99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5650

 

Introduced , by Rep. Thomas Bennett

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.


LRB099 18253 SLF 42623 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions exemptions. To the extent
8provided for by the statutes referenced below, the following
9shall 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 Portability and
21    Accountability and Portability Act of 1996, Public Law
22    104-191, or any subsequent amendments thereto, and any
23    regulations promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act before the
3    effective date of this amendatory Act of the 99th General
4    Assembly or applied for or received a concealed carry
5    license under the Firearm Concealed Carry Act, unless
6    otherwise authorized by the Firearm Concealed Carry Act;
7    and databases under the Firearm Concealed Carry Act,
8    records of the Concealed Carry Licensing Review Board under
9    the Firearm Concealed Carry Act, and law enforcement agency
10    objections under the Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

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1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) (bb) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
11eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1299-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
13revised 10-14-15.)
 
14    Section 10. The Department of State Police Law of the Civil
15Administrative Code of Illinois is amended by changing Sections
162605-45, 2605-300, and 2605-595 as follows:
 
17    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
18    Sec. 2605-45. Division of Administration. The Division of
19Administration shall exercise the following functions:
20        (1) Exercise the rights, powers, and duties vested in
21    the Department by the Governor's Office of Management and
22    Budget Act.
23        (2) Pursue research and the publication of studies
24    pertaining to local law enforcement activities.

 

 

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1        (3) Exercise the rights, powers, and duties vested in
2    the Department by the Personnel Code.
3        (4) Operate an electronic data processing and computer
4    center for the storage and retrieval of data pertaining to
5    criminal activity.
6        (5) Exercise the rights, powers, and duties vested in
7    the former Division of State Troopers by Section 17 of the
8    State Police Act.
9        (6) Exercise the rights, powers, and duties vested in
10    the Department by "An Act relating to internal auditing in
11    State government", approved August 11, 1967 (repealed; now
12    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
13        (6.5) (Blank). Exercise the rights, powers, and duties
14    vested in the Department by the Firearm Owners
15    Identification Card Act.
16        (7) Exercise other duties that may be assigned by the
17    Director to fulfill the responsibilities and achieve the
18    purposes of the Department.
19(Source: P.A. 94-793, eff. 5-19-06.)
 
20    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
21    Sec. 2605-300. Records; crime laboratories; personnel. To
22do the following:
23        (1) Be a central repository and custodian of criminal
24    statistics for the State.
25        (2) Be a central repository for criminal history record

 

 

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1    information.
2        (3) Procure and file for record information that is
3    necessary and helpful to plan programs of crime prevention,
4    law enforcement, and criminal justice.
5        (4) Procure and file for record copies of fingerprints
6    that may be required by law.
7        (5) Establish general and field crime laboratories.
8        (6) Register and file for record information that may
9    be required by law for the issuance of firearm owner's
10    identification cards under the Firearm Owners
11    Identification Card Act and concealed carry licenses under
12    the Firearm Concealed Carry Act.
13        (7) Employ polygraph operators, laboratory
14    technicians, and other specially qualified persons to aid
15    in the identification of criminal activity.
16        (8) Undertake other identification, information,
17    laboratory, statistical, or registration activities that
18    may be required by law.
19(Source: P.A. 98-63, eff. 7-9-13.)
 
20    (20 ILCS 2605/2605-595)
21    Sec. 2605-595. State Police Firearm Services Fund.
22    (a) There is created in the State treasury a special fund
23known as the State Police Firearm Services Fund. The Fund shall
24receive revenue under the Firearm Concealed Carry Act and
25Section 5 of the Firearm Owners Identification Card Act. The

 

 

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1Fund may also receive revenue from grants, pass-through grants,
2donations, appropriations, and any other legal source.
3    (b) The Department of State Police may use moneys in the
4Fund to finance any of its lawful purposes, mandates,
5functions, and duties under the Firearm Owners Identification
6Card Act and the Firearm Concealed Carry Act, including the
7cost of sending notices of expiration of Firearm Owner's
8Identification Cards, concealed carry licenses, the prompt and
9efficient processing of applications under the Firearm Owners
10Identification Card Act and the Firearm Concealed Carry Act,
11the improved efficiency and reporting of the LEADS and federal
12NICS law enforcement data systems, and support for
13investigations required under that Act these Acts and law. Any
14surplus funds beyond what is needed to comply with the
15aforementioned purposes shall be used by the Department to
16improve the Law Enforcement Agencies Data System (LEADS) and
17criminal history background check system.
18    (c) Investment income that is attributable to the
19investment of moneys in the Fund shall be retained in the Fund
20for the uses specified in this Section.
21(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
22    (20 ILCS 2605/2605-120 rep.)
23    Section 15. The Department of State Police Law of the Civil
24Administrative Code of Illinois is amended by repealing Section
252605-120.
 

 

 

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1    Section 20. The Criminal Identification Act is amended by
2changing Section 2.2 as follows:
 
3    (20 ILCS 2630/2.2)
4    Sec. 2.2. Notification to the Department. Upon judgment of
5conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
7Code of 2012 when the defendant has been determined, pursuant
8to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
9to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
10circuit court clerk shall include notification and a copy of
11the written determination in a report of the conviction to the
12Department of State Police Firearm Owner's Identification Card
13Office to enable the Department office to perform its duties
14under the Firearm Concealed Carry Act and Sections 4 and 8 of
15the Firearm Owners Identification Card Act and to report that
16determination to the Federal Bureau of Investigation to assist
17the Federal Bureau of Investigation in identifying persons
18prohibited from purchasing and possessing a firearm pursuant to
19the provisions of 18 U.S.C. 922. The written determination
20described in this Section shall be included in the defendant's
21record of arrest and conviction in the manner and form
22prescribed by the Department of State Police.
23(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 25. The State Finance Act is amended by changing
2Section 6z-99 as follows:
 
3    (30 ILCS 105/6z-99)
4    Sec. 6z-99. The Mental Health Reporting Fund.
5    (a) There is created in the State treasury a special fund
6known as the Mental Health Reporting Fund. The Fund shall
7receive revenue under the Firearm Concealed Carry Act. The Fund
8may also receive revenue from grants, pass-through grants,
9donations, appropriations, and any other legal source.
10    (b) The Department of State Police and Department of Human
11Services shall coordinate to use moneys in the Fund to finance
12their respective duties of collecting and reporting data on
13mental health records and ensuring that mental health firearm
14possession prohibitors are enforced as set forth under the
15Firearm Concealed Carry Act and the Firearm Owners
16Identification Card Act. Any surplus in the Fund beyond what is
17necessary to ensure compliance with mental health reporting
18under that Act these Acts shall be used by the Department of
19Human Services for mental health treatment programs.
20    (c) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
23(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
24    Section 30. The Peace Officer Firearm Training Act is

 

 

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1amended by changing Section 1 as follows:
 
2    (50 ILCS 710/1)  (from Ch. 85, par. 515)
3    Sec. 1. Definitions. As used in this Act:
4    (a) "Peace officer" means (i) any person who by virtue of
5his office or public employment is vested by law with a primary
6duty to maintain public order or to make arrests for offenses,
7whether that duty extends to all offenses or is limited to
8specific offenses, and who is employed in such capacity by any
9county or municipality or (ii) any retired law enforcement
10officers qualified under federal law to carry a concealed
11weapon.
12    (a-5) "Probation officer" means a county probation officer
13authorized by the Chief Judge of the Circuit Court to carry a
14firearm as part of his or her duties under Section 12 of the
15Probation and Probation Officers Act and Section 24-2 of the
16Criminal Code of 2012.
17    (b) "Firearms" means any weapon or device defined as a
18firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
19"An Act relating to the acquisition, possession and transfer of
20firearms and firearm ammunition, to provide a penalty for the
21violation thereof and to make an appropriation in connection
22therewith", approved August 3, 1967, as amended.
23(Source: P.A. 98-725, eff. 1-1-15.)
 
24    Section 35. The School Code is amended by changing Sections

 

 

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110-22.6, 10-27.1A and 34-8.05 as follows:
 
2    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
3    (Text of Section after amendment by P.A. 99-456)
4    Sec. 10-22.6. Suspension or expulsion of pupils; school
5searches.
6    (a) To expel pupils guilty of gross disobedience or
7misconduct, including gross disobedience or misconduct
8perpetuated by electronic means, pursuant to subsection (b-20)
9of this Section, and no action shall lie against them for such
10expulsion. Expulsion shall take place only after the parents
11have been requested to appear at a meeting of the board, or
12with a hearing officer appointed by it, to discuss their
13child's behavior. Such request shall be made by registered or
14certified mail and shall state the time, place and purpose of
15the meeting. The board, or a hearing officer appointed by it,
16at such meeting shall state the reasons for dismissal and the
17date on which the expulsion is to become effective. If a
18hearing officer is appointed by the board he shall report to
19the board a written summary of the evidence heard at the
20meeting and the board may take such action thereon as it finds
21appropriate. If the board acts to expel a pupil, the written
22expulsion decision shall detail the specific reasons why
23removing the pupil from the learning environment is in the best
24interest of the school. The expulsion decision shall also
25include a rationale as to the specific duration of the

 

 

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1expulsion. An expelled pupil may be immediately transferred to
2an alternative program in the manner provided in Article 13A or
313B of this Code. A pupil must not be denied transfer because
4of the expulsion, except in cases in which such transfer is
5deemed to cause a threat to the safety of students or staff in
6the alternative program.
7    (b) To suspend or by policy to authorize the superintendent
8of the district or the principal, assistant principal, or dean
9of students of any school to suspend pupils guilty of gross
10disobedience or misconduct, or to suspend pupils guilty of
11gross disobedience or misconduct on the school bus from riding
12the school bus, pursuant to subsections (b-15) and (b-20) of
13this Section, and no action shall lie against them for such
14suspension. The board may by policy authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend pupils
17guilty of such acts for a period not to exceed 10 school days.
18If a pupil is suspended due to gross disobedience or misconduct
19on a school bus, the board may suspend the pupil in excess of
2010 school days for safety reasons.
21     Any suspension shall be reported immediately to the
22parents or guardian of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardian the

 

 

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1school board or a hearing officer appointed by it shall review
2such action of the superintendent or principal, assistant
3principal, or dean of students. At such review the parents or
4guardian of the pupil may appear and discuss the suspension
5with the board or its hearing officer. If a hearing officer is
6appointed by the board he shall report to the board a written
7summary of the evidence heard at the meeting. After its hearing
8or upon receipt of the written report of its hearing officer,
9the board may take such action as it finds appropriate. If a
10student is suspended pursuant to this subsection (b), the board
11shall, in the written suspension decision, detail the specific
12act of gross disobedience or misconduct resulting in the
13decision to suspend. The suspension decision shall also include
14a rationale as to the specific duration of the suspension. A
15pupil who is suspended in excess of 20 school days may be
16immediately transferred to an alternative program in the manner
17provided in Article 13A or 13B of this Code. A pupil must not
18be denied transfer because of the suspension, except in cases
19in which such transfer is deemed to cause a threat to the
20safety of students or staff in the alternative program.
21    (b-5) Among the many possible disciplinary interventions
22and consequences available to school officials, school
23exclusions, such as out-of-school suspensions and expulsions,
24are the most serious. School officials shall limit the number
25and duration of expulsions and suspensions to the greatest
26extent practicable, and it is recommended that they use them

 

 

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1only for legitimate educational purposes. To ensure that
2students are not excluded from school unnecessarily, it is
3recommended that school officials consider forms of
4non-exclusionary discipline prior to using out-of-school
5suspensions or expulsions.
6    (b-10) Unless otherwise required by federal law or this
7Code, school boards may not institute zero-tolerance policies
8by which school administrators are required to suspend or expel
9students for particular behaviors.
10    (b-15) Out-of-school suspensions of 3 days or less may be
11used only if the student's continuing presence in school would
12pose a threat to school safety or a disruption to other
13students' learning opportunities. For purposes of this
14subsection (b-15), "threat to school safety or a disruption to
15other students' learning opportunities" shall be determined on
16a case-by-case basis by the school board or its designee.
17School officials shall make all reasonable efforts to resolve
18such threats, address such disruptions, and minimize the length
19of suspensions to the greatest extent practicable.
20    (b-20) Unless otherwise required by this Code,
21out-of-school suspensions of longer than 3 days, expulsions,
22and disciplinary removals to alternative schools may be used
23only if other appropriate and available behavioral and
24disciplinary interventions have been exhausted and the
25student's continuing presence in school would either (i) pose a
26threat to the safety of other students, staff, or members of

 

 

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1the school community or (ii) substantially disrupt, impede, or
2interfere with the operation of the school. For purposes of
3this subsection (b-20), "threat to the safety of other
4students, staff, or members of the school community" and
5"substantially disrupt, impede, or interfere with the
6operation of the school" shall be determined on a case-by-case
7basis by school officials. For purposes of this subsection
8(b-20), the determination of whether "appropriate and
9available behavioral and disciplinary interventions have been
10exhausted" shall be made by school officials. School officials
11shall make all reasonable efforts to resolve such threats,
12address such disruptions, and minimize the length of student
13exclusions to the greatest extent practicable. Within the
14suspension decision described in subsection (b) of this Section
15or the expulsion decision described in subsection (a) of this
16Section, it shall be documented whether other interventions
17were attempted or whether it was determined that there were no
18other appropriate and available interventions.
19    (b-25) Students who are suspended out-of-school for longer
20than 4 school days shall be provided appropriate and available
21support services during the period of their suspension. For
22purposes of this subsection (b-25), "appropriate and available
23support services" shall be determined by school authorities.
24Within the suspension decision described in subsection (b) of
25this Section, it shall be documented whether such services are
26to be provided or whether it was determined that there are no

 

 

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1such appropriate and available services.
2    A school district may refer students who are expelled to
3appropriate and available support services.
4    A school district shall create a policy to facilitate the
5re-engagement of students who are suspended out-of-school,
6expelled, or returning from an alternative school setting.
7    (b-30) A school district shall create a policy by which
8suspended pupils, including those pupils suspended from the
9school bus who do not have alternate transportation to school,
10shall have the opportunity to make up work for equivalent
11academic credit. It shall be the responsibility of a pupil's
12parent or guardian to notify school officials that a pupil
13suspended from the school bus does not have alternate
14transportation to school.
15    (c) The Department of Human Services shall be invited to
16send a representative to consult with the board at such meeting
17whenever there is evidence that mental illness may be the cause
18for expulsion or suspension.
19    (c-5) School districts shall make reasonable efforts to
20provide ongoing professional development to teachers,
21administrators, school board members, school resource
22officers, and staff on the adverse consequences of school
23exclusion and justice-system involvement, effective classroom
24management strategies, culturally responsive discipline, and
25developmentally appropriate disciplinary methods that promote
26positive and healthy school climates.

 

 

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1    (d) The board may expel a student for a definite period of
2time not to exceed 2 calendar years, as determined on a case by
3case basis. A student who is determined to have brought one of
4the following objects to school, any school-sponsored activity
5or event, or any activity or event that bears a reasonable
6relationship to school shall be expelled for a period of not
7less than one year:
8        (1) A firearm. For the purposes of this Section,
9    "firearm" means any gun, rifle, shotgun, weapon as defined
10    by Section 921 of Title 18 of the United States Code,
11    firearm as defined in Section 2-7.5 1.1 of the Firearm
12    Owners Identification Card Act, or firearm as defined in
13    Section 24-1 of the Criminal Code of 2012. The expulsion
14    period under this subdivision (1) may be modified by the
15    superintendent, and the superintendent's determination may
16    be modified by the board on a case-by-case basis.
17        (2) A knife, brass knuckles or other knuckle weapon
18    regardless of its composition, a billy club, or any other
19    object if used or attempted to be used to cause bodily
20    harm, including "look alikes" of any firearm as defined in
21    subdivision (1) of this subsection (d). The expulsion
22    requirement under this subdivision (2) may be modified by
23    the superintendent, and the superintendent's determination
24    may be modified by the board on a case-by-case basis.
25Expulsion or suspension shall be construed in a manner
26consistent with the Federal Individuals with Disabilities

 

 

HB5650- 20 -LRB099 18253 SLF 42623 b

1Education Act. A student who is subject to suspension or
2expulsion as provided in this Section may be eligible for a
3transfer to an alternative school program in accordance with
4Article 13A of the School Code.
5    (d-5) The board may suspend or by regulation authorize the
6superintendent of the district or the principal, assistant
7principal, or dean of students of any school to suspend a
8student for a period not to exceed 10 school days or may expel
9a student for a definite period of time not to exceed 2
10calendar years, as determined on a case by case basis, if (i)
11that student has been determined to have made an explicit
12threat on an Internet website against a school employee, a
13student, or any school-related personnel, (ii) the Internet
14website through which the threat was made is a site that was
15accessible within the school at the time the threat was made or
16was available to third parties who worked or studied within the
17school grounds at the time the threat was made, and (iii) the
18threat could be reasonably interpreted as threatening to the
19safety and security of the threatened individual because of his
20or her duties or employment status or status as a student
21inside the school.
22    (e) To maintain order and security in the schools, school
23authorities may inspect and search places and areas such as
24lockers, desks, parking lots, and other school property and
25equipment owned or controlled by the school, as well as
26personal effects left in those places and areas by students,

 

 

HB5650- 21 -LRB099 18253 SLF 42623 b

1without notice to or the consent of the student, and without a
2search warrant. As a matter of public policy, the General
3Assembly finds that students have no reasonable expectation of
4privacy in these places and areas or in their personal effects
5left in these places and areas. School authorities may request
6the assistance of law enforcement officials for the purpose of
7conducting inspections and searches of lockers, desks, parking
8lots, and other school property and equipment owned or
9controlled by the school for illegal drugs, weapons, or other
10illegal or dangerous substances or materials, including
11searches conducted through the use of specially trained dogs.
12If a search conducted in accordance with this Section produces
13evidence that the student has violated or is violating either
14the law, local ordinance, or the school's policies or rules,
15such evidence may be seized by school authorities, and
16disciplinary action may be taken. School authorities may also
17turn over such evidence to law enforcement authorities.
18    (f) Suspension or expulsion may include suspension or
19expulsion from school and all school activities and a
20prohibition from being present on school grounds.
21    (g) A school district may adopt a policy providing that if
22a student is suspended or expelled for any reason from any
23public or private school in this or any other state, the
24student must complete the entire term of the suspension or
25expulsion in an alternative school program under Article 13A of
26this Code or an alternative learning opportunities program

 

 

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1under Article 13B of this Code before being admitted into the
2school district if there is no threat to the safety of students
3or staff in the alternative program.
4    (h) School officials shall not advise or encourage students
5to drop out voluntarily due to behavioral or academic
6difficulties.
7    (i) A student may not be issued a monetary fine or fee as a
8disciplinary consequence, though this shall not preclude
9requiring a student to provide restitution for lost, stolen, or
10damaged property.
11    (j) Subsections (a) through (i) of this Section shall apply
12to elementary and secondary schools, charter schools, special
13charter districts, and school districts organized under
14Article 34 of this Code.
15(Source: P.A. 99-456, eff. 9-15-16.)
 
16    (105 ILCS 5/10-27.1A)
17    Sec. 10-27.1A. Firearms in schools.
18    (a) All school officials, including teachers, guidance
19counselors, and support staff, shall immediately notify the
20office of the principal in the event that they observe any
21person in possession of a firearm on school grounds; provided
22that taking such immediate action to notify the office of the
23principal would not immediately endanger the health, safety, or
24welfare of students who are under the direct supervision of the
25school official or the school official. If the health, safety,

 

 

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1or welfare of students under the direct supervision of the
2school official or of the school official is immediately
3endangered, the school official shall notify the office of the
4principal as soon as the students under his or her supervision
5and he or she are no longer under immediate danger. A report is
6not required by this Section when the school official knows
7that the person in possession of the firearm is a law
8enforcement official engaged in the conduct of his or her
9official duties. Any school official acting in good faith who
10makes such a report under this Section shall have immunity from
11any civil or criminal liability that might otherwise be
12incurred as a result of making the report. The identity of the
13school official making such report shall not be disclosed
14except as expressly and specifically authorized by law.
15Knowingly and willfully failing to comply with this Section is
16a petty offense. A second or subsequent offense is a Class C
17misdemeanor.
18    (b) Upon receiving a report from any school official
19pursuant to this Section, or from any other person, the
20principal or his or her designee shall immediately notify a
21local law enforcement agency. If the person found to be in
22possession of a firearm on school grounds is a student, the
23principal or his or her designee shall also immediately notify
24that student's parent or guardian. Any principal or his or her
25designee acting in good faith who makes such reports under this
26Section shall have immunity from any civil or criminal

 

 

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1liability that might otherwise be incurred or imposed as a
2result of making the reports. Knowingly and willfully failing
3to comply with this Section is a petty offense. A second or
4subsequent offense is a Class C misdemeanor. If the person
5found to be in possession of the firearm on school grounds is a
6minor, the law enforcement agency shall detain that minor until
7such time as the agency makes a determination pursuant to
8clause (a) of subsection (1) of Section 5-401 of the Juvenile
9Court Act of 1987, as to whether the agency reasonably believes
10that the minor is delinquent. If the law enforcement agency
11determines that probable cause exists to believe that the minor
12committed a violation of item (4) of subsection (a) of Section
1324-1 of the Criminal Code of 2012 while on school grounds, the
14agency shall detain the minor for processing pursuant to
15Section 5-407 of the Juvenile Court Act of 1987.
16    (c) On or after January 1, 1997, upon receipt of any
17written, electronic, or verbal report from any school personnel
18regarding a verified incident involving a firearm in a school
19or on school owned or leased property, including any conveyance
20owned, leased, or used by the school for the transport of
21students or school personnel, the superintendent or his or her
22designee shall report all such firearm-related incidents
23occurring in a school or on school property to the local law
24enforcement authorities immediately and to the Department of
25State Police in a form, manner, and frequency as prescribed by
26the Department of State Police.

 

 

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1    The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. The State Board of Education shall compile this
5information by school district and make it available to the
6public.
7    (d) As used in this Section, the term "firearm" shall have
8the meaning ascribed to it in Section 2-7.5 of the Criminal
9Code of 2012 1.1 of the Firearm Owners Identification Card Act.
10    As used in this Section, the term "school" means any public
11or private elementary or secondary school.
12    As used in this Section, the term "school grounds" includes
13the real property comprising any school, any conveyance owned,
14leased, or contracted by a school to transport students to or
15from school or a school-related activity, or any public way
16within 1,000 feet of the real property comprising any school.
17(Source: P.A. 97-1150, eff. 1-25-13.)
 
18    (105 ILCS 5/34-8.05)
19    Sec. 34-8.05. Reporting firearms in schools. On or after
20January 1, 1997, upon receipt of any written, electronic, or
21verbal report from any school personnel regarding a verified
22incident involving a firearm in a school or on school owned or
23leased property, including any conveyance owned, leased, or
24used by the school for the transport of students or school
25personnel, the general superintendent or his or her designee

 

 

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1shall report all such firearm-related incidents occurring in a
2school or on school property to the local law enforcement
3authorities no later than 24 hours after the occurrence of the
4incident and to the Department of State Police in a form,
5manner, and frequency as prescribed by the Department of State
6Police.
7    The State Board of Education shall receive an annual
8statistical compilation and related data associated with
9incidents involving firearms in schools from the Department of
10State Police. As used in this Section, the term "firearm" shall
11have the meaning ascribed to it in Section 2-7.5 of the
12Criminal Code of 2012 1.1 of the Firearm Owners Identification
13Card Act.
14(Source: P.A. 89-498, eff. 6-27-96.)
 
15    Section 40. The Illinois Explosives Act is amended by
16changing Section 2005 as follows:
 
17    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
18    Sec. 2005. Qualifications for licensure.
19    (a) No person shall qualify to hold a license who:
20        (1) is under 21 years of age;
21        (2) has been convicted in any court of a crime
22    punishable by imprisonment for a term exceeding one year;
23        (3) is under indictment for a crime punishable by
24    imprisonment for a term exceeding one year;

 

 

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1        (4) is a fugitive from justice;
2        (5) is an unlawful user of or addicted to any
3    controlled substance as defined in Section 102 of the
4    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
5    seq.);
6        (6) has been adjudicated a person with a mental
7    disability as defined in Section 6-103.1 of the Mental
8    Health and Developmental Disabilities Code 1.1 of the
9    Firearm Owners Identification Card Act; or
10        (7) is not a legal citizen of the United States.
11    (b) A person who has been granted a "relief from
12disabilities" regarding criminal convictions and indictments,
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
14845) may receive a license provided all other qualifications
15under this Act are met.
16(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
17    Section 45. The Private Detective, Private Alarm, Private
18Security, and Locksmith Act of 2004 is amended by changing
19Sections 35-30 and 35-35 as follows:
 
20    (225 ILCS 447/35-30)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 35-30. Employee requirements. All employees of a
23licensed agency, other than those exempted, shall apply for a
24permanent employee registration card. The holder of an agency

 

 

HB5650- 28 -LRB099 18253 SLF 42623 b

1license issued under this Act, known in this Section as
2"employer", may employ in the conduct of his or her business
3employees under the following provisions:
4    (a) No person shall be issued a permanent employee
5registration card who:
6        (1) Is younger than 18 years of age.
7        (2) Is younger than 21 years of age if the services
8    will include being armed.
9        (3) Has been determined by the Department to be unfit
10    by reason of conviction of an offense in this or another
11    state, including registration as a sex offender, but not
12    including a traffic offense. Persons convicted of felonies
13    involving bodily harm, weapons, violence, or theft within
14    the previous 10 years shall be presumed to be unfit for
15    registration. The Department shall adopt rules for making
16    those determinations that shall afford the applicant due
17    process of law.
18        (4) Has had a license or permanent employee
19    registration card denied, suspended, or revoked under this
20    Act (i) within one year before the date the person's
21    application for permanent employee registration card is
22    received by the Department; and (ii) that refusal, denial,
23    suspension, or revocation was based on any provision of
24    this Act other than Section 40-50, item (6) or (8) of
25    subsection (a) of Section 15-10, subsection (b) of Section
26    15-10, item (6) or (8) of subsection (a) of Section 20-10,

 

 

HB5650- 29 -LRB099 18253 SLF 42623 b

1    subsection (b) of Section 20-10, item (6) or (8) of
2    subsection (a) of Section 25-10, subsection (b) of Section
3    25-10, item (7) of subsection (a) of Section 30-10,
4    subsection (b) of Section 30-10, or Section 10-40.
5        (5) Has been declared incompetent by any court of
6    competent jurisdiction by reason of mental disease or
7    defect and has not been restored.
8        (6) Has been dishonorably discharged from the armed
9    services of the United States.
10    (b) No person may be employed by a private detective
11agency, private security contractor agency, private alarm
12contractor agency, fingerprint vendor agency, or locksmith
13agency under this Section until he or she has executed and
14furnished to the employer, on forms furnished by the
15Department, a verified statement to be known as "Employee's
16Statement" setting forth:
17        (1) The person's full name, age, and residence address.
18        (2) The business or occupation engaged in for the 5
19    years immediately before the date of the execution of the
20    statement, the place where the business or occupation was
21    engaged in, and the names of employers, if any.
22        (3) That the person has not had a license or employee
23    registration denied, revoked, or suspended under this Act
24    (i) within one year before the date the person's
25    application for permanent employee registration card is
26    received by the Department; and (ii) that refusal, denial,

 

 

HB5650- 30 -LRB099 18253 SLF 42623 b

1    suspension, or revocation was based on any provision of
2    this Act other than Section 40-50, item (6) or (8) of
3    subsection (a) of Section 15-10, subsection (b) of Section
4    15-10, item (6) or (8) of subsection (a) of Section 20-10,
5    subsection (b) of Section 20-10, item (6) or (8) of
6    subsection (a) of Section 25-10, subsection (b) of Section
7    25-10, item (7) of subsection (a) of Section 30-10,
8    subsection (b) of Section 30-10, or Section 10-40.
9        (4) Any conviction of a felony or misdemeanor.
10        (5) Any declaration of incompetence by a court of
11    competent jurisdiction that has not been restored.
12        (6) Any dishonorable discharge from the armed services
13    of the United States.
14        (7) Any other information as may be required by any
15    rule of the Department to show the good character,
16    competency, and integrity of the person executing the
17    statement.
18    (c) Each applicant for a permanent employee registration
19card shall have his or her fingerprints submitted to the
20Department of State Police in an electronic format that
21complies with the form and manner for requesting and furnishing
22criminal history record information as prescribed by the
23Department of State Police. These fingerprints shall be checked
24against the Department of State Police and Federal Bureau of
25Investigation criminal history record databases now and
26hereafter filed. The Department of State Police shall charge

 

 

HB5650- 31 -LRB099 18253 SLF 42623 b

1applicants a fee for conducting the criminal history records
2check, which shall be deposited in the State Police Services
3Fund and shall not exceed the actual cost of the records check.
4The Department of State Police shall furnish, pursuant to
5positive identification, records of Illinois convictions to
6the Department. The Department may require applicants to pay a
7separate fingerprinting fee, either to the Department or
8directly to the vendor. The Department, in its discretion, may
9allow an applicant who does not have reasonable access to a
10designated vendor to provide his or her fingerprints in an
11alternative manner. The Department, in its discretion, may also
12use other procedures in performing or obtaining criminal
13background checks of applicants. Instead of submitting his or
14her fingerprints, an individual may submit proof that is
15satisfactory to the Department that an equivalent security
16clearance has been conducted. Also, an individual who has
17retired as a peace officer within 12 months of application may
18submit verification, on forms provided by the Department and
19signed by his or her employer, of his or her previous full-time
20employment as a peace officer.
21    (d) The Department shall issue a permanent employee
22registration card, in a form the Department prescribes, to all
23qualified applicants. The holder of a permanent employee
24registration card shall carry the card at all times while
25actually engaged in the performance of the duties of his or her
26employment. Expiration and requirements for renewal of

 

 

HB5650- 32 -LRB099 18253 SLF 42623 b

1permanent employee registration cards shall be established by
2rule of the Department. Possession of a permanent employee
3registration card does not in any way imply that the holder of
4the card is employed by an agency unless the permanent employee
5registration card is accompanied by the employee
6identification card required by subsection (f) of this Section.
7    (e) Each employer shall maintain a record of each employee
8that is accessible to the duly authorized representatives of
9the Department. The record shall contain the following
10information:
11        (1) A photograph taken within 10 days of the date that
12    the employee begins employment with the employer. The
13    photograph shall be replaced with a current photograph
14    every 3 calendar years.
15        (2) The Employee's Statement specified in subsection
16    (b) of this Section.
17        (3) All correspondence or documents relating to the
18    character and integrity of the employee received by the
19    employer from any official source or law enforcement
20    agency.
21        (4) In the case of former employees, the employee
22    identification card of that person issued under subsection
23    (f) of this Section. Each employee record shall duly note
24    if the employee is employed in an armed capacity. Armed
25    employee files shall contain a copy of an active firearm
26    owner's identification card and a copy of an active firearm

 

 

HB5650- 33 -LRB099 18253 SLF 42623 b

1    control card. Each employer shall maintain a record for
2    each armed employee of each instance in which the
3    employee's weapon was discharged during the course of his
4    or her professional duties or activities. The record shall
5    be maintained on forms provided by the Department, a copy
6    of which must be filed with the Department within 15 days
7    of an instance. The record shall include the date and time
8    of the occurrence, the circumstances involved in the
9    occurrence, and any other information as the Department may
10    require. Failure to provide this information to the
11    Department or failure to maintain the record as a part of
12    each armed employee's permanent file is grounds for
13    disciplinary action. The Department, upon receipt of a
14    report, shall have the authority to make any investigation
15    it considers appropriate into any occurrence in which an
16    employee's weapon was discharged and to take disciplinary
17    action as may be appropriate.
18        (5) A copy of the employee's permanent employee
19    registration card or a copy of the Department's "License
20    Lookup" Webpage showing that the employee has been issued a
21    valid permanent employee registration card by the
22    Department.
23    The Department may, by rule, prescribe further record
24requirements.
25    (f) Every employer shall furnish an employee
26identification card to each of his or her employees. This

 

 

HB5650- 34 -LRB099 18253 SLF 42623 b

1employee identification card shall contain a recent photograph
2of the employee, the employee's name, the name and agency
3license number of the employer, the employee's personal
4description, the signature of the employer, the signature of
5that employee, the date of issuance, and an employee
6identification card number.
7    (g) No employer may issue an employee identification card
8to any person who is not employed by the employer in accordance
9with this Section or falsely state or represent that a person
10is or has been in his or her employ. It is unlawful for an
11applicant for registered employment to file with the Department
12the fingerprints of a person other than himself or herself.
13    (h) Every employer shall obtain the identification card of
14every employee who terminates employment with him or her.
15    (i) Every employer shall maintain a separate roster of the
16names of all employees currently working in an armed capacity
17and submit the roster to the Department on request.
18    (j) No agency may employ any person to perform a licensed
19activity under this Act unless the person possesses a valid
20permanent employee registration card or a valid license under
21this Act, or is exempt pursuant to subsection (n).
22    (k) Notwithstanding the provisions of subsection (j), an
23agency may employ a person in a temporary capacity if all of
24the following conditions are met:
25        (1) The agency completes in its entirety and submits to
26    the Department an application for a permanent employee

 

 

HB5650- 35 -LRB099 18253 SLF 42623 b

1    registration card, including the required fingerprint
2    receipt and fees.
3        (2) The agency has verification from the Department
4    that the applicant has no record of any criminal conviction
5    pursuant to the criminal history check conducted by the
6    Department of State Police. The agency shall maintain the
7    verification of the results of the Department of State
8    Police criminal history check as part of the employee
9    record as required under subsection (e) of this Section.
10        (3) The agency exercises due diligence to ensure that
11    the person is qualified under the requirements of the Act
12    to be issued a permanent employee registration card.
13        (4) The agency maintains a separate roster of the names
14    of all employees whose applications are currently pending
15    with the Department and submits the roster to the
16    Department on a monthly basis. Rosters are to be maintained
17    by the agency for a period of at least 24 months.
18    An agency may employ only a permanent employee applicant
19for which it either submitted a permanent employee application
20and all required forms and fees or it confirms with the
21Department that a permanent employee application and all
22required forms and fees have been submitted by another agency,
23licensee or the permanent employee and all other requirements
24of this Section are met.
25    The Department shall have the authority to revoke, without
26a hearing, the temporary authority of an individual to work

 

 

HB5650- 36 -LRB099 18253 SLF 42623 b

1upon receipt of Federal Bureau of Investigation fingerprint
2data or a report of another official authority indicating a
3criminal conviction. If the Department has not received a
4temporary employee's Federal Bureau of Investigation
5fingerprint data within 120 days of the date the Department
6received the Department of State Police fingerprint data, the
7Department may, at its discretion, revoke the employee's
8temporary authority to work with 15 days written notice to the
9individual and the employing agency.
10    An agency may not employ a person in a temporary capacity
11if it knows or reasonably should have known that the person has
12been convicted of a crime under the laws of this State, has
13been convicted in another state of any crime that is a crime
14under the laws of this State, has been convicted of any crime
15in a federal court, or has been posted as an unapproved
16applicant by the Department. Notice by the Department to the
17agency, via certified mail, personal delivery, electronic
18mail, or posting on the Department's Internet site accessible
19to the agency that the person has been convicted of a crime
20shall be deemed constructive knowledge of the conviction on the
21part of the agency. The Department may adopt rules to implement
22this subsection (k).
23    (l) No person may be employed under this Section in any
24capacity if:
25        (1) the person, while so employed, is being paid by the
26    United States or any political subdivision for the time so

 

 

HB5650- 37 -LRB099 18253 SLF 42623 b

1    employed in addition to any payments he or she may receive
2    from the employer; or
3        (2) the person wears any portion of his or her official
4    uniform, emblem of authority, or equipment while so
5    employed.
6    (m) If information is discovered affecting the
7registration of a person whose fingerprints were submitted
8under this Section, the Department shall so notify the agency
9that submitted the fingerprints on behalf of that person.
10    (n) Peace officers shall be exempt from the requirements of
11this Section relating to permanent employee registration
12cards. The agency shall remain responsible for any peace
13officer employed under this exemption, regardless of whether
14the peace officer is compensated as an employee or as an
15independent contractor and as further defined by rule.
16    (o) Persons who have no access to confidential or security
17information, who do not go to a client's or prospective
18client's residence or place of business, and who otherwise do
19not provide traditional security services are exempt from
20employee registration. Examples of exempt employees include,
21but are not limited to, employees working in the capacity of
22ushers, directors, ticket takers, cashiers, drivers, and
23reception personnel. Confidential or security information is
24that which pertains to employee files, scheduling, client
25contracts, or technical security and alarm data.
26    (p) An applicant who is 21 years of age or older seeking a

 

 

HB5650- 38 -LRB099 18253 SLF 42623 b

1religious exemption to the photograph requirement of this
2Section shall furnish with the application an approved copy of
3United States Department of the Treasury Internal Revenue
4Service Form 4029. Regardless of age, an applicant seeking a
5religious exemption to this photograph requirement shall
6submit fingerprints in a form and manner prescribed by the
7Department with his or her application in lieu of a photograph.
8(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
9    (225 ILCS 447/35-35)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 35-35. Requirement of a firearm control card.
12    (a) No person shall perform duties that include the use,
13carrying, or possession of a firearm in the performance of
14those duties without complying with the provisions of this
15Section and having been issued a valid firearm control card by
16the Department.
17    (b) No employer shall employ any person to perform the
18duties for which licensure or employee registration is required
19and allow that person to carry a firearm unless that person has
20complied with all the firearm training requirements of this
21Section and has been issued a firearm control card. This Act
22permits only the following to carry firearms while actually
23engaged in the performance of their duties or while commuting
24directly to or from their places of employment: persons
25licensed as private detectives and their registered employees;

 

 

HB5650- 39 -LRB099 18253 SLF 42623 b

1persons licensed as private security contractors and their
2registered employees; persons licensed as private alarm
3contractors and their registered employees; and employees of a
4registered armed proprietary security force.
5    (c) Possession of a valid firearm control card allows a
6licensee or employee to carry a firearm not otherwise
7prohibited by law while the licensee or employee is engaged in
8the performance of his or her duties or while the licensee or
9employee is commuting directly to or from the licensee's or
10employee's place or places of employment.
11    (d) The Department shall issue a firearm control card to a
12person who has passed an approved firearm training course, who
13is currently licensed or employed by an agency licensed by this
14Act and has met all the requirements of this Act, and who is
15not prohibited under State or federal law from possessing a
16firearm possesses a valid firearm owner identification card.
17Application for the firearm control card shall be made by the
18employer to the Department on forms provided by the Department.
19The Department shall forward the card to the employer who shall
20be responsible for its issuance to the licensee or employee.
21The firearm control card shall be issued by the Department and
22shall identify the person holding it and the name of the course
23where the licensee or employee received firearm instruction and
24shall specify the type of weapon or weapons the person is
25authorized by the Department to carry and for which the person
26has been trained.

 

 

HB5650- 40 -LRB099 18253 SLF 42623 b

1    (e) Expiration and requirements for renewal of firearm
2control cards shall be determined by rule.
3    (f) The Department may, in addition to any other
4disciplinary action permitted by this Act, refuse to issue,
5suspend, or revoke a firearm control card if the applicant or
6holder has been convicted of any felony or crime involving the
7illegal use, carrying, or possession of a deadly weapon or for
8a violation of this Act or rules adopted promulgated under this
9Act. The Department shall refuse to issue or shall revoke a
10firearm control card if the applicant or holder is prohibited
11under State or federal law from possessing a firearm fails to
12possess a valid firearm owners identification card without
13hearing. The Secretary shall summarily suspend a firearm
14control card if the Secretary finds that its continued use
15would constitute an imminent danger to the public. A hearing
16shall be held before the Board within 30 days if the Secretary
17summarily suspends a firearm control card.
18    (g) Notwithstanding any other provision of this Act to the
19contrary, all requirements relating to firearms control cards
20do not apply to a peace officer.
21    (h) The Department may issue a temporary firearm control
22card pending issuance of a new firearm control card upon an
23agency's acquiring of an established armed account. An agency
24that has acquired armed employees as a result of acquiring an
25established armed account may, on forms supplied by the
26Department, request the issuance of a temporary firearm control

 

 

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1card for each acquired employee who held a valid firearm
2control card under his or her employment with the newly
3acquired established armed account immediately preceding the
4acquiring of the account and who continues to meet all of the
5qualifications for issuance of a firearm control card set forth
6in this Act and any rules adopted under this Act. The
7Department shall, by rule, set the fee for issuance of a
8temporary firearm control card.
9    (i) The Department shall not issue a firearm control card
10to a licensed fingerprint vendor or a licensed locksmith or
11employees of a licensed fingerprint vendor agency or a licensed
12locksmith agency.
13(Source: P.A. 98-253, eff. 8-9-13.)
 
14    Section 50. The Mental Health and Developmental
15Disabilities Code is amended by changing Sections 6-103.1,
166-103.2, and 6-103.3 as follows:
 
17    (405 ILCS 5/6-103.1)
18    Sec. 6-103.1. Adjudication as a person with a mental
19disability. When a person has been adjudicated as a person with
20a mental disability as defined in Section 1.1 of the Firearm
21Owners Identification Card Act, including, but not limited to,
22an adjudication as a person with a disability as defined in
23Section 11a-2 of the Probate Act of 1975, the court shall
24direct the circuit court clerk to notify the Department of

 

 

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1State Police, Firearm Owner's Identification (FOID) Office, in
2a form and manner prescribed by the Department of State Police,
3and shall forward a copy of the court order to the Department
4no later than 7 days after the entry of the order. Upon receipt
5of the order, the Department of State Police shall provide
6notification to the National Instant Criminal Background Check
7System. For purposes of this Section, "has been adjudicated as
8a mentally disabled person" means the person is the subject of
9a determination by a court, board, commission, or other lawful
10authority that the person, as a result of marked subnormal
11intelligence, or mental illness, mental impairment,
12incompetency, condition, or disease:
13        (1) presents a clear and present danger to himself,
14    herself, or to others;
15        (2) lacks the mental capacity to manage his or her own
16    affairs or is adjudicated a disabled person as defined in
17    Section 11a-2 of the Probate Act of 1975;
18        (3) is not guilty in a criminal case by reason of
19    insanity, mental disease or defect;
20        (3.5) is guilty but mentally ill, as provided in
21    Section 5-2-6 of the Unified Code of Corrections;
22        (4) is incompetent to stand trial in a criminal case;
23        (5) is not guilty by reason of lack of mental
24    responsibility under Articles 50a and 72b of the Uniform
25    Code of Military Justice, 10 U.S.C. 850a, 876b;
26        (6) is a sexually violent person under subsection (f)

 

 

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1    of Section 5 of the Sexually Violent Persons Commitment
2    Act;
3        (7) is a sexually dangerous person under the Sexually
4    Dangerous Persons Act;
5        (8) is unfit to stand trial under the Juvenile Court
6    Act of 1987;
7        (9) is not guilty by reason of insanity under the
8    Juvenile Court Act of 1987;
9        (10) is subject to involuntary admission as an
10    inpatient as defined in Section 1-119 of the Mental Health
11    and Developmental Disabilities Code;
12        (11) is subject to involuntary admission as an
13    outpatient as defined in Section 1-119.1 of the Mental
14    Health and Developmental Disabilities Code;
15        (12) is subject to judicial admission as set forth in
16    Section 4-500 of the Mental Health and Developmental
17    Disabilities Code; or
18        (13) is subject to the provisions of the Interstate
19    Agreements on Sexually Dangerous Persons Act.
20(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
21    (405 ILCS 5/6-103.2)
22    Sec. 6-103.2. Developmental disability; notice. If a
23person 14 years old or older is determined to be a person with
24a developmental disability by a physician, clinical
25psychologist, or qualified examiner, the physician, clinical

 

 

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1psychologist, or qualified examiner shall notify the
2Department of Human Services within 7 days of making the
3determination that the person has a developmental disability.
4The Department of Human Services shall immediately update its
5records and information relating to mental health and
6developmental disabilities, and if appropriate, shall notify
7the Department of State Police in a form and manner prescribed
8by the Department of State Police. Information disclosed under
9this Section shall remain privileged and confidential, and
10shall not be redisclosed, except as required under clause
11(e)(2) of Section 24-4.5 of the Criminal Code of 2012
12subsection (e) of Section 3.1 of the Firearm Owners
13Identification Card Act, nor used for any other purpose. The
14method of providing this information shall guarantee that the
15information is not released beyond that which is necessary for
16the purpose of this Section and shall be provided by rule by
17the Department of Human Services. The identity of the person
18reporting under this Section shall not be disclosed to the
19subject of the report.
20    The physician, clinical psychologist, or qualified
21examiner making the determination and his or her employer may
22not be held criminally, civilly, or professionally liable for
23making or not making the notification required under this
24Section, except for willful or wanton misconduct.
25    In this Section, "developmentally disabled" has the
26meaning ascribed to it in Section 12 of the Mental Health and

 

 

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1Developmental Disabilities Confidentiality Act.
2    For purposes of this Section, "developmental disability"
3"developmentally disabled" means a disability which is
4attributable to any other condition which results in impairment
5similar to that caused by an intellectual disability and which
6requires services similar to those required by intellectually
7disabled persons. The disability must originate before the age
8of 18 years, be expected to continue indefinitely, and
9constitute a substantial disability. This disability results,
10in the professional opinion of a physician, clinical
11psychologist, or qualified examiner, in significant functional
12limitations in 3 or more of the following areas of major life
13activity:
14        (i) self-care;
15        (ii) receptive and expressive language;
16        (iii) learning;
17        (iv) mobility; or
18        (v) self-direction.
19    "Determined to be a person with a developmental disability
20developmentally disabled by a physician, clinical
21psychologist, or qualified examiner" means in the professional
22opinion of the physician, clinical psychologist, or qualified
23examiner, a person is diagnosed, assessed, or evaluated as
24having a developmental disability to be developmentally
25disabled.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

 

 

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1eff. 7-27-15; revised 11-13-15.)
 
2    (405 ILCS 5/6-103.3)
3    Sec. 6-103.3. Clear and present danger; notice. If a person
4is determined to pose a clear and present danger to himself,
5herself, or to others by a physician, clinical psychologist, or
6qualified examiner, whether employed by the State, by any
7public or private mental health facility or part thereof, or by
8a law enforcement official or a school administrator, then the
9physician, clinical psychologist, qualified examiner shall
10notify the Department of Human Services and a law enforcement
11official or school administrator shall notify the Department of
12State Police, within 24 hours of making the determination that
13the person poses a clear and present danger. The Department of
14Human Services shall immediately update its records and
15information relating to mental health and developmental
16disabilities, and if appropriate, shall notify the Department
17of State Police in a form and manner prescribed by the
18Department of State Police. Information disclosed under this
19Section shall remain privileged and confidential, and shall not
20be redisclosed, except as required under clause (e)(2) of
21Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
22Section 3.1 of the Firearm Owners Identification Card Act, nor
23used for any other purpose. The method of providing this
24information shall guarantee that the information is not
25released beyond that which is necessary for the purpose of this

 

 

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1Section and shall be provided by rule by the Department of
2Human Services. The identity of the person reporting under this
3Section shall not be disclosed to the subject of the report.
4The physician, clinical psychologist, qualified examiner, law
5enforcement official, or school administrator making the
6determination and his or her employer shall not be held
7criminally, civilly, or professionally liable for making or not
8making the notification required under this Section, except for
9willful or wanton misconduct. This Section does not apply to a
10law enforcement official, if making the notification under this
11Section will interfere with an ongoing or pending criminal
12investigation.
13    For the purposes of this Section:
14        "Clear and present danger" means a person who:
15            (1) communicates a serious threat of physical
16        violence against a reasonably identifiable victim or
17        poses a clear and imminent risk of serious physical
18        injury to himself, herself, or another person as
19        determined by a physician, clinical psychologist, or
20        qualified examiner; or
21            (2) demonstrates threatening physical or verbal
22        behavior, such as violent, suicidal, or assaultive
23        threats, actions, or other behavior, as determined by a
24        physician, clinical psychologist, qualified examiner,
25        school administrator, or law enforcement official.
26        "Physician", "clinical psychologist", and "qualified

 

 

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1    examiner" have the meanings ascribed to them in the Mental
2    Health and Developmental Disabilities Code has the meaning
3    ascribed to it in Section 1.1 of the Firearm Owners
4    Identification Card Act.
5        "Determined to pose a clear and present danger to
6    himself, herself, or to others by a physician, clinical
7    psychologist, or qualified examiner" means in the
8    professional opinion of the physician, clinical
9    psychologist, or qualified examiner, a person poses a clear
10    and present danger.
11        "School administrator" means the person required to
12    report under the School Administrator Reporting of Mental
13    Health Clear and Present Danger Determinations Law.
14(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
15    Section 55. The Lead Poisoning Prevention Act is amended by
16changing Section 2 as follows:
 
17    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
18    Sec. 2. Definitions. As used in this Act:
19    "Child care facility" means any structure used by a child
20care provider licensed by the Department of Children and Family
21Services or public or private school structure frequented by
22children 6 years of age or younger.
23    "Childhood Lead Risk Questionnaire" means the
24questionnaire developed by the Department for use by physicians

 

 

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1and other health care providers to determine risk factors for
2children 6 years of age or younger residing in areas designated
3as low risk for lead exposure.
4    "Delegate agency" means a unit of local government or
5health department approved by the Department to carry out the
6provisions of this Act.
7    "Department" means the Department of Public Health.
8    "Director" means the Director of Public Health.
9    "Dwelling unit" means an individual unit within a
10residential building used as living quarters for one household.
11    "Elevated blood lead level" means a blood lead level in
12excess of those considered within the permissible limits as
13established under State and federal rules.
14    "Exposed surface" means any interior or exterior surface of
15a regulated facility.
16    "High risk area" means an area in the State determined by
17the Department to be high risk for lead exposure for children 6
18years of age or younger. The Department may consider, but is
19not limited to, the following factors to determine a high risk
20area: age and condition (using Department of Housing and Urban
21Development definitions of "slum" and "blighted") of housing,
22proximity to highway traffic or heavy local traffic or both,
23percentage of housing determined as rental or vacant, proximity
24to industry using lead, established incidence of elevated blood
25lead levels in children, percentage of population living below
26200% of federal poverty guidelines, and number of children

 

 

HB5650- 50 -LRB099 18253 SLF 42623 b

1residing in the area who are 6 years of age or younger.
2    "Lead abatement" means any approved work practices that
3will permanently eliminate lead exposure or remove the
4lead-bearing substances in a regulated facility. The
5Department shall establish by rule which work practices are
6approved or prohibited for lead abatement.
7    "Lead abatement contractor" means any person or entity
8licensed by the Department to perform lead abatement and
9mitigation.
10    "Lead abatement supervisor" means any person employed by a
11lead abatement contractor and licensed by the Department to
12perform lead abatement and lead mitigation and to supervise
13lead workers who perform lead abatement and lead mitigation.
14    "Lead abatement worker" means any person employed by a lead
15abatement contractor and licensed by the Department to perform
16lead abatement and mitigation.
17    "Lead activities" means the conduct of any lead services,
18including, lead inspection, lead risk assessment, lead
19mitigation, or lead abatement work or supervision in a
20regulated facility.
21    "Lead-bearing substance" means any item containing or
22coated with lead such that the lead content is more than
23six-hundredths of one percent (0.06%) lead by total weight; or
24any dust on surfaces or in furniture or other nonpermanent
25elements of the regulated facility; or any paint or other
26surface coating material containing more than five-tenths of

 

 

HB5650- 51 -LRB099 18253 SLF 42623 b

1one percent (0.5%) lead by total weight (calculated as lead
2metal) in the total non-volatile content of liquid paint; or
3lead-bearing substances containing greater than one milligram
4per square centimeter or any lower standard for lead content in
5residential paint as may be established by federal law or rule
6; or more than 1 milligram per square centimeter in the dried
7film of paint or previously applied substance; or item or dust
8on item containing lead in excess of the amount specified in
9the rules authorized by this Act or a lower standard for lead
10content as may be established by federal law or rule.
11"Lead-bearing substance" does not include firearm ammunition
12or components as defined by Section 2-7.1 of the Criminal Code
13of 2012 the Firearm Owners Identification Card Act.
14    "Lead hazard" means a lead-bearing substance that poses an
15immediate health hazard to humans.
16    "Lead hazard screen" means a lead risk assessment that
17involves limited dust and paint sampling for lead-bearing
18substances and lead hazards. This service is used as a
19screening tool designed to determine if further lead
20investigative services are required for the regulated
21facility.
22    "Lead inspection" means a surface-by-surface investigation
23to determine the presence of lead-based paint.
24    "Lead inspector" means an individual who has been trained
25by a Department-approved training program and is licensed by
26the Department to conduct lead inspections; to sample for the

 

 

HB5650- 52 -LRB099 18253 SLF 42623 b

1presence of lead in paint, dust, soil, and water; and to
2conduct compliance investigations.
3    "Lead mitigation" means the remediation, in a manner
4described in Section 9, of a lead hazard so that the
5lead-bearing substance does not pose an immediate health hazard
6to humans.
7    "Lead poisoning" means the condition of having blood lead
8levels in excess of those considered safe under State and
9federal rules.
10    "Lead risk assessment" means an on-site investigation to
11determine the existence, nature, severity, and location of lead
12hazards. "Lead risk assessment" includes any lead sampling and
13visual assessment associated with conducting a lead risk
14assessment and lead hazard screen and all lead sampling
15associated with compliance investigations.
16    "Lead risk assessor" means an individual who has been
17trained by a Department-approved training program and is
18licensed by the Department to conduct lead risk assessments,
19lead inspections, and lead hazard screens; to sample for the
20presence of lead in paint, dust, soil, water, and sources for
21lead-bearing substances; and to conduct compliance
22investigations.
23    "Lead training program provider" means any person
24providing Department-approved lead training in Illinois to
25individuals seeking licensure in accordance with the Act.
26    "Low risk area" means an area in the State determined by

 

 

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1the Department to be low risk for lead exposure for children 6
2years of age or younger. The Department may consider the
3factors named in "high risk area" to determine low risk areas.
4    "Owner" means any person, who alone, jointly, or severally
5with others:
6        (a) Has legal title to any regulated facility, with or
7    without actual possession of the regulated facility, or
8        (b) Has charge, care, or control of the regulated
9    facility as owner or agent of the owner, or as executor,
10    administrator, trustee, or guardian of the estate of the
11    owner.
12    "Person" means any individual, partnership, firm, company,
13limited liability company, corporation, association, joint
14stock company, trust, estate, political subdivision, State
15agency, or any other legal entity, or their legal
16representative, agent, or assign.
17    "Regulated facility" means a residential building or child
18care facility.
19    "Residential building" means any room, group of rooms, or
20other interior areas of a structure designed or used for human
21habitation; common areas accessible by inhabitants; and the
22surrounding property or structures.
23(Source: P.A. 98-690, eff. 1-1-15.)
 
24    (430 ILCS 65/Act rep.)
25    Section 60. The Firearm Owners Identification Card Act is

 

 

HB5650- 54 -LRB099 18253 SLF 42623 b

1repealed.
 
2    Section 65. The Firearm Concealed Carry Act is amended by
3changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
4    (430 ILCS 66/25)
5    Sec. 25. Qualifications for a license.
6    The Department shall issue a license to an applicant
7completing an application in accordance with Section 30 of this
8Act if the person:
9        (1) is at least 21 years of age;
10        (2) has a currently valid Firearm Owner's
11    Identification Card and at the time of application meets
12    the requirements for the issuance of a Firearm Owner's
13    Identification Card and is not prohibited under State or
14    the Firearm Owners Identification Card Act or federal law
15    from possessing or receiving a firearm;
16        (3) has not been convicted or found guilty in this
17    State or in any other state of:
18            (A) a misdemeanor involving the use or threat of
19        physical force or violence to any person within the 5
20        years preceding the date of the license application; or
21            (B) 2 or more violations related to driving while
22        under the influence of alcohol, other drug or drugs,
23        intoxicating compound or compounds, or any combination
24        thereof, within the 5 years preceding the date of the

 

 

HB5650- 55 -LRB099 18253 SLF 42623 b

1        license application;
2        (4) is not the subject of a pending arrest warrant,
3    prosecution, or proceeding for an offense or action that
4    could lead to disqualification to own or possess a firearm;
5        (5) has not been in residential or court-ordered
6    treatment for alcoholism, alcohol detoxification, or drug
7    treatment within the 5 years immediately preceding the date
8    of the license application; and
9        (6) has completed firearms training and any education
10    component required under Section 75 of this Act.
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
12    (430 ILCS 66/30)
13    Sec. 30. Contents of license application.
14    (a) The license application shall be in writing, under
15penalty of perjury, on a standard form adopted by the
16Department and shall be accompanied by the documentation
17required in this Section and the applicable fee. Each
18application form shall include the following statement printed
19in bold type: "Warning: Entering false information on this form
20is punishable as perjury under Section 32-2 of the Criminal
21Code of 2012."
22    (b) The application shall contain the following:
23        (1) the applicant's name, current address, date and
24    year of birth, place of birth, height, weight, hair color,
25    eye color, maiden name or any other name the applicant has

 

 

HB5650- 56 -LRB099 18253 SLF 42623 b

1    used or identified with, and any address where the
2    applicant resided for more than 30 days within the 10 years
3    preceding the date of the license application;
4        (2) the applicant's valid driver's license number or
5    valid state identification card number;
6        (3) a waiver of the applicant's privacy and
7    confidentiality rights and privileges under all federal
8    and state laws, including those limiting access to juvenile
9    court, criminal justice, psychological, or psychiatric
10    records or records relating to any institutionalization of
11    the applicant, and an affirmative request that a person
12    having custody of any of these records provide it or
13    information concerning it to the Department. The waiver
14    only applies to records sought in connection with
15    determining whether the applicant qualifies for a license
16    to carry a concealed firearm under this Act, or whether the
17    applicant remains in compliance with the Firearm Owners
18    Identification Card Act;
19        (4) an affirmation that the applicant is not prohibited
20    under State or federal law from possessing or receiving a
21    firearm possesses a currently valid Firearm Owner's
22    Identification Card and card number if possessed or notice
23    the applicant is applying for a Firearm Owner's
24    Identification Card in conjunction with the license
25    application;
26        (5) an affirmation that the applicant has not been

 

 

HB5650- 57 -LRB099 18253 SLF 42623 b

1    convicted or found guilty of:
2            (A) a felony;
3            (B) a misdemeanor involving the use or threat of
4        physical force or violence to any person within the 5
5        years preceding the date of the application; or
6            (C) 2 or more violations related to driving while
7        under the influence of alcohol, other drug or drugs,
8        intoxicating compound or compounds, or any combination
9        thereof, within the 5 years preceding the date of the
10        license application; and
11        (6) whether the applicant has failed a drug test for a
12    drug for which the applicant did not have a prescription,
13    within the previous year, and if so, the provider of the
14    test, the specific substance involved, and the date of the
15    test;
16        (7) written consent for the Department to review and
17    use the applicant's Illinois digital driver's license or
18    Illinois identification card photograph and signature;
19        (8) a full set of fingerprints submitted to the
20    Department in electronic format, provided the Department
21    may accept an application submitted without a set of
22    fingerprints in which case the Department shall be granted
23    30 days in addition to the 90 days provided under
24    subsection (e) of Section 10 of this Act to issue or deny a
25    license;
26        (9) a head and shoulder color photograph in a size

 

 

HB5650- 58 -LRB099 18253 SLF 42623 b

1    specified by the Department taken within the 30 days
2    preceding the date of the license application; and
3        (10) a photocopy of any certificates or other evidence
4    of compliance with the training requirements under this
5    Act.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
7    (430 ILCS 66/40)
8    Sec. 40. Non-resident license applications.
9    (a) For the purposes of this Section, "non-resident" means
10a person who has not resided within this State for more than 30
11days and resides in another state or territory.
12    (b) The Department shall by rule allow for non-resident
13license applications from any state or territory of the United
14States with laws related to firearm ownership, possession, and
15carrying, that are substantially similar to the requirements to
16obtain a license under this Act.
17    (c) A resident of a state or territory approved by the
18Department under subsection (b) of this Section may apply for a
19non-resident license. The applicant shall apply to the
20Department and must meet all of the qualifications established
21in Section 25 of this Act, except for the Illinois residency
22requirement in item (xiv) of paragraph (2) of subsection (a) of
23Section 4 of the Firearm Owners Identification Card Act. The
24applicant shall submit:
25        (1) the application and documentation required under

 

 

HB5650- 59 -LRB099 18253 SLF 42623 b

1    Section 30 of this Act and the applicable fee;
2        (2) a notarized document stating that the applicant:
3            (A) is eligible under federal law and the laws of
4        his or her state or territory of residence to own or
5        possess a firearm;
6            (B) if applicable, has a license or permit to carry
7        a firearm or concealed firearm issued by his or her
8        state or territory of residence and attach a copy of
9        the license or permit to the application;
10            (C) understands Illinois laws pertaining to the
11        possession and transport of firearms; and
12            (D) acknowledges that the applicant is subject to
13        the jurisdiction of the Department and Illinois courts
14        for any violation of this Act;
15        (3) a photocopy of any certificates or other evidence
16    of compliance with the training requirements under Section
17    75 of this Act; and
18        (4) a head and shoulder color photograph in a size
19    specified by the Department taken within the 30 days
20    preceding the date of the application.
21    (d) In lieu of an Illinois driver's license or Illinois
22identification card, a non-resident applicant shall provide
23similar documentation from his or her state or territory of
24residence. The applicant shall submit In lieu of a valid
25Firearm Owner's Identification Card, the applicant shall
26submit documentation and information required by the

 

 

HB5650- 60 -LRB099 18253 SLF 42623 b

1Department to obtain a Firearm Owner's Identification Card,
2including an affidavit that the non-resident meets the mental
3health standards to obtain a firearm under Illinois law, and
4the Department shall ensure that the applicant would meet the
5eligibility criteria under State law to possess a firearm to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8    (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle and the non-resident:
12        (1) is not prohibited from owning or possessing a
13    firearm under federal law;
14        (2) is eligible to carry a firearm in public under the
15    laws of his or her state or territory of residence, as
16    evidenced by the possession of a concealed carry license or
17    permit issued by his or her state of residence, if
18    applicable; and
19        (3) is not in possession of a license under this Act.
20    If the non-resident leaves his or her vehicle unattended,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
25eff. 7-20-15.)
 

 

 

HB5650- 61 -LRB099 18253 SLF 42623 b

1    (430 ILCS 66/70)
2    Sec. 70. Violations.
3    (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee is prohibited from
6possessing a firearm under State or federal law no longer meets
7the eligibility requirements of the Firearm Owners
8Identification Card Act.
9    (b) A license shall be suspended if an order of protection,
10including an emergency order of protection, plenary order of
11protection, or interim order of protection under Article 112A
12of the Code of Criminal Procedure of 1963 or under the Illinois
13Domestic Violence Act of 1986, is issued against a licensee for
14the duration of the order, or if the Department is made aware
15of a similar order issued against the licensee in any other
16jurisdiction. If an order of protection is issued against a
17licensee, the licensee shall surrender the license, as
18applicable, to the court at the time the order is entered or to
19the law enforcement agency or entity serving process at the
20time the licensee is served the order. The court, law
21enforcement agency, or entity responsible for serving the order
22of protection shall notify the Department within 7 days and
23transmit the license to the Department.
24    (c) A license is invalid upon expiration of the license,
25unless the licensee has submitted an application to renew the
26license, and the applicant is otherwise eligible to possess a

 

 

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1license under this Act.
2    (d) A licensee shall not carry a concealed firearm while
3under the influence of alcohol, other drug or drugs,
4intoxicating compound or combination of compounds, or any
5combination thereof, under the standards set forth in
6subsection (a) of Section 11-501 of the Illinois Vehicle Code.
7    A licensee in violation of this subsection (d) shall be
8guilty of a Class A misdemeanor for a first or second violation
9and a Class 4 felony for a third violation. The Department may
10suspend a license for up to 6 months for a second violation and
11shall permanently revoke a license for a third violation.
12    (e) Except as otherwise provided, a licensee in violation
13of this Act shall be guilty of a Class B misdemeanor. A second
14or subsequent violation is a Class A misdemeanor. The
15Department may suspend a license for up to 6 months for a
16second violation and shall permanently revoke a license for 3
17or more violations of Section 65 of this Act. Any person
18convicted of a violation under this Section shall pay a $150
19fee to be deposited into the Mental Health Reporting Fund, plus
20any applicable court costs or fees.
21    (f) A licensee convicted or found guilty of a violation of
22this Act who has a valid license and is otherwise eligible to
23carry a concealed firearm shall only be subject to the
24penalties under this Section and shall not be subject to the
25penalties under Section 21-6, paragraph (4), (8), or (10) of
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

 

 

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1of paragraph (3) of subsection (a) of Section 24-1.6 of the
2Criminal Code of 2012. Except as otherwise provided in this
3subsection, nothing in this subsection prohibits the licensee
4from being subjected to penalties for violations other than
5those specified in this Act.
6    (g) A licensee whose license is revoked, suspended, or
7denied shall, within 48 hours of receiving notice of the
8revocation, suspension, or denial, surrender his or her
9concealed carry license to the local law enforcement agency
10where the person resides. The local law enforcement agency
11shall provide the licensee a receipt and transmit the concealed
12carry license to the Department of State Police. If the
13licensee whose concealed carry license has been revoked,
14suspended, or denied fails to comply with the requirements of
15this subsection, the law enforcement agency where the person
16resides may petition the circuit court to issue a warrant to
17search for and seize the concealed carry license in the
18possession and under the custody or control of the licensee
19whose concealed carry license has been revoked, suspended, or
20denied. The observation of a concealed carry license in the
21possession of a person whose license has been revoked,
22suspended, or denied constitutes a sufficient basis for the
23arrest of that person for violation of this subsection. A
24violation of this subsection is a Class A misdemeanor.
25    (h) (Blank). A license issued or renewed under this Act
26shall be revoked if, at any time, the licensee is found

 

 

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1ineligible for a Firearm Owner's Identification Card, or the
2licensee no longer possesses a valid Firearm Owner's
3Identification Card. A licensee whose license is revoked under
4this subsection (h) shall surrender his or her concealed carry
5license as provided for in subsection (g) of this Section.
6    This subsection shall not apply to a person who has filed
7an application with the State Police for renewal of a Firearm
8Owner's Identification Card and who is not otherwise ineligible
9to obtain a Firearm Owner's Identification Card.
10    (i) A certified firearms instructor who knowingly provides
11or offers to provide a false certification that an applicant
12has completed firearms training as required under this Act is
13guilty of a Class A misdemeanor. A person guilty of a violation
14of this subsection (i) is not eligible for court supervision.
15The Department shall permanently revoke the firearms
16instructor certification of a person convicted under this
17subsection (i).
18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
19eff. 8-15-14.)
 
20    (430 ILCS 66/80)
21    Sec. 80. Certified firearms instructors.
22    (a) Within 60 days of the effective date of this Act, the
23Department shall begin approval of certified firearms
24instructors and enter certified firearms instructors into an
25online registry on the Department's website.

 

 

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1    (b) A person who is not a certified firearms instructor
2shall not teach applicant training courses or advertise or
3otherwise represent courses they teach as qualifying their
4students to meet the requirements to receive a license under
5this Act. Each violation of this subsection is a business
6offense with a fine of at least $1,000 per violation.
7    (c) A person seeking to become a certified firearms
8instructor shall:
9        (1) be at least 21 years of age;
10        (2) be a legal resident of the United States; and
11        (3) meet the requirements of Section 25 of this Act,
12    except for the Illinois residency requirement in item (xiv)
13    of paragraph (2) of subsection (a) of Section 4 of the
14    Firearm Owners Identification Card Act; and any additional
15    uniformly applied requirements established by the
16    Department.
17    (d) A person seeking to become a certified firearms
18instructor, in addition to the requirements of subsection (c)
19of this Section, shall:
20        (1) possess a high school diploma or high school
21    equivalency certificate; and
22        (2) have at least one of the following valid firearms
23    instructor certifications:
24            (A) certification from a law enforcement agency;
25            (B) certification from a firearm instructor course
26        offered by a State or federal governmental agency;

 

 

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1            (C) certification from a firearm instructor
2        qualification course offered by the Illinois Law
3        Enforcement Training Standards Board; or
4            (D) certification from an entity approved by the
5        Department that offers firearm instructor education
6        and training in the use and safety of firearms.
7    (e) A person may have his or her firearms instructor
8certification denied or revoked if he or she does not meet the
9requirements to obtain a license under this Act, provides false
10or misleading information to the Department, or has had a prior
11instructor certification revoked or denied by the Department.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
13eff. 1-1-15.)
 
14    (430 ILCS 66/105)
15    Sec. 105. Duty of school administrator. It is the duty of
16the principal of a public elementary or secondary school, or
17his or her designee, and the chief administrative officer of a
18private elementary or secondary school or a public or private
19community college, college, or university, or his or her
20designee, to report to the Department of State Police when a
21student is determined to pose a clear and present danger to
22himself, herself, or to others, within 24 hours of the
23determination as provided in Section 6-103.3 of the Mental
24Health and Developmental Disabilities Code. "Clear and present
25danger" has the meaning as provided in paragraph (2) of the

 

 

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1definition of "clear and present danger" in Section 6-103.3 of
2the Mental Health and Developmental Disabilities Code 1.1 of
3the Firearm Owners Identification Card Act.
4(Source: P.A. 98-63, eff. 7-9-13.)
 
5    Section 70. The Wildlife Code is amended by changing
6Sections 3.2 and 3.2a as follows:
 
7    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
8    Sec. 3.2. Hunting license; application; instruction.
9Before the Department or any county, city, village, township,
10incorporated town clerk or his duly designated agent or any
11other person authorized or designated by the Department to
12issue hunting licenses shall issue a hunting license to any
13person, the person shall file his application with the
14Department or other party authorized to issue licenses on a
15form provided by the Department and further give definite proof
16of identity and place of legal residence. Each clerk
17designating agents to issue licenses and stamps shall furnish
18the Department, within 10 days following the appointment, the
19names and mailing addresses of the agents. Each clerk or his
20duly designated agent shall be authorized to sell licenses and
21stamps only within the territorial area for which he was
22elected or appointed. No duly designated agent is authorized to
23furnish licenses or stamps for issuance by any other business
24establishment. Each application shall be executed and sworn to

 

 

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1and shall set forth the name and description of the applicant
2and place of residence.
3    No hunting license shall be issued to any person born on or
4after January 1, 1980 unless he presents the person authorized
5to issue the license evidence that he has held a hunting
6license issued by the State of Illinois or another state in a
7prior year, or a certificate of competency as provided in this
8Section. Persons under 16 years of age may be issued a Lifetime
9Hunting or Sportsmen's Combination License as provided under
10Section 20-45 of the Fish and Aquatic Life Code but shall not
11be entitled to hunt unless they have a certificate of
12competency as provided in this Section and they shall have the
13certificate in their possession while hunting.
14    The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization has
23as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25    The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

 

 

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1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14    The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2012 license year, resident veterans
17of the United States Armed Forces after returning from service
18abroad or mobilization by the President of the United States,
19the fee is one-half of the fee charged for a hunting license to
20hunt all species for a resident of Illinois. Veterans must
21provide to the Department, at one of the Department's 5
22regional offices, verification of their service. The
23Department shall establish what constitutes suitable
24verification of service for the purpose of issuing resident
25veterans hunting licenses at a reduced fee. The fee for a
26hunting license to hunt all species shall be $1 for residents

 

 

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1over 75 years of age. Nonresidents shall be charged $57 for a
2hunting license.
3    Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6    A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section 3.27,
9shall be issued upon proper application being made and payment
10of a fee equal to that for a resident hunting license. The
11expiration date of this license shall be on the same date each
12year that game breeding and hunting preserve area licenses
13expire.
14    Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a fee
16of $15 and shall receive a stamp. The fee for a State Migratory
17Waterfowl Stamp shall be waived for residents over 75 years of
18age. Except as provided under Section 20-45 of the Fish and
19Aquatic Life Code, the stamp shall be signed by the person or
20affixed to his license or permit in a space designated by the
21Department for that purpose.
22    Each applicant for a State Habitat Stamp, regardless of his
23residence or other condition, shall pay a fee of $5 and shall
24receive a stamp. The fee for a State Habitat Stamp shall be
25waived for residents over 75 years of age. Except as provided
26under Section 20-45 of the Fish and Aquatic Life Code, the

 

 

HB5650- 71 -LRB099 18253 SLF 42623 b

1stamp shall be signed by the person or affixed to his license
2or permit in a space designated by the Department for that
3purpose.
4    Nothing in this Section shall be construed as to require
5the purchase of more than one State Habitat Stamp by any person
6in any one license year.
7    The fees for State Pheasant Stamps and State Furbearer
8Stamps shall be waived for residents over 75 years of age.
9    The Department shall furnish the holders of hunting
10licenses and stamps with an insignia as evidence of possession
11of license, or license and stamp, as the Department may
12consider advisable. The insignia shall be exhibited and used as
13the Department may order.
14    All other hunting licenses and all State stamps shall
15expire upon March 31 of each year.
16    Every person holding any license, permit, or stamp issued
17under the provisions of this Act shall have it in his
18possession for immediate presentation for inspection to the
19officers and authorized employees of the Department, any
20sheriff, deputy sheriff, or any other peace officer making a
21demand for it. This provision shall not apply to Department
22owned or managed sites where it is required that all hunters
23deposit their license or , permit , or Firearm Owner's
24Identification Card at the check station upon entering the
25hunting areas.
26(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 

 

 

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1    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
2    Sec. 3.2a. Every person holding any license, permit or
3stamp issued under the provisions hereof shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license or , permit or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12(Source: P.A. 85-152.)
 
13    Section 75. The Clerks of Courts Act is amended by changing
14Section 27.3a as follows:
 
15    (705 ILCS 105/27.3a)
16    Sec. 27.3a. Fees for automated record keeping, probation
17and court services operations, and State and Conservation
18Police operations.
19    1. The expense of establishing and maintaining automated
20record keeping systems in the offices of the clerks of the
21circuit court shall be borne by the county. To defray such
22expense in any county having established such an automated
23system or which elects to establish such a system, the county

 

 

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1board may require the clerk of the circuit court in their
2county to charge and collect a court automation fee of not less
3than $1 nor more than $25 to be charged and collected by the
4clerk of the court. Such fee shall be paid at the time of
5filing the first pleading, paper or other appearance filed by
6each party in all civil cases or by the defendant in any
7felony, traffic, misdemeanor, municipal ordinance, or
8conservation case upon a judgment of guilty or grant of
9supervision, provided that the record keeping system which
10processes the case category for which the fee is charged is
11automated or has been approved for automation by the county
12board, and provided further that no additional fee shall be
13required if more than one party is presented in a single
14pleading, paper or other appearance. Such fee shall be
15collected in the manner in which all other fees or costs are
16collected.
17    1.1. Starting on July 6, 2012 (the effective date of Public
18Act 97-761) and pursuant to an administrative order from the
19chief judge of the circuit or the presiding judge of the county
20authorizing such collection, a clerk of the circuit court in
21any county that imposes a fee pursuant to subsection 1 of this
22Section shall also charge and collect an additional $10
23operations fee for probation and court services department
24operations.
25    This additional fee shall be paid by the defendant in any
26felony, traffic, misdemeanor, local ordinance, or conservation

 

 

HB5650- 74 -LRB099 18253 SLF 42623 b

1case upon a judgment of guilty or grant of supervision, except
2such $10 operations fee shall not be charged and collected in
3cases governed by Supreme Court Rule 529 in which the bail
4amount is $120 or less.
5    1.2. With respect to the fee imposed and collected under
6subsection 1.1 of this Section, each clerk shall transfer all
7fees monthly to the county treasurer for deposit into the
8probation and court services fund created under Section 15.1 of
9the Probation and Probation Officers Act, and such monies shall
10be disbursed from the fund only at the direction of the chief
11judge of the circuit or another judge designated by the Chief
12Circuit Judge in accordance with the policies and guidelines
13approved by the Supreme Court.
14    1.5. Starting on June 1, 2014, a clerk of the circuit court
15in any county that imposes a fee pursuant to subsection 1 of
16this Section, shall charge and collect an additional fee in an
17amount equal to the amount of the fee imposed pursuant to
18subsection 1 of this Section, except the fee imposed under this
19subsection may not be more than $15. This additional fee shall
20be paid by the defendant in any felony, traffic, misdemeanor,
21or local ordinance case upon a judgment of guilty or grant of
22supervision. This fee shall not be paid by the defendant for
23any violation listed in subsection 1.6 of this Section.
24    1.6. Starting on June 1, 2014, a clerk of the circuit court
25in any county that imposes a fee pursuant to subsection 1 of
26this Section shall charge and collect an additional fee in an

 

 

HB5650- 75 -LRB099 18253 SLF 42623 b

1amount equal to the amount of the fee imposed pursuant to
2subsection 1 of this Section, except the fee imposed under this
3subsection may not be more than $15. This additional fee shall
4be paid by the defendant upon a judgment of guilty or grant of
5supervision for a violation under the State Parks Act, the
6Recreational Trails of Illinois Act, the Illinois Explosives
7Act, the Timber Buyers Licensing Act, the Forest Products
8Transportation Act, the Firearm Owners Identification Card
9Act, the Environmental Protection Act, the Fish and Aquatic
10Life Code, the Wildlife Code, the Cave Protection Act, the
11Illinois Exotic Weed Act, the Illinois Forestry Development
12Act, the Ginseng Harvesting Act, the Illinois Lake Management
13Program Act, the Illinois Natural Areas Preservation Act, the
14Illinois Open Land Trust Act, the Open Space Lands Acquisition
15and Development Act, the Illinois Prescribed Burning Act, the
16State Forest Act, the Water Use Act of 1983, the Illinois
17Veteran, Youth, and Young Adult Conservation Jobs Act, the
18Snowmobile Registration and Safety Act, the Boat Registration
19and Safety Act, the Illinois Dangerous Animals Act, the Hunter
20and Fishermen Interference Prohibition Act, the Wrongful Tree
21Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
2211-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
23the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
24Criminal Code of 2012.
25    2. With respect to the fee imposed under subsection 1 of
26this Section, each clerk shall commence such charges and

 

 

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1collections upon receipt of written notice from the chairman of
2the county board together with a certified copy of the board's
3resolution, which the clerk shall file of record in his office.
4    3. With respect to the fee imposed under subsection 1 of
5this Section, such fees shall be in addition to all other fees
6and charges of such clerks, and assessable as costs, and may be
7waived only if the judge specifically provides for the waiver
8of the court automation fee. The fees shall be remitted monthly
9by such clerk to the county treasurer, to be retained by him in
10a special fund designated as the court automation fund. The
11fund shall be audited by the county auditor, and the board
12shall make expenditure from the fund in payment of any cost
13related to the automation of court records, including hardware,
14software, research and development costs and personnel related
15thereto, provided that the expenditure is approved by the clerk
16of the court and by the chief judge of the circuit court or his
17designate.
18    4. With respect to the fee imposed under subsection 1 of
19this Section, such fees shall not be charged in any matter
20coming to any such clerk on change of venue, nor in any
21proceeding to review the decision of any administrative
22officer, agency or body.
23    5. With respect to the additional fee imposed under
24subsection 1.5 of this Section, the fee shall be remitted by
25the circuit clerk to the State Treasurer within one month after
26receipt for deposit into the State Police Operations Assistance

 

 

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1Fund.
2    6. With respect to the additional fees imposed under
3subsection 1.5 of this Section, the Director of State Police
4may direct the use of these fees for homeland security purposes
5by transferring these fees on a quarterly basis from the State
6Police Operations Assistance Fund into the Illinois Law
7Enforcement Alarm Systems (ILEAS) Fund for homeland security
8initiatives programs. The transferred fees shall be allocated,
9subject to the approval of the ILEAS Executive Board, as
10follows: (i) 66.6% shall be used for homeland security
11initiatives and (ii) 33.3% shall be used for airborne
12operations. The ILEAS Executive Board shall annually supply the
13Director of State Police with a report of the use of these
14fees.
15    7. With respect to the additional fee imposed under
16subsection 1.6 of this Section, the fee shall be remitted by
17the circuit clerk to the State Treasurer within one month after
18receipt for deposit into the Conservation Police Operations
19Assistance Fund.
20(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
21eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
2297-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
238-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
 
24    Section 80. The Criminal Code of 2012 is amended by
25changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

 

 

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124-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
224-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
 
3    (720 ILCS 5/2-7.1)
4    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
5"Firearm "Firearm" and "firearm ammunition" means any
6self-contained cartridge or shotgun shell, by whatever name
7known, which is designed to be used or adaptable to use in a
8firearm; excluding, however:
9    (1) any ammunition exclusively designed for use with a
10device used exclusively for signalling or safety and required
11or recommended by the United States Coast Guard or the
12Interstate Commerce Commission; and
13    (2) any ammunition designed exclusively for use with a stud
14or rivet driver or other similar industrial ammunition have the
15meanings ascribed to them in Section 1.1 of the Firearm Owners
16Identification Card Act.
17(Source: P.A. 91-544, eff. 1-1-00.)
 
18    (720 ILCS 5/2-7.5)
19    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
20specific Section, "firearm" means any device, by whatever name
21known, which is designed to expel a projectile or projectiles
22by the action of an explosion, expansion of gas or escape of
23gas; excluding, however:
24    (1) any pneumatic gun, spring gun, paint ball gun, or B-B

 

 

HB5650- 79 -LRB099 18253 SLF 42623 b

1gun which expels a single globular projectile not exceeding .18
2inch in diameter or which has a maximum muzzle velocity of less
3than 700 feet per second;
4    (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
5gun which expels breakable paint balls containing washable
6marking colors;
7    (2) any device used exclusively for signalling or safety
8and required or recommended by the United States Coast Guard or
9the Interstate Commerce Commission;
10    (3) any device used exclusively for the firing of stud
11cartridges, explosive rivets, or similar industrial
12ammunition; and
13    (4) an antique firearm (other than a machine-gun) which,
14although designed as a weapon, the Department of State Police
15finds by reason of the date of its manufacture, value, design,
16and other characteristics is primarily a collector's item and
17is not likely to be used as a weapon has the meaning ascribed
18to it in Section 1.1 of the Firearm Owners Identification Card
19Act.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
22    Sec. 12-3.05. Aggravated battery.
23    (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability or
3    disfigurement.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability or
10    disfigurement to an individual whom the person knows to be
11    a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability or
22    disfigurement to an individual 60 years of age or older.
23        (5) Strangles another individual.
24    (b) Offense based on injury to a child or person with an
25intellectual disability. A person who is at least 18 years of
26age commits aggravated battery when, in committing a battery,

 

 

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1he or she knowingly and without legal justification by any
2means:
3        (1) causes great bodily harm or permanent disability or
4    disfigurement to any child under the age of 13 years, or to
5    any person with a severe or profound intellectual
6    disability; or
7        (2) causes bodily harm or disability or disfigurement
8    to any child under the age of 13 years or to any person
9    with a severe or profound intellectual disability.
10    (c) Offense based on location of conduct. A person commits
11aggravated battery when, in committing a battery, other than by
12the discharge of a firearm, he or she is or the person battered
13is on or about a public way, public property, a public place of
14accommodation or amusement, a sports venue, or a domestic
15violence shelter.
16    (d) Offense based on status of victim. A person commits
17aggravated battery when, in committing a battery, other than by
18discharge of a firearm, he or she knows the individual battered
19to be any of the following:
20        (1) A person 60 years of age or older.
21        (2) A person who is pregnant or has a physical
22    disability.
23        (3) A teacher or school employee upon school grounds or
24    grounds adjacent to a school or in any part of a building
25    used for school purposes.
26        (4) A peace officer, community policing volunteer,

 

 

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1    fireman, private security officer, correctional
2    institution employee, or Department of Human Services
3    employee supervising or controlling sexually dangerous
4    persons or sexually violent persons:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (5) A judge, emergency management worker, emergency
11    medical technician, or utility worker:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (6) An officer or employee of the State of Illinois, a
18    unit of local government, or a school district, while
19    performing his or her official duties.
20        (7) A transit employee performing his or her official
21    duties, or a transit passenger.
22        (8) A taxi driver on duty.
23        (9) A merchant who detains the person for an alleged
24    commission of retail theft under Section 16-26 of this Code
25    and the person without legal justification by any means
26    causes bodily harm to the merchant.

 

 

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1        (10) A person authorized to serve process under Section
2    2-202 of the Code of Civil Procedure or a special process
3    server appointed by the circuit court while that individual
4    is in the performance of his or her duties as a process
5    server.
6        (11) A nurse while in the performance of his or her
7    duties as a nurse.
8    (e) Offense based on use of a firearm. A person commits
9aggravated battery when, in committing a battery, he or she
10knowingly does any of the following:
11        (1) Discharges a firearm, other than a machine gun or a
12    firearm equipped with a silencer, and causes any injury to
13    another person.
14        (2) Discharges a firearm, other than a machine gun or a
15    firearm equipped with a silencer, and causes any injury to
16    a person he or she knows to be a peace officer, community
17    policing volunteer, person summoned by a police officer,
18    fireman, private security officer, correctional
19    institution employee, or emergency management worker:
20            (i) performing his or her official duties;
21            (ii) battered to prevent performance of his or her
22        official duties; or
23            (iii) battered in retaliation for performing his
24        or her official duties.
25        (3) Discharges a firearm, other than a machine gun or a
26    firearm equipped with a silencer, and causes any injury to

 

 

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1    a person he or she knows to be an emergency medical
2    technician employed by a municipality or other
3    governmental unit:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (4) Discharges a firearm and causes any injury to a
10    person he or she knows to be a teacher, a student in a
11    school, or a school employee, and the teacher, student, or
12    employee is upon school grounds or grounds adjacent to a
13    school or in any part of a building used for school
14    purposes.
15        (5) Discharges a machine gun or a firearm equipped with
16    a silencer, and causes any injury to another person.
17        (6) Discharges a machine gun or a firearm equipped with
18    a silencer, and causes any injury to a person he or she
19    knows to be a peace officer, community policing volunteer,
20    person summoned by a police officer, fireman, private
21    security officer, correctional institution employee or
22    emergency management worker:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

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1        or her official duties.
2        (7) Discharges a machine gun or a firearm equipped with
3    a silencer, and causes any injury to a person he or she
4    knows to be an emergency medical technician employed by a
5    municipality or other governmental unit:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (8) Discharges a machine gun or a firearm equipped with
12    a silencer, and causes any injury to a person he or she
13    knows to be a teacher, or a student in a school, or a
14    school employee, and the teacher, student, or employee is
15    upon school grounds or grounds adjacent to a school or in
16    any part of a building used for school purposes.
17    (f) Offense based on use of a weapon or device. A person
18commits aggravated battery when, in committing a battery, he or
19she does any of the following:
20        (1) Uses a deadly weapon other than by discharge of a
21    firearm, or uses an air rifle as defined in Section
22    24.8-0.1 of this Code.
23        (2) Wears a hood, robe, or mask to conceal his or her
24    identity.
25        (3) Knowingly and without lawful justification shines
26    or flashes a laser gunsight or other laser device attached

 

 

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1    to a firearm, or used in concert with a firearm, so that
2    the laser beam strikes upon or against the person of
3    another.
4        (4) Knowingly video or audio records the offense with
5    the intent to disseminate the recording.
6    (g) Offense based on certain conduct. A person commits
7aggravated battery when, other than by discharge of a firearm,
8he or she does any of the following:
9        (1) Violates Section 401 of the Illinois Controlled
10    Substances Act by unlawfully delivering a controlled
11    substance to another and any user experiences great bodily
12    harm or permanent disability as a result of the injection,
13    inhalation, or ingestion of any amount of the controlled
14    substance.
15        (2) Knowingly administers to an individual or causes
16    him or her to take, without his or her consent or by threat
17    or deception, and for other than medical purposes, any
18    intoxicating, poisonous, stupefying, narcotic, anesthetic,
19    or controlled substance, or gives to another person any
20    food containing any substance or object intended to cause
21    physical injury if eaten.
22        (3) Knowingly causes or attempts to cause a
23    correctional institution employee or Department of Human
24    Services employee to come into contact with blood, seminal
25    fluid, urine, or feces by throwing, tossing, or expelling
26    the fluid or material, and the person is an inmate of a

 

 

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1    penal institution or is a sexually dangerous person or
2    sexually violent person in the custody of the Department of
3    Human Services.
4    (h) Sentence. Unless otherwise provided, aggravated
5battery is a Class 3 felony.
6    Aggravated battery as defined in subdivision (a)(4),
7(d)(4), or (g)(3) is a Class 2 felony.
8    Aggravated battery as defined in subdivision (a)(3) or
9(g)(1) is a Class 1 felony.
10    Aggravated battery as defined in subdivision (a)(1) is a
11Class 1 felony when the aggravated battery was intentional and
12involved the infliction of torture, as defined in paragraph
13(14) of subsection (b) of Section 9-1 of this Code, as the
14infliction of or subjection to extreme physical pain, motivated
15by an intent to increase or prolong the pain, suffering, or
16agony of the victim.
17    Aggravated battery under subdivision (a)(5) is a Class 1
18felony if:
19        (A) the person used or attempted to use a dangerous
20    instrument while committing the offense; or
21        (B) the person caused great bodily harm or permanent
22    disability or disfigurement to the other person while
23    committing the offense; or
24        (C) the person has been previously convicted of a
25    violation of subdivision (a)(5) under the laws of this
26    State or laws similar to subdivision (a)(5) of any other

 

 

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1    state.
2    Aggravated battery as defined in subdivision (e)(1) is a
3Class X felony.
4    Aggravated battery as defined in subdivision (a)(2) is a
5Class X felony for which a person shall be sentenced to a term
6of imprisonment of a minimum of 6 years and a maximum of 45
7years.
8    Aggravated battery as defined in subdivision (e)(5) is a
9Class X felony for which a person shall be sentenced to a term
10of imprisonment of a minimum of 12 years and a maximum of 45
11years.
12    Aggravated battery as defined in subdivision (e)(2),
13(e)(3), or (e)(4) is a Class X felony for which a person shall
14be sentenced to a term of imprisonment of a minimum of 15 years
15and a maximum of 60 years.
16    Aggravated battery as defined in subdivision (e)(6),
17(e)(7), or (e)(8) is a Class X felony for which a person shall
18be sentenced to a term of imprisonment of a minimum of 20 years
19and a maximum of 60 years.
20    Aggravated battery as defined in subdivision (b)(1) is a
21Class X felony, except that:
22        (1) if the person committed the offense while armed
23    with a firearm, 15 years shall be added to the term of
24    imprisonment imposed by the court;
25        (2) if, during the commission of the offense, the
26    person personally discharged a firearm, 20 years shall be

 

 

HB5650- 89 -LRB099 18253 SLF 42623 b

1    added to the term of imprisonment imposed by the court;
2        (3) if, during the commission of the offense, the
3    person personally discharged a firearm that proximately
4    caused great bodily harm, permanent disability, permanent
5    disfigurement, or death to another person, 25 years or up
6    to a term of natural life shall be added to the term of
7    imprisonment imposed by the court.
8    (i) Definitions. For the purposes of this Section:
9    "Building or other structure used to provide shelter" has
10the meaning ascribed to "shelter" in Section 1 of the Domestic
11Violence Shelters Act.
12    "Domestic violence" has the meaning ascribed to it in
13Section 103 of the Illinois Domestic Violence Act of 1986.
14    "Domestic violence shelter" means any building or other
15structure used to provide shelter or other services to victims
16or to the dependent children of victims of domestic violence
17pursuant to the Illinois Domestic Violence Act of 1986 or the
18Domestic Violence Shelters Act, or any place within 500 feet of
19such a building or other structure in the case of a person who
20is going to or from such a building or other structure.
21    "Firearm" has the meaning provided under Section 2-7.5 of
22this Code 1.1 of the Firearm Owners Identification Card Act,
23and does not include an air rifle as defined by Section
2424.8-0.1 of this Code.
25    "Machine gun" has the meaning ascribed to it in Section
2624-1 of this Code.

 

 

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1    "Merchant" has the meaning ascribed to it in Section 16-0.1
2of this Code.
3    "Strangle" means intentionally impeding the normal
4breathing or circulation of the blood of an individual by
5applying pressure on the throat or neck of that individual or
6by blocking the nose or mouth of that individual.
7(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
8eff. 7-16-14; 99-143, eff. 7-27-15.)
 
9    (720 ILCS 5/16-0.1)
10    Sec. 16-0.1. Definitions. In this Article, unless the
11context clearly requires otherwise, the following terms are
12defined as indicated:
13    "Access" means to use, instruct, communicate with, store
14data in, retrieve or intercept data from, or otherwise utilize
15any services of a computer.
16    "Coin-operated machine" includes any automatic vending
17machine or any part thereof, parking meter, coin telephone,
18coin-operated transit turnstile, transit fare box, coin
19laundry machine, coin dry cleaning machine, amusement machine,
20music machine, vending machine dispensing goods or services, or
21money changer.
22    "Communication device" means any type of instrument,
23device, machine, or equipment which is capable of transmitting,
24acquiring, decrypting, or receiving any telephonic,
25electronic, data, Internet access, audio, video, microwave, or

 

 

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1radio transmissions, signals, communications, or services,
2including the receipt, acquisition, transmission, or
3decryption of all such communications, transmissions, signals,
4or services provided by or through any cable television, fiber
5optic, telephone, satellite, microwave, radio, Internet-based,
6data transmission, or wireless distribution network, system or
7facility; or any part, accessory, or component thereof,
8including any computer circuit, security module, smart card,
9software, computer chip, electronic mechanism or other
10component, accessory or part of any communication device which
11is capable of facilitating the transmission, decryption,
12acquisition or reception of all such communications,
13transmissions, signals, or services.
14    "Communication service" means any service lawfully
15provided for a charge or compensation to facilitate the lawful
16origination, transmission, emission, or reception of signs,
17signals, data, writings, images, and sounds or intelligence of
18any nature by telephone, including cellular telephones or a
19wire, wireless, radio, electromagnetic, photo-electronic or
20photo-optical system; and also any service lawfully provided by
21any radio, telephone, cable television, fiber optic,
22satellite, microwave, Internet-based or wireless distribution
23network, system, facility or technology, including, but not
24limited to, any and all electronic, data, video, audio,
25Internet access, telephonic, microwave and radio
26communications, transmissions, signals and services, and any

 

 

HB5650- 92 -LRB099 18253 SLF 42623 b

1such communications, transmissions, signals and services
2lawfully provided directly or indirectly by or through any of
3those networks, systems, facilities or technologies.
4    "Communication service provider" means: (1) any person or
5entity providing any communication service, whether directly
6or indirectly, as a reseller, including, but not limited to, a
7cellular, paging or other wireless communications company or
8other person or entity which, for a fee, supplies the facility,
9cell site, mobile telephone switching office or other equipment
10or communication service; (2) any person or entity owning or
11operating any cable television, fiber optic, satellite,
12telephone, wireless, microwave, radio, data transmission or
13Internet-based distribution network, system or facility; and
14(3) any person or entity providing any communication service
15directly or indirectly by or through any such distribution
16system, network or facility.
17    "Computer" means a device that accepts, processes, stores,
18retrieves or outputs data, and includes but is not limited to
19auxiliary storage and telecommunications devices connected to
20computers.
21    "Continuing course of conduct" means a series of acts, and
22the accompanying mental state necessary for the crime in
23question, irrespective of whether the series of acts are
24continuous or intermittent.
25    "Delivery container" means any bakery basket of wire or
26plastic used to transport or store bread or bakery products,

 

 

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1any dairy case of wire or plastic used to transport or store
2dairy products, and any dolly or cart of 2 or 4 wheels used to
3transport or store any bakery or dairy product.
4    "Document-making implement" means any implement,
5impression, template, computer file, computer disc, electronic
6device, computer hardware, computer software, instrument, or
7device that is used to make a real or fictitious or fraudulent
8personal identification document.
9    "Financial transaction device" means any of the following:
10        (1) An electronic funds transfer card.
11        (2) A credit card.
12        (3) A debit card.
13        (4) A point-of-sale card.
14        (5) Any instrument, device, card, plate, code, account
15    number, personal identification number, or a record or copy
16    of a code, account number, or personal identification
17    number or other means of access to a credit account or
18    deposit account, or a driver's license or State
19    identification card used to access a proprietary account,
20    other than access originated solely by a paper instrument,
21    that can be used alone or in conjunction with another
22    access device, for any of the following purposes:
23            (A) Obtaining money, cash refund or credit
24        account, credit, goods, services, or any other thing of
25        value.
26            (B) Certifying or guaranteeing to a person or

 

 

HB5650- 94 -LRB099 18253 SLF 42623 b

1        business the availability to the device holder of funds
2        on deposit to honor a draft or check payable to the
3        order of that person or business.
4            (C) Providing the device holder access to a deposit
5        account for the purpose of making deposits,
6        withdrawing funds, transferring funds between deposit
7        accounts, obtaining information pertaining to a
8        deposit account, or making an electronic funds
9        transfer.
10    "Full retail value" means the merchant's stated or
11advertised price of the merchandise. "Full retail value"
12includes the aggregate value of property obtained from retail
13thefts committed by the same person as part of a continuing
14course of conduct from one or more mercantile establishments in
15a single transaction or in separate transactions over a period
16of one year.
17    "Internet" means an interactive computer service or system
18or an information service, system, or access software provider
19that provides or enables computer access by multiple users to a
20computer server, and includes, but is not limited to, an
21information service, system, or access software provider that
22provides access to a network system commonly known as the
23Internet, or any comparable system or service and also
24includes, but is not limited to, a World Wide Web page,
25newsgroup, message board, mailing list, or chat area on any
26interactive computer service or system or other online service.

 

 

HB5650- 95 -LRB099 18253 SLF 42623 b

1    "Library card" means a card or plate issued by a library
2facility for purposes of identifying the person to whom the
3library card was issued as authorized to borrow library
4material, subject to all limitations and conditions imposed on
5the borrowing by the library facility issuing such card.
6    "Library facility" includes any public library or museum,
7or any library or museum of an educational, historical or
8eleemosynary institution, organization or society.
9    "Library material" includes any book, plate, picture,
10photograph, engraving, painting, sculpture, statue, artifact,
11drawing, map, newspaper, pamphlet, broadside, magazine,
12manuscript, document, letter, microfilm, sound recording,
13audiovisual material, magnetic or other tape, electronic data
14processing record or other documentary, written or printed
15material regardless of physical form or characteristics, or any
16part thereof, belonging to, or on loan to or otherwise in the
17custody of a library facility.
18    "Manufacture or assembly of an unlawful access device"
19means to make, produce or assemble an unlawful access device or
20to modify, alter, program or re-program any instrument, device,
21machine, equipment or software so that it is capable of
22defeating or circumventing any technology, device or software
23used by the provider, owner or licensee of a communication
24service or of any data, audio or video programs or
25transmissions to protect any such communication, data, audio or
26video services, programs or transmissions from unauthorized

 

 

HB5650- 96 -LRB099 18253 SLF 42623 b

1access, acquisition, disclosure, receipt, decryption,
2communication, transmission or re-transmission.
3    "Manufacture or assembly of an unlawful communication
4device" means to make, produce or assemble an unlawful
5communication or wireless device or to modify, alter, program
6or reprogram a communication or wireless device to be capable
7of acquiring, disrupting, receiving, transmitting, decrypting,
8or facilitating the acquisition, disruption, receipt,
9transmission or decryption of, a communication service without
10the express consent or express authorization of the
11communication service provider, or to knowingly assist others
12in those activities.
13    "Master sound recording" means the original physical
14object on which a given set of sounds were first recorded and
15which the original object from which all subsequent sound
16recordings embodying the same set of sounds are directly or
17indirectly derived.
18    "Merchandise" means any item of tangible personal
19property, including motor fuel.
20    "Merchant" means an owner or operator of any retail
21mercantile establishment or any agent, employee, lessee,
22consignee, officer, director, franchisee, or independent
23contractor of the owner or operator. "Merchant" also means a
24person who receives from an authorized user of a payment card,
25or someone the person believes to be an authorized user, a
26payment card or information from a payment card, or what the

 

 

HB5650- 97 -LRB099 18253 SLF 42623 b

1person believes to be a payment card or information from a
2payment card, as the instrument for obtaining, purchasing or
3receiving goods, services, money, or anything else of value
4from the person.
5    "Motor fuel" means a liquid, regardless of its properties,
6used to propel a vehicle, including gasoline and diesel.
7    "Online" means the use of any electronic or wireless device
8to access the Internet.
9    "Payment card" means a credit card, charge card, debit
10card, or any other card that is issued to an authorized card
11user and that allows the user to obtain, purchase, or receive
12goods, services, money, or anything else of value from a
13merchant.
14    "Person with a disability" means a person who suffers from
15a physical or mental impairment resulting from disease, injury,
16functional disorder or congenital condition that impairs the
17individual's mental or physical ability to independently
18manage his or her property or financial resources, or both.
19    "Personal identification document" means a birth
20certificate, a driver's license, a State identification card, a
21public, government, or private employment identification card,
22a social security card, a license issued under the Firearm
23Concealed Carry Act firearm owner's identification card, a
24credit card, a debit card, or a passport issued to or on behalf
25of a person other than the offender, or any document made or
26issued, or falsely purported to have been made or issued, by or

 

 

HB5650- 98 -LRB099 18253 SLF 42623 b

1under the authority of the United States Government, the State
2of Illinois, or any other state political subdivision of any
3state, or any other governmental or quasi-governmental
4organization that is of a type intended for the purpose of
5identification of an individual, or any such document made or
6altered in a manner that it falsely purports to have been made
7on behalf of or issued to another person or by the authority of
8one who did not give that authority.
9    "Personal identifying information" means any of the
10following information:
11        (1) A person's name.
12        (2) A person's address.
13        (3) A person's date of birth.
14        (4) A person's telephone number.
15        (5) A person's driver's license number or State of
16    Illinois identification card as assigned by the Secretary
17    of State of the State of Illinois or a similar agency of
18    another state.
19        (6) A person's social security number.
20        (7) A person's public, private, or government
21    employer, place of employment, or employment
22    identification number.
23        (8) The maiden name of a person's mother.
24        (9) The number assigned to a person's depository
25    account, savings account, or brokerage account.
26        (10) The number assigned to a person's credit or debit

 

 

HB5650- 99 -LRB099 18253 SLF 42623 b

1    card, commonly known as a "Visa Card", "MasterCard",
2    "American Express Card", "Discover Card", or other similar
3    cards whether issued by a financial institution,
4    corporation, or business entity.
5        (11) Personal identification numbers.
6        (12) Electronic identification numbers.
7        (13) Digital signals.
8        (14) User names, passwords, and any other word, number,
9    character or combination of the same usable in whole or
10    part to access information relating to a specific
11    individual, or to the actions taken, communications made or
12    received, or other activities or transactions of a specific
13    individual.
14        (15) Any other numbers or information which can be used
15    to access a person's financial resources, or to identify a
16    specific individual, or the actions taken, communications
17    made or received, or other activities or transactions of a
18    specific individual.
19    "Premises of a retail mercantile establishment" includes,
20but is not limited to, the retail mercantile establishment; any
21common use areas in shopping centers; and all parking areas set
22aside by a merchant or on behalf of a merchant for the parking
23of vehicles for the convenience of the patrons of such retail
24mercantile establishment.
25    "Public water, gas, or power supply, or other public
26services" mean any service subject to regulation by the

 

 

HB5650- 100 -LRB099 18253 SLF 42623 b

1Illinois Commerce Commission; any service furnished by a public
2utility that is owned and operated by any political
3subdivision, public institution of higher education or
4municipal corporation of this State; any service furnished by
5any public utility that is owned by such political subdivision,
6public institution of higher education, or municipal
7corporation and operated by any of its lessees or operating
8agents; any service furnished by an electric cooperative as
9defined in Section 3.4 of the Electric Supplier Act; or
10wireless service or other service regulated by the Federal
11Communications Commission.
12    "Publish" means to communicate or disseminate information
13to any one or more persons, either orally, in person, or by
14telephone, radio or television or in writing of any kind,
15including, without limitation, a letter or memorandum,
16circular or handbill, newspaper or magazine article or book.
17    "Radio frequency identification device" means any
18implement, computer file, computer disc, electronic device,
19computer hardware, computer software, or instrument that is
20used to activate, read, receive, or decode information stored
21on a RFID tag or transponder attached to a personal
22identification document.
23    "RFID tag or transponder" means a chip or device that
24contains personal identifying information from which the
25personal identifying information can be read or decoded by
26another device emitting a radio frequency that activates or

 

 

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1powers a radio frequency emission response from the chip or
2transponder.
3    "Reencoder" means an electronic device that places encoded
4information from the magnetic strip or stripe of a payment card
5onto the magnetic strip or stripe of a different payment card.
6    "Retail mercantile establishment" means any place where
7merchandise is displayed, held, stored or offered for sale to
8the public.
9    "Scanning device" means a scanner, reader, or any other
10electronic device that is used to access, read, scan, obtain,
11memorize, or store, temporarily or permanently, information
12encoded on the magnetic strip or stripe of a payment card.
13    "Shopping cart" means those push carts of the type or types
14which are commonly provided by grocery stores, drug stores or
15other retail mercantile establishments for the use of the
16public in transporting commodities in stores and markets and,
17incidentally, from the stores to a place outside the store.
18    "Sound or audio visual recording" means any sound or audio
19visual phonograph record, disc, pre-recorded tape, film, wire,
20magnetic tape or other object, device or medium, now known or
21hereafter invented, by which sounds or images may be reproduced
22with or without the use of any additional machine, equipment or
23device.
24    "Theft detection device remover" means any tool or device
25specifically designed and intended to be used to remove any
26theft detection device from any merchandise.

 

 

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1    "Under-ring" means to cause the cash register or other
2sales recording device to reflect less than the full retail
3value of the merchandise.
4    "Unidentified sound or audio visual recording" means a
5sound or audio visual recording without the actual name and
6full and correct street address of the manufacturer, and the
7name of the actual performers or groups prominently and legibly
8printed on the outside cover or jacket and on the label of such
9sound or audio visual recording.
10    "Unlawful access device" means any type of instrument,
11device, machine, equipment, technology, or software which is
12primarily possessed, used, designed, assembled, manufactured,
13sold, distributed or offered, promoted or advertised for the
14purpose of defeating or circumventing any technology, device or
15software, or any component or part thereof, used by the
16provider, owner or licensee of any communication service or of
17any data, audio or video programs or transmissions to protect
18any such communication, audio or video services, programs or
19transmissions from unauthorized access, acquisition, receipt,
20decryption, disclosure, communication, transmission or
21re-transmission.
22    "Unlawful communication device" means any electronic
23serial number, mobile identification number, personal
24identification number or any communication or wireless device
25that is capable of acquiring or facilitating the acquisition of
26a communication service without the express consent or express

 

 

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1authorization of the communication service provider, or that
2has been altered, modified, programmed or reprogrammed, alone
3or in conjunction with another communication or wireless device
4or other equipment, to so acquire or facilitate the
5unauthorized acquisition of a communication service. "Unlawful
6communication device" also means:
7        (1) any phone altered to obtain service without the
8    express consent or express authorization of the
9    communication service provider, tumbler phone, counterfeit
10    or clone phone, tumbler microchip, counterfeit or clone
11    microchip, scanning receiver of wireless communication
12    service or other instrument capable of disguising its
13    identity or location or of gaining unauthorized access to a
14    communications or wireless system operated by a
15    communication service provider; and
16        (2) any communication or wireless device which is
17    capable of, or has been altered, designed, modified,
18    programmed or reprogrammed, alone or in conjunction with
19    another communication or wireless device or devices, so as
20    to be capable of, facilitating the disruption,
21    acquisition, receipt, transmission or decryption of a
22    communication service without the express consent or
23    express authorization of the communication service
24    provider, including, but not limited to, any device,
25    technology, product, service, equipment, computer software
26    or component or part thereof, primarily distributed, sold,

 

 

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1    designed, assembled, manufactured, modified, programmed,
2    reprogrammed or used for the purpose of providing the
3    unauthorized receipt of, transmission of, disruption of,
4    decryption of, access to or acquisition of any
5    communication service provided by any communication
6    service provider.
7    "Vehicle" means a motor vehicle, motorcycle, or farm
8implement that is self-propelled and that uses motor fuel for
9propulsion.
10    "Wireless device" includes any type of instrument, device,
11machine, or equipment that is capable of transmitting or
12receiving telephonic, electronic or radio communications, or
13any part of such instrument, device, machine, or equipment, or
14any computer circuit, computer chip, electronic mechanism, or
15other component that is capable of facilitating the
16transmission or reception of telephonic, electronic, or radio
17communications.
18(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
191-1-12; 97-1109, eff. 1-1-13.)
 
20    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
21    Sec. 17-30. Defaced, altered, or removed manufacturer or
22owner identification number.
23    (a) Unlawful sale of household appliances. A person commits
24unlawful sale of household appliances when he or she knowingly,
25with the intent to defraud or deceive another, keeps for sale,

 

 

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1within any commercial context, any household appliance with a
2missing, defaced, obliterated, or otherwise altered
3manufacturer's identification number.
4    (b) Construction equipment identification defacement. A
5person commits construction equipment identification
6defacement when he or she knowingly changes, alters, removes,
7mutilates, or obliterates a permanently affixed serial number,
8product identification number, part number, component
9identification number, owner-applied identification, or other
10mark of identification attached to or stamped, inscribed,
11molded, or etched into a machine or other equipment, whether
12stationary or mobile or self-propelled, or a part of such
13machine or equipment, used in the construction, maintenance, or
14demolition of buildings, structures, bridges, tunnels, sewers,
15utility pipes or lines, ditches or open cuts, roads, highways,
16dams, airports, or waterways or in material handling for such
17projects.
18    The trier of fact may infer that the defendant has
19knowingly changed, altered, removed, or obliterated the serial
20number, product identification number, part number, component
21identification number, owner-applied identification number, or
22other mark of identification, if the defendant was in
23possession of any machine or other equipment or a part of such
24machine or equipment used in the construction, maintenance, or
25demolition of buildings, structures, bridges, tunnels, sewers,
26utility pipes or lines, ditches or open cuts, roads, highways,

 

 

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1dams, airports, or waterways or in material handling for such
2projects upon which any such serial number, product
3identification number, part number, component identification
4number, owner-applied identification number, or other mark of
5identification has been changed, altered, removed, or
6obliterated.
7    (c) Defacement of manufacturer's serial number or
8identification mark. A person commits defacement of a
9manufacturer's serial number or identification mark when he or
10she knowingly removes, alters, defaces, covers, or destroys the
11manufacturer's serial number or any other manufacturer's
12number or distinguishing identification mark upon any machine
13or other article of merchandise, other than a motor vehicle as
14defined in Section 1-146 of the Illinois Vehicle Code or a
15firearm as defined in the Firearm Owners Identification Card
16Act, with the intent of concealing or destroying the identity
17of such machine or other article of merchandise.
18    (d) Sentence.
19        (1) A violation of subsection (a) of this Section is a
20    Class 4 felony if the value of the appliance or appliances
21    exceeds $1,000 and a Class B misdemeanor if the value of
22    the appliance or appliances is $1,000 or less.
23        (2) A violation of subsection (b) of this Section is a
24    Class A misdemeanor.
25        (3) A violation of subsection (c) of this Section is a
26    Class B misdemeanor.

 

 

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1    (e) No liability shall be imposed upon any person for the
2unintentional failure to comply with subsection (a).
3    (f) Definitions. In this Section:
4    "Commercial context" means a continuing business
5enterprise conducted for profit by any person whose primary
6business is the wholesale or retail marketing of household
7appliances, or a significant portion of whose business or
8inventory consists of household appliances kept or sold on a
9wholesale or retail basis.
10    "Household appliance" means any gas or electric device or
11machine marketed for use as home entertainment or for
12facilitating or expediting household tasks or chores. The term
13shall include but not necessarily be limited to refrigerators,
14freezers, ranges, radios, television sets, vacuum cleaners,
15toasters, dishwashers, and other similar household items.
16    "Manufacturer's identification number" means any serial
17number or other similar numerical or alphabetical designation
18imprinted upon or attached to or placed, stamped, or otherwise
19imprinted upon or attached to a household appliance or item by
20the manufacturer for purposes of identifying a particular
21appliance or item individually or by lot number.
22(Source: P.A. 96-1551, eff. 7-1-11.)
 
23    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
24    Sec. 24-1. Unlawful use of weapons.
25    (a) A person commits the offense of unlawful use of weapons

 

 

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1when he knowingly:
2        (1) Sells, manufactures, purchases, possesses or
3    carries any bludgeon, black-jack, slung-shot, sand-club,
4    sand-bag, metal knuckles or other knuckle weapon
5    regardless of its composition, throwing star, or any knife,
6    commonly referred to as a switchblade knife, which has a
7    blade that opens automatically by hand pressure applied to
8    a button, spring or other device in the handle of the
9    knife, or a ballistic knife, which is a device that propels
10    a knifelike blade as a projectile by means of a coil
11    spring, elastic material or compressed gas; or
12        (2) Carries or possesses with intent to use the same
13    unlawfully against another, a dagger, dirk, billy,
14    dangerous knife, razor, stiletto, broken bottle or other
15    piece of glass, stun gun or taser or any other dangerous or
16    deadly weapon or instrument of like character; or
17        (3) Carries on or about his person or in any vehicle, a
18    tear gas gun projector or bomb or any object containing
19    noxious liquid gas or substance, other than an object
20    containing a non-lethal noxious liquid gas or substance
21    designed solely for personal defense carried by a person 18
22    years of age or older; or
23        (4) Carries or possesses in any vehicle or concealed on
24    or about his person except when on his land or in his own
25    abode, legal dwelling, or fixed place of business, or on
26    the land or in the legal dwelling of another person as an

 

 

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1    invitee with that person's permission, any pistol,
2    revolver, stun gun or taser or other firearm, except that
3    this subsection (a) (4) does not apply to or affect
4    transportation of weapons that meet one of the following
5    conditions:
6            (i) are broken down in a non-functioning state; or
7            (ii) are not immediately accessible; or
8            (iii) are unloaded and enclosed in a case, firearm
9        carrying box, shipping box, or other container by a
10        person eligible under State and federal law to possess
11        a firearm who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the Firearm
16        Concealed Carry Act; or
17        (5) Sets a spring gun; or
18        (6) Possesses any device or attachment of any kind
19    designed, used or intended for use in silencing the report
20    of any firearm; or
21        (7) Sells, manufactures, purchases, possesses or
22    carries:
23            (i) a machine gun, which shall be defined for the
24        purposes of this subsection as any weapon, which
25        shoots, is designed to shoot, or can be readily
26        restored to shoot, automatically more than one shot

 

 

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1        without manually reloading by a single function of the
2        trigger, including the frame or receiver of any such
3        weapon, or sells, manufactures, purchases, possesses,
4        or carries any combination of parts designed or
5        intended for use in converting any weapon into a
6        machine gun, or any combination or parts from which a
7        machine gun can be assembled if such parts are in the
8        possession or under the control of a person;
9            (ii) any rifle having one or more barrels less than
10        16 inches in length or a shotgun having one or more
11        barrels less than 18 inches in length or any weapon
12        made from a rifle or shotgun, whether by alteration,
13        modification, or otherwise, if such a weapon as
14        modified has an overall length of less than 26 inches;
15        or
16            (iii) any bomb, bomb-shell, grenade, bottle or
17        other container containing an explosive substance of
18        over one-quarter ounce for like purposes, such as, but
19        not limited to, black powder bombs and Molotov
20        cocktails or artillery projectiles; or
21        (8) Carries or possesses any firearm, stun gun or taser
22    or other deadly weapon in any place which is licensed to
23    sell intoxicating beverages, or at any public gathering
24    held pursuant to a license issued by any governmental body
25    or any public gathering at which an admission is charged,
26    excluding a place where a showing, demonstration or lecture

 

 

HB5650- 111 -LRB099 18253 SLF 42623 b

1    involving the exhibition of unloaded firearms is
2    conducted.
3        This subsection (a)(8) does not apply to any auction or
4    raffle of a firearm held pursuant to a license or permit
5    issued by a governmental body, nor does it apply to persons
6    engaged in firearm safety training courses; or
7        (9) Carries or possesses in a vehicle or on or about
8    his person any pistol, revolver, stun gun or taser or
9    firearm or ballistic knife, when he is hooded, robed or
10    masked in such manner as to conceal his identity; or
11        (10) Carries or possesses on or about his person, upon
12    any public street, alley, or other public lands within the
13    corporate limits of a city, village or incorporated town,
14    except when an invitee thereon or therein, for the purpose
15    of the display of such weapon or the lawful commerce in
16    weapons, or except when on his land or in his own abode,
17    legal dwelling, or fixed place of business, or on the land
18    or in the legal dwelling of another person as an invitee
19    with that person's permission, any pistol, revolver, stun
20    gun or taser or other firearm, except that this subsection
21    (a) (10) does not apply to or affect transportation of
22    weapons that meet one of the following conditions:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm
26        carrying box, shipping box, or other container by a

 

 

HB5650- 112 -LRB099 18253 SLF 42623 b

1        person eligible under State or federal law to possess a
2        firearm who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the Firearm
7        Concealed Carry Act.
8        A "stun gun or taser", as used in this paragraph (a)
9    means (i) any device which is powered by electrical
10    charging units, such as, batteries, and which fires one or
11    several barbs attached to a length of wire and which, upon
12    hitting a human, can send out a current capable of
13    disrupting the person's nervous system in such a manner as
14    to render him incapable of normal functioning or (ii) any
15    device which is powered by electrical charging units, such
16    as batteries, and which, upon contact with a human or
17    clothing worn by a human, can send out current capable of
18    disrupting the person's nervous system in such a manner as
19    to render him incapable of normal functioning; or
20        (11) Sells, manufactures or purchases any explosive
21    bullet. For purposes of this paragraph (a) "explosive
22    bullet" means the projectile portion of an ammunition
23    cartridge which contains or carries an explosive charge
24    which will explode upon contact with the flesh of a human
25    or an animal. "Cartridge" means a tubular metal case having
26    a projectile affixed at the front thereof and a cap or

 

 

HB5650- 113 -LRB099 18253 SLF 42623 b

1    primer at the rear end thereof, with the propellant
2    contained in such tube between the projectile and the cap;
3    or
4        (12) (Blank); or
5        (13) Carries or possesses on or about his or her person
6    while in a building occupied by a unit of government, a
7    billy club, other weapon of like character, or other
8    instrument of like character intended for use as a weapon.
9    For the purposes of this Section, "billy club" means a
10    short stick or club commonly carried by police officers
11    which is either telescopic or constructed of a solid piece
12    of wood or other man-made material.
13    (b) Sentence. A person convicted of a violation of
14subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
15subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
16Class A misdemeanor. A person convicted of a violation of
17subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
18person convicted of a violation of subsection 24-1(a)(6) or
1924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
20convicted of a violation of subsection 24-1(a)(7)(i) commits a
21Class 2 felony and shall be sentenced to a term of imprisonment
22of not less than 3 years and not more than 7 years, unless the
23weapon is possessed in the passenger compartment of a motor
24vehicle as defined in Section 1-146 of the Illinois Vehicle
25Code, or on the person, while the weapon is loaded, in which
26case it shall be a Class X felony. A person convicted of a

 

 

HB5650- 114 -LRB099 18253 SLF 42623 b

1second or subsequent violation of subsection 24-1(a)(4),
224-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
3felony. The possession of each weapon in violation of this
4Section constitutes a single and separate violation.
5    (c) Violations in specific places.
6        (1) A person who violates subsection 24-1(a)(6) or
7    24-1(a)(7) in any school, regardless of the time of day or
8    the time of year, in residential property owned, operated
9    or managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, in a public park, in a courthouse, on the real
12    property comprising any school, regardless of the time of
13    day or the time of year, on residential property owned,
14    operated or managed by a public housing agency or leased by
15    a public housing agency as part of a scattered site or
16    mixed-income development, on the real property comprising
17    any public park, on the real property comprising any
18    courthouse, in any conveyance owned, leased or contracted
19    by a school to transport students to or from school or a
20    school related activity, in any conveyance owned, leased,
21    or contracted by a public transportation agency, or on any
22    public way within 1,000 feet of the real property
23    comprising any school, public park, courthouse, public
24    transportation facility, or residential property owned,
25    operated, or managed by a public housing agency or leased
26    by a public housing agency as part of a scattered site or

 

 

HB5650- 115 -LRB099 18253 SLF 42623 b

1    mixed-income development commits a Class 2 felony and shall
2    be sentenced to a term of imprisonment of not less than 3
3    years and not more than 7 years.
4        (1.5) A person who violates subsection 24-1(a)(4),
5    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
6    time of day or the time of year, in residential property
7    owned, operated, or managed by a public housing agency or
8    leased by a public housing agency as part of a scattered
9    site or mixed-income development, in a public park, in a
10    courthouse, on the real property comprising any school,
11    regardless of the time of day or the time of year, on
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development, on
15    the real property comprising any public park, on the real
16    property comprising any courthouse, in any conveyance
17    owned, leased, or contracted by a school to transport
18    students to or from school or a school related activity, in
19    any conveyance owned, leased, or contracted by a public
20    transportation agency, or on any public way within 1,000
21    feet of the real property comprising any school, public
22    park, courthouse, public transportation facility, or
23    residential property owned, operated, or managed by a
24    public housing agency or leased by a public housing agency
25    as part of a scattered site or mixed-income development
26    commits a Class 3 felony.

 

 

HB5650- 116 -LRB099 18253 SLF 42623 b

1        (2) A person who violates subsection 24-1(a)(1),
2    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
9    residential property owned, operated or managed by a public
10    housing agency or leased by a public housing agency as part
11    of a scattered site or mixed-income development, on the
12    real property comprising any public park, on the real
13    property comprising any courthouse, in any conveyance
14    owned, leased or contracted by a school to transport
15    students to or from school or a school related activity, in
16    any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 4 felony. "Courthouse" means any building
24    that is used by the Circuit, Appellate, or Supreme Court of
25    this State for the conduct of official business.
26        (3) Paragraphs (1), (1.5), and (2) of this subsection

 

 

HB5650- 117 -LRB099 18253 SLF 42623 b

1    (c) shall not apply to law enforcement officers or security
2    officers of such school, college, or university or to
3    students carrying or possessing firearms for use in
4    training courses, parades, hunting, target shooting on
5    school ranges, or otherwise with the consent of school
6    authorities and which firearms are transported unloaded
7    enclosed in a suitable case, box, or transportation
8    package.
9        (4) For the purposes of this subsection (c), "school"
10    means any public or private elementary or secondary school,
11    community college, college, or university.
12        (5) For the purposes of this subsection (c), "public
13    transportation agency" means a public or private agency
14    that provides for the transportation or conveyance of
15    persons by means available to the general public, except
16    for transportation by automobiles not used for conveyance
17    of the general public as passengers; and "public
18    transportation facility" means a terminal or other place
19    where one may obtain public transportation.
20    (d) The presence in an automobile other than a public
21omnibus of any weapon, instrument or substance referred to in
22subsection (a)(7) is prima facie evidence that it is in the
23possession of, and is being carried by, all persons occupying
24such automobile at the time such weapon, instrument or
25substance is found, except under the following circumstances:
26(i) if such weapon, instrument or instrumentality is found upon

 

 

HB5650- 118 -LRB099 18253 SLF 42623 b

1the person of one of the occupants therein; or (ii) if such
2weapon, instrument or substance is found in an automobile
3operated for hire by a duly licensed driver in the due, lawful
4and proper pursuit of his trade, then such presumption shall
5not apply to the driver.
6    (e) Exemptions. Crossbows, Common or Compound bows and
7Underwater Spearguns are exempted from the definition of
8ballistic knife as defined in paragraph (1) of subsection (a)
9of this Section.
10(Source: P.A. 99-29, eff. 7-10-15.)
 
11    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
12    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
13Felons or Persons in the Custody of the Department of
14Corrections Facilities.
15    (a) It is unlawful for a person to knowingly possess on or
16about his person or on his land or in his own abode or fixed
17place of business any weapon prohibited under Section 24-1 of
18this Act or any firearm or any firearm ammunition if the person
19has been convicted of a felony under the laws of this State or
20any other jurisdiction. This Section shall not apply if the
21person has been granted relief under this subsection by the
22Director of the Department of State Police under Section 10 of
23the Firearm Owners Identification Card Act. A person prohibited
24from possessing a firearm under this subsection (a) may
25petition the Director of State Police for a hearing and relief

 

 

HB5650- 119 -LRB099 18253 SLF 42623 b

1from the prohibition, unless the prohibition was based upon a
2forcible felony, stalking, aggravated stalking, domestic
3battery, any violation of the Illinois Controlled Substances
4Act, the Methamphetamine Control and Community Protection Act,
5or the Cannabis Control Act that is classified as a Class 2 or
6greater felony, any felony violation of Article 24 of the
7Criminal Code of 1961 or the Criminal Code of 2012, or any
8adjudication as a delinquent minor for the commission of an
9offense that if committed by an adult would be a felony, in
10which case the person may petition the circuit court in writing
11in the county of his or her residence for a hearing and relief
12from the prohibition. The Director or court may grant the
13relief if it is established by the petitioner to the court's or
14Director's satisfaction that:
15        (1) when in the circuit court, the State's Attorney has
16    been served with a written copy of the petition at least 30
17    days before any hearing in the circuit court and at the
18    hearing the State's Attorney was afforded an opportunity to
19    present evidence and object to the petition;
20        (2) the petitioner has not been convicted of a forcible
21    felony under the laws of this State or any other
22    jurisdiction within 20 years of the filing of the petition,
23    or at least 20 years have passed since the end of any
24    period of imprisonment imposed in relation to that
25    conviction;
26        (3) the circumstances regarding a criminal conviction,

 

 

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1    where applicable, the petitioner's criminal history and
2    his or her reputation are such that the petitioner will not
3    be likely to act in a manner dangerous to public safety;
4        (4) granting relief would not be contrary to the public
5    interest; and
6        (5) granting relief would not be contrary to federal
7    law.
8    (b) It is unlawful for any person confined in a penal
9institution, which is a facility of the Illinois Department of
10Corrections, to possess any weapon prohibited under Section
1124-1 of this Code or any firearm or firearm ammunition,
12regardless of the intent with which he possesses it.
13    (c) It shall be an affirmative defense to a violation of
14subsection (b), that such possession was specifically
15authorized by rule, regulation, or directive of the Illinois
16Department of Corrections or order issued pursuant thereto.
17    (d) The defense of necessity is not available to a person
18who is charged with a violation of subsection (b) of this
19Section.
20    (e) Sentence. Violation of this Section by a person not
21confined in a penal institution shall be a Class 3 felony for
22which the person shall be sentenced to no less than 2 years and
23no more than 10 years and any second or subsequent violation
24shall be a Class 2 felony for which the person shall be
25sentenced to a term of imprisonment of not less than 3 years
26and not more than 14 years. Violation of this Section by a

 

 

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1person not confined in a penal institution who has been
2convicted of a forcible felony, a felony violation of Article
324 of this Code or of the Firearm Owners Identification Card
4Act, stalking or aggravated stalking, or a Class 2 or greater
5felony under the Illinois Controlled Substances Act, the
6Cannabis Control Act, or the Methamphetamine Control and
7Community Protection Act is a Class 2 felony for which the
8person shall be sentenced to not less than 3 years and not more
9than 14 years. Violation of this Section by a person who is on
10parole or mandatory supervised release is a Class 2 felony for
11which the person shall be sentenced to not less than 3 years
12and not more than 14 years. Violation of this Section by a
13person not confined in a penal institution is a Class X felony
14when the firearm possessed is a machine gun. Any person who
15violates this Section while confined in a penal institution,
16which is a facility of the Illinois Department of Corrections,
17is guilty of a Class 1 felony, if he possesses any weapon
18prohibited under Section 24-1 of this Code regardless of the
19intent with which he possesses it, a Class X felony if he
20possesses any firearm, firearm ammunition or explosive, and a
21Class X felony for which the offender shall be sentenced to not
22less than 12 years and not more than 50 years when the firearm
23possessed is a machine gun. A violation of this Section while
24wearing or in possession of body armor as defined in Section
2533F-1 is a Class X felony punishable by a term of imprisonment
26of not less than 10 years and not more than 40 years. The

 

 

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1possession of each firearm or firearm ammunition in violation
2of this Section constitutes a single and separate violation.
3(Source: P.A. 97-237, eff. 1-1-12.)
 
4    (720 ILCS 5/24-1.6)
5    Sec. 24-1.6. Aggravated unlawful use of a weapon.
6    (a) A person commits the offense of aggravated unlawful use
7of a weapon when he or she knowingly:
8        (1) Carries on or about his or her person or in any
9    vehicle or concealed on or about his or her person except
10    when on his or her land or in his or her abode, legal
11    dwelling, or fixed place of business, or on the land or in
12    the legal dwelling of another person as an invitee with
13    that person's permission, any pistol, revolver, stun gun or
14    taser or other firearm; or
15        (2) Carries or possesses on or about his or her person,
16    upon any public street, alley, or other public lands within
17    the corporate limits of a city, village or incorporated
18    town, except when an invitee thereon or therein, for the
19    purpose of the display of such weapon or the lawful
20    commerce in weapons, or except when on his or her own land
21    or in his or her own abode, legal dwelling, or fixed place
22    of business, or on the land or in the legal dwelling of
23    another person as an invitee with that person's permission,
24    any pistol, revolver, stun gun or taser or other firearm;
25    and

 

 

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1        (3) One of the following factors is present:
2            (A) the firearm, other than a pistol, revolver, or
3        handgun, possessed was uncased, loaded, and
4        immediately accessible at the time of the offense; or
5            (A-5) the pistol, revolver, or handgun possessed
6        was uncased, loaded, and immediately accessible at the
7        time of the offense and the person possessing the
8        pistol, revolver, or handgun has not been issued a
9        currently valid license under the Firearm Concealed
10        Carry Act; or
11            (B) the firearm, other than a pistol, revolver, or
12        handgun, possessed was uncased, unloaded, and the
13        ammunition for the weapon was immediately accessible
14        at the time of the offense; or
15            (B-5) the pistol, revolver, or handgun possessed
16        was uncased, unloaded, and the ammunition for the
17        weapon was immediately accessible at the time of the
18        offense and the person possessing the pistol,
19        revolver, or handgun has not been issued a currently
20        valid license under the Firearm Concealed Carry Act; or
21            (C) (blank); or the person possessing the firearm
22        has not been issued a currently valid Firearm Owner's
23        Identification Card; or
24            (D) the person possessing the weapon was
25        previously adjudicated a delinquent minor under the
26        Juvenile Court Act of 1987 for an act that if committed

 

 

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1        by an adult would be a felony; or
2            (E) the person possessing the weapon was engaged in
3        a misdemeanor violation of the Cannabis Control Act, in
4        a misdemeanor violation of the Illinois Controlled
5        Substances Act, or in a misdemeanor violation of the
6        Methamphetamine Control and Community Protection Act;
7        or
8            (F) (blank); or
9            (G) the person possessing the weapon had a order of
10        protection issued against him or her within the
11        previous 2 years; or
12            (H) the person possessing the weapon was engaged in
13        the commission or attempted commission of a
14        misdemeanor involving the use or threat of violence
15        against the person or property of another; or
16            (I) the person possessing the weapon was under 21
17        years of age and in possession of a handgun, unless the
18        person under 21 is engaged in lawful activities under
19        the Wildlife Code or described in subsection
20        24-2(b)(1), (b)(3), or 24-2(f).
21    (a-5) "Handgun" as used in this Section has the meaning
22given to it in Section 5 of the Firearm Concealed Carry Act.
23    (b) "Stun gun or taser" as used in this Section has the
24same definition given to it in Section 24-1 of this Code.
25    (c) This Section does not apply to or affect the
26transportation or possession of weapons that:

 

 

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1        (i) are broken down in a non-functioning state; or
2        (ii) are not immediately accessible; or
3        (iii) are unloaded and enclosed in a case, firearm
4    carrying box, shipping box, or other container by a person
5    who is eligible under State and federal law to possess a
6    firearm has been issued a currently valid Firearm Owner's
7    Identification Card.
8    (d) Sentence.
9         (1) Aggravated unlawful use of a weapon is a Class 4
10    felony; a second or subsequent offense is a Class 2 felony
11    for which the person shall be sentenced to a term of
12    imprisonment of not less than 3 years and not more than 7
13    years.
14        (2) (Blank). Except as otherwise provided in
15    paragraphs (3) and (4) of this subsection (d), a first
16    offense of aggravated unlawful use of a weapon committed
17    with a firearm by a person 18 years of age or older where
18    the factors listed in both items (A) and (C) or both items
19    (A-5) and (C) of paragraph (3) of subsection (a) are
20    present is a Class 4 felony, for which the person shall be
21    sentenced to a term of imprisonment of not less than one
22    year and not more than 3 years.
23        (3) Aggravated unlawful use of a weapon by a person who
24    has been previously convicted of a felony in this State or
25    another jurisdiction is a Class 2 felony for which the
26    person shall be sentenced to a term of imprisonment of not

 

 

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1    less than 3 years and not more than 7 years.
2        (4) Aggravated unlawful use of a weapon while wearing
3    or in possession of body armor as defined in Section 33F-1
4    by a person who is prohibited under State or federal law
5    from possessing a firearm has not been issued a valid
6    Firearms Owner's Identification Card in accordance with
7    Section 5 of the Firearm Owners Identification Card Act is
8    a Class X felony.
9    (e) The possession of each firearm in violation of this
10Section constitutes a single and separate violation.
11(Source: P.A. 98-63, eff. 7-9-13.)
 
12    (720 ILCS 5/24-1.8)
13    Sec. 24-1.8. Unlawful possession of a firearm by a street
14gang member.
15    (a) A person commits unlawful possession of a firearm by a
16street gang member when he or she knowingly:
17        (1) possesses, carries, or conceals on or about his or
18    her person a firearm and firearm ammunition while on any
19    street, road, alley, gangway, sidewalk, or any other lands,
20    except when inside his or her own abode or inside his or
21    her fixed place of business, and has not been issued a
22    currently valid Firearm Owner's Identification Card and is
23    a member of a street gang; or
24        (2) possesses or carries in any vehicle a firearm and
25    firearm ammunition which are both immediately accessible

 

 

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1    at the time of the offense while on any street, road,
2    alley, or any other lands, except when inside his or her
3    own abode or garage, and has not been issued a currently
4    valid Firearm Owner's Identification Card and is a member
5    of a street gang.
6    (b) Unlawful possession of a firearm by a street gang
7member is a Class 2 felony for which the person, if sentenced
8to a term of imprisonment, shall be sentenced to no less than 3
9years and no more than 10 years. A period of probation, a term
10of periodic imprisonment or conditional discharge shall not be
11imposed for the offense of unlawful possession of a firearm by
12a street gang member when the firearm was loaded or contained
13firearm ammunition and the court shall sentence the offender to
14not less than the minimum term of imprisonment authorized for
15the Class 2 felony.
16    (c) For purposes of this Section:
17        "Street gang" or "gang" has the meaning ascribed to it
18    in Section 10 of the Illinois Streetgang Terrorism Omnibus
19    Prevention Act.
20        "Street gang member" or "gang member" has the meaning
21    ascribed to it in Section 10 of the Illinois Streetgang
22    Terrorism Omnibus Prevention Act.
23(Source: P.A. 96-829, eff. 12-3-09.)
 
24    (720 ILCS 5/24-2)
25    Sec. 24-2. Exemptions.

 

 

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1    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
3the following:
4        (1) Peace officers, and any person summoned by a peace
5    officer to assist in making arrests or preserving the
6    peace, while actually engaged in assisting such officer.
7        (2) Wardens, superintendents and keepers of prisons,
8    penitentiaries, jails and other institutions for the
9    detention of persons accused or convicted of an offense,
10    while in the performance of their official duty, or while
11    commuting between their homes and places of employment.
12        (3) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard or the
14    Reserve Officers Training Corps, while in the performance
15    of their official duty.
16        (4) Special agents employed by a railroad or a public
17    utility to perform police functions, and guards of armored
18    car companies, while actually engaged in the performance of
19    the duties of their employment or commuting between their
20    homes and places of employment; and watchmen while actually
21    engaged in the performance of the duties of their
22    employment.
23        (5) Persons licensed as private security contractors,
24    private detectives, or private alarm contractors, or
25    employed by a private security contractor, private
26    detective, or private alarm contractor agency licensed by

 

 

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1    the Department of Financial and Professional Regulation,
2    if their duties include the carrying of a weapon under the
3    provisions of the Private Detective, Private Alarm,
4    Private Security, Fingerprint Vendor, and Locksmith Act of
5    2004, while actually engaged in the performance of the
6    duties of their employment or commuting between their homes
7    and places of employment. A person shall be considered
8    eligible for this exemption if he or she has completed the
9    required 20 hours of training for a private security
10    contractor, private detective, or private alarm
11    contractor, or employee of a licensed private security
12    contractor, private detective, or private alarm contractor
13    agency and 20 hours of required firearm training, and has
14    been issued a firearm control card by the Department of
15    Financial and Professional Regulation. Conditions for the
16    renewal of firearm control cards issued under the
17    provisions of this Section shall be the same as for those
18    cards issued under the provisions of the Private Detective,
19    Private Alarm, Private Security, Fingerprint Vendor, and
20    Locksmith Act of 2004. The firearm control card shall be
21    carried by the private security contractor, private
22    detective, or private alarm contractor, or employee of the
23    licensed private security contractor, private detective,
24    or private alarm contractor agency at all times when he or
25    she is in possession of a concealable weapon permitted by
26    his or her firearm control card.

 

 

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1        (6) Any person regularly employed in a commercial or
2    industrial operation as a security guard for the protection
3    of persons employed and private property related to such
4    commercial or industrial operation, while actually engaged
5    in the performance of his or her duty or traveling between
6    sites or properties belonging to the employer, and who, as
7    a security guard, is a member of a security force
8    registered with the Department of Financial and
9    Professional Regulation; provided that such security guard
10    has successfully completed a course of study, approved by
11    and supervised by the Department of Financial and
12    Professional Regulation, consisting of not less than 40
13    hours of training that includes the theory of law
14    enforcement, liability for acts, and the handling of
15    weapons. A person shall be considered eligible for this
16    exemption if he or she has completed the required 20 hours
17    of training for a security officer and 20 hours of required
18    firearm training, and has been issued a firearm control
19    card by the Department of Financial and Professional
20    Regulation. Conditions for the renewal of firearm control
21    cards issued under the provisions of this Section shall be
22    the same as for those cards issued under the provisions of
23    the Private Detective, Private Alarm, Private Security,
24    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
25    control card shall be carried by the security guard at all
26    times when he or she is in possession of a concealable

 

 

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1    weapon permitted by his or her firearm control card.
2        (7) Agents and investigators of the Illinois
3    Legislative Investigating Commission authorized by the
4    Commission to carry the weapons specified in subsections
5    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
6    any investigation for the Commission.
7        (8) Persons employed by a financial institution as a
8    security guard for the protection of other employees and
9    property related to such financial institution, while
10    actually engaged in the performance of their duties,
11    commuting between their homes and places of employment, or
12    traveling between sites or properties owned or operated by
13    such financial institution, and who, as a security guard,
14    is a member of a security force registered with the
15    Department; provided that any person so employed has
16    successfully completed a course of study, approved by and
17    supervised by the Department of Financial and Professional
18    Regulation, consisting of not less than 40 hours of
19    training which includes theory of law enforcement,
20    liability for acts, and the handling of weapons. A person
21    shall be considered to be eligible for this exemption if he
22    or she has completed the required 20 hours of training for
23    a security officer and 20 hours of required firearm
24    training, and has been issued a firearm control card by the
25    Department of Financial and Professional Regulation.
26    Conditions for renewal of firearm control cards issued

 

 

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1    under the provisions of this Section shall be the same as
2    for those issued under the provisions of the Private
3    Detective, Private Alarm, Private Security, Fingerprint
4    Vendor, and Locksmith Act of 2004. The firearm control card
5    shall be carried by the security guard at all times when he
6    or she is in possession of a concealable weapon permitted
7    by his or her firearm control card. For purposes of this
8    subsection, "financial institution" means a bank, savings
9    and loan association, credit union or company providing
10    armored car services.
11        (9) Any person employed by an armored car company to
12    drive an armored car, while actually engaged in the
13    performance of his duties.
14        (10) Persons who have been classified as peace officers
15    pursuant to the Peace Officer Fire Investigation Act.
16        (11) Investigators of the Office of the State's
17    Attorneys Appellate Prosecutor authorized by the board of
18    governors of the Office of the State's Attorneys Appellate
19    Prosecutor to carry weapons pursuant to Section 7.06 of the
20    State's Attorneys Appellate Prosecutor's Act.
21        (12) Special investigators appointed by a State's
22    Attorney under Section 3-9005 of the Counties Code.
23        (12.5) Probation officers while in the performance of
24    their duties, or while commuting between their homes,
25    places of employment or specific locations that are part of
26    their assigned duties, with the consent of the chief judge

 

 

HB5650- 133 -LRB099 18253 SLF 42623 b

1    of the circuit for which they are employed, if they have
2    received weapons training according to requirements of the
3    Peace Officer and Probation Officer Firearm Training Act.
4        (13) Court Security Officers while in the performance
5    of their official duties, or while commuting between their
6    homes and places of employment, with the consent of the
7    Sheriff.
8        (13.5) A person employed as an armed security guard at
9    a nuclear energy, storage, weapons or development site or
10    facility regulated by the Nuclear Regulatory Commission
11    who has completed the background screening and training
12    mandated by the rules and regulations of the Nuclear
13    Regulatory Commission.
14        (14) Manufacture, transportation, or sale of weapons
15    to persons authorized under subdivisions (1) through
16    (13.5) of this subsection to possess those weapons.
17    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
18to or affect any person carrying a concealed pistol, revolver,
19or handgun and the person has been issued a currently valid
20license under the Firearm Concealed Carry Act at the time of
21the commission of the offense.
22    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any of the following:
24        (1) Members of any club or organization organized for
25    the purpose of practicing shooting at targets upon
26    established target ranges, whether public or private, and

 

 

HB5650- 134 -LRB099 18253 SLF 42623 b

1    patrons of such ranges, while such members or patrons are
2    using their firearms on those target ranges.
3        (2) Duly authorized military or civil organizations
4    while parading, with the special permission of the
5    Governor.
6        (3) Hunters, trappers or fishermen with a license or
7    permit while engaged in hunting, trapping or fishing.
8        (4) Transportation of weapons that are broken down in a
9    non-functioning state or are not immediately accessible.
10        (5) Carrying or possessing any pistol, revolver, stun
11    gun or taser or other firearm on the land or in the legal
12    dwelling of another person as an invitee with that person's
13    permission.
14    (c) Subsection 24-1(a)(7) does not apply to or affect any
15of the following:
16        (1) Peace officers while in performance of their
17    official duties.
18        (2) Wardens, superintendents and keepers of prisons,
19    penitentiaries, jails and other institutions for the
20    detention of persons accused or convicted of an offense.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard, while in
23    the performance of their official duty.
24        (4) Manufacture, transportation, or sale of machine
25    guns to persons authorized under subdivisions (1) through
26    (3) of this subsection to possess machine guns, if the

 

 

HB5650- 135 -LRB099 18253 SLF 42623 b

1    machine guns are broken down in a non-functioning state or
2    are not immediately accessible.
3        (5) Persons licensed under federal law to manufacture
4    any weapon from which 8 or more shots or bullets can be
5    discharged by a single function of the firing device, or
6    ammunition for such weapons, and actually engaged in the
7    business of manufacturing such weapons or ammunition, but
8    only with respect to activities which are within the lawful
9    scope of such business, such as the manufacture,
10    transportation, or testing of such weapons or ammunition.
11    This exemption does not authorize the general private
12    possession of any weapon from which 8 or more shots or
13    bullets can be discharged by a single function of the
14    firing device, but only such possession and activities as
15    are within the lawful scope of a licensed manufacturing
16    business described in this paragraph.
17        During transportation, such weapons shall be broken
18    down in a non-functioning state or not immediately
19    accessible.
20        (6) The manufacture, transport, testing, delivery,
21    transfer or sale, and all lawful commercial or experimental
22    activities necessary thereto, of rifles, shotguns, and
23    weapons made from rifles or shotguns, or ammunition for
24    such rifles, shotguns or weapons, where engaged in by a
25    person operating as a contractor or subcontractor pursuant
26    to a contract or subcontract for the development and supply

 

 

HB5650- 136 -LRB099 18253 SLF 42623 b

1    of such rifles, shotguns, weapons or ammunition to the
2    United States government or any branch of the Armed Forces
3    of the United States, when such activities are necessary
4    and incident to fulfilling the terms of such contract.
5        The exemption granted under this subdivision (c)(6)
6    shall also apply to any authorized agent of any such
7    contractor or subcontractor who is operating within the
8    scope of his employment, where such activities involving
9    such weapon, weapons or ammunition are necessary and
10    incident to fulfilling the terms of such contract.
11        (7) A person possessing a rifle with a barrel or
12    barrels less than 16 inches in length if: (A) the person
13    has been issued a Curios and Relics license from the U.S.
14    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
15    the person is an active member of a bona fide, nationally
16    recognized military re-enacting group and the modification
17    is required and necessary to accurately portray the weapon
18    for historical re-enactment purposes; the re-enactor is in
19    possession of a valid and current re-enacting group
20    membership credential; and the overall length of the weapon
21    as modified is not less than 26 inches.
22    (d) Subsection 24-1(a)(1) does not apply to the purchase,
23possession or carrying of a black-jack or slung-shot by a peace
24officer.
25    (e) Subsection 24-1(a)(8) does not apply to any owner,
26manager or authorized employee of any place specified in that

 

 

HB5650- 137 -LRB099 18253 SLF 42623 b

1subsection nor to any law enforcement officer.
2    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
3Section 24-1.6 do not apply to members of any club or
4organization organized for the purpose of practicing shooting
5at targets upon established target ranges, whether public or
6private, while using their firearms on those target ranges.
7    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
8to:
9        (1) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duty.
12        (2) Bonafide collectors of antique or surplus military
13    ordinance.
14        (3) Laboratories having a department of forensic
15    ballistics, or specializing in the development of
16    ammunition or explosive ordinance.
17        (4) Commerce, preparation, assembly or possession of
18    explosive bullets by manufacturers of ammunition licensed
19    by the federal government, in connection with the supply of
20    those organizations and persons exempted by subdivision
21    (g)(1) of this Section, or like organizations and persons
22    outside this State, or the transportation of explosive
23    bullets to any organization or person exempted in this
24    Section by a common carrier or by a vehicle owned or leased
25    by an exempted manufacturer.
26    (g-5) Subsection 24-1(a)(6) does not apply to or affect

 

 

HB5650- 138 -LRB099 18253 SLF 42623 b

1persons licensed under federal law to manufacture any device or
2attachment of any kind designed, used, or intended for use in
3silencing the report of any firearm, firearms, or ammunition
4for those firearms equipped with those devices, and actually
5engaged in the business of manufacturing those devices,
6firearms, or ammunition, but only with respect to activities
7that are within the lawful scope of that business, such as the
8manufacture, transportation, or testing of those devices,
9firearms, or ammunition. This exemption does not authorize the
10general private possession of any device or attachment of any
11kind designed, used, or intended for use in silencing the
12report of any firearm, but only such possession and activities
13as are within the lawful scope of a licensed manufacturing
14business described in this subsection (g-5). During
15transportation, these devices shall be detached from any weapon
16or not immediately accessible.
17    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any parole agent or parole
19supervisor who meets the qualifications and conditions
20prescribed in Section 3-14-1.5 of the Unified Code of
21Corrections.
22    (g-7) Subsection 24-1(a)(6) does not apply to a peace
23officer while serving as a member of a tactical response team
24or special operations team. A peace officer may not personally
25own or apply for ownership of a device or attachment of any
26kind designed, used, or intended for use in silencing the

 

 

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1report of any firearm. These devices shall be owned and
2maintained by lawfully recognized units of government whose
3duties include the investigation of criminal acts.
4    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
6athlete's possession, transport on official Olympic and
7Paralympic transit systems established for athletes, or use of
8competition firearms sanctioned by the International Olympic
9Committee, the International Paralympic Committee, the
10International Shooting Sport Federation, or USA Shooting in
11connection with such athlete's training for and participation
12in shooting competitions at the 2016 Olympic and Paralympic
13Games and sanctioned test events leading up to the 2016 Olympic
14and Paralympic Games.
15    (h) An information or indictment based upon a violation of
16any subsection of this Article need not negative any exemptions
17contained in this Article. The defendant shall have the burden
18of proving such an exemption.
19    (i) Nothing in this Article shall prohibit, apply to, or
20affect the transportation, carrying, or possession, of any
21pistol or revolver, stun gun, taser, or other firearm consigned
22to a common carrier operating under license of the State of
23Illinois or the federal government, where such transportation,
24carrying, or possession is incident to the lawful
25transportation in which such common carrier is engaged; and
26nothing in this Article shall prohibit, apply to, or affect the

 

 

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1transportation, carrying, or possession of any pistol,
2revolver, stun gun, taser, or other firearm, not the subject of
3and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
4this Article, which is unloaded and enclosed in a case, firearm
5carrying box, shipping box, or other container, by a person
6eligible under State and federal law to possess a firearm the
7possessor of a valid Firearm Owners Identification Card.
8(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
9eff. 1-1-15; 99-174, eff. 7-29-15.)
 
10    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
11    Sec. 24-3. Unlawful sale or delivery of firearms.
12    (A) A person commits the offense of unlawful sale or
13delivery of firearms when he or she knowingly does any of the
14following:
15        (a) Sells or gives any firearm of a size which may be
16    concealed upon the person to any person under 18 years of
17    age.
18        (b) Sells or gives any firearm to a person under 21
19    years of age who has been convicted of a misdemeanor other
20    than a traffic offense or adjudged delinquent.
21        (c) Sells or gives any firearm to any narcotic addict.
22        (d) Sells or gives any firearm to any person who has
23    been convicted of a felony under the laws of this or any
24    other jurisdiction.
25        (e) Sells or gives any firearm to any person who has

 

 

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1    been a patient in a mental institution within the past 5
2    years. In this subsection (e):
3            "Mental institution" means any hospital,
4        institution, clinic, evaluation facility, mental
5        health center, or part thereof, which is used primarily
6        for the care or treatment of persons with mental
7        illness.
8            "Patient in a mental institution" means the person
9        was admitted, either voluntarily or involuntarily, to
10        a mental institution for mental health treatment,
11        unless the treatment was voluntary and solely for an
12        alcohol abuse disorder and no other secondary
13        substance abuse disorder or mental illness.
14        (f) Sells or gives any firearms to any person who is a
15    person with an intellectual disability.
16        (g) Delivers any firearm of a size which may be
17    concealed upon the person, incidental to a sale, without
18    withholding delivery of such firearm for at least 72 hours
19    after application for its purchase has been made, or
20    delivers any rifle, shotgun or other long gun, or a stun
21    gun or taser, incidental to a sale, without withholding
22    delivery of such rifle, shotgun or other long gun, or a
23    stun gun or taser for at least 24 hours after application
24    for its purchase has been made. However, this paragraph (g)
25    does not apply to: (1) the sale of a firearm to a law
26    enforcement officer if the seller of the firearm knows that

 

 

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1    the person to whom he or she is selling the firearm is a
2    law enforcement officer or the sale of a firearm to a
3    person who desires to purchase a firearm for use in
4    promoting the public interest incident to his or her
5    employment as a bank guard, armed truck guard, or other
6    similar employment; (2) a mail order sale of a firearm from
7    a federally licensed firearms dealer to a nonresident of
8    Illinois under which the firearm is mailed to a federally
9    licensed firearms dealer outside the boundaries of
10    Illinois; (3) the sale of a firearm to a nonresident of
11    Illinois while at a firearm showing or display recognized
12    by the Illinois Department of State Police; (4) the sale of
13    a firearm to a dealer licensed as a federal firearms dealer
14    under Section 923 of the federal Gun Control Act of 1968
15    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
16    shotgun, or other long gun to a resident registered
17    competitor or attendee or non-resident registered
18    competitor or attendee by any dealer licensed as a federal
19    firearms dealer under Section 923 of the federal Gun
20    Control Act of 1968 at competitive shooting events held at
21    the World Shooting Complex sanctioned by a national
22    governing body. For purposes of transfers or sales under
23    subparagraph (5) of this paragraph (g), the Department of
24    Natural Resources shall give notice to the Department of
25    State Police at least 30 calendar days prior to any
26    competitive shooting events at the World Shooting Complex

 

 

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1    sanctioned by a national governing body. The notification
2    shall be made on a form prescribed by the Department of
3    State Police. The sanctioning body shall provide a list of
4    all registered competitors and attendees at least 24 hours
5    before the events to the Department of State Police. Any
6    changes to the list of registered competitors and attendees
7    shall be forwarded to the Department of State Police as
8    soon as practicable. The Department of State Police must
9    destroy the list of registered competitors and attendees no
10    later than 30 days after the date of the event. Nothing in
11    this paragraph (g) relieves a federally licensed firearm
12    dealer from the requirements of conducting a NICS
13    background check through the Illinois Point of Contact
14    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
15    "application" means when the buyer and seller reach an
16    agreement to purchase a firearm. For purposes of this
17    paragraph (g), "national governing body" means a group of
18    persons who adopt rules and formulate policy on behalf of a
19    national firearm sporting organization.
20        (h) While holding any license as a dealer, importer,
21    manufacturer or pawnbroker under the federal Gun Control
22    Act of 1968, manufactures, sells or delivers to any
23    unlicensed person a handgun having a barrel, slide, frame
24    or receiver which is a die casting of zinc alloy or any
25    other nonhomogeneous metal which will melt or deform at a
26    temperature of less than 800 degrees Fahrenheit. For

 

 

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1    purposes of this paragraph, (1) "firearm" is defined as in
2    the Firearm Owners Identification Card Act; and (2)
3    "handgun" is defined as a firearm designed to be held and
4    fired by the use of a single hand, and includes a
5    combination of parts from which such a firearm can be
6    assembled.
7        (i) Sells or gives a firearm of any size to any person
8    under 18 years of age who is not eligible under State or
9    federal law to possess a firearm does not possess a valid
10    Firearm Owner's Identification Card.
11        (j) Sells or gives a firearm while engaged in the
12    business of selling firearms at wholesale or retail without
13    being licensed as a federal firearms dealer under Section
14    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
15    In this paragraph (j):
16        A person "engaged in the business" means a person who
17    devotes time, attention, and labor to engaging in the
18    activity as a regular course of trade or business with the
19    principal objective of livelihood and profit, but does not
20    include a person who makes occasional repairs of firearms
21    or who occasionally fits special barrels, stocks, or
22    trigger mechanisms to firearms.
23        "With the principal objective of livelihood and
24    profit" means that the intent underlying the sale or
25    disposition of firearms is predominantly one of obtaining
26    livelihood and pecuniary gain, as opposed to other intents,

 

 

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1    such as improving or liquidating a personal firearms
2    collection; however, proof of profit shall not be required
3    as to a person who engages in the regular and repetitive
4    purchase and disposition of firearms for criminal purposes
5    or terrorism.
6        (k) (Blank). Sells or transfers ownership of a firearm
7    to a person who does not display to the seller or
8    transferor of the firearm either: (1) a currently valid
9    Firearm Owner's Identification Card that has previously
10    been issued in the transferee's name by the Department of
11    State Police under the provisions of the Firearm Owners
12    Identification Card Act; or (2) a currently valid license
13    to carry a concealed firearm that has previously been
14    issued in the transferee's name by the Department of State
15    Police under the Firearm Concealed Carry Act. This
16    paragraph (k) does not apply to the transfer of a firearm
17    to a person who is exempt from the requirement of
18    possessing a Firearm Owner's Identification Card under
19    Section 2 of the Firearm Owners Identification Card Act.
20    For the purposes of this Section, a currently valid Firearm
21    Owner's Identification Card means (i) a Firearm Owner's
22    Identification Card that has not expired or (ii) an
23    approval number issued in accordance with subsection
24    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
25    Identification Card Act shall be proof that the Firearm
26    Owner's Identification Card was valid.

 

 

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1            (1) (Blank). In addition to the other requirements
2        of this paragraph (k), all persons who are not
3        federally licensed firearms dealers must also have
4        complied with subsection (a-10) of Section 3 of the
5        Firearm Owners Identification Card Act by determining
6        the validity of a purchaser's Firearm Owner's
7        Identification Card.
8            (2) (Blank). All sellers or transferors who have
9        complied with the requirements of subparagraph (1) of
10        this paragraph (k) shall not be liable for damages in
11        any civil action arising from the use or misuse by the
12        transferee of the firearm transferred, except for
13        willful or wanton misconduct on the part of the seller
14        or transferor.
15        (l) Not being entitled to the possession of a firearm,
16    delivers the firearm, knowing it to have been stolen or
17    converted. It may be inferred that a person who possesses a
18    firearm with knowledge that its serial number has been
19    removed or altered has knowledge that the firearm is stolen
20    or converted.
21    (B) Paragraph (h) of subsection (A) does not include
22firearms sold within 6 months after enactment of Public Act
2378-355 (approved August 21, 1973, effective October 1, 1973),
24nor is any firearm legally owned or possessed by any citizen or
25purchased by any citizen within 6 months after the enactment of
26Public Act 78-355 subject to confiscation or seizure under the

 

 

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1provisions of that Public Act. Nothing in Public Act 78-355
2shall be construed to prohibit the gift or trade of any firearm
3if that firearm was legally held or acquired within 6 months
4after the enactment of that Public Act.
5    (C) Sentence.
6        (1) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (c), (e), (f), (g),
8    or (h) of subsection (A) commits a Class 4 felony.
9        (2) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (b) or (i) of
11    subsection (A) commits a Class 3 felony.
12        (3) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (a) of subsection (A)
14    commits a Class 2 felony.
15        (4) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (a)or , (b), or (i)
17    of subsection (A) in any school, on the real property
18    comprising a school, within 1,000 feet of the real property
19    comprising a school, at a school related activity, or on or
20    within 1,000 feet of any conveyance owned, leased, or
21    contracted by a school or school district to transport
22    students to or from school or a school related activity,
23    regardless of the time of day or time of year at which the
24    offense was committed, commits a Class 1 felony. Any person
25    convicted of a second or subsequent violation of unlawful
26    sale or delivery of firearms in violation of paragraph (a)

 

 

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1    or , (b), or (i) of subsection (A) in any school, on the
2    real property comprising a school, within 1,000 feet of the
3    real property comprising a school, at a school related
4    activity, or on or within 1,000 feet of any conveyance
5    owned, leased, or contracted by a school or school district
6    to transport students to or from school or a school related
7    activity, regardless of the time of day or time of year at
8    which the offense was committed, commits a Class 1 felony
9    for which the sentence shall be a term of imprisonment of
10    no less than 5 years and no more than 15 years.
11        (5) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (a) or (i) of
13    subsection (A) in residential property owned, operated, or
14    managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development, on
20    the real property comprising any public park, on the real
21    property comprising any courthouse, or on any public way
22    within 1,000 feet of the real property comprising any
23    public park, courthouse, or residential property owned,
24    operated, or managed by a public housing agency or leased
25    by a public housing agency as part of a scattered site or
26    mixed-income development commits a Class 2 felony.

 

 

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1        (6) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (j) of subsection (A)
3    commits a Class A misdemeanor. A second or subsequent
4    violation is a Class 4 felony.
5        (7) (Blank). Any person convicted of unlawful sale or
6    delivery of firearms in violation of paragraph (k) of
7    subsection (A) commits a Class 4 felony, except that a
8    violation of subparagraph (1) of paragraph (k) of
9    subsection (A) shall not be punishable as a crime or petty
10    offense. A third or subsequent conviction for a violation
11    of paragraph (k) of subsection (A) is a Class 1 felony.
12        (8) A person 18 years of age or older convicted of
13    unlawful sale or delivery of firearms in violation of
14    paragraph (a) or (i) of subsection (A), when the firearm
15    that was sold or given to another person under 18 years of
16    age was used in the commission of or attempt to commit a
17    forcible felony, shall be fined or imprisoned, or both, not
18    to exceed the maximum provided for the most serious
19    forcible felony so committed or attempted by the person
20    under 18 years of age who was sold or given the firearm.
21        (9) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (d) of subsection (A)
23    commits a Class 3 felony.
24        (10) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (l) of subsection (A)
26    commits a Class 2 felony if the delivery is of one firearm.

 

 

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1    Any person convicted of unlawful sale or delivery of
2    firearms in violation of paragraph (l) of subsection (A)
3    commits a Class 1 felony if the delivery is of not less
4    than 2 and not more than 5 firearms at the same time or
5    within a one year period. Any person convicted of unlawful
6    sale or delivery of firearms in violation of paragraph (l)
7    of subsection (A) commits a Class X felony for which he or
8    she shall be sentenced to a term of imprisonment of not
9    less than 6 years and not more than 30 years if the
10    delivery is of not less than 6 and not more than 10
11    firearms at the same time or within a 2 year period. Any
12    person convicted of unlawful sale or delivery of firearms
13    in violation of paragraph (l) of subsection (A) commits a
14    Class X felony for which he or she shall be sentenced to a
15    term of imprisonment of not less than 6 years and not more
16    than 40 years if the delivery is of not less than 11 and
17    not more than 20 firearms at the same time or within a 3
18    year period. Any person convicted of unlawful sale or
19    delivery of firearms in violation of paragraph (l) of
20    subsection (A) commits a Class X felony for which he or she
21    shall be sentenced to a term of imprisonment of not less
22    than 6 years and not more than 50 years if the delivery is
23    of not less than 21 and not more than 30 firearms at the
24    same time or within a 4 year period. Any person convicted
25    of unlawful sale or delivery of firearms in violation of
26    paragraph (l) of subsection (A) commits a Class X felony

 

 

HB5650- 151 -LRB099 18253 SLF 42623 b

1    for which he or she shall be sentenced to a term of
2    imprisonment of not less than 6 years and not more than 60
3    years if the delivery is of 31 or more firearms at the same
4    time or within a 5 year period.
5    (D) For purposes of this Section:
6    "School" means a public or private elementary or secondary
7school, community college, college, or university.
8    "School related activity" means any sporting, social,
9academic, or other activity for which students' attendance or
10participation is sponsored, organized, or funded in whole or in
11part by a school or school district.
12    (E) A prosecution for a violation of paragraph (k) of
13subsection (A) of this Section may be commenced within 6 years
14after the commission of the offense. A prosecution for a
15violation of this Section other than paragraph (g) of
16subsection (A) of this Section may be commenced within 5 years
17after the commission of the offense defined in the particular
18paragraph.
19(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2099-143, eff. 7-27-15; revised 10-16-15.)
 
21    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
22    Sec. 24-3.1. Unlawful possession of firearms and firearm
23ammunition.
24    (a) A person commits the offense of unlawful possession of
25firearms or firearm ammunition when:

 

 

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1        (1) He is under 18 years of age and has in his
2    possession any firearm of a size which may be concealed
3    upon the person; or
4        (2) He is under 21 years of age, has been convicted of
5    a misdemeanor other than a traffic offense or adjudged
6    delinquent and has any firearms or firearm ammunition in
7    his possession; or
8        (3) He is a narcotic addict and has any firearms or
9    firearm ammunition in his possession; or
10        (4) He has been a patient in a mental institution
11    within the past 5 years and has any firearms or firearm
12    ammunition in his possession. For purposes of this
13    paragraph (4):
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; or
25        (5) He is a person with an intellectual disability and
26    has any firearms or firearm ammunition in his possession;

 

 

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1    or
2        (6) He has in his possession any explosive bullet.
3    For purposes of this paragraph "explosive bullet" means the
4projectile portion of an ammunition cartridge which contains or
5carries an explosive charge which will explode upon contact
6with the flesh of a human or an animal. "Cartridge" means a
7tubular metal case having a projectile affixed at the front
8thereof and a cap or primer at the rear end thereof, with the
9propellant contained in such tube between the projectile and
10the cap.
11    (a-5) A person prohibited from possessing a firearm under
12this Section may petition the Director of State Police for a
13hearing and relief from the prohibition, unless the prohibition
14was based upon a forcible felony, stalking, aggravated
15stalking, domestic battery, any violation of the Illinois
16Controlled Substances Act, the Methamphetamine Control and
17Community Protection Act, or the Cannabis Control Act that is
18classified as a Class 2 or greater felony, any felony violation
19of Article 24 of the Criminal Code of 1961 or the Criminal Code
20of 2012, or any adjudication as a delinquent minor for the
21commission of an offense that if committed by an adult would be
22a felony, in which case the person may petition the circuit
23court in writing in the county of his or her residence for a
24hearing and relief from the prohibition. The Director or court
25may grant the relief if it is established by the petitioner to
26the court's or Director's satisfaction that:

 

 

HB5650- 154 -LRB099 18253 SLF 42623 b

1        (1) when in the circuit court, the State's Attorney has
2    been served with a written copy of the petition at least 30
3    days before any hearing in the circuit court and at the
4    hearing the State's Attorney was afforded an opportunity to
5    present evidence and object to the petition;
6        (2) the petitioner has not been convicted of a forcible
7    felony under the laws of this State or any other
8    jurisdiction within 20 years of the filing of the petition,
9    or at least 20 years have passed since the end of any
10    period of imprisonment imposed in relation to that
11    conviction;
12        (3) the circumstances regarding a criminal conviction,
13    where applicable, the petitioner's criminal history and
14    his reputation are such that the petitioner will not be
15    likely to act in a manner dangerous to public safety;
16        (4) granting relief would not be contrary to the public
17    interest; and
18        (5) granting relief would not be contrary to federal
19    law.
20    (b) Sentence.
21    Unlawful possession of firearms, other than handguns, and
22firearm ammunition is a Class A misdemeanor. Unlawful
23possession of handguns is a Class 4 felony. The possession of
24each firearm or firearm ammunition in violation of this Section
25constitutes a single and separate violation.
26    (c) Nothing in paragraph (1) of subsection (a) of this

 

 

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1Section prohibits a person under 18 years of age from
2participating in any lawful recreational activity with a
3firearm such as, but not limited to, practice shooting at
4targets upon established public or private target ranges or
5hunting, trapping, or fishing in accordance with the Wildlife
6Code or the Fish and Aquatic Life Code.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
9    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
10    (a) A person commits the offense of unlawful discharge of
11firearm projectiles when he or she knowingly or recklessly uses
12an armor piercing bullet, dragon's breath shotgun shell, bolo
13shell, or flechette shell in violation of this Section.
14    For purposes of this Section:
15    "Armor piercing bullet" means any handgun bullet or handgun
16ammunition with projectiles or projectile cores constructed
17entirely (excluding the presence of traces of other substances)
18from tungsten alloys, steel, iron, brass, bronze, beryllium
19copper or depleted uranium, or fully jacketed bullets larger
20than 22 caliber whose jacket has a weight of more than 25% of
21the total weight of the projectile, and excluding those handgun
22projectiles whose cores are composed of soft materials such as
23lead or lead alloys, zinc or zinc alloys, frangible projectiles
24designed primarily for sporting purposes, and any other
25projectiles or projectile cores that the U. S. Secretary of the

 

 

HB5650- 156 -LRB099 18253 SLF 42623 b

1Treasury finds to be primarily intended to be used for sporting
2purposes or industrial purposes or that otherwise does not
3constitute "armor piercing ammunition" as that term is defined
4by federal law.
5    "Dragon's breath shotgun shell" means any shotgun shell
6that contains exothermic pyrophoric mesh metal as the
7projectile and is designed for the purpose of throwing or
8spewing a flame or fireball to simulate a flame-thrower.
9    "Bolo shell" means any shell that can be fired in a firearm
10and expels as projectiles 2 or more metal balls connected by
11solid metal wire.
12    "Flechette shell" means any shell that can be fired in a
13firearm and expels 2 or more pieces of fin-stabilized solid
14metal wire or 2 or more solid dart-type projectiles.
15    (b) A person commits a Class X felony when he or she,
16knowing that a firearm, as defined in Section 1.1 of the
17Firearm Owners Identification Card Act, is loaded with an armor
18piercing bullet, dragon's breath shotgun shell, bolo shell, or
19flechette shell, intentionally or recklessly discharges such
20firearm and such bullet or shell strikes any other person.
21    (c) Any person who possesses, concealed on or about his or
22her person, an armor piercing bullet, dragon's breath shotgun
23shell, bolo shell, or flechette shell and a firearm suitable
24for the discharge thereof is guilty of a Class 2 felony.
25    (d) This Section does not apply to or affect any of the
26following:

 

 

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1        (1) Peace officers;
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense;
5        (3) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard while in
7    the performance of their official duties;
8        (4) Federal officials required to carry firearms,
9    while engaged in the performance of their official duties;
10        (5) United States Marshals, while engaged in the
11    performance of their official duties.
12(Source: P.A. 92-423, eff. 1-1-02.)
 
13    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
14    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
15    (a) It shall be unlawful for any person who holds a license
16to sell at retail any alcoholic liquor issued by the Illinois
17Liquor Control Commission or local liquor control commissioner
18under the Liquor Control Act of 1934 or an agent or employee of
19the licensee to sell or deliver to any other person a firearm
20in or on the real property of the establishment where the
21licensee is licensed to sell alcoholic liquors unless the sale
22or delivery of the firearm is otherwise lawful under this
23Article and under the Firearm Owners Identification Card Act.
24    (b) Sentence. A violation of subsection (a) of this Section
25is a Class 4 felony.

 

 

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1(Source: P.A. 87-591.)
 
2    (720 ILCS 5/24-3.5)
3    Sec. 24-3.5. Unlawful purchase of a firearm.
4    (a) For purposes of this Section, "firearms transaction
5record form" means a form:
6        (1) executed by a transferee of a firearm stating: (i)
7    the transferee's name and address (including county or
8    similar political subdivision); (ii) whether the
9    transferee is a citizen of the United States; (iii) the
10    transferee's State of residence; and (iv) the date and
11    place of birth, height, weight, and race of the transferee;
12    and
13        (2) on which the transferee certifies that he or she is
14    not prohibited by federal law from transporting or shipping
15    a firearm in interstate or foreign commerce or receiving a
16    firearm that has been shipped or transported in interstate
17    or foreign commerce or possessing a firearm in or affecting
18    commerce.
19    (b) A person commits the offense of unlawful purchase of a
20firearm who knowingly purchases or attempts to purchase a
21firearm with the intent to deliver that firearm to another
22person who is prohibited by federal or State law from
23possessing a firearm.
24    (c) A person commits the offense of unlawful purchase of a
25firearm when he or she, in purchasing or attempting to purchase

 

 

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1a firearm, intentionally provides false or misleading
2information on a United States Department of the Treasury,
3Bureau of Alcohol, Tobacco and Firearms firearms transaction
4record form.
5    (d) Exemption. It is not a violation of subsection (b) of
6this Section for a person to make a gift or loan of a firearm to
7a person who is not prohibited by federal or State law from
8possessing a firearm if the transfer of the firearm is made in
9accordance with Section 3 of the Firearm Owners Identification
10Card Act.
11    (e) Sentence.
12        (1) A person who commits the offense of unlawful
13    purchase of a firearm:
14            (A) is guilty of a Class 2 felony for purchasing or
15        attempting to purchase one firearm;
16            (B) is guilty of a Class 1 felony for purchasing or
17        attempting to purchase not less than 2 firearms and not
18        more than 5 firearms at the same time or within a one
19        year period;
20            (C) is guilty of a Class X felony for which the
21        offender shall be sentenced to a term of imprisonment
22        of not less than 9 years and not more than 40 years for
23        purchasing or attempting to purchase not less than 6
24        firearms at the same time or within a 2 year period.
25        (2) In addition to any other penalty that may be
26    imposed for a violation of this Section, the court may

 

 

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1    sentence a person convicted of a violation of subsection
2    (c) of this Section to a fine not to exceed $250,000 for
3    each violation.
4    (f) A prosecution for unlawful purchase of a firearm may be
5commenced within 6 years after the commission of the offense.
6(Source: P.A. 95-882, eff. 1-1-09.)
 
7    (720 ILCS 5/24-4.1)
8    Sec. 24-4.1. Report of lost or stolen firearms.
9    (a) If a person who possesses a valid Firearm Owner's
10Identification Card and who possesses or acquires a firearm
11thereafter loses the firearm, or if the firearm is stolen from
12the person, the person must report the loss or theft to the
13local law enforcement agency within 72 hours after obtaining
14knowledge of the loss or theft.
15    (b) A law enforcement agency having jurisdiction shall take
16a written report and shall, as soon as practical, enter the
17firearm's serial number as stolen into the Law Enforcement
18Agencies Data System (LEADS).
19    (c) A person shall not be in violation of this Section if:
20        (1) the failure to report is due to an act of God, act
21    of war, or inability of a law enforcement agency to receive
22    the report;
23        (2) the person is hospitalized, in a coma, or is
24    otherwise seriously physically or mentally impaired as to
25    prevent the person from reporting; or

 

 

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1        (3) the person's designee makes a report if the person
2    is unable to make the report.
3    (d) Sentence. A person who violates this Section is guilty
4of a petty offense for a first violation. A second or
5subsequent violation of this Section is a Class A misdemeanor.
6(Source: P.A. 98-508, eff. 8-19-13.)
 
7    (720 ILCS 5/24-4.5 new)
8    Sec. 24-4.5. Dial up system.
9    (a) The Department of State Police shall provide a dial up
10telephone system or utilize other existing technology which
11shall be used by any federally licensed firearm dealer, gun
12show promoter, or gun show vendor who is to transfer a firearm,
13stun gun, or taser under the provisions of this Code. The
14Department of State Police may utilize existing technology
15which allows the caller to be charged a fee not to exceed $2.
16Fees collected by the Department of State Police shall be
17deposited in the State Police Services Fund and used to provide
18the service.
19    (b) Upon receiving a request from a federally licensed
20firearm dealer, gun show promoter, or gun show vendor, the
21Department of State Police shall immediately approve, or within
22the time period established by Section 24-3 of this Code
23regarding the delivery of firearms, stun guns, and tasers
24notify the inquiring dealer, gun show promoter, or gun show
25vendor of any objection that would disqualify the transferee

 

 

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1from acquiring or possessing a firearm, stun gun, or taser. In
2conducting the inquiry, the Department of State Police shall
3initiate and complete an automated search of its criminal
4history record information files and those of the Federal
5Bureau of Investigation, including the National Instant
6Criminal Background Check System, and of the files of the
7Department of Human Services relating to mental health and
8developmental disabilities to obtain any felony conviction or
9patient hospitalization information which would disqualify a
10person from obtaining a firearm.
11    (c) If receipt of a firearm would not violate Section 24-3
12of this Code or federal law, the Department of State Police
13shall:
14        (1) assign a unique identification number to the
15    transfer; and
16        (2) provide the licensee, gun show promoter, or gun
17    show vendor with the number.
18    (d) Approvals issued by the Department of State Police for
19the purchase of a firearm are valid for 30 days from the date
20of issue.
21    (e)(1) The Department of State Police must act as the
22Illinois Point of Contact for the National Instant Criminal
23Background Check System.
24    (2) The Department of State Police and the Department of
25Human Services shall, in accordance with State and federal law
26regarding confidentiality, enter into a memorandum of

 

 

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1understanding with the Federal Bureau of Investigation for the
2purpose of implementing the National Instant Criminal
3Background Check System in the State. The Department of State
4Police shall report the name, date of birth, and physical
5description of any person prohibited from possessing a firearm
6under this Code or 18 U.S.C. 922(g) and (n) to the National
7Instant Criminal Background Check System Index, Denied Persons
8Files.
9    (f) The Department of State Police shall adopt rules not
10inconsistent with this Section to implement this system.
 
11    (720 ILCS 5/24-9)
12    Sec. 24-9. Firearms; Child Protection.
13    (a) Except as provided in subsection (c), it is unlawful
14for any person to store or leave, within premises under his or
15her control, a firearm if the person knows or has reason to
16believe that a minor under the age of 14 years who does not
17have a Firearm Owners Identification Card is likely to gain
18access to the firearm without the lawful permission of the
19person possessing the firearm, minor's parent, guardian, or
20person having charge of the minor, and the minor causes death
21or great bodily harm with the firearm, unless the firearm is:
22        (1) secured by a device or mechanism, other than the
23    firearm safety, designed to render a firearm temporarily
24    inoperable; or
25        (2) placed in a securely locked box or container; or

 

 

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1        (3) placed in some other location that a reasonable
2    person would believe to be secure from a minor under the
3    age of 14 years.
4    (b) Sentence. A person who violates this Section is guilty
5of a Class C misdemeanor and shall be fined not less than
6$1,000. A second or subsequent violation of this Section is a
7Class A misdemeanor.
8    (c) Subsection (a) does not apply:
9        (1) if the minor under 14 years of age gains access to
10    a firearm and uses it in a lawful act of self-defense or
11    defense of another; or
12        (2) to any firearm obtained by a minor under the age of
13    14 because of an unlawful entry of the premises by the
14    minor or another person.
15    (d) (Blank). For the purposes of this Section, "firearm"
16has the meaning ascribed to it in Section 1.1 of the Firearm
17Owners Identification Card Act.
18(Source: P.A. 91-18, eff. 1-1-00.)
 
19    Section 85. The Methamphetamine Control and Community
20Protection Act is amended by changing Section 10 as follows:
 
21    (720 ILCS 646/10)
22    Sec. 10. Definitions. As used in this Act:
23    "Anhydrous ammonia" has the meaning provided in subsection
24(d) of Section 3 of the Illinois Fertilizer Act of 1961.

 

 

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1    "Anhydrous ammonia equipment" means all items used to
2store, hold, contain, handle, transfer, transport, or apply
3anhydrous ammonia for lawful purposes.
4    "Booby trap" means any device designed to cause physical
5injury when triggered by an act of a person approaching,
6entering, or moving through a structure, a vehicle, or any
7location where methamphetamine has been manufactured, is being
8manufactured, or is intended to be manufactured.
9    "Deliver" or "delivery" has the meaning provided in
10subsection (h) of Section 102 of the Illinois Controlled
11Substances Act.
12    "Director" means the Director of State Police or the
13Director's designated agents.
14    "Dispose" or "disposal" means to abandon, discharge,
15release, deposit, inject, dump, spill, leak, or place
16methamphetamine waste onto or into any land, water, or well of
17any type so that the waste has the potential to enter the
18environment, be emitted into the air, or be discharged into the
19soil or any waters, including groundwater.
20    "Emergency response" means the act of collecting evidence
21from or securing a methamphetamine laboratory site,
22methamphetamine waste site or other methamphetamine-related
23site and cleaning up the site, whether these actions are
24performed by public entities or private contractors paid by
25public entities.
26    "Emergency service provider" means a local, State, or

 

 

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1federal peace officer, firefighter, emergency medical
2technician-ambulance, emergency medical
3technician-intermediate, emergency medical
4technician-paramedic, ambulance driver, or other medical or
5first aid personnel rendering aid, or any agent or designee of
6the foregoing.
7    "Finished methamphetamine" means methamphetamine in a form
8commonly used for personal consumption.
9    "Firearm" has the meaning provided in Section 2-7.5 of the
10Criminal Code of 2012 1.1 of the Firearm Owners Identification
11Card Act.
12    "Manufacture" means to produce, prepare, compound,
13convert, process, synthesize, concentrate, purify, separate,
14extract, or package any methamphetamine, methamphetamine
15precursor, methamphetamine manufacturing catalyst,
16methamphetamine manufacturing reagent, methamphetamine
17manufacturing solvent, or any substance containing any of the
18foregoing.
19    "Methamphetamine" means the chemical methamphetamine (a
20Schedule II controlled substance under the Illinois Controlled
21Substances Act) or any salt, optical isomer, salt of optical
22isomer, or analog thereof, with the exception of
233,4-Methylenedioxymethamphetamine (MDMA) or any other
24scheduled substance with a separate listing under the Illinois
25Controlled Substances Act.
26    "Methamphetamine manufacturing catalyst" means any

 

 

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1substance that has been used, is being used, or is intended to
2be used to activate, accelerate, extend, or improve a chemical
3reaction involved in the manufacture of methamphetamine.
4    "Methamphetamine manufacturing environment" means a
5structure or vehicle in which:
6        (1) methamphetamine is being or has been manufactured;
7        (2) chemicals that are being used, have been used, or
8    are intended to be used to manufacture methamphetamine are
9    stored;
10        (3) methamphetamine manufacturing materials that have
11    been used to manufacture methamphetamine are stored; or
12        (4) methamphetamine manufacturing waste is stored.
13    "Methamphetamine manufacturing material" means any
14methamphetamine precursor, substance containing any
15methamphetamine precursor, methamphetamine manufacturing
16catalyst, substance containing any methamphetamine
17manufacturing catalyst, methamphetamine manufacturing reagent,
18substance containing any methamphetamine manufacturing
19reagent, methamphetamine manufacturing solvent, substance
20containing any methamphetamine manufacturing solvent, or any
21other chemical, substance, ingredient, equipment, apparatus,
22or item that is being used, has been used, or is intended to be
23used in the manufacture of methamphetamine.
24    "Methamphetamine manufacturing reagent" means any
25substance other than a methamphetamine manufacturing catalyst
26that has been used, is being used, or is intended to be used to

 

 

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1react with and chemically alter any methamphetamine precursor.
2    "Methamphetamine manufacturing solvent" means any
3substance that has been used, is being used, or is intended to
4be used as a medium in which any methamphetamine precursor,
5methamphetamine manufacturing catalyst, methamphetamine
6manufacturing reagent, or any substance containing any of the
7foregoing is dissolved, diluted, or washed during any part of
8the methamphetamine manufacturing process.
9    "Methamphetamine manufacturing waste" means any chemical,
10substance, ingredient, equipment, apparatus, or item that is
11left over from, results from, or is produced by the process of
12manufacturing methamphetamine, other than finished
13methamphetamine.
14    "Methamphetamine precursor" means ephedrine,
15pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
16phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
17isomer, or salt of an optical isomer of any of these chemicals.
18    "Multi-unit dwelling" means a unified structure used or
19intended for use as a habitation, home, or residence that
20contains 2 or more condominiums, apartments, hotel rooms, motel
21rooms, or other living units.
22    "Package" means an item marked for retail sale that is not
23designed to be further broken down or subdivided for the
24purpose of retail sale.
25    "Participate" or "participation" in the manufacture of
26methamphetamine means to produce, prepare, compound, convert,

 

 

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1process, synthesize, concentrate, purify, separate, extract,
2or package any methamphetamine, methamphetamine precursor,
3methamphetamine manufacturing catalyst, methamphetamine
4manufacturing reagent, methamphetamine manufacturing solvent,
5or any substance containing any of the foregoing, or to assist
6in any of these actions, or to attempt to take any of these
7actions, regardless of whether this action or these actions
8result in the production of finished methamphetamine.
9    "Person with a disability" means a person who suffers from
10a permanent physical or mental impairment resulting from
11disease, injury, functional disorder, or congenital condition
12which renders the person incapable of adequately providing for
13his or her own health and personal care.
14    "Procure" means to purchase, steal, gather, or otherwise
15obtain, by legal or illegal means, or to cause another to take
16such action.
17    "Second or subsequent offense" means an offense under this
18Act committed by an offender who previously committed an
19offense under this Act, the Illinois Controlled Substances Act,
20the Cannabis Control Act, or another Act of this State, another
21state, or the United States relating to methamphetamine,
22cannabis, or any other controlled substance.
23    "Standard dosage form", as used in relation to any
24methamphetamine precursor, means that the methamphetamine
25precursor is contained in a pill, tablet, capsule, caplet, gel
26cap, or liquid cap that has been manufactured by a lawful

 

 

HB5650- 170 -LRB099 18253 SLF 42623 b

1entity and contains a standard quantity of methamphetamine
2precursor.
3    "Unauthorized container", as used in relation to anhydrous
4ammonia, means any container that is not designed for the
5specific and sole purpose of holding, storing, transporting, or
6applying anhydrous ammonia. "Unauthorized container" includes,
7but is not limited to, any propane tank, fire extinguisher,
8oxygen cylinder, gasoline can, food or beverage cooler, or
9compressed gas cylinder used in dispensing fountain drinks.
10"Unauthorized container" does not encompass anhydrous ammonia
11manufacturing plants, refrigeration systems where anhydrous
12ammonia is used solely as a refrigerant, anhydrous ammonia
13transportation pipelines, anhydrous ammonia tankers, or
14anhydrous ammonia barges.
15(Source: P.A. 97-434, eff. 1-1-12.)
 
16    Section 90. The Code of Criminal Procedure of 1963 is
17amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and
18112A-14 as follows:
 
19    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
20    Sec. 110-10. Conditions of bail bond.
21    (a) If a person is released prior to conviction, either
22upon payment of bail security or on his or her own
23recognizance, the conditions of the bail bond shall be that he
24or she will:

 

 

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1        (1) Appear to answer the charge in the court having
2    jurisdiction on a day certain and thereafter as ordered by
3    the court until discharged or final order of the court;
4        (2) Submit himself or herself to the orders and process
5    of the court;
6        (3) Not depart this State without leave of the court;
7        (4) Not violate any criminal statute of any
8    jurisdiction;
9        (5) At a time and place designated by the court,
10    surrender all firearms in his or her possession to a law
11    enforcement officer designated by the court to take custody
12    of and impound the firearms and physically surrender his or
13    her Firearm Owner's Identification Card to the clerk of the
14    circuit court when the offense the person has been charged
15    with is a forcible felony, stalking, aggravated stalking,
16    domestic battery, any violation of the Illinois Controlled
17    Substances Act, the Methamphetamine Control and Community
18    Protection Act, or the Cannabis Control Act that is
19    classified as a Class 2 or greater felony, or any felony
20    violation of Article 24 of the Criminal Code of 1961 or the
21    Criminal Code of 2012; the court may, however, forgo the
22    imposition of this condition when the circumstances of the
23    case clearly do not warrant it or when its imposition would
24    be impractical; if the Firearm Owner's Identification Card
25    is confiscated, the clerk of the circuit court shall mail
26    the confiscated card to the Illinois State Police; all

 

 

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1    legally possessed firearms shall be returned to the person
2    upon the charges being dismissed, or if the person is found
3    not guilty, unless the finding of not guilty is by reason
4    of insanity; and
5        (6) At a time and place designated by the court, submit
6    to a psychological evaluation when the person has been
7    charged with a violation of item (4) of subsection (a) of
8    Section 24-1 of the Criminal Code of 1961 or the Criminal
9    Code of 2012 and that violation occurred in a school or in
10    any conveyance owned, leased, or contracted by a school to
11    transport students to or from school or a school-related
12    activity, or on any public way within 1,000 feet of real
13    property comprising any school.
14    Psychological evaluations ordered pursuant to this Section
15shall be completed promptly and made available to the State,
16the defendant, and the court. As a further condition of bail
17under these circumstances, the court shall order the defendant
18to refrain from entering upon the property of the school,
19including any conveyance owned, leased, or contracted by a
20school to transport students to or from school or a
21school-related activity, or on any public way within 1,000 feet
22of real property comprising any school. Upon receipt of the
23psychological evaluation, either the State or the defendant may
24request a change in the conditions of bail, pursuant to Section
25110-6 of this Code. The court may change the conditions of bail
26to include a requirement that the defendant follow the

 

 

HB5650- 173 -LRB099 18253 SLF 42623 b

1recommendations of the psychological evaluation, including
2undergoing psychiatric treatment. The conclusions of the
3psychological evaluation and any statements elicited from the
4defendant during its administration are not admissible as
5evidence of guilt during the course of any trial on the charged
6offense, unless the defendant places his or her mental
7competency in issue.
8    (b) The court may impose other conditions, such as the
9following, if the court finds that such conditions are
10reasonably necessary to assure the defendant's appearance in
11court, protect the public from the defendant, or prevent the
12defendant's unlawful interference with the orderly
13administration of justice:
14        (1) Report to or appear in person before such person or
15    agency as the court may direct;
16        (2) Refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) Refrain from approaching or communicating with
19    particular persons or classes of persons;
20        (4) Refrain from going to certain described
21    geographical areas or premises;
22        (5) Refrain from engaging in certain activities or
23    indulging in intoxicating liquors or in certain drugs;
24        (6) Undergo treatment for drug addiction or
25    alcoholism;
26        (7) Undergo medical or psychiatric treatment;

 

 

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1        (8) Work or pursue a course of study or vocational
2    training;
3        (9) Attend or reside in a facility designated by the
4    court;
5        (10) Support his or her dependents;
6        (11) If a minor resides with his or her parents or in a
7    foster home, attend school, attend a non-residential
8    program for youths, and contribute to his or her own
9    support at home or in a foster home;
10        (12) Observe any curfew ordered by the court;
11        (13) Remain in the custody of such designated person or
12    organization agreeing to supervise his release. Such third
13    party custodian shall be responsible for notifying the
14    court if the defendant fails to observe the conditions of
15    release which the custodian has agreed to monitor, and
16    shall be subject to contempt of court for failure so to
17    notify the court;
18        (14) Be placed under direct supervision of the Pretrial
19    Services Agency, Probation Department or Court Services
20    Department in a pretrial bond home supervision capacity
21    with or without the use of an approved electronic
22    monitoring device subject to Article 8A of Chapter V of the
23    Unified Code of Corrections;
24        (14.1) The court shall impose upon a defendant who is
25    charged with any alcohol, cannabis, methamphetamine, or
26    controlled substance violation and is placed under direct

 

 

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1    supervision of the Pretrial Services Agency, Probation
2    Department or Court Services Department in a pretrial bond
3    home supervision capacity with the use of an approved
4    monitoring device, as a condition of such bail bond, a fee
5    that represents costs incidental to the electronic
6    monitoring for each day of such bail supervision ordered by
7    the court, unless after determining the inability of the
8    defendant to pay the fee, the court assesses a lesser fee
9    or no fee as the case may be. The fee shall be collected by
10    the clerk of the circuit court. The clerk of the circuit
11    court shall pay all monies collected from this fee to the
12    county treasurer for deposit in the substance abuse
13    services fund under Section 5-1086.1 of the Counties Code;
14        (14.2) The court shall impose upon all defendants,
15    including those defendants subject to paragraph (14.1)
16    above, placed under direct supervision of the Pretrial
17    Services Agency, Probation Department or Court Services
18    Department in a pretrial bond home supervision capacity
19    with the use of an approved monitoring device, as a
20    condition of such bail bond, a fee which shall represent
21    costs incidental to such electronic monitoring for each day
22    of such bail supervision ordered by the court, unless after
23    determining the inability of the defendant to pay the fee,
24    the court assesses a lesser fee or no fee as the case may
25    be. The fee shall be collected by the clerk of the circuit
26    court. The clerk of the circuit court shall pay all monies

 

 

HB5650- 176 -LRB099 18253 SLF 42623 b

1    collected from this fee to the county treasurer who shall
2    use the monies collected to defray the costs of
3    corrections. The county treasurer shall deposit the fee
4    collected in the county working cash fund under Section
5    6-27001 or Section 6-29002 of the Counties Code, as the
6    case may be;
7        (14.3) The Chief Judge of the Judicial Circuit may
8    establish reasonable fees to be paid by a person receiving
9    pretrial services while under supervision of a pretrial
10    services agency, probation department, or court services
11    department. Reasonable fees may be charged for pretrial
12    services including, but not limited to, pretrial
13    supervision, diversion programs, electronic monitoring,
14    victim impact services, drug and alcohol testing, DNA
15    testing, GPS electronic monitoring, assessments and
16    evaluations related to domestic violence and other
17    victims, and victim mediation services. The person
18    receiving pretrial services may be ordered to pay all costs
19    incidental to pretrial services in accordance with his or
20    her ability to pay those costs;
21        (14.4) For persons charged with violating Section
22    11-501 of the Illinois Vehicle Code, refrain from operating
23    a motor vehicle not equipped with an ignition interlock
24    device, as defined in Section 1-129.1 of the Illinois
25    Vehicle Code, pursuant to the rules promulgated by the
26    Secretary of State for the installation of ignition

 

 

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1    interlock devices. Under this condition the court may allow
2    a defendant who is not self-employed to operate a vehicle
3    owned by the defendant's employer that is not equipped with
4    an ignition interlock device in the course and scope of the
5    defendant's employment;
6        (15) Comply with the terms and conditions of an order
7    of protection issued by the court under the Illinois
8    Domestic Violence Act of 1986 or an order of protection
9    issued by the court of another state, tribe, or United
10    States territory;
11        (16) Under Section 110-6.5 comply with the conditions
12    of the drug testing program; and
13        (17) Such other reasonable conditions as the court may
14    impose.
15    (c) When a person is charged with an offense under Section
1611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
18Criminal Code of 2012, involving a victim who is a minor under
1918 years of age living in the same household with the defendant
20at the time of the offense, in granting bail or releasing the
21defendant on his own recognizance, the judge shall impose
22conditions to restrict the defendant's access to the victim
23which may include, but are not limited to conditions that he
24will:
25        1. Vacate the Household.
26        2. Make payment of temporary support to his dependents.

 

 

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1        3. Refrain from contact or communication with the child
2    victim, except as ordered by the court.
3    (d) When a person is charged with a criminal offense and
4the victim is a family or household member as defined in
5Article 112A, conditions shall be imposed at the time of the
6defendant's release on bond that restrict the defendant's
7access to the victim. Unless provided otherwise by the court,
8the restrictions shall include requirements that the defendant
9do the following:
10        (1) refrain from contact or communication with the
11    victim for a minimum period of 72 hours following the
12    defendant's release; and
13        (2) refrain from entering or remaining at the victim's
14    residence for a minimum period of 72 hours following the
15    defendant's release.
16    (e) Local law enforcement agencies shall develop
17standardized bond forms for use in cases involving family or
18household members as defined in Article 112A, including
19specific conditions of bond as provided in subsection (d).
20Failure of any law enforcement department to develop or use
21those forms shall in no way limit the applicability and
22enforcement of subsections (d) and (f).
23    (f) If the defendant is admitted to bail after conviction
24the conditions of the bail bond shall be that he will, in
25addition to the conditions set forth in subsections (a) and (b)
26hereof:

 

 

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1        (1) Duly prosecute his appeal;
2        (2) Appear at such time and place as the court may
3    direct;
4        (3) Not depart this State without leave of the court;
5        (4) Comply with such other reasonable conditions as the
6    court may impose; and
7        (5) If the judgment is affirmed or the cause reversed
8    and remanded for a new trial, forthwith surrender to the
9    officer from whose custody he was bailed.
10    (g) Upon a finding of guilty for any felony offense, the
11defendant shall physically surrender, at a time and place
12designated by the court, any and all firearms in his or her
13possession and his or her Firearm Owner's Identification Card
14as a condition of remaining on bond pending sentencing.
15(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
1697-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.
171-25-13.)
 
18    (725 ILCS 5/112A-11.1)
19    Sec. 112A-11.1. Procedure for determining whether certain
20misdemeanor crimes are crimes of domestic violence for purposes
21of federal law.
22    (a) When a defendant has been charged with a violation of
23Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
24Criminal Code of 1961 or the Criminal Code of 2012, the State
25may, at arraignment or no later than 45 days after arraignment,

 

 

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1for the purpose of notification to the Department of State
2Police Firearm Owner's Identification Card Office, serve on the
3defendant and file with the court a notice alleging that
4conviction of the offense would subject the defendant to the
5prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
6between the defendant and the alleged victim and the nature of
7the alleged offense.
8    (b) The notice shall include the name of the person alleged
9to be the victim of the crime and shall specify the nature of
10the alleged relationship as set forth in 18 U.S.C.
11921(a)(33)(A)(ii). It shall also specify the element of the
12charged offense which requires the use or attempted use of
13physical force, or the threatened use of a deadly weapon, as
14set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
15notice that the defendant is entitled to a hearing on the
16allegation contained in the notice and that if the allegation
17is sustained, that determination and conviction shall be
18reported to the Department of State Police Firearm Owner's
19Identification Card Office.
20    (c) After having been notified as provided in subsection
21(b) of this Section, the defendant may stipulate or admit,
22orally on the record or in writing, that conviction of the
23offense would subject the defendant to the prohibitions of 18
24U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
25922(g)(9) shall be deemed established for purposes of Section
26112A-11.2. If the defendant denies the applicability of 18

 

 

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1U.S.C. 922(g)(9) as alleged in the notice served by the State,
2or stands mute with respect to that allegation, then the State
3shall bear the burden to prove beyond a reasonable doubt that
4the offense is one to which the prohibitions of 18 U.S.C.
5922(g)(9) apply. The court may consider reliable hearsay
6evidence submitted by either party provided that it is relevant
7to the determination of the allegation. Facts previously proven
8at trial or elicited at the time of entry of a plea of guilty
9shall be deemed established beyond a reasonable doubt and shall
10not be relitigated. At the conclusion of the hearing, or upon a
11stipulation or admission, as applicable, the court shall make a
12specific written determination with respect to the allegation.
13(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/112A-11.2)
15    Sec. 112A-11.2. Notification to the Department of State
16Police Firearm Owner's Identification Card Office of
17determinations in certain misdemeanor cases. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, under
21Section 112A-11.1, to be subject to the prohibitions of 18
22U.S.C. 922(g)(9), the circuit court clerk shall include
23notification and a copy of the written determination in a
24report of the conviction to the Department of State Police
25Firearm Owner's Identification Card Office to enable the office

 

 

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1to report that determination to the Federal Bureau of
2Investigation and assist the Bureau in identifying persons
3prohibited from purchasing and possessing a firearm pursuant to
4the provisions of 18 U.S.C. 922.
5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member, as defined in
10this Article, an order of protection prohibiting such abuse
11shall issue; provided that petitioner must also satisfy the
12requirements of one of the following Sections, as appropriate:
13Section 112A-17 on emergency orders, Section 112A-18 on interim
14orders, or Section 112A-19 on plenary orders. Petitioner shall
15not be denied an order of protection because petitioner or
16respondent is a minor. The court, when determining whether or
17not to issue an order of protection, shall not require physical
18manifestations of abuse on the person of the victim.
19Modification and extension of prior orders of protection shall
20be in accordance with this Article.
21    (b) Remedies and standards. The remedies to be included in
22an order of protection shall be determined in accordance with
23this Section and one of the following Sections, as appropriate:
24Section 112A-17 on emergency orders, Section 112A-18 on interim
25orders, and Section 112A-19 on plenary orders. The remedies

 

 

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1listed in this subsection shall be in addition to other civil
2or criminal remedies available to petitioner.
3        (1) Prohibition of abuse. Prohibit respondent's
4    harassment, interference with personal liberty,
5    intimidation of a dependent, physical abuse or willful
6    deprivation, as defined in this Article, if such abuse has
7    occurred or otherwise appears likely to occur if not
8    prohibited.
9        (2) Grant of exclusive possession of residence.
10    Prohibit respondent from entering or remaining in any
11    residence, household, or premises of the petitioner,
12    including one owned or leased by respondent, if petitioner
13    has a right to occupancy thereof. The grant of exclusive
14    possession of the residence, household, or premises shall
15    not affect title to real property, nor shall the court be
16    limited by the standard set forth in Section 701 of the
17    Illinois Marriage and Dissolution of Marriage Act.
18            (A) Right to occupancy. A party has a right to
19        occupancy of a residence or household if it is solely
20        or jointly owned or leased by that party, that party's
21        spouse, a person with a legal duty to support that
22        party or a minor child in that party's care, or by any
23        person or entity other than the opposing party that
24        authorizes that party's occupancy (e.g., a domestic
25        violence shelter). Standards set forth in subparagraph
26        (B) shall not preclude equitable relief.

 

 

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1            (B) Presumption of hardships. If petitioner and
2        respondent each has the right to occupancy of a
3        residence or household, the court shall balance (i) the
4        hardships to respondent and any minor child or
5        dependent adult in respondent's care resulting from
6        entry of this remedy with (ii) the hardships to
7        petitioner and any minor child or dependent adult in
8        petitioner's care resulting from continued exposure to
9        the risk of abuse (should petitioner remain at the
10        residence or household) or from loss of possession of
11        the residence or household (should petitioner leave to
12        avoid the risk of abuse). When determining the balance
13        of hardships, the court shall also take into account
14        the accessibility of the residence or household.
15        Hardships need not be balanced if respondent does not
16        have a right to occupancy.
17            The balance of hardships is presumed to favor
18        possession by petitioner unless the presumption is
19        rebutted by a preponderance of the evidence, showing
20        that the hardships to respondent substantially
21        outweigh the hardships to petitioner and any minor
22        child or dependent adult in petitioner's care. The
23        court, on the request of petitioner or on its own
24        motion, may order respondent to provide suitable,
25        accessible, alternate housing for petitioner instead
26        of excluding respondent from a mutual residence or

 

 

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1        household.
2        (3) Stay away order and additional prohibitions. Order
3    respondent to stay away from petitioner or any other person
4    protected by the order of protection, or prohibit
5    respondent from entering or remaining present at
6    petitioner's school, place of employment, or other
7    specified places at times when petitioner is present, or
8    both, if reasonable, given the balance of hardships.
9    Hardships need not be balanced for the court to enter a
10    stay away order or prohibit entry if respondent has no
11    right to enter the premises.
12        If an order of protection grants petitioner exclusive
13    possession of the residence, or prohibits respondent from
14    entering the residence, or orders respondent to stay away
15    from petitioner or other protected persons, then the court
16    may allow respondent access to the residence to remove
17    items of clothing and personal adornment used exclusively
18    by respondent, medications, and other items as the court
19    directs. The right to access shall be exercised on only one
20    occasion as the court directs and in the presence of an
21    agreed-upon adult third party or law enforcement officer.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist, psychiatrist,
25    family service agency, alcohol or substance abuse program,
26    mental health center guidance counselor, agency providing

 

 

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1    services to elders, program designed for domestic violence
2    abusers or any other guidance service the court deems
3    appropriate. The court may order the respondent in any
4    intimate partner relationship to report to an Illinois
5    Department of Human Services protocol approved partner
6    abuse intervention program for an assessment and to follow
7    all recommended treatment.
8        (5) Physical care and possession of the minor child. In
9    order to protect the minor child from abuse, neglect, or
10    unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 112A-3) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding physical care to respondent would not be in the
22    minor child's best interest.
23        (6) Temporary legal custody. Award temporary legal
24    custody to petitioner in accordance with this Section, the
25    Illinois Marriage and Dissolution of Marriage Act, the
26    Illinois Parentage Act of 2015, and this State's Uniform

 

 

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1    Child-Custody Jurisdiction and Enforcement Act.
2        If a court finds, after a hearing, that respondent has
3    committed abuse (as defined in Section 112A-3) of a minor
4    child, there shall be a rebuttable presumption that
5    awarding temporary legal custody to respondent would not be
6    in the child's best interest.
7        (7) Visitation. Determine the visitation rights, if
8    any, of respondent in any case in which the court awards
9    physical care or temporary legal custody of a minor child
10    to petitioner. The court shall restrict or deny
11    respondent's visitation with a minor child if the court
12    finds that respondent has done or is likely to do any of
13    the following: (i) abuse or endanger the minor child during
14    visitation; (ii) use the visitation as an opportunity to
15    abuse or harass petitioner or petitioner's family or
16    household members; (iii) improperly conceal or detain the
17    minor child; or (iv) otherwise act in a manner that is not
18    in the best interests of the minor child. The court shall
19    not be limited by the standards set forth in Section 607.1
20    of the Illinois Marriage and Dissolution of Marriage Act.
21    If the court grants visitation, the order shall specify
22    dates and times for the visitation to take place or other
23    specific parameters or conditions that are appropriate. No
24    order for visitation shall refer merely to the term
25    "reasonable visitation".
26        Petitioner may deny respondent access to the minor

 

 

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1    child if, when respondent arrives for visitation,
2    respondent is under the influence of drugs or alcohol and
3    constitutes a threat to the safety and well-being of
4    petitioner or petitioner's minor children or is behaving in
5    a violent or abusive manner.
6        If necessary to protect any member of petitioner's
7    family or household from future abuse, respondent shall be
8    prohibited from coming to petitioner's residence to meet
9    the minor child for visitation, and the parties shall
10    submit to the court their recommendations for reasonable
11    alternative arrangements for visitation. A person may be
12    approved to supervise visitation only after filing an
13    affidavit accepting that responsibility and acknowledging
14    accountability to the court.
15        (8) Removal or concealment of minor child. Prohibit
16    respondent from removing a minor child from the State or
17    concealing the child within the State.
18        (9) Order to appear. Order the respondent to appear in
19    court, alone or with a minor child, to prevent abuse,
20    neglect, removal or concealment of the child, to return the
21    child to the custody or care of the petitioner or to permit
22    any court-ordered interview or examination of the child or
23    the respondent.
24        (10) Possession of personal property. Grant petitioner
25    exclusive possession of personal property and, if
26    respondent has possession or control, direct respondent to

 

 

HB5650- 189 -LRB099 18253 SLF 42623 b

1    promptly make it available to petitioner, if:
2            (i) petitioner, but not respondent, owns the
3        property; or
4            (ii) the parties own the property jointly; sharing
5        it would risk abuse of petitioner by respondent or is
6        impracticable; and the balance of hardships favors
7        temporary possession by petitioner.
8        If petitioner's sole claim to ownership of the property
9    is that it is marital property, the court may award
10    petitioner temporary possession thereof under the
11    standards of subparagraph (ii) of this paragraph only if a
12    proper proceeding has been filed under the Illinois
13    Marriage and Dissolution of Marriage Act, as now or
14    hereafter amended.
15        No order under this provision shall affect title to
16    property.
17        (11) Protection of property. Forbid the respondent
18    from taking, transferring, encumbering, concealing,
19    damaging or otherwise disposing of any real or personal
20    property, except as explicitly authorized by the court, if:
21            (i) petitioner, but not respondent, owns the
22        property; or
23            (ii) the parties own the property jointly, and the
24        balance of hardships favors granting this remedy.
25        If petitioner's sole claim to ownership of the property
26    is that it is marital property, the court may grant

 

 

HB5650- 190 -LRB099 18253 SLF 42623 b

1    petitioner relief under subparagraph (ii) of this
2    paragraph only if a proper proceeding has been filed under
3    the Illinois Marriage and Dissolution of Marriage Act, as
4    now or hereafter amended.
5        The court may further prohibit respondent from
6    improperly using the financial or other resources of an
7    aged member of the family or household for the profit or
8    advantage of respondent or of any other person.
9        (11.5) Protection of animals. Grant the petitioner the
10    exclusive care, custody, or control of any animal owned,
11    possessed, leased, kept, or held by either the petitioner
12    or the respondent or a minor child residing in the
13    residence or household of either the petitioner or the
14    respondent and order the respondent to stay away from the
15    animal and forbid the respondent from taking,
16    transferring, encumbering, concealing, harming, or
17    otherwise disposing of the animal.
18        (12) Order for payment of support. Order respondent to
19    pay temporary support for the petitioner or any child in
20    the petitioner's care or custody, when the respondent has a
21    legal obligation to support that person, in accordance with
22    the Illinois Marriage and Dissolution of Marriage Act,
23    which shall govern, among other matters, the amount of
24    support, payment through the clerk and withholding of
25    income to secure payment. An order for child support may be
26    granted to a petitioner with lawful physical care or

 

 

HB5650- 191 -LRB099 18253 SLF 42623 b

1    custody of a child, or an order or agreement for physical
2    care or custody, prior to entry of an order for legal
3    custody. Such a support order shall expire upon entry of a
4    valid order granting legal custody to another, unless
5    otherwise provided in the custody order.
6        (13) Order for payment of losses. Order respondent to
7    pay petitioner for losses suffered as a direct result of
8    the abuse. Such losses shall include, but not be limited
9    to, medical expenses, lost earnings or other support,
10    repair or replacement of property damaged or taken,
11    reasonable attorney's fees, court costs and moving or other
12    travel expenses, including additional reasonable expenses
13    for temporary shelter and restaurant meals.
14            (i) Losses affecting family needs. If a party is
15        entitled to seek maintenance, child support or
16        property distribution from the other party under the
17        Illinois Marriage and Dissolution of Marriage Act, as
18        now or hereafter amended, the court may order
19        respondent to reimburse petitioner's actual losses, to
20        the extent that such reimbursement would be
21        "appropriate temporary relief", as authorized by
22        subsection (a)(3) of Section 501 of that Act.
23            (ii) Recovery of expenses. In the case of an
24        improper concealment or removal of a minor child, the
25        court may order respondent to pay the reasonable
26        expenses incurred or to be incurred in the search for

 

 

HB5650- 192 -LRB099 18253 SLF 42623 b

1        and recovery of the minor child, including but not
2        limited to legal fees, court costs, private
3        investigator fees, and travel costs.
4        (14) Prohibition of entry. Prohibit the respondent
5    from entering or remaining in the residence or household
6    while the respondent is under the influence of alcohol or
7    drugs and constitutes a threat to the safety and well-being
8    of the petitioner or the petitioner's children.
9        (14.5) Prohibition of firearm possession.
10            (A) A person who is subject to an existing order of
11        protection, interim order of protection, emergency
12        order of protection, or plenary order of protection,
13        issued under this Code may not lawfully possess
14        firearms, stun guns, or tasers weapons under Section
15        8.2 of the Firearm Owners Identification Card Act.
16            (B) Any firearms in the possession of the
17        respondent, except as provided in subparagraph (C) of
18        this paragraph (14.5), shall be ordered by the court to
19        be turned over to a person who is not prohibited under
20        State or federal law from possessing firearms with a
21        valid Firearm Owner's Identification Card for
22        safekeeping. The court shall issue an order that the
23        respondent's Firearm Owner's Identification Card be
24        turned over to the local law enforcement agency, which
25        in turn shall immediately mail the card to the
26        Department of State Police Firearm Owner's

 

 

HB5650- 193 -LRB099 18253 SLF 42623 b

1        Identification Card Office for safekeeping. The period
2        of safekeeping shall be for the duration of the order
3        of protection. The firearm or firearms and Firearm
4        Owner's Identification Card, if unexpired, shall at
5        the respondent's request be returned to the respondent
6        at expiration of the order of protection.
7            (C) If the respondent is a peace officer as defined
8        in Section 2-13 of the Criminal Code of 2012, the court
9        shall order that any firearms used by the respondent in
10        the performance of his or her duties as a peace officer
11        be surrendered to the chief law enforcement executive
12        of the agency in which the respondent is employed, who
13        shall retain the firearms for safekeeping for the
14        duration of the order of protection.
15            (D) Upon expiration of the period of safekeeping,
16        if the firearms or Firearm Owner's Identification Card
17        cannot be returned to respondent because respondent
18        cannot be located, fails to respond to requests to
19        retrieve the firearms, or is not lawfully eligible to
20        possess a firearm, upon petition from the local law
21        enforcement agency, the court may order the local law
22        enforcement agency to destroy the firearms, use the
23        firearms for training purposes, or for any other
24        application as deemed appropriate by the local law
25        enforcement agency; or that the firearms be turned over
26        to a third party who is lawfully eligible to possess

 

 

HB5650- 194 -LRB099 18253 SLF 42623 b

1        firearms, and who does not reside with respondent.
2        (15) Prohibition of access to records. If an order of
3    protection prohibits respondent from having contact with
4    the minor child, or if petitioner's address is omitted
5    under subsection (b) of Section 112A-5, or if necessary to
6    prevent abuse or wrongful removal or concealment of a minor
7    child, the order shall deny respondent access to, and
8    prohibit respondent from inspecting, obtaining, or
9    attempting to inspect or obtain, school or any other
10    records of the minor child who is in the care of
11    petitioner.
12        (16) Order for payment of shelter services. Order
13    respondent to reimburse a shelter providing temporary
14    housing and counseling services to the petitioner for the
15    cost of the services, as certified by the shelter and
16    deemed reasonable by the court.
17        (17) Order for injunctive relief. Enter injunctive
18    relief necessary or appropriate to prevent further abuse of
19    a family or household member or to effectuate one of the
20    granted remedies, if supported by the balance of hardships.
21    If the harm to be prevented by the injunction is abuse or
22    any other harm that one of the remedies listed in
23    paragraphs (1) through (16) of this subsection is designed
24    to prevent, no further evidence is necessary to establish
25    that the harm is an irreparable injury.
26    (c) Relevant factors; findings.

 

 

HB5650- 195 -LRB099 18253 SLF 42623 b

1        (1) In determining whether to grant a specific remedy,
2    other than payment of support, the court shall consider
3    relevant factors, including but not limited to the
4    following:
5            (i) the nature, frequency, severity, pattern and
6        consequences of the respondent's past abuse of the
7        petitioner or any family or household member,
8        including the concealment of his or her location in
9        order to evade service of process or notice, and the
10        likelihood of danger of future abuse to petitioner or
11        any member of petitioner's or respondent's family or
12        household; and
13            (ii) the danger that any minor child will be abused
14        or neglected or improperly removed from the
15        jurisdiction, improperly concealed within the State or
16        improperly separated from the child's primary
17        caretaker.
18        (2) In comparing relative hardships resulting to the
19    parties from loss of possession of the family home, the
20    court shall consider relevant factors, including but not
21    limited to the following:
22            (i) availability, accessibility, cost, safety,
23        adequacy, location and other characteristics of
24        alternate housing for each party and any minor child or
25        dependent adult in the party's care;
26            (ii) the effect on the party's employment; and

 

 

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1            (iii) the effect on the relationship of the party,
2        and any minor child or dependent adult in the party's
3        care, to family, school, church and community.
4        (3) Subject to the exceptions set forth in paragraph
5    (4) of this subsection, the court shall make its findings
6    in an official record or in writing, and shall at a minimum
7    set forth the following:
8            (i) That the court has considered the applicable
9        relevant factors described in paragraphs (1) and (2) of
10        this subsection.
11            (ii) Whether the conduct or actions of respondent,
12        unless prohibited, will likely cause irreparable harm
13        or continued abuse.
14            (iii) Whether it is necessary to grant the
15        requested relief in order to protect petitioner or
16        other alleged abused persons.
17        (4) For purposes of issuing an ex parte emergency order
18    of protection, the court, as an alternative to or as a
19    supplement to making the findings described in paragraphs
20    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
21    the following procedure:
22        When a verified petition for an emergency order of
23    protection in accordance with the requirements of Sections
24    112A-5 and 112A-17 is presented to the court, the court
25    shall examine petitioner on oath or affirmation. An
26    emergency order of protection shall be issued by the court

 

 

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1    if it appears from the contents of the petition and the
2    examination of petitioner that the averments are
3    sufficient to indicate abuse by respondent and to support
4    the granting of relief under the issuance of the emergency
5    order of protection.
6        (5) Never married parties. No rights or
7    responsibilities for a minor child born outside of marriage
8    attach to a putative father until a father and child
9    relationship has been established under the Illinois
10    Parentage Act of 1984 or under the Illinois Parentage Act
11    of 2015 on and after the effective date of that Act. Absent
12    such an adjudication, no putative father shall be granted
13    temporary custody of the minor child, visitation with the
14    minor child, or physical care and possession of the minor
15    child, nor shall an order of payment for support of the
16    minor child be entered.
17    (d) Balance of hardships; findings. If the court finds that
18the balance of hardships does not support the granting of a
19remedy governed by paragraph (2), (3), (10), (11), or (16) of
20subsection (b) of this Section, which may require such
21balancing, the court's findings shall so indicate and shall
22include a finding as to whether granting the remedy will result
23in hardship to respondent that would substantially outweigh the
24hardship to petitioner from denial of the remedy. The findings
25shall be an official record or in writing.
26    (e) Denial of remedies. Denial of any remedy shall not be

 

 

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1based, 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. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
 
21    Section 95. The Unified Code of Corrections is amended by
22changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
 
23    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
24    Sec. 5-5-3. Disposition.

 

 

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1    (a) (Blank).
2    (b) (Blank).
3    (c) (1) (Blank).
4    (2) A period of probation, a term of periodic imprisonment
5or conditional discharge shall not be imposed for the following
6offenses. The court shall sentence the offender to not less
7than the minimum term of imprisonment set forth in this Code
8for the following offenses, and may order a fine or restitution
9or both in conjunction with such term of imprisonment:
10        (A) First degree murder where the death penalty is not
11    imposed.
12        (B) Attempted first degree murder.
13        (C) A Class X felony.
14        (D) A violation of Section 401.1 or 407 of the Illinois
15    Controlled Substances Act, or a violation of subdivision
16    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
17    to more than 5 grams of a substance containing cocaine,
18    fentanyl, or an analog thereof.
19        (D-5) A violation of subdivision (c)(1) of Section 401
20    of the Illinois Controlled Substances Act which relates to
21    3 or more grams of a substance containing heroin or an
22    analog thereof.
23        (E) A violation of Section 5.1 or 9 of the Cannabis
24    Control Act.
25        (F) A Class 2 or greater felony if the offender had
26    been convicted of a Class 2 or greater felony, including

 

 

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1    any state or federal conviction for an offense that
2    contained, at the time it was committed, the same elements
3    as an offense now (the date of the offense committed after
4    the prior Class 2 or greater felony) classified as a Class
5    2 or greater felony, within 10 years of the date on which
6    the offender committed the offense for which he or she is
7    being sentenced, except as otherwise provided in Section
8    40-10 of the Alcoholism and Other Drug Abuse and Dependency
9    Act.
10        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
11    the Criminal Code of 1961 or the Criminal Code of 2012 for
12    which imprisonment is prescribed in those Sections.
13        (G) Residential burglary, except as otherwise provided
14    in Section 40-10 of the Alcoholism and Other Drug Abuse and
15    Dependency Act.
16        (H) Criminal sexual assault.
17        (I) Aggravated battery of a senior citizen as described
18    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
19    of the Criminal Code of 1961 or the Criminal Code of 2012.
20        (J) A forcible felony if the offense was related to the
21    activities of an organized gang.
22        Before July 1, 1994, for the purposes of this
23    paragraph, "organized gang" means an association of 5 or
24    more persons, with an established hierarchy, that
25    encourages members of the association to perpetrate crimes
26    or provides support to the members of the association who

 

 

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1    do commit crimes.
2        Beginning July 1, 1994, for the purposes of this
3    paragraph, "organized gang" has the meaning ascribed to it
4    in Section 10 of the Illinois Streetgang Terrorism Omnibus
5    Prevention Act.
6        (K) Vehicular hijacking.
7        (L) A second or subsequent conviction for the offense
8    of hate crime when the underlying offense upon which the
9    hate crime is based is felony aggravated assault or felony
10    mob action.
11        (M) A second or subsequent conviction for the offense
12    of institutional vandalism if the damage to the property
13    exceeds $300.
14        (N) (Blank). A Class 3 felony violation of paragraph
15    (1) of subsection (a) of Section 2 of the Firearm Owners
16    Identification Card Act.
17        (O) A violation of Section 12-6.1 or 12-6.5 of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        (P) A violation of paragraph (1), (2), (3), (4), (5),
20    or (7) of subsection (a) of Section 11-20.1 of the Criminal
21    Code of 1961 or the Criminal Code of 2012.
22        (Q) A violation of subsection (b) or (b-5) of Section
23    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
24    Code of 1961 or the Criminal Code of 2012.
25        (R) A violation of Section 24-3A of the Criminal Code
26    of 1961 or the Criminal Code of 2012.

 

 

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1        (S) (Blank).
2        (T) A second or subsequent violation of the
3    Methamphetamine Control and Community Protection Act.
4        (U) A second or subsequent violation of Section 6-303
5    of the Illinois Vehicle Code committed while his or her
6    driver's license, permit, or privilege was revoked because
7    of a violation of Section 9-3 of the Criminal Code of 1961
8    or the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a similar provision of a law of
10    another state.
11        (V) A violation of paragraph (4) of subsection (c) of
12    Section 11-20.1B or paragraph (4) of subsection (c) of
13    Section 11-20.3 of the Criminal Code of 1961, or paragraph
14    (6) of subsection (a) of Section 11-20.1 of the Criminal
15    Code of 2012 when the victim is under 13 years of age and
16    the defendant has previously been convicted under the laws
17    of this State or any other state of the offense of child
18    pornography, aggravated child pornography, aggravated
19    criminal sexual abuse, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, or any of the
21    offenses formerly known as rape, deviate sexual assault,
22    indecent liberties with a child, or aggravated indecent
23    liberties with a child where the victim was under the age
24    of 18 years or an offense that is substantially equivalent
25    to those offenses.
26        (W) A violation of Section 24-3.5 of the Criminal Code

 

 

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1    of 1961 or the Criminal Code of 2012.
2        (X) A violation of subsection (a) of Section 31-1a of
3    the Criminal Code of 1961 or the Criminal Code of 2012.
4        (Y) A conviction for unlawful possession of a firearm
5    by a street gang member when the firearm was loaded or
6    contained firearm ammunition.
7        (Z) A Class 1 felony committed while he or she was
8    serving a term of probation or conditional discharge for a
9    felony.
10        (AA) Theft of property exceeding $500,000 and not
11    exceeding $1,000,000 in value.
12        (BB) Laundering of criminally derived property of a
13    value exceeding $500,000.
14        (CC) Knowingly selling, offering for sale, holding for
15    sale, or using 2,000 or more counterfeit items or
16    counterfeit items having a retail value in the aggregate of
17    $500,000 or more.
18        (DD) A conviction for aggravated assault under
19    paragraph (6) of subsection (c) of Section 12-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 if the
21    firearm is aimed toward the person against whom the firearm
22    is being used.
23    (3) (Blank).
24    (4) A minimum term of imprisonment of not less than 10
25consecutive days or 30 days of community service shall be
26imposed for a violation of paragraph (c) of Section 6-303 of

 

 

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1the Illinois Vehicle Code.
2    (4.1) (Blank).
3    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4this subsection (c), a minimum of 100 hours of community
5service shall be imposed for a second violation of Section
66-303 of the Illinois Vehicle Code.
7    (4.3) A minimum term of imprisonment of 30 days or 300
8hours of community service, as determined by the court, shall
9be imposed for a second violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11    (4.4) Except as provided in paragraphs (4.5), (4.6), and
12(4.9) of this subsection (c), a minimum term of imprisonment of
1330 days or 300 hours of community service, as determined by the
14court, shall be imposed for a third or subsequent violation of
15Section 6-303 of the Illinois Vehicle Code.
16    (4.5) A minimum term of imprisonment of 30 days shall be
17imposed for a third violation of subsection (c) of Section
186-303 of the Illinois Vehicle Code.
19    (4.6) Except as provided in paragraph (4.10) of this
20subsection (c), a minimum term of imprisonment of 180 days
21shall be imposed for a fourth or subsequent violation of
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23    (4.7) A minimum term of imprisonment of not less than 30
24consecutive days, or 300 hours of community service, shall be
25imposed for a violation of subsection (a-5) of Section 6-303 of
26the Illinois Vehicle Code, as provided in subsection (b-5) of

 

 

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1that Section.
2    (4.8) A mandatory prison sentence shall be imposed for a
3second violation of subsection (a-5) of Section 6-303 of the
4Illinois Vehicle Code, as provided in subsection (c-5) of that
5Section. The person's driving privileges shall be revoked for a
6period of not less than 5 years from the date of his or her
7release from prison.
8    (4.9) A mandatory prison sentence of not less than 4 and
9not more than 15 years shall be imposed for a third violation
10of subsection (a-5) of Section 6-303 of the Illinois Vehicle
11Code, as provided in subsection (d-2.5) of that Section. The
12person's driving privileges shall be revoked for the remainder
13of his or her life.
14    (4.10) A mandatory prison sentence for a Class 1 felony
15shall be imposed, and the person shall be eligible for an
16extended term sentence, for a fourth or subsequent violation of
17subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
18as provided in subsection (d-3.5) of that Section. The person's
19driving privileges shall be revoked for the remainder of his or
20her life.
21    (5) The court may sentence a corporation or unincorporated
22association convicted of any offense to:
23        (A) a period of conditional discharge;
24        (B) a fine;
25        (C) make restitution to the victim under Section 5-5-6
26    of this Code.

 

 

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1    (5.1) In addition to any other penalties imposed, and
2except as provided in paragraph (5.2) or (5.3), a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for at least 90 days but not
6more than one year, if the violation resulted in damage to the
7property of another person.
8    (5.2) In addition to any other penalties imposed, and
9except as provided in paragraph (5.3), a person convicted of
10violating subsection (c) of Section 11-907 of the Illinois
11Vehicle Code shall have his or her driver's license, permit, or
12privileges suspended for at least 180 days but not more than 2
13years, if the violation resulted in injury to another person.
14    (5.3) In addition to any other penalties imposed, a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for 2 years, if the violation
18resulted in the death of another person.
19    (5.4) In addition to any other penalties imposed, a person
20convicted of violating Section 3-707 of the Illinois Vehicle
21Code shall have his or her driver's license, permit, or
22privileges suspended for 3 months and until he or she has paid
23a reinstatement fee of $100.
24    (5.5) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code during a period in which his or her driver's license,

 

 

HB5650- 207 -LRB099 18253 SLF 42623 b

1permit, or privileges were suspended for a previous violation
2of that Section shall have his or her driver's license, permit,
3or privileges suspended for an additional 6 months after the
4expiration of the original 3-month suspension and until he or
5she has paid a reinstatement fee of $100.
6    (6) (Blank).
7    (7) (Blank).
8    (8) (Blank).
9    (9) A defendant convicted of a second or subsequent offense
10of ritualized abuse of a child may be sentenced to a term of
11natural life imprisonment.
12    (10) (Blank).
13    (11) The court shall impose a minimum fine of $1,000 for a
14first offense and $2,000 for a second or subsequent offense
15upon a person convicted of or placed on supervision for battery
16when the individual harmed was a sports official or coach at
17any level of competition and the act causing harm to the sports
18official or coach occurred within an athletic facility or
19within the immediate vicinity of the athletic facility at which
20the sports official or coach was an active participant of the
21athletic contest held at the athletic facility. For the
22purposes of this paragraph (11), "sports official" means a
23person at an athletic contest who enforces the rules of the
24contest, such as an umpire or referee; "athletic facility"
25means an indoor or outdoor playing field or recreational area
26where sports activities are conducted; and "coach" means a

 

 

HB5650- 208 -LRB099 18253 SLF 42623 b

1person recognized as a coach by the sanctioning authority that
2conducted the sporting event.
3    (12) A person may not receive a disposition of court
4supervision for a violation of Section 5-16 of the Boat
5Registration and Safety Act if that person has previously
6received a disposition of court supervision for a violation of
7that Section.
8    (13) A person convicted of or placed on court supervision
9for an assault or aggravated assault when the victim and the
10offender are family or household members as defined in Section
11103 of the Illinois Domestic Violence Act of 1986 or convicted
12of domestic battery or aggravated domestic battery may be
13required to attend a Partner Abuse Intervention Program under
14protocols set forth by the Illinois Department of Human
15Services under such terms and conditions imposed by the court.
16The costs of such classes shall be paid by the offender.
17    (d) In any case in which a sentence originally imposed is
18vacated, the case shall be remanded to the trial court. The
19trial court shall hold a hearing under Section 5-4-1 of the
20Unified Code of Corrections which may include evidence of the
21defendant's life, moral character and occupation during the
22time since the original sentence was passed. The trial court
23shall then impose sentence upon the defendant. The trial court
24may impose any sentence which could have been imposed at the
25original trial subject to Section 5-5-4 of the Unified Code of
26Corrections. If a sentence is vacated on appeal or on

 

 

HB5650- 209 -LRB099 18253 SLF 42623 b

1collateral attack due to the failure of the trier of fact at
2trial to determine beyond a reasonable doubt the existence of a
3fact (other than a prior conviction) necessary to increase the
4punishment for the offense beyond the statutory maximum
5otherwise applicable, either the defendant may be re-sentenced
6to a term within the range otherwise provided or, if the State
7files notice of its intention to again seek the extended
8sentence, the defendant shall be afforded a new trial.
9    (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 results in conviction
12of a defendant who was a family member of the victim at the
13time of the commission of the offense, the court shall consider
14the safety and welfare of the victim and may impose a sentence
15of probation only where:
16        (1) the court finds (A) or (B) or both are appropriate:
17            (A) the defendant is willing to undergo a court
18        approved counseling program for a minimum duration of 2
19        years; or
20            (B) the defendant is willing to participate in a
21        court approved plan including but not limited to the
22        defendant's:
23                (i) removal from the household;
24                (ii) restricted contact with the victim;
25                (iii) continued financial support of the
26            family;

 

 

HB5650- 210 -LRB099 18253 SLF 42623 b

1                (iv) restitution for harm done to the victim;
2            and
3                (v) compliance with any other measures that
4            the court may deem appropriate; and
5        (2) the court orders the defendant to pay for the
6    victim's counseling services, to the extent that the court
7    finds, after considering the defendant's income and
8    assets, that the defendant is financially capable of paying
9    for such services, if the victim was under 18 years of age
10    at the time the offense was committed and requires
11    counseling as a result of the offense.
12    Probation may be revoked or modified pursuant to Section
135-6-4; except where the court determines at the hearing that
14the defendant violated a condition of his or her probation
15restricting contact with the victim or other family members or
16commits another offense with the victim or other family
17members, the court shall revoke the defendant's probation and
18impose a term of imprisonment.
19    For the purposes of this Section, "family member" and
20"victim" shall have the meanings ascribed to them in Section
2111-0.1 of the Criminal Code of 2012.
22    (f) (Blank).
23    (g) Whenever a defendant is convicted of an offense under
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2511-14.3, 11-14.4 except for an offense that involves keeping a
26place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

 

 

HB5650- 211 -LRB099 18253 SLF 42623 b

111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the defendant shall undergo medical
4testing to determine whether the defendant has any sexually
5transmissible disease, including a test for infection with
6human immunodeficiency virus (HIV) or any other identified
7causative agent of acquired immunodeficiency syndrome (AIDS).
8Any such medical test shall be performed only by appropriately
9licensed medical practitioners and may include an analysis of
10any bodily fluids as well as an examination of the defendant's
11person. Except as otherwise provided by law, the results of
12such test shall be kept strictly confidential by all medical
13personnel involved in the testing and must be personally
14delivered in a sealed envelope to the judge of the court in
15which the conviction was entered for the judge's inspection in
16camera. Acting in accordance with the best interests of the
17victim and the public, the judge shall have the discretion to
18determine to whom, if anyone, the results of the testing may be
19revealed. The court shall notify the defendant of the test
20results. The court shall also notify the victim if requested by
21the victim, and if the victim is under the age of 15 and if
22requested by the victim's parents or legal guardian, the court
23shall notify the victim's parents or legal guardian of the test
24results. The court shall provide information on the
25availability of HIV testing and counseling at Department of
26Public Health facilities to all parties to whom the results of

 

 

HB5650- 212 -LRB099 18253 SLF 42623 b

1the testing are revealed and shall direct the State's Attorney
2to provide the information to the victim when possible. A
3State's Attorney may petition the court to obtain the results
4of any HIV test administered under this Section, and the court
5shall grant the disclosure if the State's Attorney shows it is
6relevant in order to prosecute a charge of criminal
7transmission of HIV under Section 12-5.01 or 12-16.2 of the
8Criminal Code of 1961 or the Criminal Code of 2012 against the
9defendant. The court shall order that the cost of any such test
10shall be paid by the county and may be taxed as costs against
11the convicted defendant.
12    (g-5) When an inmate is tested for an airborne communicable
13disease, as determined by the Illinois Department of Public
14Health including but not limited to tuberculosis, the results
15of the test shall be personally delivered by the warden or his
16or her designee in a sealed envelope to the judge of the court
17in which the inmate must appear for the judge's inspection in
18camera if requested by the judge. Acting in accordance with the
19best interests of those in the courtroom, the judge shall have
20the discretion to determine what if any precautions need to be
21taken to prevent transmission of the disease in the courtroom.
22    (h) Whenever a defendant is convicted of an offense under
23Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
24defendant shall undergo medical testing to determine whether
25the defendant has been exposed to human immunodeficiency virus
26(HIV) or any other identified causative agent of acquired

 

 

HB5650- 213 -LRB099 18253 SLF 42623 b

1immunodeficiency syndrome (AIDS). Except as otherwise provided
2by law, the results of such test shall be kept strictly
3confidential by all medical personnel involved in the testing
4and must be personally delivered in a sealed envelope to the
5judge of the court in which the conviction was entered for the
6judge's inspection in camera. Acting in accordance with the
7best interests of the public, the judge shall have the
8discretion to determine to whom, if anyone, the results of the
9testing may be revealed. The court shall notify the defendant
10of a positive test showing an infection with the human
11immunodeficiency virus (HIV). The court shall provide
12information on the availability of HIV testing and counseling
13at Department of Public Health facilities to all parties to
14whom the results of the testing are revealed and shall direct
15the State's Attorney to provide the information to the victim
16when possible. A State's Attorney may petition the court to
17obtain the results of any HIV test administered under this
18Section, and the court shall grant the disclosure if the
19State's Attorney shows it is relevant in order to prosecute a
20charge of criminal transmission of HIV under Section 12-5.01 or
2112-16.2 of the Criminal Code of 1961 or the Criminal Code of
222012 against the defendant. The court shall order that the cost
23of any such test shall be paid by the county and may be taxed as
24costs against the convicted defendant.
25    (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

 

 

HB5650- 214 -LRB099 18253 SLF 42623 b

1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under Section 27.5
5of the Clerks of Courts Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Act, or Section 70 of the Methamphetamine
19Control and Community Protection Act of a defendant, the court
20shall determine whether the defendant is employed by a facility
21or center as defined under the Child Care Act of 1969, a public
22or private elementary or secondary school, or otherwise works
23with children under 18 years of age on a daily basis. When a
24defendant is so employed, the court shall order the Clerk of
25the Court to send a copy of the judgment of conviction or order
26of supervision or probation to the defendant's employer by

 

 

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1certified mail. If the employer of the defendant is a school,
2the Clerk of the Court shall direct the mailing of a copy of
3the judgment of conviction or order of supervision or probation
4to the appropriate regional superintendent of schools. The
5regional superintendent of schools shall notify the State Board
6of Education of any notification under this subsection.
7    (j-5) A defendant at least 17 years of age who is convicted
8of a felony and who has not been previously convicted of a
9misdemeanor or felony and who is sentenced to a term of
10imprisonment in the Illinois Department of Corrections shall as
11a condition of his or her sentence be required by the court to
12attend educational courses designed to prepare the defendant
13for a high school diploma and to work toward a high school
14diploma or to work toward passing high school equivalency
15testing or to work toward completing a vocational training
16program offered by the Department of Corrections. If a
17defendant fails to complete the educational training required
18by his or her sentence during the term of incarceration, the
19Prisoner Review Board shall, as a condition of mandatory
20supervised release, require the defendant, at his or her own
21expense, to pursue a course of study toward a high school
22diploma or passage of high school equivalency testing. The
23Prisoner Review Board shall revoke the mandatory supervised
24release of a defendant who wilfully fails to comply with this
25subsection (j-5) upon his or her release from confinement in a
26penal institution while serving a mandatory supervised release

 

 

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1term; however, the inability of the defendant after making a
2good faith effort to obtain financial aid or pay for the
3educational training shall not be deemed a wilful failure to
4comply. The Prisoner Review Board shall recommit the defendant
5whose mandatory supervised release term has been revoked under
6this subsection (j-5) as provided in Section 3-3-9. This
7subsection (j-5) does not apply to a defendant who has a high
8school diploma or has successfully passed high school
9equivalency testing. This subsection (j-5) does not apply to a
10defendant who is determined by the court to be a person with a
11developmental disability or otherwise mentally incapable of
12completing the educational or vocational program.
13    (k) (Blank).
14    (l) (A) Except as provided in paragraph (C) of subsection
15(l), whenever a defendant, who is an alien as defined by the
16Immigration and Nationality Act, is convicted of any felony or
17misdemeanor offense, the court after sentencing the defendant
18may, upon motion of the State's Attorney, hold sentence in
19abeyance and remand the defendant to the custody of the
20Attorney General of the United States or his or her designated
21agent to be deported when:
22        (1) a final order of deportation has been issued
23    against the defendant pursuant to proceedings under the
24    Immigration and Nationality Act, and
25        (2) the deportation of the defendant would not
26    deprecate the seriousness of the defendant's conduct and

 

 

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1    would not be inconsistent with the ends of justice.
2    Otherwise, the defendant shall be sentenced as provided in
3this Chapter V.
4    (B) If the defendant has already been sentenced for a
5felony or misdemeanor offense, or has been placed on probation
6under Section 10 of the Cannabis Control Act, Section 410 of
7the Illinois Controlled Substances Act, or Section 70 of the
8Methamphetamine Control and Community Protection Act, the
9court may, upon motion of the State's Attorney to suspend the
10sentence imposed, commit the defendant to the custody of the
11Attorney General of the United States or his or her designated
12agent when:
13        (1) a final order of deportation has been issued
14    against the defendant pursuant to proceedings under the
15    Immigration and Nationality Act, and
16        (2) the deportation of the defendant would not
17    deprecate the seriousness of the defendant's conduct and
18    would not be inconsistent with the ends of justice.
19    (C) This subsection (l) does not apply to offenders who are
20subject to the provisions of paragraph (2) of subsection (a) of
21Section 3-6-3.
22    (D) Upon motion of the State's Attorney, if a defendant
23sentenced under this Section returns to the jurisdiction of the
24United States, the defendant shall be recommitted to the
25custody of the county from which he or she was sentenced.
26Thereafter, the defendant shall be brought before the

 

 

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1sentencing court, which may impose any sentence that was
2available under Section 5-5-3 at the time of initial
3sentencing. In addition, the defendant shall not be eligible
4for additional sentence credit for good conduct as provided
5under Section 3-6-3.
6    (m) A person convicted of criminal defacement of property
7under Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012, in which the property damage exceeds
9$300 and the property damaged is a school building, shall be
10ordered to perform community service that may include cleanup,
11removal, or painting over the defacement.
12    (n) The court may sentence a person convicted of a
13violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
15of 1961 or the Criminal Code of 2012 (i) to an impact
16incarceration program if the person is otherwise eligible for
17that program under Section 5-8-1.1, (ii) to community service,
18or (iii) if the person is an addict or alcoholic, as defined in
19the Alcoholism and Other Drug Abuse and Dependency Act, to a
20substance or alcohol abuse program licensed under that Act.
21    (o) Whenever a person is convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act, the
23defendant's driver's license or permit shall be subject to
24renewal on an annual basis in accordance with the provisions of
25license renewal established by the Secretary of State.
26(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;

 

 

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199-143, eff. 7-27-15.)
 
2    (730 ILCS 5/5-5-3.2)
3    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
4Sentencing.
5    (a) The following factors shall be accorded weight in favor
6of imposing a term of imprisonment or may be considered by the
7court as reasons to impose a more severe sentence under Section
85-8-1 or Article 4.5 of Chapter V:
9        (1) the defendant's conduct caused or threatened
10    serious harm;
11        (2) the defendant received compensation for committing
12    the offense;
13        (3) the defendant has a history of prior delinquency or
14    criminal activity;
15        (4) the defendant, by the duties of his office or by
16    his position, was obliged to prevent the particular offense
17    committed or to bring the offenders committing it to
18    justice;
19        (5) the defendant held public office at the time of the
20    offense, and the offense related to the conduct of that
21    office;
22        (6) the defendant utilized his professional reputation
23    or position in the community to commit the offense, or to
24    afford him an easier means of committing it;
25        (7) the sentence is necessary to deter others from

 

 

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1    committing the same crime;
2        (8) the defendant committed the offense against a
3    person 60 years of age or older or such person's property;
4        (9) the defendant committed the offense against a
5    person who has a physical disability or such person's
6    property;
7        (10) by reason of another individual's actual or
8    perceived race, color, creed, religion, ancestry, gender,
9    sexual orientation, physical or mental disability, or
10    national origin, the defendant committed the offense
11    against (i) the person or property of that individual; (ii)
12    the person or property of a person who has an association
13    with, is married to, or has a friendship with the other
14    individual; or (iii) the person or property of a relative
15    (by blood or marriage) of a person described in clause (i)
16    or (ii). For the purposes of this Section, "sexual
17    orientation" has the meaning ascribed to it in paragraph
18    (O-1) of Section 1-103 of the Illinois Human Rights Act;
19        (11) the offense took place in a place of worship or on
20    the grounds of a place of worship, immediately prior to,
21    during or immediately following worship services. For
22    purposes of this subparagraph, "place of worship" shall
23    mean any church, synagogue or other building, structure or
24    place used primarily for religious worship;
25        (12) the defendant was convicted of a felony committed
26    while he was released on bail or his own recognizance

 

 

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1    pending trial for a prior felony and was convicted of such
2    prior felony, or the defendant was convicted of a felony
3    committed while he was serving a period of probation,
4    conditional discharge, or mandatory supervised release
5    under subsection (d) of Section 5-8-1 for a prior felony;
6        (13) the defendant committed or attempted to commit a
7    felony while he was wearing a bulletproof vest. For the
8    purposes of this paragraph (13), a bulletproof vest is any
9    device which is designed for the purpose of protecting the
10    wearer from bullets, shot or other lethal projectiles;
11        (14) the defendant held a position of trust or
12    supervision such as, but not limited to, family member as
13    defined in Section 11-0.1 of the Criminal Code of 2012,
14    teacher, scout leader, baby sitter, or day care worker, in
15    relation to a victim under 18 years of age, and the
16    defendant committed an offense in violation of Section
17    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
18    11-14.4 except for an offense that involves keeping a place
19    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
20    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
21    or 12-16 of the Criminal Code of 1961 or the Criminal Code
22    of 2012 against that victim;
23        (15) the defendant committed an offense related to the
24    activities of an organized gang. For the purposes of this
25    factor, "organized gang" has the meaning ascribed to it in
26    Section 10 of the Streetgang Terrorism Omnibus Prevention

 

 

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1    Act;
2        (16) the defendant committed an offense in violation of
3    one of the following Sections while in a school, regardless
4    of the time of day or time of year; on any conveyance
5    owned, leased, or contracted by a school to transport
6    students to or from school or a school related activity; on
7    the real property of a school; or on a public way within
8    1,000 feet of the real property comprising any school:
9    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
10    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
13    18-2, or 33A-2, or Section 12-3.05 except for subdivision
14    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
15    Criminal Code of 2012;
16        (16.5) the defendant committed an offense in violation
17    of one of the following Sections while in a day care
18    center, regardless of the time of day or time of year; on
19    the real property of a day care center, regardless of the
20    time of day or time of year; or on a public way within
21    1,000 feet of the real property comprising any day care
22    center, regardless of the time of day or time of year:
23    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
24    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
25    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
26    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

 

 

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1    18-2, or 33A-2, or Section 12-3.05 except for subdivision
2    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
3    Criminal Code of 2012;
4        (17) the defendant committed the offense by reason of
5    any person's activity as a community policing volunteer or
6    to prevent any person from engaging in activity as a
7    community policing volunteer. For the purpose of this
8    Section, "community policing volunteer" has the meaning
9    ascribed to it in Section 2-3.5 of the Criminal Code of
10    2012;
11        (18) the defendant committed the offense in a nursing
12    home or on the real property comprising a nursing home. For
13    the purposes of this paragraph (18), "nursing home" means a
14    skilled nursing or intermediate long term care facility
15    that is subject to license by the Illinois Department of
16    Public Health under the Nursing Home Care Act, the
17    Specialized Mental Health Rehabilitation Act of 2013, the
18    ID/DD Community Care Act, or the MC/DD Act;
19        (19) the defendant was a federally licensed firearm
20    dealer and was previously convicted of a violation of
21    subsection (a) of Section 3 of the Firearm Owners
22    Identification Card Act before its repeal by this
23    amendatory Act of the 99th General Assembly and has now
24    committed either a felony violation of the Firearm Owners
25    Identification Card Act or an act of armed violence while
26    armed with a firearm;

 

 

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1        (20) the defendant (i) committed the offense of
2    reckless homicide under Section 9-3 of the Criminal Code of
3    1961 or the Criminal Code of 2012 or the offense of driving
4    under the influence of alcohol, other drug or drugs,
5    intoxicating compound or compounds or any combination
6    thereof under Section 11-501 of the Illinois Vehicle Code
7    or a similar provision of a local ordinance and (ii) was
8    operating a motor vehicle in excess of 20 miles per hour
9    over the posted speed limit as provided in Article VI of
10    Chapter 11 of the Illinois Vehicle Code;
11        (21) the defendant (i) committed the offense of
12    reckless driving or aggravated reckless driving under
13    Section 11-503 of the Illinois Vehicle Code and (ii) was
14    operating a motor vehicle in excess of 20 miles per hour
15    over the posted speed limit as provided in Article VI of
16    Chapter 11 of the Illinois Vehicle Code;
17        (22) the defendant committed the offense against a
18    person that the defendant knew, or reasonably should have
19    known, was a member of the Armed Forces of the United
20    States serving on active duty. For purposes of this clause
21    (22), the term "Armed Forces" means any of the Armed Forces
22    of the United States, including a member of any reserve
23    component thereof or National Guard unit called to active
24    duty;
25        (23) the defendant committed the offense against a
26    person who was elderly or infirm or who was a person with a

 

 

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1    disability by taking advantage of a family or fiduciary
2    relationship with the elderly or infirm person or person
3    with a disability;
4        (24) the defendant committed any offense under Section
5    11-20.1 of the Criminal Code of 1961 or the Criminal Code
6    of 2012 and possessed 100 or more images;
7        (25) the defendant committed the offense while the
8    defendant or the victim was in a train, bus, or other
9    vehicle used for public transportation;
10        (26) the defendant committed the offense of child
11    pornography or aggravated child pornography, specifically
12    including paragraph (1), (2), (3), (4), (5), or (7) of
13    subsection (a) of Section 11-20.1 of the Criminal Code of
14    1961 or the Criminal Code of 2012 where a child engaged in,
15    solicited for, depicted in, or posed in any act of sexual
16    penetration or bound, fettered, or subject to sadistic,
17    masochistic, or sadomasochistic abuse in a sexual context
18    and specifically including paragraph (1), (2), (3), (4),
19    (5), or (7) of subsection (a) of Section 11-20.1B or
20    Section 11-20.3 of the Criminal Code of 1961 where a child
21    engaged in, solicited for, depicted in, or posed in any act
22    of sexual penetration or bound, fettered, or subject to
23    sadistic, masochistic, or sadomasochistic abuse in a
24    sexual context;
25        (27) the defendant committed the offense of first
26    degree murder, assault, aggravated assault, battery,

 

 

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1    aggravated battery, robbery, armed robbery, or aggravated
2    robbery against a person who was a veteran and the
3    defendant knew, or reasonably should have known, that the
4    person was a veteran performing duties as a representative
5    of a veterans' organization. For the purposes of this
6    paragraph (27), "veteran" means an Illinois resident who
7    has served as a member of the United States Armed Forces, a
8    member of the Illinois National Guard, or a member of the
9    United States Reserve Forces; and "veterans' organization"
10    means an organization comprised of members of which
11    substantially all are individuals who are veterans or
12    spouses, widows, or widowers of veterans, the primary
13    purpose of which is to promote the welfare of its members
14    and to provide assistance to the general public in such a
15    way as to confer a public benefit;
16        (28) the defendant committed the offense of assault,
17    aggravated assault, battery, aggravated battery, robbery,
18    armed robbery, or aggravated robbery against a person that
19    the defendant knew or reasonably should have known was a
20    letter carrier or postal worker while that person was
21    performing his or her duties delivering mail for the United
22    States Postal Service; or
23        (29) the defendant committed the offense of criminal
24    sexual assault, aggravated criminal sexual assault,
25    criminal sexual abuse, or aggravated criminal sexual abuse
26    against a victim with an intellectual disability, and the

 

 

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1    defendant holds a position of trust, authority, or
2    supervision in relation to the victim; or
3        (30) (29) the defendant committed the offense of
4    promoting juvenile prostitution, patronizing a prostitute,
5    or patronizing a minor engaged in prostitution and at the
6    time of the commission of the offense knew that the
7    prostitute or minor engaged in prostitution was in the
8    custody or guardianship of the Department of Children and
9    Family Services.
10    For the purposes of this Section:
11    "School" is defined as a public or private elementary or
12secondary school, community college, college, or university.
13    "Day care center" means a public or private State certified
14and licensed day care center as defined in Section 2.09 of the
15Child Care Act of 1969 that displays a sign in plain view
16stating that the property is a day care center.
17    "Intellectual disability" means significantly subaverage
18intellectual functioning which exists concurrently with
19impairment in adaptive behavior.
20    "Public transportation" means the transportation or
21conveyance of persons by means available to the general public,
22and includes paratransit services.
23    (b) The following factors, related to all felonies, may be
24considered by the court as reasons to impose an extended term
25sentence under Section 5-8-2 upon any offender:
26        (1) When a defendant is convicted of any felony, after

 

 

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1    having been previously convicted in Illinois or any other
2    jurisdiction of the same or similar class felony or greater
3    class felony, when such conviction has occurred within 10
4    years after the previous conviction, excluding time spent
5    in custody, and such charges are separately brought and
6    tried and arise out of different series of acts; or
7        (2) When a defendant is convicted of any felony and the
8    court finds that the offense was accompanied by
9    exceptionally brutal or heinous behavior indicative of
10    wanton cruelty; or
11        (3) When a defendant is convicted of any felony
12    committed against:
13            (i) a person under 12 years of age at the time of
14        the offense or such person's property;
15            (ii) a person 60 years of age or older at the time
16        of the offense or such person's property; or
17            (iii) a person who had a physical disability at the
18        time of the offense or such person's property; or
19        (4) When a defendant is convicted of any felony and the
20    offense involved any of the following types of specific
21    misconduct committed as part of a ceremony, rite,
22    initiation, observance, performance, practice or activity
23    of any actual or ostensible religious, fraternal, or social
24    group:
25            (i) the brutalizing or torturing of humans or
26        animals;

 

 

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1            (ii) the theft of human corpses;
2            (iii) the kidnapping of humans;
3            (iv) the desecration of any cemetery, religious,
4        fraternal, business, governmental, educational, or
5        other building or property; or
6            (v) ritualized abuse of a child; or
7        (5) When a defendant is convicted of a felony other
8    than conspiracy and the court finds that the felony was
9    committed under an agreement with 2 or more other persons
10    to commit that offense and the defendant, with respect to
11    the other individuals, occupied a position of organizer,
12    supervisor, financier, or any other position of management
13    or leadership, and the court further finds that the felony
14    committed was related to or in furtherance of the criminal
15    activities of an organized gang or was motivated by the
16    defendant's leadership in an organized gang; or
17        (6) When a defendant is convicted of an offense
18    committed while using a firearm with a laser sight attached
19    to it. For purposes of this paragraph, "laser sight" has
20    the meaning ascribed to it in Section 26-7 of the Criminal
21    Code of 2012; or
22        (7) When a defendant who was at least 17 years of age
23    at the time of the commission of the offense is convicted
24    of a felony and has been previously adjudicated a
25    delinquent minor under the Juvenile Court Act of 1987 for
26    an act that if committed by an adult would be a Class X or

 

 

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1    Class 1 felony when the conviction has occurred within 10
2    years after the previous adjudication, excluding time
3    spent in custody; or
4        (8) When a defendant commits any felony and the
5    defendant used, possessed, exercised control over, or
6    otherwise directed an animal to assault a law enforcement
7    officer engaged in the execution of his or her official
8    duties or in furtherance of the criminal activities of an
9    organized gang in which the defendant is engaged; or
10        (9) When a defendant commits any felony and the
11    defendant knowingly video or audio records the offense with
12    the intent to disseminate the recording.
13    (c) The following factors may be considered by the court as
14reasons to impose an extended term sentence under Section 5-8-2
15(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
16        (1) When a defendant is convicted of first degree
17    murder, after having been previously convicted in Illinois
18    of any offense listed under paragraph (c)(2) of Section
19    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
20    within 10 years after the previous conviction, excluding
21    time spent in custody, and the charges are separately
22    brought and tried and arise out of different series of
23    acts.
24        (1.5) When a defendant is convicted of first degree
25    murder, after having been previously convicted of domestic
26    battery (720 ILCS 5/12-3.2) or aggravated domestic battery

 

 

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1    (720 ILCS 5/12-3.3) committed on the same victim or after
2    having been previously convicted of violation of an order
3    of protection (720 ILCS 5/12-30) in which the same victim
4    was the protected person.
5        (2) When a defendant is convicted of voluntary
6    manslaughter, second degree murder, involuntary
7    manslaughter, or reckless homicide in which the defendant
8    has been convicted of causing the death of more than one
9    individual.
10        (3) When a defendant is convicted of aggravated
11    criminal sexual assault or criminal sexual assault, when
12    there is a finding that aggravated criminal sexual assault
13    or criminal sexual assault was also committed on the same
14    victim by one or more other individuals, and the defendant
15    voluntarily participated in the crime with the knowledge of
16    the participation of the others in the crime, and the
17    commission of the crime was part of a single course of
18    conduct during which there was no substantial change in the
19    nature of the criminal objective.
20        (4) If the victim was under 18 years of age at the time
21    of the commission of the offense, when a defendant is
22    convicted of aggravated criminal sexual assault or
23    predatory criminal sexual assault of a child under
24    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
25    of Section 12-14.1 of the Criminal Code of 1961 or the
26    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

 

 

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1        (5) When a defendant is convicted of a felony violation
2    of Section 24-1 of the Criminal Code of 1961 or the
3    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
4    finding that the defendant is a member of an organized
5    gang.
6        (6) When a defendant was convicted of unlawful use of
7    weapons under Section 24-1 of the Criminal Code of 1961 or
8    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
9    a weapon that is not readily distinguishable as one of the
10    weapons enumerated in Section 24-1 of the Criminal Code of
11    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
12        (7) When a defendant is convicted of an offense
13    involving the illegal manufacture of a controlled
14    substance under Section 401 of the Illinois Controlled
15    Substances Act (720 ILCS 570/401), the illegal manufacture
16    of methamphetamine under Section 25 of the Methamphetamine
17    Control and Community Protection Act (720 ILCS 646/25), or
18    the illegal possession of explosives and an emergency
19    response officer in the performance of his or her duties is
20    killed or injured at the scene of the offense while
21    responding to the emergency caused by the commission of the
22    offense. In this paragraph, "emergency" means a situation
23    in which a person's life, health, or safety is in jeopardy;
24    and "emergency response officer" means a peace officer,
25    community policing volunteer, fireman, emergency medical
26    technician-ambulance, emergency medical

 

 

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1    technician-intermediate, emergency medical
2    technician-paramedic, ambulance driver, other medical
3    assistance or first aid personnel, or hospital emergency
4    room personnel.
5        (8) When the defendant is convicted of attempted mob
6    action, solicitation to commit mob action, or conspiracy to
7    commit mob action under Section 8-1, 8-2, or 8-4 of the
8    Criminal Code of 2012, where the criminal object is a
9    violation of Section 25-1 of the Criminal Code of 2012, and
10    an electronic communication is used in the commission of
11    the offense. For the purposes of this paragraph (8),
12    "electronic communication" shall have the meaning provided
13    in Section 26.5-0.1 of the Criminal Code of 2012.
14    (d) For the purposes of this Section, "organized gang" has
15the meaning ascribed to it in Section 10 of the Illinois
16Streetgang Terrorism Omnibus Prevention Act.
17    (e) The court may impose an extended term sentence under
18Article 4.5 of Chapter V upon an offender who has been
19convicted of a felony violation of Section 11-1.20, 11-1.30,
2011-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2112-16 of the Criminal Code of 1961 or the Criminal Code of 2012
22when the victim of the offense is under 18 years of age at the
23time of the commission of the offense and, during the
24commission of the offense, the victim was under the influence
25of alcohol, regardless of whether or not the alcohol was
26supplied by the offender; and the offender, at the time of the

 

 

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1commission of the offense, knew or should have known that the
2victim had consumed alcohol.
3(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
4eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
5eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
699-347, eff. 1-1-16; revised 10-19-15.)
 
7    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
8    Sec. 5-6-3. Conditions of Probation and of Conditional
9Discharge.
10    (a) The conditions of probation and of conditional
11discharge shall be that the person:
12        (1) not violate any criminal statute of any
13    jurisdiction;
14        (2) report to or appear in person before such person or
15    agency as directed by the court;
16        (3) refrain from possessing a firearm or other
17    dangerous weapon where the offense is a felony or, if a
18    misdemeanor, the offense involved the intentional or
19    knowing infliction of bodily harm or threat of bodily harm;
20        (4) not leave the State without the consent of the
21    court or, in circumstances in which the reason for the
22    absence is of such an emergency nature that prior consent
23    by the court is not possible, without the prior
24    notification and approval of the person's probation
25    officer. Transfer of a person's probation or conditional

 

 

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1    discharge supervision to another state is subject to
2    acceptance by the other state pursuant to the Interstate
3    Compact for Adult Offender Supervision;
4        (5) permit the probation officer to visit him at his
5    home or elsewhere to the extent necessary to discharge his
6    duties;
7        (6) perform no less than 30 hours of community service
8    and not more than 120 hours of community service, if
9    community service is available in the jurisdiction and is
10    funded and approved by the county board where the offense
11    was committed, where the offense was related to or in
12    furtherance of the criminal activities of an organized gang
13    and was motivated by the offender's membership in or
14    allegiance to an organized gang. The community service
15    shall include, but not be limited to, the cleanup and
16    repair of any damage caused by a violation of Section
17    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
18    2012 and similar damage to property located within the
19    municipality or county in which the violation occurred.
20    When possible and reasonable, the community service should
21    be performed in the offender's neighborhood. For purposes
22    of this Section, "organized gang" has the meaning ascribed
23    to it in Section 10 of the Illinois Streetgang Terrorism
24    Omnibus Prevention Act;
25        (7) if he or she is at least 17 years of age and has
26    been sentenced to probation or conditional discharge for a

 

 

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1    misdemeanor or felony in a county of 3,000,000 or more
2    inhabitants and has not been previously convicted of a
3    misdemeanor or felony, may be required by the sentencing
4    court to attend educational courses designed to prepare the
5    defendant for a high school diploma and to work toward a
6    high school diploma or to work toward passing high school
7    equivalency testing or to work toward completing a
8    vocational training program approved by the court. The
9    person on probation or conditional discharge must attend a
10    public institution of education to obtain the educational
11    or vocational training required by this clause (7). The
12    court shall revoke the probation or conditional discharge
13    of a person who wilfully fails to comply with this clause
14    (7). The person on probation or conditional discharge shall
15    be required to pay for the cost of the educational courses
16    or high school equivalency testing if a fee is charged for
17    those courses or testing. The court shall resentence the
18    offender whose probation or conditional discharge has been
19    revoked as provided in Section 5-6-4. This clause (7) does
20    not apply to a person who has a high school diploma or has
21    successfully passed high school equivalency testing. This
22    clause (7) does not apply to a person who is determined by
23    the court to be a person with a developmental disability or
24    otherwise mentally incapable of completing the educational
25    or vocational program;
26        (8) if convicted of possession of a substance

 

 

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1    prohibited by the Cannabis Control Act, the Illinois
2    Controlled Substances Act, or the Methamphetamine Control
3    and Community Protection Act after a previous conviction or
4    disposition of supervision for possession of a substance
5    prohibited by the Cannabis Control Act or Illinois
6    Controlled Substances Act or after a sentence of probation
7    under Section 10 of the Cannabis Control Act, Section 410
8    of the Illinois Controlled Substances Act, or Section 70 of
9    the Methamphetamine Control and Community Protection Act
10    and upon a finding by the court that the person is
11    addicted, undergo treatment at a substance abuse program
12    approved by the court;
13        (8.5) if convicted of a felony sex offense as defined
14    in the Sex Offender Management Board Act, the person shall
15    undergo and successfully complete sex offender treatment
16    by a treatment provider approved by the Board and conducted
17    in conformance with the standards developed under the Sex
18    Offender Management Board Act;
19        (8.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing at
21    the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders;
4        (8.7) if convicted for an offense committed on or after
5    June 1, 2008 (the effective date of Public Act 95-464) that
6    would qualify the accused as a child sex offender as
7    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
8    1961 or the Criminal Code of 2012, refrain from
9    communicating with or contacting, by means of the Internet,
10    a person who is not related to the accused and whom the
11    accused reasonably believes to be under 18 years of age;
12    for purposes of this paragraph (8.7), "Internet" has the
13    meaning ascribed to it in Section 16-0.1 of the Criminal
14    Code of 2012; and a person is not related to the accused if
15    the person is not: (i) the spouse, brother, or sister of
16    the accused; (ii) a descendant of the accused; (iii) a
17    first or second cousin of the accused; or (iv) a step-child
18    or adopted child of the accused;
19        (8.8) if convicted for an offense under Section 11-6,
20    11-9.1, 11-14.4 that involves soliciting for a juvenile
21    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    or any attempt to commit any of these offenses, committed
24    on or after June 1, 2009 (the effective date of Public Act
25    95-983):
26            (i) not access or use a computer or any other

 

 

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1        device with Internet capability without the prior
2        written approval of the offender's probation officer,
3        except in connection with the offender's employment or
4        search for employment with the prior approval of the
5        offender's probation officer;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's probation
9        officer, a law enforcement officer, or assigned
10        computer or information technology specialist,
11        including the retrieval and copying of all data from
12        the computer or device and any internal or external
13        peripherals and removal of such information,
14        equipment, or device to conduct a more thorough
15        inspection;
16            (iii) submit to the installation on the offender's
17        computer or device with Internet capability, at the
18        offender's expense, of one or more hardware or software
19        systems to monitor the Internet use; and
20            (iv) submit to any other appropriate restrictions
21        concerning the offender's use of or access to a
22        computer or any other device with Internet capability
23        imposed by the offender's probation officer;
24        (8.9) if convicted of a sex offense as defined in the
25    Sex Offender Registration Act committed on or after January
26    1, 2010 (the effective date of Public Act 96-262), refrain

 

 

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1    from accessing or using a social networking website as
2    defined in Section 17-0.5 of the Criminal Code of 2012;
3        (9) if convicted of a felony or of any misdemeanor
4    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
5    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
6    2012 that was determined, pursuant to Section 112A-11.1 of
7    the Code of Criminal Procedure of 1963, to trigger the
8    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
9    at a time and place designated by the court, his or her
10    Firearm Owner's Identification Card and any and all
11    firearms in his or her possession. The Court shall return
12    to the Department of State Police Firearm Owner's
13    Identification Card Office the person's Firearm Owner's
14    Identification Card;
15        (10) if convicted of a sex offense as defined in
16    subsection (a-5) of Section 3-1-2 of this Code, unless the
17    offender is a parent or guardian of the person under 18
18    years of age present in the home and no non-familial minors
19    are present, not participate in a holiday event involving
20    children under 18 years of age, such as distributing candy
21    or other items to children on Halloween, wearing a Santa
22    Claus costume on or preceding Christmas, being employed as
23    a department store Santa Claus, or wearing an Easter Bunny
24    costume on or preceding Easter;
25        (11) if convicted of a sex offense as defined in
26    Section 2 of the Sex Offender Registration Act committed on

 

 

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1    or after January 1, 2010 (the effective date of Public Act
2    96-362) that requires the person to register as a sex
3    offender under that Act, may not knowingly use any computer
4    scrub software on any computer that the sex offender uses;
5    and
6        (12) if convicted of a violation of the Methamphetamine
7    Control and Community Protection Act, the Methamphetamine
8    Precursor Control Act, or a methamphetamine related
9    offense:
10            (A) prohibited from purchasing, possessing, or
11        having under his or her control any product containing
12        pseudoephedrine unless prescribed by a physician; and
13            (B) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        ammonium nitrate.
16    (b) The Court may in addition to other reasonable
17conditions relating to the nature of the offense or the
18rehabilitation of the defendant as determined for each
19defendant in the proper discretion of the Court require that
20the person:
21        (1) serve a term of periodic imprisonment under Article
22    7 for a period not to exceed that specified in paragraph
23    (d) of Section 5-7-1;
24        (2) pay a fine and costs;
25        (3) work or pursue a course of study or vocational
26    training;

 

 

HB5650- 242 -LRB099 18253 SLF 42623 b

1        (4) undergo medical, psychological or psychiatric
2    treatment; or treatment for drug addiction or alcoholism;
3        (5) attend or reside in a facility established for the
4    instruction or residence of defendants on probation;
5        (6) support his dependents;
6        (7) and in addition, if a minor:
7            (i) reside with his parents or in a foster home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10            (iv) contribute to his own support at home or in a
11        foster home;
12            (v) with the consent of the superintendent of the
13        facility, attend an educational program at a facility
14        other than the school in which the offense was
15        committed if he or she is convicted of a crime of
16        violence as defined in Section 2 of the Crime Victims
17        Compensation Act committed in a school, on the real
18        property comprising a school, or within 1,000 feet of
19        the real property comprising a school;
20        (8) make restitution as provided in Section 5-5-6 of
21    this Code;
22        (9) perform some reasonable public or community
23    service;
24        (10) serve a term of home confinement. In addition to
25    any other applicable condition of probation or conditional
26    discharge, the conditions of home confinement shall be that

 

 

HB5650- 243 -LRB099 18253 SLF 42623 b

1    the offender:
2            (i) remain within the interior premises of the
3        place designated for his confinement during the hours
4        designated by the court;
5            (ii) admit any person or agent designated by the
6        court into the offender's place of confinement at any
7        time for purposes of verifying the offender's
8        compliance with the conditions of his confinement; and
9            (iii) if further deemed necessary by the court or
10        the Probation or Court Services Department, be placed
11        on an approved electronic monitoring device, subject
12        to Article 8A of Chapter V;
13            (iv) for persons convicted of any alcohol,
14        cannabis or controlled substance violation who are
15        placed on an approved monitoring device as a condition
16        of probation or conditional discharge, the court shall
17        impose a reasonable fee for each day of the use of the
18        device, as established by the county board in
19        subsection (g) of this Section, unless after
20        determining the inability of the offender to pay the
21        fee, the court assesses a lesser fee or no fee as the
22        case may be. This fee shall be imposed in addition to
23        the fees imposed under subsections (g) and (i) of this
24        Section. The fee shall be collected by the clerk of the
25        circuit court. The clerk of the circuit court shall pay
26        all monies collected from this fee to the county

 

 

HB5650- 244 -LRB099 18253 SLF 42623 b

1        treasurer for deposit in the substance abuse services
2        fund under Section 5-1086.1 of the Counties Code; and
3            (v) for persons convicted of offenses other than
4        those referenced in clause (iv) above and who are
5        placed on an approved monitoring device as a condition
6        of probation or conditional discharge, the court shall
7        impose a reasonable fee for each day of the use of the
8        device, as established by the county board in
9        subsection (g) of this Section, unless after
10        determining the inability of the defendant to pay the
11        fee, the court assesses a lesser fee or no fee as the
12        case may be. This fee shall be imposed in addition to
13        the fees imposed under subsections (g) and (i) of this
14        Section. The fee shall be collected by the clerk of the
15        circuit court. The clerk of the circuit court shall pay
16        all monies collected from this fee to the county
17        treasurer who shall use the monies collected to defray
18        the costs of corrections. The county treasurer shall
19        deposit the fee collected in the probation and court
20        services fund.
21        (11) comply with the terms and conditions of an order
22    of protection issued by the court pursuant to the Illinois
23    Domestic Violence Act of 1986, as now or hereafter amended,
24    or an order of protection issued by the court of another
25    state, tribe, or United States territory. A copy of the
26    order of protection shall be transmitted to the probation

 

 

HB5650- 245 -LRB099 18253 SLF 42623 b

1    officer or agency having responsibility for the case;
2        (12) reimburse any "local anti-crime program" as
3    defined in Section 7 of the Anti-Crime Advisory Council Act
4    for any reasonable expenses incurred by the program on the
5    offender's case, not to exceed the maximum amount of the
6    fine authorized for the offense for which the defendant was
7    sentenced;
8        (13) contribute a reasonable sum of money, not to
9    exceed the maximum amount of the fine authorized for the
10    offense for which the defendant was sentenced, (i) to a
11    "local anti-crime program", as defined in Section 7 of the
12    Anti-Crime Advisory Council Act, or (ii) for offenses under
13    the jurisdiction of the Department of Natural Resources, to
14    the fund established by the Department of Natural Resources
15    for the purchase of evidence for investigation purposes and
16    to conduct investigations as outlined in Section 805-105 of
17    the Department of Natural Resources (Conservation) Law;
18        (14) refrain from entering into a designated
19    geographic area except upon such terms as the court finds
20    appropriate. Such terms may include consideration of the
21    purpose of the entry, the time of day, other persons
22    accompanying the defendant, and advance approval by a
23    probation officer, if the defendant has been placed on
24    probation or advance approval by the court, if the
25    defendant was placed on conditional discharge;
26        (15) refrain from having any contact, directly or

 

 

HB5650- 246 -LRB099 18253 SLF 42623 b

1    indirectly, with certain specified persons or particular
2    types of persons, including but not limited to members of
3    street gangs and drug users or dealers;
4        (16) refrain from having in his or her body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or the
7    Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and submit samples of his
9    or her blood or urine or both for tests to determine the
10    presence of any illicit drug;
11        (17) if convicted for an offense committed on or after
12    June 1, 2008 (the effective date of Public Act 95-464) that
13    would qualify the accused as a child sex offender as
14    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
15    1961 or the Criminal Code of 2012, refrain from
16    communicating with or contacting, by means of the Internet,
17    a person who is related to the accused and whom the accused
18    reasonably believes to be under 18 years of age; for
19    purposes of this paragraph (17), "Internet" has the meaning
20    ascribed to it in Section 16-0.1 of the Criminal Code of
21    2012; and a person is related to the accused if the person
22    is: (i) the spouse, brother, or sister of the accused; (ii)
23    a descendant of the accused; (iii) a first or second cousin
24    of the accused; or (iv) a step-child or adopted child of
25    the accused;
26        (18) if convicted for an offense committed on or after

 

 

HB5650- 247 -LRB099 18253 SLF 42623 b

1    June 1, 2009 (the effective date of Public Act 95-983) that
2    would qualify as a sex offense as defined in the Sex
3    Offender Registration Act:
4            (i) not access or use a computer or any other
5        device with Internet capability without the prior
6        written approval of the offender's probation officer,
7        except in connection with the offender's employment or
8        search for employment with the prior approval of the
9        offender's probation officer;
10            (ii) submit to periodic unannounced examinations
11        of the offender's computer or any other device with
12        Internet capability by the offender's probation
13        officer, a law enforcement officer, or assigned
14        computer or information technology specialist,
15        including the retrieval and copying of all data from
16        the computer or device and any internal or external
17        peripherals and removal of such information,
18        equipment, or device to conduct a more thorough
19        inspection;
20            (iii) submit to the installation on the offender's
21        computer or device with Internet capability, at the
22        subject's expense, of one or more hardware or software
23        systems to monitor the Internet use; and
24            (iv) submit to any other appropriate restrictions
25        concerning the offender's use of or access to a
26        computer or any other device with Internet capability

 

 

HB5650- 248 -LRB099 18253 SLF 42623 b

1        imposed by the offender's probation officer; and
2        (19) refrain from possessing a firearm or other
3    dangerous weapon where the offense is a misdemeanor that
4    did not involve the intentional or knowing infliction of
5    bodily harm or threat of bodily harm.
6    (c) The court may as a condition of probation or of
7conditional discharge require that a person under 18 years of
8age found guilty of any alcohol, cannabis or controlled
9substance violation, refrain from acquiring a driver's license
10during the period of probation or conditional discharge. If
11such person is in possession of a permit or license, the court
12may require that the minor refrain from driving or operating
13any motor vehicle during the period of probation or conditional
14discharge, except as may be necessary in the course of the
15minor's lawful employment.
16    (d) An offender sentenced to probation or to conditional
17discharge shall be given a certificate setting forth the
18conditions thereof.
19    (e) Except where the offender has committed a fourth or
20subsequent violation of subsection (c) of Section 6-303 of the
21Illinois Vehicle Code, the court shall not require as a
22condition of the sentence of probation or conditional discharge
23that the offender be committed to a period of imprisonment in
24excess of 6 months. This 6 month limit shall not include
25periods of confinement given pursuant to a sentence of county
26impact incarceration under Section 5-8-1.2.

 

 

HB5650- 249 -LRB099 18253 SLF 42623 b

1    Persons committed to imprisonment as a condition of
2probation or conditional discharge shall not be committed to
3the Department of Corrections.
4    (f) The court may combine a sentence of periodic
5imprisonment under Article 7 or a sentence to a county impact
6incarceration program under Article 8 with a sentence of
7probation or conditional discharge.
8    (g) An offender sentenced to probation or to conditional
9discharge and who during the term of either undergoes mandatory
10drug or alcohol testing, or both, or is assigned to be placed
11on an approved electronic monitoring device, shall be ordered
12to pay all costs incidental to such mandatory drug or alcohol
13testing, or both, and all costs incidental to such approved
14electronic monitoring in accordance with the defendant's
15ability to pay those costs. The county board with the
16concurrence of the Chief Judge of the judicial circuit in which
17the county is located shall establish reasonable fees for the
18cost of maintenance, testing, and incidental expenses related
19to the mandatory drug or alcohol testing, or both, and all
20costs incidental to approved electronic monitoring, involved
21in a successful probation program for the county. The
22concurrence of the Chief Judge shall be in the form of an
23administrative order. The fees shall be collected by the clerk
24of the circuit court. The clerk of the circuit court shall pay
25all moneys collected from these fees to the county treasurer
26who shall use the moneys collected to defray the costs of drug

 

 

HB5650- 250 -LRB099 18253 SLF 42623 b

1testing, alcohol testing, and electronic monitoring. The
2county treasurer shall deposit the fees collected in the county
3working cash fund under Section 6-27001 or Section 6-29002 of
4the Counties Code, as the case may be.
5    (h) Jurisdiction over an offender may be transferred from
6the sentencing court to the court of another circuit with the
7concurrence of both courts. Further transfers or retransfers of
8jurisdiction are also authorized in the same manner. The court
9to which jurisdiction has been transferred shall have the same
10powers as the sentencing court. The probation department within
11the circuit to which jurisdiction has been transferred, or
12which has agreed to provide supervision, may impose probation
13fees upon receiving the transferred offender, as provided in
14subsection (i). For all transfer cases, as defined in Section
159b of the Probation and Probation Officers Act, the probation
16department from the original sentencing court shall retain all
17probation fees collected prior to the transfer. After the
18transfer all probation fees shall be paid to the probation
19department within the circuit to which jurisdiction has been
20transferred.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee of

 

 

HB5650- 251 -LRB099 18253 SLF 42623 b

1$50 for each month of probation or conditional discharge
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4sentenced to probation or conditional discharge or supervised
5community service to pay the fee, the court assesses a lesser
6fee. The court may not impose the fee on a minor who is made a
7ward of the State under the Juvenile Court Act of 1987 while
8the minor is in placement. The fee shall be imposed only upon
9an offender who is actively supervised by the probation and
10court services department. The fee shall be collected by the
11clerk of the circuit court. The clerk of the circuit court
12shall pay all monies collected from this fee to the county
13treasurer for deposit in the probation and court services fund
14under Section 15.1 of the Probation and Probation Officers Act.
15    A circuit court may not impose a probation fee under this
16subsection (i) in excess of $25 per month unless the circuit
17court has adopted, by administrative order issued by the chief
18judge, a standard probation fee guide determining an offender's
19ability to pay Of the amount collected as a probation fee, up
20to $5 of that fee collected per month may be used to provide
21services to crime victims and their families.
22    The Court may only waive probation fees based on an
23offender's ability to pay. The probation department may
24re-evaluate an offender's ability to pay every 6 months, and,
25with the approval of the Director of Court Services or the
26Chief Probation Officer, adjust the monthly fee amount. An

 

 

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1offender may elect to pay probation fees due in a lump sum. Any
2offender that has been assigned to the supervision of a
3probation department, or has been transferred either under
4subsection (h) of this Section or under any interstate compact,
5shall be required to pay probation fees to the department
6supervising the offender, based on the offender's ability to
7pay.
8    This amendatory Act of the 93rd General Assembly deletes
9the $10 increase in the fee under this subsection that was
10imposed by Public Act 93-616. This deletion is intended to
11control over any other Act of the 93rd General Assembly that
12retains or incorporates that fee increase.
13    (i-5) In addition to the fees imposed under subsection (i)
14of this Section, in the case of an offender convicted of a
15felony sex offense (as defined in the Sex Offender Management
16Board Act) or an offense that the court or probation department
17has determined to be sexually motivated (as defined in the Sex
18Offender Management Board Act), the court or the probation
19department shall assess additional fees to pay for all costs of
20treatment, assessment, evaluation for risk and treatment, and
21monitoring the offender, based on that offender's ability to
22pay those costs either as they occur or under a payment plan.
23    (j) All fines and costs imposed under this Section for any
24violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
25Code, or a similar provision of a local ordinance, and any
26violation of the Child Passenger Protection Act, or a similar

 

 

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1provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under Section 27.5
3of the Clerks of Courts Act.
4    (k) Any offender who is sentenced to probation or
5conditional discharge for a felony sex offense as defined in
6the Sex Offender Management Board Act or any offense that the
7court or probation department has determined to be sexually
8motivated as defined in the Sex Offender Management Board Act
9shall be required to refrain from any contact, directly or
10indirectly, with any persons specified by the court and shall
11be available for all evaluations and treatment programs
12required by the court or the probation department.
13    (l) The court may order an offender who is sentenced to
14probation or conditional discharge for a violation of an order
15of protection be placed under electronic surveillance as
16provided in Section 5-8A-7 of this Code.
17(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
18eff. 7-27-15.)
 
19    Section 100. The Stalking No Contact Order Act is amended
20by changing Section 80 as follows:
 
21    (740 ILCS 21/80)
22    Sec. 80. Stalking no contact orders; remedies.
23    (a) If the court finds that the petitioner has been a
24victim of stalking, a stalking no contact order shall issue;

 

 

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1provided that the petitioner must also satisfy the requirements
2of Section 95 on emergency orders or Section 100 on plenary
3orders. The petitioner shall not be denied a stalking no
4contact order because the petitioner or the respondent is a
5minor. The court, when determining whether or not to issue a
6stalking no contact order, may not require physical injury on
7the person of the petitioner. Modification and extension of
8prior stalking no contact orders shall be in accordance with
9this Act.
10    (b) A stalking no contact order shall order one or more of
11the following:
12        (1) prohibit the respondent from threatening to commit
13    or committing stalking;
14        (2) order the respondent not to have any contact with
15    the petitioner or a third person specifically named by the
16    court;
17        (3) prohibit the respondent from knowingly coming
18    within, or knowingly remaining within a specified distance
19    of the petitioner or the petitioner's residence, school,
20    daycare, or place of employment, or any specified place
21    frequented by the petitioner; however, the court may order
22    the respondent to stay away from the respondent's own
23    residence, school, or place of employment only if the
24    respondent has been provided actual notice of the
25    opportunity to appear and be heard on the petition;
26        (4) prohibit the respondent from possessing a Firearm

 

 

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1    Owners Identification Card, or possessing or buying
2    firearms; and
3        (5) order other injunctive relief the court determines
4    to be necessary to protect the petitioner or third party
5    specifically named by the court.
6    (b-5) When the petitioner and the respondent attend the
7same public, private, or non-public elementary, middle, or high
8school, the court when issuing a stalking no contact order and
9providing relief shall consider the severity of the act, any
10continuing physical danger or emotional distress to the
11petitioner, the educational rights guaranteed to the
12petitioner and respondent under federal and State law, the
13availability of a transfer of the respondent to another school,
14a change of placement or a change of program of the respondent,
15the expense, difficulty, and educational disruption that would
16be caused by a transfer of the respondent to another school,
17and any other relevant facts of the case. The court may order
18that the respondent not attend the public, private, or
19non-public elementary, middle, or high school attended by the
20petitioner, order that the respondent accept a change of
21placement or program, as determined by the school district or
22private or non-public school, or place restrictions on the
23respondent's movements within the school attended by the
24petitioner. The respondent bears the burden of proving by a
25preponderance of the evidence that a transfer, change of
26placement, or change of program of the respondent is not

 

 

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1available. The respondent also bears the burden of production
2with respect to the expense, difficulty, and educational
3disruption that would be caused by a transfer of the respondent
4to another school. A transfer, change of placement, or change
5of program is not unavailable to the respondent solely on the
6ground that the respondent does not agree with the school
7district's or private or non-public school's transfer, change
8of placement, or change of program or solely on the ground that
9the respondent fails or refuses to consent to or otherwise does
10not take an action required to effectuate a transfer, change of
11placement, or change of program. When a court orders a
12respondent to stay away from the public, private, or non-public
13school attended by the petitioner and the respondent requests a
14transfer to another attendance center within the respondent's
15school district or private or non-public school, the school
16district or private or non-public school shall have sole
17discretion to determine the attendance center to which the
18respondent is transferred. In the event the court order results
19in a transfer of the minor respondent to another attendance
20center, a change in the respondent's placement, or a change of
21the respondent's program, the parents, guardian, or legal
22custodian of the respondent is responsible for transportation
23and other costs associated with the transfer or change.
24    (b-6) The court may order the parents, guardian, or legal
25custodian of a minor respondent to take certain actions or to
26refrain from taking certain actions to ensure that the

 

 

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1respondent complies with the order. In the event the court
2orders a transfer of the respondent to another school, the
3parents, guardian, or legal custodian of the respondent are
4responsible for transportation and other costs associated with
5the change of school by the respondent.
6    (b-7) The court shall not hold a school district or private
7or non-public school or any of its employees in civil or
8criminal contempt unless the school district or private or
9non-public school has been allowed to intervene.
10    (b-8) The court may hold the parents, guardian, or legal
11custodian of a minor respondent in civil or criminal contempt
12for a violation of any provision of any order entered under
13this Act for conduct of the minor respondent in violation of
14this Act if the parents, guardian, or legal custodian directed,
15encouraged, or assisted the respondent minor in such conduct.
16    (c) The court may award the petitioner costs and attorneys
17fees if a stalking no contact order is granted.
18    (d) Monetary damages are not recoverable as a remedy.
19    (e) If the stalking no contact order prohibits the
20respondent from possessing a Firearm Owner's Identification
21Card, or possessing or buying firearms; the court shall
22confiscate the respondent's firearms Firearm Owner's
23Identification Card and immediately return the card to the
24Department of State Police Firearm Owner's Identification Card
25Office.
26(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;

 

 

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197-1131, eff. 1-1-13.)
 
2    Section 105. The Mental Health and Developmental
3Disabilities Confidentiality Act is amended by changing
4Section 12 as follows:
 
5    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
6    Sec. 12. (a) If the United States Secret Service or the
7Department of State Police requests information from a mental
8health or developmental disability facility, as defined in
9Section 1-107 and 1-114 of the Mental Health and Developmental
10Disabilities Code, relating to a specific recipient and the
11facility director determines that disclosure of such
12information may be necessary to protect the life of, or to
13prevent the infliction of great bodily harm to, a public
14official, or a person under the protection of the United States
15Secret Service, only the following information may be
16disclosed: the recipient's name, address, and age and the date
17of any admission to or discharge from a facility; and any
18information which would indicate whether or not the recipient
19has a history of violence or presents a danger of violence to
20the person under protection. Any information so disclosed shall
21be used for investigative purposes only and shall not be
22publicly disseminated. Any person participating in good faith
23in the disclosure of such information in accordance with this
24provision shall have immunity from any liability, civil,

 

 

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1criminal or otherwise, if such information is disclosed relying
2upon the representation of an officer of the United States
3Secret Service or the Department of State Police that a person
4is under the protection of the United States Secret Service or
5is a public official.
6    For the purpose of this subsection (a), the term "public
7official" means the Governor, Lieutenant Governor, Attorney
8General, Secretary of State, State Comptroller, State
9Treasurer, member of the General Assembly, member of the United
10States Congress, Judge of the United States as defined in 28
11U.S.C. 451, Justice of the United States as defined in 28
12U.S.C. 451, United States Magistrate Judge as defined in 28
13U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
14Supreme, Appellate, Circuit, or Associate Judge of the State of
15Illinois. The term shall also include the spouse, child or
16children of a public official.
17    (b) The Department of Human Services (acting as successor
18to the Department of Mental Health and Developmental
19Disabilities) and all public or private hospitals and mental
20health facilities are required, as hereafter described in this
21subsection, to furnish the Department of State Police only such
22information as may be required for the sole purpose of
23determining whether an individual who may be or may have been a
24patient is disqualified because of that status from receiving
25or retaining a firearm under paragraph (4) of subsection (a) of
26Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's

 

 

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1Identification Card or falls within the federal prohibitors
2under subsection (e), (f), (g), (r), (s), or (t) of Section 8
3of the Firearm Owners Identification Card Act, or falls within
4the federal prohibitors in 18 U.S.C. 922(g) and (n). All
5physicians, clinical psychologists, or qualified examiners at
6public or private mental health facilities or parts thereof as
7defined in this subsection shall, in the form and manner
8required by the Department, provide notice directly to the
9Department of Human Services, or to his or her employer who
10shall then report to the Department, within 24 hours after
11determining that a person poses a clear and present danger to
12himself, herself, or others, or within 7 days after a person 14
13years or older is determined to be a person with a
14developmental disability by a physician, clinical
15psychologist, or qualified examiner as described in this
16subsection (b) Section 1.1 of the Firearm Owners Identification
17Card Act. If a person is a patient as described in clause
18(2)(A) (1) of the definition of "patient" in this subsection
19(b) Section 1.1 of the Firearm Owners Identification Card Act,
20this information shall be furnished within 7 days after
21admission to a public or private hospital or mental health
22facility or the provision of services. Any such information
23disclosed under this subsection shall remain privileged and
24confidential, and shall not be redisclosed, except as required
25by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
26subsection (e) of Section 3.1 of the Firearm Owners

 

 

HB5650- 261 -LRB099 18253 SLF 42623 b

1Identification Card Act, nor utilized for any other purpose.
2The method of requiring the providing of such information shall
3guarantee that no information is released beyond what is
4necessary for this purpose. In addition, the information
5disclosed shall be provided by the Department within the time
6period established by Section 24-3 of the Criminal Code of 2012
7regarding the delivery of firearms. The method used shall be
8sufficient to provide the necessary information within the
9prescribed time period, which may include periodically
10providing lists to the Department of Human Services or any
11public or private hospital or mental health facility of Firearm
12Owner's Identification Card applicants for firearm purchases
13on which the Department or hospital shall indicate the
14identities of those individuals who are to its knowledge
15disqualified from having a firearm Firearm Owner's
16Identification Card for reasons described herein. The
17Department may provide for a centralized source of information
18for the State on this subject under its jurisdiction. The
19identity of the person reporting under this subsection shall
20not be disclosed to the subject of the report. For the purposes
21of this subsection, the physician, clinical psychologist, or
22qualified examiner making the determination and his or her
23employer shall not be held criminally, civilly, or
24professionally liable for making or not making the notification
25required under this subsection, except for willful or wanton
26misconduct.

 

 

HB5650- 262 -LRB099 18253 SLF 42623 b

1    Any person, institution, or agency, under this Act,
2participating in good faith in the reporting or disclosure of
3records and communications otherwise in accordance with this
4provision or with rules, regulations or guidelines issued by
5the Department shall have immunity from any liability, civil,
6criminal or otherwise, that might result by reason of the
7action. For the purpose of any proceeding, civil or criminal,
8arising out of a report or disclosure in accordance with this
9provision, the good faith of any person, institution, or agency
10so reporting or disclosing shall be presumed. The full extent
11of the immunity provided in this subsection (b) shall apply to
12any person, institution or agency that fails to make a report
13or disclosure in the good faith belief that the report or
14disclosure would violate federal regulations governing the
15confidentiality of alcohol and drug abuse patient records
16implementing 42 U.S.C. 290dd-3 and 290ee-3.
17    For purposes of this subsection (b) only, the following
18terms shall have the meaning prescribed:
19        (1) (Blank).
20        (1.3) "Clear and present danger" has the meaning as
21    defined in Section 6-103.3 of the Mental Health and
22    Developmental Disabilities Code 1.1 of the Firearm Owners
23    Identification Card Act.
24        (1.5) "Person with a developmental disability" means a
25    disability which is attributable to any other condition
26    which results in impairment similar to that caused by an

 

 

HB5650- 263 -LRB099 18253 SLF 42623 b

1    intellectual disability and which requires services
2    similar to those required by intellectually disabled
3    persons. The disability must originate before the age of 18
4    years, be expected to continue indefinitely, and
5    constitute a substantial handicap has the meaning as
6    defined in Section 1.1 of the Firearm Owners Identification
7    Card Act.
8        (2) "Patient" means (A) a person who voluntarily
9    receives mental health treatment as an in-patient or
10    resident of any public or private mental health facility,
11    unless the treatment was solely for an alcohol abuse
12    disorder and no other secondary substance abuse disorder or
13    mental illness; or (B) a person who voluntarily receives
14    mental health treatment as an out-patient or is provided
15    services by a public or private mental health facility, and
16    who poses a clear and present danger to himself, herself,
17    or to others has the meaning as defined in Section 1.1 of
18    the Firearm Owners Identification Card Act.
19        (3) "Mental health facility" means any licensed
20    private hospital or hospital affiliate, institution, or
21    facility, or part thereof, and any facility, or part
22    thereof, operated by the State or a political subdivision
23    thereof which provide treatment of persons with mental
24    illness and includes all hospitals, institutions, clinics,
25    evaluation facilities, mental health centers, colleges,
26    universities, long-term care facilities, and nursing

 

 

HB5650- 264 -LRB099 18253 SLF 42623 b

1    homes, or parts thereof, which provide treatment of persons
2    with mental illness whether or not the primary purpose is
3    to provide treatment of persons with mental illness has the
4    meaning as defined in Section 1.1 of the Firearm Owners
5    Identification Card Act.
6    (c) Upon the request of a peace officer who takes a person
7into custody and transports such person to a mental health or
8developmental disability facility pursuant to Section 3-606 or
94-404 of the Mental Health and Developmental Disabilities Code
10or who transports a person from such facility, a facility
11director shall furnish said peace officer the name, address,
12age and name of the nearest relative of the person transported
13to or from the mental health or developmental disability
14facility. In no case shall the facility director disclose to
15the peace officer any information relating to the diagnosis,
16treatment or evaluation of the person's mental or physical
17health.
18    For the purposes of this subsection (c), the terms "mental
19health or developmental disability facility", "peace officer"
20and "facility director" shall have the meanings ascribed to
21them in the Mental Health and Developmental Disabilities Code.
22    (d) Upon the request of a peace officer or prosecuting
23authority who is conducting a bona fide investigation of a
24criminal offense, or attempting to apprehend a fugitive from
25justice, a facility director may disclose whether a person is
26present at the facility. Upon request of a peace officer or

 

 

HB5650- 265 -LRB099 18253 SLF 42623 b

1prosecuting authority who has a valid forcible felony warrant
2issued, a facility director shall disclose: (1) whether the
3person who is the subject of the warrant is present at the
4facility and (2) the date of that person's discharge or future
5discharge from the facility. The requesting peace officer or
6prosecuting authority must furnish a case number and the
7purpose of the investigation or an outstanding arrest warrant
8at the time of the request. Any person, institution, or agency
9participating in good faith in disclosing such information in
10accordance with this subsection (d) is immune from any
11liability, civil, criminal or otherwise, that might result by
12reason of the action.
13(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
14eff. 7-27-15; revised 10-22-15.)
 
15    Section 110. The Illinois Domestic Violence Act of 1986 is
16amended by changing Section 214 as follows:
 
17    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
18    Sec. 214. Order of protection; remedies.
19    (a) Issuance of order. If the court finds that petitioner
20has been abused by a family or household member or that
21petitioner is a high-risk adult who has been abused, neglected,
22or exploited, as defined in this Act, an order of protection
23prohibiting the abuse, neglect, or exploitation shall issue;
24provided that petitioner must also satisfy the requirements of

 

 

HB5650- 266 -LRB099 18253 SLF 42623 b

1one of the following Sections, as appropriate: Section 217 on
2emergency orders, Section 218 on interim orders, or Section 219
3on plenary orders. Petitioner shall not be denied an order of
4protection because petitioner or respondent is a minor. The
5court, when determining whether or not to issue an order of
6protection, shall not require physical manifestations of abuse
7on the person of the victim. Modification and extension of
8prior orders of protection shall be in accordance with this
9Act.
10    (b) Remedies and standards. The remedies to be included in
11an order of protection shall be determined in accordance with
12this Section and one of the following Sections, as appropriate:
13Section 217 on emergency orders, Section 218 on interim orders,
14and Section 219 on plenary orders. The remedies listed in this
15subsection shall be in addition to other civil or criminal
16remedies available to petitioner.
17        (1) Prohibition of abuse, neglect, or exploitation.
18    Prohibit respondent's harassment, interference with
19    personal liberty, intimidation of a dependent, physical
20    abuse, or willful deprivation, neglect or exploitation, as
21    defined in this Act, or stalking of the petitioner, as
22    defined in Section 12-7.3 of the Criminal Code of 2012, if
23    such abuse, neglect, exploitation, or stalking has
24    occurred or otherwise appears likely to occur if not
25    prohibited.
26        (2) Grant of exclusive possession of residence.

 

 

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1    Prohibit respondent from entering or remaining in any
2    residence, household, or premises of the petitioner,
3    including one owned or leased by respondent, if petitioner
4    has a right to occupancy thereof. The grant of exclusive
5    possession of the residence, household, or premises shall
6    not affect title to real property, nor shall the court be
7    limited by the standard set forth in Section 701 of the
8    Illinois Marriage and Dissolution of Marriage Act.
9            (A) Right to occupancy. A party has a right to
10        occupancy of a residence or household if it is solely
11        or jointly owned or leased by that party, that party's
12        spouse, a person with a legal duty to support that
13        party or a minor child in that party's care, or by any
14        person or entity other than the opposing party that
15        authorizes that party's occupancy (e.g., a domestic
16        violence shelter). Standards set forth in subparagraph
17        (B) shall not preclude equitable relief.
18            (B) Presumption of hardships. If petitioner and
19        respondent each has the right to occupancy of a
20        residence or household, the court shall balance (i) the
21        hardships to respondent and any minor child or
22        dependent adult in respondent's care resulting from
23        entry of this remedy with (ii) the hardships to
24        petitioner and any minor child or dependent adult in
25        petitioner's care resulting from continued exposure to
26        the risk of abuse (should petitioner remain at the

 

 

HB5650- 268 -LRB099 18253 SLF 42623 b

1        residence or household) or from loss of possession of
2        the residence or household (should petitioner leave to
3        avoid the risk of abuse). When determining the balance
4        of hardships, the court shall also take into account
5        the accessibility of the residence or household.
6        Hardships need not be balanced if respondent does not
7        have a right to occupancy.
8            The balance of hardships is presumed to favor
9        possession by petitioner unless the presumption is
10        rebutted by a preponderance of the evidence, showing
11        that the hardships to respondent substantially
12        outweigh the hardships to petitioner and any minor
13        child or dependent adult in petitioner's care. The
14        court, on the request of petitioner or on its own
15        motion, may order respondent to provide suitable,
16        accessible, alternate housing for petitioner instead
17        of excluding respondent from a mutual residence or
18        household.
19        (3) Stay away order and additional prohibitions. Order
20    respondent to stay away from petitioner or any other person
21    protected by the order of protection, or prohibit
22    respondent from entering or remaining present at
23    petitioner's school, place of employment, or other
24    specified places at times when petitioner is present, or
25    both, if reasonable, given the balance of hardships.
26    Hardships need not be balanced for the court to enter a

 

 

HB5650- 269 -LRB099 18253 SLF 42623 b

1    stay away order or prohibit entry if respondent has no
2    right to enter the premises.
3            (A) If an order of protection grants petitioner
4        exclusive possession of the residence, or prohibits
5        respondent from entering the residence, or orders
6        respondent to stay away from petitioner or other
7        protected persons, then the court may allow respondent
8        access to the residence to remove items of clothing and
9        personal adornment used exclusively by respondent,
10        medications, and other items as the court directs. The
11        right to access shall be exercised on only one occasion
12        as the court directs and in the presence of an
13        agreed-upon adult third party or law enforcement
14        officer.
15            (B) When the petitioner and the respondent attend
16        the same public, private, or non-public elementary,
17        middle, or high school, the court when issuing an order
18        of protection and providing relief shall consider the
19        severity of the act, any continuing physical danger or
20        emotional distress to the petitioner, the educational
21        rights guaranteed to the petitioner and respondent
22        under federal and State law, the availability of a
23        transfer of the respondent to another school, a change
24        of placement or a change of program of the respondent,
25        the expense, difficulty, and educational disruption
26        that would be caused by a transfer of the respondent to

 

 

HB5650- 270 -LRB099 18253 SLF 42623 b

1        another school, and any other relevant facts of the
2        case. The court may order that the respondent not
3        attend the public, private, or non-public elementary,
4        middle, or high school attended by the petitioner,
5        order that the respondent accept a change of placement
6        or change of program, as determined by the school
7        district or private or non-public school, or place
8        restrictions on the respondent's movements within the
9        school attended by the petitioner. The respondent
10        bears the burden of proving by a preponderance of the
11        evidence that a transfer, change of placement, or
12        change of program of the respondent is not available.
13        The respondent also bears the burden of production with
14        respect to the expense, difficulty, and educational
15        disruption that would be caused by a transfer of the
16        respondent to another school. A transfer, change of
17        placement, or change of program is not unavailable to
18        the respondent solely on the ground that the respondent
19        does not agree with the school district's or private or
20        non-public school's transfer, change of placement, or
21        change of program or solely on the ground that the
22        respondent fails or refuses to consent or otherwise
23        does not take an action required to effectuate a
24        transfer, change of placement, or change of program.
25        When a court orders a respondent to stay away from the
26        public, private, or non-public school attended by the

 

 

HB5650- 271 -LRB099 18253 SLF 42623 b

1        petitioner and the respondent requests a transfer to
2        another attendance center within the respondent's
3        school district or private or non-public school, the
4        school district or private or non-public school shall
5        have sole discretion to determine the attendance
6        center to which the respondent is transferred. In the
7        event the court order results in a transfer of the
8        minor respondent to another attendance center, a
9        change in the respondent's placement, or a change of
10        the respondent's program, the parents, guardian, or
11        legal custodian of the respondent is responsible for
12        transportation and other costs associated with the
13        transfer or change.
14            (C) The court may order the parents, guardian, or
15        legal custodian of a minor respondent to take certain
16        actions or to refrain from taking certain actions to
17        ensure that the respondent complies with the order. In
18        the event the court orders a transfer of the respondent
19        to another school, the parents, guardian, or legal
20        custodian of the respondent is responsible for
21        transportation and other costs associated with the
22        change of school by the respondent.
23        (4) Counseling. Require or recommend the respondent to
24    undergo counseling for a specified duration with a social
25    worker, psychologist, clinical psychologist, psychiatrist,
26    family service agency, alcohol or substance abuse program,

 

 

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1    mental health center guidance counselor, agency providing
2    services to elders, program designed for domestic violence
3    abusers or any other guidance service the court deems
4    appropriate. The Court may order the respondent in any
5    intimate partner relationship to report to an Illinois
6    Department of Human Services protocol approved partner
7    abuse intervention program for an assessment and to follow
8    all recommended treatment.
9        (5) Physical care and possession of the minor child. In
10    order to protect the minor child from abuse, neglect, or
11    unwarranted separation from the person who has been the
12    minor child's primary caretaker, or to otherwise protect
13    the well-being of the minor child, the court may do either
14    or both of the following: (i) grant petitioner physical
15    care or possession of the minor child, or both, or (ii)
16    order respondent to return a minor child to, or not remove
17    a minor child from, the physical care of a parent or person
18    in loco parentis.
19        If a court finds, after a hearing, that respondent has
20    committed abuse (as defined in Section 103) of a minor
21    child, there shall be a rebuttable presumption that
22    awarding physical care to respondent would not be in the
23    minor child's best interest.
24        (6) Temporary allocation of parental responsibilities:
25    significant decision-making. Award temporary
26    decision-making responsibility to petitioner in accordance

 

 

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1    with this Section, the Illinois Marriage and Dissolution of
2    Marriage Act, the Illinois Parentage Act of 2015, and this
3    State's Uniform Child-Custody Jurisdiction and Enforcement
4    Act.
5        If a court finds, after a hearing, that respondent has
6    committed abuse (as defined in Section 103) of a minor
7    child, there shall be a rebuttable presumption that
8    awarding temporary significant decision-making
9    responsibility to respondent would not be in the child's
10    best interest.
11        (7) Parenting time. Determine the parenting time, if
12    any, of respondent in any case in which the court awards
13    physical care or allocates temporary significant
14    decision-making responsibility of a minor child to
15    petitioner. The court shall restrict or deny respondent's
16    parenting time with a minor child if the court finds that
17    respondent has done or is likely to do any of the
18    following: (i) abuse or endanger the minor child during
19    parenting time; (ii) use the parenting time as an
20    opportunity to abuse or harass petitioner or petitioner's
21    family or household members; (iii) improperly conceal or
22    detain the minor child; or (iv) otherwise act in a manner
23    that is not in the best interests of the minor child. The
24    court shall not be limited by the standards set forth in
25    Section 603.10 of the Illinois Marriage and Dissolution of
26    Marriage Act. If the court grants parenting time, the order

 

 

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1    shall specify dates and times for the parenting time to
2    take place or other specific parameters or conditions that
3    are appropriate. No order for parenting time shall refer
4    merely to the term "reasonable parenting time".
5        Petitioner may deny respondent access to the minor
6    child if, when respondent arrives for parenting time,
7    respondent is under the influence of drugs or alcohol and
8    constitutes a threat to the safety and well-being of
9    petitioner or petitioner's minor children or is behaving in
10    a violent or abusive manner.
11        If necessary to protect any member of petitioner's
12    family or household from future abuse, respondent shall be
13    prohibited from coming to petitioner's residence to meet
14    the minor child for parenting time, and the parties shall
15    submit to the court their recommendations for reasonable
16    alternative arrangements for parenting time. A person may
17    be approved to supervise parenting time only after filing
18    an affidavit accepting that responsibility and
19    acknowledging accountability to the court.
20        (8) Removal or concealment of minor child. Prohibit
21    respondent from removing a minor child from the State or
22    concealing the child within the State.
23        (9) Order to appear. Order the respondent to appear in
24    court, alone or with a minor child, to prevent abuse,
25    neglect, removal or concealment of the child, to return the
26    child to the custody or care of the petitioner or to permit

 

 

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1    any court-ordered interview or examination of the child or
2    the respondent.
3        (10) Possession of personal property. Grant petitioner
4    exclusive possession of personal property and, if
5    respondent has possession or control, direct respondent to
6    promptly make it available to petitioner, if:
7            (i) petitioner, but not respondent, owns the
8        property; or
9            (ii) the parties own the property jointly; sharing
10        it would risk abuse of petitioner by respondent or is
11        impracticable; and the balance of hardships favors
12        temporary possession by petitioner.
13        If petitioner's sole claim to ownership of the property
14    is that it is marital property, the court may award
15    petitioner temporary possession thereof under the
16    standards of subparagraph (ii) of this paragraph only if a
17    proper proceeding has been filed under the Illinois
18    Marriage and Dissolution of Marriage Act, as now or
19    hereafter amended.
20        No order under this provision shall affect title to
21    property.
22        (11) Protection of property. Forbid the respondent
23    from taking, transferring, encumbering, concealing,
24    damaging or otherwise disposing of any real or personal
25    property, except as explicitly authorized by the court, if:
26            (i) petitioner, but not respondent, owns the

 

 

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1        property; or
2            (ii) the parties own the property jointly, and the
3        balance of hardships favors granting this remedy.
4        If petitioner's sole claim to ownership of the property
5    is that it is marital property, the court may grant
6    petitioner relief under subparagraph (ii) of this
7    paragraph only if a proper proceeding has been filed under
8    the Illinois Marriage and Dissolution of Marriage Act, as
9    now or hereafter amended.
10        The court may further prohibit respondent from
11    improperly using the financial or other resources of an
12    aged member of the family or household for the profit or
13    advantage of respondent or of any other person.
14        (11.5) Protection of animals. Grant the petitioner the
15    exclusive care, custody, or control of any animal owned,
16    possessed, leased, kept, or held by either the petitioner
17    or the respondent or a minor child residing in the
18    residence or household of either the petitioner or the
19    respondent and order the respondent to stay away from the
20    animal and forbid the respondent from taking,
21    transferring, encumbering, concealing, harming, or
22    otherwise disposing of the animal.
23        (12) Order for payment of support. Order respondent to
24    pay temporary support for the petitioner or any child in
25    the petitioner's care or over whom the petitioner has been
26    allocated parental responsibility, when the respondent has

 

 

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1    a legal obligation to support that person, in accordance
2    with the Illinois Marriage and Dissolution of Marriage Act,
3    which shall govern, among other matters, the amount of
4    support, payment through the clerk and withholding of
5    income to secure payment. An order for child support may be
6    granted to a petitioner with lawful physical care of a
7    child, or an order or agreement for physical care of a
8    child, prior to entry of an order allocating significant
9    decision-making responsibility. Such a support order shall
10    expire upon entry of a valid order allocating parental
11    responsibility differently and vacating the petitioner's
12    significant decision-making authority, unless otherwise
13    provided in the order.
14        (13) Order for payment of losses. Order respondent to
15    pay petitioner for losses suffered as a direct result of
16    the abuse, neglect, or exploitation. Such losses shall
17    include, but not be limited to, medical expenses, lost
18    earnings or other support, repair or replacement of
19    property damaged or taken, reasonable attorney's fees,
20    court costs and moving or other travel expenses, including
21    additional reasonable expenses for temporary shelter and
22    restaurant meals.
23            (i) Losses affecting family needs. If a party is
24        entitled to seek maintenance, child support or
25        property distribution from the other party under the
26        Illinois Marriage and Dissolution of Marriage Act, as

 

 

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1        now or hereafter amended, the court may order
2        respondent to reimburse petitioner's actual losses, to
3        the extent that such reimbursement would be
4        "appropriate temporary relief", as authorized by
5        subsection (a)(3) of Section 501 of that Act.
6            (ii) Recovery of expenses. In the case of an
7        improper concealment or removal of a minor child, the
8        court may order respondent to pay the reasonable
9        expenses incurred or to be incurred in the search for
10        and recovery of the minor child, including but not
11        limited to legal fees, court costs, private
12        investigator fees, and travel costs.
13        (14) Prohibition of entry. Prohibit the respondent
14    from entering or remaining in the residence or household
15    while the respondent is under the influence of alcohol or
16    drugs and constitutes a threat to the safety and well-being
17    of the petitioner or the petitioner's children.
18        (14.5) Prohibition of firearm possession.
19            (a) Prohibit a respondent against whom an order of
20        protection was issued from possessing any firearms
21        during the duration of the order if the order:
22                (1) was issued after a hearing of which such
23            person received actual notice, and at which such
24            person had an opportunity to participate;
25                (2) restrains such person from harassing,
26            stalking, or threatening an intimate partner of

 

 

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1            such person or child of such intimate partner or
2            person, or engaging in other conduct that would
3            place an intimate partner in reasonable fear of
4            bodily injury to the partner or child; and
5                (3)(i) includes a finding that such person
6            represents a credible threat to the physical
7            safety of such intimate partner or child; or (ii)
8            by its terms explicitly prohibits the use,
9            attempted use, or threatened use of physical force
10            against such intimate partner or child that would
11            reasonably be expected to cause bodily injury.
12        Any Firearm Owner's Identification Card in the
13        possession of the respondent, except as provided in
14        subsection (b), shall be ordered by the court to be
15        turned over to the local law enforcement agency. The
16        local law enforcement agency shall immediately mail
17        the card to the Department of State Police Firearm
18        Owner's Identification Card Office for safekeeping.
19        The court shall issue a warrant for seizure of any
20        firearm in the possession of the respondent, to be kept
21        by the local law enforcement agency for safekeeping,
22        except as provided in subsection (b). The period of
23        safekeeping shall be for the duration of the order of
24        protection. The firearm or firearms and Firearm
25        Owner's Identification Card, if unexpired, shall at
26        the respondent's request, be returned to the

 

 

HB5650- 280 -LRB099 18253 SLF 42623 b

1        respondent at the end of the order of protection. It is
2        the respondent's responsibility to notify the
3        Department of State Police Firearm Owner's
4        Identification Card Office.
5            (b) If the respondent is a peace officer as defined
6        in Section 2-13 of the Criminal Code of 2012, the court
7        shall order that any firearms used by the respondent in
8        the performance of his or her duties as a peace officer
9        be surrendered to the chief law enforcement executive
10        of the agency in which the respondent is employed, who
11        shall retain the firearms for safekeeping for the
12        duration of the order of protection.
13            (c) Upon expiration of the period of safekeeping,
14        if the firearms or Firearm Owner's Identification Card
15        cannot be returned to respondent because respondent
16        cannot be located, fails to respond to requests to
17        retrieve the firearms, or is not lawfully eligible to
18        possess a firearm, upon petition from the local law
19        enforcement agency, the court may order the local law
20        enforcement agency to destroy the firearms, use the
21        firearms for training purposes, or for any other
22        application as deemed appropriate by the local law
23        enforcement agency; or that the firearms be turned over
24        to a third party who is lawfully eligible to possess
25        firearms, and who does not reside with respondent.
26        (15) Prohibition of access to records. If an order of

 

 

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1    protection prohibits respondent from having contact with
2    the minor child, or if petitioner's address is omitted
3    under subsection (b) of Section 203, or if necessary to
4    prevent abuse or wrongful removal or concealment of a minor
5    child, the order shall deny respondent access to, and
6    prohibit respondent from inspecting, obtaining, or
7    attempting to inspect or obtain, school or any other
8    records of the minor child who is in the care of
9    petitioner.
10        (16) Order for payment of shelter services. Order
11    respondent to reimburse a shelter providing temporary
12    housing and counseling services to the petitioner for the
13    cost of the services, as certified by the shelter and
14    deemed reasonable by the court.
15        (17) Order for injunctive relief. Enter injunctive
16    relief necessary or appropriate to prevent further abuse of
17    a family or household member or further abuse, neglect, or
18    exploitation of a high-risk adult with disabilities or to
19    effectuate one of the granted remedies, if supported by the
20    balance of hardships. If the harm to be prevented by the
21    injunction is abuse or any other harm that one of the
22    remedies listed in paragraphs (1) through (16) of this
23    subsection is designed to prevent, no further evidence is
24    necessary that the harm is an irreparable injury.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,

 

 

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1    other than payment of support, the court shall consider
2    relevant factors, including but not limited to the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse, neglect
6        or exploitation of the petitioner or any family or
7        household member, including the concealment of his or
8        her location in order to evade service of process or
9        notice, and the likelihood of danger of future abuse,
10        neglect, or exploitation to petitioner or any member of
11        petitioner's or respondent's family or household; and
12            (ii) the danger that any minor child will be abused
13        or neglected or improperly relocated from the
14        jurisdiction, improperly concealed within the State or
15        improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including but not
20    limited to the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location and other characteristics of
23        alternate housing for each party and any minor child or
24        dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

HB5650- 283 -LRB099 18253 SLF 42623 b

1        and any minor child or dependent adult in the party's
2        care, to family, school, church and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection, the court shall make its findings
5    in an official record or in writing, and shall at a minimum
6    set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2) of
9        this subsection.
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) For purposes of issuing an ex parte emergency order
17    of protection, the court, as an alternative to or as a
18    supplement to making the findings described in paragraphs
19    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
20    the following procedure:
21        When a verified petition for an emergency order of
22    protection in accordance with the requirements of Sections
23    203 and 217 is presented to the court, the court shall
24    examine petitioner on oath or affirmation. An emergency
25    order of protection shall be issued by the court if it
26    appears from the contents of the petition and the

 

 

HB5650- 284 -LRB099 18253 SLF 42623 b

1    examination of petitioner that the averments are
2    sufficient to indicate abuse by respondent and to support
3    the granting of relief under the issuance of the emergency
4    order of protection.
5        (5) Never married parties. No rights or
6    responsibilities for a minor child born outside of marriage
7    attach to a putative father until a father and child
8    relationship has been established under the Illinois
9    Parentage Act of 1984, the Illinois Parentage Act of 2015,
10    the Illinois Public Aid Code, Section 12 of the Vital
11    Records Act, the Juvenile Court Act of 1987, the Probate
12    Act of 1985, the Revised Uniform Reciprocal Enforcement of
13    Support Act, the Uniform Interstate Family Support Act, the
14    Expedited Child Support Act of 1990, any judicial,
15    administrative, or other act of another state or territory,
16    any other Illinois statute, or by any foreign nation
17    establishing the father and child relationship, any other
18    proceeding substantially in conformity with the Personal
19    Responsibility and Work Opportunity Reconciliation Act of
20    1996 (Pub. L. 104-193), or where both parties appeared in
21    open court or at an administrative hearing acknowledging
22    under oath or admitting by affirmation the existence of a
23    father and child relationship. Absent such an
24    adjudication, finding, or acknowledgement, no putative
25    father shall be granted temporary allocation of parental
26    responsibilities, including parenting time with the minor

 

 

HB5650- 285 -LRB099 18253 SLF 42623 b

1    child, or physical care and possession of the minor child,
2    nor shall an order of payment for support of the minor
3    child be entered.
4    (d) Balance of hardships; findings. If the court finds that
5the balance of hardships does not support the granting of a
6remedy governed by paragraph (2), (3), (10), (11), or (16) of
7subsection (b) of this Section, which may require such
8balancing, the court's findings shall so indicate and shall
9include a finding as to whether granting the remedy will result
10in hardship to respondent that would substantially outweigh the
11hardship to petitioner from denial of the remedy. The findings
12shall be an official record or in writing.
13    (e) Denial of remedies. Denial of any remedy shall not be
14based, in whole or in part, on evidence that:
15        (1) Respondent has cause for any use of force, unless
16    that cause satisfies the standards for justifiable use of
17    force provided by Article 7 of the Criminal Code of 2012;
18        (2) Respondent was voluntarily intoxicated;
19        (3) Petitioner acted in self-defense or defense of
20    another, provided that, if petitioner utilized force, such
21    force was justifiable under Article 7 of the Criminal Code
22    of 2012;
23        (4) Petitioner did not act in self-defense or defense
24    of another;
25        (5) Petitioner left the residence or household to avoid
26    further abuse, neglect, or exploitation by respondent;

 

 

HB5650- 286 -LRB099 18253 SLF 42623 b

1        (6) Petitioner did not leave the residence or household
2    to avoid further abuse, neglect, or exploitation by
3    respondent;
4        (7) Conduct by any family or household member excused
5    the abuse, neglect, or exploitation by respondent, unless
6    that same conduct would have excused such abuse, neglect,
7    or exploitation if the parties had not been family or
8    household members.
9(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; revised
1010-19-15.)
 
11    Section 115. The Uniform Disposition of Unclaimed Property
12Act is amended by changing Section 1 as follows:
 
13    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
14    Sec. 1. As used in this Act, unless the context otherwise
15requires:
16    (a) "Banking organization" means any bank, trust company,
17savings bank, industrial bank, land bank, safe deposit company,
18or a private banker.
19    (b) "Business association" means any corporation, joint
20stock company, business trust, partnership, or any
21association, limited liability company, or other business
22entity consisting of one or more persons, whether or not for
23profit.
24    (c) "Financial organization" means any savings and loan

 

 

HB5650- 287 -LRB099 18253 SLF 42623 b

1association, building and loan association, credit union,
2currency exchange, co-operative bank, mutual funds, or
3investment company.
4    (d) "Holder" means any person in possession of property
5subject to this Act belonging to another, or who is trustee in
6case of a trust, or is indebted to another on an obligation
7subject to this Act.
8    (e) "Life insurance corporation" means any association or
9corporation transacting the business of insurance on the lives
10of persons or insurance appertaining thereto, including, but
11not by way of limitation, endowments and annuities.
12    (f) "Owner" means a depositor in case of a deposit, a
13beneficiary in case of a trust, a creditor, claimant, or payee
14in case of other property, or any person having a legal or
15equitable interest in property subject to this Act, or his
16legal representative.
17    (g) "Person" means any individual, business association,
18financial organization, government or political subdivision or
19agency, public authority, estate, trust, or any other legal or
20commercial entity.
21    (h) "Utility" means any person who owns or operates, for
22public use, any plant, equipment, property, franchise, or
23license for the transmission of communications or the
24production, storage, transmission, sale, delivery, or
25furnishing of electricity, water, steam, oil or gas.
26    (i) (Blank).

 

 

HB5650- 288 -LRB099 18253 SLF 42623 b

1    (j) "Insurance company" means any person transacting the
2kinds of business enumerated in Section 4 of the Illinois
3Insurance Code other than life insurance.
4    (k) "Economic loss", as used in Sections 2a and 9 of this
5Act includes, but is not limited to, delivery charges,
6mark-downs and write-offs, carrying costs, restocking charges,
7lay-aways, special orders, issuance of credit memos, and the
8costs of special services or goods provided that reduce the
9property value or that result in lost sales opportunity.
10    (l) "Reportable property" means property, tangible or
11intangible, presumed abandoned under this Act that must be
12appropriately and timely reported and remitted to the Office of
13the State Treasurer under this Act. Interest, dividends, stock
14splits, warrants, or other rights that become reportable
15property under this Act include the underlying security or
16commodity giving rise to the interest, dividend, split,
17warrant, or other right to which the owner would be entitled.
18    (m) "Firearm" has the meaning ascribed to that term in
19Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
20Identification Card Act.
21(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
22eff. 6-2-00.)
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.

 

 

HB5650- 289 -LRB099 18253 SLF 42623 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5    20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6    20 ILCS 2605/2605-595
7    20 ILCS 2605/2605-120 rep.
8    20 ILCS 2630/2.2
9    30 ILCS 105/6z-99
10    50 ILCS 710/1from Ch. 85, par. 515
11    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12    105 ILCS 5/10-27.1A
13    105 ILCS 5/34-8.05
14    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15    225 ILCS 447/35-30
16    225 ILCS 447/35-35
17    405 ILCS 5/6-103.1
18    405 ILCS 5/6-103.2
19    405 ILCS 5/6-103.3
20    410 ILCS 45/2from Ch. 111 1/2, par. 1302
21    430 ILCS 65/Act rep.
22    430 ILCS 66/25
23    430 ILCS 66/30
24    430 ILCS 66/40
25    430 ILCS 66/70

 

 

HB5650- 290 -LRB099 18253 SLF 42623 b

1    430 ILCS 66/80
2    430 ILCS 66/105
3    520 ILCS 5/3.2from Ch. 61, par. 3.2
4    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5    705 ILCS 105/27.3a
6    720 ILCS 5/2-7.1
7    720 ILCS 5/2-7.5
8    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9    720 ILCS 5/16-0.1
10    720 ILCS 5/17-30was 720 ILCS 5/16C-2
11    720 ILCS 5/24-1from Ch. 38, par. 24-1
12    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13    720 ILCS 5/24-1.6
14    720 ILCS 5/24-1.8
15    720 ILCS 5/24-2
16    720 ILCS 5/24-3from Ch. 38, par. 24-3
17    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
18    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
19    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
20    720 ILCS 5/24-3.5
21    720 ILCS 5/24-4.1
22    720 ILCS 5/24-4.5 new
23    720 ILCS 5/24-9
24    720 ILCS 646/10
25    725 ILCS 5/110-10from Ch. 38, par. 110-10
26    725 ILCS 5/112A-11.1

 

 

HB5650- 291 -LRB099 18253 SLF 42623 b

1    725 ILCS 5/112A-11.2
2    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
3    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
4    730 ILCS 5/5-5-3.2
5    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
6    740 ILCS 21/80
7    740 ILCS 110/12from Ch. 91 1/2, par. 812
8    750 ILCS 60/214from Ch. 40, par. 2312-14
9    765 ILCS 1025/1from Ch. 141, par. 101