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Full Text of SB2835  97th General Assembly

SB2835 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2835

 

Introduced 1/24/2012, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2
730 ILCS 5/3-2-12 new

    Amends the Criminal Code of 1961 and the Unified Code of Corrections. Permits currently employed and retired State correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning correctional officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance of
3    the duties of their employment or commuting between their
4    homes and places of employment; and watchmen while actually
5    engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by an agency certified by the Department of
10    Professional Regulation, if their duties include the
11    carrying of a weapon under the provisions of the Private
12    Detective, Private Alarm, Private Security, Fingerprint
13    Vendor, and Locksmith Act of 2004, while actually engaged
14    in the performance of the duties of their employment or
15    commuting between their homes and places of employment,
16    provided that such commuting is accomplished within one
17    hour from departure from home or place of employment, as
18    the case may be. Persons exempted under this subdivision
19    (a)(5) shall be required to have completed a course of
20    study in firearms handling and training approved and
21    supervised by the Department of Professional Regulation as
22    prescribed by Section 28 of the Private Detective, Private
23    Alarm, Private Security, Fingerprint Vendor, and Locksmith
24    Act of 2004, prior to becoming eligible for this exemption.
25    The Department of Professional Regulation shall provide
26    suitable documentation demonstrating the successful

 

 

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

 

 

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1    Locksmith Act of 2004. Such firearm control card shall be
2    carried by the security guard at all times when he or she
3    is in possession of a concealable weapon.
4        (7) Agents and investigators of the Illinois
5    Legislative Investigating Commission authorized by the
6    Commission to carry the weapons specified in subsections
7    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8    any investigation for the Commission.
9        (8) Persons employed by a financial institution for the
10    protection of other employees and property related to such
11    financial institution, while actually engaged in the
12    performance of their duties, commuting between their homes
13    and places of employment, or traveling between sites or
14    properties owned or operated by such financial
15    institution, provided that any person so employed has
16    successfully completed a course of study, approved by and
17    supervised by the Department of Professional Regulation,
18    consisting of not less than 40 hours of training which
19    includes theory of law enforcement, liability for acts, and
20    the handling of weapons. A person shall be considered to be
21    eligible for this exemption if he or she has completed the
22    required 20 hours of training for a security officer and 20
23    hours of required firearm training, and has been issued a
24    firearm control card by the Department of Professional
25    Regulation. Conditions for renewal of firearm control
26    cards issued under the provisions of this Section shall be

 

 

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

 

 

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1        (13) Court Security Officers while in the performance
2    of their official duties, or while commuting between their
3    homes and places of employment, with the consent of the
4    Sheriff.
5        (13.5) A person employed as an armed security guard at
6    a nuclear energy, storage, weapons or development site or
7    facility regulated by the Nuclear Regulatory Commission
8    who has completed the background screening and training
9    mandated by the rules and regulations of the Nuclear
10    Regulatory Commission.
11        (14) Manufacture, transportation, or sale of weapons
12    to persons authorized under subdivisions (1) through
13    (13.5) of this subsection to possess those weapons.
14    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16        (1) Members of any club or organization organized for
17    the purpose of practicing shooting at targets upon
18    established target ranges, whether public or private, and
19    patrons of such ranges, while such members or patrons are
20    using their firearms on those target ranges.
21        (2) Duly authorized military or civil organizations
22    while parading, with the special permission of the
23    Governor.
24        (3) Hunters, trappers or fishermen with a license or
25    permit while engaged in hunting, trapping or fishing.
26        (4) Transportation of weapons that are broken down in a

 

 

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1    non-functioning state or are not immediately accessible.
2        (5) Carrying or possessing any pistol, revolver, stun
3    gun or taser or other firearm on the land or in the legal
4    dwelling of another person as an invitee with that person's
5    permission.
6    (c) Subsection 24-1(a)(7) does not apply to or affect any
7of the following:
8        (1) Peace officers while in performance of their
9    official duties.
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense.
13        (3) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard, while in
15    the performance of their official duty.
16        (4) Manufacture, transportation, or sale of machine
17    guns to persons authorized under subdivisions (1) through
18    (3) of this subsection to possess machine guns, if the
19    machine guns are broken down in a non-functioning state or
20    are not immediately accessible.
21        (5) Persons licensed under federal law to manufacture
22    any weapon from which 8 or more shots or bullets can be
23    discharged by a single function of the firing device, or
24    ammunition for such weapons, and actually engaged in the
25    business of manufacturing such weapons or ammunition, but
26    only with respect to activities which are within the lawful

 

 

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1    scope of such business, such as the manufacture,
2    transportation, or testing of such weapons or ammunition.
3    This exemption does not authorize the general private
4    possession of any weapon from which 8 or more shots or
5    bullets can be discharged by a single function of the
6    firing device, but only such possession and activities as
7    are within the lawful scope of a licensed manufacturing
8    business described in this paragraph.
9        During transportation, such weapons shall be broken
10    down in a non-functioning state or not immediately
11    accessible.
12        (6) The manufacture, transport, testing, delivery,
13    transfer or sale, and all lawful commercial or experimental
14    activities necessary thereto, of rifles, shotguns, and
15    weapons made from rifles or shotguns, or ammunition for
16    such rifles, shotguns or weapons, where engaged in by a
17    person operating as a contractor or subcontractor pursuant
18    to a contract or subcontract for the development and supply
19    of such rifles, shotguns, weapons or ammunition to the
20    United States government or any branch of the Armed Forces
21    of the United States, when such activities are necessary
22    and incident to fulfilling the terms of such contract.
23        The exemption granted under this subdivision (c)(6)
24    shall also apply to any authorized agent of any such
25    contractor or subcontractor who is operating within the
26    scope of his employment, where such activities involving

 

 

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1    such weapon, weapons or ammunition are necessary and
2    incident to fulfilling the terms of such contract.
3        During transportation, any such weapon shall be broken
4    down in a non-functioning state, or not immediately
5    accessible.
6        (7) An active member of a bona fide, nationally
7    recognized military re-enacting group possessing a vintage
8    rifle or modern reproduction thereof with a barrel or
9    barrels less than 16 inches in length for the purpose of
10    using the rifle during historical re-enactments if: (A) the
11    person has been issued a Curios and Relics license from the
12    U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives;
13    or (B) the modification is required and necessary to
14    accurately portray the weapon for historical re-enactment
15    purposes; the re-enactor is in possession of a valid and
16    current re-enacting group membership credential; and the
17    overall length of the weapon as modified is not less than
18    26 inches.
19        During transportation, any such weapon shall be broken
20    down in a non-functioning state, or not immediately
21    accessible.
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

 

 

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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

 

 

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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, those 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) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any currently employed or
24retired State correctional officer who meets the
25qualifications and conditions prescribed in Section 3-2-12 of
26the Unified Code of Corrections.

 

 

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1    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12    (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16    (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

 

 

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.
4(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
5eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)
 
6    Section 10. The Unified Code of Corrections is amended by
7adding Section 3-2-12 as follows:
 
8    (730 ILCS 5/3-2-12 new)
9    Sec. 3-2-12. State correctional officers; off-duty
10firearms.
11    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 of the Criminal Code of 1961 do not apply to currently
13employed or retired State correctional officers who meet the
14following conditions:
15        (1) The currently employed or retired State
16    correctional officer must receive training in the use of
17    firearms while off duty conducted by the Illinois Law
18    Enforcement Training Standards Board and be certified as
19    having successfully completing such training by the Board.
20    The Board shall determine the amount of such training and
21    the course content for such training. The currently
22    employed or retired State correctional officer shall
23    requalify for the firearms training annually at a State
24    range certified by the Illinois Law Enforcement Training

 

 

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1    Standards Board. The expenses of such retraining shall be
2    paid by the currently employed or retired State
3    correctional officer and moneys for the costs of such
4    requalification shall be expended at the request of the
5    Illinois Law Enforcement Training Standards Board.
6        (2) The currently employed or retired State
7    correctional officer shall purchase such firearm at his or
8    her own expense and shall register the firearm with the
9    Illinois Department of State Police and with any other
10    local law enforcement agencies that require such
11    registration.
12        (3) The currently employed or retired State
13    correctional officer may not carry any Illinois Department
14    of Corrections or Department of Juvenile Justice
15    State-issued firearm while off duty. A person who violates
16    this paragraph (3) is subject to disciplinary action by the
17    Illinois Department of Corrections or the Department of
18    Juvenile Justice.
19        (4) State correctional officers who are or were
20    discharged from employment by the Illinois Department of
21    Corrections or the Department of Juvenile Justice shall no
22    longer be considered law enforcement officials and all
23    their rights as law enforcement officials shall be revoked
24    permanently.
25    (b) For the purposes of this Section, "State correctional
26officer" means an employee of the Department of Corrections or

 

 

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1the Department of Juvenile Justice who has custody and control
2over inmates in an adult or juvenile correctional facility.