person committed the offense while armed | ||||||
2 | with a firearm, 15 years shall be added to the term of | ||||||
3 | imprisonment imposed by the court; | ||||||
4 | (2) if, during the commission of the offense, the | ||||||
5 | person personally discharged a firearm, 20 years shall be | ||||||
6 | added to the term of imprisonment imposed by the court; | ||||||
7 | (3) if, during the commission of the offense, the | ||||||
8 | person personally discharged a firearm that proximately | ||||||
9 | caused great bodily harm, permanent disability, permanent | ||||||
10 | disfigurement, or death to another person, 25 years or up | ||||||
11 | to a term of natural life shall be added to the term of | ||||||
12 | imprisonment imposed by the court. | ||||||
13 | (i) Definitions. For the purposes of this Section: | ||||||
14 | "Building or other structure used to provide shelter" has | ||||||
15 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
16 | Violence Shelters Act. | ||||||
17 | "Domestic violence" has the meaning ascribed to it in | ||||||
18 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
19 | "Domestic violence shelter" means any building or other | ||||||
20 | structure used to provide shelter or other services to victims | ||||||
21 | or to the dependent children of victims of domestic violence | ||||||
22 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
23 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
24 | such a building or other structure in the case of a person who | ||||||
25 | is going to or from such a building or other structure. | ||||||
26 | "Firearm" has the meaning provided under Section 1.1
of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
2 | Registration Act, and does
not include an air rifle as defined | ||||||
3 | by Section 24.8-0.1 of this Code. | ||||||
4 | "Machine gun" has the meaning ascribed to it in Section | ||||||
5 | 24-1 of this Code. | ||||||
6 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
7 | of this Code. | ||||||
8 | "Strangle" means
intentionally impeding the normal | ||||||
9 | breathing or circulation of the blood of an individual by | ||||||
10 | applying pressure on the throat
or neck of that individual or | ||||||
11 | by blocking the nose or mouth of
that individual.
| ||||||
12 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. | ||||||
13 | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, | ||||||
14 | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
15 | eff. 7-16-14.)
| ||||||
16 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
17 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
18 | owner identification number. | ||||||
19 | (a) Unlawful sale of household appliances. A person commits | ||||||
20 | unlawful
sale of household
appliances when he or she knowingly, | ||||||
21 | with the intent to defraud or deceive
another, keeps for sale, | ||||||
22 | within any commercial
context, any household appliance with a | ||||||
23 | missing, defaced, obliterated, or
otherwise altered | ||||||
24 | manufacturer's identification number.
| ||||||
25 | (b) Construction equipment identification defacement. A |
| |||||||
| |||||||
1 | person commits construction equipment identification | ||||||
2 | defacement when he or she knowingly changes,
alters, removes, | ||||||
3 | mutilates, or
obliterates a permanently affixed serial number, | ||||||
4 | product identification number,
part number, component | ||||||
5 | identification number, owner-applied identification,
or other | ||||||
6 | mark of identification attached to or stamped, inscribed, | ||||||
7 | molded,
or etched into a machine or other equipment, whether | ||||||
8 | stationary or mobile
or self-propelled, or a part of such | ||||||
9 | machine or equipment, used in the construction,
maintenance, or | ||||||
10 | demolition of buildings, structures, bridges, tunnels, sewers,
| ||||||
11 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
12 | dams, airports,
or waterways or in material handling for such | ||||||
13 | projects. | ||||||
14 | The trier of fact may infer that the defendant has | ||||||
15 | knowingly changed, altered, removed, or obliterated the serial | ||||||
16 | number, product identification number, part number, component | ||||||
17 | identification number, owner-applied identification number, or | ||||||
18 | other mark of identification, if the defendant was in | ||||||
19 | possession of any machine or other equipment or a part of such | ||||||
20 | machine
or equipment used in the construction, maintenance, or | ||||||
21 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
22 | utility pipes or lines, ditches or
open cuts, roads, highways, | ||||||
23 | dams, airports, or waterways or in material handling
for such | ||||||
24 | projects upon which any such serial number, product | ||||||
25 | identification
number, part number, component identification | ||||||
26 | number, owner-applied identification
number, or other mark of |
| |||||||
| |||||||
1 | identification has been changed, altered,
removed, or | ||||||
2 | obliterated. | ||||||
3 | (c) Defacement of manufacturer's serial number or | ||||||
4 | identification mark. A person commits defacement of a | ||||||
5 | manufacturer's serial number or identification mark when he or | ||||||
6 | she knowingly removes, alters, defaces, covers, or destroys the
| ||||||
7 | manufacturer's serial number or any other manufacturer's | ||||||
8 | number or
distinguishing identification mark upon any machine | ||||||
9 | or other article of
merchandise, other than a motor vehicle as | ||||||
10 | defined in Section 1-146 of the
Illinois Vehicle Code or a | ||||||
11 | firearm as defined in the Firearm Owners Identification Card | ||||||
12 | and Certificate of Handgun Registration Act, with the intent of | ||||||
13 | concealing or destroying the
identity of such machine or other | ||||||
14 | article of merchandise. | ||||||
15 | (d) Sentence. | ||||||
16 | (1) A violation of subsection (a) of this Section is a | ||||||
17 | Class 4 felony if the value
of the appliance or appliances | ||||||
18 | exceeds $1,000 and a Class B misdemeanor if
the value of | ||||||
19 | the appliance or appliances is $1,000 or less.
| ||||||
20 | (2) A violation of subsection (b) of this Section is a | ||||||
21 | Class A misdemeanor. | ||||||
22 | (3) A violation of subsection (c) of this Section is a | ||||||
23 | Class B misdemeanor. | ||||||
24 | (e) No liability shall be imposed upon any person for the | ||||||
25 | unintentional
failure to comply with subsection (a).
| ||||||
26 | (f) Definitions. In this Section: |
| |||||||
| |||||||
1 | "Commercial context" means a continuing business | ||||||
2 | enterprise conducted
for profit by any person whose primary | ||||||
3 | business is the wholesale or retail
marketing of household | ||||||
4 | appliances, or a significant portion of whose business
or | ||||||
5 | inventory consists of household appliances
kept or sold on a | ||||||
6 | wholesale or retail basis. | ||||||
7 | "Household appliance" means any gas or electric device or | ||||||
8 | machine
marketed for use as home entertainment or for | ||||||
9 | facilitating or expediting
household tasks or chores. The term | ||||||
10 | shall include but not necessarily be
limited to refrigerators, | ||||||
11 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
12 | toasters, dishwashers, and other similar household items. | ||||||
13 | "Manufacturer's identification number" means any serial | ||||||
14 | number or
other similar numerical or alphabetical designation | ||||||
15 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
16 | imprinted upon or attached to a household
appliance or item by | ||||||
17 | the manufacturer for purposes of identifying a particular
| ||||||
18 | appliance or item individually or by lot number. | ||||||
19 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
20 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
21 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
22 | Felons or
Persons in the Custody of the
Department of | ||||||
23 | Corrections Facilities. | ||||||
24 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
25 | about his person or on his land or
in his own abode or fixed |
| |||||||
| |||||||
1 | place of business any weapon prohibited under
Section 24-1 of | ||||||
2 | this Act or any firearm or any firearm ammunition if the
person | ||||||
3 | has been convicted of a felony under the laws of this State or | ||||||
4 | any
other jurisdiction. This Section shall not apply if the | ||||||
5 | person has been
granted relief by the Director of the | ||||||
6 | Department of State Police
under Section 10 of the Firearm | ||||||
7 | Owners Identification
Card and Certificate of Handgun | ||||||
8 | Registration Act.
| ||||||
9 | (b) It is unlawful for any person confined in a penal | ||||||
10 | institution,
which is a facility of the Illinois Department of | ||||||
11 | Corrections, to possess
any weapon prohibited under Section | ||||||
12 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
13 | regardless of the intent with which he possesses it.
| ||||||
14 | (c) It shall be an affirmative defense to a violation of | ||||||
15 | subsection (b), that such possession was specifically | ||||||
16 | authorized by rule,
regulation, or directive of the Illinois | ||||||
17 | Department of Corrections or order
issued pursuant thereto.
| ||||||
18 | (d) The defense of necessity is not available to a person | ||||||
19 | who is charged
with a violation of subsection (b) of this | ||||||
20 | Section.
| ||||||
21 | (e) Sentence. Violation of this Section by a person not | ||||||
22 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
23 | which the person shall be sentenced to no less than 2 years and | ||||||
24 | no
more than 10 years and any second or subsequent violation | ||||||
25 | shall be a Class 2 felony for which the person shall be | ||||||
26 | sentenced to a term of imprisonment of not less than 3 years |
| |||||||
| |||||||
1 | and not more than 14 years. Violation of this Section by a | ||||||
2 | person not confined in a
penal institution who has been | ||||||
3 | convicted of a forcible felony, a felony
violation of Article | ||||||
4 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
5 | and Certificate of Handgun Registration Act, stalking or | ||||||
6 | aggravated stalking, or a Class 2 or greater felony
under the | ||||||
7 | Illinois Controlled Substances Act, the Cannabis Control Act, | ||||||
8 | or the Methamphetamine Control and Community Protection Act is | ||||||
9 | a
Class 2 felony for which the person
shall be sentenced to not | ||||||
10 | less than 3 years and not more than 14 years.
Violation of this | ||||||
11 | Section by a person who is on parole or mandatory supervised
| ||||||
12 | release is a Class 2 felony for which the person shall be | ||||||
13 | sentenced to not less than 3 years and not more than 14
years. | ||||||
14 | Violation of this Section by a person not confined in a penal
| ||||||
15 | institution is a Class X felony when the firearm possessed is a | ||||||
16 | machine gun.
Any person who violates this Section while | ||||||
17 | confined in a penal
institution, which is a facility of the | ||||||
18 | Illinois Department of
Corrections, is guilty of a Class 1
| ||||||
19 | felony, if he possesses any weapon prohibited under Section | ||||||
20 | 24-1 of this
Code regardless of the intent with which he | ||||||
21 | possesses it, a Class X
felony if he possesses any firearm, | ||||||
22 | firearm ammunition or explosive, and a
Class X felony for which | ||||||
23 | the offender shall be sentenced to not less than 12
years and | ||||||
24 | not more than 50 years when the firearm possessed is a machine
| ||||||
25 | gun. A violation of this Section while wearing or in possession | ||||||
26 | of body armor as defined in Section 33F-1 is a Class X felony |
| |||||||
| |||||||
1 | punishable by a term of imprisonment of not less than 10 years | ||||||
2 | and not more than 40 years.
The possession of each firearm or | ||||||
3 | firearm ammunition in violation of this Section constitutes a | ||||||
4 | single and separate violation.
| ||||||
5 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
6 | (720 ILCS 5/24-1.6) | ||||||
7 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
8 | (a) A person commits the offense of aggravated unlawful use | ||||||
9 | of a weapon when
he or she knowingly: | ||||||
10 | (1) Carries on or about his or her person or in any | ||||||
11 | vehicle or concealed
on or about his or her person except | ||||||
12 | when on his or her land or in his or her
abode, legal | ||||||
13 | dwelling, or fixed place of business, or on the land or in | ||||||
14 | the legal dwelling of another person as an invitee with | ||||||
15 | that person's permission, any pistol, revolver, stun gun or | ||||||
16 | taser or
other firearm; or | ||||||
17 | (2) Carries or possesses on or about his or her person, | ||||||
18 | upon any public
street, alley, or other public lands within | ||||||
19 | the corporate limits of a city,
village or incorporated | ||||||
20 | town, except when an invitee thereon or therein, for
the | ||||||
21 | purpose of the display of such weapon or the lawful | ||||||
22 | commerce in weapons, or
except when on his or her own land | ||||||
23 | or in his or her own abode, legal dwelling, or fixed place | ||||||
24 | of
business, or on the land or in the legal dwelling of | ||||||
25 | another person as an invitee with that person's permission, |
| |||||||
| |||||||
1 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
2 | and | ||||||
3 | (3) One of the following factors is present: | ||||||
4 | (A) the firearm, other than a pistol, revolver, or | ||||||
5 | handgun, possessed was uncased, loaded, and | ||||||
6 | immediately accessible
at the time of the offense; or | ||||||
7 | (A-5) the pistol, revolver, or handgun possessed | ||||||
8 | was uncased, loaded, and immediately accessible
at the | ||||||
9 | time of the offense and the person possessing the | ||||||
10 | pistol, revolver, or handgun has not been issued a | ||||||
11 | currently valid license under the Firearm Concealed | ||||||
12 | Carry Act; or | ||||||
13 | (B) the firearm, other than a pistol, revolver, or | ||||||
14 | handgun, possessed was uncased, unloaded, and the | ||||||
15 | ammunition for
the weapon was immediately accessible | ||||||
16 | at the time of the offense; or | ||||||
17 | (B-5) the pistol, revolver, or handgun possessed | ||||||
18 | was uncased, unloaded, and the ammunition for
the | ||||||
19 | weapon was immediately accessible at the time of the | ||||||
20 | offense and the person possessing the pistol, | ||||||
21 | revolver, or handgun has not been issued a currently | ||||||
22 | valid license under the Firearm Concealed Carry Act; or | ||||||
23 | (C) the person possessing the firearm has not been | ||||||
24 | issued a currently
valid Firearm Owner's | ||||||
25 | Identification Card; or | ||||||
26 | (D) the person possessing the weapon was |
| |||||||
| |||||||
1 | previously adjudicated
a delinquent minor under the | ||||||
2 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
3 | by an adult would be a felony; or | ||||||
4 | (E) the person possessing the weapon was engaged in | ||||||
5 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
6 | a misdemeanor violation of the Illinois Controlled | ||||||
7 | Substances
Act, or in a misdemeanor violation of the | ||||||
8 | Methamphetamine Control and Community Protection Act; | ||||||
9 | or | ||||||
10 | (F) (blank); or | ||||||
11 | (G) the person possessing the weapon had a order of | ||||||
12 | protection issued
against him or her within the | ||||||
13 | previous 2 years; or | ||||||
14 | (H) the person possessing the weapon was engaged in | ||||||
15 | the commission or
attempted commission of
a | ||||||
16 | misdemeanor involving the use or threat of violence | ||||||
17 | against
the person or property of another; or | ||||||
18 | (I) the person possessing the weapon was under 21 | ||||||
19 | years of age and in
possession of a handgun, unless the | ||||||
20 | person under 21
is engaged in lawful activities under | ||||||
21 | the Wildlife Code or described in
subsection | ||||||
22 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
23 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
24 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
25 | (b) "Stun gun or taser" as used in this Section has the | ||||||
26 | same definition
given to it in Section 24-1 of this Code. |
| |||||||
| |||||||
1 | (c) This Section does not apply to or affect the | ||||||
2 | transportation or
possession
of weapons that: | ||||||
3 | (i) are broken down in a non-functioning state; or | ||||||
4 | (ii) are not immediately accessible; or | ||||||
5 | (iii) are unloaded and enclosed in a case, firearm | ||||||
6 | carrying box,
shipping box, or other container by a person | ||||||
7 | who has been issued a currently
valid Firearm Owner's
| ||||||
8 | Identification Card. | ||||||
9 | (d) Sentence. | ||||||
10 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
11 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
12 | for which the person shall be sentenced to a term of | ||||||
13 | imprisonment of not less than 3 years and not more than 7 | ||||||
14 | years. | ||||||
15 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
16 | (4) of this subsection (d), a first offense of aggravated | ||||||
17 | unlawful use of a weapon committed with a firearm by a | ||||||
18 | person 18 years of age or older where the factors listed in | ||||||
19 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
20 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
21 | felony, for which the person shall be sentenced to a term | ||||||
22 | of imprisonment of not less than one year and not more than | ||||||
23 | 3 years. | ||||||
24 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
25 | has been previously
convicted of a felony in this State or | ||||||
26 | another jurisdiction is a Class 2
felony for which the |
| |||||||
| |||||||
1 | person shall be sentenced to a term of imprisonment of not | ||||||
2 | less than 3 years and not more than 7 years. | ||||||
3 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
4 | or in possession of body armor as defined in Section 33F-1 | ||||||
5 | by a person who has not been issued a valid Firearms | ||||||
6 | Owner's Identification Card and Certificate of Handgun | ||||||
7 | Registration in accordance with Section 5 of the Firearm | ||||||
8 | Owners Identification Card Act is a Class X felony.
| ||||||
9 | (e) The possession of each firearm in violation of this | ||||||
10 | Section constitutes a single and separate violation. | ||||||
11 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
12 | (720 ILCS 5/24-2)
| ||||||
13 | Sec. 24-2. Exemptions.
| ||||||
14 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
15 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
16 | the following:
| ||||||
17 | (1) Peace officers, and any person summoned by a peace | ||||||
18 | officer to
assist in making arrests or preserving the | ||||||
19 | peace, while actually engaged in
assisting such officer.
| ||||||
20 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
21 | penitentiaries, jails and other institutions for the | ||||||
22 | detention of persons
accused or convicted of an offense, | ||||||
23 | while in the performance of their
official duty, or while | ||||||
24 | commuting between their homes and places of employment.
| ||||||
25 | (3) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States
or the Illinois National Guard or the | ||||||
2 | Reserve Officers Training Corps,
while in the performance | ||||||
3 | of their official duty.
| ||||||
4 | (4) Special agents employed by a railroad or a public | ||||||
5 | utility to
perform police functions, and guards of armored | ||||||
6 | car companies, while
actually engaged in the performance of | ||||||
7 | the duties of their employment or
commuting between their | ||||||
8 | homes and places of employment; and watchmen
while actually | ||||||
9 | engaged in the performance of the duties of their | ||||||
10 | employment.
| ||||||
11 | (5) Persons licensed as private security contractors, | ||||||
12 | private
detectives, or private alarm contractors, or | ||||||
13 | employed by an agency
certified by the Department of | ||||||
14 | Financial and Professional Regulation, if their duties
| ||||||
15 | include the carrying of a weapon under the provisions of | ||||||
16 | the Private
Detective, Private Alarm,
Private Security, | ||||||
17 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
18 | actually
engaged in the performance of the duties of their | ||||||
19 | employment or commuting
between their homes and places of | ||||||
20 | employment, provided that such commuting
is accomplished | ||||||
21 | within one hour from departure from home or place of
| ||||||
22 | employment, as the case may be. A person shall be | ||||||
23 | considered eligible for this
exemption if he or she has | ||||||
24 | completed the required 20
hours of training for a private | ||||||
25 | security contractor, private
detective, or private alarm | ||||||
26 | contractor, or employee of a licensed agency and 20 hours |
| |||||||
| |||||||
1 | of required firearm
training, and has been issued a firearm | ||||||
2 | control card by
the Department of Financial and | ||||||
3 | Professional Regulation. Conditions for the renewal of
| ||||||
4 | firearm control cards issued under the provisions of this | ||||||
5 | Section
shall be the same as for those cards issued under | ||||||
6 | the provisions of the
Private Detective, Private Alarm,
| ||||||
7 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
8 | 2004. The
firearm control card shall be carried by the | ||||||
9 | private security contractor, private
detective, or private | ||||||
10 | alarm contractor, or employee of the licensed agency at all
| ||||||
11 | times when he or she is in possession of a concealable | ||||||
12 | weapon.
| ||||||
13 | (6) Any person regularly employed in a commercial or | ||||||
14 | industrial
operation as a security guard for the protection | ||||||
15 | of persons employed
and private property related to such | ||||||
16 | commercial or industrial
operation, while actually engaged | ||||||
17 | in the performance of his or her
duty or traveling between | ||||||
18 | sites or properties belonging to the
employer, and who, as | ||||||
19 | a security guard, is a member of a security force of
at | ||||||
20 | least 5 persons registered with the Department of Financial | ||||||
21 | and Professional
Regulation; provided that such security | ||||||
22 | guard has successfully completed a
course of study, | ||||||
23 | approved by and supervised by the Department of
Financial | ||||||
24 | and Professional Regulation, consisting of not less than 40 | ||||||
25 | hours of training
that includes the theory of law | ||||||
26 | enforcement, liability for acts, and the
handling of |
| |||||||
| |||||||
1 | weapons. A person shall be considered eligible for this
| ||||||
2 | exemption if he or she has completed the required 20
hours | ||||||
3 | of training for a security officer and 20 hours of required | ||||||
4 | firearm
training, and has been issued a firearm control | ||||||
5 | card by
the Department of Financial and Professional | ||||||
6 | Regulation. Conditions for the renewal of
firearm control | ||||||
7 | cards issued under the provisions of this Section
shall be | ||||||
8 | the same as for those cards issued under the provisions of | ||||||
9 | the
Private Detective, Private Alarm,
Private Security, | ||||||
10 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
11 | control card shall be carried by the security guard at all
| ||||||
12 | times when he or she is in possession of a concealable | ||||||
13 | weapon.
| ||||||
14 | (7) Agents and investigators of the Illinois | ||||||
15 | Legislative Investigating
Commission authorized by the | ||||||
16 | Commission to carry the weapons specified in
subsections | ||||||
17 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
18 | any investigation for the Commission.
| ||||||
19 | (8) Persons employed by a financial institution for the | ||||||
20 | protection of
other employees and property related to such | ||||||
21 | financial institution, while
actually engaged in the | ||||||
22 | performance of their duties, commuting between
their homes | ||||||
23 | and places of employment, or traveling between sites or
| ||||||
24 | properties owned or operated by such financial | ||||||
25 | institution, provided that
any person so employed has | ||||||
26 | successfully completed a course of study,
approved by and |
| |||||||
| |||||||
1 | supervised by the Department of Financial and Professional | ||||||
2 | Regulation,
consisting of not less than 40 hours of | ||||||
3 | training which includes theory of
law enforcement, | ||||||
4 | liability for acts, and the handling of weapons.
A person | ||||||
5 | shall be considered to be eligible for this exemption if he | ||||||
6 | or
she has completed the required 20 hours of training for | ||||||
7 | a security officer
and 20 hours of required firearm | ||||||
8 | training, and has been issued a
firearm control card by the | ||||||
9 | Department of Financial and Professional Regulation.
| ||||||
10 | Conditions for renewal of firearm control cards issued | ||||||
11 | under the
provisions of this Section shall be the same as | ||||||
12 | for those issued under the
provisions of the Private | ||||||
13 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
14 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
15 | card shall be carried by the person so
trained at all times | ||||||
16 | when such person is in possession of a concealable
weapon. | ||||||
17 | For purposes of this subsection, "financial institution" | ||||||
18 | means a
bank, savings and loan association, credit union or | ||||||
19 | company providing
armored car services.
| ||||||
20 | (9) Any person employed by an armored car company to | ||||||
21 | drive an armored
car, while actually engaged in the | ||||||
22 | performance of his duties.
| ||||||
23 | (10) Persons who have been classified as peace officers | ||||||
24 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
25 | (11) Investigators of the Office of the State's | ||||||
26 | Attorneys Appellate
Prosecutor authorized by the board of |
| |||||||
| |||||||
1 | governors of the Office of the
State's Attorneys Appellate | ||||||
2 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
3 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
4 | (12) Special investigators appointed by a State's | ||||||
5 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
6 | (12.5) Probation officers while in the performance of | ||||||
7 | their duties, or
while commuting between their homes, | ||||||
8 | places of employment or specific locations
that are part of | ||||||
9 | their assigned duties, with the consent of the chief judge | ||||||
10 | of
the circuit for which they are employed, if they have | ||||||
11 | received weapons training according
to requirements of the | ||||||
12 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
13 | (13) Court Security Officers while in the performance | ||||||
14 | of their official
duties, or while commuting between their | ||||||
15 | homes and places of employment, with
the
consent of the | ||||||
16 | Sheriff.
| ||||||
17 | (13.5) A person employed as an armed security guard at | ||||||
18 | a nuclear energy,
storage, weapons or development site or | ||||||
19 | facility regulated by the Nuclear
Regulatory Commission | ||||||
20 | who has completed the background screening and training
| ||||||
21 | mandated by the rules and regulations of the Nuclear | ||||||
22 | Regulatory Commission.
| ||||||
23 | (14) Manufacture, transportation, or sale of weapons | ||||||
24 | to
persons
authorized under subdivisions (1) through | ||||||
25 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
26 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
| |||||||
| |||||||
1 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
2 | or handgun and the person has been issued a currently valid | ||||||
3 | license under the Firearm Concealed Carry Act at the time of | ||||||
4 | the commission of the offense. | ||||||
5 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
6 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
7 | (1) Members of any club or organization organized for | ||||||
8 | the purpose of
practicing shooting at targets upon | ||||||
9 | established target ranges, whether
public or private, and | ||||||
10 | patrons of such ranges, while such members
or patrons are | ||||||
11 | using their firearms on those target ranges.
| ||||||
12 | (2) Duly authorized military or civil organizations | ||||||
13 | while parading,
with the special permission of the | ||||||
14 | Governor.
| ||||||
15 | (3) Hunters, trappers or fishermen with a license or
| ||||||
16 | permit while engaged in hunting,
trapping or fishing.
| ||||||
17 | (4) Transportation of weapons that are broken down in a
| ||||||
18 | non-functioning state or are not immediately accessible.
| ||||||
19 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
20 | gun or taser or other firearm on the land or in the legal | ||||||
21 | dwelling of another person as an invitee with that person's | ||||||
22 | permission. | ||||||
23 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
24 | of the
following:
| ||||||
25 | (1) Peace officers while in performance of their | ||||||
26 | official duties.
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons, | ||||||
2 | penitentiaries,
jails and other institutions for the | ||||||
3 | detention of persons accused or
convicted of an offense.
| ||||||
4 | (3) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States
or the Illinois National Guard, while in | ||||||
6 | the performance of their official
duty.
| ||||||
7 | (4) Manufacture, transportation, or sale of machine | ||||||
8 | guns to persons
authorized under subdivisions (1) through | ||||||
9 | (3) of this subsection to
possess machine guns, if the | ||||||
10 | machine guns are broken down in a
non-functioning state or | ||||||
11 | are not immediately accessible.
| ||||||
12 | (5) Persons licensed under federal law to manufacture | ||||||
13 | any weapon from
which 8 or more shots or bullets can be | ||||||
14 | discharged by a
single function of the firing device, or | ||||||
15 | ammunition for such weapons, and
actually engaged in the | ||||||
16 | business of manufacturing such weapons or
ammunition, but | ||||||
17 | only with respect to activities which are within the lawful
| ||||||
18 | scope of such business, such as the manufacture, | ||||||
19 | transportation, or testing
of such weapons or ammunition. | ||||||
20 | This exemption does not authorize the
general private | ||||||
21 | possession of any weapon from which 8 or more
shots or | ||||||
22 | bullets can be discharged by a single function of the | ||||||
23 | firing
device, but only such possession and activities as | ||||||
24 | are within the lawful
scope of a licensed manufacturing | ||||||
25 | business described in this paragraph.
| ||||||
26 | During transportation, such weapons shall be broken |
| |||||||
| |||||||
1 | down in a
non-functioning state or not immediately | ||||||
2 | accessible.
| ||||||
3 | (6) The manufacture, transport, testing, delivery, | ||||||
4 | transfer or sale,
and all lawful commercial or experimental | ||||||
5 | activities necessary thereto, of
rifles, shotguns, and | ||||||
6 | weapons made from rifles or shotguns,
or ammunition for | ||||||
7 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
8 | person operating as a contractor or subcontractor pursuant | ||||||
9 | to a
contract or subcontract for the development and supply | ||||||
10 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
11 | United States government or any
branch of the Armed Forces | ||||||
12 | of the United States, when such activities are
necessary | ||||||
13 | and incident to fulfilling the terms of such contract.
| ||||||
14 | The exemption granted under this subdivision (c)(6)
| ||||||
15 | shall also apply to any authorized agent of any such | ||||||
16 | contractor or
subcontractor who is operating within the | ||||||
17 | scope of his employment, where
such activities involving | ||||||
18 | such weapon, weapons or ammunition are necessary
and | ||||||
19 | incident to fulfilling the terms of such contract.
| ||||||
20 | (7) A person possessing a rifle with a barrel or | ||||||
21 | barrels less than 16 inches in length if: (A) the person | ||||||
22 | has been issued a Curios and Relics license from the U.S. | ||||||
23 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
24 | the person is an active member of a bona fide, nationally | ||||||
25 | recognized military re-enacting group and the modification | ||||||
26 | is required and necessary to accurately portray the weapon |
| |||||||
| |||||||
1 | for historical re-enactment purposes; the re-enactor is in | ||||||
2 | possession of a valid and current re-enacting group | ||||||
3 | membership credential; and the overall length of the weapon | ||||||
4 | as modified is not less than 26 inches. | ||||||
5 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
6 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
7 | officer.
| ||||||
8 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
9 | manager or
authorized employee of any place specified in that | ||||||
10 | subsection nor to any
law enforcement officer.
| ||||||
11 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
12 | Section 24-1.6
do not apply
to members of any club or | ||||||
13 | organization organized for the purpose of practicing
shooting | ||||||
14 | at targets upon established target ranges, whether public or | ||||||
15 | private,
while using their firearms on those target ranges.
| ||||||
16 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
17 | to:
| ||||||
18 | (1) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United
States or the Illinois National Guard, while in | ||||||
20 | the performance of their
official duty.
| ||||||
21 | (2) Bonafide collectors of antique or surplus military | ||||||
22 | ordinance.
| ||||||
23 | (3) Laboratories having a department of forensic | ||||||
24 | ballistics, or
specializing in the development of | ||||||
25 | ammunition or explosive ordinance.
| ||||||
26 | (4) Commerce, preparation, assembly or possession of |
| |||||||
| |||||||
1 | explosive
bullets by manufacturers of ammunition licensed | ||||||
2 | by the federal government,
in connection with the supply of | ||||||
3 | those organizations and persons exempted
by subdivision | ||||||
4 | (g)(1) of this Section, or like organizations and persons
| ||||||
5 | outside this State, or the transportation of explosive | ||||||
6 | bullets to any
organization or person exempted in this | ||||||
7 | Section by a common carrier or by a
vehicle owned or leased | ||||||
8 | by an exempted manufacturer.
| ||||||
9 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
10 | persons licensed
under federal law to manufacture any device or | ||||||
11 | attachment of any kind designed,
used, or intended for use in | ||||||
12 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
13 | for those firearms equipped with those devices, and actually | ||||||
14 | engaged in the
business of manufacturing those devices, | ||||||
15 | firearms, or ammunition, but only with
respect to
activities | ||||||
16 | that are within the lawful scope of that business, such as the
| ||||||
17 | manufacture, transportation, or testing of those devices, | ||||||
18 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
19 | general private possession of any device or
attachment of any | ||||||
20 | kind designed, used, or intended for use in silencing the
| ||||||
21 | report of any firearm, but only such possession and activities | ||||||
22 | as are within
the
lawful scope of a licensed manufacturing | ||||||
23 | business described in this subsection
(g-5). During | ||||||
24 | transportation, these devices shall be detached from any weapon
| ||||||
25 | or
not immediately accessible.
| ||||||
26 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
| |||||||
| |||||||
1 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
2 | supervisor who meets the qualifications and conditions | ||||||
3 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
4 | Corrections. | ||||||
5 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
6 | officer while serving as a member of a tactical response team | ||||||
7 | or special operations team. A peace officer may not personally | ||||||
8 | own or apply for ownership of a device or attachment of any | ||||||
9 | kind designed, used, or intended for use in silencing the | ||||||
10 | report of any firearm. These devices shall be owned and | ||||||
11 | maintained by lawfully recognized units of government whose | ||||||
12 | duties include the investigation of criminal acts. | ||||||
13 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
14 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
15 | athlete's possession, transport on official Olympic and | ||||||
16 | Paralympic transit systems established for athletes, or use of | ||||||
17 | competition firearms sanctioned by the International Olympic | ||||||
18 | Committee, the International Paralympic Committee, the | ||||||
19 | International Shooting Sport Federation, or USA Shooting in | ||||||
20 | connection with such athlete's training for and participation | ||||||
21 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
22 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
23 | and Paralympic Games. | ||||||
24 | (h) An information or indictment based upon a violation of | ||||||
25 | any
subsection of this Article need not negative any exemptions | ||||||
26 | contained in
this Article. The defendant shall have the burden |
| |||||||
| |||||||
1 | of proving such an
exemption.
| ||||||
2 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
3 | affect
the transportation, carrying, or possession, of any | ||||||
4 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
5 | to a common carrier operating
under license of the State of | ||||||
6 | Illinois or the federal government, where
such transportation, | ||||||
7 | carrying, or possession is incident to the lawful
| ||||||
8 | transportation in which such common carrier is engaged; and | ||||||
9 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
10 | transportation, carrying,
or possession of any pistol, | ||||||
11 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
12 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
13 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
14 | carrying box, shipping box, or other container, by the | ||||||
15 | possessor of a valid
Firearm Owners Identification Card or in | ||||||
16 | the case of a handgun by the possessor of a valid certificate | ||||||
17 | of handgun registration .
| ||||||
18 | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
19 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
20 | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .)
| ||||||
21 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
22 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
23 | (A) A person commits the offense of unlawful sale or | ||||||
24 | delivery of firearms when he
or she knowingly does any of the | ||||||
25 | following:
|
| |||||||
| |||||||
1 | (a) Sells or gives any firearm of a size which may be | ||||||
2 | concealed upon the
person to any person under 18 years of | ||||||
3 | age.
| ||||||
4 | (b) Sells or gives any firearm to a person under 21 | ||||||
5 | years of age who has
been convicted of a misdemeanor other | ||||||
6 | than a traffic offense or adjudged
delinquent.
| ||||||
7 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
8 | (d) Sells or gives any firearm to any person who has | ||||||
9 | been convicted of a
felony under the laws of this or any | ||||||
10 | other jurisdiction.
| ||||||
11 | (e) Sells or gives any firearm to any person who has | ||||||
12 | been a patient in a
mental institution within the past 5 | ||||||
13 | years. In this subsection (e): | ||||||
14 | "Mental institution" means any hospital, | ||||||
15 | institution, clinic, evaluation facility, mental | ||||||
16 | health center, or part thereof, which is used primarily | ||||||
17 | for the care or treatment of persons with mental | ||||||
18 | illness. | ||||||
19 | "Patient in a mental institution" means the person | ||||||
20 | was admitted, either voluntarily or involuntarily, to | ||||||
21 | a mental institution for mental health treatment, | ||||||
22 | unless the treatment was voluntary and solely for an | ||||||
23 | alcohol abuse disorder and no other secondary | ||||||
24 | substance abuse disorder or mental illness.
| ||||||
25 | (f) Sells or gives any firearms to any person who is | ||||||
26 | intellectually disabled.
|
| |||||||
| |||||||
1 | (g) Delivers any firearm of a size which may be | ||||||
2 | concealed upon the
person, incidental to a sale, without | ||||||
3 | withholding delivery of such firearm
for at least 72 hours | ||||||
4 | after application for its purchase has been made, or
| ||||||
5 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
6 | gun or taser, incidental to a sale,
without withholding | ||||||
7 | delivery of such rifle, shotgun or other long gun, or a | ||||||
8 | stun gun or taser for
at least 24 hours after application | ||||||
9 | for its purchase has been made.
However,
this paragraph (g) | ||||||
10 | does not apply to: (1) the sale of a firearm
to a law | ||||||
11 | enforcement officer if the seller of the firearm knows that | ||||||
12 | the person to whom he or she is selling the firearm is a | ||||||
13 | law enforcement officer or the sale of a firearm to a | ||||||
14 | person who desires to purchase a firearm for
use in | ||||||
15 | promoting the public interest incident to his or her | ||||||
16 | employment as a
bank guard, armed truck guard, or other | ||||||
17 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
18 | nonresident of Illinois under which the firearm
is mailed | ||||||
19 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
20 | of a firearm to a nonresident of Illinois while at a | ||||||
21 | firearm showing or display
recognized by the Illinois | ||||||
22 | Department of State Police; or (4) the sale of a
firearm to | ||||||
23 | a dealer licensed as a federal firearms dealer under | ||||||
24 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
25 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
26 | "application" means when the buyer and seller reach an |
| |||||||
| |||||||
1 | agreement to purchase a firearm.
| ||||||
2 | (h) While holding any license
as a dealer,
importer, | ||||||
3 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
4 | Act of 1968,
manufactures, sells or delivers to any | ||||||
5 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
6 | or receiver which is a die casting of zinc alloy or
any | ||||||
7 | other nonhomogeneous metal which will melt or deform at a | ||||||
8 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
9 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
10 | the Firearm Owners Identification Card and Certificate of | ||||||
11 | Handgun Registration Act; and (2)
"handgun" is defined as a | ||||||
12 | firearm designed to be held
and fired by the use of a | ||||||
13 | single hand, and includes a combination of parts from
which | ||||||
14 | such a firearm can be assembled.
| ||||||
15 | (i) Sells or gives a firearm of any size to any person | ||||||
16 | under 18 years of
age who does not possess a valid Firearm | ||||||
17 | Owner's Identification Card.
| ||||||
18 | (j) Sells or gives a firearm while engaged in the | ||||||
19 | business of selling
firearms at wholesale or retail without | ||||||
20 | being licensed as a federal firearms
dealer under Section | ||||||
21 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
22 | In this paragraph (j):
| ||||||
23 | A person "engaged in the business" means a person who | ||||||
24 | devotes time,
attention, and
labor to
engaging in the | ||||||
25 | activity as a regular course of trade or business with the
| ||||||
26 | principal objective of livelihood and profit, but does not |
| |||||||
| |||||||
1 | include a person who
makes occasional repairs of firearms | ||||||
2 | or who occasionally fits special barrels,
stocks, or | ||||||
3 | trigger mechanisms to firearms.
| ||||||
4 | "With the principal objective of livelihood and | ||||||
5 | profit" means that the
intent
underlying the sale or | ||||||
6 | disposition of firearms is predominantly one of
obtaining | ||||||
7 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
8 | such as
improving or liquidating a personal firearms | ||||||
9 | collection; however, proof of
profit shall not be required | ||||||
10 | as to a person who engages in the regular and
repetitive | ||||||
11 | purchase and disposition of firearms for criminal purposes | ||||||
12 | or
terrorism.
| ||||||
13 | (k) Sells or transfers ownership of a firearm to a | ||||||
14 | person who does not display to the seller or transferor of | ||||||
15 | the firearm a currently valid Firearm Owner's | ||||||
16 | Identification Card that has previously been issued in the | ||||||
17 | transferee's name by the Department of State Police under | ||||||
18 | the provisions of the Firearm Owners Identification Card | ||||||
19 | and Certificate of Handgun Registration Act. This | ||||||
20 | paragraph (k) does not apply to the transfer of a firearm | ||||||
21 | to a person who is exempt from the requirement of | ||||||
22 | possessing a Firearm Owner's Identification Card under | ||||||
23 | Section 2 of the Firearm Owners Identification Card and | ||||||
24 | Certificate of Handgun Registration Act. For the purposes | ||||||
25 | of this Section, a currently valid Firearm Owner's | ||||||
26 | Identification Card means (i) a Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card that has not expired or (ii) an | ||||||
2 | approval number issued in accordance with subsection | ||||||
3 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
4 | Identification Card and Certificate of Handgun | ||||||
5 | Registration Act shall be proof that the Firearm Owner's | ||||||
6 | Identification Card was valid. | ||||||
7 | (1) In addition to the other requirements of this | ||||||
8 | paragraph (k), all persons who are not federally | ||||||
9 | licensed firearms dealers must also have complied with | ||||||
10 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
11 | Identification Card Act by determining the validity of | ||||||
12 | a purchaser's Firearm Owner's Identification Card. | ||||||
13 | (2) All sellers or transferors who have complied | ||||||
14 | with the requirements of subparagraph (1) of this | ||||||
15 | paragraph (k) shall not be liable for damages in any | ||||||
16 | civil action arising from the use or misuse by the | ||||||
17 | transferee of the firearm transferred, except for | ||||||
18 | willful or wanton misconduct on the part of the seller | ||||||
19 | or transferor. | ||||||
20 | (l) Not
being entitled to the possession of a firearm, | ||||||
21 | delivers the
firearm, knowing it to have been stolen or | ||||||
22 | converted. It may be inferred that
a person who possesses a | ||||||
23 | firearm with knowledge that its serial number has
been | ||||||
24 | removed or altered has knowledge that the firearm is stolen | ||||||
25 | or converted. | ||||||
26 | (B) Paragraph (h) of subsection (A) does not include |
| |||||||
| |||||||
1 | firearms sold within 6
months after enactment of Public
Act | ||||||
2 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
3 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
4 | purchased by any citizen within 6 months after the
enactment of | ||||||
5 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
6 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
7 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
8 | if that firearm was legally held or acquired within 6 months | ||||||
9 | after
the enactment of that Public Act.
| ||||||
10 | (C) Sentence.
| ||||||
11 | (1) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
13 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
14 | (2) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (b) or (i) of | ||||||
16 | subsection (A) commits a Class 3 felony.
| ||||||
17 | (3) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
19 | commits a Class 2 felony.
| ||||||
20 | (4) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
22 | subsection (A) in any school, on the real
property | ||||||
23 | comprising a school, within 1,000 feet of the real property | ||||||
24 | comprising
a school, at a school related activity, or on or | ||||||
25 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
26 | contracted by a school or school district to
transport |
| |||||||
| |||||||
1 | students to or from school or a school related activity,
| ||||||
2 | regardless of the time of day or time of year at which the | ||||||
3 | offense
was committed, commits a Class 1 felony. Any person | ||||||
4 | convicted of a second
or subsequent violation of unlawful | ||||||
5 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
6 | (b), or (i) of subsection (A) in any school, on the real | ||||||
7 | property
comprising a school, within 1,000 feet of the real | ||||||
8 | property comprising a
school, at a school related activity, | ||||||
9 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
10 | or contracted by a school or school district to
transport | ||||||
11 | students to or from school or a school related activity,
| ||||||
12 | regardless of the time of day or time of year at which the | ||||||
13 | offense
was committed, commits a Class 1 felony for which | ||||||
14 | the sentence shall be a
term of imprisonment of no less | ||||||
15 | than 5 years and no more than 15 years.
| ||||||
16 | (5) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a) or (i) of | ||||||
18 | subsection (A) in residential property owned,
operated, or | ||||||
19 | managed by a public housing agency or leased by a public | ||||||
20 | housing
agency as part of a scattered site or mixed-income | ||||||
21 | development, in a public
park, in a
courthouse, on | ||||||
22 | residential property owned, operated, or managed by a | ||||||
23 | public
housing agency or leased by a public housing agency | ||||||
24 | as part of a scattered site
or mixed-income development, on | ||||||
25 | the real property comprising any public park,
on the real
| ||||||
26 | property comprising any courthouse, or on any public way |
| |||||||
| |||||||
1 | within 1,000 feet
of the real property comprising any | ||||||
2 | public park, courthouse, or residential
property owned, | ||||||
3 | operated, or managed by a public housing agency or leased | ||||||
4 | by a
public housing agency as part of a scattered site or | ||||||
5 | mixed-income development
commits a
Class 2 felony.
| ||||||
6 | (6) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
8 | commits a Class A misdemeanor. A second or
subsequent | ||||||
9 | violation is a Class 4 felony. | ||||||
10 | (7) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
12 | commits a Class 4 felony, except that a violation of | ||||||
13 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
14 | not be punishable as a crime or petty offense. A third or | ||||||
15 | subsequent conviction for a violation of paragraph (k) of | ||||||
16 | subsection (A) is a Class 1 felony.
| ||||||
17 | (8) A person 18 years of age or older convicted of | ||||||
18 | unlawful sale or delivery of firearms in violation of | ||||||
19 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
20 | that was sold or given to another person under 18 years of | ||||||
21 | age was used in the commission of or attempt to commit a | ||||||
22 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
23 | to exceed the maximum provided for the most serious | ||||||
24 | forcible felony so committed or attempted by the person | ||||||
25 | under 18 years of age who was sold or given the firearm. | ||||||
26 | (9) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
2 | commits a Class 3 felony. | ||||||
3 | (10) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
5 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
6 | Any person convicted of unlawful sale or delivery of | ||||||
7 | firearms in violation of paragraph (l) of subsection (A) | ||||||
8 | commits a Class 1 felony if the delivery is of not less | ||||||
9 | than 2 and not more than 5 firearms at the
same time or | ||||||
10 | within a one year period. Any person convicted of unlawful | ||||||
11 | sale or delivery of firearms in violation of paragraph (l) | ||||||
12 | of subsection (A) commits a Class X felony for which he or | ||||||
13 | she shall be sentenced
to a term of imprisonment of not | ||||||
14 | less than 6 years and not more than 30
years if the | ||||||
15 | delivery is of not less than 6 and not more than 10 | ||||||
16 | firearms at the
same time or within a 2 year period. Any | ||||||
17 | person convicted of unlawful sale or delivery of firearms | ||||||
18 | in violation of paragraph (l) of subsection (A) commits a | ||||||
19 | Class X felony for which he or she shall be sentenced
to a | ||||||
20 | term of imprisonment of not less than 6 years and not more | ||||||
21 | than 40
years if the delivery is of not less than 11 and | ||||||
22 | not more than 20 firearms at the
same time or within a 3 | ||||||
23 | year period. Any person convicted of unlawful sale or | ||||||
24 | delivery of firearms in violation of paragraph (l) of | ||||||
25 | subsection (A) commits a Class X felony for which he or she | ||||||
26 | shall be sentenced
to a term of imprisonment of not less |
| |||||||
| |||||||
1 | than 6 years and not more than 50
years if the delivery is | ||||||
2 | of not less than 21 and not more than 30 firearms at the
| ||||||
3 | same time or within a 4 year period. Any person convicted | ||||||
4 | of unlawful sale or delivery of firearms in violation of | ||||||
5 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
6 | for which he or she shall be sentenced
to a term of | ||||||
7 | imprisonment of not less than 6 years and not more than 60
| ||||||
8 | years if the delivery is of 31 or more firearms at the
same | ||||||
9 | time or within a 5 year period. | ||||||
10 | (D) For purposes of this Section:
| ||||||
11 | "School" means a public or private elementary or secondary | ||||||
12 | school,
community college, college, or university.
| ||||||
13 | "School related activity" means any sporting, social, | ||||||
14 | academic, or
other activity for which students' attendance or | ||||||
15 | participation is sponsored,
organized, or funded in whole or in | ||||||
16 | part by a school or school district.
| ||||||
17 | (E) A prosecution for a violation of paragraph (k) of | ||||||
18 | subsection (A) of this Section may be commenced within 6 years | ||||||
19 | after the commission of the offense. A prosecution for a | ||||||
20 | violation of this Section other than paragraph (g) of | ||||||
21 | subsection (A) of this Section may be commenced within 5 years | ||||||
22 | after the commission of the offense defined in the particular | ||||||
23 | paragraph.
| ||||||
24 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
25 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
| ||||||
2 | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
| ||||||
3 | (a) A person
commits the offense of unlawful discharge of | ||||||
4 | firearm projectiles when he
or she knowingly
or recklessly uses | ||||||
5 | an armor piercing bullet, dragon's
breath shotgun shell, bolo | ||||||
6 | shell, or flechette
shell
in violation of
this Section.
| ||||||
7 | For purposes of this Section:
| ||||||
8 | "Armor piercing bullet" means
any handgun bullet or handgun | ||||||
9 | ammunition with projectiles or projectile cores
constructed | ||||||
10 | entirely (excluding the presence of traces of other substances)
| ||||||
11 | from tungsten alloys, steel, iron, brass, bronze, beryllium | ||||||
12 | copper
or depleted uranium, or fully jacketed bullets larger | ||||||
13 | than 22 caliber whose
jacket
has a weight of more than 25% of | ||||||
14 | the total weight of the projectile, and
excluding those handgun
| ||||||
15 | projectiles whose cores are composed of soft materials such as | ||||||
16 | lead or lead
alloys, zinc or zinc alloys, frangible projectiles | ||||||
17 | designed primarily for
sporting purposes, and any
other | ||||||
18 | projectiles or projectile cores that the U. S. Secretary of the | ||||||
19 | Treasury
finds to be primarily intended to be used for sporting | ||||||
20 | purposes or industrial
purposes or that otherwise does not | ||||||
21 | constitute "armor piercing ammunition" as
that term is defined | ||||||
22 | by federal law.
| ||||||
23 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
24 | that contains
exothermic pyrophoric mesh metal as the | ||||||
25 | projectile and is designed for the
purpose of throwing or | ||||||
26 | spewing a flame or fireball to simulate a flame-thrower.
|
| |||||||
| |||||||
1 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
2 | and expels as
projectiles 2 or more metal balls connected by | ||||||
3 | solid metal wire.
| ||||||
4 | "Flechette shell" means any shell that can be fired in a | ||||||
5 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
6 | metal wire or 2 or more solid
dart-type
projectiles.
| ||||||
7 | (b) A person commits a Class X felony when he or she, | ||||||
8 | knowing that a
firearm,
as defined in Section 1.1 of the | ||||||
9 | Firearm Owners Identification Card
and Certificate of Handgun | ||||||
10 | Registration Act, is loaded with an armor
piercing bullet, | ||||||
11 | dragon's breath shotgun shell, bolo
shell, or flechette
shell,
| ||||||
12 | intentionally or recklessly discharges such firearm and such | ||||||
13 | bullet or
shell strikes
any other person.
| ||||||
14 | (c) Any person who possesses, concealed on or about his or | ||||||
15 | her person,
an armor
piercing bullet, dragon's breath shotgun | ||||||
16 | shell, bolo
shell, or flechette
shell
and a firearm suitable | ||||||
17 | for the discharge thereof is guilty
of a Class 2 felony.
| ||||||
18 | (d) This Section does not apply to or affect any of the | ||||||
19 | following:
| ||||||
20 | (1) Peace officers;
| ||||||
21 | (2) Wardens, superintendents and keepers of prisons, | ||||||
22 | penitentiaries, jails
and other institutions for the | ||||||
23 | detention of persons accused or convicted of an
offense;
| ||||||
24 | (3) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States
or the Illinois National Guard while in | ||||||
26 | the performance of their official
duties;
|
| |||||||
| |||||||
1 | (4) Federal officials required to carry firearms, | ||||||
2 | while engaged in the
performance of their official duties;
| ||||||
3 | (5) United States Marshals, while engaged in the | ||||||
4 | performance of their
official duties.
| ||||||
5 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
6 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
7 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
8 | (a) It shall be unlawful for any person who holds a license | ||||||
9 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
10 | Liquor Control
Commission or local liquor control commissioner | ||||||
11 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
12 | the licensee to sell or deliver to any
other person a firearm | ||||||
13 | in or on the real property of the establishment
where the | ||||||
14 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
15 | or
delivery of the firearm is otherwise lawful under this | ||||||
16 | Article and under the
Firearm Owners Identification Card and | ||||||
17 | Certificate of Handgun Registration Act.
| ||||||
18 | (b) Sentence. A violation of subsection (a) of this Section | ||||||
19 | is a
Class 4 felony.
| ||||||
20 | (Source: P.A. 87-591.)
| ||||||
21 | (720 ILCS 5/24-3.5)
| ||||||
22 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
23 | (a) For purposes of this Section,
"firearms transaction | ||||||
24 | record form" means a form:
|
| |||||||
| |||||||
1 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
2 | the transferee's name and address (including county
or | ||||||
3 | similar political subdivision); (ii) whether the | ||||||
4 | transferee is a citizen of
the United States;
(iii) the | ||||||
5 | transferee's State of residence; and (iv) the date and | ||||||
6 | place of
birth, height, weight, and race of the transferee; | ||||||
7 | and
| ||||||
8 | (2) on which the transferee certifies that he or she is | ||||||
9 | not
prohibited by federal law from transporting or shipping | ||||||
10 | a firearm
in interstate or foreign commerce or receiving a | ||||||
11 | firearm that has been shipped
or transported in interstate | ||||||
12 | or foreign commerce or possessing a firearm in or
affecting | ||||||
13 | commerce.
| ||||||
14 | (b) A person commits the offense of unlawful purchase of a | ||||||
15 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
16 | firearm with the intent to deliver that firearm to another | ||||||
17 | person who
is prohibited by federal or State law from | ||||||
18 | possessing a firearm.
| ||||||
19 | (c) A person commits the offense of unlawful purchase of a | ||||||
20 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
21 | a firearm, intentionally
provides false or
misleading | ||||||
22 | information on a United States Department of the Treasury, | ||||||
23 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
24 | record form.
| ||||||
25 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
26 | this Section for a
person to make a gift or loan of a firearm to |
| |||||||
| |||||||
1 | a
person who is not
prohibited by federal or State law from | ||||||
2 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
3 | accordance with Section 3 of the Firearm Owners Identification | ||||||
4 | Card
and Certificate of Handgun Registration Act.
| ||||||
5 | (e) Sentence.
| ||||||
6 | (1) A person who commits the offense of unlawful | ||||||
7 | purchase of a
firearm:
| ||||||
8 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
9 | attempting to
purchase one firearm;
| ||||||
10 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
11 | attempting to
purchase not less than 2
firearms and not | ||||||
12 | more than 5 firearms at the same time or within a one
| ||||||
13 | year period;
| ||||||
14 | (C) is guilty of a Class X felony for which the | ||||||
15 | offender shall be sentenced to a term of imprisonment | ||||||
16 | of not less than 9 years and not more than 40 years for | ||||||
17 | purchasing or attempting to
purchase not less than 6
| ||||||
18 | firearms at the same time or within a 2
year period.
| ||||||
19 | (2) In addition to any other penalty that may be | ||||||
20 | imposed for a violation
of this Section, the court may | ||||||
21 | sentence a person convicted of a violation of
subsection | ||||||
22 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
23 | each
violation.
| ||||||
24 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
25 | commenced within 6 years after the commission of the offense.
| ||||||
26 | (Source: P.A. 95-882, eff. 1-1-09.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-9)
| ||||||
2 | Sec. 24-9. Firearms; Child Protection.
| ||||||
3 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
4 | for any person to
store or leave, within premises under his or | ||||||
5 | her control, a firearm if
the
person knows or has reason to | ||||||
6 | believe that a minor under the age of 14
years who does not | ||||||
7 | have a Firearm Owners Identification Card is likely to gain
| ||||||
8 | access to the firearm without the lawful permission
of the | ||||||
9 | minor's parent, guardian, or person having charge of the minor, | ||||||
10 | and
the minor causes death or great bodily harm with the | ||||||
11 | firearm, unless
the firearm is:
| ||||||
12 | (1) secured by a device or mechanism, other than the | ||||||
13 | firearm safety,
designed to render a firearm temporarily | ||||||
14 | inoperable; or
| ||||||
15 | (2) placed in a securely locked box or container; or
| ||||||
16 | (3) placed in some other location that a reasonable | ||||||
17 | person would
believe to be secure from a minor under the | ||||||
18 | age of 14 years.
| ||||||
19 | (b) Sentence. A person who violates this Section is guilty | ||||||
20 | of a Class C
misdemeanor and shall be fined not less than | ||||||
21 | $1,000. A second or subsequent
violation of this Section is a | ||||||
22 | Class A misdemeanor.
| ||||||
23 | (c) Subsection (a) does not apply:
| ||||||
24 | (1) if the minor under 14 years of age gains access to | ||||||
25 | a
firearm and uses it in a lawful act of self-defense or |
| |||||||
| |||||||
1 | defense of another; or
| ||||||
2 | (2) to any firearm obtained by a minor under the age of | ||||||
3 | 14 because of
an unlawful entry of the premises by the | ||||||
4 | minor or another person.
| ||||||
5 | (d) For the purposes of this Section, "firearm" has the | ||||||
6 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
7 | Identification Card and Certificate of Handgun Registration | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 91-18, eff. 1-1-00.)
| ||||||
10 | Section 45. The Methamphetamine Control and Community | ||||||
11 | Protection Act is amended by changing Section 10 as follows: | ||||||
12 | (720 ILCS 646/10)
| ||||||
13 | Sec. 10. Definitions. As used in this Act: | ||||||
14 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
15 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
16 | "Anhydrous ammonia equipment" means all items used to | ||||||
17 | store, hold, contain, handle, transfer, transport, or apply | ||||||
18 | anhydrous ammonia for lawful purposes.
| ||||||
19 | "Booby trap" means any device designed to cause physical | ||||||
20 | injury when triggered by an act of a person approaching, | ||||||
21 | entering, or moving through a structure, a vehicle, or any | ||||||
22 | location where methamphetamine has been manufactured, is being | ||||||
23 | manufactured, or is intended to be manufactured.
| ||||||
24 | "Deliver" or "delivery" has the meaning provided in |
| |||||||
| |||||||
1 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
2 | Substances Act.
| ||||||
3 | "Director" means the Director of State Police or the | ||||||
4 | Director's designated agents.
| ||||||
5 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
6 | release, deposit, inject, dump, spill, leak, or place | ||||||
7 | methamphetamine waste onto or into any land, water, or well of | ||||||
8 | any type so that the waste has the potential to enter the | ||||||
9 | environment, be emitted into the air, or be discharged into the | ||||||
10 | soil or any waters, including groundwater.
| ||||||
11 | "Emergency response" means the act of collecting evidence | ||||||
12 | from or securing a methamphetamine laboratory site, | ||||||
13 | methamphetamine waste site or other methamphetamine-related | ||||||
14 | site and cleaning up the site, whether these actions are | ||||||
15 | performed by public entities or private contractors paid by | ||||||
16 | public entities.
| ||||||
17 | "Emergency service provider" means a local, State, or | ||||||
18 | federal peace officer, firefighter, emergency medical | ||||||
19 | technician-ambulance, emergency
medical | ||||||
20 | technician-intermediate, emergency medical | ||||||
21 | technician-paramedic, ambulance driver, or other medical or | ||||||
22 | first aid personnel rendering aid, or any agent or designee of | ||||||
23 | the foregoing.
| ||||||
24 | "Finished methamphetamine" means methamphetamine in a form | ||||||
25 | commonly used for personal consumption. | ||||||
26 | "Firearm" has the meaning provided in Section 1.1 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
2 | Registration Act.
| ||||||
3 | "Manufacture" means to produce, prepare, compound, | ||||||
4 | convert, process, synthesize, concentrate, purify, separate, | ||||||
5 | extract, or package any methamphetamine, methamphetamine | ||||||
6 | precursor, methamphetamine manufacturing catalyst, | ||||||
7 | methamphetamine manufacturing reagent, methamphetamine | ||||||
8 | manufacturing solvent, or any substance containing any of the | ||||||
9 | foregoing.
| ||||||
10 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
11 | Schedule II controlled substance under the Illinois Controlled | ||||||
12 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
13 | isomer, or analog thereof, with the exception of | ||||||
14 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
15 | scheduled substance with a separate listing under the Illinois | ||||||
16 | Controlled Substances Act. | ||||||
17 | "Methamphetamine manufacturing catalyst" means any | ||||||
18 | substance that has been used, is being used, or is intended to | ||||||
19 | be used to activate, accelerate, extend, or improve a chemical | ||||||
20 | reaction involved in the manufacture of methamphetamine.
| ||||||
21 | "Methamphetamine manufacturing environment" means a | ||||||
22 | structure or vehicle in which:
| ||||||
23 | (1) methamphetamine is being or has been manufactured;
| ||||||
24 | (2) chemicals that are being used, have been used, or | ||||||
25 | are intended to be used to manufacture methamphetamine are | ||||||
26 | stored;
|
| |||||||
| |||||||
1 | (3) methamphetamine manufacturing materials that have | ||||||
2 | been used to manufacture methamphetamine are stored; or
| ||||||
3 | (4) methamphetamine manufacturing waste is stored.
| ||||||
4 | "Methamphetamine manufacturing material" means any | ||||||
5 | methamphetamine precursor, substance containing any | ||||||
6 | methamphetamine precursor, methamphetamine manufacturing | ||||||
7 | catalyst, substance containing any methamphetamine | ||||||
8 | manufacturing catalyst, methamphetamine manufacturing reagent, | ||||||
9 | substance containing any methamphetamine manufacturing | ||||||
10 | reagent, methamphetamine manufacturing solvent, substance | ||||||
11 | containing any methamphetamine manufacturing solvent, or any | ||||||
12 | other chemical, substance, ingredient, equipment, apparatus, | ||||||
13 | or item that is being used, has been used, or is intended to be | ||||||
14 | used in the manufacture of methamphetamine.
| ||||||
15 | "Methamphetamine manufacturing reagent" means any | ||||||
16 | substance other than a methamphetamine manufacturing catalyst | ||||||
17 | that has been used, is being used, or is intended to be used to | ||||||
18 | react with and chemically alter any methamphetamine precursor. | ||||||
19 | "Methamphetamine manufacturing solvent" means any | ||||||
20 | substance that has been used, is being used, or is intended to | ||||||
21 | be used as a medium in which any methamphetamine precursor, | ||||||
22 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
23 | manufacturing reagent, or any substance containing any of the | ||||||
24 | foregoing is dissolved, diluted, or washed during any part of | ||||||
25 | the methamphetamine manufacturing process.
| ||||||
26 | "Methamphetamine manufacturing waste" means any chemical, |
| |||||||
| |||||||
1 | substance, ingredient, equipment, apparatus, or item that is | ||||||
2 | left over from, results from, or is produced by the process of | ||||||
3 | manufacturing methamphetamine, other than finished | ||||||
4 | methamphetamine.
| ||||||
5 | "Methamphetamine precursor" means ephedrine, | ||||||
6 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
7 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
8 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
9 | "Multi-unit dwelling" means a unified structure used or | ||||||
10 | intended for use as a habitation, home, or residence that | ||||||
11 | contains 2 or more condominiums, apartments, hotel rooms, motel | ||||||
12 | rooms, or other living units.
| ||||||
13 | "Package" means an item marked for retail sale that is not | ||||||
14 | designed to be further broken down or subdivided for the | ||||||
15 | purpose of retail sale.
| ||||||
16 | "Participate" or "participation" in the manufacture of | ||||||
17 | methamphetamine means to produce, prepare, compound, convert, | ||||||
18 | process, synthesize, concentrate, purify, separate, extract, | ||||||
19 | or package any methamphetamine, methamphetamine precursor, | ||||||
20 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
21 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
22 | or any substance containing any of the foregoing, or to assist | ||||||
23 | in any of these actions, or to attempt to take any of these | ||||||
24 | actions, regardless of whether this action or these actions | ||||||
25 | result in the production of finished methamphetamine.
| ||||||
26 | "Person with a disability" means a person who suffers from |
| |||||||
| |||||||
1 | a permanent physical or mental impairment resulting from | ||||||
2 | disease, injury, functional disorder, or congenital condition | ||||||
3 | which renders the person incapable of adequately providing for | ||||||
4 | his or her own health and personal care.
| ||||||
5 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
6 | obtain, by legal or illegal means, or to cause another to take | ||||||
7 | such action.
| ||||||
8 | "Second or subsequent offense" means an offense under this | ||||||
9 | Act committed by an offender who previously committed an | ||||||
10 | offense under this Act, the Illinois Controlled Substances Act, | ||||||
11 | the Cannabis Control Act, or another Act of this State, another | ||||||
12 | state, or the United States relating to methamphetamine, | ||||||
13 | cannabis, or any other controlled substance.
| ||||||
14 | "Standard dosage form", as used in relation to any | ||||||
15 | methamphetamine precursor, means that the methamphetamine | ||||||
16 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
17 | cap, or liquid cap that has been manufactured by a lawful | ||||||
18 | entity and contains a standard quantity of methamphetamine | ||||||
19 | precursor.
| ||||||
20 | "Unauthorized container", as used in relation to anhydrous | ||||||
21 | ammonia, means any container that is not designed for the | ||||||
22 | specific and sole purpose of holding, storing, transporting, or | ||||||
23 | applying anhydrous ammonia. "Unauthorized container" includes, | ||||||
24 | but is not limited to, any propane tank, fire extinguisher, | ||||||
25 | oxygen cylinder, gasoline can, food or beverage cooler, or | ||||||
26 | compressed gas cylinder used in dispensing fountain drinks. |
| |||||||
| |||||||
1 | "Unauthorized container" does not encompass anhydrous ammonia | ||||||
2 | manufacturing plants, refrigeration systems
where anhydrous | ||||||
3 | ammonia is used solely as a refrigerant, anhydrous ammonia | ||||||
4 | transportation pipelines, anhydrous ammonia tankers, or | ||||||
5 | anhydrous ammonia barges.
| ||||||
6 | (Source: P.A. 97-434, eff. 1-1-12.) | ||||||
7 | Section 46. The Code of Criminal Procedure of 1963 is | ||||||
8 | amended by changing Section 112A-14 as follows:
| ||||||
9 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
10 | Sec. 112A-14. Order of protection; remedies.
| ||||||
11 | (a) Issuance of order. If the court finds that petitioner | ||||||
12 | has been
abused by a family or household member, as defined in | ||||||
13 | this Article, an
order of protection prohibiting such abuse | ||||||
14 | shall issue; provided that
petitioner must also satisfy the | ||||||
15 | requirements of one of the following
Sections, as appropriate: | ||||||
16 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
17 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
18 | not be denied an order of protection because petitioner or
| ||||||
19 | respondent is a minor. The court, when determining whether or | ||||||
20 | not to issue
an order of protection, shall not require physical | ||||||
21 | manifestations of abuse
on the person of the victim. | ||||||
22 | Modification and extension of prior orders of
protection shall | ||||||
23 | be in accordance with this Article.
| ||||||
24 | (b) Remedies and standards. The remedies to be included in |
| |||||||
| |||||||
1 | an order of
protection shall be determined in accordance with | ||||||
2 | this Section and one of
the following Sections, as appropriate: | ||||||
3 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
4 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
5 | listed in this subsection shall be in addition to other civil
| ||||||
6 | or criminal remedies available to petitioner.
| ||||||
7 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
8 | harassment,
interference with personal liberty, | ||||||
9 | intimidation of a dependent, physical
abuse or willful | ||||||
10 | deprivation, as defined in this Article, if such abuse has
| ||||||
11 | occurred or otherwise appears likely to occur if not | ||||||
12 | prohibited.
| ||||||
13 | (2) Grant of exclusive possession of residence. | ||||||
14 | Prohibit respondent
from entering or remaining in any | ||||||
15 | residence, household, or premises of the petitioner,
| ||||||
16 | including one owned or leased by respondent, if petitioner | ||||||
17 | has a right
to occupancy thereof. The grant of exclusive | ||||||
18 | possession of the residence, household, or premises
shall | ||||||
19 | not affect title to real property, nor shall the court be | ||||||
20 | limited by
the standard set forth in Section 701 of the | ||||||
21 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
22 | (A) Right to occupancy. A party has a right to | ||||||
23 | occupancy of a
residence or household if it is
solely | ||||||
24 | or jointly owned or leased by that party, that party's | ||||||
25 | spouse, a
person with a legal duty to support that | ||||||
26 | party or a minor child in that
party's care, or by any |
| |||||||
| |||||||
1 | person or entity other than the opposing party that
| ||||||
2 | authorizes that party's occupancy (e.g., a domestic | ||||||
3 | violence shelter).
Standards set forth in subparagraph | ||||||
4 | (B) shall not preclude equitable relief.
| ||||||
5 | (B) Presumption of hardships. If petitioner and | ||||||
6 | respondent
each has the right to occupancy of a | ||||||
7 | residence or household, the court
shall balance (i) the | ||||||
8 | hardships to respondent and any minor child or
| ||||||
9 | dependent adult in respondent's care resulting from | ||||||
10 | entry of this remedy with (ii)
the hardships to | ||||||
11 | petitioner and any minor child or dependent adult in
| ||||||
12 | petitioner's care resulting from continued exposure to | ||||||
13 | the risk of abuse (should
petitioner remain at the | ||||||
14 | residence or household) or from loss of possession
of | ||||||
15 | the residence or household (should petitioner leave to | ||||||
16 | avoid the risk
of abuse). When determining the balance | ||||||
17 | of hardships, the court shall also
take into account | ||||||
18 | the accessibility of the residence or household.
| ||||||
19 | Hardships need not be balanced if respondent does not | ||||||
20 | have a right to occupancy.
| ||||||
21 | The balance of hardships is presumed to favor | ||||||
22 | possession by
petitioner unless the presumption is | ||||||
23 | rebutted by a preponderance of the
evidence, showing | ||||||
24 | that the hardships to respondent substantially | ||||||
25 | outweigh
the hardships to petitioner and any minor | ||||||
26 | child or dependent adult in petitioner's
care. The |
| |||||||
| |||||||
1 | court, on the request of petitioner or on its own | ||||||
2 | motion,
may order respondent to provide suitable, | ||||||
3 | accessible, alternate housing
for petitioner instead | ||||||
4 | of
excluding respondent from a mutual residence or | ||||||
5 | household.
| ||||||
6 | (3) Stay away order and additional prohibitions.
Order | ||||||
7 | respondent to stay away from petitioner or any other person
| ||||||
8 | protected by the order of protection, or prohibit | ||||||
9 | respondent from entering
or remaining present at | ||||||
10 | petitioner's school, place of employment, or other
| ||||||
11 | specified places at times when petitioner is present, or | ||||||
12 | both, if
reasonable, given
the balance of hardships. | ||||||
13 | Hardships need not be balanced for the court
to enter a | ||||||
14 | stay away order or prohibit entry
if respondent has no | ||||||
15 | right to enter the premises.
| ||||||
16 | If an order of protection grants petitioner exclusive | ||||||
17 | possession
of the residence, or prohibits respondent from | ||||||
18 | entering the residence,
or orders respondent to stay away | ||||||
19 | from petitioner or other
protected persons, then the court | ||||||
20 | may allow respondent access to the
residence to remove | ||||||
21 | items of clothing and personal adornment
used exclusively | ||||||
22 | by respondent, medications, and other items as the court | ||||||
23 | directs.
The right to access shall be exercised on only one | ||||||
24 | occasion as the court directs
and in the presence of an | ||||||
25 | agreed-upon adult third party or law enforcement officer.
| ||||||
26 | (4) Counseling. Require or recommend the respondent to |
| |||||||
| |||||||
1 | undergo
counseling for a specified duration with a social | ||||||
2 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
3 | family service agency, alcohol or
substance abuse program, | ||||||
4 | mental health center guidance counselor, agency
providing | ||||||
5 | services to elders, program designed for domestic violence
| ||||||
6 | abusers or any other guidance service the court deems | ||||||
7 | appropriate. The court may order the respondent in any | ||||||
8 | intimate partner relationship to report to an Illinois | ||||||
9 | Department of Human Services protocol approved partner | ||||||
10 | abuse intervention program for an assessment and to follow | ||||||
11 | all recommended treatment.
| ||||||
12 | (5) Physical care and possession of the minor child. In | ||||||
13 | order to protect
the minor child from abuse, neglect, or | ||||||
14 | unwarranted separation from the person
who has been the | ||||||
15 | minor child's primary caretaker, or to otherwise protect | ||||||
16 | the
well-being of the minor child, the court may do either | ||||||
17 | or both of the following:
(i) grant petitioner physical | ||||||
18 | care or possession of the minor child, or both, or
(ii) | ||||||
19 | order respondent to return a minor child to, or not remove | ||||||
20 | a minor child
from, the physical care of a parent or person | ||||||
21 | in loco parentis.
| ||||||
22 | If a court finds, after a hearing, that respondent has | ||||||
23 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
24 | child, there shall be a
rebuttable presumption that | ||||||
25 | awarding physical care to respondent would not
be in the | ||||||
26 | minor child's best interest.
|
| |||||||
| |||||||
1 | (6) Temporary legal custody.
Award temporary legal | ||||||
2 | custody to petitioner in accordance with this Section,
the | ||||||
3 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
4 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
5 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
6 | If a court finds, after a hearing, that respondent
has | ||||||
7 | committed abuse (as defined in Section 112A-3) of a
minor | ||||||
8 | child, there shall be a rebuttable presumption that | ||||||
9 | awarding
temporary legal custody to respondent would not be | ||||||
10 | in the
child's best interest.
| ||||||
11 | (7) Visitation. Determine the
visitation rights, if | ||||||
12 | any, of respondent in any case in which the court
awards | ||||||
13 | physical care or temporary legal custody of a minor child | ||||||
14 | to
petitioner. The court shall restrict or deny | ||||||
15 | respondent's visitation with
a minor child if
the court | ||||||
16 | finds that respondent has done or is likely to do any of | ||||||
17 | the
following: (i) abuse or endanger the minor child during | ||||||
18 | visitation; (ii) use the
visitation as an opportunity to | ||||||
19 | abuse or harass petitioner or
petitioner's family or | ||||||
20 | household members; (iii) improperly conceal or
detain the | ||||||
21 | minor child; or (iv) otherwise act in a manner that is not | ||||||
22 | in
the best interests of the minor child. The court shall | ||||||
23 | not be limited by the
standards set forth in Section 607.1 | ||||||
24 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
25 | If the court grants visitation, the order
shall specify | ||||||
26 | dates and times for the visitation to take place or other
|
| |||||||
| |||||||
1 | specific parameters or conditions that are appropriate. No | ||||||
2 | order for
visitation shall refer merely to the term | ||||||
3 | "reasonable visitation".
| ||||||
4 | Petitioner may deny respondent access to the minor | ||||||
5 | child if, when
respondent arrives for visitation, | ||||||
6 | respondent is under the influence of drugs
or alcohol and | ||||||
7 | constitutes a threat to the safety and well-being of
| ||||||
8 | petitioner or petitioner's minor children or is behaving in | ||||||
9 | a violent or abusive manner.
| ||||||
10 | If necessary to protect any member of petitioner's | ||||||
11 | family or
household from future abuse, respondent shall be | ||||||
12 | prohibited from coming to
petitioner's residence to meet | ||||||
13 | the minor child for visitation, and the
parties shall | ||||||
14 | submit to the court their recommendations for reasonable
| ||||||
15 | alternative arrangements for visitation. A person may be | ||||||
16 | approved to
supervise visitation only after filing an | ||||||
17 | affidavit accepting
that responsibility and acknowledging | ||||||
18 | accountability to the court.
| ||||||
19 | (8) Removal or concealment of minor child.
Prohibit | ||||||
20 | respondent from
removing a minor child from the State or | ||||||
21 | concealing the child within the
State.
| ||||||
22 | (9) Order to appear. Order the respondent to
appear in | ||||||
23 | court, alone
or with a minor child, to prevent abuse, | ||||||
24 | neglect, removal or concealment of
the child, to return the | ||||||
25 | child to the custody or care of the petitioner or
to permit | ||||||
26 | any court-ordered interview or examination of the child or |
| |||||||
| |||||||
1 | the
respondent.
| ||||||
2 | (10) Possession of personal property. Grant petitioner | ||||||
3 | exclusive
possession of personal property and, if | ||||||
4 | respondent has possession or
control, direct respondent to | ||||||
5 | promptly make it available to petitioner, if:
| ||||||
6 | (i) petitioner, but not respondent, owns the | ||||||
7 | property; or
| ||||||
8 | (ii) the parties own the property jointly; sharing | ||||||
9 | it would risk
abuse of petitioner by respondent or is | ||||||
10 | impracticable; and the balance of
hardships favors | ||||||
11 | temporary possession by petitioner.
| ||||||
12 | If petitioner's sole claim to ownership of the property | ||||||
13 | is that it is
marital property, the court may award | ||||||
14 | petitioner temporary possession
thereof under the | ||||||
15 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
16 | proper proceeding has been filed under the Illinois | ||||||
17 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
18 | hereafter amended.
| ||||||
19 | No order under this provision shall affect title to | ||||||
20 | property.
| ||||||
21 | (11) Protection of property. Forbid the respondent | ||||||
22 | from taking,
transferring, encumbering, concealing, | ||||||
23 | damaging or otherwise disposing of
any real or personal | ||||||
24 | property, except as explicitly authorized by the
court, if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the parties own the property jointly,
and the | ||||||
2 | balance of hardships favors granting this remedy.
| ||||||
3 | If petitioner's sole claim to ownership of the property | ||||||
4 | is that it is
marital property, the court may grant | ||||||
5 | petitioner relief under subparagraph
(ii) of this | ||||||
6 | paragraph only if a proper proceeding has been filed under | ||||||
7 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
8 | now or hereafter amended.
| ||||||
9 | The court may further prohibit respondent from | ||||||
10 | improperly using the
financial or other resources of an | ||||||
11 | aged member of the family or household
for the profit or | ||||||
12 | advantage of respondent or of any other person.
| ||||||
13 | (11.5) Protection of animals. Grant the petitioner the | ||||||
14 | exclusive care, custody, or control of any animal owned, | ||||||
15 | possessed, leased, kept, or held by either the petitioner | ||||||
16 | or the respondent or a minor child residing in the | ||||||
17 | residence or household of either the petitioner or the | ||||||
18 | respondent and order the respondent to stay away from the | ||||||
19 | animal and forbid the respondent from taking, | ||||||
20 | transferring, encumbering, concealing, harming, or | ||||||
21 | otherwise disposing of the animal.
| ||||||
22 | (12) Order for payment of support. Order
respondent to | ||||||
23 | pay temporary
support for the petitioner or any child in | ||||||
24 | the petitioner's care or
custody, when the respondent has a | ||||||
25 | legal obligation to support that person,
in accordance with | ||||||
26 | the Illinois Marriage and Dissolution
of Marriage Act, |
| |||||||
| |||||||
1 | which shall govern, among other matters, the amount of
| ||||||
2 | support, payment through the clerk and withholding of | ||||||
3 | income to secure
payment. An order for child support may be | ||||||
4 | granted to a petitioner with
lawful physical care or | ||||||
5 | custody of a child, or an order or agreement for
physical | ||||||
6 | care or custody, prior to entry of an order for legal | ||||||
7 | custody.
Such a support order shall expire upon entry of a | ||||||
8 | valid order granting
legal custody to another, unless | ||||||
9 | otherwise provided in the custody order.
| ||||||
10 | (13) Order for payment of losses. Order
respondent to | ||||||
11 | pay petitioner
for losses suffered as a direct result of | ||||||
12 | the abuse. Such losses shall
include, but not be limited | ||||||
13 | to, medical expenses, lost earnings or other
support, | ||||||
14 | repair or replacement of property damaged or taken, | ||||||
15 | reasonable
attorney's fees, court costs and moving or other | ||||||
16 | travel expenses, including
additional reasonable expenses | ||||||
17 | for temporary shelter and restaurant meals.
| ||||||
18 | (i) Losses affecting family needs. If a party is | ||||||
19 | entitled to seek
maintenance, child support or | ||||||
20 | property distribution from the other party
under the | ||||||
21 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
22 | now or
hereafter amended, the court may order | ||||||
23 | respondent to reimburse petitioner's
actual losses, to | ||||||
24 | the extent that such reimbursement would be | ||||||
25 | "appropriate
temporary relief", as authorized by | ||||||
26 | subsection (a)(3) of
Section 501 of that Act.
|
| |||||||
| |||||||
1 | (ii) Recovery of expenses. In the case of an | ||||||
2 | improper concealment
or removal of a minor child, the | ||||||
3 | court may order respondent to pay the reasonable
| ||||||
4 | expenses incurred or to be incurred in the search for | ||||||
5 | and recovery of the
minor child, including but not | ||||||
6 | limited to legal fees, court costs, private
| ||||||
7 | investigator fees, and travel costs.
| ||||||
8 | (14) Prohibition of entry. Prohibit the respondent | ||||||
9 | from entering or
remaining in the residence or household | ||||||
10 | while the respondent is under the
influence of alcohol or | ||||||
11 | drugs and constitutes a threat to the safety and
well-being | ||||||
12 | of the petitioner or the petitioner's children.
| ||||||
13 | (14.5) Prohibition of firearm possession. | ||||||
14 | (A) A person who is subject to an existing order of | ||||||
15 | protection, interim order of protection, emergency | ||||||
16 | order of protection, or plenary order of protection, | ||||||
17 | issued under this Code may not lawfully possess weapons | ||||||
18 | under Section 8.2 of the Firearm Owners Identification | ||||||
19 | Card and Certificate of Handgun Registration Act. | ||||||
20 | (B) Any firearms in the
possession of the | ||||||
21 | respondent, except as provided in subparagraph (C) of | ||||||
22 | this paragraph (14.5), shall be ordered by the court to | ||||||
23 | be turned
over to a person with a valid Firearm Owner's | ||||||
24 | Identification Card for safekeeping. The court shall | ||||||
25 | issue an order that the respondent's Firearm Owner's | ||||||
26 | Identification Card be turned over to the local law |
| |||||||
| |||||||
1 | enforcement agency, which in turn shall immediately | ||||||
2 | mail the card to the Department of State Police Firearm | ||||||
3 | Owner's Identification Card Office for safekeeping.
| ||||||
4 | The period of safekeeping shall be for the duration of | ||||||
5 | the order of protection. The firearm or firearms and | ||||||
6 | Firearm Owner's Identification Card, if unexpired, | ||||||
7 | shall at the respondent's request be returned to the | ||||||
8 | respondent at expiration of the order of protection.
| ||||||
9 | (C) If the respondent is a peace officer as defined | ||||||
10 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
11 | shall order that any firearms used by the
respondent in | ||||||
12 | the performance of his or her duties as a
peace officer | ||||||
13 | be surrendered to
the chief law enforcement executive | ||||||
14 | of the agency in which the respondent is
employed, who | ||||||
15 | shall retain the firearms for safekeeping for the | ||||||
16 | duration of the order of protection.
| ||||||
17 | (D) Upon expiration of the period of safekeeping, | ||||||
18 | if the firearms or Firearm Owner's Identification Card | ||||||
19 | cannot be returned to respondent because respondent | ||||||
20 | cannot be located, fails to respond to requests to | ||||||
21 | retrieve the firearms, or is not lawfully eligible to | ||||||
22 | possess a firearm, upon petition from the local law | ||||||
23 | enforcement agency, the court may order the local law | ||||||
24 | enforcement agency to destroy the firearms, use the | ||||||
25 | firearms for training purposes, or for any other | ||||||
26 | application as deemed appropriate by the local law |
| |||||||
| |||||||
1 | enforcement agency; or that the firearms be turned over | ||||||
2 | to a third party who is lawfully eligible to possess | ||||||
3 | firearms, and who does not reside with respondent.
| ||||||
4 | (15) Prohibition of access to records. If an order of | ||||||
5 | protection
prohibits respondent from having contact with | ||||||
6 | the minor child,
or if petitioner's address is omitted | ||||||
7 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
8 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
9 | child, the order shall deny respondent access to, and
| ||||||
10 | prohibit respondent from inspecting, obtaining, or | ||||||
11 | attempting to
inspect or obtain, school or any other | ||||||
12 | records of the minor child
who is in the care of | ||||||
13 | petitioner.
| ||||||
14 | (16) Order for payment of shelter services. Order | ||||||
15 | respondent to
reimburse a shelter providing temporary | ||||||
16 | housing and counseling services to
the petitioner for the | ||||||
17 | cost of the services, as certified by the shelter
and | ||||||
18 | deemed reasonable by the court.
| ||||||
19 | (17) Order for injunctive relief. Enter injunctive | ||||||
20 | relief necessary
or appropriate to prevent further abuse of | ||||||
21 | a family or household member or
to effectuate one of the | ||||||
22 | granted remedies, if supported by the balance of
hardships. | ||||||
23 | If the harm to be prevented by the injunction is abuse or | ||||||
24 | any
other harm that one of the remedies listed in | ||||||
25 | paragraphs (1) through (16)
of this subsection is designed | ||||||
26 | to prevent, no further evidence is necessary
to establish |
| |||||||
| |||||||
1 | that the harm is an irreparable injury.
| ||||||
2 | (c) Relevant factors; findings.
| ||||||
3 | (1) In determining whether to grant a
specific remedy, | ||||||
4 | other than payment of support, the
court shall consider | ||||||
5 | relevant factors, including but not limited to the
| ||||||
6 | following:
| ||||||
7 | (i) the nature, frequency, severity, pattern and | ||||||
8 | consequences of the
respondent's past abuse of the | ||||||
9 | petitioner or any family or household
member, | ||||||
10 | including the concealment of his or her location in | ||||||
11 | order to evade
service of process or notice, and the | ||||||
12 | likelihood of danger of future abuse to
petitioner or
| ||||||
13 | any member of petitioner's or respondent's family or | ||||||
14 | household; and
| ||||||
15 | (ii) the danger that any minor child will be abused | ||||||
16 | or neglected or
improperly removed from the | ||||||
17 | jurisdiction, improperly concealed within the
State or | ||||||
18 | improperly separated from the child's primary | ||||||
19 | caretaker.
| ||||||
20 | (2) In comparing relative hardships resulting to the | ||||||
21 | parties from loss
of possession of the family home, the | ||||||
22 | court shall consider relevant
factors, including but not | ||||||
23 | limited to the following:
| ||||||
24 | (i) availability, accessibility, cost, safety, | ||||||
25 | adequacy, location and other
characteristics of | ||||||
26 | alternate housing for each party and any minor child or
|
| |||||||
| |||||||
1 | dependent adult in the party's care;
| ||||||
2 | (ii) the effect on the party's employment; and
| ||||||
3 | (iii) the effect on the relationship of the party, | ||||||
4 | and any minor
child or dependent adult in the party's | ||||||
5 | care, to family, school, church
and community.
| ||||||
6 | (3) Subject to the exceptions set forth in paragraph | ||||||
7 | (4) of this
subsection, the court shall make its findings | ||||||
8 | in an official record or in
writing, and shall at a minimum | ||||||
9 | set forth the following:
| ||||||
10 | (i) That the court has considered the applicable | ||||||
11 | relevant factors
described in paragraphs (1) and (2) of | ||||||
12 | this subsection.
| ||||||
13 | (ii) Whether the conduct or actions of respondent, | ||||||
14 | unless
prohibited, will likely cause irreparable harm | ||||||
15 | or continued abuse.
| ||||||
16 | (iii) Whether it is necessary to grant the | ||||||
17 | requested relief in order
to protect petitioner or | ||||||
18 | other alleged abused persons.
| ||||||
19 | (4) For purposes of issuing an ex parte emergency order | ||||||
20 | of protection,
the court, as an alternative to or as a | ||||||
21 | supplement to making the findings
described in paragraphs | ||||||
22 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
23 | the following procedure:
| ||||||
24 | When a verified petition for an emergency order of | ||||||
25 | protection in
accordance with the requirements of Sections | ||||||
26 | 112A-5 and 112A-17 is
presented to the court, the court |
| |||||||
| |||||||
1 | shall examine petitioner on oath or
affirmation. An | ||||||
2 | emergency order of protection shall be issued by the court
| ||||||
3 | if it appears from the contents of the petition and the | ||||||
4 | examination of
petitioner that the averments are | ||||||
5 | sufficient to indicate abuse by
respondent and to support | ||||||
6 | the granting of relief under the issuance of the
emergency | ||||||
7 | order of protection.
| ||||||
8 | (5) Never married parties. No rights or | ||||||
9 | responsibilities for a minor
child born outside of marriage | ||||||
10 | attach to a putative father until a father and
child | ||||||
11 | relationship has been established under the Illinois | ||||||
12 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
13 | putative father shall be granted
temporary custody of the | ||||||
14 | minor child, visitation with the minor child, or
physical | ||||||
15 | care
and possession of the minor child, nor shall
an order | ||||||
16 | of payment for support of the minor child be entered.
| ||||||
17 | (d) Balance of hardships; findings. If the court finds that | ||||||
18 | the balance
of hardships does not support the granting of a | ||||||
19 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
20 | subsection (b) of this Section,
which may require such | ||||||
21 | balancing, the court's findings shall so
indicate and shall | ||||||
22 | include a finding as to whether granting the remedy will
result | ||||||
23 | in hardship to respondent that would substantially outweigh the | ||||||
24 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
25 | shall be an official record or in
writing.
| ||||||
26 | (e) Denial of remedies. Denial of any remedy shall not be |
| |||||||
| |||||||
1 | based, in
whole or in part, on evidence that:
| ||||||
2 | (1) Respondent has cause for any use of force, unless | ||||||
3 | that cause
satisfies the standards for justifiable use of | ||||||
4 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
5 | (2) Respondent was voluntarily intoxicated;
| ||||||
6 | (3) Petitioner acted in self-defense or defense of | ||||||
7 | another, provided
that, if petitioner utilized force, such | ||||||
8 | force was justifiable under
Article 7 of the Criminal Code | ||||||
9 | of 2012;
| ||||||
10 | (4) Petitioner did not act in self-defense or defense | ||||||
11 | of another;
| ||||||
12 | (5) Petitioner left the residence or household to avoid | ||||||
13 | further abuse
by respondent;
| ||||||
14 | (6) Petitioner did not leave the residence or household | ||||||
15 | to avoid further
abuse by respondent;
| ||||||
16 | (7) Conduct by any family or household member excused | ||||||
17 | the abuse by
respondent, unless that same conduct would | ||||||
18 | have excused such abuse if the
parties had not been family | ||||||
19 | or household members.
| ||||||
20 | (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; | ||||||
21 | 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
22 | Section 50. The Unified Code of Corrections is amended by | ||||||
23 | changing Sections 5-5-3 and 5-5-3.2 as follows:
| ||||||
24 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| |||||||
| |||||||
1 | Sec. 5-5-3. Disposition.
| ||||||
2 | (a) (Blank).
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) (1) (Blank).
| ||||||
5 | (2) A period of probation, a term of periodic imprisonment | ||||||
6 | or
conditional discharge shall not be imposed for the following | ||||||
7 | offenses.
The court shall sentence the offender to not less | ||||||
8 | than the minimum term
of imprisonment set forth in this Code | ||||||
9 | for the following offenses, and
may order a fine or restitution | ||||||
10 | or both in conjunction with such term of
imprisonment:
| ||||||
11 | (A) First degree murder where the death penalty is not | ||||||
12 | imposed.
| ||||||
13 | (B) Attempted first degree murder.
| ||||||
14 | (C) A Class X felony.
| ||||||
15 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
16 | Controlled Substances Act, or a violation of subdivision | ||||||
17 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
18 | to more than 5 grams of a substance
containing cocaine, | ||||||
19 | fentanyl, or an analog thereof.
| ||||||
20 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
21 | of the Illinois Controlled Substances Act which relates to | ||||||
22 | 3 or more grams of a substance
containing heroin or an | ||||||
23 | analog thereof. | ||||||
24 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
25 | Control
Act.
| ||||||
26 | (F) A Class 2 or greater felony if the offender had |
| |||||||
| |||||||
1 | been convicted
of a Class 2 or greater felony, including | ||||||
2 | any state or federal conviction for an offense that | ||||||
3 | contained, at the time it was committed, the same elements | ||||||
4 | as an offense now (the date of the offense committed after | ||||||
5 | the prior Class 2 or greater felony) classified as a Class | ||||||
6 | 2 or greater felony, within 10 years of the date on which | ||||||
7 | the
offender
committed the offense for which he or she is | ||||||
8 | being sentenced, except as
otherwise provided in Section | ||||||
9 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
10 | Act.
| ||||||
11 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
13 | which imprisonment is prescribed in those Sections. | ||||||
14 | (G) Residential burglary, except as otherwise provided | ||||||
15 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
16 | Dependency Act.
| ||||||
17 | (H) Criminal sexual assault.
| ||||||
18 | (I) Aggravated battery of a senior citizen as described | ||||||
19 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
20 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (J) A forcible felony if the offense was related to the | ||||||
22 | activities of an
organized gang.
| ||||||
23 | Before July 1, 1994, for the purposes of this | ||||||
24 | paragraph, "organized
gang" means an association of 5 or | ||||||
25 | more persons, with an established hierarchy,
that | ||||||
26 | encourages members of the association to perpetrate crimes |
| |||||||
| |||||||
1 | or provides
support to the members of the association who | ||||||
2 | do commit crimes.
| ||||||
3 | Beginning July 1, 1994, for the purposes of this | ||||||
4 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
5 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (K) Vehicular hijacking.
| ||||||
8 | (L) A second or subsequent conviction for the offense | ||||||
9 | of hate crime
when the underlying offense upon which the | ||||||
10 | hate crime is based is felony
aggravated
assault or felony | ||||||
11 | mob action.
| ||||||
12 | (M) A second or subsequent conviction for the offense | ||||||
13 | of institutional
vandalism if the damage to the property | ||||||
14 | exceeds $300.
| ||||||
15 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
16 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
17 | Identification Card and Certificate of Handgun | ||||||
18 | Registration Act.
| ||||||
19 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
22 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012.
| ||||||
24 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
25 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
26 | Code of
1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
2 | of
1961 or the Criminal Code of 2012.
| ||||||
3 | (S) (Blank).
| ||||||
4 | (T) A second or subsequent violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act.
| ||||||
6 | (U) A second or subsequent violation of Section 6-303 | ||||||
7 | of the Illinois Vehicle Code committed while his or her | ||||||
8 | driver's license, permit, or privilege was revoked because | ||||||
9 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
10 | or the Criminal Code of 2012, relating to the offense of | ||||||
11 | reckless homicide, or a similar provision of a law of | ||||||
12 | another state.
| ||||||
13 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
14 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
16 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
17 | Code of 2012 when the victim is under 13 years of age and | ||||||
18 | the defendant has previously been convicted under the laws | ||||||
19 | of this State or any other state of the offense of child | ||||||
20 | pornography, aggravated child pornography, aggravated | ||||||
21 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
22 | predatory criminal sexual assault of a child, or any of the | ||||||
23 | offenses formerly known as rape, deviate sexual assault, | ||||||
24 | indecent liberties with a child, or aggravated indecent | ||||||
25 | liberties with a child where the victim was under the age | ||||||
26 | of 18 years or an offense that is substantially equivalent |
| |||||||
| |||||||
1 | to those offenses. | ||||||
2 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012.
| ||||||
4 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
5 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
6 | (Y) A conviction for unlawful possession of a firearm | ||||||
7 | by a street gang member when the firearm was loaded or | ||||||
8 | contained firearm ammunition. | ||||||
9 | (Z) A Class 1 felony committed while he or she was | ||||||
10 | serving a term of probation or conditional discharge for a | ||||||
11 | felony. | ||||||
12 | (AA) Theft of property exceeding $500,000 and not | ||||||
13 | exceeding $1,000,000 in value. | ||||||
14 | (BB) Laundering of criminally derived property of a | ||||||
15 | value exceeding
$500,000. | ||||||
16 | (CC) Knowingly selling, offering for sale, holding for | ||||||
17 | sale, or using 2,000 or more counterfeit items or | ||||||
18 | counterfeit items having a retail value in the aggregate of | ||||||
19 | $500,000 or more. | ||||||
20 | (DD) A conviction for aggravated assault under | ||||||
21 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
23 | firearm is aimed toward the person against whom the firearm | ||||||
24 | is being used. | ||||||
25 | (3) (Blank).
| ||||||
26 | (4) A minimum term of imprisonment of not less than 10
|
| |||||||
| |||||||
1 | consecutive days or 30 days of community service shall be | ||||||
2 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
3 | the Illinois Vehicle Code.
| ||||||
4 | (4.1) (Blank).
| ||||||
5 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
6 | this subsection (c), a
minimum of
100 hours of community | ||||||
7 | service shall be imposed for a second violation of
Section | ||||||
8 | 6-303
of the Illinois Vehicle Code.
| ||||||
9 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
10 | hours of community
service, as determined by the court, shall
| ||||||
11 | be imposed for a second violation of subsection (c) of Section | ||||||
12 | 6-303 of the
Illinois Vehicle Code.
| ||||||
13 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
14 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
15 | 30 days or 300 hours of community service, as
determined by the | ||||||
16 | court, shall
be imposed
for a third or subsequent violation of | ||||||
17 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
18 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
19 | imposed for a third violation of subsection (c) of
Section | ||||||
20 | 6-303 of the Illinois Vehicle Code.
| ||||||
21 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
22 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
23 | shall be imposed for a
fourth or subsequent violation of | ||||||
24 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
25 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
26 | consecutive days, or 300 hours of community service, shall be |
| |||||||
| |||||||
1 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
2 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
3 | that Section.
| ||||||
4 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
5 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
6 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
7 | Section. The person's driving privileges shall be revoked for a | ||||||
8 | period of not less than 5 years from the date of his or her | ||||||
9 | release from prison.
| ||||||
10 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
11 | not more than 15 years shall be imposed for a third violation | ||||||
12 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
13 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
14 | person's driving privileges shall be revoked for the remainder | ||||||
15 | of his or her life.
| ||||||
16 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
17 | shall be imposed, and the person shall be eligible for an | ||||||
18 | extended term sentence, for a fourth or subsequent violation of | ||||||
19 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
20 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
21 | driving privileges shall be revoked for the remainder of his or | ||||||
22 | her life.
| ||||||
23 | (5) The court may sentence a corporation or unincorporated
| ||||||
24 | association convicted of any offense to:
| ||||||
25 | (A) a period of conditional discharge;
| ||||||
26 | (B) a fine;
|
| |||||||
| |||||||
1 | (C) make restitution to the victim under Section 5-5-6 | ||||||
2 | of this Code.
| ||||||
3 | (5.1) In addition to any other penalties imposed, and | ||||||
4 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
5 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
6 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
7 | permit, or privileges
suspended for at least 90 days but not | ||||||
8 | more than one year, if the violation
resulted in damage to the | ||||||
9 | property of another person.
| ||||||
10 | (5.2) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.3), a person convicted
of | ||||||
12 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
13 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
14 | privileges suspended for at
least 180 days but not more than 2 | ||||||
15 | years, if the violation resulted in injury
to
another person.
| ||||||
16 | (5.3) In addition to any other penalties imposed, a person | ||||||
17 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
18 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
19 | permit, or privileges suspended for 2 years, if the violation | ||||||
20 | resulted in the
death of another person.
| ||||||
21 | (5.4) In addition to any other penalties imposed, a person | ||||||
22 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
23 | Code shall have his or her driver's license, permit, or | ||||||
24 | privileges suspended for 3 months and until he or she has paid | ||||||
25 | a reinstatement fee of $100. | ||||||
26 | (5.5) In addition to any other penalties imposed, a person |
| |||||||
| |||||||
1 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
2 | Code during a period in which his or her driver's license, | ||||||
3 | permit, or privileges were suspended for a previous violation | ||||||
4 | of that Section shall have his or her driver's license, permit, | ||||||
5 | or privileges suspended for an additional 6 months after the | ||||||
6 | expiration of the original 3-month suspension and until he or | ||||||
7 | she has paid a reinstatement fee of $100.
| ||||||
8 | (6) (Blank).
| ||||||
9 | (7) (Blank).
| ||||||
10 | (8) (Blank).
| ||||||
11 | (9) A defendant convicted of a second or subsequent offense | ||||||
12 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
13 | natural life imprisonment.
| ||||||
14 | (10) (Blank).
| ||||||
15 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
16 | first offense
and $2,000 for a second or subsequent offense | ||||||
17 | upon a person convicted of or
placed on supervision for battery | ||||||
18 | when the individual harmed was a sports
official or coach at | ||||||
19 | any level of competition and the act causing harm to the
sports
| ||||||
20 | official or coach occurred within an athletic facility or | ||||||
21 | within the immediate vicinity
of the athletic facility at which | ||||||
22 | the sports official or coach was an active
participant
of the | ||||||
23 | athletic contest held at the athletic facility. For the | ||||||
24 | purposes of
this paragraph (11), "sports official" means a | ||||||
25 | person at an athletic contest
who enforces the rules of the | ||||||
26 | contest, such as an umpire or referee; "athletic facility" |
| |||||||
| |||||||
1 | means an indoor or outdoor playing field or recreational area | ||||||
2 | where sports activities are conducted;
and "coach" means a | ||||||
3 | person recognized as a coach by the sanctioning
authority that | ||||||
4 | conducted the sporting event. | ||||||
5 | (12) A person may not receive a disposition of court | ||||||
6 | supervision for a
violation of Section 5-16 of the Boat | ||||||
7 | Registration and Safety Act if that
person has previously | ||||||
8 | received a disposition of court supervision for a
violation of | ||||||
9 | that Section.
| ||||||
10 | (13) A person convicted of or placed on court supervision | ||||||
11 | for an assault or aggravated assault when the victim and the | ||||||
12 | offender are family or household members as defined in Section | ||||||
13 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
14 | of domestic battery or aggravated domestic battery may be | ||||||
15 | required to attend a Partner Abuse Intervention Program under | ||||||
16 | protocols set forth by the Illinois Department of Human | ||||||
17 | Services under such terms and conditions imposed by the court. | ||||||
18 | The costs of such classes shall be paid by the offender.
| ||||||
19 | (d) In any case in which a sentence originally imposed is | ||||||
20 | vacated,
the case shall be remanded to the trial court. The | ||||||
21 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
22 | Unified Code of Corrections
which may include evidence of the | ||||||
23 | defendant's life, moral character and
occupation during the | ||||||
24 | time since the original sentence was passed. The
trial court | ||||||
25 | shall then impose sentence upon the defendant. The trial
court | ||||||
26 | may impose any sentence which could have been imposed at the
|
| |||||||
| |||||||
1 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
2 | Corrections.
If a sentence is vacated on appeal or on | ||||||
3 | collateral attack due to the
failure of the trier of fact at | ||||||
4 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
5 | fact (other than a prior conviction) necessary to increase the
| ||||||
6 | punishment for the offense beyond the statutory maximum | ||||||
7 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
8 | to a term within the range otherwise
provided or, if the State | ||||||
9 | files notice of its intention to again seek the
extended | ||||||
10 | sentence, the defendant shall be afforded a new trial.
| ||||||
11 | (e) In cases where prosecution for
aggravated criminal | ||||||
12 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
13 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
14 | of a defendant
who was a family member of the victim at the | ||||||
15 | time of the commission of the
offense, the court shall consider | ||||||
16 | the safety and welfare of the victim and
may impose a sentence | ||||||
17 | of probation only where:
| ||||||
18 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
19 | (A) the defendant is willing to undergo a court | ||||||
20 | approved counseling
program for a minimum duration of 2 | ||||||
21 | years; or
| ||||||
22 | (B) the defendant is willing to participate in a | ||||||
23 | court approved plan
including but not limited to the | ||||||
24 | defendant's:
| ||||||
25 | (i) removal from the household;
| ||||||
26 | (ii) restricted contact with the victim;
|
| |||||||
| |||||||
1 | (iii) continued financial support of the | ||||||
2 | family;
| ||||||
3 | (iv) restitution for harm done to the victim; | ||||||
4 | and
| ||||||
5 | (v) compliance with any other measures that | ||||||
6 | the court may
deem appropriate; and
| ||||||
7 | (2) the court orders the defendant to pay for the | ||||||
8 | victim's counseling
services, to the extent that the court | ||||||
9 | finds, after considering the
defendant's income and | ||||||
10 | assets, that the defendant is financially capable of
paying | ||||||
11 | for such services, if the victim was under 18 years of age | ||||||
12 | at the
time the offense was committed and requires | ||||||
13 | counseling as a result of the
offense.
| ||||||
14 | Probation may be revoked or modified pursuant to Section | ||||||
15 | 5-6-4; except
where the court determines at the hearing that | ||||||
16 | the defendant violated a
condition of his or her probation | ||||||
17 | restricting contact with the victim or
other family members or | ||||||
18 | commits another offense with the victim or other
family | ||||||
19 | members, the court shall revoke the defendant's probation and
| ||||||
20 | impose a term of imprisonment.
| ||||||
21 | For the purposes of this Section, "family member" and | ||||||
22 | "victim" shall have
the meanings ascribed to them in Section | ||||||
23 | 11-0.1 of the Criminal Code of
2012.
| ||||||
24 | (f) (Blank).
| ||||||
25 | (g) Whenever a defendant is convicted of an offense under | ||||||
26 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
| |||||||
| |||||||
1 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
2 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
3 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
4 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
6 | testing to
determine whether the defendant has any sexually | ||||||
7 | transmissible disease,
including a test for infection with | ||||||
8 | human immunodeficiency virus (HIV) or
any other identified | ||||||
9 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
10 | Any such medical test shall be performed only by appropriately
| ||||||
11 | licensed medical practitioners and may include an analysis of | ||||||
12 | any bodily
fluids as well as an examination of the defendant's | ||||||
13 | person.
Except as otherwise provided by law, the results of | ||||||
14 | such test shall be kept
strictly confidential by all medical | ||||||
15 | personnel involved in the testing and must
be personally | ||||||
16 | delivered in a sealed envelope to the judge of the court in | ||||||
17 | which
the conviction was entered for the judge's inspection in | ||||||
18 | camera. Acting in
accordance with the best interests of the | ||||||
19 | victim and the public, the judge
shall have the discretion to | ||||||
20 | determine to whom, if anyone, the results of the
testing may be | ||||||
21 | revealed. The court shall notify the defendant
of the test | ||||||
22 | results. The court shall
also notify the victim if requested by | ||||||
23 | the victim, and if the victim is under
the age of 15 and if | ||||||
24 | requested by the victim's parents or legal guardian, the
court | ||||||
25 | shall notify the victim's parents or legal guardian of the test
| ||||||
26 | results.
The court shall provide information on the |
| |||||||
| |||||||
1 | availability of HIV testing
and counseling at Department of | ||||||
2 | Public Health facilities to all parties to
whom the results of | ||||||
3 | the testing are revealed and shall direct the State's
Attorney | ||||||
4 | to provide the information to the victim when possible.
A | ||||||
5 | State's Attorney may petition the court to obtain the results | ||||||
6 | of any HIV test
administered under this Section, and the court | ||||||
7 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
8 | relevant in order to prosecute a charge of
criminal | ||||||
9 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
11 | defendant. The court shall order that the cost of any such test
| ||||||
12 | shall be paid by the county and may be taxed as costs against | ||||||
13 | the convicted
defendant.
| ||||||
14 | (g-5) When an inmate is tested for an airborne communicable | ||||||
15 | disease, as
determined by the Illinois Department of Public | ||||||
16 | Health including but not
limited to tuberculosis, the results | ||||||
17 | of the test shall be
personally delivered by the warden or his | ||||||
18 | or her designee in a sealed envelope
to the judge of the court | ||||||
19 | in which the inmate must appear for the judge's
inspection in | ||||||
20 | camera if requested by the judge. Acting in accordance with the
| ||||||
21 | best interests of those in the courtroom, the judge shall have | ||||||
22 | the discretion
to determine what if any precautions need to be | ||||||
23 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
24 | (h) Whenever a defendant is convicted of an offense under | ||||||
25 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
26 | defendant shall undergo
medical testing to determine whether |
| |||||||
| |||||||
1 | the defendant has been exposed to human
immunodeficiency virus | ||||||
2 | (HIV) or any other identified causative agent of
acquired | ||||||
3 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
4 | by
law, the results of such test shall be kept strictly | ||||||
5 | confidential by all
medical personnel involved in the testing | ||||||
6 | and must be personally delivered in a
sealed envelope to the | ||||||
7 | judge of the court in which the conviction was entered
for the | ||||||
8 | judge's inspection in camera. Acting in accordance with the | ||||||
9 | best
interests of the public, the judge shall have the | ||||||
10 | discretion to determine to
whom, if anyone, the results of the | ||||||
11 | testing may be revealed. The court shall
notify the defendant | ||||||
12 | of a positive test showing an infection with the human
| ||||||
13 | immunodeficiency virus (HIV). The court shall provide | ||||||
14 | information on the
availability of HIV testing and counseling | ||||||
15 | at Department of Public Health
facilities to all parties to | ||||||
16 | whom the results of the testing are revealed and
shall direct | ||||||
17 | the State's Attorney to provide the information to the victim | ||||||
18 | when
possible. A State's Attorney may petition the court to | ||||||
19 | obtain the results of
any HIV test administered under this | ||||||
20 | Section, and the court shall grant the
disclosure if the | ||||||
21 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
22 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
23 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
24 | 2012 against the defendant. The court shall order that the cost | ||||||
25 | of any
such test shall be paid by the county and may be taxed as | ||||||
26 | costs against the
convicted defendant.
|
| |||||||
| |||||||
1 | (i) All fines and penalties imposed under this Section for | ||||||
2 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
3 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
4 | any violation
of the Child Passenger Protection Act, or a | ||||||
5 | similar provision of a local
ordinance, shall be collected and | ||||||
6 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
7 | of the Clerks of Courts Act.
| ||||||
8 | (j) In cases when prosecution for any violation of Section | ||||||
9 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
10 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
11 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
12 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
13 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, any violation of the Illinois Controlled | ||||||
15 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
16 | any violation of the Methamphetamine Control and Community | ||||||
17 | Protection Act results in conviction, a
disposition of court | ||||||
18 | supervision, or an order of probation granted under
Section 10 | ||||||
19 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
20 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
21 | Control and Community Protection Act of a defendant, the court | ||||||
22 | shall determine whether the
defendant is employed by a facility | ||||||
23 | or center as defined under the Child Care
Act of 1969, a public | ||||||
24 | or private elementary or secondary school, or otherwise
works | ||||||
25 | with children under 18 years of age on a daily basis. When a | ||||||
26 | defendant
is so employed, the court shall order the Clerk of |
| |||||||
| |||||||
1 | the Court to send a copy of
the judgment of conviction or order | ||||||
2 | of supervision or probation to the
defendant's employer by | ||||||
3 | certified mail.
If the employer of the defendant is a school, | ||||||
4 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
5 | the judgment of conviction or order of
supervision or probation | ||||||
6 | to the appropriate regional superintendent of schools.
The | ||||||
7 | regional superintendent of schools shall notify the State Board | ||||||
8 | of
Education of any notification under this subsection.
| ||||||
9 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
10 | of a felony and
who has not been previously convicted of a | ||||||
11 | misdemeanor or felony and who is
sentenced to a term of | ||||||
12 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
13 | a condition of his or her sentence be required by the court to | ||||||
14 | attend
educational courses designed to prepare the defendant | ||||||
15 | for a high school diploma
and to work toward a high school | ||||||
16 | diploma or to work toward passing high school equivalency | ||||||
17 | testing or to work toward
completing a vocational training | ||||||
18 | program offered by the Department of
Corrections. If a | ||||||
19 | defendant fails to complete the educational training
required | ||||||
20 | by his or her sentence during the term of incarceration, the | ||||||
21 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
22 | supervised release, require the
defendant, at his or her own | ||||||
23 | expense, to pursue a course of study toward a high
school | ||||||
24 | diploma or passage of high school equivalency testing. The | ||||||
25 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
26 | release of a defendant who wilfully fails to
comply with this |
| |||||||
| |||||||
1 | subsection (j-5) upon his or her release from confinement in a
| ||||||
2 | penal institution while serving a mandatory supervised release | ||||||
3 | term; however,
the inability of the defendant after making a | ||||||
4 | good faith effort to obtain
financial aid or pay for the | ||||||
5 | educational training shall not be deemed a wilful
failure to | ||||||
6 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
7 | whose mandatory supervised release term has been revoked under | ||||||
8 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
9 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
10 | school diploma or has successfully passed high school | ||||||
11 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
12 | defendant who is determined by
the court to be developmentally | ||||||
13 | disabled or otherwise mentally incapable of
completing the | ||||||
14 | educational or vocational program.
| ||||||
15 | (k) (Blank).
| ||||||
16 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
17 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
18 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
19 | misdemeanor offense, the court after sentencing the defendant
| ||||||
20 | may, upon motion of the State's Attorney, hold sentence in | ||||||
21 | abeyance and remand
the defendant to the custody of the | ||||||
22 | Attorney General of
the United States or his or her designated | ||||||
23 | agent to be deported when:
| ||||||
24 | (1) a final order of deportation has been issued | ||||||
25 | against the defendant
pursuant to proceedings under the | ||||||
26 | Immigration and Nationality Act, and
|
| |||||||
| |||||||
1 | (2) the deportation of the defendant would not | ||||||
2 | deprecate the seriousness
of the defendant's conduct and | ||||||
3 | would not be inconsistent with the ends of
justice.
| ||||||
4 | Otherwise, the defendant shall be sentenced as provided in | ||||||
5 | this Chapter V.
| ||||||
6 | (B) If the defendant has already been sentenced for a | ||||||
7 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
8 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
9 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
10 | Methamphetamine Control and Community Protection Act, the | ||||||
11 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
12 | sentence imposed, commit the defendant to the custody of the | ||||||
13 | Attorney General
of the United States or his or her designated | ||||||
14 | agent when:
| ||||||
15 | (1) a final order of deportation has been issued | ||||||
16 | against the defendant
pursuant to proceedings under the | ||||||
17 | Immigration and Nationality Act, and
| ||||||
18 | (2) the deportation of the defendant would not | ||||||
19 | deprecate the seriousness
of the defendant's conduct and | ||||||
20 | would not be inconsistent with the ends of
justice.
| ||||||
21 | (C) This subsection (l) does not apply to offenders who are | ||||||
22 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
23 | Section 3-6-3.
| ||||||
24 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
25 | sentenced under
this Section returns to the jurisdiction of the | ||||||
26 | United States, the defendant
shall be recommitted to the |
| |||||||
| |||||||
1 | custody of the county from which he or she was
sentenced.
| ||||||
2 | Thereafter, the defendant shall be brought before the | ||||||
3 | sentencing court, which
may impose any sentence that was | ||||||
4 | available under Section 5-5-3 at the time of
initial | ||||||
5 | sentencing. In addition, the defendant shall not be eligible | ||||||
6 | for
additional sentence credit for good conduct as provided | ||||||
7 | under
Section 3-6-3.
| ||||||
8 | (m) A person convicted of criminal defacement of property | ||||||
9 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012, in which the property damage exceeds | ||||||
11 | $300
and the property damaged is a school building, shall be | ||||||
12 | ordered to perform
community service that may include cleanup, | ||||||
13 | removal, or painting over the
defacement.
| ||||||
14 | (n) The court may sentence a person convicted of a | ||||||
15 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
16 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
18 | incarceration program if the person is otherwise eligible for | ||||||
19 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
20 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
21 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
22 | substance or alcohol abuse program licensed under that
Act. | ||||||
23 | (o) Whenever a person is convicted of a sex offense as | ||||||
24 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
25 | defendant's driver's license or permit shall be subject to | ||||||
26 | renewal on an annual basis in accordance with the provisions of |
| |||||||
| |||||||
1 | license renewal established by the Secretary of State.
| ||||||
2 | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | ||||||
3 | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
4 | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | ||||||
5 | eff. 7-16-14 .)
| ||||||
6 | (730 ILCS 5/5-5-3.2)
| ||||||
7 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
8 | Sentencing.
| ||||||
9 | (a) The following factors shall be accorded weight in favor | ||||||
10 | of
imposing a term of imprisonment or may be considered by the | ||||||
11 | court as reasons
to impose a more severe sentence under Section | ||||||
12 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
13 | (1) the defendant's conduct caused or threatened | ||||||
14 | serious harm;
| ||||||
15 | (2) the defendant received compensation for committing | ||||||
16 | the offense;
| ||||||
17 | (3) the defendant has a history of prior delinquency or | ||||||
18 | criminal activity;
| ||||||
19 | (4) the defendant, by the duties of his office or by | ||||||
20 | his position,
was obliged to prevent the particular offense | ||||||
21 | committed or to bring
the offenders committing it to | ||||||
22 | justice;
| ||||||
23 | (5) the defendant held public office at the time of the | ||||||
24 | offense,
and the offense related to the conduct of that | ||||||
25 | office;
|
| |||||||
| |||||||
1 | (6) the defendant utilized his professional reputation | ||||||
2 | or
position in the community to commit the offense, or to | ||||||
3 | afford
him an easier means of committing it;
| ||||||
4 | (7) the sentence is necessary to deter others from | ||||||
5 | committing
the same crime;
| ||||||
6 | (8) the defendant committed the offense against a | ||||||
7 | person 60 years of age
or older or such person's property;
| ||||||
8 | (9) the defendant committed the offense against a | ||||||
9 | person who is
physically handicapped or such person's | ||||||
10 | property;
| ||||||
11 | (10) by reason of another individual's actual or | ||||||
12 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
13 | sexual orientation, physical or mental
disability, or | ||||||
14 | national origin, the defendant committed the offense | ||||||
15 | against (i)
the person or property
of that individual; (ii) | ||||||
16 | the person or property of a person who has an
association | ||||||
17 | with, is married to, or has a friendship with the other | ||||||
18 | individual;
or (iii) the person or property of a relative | ||||||
19 | (by blood or marriage) of a
person described in clause (i) | ||||||
20 | or (ii). For the purposes of this Section,
"sexual | ||||||
21 | orientation" means heterosexuality, homosexuality, or | ||||||
22 | bisexuality;
| ||||||
23 | (11) the offense took place in a place of worship or on | ||||||
24 | the
grounds of a place of worship, immediately prior to, | ||||||
25 | during or immediately
following worship services. For | ||||||
26 | purposes of this subparagraph, "place of
worship" shall |
| |||||||
| |||||||
1 | mean any church, synagogue or other building, structure or
| ||||||
2 | place used primarily for religious worship;
| ||||||
3 | (12) the defendant was convicted of a felony committed | ||||||
4 | while he was
released on bail or his own recognizance | ||||||
5 | pending trial for a prior felony
and was convicted of such | ||||||
6 | prior felony, or the defendant was convicted of a
felony | ||||||
7 | committed while he was serving a period of probation,
| ||||||
8 | conditional discharge, or mandatory supervised release | ||||||
9 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
10 | (13) the defendant committed or attempted to commit a | ||||||
11 | felony while he
was wearing a bulletproof vest. For the | ||||||
12 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
13 | device which is designed for the purpose of
protecting the | ||||||
14 | wearer from bullets, shot or other lethal projectiles;
| ||||||
15 | (14) the defendant held a position of trust or | ||||||
16 | supervision such as, but
not limited to, family member as | ||||||
17 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
18 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
19 | relation to a victim under 18 years of age, and the | ||||||
20 | defendant committed an
offense in violation of Section | ||||||
21 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
22 | 11-14.4 except for an offense that involves keeping a place | ||||||
23 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
24 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
25 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012
against
that victim;
|
| |||||||
| |||||||
1 | (15) the defendant committed an offense related to the | ||||||
2 | activities of an
organized gang. For the purposes of this | ||||||
3 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
4 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
5 | Act;
| ||||||
6 | (16) the defendant committed an offense in violation of | ||||||
7 | one of the
following Sections while in a school, regardless | ||||||
8 | of the time of day or time of
year; on any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport
| ||||||
10 | students to or from school or a school related activity; on | ||||||
11 | the real property
of a school; or on a public way within | ||||||
12 | 1,000 feet of the real property
comprising any school: | ||||||
13 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
14 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
15 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
16 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
17 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
18 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
19 | Criminal Code of 2012;
| ||||||
20 | (16.5) the defendant committed an offense in violation | ||||||
21 | of one of the
following Sections while in a day care | ||||||
22 | center, regardless of the time of day or
time of year; on | ||||||
23 | the real property of a day care center, regardless of the | ||||||
24 | time
of day or time of year; or on a public
way within | ||||||
25 | 1,000 feet of the real property comprising any day care | ||||||
26 | center,
regardless of the time of day or time of year:
|
| |||||||
| |||||||
1 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
2 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
3 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
4 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
5 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
6 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
7 | Criminal Code of 2012;
| ||||||
8 | (17) the defendant committed the offense by reason of | ||||||
9 | any person's
activity as a community policing volunteer or | ||||||
10 | to prevent any person from
engaging in activity as a | ||||||
11 | community policing volunteer. For the purpose of
this | ||||||
12 | Section, "community policing volunteer" has the meaning | ||||||
13 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
14 | 2012;
| ||||||
15 | (18) the defendant committed the offense in a nursing | ||||||
16 | home or on the
real
property comprising a nursing home. For | ||||||
17 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
18 | skilled nursing
or intermediate long term care facility | ||||||
19 | that is subject to license by the
Illinois Department of | ||||||
20 | Public Health under the Nursing Home Care
Act, the | ||||||
21 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
22 | the ID/DD Community Care Act;
| ||||||
23 | (19) the defendant was a federally licensed firearm | ||||||
24 | dealer
and
was
previously convicted of a violation of | ||||||
25 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
26 | Identification Card and Certificate of Handgun |
| |||||||
| |||||||
1 | Registration Act and has now committed either a felony
| ||||||
2 | violation
of the Firearm Owners Identification Card and | ||||||
3 | Certificate of Handgun Registration Act or an act of armed | ||||||
4 | violence while
armed
with a firearm; | ||||||
5 | (20) the defendant (i) committed the offense of | ||||||
6 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
8 | under the influence of alcohol, other drug or
drugs, | ||||||
9 | intoxicating compound or compounds or any combination | ||||||
10 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
11 | or a similar provision of a local ordinance and (ii) was | ||||||
12 | operating a motor vehicle in excess of 20 miles per hour | ||||||
13 | over the posted speed limit as provided in Article VI of | ||||||
14 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
15 | (21) the defendant (i) committed the offense of | ||||||
16 | reckless driving or aggravated reckless driving under | ||||||
17 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
18 | operating a motor vehicle in excess of 20 miles per hour | ||||||
19 | over the posted speed limit as provided in Article VI of | ||||||
20 | Chapter 11 of the Illinois Vehicle Code; | ||||||
21 | (22) the defendant committed the offense against a | ||||||
22 | person that the defendant knew, or reasonably should have | ||||||
23 | known, was a member of the Armed Forces of the United | ||||||
24 | States serving on active duty. For purposes of this clause | ||||||
25 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
26 | of the United States, including a member of any reserve |
| |||||||
| |||||||
1 | component thereof or National Guard unit called to active | ||||||
2 | duty;
| ||||||
3 | (23)
the defendant committed the offense against a | ||||||
4 | person who was elderly, disabled, or infirm by taking | ||||||
5 | advantage of a family or fiduciary relationship with the | ||||||
6 | elderly, disabled, or infirm person;
| ||||||
7 | (24)
the defendant committed any offense under Section | ||||||
8 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
9 | of 2012 and possessed 100 or more images;
| ||||||
10 | (25) the defendant committed the offense while the | ||||||
11 | defendant or the victim was in a train, bus, or other | ||||||
12 | vehicle used for public transportation; | ||||||
13 | (26) the defendant committed the offense of child | ||||||
14 | pornography or aggravated child pornography, specifically | ||||||
15 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
16 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
18 | solicited for, depicted in, or posed in any act of sexual | ||||||
19 | penetration or bound, fettered, or subject to sadistic, | ||||||
20 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
21 | and specifically including paragraph (1), (2), (3), (4), | ||||||
22 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
23 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
24 | engaged in, solicited for, depicted in, or posed in any act | ||||||
25 | of sexual penetration or bound, fettered, or subject to | ||||||
26 | sadistic, masochistic, or sadomasochistic abuse in a |
| |||||||
| |||||||
1 | sexual context; | ||||||
2 | (27) the defendant committed the offense of first | ||||||
3 | degree murder, assault, aggravated assault, battery, | ||||||
4 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
5 | robbery against a person who was a veteran and the | ||||||
6 | defendant knew, or reasonably should have known, that the | ||||||
7 | person was a veteran performing duties as a representative | ||||||
8 | of a veterans' organization. For the purposes of this | ||||||
9 | paragraph (27), "veteran" means an Illinois resident who | ||||||
10 | has served as a member of the United States Armed Forces, a | ||||||
11 | member of the Illinois National Guard, or a member of the | ||||||
12 | United States Reserve Forces; and "veterans' organization" | ||||||
13 | means an organization comprised of members of
which | ||||||
14 | substantially all are individuals who are veterans or | ||||||
15 | spouses,
widows, or widowers of veterans, the primary | ||||||
16 | purpose of which is to
promote the welfare of its members | ||||||
17 | and to provide assistance to the general
public in such a | ||||||
18 | way as to confer a public benefit; or | ||||||
19 | (28) the defendant committed the offense of assault, | ||||||
20 | aggravated assault, battery, aggravated battery, robbery, | ||||||
21 | armed robbery, or aggravated robbery against a person that | ||||||
22 | the defendant knew or reasonably should have known was a | ||||||
23 | letter carrier or postal worker while that person was | ||||||
24 | performing his or her duties delivering mail for the United | ||||||
25 | States Postal Service. | ||||||
26 | For the purposes of this Section:
|
| |||||||
| |||||||
1 | "School" is defined as a public or private
elementary or | ||||||
2 | secondary school, community college, college, or university.
| ||||||
3 | "Day care center" means a public or private State certified | ||||||
4 | and
licensed day care center as defined in Section 2.09 of the | ||||||
5 | Child Care Act of
1969 that displays a sign in plain view | ||||||
6 | stating that the
property is a day care center.
| ||||||
7 | "Public transportation" means the transportation
or | ||||||
8 | conveyance of persons by means available to the general public, | ||||||
9 | and includes paratransit services. | ||||||
10 | (b) The following factors, related to all felonies, may be | ||||||
11 | considered by the court as
reasons to impose an extended term | ||||||
12 | sentence under Section 5-8-2
upon any offender:
| ||||||
13 | (1) When a defendant is convicted of any felony, after | ||||||
14 | having
been previously convicted in Illinois or any other | ||||||
15 | jurisdiction of the
same or similar class felony or greater | ||||||
16 | class felony, when such conviction
has occurred within 10 | ||||||
17 | years after the
previous conviction, excluding time spent | ||||||
18 | in custody, and such charges are
separately brought and | ||||||
19 | tried and arise out of different series of acts; or
| ||||||
20 | (2) When a defendant is convicted of any felony and the | ||||||
21 | court
finds that the offense was accompanied by | ||||||
22 | exceptionally brutal
or heinous behavior indicative of | ||||||
23 | wanton cruelty; or
| ||||||
24 | (3) When a defendant is convicted of any felony | ||||||
25 | committed against:
| ||||||
26 | (i) a person under 12 years of age at the time of |
| |||||||
| |||||||
1 | the offense or such
person's property;
| ||||||
2 | (ii) a person 60 years of age or older at the time | ||||||
3 | of the offense or
such person's property; or
| ||||||
4 | (iii) a person physically handicapped at the time | ||||||
5 | of the offense or
such person's property; or
| ||||||
6 | (4) When a defendant is convicted of any felony and the | ||||||
7 | offense
involved any of the following types of specific | ||||||
8 | misconduct committed as
part of a ceremony, rite, | ||||||
9 | initiation, observance, performance, practice or
activity | ||||||
10 | of any actual or ostensible religious, fraternal, or social | ||||||
11 | group:
| ||||||
12 | (i) the brutalizing or torturing of humans or | ||||||
13 | animals;
| ||||||
14 | (ii) the theft of human corpses;
| ||||||
15 | (iii) the kidnapping of humans;
| ||||||
16 | (iv) the desecration of any cemetery, religious, | ||||||
17 | fraternal, business,
governmental, educational, or | ||||||
18 | other building or property; or
| ||||||
19 | (v) ritualized abuse of a child; or
| ||||||
20 | (5) When a defendant is convicted of a felony other | ||||||
21 | than conspiracy and
the court finds that
the felony was | ||||||
22 | committed under an agreement with 2 or more other persons
| ||||||
23 | to commit that offense and the defendant, with respect to | ||||||
24 | the other
individuals, occupied a position of organizer, | ||||||
25 | supervisor, financier, or any
other position of management | ||||||
26 | or leadership, and the court further finds that
the felony |
| |||||||
| |||||||
1 | committed was related to or in furtherance of the criminal
| ||||||
2 | activities of an organized gang or was motivated by the | ||||||
3 | defendant's leadership
in an organized gang; or
| ||||||
4 | (6) When a defendant is convicted of an offense | ||||||
5 | committed while using a firearm with a
laser sight attached | ||||||
6 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
7 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
8 | Code of
2012; or
| ||||||
9 | (7) When a defendant who was at least 17 years of age | ||||||
10 | at the
time of
the commission of the offense is convicted | ||||||
11 | of a felony and has been previously
adjudicated a | ||||||
12 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
13 | an act
that if committed by an adult would be a Class X or | ||||||
14 | Class 1 felony when the
conviction has occurred within 10 | ||||||
15 | years after the previous adjudication,
excluding time | ||||||
16 | spent in custody; or
| ||||||
17 | (8) When a defendant commits any felony and the | ||||||
18 | defendant used, possessed, exercised control over, or | ||||||
19 | otherwise directed an animal to assault a law enforcement | ||||||
20 | officer engaged in the execution of his or her official | ||||||
21 | duties or in furtherance of the criminal activities of an | ||||||
22 | organized gang in which the defendant is engaged; or
| ||||||
23 | (9) When a defendant commits any felony and the | ||||||
24 | defendant knowingly video or audio records the offense with | ||||||
25 | the intent to disseminate the recording. | ||||||
26 | (c) The following factors may be considered by the court as |
| |||||||
| |||||||
1 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
2 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
3 | (1) When a defendant is convicted of first degree | ||||||
4 | murder, after having been previously convicted in Illinois | ||||||
5 | of any offense listed under paragraph (c)(2) of Section | ||||||
6 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
7 | within 10 years after the previous conviction, excluding | ||||||
8 | time spent in custody, and the charges are separately | ||||||
9 | brought and tried and arise out of different series of | ||||||
10 | acts. | ||||||
11 | (1.5) When a defendant is convicted of first degree | ||||||
12 | murder, after having been previously convicted of domestic | ||||||
13 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
14 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
15 | having been previously convicted of violation of an order | ||||||
16 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
17 | was the protected person. | ||||||
18 | (2) When a defendant is convicted of voluntary | ||||||
19 | manslaughter, second degree murder, involuntary | ||||||
20 | manslaughter, or reckless homicide in which the defendant | ||||||
21 | has been convicted of causing the death of more than one | ||||||
22 | individual. | ||||||
23 | (3) When a defendant is convicted of aggravated | ||||||
24 | criminal sexual assault or criminal sexual assault, when | ||||||
25 | there is a finding that aggravated criminal sexual assault | ||||||
26 | or criminal sexual assault was also committed on the same |
| |||||||
| |||||||
1 | victim by one or more other individuals, and the defendant | ||||||
2 | voluntarily participated in the crime with the knowledge of | ||||||
3 | the participation of the others in the crime, and the | ||||||
4 | commission of the crime was part of a single course of | ||||||
5 | conduct during which there was no substantial change in the | ||||||
6 | nature of the criminal objective. | ||||||
7 | (4) If the victim was under 18 years of age at the time | ||||||
8 | of the commission of the offense, when a defendant is | ||||||
9 | convicted of aggravated criminal sexual assault or | ||||||
10 | predatory criminal sexual assault of a child under | ||||||
11 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
12 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
14 | (5) When a defendant is convicted of a felony violation | ||||||
15 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
17 | finding that the defendant is a member of an organized | ||||||
18 | gang. | ||||||
19 | (6) When a defendant was convicted of unlawful use of | ||||||
20 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
22 | a weapon that is not readily distinguishable as one of the | ||||||
23 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
25 | (7) When a defendant is convicted of an offense | ||||||
26 | involving the illegal manufacture of a controlled |
| |||||||
| |||||||
1 | substance under Section 401 of the Illinois Controlled | ||||||
2 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
3 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
4 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
5 | the illegal possession of explosives and an emergency | ||||||
6 | response officer in the performance of his or her duties is | ||||||
7 | killed or injured at the scene of the offense while | ||||||
8 | responding to the emergency caused by the commission of the | ||||||
9 | offense. In this paragraph, "emergency" means a situation | ||||||
10 | in which a person's life, health, or safety is in jeopardy; | ||||||
11 | and "emergency response officer" means a peace officer, | ||||||
12 | community policing volunteer, fireman, emergency medical | ||||||
13 | technician-ambulance, emergency medical | ||||||
14 | technician-intermediate, emergency medical | ||||||
15 | technician-paramedic, ambulance driver, other medical | ||||||
16 | assistance or first aid personnel, or hospital emergency | ||||||
17 | room personnel.
| ||||||
18 | (8) When the defendant is convicted of attempted mob | ||||||
19 | action, solicitation to commit mob action, or conspiracy to | ||||||
20 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
21 | Criminal Code of 2012, where the criminal object is a | ||||||
22 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
23 | an electronic communication is used in the commission of | ||||||
24 | the offense. For the purposes of this paragraph (8), | ||||||
25 | "electronic communication" shall have the meaning provided | ||||||
26 | in Section 26.5-0.1 of the Criminal Code of 2012. |
| |||||||
| |||||||
1 | (d) For the purposes of this Section, "organized gang" has | ||||||
2 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
3 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
4 | (e) The court may impose an extended term sentence under | ||||||
5 | Article 4.5 of Chapter V upon an offender who has been | ||||||
6 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
7 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
8 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
9 | when the victim of the offense is under 18 years of age at the | ||||||
10 | time of the commission of the offense and, during the | ||||||
11 | commission of the offense, the victim was under the influence | ||||||
12 | of alcohol, regardless of whether or not the alcohol was | ||||||
13 | supplied by the offender; and the offender, at the time of the | ||||||
14 | commission of the offense, knew or should have known that the | ||||||
15 | victim had consumed alcohol. | ||||||
16 | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | ||||||
17 | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
18 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | ||||||
19 | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. | ||||||
20 | 7-16-14.) | ||||||
21 | Section 51. The Stalking No Contact Order Act is amended by | ||||||
22 | changing Section 80 as follows: | ||||||
23 | (740 ILCS 21/80)
| ||||||
24 | Sec. 80. Stalking no contact orders; remedies. |
| |||||||
| |||||||
1 | (a) If the court finds that the petitioner has been a | ||||||
2 | victim of stalking, a stalking no contact order shall issue; | ||||||
3 | provided that the petitioner must also satisfy the requirements | ||||||
4 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
5 | orders. The petitioner shall not be denied a stalking no | ||||||
6 | contact order because the petitioner or the respondent is a | ||||||
7 | minor. The court, when determining whether or not to issue a | ||||||
8 | stalking no contact order, may not require physical injury on | ||||||
9 | the person of the petitioner. Modification and extension of | ||||||
10 | prior stalking no contact orders shall be in accordance with | ||||||
11 | this Act. | ||||||
12 | (b) A stalking no contact order shall order one or more of | ||||||
13 | the following: | ||||||
14 | (1) prohibit the respondent from threatening to commit | ||||||
15 | or committing stalking; | ||||||
16 | (2) order the respondent not to have any contact with | ||||||
17 | the petitioner or a third person specifically named by the | ||||||
18 | court; | ||||||
19 | (3) prohibit the respondent from knowingly coming | ||||||
20 | within, or knowingly remaining within a specified distance | ||||||
21 | of the petitioner or the petitioner's residence, school, | ||||||
22 | daycare, or place of employment, or any specified place | ||||||
23 | frequented by the petitioner; however, the court may order | ||||||
24 | the respondent to stay away from the respondent's own | ||||||
25 | residence, school, or place of employment only if the | ||||||
26 | respondent has been provided actual notice of the |
| |||||||
| |||||||
1 | opportunity to appear and be heard on the petition; | ||||||
2 | (4) prohibit the respondent from possessing a Firearm | ||||||
3 | Owners Identification Card or certificate of handgun | ||||||
4 | registration , or possessing or buying firearms; and | ||||||
5 | (5) order other injunctive relief the court determines | ||||||
6 | to be necessary to protect the petitioner or third party | ||||||
7 | specifically named by the court. | ||||||
8 | (b-5) When the petitioner and the respondent attend the | ||||||
9 | same public, private, or non-public elementary, middle, or high | ||||||
10 | school, the court when issuing a stalking no contact order and | ||||||
11 | providing relief shall consider the severity of the act, any | ||||||
12 | continuing physical danger or emotional distress to the | ||||||
13 | petitioner, the educational rights guaranteed to the | ||||||
14 | petitioner and respondent under federal and State law, the | ||||||
15 | availability of a transfer of the respondent to another school, | ||||||
16 | a change of placement or a change of program of the respondent, | ||||||
17 | the expense, difficulty, and educational disruption that would | ||||||
18 | be caused by a transfer of the respondent to another school, | ||||||
19 | and any other relevant facts of the case. The court may order | ||||||
20 | that the respondent not attend the public, private, or | ||||||
21 | non-public elementary, middle, or high school attended by the | ||||||
22 | petitioner, order that the respondent accept a change of | ||||||
23 | placement or program, as determined by the school district or | ||||||
24 | private or non-public school, or place restrictions on the | ||||||
25 | respondent's movements within the school attended by the | ||||||
26 | petitioner.
The respondent bears the burden of proving by a |
| |||||||
| |||||||
1 | preponderance of the evidence that a transfer, change of | ||||||
2 | placement, or change of program of the respondent is not | ||||||
3 | available. The respondent also bears the burden of production | ||||||
4 | with respect to the expense, difficulty, and educational | ||||||
5 | disruption that would be caused by a transfer of the respondent | ||||||
6 | to another school. A transfer, change of placement, or change | ||||||
7 | of program is not unavailable to the respondent solely on the | ||||||
8 | ground that the respondent does not agree with the school | ||||||
9 | district's or private or non-public school's transfer, change | ||||||
10 | of placement, or change of program or solely on the ground that | ||||||
11 | the respondent fails or refuses to consent to or otherwise does | ||||||
12 | not take an action required to effectuate a transfer, change of | ||||||
13 | placement, or change of program.
When a court orders a | ||||||
14 | respondent to stay away from the public, private, or non-public | ||||||
15 | school attended by the petitioner and the respondent requests a | ||||||
16 | transfer to another attendance center within the respondent's | ||||||
17 | school district or private or non-public school, the school | ||||||
18 | district or private or non-public school shall have sole | ||||||
19 | discretion to determine the attendance center to which the | ||||||
20 | respondent is transferred.
In the event the court order results | ||||||
21 | in a transfer of the minor respondent to another attendance | ||||||
22 | center, a change in the respondent's placement, or a change of | ||||||
23 | the respondent's program, the parents, guardian, or legal | ||||||
24 | custodian of the respondent is responsible for transportation | ||||||
25 | and other costs associated with the transfer or change. | ||||||
26 | (b-6) The court may order the parents, guardian, or legal |
| |||||||
| |||||||
1 | custodian of a minor respondent to take certain actions or to | ||||||
2 | refrain from taking certain actions to ensure that the | ||||||
3 | respondent complies with the order. In the event the court | ||||||
4 | orders a transfer of the respondent to another school, the | ||||||
5 | parents, guardian, or legal custodian of the respondent are | ||||||
6 | responsible for transportation and other costs associated with | ||||||
7 | the change of school by the respondent. | ||||||
8 | (b-7) The court shall not hold a school district or private | ||||||
9 | or non-public school or any of its employees in civil or | ||||||
10 | criminal contempt unless the school district or private or | ||||||
11 | non-public school has been allowed to intervene. | ||||||
12 | (b-8) The court may hold the parents, guardian, or legal | ||||||
13 | custodian of a minor respondent in civil or criminal contempt | ||||||
14 | for a violation of any provision of any order entered under | ||||||
15 | this Act for conduct of the minor respondent in violation of | ||||||
16 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
17 | encouraged, or assisted the respondent minor in such conduct. | ||||||
18 | (c) The court may award the petitioner costs and attorneys | ||||||
19 | fees if a stalking no contact order is granted. | ||||||
20 | (d) Monetary damages are not recoverable as a remedy. | ||||||
21 | (e) If the stalking no contact order prohibits the | ||||||
22 | respondent from possessing a Firearm Owner's Identification | ||||||
23 | Card, or possessing or buying firearms; the court shall | ||||||
24 | confiscate the respondent's Firearm Owner's Identification | ||||||
25 | Card and immediately return the card to the Department of State | ||||||
26 | Police Firearm Owner's Identification Card Office.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
2 | 97-1131, eff. 1-1-13.) | ||||||
3 | Section 55. The Mental Health and Developmental | ||||||
4 | Disabilities Confidentiality Act is amended by changing | ||||||
5 | Section 12 as follows:
| ||||||
6 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
7 | Sec. 12. (a) If the United States Secret Service or the | ||||||
8 | Department of
State Police requests information from a mental | ||||||
9 | health or developmental
disability facility, as defined in | ||||||
10 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
11 | Disabilities Code, relating to a specific
recipient and the | ||||||
12 | facility director determines that disclosure of such
| ||||||
13 | information may be necessary to protect the life of, or to | ||||||
14 | prevent
the infliction of great bodily harm to, a public | ||||||
15 | official,
or a person under the protection of the United
States | ||||||
16 | Secret Service, only the following information
may be | ||||||
17 | disclosed: the recipient's name, address, and age and the date | ||||||
18 | of
any admission to or discharge from a facility; and any | ||||||
19 | information which
would indicate whether or not the recipient | ||||||
20 | has a history of violence or
presents a danger of violence to | ||||||
21 | the person under protection. Any information
so disclosed shall | ||||||
22 | be used for investigative purposes only and shall not
be | ||||||
23 | publicly disseminated.
Any person participating in good faith | ||||||
24 | in the disclosure of such
information in accordance with this |
| |||||||
| |||||||
1 | provision shall have immunity from any
liability, civil, | ||||||
2 | criminal or otherwise, if such information is disclosed
relying | ||||||
3 | upon the representation of an officer of the United States | ||||||
4 | Secret
Service or the Department of State Police that a person | ||||||
5 | is under the
protection of the United States Secret Service or | ||||||
6 | is a public official.
| ||||||
7 | For the purpose of this subsection (a), the term "public | ||||||
8 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
9 | General, Secretary of State,
State Comptroller, State | ||||||
10 | Treasurer, member of the General Assembly, member of the United | ||||||
11 | States Congress, Judge of the United States as defined in 28 | ||||||
12 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
13 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
14 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
15 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
16 | Illinois. The
term shall also include the spouse, child or | ||||||
17 | children of a public official.
| ||||||
18 | (b) The Department of Human Services (acting as successor | ||||||
19 | to the
Department of Mental Health and Developmental | ||||||
20 | Disabilities) and all
public or private hospitals and mental | ||||||
21 | health facilities are required, as hereafter described in this | ||||||
22 | subsection,
to furnish the Department of State Police only such | ||||||
23 | information as may
be required for the sole purpose of | ||||||
24 | determining whether an individual who
may be or may have been a | ||||||
25 | patient is disqualified because of that status
from receiving | ||||||
26 | or retaining a Firearm Owner's Identification Card or falls |
| |||||||
| |||||||
1 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
2 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
3 | Identification Card and Certificate of Handgun Registration | ||||||
4 | Act, or falls within the federal prohibitors in 18 U.S.C. | ||||||
5 | 922(g) and (n). All physicians, clinical psychologists, or | ||||||
6 | qualified examiners at public or private mental health | ||||||
7 | facilities or parts thereof as defined in this subsection | ||||||
8 | shall, in the form and manner required
by the Department, | ||||||
9 | provide notice directly to the Department of Human Services, or | ||||||
10 | to his or her employer who shall then report to the Department, | ||||||
11 | within 24 hours after determining that a patient as described | ||||||
12 | in clause (2) of the definition of "patient" in Section 1.1 of | ||||||
13 | the Firearm Owners Identification Card and Certificate of | ||||||
14 | Handgun Registration Act poses a clear and present danger to | ||||||
15 | himself, herself, or others, or is determined to be | ||||||
16 | developmentally disabled. This information shall be furnished | ||||||
17 | within 24 hours after the physician, clinical psychologist, or | ||||||
18 | qualified examiner has made a determination, or within 7 days | ||||||
19 | after
admission to a public or private hospital or mental | ||||||
20 | health facility or the provision of services to a patient | ||||||
21 | described in clause (1) of the definition of "patient" in | ||||||
22 | Section 1.1 of the Firearm Owners Identification Card and | ||||||
23 | Certificate of Handgun Registration Act. Any such information | ||||||
24 | disclosed under
this subsection shall
remain privileged and | ||||||
25 | confidential, and shall not be redisclosed, except as required | ||||||
26 | by subsection (e) of Section 3.1 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card and Certificate of Handgun Registration | ||||||
2 | Act, nor utilized
for any other purpose. The method of | ||||||
3 | requiring the providing of such
information shall guarantee | ||||||
4 | that no information is released beyond what
is necessary for | ||||||
5 | this purpose. In addition, the information disclosed
shall be | ||||||
6 | provided
by the Department within the time period established | ||||||
7 | by Section 24-3 of the
Criminal Code of 2012 regarding the | ||||||
8 | delivery of firearms. The method used
shall be sufficient to | ||||||
9 | provide the necessary information within the
prescribed time | ||||||
10 | period, which may include periodically providing
lists to the | ||||||
11 | Department of Human Services
or any public or private hospital | ||||||
12 | or mental health facility of Firearm Owner's Identification | ||||||
13 | Card applicants
on which the Department or hospital shall | ||||||
14 | indicate the identities of those
individuals who are to its | ||||||
15 | knowledge disqualified from having a Firearm
Owner's | ||||||
16 | Identification Card for reasons described herein. The | ||||||
17 | Department
may provide for a centralized source
of information | ||||||
18 | for the State on this subject under its jurisdiction. The | ||||||
19 | identity of the person reporting under this subsection shall | ||||||
20 | not be disclosed to the subject of the report. For the purposes | ||||||
21 | of this subsection, the physician, clinical psychologist, or | ||||||
22 | qualified examiner making the determination and his or her | ||||||
23 | employer shall not be held criminally, civilly, or | ||||||
24 | professionally liable for making or not making the notification | ||||||
25 | required under this subsection, except for willful or wanton | ||||||
26 | misconduct.
|
| |||||||
| |||||||
1 | Any person, institution, or agency, under this Act, | ||||||
2 | participating in
good faith in the reporting or disclosure of | ||||||
3 | records and communications
otherwise in accordance with this | ||||||
4 | provision or with rules, regulations or
guidelines issued by | ||||||
5 | the Department shall have immunity from any
liability, civil, | ||||||
6 | criminal or otherwise, that might result by reason of the
| ||||||
7 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
8 | arising out of a report or disclosure in accordance with this | ||||||
9 | provision,
the good faith of any person,
institution, or agency | ||||||
10 | so reporting or disclosing shall be presumed. The
full extent | ||||||
11 | of the immunity provided in this subsection (b) shall apply to
| ||||||
12 | any person, institution or agency that fails to make a report | ||||||
13 | or disclosure
in the good faith belief that the report or | ||||||
14 | disclosure would violate
federal regulations governing the | ||||||
15 | confidentiality of alcohol and drug abuse
patient records | ||||||
16 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
17 | For purposes of this subsection (b) only, the following | ||||||
18 | terms shall have
the meaning prescribed:
| ||||||
19 | (1) (Blank).
| ||||||
20 | (1.3) "Clear and present danger" has the meaning as | ||||||
21 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
22 | Card and Certificate of Handgun Registration Act. | ||||||
23 | (1.5) "Developmentally disabled" has the meaning as | ||||||
24 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
25 | Card and Certificate of Handgun Registration Act.
| ||||||
26 | (2) "Patient" has the meaning as defined in Section 1.1 |
| |||||||
| |||||||
1 | of the Firearm Owners Identification Card and Certificate | ||||||
2 | of Handgun Registration Act.
| ||||||
3 | (3) "Mental health facility" has the meaning as defined | ||||||
4 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
5 | and Certificate of Handgun Registration Act.
| ||||||
6 | (c) Upon the request of a peace officer who takes a person | ||||||
7 | into custody
and transports such person to a mental health or | ||||||
8 | developmental disability
facility pursuant to Section 3-606 or | ||||||
9 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
10 | or who transports a person from such facility,
a facility | ||||||
11 | director shall furnish said peace officer the name, address, | ||||||
12 | age
and name of the nearest relative of the person transported | ||||||
13 | to or from the
mental health or developmental disability | ||||||
14 | facility. In no case shall the
facility director disclose to | ||||||
15 | the peace officer any information relating to the
diagnosis, | ||||||
16 | treatment or evaluation of the person's mental or physical | ||||||
17 | health.
| ||||||
18 | For the purposes of this subsection (c), the terms "mental | ||||||
19 | health or
developmental disability facility", "peace officer" | ||||||
20 | and "facility director"
shall have the meanings ascribed to | ||||||
21 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
22 | (d) Upon the request of a peace officer or prosecuting | ||||||
23 | authority who is
conducting a bona fide investigation of a | ||||||
24 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
25 | justice,
a facility director may disclose whether a person is | ||||||
26 | present at the facility.
Upon request of a peace officer or |
| |||||||
| |||||||
1 | prosecuting authority who has a valid
forcible felony warrant | ||||||
2 | issued, a facility director shall disclose: (1) whether
the | ||||||
3 | person who is the subject of the warrant is present at the | ||||||
4 | facility and (2)
the
date of that person's discharge or future | ||||||
5 | discharge from the facility.
The requesting peace officer or | ||||||
6 | prosecuting authority must furnish a case
number and the | ||||||
7 | purpose of the investigation or an outstanding arrest warrant | ||||||
8 | at
the time of the request. Any person, institution, or agency
| ||||||
9 | participating in good faith in disclosing such information in | ||||||
10 | accordance with
this subsection (d) is immune from any | ||||||
11 | liability, civil, criminal or
otherwise, that might result by | ||||||
12 | reason of the action.
| ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
14 | Section 60. The Uniform Disposition of Unclaimed Property | ||||||
15 | Act is amended by changing Section 1 as follows:
| ||||||
16 | (765 ILCS 1025/1) (from Ch. 141, par. 101)
| ||||||
17 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
18 | requires:
| ||||||
19 | (a) "Banking organization" means any bank, trust company, | ||||||
20 | savings bank,
industrial bank, land bank, safe deposit company, | ||||||
21 | or a private banker.
| ||||||
22 | (b) "Business association" means any corporation, joint | ||||||
23 | stock company,
business trust, partnership, or any
| ||||||
24 | association, limited liability company, or other business |
| |||||||
| |||||||
1 | entity consisting
of one or more persons, whether or not for | ||||||
2 | profit.
| ||||||
3 | (c) "Financial organization" means any savings and loan | ||||||
4 | association,
building and loan association, credit union, | ||||||
5 | currency exchange,
co-operative bank, mutual funds, or | ||||||
6 | investment company.
| ||||||
7 | (d) "Holder" means any person in possession of property | ||||||
8 | subject to this
Act belonging to another, or who is trustee in | ||||||
9 | case of a trust, or is
indebted to another on an obligation | ||||||
10 | subject to this Act.
| ||||||
11 | (e) "Life insurance corporation" means any association or | ||||||
12 | corporation
transacting the business of insurance on the lives | ||||||
13 | of
persons or insurance appertaining thereto, including, but | ||||||
14 | not by way of
limitation, endowments and annuities.
| ||||||
15 | (f) "Owner" means a depositor in case of a deposit, a | ||||||
16 | beneficiary in
case of a trust, a creditor, claimant, or payee | ||||||
17 | in case of other property, or any person having a legal or | ||||||
18 | equitable interest in property
subject to this Act, or his | ||||||
19 | legal representative.
| ||||||
20 | (g) "Person" means any individual, business association, | ||||||
21 | financial
organization, government or
political subdivision or | ||||||
22 | agency, public authority,
estate, trust, or any other legal or
| ||||||
23 | commercial entity.
| ||||||
24 | (h) "Utility" means any person who owns or operates,
for | ||||||
25 | public use, any plant, equipment, property, franchise, or | ||||||
26 | license for
the transmission of communications or the |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | production, storage,
transmission, sale, delivery, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | furnishing of electricity, water,
steam, oil or gas.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (i) (Blank).
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (j) "Insurance company" means any person transacting the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | kinds of
business enumerated in Section 4 of the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Insurance Code other than
life insurance.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (k) "Economic loss", as used in Sections 2a and 9 of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Act includes,
but is not limited to,
delivery charges, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | mark-downs and write-offs, carrying
costs, restocking charges, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | lay-aways, special orders, issuance of credit memos,
and the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | costs of special services or goods
provided that reduce the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | property value or that result in lost sales
opportunity.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (l) "Reportable property" means property, tangible or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | intangible, presumed
abandoned under this Act that must be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | appropriately and timely reported and
remitted to the Office of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | the State Treasurer under this
Act. Interest, dividends, stock | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | splits,
warrants, or other rights that become reportable | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | property under this Act
include the underlying security or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | commodity giving rise to the interest,
dividend, split, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | warrant, or other right to which the owner would be entitled.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (m) "Firearm" has the meaning ascribed to that term in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Firearm Owners
Identification Card and Certificate of Handgun | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Registration Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | eff. 6-2-00.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||