HB4185 104TH GENERAL ASSEMBLY

LRB104 15736 SPS 28921 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4185

Introduced 10/28/2025, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Official Insignia and Uniform Sales Act. Provides that a person shall not: (1) knowingly manufacture, sell, market, promote, advertise, or otherwise distribute any counterfeit official insignia or uniform; or (2) knowingly manufacture, sell, market, promote, advertise, or otherwise distribute any counterfeit official insignia or uniform to an individual, knowing that the individual is not authorized to possess it under the law of the place in which the insignia or uniform is the official insignia or uniform. Sets forth penalties and defenses for violations of the Act. Defines terms.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Official Insignia and Uniform Sales Act.

Section 5. Definitions. In this Act:

"Badge" has the meaning set forth in subsection (b) of Section 107-14 of the Code of Criminal Procedure of 1963.

"Counterfeit official insignia or uniform" means an item that so resembles an official insignia or uniform of a public employee that it would deceive an ordinary individual into believing it was an official insignia or uniform.

"Official insignia or uniform" means an article of distinctive clothing or insignia, including a badge, emblem, or identification card, that indicates the authority of a public employee.

"Public employee" means any officer or employee of a unit of federal, State, or local government.

"Uniform" means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public employee. "Uniform" does not include casual apparel for public employees of the State or a unit of local government that is distributed by the State or a unit of government for public support or fundraising efforts.

Section 10. Distribution of official insignia or uniforms.

(a) A person shall not:

(1) knowingly manufacture, sell, market, promote, advertise, or otherwise distribute any counterfeit official insignia or uniform; or

(2) knowingly manufacture, sell, market, promote, advertise, or otherwise distribute any counterfeit official insignia or uniform to an individual, knowing that the individual is not authorized to possess it under the law of the place in which the insignia or uniform is the official insignia or uniform.

(b) A person who violates this Section is guilty of a petty offense punishable by a fine not to exceed $500 for the first offense and a fine not to exceed $1,000 for a second or subsequent offense.

Section 15. Defenses.

(a) It is a defense to prosecution under this Act that the insignia or uniform is other than a counterfeit official insignia or uniform and is not used to mislead or deceive and is used or is intended to be used exclusively:

(1) as a memento or in a collection or exhibit;

(2) for decorative purposes;

(3) for a dramatic presentation, such as a theatrical, film, or television production; or

(4) for any other recreational purpose.

(b) It is a defense to prosecution under this Act that the official insignia or uniform is not used or intended to be used to mislead or deceive or is a counterfeit official insignia or uniform and is used or is intended to be used exclusively:

(1) for a dramatic presentation, such as a theatrical, film, or television production;

(2) for legitimate law enforcement purposes; or

(3) for law enforcement retirement, such as previously awarded badges.