|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4530 Introduced 1/21/2022, by Rep. Ryan Spain and Mark Luft SYNOPSIS AS INTRODUCED: |
| | Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
|
| |
| | A BILL FOR |
|
|
| | HB4530 | | LRB102 21798 RLC 30918 b |
|
|
1 | | AN ACT concerning firearms.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 3. The Open Meetings Act is amended by changing |
5 | | Section 2 as follows:
|
6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
|
7 | | Sec. 2. Open meetings.
|
8 | | (a) Openness required. All meetings of public
bodies shall |
9 | | be open to the public unless excepted in subsection (c)
and |
10 | | closed in accordance with Section 2a.
|
11 | | (b) Construction of exceptions. The exceptions contained |
12 | | in subsection
(c) are in derogation of the requirement that |
13 | | public bodies
meet in the open, and therefore, the exceptions |
14 | | are to be strictly
construed, extending only to subjects |
15 | | clearly within their scope.
The exceptions authorize but do |
16 | | not require the holding of
a closed meeting to discuss a |
17 | | subject included within an enumerated exception.
|
18 | | (c) Exceptions. A public body may hold closed meetings to |
19 | | consider the
following subjects:
|
20 | | (1) The appointment, employment, compensation, |
21 | | discipline, performance,
or dismissal of specific |
22 | | employees, specific individuals who serve as independent |
23 | | contractors in a park, recreational, or educational |
|
| | HB4530 | - 2 - | LRB102 21798 RLC 30918 b |
|
|
1 | | setting, or specific volunteers of the public body or |
2 | | legal counsel for
the public body, including hearing
|
3 | | testimony on a complaint lodged against an employee, a |
4 | | specific individual who serves as an independent |
5 | | contractor in a park, recreational, or educational |
6 | | setting, or a volunteer of the public body or
against |
7 | | legal counsel for the public body to determine its |
8 | | validity. However, a meeting to consider an increase in |
9 | | compensation to a specific employee of a public body that |
10 | | is subject to the Local Government Wage Increase |
11 | | Transparency Act may not be closed and shall be open to the |
12 | | public and posted and held in accordance with this Act.
|
13 | | (2) Collective negotiating matters between the public |
14 | | body and its
employees or their representatives, or |
15 | | deliberations concerning salary
schedules for one or more |
16 | | classes of employees.
|
17 | | (3) The selection of a person to fill a public office,
|
18 | | as defined in this Act, including a vacancy in a public |
19 | | office, when the public
body is given power to appoint |
20 | | under law or ordinance, or the discipline,
performance or |
21 | | removal of the occupant of a public office, when the |
22 | | public body
is given power to remove the occupant under |
23 | | law or ordinance.
|
24 | | (4) Evidence or testimony presented in open hearing, |
25 | | or in closed
hearing where specifically authorized by law, |
26 | | to
a quasi-adjudicative body, as defined in this Act, |
|
| | HB4530 | - 3 - | LRB102 21798 RLC 30918 b |
|
|
1 | | provided that the body
prepares and makes available for |
2 | | public inspection a written decision
setting forth its |
3 | | determinative reasoning.
|
4 | | (5) The purchase or lease of real property for the use |
5 | | of
the public body, including meetings held for the |
6 | | purpose of discussing
whether a particular parcel should |
7 | | be acquired.
|
8 | | (6) The setting of a price for sale or lease of |
9 | | property owned
by the public body.
|
10 | | (7) The sale or purchase of securities, investments, |
11 | | or investment
contracts. This exception shall not apply to |
12 | | the investment of assets or income of funds deposited into |
13 | | the Illinois Prepaid Tuition Trust Fund.
|
14 | | (8) Security procedures, school building safety and |
15 | | security, and the use of personnel and
equipment to |
16 | | respond to an actual, a threatened, or a reasonably
|
17 | | potential danger to the safety of employees, students, |
18 | | staff, the public, or
public
property.
|
19 | | (9) Student disciplinary cases.
|
20 | | (10) The placement of individual students in special |
21 | | education
programs and other matters relating to |
22 | | individual students.
|
23 | | (11) Litigation, when an action against, affecting or |
24 | | on behalf of the
particular public body has been filed and |
25 | | is pending before a court or
administrative tribunal, or |
26 | | when the public body finds that an action is
probable or |
|
| | HB4530 | - 4 - | LRB102 21798 RLC 30918 b |
|
|
1 | | imminent, in which case the basis for the finding shall be
|
2 | | recorded and entered into the minutes of the closed |
3 | | meeting.
|
4 | | (12) The establishment of reserves or settlement of |
5 | | claims as provided
in the Local Governmental and |
6 | | Governmental Employees Tort Immunity Act, if
otherwise the |
7 | | disposition of a claim or potential claim might be
|
8 | | prejudiced, or the review or discussion of claims, loss or |
9 | | risk management
information, records, data, advice or |
10 | | communications from or with respect
to any insurer of the |
11 | | public body or any intergovernmental risk management
|
12 | | association or self insurance pool of which the public |
13 | | body is a member.
|
14 | | (13) Conciliation of complaints of discrimination in |
15 | | the sale or rental
of housing, when closed meetings are |
16 | | authorized by the law or ordinance
prescribing fair |
17 | | housing practices and creating a commission or
|
18 | | administrative agency for their enforcement.
|
19 | | (14) Informant sources, the hiring or assignment of |
20 | | undercover personnel
or equipment, or ongoing, prior or |
21 | | future criminal investigations, when
discussed by a public |
22 | | body with criminal investigatory responsibilities.
|
23 | | (15) Professional ethics or performance when |
24 | | considered by an advisory
body appointed to advise a |
25 | | licensing or regulatory agency on matters
germane to the |
26 | | advisory body's field of competence.
|
|
| | HB4530 | - 5 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (16) Self evaluation, practices and procedures or |
2 | | professional ethics,
when meeting with a representative of |
3 | | a statewide association of which the
public body is a |
4 | | member.
|
5 | | (17) The recruitment, credentialing, discipline or |
6 | | formal peer review
of physicians or other
health care |
7 | | professionals, or for the discussion of matters protected |
8 | | under the federal Patient Safety and Quality Improvement |
9 | | Act of 2005, and the regulations promulgated thereunder, |
10 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
11 | | Health Insurance Portability and Accountability Act of |
12 | | 1996, and the regulations promulgated thereunder, |
13 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
14 | | hospital, or
other institution providing medical care, |
15 | | that is operated by the public body.
|
16 | | (18) Deliberations for decisions of the Prisoner |
17 | | Review Board.
|
18 | | (19) Review or discussion of applications received |
19 | | under the
Experimental Organ Transplantation Procedures |
20 | | Act.
|
21 | | (20) The classification and discussion of matters |
22 | | classified as
confidential or continued confidential by |
23 | | the State Government Suggestion Award
Board.
|
24 | | (21) Discussion of minutes of meetings lawfully closed |
25 | | under this Act,
whether for purposes of approval by the |
26 | | body of the minutes or semi-annual
review of the minutes |
|
| | HB4530 | - 6 - | LRB102 21798 RLC 30918 b |
|
|
1 | | as mandated by Section 2.06.
|
2 | | (22) Deliberations for decisions of the State
|
3 | | Emergency Medical Services Disciplinary
Review Board.
|
4 | | (23) The operation by a municipality of a municipal |
5 | | utility or the
operation of a
municipal power agency or |
6 | | municipal natural gas agency when the
discussion involves |
7 | | (i) contracts relating to the
purchase, sale, or delivery |
8 | | of electricity or natural gas or (ii) the results
or |
9 | | conclusions of load forecast studies.
|
10 | | (24) Meetings of a residential health care facility |
11 | | resident sexual
assault and death review
team or
the |
12 | | Executive
Council under the Abuse Prevention Review
Team |
13 | | Act.
|
14 | | (25) Meetings of an independent team of experts under |
15 | | Brian's Law. |
16 | | (26) Meetings of a mortality review team appointed |
17 | | under the Department of Juvenile Justice Mortality Review |
18 | | Team Act. |
19 | | (27) (Blank). |
20 | | (28) Correspondence and records (i) that may not be |
21 | | disclosed under Section 11-9 of the Illinois Public Aid |
22 | | Code or (ii) that pertain to appeals under Section 11-8 of |
23 | | the Illinois Public Aid Code. |
24 | | (29) Meetings between internal or external auditors |
25 | | and governmental audit committees, finance committees, and |
26 | | their equivalents, when the discussion involves internal |
|
| | HB4530 | - 7 - | LRB102 21798 RLC 30918 b |
|
|
1 | | control weaknesses, identification of potential fraud risk |
2 | | areas, known or suspected frauds, and fraud interviews |
3 | | conducted in accordance with generally accepted auditing |
4 | | standards of the United States of America. |
5 | | (30) Those meetings or portions of meetings of a |
6 | | fatality review team or the Illinois Fatality Review Team |
7 | | Advisory Council during which a review of the death of an |
8 | | eligible adult in which abuse or neglect is suspected, |
9 | | alleged, or substantiated is conducted pursuant to Section |
10 | | 15 of the Adult Protective Services Act. |
11 | | (31) Meetings and deliberations for decisions of the |
12 | | Concealed Carry Licensing Review Board under the Firearm |
13 | | Concealed Carry Act. |
14 | | (32) Meetings between the Regional Transportation |
15 | | Authority Board and its Service Boards when the discussion |
16 | | involves review by the Regional Transportation Authority |
17 | | Board of employment contracts under Section 28d of the |
18 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
19 | | 3B.26 of the Regional Transportation Authority Act. |
20 | | (33) Those meetings or portions of meetings of the |
21 | | advisory committee and peer review subcommittee created |
22 | | under Section 320 of the Illinois Controlled Substances |
23 | | Act during which specific controlled substance prescriber, |
24 | | dispenser, or patient information is discussed. |
25 | | (34) Meetings of the Tax Increment Financing Reform |
26 | | Task Force under Section 2505-800 of the Department of |
|
| | HB4530 | - 8 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Revenue Law of the Civil Administrative Code of Illinois. |
2 | | (35) Meetings of the group established to discuss |
3 | | Medicaid capitation rates under Section 5-30.8 of the |
4 | | Illinois Public Aid Code. |
5 | | (36) Those deliberations or portions of deliberations |
6 | | for decisions of the Illinois Gaming Board in which there |
7 | | is discussed any of the following: (i) personal, |
8 | | commercial, financial, or other information obtained from |
9 | | any source that is privileged, proprietary, confidential, |
10 | | or a trade secret; or (ii) information specifically |
11 | | exempted from the disclosure by federal or State law. |
12 | | (37) Deliberations for decisions of the Illinois Law
|
13 | | Enforcement Training Standards Board, the Certification |
14 | | Review Panel, and the Illinois State Police Merit Board |
15 | | regarding certification and decertification. |
16 | | (38) Meetings of the Ad Hoc Statewide Domestic
|
17 | | Violence Fatality Review Committee of the Illinois |
18 | | Criminal
Justice Information Authority Board that occur in |
19 | | closed executive session under subsection (d) of Section |
20 | | 35 of the Domestic Violence Fatality Review Act. |
21 | | (39) Meetings of the regional review teams under |
22 | | subsection (a) of Section 75 of the Domestic Violence |
23 | | Fatality Review Act. |
24 | | (40) (38) Meetings of the Firearm Owner's |
25 | | Identification Card Review Board under Section 10 of the |
26 | | Firearm Owners Identification Card Act before the |
|
| | HB4530 | - 9 - | LRB102 21798 RLC 30918 b |
|
|
1 | | effective date of this amendatory Act of the 102nd General |
2 | | Assembly . |
3 | | (d) Definitions. For purposes of this Section:
|
4 | | "Employee" means a person employed by a public body whose |
5 | | relationship
with the public body constitutes an |
6 | | employer-employee relationship under
the usual common law |
7 | | rules, and who is not an independent contractor.
|
8 | | "Public office" means a position created by or under the
|
9 | | Constitution or laws of this State, the occupant of which is |
10 | | charged with
the exercise of some portion of the sovereign |
11 | | power of this State. The term
"public office" shall include |
12 | | members of the public body, but it shall not
include |
13 | | organizational positions filled by members thereof, whether
|
14 | | established by law or by a public body itself, that exist to |
15 | | assist the
body in the conduct of its business.
|
16 | | "Quasi-adjudicative body" means an administrative body |
17 | | charged by law or
ordinance with the responsibility to conduct |
18 | | hearings, receive evidence or
testimony and make |
19 | | determinations based
thereon, but does not include
local |
20 | | electoral boards when such bodies are considering petition |
21 | | challenges.
|
22 | | (e) Final action. No final action may be taken at a closed |
23 | | meeting.
Final action shall be preceded by a public recital of |
24 | | the nature of the
matter being considered and other |
25 | | information that will inform the
public of the business being |
26 | | conducted.
|
|
| | HB4530 | - 10 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; |
2 | | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. |
3 | | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.) |
4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7.5 as follows:
|
6 | | (5 ILCS 140/7.5)
|
7 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
8 | | by the statutes referenced below, the following shall be |
9 | | 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 |
19 | | records 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 |
24 | | to known or suspected cases of sexually transmissible |
|
| | HB4530 | - 11 - | LRB102 21798 RLC 30918 b |
|
|
1 | | disease or any information the disclosure of which is |
2 | | restricted under the Illinois Sexually Transmissible |
3 | | Disease Control Act. |
4 | | (e) Information the disclosure of which is exempted |
5 | | under Section 30 of the Radon Industry Licensing Act. |
6 | | (f) Firm performance evaluations under Section 55 of |
7 | | the Architectural, Engineering, and Land Surveying |
8 | | Qualifications Based Selection Act. |
9 | | (g) Information the disclosure of which is restricted |
10 | | and exempted under Section 50 of the Illinois Prepaid |
11 | | Tuition Act. |
12 | | (h) Information the disclosure of which is exempted |
13 | | under the State Officials and Employees Ethics Act, and |
14 | | records of any lawfully created State or local inspector |
15 | | general's office that would be exempt if created or |
16 | | obtained by an Executive Inspector General's office under |
17 | | that Act. |
18 | | (i) Information contained in a local emergency energy |
19 | | plan submitted to a municipality in accordance with a |
20 | | local emergency energy plan ordinance that is adopted |
21 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
22 | | (j) Information and data concerning the distribution |
23 | | of surcharge moneys collected and remitted by carriers |
24 | | under the Emergency Telephone System Act. |
25 | | (k) Law enforcement officer identification information |
26 | | or driver identification information compiled by a law |
|
| | HB4530 | - 12 - | LRB102 21798 RLC 30918 b |
|
|
1 | | enforcement agency or the Department of Transportation |
2 | | under Section 11-212 of the Illinois Vehicle Code. |
3 | | (l) Records and information provided to a residential |
4 | | health care facility resident sexual assault and death |
5 | | review team or the Executive Council under the Abuse |
6 | | Prevention Review Team Act. |
7 | | (m) Information provided to the predatory lending |
8 | | database created pursuant to Article 3 of the Residential |
9 | | Real Property Disclosure Act, except to the extent |
10 | | authorized under that Article. |
11 | | (n) Defense budgets and petitions for certification of |
12 | | compensation and expenses for court appointed trial |
13 | | counsel as provided under Sections 10 and 15 of the |
14 | | Capital Crimes Litigation Act. This subsection (n) shall |
15 | | apply until the conclusion of the trial of the case, even |
16 | | if the prosecution chooses not to pursue the death penalty |
17 | | prior to trial or sentencing. |
18 | | (o) Information that is prohibited from being |
19 | | disclosed under Section 4 of the Illinois Health and |
20 | | Hazardous Substances Registry Act. |
21 | | (p) Security portions of system safety program plans, |
22 | | investigation reports, surveys, schedules, lists, data, or |
23 | | information compiled, collected, or prepared by or for the |
24 | | Department of Transportation under Sections 2705-300 and |
25 | | 2705-616 of the Department of Transportation Law of the |
26 | | Civil Administrative Code of Illinois, the Regional |
|
| | HB4530 | - 13 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Transportation Authority under Section 2.11 of the |
2 | | Regional Transportation Authority Act, or the St. Clair |
3 | | County Transit District under the Bi-State Transit Safety |
4 | | Act. |
5 | | (q) Information prohibited from being disclosed by the |
6 | | Personnel Record Review Act. |
7 | | (r) Information prohibited from being disclosed by the |
8 | | Illinois School Student Records Act. |
9 | | (s) Information the disclosure of which is restricted |
10 | | under Section 5-108 of the Public Utilities Act.
|
11 | | (t) All identified or deidentified health information |
12 | | in the form of health data or medical records contained |
13 | | in, stored in, submitted to, transferred by, or released |
14 | | from the Illinois Health Information Exchange, and |
15 | | identified or deidentified health information in the form |
16 | | of health data and medical records of the Illinois Health |
17 | | Information Exchange in the possession of the Illinois |
18 | | Health Information Exchange Office due to its |
19 | | administration of the Illinois Health Information |
20 | | Exchange. The terms "identified" and "deidentified" shall |
21 | | be given the same meaning as in the Health Insurance |
22 | | Portability and Accountability Act of 1996, Public Law |
23 | | 104-191, or any subsequent amendments thereto, and any |
24 | | regulations promulgated thereunder. |
25 | | (u) Records and information provided to an independent |
26 | | team of experts under the Developmental Disability and |
|
| | HB4530 | - 14 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Mental Health Safety Act (also known as Brian's Law). |
2 | | (v) Names and information of people who have applied |
3 | | for or received Firearm Owner's Identification Cards under |
4 | | the Firearm Owners Identification Card Act before the |
5 | | effective date of this amendatory Act of the 102nd General |
6 | | Assembly or applied for or received a concealed carry |
7 | | license under the Firearm Concealed Carry Act, unless |
8 | | otherwise authorized by the Firearm Concealed Carry Act; |
9 | | and databases under the Firearm Concealed Carry Act, |
10 | | records of the Concealed Carry Licensing Review Board |
11 | | under the Firearm Concealed Carry Act, and law enforcement |
12 | | agency objections under the Firearm Concealed Carry Act. |
13 | | (v-5) Records of the Firearm Owner's Identification |
14 | | Card Review Board that are exempted from disclosure under |
15 | | Section 10 of the Firearm Owners Identification Card Act |
16 | | before the effective date of this amendatory Act of the |
17 | | 102nd General Assembly . |
18 | | (w) Personally identifiable information which is |
19 | | exempted from disclosure under subsection (g) of Section |
20 | | 19.1 of the Toll Highway Act. |
21 | | (x) Information which is exempted from disclosure |
22 | | under Section 5-1014.3 of the Counties Code or Section |
23 | | 8-11-21 of the Illinois Municipal Code. |
24 | | (y) Confidential information under the Adult |
25 | | Protective Services Act and its predecessor enabling |
26 | | statute, the Elder Abuse and Neglect Act, including |
|
| | HB4530 | - 15 - | LRB102 21798 RLC 30918 b |
|
|
1 | | information about the identity and administrative finding |
2 | | against any caregiver of a verified and substantiated |
3 | | decision of abuse, neglect, or financial exploitation of |
4 | | an eligible adult maintained in the Registry established |
5 | | under Section 7.5 of the Adult Protective Services Act. |
6 | | (z) Records and information provided to a fatality |
7 | | review team or the Illinois Fatality Review Team Advisory |
8 | | Council under Section 15 of the Adult Protective Services |
9 | | Act. |
10 | | (aa) Information which is exempted from disclosure |
11 | | under Section 2.37 of the Wildlife Code. |
12 | | (bb) Information which is or was prohibited from |
13 | | disclosure by the Juvenile Court Act of 1987. |
14 | | (cc) Recordings made under the Law Enforcement |
15 | | Officer-Worn Body Camera Act, except to the extent |
16 | | authorized under that Act. |
17 | | (dd) Information that is prohibited from being |
18 | | disclosed under Section 45 of the Condominium and Common |
19 | | Interest Community Ombudsperson Act. |
20 | | (ee) Information that is exempted from disclosure |
21 | | under Section 30.1 of the Pharmacy Practice Act. |
22 | | (ff) Information that is exempted from disclosure |
23 | | under the Revised Uniform Unclaimed Property Act. |
24 | | (gg) Information that is prohibited from being |
25 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
26 | | Code. |
|
| | HB4530 | - 16 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (hh) Records that are exempt from disclosure under |
2 | | Section 1A-16.7 of the Election Code. |
3 | | (ii) Information which is exempted from disclosure |
4 | | under Section 2505-800 of the Department of Revenue Law of |
5 | | the Civil Administrative Code of Illinois. |
6 | | (jj) Information and reports that are required to be |
7 | | submitted to the Department of Labor by registering day |
8 | | and temporary labor service agencies but are exempt from |
9 | | disclosure under subsection (a-1) of Section 45 of the Day |
10 | | and Temporary Labor Services Act. |
11 | | (kk) Information prohibited from disclosure under the |
12 | | Seizure and Forfeiture Reporting Act. |
13 | | (ll) Information the disclosure of which is restricted |
14 | | and exempted under Section 5-30.8 of the Illinois Public |
15 | | Aid Code. |
16 | | (mm) Records that are exempt from disclosure under |
17 | | Section 4.2 of the Crime Victims Compensation Act. |
18 | | (nn) Information that is exempt from disclosure under |
19 | | Section 70 of the Higher Education Student Assistance Act. |
20 | | (oo) Communications, notes, records, and reports |
21 | | arising out of a peer support counseling session |
22 | | prohibited from disclosure under the First Responders |
23 | | Suicide Prevention Act. |
24 | | (pp) Names and all identifying information relating to |
25 | | an employee of an emergency services provider or law |
26 | | enforcement agency under the First Responders Suicide |
|
| | HB4530 | - 17 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Prevention Act. |
2 | | (qq) Information and records held by the Department of |
3 | | Public Health and its authorized representatives collected |
4 | | under the Reproductive Health Act. |
5 | | (rr) Information that is exempt from disclosure under |
6 | | the Cannabis Regulation and Tax Act. |
7 | | (ss) Data reported by an employer to the Department of |
8 | | Human Rights pursuant to Section 2-108 of the Illinois |
9 | | Human Rights Act. |
10 | | (tt) Recordings made under the Children's Advocacy |
11 | | Center Act, except to the extent authorized under that |
12 | | Act. |
13 | | (uu) Information that is exempt from disclosure under |
14 | | Section 50 of the Sexual Assault Evidence Submission Act. |
15 | | (vv) Information that is exempt from disclosure under |
16 | | subsections (f) and (j) of Section 5-36 of the Illinois |
17 | | Public Aid Code. |
18 | | (ww) Information that is exempt from disclosure under |
19 | | Section 16.8 of the State Treasurer Act. |
20 | | (xx) Information that is exempt from disclosure or |
21 | | information that shall not be made public under the |
22 | | Illinois Insurance Code. |
23 | | (yy) Information prohibited from being disclosed under |
24 | | the Illinois Educational Labor Relations Act. |
25 | | (zz) Information prohibited from being disclosed under |
26 | | the Illinois Public Labor Relations Act. |
|
| | HB4530 | - 18 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (aaa) Information prohibited from being disclosed |
2 | | under Section 1-167 of the Illinois Pension Code. |
3 | | (bbb) (ccc) Information that is prohibited from |
4 | | disclosure by the Illinois Police Training Act and the |
5 | | Illinois State Police Act. |
6 | | (ccc) (ddd) Records exempt from disclosure under |
7 | | Section
2605-304 of the Illinois Department of State |
8 | | Police Law of the Civil
Administrative Code of Illinois. |
9 | | (ddd) (bbb) Information prohibited from being |
10 | | disclosed under Section 35 of the Address Confidentiality |
11 | | for Victims of Domestic Violence, Sexual Assault, Human |
12 | | Trafficking, or Stalking Act. |
13 | | (eee) (ddd) Information prohibited from being |
14 | | disclosed under subsection (b) of Section 75 of the |
15 | | Domestic Violence Fatality Review Act. |
16 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
17 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
18 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
19 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
20 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
21 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
22 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
23 | | 102-559, eff. 8-20-21; revised 10-5-21.) |
24 | | Section 6. The Gun Trafficking Information Act is amended |
25 | | by changing Section 10-5 as follows: |
|
| | HB4530 | - 19 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (5 ILCS 830/10-5)
|
2 | | Sec. 10-5. Gun trafficking information.
|
3 | | (a) The Illinois State Police shall use all reasonable |
4 | | efforts in making publicly available, on a regular and ongoing
|
5 | | basis, key information related to firearms used in the
|
6 | | commission of crimes in this State, including, but not limited
|
7 | | to: reports on crimes committed with firearms, locations where
|
8 | | the crimes occurred, the number of persons killed or injured |
9 | | in
the commission of the crimes, the state where the firearms |
10 | | used
originated, the Federal Firearms Licensee that sold the |
11 | | firearm, the type of firearms used, annual statistical |
12 | | information concerning Firearm Owner's Identification Card and |
13 | | concealed carry license applications, revocations, and |
14 | | compliance with Section 9.5 of the Firearm Owners |
15 | | Identification Card Act, firearm restraining order |
16 | | dispositions , and firearm dealer license certification |
17 | | inspections. The Illinois State Police
shall make the |
18 | | information available on its
website, which may be presented |
19 | | in a dashboard format, in addition to electronically filing a |
20 | | report with the
Governor and the General Assembly. The report |
21 | | to the General
Assembly shall be filed with the Clerk of the |
22 | | House of
Representatives and the Secretary of the Senate in |
23 | | electronic
form only, in the manner that the Clerk and the |
24 | | Secretary shall
direct.
|
25 | | (b) (Blank). The Illinois State Police shall study, on a |
|
| | HB4530 | - 20 - | LRB102 21798 RLC 30918 b |
|
|
1 | | regular and ongoing basis, and compile reports on the number |
2 | | of Firearm Owner's Identification Card checks to determine |
3 | | firearms trafficking or straw purchase patterns. The Illinois |
4 | | State Police shall, to the extent not inconsistent with law, |
5 | | share such reports and underlying data with academic centers, |
6 | | foundations, and law enforcement agencies studying firearms |
7 | | trafficking, provided that personally identifying information |
8 | | is protected. For purposes of this subsection (b), a Firearm |
9 | | Owner's Identification Card number is not personally |
10 | | identifying information, provided that no other personal |
11 | | information of the card holder is attached to the record. The |
12 | | Illinois State Police may create and attach an alternate |
13 | | unique identifying number to each Firearm Owner's |
14 | | Identification Card number, instead of releasing the Firearm |
15 | | Owner's Identification Card number itself. |
16 | | (c) Each department, office, division, and agency of this
|
17 | | State shall, to the extent not inconsistent with law, |
18 | | cooperate
fully with the Illinois State Police and furnish the
|
19 | | Illinois State Police with all relevant information and |
20 | | assistance on a
timely basis as is necessary to accomplish the |
21 | | purpose of this
Act. The Illinois Criminal Justice Information |
22 | | Authority shall submit the information required in subsection |
23 | | (a) of this Section to the Illinois State Police, and any other |
24 | | information as the Illinois State Police may request, to |
25 | | assist the Illinois State Police in carrying out its duties |
26 | | under this Act.
|
|
| | HB4530 | - 21 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
2 | | revised 10-5-21.) |
3 | | Section 7. The First Responders Suicide Prevention Act is |
4 | | amended by changing Section 40 as follows: |
5 | | (5 ILCS 840/40) |
6 | | (This Section may contain text from a Public Act with a |
7 | | delayed effective date ) |
8 | | Sec. 40. Task Force recommendations. |
9 | | (a) Task Force members shall recommend that agencies and |
10 | | organizations guarantee access to mental health and wellness |
11 | | services, including, but not limited to, peer support programs |
12 | | and providing ongoing education related to the ever-evolving |
13 | | concept of mental health wellness. These recommendations could |
14 | | be accomplished by: |
15 | | (1) Revising agencies' and organizations' employee |
16 | | assistance programs (EAPs). |
17 | | (2) Urging health care providers to replace outdated |
18 | | healthcare plans and include more progressive options |
19 | | catering to the needs and disproportionate risks |
20 | | shouldered by our first responders. |
21 | | (3) Allocating funding or resources for public service |
22 | | announcements (PSA) and messaging campaigns aimed at |
23 | | raising awareness of available assistance options. |
24 | | (4) Encouraging agencies and organizations to attach |
|
| | HB4530 | - 22 - | LRB102 21798 RLC 30918 b |
|
|
1 | | lists of all available resources to training manuals and |
2 | | continuing education requirements. |
3 | | (b) Task Force members shall recommend agencies and |
4 | | organizations sponsor or facilitate first responders with |
5 | | specialized training in the areas of psychological fitness, |
6 | | depressive disorders, early detection, and mitigation best |
7 | | practices. Such trainings could be accomplished by: |
8 | | (1) Assigning, appointing, or designating one member |
9 | | of an agency or organization to attend specialized |
10 | | training(s) sponsored by an accredited agency, |
11 | | association, or organization recognized in their fields of |
12 | | study. |
13 | | (2) Seeking sponsorships or conducting fund-raisers, |
14 | | to host annual or semiannual on-site visits from qualified |
15 | | clinicians or physicians to provide early detection |
16 | | training techniques, or to provide regular access to |
17 | | mental health professionals. |
18 | | (3) Requiring a minimum number of hours of disorders |
19 | | and wellness training be incorporated into reoccurring, |
20 | | annual or biannual training standards, examinations, and |
21 | | curriculums, taking into close consideration respective |
22 | | agency or organization size, frequency and number of all |
23 | | current federal and state mandatory examinations and |
24 | | trainings expected respectively. |
25 | | (4) Not underestimating the crucial importance of a |
26 | | balanced diet, sleep, mindfulness-based stress reduction |
|
| | HB4530 | - 23 - | LRB102 21798 RLC 30918 b |
|
|
1 | | techniques, moderate and vigorous intensity activities, |
2 | | and recreational hobbies, which have been scientifically |
3 | | proven to play a major role in brain health and mental |
4 | | wellness. |
5 | | (c) Task Force members shall recommend that administrators |
6 | | and leadership personnel solicit training services from |
7 | | evidence-based, data driven organizations. Organizations with |
8 | | personnel trained on the analytical review and interpretation |
9 | | of specific fields related to the nature of first responders' |
10 | | exploits, such as PTSD, substance abuse, chronic state of |
11 | | duress. Task Force members shall further recommend funding for |
12 | | expansion and messaging campaigns of preliminary |
13 | | self-diagnosing technologies like the one described above. |
14 | | These objectives could be met by: |
15 | | (1) Contacting an accredited agency, association, or |
16 | | organization recognized in the field or fields of specific |
17 | | study. Unbeknownst to the majority, many of the agencies |
18 | | and organizations listed above receive grants and |
19 | | allocations to assist communities with the very issues |
20 | | being discussed in this Section. |
21 | | (2) Normalizing help-seeking behaviors for both first |
22 | | responders and their families through regular messaging |
23 | | and peer support outreach, beginning with academy |
24 | | curricula and continuing education throughout individuals' |
25 | | careers. |
26 | | (3) Funding and implementing PSA campaigns that |
|
| | HB4530 | - 24 - | LRB102 21798 RLC 30918 b |
|
|
1 | | provide clear and concise calls to action about mental |
2 | | health and wellness, resiliency, help-seeking, treatment |
3 | | and recovery. |
4 | | (4) Promoting and raising awareness of non-for-profit |
5 | | organizations currently available to assist individuals in |
6 | | search of care and treatment. Organizations have intuitive |
7 | | user-friendly sites, most of which have mobile |
8 | | applications, so first responders can access at a moment's |
9 | | notice. However, because of limited funds, these |
10 | | organizations have a challenging time of getting the word |
11 | | out there about their existence. |
12 | | (5) Expanding Family and Medical Leave Act protections |
13 | | for individuals voluntarily seeking preventative |
14 | | treatment. |
15 | | (6) Promoting and ensuring complete patient |
16 | | confidentiality protections. |
17 | | (d) Task Force members shall recommend that agencies and |
18 | | organizations incorporate the following training components |
19 | | into already existing modules and educational curriculums. |
20 | | Doing so could be done by: |
21 | | (1) Bolstering academy and school curricula by |
22 | | requiring depressive disorder training catered to PTSD, |
23 | | substance abuse, and early detection techniques training, |
24 | | taking into close consideration respective agency or |
25 | | organization size, and the frequency and number of all |
26 | | current federal and state mandatory examinations and |
|
| | HB4530 | - 25 - | LRB102 21798 RLC 30918 b |
|
|
1 | | trainings expected respectively. |
2 | | (2) Continuing to allocate or match federal and state |
3 | | funds to maintain Mobil Training Units (MTUs). |
4 | | (3) Incorporating a state certificate for peer support |
5 | | training into already exiting statewide curriculums and |
6 | | mandatory examinations, annual State Fire Marshal |
7 | | examinations, and physical fitness examinations. The |
8 | | subject matter of the certificate should have an emphasis |
9 | | on mental health and wellness, as well as familiarization |
10 | | with topics ranging from clinical social work, clinical |
11 | | psychology, clinical behaviorist, and clinical psychiatry. |
12 | | (4) Incorporating and performing statewide mental |
13 | | health check-ins during the same times as already mandated |
14 | | trainings. These checks are not to be compared or used as |
15 | | measures of fitness for duty evaluations or structured |
16 | | psychological examinations. |
17 | | (5) Recommending comprehensive and evidence-based |
18 | | training on the importance of preventative measures on the |
19 | | topics of sleep, nutrition, mindfulness, and physical |
20 | | movement. |
21 | | (6) (Blank). Law enforcement agencies should provide |
22 | | training on the Firearm Owner's Identification Card Act, |
23 | | including seeking relief from the Illinois State Police |
24 | | under Section 10 of the Firearm Owners Identification Card |
25 | | Act and a FOID card being a continued condition of |
26 | | employment under Section 7.2 of the Uniform Peace |
|
| | HB4530 | - 26 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Officers' Disciplinary Act.
|
2 | | (Source: P.A. 102-352, eff. 6-1-22.) |
3 | | Section 10. The Illinois State Police Law of the
Civil |
4 | | Administrative Code of Illinois is amended by changing |
5 | | Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
|
6 | | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
|
7 | | Sec. 2605-10. Powers and duties, generally. |
8 | | (a) The Illinois State Police shall exercise the rights, |
9 | | powers, and duties that have been vested in the Illinois State |
10 | | Police by the following: |
11 | | The Illinois State Police Act. |
12 | | The Illinois State Police Radio Act. |
13 | | The Criminal Identification Act. |
14 | | The Illinois Vehicle Code. |
15 | | The Firearm Owners Identification Card Act. |
16 | | The Firearm Concealed Carry Act. |
17 | | The Gun Dealer Licensing Act. |
18 | | The Intergovernmental Missing Child Recovery Act of 1984. |
19 | | The Intergovernmental Drug Laws Enforcement Act. |
20 | | The Narcotic Control Division Abolition Act. |
21 | | (b) The Illinois State Police shall have the
powers and |
22 | | duties set forth in the following Sections.
|
23 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
|
| | HB4530 | - 27 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
|
2 | | Sec. 2605-45. Division of Justice Services. The Division |
3 | | of
Justice Services shall exercise the
following functions:
|
4 | | (1) Operate and maintain the Law Enforcement Agencies |
5 | | Data System (LEADS), a statewide, computerized |
6 | | telecommunications system designed to provide services, |
7 | | information, and capabilities to the law enforcement and |
8 | | criminal justice community in the State of Illinois. The |
9 | | Director is responsible for establishing policy, |
10 | | procedures, and regulations consistent with State and |
11 | | federal rules, policies, and law by which LEADS operates. |
12 | | The Director shall designate a statewide LEADS |
13 | | Administrator for management of the system. The Director |
14 | | may appoint a LEADS Advisory Policy Board to reflect the |
15 | | needs and desires of the law enforcement and criminal |
16 | | justice community and to make recommendations concerning |
17 | | policies and procedures.
|
18 | | (2) Pursue research and the publication of studies |
19 | | pertaining
to local
law enforcement activities.
|
20 | | (3) Serve as the State's point of contact for the |
21 | | Federal Bureau of Investigation's Uniform Crime Reporting |
22 | | Program and National Incident-Based Reporting System.
|
23 | | (4) Operate an electronic data processing and computer |
24 | | center
for the
storage and retrieval of data pertaining to |
25 | | criminal activity.
|
26 | | (5) Exercise the rights, powers, and duties vested in
|
|
| | HB4530 | - 28 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the Illinois State Police by the Cannabis Regulation and |
2 | | Tax Act and the Compassionate Use of Medical Cannabis |
3 | | Program Act.
|
4 | | (6) (Blank).
|
5 | | (6.5) (Blank). Exercise the rights, powers, and duties |
6 | | vested in the Illinois State Police
by the Firearm Owners |
7 | | Identification Card Act, the Firearm Concealed Carry Act, |
8 | | and the Firearm Dealer License Certification Act.
|
9 | | (7) Exercise other duties that may be assigned
by the |
10 | | Director to
fulfill the responsibilities and achieve the |
11 | | purposes of the Illinois State Police.
|
12 | | (8) Exercise the rights, powers, and duties vested by |
13 | | law in the Illinois State Police by the Criminal |
14 | | Identification Act. |
15 | | (9) Exercise the powers and perform the duties that |
16 | | have been vested
in the Illinois State Police by the Sex |
17 | | Offender Registration Act and
the Sex Offender
Community |
18 | | Notification Law and
adopt reasonable rules necessitated |
19 | | thereby. |
20 | | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
21 | | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
|
22 | | Sec. 2605-200. Investigations of crime; enforcement of |
23 | | laws; records; crime laboratories; personnel.
|
24 | | (a) To do the following:
|
25 | | (1) Investigate the origins, activities, personnel, |
|
| | HB4530 | - 29 - | LRB102 21798 RLC 30918 b |
|
|
1 | | and
incidents of crime and the ways and means to redress |
2 | | the victims of
crimes; study the impact, if any, of |
3 | | legislation relative to the
effusion of crime and growing |
4 | | crime rates; and enforce the criminal
laws
of this State |
5 | | related thereto.
|
6 | | (2) Enforce all laws regulating the
production, sale, |
7 | | prescribing, manufacturing, administering,
transporting, |
8 | | having in possession, dispensing, delivering,
|
9 | | distributing, or use of controlled substances and |
10 | | cannabis.
|
11 | | (3) Employ
skilled experts, scientists, technicians, |
12 | | investigators, or otherwise
specially qualified persons to |
13 | | aid in preventing or detecting crime,
apprehending |
14 | | criminals, or preparing and presenting evidence of
|
15 | | violations of the criminal laws of the State.
|
16 | | (4) Cooperate with the
police of cities, villages, and |
17 | | incorporated towns and with the police
officers of any |
18 | | county in enforcing the laws of the State and in making
|
19 | | arrests and recovering property.
|
20 | | (5) Apprehend and deliver up any person
charged in |
21 | | this State or any other state of the United States with
|
22 | | treason or a felony or other crime who has fled from
|
23 | | justice and is found
in this State.
|
24 | | (6) Conduct other investigations as
provided by law.
|
25 | | (7) Be a central repository and custodian of criminal |
26 | | statistics for the State. |
|
| | HB4530 | - 30 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (8) Be a central repository for criminal history |
2 | | record information. |
3 | | (9) Procure and file for record information that is |
4 | | necessary and helpful to plan programs of crime |
5 | | prevention, law enforcement, and criminal justice. |
6 | | (10) Procure and file for record copies of |
7 | | fingerprints that may be required by law. |
8 | | (11) Establish general and field crime laboratories. |
9 | | (12) (Blank). Register and file for record information |
10 | | that may be required by law for the issuance of firearm |
11 | | owner's identification cards under the Firearm Owners |
12 | | Identification Card Act and concealed carry licenses under |
13 | | the Firearm Concealed Carry Act. |
14 | | (13) Employ laboratory technicians and other specially |
15 | | qualified persons to aid in the identification of criminal |
16 | | activity and the identification, collection, and recovery |
17 | | of cyber forensics, including but not limited to digital |
18 | | evidence, and may employ polygraph operators. |
19 | | (14) Undertake other identification, information, |
20 | | laboratory, statistical, or registration activities that |
21 | | may be required by law. |
22 | | (b) Persons exercising the powers set forth in
subsection |
23 | | (a) within the Illinois State Police
are conservators of the |
24 | | peace and as such have all the powers possessed
by policemen in |
25 | | cities and sheriffs, except that they may exercise those
|
26 | | powers anywhere in the State in cooperation with and after |
|
| | HB4530 | - 31 - | LRB102 21798 RLC 30918 b |
|
|
1 | | contact with
the local law enforcement officials. Those |
2 | | persons may use false
or
fictitious names in the performance |
3 | | of their duties under this Section,
upon approval of the |
4 | | Director, and shall not be subject to prosecution
under the |
5 | | criminal laws for that use.
|
6 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
7 | | (20 ILCS 2605/2605-595) |
8 | | Sec. 2605-595. State Police Firearm Services Fund. |
9 | | (a) There is created in the State treasury a special fund |
10 | | known as the State Police Firearm Services Fund. The Fund |
11 | | shall receive revenue under the Firearm Concealed Carry Act |
12 | | and , the Firearm Dealer License Certification Act , and |
13 | | Section 5 of the Firearm Owners Identification Card Act . The |
14 | | Fund may also receive revenue from grants, pass-through |
15 | | grants, donations, appropriations, and any other legal source. |
16 | | (a-5) Notwithstanding any other provision of law to the |
17 | | contrary, and in addition to any other transfers that may be |
18 | | provided by law, on the effective date of this amendatory Act |
19 | | of the 102nd General Assembly, or as soon thereafter as |
20 | | practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the remaining balance from the |
22 | | Firearm Dealer License Certification Fund into the State |
23 | | Police Firearm Services Fund. Upon completion of the transfer, |
24 | | the Firearm Dealer License Certification Fund is dissolved, |
25 | | and any future deposits due to that Fund and any outstanding |
|
| | HB4530 | - 32 - | LRB102 21798 RLC 30918 b |
|
|
1 | | obligations or liabilities of that Fund shall pass to the |
2 | | State Police Firearm Services Fund. |
3 | | (b) The Illinois State Police may use moneys in the Fund to |
4 | | finance any of its lawful purposes, mandates, functions, and |
5 | | duties under the Firearm Owners Identification Card Act, the |
6 | | Firearm Dealer License Certification Act , and the Firearm |
7 | | Concealed Carry Act, including the cost of sending notices of |
8 | | expiration of Firearm Owner's Identification Cards, concealed |
9 | | carry licenses, the prompt and efficient processing of |
10 | | applications under the Firearm Owners Identification Card Act |
11 | | and the Firearm Concealed Carry Act, the improved efficiency |
12 | | and reporting of the LEADS and federal NICS law enforcement |
13 | | data systems, and support for investigations required under |
14 | | these Acts and law. Any surplus funds beyond what is needed to |
15 | | comply with the aforementioned purposes shall be used by the |
16 | | Illinois State Police to improve the Law Enforcement Agencies |
17 | | Data System (LEADS) and criminal history background check |
18 | | system. |
19 | | (c) Investment income that is attributable to the |
20 | | investment of moneys in the Fund shall be retained in the Fund |
21 | | for the uses specified in this Section.
|
22 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
|
23 | | (20 ILCS 2605/2605-120 rep.) |
24 | | (20 ILCS 2605/2605-304 rep.) |
25 | | Section 15. The Department of State Police Law of the
|
|
| | HB4530 | - 33 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Civil Administrative Code of Illinois is amended by repealing |
2 | | Sections 2605-120 and 2605-304. |
3 | | Section 20. The Criminal Identification Act is amended by |
4 | | changing Section 2.2 as follows: |
5 | | (20 ILCS 2630/2.2) |
6 | | Sec. 2.2. Notification to the Illinois State Police. Upon |
7 | | judgment of conviction of a violation of Section 12-1, 12-2, |
8 | | 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or |
9 | | the Criminal Code of 2012 when the
defendant has been |
10 | | determined, pursuant to Section 112A-11.1 of the Code of |
11 | | Criminal Procedure of 1963,
to be subject to the prohibitions |
12 | | of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include |
13 | | notification and a copy of the written determination in a |
14 | | report
of the conviction to the Illinois State Police Firearm |
15 | | Owner's Identification Card Office to
enable the Illinois |
16 | | State Police office to perform its duties under the Firearm |
17 | | Concealed Carry Act and Sections 4 and 8 of the Firearm Owners |
18 | | Identification Card Act and to report that determination to |
19 | | the Federal Bureau
of Investigation to assist the Federal |
20 | | Bureau of Investigation in identifying persons prohibited
from |
21 | | purchasing and possessing a firearm pursuant to the provisions |
22 | | of
18 U.S.C. 922. The written determination described in this |
23 | | Section shall be included in the defendant's record of arrest |
24 | | and conviction in the manner and form prescribed by the |
|
| | HB4530 | - 34 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Illinois State Police.
|
2 | | (Source: P.A. 102-538, eff. 8-20-21.) |
3 | | Section 21. The Illinois Criminal Justice Information Act |
4 | | is amended by changing Section 7.9 as follows: |
5 | | (20 ILCS 3930/7.9) |
6 | | (This Section may contain text from a Public Act with a |
7 | | delayed effective date ) |
8 | | (Section scheduled to be repealed on July 1, 2027) |
9 | | Sec. 7.9. Firearm Prohibitors and Records Improvement Task |
10 | | Force. |
11 | | (a) As used in this Section, "firearms prohibitor" means |
12 | | any factor listed in Section 4 of the Firearm Owners |
13 | | Identification Card Act or Section 24-3 or 24-3.1 of the |
14 | | Criminal Code of 2012 that prohibits a person from |
15 | | transferring or possessing a firearm, firearm ammunition, |
16 | | Firearm Owner's Identification Card, or concealed carry |
17 | | license. |
18 | | (b) The Firearm Prohibitors and Records Improvement Task |
19 | | Force is created to identify and research all available |
20 | | grants, resources, and revenue that may be applied for and |
21 | | used by all entities responsible for reporting federal and |
22 | | State firearm prohibitors to the Illinois State Police and the |
23 | | National Instant Criminal Background Check System. These Under |
24 | | the Firearm Owners Identification Card Act, these reporting |
|
| | HB4530 | - 35 - | LRB102 21798 RLC 30918 b |
|
|
1 | | entities include, but are not limited to, hospitals, courts, |
2 | | law enforcement and corrections. The Task Force shall identify |
3 | | weaknesses in reporting and recommend a strategy to direct |
4 | | resources and revenue to ensuring reporting is reliable, |
5 | | accurate, and timely. The Task Force shall inventory all |
6 | | statutorily mandated firearm and gun violence related data |
7 | | collection and reporting requirements, along with the agency |
8 | | responsible for collecting that data, and identify gaps in |
9 | | those requirements. The Task Force shall submit a coordinated |
10 | | application with and through the Illinois Criminal Justice |
11 | | Information Authority for federal funds from the National |
12 | | Criminal History Improvement Program and the NICS Acts Record |
13 | | Improvement Program.
The Firearm Prohibitors and Records |
14 | | Improvement Task Force shall be comprised of the following |
15 | | members, all of whom shall serve without compensation: |
16 | | (1) the Executive Director of the Illinois Criminal |
17 | | Justice Information Authority, who shall serve as Chair; |
18 | | (2) the Director of the Illinois State Police, or his |
19 | | or her designee; |
20 | | (3) the Secretary of Human Services, or his or her |
21 | | designee; |
22 | | (4) the Director of Corrections, or his or her |
23 | | designee; |
24 | | (5) the Attorney General, or his or her designee; |
25 | | (6) the Director of the Administrative Office of the |
26 | | Illinois Courts, or his or her designee; |
|
| | HB4530 | - 36 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (7) a representative of an association representing |
2 | | circuit clerks appointed by the President of the Senate; |
3 | | (8) a representative of an association representing |
4 | | sheriffs appointed by the House Minority Leader; |
5 | | (9) a representative of an association representing |
6 | | State's Attorneys appointed by the House Minority Leader; |
7 | | (10) a representative of an association representing |
8 | | chiefs of police appointed by the Senate Minority Leader; |
9 | | (11) a representative of an association representing |
10 | | hospitals appointed by the Speaker of the House of |
11 | | Representatives; |
12 | | (12) a representative of an association representing |
13 | | counties appointed by the President of the Senate; and |
14 | | (13) a representative of an association representing |
15 | | municipalities appointed by the Speaker of the House of |
16 | | Representatives. |
17 | | (c)
The Illinois Criminal Justice Information Authority |
18 | | shall provide administrative and other support to the Task |
19 | | Force. The Illinois State Police Division of Justice Services |
20 | | shall also provide support to the Illinois Criminal Justice |
21 | | Information Authority and the Task Force. |
22 | | (d) The Task Force may meet in person or virtually and |
23 | | shall issue a written report of its findings and |
24 | | recommendations to General Assembly on or before July 1, 2022. |
25 | | The Task Force shall issue an annual report, which shall |
26 | | include information on the state of FOID data, including a |
|
| | HB4530 | - 37 - | LRB102 21798 RLC 30918 b |
|
|
1 | | review of previous activity by the Task Force to close |
2 | | previously identified gaps; identifying known (or new) gaps; a |
3 | | proposal of policy and practice recommendations to close those |
4 | | gaps; and a preview of expected activities of the Task Force |
5 | | for the coming year. |
6 | | (e) Within 60 days of the effective date of this |
7 | | amendatory Act of the 102nd General Assembly, the Chair shall |
8 | | establish the Task Force. |
9 | | (f) This Section is repealed on July 1, 2027.
|
10 | | (Source: P.A. 102-237, eff. 1-1-22.) |
11 | | Section 25. The State Finance Act is amended by changing |
12 | | Section 6z-99 as follows: |
13 | | (30 ILCS 105/6z-99) |
14 | | Sec. 6z-99. The Mental Health Reporting Fund. |
15 | | (a) There is created in the State treasury a special fund |
16 | | known as the Mental Health Reporting Fund. The Fund shall |
17 | | receive revenue under the Firearm Concealed Carry Act. The |
18 | | Fund may also receive revenue from grants, pass-through |
19 | | grants, donations, appropriations, and any other legal source. |
20 | | (b) The Illinois State Police and Department of Human |
21 | | Services shall coordinate to use moneys in the Fund to finance |
22 | | their respective duties of collecting and reporting data on |
23 | | mental health records and ensuring that mental health firearm |
24 | | possession prohibitors are enforced as set forth under the |
|
| | HB4530 | - 38 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Firearm Concealed Carry Act and the Firearm Owners |
2 | | Identification Card Act . Any surplus in the Fund beyond what |
3 | | is necessary to ensure compliance with mental health reporting |
4 | | under that Act these Acts shall be used by the Department of |
5 | | Human Services for mental health treatment programs as |
6 | | follows: (1) 50% shall be used to fund
community-based mental |
7 | | health programs aimed at reducing gun
violence, community |
8 | | integration and education, or mental
health awareness and |
9 | | prevention, including administrative
costs; and (2) 50% shall |
10 | | be used to award grants that use and
promote the National |
11 | | School Mental Health Curriculum model for
school-based mental |
12 | | health support, integration, and services. |
13 | | (c) Investment income that is attributable to the |
14 | | investment of moneys in the Fund shall be retained in the Fund |
15 | | for the uses specified in this Section.
|
16 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
17 | | revised 10-26-21.) |
18 | | Section 26. The Intergovernmental Drug Laws Enforcement |
19 | | Act is amended by changing Section 3 as follows:
|
20 | | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
|
21 | | Sec. 3.
A Metropolitan Enforcement Group which meets the |
22 | | minimum
criteria established in this Section is eligible to |
23 | | receive State grants
to help defray the costs of operation. To |
24 | | be eligible a MEG must:
|
|
| | HB4530 | - 39 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) Be established and operating pursuant to |
2 | | intergovernmental
contracts written and executed in |
3 | | conformity with the Intergovernmental
Cooperation Act, and |
4 | | involve 2 or more units of local government.
|
5 | | (2) Establish a MEG Policy Board composed of an |
6 | | elected official, or
his designee, and the chief law |
7 | | enforcement officer, or his designee,
from each |
8 | | participating unit of local government to oversee the
|
9 | | operations of the MEG and make such reports to the |
10 | | Illinois State
Police as the Illinois State
Police may |
11 | | require.
|
12 | | (3) Designate a single appropriate elected official of |
13 | | a
participating unit of local government to act as the |
14 | | financial officer
of the MEG for all participating units |
15 | | of local government and to
receive funds for the operation |
16 | | of the MEG.
|
17 | | (4) Limit its operations to enforcement of drug laws; |
18 | | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, |
19 | | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, |
20 | | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
21 | | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code |
22 | | of 2012; Sections 2, 3, 6.1, 14 of the Firearm Owners |
23 | | Identification Card Act; and the investigation of |
24 | | streetgang related offenses.
|
25 | | (5) Cooperate with the Illinois State Police in order |
26 | | to
assure compliance with this Act and to enable the |
|
| | HB4530 | - 40 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Illinois State
Police to fulfill
its duties under this |
2 | | Act, and supply the Illinois State
Police with all
|
3 | | information the Illinois State
Police deems necessary |
4 | | therefor.
|
5 | | (6) Receive funding of at least 50% of the total |
6 | | operating budget of
the MEG from the participating units |
7 | | of local government.
|
8 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
9 | | revised 10-6-21.)
|
10 | | Section 30. The Peace Officer Firearm Training Act is |
11 | | amended by changing Section 1 as follows:
|
12 | | (50 ILCS 710/1) (from Ch. 85, par. 515)
|
13 | | Sec. 1. Definitions. As used in this Act: |
14 | | (a) "Peace officer"
means (i) any person who by virtue of |
15 | | his office or public employment is
vested by law with a primary |
16 | | duty to maintain public order or to make
arrests for offenses, |
17 | | whether that duty extends to all offenses or is
limited to |
18 | | specific offenses, and who is employed in such capacity by any
|
19 | | county or municipality or (ii) any retired law enforcement |
20 | | officers qualified under federal law to carry a concealed |
21 | | weapon. |
22 | | (a-5) "Probation officer" means a county probation officer |
23 | | authorized by the Chief Judge of the Circuit Court to carry a |
24 | | firearm as part of his or her duties under Section 12 of the |
|
| | HB4530 | - 41 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Probation and Probation Officers Act and Section 24-2 of the |
2 | | Criminal Code of 2012. |
3 | | (b)
"Firearms" means any weapon or device defined as a |
4 | | firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of |
5 | | "An Act relating to the acquisition, possession and transfer |
6 | | of
firearms and firearm ammunition, to provide a penalty for |
7 | | the violation
thereof and to make an appropriation in |
8 | | connection therewith", approved
August 3, 1967, as amended .
|
9 | | (Source: P.A. 98-725, eff. 1-1-15 .)
|
10 | | Section 35. The School Code is amended by changing |
11 | | Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
|
12 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
|
13 | | (Text of Section before amendment by P.A. 102-466 )
|
14 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
15 | | searches.
|
16 | | (a) To expel pupils guilty of gross disobedience or |
17 | | misconduct, including gross disobedience or misconduct |
18 | | perpetuated by electronic means, pursuant to subsection (b-20) |
19 | | of this Section, and
no action shall lie against them for such |
20 | | expulsion. Expulsion shall
take place only after the parents |
21 | | have been requested to appear at a
meeting of the board, or |
22 | | with a hearing officer appointed by it, to
discuss their |
23 | | child's behavior. Such request shall be made by registered
or |
24 | | certified mail and shall state the time, place and purpose of |
|
| | HB4530 | - 42 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the
meeting. The board, or a hearing officer appointed by it, |
2 | | at such
meeting shall state the reasons for dismissal and the |
3 | | date on which the
expulsion is to become effective. If a |
4 | | hearing officer is appointed by
the board, he shall report to |
5 | | the board a written summary of the evidence
heard at the |
6 | | meeting and the board may take such action thereon as it
finds |
7 | | appropriate. If the board acts to expel a pupil, the written |
8 | | expulsion decision shall detail the specific reasons why |
9 | | removing the pupil from the learning environment is in the |
10 | | best interest of the school. The expulsion decision shall also |
11 | | include a rationale as to the specific duration of the |
12 | | expulsion. An expelled pupil may be immediately transferred to |
13 | | an alternative program in the manner provided in Article 13A |
14 | | or 13B of this Code. A pupil must not be denied transfer |
15 | | because of the expulsion, except in cases in which such |
16 | | transfer is deemed to cause a threat to the safety of students |
17 | | or staff in the alternative program.
|
18 | | (b) To suspend or by policy to authorize the |
19 | | superintendent of
the district or the principal, assistant |
20 | | principal, or dean of students
of any school to suspend pupils |
21 | | guilty of gross disobedience or misconduct, or
to suspend |
22 | | pupils guilty of gross disobedience or misconduct on the |
23 | | school bus
from riding the school bus, pursuant to subsections |
24 | | (b-15) and (b-20) of this Section, and no action
shall lie |
25 | | against them for such suspension. The board may by policy
|
26 | | authorize the superintendent of the district or the principal, |
|
| | HB4530 | - 43 - | LRB102 21798 RLC 30918 b |
|
|
1 | | assistant
principal, or dean of students of any
school to |
2 | | suspend pupils guilty of such acts for a period not to exceed
|
3 | | 10 school days. If a pupil is suspended due to gross |
4 | | disobedience or misconduct
on a school bus, the board may |
5 | | suspend the pupil in excess of 10
school
days for safety |
6 | | reasons. |
7 | | Any suspension shall be reported immediately to the
|
8 | | parents or guardian of a pupil along with a full statement of |
9 | | the
reasons for such suspension and a notice of their right to |
10 | | a review. The school board must be given a summary of the |
11 | | notice, including the reason for the suspension and the |
12 | | suspension length. Upon request of the
parents or guardian, |
13 | | the school board or a hearing officer appointed by
it shall |
14 | | review such action of the superintendent or principal, |
15 | | assistant
principal, or dean of students. At such
review, the |
16 | | parents or guardian of the pupil may appear and discuss the
|
17 | | suspension with the board or its hearing officer. If a hearing |
18 | | officer
is appointed by the board, he shall report to the board |
19 | | a written summary
of the evidence heard at the meeting. After |
20 | | its hearing or upon receipt
of the written report of its |
21 | | hearing officer, the board may take such
action as it finds |
22 | | appropriate. If a student is suspended pursuant to this |
23 | | subsection (b), the board shall, in the written suspension |
24 | | decision, detail the specific act of gross disobedience or |
25 | | misconduct resulting in the decision to suspend. The |
26 | | suspension decision shall also include a rationale as to the |
|
| | HB4530 | - 44 - | LRB102 21798 RLC 30918 b |
|
|
1 | | specific duration of the suspension. A pupil who is suspended |
2 | | in excess of 20 school days may be immediately transferred to |
3 | | an alternative program in the manner provided in Article 13A |
4 | | or 13B of this Code. A pupil must not be denied transfer |
5 | | because of the suspension, except in cases in which such |
6 | | transfer is deemed to cause a threat to the safety of students |
7 | | or staff in the alternative program.
|
8 | | (b-5) Among the many possible disciplinary interventions |
9 | | and consequences available to school officials, school |
10 | | exclusions, such as out-of-school suspensions and expulsions, |
11 | | are the most serious. School officials shall limit the number |
12 | | and duration of expulsions and suspensions to the greatest |
13 | | extent practicable, and it is recommended that they use them |
14 | | only for legitimate educational purposes. To ensure that |
15 | | students are not excluded from school unnecessarily, it is |
16 | | recommended that school officials consider forms of |
17 | | non-exclusionary discipline prior to using out-of-school |
18 | | suspensions or expulsions. |
19 | | (b-10) Unless otherwise required by federal law or this |
20 | | Code, school boards may not institute zero-tolerance policies |
21 | | by which school administrators are required to suspend or |
22 | | expel students for particular behaviors. |
23 | | (b-15) Out-of-school suspensions of 3 days or less may be |
24 | | used only if the student's continuing presence in school would |
25 | | pose a threat to school safety or a disruption to other |
26 | | students' learning opportunities. For purposes of this |
|
| | HB4530 | - 45 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subsection (b-15), "threat to school safety or a disruption to |
2 | | other students' learning opportunities" shall be determined on |
3 | | a case-by-case basis by the school board or its designee. |
4 | | School officials shall make all reasonable efforts to resolve |
5 | | such threats, address such disruptions, and minimize the |
6 | | length of suspensions to the greatest extent practicable. |
7 | | (b-20) Unless otherwise required by this Code, |
8 | | out-of-school suspensions of longer than 3 days, expulsions, |
9 | | and disciplinary removals to alternative schools may be used |
10 | | only if other appropriate and available behavioral and |
11 | | disciplinary interventions have been exhausted and the |
12 | | student's continuing presence in school would either (i) pose |
13 | | a
threat to the safety of other students, staff, or members of
|
14 | | the school community or (ii) substantially disrupt, impede, or
|
15 | | interfere with the operation of the school. For purposes of |
16 | | this subsection (b-20), "threat to the safety of other |
17 | | students, staff, or members of the school community" and |
18 | | "substantially disrupt, impede, or interfere with the |
19 | | operation of the school" shall be determined on a case-by-case |
20 | | basis by school officials. For purposes of this subsection |
21 | | (b-20), the determination of whether "appropriate and |
22 | | available behavioral and disciplinary interventions have been |
23 | | exhausted" shall be made by school officials. School officials |
24 | | shall make all reasonable efforts to resolve such threats, |
25 | | address such disruptions, and minimize the length of student |
26 | | exclusions to the greatest extent practicable. Within the |
|
| | HB4530 | - 46 - | LRB102 21798 RLC 30918 b |
|
|
1 | | suspension decision described in subsection (b) of this |
2 | | Section or the expulsion decision described in subsection (a) |
3 | | of this Section, it shall be documented whether other |
4 | | interventions were attempted or whether it was determined that |
5 | | there were no other appropriate and available interventions. |
6 | | (b-25) Students who are suspended out-of-school for longer |
7 | | than 4 school days shall be provided appropriate and available |
8 | | support services during the period of their suspension. For |
9 | | purposes of this subsection (b-25), "appropriate and available |
10 | | support services" shall be determined by school authorities. |
11 | | Within the suspension decision described in subsection (b) of |
12 | | this Section, it shall be documented whether such services are |
13 | | to be provided or whether it was determined that there are no |
14 | | such appropriate and available services. |
15 | | A school district may refer students who are expelled to |
16 | | appropriate and available support services. |
17 | | A school district shall create a policy to facilitate the |
18 | | re-engagement of students who are suspended out-of-school, |
19 | | expelled, or returning from an alternative school setting. |
20 | | (b-30) A school district shall create a policy by which |
21 | | suspended pupils, including those pupils suspended from the |
22 | | school bus who do not have alternate transportation to school, |
23 | | shall have the opportunity to make up work for equivalent |
24 | | academic credit. It shall be the responsibility of a pupil's |
25 | | parent or guardian to notify school officials that a pupil |
26 | | suspended from the school bus does not have alternate |
|
| | HB4530 | - 47 - | LRB102 21798 RLC 30918 b |
|
|
1 | | transportation to school. |
2 | | (c) A school board must invite a representative from a |
3 | | local mental health agency to consult with the board at the |
4 | | meeting whenever there is evidence that mental illness may be |
5 | | the cause of a student's expulsion or suspension.
|
6 | | (c-5) School districts shall make reasonable efforts to |
7 | | provide ongoing professional development to teachers, |
8 | | administrators, school board members, school resource |
9 | | officers, and staff on the adverse consequences of school |
10 | | exclusion and justice-system involvement, effective classroom |
11 | | management strategies, culturally responsive discipline, the |
12 | | appropriate and available supportive services for the |
13 | | promotion of student attendance and engagement, and |
14 | | developmentally appropriate disciplinary methods that promote |
15 | | positive and healthy school climates. |
16 | | (d) The board may expel a student for a definite period of |
17 | | time not to
exceed 2 calendar years, as determined on a |
18 | | case-by-case basis.
A student who
is determined to have |
19 | | brought one of the following objects to school, any |
20 | | school-sponsored activity
or event, or any activity or event |
21 | | that bears a reasonable relationship to school shall be |
22 | | expelled for a period of not less than
one year: |
23 | | (1) A firearm. For the purposes of this Section, |
24 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
25 | | by Section 921 of Title 18 of the United States Code, |
26 | | firearm as defined in Section 2-7.5 1.1 of the Firearm |
|
| | HB4530 | - 48 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Owners Identification Card Act, or firearm as defined in |
2 | | Section 24-1 of the Criminal Code of 2012. The expulsion |
3 | | period under this subdivision (1) may be modified by the |
4 | | superintendent, and the superintendent's determination may |
5 | | be modified by the board on a case-by-case basis. |
6 | | (2) A knife, brass knuckles or other knuckle weapon |
7 | | regardless of its composition, a billy club, or any other |
8 | | object if used or attempted to be used to cause bodily |
9 | | harm, including "look alikes" of any firearm as defined in |
10 | | subdivision (1) of this subsection (d). The expulsion |
11 | | requirement under this subdivision (2) may be modified by |
12 | | the superintendent, and the superintendent's determination |
13 | | may be modified by the board on a case-by-case basis. |
14 | | Expulsion
or suspension
shall be construed in a
manner |
15 | | consistent with the federal Individuals with Disabilities |
16 | | Education
Act. A student who is subject to suspension or |
17 | | expulsion as provided in this
Section may be eligible for a |
18 | | transfer to an alternative school program in
accordance with |
19 | | Article 13A of the School Code.
|
20 | | (d-5) The board may suspend or by regulation
authorize the |
21 | | superintendent of the district or the principal, assistant
|
22 | | principal, or dean of students of any
school to suspend a |
23 | | student for a period not to exceed
10 school days or may expel |
24 | | a student for a definite period of time not to
exceed 2 |
25 | | calendar years, as determined on a case-by-case basis, if (i) |
26 | | that student has been determined to have made an explicit |
|
| | HB4530 | - 49 - | LRB102 21798 RLC 30918 b |
|
|
1 | | threat on an Internet website against a school employee, a |
2 | | student, or any school-related personnel, (ii) the Internet |
3 | | website through which the threat was made is a site that was |
4 | | accessible within the school at the time the threat was made or |
5 | | was available to third parties who worked or studied within |
6 | | the school grounds at the time the threat was made, and (iii) |
7 | | the threat could be reasonably interpreted as threatening to |
8 | | the safety and security of the threatened individual because |
9 | | of his or her duties or employment status or status as a |
10 | | student inside the school.
|
11 | | (e) To maintain order and security in the schools, school |
12 | | authorities may
inspect and search places and areas such as |
13 | | lockers, desks, parking lots, and
other school property and |
14 | | equipment owned or controlled by the school, as well
as |
15 | | personal effects left in those places and areas by students, |
16 | | without notice
to or the consent of the student, and without a |
17 | | search warrant. As a matter of
public policy, the General |
18 | | Assembly finds that students have no reasonable
expectation of |
19 | | privacy in these places and areas or in their personal effects
|
20 | | left in these places and areas. School authorities may request |
21 | | the assistance
of law enforcement officials for the purpose of |
22 | | conducting inspections and
searches of lockers, desks, parking |
23 | | lots, and other school property and
equipment owned or |
24 | | controlled by the school for illegal drugs, weapons, or
other
|
25 | | illegal or dangerous substances or materials, including |
26 | | searches conducted
through the use of specially trained dogs. |
|
| | HB4530 | - 50 - | LRB102 21798 RLC 30918 b |
|
|
1 | | If a search conducted in accordance
with this Section produces |
2 | | evidence that the student has violated or is
violating either |
3 | | the law, local ordinance, or the school's policies or rules,
|
4 | | such evidence may be seized by school authorities, and |
5 | | disciplinary action may
be taken. School authorities may also |
6 | | turn over such evidence to law
enforcement authorities.
|
7 | | (f) Suspension or expulsion may include suspension or |
8 | | expulsion from
school and all school activities and a |
9 | | prohibition from being present on school
grounds.
|
10 | | (g) A school district may adopt a policy providing that if |
11 | | a student
is suspended or expelled for any reason from any |
12 | | public or private school
in this or any other state, the |
13 | | student must complete the entire term of
the suspension or |
14 | | expulsion in an alternative school program under Article 13A |
15 | | of this Code or an alternative learning opportunities program |
16 | | under Article 13B of this Code before being admitted into the |
17 | | school
district if there is no threat to the safety of students |
18 | | or staff in the alternative program.
|
19 | | (h) School officials shall not advise or encourage |
20 | | students to drop out voluntarily due to behavioral or academic |
21 | | difficulties. |
22 | | (i) A student may not be issued a monetary fine or fee as a |
23 | | disciplinary consequence, though this shall not preclude |
24 | | requiring a student to provide restitution for lost, stolen, |
25 | | or damaged property. |
26 | | (j) Subsections (a) through (i) of this Section shall |
|
| | HB4530 | - 51 - | LRB102 21798 RLC 30918 b |
|
|
1 | | apply to elementary and secondary schools, charter schools, |
2 | | special charter districts, and school districts organized |
3 | | under Article 34 of this Code. |
4 | | (k) The expulsion of children enrolled in programs funded |
5 | | under Section 1C-2 of this Code is subject to the requirements |
6 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
7 | | this Code. |
8 | | (l) Beginning with the 2018-2019 school year, an in-school |
9 | | suspension program provided by a school district for any |
10 | | students in kindergarten through grade 12 may focus on |
11 | | promoting non-violent conflict resolution and positive |
12 | | interaction with other students and school personnel. A school |
13 | | district may employ a school social worker or a licensed |
14 | | mental health professional to oversee an in-school suspension |
15 | | program in kindergarten through grade 12. |
16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) |
17 | | (Text of Section after amendment by P.A. 102-466 )
|
18 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
19 | | searches.
|
20 | | (a) To expel pupils guilty of gross disobedience or |
21 | | misconduct, including gross disobedience or misconduct |
22 | | perpetuated by electronic means, pursuant to subsection (b-20) |
23 | | of this Section, and
no action shall lie against them for such |
24 | | expulsion. Expulsion shall
take place only after the parents |
25 | | or guardians have been requested to appear at a
meeting of the |
|
| | HB4530 | - 52 - | LRB102 21798 RLC 30918 b |
|
|
1 | | board, or with a hearing officer appointed by it, to
discuss |
2 | | their child's behavior. Such request shall be made by |
3 | | registered
or certified mail and shall state the time, place |
4 | | and purpose of the
meeting. The board, or a hearing officer |
5 | | appointed by it, at such
meeting shall state the reasons for |
6 | | dismissal and the date on which the
expulsion is to become |
7 | | effective. If a hearing officer is appointed by
the board, he |
8 | | shall report to the board a written summary of the evidence
|
9 | | heard at the meeting and the board may take such action thereon |
10 | | as it
finds appropriate. If the board acts to expel a pupil, |
11 | | the written expulsion decision shall detail the specific |
12 | | reasons why removing the pupil from the learning environment |
13 | | is in the best interest of the school. The expulsion decision |
14 | | shall also include a rationale as to the specific duration of |
15 | | the expulsion. An expelled pupil may be immediately |
16 | | transferred to an alternative program in the manner provided |
17 | | in Article 13A or 13B of this Code. A pupil must not be denied |
18 | | transfer because of the expulsion, except in cases in which |
19 | | such transfer is deemed to cause a threat to the safety of |
20 | | students or staff in the alternative program.
|
21 | | (b) To suspend or by policy to authorize the |
22 | | superintendent of
the district or the principal, assistant |
23 | | principal, or dean of students
of any school to suspend pupils |
24 | | guilty of gross disobedience or misconduct, or
to suspend |
25 | | pupils guilty of gross disobedience or misconduct on the |
26 | | school bus
from riding the school bus, pursuant to subsections |
|
| | HB4530 | - 53 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (b-15) and (b-20) of this Section, and no action
shall lie |
2 | | against them for such suspension. The board may by policy
|
3 | | authorize the superintendent of the district or the principal, |
4 | | assistant
principal, or dean of students of any
school to |
5 | | suspend pupils guilty of such acts for a period not to exceed
|
6 | | 10 school days. If a pupil is suspended due to gross |
7 | | disobedience or misconduct
on a school bus, the board may |
8 | | suspend the pupil in excess of 10
school
days for safety |
9 | | reasons. |
10 | | Any suspension shall be reported immediately to the
|
11 | | parents or guardians of a pupil along with a full statement of |
12 | | the
reasons for such suspension and a notice of their right to |
13 | | a review. The school board must be given a summary of the |
14 | | notice, including the reason for the suspension and the |
15 | | suspension length. Upon request of the
parents or guardians, |
16 | | the school board or a hearing officer appointed by
it shall |
17 | | review such action of the superintendent or principal, |
18 | | assistant
principal, or dean of students. At such
review, the |
19 | | parents or guardians of the pupil may appear and discuss the
|
20 | | suspension with the board or its hearing officer. If a hearing |
21 | | officer
is appointed by the board, he shall report to the board |
22 | | a written summary
of the evidence heard at the meeting. After |
23 | | its hearing or upon receipt
of the written report of its |
24 | | hearing officer, the board may take such
action as it finds |
25 | | appropriate. If a student is suspended pursuant to this |
26 | | subsection (b), the board shall, in the written suspension |
|
| | HB4530 | - 54 - | LRB102 21798 RLC 30918 b |
|
|
1 | | decision, detail the specific act of gross disobedience or |
2 | | misconduct resulting in the decision to suspend. The |
3 | | suspension decision shall also include a rationale as to the |
4 | | specific duration of the suspension. A pupil who is suspended |
5 | | in excess of 20 school days may be immediately transferred to |
6 | | an alternative program in the manner provided in Article 13A |
7 | | or 13B of this Code. A pupil must not be denied transfer |
8 | | because of the suspension, except in cases in which such |
9 | | transfer is deemed to cause a threat to the safety of students |
10 | | or staff in the alternative program.
|
11 | | (b-5) Among the many possible disciplinary interventions |
12 | | and consequences available to school officials, school |
13 | | exclusions, such as out-of-school suspensions and expulsions, |
14 | | are the most serious. School officials shall limit the number |
15 | | and duration of expulsions and suspensions to the greatest |
16 | | extent practicable, and it is recommended that they use them |
17 | | only for legitimate educational purposes. To ensure that |
18 | | students are not excluded from school unnecessarily, it is |
19 | | recommended that school officials consider forms of |
20 | | non-exclusionary discipline prior to using out-of-school |
21 | | suspensions or expulsions. |
22 | | (b-10) Unless otherwise required by federal law or this |
23 | | Code, school boards may not institute zero-tolerance policies |
24 | | by which school administrators are required to suspend or |
25 | | expel students for particular behaviors. |
26 | | (b-15) Out-of-school suspensions of 3 days or less may be |
|
| | HB4530 | - 55 - | LRB102 21798 RLC 30918 b |
|
|
1 | | used only if the student's continuing presence in school would |
2 | | pose a threat to school safety or a disruption to other |
3 | | students' learning opportunities. For purposes of this |
4 | | subsection (b-15), "threat to school safety or a disruption to |
5 | | other students' learning opportunities" shall be determined on |
6 | | a case-by-case basis by the school board or its designee. |
7 | | School officials shall make all reasonable efforts to resolve |
8 | | such threats, address such disruptions, and minimize the |
9 | | length of suspensions to the greatest extent practicable. |
10 | | (b-20) Unless otherwise required by this Code, |
11 | | out-of-school suspensions of longer than 3 days, expulsions, |
12 | | and disciplinary removals to alternative schools may be used |
13 | | only if other appropriate and available behavioral and |
14 | | disciplinary interventions have been exhausted and the |
15 | | student's continuing presence in school would either (i) pose |
16 | | a
threat to the safety of other students, staff, or members of
|
17 | | the school community or (ii) substantially disrupt, impede, or
|
18 | | interfere with the operation of the school. For purposes of |
19 | | this subsection (b-20), "threat to the safety of other |
20 | | students, staff, or members of the school community" and |
21 | | "substantially disrupt, impede, or interfere with the |
22 | | operation of the school" shall be determined on a case-by-case |
23 | | basis by school officials. For purposes of this subsection |
24 | | (b-20), the determination of whether "appropriate and |
25 | | available behavioral and disciplinary interventions have been |
26 | | exhausted" shall be made by school officials. School officials |
|
| | HB4530 | - 56 - | LRB102 21798 RLC 30918 b |
|
|
1 | | shall make all reasonable efforts to resolve such threats, |
2 | | address such disruptions, and minimize the length of student |
3 | | exclusions to the greatest extent practicable. Within the |
4 | | suspension decision described in subsection (b) of this |
5 | | Section or the expulsion decision described in subsection (a) |
6 | | of this Section, it shall be documented whether other |
7 | | interventions were attempted or whether it was determined that |
8 | | there were no other appropriate and available interventions. |
9 | | (b-25) Students who are suspended out-of-school for longer |
10 | | than 4 school days shall be provided appropriate and available |
11 | | support services during the period of their suspension. For |
12 | | purposes of this subsection (b-25), "appropriate and available |
13 | | support services" shall be determined by school authorities. |
14 | | Within the suspension decision described in subsection (b) of |
15 | | this Section, it shall be documented whether such services are |
16 | | to be provided or whether it was determined that there are no |
17 | | such appropriate and available services. |
18 | | A school district may refer students who are expelled to |
19 | | appropriate and available support services. |
20 | | A school district shall create a policy to facilitate the |
21 | | re-engagement of students who are suspended out-of-school, |
22 | | expelled, or returning from an alternative school setting. |
23 | | (b-30) A school district shall create a policy by which |
24 | | suspended pupils, including those pupils suspended from the |
25 | | school bus who do not have alternate transportation to school, |
26 | | shall have the opportunity to make up work for equivalent |
|
| | HB4530 | - 57 - | LRB102 21798 RLC 30918 b |
|
|
1 | | academic credit. It shall be the responsibility of a pupil's |
2 | | parents or guardians to notify school officials that a pupil |
3 | | suspended from the school bus does not have alternate |
4 | | transportation to school. |
5 | | (b-35) In all suspension review hearings conducted
under |
6 | | subsection (b) or expulsion hearings conducted
under |
7 | | subsection (a), a student may disclose any factor to be |
8 | | considered in mitigation, including his or her status as
a |
9 | | parent, expectant parent, or victim of domestic or sexual |
10 | | violence, as defined in Article 26A. A representative of the
|
11 | | parent's or guardian's choice, or of the student's choice if |
12 | | emancipated, must be permitted to represent
the student |
13 | | throughout the proceedings and to address the school board or |
14 | | its appointed hearing officer. With the
approval of the |
15 | | student's parent or guardian, or of the student if |
16 | | emancipated, a support person
must be permitted to accompany |
17 | | the student to any disciplinary
hearings or proceedings. The |
18 | | representative or support person must comply with any rules of |
19 | | the school district's hearing process. If the representative |
20 | | or support person violates the rules or engages in behavior or |
21 | | advocacy that harasses, abuses, or intimidates either party, a |
22 | | witness, or anyone else in attendance at the hearing, the |
23 | | representative or support person may be prohibited from |
24 | | further participation in the hearing or proceeding. A |
25 | | suspension or expulsion proceeding
under this subsection |
26 | | (b-35) must be conducted independently
from any ongoing |
|
| | HB4530 | - 58 - | LRB102 21798 RLC 30918 b |
|
|
1 | | criminal investigation or proceeding, and an absence of |
2 | | pending or possible criminal charges, criminal investigations, |
3 | | or proceedings may not be a factor in school
disciplinary |
4 | | decisions. |
5 | | (b-40) During a suspension review hearing conducted
under |
6 | | subsection (b) or an expulsion hearing conducted
under |
7 | | subsection (a) that involves allegations of sexual
violence by |
8 | | the student who is subject to discipline, neither
the student |
9 | | nor his or her representative shall directly
question nor have |
10 | | direct contact with the alleged victim. The
student who is |
11 | | subject to discipline or his or her
representative may, at the |
12 | | discretion and direction of the
school board or its appointed |
13 | | hearing officer, suggest
questions to be posed by the school |
14 | | board or its appointed
hearing officer to the alleged victim. |
15 | | (c) A school board must invite a representative from a |
16 | | local mental health agency to consult with the board at the |
17 | | meeting whenever there is evidence that mental illness may be |
18 | | the cause of a student's expulsion or suspension.
|
19 | | (c-5) School districts shall make reasonable efforts to |
20 | | provide ongoing professional development to teachers, |
21 | | administrators, school board members, school resource |
22 | | officers, and staff on the adverse consequences of school |
23 | | exclusion and justice-system involvement, effective classroom |
24 | | management strategies, culturally responsive discipline, the |
25 | | appropriate and available supportive services for the |
26 | | promotion of student attendance and engagement, and |
|
| | HB4530 | - 59 - | LRB102 21798 RLC 30918 b |
|
|
1 | | developmentally appropriate disciplinary methods that promote |
2 | | positive and healthy school climates. |
3 | | (d) The board may expel a student for a definite period of |
4 | | time not to
exceed 2 calendar years, as determined on a |
5 | | case-by-case basis.
A student who
is determined to have |
6 | | brought one of the following objects to school, any |
7 | | school-sponsored activity
or event, or any activity or event |
8 | | that bears a reasonable relationship to school shall be |
9 | | expelled for a period of not less than
one year: |
10 | | (1) A firearm. For the purposes of this Section, |
11 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
12 | | by Section 921 of Title 18 of the United States Code, |
13 | | firearm as defined in Section 2-7.5 1.1 of the Firearm |
14 | | Owners Identification Card Act, or firearm as defined in |
15 | | Section 24-1 of the Criminal Code of 2012. The expulsion |
16 | | period under this subdivision (1) may be modified by the |
17 | | superintendent, and the superintendent's determination may |
18 | | be modified by the board on a case-by-case basis. |
19 | | (2) A knife, brass knuckles or other knuckle weapon |
20 | | regardless of its composition, a billy club, or any other |
21 | | object if used or attempted to be used to cause bodily |
22 | | harm, including "look alikes" of any firearm as defined in |
23 | | subdivision (1) of this subsection (d). The expulsion |
24 | | requirement under this subdivision (2) may be modified by |
25 | | the superintendent, and the superintendent's determination |
26 | | may be modified by the board on a case-by-case basis. |
|
| | HB4530 | - 60 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Expulsion
or suspension
shall be construed in a
manner |
2 | | consistent with the federal Individuals with Disabilities |
3 | | Education
Act. A student who is subject to suspension or |
4 | | expulsion as provided in this
Section may be eligible for a |
5 | | transfer to an alternative school program in
accordance with |
6 | | Article 13A of the School Code.
|
7 | | (d-5) The board may suspend or by regulation
authorize the |
8 | | superintendent of the district or the principal, assistant
|
9 | | principal, or dean of students of any
school to suspend a |
10 | | student for a period not to exceed
10 school days or may expel |
11 | | a student for a definite period of time not to
exceed 2 |
12 | | calendar years, as determined on a case-by-case basis, if (i) |
13 | | that student has been determined to have made an explicit |
14 | | threat on an Internet website against a school employee, a |
15 | | student, or any school-related personnel, (ii) the Internet |
16 | | website through which the threat was made is a site that was |
17 | | accessible within the school at the time the threat was made or |
18 | | was available to third parties who worked or studied within |
19 | | the school grounds at the time the threat was made, and (iii) |
20 | | the threat could be reasonably interpreted as threatening to |
21 | | the safety and security of the threatened individual because |
22 | | of his or her duties or employment status or status as a |
23 | | student inside the school.
|
24 | | (e) To maintain order and security in the schools, school |
25 | | authorities may
inspect and search places and areas such as |
26 | | lockers, desks, parking lots, and
other school property and |
|
| | HB4530 | - 61 - | LRB102 21798 RLC 30918 b |
|
|
1 | | equipment owned or controlled by the school, as well
as |
2 | | personal effects left in those places and areas by students, |
3 | | without notice
to or the consent of the student, and without a |
4 | | search warrant. As a matter of
public policy, the General |
5 | | Assembly finds that students have no reasonable
expectation of |
6 | | privacy in these places and areas or in their personal effects
|
7 | | left in these places and areas. School authorities may request |
8 | | the assistance
of law enforcement officials for the purpose of |
9 | | conducting inspections and
searches of lockers, desks, parking |
10 | | lots, and other school property and
equipment owned or |
11 | | controlled by the school for illegal drugs, weapons, or
other
|
12 | | illegal or dangerous substances or materials, including |
13 | | searches conducted
through the use of specially trained dogs. |
14 | | If a search conducted in accordance
with this Section produces |
15 | | evidence that the student has violated or is
violating either |
16 | | the law, local ordinance, or the school's policies or rules,
|
17 | | such evidence may be seized by school authorities, and |
18 | | disciplinary action may
be taken. School authorities may also |
19 | | turn over such evidence to law
enforcement authorities.
|
20 | | (f) Suspension or expulsion may include suspension or |
21 | | expulsion from
school and all school activities and a |
22 | | prohibition from being present on school
grounds.
|
23 | | (g) A school district may adopt a policy providing that if |
24 | | a student
is suspended or expelled for any reason from any |
25 | | public or private school
in this or any other state, the |
26 | | student must complete the entire term of
the suspension or |
|
| | HB4530 | - 62 - | LRB102 21798 RLC 30918 b |
|
|
1 | | expulsion in an alternative school program under Article 13A |
2 | | of this Code or an alternative learning opportunities program |
3 | | under Article 13B of this Code before being admitted into the |
4 | | school
district if there is no threat to the safety of students |
5 | | or staff in the alternative program. A school district that |
6 | | adopts a policy under this subsection (g) must include a |
7 | | provision allowing for consideration of any mitigating |
8 | | factors, including, but not limited to, a student's status as |
9 | | a parent, expectant parent, or victim of domestic or sexual |
10 | | violence, as defined in Article 26A.
|
11 | | (h) School officials shall not advise or encourage |
12 | | students to drop out voluntarily due to behavioral or academic |
13 | | difficulties. |
14 | | (i) A student may not be issued a monetary fine or fee as a |
15 | | disciplinary consequence, though this shall not preclude |
16 | | requiring a student to provide restitution for lost, stolen, |
17 | | or damaged property. |
18 | | (j) Subsections (a) through (i) of this Section shall |
19 | | apply to elementary and secondary schools, charter schools, |
20 | | special charter districts, and school districts organized |
21 | | under Article 34 of this Code. |
22 | | (k) The expulsion of children enrolled in programs funded |
23 | | under Section 1C-2 of this Code is subject to the requirements |
24 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
25 | | this Code. |
26 | | (l) Beginning with the 2018-2019 school year, an in-school |
|
| | HB4530 | - 63 - | LRB102 21798 RLC 30918 b |
|
|
1 | | suspension program provided by a school district for any |
2 | | students in kindergarten through grade 12 may focus on |
3 | | promoting non-violent conflict resolution and positive |
4 | | interaction with other students and school personnel. A school |
5 | | district may employ a school social worker or a licensed |
6 | | mental health professional to oversee an in-school suspension |
7 | | program in kindergarten through grade 12. |
8 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
9 | | 102-539, eff. 8-20-21; revised 9-23-21.)
|
10 | | (105 ILCS 5/10-27.1A)
|
11 | | Sec. 10-27.1A. Firearms in schools.
|
12 | | (a) All school officials, including teachers, school |
13 | | counselors, and
support staff, shall immediately notify the |
14 | | office of the principal in the
event that they observe any |
15 | | person in possession of a firearm on school
grounds; provided |
16 | | that taking such immediate action to notify the office of the
|
17 | | principal would not immediately endanger the health, safety, |
18 | | or welfare of
students who are under the direct supervision of |
19 | | the school official or the
school official. If the health, |
20 | | safety, or welfare of students under the
direct supervision of |
21 | | the school official or of the school official is
immediately |
22 | | endangered, the school official shall notify the office of the
|
23 | | principal as soon as the students under his or her supervision |
24 | | and he or she
are no longer under immediate danger. A report is |
25 | | not required by this Section
when the school official knows |
|
| | HB4530 | - 64 - | LRB102 21798 RLC 30918 b |
|
|
1 | | that the person in possession of the firearm is
a law |
2 | | enforcement official engaged in the conduct of his or her |
3 | | official
duties. Any school official acting in good faith who |
4 | | makes such a report under
this Section shall have immunity |
5 | | from any civil or criminal liability that
might otherwise be |
6 | | incurred as a result of making the report. The identity of
the |
7 | | school official making such report shall not be disclosed |
8 | | except as
expressly and specifically authorized by law. |
9 | | Knowingly and willfully failing
to comply with this Section is |
10 | | a petty offense. A second or subsequent offense
is a Class C |
11 | | misdemeanor.
|
12 | | (b) Upon receiving a report from any school official |
13 | | pursuant to this
Section, or from any other person, the |
14 | | principal or his or her designee shall
immediately notify a |
15 | | local law enforcement agency. If the person found to be
in |
16 | | possession of a firearm on school grounds is a student, the |
17 | | principal or
his or her designee shall also immediately notify |
18 | | that student's parent or
guardian. Any principal or his or her |
19 | | designee acting in good faith who makes
such reports under |
20 | | this Section shall have immunity from any civil or criminal
|
21 | | liability that might otherwise be incurred or imposed as a |
22 | | result of making
the reports. Knowingly and willfully failing |
23 | | to comply with this Section is a
petty offense. A second or |
24 | | subsequent offense is a Class C misdemeanor. If
the person |
25 | | found to be in possession of the firearm on school grounds is a
|
26 | | minor, the law enforcement agency shall detain that minor |
|
| | HB4530 | - 65 - | LRB102 21798 RLC 30918 b |
|
|
1 | | until such time as
the agency makes a determination pursuant |
2 | | to clause (a) of subsection (1) of
Section 5-401 of the |
3 | | Juvenile Court Act of 1987, as to whether the agency
|
4 | | reasonably believes that the minor is delinquent. If the law |
5 | | enforcement
agency determines that probable cause exists to |
6 | | believe that the minor
committed a violation of item (4) of |
7 | | subsection (a) of Section 24-1 of the
Criminal Code of 2012 |
8 | | while on school grounds, the agency shall detain the
minor for |
9 | | processing pursuant to Section 5-407 of the Juvenile Court Act |
10 | | of
1987.
|
11 | | (c) On or after January 1, 1997, upon receipt of any |
12 | | written,
electronic, or verbal report from any school |
13 | | personnel regarding a verified
incident involving a firearm in |
14 | | a school or on school owned or leased property,
including any |
15 | | conveyance owned,
leased, or used by the school for the |
16 | | transport of students or school
personnel, the superintendent |
17 | | or his or her designee shall report all such
firearm-related |
18 | | incidents occurring in a school or on school property to the
|
19 | | local law enforcement authorities immediately and to the |
20 | | Illinois State Police in a form, manner, and frequency as |
21 | | prescribed by the Illinois State Police.
|
22 | | The State Board of Education shall receive an annual |
23 | | statistical compilation
and related data associated with |
24 | | incidents involving firearms in schools from
the Illinois |
25 | | State Police. The State Board of Education shall compile
this |
26 | | information by school district and make it available to the |
|
| | HB4530 | - 66 - | LRB102 21798 RLC 30918 b |
|
|
1 | | public.
|
2 | | (d) As used in this Section, the term "firearm" shall have |
3 | | the meaning
ascribed to it in Section 2-7.5 of the Criminal |
4 | | Code of 2012 1.1 of the Firearm Owners Identification Card |
5 | | Act .
|
6 | | As used in this Section, the term "school" means any |
7 | | public or private
elementary or secondary school.
|
8 | | As used in this Section, the term "school grounds" |
9 | | includes the real property
comprising any school, any |
10 | | conveyance owned, leased, or contracted by a school
to |
11 | | transport students to or from school or a school-related |
12 | | activity, or any
public way within 1,000 feet of the real |
13 | | property comprising any school.
|
14 | | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
15 | | revised 10-6-21.)
|
16 | | (105 ILCS 5/34-8.05)
|
17 | | Sec. 34-8.05. Reporting firearms in schools. On or after |
18 | | January 1,
1997,
upon receipt of any written,
electronic, or |
19 | | verbal report from any school personnel regarding a verified
|
20 | | incident involving a firearm in a school or on school owned or |
21 | | leased property,
including any conveyance owned,
leased, or |
22 | | used by the school for the transport of students or school
|
23 | | personnel, the general superintendent or his or her designee |
24 | | shall report all
such
firearm-related incidents occurring in a |
25 | | school or on school property to the
local law enforcement |
|
| | HB4530 | - 67 - | LRB102 21798 RLC 30918 b |
|
|
1 | | authorities no later than 24 hours after the occurrence
of the |
2 | | incident and to the Illinois State Police in a form, manner, |
3 | | and
frequency as prescribed by the Illinois State Police.
|
4 | | The State Board of Education shall receive an annual |
5 | | statistical compilation
and related data associated with |
6 | | incidents involving firearms in schools from
the Illinois |
7 | | State Police. As used in this Section, the term "firearm"
|
8 | | shall have the meaning ascribed to it in Section 2-7.5 of the |
9 | | Criminal Code of 2012 1.1 of the Firearm Owners
Identification |
10 | | Card Act .
|
11 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
12 | | Section 40. The Illinois Explosives Act is amended by |
13 | | changing Section 2005 as follows:
|
14 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
15 | | Sec. 2005. Qualifications for licensure. |
16 | | (a) No person shall qualify to hold a license who: |
17 | | (1) is under 21 years of age; |
18 | | (2) has been convicted in any court of a crime |
19 | | punishable by imprisonment for a term exceeding one year; |
20 | | (3) is under indictment for a crime punishable by |
21 | | imprisonment for a term exceeding one year; |
22 | | (4) is a fugitive from justice; |
23 | | (5) is an unlawful user of or addicted to any |
24 | | controlled substance as defined in Section 102 of the |
|
| | HB4530 | - 68 - | LRB102 21798 RLC 30918 b |
|
|
1 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
2 | | seq.); |
3 | | (6) has been adjudicated a person with a mental |
4 | | disability as defined in Section 6-103.1 of the Mental |
5 | | Health and Developmental Disabilities Code 1.1 of the |
6 | | Firearm Owners Identification Card Act ; or |
7 | | (7) is not a legal citizen of the United States or |
8 | | lawfully admitted for permanent residence. |
9 | | (b) A person who has been granted a "relief from |
10 | | disabilities" regarding criminal convictions and indictments, |
11 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
12 | | 845) may receive a license provided all other qualifications |
13 | | under this Act are met.
|
14 | | (Source: P.A. 101-541, eff. 8-23-19.)
|
15 | | Section 45. The Private Detective, Private Alarm, Private |
16 | | Security, and
Locksmith Act of 2004 is amended by changing |
17 | | Sections 35-30 and 35-35 as follows:
|
18 | | (225 ILCS 447/35-30)
|
19 | | (Section scheduled to be repealed on January 1, 2024)
|
20 | | Sec. 35-30. Employee requirements. All employees of a
|
21 | | licensed agency, other than those exempted, shall apply for a
|
22 | | permanent employee registration card. The holder of an agency
|
23 | | license issued under this Act, known in this Section as
|
24 | | "employer", may employ in the conduct of his or her business
|
|
| | HB4530 | - 69 - | LRB102 21798 RLC 30918 b |
|
|
1 | | employees under the following provisions:
|
2 | | (a) No person shall be issued a permanent employee
|
3 | | registration card who:
|
4 | | (1) Is younger than 18 years of age.
|
5 | | (2) Is younger than 21 years of age if the
services |
6 | | will include being armed.
|
7 | | (3) Has been determined by the Department to
be unfit |
8 | | by reason of conviction of an offense in this or
another |
9 | | state, including registration as a sex offender, but not |
10 | | including a traffic offense. Persons convicted of felonies |
11 | | involving bodily harm, weapons, violence, or theft within |
12 | | the previous 10 years shall be presumed to be unfit for |
13 | | registration. The Department
shall adopt rules for making |
14 | | those determinations that shall
afford the applicant due |
15 | | process of law.
|
16 | | (4) Has had a license or permanent employee
|
17 | | registration card denied, suspended, or revoked under this |
18 | | Act (i) within one
year before the date the
person's |
19 | | application for permanent employee registration card
is |
20 | | received by the Department; and (ii) that refusal, denial,
|
21 | | suspension, or revocation was based on any provision of |
22 | | this
Act other than Section 40-50,
item (6) or (8) of |
23 | | subsection (a) of Section 15-10, subsection (b) of Section
|
24 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
25 | | subsection (b) of
Section 20-10, item (6) or (8) of |
26 | | subsection (a) of Section 25-10, subsection
(b) of Section |
|
| | HB4530 | - 70 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
2 | | subsection (b) of Section 30-10, or Section 10-40.
|
3 | | (5) Has been declared incompetent by any court
of |
4 | | competent jurisdiction by reason of mental disease or
|
5 | | defect and has not been restored.
|
6 | | (6) Has been dishonorably discharged from the
armed |
7 | | services of the United States.
|
8 | | (b) No person may be employed by a private
detective |
9 | | agency, private security contractor agency, private
alarm |
10 | | contractor agency, fingerprint vendor agency, or locksmith |
11 | | agency under this
Section until he or she has executed and |
12 | | furnished to the
employer, on forms furnished by the |
13 | | Department, a verified
statement to be known as "Employee's |
14 | | Statement" setting forth:
|
15 | | (1) The person's full name, age, and residence
|
16 | | address.
|
17 | | (2) The business or occupation engaged in for
the 5 |
18 | | years immediately before the date of the execution of
the |
19 | | statement, the place where the business or occupation was
|
20 | | engaged in, and the names of employers, if any.
|
21 | | (3) That the person has not had a license or
employee |
22 | | registration denied, revoked, or suspended under this
Act |
23 | | (i) within one year before the date the person's |
24 | | application
for permanent employee registration card is |
25 | | received by the
Department; and (ii) that refusal, denial, |
26 | | suspension, or
revocation was based on any provision of |
|
| | HB4530 | - 71 - | LRB102 21798 RLC 30918 b |
|
|
1 | | this Act other than
Section 40-50,
item (6) or (8) of |
2 | | subsection (a) of Section 15-10, subsection (b) of Section
|
3 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
4 | | subsection (b) of
Section 20-10, item (6) or (8) of |
5 | | subsection (a) of Section 25-10, subsection
(b) of Section |
6 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
7 | | subsection (b) of Section 30-10, or Section 10-40.
|
8 | | (4) Any conviction of a felony or misdemeanor.
|
9 | | (5) Any declaration of incompetence by a court
of |
10 | | competent jurisdiction that has not been restored.
|
11 | | (6) Any dishonorable discharge from the armed
services |
12 | | of the United States.
|
13 | | (7) Any other information as may be required by
any |
14 | | rule of the Department to show the good character,
|
15 | | competency, and integrity of the person executing the
|
16 | | statement.
|
17 | | (c) Each applicant for a permanent employee registration
|
18 | | card shall have his or her fingerprints submitted to the
|
19 | | Illinois State Police in an electronic format that
complies |
20 | | with the form and manner for requesting and
furnishing |
21 | | criminal history record information as prescribed
by the |
22 | | Illinois State Police. These fingerprints shall
be checked |
23 | | against the Illinois State Police and Federal
Bureau of |
24 | | Investigation criminal history record databases now
and |
25 | | hereafter filed. The Illinois State Police shall
charge |
26 | | applicants a fee for conducting the criminal history
records |
|
| | HB4530 | - 72 - | LRB102 21798 RLC 30918 b |
|
|
1 | | check, which shall be deposited in the State Police
Services |
2 | | Fund and shall not exceed the actual cost of the
records check. |
3 | | The Illinois State Police shall furnish,
pursuant to positive |
4 | | identification, records of Illinois
convictions to the |
5 | | Department. The Department may require
applicants to pay a |
6 | | separate fingerprinting fee, either to the
Department or |
7 | | directly to the vendor. The Department, in
its discretion, may |
8 | | allow an applicant who does not have
reasonable access to a |
9 | | designated vendor to provide his or her
fingerprints in an |
10 | | alternative manner. The
Department, in its discretion, may |
11 | | also use other
procedures in performing or obtaining criminal |
12 | | background
checks of applicants. Instead of submitting his or |
13 | | her
fingerprints, an individual may submit proof that is
|
14 | | satisfactory to the Department that an equivalent security
|
15 | | clearance has been conducted. Also, an individual who has
|
16 | | retired as a peace officer within 12 months of application may
|
17 | | submit verification, on forms provided by the Department and
|
18 | | signed by his or her employer, of his or her previous full-time |
19 | | employment as a
peace officer.
|
20 | | (d) The Department shall issue a permanent employee
|
21 | | registration card, in a form the Department prescribes, to all
|
22 | | qualified applicants.
The holder of a permanent employee |
23 | | registration card shall
carry the card at all times while |
24 | | actually engaged in the
performance of the duties of his or her |
25 | | employment.
Expiration and requirements for renewal of |
26 | | permanent employee
registration cards shall be established by |
|
| | HB4530 | - 73 - | LRB102 21798 RLC 30918 b |
|
|
1 | | rule of the
Department. Possession of a permanent employee |
2 | | registration
card does not in any way imply that the holder of |
3 | | the card is
employed by an agency unless the permanent |
4 | | employee
registration card is accompanied by the employee
|
5 | | identification card required by subsection (f) of this
|
6 | | Section.
|
7 | | (e) Each employer shall maintain a record of each
employee |
8 | | that is accessible to the duly authorized
representatives of |
9 | | the Department. The record shall contain
the following |
10 | | information:
|
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 |
|
| | HB4530 | - 74 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearm
control card. Each employer shall maintain a |
2 | | record for
each armed employee of each instance in which |
3 | | the employee's
weapon was discharged during the course of |
4 | | his or her
professional duties or activities. The record |
5 | | shall be
maintained on forms provided by the Department, a |
6 | | copy of
which must be filed with the Department within 15 |
7 | | days of an
instance. The record shall include the date and |
8 | | time of the
occurrence, the circumstances involved in the |
9 | | occurrence, and
any other information as the Department |
10 | | may 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 |
21 | | a valid permanent employee registration card by the |
22 | | Department.
|
23 | | The Department may, by rule, prescribe further
record |
24 | | requirements.
|
25 | | (f) Every employer shall furnish an employee
|
26 | | identification card to each of his or her employees. This
|
|
| | HB4530 | - 75 - | LRB102 21798 RLC 30918 b |
|
|
1 | | employee identification card shall contain a recent photograph
|
2 | | of the employee, the employee's name, the name and agency
|
3 | | license number of the employer, the employee's personal
|
4 | | description, the signature of the employer, the signature of
|
5 | | that employee, the date of issuance, and an employee
|
6 | | identification card number.
|
7 | | (g) No employer may issue an employee identification
card |
8 | | to any person who is not employed by the employer in
accordance |
9 | | with this Section or falsely state or represent
that a person |
10 | | is or has been in his or her employ. It is
unlawful for an |
11 | | applicant for registered employment to file
with the |
12 | | Department the fingerprints of a person other than
himself or |
13 | | herself.
|
14 | | (h) Every employer shall obtain the identification card
of |
15 | | every employee who terminates employment with him or her.
|
16 | | (i) Every employer shall maintain a separate roster of
the |
17 | | names of all employees currently working in an armed
capacity |
18 | | and submit the roster to the Department on request.
|
19 | | (j) No agency may employ any person to perform a
licensed |
20 | | activity under this Act unless the person possesses a
valid |
21 | | permanent employee registration card or a valid license
under |
22 | | this Act, or is exempt pursuant to subsection (n).
|
23 | | (k) Notwithstanding the provisions of subsection (j), an
|
24 | | agency may employ a person in a temporary capacity if all of
|
25 | | the following conditions are met:
|
26 | | (1) The agency completes in its entirety and
submits |
|
| | HB4530 | - 76 - | LRB102 21798 RLC 30918 b |
|
|
1 | | to the Department an application for a permanent
employee |
2 | | registration card, including the required fingerprint
|
3 | | receipt and fees.
|
4 | | (2) The agency has verification from the Department
|
5 | | that the applicant has no record of any criminal |
6 | | conviction
pursuant to the criminal history check |
7 | | conducted by the
Illinois State Police. The agency shall |
8 | | maintain the
verification of the results of the Illinois |
9 | | State Police
criminal history check as part of the |
10 | | employee record as
required under subsection (e) of this |
11 | | Section.
|
12 | | (3) The agency exercises due diligence to ensure
that |
13 | | the person is qualified under the requirements of the Act
|
14 | | to be issued a permanent employee registration card.
|
15 | | (4) The agency maintains a separate roster of the
|
16 | | names of all employees whose applications are currently
|
17 | | pending with the Department and submits the roster to the
|
18 | | Department on a monthly basis. Rosters are to be |
19 | | maintained
by the agency for a period of at least 24 |
20 | | months.
|
21 | | An agency may employ only a permanent employee applicant
|
22 | | for which it either submitted a permanent employee application
|
23 | | and all required forms and fees or it confirms with the
|
24 | | Department that a permanent employee application and all
|
25 | | required forms and fees have been submitted by another agency,
|
26 | | licensee or the permanent employee and all other requirements
|
|
| | HB4530 | - 77 - | LRB102 21798 RLC 30918 b |
|
|
1 | | of this Section are met.
|
2 | | The Department shall have the authority to revoke,
without |
3 | | a hearing, the temporary authority of an individual to
work |
4 | | upon receipt of Federal Bureau of Investigation
fingerprint |
5 | | data or a report of another official authority
indicating a |
6 | | criminal conviction. If the Department has not
received a |
7 | | temporary employee's Federal Bureau of
Investigation |
8 | | fingerprint data within 120 days of the date the
Department |
9 | | received the Illinois State Police fingerprint
data, the |
10 | | Department may, at its discretion, revoke the
employee's |
11 | | temporary authority to work with 15 days written
notice to the |
12 | | individual and the employing agency.
|
13 | | An agency may not employ a person in a temporary capacity
|
14 | | if it knows or reasonably should have known that the person
has |
15 | | been convicted of a crime under the laws of this State,
has |
16 | | been convicted in another state of any crime that is a
crime |
17 | | under the laws of this State, has been convicted of any
crime |
18 | | in a federal court, or has been posted as an unapproved
|
19 | | applicant by the Department. Notice by the Department to the
|
20 | | agency, via certified mail, personal delivery, electronic
|
21 | | mail, or posting on the Department's Internet site accessible
|
22 | | to the agency that the person has been convicted of a crime
|
23 | | shall be deemed constructive knowledge of the conviction on
|
24 | | the part of the agency. The Department may adopt rules to
|
25 | | implement this
subsection (k).
|
26 | | (l) No person may be employed under this Section in any
|
|
| | HB4530 | - 78 - | LRB102 21798 RLC 30918 b |
|
|
1 | | capacity if:
|
2 | | (1) the person, while so employed, is being paid by
|
3 | | the United States or any political subdivision for the |
4 | | time so
employed in addition to any payments he or she may |
5 | | receive
from the employer; or
|
6 | | (2) the person wears any portion of his or her
|
7 | | official uniform, emblem of authority, or equipment while |
8 | | so
employed.
|
9 | | (m) If information is discovered affecting the
|
10 | | registration of a person whose fingerprints were submitted
|
11 | | under this Section, the Department shall so notify the agency
|
12 | | that submitted the fingerprints on behalf of that person.
|
13 | | (n) Peace officers shall be exempt from the requirements
|
14 | | of this Section relating to permanent employee registration
|
15 | | cards. The agency shall remain responsible for any peace
|
16 | | officer employed under this exemption, regardless of whether
|
17 | | the peace officer is compensated as an employee or as an
|
18 | | independent contractor and as further defined by rule.
|
19 | | (o) Persons who have no access to confidential or
security |
20 | | information, who do not go to a client's or prospective |
21 | | client's residence or place of business, and who otherwise do |
22 | | not provide
traditional security services are exempt from |
23 | | employee
registration. Examples of exempt employees include, |
24 | | but are
not limited to, employees working in the capacity of |
25 | | ushers,
directors, ticket takers, cashiers, drivers, and |
26 | | reception
personnel. Confidential or security information is |
|
| | HB4530 | - 79 - | LRB102 21798 RLC 30918 b |
|
|
1 | | that which
pertains to employee files, scheduling, client |
2 | | contracts, or
technical security and alarm data.
|
3 | | (p) An applicant who is 21 years of age or older seeking a |
4 | | religious exemption to the photograph requirement of this |
5 | | Section shall furnish with the application an approved copy of |
6 | | United States Department of the Treasury Internal Revenue |
7 | | Service Form 4029. Regardless of age, an applicant seeking a |
8 | | religious exemption to this photograph requirement shall |
9 | | submit fingerprints in a form and manner prescribed by the |
10 | | Department with his or her application in lieu of a |
11 | | photograph. |
12 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
13 | | (225 ILCS 447/35-35)
|
14 | | (Section scheduled to be repealed on January 1, 2024)
|
15 | | Sec. 35-35. Requirement of a firearm control
card.
|
16 | | (a) No person shall perform duties that include the use,
|
17 | | carrying, or possession of a firearm in the performance of
|
18 | | those duties without complying with the provisions of this
|
19 | | Section and having been issued a valid firearm control
card by |
20 | | the Department.
|
21 | | (b) No employer shall employ any person to perform the
|
22 | | duties for which licensure or employee registration is |
23 | | required and allow
that person to carry a firearm unless that |
24 | | person has complied
with all the firearm training requirements |
25 | | of this Section and
has been issued a firearm control card. |
|
| | HB4530 | - 80 - | LRB102 21798 RLC 30918 b |
|
|
1 | | This Act
permits only the following to carry firearms while |
2 | | actually
engaged in the performance of their duties or while |
3 | | commuting
directly to or from their places of employment: |
4 | | persons
licensed as private detectives and their registered |
5 | | employees;
persons licensed as private security contractors |
6 | | and their
registered employees; persons licensed as private |
7 | | alarm
contractors and their registered employees; and |
8 | | employees of a
registered armed proprietary security force.
|
9 | | (c) Possession of a valid firearm control
card
allows a |
10 | | licensee or employee to carry a firearm not otherwise |
11 | | prohibited
by law while the licensee or employee is engaged in |
12 | | the performance of his
or her duties or while the licensee or |
13 | | employee is commuting directly to
or from the licensee's or |
14 | | employee's place or places of employment.
|
15 | | (d) The Department shall issue a firearm control
card to a |
16 | | person who has passed an approved firearm training
course, who |
17 | | is currently licensed or employed by an agency licensed by
|
18 | | this Act and has met all the requirements of this Act, and who |
19 | | is not prohibited under State or federal law from possessing a |
20 | | firearm
possesses a valid firearm owner identification card .
|
21 | | Application for the firearm control card shall be made
by the |
22 | | employer to the Department on forms provided by the
|
23 | | Department. The Department shall forward the card to the
|
24 | | employer who shall be responsible for its issuance to the |
25 | | licensee or
employee. The firearm control card shall be issued |
26 | | by
the Department and shall identify the person holding it and
|
|
| | HB4530 | - 81 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the name of the course where the licensee or employee received |
2 | | firearm
instruction and shall specify the type of weapon or |
3 | | weapons
the person is authorized by the Department to carry |
4 | | and for
which the person has been trained.
|
5 | | (e) Expiration and requirements for renewal of firearm |
6 | | control cards shall be determined by rule.
|
7 | | (f) The Department may, in addition to any other
|
8 | | disciplinary action permitted by this Act, refuse to issue,
|
9 | | suspend, or revoke a firearm control card if the
applicant or |
10 | | holder has been convicted of any felony or crime
involving the |
11 | | illegal use, carrying, or possession of a deadly
weapon or for |
12 | | a violation of this Act or rules adopted promulgated
under |
13 | | this Act. The Department shall refuse to issue or shall
revoke |
14 | | a firearm control card if the applicant or holder is |
15 | | prohibited under State or federal law from possessing a |
16 | | firearm
fails to possess a valid firearm owners identification |
17 | | card without hearing .
The Secretary shall summarily suspend a |
18 | | firearm control
card if the Secretary finds that its continued |
19 | | use would
constitute an imminent danger to the public. A |
20 | | hearing shall
be held before the Board within 30 days if the |
21 | | Secretary
summarily suspends a firearm control card.
|
22 | | (g) Notwithstanding any other provision of this Act to the
|
23 | | contrary, all requirements relating to firearms control
cards |
24 | | do not apply to a peace officer. If an individual ceases to be |
25 | | employed as a peace officer and continues to perform services |
26 | | in an armed capacity under this Act that are licensed |
|
| | HB4530 | - 82 - | LRB102 21798 RLC 30918 b |
|
|
1 | | activities, then the individual is required to obtain a |
2 | | permanent employee registration card pursuant to Section 35-30 |
3 | | of this Act and must possess a valid Firearm Owner's |
4 | | Identification Card , but is not required to obtain a firearm |
5 | | control card if the individual is otherwise in continuing |
6 | | compliance with the federal Law Enforcement Officers Safety |
7 | | Act of 2004. If an individual elects to carry a firearm |
8 | | pursuant to the federal Law Enforcement Officers Safety Act of |
9 | | 2004, then the agency employing the officer is required to |
10 | | submit a notice of that election to the Department along with a |
11 | | fee specified by rule.
|
12 | | (h) The Department may issue a temporary firearm control |
13 | | card pending issuance of a new firearm control card upon an |
14 | | agency's acquiring of an established armed account. An agency |
15 | | that has acquired armed employees as a result of acquiring an |
16 | | established armed account may, on forms supplied by the |
17 | | Department, request the issuance of a temporary firearm |
18 | | control card for each acquired employee who held a valid |
19 | | firearm control card under his or her employment with the |
20 | | newly acquired established armed account immediately preceding |
21 | | the acquiring of the account and who continues to meet all of |
22 | | the qualifications for issuance of a firearm control card set |
23 | | forth in this Act and any rules adopted under this Act. The |
24 | | Department shall, by rule, set the fee for issuance of a |
25 | | temporary firearm control card.
|
26 | | (i) The Department shall not issue a firearm control card |
|
| | HB4530 | - 83 - | LRB102 21798 RLC 30918 b |
|
|
1 | | to a licensed fingerprint vendor or a licensed locksmith or |
2 | | employees of a licensed fingerprint vendor agency or a |
3 | | licensed locksmith agency.
|
4 | | (Source: P.A. 100-712, eff. 8-3-18.)
|
5 | | Section 50. The Mental Health and Developmental |
6 | | Disabilities Code is amended by changing Sections 6-103.1, |
7 | | 6-103.2, and 6-103.3 as follows: |
8 | | (405 ILCS 5/6-103.1) |
9 | | Sec. 6-103.1. Adjudication as a person with a mental |
10 | | disability. When a person has been adjudicated as a person |
11 | | with a mental disability as defined in Section 1.1 of the |
12 | | Firearm Owners Identification Card Act , including, but not |
13 | | limited to, an adjudication as a person with a disability as |
14 | | defined in Section 11a-2 of the Probate Act of 1975, the court |
15 | | shall direct
the circuit court clerk to notify the
Illinois |
16 | | State Police , Firearm Owner's Identification
(FOID) Office , in |
17 | | a form and manner prescribed by the Illinois State Police, and |
18 | | shall forward a copy of the court order to the Department no |
19 | | later than 7 days after the entry of the order. Upon receipt of |
20 | | the order, the Illinois State Police shall provide |
21 | | notification to the National Instant Criminal Background Check |
22 | | System. In this Section, "has been adjudicated as a mentally |
23 | | disabled person" means the person is the subject of a |
24 | | determination by a court, board, commission, or other lawful |
|
| | HB4530 | - 84 - | LRB102 21798 RLC 30918 b |
|
|
1 | | authority that the person, as a result of marked subnormal |
2 | | intelligence, or mental illness, mental impairment, |
3 | | incompetency, condition, or disease:
|
4 | | (1) presents a clear and present danger to himself, |
5 | | herself, or to others;
|
6 | | (2) lacks the mental capacity to manage his or her own |
7 | | affairs or is adjudicated a disabled person as defined in |
8 | | Section 11a-2 of the Probate Act of 1975; |
9 | | (3) is not guilty in a criminal case by reason of |
10 | | insanity, mental disease or defect; |
11 | | (3.5) is guilty but mentally ill, as provided in |
12 | | Section 5-2-6 of the Unified Code of Corrections; |
13 | | (4) is unfit to stand trial in a criminal case; |
14 | | (5) is not guilty by reason of lack of mental |
15 | | responsibility under Articles 50a and 72b of the Uniform |
16 | | Code of Military Justice, 10 U.S.C. 850a, 876b; |
17 | | (6) is a sexually violent person under subsection (f) |
18 | | of Section 5 of the Sexually Violent Persons Commitment |
19 | | Act; |
20 | | (7) is a sexually dangerous person under the Sexually |
21 | | Dangerous Persons Act; |
22 | | (8) is unfit to stand trial under the Juvenile Court |
23 | | Act of 1987; |
24 | | (9) is not guilty by reason of insanity under the
|
25 | | Juvenile Court Act of 1987; |
26 | | (10) is a person subject to involuntary admission on |
|
| | HB4530 | - 85 - | LRB102 21798 RLC 30918 b |
|
|
1 | | an
inpatient basis as defined in Section 1-119 of the |
2 | | Mental Health and Developmental Disabilities Code; |
3 | | (11) is a person subject to involuntary admission on |
4 | | an
outpatient basis as defined in Section 1-119.1 of the |
5 | | Mental Health and Developmental Disabilities Code; |
6 | | (12) is subject to judicial admission as set forth in
|
7 | | Section 4-500 of the Mental Health and Developmental |
8 | | Disabilities Code; or |
9 | | (13) is subject to the provisions of the Interstate
|
10 | | Agreements on Sexually Dangerous Persons Act. |
11 | | (Source: P.A. 102-538, eff. 8-20-21.) |
12 | | (405 ILCS 5/6-103.2) |
13 | | Sec. 6-103.2. Developmental disability; notice. If a |
14 | | person 14 years old or older is determined to be a person with |
15 | | a developmental disability by a physician, clinical |
16 | | psychologist, or qualified examiner, the physician, clinical |
17 | | psychologist, or qualified examiner shall notify the |
18 | | Department of Human Services within 7 days of making the |
19 | | determination that the person has a developmental disability. |
20 | | The Department of Human Services shall immediately update its |
21 | | records and information relating to mental health and |
22 | | developmental disabilities, and if appropriate, shall notify |
23 | | the Illinois State Police in a form and manner prescribed by |
24 | | the Illinois State Police. Information disclosed under this |
25 | | Section shall remain privileged and confidential, and shall |
|
| | HB4530 | - 86 - | LRB102 21798 RLC 30918 b |
|
|
1 | | not be redisclosed, except as required under paragraph (2) of |
2 | | subsection (e) of Section 24-4.5 of the Criminal Code of 2012 |
3 | | subsection (e) of Section 3.1 of the Firearm Owners |
4 | | Identification Card Act , nor used for any other purpose. The |
5 | | method of providing this information shall guarantee that the |
6 | | information is not released beyond that which is necessary for |
7 | | the purpose of this Section and shall be provided by rule by |
8 | | the Department of Human Services. The identity of the person |
9 | | reporting under this Section shall not be disclosed to the |
10 | | subject of the report. |
11 | | The physician, clinical psychologist, or qualified |
12 | | examiner making the determination and his or her employer may |
13 | | not be held criminally, civilly, or professionally liable for |
14 | | making or not making the notification required under this |
15 | | Section, except for willful or wanton misconduct.
|
16 | | In this Section, "developmentally disabled" has the |
17 | | meaning ascribed to it in Section 12 of the Mental Health and |
18 | | Developmental Disabilities Confidentiality Act. |
19 | | In For purposes of this Section, "developmental |
20 | | disability" means a disability which is attributable to any |
21 | | other condition which results in impairment similar to that |
22 | | caused by an intellectual disability and which requires |
23 | | services similar to those required by intellectually disabled |
24 | | persons. The disability must originate before the age of 18 |
25 | | years, be expected to continue indefinitely, and constitute a |
26 | | substantial disability. This disability results, in the |
|
| | HB4530 | - 87 - | LRB102 21798 RLC 30918 b |
|
|
1 | | professional opinion of a physician, clinical psychologist, or |
2 | | qualified examiner, in significant functional limitations in 3 |
3 | | or more of the following areas of major life activity: |
4 | | (i) self-care; |
5 | | (ii) receptive and expressive language; |
6 | | (iii) learning; |
7 | | (iv) mobility; or |
8 | | (v) self-direction. |
9 | | "Determined to be a person with a developmental disability |
10 | | by a physician, clinical psychologist, or qualified examiner" |
11 | | means in the professional opinion of the physician, clinical |
12 | | psychologist, or qualified examiner, a person is diagnosed, |
13 | | assessed, or evaluated as having a developmental disability. |
14 | | (Source: P.A. 102-538, eff. 8-20-21.) |
15 | | (405 ILCS 5/6-103.3) |
16 | | Sec. 6-103.3. Clear and present danger; notice. If a |
17 | | person is determined to pose a clear and present danger to |
18 | | himself, herself, or to others by a physician, clinical |
19 | | psychologist, or qualified examiner, whether employed by the |
20 | | State, by any public or private mental health facility or part |
21 | | thereof, or by a law enforcement official or a school |
22 | | administrator, then the physician, clinical psychologist, |
23 | | qualified examiner shall notify the Department of Human |
24 | | Services and a law enforcement official or school |
25 | | administrator shall notify the Illinois State Police, within |
|
| | HB4530 | - 88 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 24 hours of making the determination that the person poses a |
2 | | clear and present danger. The Department of Human Services |
3 | | shall immediately update its records and information relating |
4 | | to mental health and developmental disabilities, and if |
5 | | appropriate, shall notify the Illinois State Police in a form |
6 | | and manner prescribed by the Illinois State Police. |
7 | | Information disclosed under this Section shall remain |
8 | | privileged and confidential, and shall not be redisclosed, |
9 | | except as required under paragraph (2) of subsection (e) of |
10 | | Section 24-4.5 of the Criminal Code of 2012 subsection (e) of |
11 | | Section 3.1 of the Firearm Owners Identification Card Act , nor |
12 | | used for any other purpose. The method of providing this |
13 | | information shall guarantee that the information is not |
14 | | released beyond that which is necessary for the purpose of |
15 | | this Section and shall be provided by rule by the Department of |
16 | | Human Services. The identity of the person reporting under |
17 | | this Section shall not be disclosed to the subject of the |
18 | | report. The physician, clinical psychologist, qualified |
19 | | examiner, law enforcement official, or school administrator |
20 | | making the determination and his or her employer shall not be |
21 | | held criminally, civilly, or professionally liable for making |
22 | | or not making the notification required under this Section, |
23 | | except for willful or wanton misconduct. This Section does not |
24 | | apply to a law enforcement official, if making the |
25 | | notification under this Section will interfere with an ongoing |
26 | | or pending criminal investigation. |
|
| | HB4530 | - 89 - | LRB102 21798 RLC 30918 b |
|
|
1 | | In For the purposes of this Section: |
2 | | "Clear and present danger" means a person who: |
3 | | (1) communicates a serious threat of physical
|
4 | | violence against a reasonably identifiable victim or |
5 | | poses a clear and imminent risk of serious physical |
6 | | injury to himself, herself, or another person as |
7 | | determined by a physician, clinical psychologist, or |
8 | | qualified examiner; or |
9 | | (2) demonstrates threatening physical or verbal
|
10 | | behavior, such as violent, suicidal, or assaultive |
11 | | threats, actions, or other behavior, as determined by |
12 | | a physician, clinical psychologist, qualified |
13 | | examiner, school administrator, or law enforcement |
14 | | official. |
15 | | "Physician", "clinical psychologist", and "qualified |
16 | | examiner" have the meanings ascribed to them in the Mental |
17 | | Health and Developmental Disabilities Code has the meaning |
18 | | ascribed to it in Section 1.1 of the Firearm Owners |
19 | | Identification Card Act . |
20 | | "Determined to pose a clear and present danger to |
21 | | himself, herself, or to others by a physician, clinical |
22 | | psychologist, or qualified examiner" means in the |
23 | | professional opinion of the physician, clinical |
24 | | psychologist, or qualified examiner, a person poses a |
25 | | clear and present danger. |
26 | | "School administrator" means the person required to |
|
| | HB4530 | - 90 - | LRB102 21798 RLC 30918 b |
|
|
1 | | report under the School Administrator Reporting of Mental |
2 | | Health Clear and Present Danger Determinations Law.
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.) |
4 | | Section 55. The Lead Poisoning Prevention Act is amended |
5 | | by changing Section 2 as follows:
|
6 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
|
7 | | Sec. 2. Definitions. As used in this Act:
|
8 | | "Child care facility" means any structure used by a child |
9 | | care
provider licensed by the Department of Children and |
10 | | Family Services or
public or private school structure |
11 | | frequented by children 6 years of
age or younger.
|
12 | | "Childhood Lead Risk Questionnaire" means the |
13 | | questionnaire developed by the Department for use by |
14 | | physicians and other health care providers to determine risk |
15 | | factors for children 6 years of age or younger residing in |
16 | | areas designated as low risk for lead exposure. |
17 | | "Delegate agency" means a unit of local government or |
18 | | health
department approved by the Department to carry out the |
19 | | provisions of this Act.
|
20 | | "Department" means the Department of Public Health.
|
21 | | "Director" means the Director of Public Health.
|
22 | | "Dwelling unit" means an individual unit within a |
23 | | residential building used as living quarters for one |
24 | | household. |
|
| | HB4530 | - 91 - | LRB102 21798 RLC 30918 b |
|
|
1 | | "Elevated blood lead level" means a blood lead level in |
2 | | excess of the limits established under State rules. |
3 | | "Exposed surface" means any interior or exterior surface |
4 | | of
a regulated facility. |
5 | | "High risk area" means an area in the State determined by |
6 | | the Department to
be high risk for lead exposure for children 6 |
7 | | years of age or younger. The
Department may consider, but is |
8 | | not limited to, the following factors to
determine a high risk |
9 | | area: age and condition (using Department of Housing and
Urban
|
10 | | Development definitions of "slum" and "blighted") of housing, |
11 | | proximity to
highway traffic or heavy local traffic or both, |
12 | | percentage of housing
determined as rental or vacant, |
13 | | proximity to industry using lead, established
incidence of |
14 | | elevated blood lead levels in children, percentage of |
15 | | population
living
below 200% of federal poverty guidelines, |
16 | | and number of children residing in
the area who are 6 years of |
17 | | age or younger.
|
18 | | "Lead abatement" means any approved work practices that |
19 | | will permanently eliminate lead exposure or remove the |
20 | | lead-bearing substances in a regulated facility. The |
21 | | Department shall establish by rule which work practices are |
22 | | approved or prohibited for lead abatement. |
23 | | "Lead abatement contractor" means any person or entity |
24 | | licensed by the
Department to perform lead abatement and |
25 | | mitigation.
|
26 | | "Lead abatement supervisor" means any person employed by a |
|
| | HB4530 | - 92 - | LRB102 21798 RLC 30918 b |
|
|
1 | | lead abatement contractor and licensed by the Department to |
2 | | perform lead abatement and lead mitigation and to supervise |
3 | | lead workers who perform lead abatement and lead mitigation. |
4 | | "Lead abatement worker" means any person employed by a |
5 | | lead abatement
contractor and licensed by the Department to |
6 | | perform lead abatement and
mitigation.
|
7 | | "Lead activities" means the conduct of any lead services, |
8 | | including, lead inspection, lead risk assessment, lead |
9 | | mitigation, or lead abatement work or supervision in a |
10 | | regulated facility. |
11 | | "Lead-bearing substance" means any item containing or |
12 | | coated with lead such that the lead content is more than |
13 | | six-hundredths of one percent (0.06%) lead by total weight; or |
14 | | any dust on surfaces or in
furniture or other nonpermanent |
15 | | elements of the regulated facility; or any paint or
other |
16 | | surface coating material containing more than five-tenths of |
17 | | one
percent (0.5%) lead by total weight (calculated as lead |
18 | | metal) in the total
non-volatile content of liquid paint; or |
19 | | lead-bearing substances containing
greater than one milligram |
20 | | per square centimeter or any lower standard for
lead content |
21 | | in residential paint as may be established by federal law or |
22 | | rule; or more than 1 milligram per square centimeter in the |
23 | | dried
film of paint or previously applied substance; or item |
24 | | or dust on item containing lead in
excess of the amount |
25 | | specified in the rules authorized by
this Act or a lower |
26 | | standard for lead content as may be established by
federal law |
|
| | HB4530 | - 93 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or rule. "Lead-bearing substance" does not include firearm |
2 | | ammunition or components as defined by Section 2-7.1 of the |
3 | | Criminal Code of 2012 the Firearm Owners Identification Card |
4 | | Act .
|
5 | | "Lead hazard" means a lead-bearing substance that poses an
|
6 | | immediate health hazard to humans.
|
7 | | "Lead hazard screen" means a lead risk assessment that |
8 | | involves limited dust and paint sampling for lead-bearing |
9 | | substances and lead hazards. This service is used as a |
10 | | screening tool designed to determine if further lead |
11 | | investigative services are required for the regulated |
12 | | facility. |
13 | | "Lead inspection" means a surface-by-surface investigation |
14 | | to determine the presence of lead-based paint. |
15 | | "Lead inspector" means an individual who has been trained |
16 | | by a Department-approved training program and is licensed by |
17 | | the Department to conduct lead inspections; to sample for the |
18 | | presence of lead in paint, dust, soil, and water; and to |
19 | | conduct compliance investigations. |
20 | | "Lead mitigation" means the remediation, in a
manner |
21 | | described in Section 9, of a lead hazard so that the
|
22 | | lead-bearing substance does not pose an immediate
health |
23 | | hazard to humans. |
24 | | "Lead poisoning" means having an elevated blood lead |
25 | | level.
|
26 | | "Lead risk assessment" means an on-site investigation to |
|
| | HB4530 | - 94 - | LRB102 21798 RLC 30918 b |
|
|
1 | | determine the existence, nature, severity, and location of |
2 | | lead hazards. "Lead risk assessment" includes any lead |
3 | | sampling and visual assessment associated with conducting a |
4 | | lead risk assessment and lead hazard screen and all lead |
5 | | sampling associated with compliance investigations. |
6 | | "Lead risk assessor" means an individual who has been |
7 | | trained by a Department-approved training program and is |
8 | | licensed by the Department to conduct lead risk assessments, |
9 | | lead inspections, and lead hazard screens; to sample for the |
10 | | presence of lead in paint, dust, soil, water, and sources for |
11 | | lead-bearing substances; and to conduct compliance |
12 | | investigations. |
13 | | "Lead training program provider" means any person |
14 | | providing Department-approved lead training in Illinois to |
15 | | individuals seeking licensure in accordance with the Act. |
16 | | "Low risk area" means an area in the State determined by
|
17 | | the Department to be low risk for lead exposure for children 6 |
18 | | years of age or younger. The Department may consider the |
19 | | factors named in "high risk area" to determine low
risk areas. |
20 | | "Owner" means any person, who alone, jointly, or severally |
21 | | with
others:
|
22 | | (a) Has legal title to any regulated facility, with or
|
23 | | without actual possession of the regulated facility, or
|
24 | | (b) Has charge, care, or control of the regulated |
25 | | facility as owner or agent of the owner, or as executor, |
26 | | administrator,
trustee, or guardian of the estate of the |
|
| | HB4530 | - 95 - | LRB102 21798 RLC 30918 b |
|
|
1 | | owner.
|
2 | | "Person" means any individual, partnership, firm, company, |
3 | | limited liability company, corporation, association, joint |
4 | | stock company, trust, estate, political subdivision, State |
5 | | agency, or any other legal entity, or their legal |
6 | | representative, agent, or assign.
|
7 | | "Regulated facility" means a residential building or child |
8 | | care facility. |
9 | | "Residential building" means any room, group of rooms, or |
10 | | other
interior areas of a structure designed or used for human |
11 | | habitation; common
areas accessible by inhabitants; and the |
12 | | surrounding property or structures.
|
13 | | (Source: P.A. 100-723, eff. 1-1-19 .)
|
14 | | (430 ILCS 65/Act rep.)
|
15 | | Section 60. The Firearm Owners Identification Card Act is |
16 | | repealed. |
17 | | Section 65. The Firearm Concealed Carry Act is amended by |
18 | | changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows: |
19 | | (430 ILCS 66/25)
|
20 | | Sec. 25. Qualifications for a license. |
21 | | The Illinois State Police shall issue a license to an |
22 | | applicant completing an application in accordance with Section |
23 | | 30 of this Act if the person: |
|
| | HB4530 | - 96 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) is at least 21 years of age; |
2 | | (2) has a currently valid Firearm Owner's |
3 | | Identification Card and at the time of application meets |
4 | | the requirements for the issuance of a Firearm Owner's |
5 | | Identification Card and is not prohibited under State the |
6 | | Firearm Owners Identification Card Act or federal law from |
7 | | possessing or receiving a firearm; |
8 | | (3) has not been convicted or found guilty in this |
9 | | State or in any other state of: |
10 | | (A) a misdemeanor involving the use or threat of |
11 | | physical force or violence to any person within the 5 |
12 | | years preceding the date of the license application; |
13 | | or |
14 | | (B) 2 or more violations related to driving while |
15 | | under the influence of alcohol, other drug or drugs, |
16 | | intoxicating compound or compounds, or any combination |
17 | | thereof, within the 5 years preceding the date of the |
18 | | license application; |
19 | | (4) is not the subject of a pending arrest warrant, |
20 | | prosecution, or proceeding for an offense or action that |
21 | | could lead to disqualification to own or possess a |
22 | | firearm; |
23 | | (5) has not been in residential or court-ordered |
24 | | treatment for alcoholism, alcohol detoxification, or drug |
25 | | treatment within the 5 years immediately preceding the |
26 | | date of the license application; and |
|
| | HB4530 | - 97 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (6) has completed firearms training and any education |
2 | | component required under Section 75 of this Act.
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.) |
4 | | (430 ILCS 66/30)
|
5 | | Sec. 30. Contents of license application. |
6 | | (a) The license application shall be in writing, under |
7 | | penalty of perjury, on a standard form adopted by the Illinois |
8 | | State Police and shall be accompanied by the documentation |
9 | | required in this Section and the applicable fee. Each |
10 | | application form shall include the following statement printed |
11 | | in bold type: "Warning: Entering false information on this |
12 | | form is punishable as perjury under Section 32-2 of the |
13 | | Criminal Code of 2012." |
14 | | (b) The application shall contain the following: |
15 | | (1) the applicant's name, current address, date and |
16 | | year of birth, place of birth, height, weight, hair color, |
17 | | eye color, maiden name or any other name the applicant has |
18 | | used or identified with, and any address where the |
19 | | applicant resided for more than 30 days within the 10 |
20 | | years preceding the date of the license application; |
21 | | (2) the applicant's valid driver's license number or |
22 | | valid state identification card number; |
23 | | (3) a waiver of the applicant's privacy and |
24 | | confidentiality rights and privileges under all federal |
25 | | and state laws, including those limiting access to |
|
| | HB4530 | - 98 - | LRB102 21798 RLC 30918 b |
|
|
1 | | juvenile court, criminal justice, psychological, or |
2 | | psychiatric records or records relating to any |
3 | | institutionalization of the applicant, and an affirmative |
4 | | request that a person having custody of any of these |
5 | | records provide it or information concerning it to the |
6 | | Illinois State Police. The waiver only applies to records |
7 | | sought in connection with determining whether the |
8 | | applicant qualifies for a license to carry a concealed |
9 | | firearm under this Act , or whether the applicant remains |
10 | | in compliance with the Firearm Owners Identification Card |
11 | | Act ; |
12 | | (4) an affirmation that the applicant is not |
13 | | prohibited under State or federal law from possessing or |
14 | | receiving a firearm possesses a currently valid Firearm |
15 | | Owner's Identification Card and card number if possessed |
16 | | or notice the applicant is applying for a Firearm Owner's |
17 | | Identification Card in conjunction with the license |
18 | | application ; |
19 | | (5) an affirmation that the applicant has not been |
20 | | convicted or found guilty of: |
21 | | (A) a felony; |
22 | | (B) a misdemeanor involving the use or threat of |
23 | | physical force or violence to any person within the 5 |
24 | | years preceding the date of the application; or |
25 | | (C) 2 or more violations related to driving while |
26 | | under the influence of alcohol, other drug or drugs, |
|
| | HB4530 | - 99 - | LRB102 21798 RLC 30918 b |
|
|
1 | | intoxicating compound or compounds, or any combination |
2 | | thereof, within the 5 years preceding the date of the |
3 | | license application; and |
4 | | (6) whether the applicant has failed a drug test for a |
5 | | drug for which the applicant did not have a prescription, |
6 | | within the previous year, and if so, the provider of the |
7 | | test, the specific substance involved, and the date of the |
8 | | test; |
9 | | (7) written consent for the Illinois State Police to |
10 | | review and use the applicant's Illinois digital driver's |
11 | | license or Illinois identification card photograph and |
12 | | signature; |
13 | | (8) a unless submitted under subsection (a-25) of |
14 | | Section 4 of the Firearm Owners Identification Card Act, a |
15 | | full set of fingerprints submitted to the Illinois State |
16 | | Police in electronic format, provided the Illinois State |
17 | | Police may accept an application submitted without a set |
18 | | of fingerprints , in which case the Illinois State Police |
19 | | shall be granted 30 days in addition to the 90 days |
20 | | provided under subsection (e) of Section 10 of this Act to |
21 | | issue or deny a license; |
22 | | (9) a head and shoulder color photograph in a size |
23 | | specified by the Illinois State Police taken within the 30 |
24 | | days preceding the date of the license application; and |
25 | | (10) a photocopy of any certificates or other evidence |
26 | | of compliance with the training requirements under this |
|
| | HB4530 | - 100 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Act.
|
2 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
3 | | revised 10-12-21.) |
4 | | (430 ILCS 66/40)
|
5 | | Sec. 40. Non-resident license applications. |
6 | | (a) For the purposes of this Section, "non-resident" means |
7 | | a person who has not resided within this State for more than 30 |
8 | | days and resides in another state or territory. |
9 | | (b) The Illinois State Police shall by rule allow for |
10 | | non-resident license applications from any state or territory |
11 | | of the United States with laws related to firearm ownership, |
12 | | possession, and carrying, that are substantially similar to |
13 | | the requirements to obtain a license under this Act. |
14 | | (c) A resident of a state or territory approved by the |
15 | | Illinois State Police under subsection (b) of this Section may |
16 | | apply for a non-resident license. The applicant shall apply to |
17 | | the Illinois State Police and must meet all of the |
18 | | qualifications established in Section 25 of this Act , except |
19 | | for the Illinois residency requirement in item (xiv) of |
20 | | paragraph (2) of subsection (a) of Section 4 of the Firearm |
21 | | Owners Identification Card Act . The applicant shall submit: |
22 | | (1) the application and documentation required under |
23 | | Section 30 of this Act and the applicable fee; |
24 | | (2) a notarized document stating that the applicant: |
25 | | (A) is eligible under federal law and the laws of |
|
| | HB4530 | - 101 - | LRB102 21798 RLC 30918 b |
|
|
1 | | his or her state or territory of residence to own or |
2 | | possess a firearm; |
3 | | (B) if applicable, has a license or permit to |
4 | | carry a firearm or concealed firearm issued by his or |
5 | | her state or territory of residence and attach a copy |
6 | | of the license or permit to the application; |
7 | | (C) understands Illinois laws pertaining to the |
8 | | possession and transport of firearms; and |
9 | | (D) acknowledges that the applicant is subject to |
10 | | the jurisdiction of the Illinois State Police and |
11 | | Illinois courts for any violation of this Act; |
12 | | (3) a photocopy of any certificates or other evidence |
13 | | of compliance with the training requirements under Section |
14 | | 75 of this Act; and |
15 | | (4) a head and shoulder color photograph in a size |
16 | | specified by the Illinois State Police taken within the 30 |
17 | | days preceding the date of the application. |
18 | | (d) In lieu of an Illinois driver's license or Illinois |
19 | | identification card, a non-resident applicant shall provide |
20 | | similar documentation from his or her state or territory of |
21 | | residence. The applicant shall submit In lieu of a valid |
22 | | Firearm Owner's Identification Card, the applicant shall |
23 | | submit documentation and information required by the Illinois |
24 | | State Police to obtain a Firearm Owner's Identification Card, |
25 | | including an affidavit that the non-resident meets the mental |
26 | | health standards to obtain a firearm under Illinois law, and |
|
| | HB4530 | - 102 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the Illinois State Police shall ensure that the applicant |
2 | | would meet the eligibility criteria under State law to possess |
3 | | a firearm to obtain a Firearm Owner's Identification card if |
4 | | he or she was a resident of this State. |
5 | | (e) Nothing in this Act shall prohibit a non-resident from |
6 | | transporting a concealed firearm within his or her vehicle in |
7 | | Illinois, if the concealed firearm remains within his or her |
8 | | vehicle and the non-resident: |
9 | | (1) is not prohibited from owning or possessing a |
10 | | firearm under federal law; |
11 | | (2) is eligible to carry a firearm in public under the |
12 | | laws of his or her state or territory of residence, as
|
13 | | evidenced by the possession of a concealed carry license |
14 | | or permit issued by his or her state of residence, if
|
15 | | applicable; and |
16 | | (3) is not in possession of a license under this Act. |
17 | | If the non-resident leaves his or her vehicle unattended, |
18 | | he or she shall store the firearm within a locked vehicle or |
19 | | locked container within the vehicle in accordance with |
20 | | subsection (b) of Section 65 of this Act.
|
21 | | (Source: P.A. 102-538, eff. 8-20-21.) |
22 | | (430 ILCS 66/66) |
23 | | (This Section may contain text from a Public Act with a |
24 | | delayed effective date ) |
25 | | Sec. 66. Illinois State Police to monitor databases for |
|
| | HB4530 | - 103 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearms prohibitors. The Illinois State Police shall |
2 | | continuously monitor relevant State and federal databases for |
3 | | firearms prohibitors and correlate those records with |
4 | | concealed carry license holders to ensure compliance with this |
5 | | Act and any other State and federal laws. As used in this |
6 | | Section, "firearms prohibitor" means any factor listed in |
7 | | Section 8 or Section 8.2 of the Firearm Owners Identification |
8 | | Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 |
9 | | that prohibits a person from transferring or possessing a |
10 | | firearm, firearm ammunition, Firearm Owner's Identification |
11 | | Card, or concealed carry license.
|
12 | | (Source: P.A. 102-237, eff. 1-1-22.) |
13 | | (430 ILCS 66/70) |
14 | | Sec. 70. Violations. |
15 | | (a) A license issued or renewed under this Act shall be |
16 | | revoked if, at any time, the licensee is found to be ineligible |
17 | | for a license under this Act or the licensee is prohibited from |
18 | | possessing a firearm under State or federal law no longer |
19 | | meets the eligibility requirements of the Firearm Owners |
20 | | Identification Card Act . |
21 | | (b) A license shall be suspended if an order of |
22 | | protection, including an emergency order of protection, |
23 | | plenary order of protection, or interim order of protection |
24 | | under Article 112A of the Code of Criminal Procedure of 1963 or |
25 | | under the Illinois Domestic Violence Act of 1986, or if a |
|
| | HB4530 | - 104 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearms restraining order, including an emergency firearms |
2 | | restraining order, under the Firearms Restraining Order Act, |
3 | | is issued against a licensee for the duration of the order, or |
4 | | if the Illinois State Police is made aware of a similar order |
5 | | issued against the licensee in any other jurisdiction. If an |
6 | | order of protection is issued against a licensee, the licensee |
7 | | shall surrender the license, as applicable, to the court at |
8 | | the time the order is entered or to the law enforcement agency |
9 | | or entity serving process at the time the licensee is served |
10 | | the order. The court, law enforcement agency, or entity |
11 | | responsible for serving the order of protection shall notify |
12 | | the Illinois State Police within 7 days and transmit the |
13 | | license to the Illinois State Police. |
14 | | (c) A license is invalid upon expiration of the license, |
15 | | unless the licensee has submitted an application to renew the |
16 | | license, and the applicant is otherwise eligible to possess a |
17 | | license under this Act. |
18 | | (d) A licensee shall not carry a concealed firearm while |
19 | | under the influence of alcohol, other drug or drugs, |
20 | | intoxicating compound or combination of compounds, or any |
21 | | combination thereof, under the standards set forth in |
22 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
23 | | A licensee in violation of this subsection (d) shall be |
24 | | guilty of a Class A misdemeanor for a first or second violation |
25 | | and a Class 4 felony for a third violation. The Illinois State |
26 | | Police may suspend a license for up to 6 months for a second |
|
| | HB4530 | - 105 - | LRB102 21798 RLC 30918 b |
|
|
1 | | violation and shall permanently revoke a license for a third |
2 | | violation. |
3 | | (e) Except as otherwise provided, a licensee in violation |
4 | | of this Act shall be guilty of a Class B misdemeanor. A second |
5 | | or subsequent violation is a Class A misdemeanor. The Illinois |
6 | | State Police may suspend a license for up to 6 months for a |
7 | | second violation and shall permanently revoke a license for 3 |
8 | | or more violations of Section 65 of this Act. Any person |
9 | | convicted of a violation under this Section shall pay a $150 |
10 | | fee to be deposited into the Mental Health Reporting Fund, |
11 | | plus any applicable court costs or fees. |
12 | | (f) A licensee convicted or found guilty of a violation of |
13 | | this Act who has a valid license and is otherwise eligible to |
14 | | carry a concealed firearm shall only be subject to the |
15 | | penalties under this Section and shall not be subject to the |
16 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
17 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
18 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
19 | | Criminal Code of 2012. Except as otherwise provided in this |
20 | | subsection, nothing in this subsection prohibits the licensee |
21 | | from being subjected to penalties for violations other than |
22 | | those specified in this Act. |
23 | | (g) A licensee whose license is revoked, suspended, or |
24 | | denied shall, within 48 hours of receiving notice of the |
25 | | revocation, suspension, or denial, surrender his or her |
26 | | concealed carry license to the local law enforcement agency |
|
| | HB4530 | - 106 - | LRB102 21798 RLC 30918 b |
|
|
1 | | where the person resides. The local law enforcement agency |
2 | | shall provide the licensee a receipt and transmit the |
3 | | concealed carry license to the Illinois State Police. If the |
4 | | licensee whose concealed carry license has been revoked, |
5 | | suspended, or denied fails to comply with the requirements of |
6 | | this subsection, the law enforcement agency where the person |
7 | | resides may petition the circuit court to issue a warrant to |
8 | | search for and seize the concealed carry license in the |
9 | | possession and under the custody or control of the licensee |
10 | | whose concealed carry license has been revoked, suspended, or |
11 | | denied. The observation of a concealed carry license in the |
12 | | possession of a person whose license has been revoked, |
13 | | suspended, or denied constitutes a sufficient basis for the |
14 | | arrest of that person for violation of this subsection. A |
15 | | violation of this subsection is a Class A misdemeanor. |
16 | | (h) (Blank). Except as otherwise provided in subsection |
17 | | (h-5), a license issued or renewed under this Act shall be |
18 | | revoked if, at any time, the licensee is found ineligible for a |
19 | | Firearm Owner's Identification Card, or the licensee no longer |
20 | | possesses a valid Firearm Owner's Identification Card. If the |
21 | | Firearm Owner's Identification Card is expired or suspended |
22 | | rather than denied or revoked, the license may be suspended |
23 | | for a period of up to one year to allow the licensee to |
24 | | reinstate his or her Firearm Owner's Identification Card. The |
25 | | Illinois State Police shall adopt rules to enforce this |
26 | | subsection. A licensee whose license is revoked under this |
|
| | HB4530 | - 107 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subsection (h) shall surrender his or her concealed carry |
2 | | license as provided for in subsection (g) of this Section. |
3 | | This subsection shall not apply to a person who has filed |
4 | | an application with the Illinois State Police for renewal of a |
5 | | Firearm
Owner's Identification Card and who is not otherwise |
6 | | ineligible to obtain a Firearm Owner's Identification Card.
|
7 | | (h-5) (Blank). If the Firearm Owner's Identification Card |
8 | | of a
licensee under this Act expires during the term of the |
9 | | license
issued under this Act, the license and the Firearm |
10 | | Owner's
Identification Card remain valid, and the Illinois |
11 | | State Police
may automatically renew the licensee's Firearm |
12 | | Owner's
Identification Card as provided in subsection (c) of |
13 | | Section 5
of the Firearm Owners Identification Card Act. |
14 | | (i) A certified firearms instructor who knowingly provides |
15 | | or offers to provide a false certification that an applicant |
16 | | has completed firearms training as required under this Act is |
17 | | guilty of a Class A misdemeanor. A person guilty of a violation |
18 | | of this subsection (i) is not eligible for court supervision. |
19 | | The Illinois State Police shall permanently revoke the |
20 | | firearms instructor certification of a person convicted under |
21 | | this subsection (i). |
22 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
23 | | revised 10-15-21.) |
24 | | (430 ILCS 66/80) |
25 | | Sec. 80. Certified firearms instructors. |
|
| | HB4530 | - 108 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (a) Within 60 days of the effective date of this Act, the |
2 | | Illinois State Police shall begin approval of certified |
3 | | firearms instructors and enter certified firearms instructors |
4 | | into an online registry on the Illinois State Police's |
5 | | website. |
6 | | (b) A person who is not a certified firearms instructor |
7 | | shall not teach applicant training courses or advertise or |
8 | | otherwise represent courses they teach as qualifying their |
9 | | students to meet the requirements to receive a license under |
10 | | this Act. Each violation of this subsection is a business |
11 | | offense with a fine of at least $1,000 per violation. |
12 | | (c) A person seeking to become a certified firearms |
13 | | instructor shall: |
14 | | (1) be at least 21 years of age; |
15 | | (2) be a legal resident of the United States; and |
16 | | (3) meet the requirements of Section 25 of this Act , |
17 | | except for the Illinois residency
requirement in item |
18 | | (xiv) of paragraph (2) of subsection (a) of Section 4 of |
19 | | the Firearm
Owners Identification Card Act ; and any |
20 | | additional uniformly applied requirements established by |
21 | | the Illinois State Police. |
22 | | (d) A person seeking to become a certified firearms |
23 | | instructor, in addition to the requirements of subsection (c) |
24 | | of this Section, shall: |
25 | | (1) possess a high school diploma or high school |
26 | | equivalency certificate; and |
|
| | HB4530 | - 109 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (2) have at least one of the following valid firearms |
2 | | instructor certifications: |
3 | | (A) certification from a law enforcement agency; |
4 | | (B) certification from a firearm instructor course |
5 | | offered by a State or federal governmental agency; |
6 | | (C) certification from a firearm instructor |
7 | | qualification course offered by the Illinois Law |
8 | | Enforcement Training Standards Board; or |
9 | | (D) certification from an entity approved by the |
10 | | Illinois State Police that offers firearm instructor |
11 | | education and training in the use and safety of |
12 | | firearms. |
13 | | (e) A person may have his or her firearms instructor |
14 | | certification denied or revoked if he or she does not meet the |
15 | | requirements to obtain a license under this Act, provides |
16 | | false or misleading information to the Illinois State Police, |
17 | | or has had a prior instructor certification revoked or denied |
18 | | by the Illinois State Police.
|
19 | | (Source: P.A. 102-538, eff. 8-20-21.) |
20 | | (430 ILCS 66/105)
|
21 | | Sec. 105. Duty of school administrator. It is the duty of |
22 | | the principal
of a public elementary or secondary school, or |
23 | | his or her designee, and the
chief administrative officer of a |
24 | | private elementary or secondary school or a
public or private |
25 | | community college, college, or university, or his or her
|
|
| | HB4530 | - 110 - | LRB102 21798 RLC 30918 b |
|
|
1 | | designee, to report to the Illinois State Police when a |
2 | | student is determined to pose a clear and present danger to |
3 | | himself, herself, or to others, within 24 hours of
the |
4 | | determination as provided in Section 6-103.3 of the Mental |
5 | | Health and Developmental Disabilities Code. "Clear and present |
6 | | danger" has the meaning as provided in paragraph (2) of the |
7 | | definition of "clear and present danger" in Section 6-103.3 of |
8 | | the Mental Health and Developmental Disabilities Code 1.1 of |
9 | | the Firearm Owners Identification Card Act .
|
10 | | (Source: P.A. 102-538, eff. 8-20-21.) |
11 | | Section 66. The Firearms Restraining Order Act is amended |
12 | | by changing Sections 35 and 40 as follows:
|
13 | | (430 ILCS 67/35)
|
14 | | (Text of Section before amendment by P.A. 102-345 ) |
15 | | Sec. 35. Ex parte orders and emergency hearings.
|
16 | | (a) A petitioner may request an emergency firearms |
17 | | restraining order by filing an affidavit or verified pleading |
18 | | alleging that the respondent poses an immediate and present |
19 | | danger of causing personal injury to himself, herself, or |
20 | | another by having in his or her custody or control, |
21 | | purchasing, possessing, or receiving a firearm. The petition |
22 | | shall also describe the type and location of any firearm or |
23 | | firearms presently believed by the petitioner to be possessed |
24 | | or controlled by the respondent.
|
|
| | HB4530 | - 111 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (b) If the respondent is alleged to pose an immediate and |
2 | | present danger of causing personal injury to an intimate |
3 | | partner, or an intimate partner is alleged to have been the |
4 | | target of a threat or act of violence by the respondent, the |
5 | | petitioner shall make a good faith effort to provide notice to |
6 | | any and all intimate partners of the respondent. The notice |
7 | | must include that the petitioner intends to petition the court |
8 | | for an emergency firearms restraining order, and, if the |
9 | | petitioner is a law enforcement officer, referral to relevant |
10 | | domestic violence or stalking advocacy or counseling |
11 | | resources, if appropriate. The petitioner shall attest to |
12 | | having provided the notice in the filed affidavit or verified |
13 | | pleading. If, after making a good faith effort, the petitioner |
14 | | is unable to provide notice to any or all intimate partners, |
15 | | the affidavit or verified pleading should describe what |
16 | | efforts were made. |
17 | | (c) Every person who files a petition for an emergency |
18 | | firearms restraining order, knowing the information provided |
19 | | to the court at any hearing or in the affidavit or verified |
20 | | pleading to be false, is guilty of perjury under Section 32-2 |
21 | | of the Criminal Code of 2012.
|
22 | | (d) An emergency firearms restraining order shall be |
23 | | issued on an ex parte basis, that is, without notice to the |
24 | | respondent.
|
25 | | (e) An emergency hearing held on an ex parte basis shall be |
26 | | held the same day that the petition is filed or the next day |
|
| | HB4530 | - 112 - | LRB102 21798 RLC 30918 b |
|
|
1 | | that the court is in session.
|
2 | | (f) If a circuit or associate judge finds probable cause |
3 | | to believe that the respondent poses an immediate and present |
4 | | danger of causing personal injury to himself, herself, or |
5 | | another by having in his or her custody or control, |
6 | | purchasing, possessing, or receiving a firearm, the circuit or |
7 | | associate judge shall issue an emergency order.
|
8 | | (f-5) If the court issues an emergency firearms |
9 | | restraining order, it shall, upon a finding of probable cause |
10 | | that the respondent possesses firearms, issue a search warrant |
11 | | directing a law enforcement agency to seize the respondent's |
12 | | firearms. The court may, as part of that warrant, direct the |
13 | | law enforcement agency to search the respondent's residence |
14 | | and other places where the court finds there is probable cause |
15 | | to believe he or she is likely to possess the firearms. |
16 | | (g) An emergency firearms restraining order shall require:
|
17 | | (1) the respondent to refrain from having in his or |
18 | | her custody or control, purchasing, possessing, or |
19 | | receiving additional firearms for the duration of the |
20 | | order under Section 8.2 of the Firearm Owners |
21 | | Identification Card Act;
and |
22 | | (2) the respondent to comply with Section 9.5 of the |
23 | | Firearm Owners Identification Card Act and subsection (g) |
24 | | of Section 70 of the Firearm Concealed Carry Act Illinois . |
25 | | (h) Except as otherwise provided in subsection (h-5) of |
26 | | this Section, upon expiration of the period of safekeeping, if |
|
| | HB4530 | - 113 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the firearms or Firearm Owner's Identification Card and |
2 | | concealed carry license cannot be returned to the respondent |
3 | | because the respondent cannot be located, fails to respond to |
4 | | requests to retrieve the firearms, or is not lawfully eligible |
5 | | to possess a firearm, upon petition from the local law |
6 | | enforcement agency, the court may order the local law |
7 | | enforcement agency to destroy the firearms, use the firearms |
8 | | for training purposes, or use the firearms for any other |
9 | | application as deemed appropriate by the local law enforcement |
10 | | agency.
|
11 | | (h-5) On or before January 1, 2022, a respondent whose |
12 | | firearms have been turned over to a local law enforcement |
13 | | agency Firearm Owner's Identification Card has been revoked or |
14 | | suspended may petition the court, if the petitioner is present |
15 | | in court or has notice of the respondent's petition, to |
16 | | transfer the respondent's firearm to a person who is lawfully |
17 | | able to possess the firearm if the person does not reside at |
18 | | the same address as the respondent. Notice of the petition |
19 | | shall be served upon the person protected by the emergency |
20 | | firearms restraining order. While the order is in effect, the |
21 | | transferee who receives the respondent's firearms must swear |
22 | | or affirm by affidavit that he or she shall not transfer the |
23 | | firearm to the respondent or to anyone residing in the same |
24 | | residence as the respondent. |
25 | | (h-6) If a person other than the respondent claims title |
26 | | to any firearms surrendered under this Section, he or she may |
|
| | HB4530 | - 114 - | LRB102 21798 RLC 30918 b |
|
|
1 | | petition the court, if the petitioner is present in court or |
2 | | has notice of the petition, to have the firearm returned to him |
3 | | or her. If the court determines that person to be the lawful |
4 | | owner of the firearm, the firearm shall be returned to him or |
5 | | her, provided that: |
6 | | (1) the firearm is removed from the respondent's |
7 | | custody, control, or possession and the lawful owner |
8 | | agrees to store the firearm in a manner such that the |
9 | | respondent does not have access to or control of the |
10 | | firearm; and |
11 | | (2) the firearm is not otherwise unlawfully possessed |
12 | | by the owner. |
13 | | The person petitioning for the return of his or her |
14 | | firearm must swear or affirm by affidavit that he or she: (i) |
15 | | is the lawful owner of the firearm; (ii) shall not transfer the |
16 | | firearm to the respondent; and (iii) will store the firearm in |
17 | | a manner that the respondent does not have access to or control |
18 | | of the firearm. |
19 | | (i) In accordance with subsection (e) of this Section, the |
20 | | court shall schedule a full hearing as soon as possible, but no |
21 | | longer than 14 days from the issuance of an ex parte firearms |
22 | | restraining order, to determine if a 6-month firearms |
23 | | restraining order shall be issued. The court may extend an ex |
24 | | parte order as needed, but not to exceed 14 days, to effectuate |
25 | | service of the order or if necessary to continue protection. |
26 | | The court may extend the order for a greater length of time by |
|
| | HB4530 | - 115 - | LRB102 21798 RLC 30918 b |
|
|
1 | | mutual agreement of the parties.
|
2 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
3 | | 102-538, eff. 8-20-21; revised 11-9-21.) |
4 | | (Text of Section after amendment by P.A. 102-345 )
|
5 | | Sec. 35. Ex parte orders and emergency hearings.
|
6 | | (a) A petitioner may request an emergency firearms |
7 | | restraining order by filing an affidavit or verified pleading |
8 | | alleging that the respondent poses an immediate and present |
9 | | danger of causing personal injury to himself, herself, or |
10 | | another by having in his or her custody or control, |
11 | | purchasing, possessing, or receiving a firearm, ammunition, or |
12 | | firearm parts
that could be assembled to make an operable |
13 | | firearm. The petition shall also describe the type and |
14 | | location of any firearm or firearms, ammunition, or firearm |
15 | | parts
that could be assembled to make an operable firearm |
16 | | presently believed by the petitioner to be possessed or |
17 | | controlled by the respondent.
|
18 | | (b) If the respondent is alleged to pose an immediate and |
19 | | present danger of causing personal injury to an intimate |
20 | | partner, or an intimate partner is alleged to have been the |
21 | | target of a threat or act of violence by the respondent, the |
22 | | petitioner shall make a good faith effort to provide notice to |
23 | | any and all intimate partners of the respondent. The notice |
24 | | must include that the petitioner intends to petition the court |
25 | | for an emergency firearms restraining order, and, if the |
|
| | HB4530 | - 116 - | LRB102 21798 RLC 30918 b |
|
|
1 | | petitioner is a law enforcement officer, referral to relevant |
2 | | domestic violence or stalking advocacy or counseling |
3 | | resources, if appropriate. The petitioner shall attest to |
4 | | having provided the notice in the filed affidavit or verified |
5 | | pleading. If, after making a good faith effort, the petitioner |
6 | | is unable to provide notice to any or all intimate partners, |
7 | | the affidavit or verified pleading should describe what |
8 | | efforts were made. |
9 | | (c) Every person who files a petition for an emergency |
10 | | firearms restraining order, knowing the information provided |
11 | | to the court at any hearing or in the affidavit or verified |
12 | | pleading to be false, is guilty of perjury under Section 32-2 |
13 | | of the Criminal Code of 2012.
|
14 | | (d) An emergency firearms restraining order shall be |
15 | | issued on an ex parte basis, that is, without notice to the |
16 | | respondent.
|
17 | | (e) An emergency hearing held on an ex parte basis shall be |
18 | | held the same day that the petition is filed or the next day |
19 | | that the court is in session.
|
20 | | (f) If a circuit or associate judge finds probable cause |
21 | | to believe that the respondent poses an immediate and present |
22 | | danger of causing personal injury to himself, herself, or |
23 | | another by having in his or her custody or control, |
24 | | purchasing, possessing, or receiving a firearm, ammunition, or |
25 | | firearm parts
that could be assembled to make an operable |
26 | | firearm, the circuit or associate judge shall issue an |
|
| | HB4530 | - 117 - | LRB102 21798 RLC 30918 b |
|
|
1 | | emergency order.
|
2 | | (f-5) If the court issues an emergency firearms |
3 | | restraining order, it shall, upon a finding of probable cause |
4 | | that the respondent possesses firearms, ammunition, or firearm |
5 | | parts
that could be assembled to make an operable firearm, |
6 | | issue a search warrant directing a law enforcement agency to |
7 | | seize the respondent's firearms, ammunition, and firearm parts |
8 | | that could
be assembled to make an operable firearm. The court |
9 | | may, as part of that warrant, direct the law enforcement |
10 | | agency to search the respondent's residence and other places |
11 | | where the court finds there is probable cause to believe he or |
12 | | she is likely to possess the firearms, ammunition, or firearm |
13 | | parts
that could be assembled to make an operable firearm. A |
14 | | return of the search warrant shall be filed by the law |
15 | | enforcement agency within 4 days thereafter, setting forth the |
16 | | time, date, and location that the search warrant was executed |
17 | | and what items, if any, were seized. |
18 | | (g) An emergency firearms restraining order shall require:
|
19 | | (1) the respondent to refrain from having in his or |
20 | | her custody or control, purchasing, possessing, or |
21 | | receiving additional firearms, ammunition, or firearm |
22 | | parts that could be assembled to make an operable firearm, |
23 | | or removing firearm parts that could be assembled to make |
24 | | an operable firearm for the duration of the order under |
25 | | Section 8.2 of the Firearm Owners Identification Card Act ;
|
26 | | and |
|
| | HB4530 | - 118 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (2) the respondent to comply with Section 9.5 of the |
2 | | Firearm Owners Identification Card Act and subsection (g) |
3 | | of Section 70 of the Firearm Concealed Carry Act Illinois, |
4 | | ammunition, and firearm parts that could
be assembled to |
5 | | make an operable firearm . |
6 | | (h) Except as otherwise provided in subsection (h-5) of |
7 | | this Section, upon expiration of the period of safekeeping, if |
8 | | the firearms, ammunition, and firearm parts that could
be |
9 | | assembled to make an operable firearm or Firearm Owner's |
10 | | Identification Card and concealed carry license cannot be |
11 | | returned to the respondent because the respondent cannot be |
12 | | located, fails to respond to requests to retrieve the |
13 | | firearms, or is not lawfully eligible to possess a firearm, |
14 | | ammunition, or firearm parts
that could be assembled to make |
15 | | an operable firearm, upon petition from the local law |
16 | | enforcement agency, the court may order the local law |
17 | | enforcement agency to destroy the firearms, ammunition, and |
18 | | firearm parts that could
be assembled to make an operable |
19 | | firearm, use the firearms, ammunition, and firearm parts that |
20 | | could
be assembled to make an operable firearm for training |
21 | | purposes, or use the firearms, ammunition, and firearm parts |
22 | | that could
be assembled to make an operable firearm for any |
23 | | other application as deemed appropriate by the local law |
24 | | enforcement agency.
|
25 | | (h-5) On or before January 1, 2022, a respondent whose |
26 | | firearms have been turned over to a local law enforcement |
|
| | HB4530 | - 119 - | LRB102 21798 RLC 30918 b |
|
|
1 | | agency Firearm Owner's Identification Card has been revoked or |
2 | | suspended may petition the court, if the petitioner is present |
3 | | in court or has notice of the respondent's petition, to |
4 | | transfer the respondent's firearm, ammunition, and firearm |
5 | | parts that could
be assembled to make an operable firearm to a |
6 | | person who is lawfully able to possess the firearm, |
7 | | ammunition, and firearm parts that could
be assembled to make |
8 | | an operable firearm if the person does not reside at the same |
9 | | address as the respondent. Notice of the petition shall be |
10 | | served upon the person protected by the emergency firearms |
11 | | restraining order. While the order is in effect, the |
12 | | transferee who receives the respondent's firearms, ammunition, |
13 | | and firearm parts that could be assembled to make an operable |
14 | | firearm must swear or affirm by affidavit that he or she shall |
15 | | not transfer the firearm, ammunition, and firearm parts that |
16 | | could
be assembled to make an operable firearm to the |
17 | | respondent or to anyone residing in the same residence as the |
18 | | respondent. |
19 | | (h-6) If a person other than the respondent claims title |
20 | | to any firearms, ammunition, and firearm parts that could
be |
21 | | assembled to make an operable firearm surrendered under this |
22 | | Section, he or she may petition the court, if the petitioner is |
23 | | present in court or has notice of the petition, to have the |
24 | | firearm, ammunition, and firearm parts that could be assembled |
25 | | to make an operable firearm returned to him or her. If the |
26 | | court determines that person to be the lawful owner of the |
|
| | HB4530 | - 120 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearm, ammunition, and firearm parts that could be assembled |
2 | | to make an operable firearm, the firearm, ammunition, and |
3 | | firearm parts that could
be assembled to make an operable |
4 | | firearm shall be returned to him or her, provided that: |
5 | | (1) the firearm,
ammunition, and firearm parts that |
6 | | could be assembled to make
an operable firearm are removed |
7 | | from the respondent's custody, control, or possession and |
8 | | the lawful owner agrees to store the firearm, ammunition, |
9 | | and firearm parts that could
be assembled to make an |
10 | | operable firearm in a manner such that the respondent does |
11 | | not have access to or control of the firearm, ammunition, |
12 | | and firearm parts that could
be assembled to make an |
13 | | operable firearm; and |
14 | | (2) the firearm,
ammunition, and firearm parts that |
15 | | could be assembled to make
an operable firearm are not |
16 | | otherwise unlawfully possessed by the owner. |
17 | | The person petitioning for the return of his or her |
18 | | firearm, ammunition, and firearm parts that could
be assembled |
19 | | to make an operable firearm must swear or affirm by affidavit |
20 | | that he or she: (i) is the lawful owner of the firearm, |
21 | | ammunition, and firearm parts that could be assembled to make |
22 | | an operable firearm; (ii) shall not transfer the firearm, |
23 | | ammunition, and firearm parts that could
be assembled to make |
24 | | an operable firearm to the respondent; and (iii) will store |
25 | | the firearm, ammunition, and firearm parts that could be |
26 | | assembled to make an operable firearm in a manner that the |
|
| | HB4530 | - 121 - | LRB102 21798 RLC 30918 b |
|
|
1 | | respondent does not have access to or control of the firearm, |
2 | | ammunition, and firearm parts that could
be assembled to make |
3 | | an operable firearm. |
4 | | (i) In accordance with subsection (e) of this Section, the |
5 | | court shall schedule a full hearing as soon as possible, but no |
6 | | longer than 14 days from the issuance of an ex parte firearms |
7 | | restraining order, to determine if a 6-month firearms |
8 | | restraining order shall be issued. The court may extend an ex |
9 | | parte order as needed, but not to exceed 14 days, to effectuate |
10 | | service of the order or if necessary to continue protection. |
11 | | The court may extend the order for a greater length of time by |
12 | | mutual agreement of the parties.
|
13 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
14 | | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
|
15 | | (430 ILCS 67/40)
|
16 | | (Text of Section before amendment by P.A. 102-237 ) |
17 | | Sec. 40. Six-month orders.
|
18 | | (a) A petitioner may request a 6-month firearms |
19 | | restraining order by filing an affidavit or verified pleading |
20 | | alleging that the respondent poses a significant danger of |
21 | | causing personal injury to himself, herself, or another in the |
22 | | near future by having in his or her custody or control, |
23 | | purchasing, possessing, or receiving a firearm. The petition |
24 | | shall also describe the number, types, and locations of any |
25 | | firearms presently believed by the petitioner to be possessed |
|
| | HB4530 | - 122 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or controlled by the respondent.
|
2 | | (b) If the respondent is alleged to pose a significant |
3 | | danger of causing personal injury to an intimate partner, or |
4 | | an intimate partner is alleged to have been the target of a |
5 | | threat or act of violence by the respondent, the petitioner |
6 | | shall make a good faith effort to provide notice to any and all |
7 | | intimate partners of the respondent. The notice must include |
8 | | that the petitioner intends to petition the court for a |
9 | | 6-month firearms restraining order, and, if the petitioner is |
10 | | a law enforcement officer, referral to relevant domestic |
11 | | violence or stalking advocacy or counseling resources, if |
12 | | appropriate. The petitioner shall attest to having provided |
13 | | the notice in the filed affidavit or verified pleading. If, |
14 | | after making a good faith effort, the petitioner is unable to |
15 | | provide notice to any or all intimate partners, the affidavit |
16 | | or verified pleading should describe what efforts were made. |
17 | | (c) Every person who files a petition for a 6-month |
18 | | firearms restraining order, knowing the information provided |
19 | | to the court at any hearing or in the affidavit or verified |
20 | | pleading to be false, is guilty of perjury under Section 32-2 |
21 | | of the Criminal Code of 2012.
|
22 | | (d) Upon receipt of a petition for a 6-month firearms |
23 | | restraining order, the court shall order a hearing within 30 |
24 | | days.
|
25 | | (e) In determining whether to issue a firearms restraining |
26 | | order under this Section, the court shall consider evidence |
|
| | HB4530 | - 123 - | LRB102 21798 RLC 30918 b |
|
|
1 | | including, but not limited to, the following:
|
2 | | (1) The unlawful and reckless use, display, or |
3 | | brandishing of a firearm by the respondent.
|
4 | | (2) The history of use, attempted use, or threatened |
5 | | use of physical force by the respondent against another |
6 | | person.
|
7 | | (3) Any prior arrest of the respondent for a felony |
8 | | offense. |
9 | | (4) Evidence of the abuse of controlled substances or |
10 | | alcohol by the respondent. |
11 | | (5) A recent threat of violence or act of violence by |
12 | | the respondent directed toward himself, herself, or |
13 | | another. |
14 | | (6) A violation of an emergency order of protection |
15 | | issued under Section 217 of the Illinois Domestic Violence |
16 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
17 | | Procedure of 1963 or of an order of protection issued |
18 | | under Section 214 of the Illinois Domestic Violence Act of |
19 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
20 | | of 1963.
|
21 | | (7) A pattern of violent acts or violent threats, |
22 | | including, but not limited to, threats of violence or acts |
23 | | of violence by the respondent directed toward himself, |
24 | | herself, or another. |
25 | | (f) At the hearing, the petitioner shall have the burden |
26 | | of proving, by clear and convincing evidence, that the |
|
| | HB4530 | - 124 - | LRB102 21798 RLC 30918 b |
|
|
1 | | respondent poses a significant danger of personal injury to |
2 | | himself, herself, or another by having in his or her custody or |
3 | | control, purchasing, possessing, or receiving a firearm. |
4 | | (g) If the court finds that there is clear and convincing |
5 | | evidence to issue a firearms restraining order, the court |
6 | | shall issue a firearms restraining order that shall be in |
7 | | effect for 6 months subject to renewal under Section 45 of this |
8 | | Act or termination under that Section. |
9 | | (g-5) If the court issues a 6-month firearms restraining |
10 | | order, it shall, upon a finding of probable cause that the |
11 | | respondent possesses firearms, issue a search warrant |
12 | | directing a law enforcement agency to seize the respondent's |
13 | | firearms. The court may, as part of that warrant, direct the |
14 | | law enforcement agency to search the respondent's residence |
15 | | and other places where the court finds there is probable cause |
16 | | to believe he or she is likely to possess the firearms. |
17 | | (h) A 6-month firearms restraining order shall require: |
18 | | (1) the respondent to refrain from having in his or |
19 | | her custody or control, purchasing, possessing, or |
20 | | receiving additional firearms for the duration of the |
21 | | order under Section 8.2 of the Firearm Owners |
22 | | Identification Card Act; and |
23 | | (2) the respondent to comply with Section 9.5 of the |
24 | | Firearm Owners Identification Card Act and subsection (g) |
25 | | of Section 70 of the Firearm Concealed Carry Act. Illinois |
26 | | (i) Except as otherwise provided in subsection (i-5) of |
|
| | HB4530 | - 125 - | LRB102 21798 RLC 30918 b |
|
|
1 | | this Section, upon expiration of the period of safekeeping, if |
2 | | the firearms or Firearm Owner's Identification Card cannot be |
3 | | returned to the respondent because the respondent cannot be |
4 | | located, fails to respond to requests to retrieve the |
5 | | firearms, or is not lawfully eligible to possess a firearm, |
6 | | upon petition from the local law enforcement agency, the court |
7 | | may order the local law enforcement agency to destroy the |
8 | | firearms, use the firearms for training purposes, or use the |
9 | | firearms for any other application as deemed appropriate by |
10 | | the local law enforcement agency. |
11 | | (i-5) A respondent whose firearms have been turned over to |
12 | | a local law enforcement agency Firearm Owner's Identification |
13 | | Card has been revoked or suspended may petition the court, if |
14 | | the petitioner is present in court or has notice of the |
15 | | respondent's petition, to transfer the respondent's firearm to |
16 | | a person who is lawfully able to possess the firearm if the |
17 | | person does not reside at the same address as the respondent. |
18 | | Notice of the petition shall be served upon the person |
19 | | protected by the emergency firearms restraining order. While |
20 | | the order is in effect, the transferee who receives the |
21 | | respondent's firearms must swear or affirm by affidavit that |
22 | | he or she shall not transfer the firearm to the respondent or |
23 | | to anyone residing in the same residence as the respondent. |
24 | | (i-6) If a person other than the respondent claims title |
25 | | to any firearms surrendered under this Section, he or she may |
26 | | petition the court, if the petitioner is present in court or |
|
| | HB4530 | - 126 - | LRB102 21798 RLC 30918 b |
|
|
1 | | has notice of the petition, to have the firearm returned to him |
2 | | or her. If the court determines that person to be the lawful |
3 | | owner of the firearm, the firearm shall be returned to him or |
4 | | her, provided that: |
5 | | (1) the firearm is removed from the respondent's |
6 | | custody, control, or possession and the lawful owner |
7 | | agrees to store the firearm in a manner such that the |
8 | | respondent does not have access to or control of the |
9 | | firearm; and |
10 | | (2) the firearm is not otherwise unlawfully possessed |
11 | | by the owner. |
12 | | The person petitioning for the return of his or her |
13 | | firearm must swear or affirm by affidavit that he or she: (i) |
14 | | is the lawful owner of the firearm; (ii) shall not transfer the |
15 | | firearm to the respondent; and (iii) will store the firearm in |
16 | | a manner that the respondent does not have access to or control |
17 | | of the firearm. |
18 | | (j) If the court does not issue a firearms restraining |
19 | | order at the hearing, the court shall dissolve any emergency |
20 | | firearms restraining order then in effect. |
21 | | (k) When the court issues a firearms restraining order |
22 | | under this Section, the court shall inform the respondent that |
23 | | he or she is entitled to one hearing during the period of the |
24 | | order to request a termination of the order, under Section 45 |
25 | | of this Act, and shall provide the respondent with a form to |
26 | | request a hearing.
|
|
| | HB4530 | - 127 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
2 | | 102-538, eff. 8-20-21; revised 11-3-21.) |
3 | | (Text of Section after amendment by P.A. 102-345 )
|
4 | | Sec. 40. Six-month orders.
|
5 | | (a) A petitioner may request a 6-month firearms |
6 | | restraining order by filing an affidavit or verified pleading |
7 | | alleging that the respondent poses a significant danger of |
8 | | causing personal injury to himself, herself, or another in the |
9 | | near future by having in his or her custody or control, |
10 | | purchasing, possessing, or receiving a firearm, ammunition, |
11 | | and firearm parts that could
be assembled to make an operable |
12 | | firearm. The petition shall also describe the number, types, |
13 | | and locations of any firearms, ammunition, and firearm parts |
14 | | that could
be assembled to make an operable firearm presently |
15 | | believed by the petitioner to be possessed or controlled by |
16 | | the respondent.
|
17 | | (b) If the respondent is alleged to pose a significant |
18 | | danger of causing personal injury to an intimate partner, or |
19 | | an intimate partner is alleged to have been the target of a |
20 | | threat or act of violence by the respondent, the petitioner |
21 | | shall make a good faith effort to provide notice to any and all |
22 | | intimate partners of the respondent. The notice must include |
23 | | that the petitioner intends to petition the court for a |
24 | | 6-month firearms restraining order, and, if the petitioner is |
25 | | a law enforcement officer, referral to relevant domestic |
|
| | HB4530 | - 128 - | LRB102 21798 RLC 30918 b |
|
|
1 | | violence or stalking advocacy or counseling resources, if |
2 | | appropriate. The petitioner shall attest to having provided |
3 | | the notice in the filed affidavit or verified pleading. If, |
4 | | after making a good faith effort, the petitioner is unable to |
5 | | provide notice to any or all intimate partners, the affidavit |
6 | | or verified pleading should describe what efforts were made. |
7 | | (c) Every person who files a petition for a 6-month |
8 | | firearms restraining order, knowing the information provided |
9 | | to the court at any hearing or in the affidavit or verified |
10 | | pleading to be false, is guilty of perjury under Section 32-2 |
11 | | of the Criminal Code of 2012.
|
12 | | (d) Upon receipt of a petition for a 6-month firearms |
13 | | restraining order, the court shall order a hearing within 30 |
14 | | days.
|
15 | | (e) In determining whether to issue a firearms restraining |
16 | | order under this Section, the court shall consider evidence |
17 | | including, but not limited to, the following:
|
18 | | (1) The unlawful and reckless use, display, or |
19 | | brandishing of a firearm, ammunition, and firearm parts |
20 | | that could
be assembled to make an operable firearm by the |
21 | | respondent.
|
22 | | (2) The history of use, attempted use, or threatened |
23 | | use of physical force by the respondent against another |
24 | | person.
|
25 | | (3) Any prior arrest of the respondent for a felony |
26 | | offense. |
|
| | HB4530 | - 129 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (4) Evidence of the abuse of controlled substances or |
2 | | alcohol by the respondent. |
3 | | (5) A recent threat of violence or act of violence by |
4 | | the respondent directed toward himself, herself, or |
5 | | another. |
6 | | (6) A violation of an emergency order of protection |
7 | | issued under Section 217 of the Illinois Domestic Violence |
8 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
9 | | Procedure of 1963 or of an order of protection issued |
10 | | under Section 214 of the Illinois Domestic Violence Act of |
11 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
12 | | of 1963.
|
13 | | (7) A pattern of violent acts or violent threats, |
14 | | including, but not limited to, threats of violence or acts |
15 | | of violence by the respondent directed toward himself, |
16 | | herself, or another. |
17 | | (f) At the hearing, the petitioner shall have the burden |
18 | | of proving, by clear and convincing evidence, that the |
19 | | respondent poses a significant danger of personal injury to |
20 | | himself, herself, or another by having in his or her custody or |
21 | | control, purchasing, possessing, or receiving a firearm, |
22 | | ammunition, and firearm parts that could be assembled to make |
23 | | an operable firearm. |
24 | | (g) If the court finds that there is clear and convincing |
25 | | evidence to issue a firearms restraining order, the court |
26 | | shall issue a firearms restraining order that shall be in |
|
| | HB4530 | - 130 - | LRB102 21798 RLC 30918 b |
|
|
1 | | effect for 6 months subject to renewal under Section 45 of this |
2 | | Act or termination under that Section. |
3 | | (g-5) If the court issues a 6-month firearms restraining |
4 | | order, it shall, upon a finding of probable cause that the |
5 | | respondent possesses firearms, ammunition, and firearm parts |
6 | | that could
be assembled to make an operable firearm, issue a |
7 | | search warrant directing a law enforcement agency to seize the |
8 | | respondent's firearms, ammunition, and firearm parts that |
9 | | could
be assembled to make an operable firearm. The court may, |
10 | | as part of that warrant, direct the law enforcement agency to |
11 | | search the respondent's residence and other places where the |
12 | | court finds there is probable cause to believe he or she is |
13 | | likely to possess the firearms, ammunition, and firearm parts |
14 | | that could
be assembled to make an operable firearm. A return |
15 | | of the search warrant shall be filed by the law enforcement |
16 | | agency within 4 days thereafter, setting forth the time, date, |
17 | | and location that the search warrant was executed and what |
18 | | items, if any, were seized. |
19 | | (h) A 6-month firearms restraining order shall require: |
20 | | (1) the respondent to refrain from having in his or |
21 | | her custody or control, purchasing, possessing, or |
22 | | receiving additional firearms, ammunition, and firearm |
23 | | parts that could
be assembled to make an operable firearm |
24 | | for the duration of the order under Section 8.2 of the |
25 | | Firearm Owners Identification Card Act ; and |
26 | | (2) the respondent to comply with Section 9.5 of the |
|
| | HB4530 | - 131 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Firearm Owners Identification Card Act and subsection (g) |
2 | | of Section 70 of the Firearm Concealed Carry Act , |
3 | | ammunition, and firearm parts that could
be assembled to |
4 | | make an operable firearm . Illinois, ammunition, and |
5 | | firearm parts that could be assembled to make an operable |
6 | | firearm |
7 | | (i) Except as otherwise provided in subsection (i-5) of |
8 | | this Section, upon expiration of the period of safekeeping, if |
9 | | the firearms, ammunition, and firearm parts that could
be |
10 | | assembled to make an operable firearm or Firearm Owner's |
11 | | Identification Card cannot be returned to the respondent |
12 | | because the respondent cannot be located, fails to respond to |
13 | | requests to retrieve the firearms, ammunition, and firearm |
14 | | parts that could
be assembled to make an operable firearm, or |
15 | | is not lawfully eligible to possess a firearm, ammunition, and |
16 | | firearm parts that could
be assembled to make an operable |
17 | | firearm, upon petition from the local law enforcement agency, |
18 | | the court may order the local law enforcement agency to |
19 | | destroy the firearms, ammunition, and firearm parts that could |
20 | | be assembled to make an operable firearm, use the firearms, |
21 | | ammunition, and firearm parts that could
be assembled to make |
22 | | an operable firearm for training purposes, or use the |
23 | | firearms, ammunition, and firearm parts that could
be |
24 | | assembled to make an operable firearm for any other |
25 | | application as deemed appropriate by the local law enforcement |
26 | | agency. |
|
| | HB4530 | - 132 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (i-5) A respondent whose firearms have been turned over to |
2 | | a local law enforcement agency Firearm Owner's Identification |
3 | | Card has been revoked or suspended may petition the court, if |
4 | | the petitioner is present in court or has notice of the |
5 | | respondent's petition, to transfer the respondent's firearm, |
6 | | ammunition, and firearm parts that could
be assembled to make |
7 | | an operable firearm to a person who is lawfully able to possess |
8 | | the firearm, ammunition, and firearm parts that could
be |
9 | | assembled to make an operable firearm if the person does not |
10 | | reside at the same address as the respondent. Notice of the |
11 | | petition shall be served upon the person protected by the |
12 | | emergency firearms restraining order. While the order is in |
13 | | effect, the transferee who receives the respondent's firearms, |
14 | | ammunition, and firearm parts that could be assembled to make |
15 | | an operable firearm must swear or affirm by affidavit that he |
16 | | or she shall not transfer the firearm, ammunition, and firearm |
17 | | parts that could
be assembled to make an operable firearm to |
18 | | the respondent or to anyone residing in the same residence as |
19 | | the respondent. |
20 | | (i-6) If a person other than the respondent claims title |
21 | | to any firearms, ammunition, and firearm parts that could
be |
22 | | assembled to make an operable firearm surrendered under this |
23 | | Section, he or she may petition the court, if the petitioner is |
24 | | present in court or has notice of the petition, to have the |
25 | | firearm, ammunition, and firearm parts that could be assembled |
26 | | to make an operable firearm returned to him or her. If the |
|
| | HB4530 | - 133 - | LRB102 21798 RLC 30918 b |
|
|
1 | | court determines that person to be the lawful owner of the |
2 | | firearm, ammunition, and firearm parts that could be assembled |
3 | | to make an operable firearm, the firearm, ammunition, and |
4 | | firearm parts that could
be assembled to make an operable |
5 | | firearm shall be returned to him or her, provided that: |
6 | | (1) the firearm,
ammunition, and firearm parts that |
7 | | could be assembled to make
an operable firearm are removed |
8 | | from the respondent's custody, control, or possession and |
9 | | the lawful owner agrees to store the firearm, ammunition, |
10 | | and firearm parts that could
be assembled to make an |
11 | | operable firearm in a manner such that the respondent does |
12 | | not have access to or control of the firearm, ammunition, |
13 | | and firearm parts that could
be assembled to make an |
14 | | operable firearm; and |
15 | | (2) the firearm,
ammunition, and firearm parts that |
16 | | could be assembled to make
an operable firearm are not |
17 | | otherwise unlawfully possessed by the owner. |
18 | | The person petitioning for the return of his or her |
19 | | firearm, ammunition, and firearm parts that could
be assembled |
20 | | to make an operable firearm must swear or affirm by affidavit |
21 | | that he or she: (i) is the lawful owner of the firearm, |
22 | | ammunition, and firearm parts that could be assembled to make |
23 | | an operable firearm; (ii) shall not transfer the firearm, |
24 | | ammunition, and firearm parts that could
be assembled to make |
25 | | an operable firearm to the respondent; and (iii) will store |
26 | | the firearm, ammunition, and firearm parts that could be |
|
| | HB4530 | - 134 - | LRB102 21798 RLC 30918 b |
|
|
1 | | assembled to make an operable firearm in a manner that the |
2 | | respondent does not have access to or control of the firearm, |
3 | | ammunition, and firearm parts that could
be assembled to make |
4 | | an operable firearm. |
5 | | (j) If the court does not issue a firearms restraining |
6 | | order at the hearing, the court shall dissolve any emergency |
7 | | firearms restraining order then in effect. |
8 | | (k) When the court issues a firearms restraining order |
9 | | under this Section, the court shall inform the respondent that |
10 | | he or she is entitled to one hearing during the period of the |
11 | | order to request a termination of the order, under Section 45 |
12 | | of this Act, and shall provide the respondent with a form to |
13 | | request a hearing.
|
14 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
15 | | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.) |
16 | | Section 67. The Firearm Dealer License Certification Act |
17 | | is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as |
18 | | follows: |
19 | | (430 ILCS 68/5-20)
|
20 | | Sec. 5-20. Additional licensee requirements. |
21 | | (a) A certified licensee shall make a photo copy of a |
22 | | buyer's or transferee's valid photo identification card |
23 | | whenever a firearm sale transaction takes place. The photo |
24 | | copy shall be attached to the documentation detailing the |
|
| | HB4530 | - 135 - | LRB102 21798 RLC 30918 b |
|
|
1 | | record of sale. |
2 | | (b) A certified licensee shall post in a conspicuous |
3 | | position on the premises where the licensee conducts business |
4 | | a sign that contains the following warning in block letters |
5 | | not less than one inch in height: |
6 | | "With few exceptions enumerated in the Criminal Code |
7 | | of 2012 Firearm Owners Identification Card Act , it is |
8 | | unlawful for you to: |
9 | | (A) store or leave an unsecured firearm in a place |
10 | | where a child can obtain access to it;
or |
11 | | (B) sell or transfer your firearm to someone else |
12 | | without receiving approval for the transfer from the |
13 | | Illinois State Police, or |
14 | | (B) (C) fail to report the loss or theft of your |
15 | | firearm to local law enforcement within 72 hours.". |
16 | | This sign shall be created by the Illinois State Police and |
17 | | made available for printing or downloading from the Illinois |
18 | | State Police's website. |
19 | | (c) No retail location established after the effective |
20 | | date of this Act shall be located within 500 feet of any |
21 | | school, pre-school, or day care facility in existence at its |
22 | | location before the retail location is established as measured |
23 | | from the nearest corner of the building holding the retail |
24 | | location to the corner of the school, pre-school, or day care |
25 | | facility building nearest the retail location at the time the |
26 | | retail location seeks licensure.
|
|
| | HB4530 | - 136 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 102-538, eff. 8-20-21.) |
2 | | (430 ILCS 68/5-25)
|
3 | | Sec. 5-25. Exemptions. The provisions of this Act related
|
4 | | to the certification of a license do not apply to a
person or |
5 | | entity that engages in the following
activities: |
6 | | (1) temporary transfers of firearms solely for use at |
7 | | the
location or on the premises where the transfer takes |
8 | | place,
such as transfers at a shooting range for use at |
9 | | that location; |
10 | | (2) temporary transfers of firearms solely for use |
11 | | while in
the presence of the transferor or transfers for |
12 | | the
purposes of firearm safety training by a firearms |
13 | | safety training instructor; |
14 | | (3) transfers of firearms among immediate family or
|
15 | | household members, as "immediate family or household |
16 | | member" is
defined in Section 3-2.7-10 of the Unified Code |
17 | | of Corrections, provided that both the transferor and |
18 | | transferee are not prohibited from possessing a firearm |
19 | | under federal or State law have a currently valid Firearm |
20 | | Owner's Identification Card; however, this paragraph (3) |
21 | | does not limit the familial gift exemption under paragraph |
22 | | (2) of subsection (a-15) of Section 3 of the Firearm |
23 | | Owners Identification Card Act ; |
24 | | (4) transfers by persons or entities acting under |
25 | | operation
of law or a court order; |
|
| | HB4530 | - 137 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (5) transfers by persons or entities liquidating all |
2 | | or
part of a collection. For purposes of this paragraph |
3 | | (5),
"collection" means 2 or more firearms which are of |
4 | | special
interest to collectors by reason of some quality |
5 | | other than is
associated with firearms intended for |
6 | | sporting use or as
offensive or defensive weapons; |
7 | | (6) transfers of firearms that have been rendered
|
8 | | permanently inoperable to a nonprofit historical society,
|
9 | | museum, or institutional collection; |
10 | | (7) transfers by a law enforcement or corrections |
11 | | agency or
a law enforcement or corrections officer acting |
12 | | within the
course and scope of his or her official duties; |
13 | | (8) (blank); transfers to a State or local law |
14 | | enforcement agency by a person who has his or her Firearm
|
15 | | Owner's Identification Card revoked; |
16 | | (9) transfers of curios and relics, as defined under
|
17 | | federal law, between collectors licensed under subsection |
18 | | (b)
of Section 923 of the federal Gun Control Act of 1968; |
19 | | (10) transfers by a person or entity licensed as an |
20 | | auctioneer under the Auction License Act; |
21 | | (10.5) transfers of firearms to a resident registered |
22 | | competitor or attendee or non-resident registered |
23 | | competitor or attendee by a licensed federal firearms |
24 | | dealer under Section 923 of the federal Gun Control Act of |
25 | | 1968 at a competitive shooting event held at the World |
26 | | Shooting and Recreational Complex that is sanctioned by a |
|
| | HB4530 | - 138 - | LRB102 21798 RLC 30918 b |
|
|
1 | | national governing body; or |
2 | | (11) transfers between a pawnshop and a customer which |
3 | | amount to a bailment. For purposes of this paragraph (11), |
4 | | "bailment" means the act of placing property in the |
5 | | custody and control of another, by agreement in which the |
6 | | holder is responsible for the safekeeping and return of |
7 | | the property.
|
8 | | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.) |
9 | | (430 ILCS 68/5-40)
|
10 | | Sec. 5-40. Qualifications for operation. |
11 | | (a) Each certified licensee shall submit with each |
12 | | application for certification or renewal an affidavit to the |
13 | | Illinois State Police stating that each owner, employee, or |
14 | | other agent of the certified licensee who sells or conducts |
15 | | transfers of firearms for the certified licensee is at least |
16 | | 21 years of age , has a currently valid Firearm Owner's |
17 | | Identification Card and, for a renewal, has completed the |
18 | | training required under Section 5-30. The affidavit must also |
19 | | contain the name and Firearm Owner's Identification Card |
20 | | number of each owner, employee, or other agent who sells or |
21 | | conducts transfers of firearms for the certified licensee. If |
22 | | an owner, employee, or other agent of the certified licensee |
23 | | is not otherwise a resident of this State, the certified |
24 | | licensee shall submit an affidavit stating that the owner, |
25 | | employee, or other agent has undergone a background check and |
|
| | HB4530 | - 139 - | LRB102 21798 RLC 30918 b |
|
|
1 | | is not prohibited from owning or possessing firearms. |
2 | | (b) In addition to the affidavit required under subsection |
3 | | (a), within 30 days of a new owner, employee, or other agent |
4 | | beginning selling or conducting transfers of firearms for the |
5 | | certified licensee, the certified licensee shall submit an |
6 | | affidavit to the Illinois State Police stating the date that |
7 | | the new owner, employee, or other agent began selling or |
8 | | conducting transfers of firearms for the certified licensee, |
9 | | and providing the information required in subsection (a) for |
10 | | that new owner, employee, or other agent. |
11 | | (c) If a certified licensee has a license, certificate, or |
12 | | permit to sell, lease, transfer, purchase, or possess firearms |
13 | | issued by the federal government or the government of any |
14 | | state revoked or suspended for good cause within the preceding |
15 | | 4 years, the Illinois State Police may consider revoking or |
16 | | suspending the certified licenses in this State. In making a |
17 | | determination of whether or not to revoke or suspend a |
18 | | certified license in this State, the Illinois State Police |
19 | | shall consider the number of retail locations the certified |
20 | | licensee or any related person or entity operates in this |
21 | | State or in other states under the same or different business |
22 | | names, and the severity of the infraction in the state in which |
23 | | a license was revoked or suspended. |
24 | | (d) Applications and affidavits required under this |
25 | | Section are not subject to disclosure by the Illinois State |
26 | | Police under the Freedom of Information Act.
|
|
| | HB4530 | - 140 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 102-538, eff. 8-20-21.) |
2 | | (430 ILCS 68/5-85)
|
3 | | Sec. 5-85. Disciplinary sanctions. |
4 | | (a) For violations of this Act not penalized under Section
|
5 | | 5-15, the Illinois State Police may
refuse to renew or
|
6 | | restore, or may reprimand, place on probation, suspend, |
7 | | revoke,
or take other disciplinary or non-disciplinary action |
8 | | against
any licensee, and may impose a fine commensurate with |
9 | | the severity of the violation not to exceed $10,000 for each
|
10 | | violation for any of the following, consistent with the |
11 | | Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 |
12 | | through 7903:
|
13 | | (1) Violations of this Act, or any law applicable to |
14 | | the sale or
transfer of firearms.
|
15 | | (2) A pattern of practice or other behavior which
|
16 | | demonstrates incapacity or incompetency to practice under
|
17 | | this Act.
|
18 | | (3) Aiding or assisting another person in violating |
19 | | any
provision of this Act or rules adopted under this Act.
|
20 | | (4) Failing, within 60 days, to provide information in
|
21 | | response to a written request made by the Illinois State |
22 | | Police.
|
23 | | (5) Conviction of, plea of guilty to, or plea of nolo
|
24 | | contendere to any crime that disqualifies the person from
|
25 | | obtaining a firearm valid Firearm Owner's Identification |
|
| | HB4530 | - 141 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Card .
|
2 | | (6) Continued practice, although the person has become
|
3 | | unfit to practice due to any of the following:
|
4 | | (A) Any circumstance that disqualifies the person
|
5 | | from obtaining a firearm valid Firearm Owner's |
6 | | Identification
Card or concealed carry license.
|
7 | | (B) Habitual or excessive use or abuse of drugs
|
8 | | defined in law as controlled substances, alcohol, or
|
9 | | any other substance that results in the inability to
|
10 | | practice with reasonable judgment, skill, or safety. |
11 | | (7) Receiving, directly or indirectly, compensation
|
12 | | for any firearms sold or transferred illegally.
|
13 | | (8) Discipline by another United States jurisdiction,
|
14 | | foreign nation, or governmental agency, if at least one of
|
15 | | the grounds for the discipline is the same or |
16 | | substantially
equivalent to those set forth in this Act.
|
17 | | (9) Violation of any disciplinary order imposed on a
|
18 | | licensee by the Illinois State Police.
|
19 | | (10) A finding by the Illinois State Police that the |
20 | | licensee,
after having his or her certified license placed |
21 | | on probationary
status, has violated the terms of |
22 | | probation.
|
23 | | (11) A fraudulent or material misstatement in the |
24 | | completion of an affirmative obligation or inquiry by law |
25 | | enforcement. |
26 | | (b) All fines imposed under this Section shall be paid
|
|
| | HB4530 | - 142 - | LRB102 21798 RLC 30918 b |
|
|
1 | | within 90 days after the effective date of the final order |
2 | | imposing
the fine.
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.) |
4 | | Section 70. The Wildlife Code is amended by changing |
5 | | Sections 3.2 and 3.2a as follows:
|
6 | | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
|
7 | | Sec. 3.2. Hunting license; application; instruction. |
8 | | Before the
Department or any county, city, village, township, |
9 | | incorporated town clerk
or his duly designated agent or any |
10 | | other person authorized or designated
by the Department to |
11 | | issue hunting licenses shall issue a hunting license
to any |
12 | | person, the person shall file his application with the |
13 | | Department or
other party authorized to issue licenses on a |
14 | | form provided by the
Department and further give definite |
15 | | proof of identity and place of legal
residence. Each clerk |
16 | | designating agents to issue licenses and stamps
shall furnish |
17 | | the Department, within 10 days following the appointment, the
|
18 | | names and mailing addresses of the agents. Each clerk or his |
19 | | duly
designated agent shall be authorized to sell licenses and |
20 | | stamps only
within the territorial area for which he was |
21 | | elected or appointed. No duly
designated agent is authorized |
22 | | to furnish licenses or stamps for
issuance by any other |
23 | | business establishment. Each
application shall be executed and |
24 | | sworn to and shall set forth the name
and description of the |
|
| | HB4530 | - 143 - | LRB102 21798 RLC 30918 b |
|
|
1 | | applicant and place of residence.
|
2 | | No hunting license shall be issued to any person born on or |
3 | | after January
1,
1980
unless he presents the person authorized |
4 | | to issue the license
evidence that he has held a hunting |
5 | | license issued by the State of Illinois
or another state in a |
6 | | prior year, or a certificate of competency as
provided in this |
7 | | Section. Persons under 18 years of age may be issued a
Lifetime |
8 | | Hunting or Sportsmen's Combination License as provided under |
9 | | Section
20-45 of the Fish and Aquatic Life Code but shall not |
10 | | be entitled to hunt alone, without the supervision of an adult |
11 | | age 21 or older,
unless they have a certificate of competency |
12 | | as provided in this Section and
the certificate is in their |
13 | | possession while hunting.
|
14 | | The Department of Natural Resources shall authorize
|
15 | | personnel of the
Department or certified volunteer instructors |
16 | | to conduct courses, of not
less than 10 hours in length, in |
17 | | firearms and hunter safety, which may include
training in bow |
18 | | and arrow safety, at regularly specified intervals throughout
|
19 | | the State. Persons successfully completing the course shall |
20 | | receive a
certificate of competency. The Department of Natural |
21 | | Resources may further
cooperate with any reputable association |
22 | | or organization in establishing
courses if the organization |
23 | | has as one of its objectives the promotion of
safety in the |
24 | | handling of firearms or bow and arrow.
|
25 | | The Department of Natural Resources shall designate any
|
26 | | person found by it
to be competent to give instruction in the |
|
| | HB4530 | - 144 - | LRB102 21798 RLC 30918 b |
|
|
1 | | handling of firearms, hunter
safety, and bow and arrow. The |
2 | | persons so appointed shall give the
course of instruction and |
3 | | upon the successful completion shall
issue to the person |
4 | | instructed a certificate of competency in the safe
handling of |
5 | | firearms, hunter safety, and bow and arrow. No charge shall
be |
6 | | made for any course of instruction except for materials or |
7 | | ammunition
consumed. The Department of Natural Resources shall
|
8 | | furnish information on
the requirements of hunter safety |
9 | | education programs to be distributed
free of charge to |
10 | | applicants for hunting licenses by the persons
appointed and |
11 | | authorized to issue licenses. Funds for the conducting of
|
12 | | firearms and hunter safety courses shall be taken from the fee |
13 | | charged
for the Firearm Owners Identification Card.
|
14 | | The fee for a hunting license to hunt all species for a |
15 | | resident of
Illinois is $12. For residents age 65 or older, |
16 | | and, commencing with the 2012 license year, resident veterans |
17 | | of the United States Armed Forces after returning from service |
18 | | abroad or mobilization by the President of the United States, |
19 | | the fee is one-half of the
fee charged for a hunting license to |
20 | | hunt all species for a resident of
Illinois. Veterans must |
21 | | provide to the Department, at one of the Department's 5 |
22 | | regional offices, verification of their service. The |
23 | | Department shall establish what constitutes suitable |
24 | | verification of service for the purpose of issuing resident |
25 | | veterans hunting
licenses at a reduced fee. The fee for a |
26 | | hunting license to hunt all species shall be $1 for residents |
|
| | HB4530 | - 145 - | LRB102 21798 RLC 30918 b |
|
|
1 | | over 75 years of age. Nonresidents shall be charged $57 for a |
2 | | hunting license.
|
3 | | Nonresidents may be issued a nonresident hunting license |
4 | | for a
period not to exceed 10 consecutive days' hunting in the |
5 | | State and shall
be charged a fee of $35.
|
6 | | A special nonresident hunting license authorizing a |
7 | | nonresident to
take game birds by hunting on a game breeding |
8 | | and hunting preserve
area only, established under Section |
9 | | 3.27, shall be issued upon proper
application being made and |
10 | | payment of a fee equal to that for a resident
hunting license. |
11 | | The expiration date of this license shall be on the same
date |
12 | | each year that game breeding and hunting preserve
area |
13 | | licenses expire.
|
14 | | Each applicant for a State Migratory Waterfowl Stamp, |
15 | | regardless of
his residence or other condition, shall pay a |
16 | | fee of $15 and
shall receive a stamp. The fee for a State |
17 | | Migratory Waterfowl Stamp shall be waived for residents over |
18 | | 75 years of age. Except as provided under
Section 20-45 of the |
19 | | Fish and Aquatic Life Code,
the stamp shall be signed by the |
20 | | person or affixed to his license
or permit in a space |
21 | | designated by the Department for that purpose.
|
22 | | Each applicant for a State Habitat Stamp, regardless of |
23 | | his residence
or other condition, shall pay a fee of $5 and |
24 | | shall receive a
stamp. The fee for a State Habitat Stamp shall |
25 | | be waived for residents over 75 years of age. Except as |
26 | | provided under Section 20-45 of the Fish and Aquatic Life
|
|
| | HB4530 | - 146 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Code, the stamp shall be signed by the person or affixed to his |
2 | | license or
permit in a space designated by the Department for |
3 | | that purpose.
|
4 | | Nothing in this Section shall be construed as to require |
5 | | the purchase
of more than one State Habitat Stamp by any person |
6 | | in any one license year.
|
7 | | The fees for State Pheasant Stamps and State Furbearer |
8 | | Stamps shall be waived for residents over 75 years of age. |
9 | | The Department shall furnish the holders of hunting |
10 | | licenses and stamps
with an insignia as evidence of possession |
11 | | of license, or license and
stamp, as the Department may |
12 | | consider advisable. The insignia shall be
exhibited and used |
13 | | as the Department may order.
|
14 | | All other hunting licenses and all State stamps shall |
15 | | expire upon
March 31 of each year.
|
16 | | Every person holding any license, permit, or stamp issued |
17 | | under the
provisions of this Act shall have it in his |
18 | | possession for immediate
presentation for inspection to the |
19 | | officers and authorized employees of
the Department, any |
20 | | sheriff, deputy sheriff, or any other peace officer making
a |
21 | | demand for it. This provision shall not apply to Department |
22 | | owned or
managed sites where it is required that all hunters |
23 | | deposit their license or ,
permit , or Firearm Owner's |
24 | | Identification Card at the check station upon
entering the |
25 | | hunting areas.
|
26 | | (Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
|
| | HB4530 | - 147 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
|
2 | | Sec. 3.2a.
Every person holding any license, permit or |
3 | | stamp issued under the
provisions hereof shall have it in his |
4 | | possession for immediate
presentation for inspection to the |
5 | | officers and authorized employees of
the Department, any |
6 | | sheriff, deputy sheriff or any other peace officer making
a |
7 | | demand for it.
This provision shall not apply to Department |
8 | | owned or managed sites where
it is required that all hunters |
9 | | deposit their license or , permit or Firearm
Owner's |
10 | | Identification Card at the check station upon entering the |
11 | | hunting areas.
|
12 | | (Source: P.A. 85-152.)
|
13 | | Section 75. The Criminal Code of 2012 is amended by |
14 | | changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, |
15 | | 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, |
16 | | 24-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as |
17 | | follows:
|
18 | | (720 ILCS 5/2-7.1)
|
19 | | Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". |
20 | | "Firearm
"Firearm" and "firearm
ammunition" means any |
21 | | self-contained cartridge or shotgun shell, by whatever name |
22 | | known, which is designed to be used or adaptable to use in a |
23 | | firearm; excluding, however: |
|
| | HB4530 | - 148 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) any ammunition exclusively designed for use with
a |
2 | | device used exclusively for signaling or safety and required |
3 | | or recommended by the United States Coast Guard or the |
4 | | Interstate Commerce Commission; and |
5 | | (2) any ammunition designed exclusively for use with
a |
6 | | stud or rivet driver or other similar industrial ammunition
|
7 | | have the meanings ascribed to them in Section 1.1 of the |
8 | | Firearm
Owners Identification Card Act .
|
9 | | (Source: P.A. 91-544, eff. 1-1-00.)
|
10 | | (720 ILCS 5/2-7.5)
|
11 | | Sec. 2-7.5. "Firearm". Except as otherwise provided in a |
12 | | specific
Section, "firearm" means any device, by whatever name |
13 | | known, which is designed to expel a projectile or projectiles |
14 | | by the action of an explosion, expansion of gas or escape of |
15 | | gas; excluding, however: |
16 | | (1) any pneumatic gun, spring gun, paint ball gun, or B-B |
17 | | gun which
expels a single globular projectile not exceeding |
18 | | .18 inch in
diameter or which has a maximum muzzle velocity of |
19 | | less than 700 feet
per second; |
20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
21 | | B-B gun which expels breakable paint balls containing washable |
22 | | marking colors; |
23 | | (2) any device used exclusively for signaling or
safety |
24 | | and required or recommended by the United States Coast Guard |
25 | | or the Interstate Commerce Commission; |
|
| | HB4530 | - 149 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (3) any device used exclusively for the firing of
stud |
2 | | cartridges, explosive rivets, or similar industrial |
3 | | ammunition; and |
4 | | (4) an antique firearm (other than a machine-gun)
which, |
5 | | although designed as a weapon, the Illinois State Police finds |
6 | | by reason of the date of its manufacture, value, design, and |
7 | | other characteristics is primarily a collector's item and is |
8 | | not likely to be used as a weapon has the meaning ascribed to |
9 | | it in Section 1.1 of the
Firearm Owners Identification Card |
10 | | Act .
|
11 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
12 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
|
13 | | Sec. 12-3.05. Aggravated battery.
|
14 | | (a) Offense based on injury. A person commits aggravated |
15 | | battery when, in committing a battery, other than by the |
16 | | discharge of a firearm, he or she knowingly does any of the |
17 | | following: |
18 | | (1) Causes great bodily harm or permanent disability |
19 | | or disfigurement. |
20 | | (2) Causes severe and permanent disability, great |
21 | | bodily harm, or disfigurement by means of a caustic or |
22 | | flammable substance, a poisonous gas, a deadly biological |
23 | | or chemical contaminant or agent, a radioactive substance, |
24 | | or a bomb or explosive compound. |
25 | | (3) Causes great bodily harm or permanent disability |
|
| | HB4530 | - 150 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or disfigurement to an individual whom the person knows to |
2 | | be a peace officer, community policing volunteer, fireman, |
3 | | private security officer, correctional institution |
4 | | employee, or Department of Human Services employee |
5 | | supervising or controlling sexually dangerous persons or |
6 | | sexually violent persons: |
7 | | (i) performing his or her official duties; |
8 | | (ii) battered to prevent performance of his or her |
9 | | official duties; or |
10 | | (iii) battered in retaliation for performing his |
11 | | or her official duties. |
12 | | (4) Causes great bodily harm or permanent disability |
13 | | or disfigurement to an individual 60 years of age or |
14 | | older. |
15 | | (5) Strangles another individual. |
16 | | (b) Offense based on injury to a child or person with an |
17 | | intellectual disability. A person who is at least 18 years of |
18 | | age commits aggravated battery when, in committing a battery, |
19 | | he or she knowingly and without legal justification by any |
20 | | means: |
21 | | (1) causes great bodily harm or permanent disability |
22 | | or disfigurement to any child under the age of 13 years, or |
23 | | to any person with a severe or profound intellectual |
24 | | disability; or |
25 | | (2) causes bodily harm or disability or disfigurement |
26 | | to any child under the age of 13 years or to any person |
|
| | HB4530 | - 151 - | LRB102 21798 RLC 30918 b |
|
|
1 | | with a severe or profound intellectual disability. |
2 | | (c) Offense based on location of conduct. A person commits |
3 | | aggravated battery when, in committing a battery, other than |
4 | | by the discharge of a firearm, he or she is or the person |
5 | | battered is on or about a public way, public property, a public |
6 | | place of accommodation or amusement, a sports venue, or a |
7 | | domestic violence shelter, or in a church, synagogue, mosque, |
8 | | or other building, structure, or place used for religious |
9 | | worship. |
10 | | (d) Offense based on status of victim. A person commits |
11 | | aggravated battery when, in committing a battery, other than |
12 | | by discharge of a firearm, he or she knows the individual |
13 | | battered to be any of the following: |
14 | | (1) A person 60 years of age or older. |
15 | | (2) A person who is pregnant or has a physical |
16 | | disability. |
17 | | (3) A teacher or school employee upon school grounds |
18 | | or grounds adjacent to a school or in any part of a |
19 | | building used for school purposes. |
20 | | (4) A peace officer, community policing volunteer, |
21 | | fireman, private security officer, correctional |
22 | | institution employee, or Department of Human Services |
23 | | employee supervising or controlling sexually dangerous |
24 | | persons or sexually violent persons: |
25 | | (i) performing his or her official duties; |
26 | | (ii) battered to prevent performance of his or her |
|
| | HB4530 | - 152 - | LRB102 21798 RLC 30918 b |
|
|
1 | | official duties; or |
2 | | (iii) battered in retaliation for performing his |
3 | | or her official duties. |
4 | | (5) A judge, emergency management worker, emergency |
5 | | medical services personnel, or utility worker: |
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 | | (6) An officer or employee of the State of Illinois, a |
12 | | unit of local government, or a school district, while |
13 | | performing his or her official duties. |
14 | | (7) A transit employee performing his or her official |
15 | | duties, or a transit passenger. |
16 | | (8) A taxi driver on duty. |
17 | | (9) A merchant who detains the person for an alleged |
18 | | commission of retail theft under Section 16-26 of this |
19 | | Code and the person without legal justification by any |
20 | | means causes bodily harm to the merchant. |
21 | | (10) A person authorized to serve process under |
22 | | Section 2-202 of the Code of Civil Procedure or a special |
23 | | process server appointed by the circuit court while that |
24 | | individual is in the performance of his or her duties as a |
25 | | process server. |
26 | | (11) A nurse while in the performance of his or her |
|
| | HB4530 | - 153 - | LRB102 21798 RLC 30918 b |
|
|
1 | | duties as a nurse. |
2 | | (12) A merchant: (i) while performing his or her |
3 | | duties, including, but not limited to, relaying directions |
4 | | for healthcare or safety from his or her supervisor or |
5 | | employer or relaying health or safety guidelines, |
6 | | recommendations, regulations, or rules from a federal, |
7 | | State, or local public health agency; and (ii) during a |
8 | | disaster declared by the Governor, or a state of emergency |
9 | | declared by the mayor of the municipality in which the |
10 | | merchant is located, due to a public health emergency and |
11 | | for a period of 6 months after such declaration. |
12 | | (e) Offense based on use of a firearm. A person commits |
13 | | aggravated battery when, in committing a battery, he or she |
14 | | knowingly does any of the following: |
15 | | (1) Discharges a firearm, other than a machine gun or |
16 | | a firearm equipped with a silencer, and causes any injury |
17 | | to another person. |
18 | | (2) Discharges a firearm, other than a machine gun or |
19 | | a firearm equipped with a silencer, and causes any injury |
20 | | to a person he or she knows to be a peace officer, |
21 | | community policing volunteer, person summoned by a police |
22 | | officer, fireman, private security officer, correctional |
23 | | institution employee, or emergency management worker: |
24 | | (i) performing his or her official duties; |
25 | | (ii) battered to prevent performance of his or her |
26 | | official duties; or |
|
| | HB4530 | - 154 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (iii) battered in retaliation for performing his |
2 | | or her official duties. |
3 | | (3) Discharges a firearm, other than a machine gun or |
4 | | a firearm equipped with a silencer, and causes any injury |
5 | | to a person he or she knows to be emergency medical |
6 | | services personnel: |
7 | | (i) performing his or her official duties; |
8 | | (ii) battered to prevent performance of his or her |
9 | | official duties; or |
10 | | (iii) battered in retaliation for performing his |
11 | | or her official duties. |
12 | | (4) Discharges a firearm and causes any injury to a |
13 | | person he or she knows to be a teacher, a student in a |
14 | | school, or a school employee, and the teacher, student, or |
15 | | employee is upon school grounds or grounds adjacent to a |
16 | | school or in any part of a building used for school |
17 | | purposes. |
18 | | (5) Discharges a machine gun or a firearm equipped |
19 | | with a silencer, and causes any injury to another person. |
20 | | (6) Discharges a machine gun or a firearm equipped |
21 | | with a silencer, and causes any injury to a person he or |
22 | | she knows to be a peace officer, community policing |
23 | | volunteer, person summoned by a police officer, fireman, |
24 | | private security officer, correctional institution |
25 | | employee or emergency management worker: |
26 | | (i) performing his or her official duties; |
|
| | HB4530 | - 155 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (ii) battered to prevent performance of his or her |
2 | | official duties; or |
3 | | (iii) battered in retaliation for performing his |
4 | | or her official duties. |
5 | | (7) Discharges a machine gun or a firearm equipped |
6 | | with a silencer, and causes any injury to a person he or |
7 | | she knows to be emergency medical services personnel: |
8 | | (i) performing his or her official duties; |
9 | | (ii) battered to prevent performance of his or her |
10 | | official duties; or |
11 | | (iii) battered in retaliation for performing his |
12 | | or her official duties. |
13 | | (8) Discharges a machine gun or a firearm equipped |
14 | | with a silencer, and causes any injury to a person he or |
15 | | she knows to be a teacher, or a student in a school, or a |
16 | | school employee, and the teacher, student, or employee is |
17 | | upon school grounds or grounds adjacent to a school or in |
18 | | any part of a building used for school purposes. |
19 | | (f) Offense based on use of a weapon or device. A person |
20 | | commits aggravated battery when, in committing a battery, he |
21 | | or she does any of the following: |
22 | | (1) Uses a deadly weapon other than by discharge of a |
23 | | firearm, or uses an air rifle as defined in Section |
24 | | 24.8-0.1 of this Code. |
25 | | (2) Wears a hood, robe, or mask to conceal his or her |
26 | | identity. |
|
| | HB4530 | - 156 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (3) Knowingly and without lawful justification shines |
2 | | or flashes a laser gunsight or other laser device attached |
3 | | to a firearm, or used in concert with a firearm, so that |
4 | | the laser beam strikes upon or against the person of |
5 | | another. |
6 | | (4) Knowingly video or audio records the offense with |
7 | | the intent to disseminate the recording. |
8 | | (g) Offense based on certain conduct. A person commits |
9 | | aggravated battery when, other than by discharge of a firearm, |
10 | | he or she does any of the following: |
11 | | (1) Violates Section 401 of the Illinois Controlled |
12 | | Substances Act by unlawfully delivering a controlled |
13 | | substance to another and any user experiences great bodily |
14 | | harm or permanent disability as a result of the injection, |
15 | | inhalation, or ingestion of any amount of the controlled |
16 | | substance. |
17 | | (2) Knowingly administers to an individual or causes |
18 | | him or her to take, without his or her consent or by threat |
19 | | or deception, and for other than medical purposes, any |
20 | | intoxicating, poisonous, stupefying, narcotic, |
21 | | anesthetic, or controlled substance, or gives to another |
22 | | person any food containing any substance or object |
23 | | intended to cause physical injury if eaten. |
24 | | (3) Knowingly causes or attempts to cause a |
25 | | correctional institution employee or Department of Human |
26 | | Services employee to come into contact with blood, seminal |
|
| | HB4530 | - 157 - | LRB102 21798 RLC 30918 b |
|
|
1 | | fluid, urine, or feces by throwing, tossing, or expelling |
2 | | the fluid or material, and the person is an inmate of a |
3 | | penal institution or is a sexually dangerous person or |
4 | | sexually violent person in the custody of the Department |
5 | | of Human Services. |
6 | | (h) Sentence. Unless otherwise provided, aggravated |
7 | | battery is a Class 3 felony. |
8 | | Aggravated battery as defined in subdivision (a)(4), |
9 | | (d)(4), or (g)(3) is a Class 2 felony. |
10 | | Aggravated battery as defined in subdivision (a)(3) or |
11 | | (g)(1) is a Class 1 felony. |
12 | | Aggravated battery as defined in subdivision (a)(1) is a |
13 | | Class 1 felony when the aggravated battery was intentional and |
14 | | involved the infliction of torture, as defined in paragraph |
15 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
16 | | infliction of or subjection to extreme physical pain, |
17 | | motivated by an intent to increase or prolong the pain, |
18 | | suffering, or agony of the victim. |
19 | | Aggravated battery as defined in subdivision (a)(1) is a |
20 | | Class 2 felony when the person causes great bodily harm or |
21 | | permanent disability to an individual whom the person knows to |
22 | | be a member of a congregation engaged in prayer or other |
23 | | religious activities at a church, synagogue, mosque, or other |
24 | | building, structure, or place used for religious worship. |
25 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
26 | | felony if: |
|
| | HB4530 | - 158 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (A) the person used or attempted to use a dangerous
|
2 | | instrument while committing the offense; |
3 | | (B) the person caused great bodily harm or
permanent |
4 | | disability or disfigurement to the other
person while |
5 | | committing the offense; or |
6 | | (C) the person has been previously convicted of a
|
7 | | violation of subdivision (a)(5) under the laws of this
|
8 | | State or laws similar to subdivision (a)(5) of any other
|
9 | | state. |
10 | | Aggravated battery as defined in subdivision (e)(1) is a |
11 | | Class X felony. |
12 | | Aggravated battery as defined in subdivision (a)(2) is a |
13 | | Class X felony for which a person shall be sentenced to a term |
14 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
15 | | years. |
16 | | Aggravated battery as defined in subdivision (e)(5) is a |
17 | | Class X felony for which a person shall be sentenced to a term |
18 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
19 | | years. |
20 | | Aggravated battery as defined in subdivision (e)(2), |
21 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
22 | | be sentenced to a term of imprisonment of a minimum of 15 years |
23 | | and a maximum of 60 years. |
24 | | Aggravated battery as defined in subdivision (e)(6), |
25 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
26 | | be sentenced to a term of imprisonment of a minimum of 20 years |
|
| | HB4530 | - 159 - | LRB102 21798 RLC 30918 b |
|
|
1 | | and a maximum of 60 years. |
2 | | Aggravated battery as defined in subdivision (b)(1) is a |
3 | | Class X felony, except that: |
4 | | (1) if the person committed the offense while armed |
5 | | with a firearm, 15 years shall be added to the term of |
6 | | imprisonment imposed by the court; |
7 | | (2) if, during the commission of the offense, the |
8 | | person personally discharged a firearm, 20 years shall be |
9 | | added to the term of imprisonment imposed by the court; |
10 | | (3) if, during the commission of the offense, the |
11 | | person personally discharged a firearm that proximately |
12 | | caused great bodily harm, permanent disability, permanent |
13 | | disfigurement, or death to another person, 25 years or up |
14 | | to a term of natural life shall be added to the term of |
15 | | imprisonment imposed by the court. |
16 | | (i) Definitions. In this Section: |
17 | | "Building or other structure used to provide shelter" has |
18 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
19 | | Violence Shelters Act. |
20 | | "Domestic violence" has the meaning ascribed to it in |
21 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
22 | | "Domestic violence shelter" means any building or other |
23 | | structure used to provide shelter or other services to victims |
24 | | or to the dependent children of victims of domestic violence |
25 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
26 | | Domestic Violence Shelters Act, or any place within 500 feet |
|
| | HB4530 | - 160 - | LRB102 21798 RLC 30918 b |
|
|
1 | | of such a building or other structure in the case of a person |
2 | | who is going to or from such a building or other structure. |
3 | | "Firearm" has the meaning provided under Section 2-7.5 of |
4 | | this Code 1.1
of the Firearm Owners Identification Card Act , |
5 | | and does
not include an air rifle as defined by Section |
6 | | 24.8-0.1 of this Code. |
7 | | "Machine gun" has the meaning ascribed to it in Section |
8 | | 24-1 of this Code. |
9 | | "Merchant" has the meaning ascribed to it in Section |
10 | | 16-0.1 of this Code. |
11 | | "Strangle" means
intentionally impeding the normal |
12 | | breathing or circulation of the blood of an individual by |
13 | | applying pressure on the throat
or neck of that individual or |
14 | | by blocking the nose or mouth of
that individual.
|
15 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
|
16 | | (720 ILCS 5/16-0.1) |
17 | | Sec. 16-0.1. Definitions. In this Article, unless the |
18 | | context clearly requires otherwise, the following terms are |
19 | | defined as indicated: |
20 | | "Access" means to use, instruct, communicate with, store |
21 | | data in, retrieve or intercept data from, or otherwise utilize |
22 | | any services of a computer. |
23 | | "Coin-operated machine" includes any automatic vending |
24 | | machine or any part thereof, parking meter, coin telephone, |
25 | | coin-operated transit turnstile, transit fare box, coin |
|
| | HB4530 | - 161 - | LRB102 21798 RLC 30918 b |
|
|
1 | | laundry machine, coin dry cleaning machine, amusement machine, |
2 | | music machine, vending machine dispensing goods or services, |
3 | | or money changer. |
4 | | "Communication device" means any type of instrument, |
5 | | device, machine, or equipment which is capable of |
6 | | transmitting, acquiring, decrypting, or receiving any |
7 | | telephonic, electronic, data, Internet access, audio, video, |
8 | | microwave, or radio transmissions, signals, communications, or |
9 | | services, including the receipt, acquisition, transmission, or |
10 | | decryption of all such communications, transmissions, signals, |
11 | | or services provided by or through any cable television, fiber |
12 | | optic, telephone, satellite, microwave, radio, Internet-based, |
13 | | data transmission, or wireless distribution network, system or |
14 | | facility; or any part, accessory, or component thereof, |
15 | | including any computer circuit, security module, smart card, |
16 | | software, computer chip, electronic mechanism or other |
17 | | component, accessory or part of any communication device which |
18 | | is capable of facilitating the transmission, decryption, |
19 | | acquisition or reception of all such communications, |
20 | | transmissions, signals, or services. |
21 | | "Communication service" means any service lawfully |
22 | | provided for a charge or compensation to facilitate the lawful |
23 | | origination, transmission, emission, or reception of signs, |
24 | | signals, data, writings, images, and sounds or intelligence of |
25 | | any nature by telephone, including cellular telephones or a |
26 | | wire, wireless, radio, electromagnetic, photo-electronic or |
|
| | HB4530 | - 162 - | LRB102 21798 RLC 30918 b |
|
|
1 | | photo-optical system; and also any service lawfully provided |
2 | | by any radio, telephone, cable television, fiber optic, |
3 | | satellite, microwave, Internet-based or wireless distribution |
4 | | network, system, facility or technology, including, but not |
5 | | limited to, any and all electronic, data, video, audio, |
6 | | Internet access, telephonic, microwave and radio |
7 | | communications, transmissions, signals and services, and any |
8 | | such communications, transmissions, signals and services |
9 | | lawfully provided directly or indirectly by or through any of |
10 | | those networks, systems, facilities or technologies. |
11 | | "Communication service provider" means: (1) any person or |
12 | | entity providing any communication service, whether directly |
13 | | or indirectly, as a reseller, including, but not limited to, a |
14 | | cellular, paging or other wireless communications company or |
15 | | other person or entity which, for a fee, supplies the |
16 | | facility, cell site, mobile telephone switching office or |
17 | | other equipment or communication service; (2) any person or |
18 | | entity owning or operating any cable television, fiber optic, |
19 | | satellite, telephone, wireless, microwave, radio, data |
20 | | transmission or Internet-based distribution network, system or |
21 | | facility; and (3) any person or entity providing any |
22 | | communication service directly or indirectly by or through any |
23 | | such distribution system, network or facility. |
24 | | "Computer" means a device that accepts, processes, stores, |
25 | | retrieves or outputs data, and includes but is not limited to |
26 | | auxiliary storage and telecommunications devices connected to |
|
| | HB4530 | - 163 - | LRB102 21798 RLC 30918 b |
|
|
1 | | computers. |
2 | | "Continuing
course of conduct" means a series of acts, and |
3 | | the accompanying
mental state necessary for the crime in |
4 | | question, irrespective
of whether the series of acts are |
5 | | continuous or intermittent. |
6 | | "Delivery container" means any bakery basket of wire or |
7 | | plastic used to transport or store bread or bakery products, |
8 | | any dairy case of wire or plastic used to transport or store |
9 | | dairy products, and any dolly or cart of 2 or 4 wheels used to |
10 | | transport or store any bakery or dairy product. |
11 | | "Document-making implement" means any implement, |
12 | | impression, template, computer file, computer disc, electronic |
13 | | device, computer hardware, computer software, instrument, or |
14 | | device that is used to make a real or fictitious or fraudulent |
15 | | personal identification document. |
16 | | "Financial transaction device" means any of the following: |
17 | | (1) An electronic funds transfer card. |
18 | | (2) A credit card. |
19 | | (3) A debit card. |
20 | | (4) A point-of-sale card. |
21 | | (5) Any instrument, device, card, plate, code, account |
22 | | number, personal identification number, or a record or |
23 | | copy of a code, account number, or personal identification |
24 | | number or other means of access to a credit account or |
25 | | deposit account, or a driver's license or State |
26 | | identification card used to access a proprietary account, |
|
| | HB4530 | - 164 - | LRB102 21798 RLC 30918 b |
|
|
1 | | other than access originated solely by a paper instrument, |
2 | | that can be used alone or in conjunction with another |
3 | | access device, for any of the following purposes: |
4 | | (A) Obtaining money, cash refund or credit |
5 | | account, credit, goods, services, or any other thing |
6 | | of value. |
7 | | (B) Certifying or guaranteeing to a person or |
8 | | business the availability to the device holder of |
9 | | funds on deposit to honor a draft or check payable to |
10 | | the order of that person or business. |
11 | | (C) Providing the device holder access to a |
12 | | deposit account for the purpose of making deposits, |
13 | | withdrawing funds, transferring funds between deposit |
14 | | accounts, obtaining information pertaining to a |
15 | | deposit account, or making an electronic funds |
16 | | transfer. |
17 | | "Full retail value" means the merchant's stated or |
18 | | advertised price of the merchandise. "Full
retail value" |
19 | | includes the aggregate value of property obtained
from retail |
20 | | thefts committed by the same person as part of a
continuing |
21 | | course of conduct from one or more mercantile
establishments |
22 | | in a single transaction or in separate
transactions over a |
23 | | period of one year. |
24 | | "Internet" means an interactive computer service or system |
25 | | or an information service, system, or access software provider |
26 | | that provides or enables computer access by multiple users to |
|
| | HB4530 | - 165 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a computer server, and includes, but is not limited to, an |
2 | | information service, system, or access software provider that |
3 | | provides access to a network system commonly known as the |
4 | | Internet, or any comparable system or service and also |
5 | | includes, but is not limited to, a World Wide Web page, |
6 | | newsgroup, message board, mailing list, or chat area on any |
7 | | interactive computer service or system or other online |
8 | | service. |
9 | | "Library card" means a card or plate issued by a library |
10 | | facility for purposes of identifying the person to whom the |
11 | | library card was issued as authorized to borrow library |
12 | | material, subject to all limitations and conditions imposed on |
13 | | the borrowing by the library facility issuing such card. |
14 | | "Library facility" includes any public library or museum, |
15 | | or any library or museum of an educational, historical or |
16 | | eleemosynary institution, organization or society. |
17 | | "Library material" includes any book, plate, picture, |
18 | | photograph, engraving, painting, sculpture, statue, artifact, |
19 | | drawing, map, newspaper, pamphlet, broadside, magazine, |
20 | | manuscript, document, letter, microfilm, sound recording, |
21 | | audiovisual material, magnetic or other tape, electronic data |
22 | | processing record or other documentary, written or printed |
23 | | material regardless of physical form or characteristics, or |
24 | | any part thereof, belonging to, or on loan to or otherwise in |
25 | | the custody of a library facility. |
26 | | "Manufacture or assembly of an unlawful access device" |
|
| | HB4530 | - 166 - | LRB102 21798 RLC 30918 b |
|
|
1 | | means to make, produce or assemble an unlawful access device |
2 | | or to modify, alter, program or re-program any instrument, |
3 | | device, machine, equipment or software so that it is capable |
4 | | of defeating or circumventing any technology, device or |
5 | | software used by the provider, owner or licensee of a |
6 | | communication service or of any data, audio or video programs |
7 | | or transmissions to protect any such communication, data, |
8 | | audio or video services, programs or transmissions from |
9 | | unauthorized access, acquisition, disclosure, receipt, |
10 | | decryption, communication, transmission or re-transmission. |
11 | | "Manufacture or assembly of an unlawful communication |
12 | | device" means to make, produce or assemble an unlawful |
13 | | communication or wireless device or to modify, alter, program |
14 | | or reprogram a communication or wireless device to be capable |
15 | | of acquiring, disrupting, receiving, transmitting, decrypting, |
16 | | or facilitating the acquisition, disruption, receipt, |
17 | | transmission or decryption of, a communication service without |
18 | | the express consent or express authorization of the |
19 | | communication service provider, or to knowingly assist others |
20 | | in those activities. |
21 | | "Master sound recording" means the original physical |
22 | | object on which a given set of sounds were first recorded and |
23 | | which the original object from which all subsequent sound |
24 | | recordings embodying the same set of sounds are directly or |
25 | | indirectly derived. |
26 | | "Merchandise" means any item of tangible personal |
|
| | HB4530 | - 167 - | LRB102 21798 RLC 30918 b |
|
|
1 | | property, including motor fuel. |
2 | | "Merchant" means an owner or operator of any retail |
3 | | mercantile establishment or any agent, employee, lessee, |
4 | | consignee, officer, director, franchisee, or independent |
5 | | contractor of the owner or operator. "Merchant" also means a |
6 | | person who receives from an authorized user of a payment card, |
7 | | or someone the person believes to be an authorized user, a |
8 | | payment card or information from a payment card, or what the |
9 | | person believes to be a payment card or information from a |
10 | | payment card, as the instrument for obtaining, purchasing or |
11 | | receiving goods, services, money, or anything else of value |
12 | | from the person. |
13 | | "Motor fuel" means a liquid, regardless of its properties, |
14 | | used to propel a vehicle, including gasoline and diesel. |
15 | | "Online" means the use of any electronic or wireless |
16 | | device to access the Internet. |
17 | | "Payment card" means a credit card, charge card, debit |
18 | | card, or any other card that is issued to an authorized card |
19 | | user and that allows the user to obtain, purchase, or receive |
20 | | goods, services, money, or anything else of value from a |
21 | | merchant. |
22 | | "Person with a disability" means a person who
suffers from |
23 | | a physical or mental impairment resulting from
disease, |
24 | | injury, functional disorder or congenital condition that |
25 | | impairs the
individual's mental or physical ability to |
26 | | independently manage his or her
property or financial |
|
| | HB4530 | - 168 - | LRB102 21798 RLC 30918 b |
|
|
1 | | resources, or both. |
2 | | "Personal identification document" means a birth |
3 | | certificate, a driver's license, a State identification card, |
4 | | a public, government, or private employment identification |
5 | | card, a social security card, a license issued under the |
6 | | Firearm Concealed Carry Act firearm owner's identification |
7 | | card , a credit card, a debit card, or a passport issued to or |
8 | | on behalf of a person other than the offender, or any document |
9 | | made or issued, or falsely purported to have been made or |
10 | | issued, by or under the authority of the United States |
11 | | Government, the State of Illinois, or any other state |
12 | | political subdivision of any state, or any other governmental |
13 | | or quasi-governmental organization that is of a type intended |
14 | | for the purpose of identification of an individual, or any |
15 | | such document made or altered in a manner that it falsely |
16 | | purports to have been made on behalf of or issued to another |
17 | | person or by the authority of one who did not give that |
18 | | authority. |
19 | | "Personal identifying information" means any of the |
20 | | following information: |
21 | | (1) A person's name. |
22 | | (2) A person's address. |
23 | | (3) A person's date of birth. |
24 | | (4) A person's telephone number. |
25 | | (5) A person's driver's license number or State of |
26 | | Illinois identification card as assigned by the Secretary |
|
| | HB4530 | - 169 - | LRB102 21798 RLC 30918 b |
|
|
1 | | of State of the State of Illinois or a similar agency of |
2 | | another state. |
3 | | (6) A person's social security number. |
4 | | (7) A person's public, private, or government |
5 | | employer, place of employment, or employment |
6 | | identification number. |
7 | | (8) The maiden name of a person's mother. |
8 | | (9) The number assigned to a person's depository |
9 | | account, savings account, or brokerage account. |
10 | | (10) The number assigned to a person's credit or debit |
11 | | card, commonly known as a "Visa Card", "MasterCard", |
12 | | "American Express Card", "Discover Card", or other similar |
13 | | cards whether issued by a financial institution, |
14 | | corporation, or business entity. |
15 | | (11) Personal identification numbers. |
16 | | (12) Electronic identification numbers. |
17 | | (13) Digital signals. |
18 | | (14) User names, passwords, and any other word, |
19 | | number, character or combination of the same usable in |
20 | | whole or part to access information relating to a specific |
21 | | individual, or to the actions taken, communications made |
22 | | or received, or other activities or transactions of a |
23 | | specific individual. |
24 | | (15) Any other numbers or information which can be |
25 | | used to access a person's financial resources, or to |
26 | | identify a specific individual, or the actions taken, |
|
| | HB4530 | - 170 - | LRB102 21798 RLC 30918 b |
|
|
1 | | communications made or received, or other activities or |
2 | | transactions of a specific individual. |
3 | | "Premises of a retail mercantile establishment" includes, |
4 | | but is not limited to, the retail mercantile establishment; |
5 | | any common use areas in shopping centers; and all parking |
6 | | areas set aside by a merchant or on behalf of a merchant for |
7 | | the parking of vehicles for the convenience of the patrons of |
8 | | such retail mercantile establishment. |
9 | | "Public water, gas, or power supply, or other public |
10 | | services" mean any service subject to regulation by the |
11 | | Illinois Commerce Commission; any service furnished by a |
12 | | public utility that is owned and operated by any political |
13 | | subdivision, public institution of higher education or |
14 | | municipal corporation of this State; any service furnished by |
15 | | any public utility that is owned by such political |
16 | | subdivision, public institution of higher education, or |
17 | | municipal corporation and operated by any of its lessees or |
18 | | operating agents; any service furnished by an electric |
19 | | cooperative as defined in Section 3.4 of the Electric Supplier |
20 | | Act; or wireless service or other service regulated by the |
21 | | Federal Communications Commission. |
22 | | "Publish" means to communicate or disseminate information |
23 | | to any one or more persons, either orally, in person, or by |
24 | | telephone, radio or television or in writing of any kind, |
25 | | including, without limitation, a letter or memorandum, |
26 | | circular or handbill, newspaper or magazine article or book. |
|
| | HB4530 | - 171 - | LRB102 21798 RLC 30918 b |
|
|
1 | | "Radio frequency identification device" means any |
2 | | implement, computer file, computer disc, electronic device, |
3 | | computer hardware, computer software, or instrument that is |
4 | | used to activate, read, receive, or decode information stored |
5 | | on a RFID tag or transponder attached to a personal |
6 | | identification document. |
7 | | "RFID tag or transponder" means a chip or device that |
8 | | contains personal identifying information from which the |
9 | | personal identifying information can be read or decoded by |
10 | | another device emitting a radio frequency that activates or |
11 | | powers a radio frequency emission response from the chip or |
12 | | transponder. |
13 | | "Reencoder" means an electronic device that places encoded |
14 | | information from the magnetic strip or stripe of a payment |
15 | | card onto the magnetic strip or stripe of a different payment |
16 | | card. |
17 | | "Retail mercantile establishment" means any place where |
18 | | merchandise is displayed, held, stored or offered for sale to |
19 | | the public. |
20 | | "Scanning device" means a scanner, reader, or any other |
21 | | electronic device that is used to access, read, scan, obtain, |
22 | | memorize, or store, temporarily or permanently, information |
23 | | encoded on the magnetic strip or stripe of a payment card. |
24 | | "Shopping cart" means those push carts of the type or |
25 | | types which are commonly provided by grocery stores, drug |
26 | | stores or other retail mercantile establishments for the use |
|
| | HB4530 | - 172 - | LRB102 21798 RLC 30918 b |
|
|
1 | | of the public in transporting commodities in stores and |
2 | | markets and, incidentally, from the stores to a place outside |
3 | | the store. |
4 | | "Sound or audio visual recording" means any sound or audio |
5 | | visual phonograph record, disc, pre-recorded tape, film, wire, |
6 | | magnetic tape or other object, device or medium, now known or |
7 | | hereafter invented, by which sounds or images may be |
8 | | reproduced with or without the use of any additional machine, |
9 | | equipment or device. |
10 | | "Theft detection device remover" means any tool or device |
11 | | specifically designed and intended to be used to remove any |
12 | | theft detection device from any merchandise. |
13 | | "Under-ring" means to cause the cash register or other |
14 | | sales recording device to reflect less than the full retail |
15 | | value of the merchandise. |
16 | | "Unidentified sound or audio visual recording" means a |
17 | | sound or audio visual recording without the actual name and |
18 | | full and correct street address of the manufacturer, and the |
19 | | name of the actual performers or groups prominently and |
20 | | legibly printed on the outside cover or jacket and on the label |
21 | | of such sound or audio visual recording. |
22 | | "Unlawful access device" means any type of instrument, |
23 | | device, machine, equipment, technology, or software which is |
24 | | primarily possessed, used, designed, assembled, manufactured, |
25 | | sold, distributed or offered, promoted or advertised for the |
26 | | purpose of defeating or circumventing any technology, device |
|
| | HB4530 | - 173 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or software, or any component or part thereof, used by the |
2 | | provider, owner or licensee of any communication service or of |
3 | | any data, audio or video programs or transmissions to protect |
4 | | any such communication, audio or video services, programs or |
5 | | transmissions from unauthorized access, acquisition, receipt, |
6 | | decryption, disclosure, communication, transmission or |
7 | | re-transmission. |
8 | | "Unlawful communication device" means any electronic |
9 | | serial number, mobile identification number, personal |
10 | | identification number or any communication or wireless device |
11 | | that is capable of acquiring or facilitating the acquisition |
12 | | of a communication service without the express consent or |
13 | | express authorization of the communication service provider, |
14 | | or that has been altered, modified, programmed or |
15 | | reprogrammed, alone or in conjunction with another |
16 | | communication or wireless device or other equipment, to so |
17 | | acquire or facilitate the unauthorized acquisition of a |
18 | | communication service. "Unlawful communication device" also |
19 | | means: |
20 | | (1) any phone altered to obtain service without the |
21 | | express consent or express authorization of the |
22 | | communication service provider, tumbler phone, counterfeit |
23 | | or clone phone, tumbler microchip, counterfeit or clone |
24 | | microchip, scanning receiver of wireless communication |
25 | | service or other instrument capable of disguising its |
26 | | identity or location or of gaining unauthorized access to |
|
| | HB4530 | - 174 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a communications or wireless system operated by a |
2 | | communication service provider; and |
3 | | (2) any communication or wireless device which is |
4 | | capable of, or has been altered, designed, modified, |
5 | | programmed or reprogrammed, alone or in conjunction with |
6 | | another communication or wireless device or devices, so as |
7 | | to be capable of, facilitating the disruption, |
8 | | acquisition, receipt, transmission or decryption of a |
9 | | communication service without the express consent or |
10 | | express authorization of the communication service |
11 | | provider, including, but not limited to, any device, |
12 | | technology, product, service, equipment, computer software |
13 | | or component or part thereof, primarily distributed, sold, |
14 | | designed, assembled, manufactured, modified, programmed, |
15 | | reprogrammed or used for the purpose of providing the |
16 | | unauthorized receipt of, transmission of, disruption of, |
17 | | decryption of, access to or acquisition of any |
18 | | communication service provided by any communication |
19 | | service provider. |
20 | | "Vehicle" means a motor vehicle, motorcycle, or farm |
21 | | implement that is self-propelled and that uses motor fuel for |
22 | | propulsion. |
23 | | "Wireless device" includes any type of instrument, device, |
24 | | machine, or
equipment that is capable of transmitting or |
25 | | receiving telephonic, electronic
or
radio communications, or |
26 | | any part of such instrument, device, machine, or
equipment, or |
|
| | HB4530 | - 175 - | LRB102 21798 RLC 30918 b |
|
|
1 | | any computer circuit, computer chip, electronic mechanism, or
|
2 | | other component that is capable of facilitating the |
3 | | transmission or reception
of telephonic, electronic, or radio |
4 | | communications.
|
5 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. |
6 | | 1-1-12; 97-1109, eff. 1-1-13.)
|
7 | | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
|
8 | | Sec. 17-30. Defaced, altered, or removed manufacturer or |
9 | | owner identification number. |
10 | | (a) Unlawful sale of household appliances. A person |
11 | | commits unlawful
sale of household
appliances when he or she |
12 | | knowingly, with the intent to defraud or deceive
another, |
13 | | keeps for sale, within any commercial
context, any household |
14 | | appliance with a missing, defaced, obliterated, or
otherwise |
15 | | altered manufacturer's identification number.
|
16 | | (b) Construction equipment identification defacement. A |
17 | | person commits construction equipment identification |
18 | | defacement when he or she knowingly changes,
alters, removes, |
19 | | mutilates, or
obliterates a permanently affixed serial number, |
20 | | product identification number,
part number, component |
21 | | identification number, owner-applied identification,
or other |
22 | | mark of identification attached to or stamped, inscribed, |
23 | | molded,
or etched into a machine or other equipment, whether |
24 | | stationary or mobile
or self-propelled, or a part of such |
25 | | machine or equipment, used in the construction,
maintenance, |
|
| | HB4530 | - 176 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or demolition of buildings, structures, bridges, tunnels, |
2 | | sewers,
utility pipes or lines, ditches or open cuts, roads, |
3 | | highways, dams, airports,
or waterways or in material handling |
4 | | for such projects. |
5 | | The trier of fact may infer that the defendant has |
6 | | knowingly changed, altered, removed, or obliterated the serial |
7 | | number, product identification number, part number, component |
8 | | identification number, owner-applied identification number, or |
9 | | other mark of identification, if the defendant was in |
10 | | possession of any machine or other equipment or a part of such |
11 | | machine
or equipment used in the construction, maintenance, or |
12 | | demolition of buildings,
structures, bridges, tunnels, sewers, |
13 | | utility pipes or lines, ditches or
open cuts, roads, highways, |
14 | | dams, airports, or waterways or in material handling
for such |
15 | | projects upon which any such serial number, product |
16 | | identification
number, part number, component identification |
17 | | number, owner-applied identification
number, or other mark of |
18 | | identification has been changed, altered,
removed, or |
19 | | obliterated. |
20 | | (c) Defacement of manufacturer's serial number or |
21 | | identification mark. A person commits defacement of a |
22 | | manufacturer's serial number or identification mark when he or |
23 | | she knowingly removes, alters, defaces, covers, or destroys |
24 | | the
manufacturer's serial number or any other manufacturer's |
25 | | number or
distinguishing identification mark upon any machine |
26 | | or other article of
merchandise, other than a motor vehicle as |
|
| | HB4530 | - 177 - | LRB102 21798 RLC 30918 b |
|
|
1 | | defined in Section 1-146 of the
Illinois Vehicle Code or a |
2 | | firearm as defined in the Firearm Owners Identification Card |
3 | | Act , with the intent of concealing or destroying the
identity |
4 | | of such machine or other article of merchandise. |
5 | | (d) Sentence. |
6 | | (1) A violation of subsection (a) of this Section is a |
7 | | Class 4 felony if the value
of the appliance or appliances |
8 | | exceeds $1,000 and a Class B misdemeanor if
the value of |
9 | | the appliance or appliances is $1,000 or less.
|
10 | | (2) A violation of subsection (b) of this Section is a |
11 | | Class A misdemeanor. |
12 | | (3) A violation of subsection (c) of this Section is a |
13 | | Class B misdemeanor. |
14 | | (e) No liability shall be imposed upon any person for the |
15 | | unintentional
failure to comply with subsection (a).
|
16 | | (f) Definitions. In this Section: |
17 | | "Commercial context" means a continuing business |
18 | | enterprise conducted
for profit by any person whose primary |
19 | | business is the wholesale or retail
marketing of household |
20 | | appliances, or a significant portion of whose business
or |
21 | | inventory consists of household appliances
kept or sold on a |
22 | | wholesale or retail basis. |
23 | | "Household appliance" means any gas or electric device or |
24 | | machine
marketed for use as home entertainment or for |
25 | | facilitating or expediting
household tasks or chores. The term |
26 | | shall include but not necessarily be
limited to refrigerators, |
|
| | HB4530 | - 178 - | LRB102 21798 RLC 30918 b |
|
|
1 | | freezers, ranges, radios, television sets, vacuum
cleaners, |
2 | | toasters, dishwashers, and other similar household items. |
3 | | "Manufacturer's identification number" means any serial |
4 | | number or
other similar numerical or alphabetical designation |
5 | | imprinted upon or attached
to or placed, stamped, or otherwise |
6 | | imprinted upon or attached to a household
appliance or item by |
7 | | the manufacturer for purposes of identifying a particular
|
8 | | appliance or item individually or by lot number. |
9 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
10 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
11 | | Sec. 24-1. Unlawful use of weapons.
|
12 | | (a) A person commits the offense of unlawful use of |
13 | | weapons when
he knowingly:
|
14 | | (1) Sells, manufactures, purchases, possesses or |
15 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
16 | | sand-bag, metal knuckles or other knuckle weapon |
17 | | regardless of its composition, throwing star,
or any |
18 | | knife, commonly referred to as a switchblade knife, which |
19 | | has a
blade that opens automatically by hand pressure |
20 | | applied to a button,
spring or other device in the handle |
21 | | of the knife, or a ballistic knife,
which is a device that |
22 | | propels a knifelike blade as a projectile by means
of a |
23 | | coil spring, elastic material or compressed gas; or
|
24 | | (2) Carries or possesses with intent to use the same |
25 | | unlawfully
against another, a dagger, dirk, billy, |
|
| | HB4530 | - 179 - | LRB102 21798 RLC 30918 b |
|
|
1 | | dangerous knife, razor,
stiletto, broken bottle or other |
2 | | piece of glass, stun gun or taser or
any other dangerous or |
3 | | deadly weapon or instrument of like character; or
|
4 | | (2.5) Carries or possesses with intent to use the same |
5 | | unlawfully against another, any firearm in a church, |
6 | | synagogue, mosque, or other building, structure, or place |
7 | | used for religious worship; or |
8 | | (3) Carries on or about his person or in any vehicle, a |
9 | | tear gas gun
projector or bomb or any object containing |
10 | | noxious liquid gas or
substance, other than an object |
11 | | containing a non-lethal noxious liquid gas
or substance |
12 | | designed solely for personal defense carried by a person |
13 | | 18
years of age or older; or
|
14 | | (4) Carries or possesses in any vehicle or concealed |
15 | | on or about his
person except when on his land or in his |
16 | | own abode, legal dwelling, or fixed place of
business, or |
17 | | on the land or in the legal dwelling of another person as |
18 | | an invitee with that person's permission, any pistol, |
19 | | revolver, stun gun or taser or other firearm, except
that
|
20 | | this subsection (a) (4) does not apply to or affect |
21 | | transportation of weapons
that meet one of the following |
22 | | 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 |
|
| | HB4530 | - 180 - | LRB102 21798 RLC 30918 b |
|
|
1 | | person eligible under State and federal law to possess |
2 | | a firearm who has been issued a currently
valid |
3 | | Firearm 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 |
7 | | Firearm Concealed Carry Act; or
|
8 | | (5) Sets a spring gun; or
|
9 | | (6) Possesses any device or attachment of any kind |
10 | | designed, used or
intended for use in silencing the report |
11 | | of any firearm; or
|
12 | | (7) Sells, manufactures, purchases, possesses or |
13 | | carries:
|
14 | | (i) a machine gun, which shall be defined for the |
15 | | purposes of this
subsection as any weapon,
which |
16 | | shoots, is designed to shoot, or can be readily |
17 | | restored to shoot,
automatically more than one shot |
18 | | without manually reloading by a single
function of the |
19 | | trigger, including the frame or receiver
of any such |
20 | | weapon, or sells, manufactures, purchases, possesses, |
21 | | or
carries any combination of parts designed or |
22 | | intended for
use in converting any weapon into a |
23 | | machine gun, or any combination or
parts from which a |
24 | | machine gun can be assembled if such parts are in the
|
25 | | possession or under the control of a person;
|
26 | | (ii) any rifle having one or
more barrels less |
|
| | HB4530 | - 181 - | LRB102 21798 RLC 30918 b |
|
|
1 | | than 16 inches in length or a shotgun having one or |
2 | | more
barrels less than 18 inches in length or any |
3 | | weapon made from a rifle or
shotgun, whether by |
4 | | alteration, modification, or otherwise, if such a |
5 | | weapon
as modified has an overall length of less than |
6 | | 26 inches; or
|
7 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
8 | | other container containing an
explosive substance of |
9 | | over one-quarter ounce for like purposes, such
as, but |
10 | | not limited to, black powder bombs and Molotov |
11 | | cocktails or
artillery projectiles; or
|
12 | | (8) Carries or possesses any firearm, stun gun or |
13 | | taser or other
deadly weapon in any place which is |
14 | | licensed to sell intoxicating
beverages, or at any public |
15 | | gathering held pursuant to a license issued
by any |
16 | | governmental body or any public gathering at which an |
17 | | admission
is charged, excluding a place where a showing, |
18 | | demonstration or lecture
involving the exhibition of |
19 | | unloaded firearms is conducted.
|
20 | | This subsection (a)(8) does not apply to any auction |
21 | | or raffle of a firearm
held pursuant to
a license or permit |
22 | | issued by a governmental body, nor does it apply to |
23 | | persons
engaged
in firearm safety training courses; or
|
24 | | (9) Carries or possesses in a vehicle or on or about |
25 | | his or her person any
pistol, revolver, stun gun or taser |
26 | | or firearm or ballistic knife, when
he or she is hooded, |
|
| | HB4530 | - 182 - | LRB102 21798 RLC 30918 b |
|
|
1 | | robed or masked in such manner as to conceal his or her |
2 | | identity; or
|
3 | | (10) Carries or possesses on or about his or her |
4 | | person, upon any public street,
alley, or other public |
5 | | lands within the corporate limits of a city, village,
or |
6 | | incorporated town, except when an invitee thereon or |
7 | | therein, for the
purpose of the display of such weapon or |
8 | | the lawful commerce in weapons, or
except when on his land |
9 | | or in his or her own abode, legal dwelling, or fixed place |
10 | | of business, or on the land or in the legal dwelling of |
11 | | another person as an invitee with that person's |
12 | | permission, any
pistol, revolver, stun gun, or taser or |
13 | | other firearm, except that this
subsection (a) (10) does |
14 | | not apply to or affect transportation of weapons that
meet |
15 | | one of the following conditions:
|
16 | | (i) are broken down in a non-functioning state; or
|
17 | | (ii) are not immediately accessible; or
|
18 | | (iii) are unloaded and enclosed in a case, firearm |
19 | | carrying box,
shipping box, or other container by a |
20 | | person who has been eligible under State and federal |
21 | | law to possess a firearm issued a currently
valid |
22 | | Firearm Owner's
Identification Card ; or
|
23 | | (iv) are carried or possessed in accordance with |
24 | | the Firearm Concealed Carry Act by a person who has |
25 | | been issued a currently valid license under the |
26 | | Firearm Concealed Carry Act. |
|
| | HB4530 | - 183 - | LRB102 21798 RLC 30918 b |
|
|
1 | | A "stun gun or taser", as used in this paragraph (a) |
2 | | means (i) any device
which is powered by electrical |
3 | | charging units, such as, batteries, and
which fires one or |
4 | | several barbs attached to a length of wire and
which, upon |
5 | | hitting a human, can send out a current capable of |
6 | | disrupting
the person's nervous system in such a manner as |
7 | | to render him incapable of
normal functioning or (ii) any |
8 | | device which is powered by electrical
charging units, such |
9 | | as batteries, and which, upon contact with a human or
|
10 | | clothing worn by a human, can send out current capable of |
11 | | disrupting
the person's nervous system in such a manner as |
12 | | to render him incapable
of normal functioning; or
|
13 | | (11) Sells, manufactures, or purchases any explosive |
14 | | bullet. For purposes
of this paragraph (a) "explosive |
15 | | bullet" means the projectile portion of
an ammunition |
16 | | cartridge which contains or carries an explosive charge |
17 | | which
will explode upon contact with the flesh of a human |
18 | | or an animal.
"Cartridge" means a tubular metal case |
19 | | having a projectile affixed at the
front thereof and a cap |
20 | | or primer at the rear end thereof, with the
propellant |
21 | | contained in such tube between the projectile and the cap; |
22 | | or
|
23 | | (12) (Blank); or
|
24 | | (13) Carries or possesses on or about his or her |
25 | | person while in a building occupied by a unit of |
26 | | government, a billy club, other weapon of like character, |
|
| | HB4530 | - 184 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or other instrument of like character intended for use as |
2 | | a weapon. For the purposes of this Section, "billy club" |
3 | | means a short stick or club commonly carried by police |
4 | | officers which is either telescopic or constructed of a |
5 | | solid piece of wood or other man-made material. |
6 | | (b) Sentence. A person convicted of a violation of |
7 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
8 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
9 | | Class A
misdemeanor.
A person convicted of a violation of |
10 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; |
11 | | a person
convicted of a violation of subsection 24-1(a)(6) or |
12 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
13 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
14 | | Class 2 felony and shall be sentenced to a term of imprisonment |
15 | | of not less than 3 years and not more than 7 years, unless the |
16 | | weapon is possessed in the
passenger compartment of a motor |
17 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
18 | | Code, or on the person, while the weapon is loaded, in which
|
19 | | case it shall be a Class X felony. A person convicted of a
|
20 | | second or subsequent violation of subsection 24-1(a)(4), |
21 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
22 | | felony. A person convicted of a violation of subsection |
23 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each |
24 | | weapon in violation of this Section constitutes a single and |
25 | | separate violation.
|
26 | | (c) Violations in specific places.
|
|
| | HB4530 | - 185 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) A person who violates subsection 24-1(a)(6) or |
2 | | 24-1(a)(7) in any
school, regardless of the time of day or |
3 | | the time of year, in residential
property owned, operated |
4 | | or managed by a public housing agency or
leased by
a public |
5 | | housing agency as part of a scattered site or mixed-income
|
6 | | development, in a
public park, in a courthouse, on the |
7 | | real property comprising any school,
regardless of the
|
8 | | time of day or the time of year, on residential property |
9 | | owned, operated
or
managed by a public housing agency
or |
10 | | leased by a public housing agency as part of a scattered |
11 | | site or
mixed-income development,
on the real property |
12 | | comprising any
public park, on the real property |
13 | | comprising any courthouse, in any conveyance
owned, leased |
14 | | or contracted by a school to
transport students to or from |
15 | | school or a school related activity, in any conveyance
|
16 | | owned, leased, or contracted by a public transportation |
17 | | agency, or on any
public way within 1,000 feet of the real |
18 | | property comprising any school,
public park, courthouse, |
19 | | public transportation facility, or residential property |
20 | | owned, operated, or managed
by a public housing agency
or |
21 | | leased by a public housing agency as part of a scattered |
22 | | site or
mixed-income development
commits a Class 2 felony |
23 | | and shall be sentenced to a term of imprisonment of not |
24 | | less than 3 years and not more than 7 years.
|
25 | | (1.5) A person who violates subsection 24-1(a)(4), |
26 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of |
|
| | HB4530 | - 186 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the time of day or the time of year,
in residential |
2 | | property owned, operated, or managed by a public
housing
|
3 | | agency
or leased by a public housing agency as part of a |
4 | | scattered site or
mixed-income development,
in
a public
|
5 | | park, in a courthouse, on the real property comprising any |
6 | | school, regardless
of the time of day or the time of year, |
7 | | on residential property owned,
operated, or managed by a |
8 | | public housing agency
or leased by a public housing agency |
9 | | as part of a scattered site or
mixed-income development,
|
10 | | on the real property
comprising any public park, on the |
11 | | real property comprising any courthouse, in
any conveyance |
12 | | owned, leased, or contracted by a school to transport |
13 | | students
to or from school or a school related activity, |
14 | | in any conveyance
owned, leased, or contracted by a public |
15 | | transportation agency, or on any public way within
1,000 |
16 | | feet of the real property comprising any school, public |
17 | | park, courthouse,
public transportation facility, or |
18 | | residential property owned, operated, or managed by a |
19 | | public
housing agency
or leased by a public housing agency |
20 | | as part of a scattered site or
mixed-income development
|
21 | | commits a Class 3 felony.
|
22 | | (2) A person who violates subsection 24-1(a)(1), |
23 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
24 | | time of day or the time of year, in
residential property |
25 | | owned, operated or managed by a public housing
agency
or |
26 | | leased by a public housing agency as part of a scattered |
|
| | HB4530 | - 187 - | LRB102 21798 RLC 30918 b |
|
|
1 | | site or
mixed-income development,
in
a public park, in a |
2 | | courthouse, on the real property comprising any school,
|
3 | | regardless of the time of day or the time of year, on |
4 | | residential property
owned, operated or managed by a |
5 | | public housing agency
or leased by a public housing agency |
6 | | as part of a scattered site or
mixed-income development,
|
7 | | on the real property
comprising any public park, on the |
8 | | real property comprising any courthouse, in
any conveyance |
9 | | owned, leased or contracted by a school to transport |
10 | | students
to or from school or a school related activity, |
11 | | in any conveyance
owned, leased, or contracted by a public |
12 | | transportation agency, or on any public way within
1,000 |
13 | | feet of the real property comprising any school, public |
14 | | park, courthouse,
public transportation facility, or |
15 | | residential property owned, operated, or managed by a |
16 | | public
housing agency or leased by a public housing agency |
17 | | as part of a scattered
site or mixed-income development |
18 | | commits a Class 4 felony. "Courthouse"
means any building |
19 | | that is used by the Circuit, Appellate, or Supreme Court |
20 | | of
this State for the conduct of official business.
|
21 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
22 | | (c) shall not
apply to law
enforcement officers or |
23 | | security officers of such school, college, or
university |
24 | | or to students carrying or possessing firearms for use in |
25 | | training
courses, parades, hunting, target shooting on |
26 | | school ranges, or otherwise with
the consent of school |
|
| | HB4530 | - 188 - | LRB102 21798 RLC 30918 b |
|
|
1 | | authorities and which firearms are transported unloaded
|
2 | | enclosed in a suitable case, box, or transportation |
3 | | package.
|
4 | | (4) For the purposes of this subsection (c), "school" |
5 | | means any public or
private elementary or secondary |
6 | | school, community college, college, or
university.
|
7 | | (5) For the purposes of this subsection (c), "public |
8 | | transportation agency" means a public or private agency |
9 | | that provides for the transportation or conveyance of
|
10 | | persons by means available to the general public, except |
11 | | for transportation
by automobiles not used for conveyance |
12 | | of the general public as passengers; and "public |
13 | | transportation facility" means a terminal or other place
|
14 | | where one may obtain public transportation.
|
15 | | (d) The presence in an automobile other than a public |
16 | | omnibus of any
weapon, instrument or substance referred to in |
17 | | subsection (a)(7) is
prima facie evidence that it is in the |
18 | | possession of, and is being
carried by, all persons occupying |
19 | | such automobile at the time such
weapon, instrument or |
20 | | substance is found, except under the following
circumstances: |
21 | | (i) if such weapon, instrument or instrumentality is
found |
22 | | upon the person of one of the occupants therein; or (ii) if |
23 | | such
weapon, instrument or substance is found in an automobile |
24 | | operated for
hire by a duly licensed driver in the due, lawful |
25 | | and proper pursuit of
his or her trade, then such presumption |
26 | | shall not apply to the driver.
|
|
| | HB4530 | - 189 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (e) Exemptions. |
2 | | (1) Crossbows, Common or Compound bows and Underwater
|
3 | | Spearguns are exempted from the definition of ballistic |
4 | | knife as defined in
paragraph (1) of subsection (a) of |
5 | | this Section. |
6 | | (2) The provision of paragraph (1) of subsection (a) |
7 | | of this Section prohibiting the sale, manufacture, |
8 | | purchase, possession, or carrying of any knife, commonly |
9 | | referred to as a switchblade knife, which has a
blade that |
10 | | opens automatically by hand pressure applied to a button,
|
11 | | spring or other device in the handle of the knife, does not |
12 | | apply to a person eligible under State and federal law to |
13 | | possess a firearm who possesses a currently valid Firearm |
14 | | Owner's Identification Card previously issued in his or |
15 | | her name by the Illinois State Police or to a person or an |
16 | | entity engaged in the business of selling or manufacturing |
17 | | switchblade knives.
|
18 | | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
19 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
20 | | Sec. 24-1.1. Unlawful use or possession of weapons by |
21 | | felons or
persons in the custody of the
Department of |
22 | | Corrections facilities. |
23 | | (a) It is unlawful
for a person to knowingly possess on or |
24 | | about his person or on his land or
in his own abode or fixed |
25 | | place of business any weapon prohibited under
Section 24-1 of |
|
| | HB4530 | - 190 - | LRB102 21798 RLC 30918 b |
|
|
1 | | this Act or any firearm or any firearm ammunition if the
person |
2 | | has been convicted of a felony under the laws of this State or |
3 | | any
other jurisdiction. This Section shall not apply if the |
4 | | person has been
granted relief under this subsection by the |
5 | | Director of the Illinois State Police
under Section 10 of the |
6 | | Firearm Owners Identification
Card Act . A person prohibited |
7 | | from possessing a firearm under this subsection (a) may |
8 | | petition the Director of the Illinois State Police for a |
9 | | hearing and relief from the prohibition, unless the |
10 | | prohibition was based upon a forcible felony, stalking, |
11 | | aggravated stalking, domestic battery, any violation of the |
12 | | Illinois Controlled Substances Act, the Methamphetamine |
13 | | Control and Community Protection Act, or the Cannabis Control |
14 | | Act that is classified as a Class 2 or greater felony, any |
15 | | felony violation of Article 24 of the Criminal Code of 1961 or |
16 | | the Criminal Code of 2012, or any adjudication as a delinquent |
17 | | minor for the commission of an offense that if committed by an |
18 | | adult would be a felony, in which case the person may petition |
19 | | the circuit court in writing in the county of his or her |
20 | | residence for a hearing and relief from the prohibition. The |
21 | | Director or court may grant the relief if it is established by |
22 | | the petitioner to the court's or Director's satisfaction that:
|
23 | | (1) when in the circuit court, the State's Attorney |
24 | | has been served with a written copy of the petition at |
25 | | least 30 days before any hearing in the circuit court and |
26 | | at the hearing the State's Attorney was afforded an |
|
| | HB4530 | - 191 - | LRB102 21798 RLC 30918 b |
|
|
1 | | opportunity to present evidence and object to the |
2 | | petition; |
3 | | (2) the petitioner has not been convicted of a
|
4 | | forcible felony under the laws of this State or any other |
5 | | jurisdiction within 20 years of the filing of the |
6 | | petition, or at least 20 years have passed since the end of |
7 | | any period of imprisonment imposed in relation to that |
8 | | conviction; |
9 | | (3) the circumstances regarding a criminal
conviction, |
10 | | where applicable, the petitioner's criminal history and |
11 | | his or her reputation are such that the petitioner will |
12 | | not be likely to act in a manner dangerous to public |
13 | | safety; |
14 | | (4) granting relief would not be contrary to the
|
15 | | public interest; and |
16 | | (5) granting relief would not be contrary to federal
|
17 | | law. |
18 | | (b) It is unlawful for any person confined in a penal |
19 | | institution,
which is a facility of the Illinois Department of |
20 | | Corrections, to possess
any weapon prohibited under Section |
21 | | 24-1 of this Code or any firearm or
firearm ammunition, |
22 | | regardless of the intent with which he possesses it.
|
23 | | (c) It shall be an affirmative defense to a violation of |
24 | | subsection (b), that such possession was specifically |
25 | | authorized by rule,
regulation, or directive of the Illinois |
26 | | Department of Corrections or order
issued pursuant thereto.
|
|
| | HB4530 | - 192 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (d) The defense of necessity is not available to a person |
2 | | who is charged
with a violation of subsection (b) of this |
3 | | Section.
|
4 | | (e) Sentence. Violation of this Section by a person not |
5 | | confined
in a penal institution shall be a Class 3 felony
for |
6 | | which the person shall be sentenced to no less than 2 years and |
7 | | no
more than 10 years. A second or subsequent violation of this |
8 | | Section shall be a Class 2 felony for which the person shall be |
9 | | sentenced to a term of imprisonment of not less than 3 years |
10 | | and not more than 14 years, except as provided for in Section |
11 | | 5-4.5-110 of the Unified Code of Corrections. Violation of |
12 | | this Section by a person not confined in a
penal institution |
13 | | who has been convicted of a forcible felony, a felony
|
14 | | violation of Article 24 of this Code or of the Firearm Owners |
15 | | Identification
Card Act , stalking or aggravated stalking, or a |
16 | | Class 2 or greater felony
under the Illinois Controlled |
17 | | Substances Act, the Cannabis Control Act, or the |
18 | | Methamphetamine Control and Community Protection Act is a
|
19 | | Class 2 felony for which the person
shall be sentenced to not |
20 | | less than 3 years and not more than 14 years, except as |
21 | | provided for in Section 5-4.5-110 of the Unified Code of |
22 | | Corrections.
Violation of this Section by a person who is on |
23 | | parole or mandatory supervised
release is a Class 2 felony for |
24 | | which the person shall be sentenced to not less than 3 years |
25 | | and not more than 14
years, except as provided for in Section |
26 | | 5-4.5-110 of the Unified Code of Corrections. Violation of |
|
| | HB4530 | - 193 - | LRB102 21798 RLC 30918 b |
|
|
1 | | this Section by a person not confined in a penal
institution is |
2 | | a Class X felony when the firearm possessed is a machine gun.
|
3 | | Any person who violates this Section while confined in a penal
|
4 | | institution, which is a facility of the Illinois Department of
|
5 | | Corrections, is guilty of a Class 1
felony, if he possesses any |
6 | | weapon prohibited under Section 24-1 of this
Code regardless |
7 | | of the intent with which he possesses it, a Class X
felony if |
8 | | he possesses any firearm, firearm ammunition or explosive, and |
9 | | a
Class X felony for which the offender shall be sentenced to |
10 | | not less than 12
years and not more than 50 years when the |
11 | | firearm possessed is a machine
gun. A violation of this |
12 | | Section while wearing or in possession of body armor as |
13 | | defined in Section 33F-1 is a Class X felony punishable by a |
14 | | term of imprisonment of not less than 10 years and not more |
15 | | than 40 years.
The possession of each firearm or firearm |
16 | | ammunition in violation of this Section constitutes a single |
17 | | and separate violation.
|
18 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
19 | | (720 ILCS 5/24-1.6) |
20 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
21 | | (a) A person commits the offense of aggravated unlawful |
22 | | use of a weapon when
he or she knowingly: |
23 | | (1) Carries on or about his or her person or in any |
24 | | vehicle or concealed
on or about his or her person except |
25 | | when on his or her land or in his or her
abode, legal |
|
| | HB4530 | - 194 - | LRB102 21798 RLC 30918 b |
|
|
1 | | dwelling, or fixed place of business, or on the land or in |
2 | | the legal dwelling of another person as an invitee with |
3 | | that person's permission, any pistol, revolver, stun gun |
4 | | or taser or
other firearm; or |
5 | | (2) Carries or possesses on or about his or her |
6 | | person, upon any public
street, alley, or other public |
7 | | lands within the corporate limits of a city,
village or |
8 | | incorporated town, except when an invitee thereon or |
9 | | therein, for
the purpose of the display of such weapon or |
10 | | the lawful commerce in weapons, or
except when on his or |
11 | | her own land or in his or her own abode, legal dwelling, or |
12 | | fixed place of
business, or on the land or in the legal |
13 | | dwelling of another person as an invitee with that |
14 | | person's permission, any pistol, revolver, stun gun or |
15 | | taser or other firearm; and |
16 | | (3) One of the following factors is present: |
17 | | (A) the firearm, other than a pistol, revolver, or |
18 | | handgun, possessed was uncased, loaded, and |
19 | | immediately accessible
at the time of the offense; or |
20 | | (A-5) the pistol, revolver, or handgun possessed |
21 | | was uncased, loaded, and immediately accessible
at the |
22 | | time of the offense and the person possessing the |
23 | | pistol, revolver, or handgun has not been issued a |
24 | | currently valid license under the Firearm Concealed |
25 | | Carry Act; or |
26 | | (B) the firearm, other than a pistol, revolver, or |
|
| | HB4530 | - 195 - | LRB102 21798 RLC 30918 b |
|
|
1 | | handgun, possessed was uncased, unloaded, and the |
2 | | ammunition for
the weapon was immediately accessible |
3 | | at the time of the offense; or |
4 | | (B-5) the pistol, revolver, or handgun possessed |
5 | | was uncased, unloaded, and the ammunition for
the |
6 | | weapon was immediately accessible at the time of the |
7 | | offense and the person possessing the pistol, |
8 | | revolver, or handgun has not been issued a currently |
9 | | valid license under the Firearm Concealed Carry Act; |
10 | | or |
11 | | (C) (blank); or the person possessing the firearm |
12 | | has not been issued a currently
valid Firearm Owner's |
13 | | Identification Card; or |
14 | | (D) the person possessing the weapon was |
15 | | previously adjudicated
a delinquent minor under the |
16 | | Juvenile Court Act of 1987 for an act that if
committed |
17 | | by an adult would be a felony; or |
18 | | (E) the person possessing the weapon was engaged |
19 | | in a misdemeanor
violation of the Cannabis
Control |
20 | | Act, in a misdemeanor violation of the Illinois |
21 | | Controlled Substances
Act, or in a misdemeanor |
22 | | violation of the Methamphetamine Control and Community |
23 | | Protection Act; or |
24 | | (F) (blank); or |
25 | | (G) the person possessing the weapon had an order |
26 | | of protection issued
against him or her within the |
|
| | HB4530 | - 196 - | LRB102 21798 RLC 30918 b |
|
|
1 | | previous 2 years; or |
2 | | (H) the person possessing the weapon was engaged |
3 | | in the commission or
attempted commission of
a |
4 | | misdemeanor involving the use or threat of violence |
5 | | against
the person or property of another; or |
6 | | (I) the person possessing the weapon was under 21 |
7 | | years of age and in
possession of a handgun, unless the |
8 | | person under 21
is engaged in lawful activities under |
9 | | the Wildlife Code or described in
subsection |
10 | | 24-2(b)(1), (b)(3), or 24-2(f). |
11 | | (a-5) "Handgun" as used in this Section has the meaning |
12 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
13 | | (b) "Stun gun or taser" as used in this Section has the |
14 | | same definition
given to it in Section 24-1 of this Code. |
15 | | (c) This Section does not apply to or affect the |
16 | | transportation or
possession
of weapons that: |
17 | | (i) are broken down in a non-functioning state; or |
18 | | (ii) are not immediately accessible; or |
19 | | (iii) are unloaded and enclosed in a case, firearm |
20 | | carrying box,
shipping box, or other container by a person |
21 | | is eligible under State and federal law to possess a |
22 | | firearm who has been issued a currently
valid Firearm |
23 | | Owner's
Identification Card . |
24 | | (d) Sentence. |
25 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
26 | | felony;
a second or subsequent offense is a Class 2 felony |
|
| | HB4530 | - 197 - | LRB102 21798 RLC 30918 b |
|
|
1 | | for which the person shall be sentenced to a term of |
2 | | imprisonment of not less than 3 years and not more than 7 |
3 | | years, except as provided for in Section 5-4.5-110 of the |
4 | | Unified Code of Corrections. |
5 | | (2) (Blank). Except as otherwise provided in |
6 | | paragraphs (3) and (4) of this subsection (d), a first |
7 | | offense of aggravated unlawful use of a weapon committed |
8 | | with a firearm by a person 18 years of age or older where |
9 | | the factors listed in both items (A) and (C) or both items |
10 | | (A-5) and (C) of paragraph (3) of subsection (a) are |
11 | | present is a Class 4 felony, for which the person shall be |
12 | | sentenced to a term of imprisonment of not less than one |
13 | | year and not more than 3 years. |
14 | | (3) Aggravated unlawful use of
a weapon by a person |
15 | | who has been previously
convicted of a felony in this |
16 | | State or another jurisdiction is a Class 2
felony for |
17 | | which the person shall be sentenced to a term of |
18 | | imprisonment of not less than 3 years and not more than 7 |
19 | | years, except as provided for in Section 5-4.5-110 of the |
20 | | Unified Code of Corrections. |
21 | | (4) Aggravated unlawful use of a weapon while wearing |
22 | | or in possession of body armor as defined in Section 33F-1 |
23 | | by a person who is prohibited under State or federal law |
24 | | from possessing a firearm has not been issued a valid |
25 | | Firearms Owner's Identification Card in accordance with |
26 | | Section 5 of the Firearm Owners Identification Card Act is |
|
| | HB4530 | - 198 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a Class X felony.
|
2 | | (e) The possession of each firearm in violation of this |
3 | | Section constitutes a single and separate violation. |
4 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) |
5 | | (720 ILCS 5/24-1.8) |
6 | | Sec. 24-1.8. Unlawful possession of a firearm by a street |
7 | | gang member. |
8 | | (a) A person
commits unlawful possession of a firearm by a |
9 | | street gang member when he or she knowingly: |
10 | | (1) possesses, carries, or conceals on or about his or |
11 | | her person a firearm and firearm ammunition while on any |
12 | | street, road, alley, gangway, sidewalk, or any other |
13 | | lands, except when inside his or her own abode or inside |
14 | | his or her fixed place of business, and has not been issued |
15 | | a currently valid Firearm Owner's Identification Card and |
16 | | is a member of a street gang; or |
17 | | (2) possesses or carries in any vehicle a firearm and |
18 | | firearm ammunition which are both immediately accessible |
19 | | at the time of the offense while on any street, road, |
20 | | alley, or any other lands, except when inside his or her |
21 | | own abode or garage, and has not been issued a currently |
22 | | valid Firearm Owner's Identification Card and is a member |
23 | | of a street gang. |
24 | | (b) Unlawful possession of a firearm by a street gang |
25 | | member is a Class 2 felony for which the person, if sentenced |
|
| | HB4530 | - 199 - | LRB102 21798 RLC 30918 b |
|
|
1 | | to a term of imprisonment, shall be sentenced to no less than 3 |
2 | | years and no more than 10 years. A period of probation, a term |
3 | | of periodic imprisonment or conditional discharge shall not be |
4 | | imposed for the offense of unlawful possession of a firearm by |
5 | | a street gang member when the firearm was loaded or contained |
6 | | firearm ammunition and the court shall sentence the offender |
7 | | to not less than the minimum term of imprisonment authorized |
8 | | for the Class 2 felony. |
9 | | (c) For purposes of this Section: |
10 | | "Street gang" or "gang" has the meaning ascribed to it |
11 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus |
12 | | Prevention Act. |
13 | | "Street gang member" or "gang member" has the meaning |
14 | | ascribed to it in Section 10 of the Illinois Streetgang |
15 | | Terrorism Omnibus Prevention Act.
|
16 | | (Source: P.A. 96-829, eff. 12-3-09.)
|
17 | | (720 ILCS 5/24-2)
|
18 | | (Text of Section before amendment by P.A. 102-152 )
|
19 | | Sec. 24-2. Exemptions.
|
20 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
21 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
22 | | the following:
|
23 | | (1) Peace officers, and any person summoned by a peace |
24 | | officer to
assist in making arrests or preserving the |
25 | | peace, while actually engaged in
assisting such officer.
|
|
| | HB4530 | - 200 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (2) Wardens, superintendents and keepers of prisons,
|
2 | | penitentiaries, jails and other institutions for the |
3 | | detention of persons
accused or convicted of an offense, |
4 | | while in the performance of their
official duty, or while |
5 | | commuting between their homes and places of employment.
|
6 | | (3) Members of the Armed Services or Reserve Forces of |
7 | | the United States
or the Illinois National Guard or the |
8 | | Reserve Officers Training Corps,
while in the performance |
9 | | of their official duty.
|
10 | | (4) Special agents employed by a railroad or a public |
11 | | utility to
perform police functions, and guards of armored |
12 | | car companies, while
actually engaged in the performance |
13 | | of the duties of their employment or
commuting between |
14 | | their homes and places of employment; and watchmen
while |
15 | | actually engaged in the performance of the duties of their |
16 | | employment.
|
17 | | (5) Persons licensed as private security contractors, |
18 | | private
detectives, or private alarm contractors, or |
19 | | employed by a private security contractor, private |
20 | | detective, or private alarm contractor agency licensed
by |
21 | | the Department of Financial and Professional Regulation, |
22 | | if their duties
include the carrying of a weapon under the |
23 | | provisions of the Private
Detective, Private Alarm,
|
24 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
25 | | 2004,
while actually
engaged in the performance of the |
26 | | duties of their employment or commuting
between their |
|
| | HB4530 | - 201 - | LRB102 21798 RLC 30918 b |
|
|
1 | | homes and places of employment. A person shall be |
2 | | considered eligible for this
exemption if he or she has |
3 | | completed the required 20
hours of training for a private |
4 | | security contractor, private
detective, or private alarm |
5 | | contractor, or employee of a licensed private security |
6 | | contractor, private detective, or private alarm contractor |
7 | | agency and 20 hours of required firearm
training, and has |
8 | | been issued a firearm control card by
the Department of |
9 | | Financial and Professional Regulation. Conditions for the |
10 | | renewal of
firearm control cards issued under the |
11 | | provisions of this Section
shall be the same as for those |
12 | | cards issued under the provisions of the
Private |
13 | | Detective, Private Alarm,
Private Security, Fingerprint |
14 | | Vendor, and Locksmith Act of 2004. The
firearm control |
15 | | card shall be carried by the private security contractor, |
16 | | private
detective, or private alarm contractor, or |
17 | | employee of the licensed private security contractor, |
18 | | private detective, or private alarm contractor agency at |
19 | | all
times when he or she is in possession of a concealable |
20 | | weapon permitted by his or her firearm control card.
|
21 | | (6) Any person regularly employed in a commercial or |
22 | | industrial
operation as a security guard for the |
23 | | protection of persons employed
and private property |
24 | | related to such commercial or industrial
operation, while |
25 | | actually engaged in the performance of his or her
duty or |
26 | | traveling between sites or properties belonging to the
|
|
| | HB4530 | - 202 - | LRB102 21798 RLC 30918 b |
|
|
1 | | employer, and who, as a security guard, is a member of a |
2 | | security force registered with the Department of Financial |
3 | | and Professional
Regulation; provided that such security |
4 | | guard has successfully completed a
course of study, |
5 | | approved by and supervised by the Department of
Financial |
6 | | and Professional Regulation, consisting of not less than |
7 | | 40 hours of training
that includes the theory of law |
8 | | enforcement, liability for acts, and the
handling of |
9 | | weapons. A person shall be considered eligible for this
|
10 | | exemption if he or she has completed the required 20
hours |
11 | | of training for a security officer and 20 hours of |
12 | | required firearm
training, and has been issued a firearm |
13 | | control card by
the Department of Financial and |
14 | | Professional Regulation. Conditions for the renewal of
|
15 | | firearm control cards issued under the provisions of this |
16 | | Section
shall be the same as for those cards issued under |
17 | | the provisions of the
Private Detective, Private Alarm,
|
18 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
19 | | 2004. The
firearm control card shall be carried by the |
20 | | security guard at all
times when he or she is in possession |
21 | | of a concealable weapon permitted by his or her firearm |
22 | | control card.
|
23 | | (7) Agents and investigators of the Illinois |
24 | | Legislative Investigating
Commission authorized by the |
25 | | Commission to carry the weapons specified in
subsections |
26 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
|
| | HB4530 | - 203 - | LRB102 21798 RLC 30918 b |
|
|
1 | | any investigation for the Commission.
|
2 | | (8) Persons employed by a financial institution as a |
3 | | security guard for the protection of
other employees and |
4 | | property related to such financial institution, while
|
5 | | actually engaged in the performance of their duties, |
6 | | commuting between
their homes and places of employment, or |
7 | | traveling between sites or
properties owned or operated by |
8 | | such financial institution, and who, as a security guard, |
9 | | is a member of a security force registered with the |
10 | | Department; provided that
any person so employed has |
11 | | successfully completed a course of study,
approved by and |
12 | | supervised by the Department of Financial and Professional |
13 | | Regulation,
consisting of not less than 40 hours of |
14 | | training which includes theory of
law enforcement, |
15 | | liability for acts, and the handling of weapons.
A person |
16 | | shall be considered to be eligible for this exemption if |
17 | | he or
she has completed the required 20 hours of training |
18 | | for a security officer
and 20 hours of required firearm |
19 | | training, and has been issued a
firearm control card by |
20 | | the Department of Financial and Professional Regulation.
|
21 | | Conditions for renewal of firearm control cards issued |
22 | | under the
provisions of this Section shall be the same as |
23 | | for those issued under the
provisions of the Private |
24 | | Detective, Private Alarm,
Private Security, Fingerprint |
25 | | Vendor, and Locksmith Act of 2004. The
firearm control |
26 | | card shall be carried by the security guard at all times |
|
| | HB4530 | - 204 - | LRB102 21798 RLC 30918 b |
|
|
1 | | when he or she is in possession of a concealable
weapon |
2 | | permitted by his or her firearm control card. For purposes |
3 | | of this subsection, "financial institution" means a
bank, |
4 | | savings and loan association, credit union or company |
5 | | providing
armored car services.
|
6 | | (9) Any person employed by an armored car company to |
7 | | drive an armored
car, while actually engaged in the |
8 | | performance of his duties.
|
9 | | (10) Persons who have been classified as peace |
10 | | officers pursuant
to the Peace Officer Fire Investigation |
11 | | Act.
|
12 | | (11) Investigators of the Office of the State's |
13 | | Attorneys Appellate
Prosecutor authorized by the board of |
14 | | governors of the Office of the
State's Attorneys Appellate |
15 | | Prosecutor to carry weapons pursuant to
Section 7.06 of |
16 | | the State's Attorneys Appellate Prosecutor's Act.
|
17 | | (12) Special investigators appointed by a State's |
18 | | Attorney under
Section 3-9005 of the Counties Code.
|
19 | | (12.5) Probation officers while in the performance of |
20 | | their duties, or
while commuting between their homes, |
21 | | places of employment or specific locations
that are part |
22 | | of their assigned duties, with the consent of the chief |
23 | | judge of
the circuit for which they are employed, if they |
24 | | have received weapons training according
to requirements |
25 | | of the Peace Officer and Probation Officer Firearm |
26 | | Training Act.
|
|
| | HB4530 | - 205 - | LRB102 21798 RLC 30918 b |
|
|
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 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
15 | | to
or affect any person carrying a concealed pistol, revolver, |
16 | | or handgun and the person has been issued a currently valid |
17 | | license under the Firearm Concealed Carry Act at the time of |
18 | | the commission of the offense. |
19 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
20 | | to
or affect a qualified current or retired law enforcement |
21 | | officer qualified under the laws of this State or under the |
22 | | federal Law Enforcement Officers Safety Act. |
23 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
24 | | 24-1.6 do not
apply to or affect
any of the following:
|
25 | | (1) Members of any club or organization organized for |
26 | | the purpose of
practicing shooting at targets upon |
|
| | HB4530 | - 206 - | LRB102 21798 RLC 30918 b |
|
|
1 | | established target ranges, whether
public or private, and |
2 | | patrons of such ranges, while such members
or patrons are |
3 | | using their firearms on those target ranges.
|
4 | | (2) Duly authorized military or civil organizations |
5 | | while parading,
with the special permission of the |
6 | | Governor.
|
7 | | (3) Hunters, trappers or fishermen with a license or
|
8 | | permit while engaged in hunting,
trapping or fishing.
|
9 | | (4) Transportation of weapons that are broken down in |
10 | | a
non-functioning state or are not immediately accessible.
|
11 | | (5) Carrying or possessing any pistol, revolver, stun |
12 | | gun or taser or other firearm on the land or in the legal |
13 | | dwelling of another person as an invitee with that |
14 | | person's permission. |
15 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
16 | | of the
following:
|
17 | | (1) Peace officers while in performance of their |
18 | | official duties.
|
19 | | (2) Wardens, superintendents and keepers of prisons, |
20 | | penitentiaries,
jails and other institutions for the |
21 | | detention of persons accused or
convicted of an offense.
|
22 | | (3) Members of the Armed Services or Reserve Forces of |
23 | | the United States
or the Illinois National Guard, while in |
24 | | the performance of their official
duty.
|
25 | | (4) Manufacture, transportation, or sale of machine |
26 | | guns to persons
authorized under subdivisions (1) through |
|
| | HB4530 | - 207 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (3) of this subsection to
possess machine guns, if the |
2 | | machine guns are broken down in a
non-functioning state or |
3 | | are not immediately accessible.
|
4 | | (5) Persons licensed under federal law to manufacture |
5 | | any weapon from
which 8 or more shots or bullets can be |
6 | | discharged by a
single function of the firing device, or |
7 | | ammunition for such weapons, and
actually engaged in the |
8 | | business of manufacturing such weapons or
ammunition, but |
9 | | only with respect to activities which are within the |
10 | | lawful
scope of such business, such as the manufacture, |
11 | | transportation, or testing
of such weapons or ammunition. |
12 | | This exemption does not authorize the
general private |
13 | | possession of any weapon from which 8 or more
shots or |
14 | | bullets can be discharged by a single function of the |
15 | | firing
device, but only such possession and activities as |
16 | | are within the lawful
scope of a licensed manufacturing |
17 | | business described in this paragraph.
|
18 | | During transportation, such weapons shall be broken |
19 | | down in a
non-functioning state or not immediately |
20 | | accessible.
|
21 | | (6) The manufacture, transport, testing, delivery, |
22 | | transfer or sale,
and all lawful commercial or |
23 | | experimental activities necessary thereto, of
rifles, |
24 | | shotguns, and weapons made from rifles or shotguns,
or |
25 | | ammunition for such rifles, shotguns or weapons, where |
26 | | engaged in
by a person operating as a contractor or |
|
| | HB4530 | - 208 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subcontractor pursuant to a
contract or subcontract for |
2 | | the development and supply of such rifles,
shotguns, |
3 | | weapons or ammunition to the United States government or |
4 | | any
branch of the Armed Forces of the United States, when |
5 | | such activities are
necessary and incident to fulfilling |
6 | | the terms of such contract.
|
7 | | The exemption granted under this subdivision (c)(6)
|
8 | | shall also apply to any authorized agent of any such |
9 | | contractor or
subcontractor who is operating within the |
10 | | scope of his employment, where
such activities involving |
11 | | such weapon, weapons or ammunition are necessary
and |
12 | | incident to fulfilling the terms of such contract.
|
13 | | (7) A person possessing a rifle with a barrel or |
14 | | barrels less than 16 inches in length if: (A) the person |
15 | | has been issued a Curios and Relics license from the U.S. |
16 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or |
17 | | (B) the person is an active member of a bona fide, |
18 | | nationally recognized military re-enacting group and the |
19 | | modification is required and necessary to accurately |
20 | | portray the weapon for historical re-enactment purposes; |
21 | | the re-enactor is in possession of a valid and current |
22 | | re-enacting group membership credential; and the overall |
23 | | length of the weapon as modified is not less than 26 |
24 | | inches. |
25 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
26 | | possession
or carrying of a black-jack or slung-shot by a |
|
| | HB4530 | - 209 - | LRB102 21798 RLC 30918 b |
|
|
1 | | peace officer.
|
2 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
3 | | manager or
authorized employee of any place specified in that |
4 | | subsection nor to any
law enforcement officer.
|
5 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
6 | | Section 24-1.6
do not apply
to members of any club or |
7 | | organization organized for the purpose of practicing
shooting |
8 | | at targets upon established target ranges, whether public or |
9 | | private,
while using their firearms on those target ranges.
|
10 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
11 | | to:
|
12 | | (1) Members of the Armed Services or Reserve Forces of |
13 | | the United
States or the Illinois National Guard, while in |
14 | | the performance of their
official duty.
|
15 | | (2) Bonafide collectors of antique or surplus military |
16 | | ordnance.
|
17 | | (3) Laboratories having a department of forensic |
18 | | ballistics, or
specializing in the development of |
19 | | ammunition or explosive ordnance.
|
20 | | (4) Commerce, preparation, assembly or possession of |
21 | | explosive
bullets by manufacturers of ammunition licensed |
22 | | by the federal government,
in connection with the supply |
23 | | of those organizations and persons exempted
by subdivision |
24 | | (g)(1) of this Section, or like organizations and persons
|
25 | | outside this State, or the transportation of explosive |
26 | | bullets to any
organization or person exempted in this |
|
| | HB4530 | - 210 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Section by a common carrier or by a
vehicle owned or leased |
2 | | by an exempted manufacturer.
|
3 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
4 | | persons licensed
under federal law to manufacture any device |
5 | | or attachment of any kind designed,
used, or intended for use |
6 | | in silencing the report of any firearm, firearms, or
|
7 | | ammunition
for those firearms equipped with those devices, and |
8 | | actually engaged in the
business of manufacturing those |
9 | | devices, firearms, or ammunition, but only with
respect to
|
10 | | activities that are within the lawful scope of that business, |
11 | | such as the
manufacture, transportation, or testing of those |
12 | | devices, firearms, or
ammunition. This
exemption does not |
13 | | authorize the general private possession of any device or
|
14 | | attachment of any kind designed, used, or intended for use in |
15 | | silencing the
report of any firearm, but only such possession |
16 | | and activities as are within
the
lawful scope of a licensed |
17 | | manufacturing business described in this subsection
(g-5). |
18 | | During transportation, these devices shall be detached from |
19 | | any weapon
or
not immediately accessible.
|
20 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
21 | | 24-1.6 do not apply to
or affect any parole agent or parole |
22 | | supervisor who meets the qualifications and conditions |
23 | | prescribed in Section 3-14-1.5 of the Unified Code of |
24 | | Corrections. |
25 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
26 | | officer while serving as a member of a tactical response team |
|
| | HB4530 | - 211 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or special operations team. A peace officer may not personally |
2 | | own or apply for ownership of a device or attachment of any |
3 | | kind designed, used, or intended for use in silencing the |
4 | | report of any firearm. These devices shall be owned and |
5 | | maintained by lawfully recognized units of government whose |
6 | | duties include the investigation of criminal acts. |
7 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
8 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
9 | | athlete's possession, transport on official Olympic and |
10 | | Paralympic transit systems established for athletes, or use of |
11 | | competition firearms sanctioned by the International Olympic |
12 | | Committee, the International Paralympic Committee, the |
13 | | International Shooting Sport Federation, or USA Shooting in |
14 | | connection with such athlete's training for and participation |
15 | | in shooting competitions at the 2016 Olympic and Paralympic |
16 | | Games and sanctioned test events leading up to the 2016 |
17 | | Olympic and Paralympic Games. |
18 | | (h) An information or indictment based upon a violation of |
19 | | any
subsection of this Article need not negative any |
20 | | exemptions contained in
this Article. The defendant shall have |
21 | | the burden of proving such an
exemption.
|
22 | | (i) Nothing in this Article shall prohibit, apply to, or |
23 | | affect
the transportation, carrying, or possession, of any |
24 | | pistol or revolver,
stun gun, taser, or other firearm |
25 | | consigned to a common carrier operating
under license of the |
26 | | State of Illinois or the federal government, where
such |
|
| | HB4530 | - 212 - | LRB102 21798 RLC 30918 b |
|
|
1 | | transportation, carrying, or possession is incident to the |
2 | | lawful
transportation in which such common carrier is engaged; |
3 | | and nothing in this
Article shall prohibit, apply to, or |
4 | | affect the transportation, carrying,
or possession of any |
5 | | pistol, revolver, stun gun, taser, or other firearm,
not the |
6 | | subject of and regulated by subsection 24-1(a)(7) or |
7 | | subsection
24-2(c) of this Article, which is unloaded and |
8 | | enclosed in a case, firearm
carrying box, shipping box, or |
9 | | other container, by the possessor of a valid
Firearm Owners |
10 | | Identification Card.
|
11 | | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.) |
12 | | (Text of Section after amendment by P.A. 102-152 )
|
13 | | Sec. 24-2. Exemptions.
|
14 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
15 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
16 | | the following:
|
17 | | (1) Peace officers, and any person summoned by a peace |
18 | | officer to
assist in making arrests or preserving the |
19 | | peace, while actually engaged in
assisting such officer.
|
20 | | (2) Wardens, superintendents and keepers of prisons,
|
21 | | penitentiaries, jails and other institutions for the |
22 | | detention of persons
accused or convicted of an offense, |
23 | | while in the performance of their
official duty, or while |
24 | | commuting between their homes and places of employment.
|
25 | | (3) Members of the Armed Services or Reserve Forces of |
|
| | HB4530 | - 213 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the United States
or the Illinois National Guard or the |
2 | | Reserve Officers Training Corps,
while in the performance |
3 | | of their official duty.
|
4 | | (4) Special agents employed by a railroad or a public |
5 | | utility to
perform police functions, and guards of armored |
6 | | car companies, while
actually engaged in the performance |
7 | | of the duties of their employment or
commuting between |
8 | | their homes and places of employment; and watchmen
while |
9 | | actually engaged in the performance of the duties of their |
10 | | employment.
|
11 | | (5) Persons licensed as private security contractors, |
12 | | private
detectives, or private alarm contractors, or |
13 | | employed by a private security contractor, private |
14 | | detective, or private alarm contractor agency licensed
by |
15 | | the Department of Financial and Professional Regulation, |
16 | | if their duties
include the carrying of a weapon under the |
17 | | provisions of the Private
Detective, Private Alarm,
|
18 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
19 | | 2004,
while actually
engaged in the performance of the |
20 | | duties of their employment or commuting
between their |
21 | | homes and places of employment. A person shall be |
22 | | considered eligible for this
exemption if he or she has |
23 | | completed the required 20
hours of training for a private |
24 | | security contractor, private
detective, or private alarm |
25 | | contractor, or employee of a licensed private security |
26 | | contractor, private detective, or private alarm contractor |
|
| | HB4530 | - 214 - | LRB102 21798 RLC 30918 b |
|
|
1 | | agency and 28 hours of required firearm
training, and has |
2 | | been issued a firearm control card by
the Department of |
3 | | Financial and Professional Regulation. Conditions for the |
4 | | renewal of
firearm control cards issued under the |
5 | | provisions of this Section
shall be the same as for those |
6 | | cards issued under the provisions of the
Private |
7 | | Detective, Private Alarm,
Private Security, Fingerprint |
8 | | Vendor, and Locksmith Act of 2004. The
firearm control |
9 | | card shall be carried by the private security contractor, |
10 | | private
detective, or private alarm contractor, or |
11 | | employee of the licensed private security contractor, |
12 | | private detective, or private alarm contractor agency at |
13 | | all
times when he or she is in possession of a concealable |
14 | | weapon permitted by his or her firearm control card.
|
15 | | (6) Any person regularly employed in a commercial or |
16 | | industrial
operation as a security guard for the |
17 | | protection of persons employed
and private property |
18 | | related to such commercial or industrial
operation, while |
19 | | actually engaged in the performance of his or her
duty or |
20 | | traveling between sites or properties belonging to the
|
21 | | employer, and who, as a security guard, is a member of a |
22 | | security force registered with the Department of Financial |
23 | | and Professional
Regulation; provided that such security |
24 | | guard has successfully completed a
course of study, |
25 | | approved by and supervised by the Department of
Financial |
26 | | and Professional Regulation, consisting of not less than |
|
| | HB4530 | - 215 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 48 hours of training
that includes the theory of law |
2 | | enforcement, liability for acts, and the
handling of |
3 | | weapons. A person shall be considered eligible for this
|
4 | | exemption if he or she has completed the required 20
hours |
5 | | of training for a security officer and 28 hours of |
6 | | required firearm
training, and has been issued a firearm |
7 | | control card by
the Department of Financial and |
8 | | Professional Regulation. Conditions for the renewal of
|
9 | | firearm control cards issued under the provisions of this |
10 | | Section
shall be the same as for those cards issued under |
11 | | the provisions of the
Private Detective, Private Alarm,
|
12 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
13 | | 2004. The
firearm control card shall be carried by the |
14 | | security guard at all
times when he or she is in possession |
15 | | of a concealable weapon permitted by his or her firearm |
16 | | control card.
|
17 | | (7) Agents and investigators of the Illinois |
18 | | Legislative Investigating
Commission authorized by the |
19 | | Commission to carry the weapons specified in
subsections |
20 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
21 | | any investigation for the Commission.
|
22 | | (8) Persons employed by a financial institution as a |
23 | | security guard for the protection of
other employees and |
24 | | property related to such financial institution, while
|
25 | | actually engaged in the performance of their duties, |
26 | | commuting between
their homes and places of employment, or |
|
| | HB4530 | - 216 - | LRB102 21798 RLC 30918 b |
|
|
1 | | traveling between sites or
properties owned or operated by |
2 | | such financial institution, and who, as a security guard, |
3 | | is a member of a security force registered with the |
4 | | Department; provided that
any person so employed has |
5 | | successfully completed a course of study,
approved by and |
6 | | supervised by the Department of Financial and Professional |
7 | | Regulation,
consisting of not less than 48 hours of |
8 | | training which includes theory of
law enforcement, |
9 | | liability for acts, and the handling of weapons.
A person |
10 | | shall be considered to be eligible for this exemption if |
11 | | he or
she has completed the required 20 hours of training |
12 | | for a security officer
and 28 hours of required firearm |
13 | | training, and has been issued a
firearm control card by |
14 | | the Department of Financial and Professional Regulation.
|
15 | | Conditions for renewal of firearm control cards issued |
16 | | under the
provisions of this Section shall be the same as |
17 | | for those issued under the
provisions of the Private |
18 | | Detective, Private Alarm,
Private Security, Fingerprint |
19 | | Vendor, and Locksmith Act of 2004. The
firearm control |
20 | | card shall be carried by the security guard at all times |
21 | | when he or she is in possession of a concealable
weapon |
22 | | permitted by his or her firearm control card. For purposes |
23 | | of this subsection, "financial institution" means a
bank, |
24 | | savings and loan association, credit union or company |
25 | | providing
armored car services.
|
26 | | (9) Any person employed by an armored car company to |
|
| | HB4530 | - 217 - | LRB102 21798 RLC 30918 b |
|
|
1 | | drive an armored
car, while actually engaged in the |
2 | | performance of his duties.
|
3 | | (10) Persons who have been classified as peace |
4 | | officers pursuant
to the Peace Officer Fire Investigation |
5 | | Act.
|
6 | | (11) Investigators of the Office of the State's |
7 | | Attorneys Appellate
Prosecutor authorized by the board of |
8 | | governors of the Office of the
State's Attorneys Appellate |
9 | | Prosecutor to carry weapons pursuant to
Section 7.06 of |
10 | | the State's Attorneys Appellate Prosecutor's Act.
|
11 | | (12) Special investigators appointed by a State's |
12 | | Attorney under
Section 3-9005 of the Counties Code.
|
13 | | (12.5) Probation officers while in the performance of |
14 | | their duties, or
while commuting between their homes, |
15 | | places of employment or specific locations
that are part |
16 | | of their assigned duties, with the consent of the chief |
17 | | judge of
the circuit for which they are employed, if they |
18 | | have received weapons training according
to requirements |
19 | | of the Peace Officer and Probation Officer Firearm |
20 | | Training Act.
|
21 | | (13) Court Security Officers while in the performance |
22 | | of their official
duties, or while commuting between their |
23 | | homes and places of employment, with
the
consent of the |
24 | | Sheriff.
|
25 | | (13.5) A person employed as an armed security guard at |
26 | | a nuclear energy,
storage, weapons or development site or |
|
| | HB4530 | - 218 - | LRB102 21798 RLC 30918 b |
|
|
1 | | facility regulated by the Nuclear
Regulatory Commission |
2 | | who has completed the background screening and training
|
3 | | mandated by the rules and regulations of the Nuclear |
4 | | Regulatory Commission.
|
5 | | (14) Manufacture, transportation, or sale of weapons |
6 | | to
persons
authorized under subdivisions (1) through |
7 | | (13.5) of this
subsection
to
possess those weapons.
|
8 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
9 | | to
or affect any person carrying a concealed pistol, revolver, |
10 | | or handgun and the person has been issued a currently valid |
11 | | license under the Firearm Concealed Carry Act at the time of |
12 | | the commission of the offense. |
13 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
14 | | to
or affect a qualified current or retired law enforcement |
15 | | officer qualified under the laws of this State or under the |
16 | | federal Law Enforcement Officers Safety Act. |
17 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
18 | | 24-1.6 do not
apply to or affect
any of the following:
|
19 | | (1) Members of any club or organization organized for |
20 | | the purpose of
practicing shooting at targets upon |
21 | | established target ranges, whether
public or private, and |
22 | | patrons of such ranges, while such members
or patrons are |
23 | | using their firearms on those target ranges.
|
24 | | (2) Duly authorized military or civil organizations |
25 | | while parading,
with the special permission of the |
26 | | Governor.
|
|
| | HB4530 | - 219 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (3) Hunters, trappers or fishermen with a license or
|
2 | | permit while engaged in hunting,
trapping or fishing.
|
3 | | (4) Transportation of weapons that are broken down in |
4 | | a
non-functioning state or are not immediately accessible.
|
5 | | (5) Carrying or possessing any pistol, revolver, stun |
6 | | gun or taser or other firearm on the land or in the legal |
7 | | dwelling of another person as an invitee with that |
8 | | person's permission. |
9 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
10 | | of the
following:
|
11 | | (1) Peace officers while in performance of their |
12 | | official duties.
|
13 | | (2) Wardens, superintendents and keepers of prisons, |
14 | | penitentiaries,
jails and other institutions for the |
15 | | detention of persons accused or
convicted of an offense.
|
16 | | (3) Members of the Armed Services or Reserve Forces of |
17 | | the United States
or the Illinois National Guard, while in |
18 | | the performance of their official
duty.
|
19 | | (4) Manufacture, transportation, or sale of machine |
20 | | guns to persons
authorized under subdivisions (1) through |
21 | | (3) of this subsection to
possess machine guns, if the |
22 | | machine guns are broken down in a
non-functioning state or |
23 | | are not immediately accessible.
|
24 | | (5) Persons licensed under federal law to manufacture |
25 | | any weapon from
which 8 or more shots or bullets can be |
26 | | discharged by a
single function of the firing device, or |
|
| | HB4530 | - 220 - | LRB102 21798 RLC 30918 b |
|
|
1 | | ammunition for such weapons, and
actually engaged in the |
2 | | business of manufacturing such weapons or
ammunition, but |
3 | | only with respect to activities which are within the |
4 | | lawful
scope of such business, such as the manufacture, |
5 | | transportation, or testing
of such weapons or ammunition. |
6 | | This exemption does not authorize the
general private |
7 | | possession of any weapon from which 8 or more
shots or |
8 | | bullets can be discharged by a single function of the |
9 | | firing
device, but only such possession and activities as |
10 | | are within the lawful
scope of a licensed manufacturing |
11 | | business described in this paragraph.
|
12 | | During transportation, such weapons shall be broken |
13 | | down in a
non-functioning state or not immediately |
14 | | accessible.
|
15 | | (6) The manufacture, transport, testing, delivery, |
16 | | transfer or sale,
and all lawful commercial or |
17 | | experimental activities necessary thereto, of
rifles, |
18 | | shotguns, and weapons made from rifles or shotguns,
or |
19 | | ammunition for such rifles, shotguns or weapons, where |
20 | | engaged in
by a person operating as a contractor or |
21 | | subcontractor pursuant to a
contract or subcontract for |
22 | | the development and supply of such rifles,
shotguns, |
23 | | weapons or ammunition to the United States government or |
24 | | any
branch of the Armed Forces of the United States, when |
25 | | such activities are
necessary and incident to fulfilling |
26 | | the terms of such contract.
|
|
| | HB4530 | - 221 - | LRB102 21798 RLC 30918 b |
|
|
1 | | The exemption granted under this subdivision (c)(6)
|
2 | | shall also apply to any authorized agent of any such |
3 | | contractor or
subcontractor who is operating within the |
4 | | scope of his employment, where
such activities involving |
5 | | such weapon, weapons or ammunition are necessary
and |
6 | | incident to fulfilling the terms of such contract.
|
7 | | (7) A person possessing a rifle with a barrel or |
8 | | barrels less than 16 inches in length if: (A) the person |
9 | | has been issued a Curios and Relics license from the U.S. |
10 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or |
11 | | (B) the person is an active member of a bona fide, |
12 | | nationally recognized military re-enacting group and the |
13 | | modification is required and necessary to accurately |
14 | | portray the weapon for historical re-enactment purposes; |
15 | | the re-enactor is in possession of a valid and current |
16 | | re-enacting group membership credential; and the overall |
17 | | length of the weapon as modified is not less than 26 |
18 | | inches. |
19 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
20 | | possession
or carrying of a black-jack or slung-shot by a |
21 | | peace officer.
|
22 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
23 | | manager or
authorized employee of any place specified in that |
24 | | subsection nor to any
law enforcement officer.
|
25 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
26 | | Section 24-1.6
do not apply
to members of any club or |
|
| | HB4530 | - 222 - | LRB102 21798 RLC 30918 b |
|
|
1 | | organization organized for the purpose of practicing
shooting |
2 | | at targets upon established target ranges, whether public or |
3 | | private,
while using their firearms on those target ranges.
|
4 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
5 | | to:
|
6 | | (1) Members of the Armed Services or Reserve Forces of |
7 | | the United
States or the Illinois National Guard, while in |
8 | | the performance of their
official duty.
|
9 | | (2) Bonafide collectors of antique or surplus military |
10 | | ordnance.
|
11 | | (3) Laboratories having a department of forensic |
12 | | ballistics, or
specializing in the development of |
13 | | ammunition or explosive ordnance.
|
14 | | (4) Commerce, preparation, assembly or possession of |
15 | | explosive
bullets by manufacturers of ammunition licensed |
16 | | by the federal government,
in connection with the supply |
17 | | of those organizations and persons exempted
by subdivision |
18 | | (g)(1) of this Section, or like organizations and persons
|
19 | | outside this State, or the transportation of explosive |
20 | | bullets to any
organization or person exempted in this |
21 | | Section by a common carrier or by a
vehicle owned or leased |
22 | | by an exempted manufacturer.
|
23 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
24 | | persons licensed
under federal law to manufacture any device |
25 | | or attachment of any kind designed,
used, or intended for use |
26 | | in silencing the report of any firearm, firearms, or
|
|
| | HB4530 | - 223 - | LRB102 21798 RLC 30918 b |
|
|
1 | | ammunition
for those firearms equipped with those devices, and |
2 | | actually engaged in the
business of manufacturing those |
3 | | devices, firearms, or ammunition, but only with
respect to
|
4 | | activities that are within the lawful scope of that business, |
5 | | such as the
manufacture, transportation, or testing of those |
6 | | devices, firearms, or
ammunition. This
exemption does not |
7 | | authorize the general private possession of any device or
|
8 | | attachment of any kind designed, used, or intended for use in |
9 | | silencing the
report of any firearm, but only such possession |
10 | | and activities as are within
the
lawful scope of a licensed |
11 | | manufacturing business described in this subsection
(g-5). |
12 | | During transportation, these devices shall be detached from |
13 | | any weapon
or
not immediately accessible.
|
14 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
15 | | 24-1.6 do not apply to
or affect any parole agent or parole |
16 | | supervisor who meets the qualifications and conditions |
17 | | prescribed in Section 3-14-1.5 of the Unified Code of |
18 | | Corrections. |
19 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
20 | | officer while serving as a member of a tactical response team |
21 | | or special operations team. A peace officer may not personally |
22 | | own or apply for ownership of a device or attachment of any |
23 | | kind designed, used, or intended for use in silencing the |
24 | | report of any firearm. These devices shall be owned and |
25 | | maintained by lawfully recognized units of government whose |
26 | | duties include the investigation of criminal acts. |
|
| | HB4530 | - 224 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (g-10) (Blank). |
2 | | (h) An information or indictment based upon a violation of |
3 | | any
subsection of this Article need not negative any |
4 | | exemptions contained in
this Article. The defendant shall have |
5 | | the burden of proving such an
exemption.
|
6 | | (i) Nothing in this Article shall prohibit, apply to, or |
7 | | affect
the transportation, carrying, or possession, of any |
8 | | pistol or revolver,
stun gun, taser, or other firearm |
9 | | consigned to a common carrier operating
under license of the |
10 | | State of Illinois or the federal government, where
such |
11 | | transportation, carrying, or possession is incident to the |
12 | | lawful
transportation in which such common carrier is engaged; |
13 | | and nothing in this
Article shall prohibit, apply to, or |
14 | | affect the transportation, carrying,
or possession of any |
15 | | pistol, revolver, stun gun, taser, or other firearm,
not the |
16 | | subject of and regulated by subsection 24-1(a)(7) or |
17 | | subsection
24-2(c) of this Article, which is unloaded and |
18 | | enclosed in a case, firearm
carrying box, shipping box, or |
19 | | other container, by a person eligible under State and federal |
20 | | law to possess a firearm the possessor of a valid
Firearm |
21 | | Owners Identification Card .
|
22 | | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
|
23 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
24 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
25 | | (A) A person commits the offense of unlawful sale or |
|
| | HB4530 | - 225 - | LRB102 21798 RLC 30918 b |
|
|
1 | | delivery of firearms when he
or she knowingly does any of the |
2 | | following:
|
3 | | (a) Sells or gives any firearm of a size which may be |
4 | | concealed upon the
person to any person under 18 years of |
5 | | age.
|
6 | | (b) Sells or gives any firearm to a person under 21 |
7 | | years of age who has
been convicted of a misdemeanor other |
8 | | than a traffic offense or adjudged
delinquent.
|
9 | | (c) Sells or gives any firearm to any narcotic addict.
|
10 | | (d) Sells or gives any firearm to any person who has |
11 | | been convicted of a
felony under the laws of this or any |
12 | | other jurisdiction.
|
13 | | (e) Sells or gives any firearm to any person who has |
14 | | been a patient in a
mental institution within the past 5 |
15 | | years. In this subsection (e): |
16 | | "Mental institution" means any hospital, |
17 | | institution, clinic, evaluation facility, mental |
18 | | health center, or part thereof, which is used |
19 | | primarily for the care or treatment of persons with |
20 | | mental illness. |
21 | | "Patient in a mental institution" means the person |
22 | | was admitted, either voluntarily or involuntarily, to |
23 | | a mental institution for mental health treatment, |
24 | | unless the treatment was voluntary and solely for an |
25 | | alcohol abuse disorder and no other secondary |
26 | | substance abuse disorder or mental illness.
|
|
| | HB4530 | - 226 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (f) Sells or gives any firearms to any person who is a |
2 | | person with an intellectual disability.
|
3 | | (g) Delivers any firearm, incidental to a sale, |
4 | | without withholding delivery of the firearm
for at least |
5 | | 72 hours after application for its purchase has been made, |
6 | | or
delivers a stun gun or taser, incidental to a sale,
|
7 | | without withholding delivery of the stun gun or taser for
|
8 | | at least 24 hours after application for its purchase has |
9 | | been made.
However,
this paragraph (g) does not apply to: |
10 | | (1) the sale of a firearm
to a law enforcement officer if |
11 | | the seller of the firearm knows that the person to whom he |
12 | | or she is selling the firearm is a law enforcement officer |
13 | | or the sale of a firearm to a person who desires to |
14 | | purchase a firearm for
use in promoting the public |
15 | | interest incident to his or her employment as a
bank |
16 | | guard, armed truck guard, or other similar employment; (2) |
17 | | a mail
order sale of a firearm from a federally licensed |
18 | | firearms dealer to a nonresident of Illinois under which |
19 | | the firearm
is mailed to a federally licensed firearms |
20 | | dealer outside the boundaries of Illinois; (3) (blank); |
21 | | (4) the sale of a
firearm to a dealer licensed as a federal |
22 | | firearms dealer under Section 923
of the federal Gun |
23 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
24 | | sale of any rifle, shotgun, or other long gun to a resident |
25 | | registered competitor or attendee or non-resident |
26 | | registered competitor or attendee by any dealer licensed |
|
| | HB4530 | - 227 - | LRB102 21798 RLC 30918 b |
|
|
1 | | as a federal firearms dealer under Section 923 of the |
2 | | federal Gun Control Act of 1968 at competitive shooting |
3 | | events held at the World Shooting Complex sanctioned by a |
4 | | national governing body. For purposes of transfers or |
5 | | sales under subparagraph (5) of this paragraph (g), the |
6 | | Department of Natural Resources shall give notice to the |
7 | | Illinois State Police at least 30 calendar days prior to |
8 | | any competitive shooting events at the World Shooting |
9 | | Complex sanctioned by a national governing body. The |
10 | | notification shall be made on a form prescribed by the |
11 | | Illinois State Police. The sanctioning body shall provide |
12 | | a list of all registered competitors and attendees at |
13 | | least 24 hours before the events to the Illinois State |
14 | | Police. Any changes to the list of registered competitors |
15 | | and attendees shall be forwarded to the Illinois State |
16 | | Police as soon as practicable. The Illinois State Police |
17 | | must destroy the list of registered competitors and |
18 | | attendees no later than 30 days after the date of the |
19 | | event. Nothing in this paragraph (g) relieves a federally |
20 | | licensed firearm dealer from the requirements of |
21 | | conducting a NICS background check through the Illinois |
22 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
23 | | this paragraph (g), "application" means when the buyer and |
24 | | seller reach an agreement to purchase a firearm.
For |
25 | | purposes of this paragraph (g), "national governing body" |
26 | | means a group of persons who adopt rules and formulate |
|
| | HB4530 | - 228 - | LRB102 21798 RLC 30918 b |
|
|
1 | | policy on behalf of a national firearm sporting |
2 | | organization.
|
3 | | (h) While holding any license
as a dealer,
importer, |
4 | | manufacturer or pawnbroker
under the federal Gun Control |
5 | | Act of 1968,
manufactures, sells or delivers to any |
6 | | unlicensed person a handgun having
a barrel, slide, frame |
7 | | or receiver which is a die casting of zinc alloy or
any |
8 | | other nonhomogeneous metal which will melt or deform at a |
9 | | temperature
of less than 800 degrees Fahrenheit. For |
10 | | purposes of this paragraph, (1)
"firearm" has the meaning |
11 | | provided in Section 2-7.5 of the Criminal Code of 2012 is |
12 | | defined as in the Firearm Owners Identification Card Act ; |
13 | | and (2)
"handgun" is defined as a firearm designed to be |
14 | | held
and fired by the use of a single hand, and includes a |
15 | | combination of parts from
which such a firearm can be |
16 | | assembled.
|
17 | | (i) Sells or gives a firearm of any size to any person |
18 | | under 18 years of
age who is not eligible under State or |
19 | | federal law to possess a firearm does not possess a valid |
20 | | Firearm Owner's Identification Card .
|
21 | | (j) Sells or gives a firearm while engaged in the |
22 | | business of selling
firearms at wholesale or retail |
23 | | without being licensed as a federal firearms
dealer under |
24 | | Section 923 of the federal Gun Control Act of 1968 (18 |
25 | | U.S.C.
923). In this paragraph (j):
|
26 | | A person "engaged in the business" means a person who |
|
| | HB4530 | - 229 - | LRB102 21798 RLC 30918 b |
|
|
1 | | devotes time,
attention, and
labor to
engaging in the |
2 | | activity as a regular course of trade or business with the
|
3 | | principal objective of livelihood and profit, but does not |
4 | | include a person who
makes occasional repairs of firearms |
5 | | or who occasionally fits special barrels,
stocks, or |
6 | | trigger mechanisms to firearms.
|
7 | | "With the principal objective of livelihood and |
8 | | profit" means that the
intent
underlying the sale or |
9 | | disposition of firearms is predominantly one of
obtaining |
10 | | livelihood and pecuniary gain, as opposed to other |
11 | | intents, such as
improving or liquidating a personal |
12 | | firearms collection; however, proof of
profit shall not be |
13 | | required as to a person who engages in the regular and
|
14 | | repetitive purchase and disposition of firearms for |
15 | | criminal purposes or
terrorism.
|
16 | | (k) (Blank). Sells or transfers ownership of a firearm |
17 | | to a person who does not display to the seller or |
18 | | transferor of the firearm either: (1) a currently valid |
19 | | Firearm Owner's Identification Card that has previously |
20 | | been issued in the transferee's name by the Illinois State |
21 | | Police under the provisions of the Firearm Owners |
22 | | Identification Card Act; or (2) a currently valid license |
23 | | to carry a concealed firearm that has previously been |
24 | | issued in the transferee's name by the
Illinois State |
25 | | Police under the Firearm Concealed Carry Act. This |
26 | | paragraph (k) does not apply to the transfer of a firearm |
|
| | HB4530 | - 230 - | LRB102 21798 RLC 30918 b |
|
|
1 | | to a person who is exempt from the requirement of |
2 | | possessing a Firearm Owner's Identification Card under |
3 | | Section 2 of the Firearm Owners Identification Card Act. |
4 | | For the purposes of this Section, a currently valid |
5 | | Firearm Owner's Identification Card or license to carry a |
6 | | concealed firearm means receipt of an approval number |
7 | | issued in accordance with subsection (a-10) of subsection |
8 | | 3 or Section 3.1 of the Firearm Owners Identification Card |
9 | | Act. |
10 | | (1) (Blank). In addition to the other requirements |
11 | | of this paragraph (k), all persons who are not |
12 | | federally licensed firearms dealers must also have |
13 | | complied with subsection (a-10) of Section 3 of the |
14 | | Firearm Owners Identification Card Act by determining |
15 | | the validity of a purchaser's Firearm Owner's |
16 | | Identification Card. |
17 | | (2) (Blank). All sellers or transferors who have |
18 | | complied with the requirements of subparagraph (1) of |
19 | | this paragraph (k) shall not be liable for damages in |
20 | | any civil action arising from the use or misuse by the |
21 | | transferee of the firearm transferred, except for |
22 | | willful or wanton misconduct on the part of the seller |
23 | | or transferor. |
24 | | (l) Not
being entitled to the possession of a firearm, |
25 | | delivers the
firearm, knowing it to have been stolen or |
26 | | converted. It may be inferred that
a person who possesses |
|
| | HB4530 | - 231 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a firearm with knowledge that its serial number has
been |
2 | | removed or altered has knowledge that the firearm is |
3 | | stolen or converted. |
4 | | (B) Paragraph (h) of subsection (A) does not include |
5 | | firearms sold within 6
months after enactment of Public
Act |
6 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
7 | | nor is any
firearm legally owned or
possessed by any citizen or |
8 | | purchased by any citizen within 6 months after the
enactment |
9 | | of Public Act 78-355 subject
to confiscation or seizure under |
10 | | the provisions of that Public Act. Nothing in
Public Act |
11 | | 78-355 shall be construed to prohibit the gift or trade of
any |
12 | | firearm if that firearm was legally held or acquired within 6 |
13 | | months after
the enactment of that Public Act.
|
14 | | (C) Sentence.
|
15 | | (1) Any person convicted of unlawful sale or delivery |
16 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
17 | | or (h) of subsection (A) commits a Class
4
felony.
|
18 | | (2) Any person convicted of unlawful sale or delivery |
19 | | of firearms in violation of
paragraph (b) or (i) of |
20 | | subsection (A) commits a Class 3 felony.
|
21 | | (3) Any person convicted of unlawful sale or delivery |
22 | | of firearms in violation of
paragraph (a) of subsection |
23 | | (A) commits a Class 2 felony.
|
24 | | (4) Any person convicted of unlawful sale or delivery |
25 | | of firearms in violation of
paragraph (a), (b), or (i) of |
26 | | subsection (A) in any school, on the real
property |
|
| | HB4530 | - 232 - | LRB102 21798 RLC 30918 b |
|
|
1 | | comprising a school, within 1,000 feet of the real |
2 | | property comprising
a school, at a school related |
3 | | activity, or on or within 1,000 feet of any
conveyance |
4 | | owned, leased, or contracted by a school or school |
5 | | district to
transport students to or from school or a |
6 | | school related activity,
regardless of the time of day or |
7 | | time of year at which the offense
was committed, commits a |
8 | | Class 1 felony. Any person convicted of a second
or |
9 | | subsequent violation of unlawful sale or delivery of |
10 | | firearms in violation of paragraph
(a), (b), or (i) of |
11 | | subsection (A) in any school, on the real property
|
12 | | comprising a school, within 1,000 feet of the real |
13 | | property comprising a
school, at a school related |
14 | | activity, or on or within 1,000 feet of any
conveyance |
15 | | owned, leased, or contracted by a school or school |
16 | | district to
transport students to or from school or a |
17 | | school related activity,
regardless of the time of day or |
18 | | time of year at which the offense
was committed, commits a |
19 | | Class 1 felony for which the sentence shall be a
term of |
20 | | imprisonment of no less than 5 years and no more than 15 |
21 | | years.
|
22 | | (5) Any person convicted of unlawful sale or delivery |
23 | | of firearms in violation of
paragraph (a) or (i) of |
24 | | subsection (A) in residential property owned,
operated, or |
25 | | managed by a public housing agency or leased by a public |
26 | | housing
agency as part of a scattered site or mixed-income |
|
| | HB4530 | - 233 - | LRB102 21798 RLC 30918 b |
|
|
1 | | development, in a public
park, in a
courthouse, on |
2 | | residential property owned, operated, or managed by a |
3 | | public
housing agency or leased by a public housing agency |
4 | | as part of a scattered site
or mixed-income development, |
5 | | on the real property comprising any public park,
on the |
6 | | real
property comprising any courthouse, or on any public |
7 | | way within 1,000 feet
of the real property comprising any |
8 | | public park, courthouse, or residential
property owned, |
9 | | operated, or managed by a public housing agency or leased |
10 | | by a
public housing agency as part of a scattered site or |
11 | | mixed-income development
commits a
Class 2 felony.
|
12 | | (6) Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of
paragraph (j) of subsection |
14 | | (A) commits a Class A misdemeanor. A second or
subsequent |
15 | | violation is a Class 4 felony. |
16 | | (7) (Blank). Any person convicted of unlawful sale or |
17 | | delivery of firearms in violation of paragraph (k) of |
18 | | subsection (A) commits a Class 4 felony, except that a |
19 | | violation of subparagraph (1) of paragraph (k) of |
20 | | subsection (A) shall not be punishable as a crime or petty |
21 | | offense. A third or subsequent conviction for a violation |
22 | | of paragraph (k) of subsection (A) is a Class 1 felony.
|
23 | | (8) A person 18 years of age or older convicted of |
24 | | unlawful sale or delivery of firearms in violation of |
25 | | paragraph (a) or (i) of subsection (A), when the firearm |
26 | | that was sold or given to another person under 18 years of |
|
| | HB4530 | - 234 - | LRB102 21798 RLC 30918 b |
|
|
1 | | age was used in the commission of or attempt to commit a |
2 | | forcible felony, shall be fined or imprisoned, or both, |
3 | | not to exceed the maximum provided for the most serious |
4 | | forcible felony so committed or attempted by the person |
5 | | under 18 years of age who was sold or given the firearm. |
6 | | (9) Any person convicted of unlawful sale or delivery |
7 | | of firearms in violation of
paragraph (d) of subsection |
8 | | (A) commits a Class 3 felony. |
9 | | (10) Any person convicted of unlawful sale or delivery |
10 | | of firearms in violation of paragraph (l) of subsection |
11 | | (A) commits a Class 2 felony if the delivery is of one |
12 | | firearm. Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of paragraph (l) of subsection |
14 | | (A) commits a Class 1 felony if the delivery is of not less |
15 | | than 2 and not more than 5 firearms at the
same time or |
16 | | within a one-year one year period. Any person convicted of |
17 | | unlawful sale or delivery of firearms in violation of |
18 | | paragraph (l) of subsection (A) commits a Class X felony |
19 | | for which he or she shall be sentenced
to a term of |
20 | | imprisonment of not less than 6 years and not more than 30
|
21 | | years if the delivery is of not less than 6 and not more |
22 | | than 10 firearms at the
same time or within a 2-year 2 year |
23 | | period. Any person convicted of unlawful sale or delivery |
24 | | of firearms in violation of paragraph (l) of subsection |
25 | | (A) commits a Class X felony for which he or she shall be |
26 | | sentenced
to a term of imprisonment of not less than 6 |
|
| | HB4530 | - 235 - | LRB102 21798 RLC 30918 b |
|
|
1 | | years and not more than 40
years if the delivery is of not |
2 | | less than 11 and not more than 20 firearms at the
same time |
3 | | or within a 3-year 3 year period. Any person convicted of |
4 | | unlawful sale or delivery of firearms in violation of |
5 | | paragraph (l) of subsection (A) commits a Class X felony |
6 | | for which he or she shall be sentenced
to a term of |
7 | | imprisonment of not less than 6 years and not more than 50
|
8 | | years if the delivery is of not less than 21 and not more |
9 | | than 30 firearms at the
same time or within a 4-year 4 year |
10 | | period. Any person convicted of unlawful sale or delivery |
11 | | of firearms in violation of paragraph (l) of subsection |
12 | | (A) commits a Class X felony for which he or she shall be |
13 | | sentenced
to a term of imprisonment of not less than 6 |
14 | | years and not more than 60
years if the delivery is of 31 |
15 | | or more firearms at the
same time or within a 5-year 5 year |
16 | | period. |
17 | | (D) For purposes of this Section:
|
18 | | "School" means a public or private elementary or secondary |
19 | | school,
community college, college, or university.
|
20 | | "School related activity" means any sporting, social, |
21 | | academic, or
other activity for which students' attendance or |
22 | | participation is sponsored,
organized, or funded in whole or |
23 | | in part by a school or school district.
|
24 | | (E) (Blank). A prosecution for a violation of paragraph |
25 | | (k) of subsection (A) of this Section may be commenced within 6 |
26 | | years after the commission of the offense. A prosecution for a |
|
| | HB4530 | - 236 - | LRB102 21798 RLC 30918 b |
|
|
1 | | violation of this Section other than paragraph (g) of |
2 | | subsection (A) of this Section may be commenced within 5 years |
3 | | after the commission of the offense defined in the particular |
4 | | paragraph.
|
5 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
6 | | revised 10-12-21.)
|
7 | | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
|
8 | | Sec. 24-3.1. Unlawful possession of firearms and firearm |
9 | | ammunition.
|
10 | | (a) A person commits the offense of unlawful possession of |
11 | | firearms
or firearm ammunition when:
|
12 | | (1) He is under 18 years of age and has in his |
13 | | possession
any firearm of
a size which may be concealed |
14 | | upon the person; or
|
15 | | (2) He is under 21 years of age, has been convicted of |
16 | | a misdemeanor
other than a traffic offense or adjudged |
17 | | delinquent and has
any firearms or
firearm ammunition in |
18 | | his possession; or
|
19 | | (3) He is a narcotic addict and has
any firearms or |
20 | | firearm ammunition
in his possession; or
|
21 | | (4) He has been a patient in a mental institution |
22 | | within the past 5 years
and has
any firearms or firearm |
23 | | ammunition in his possession. For purposes of this |
24 | | paragraph (4): |
25 | | "Mental institution" means any hospital, |
|
| | HB4530 | - 237 - | LRB102 21798 RLC 30918 b |
|
|
1 | | institution, clinic, evaluation facility, mental |
2 | | health center, or part thereof, which is used |
3 | | primarily for the care or treatment of persons with |
4 | | mental illness. |
5 | | "Patient in a mental institution" means the person |
6 | | was admitted, either voluntarily or involuntarily, to |
7 | | a mental institution for mental health treatment, |
8 | | unless the treatment was voluntary and solely for an |
9 | | alcohol abuse disorder and no other secondary |
10 | | substance abuse disorder or mental illness; or
|
11 | | (5) He is a person with an intellectual disability and |
12 | | has
any firearms or firearm ammunition
in his possession; |
13 | | or
|
14 | | (6) He has in his possession any explosive bullet.
|
15 | | For purposes of this paragraph "explosive bullet" means |
16 | | the projectile
portion of an ammunition cartridge which |
17 | | contains or carries an explosive
charge which will explode |
18 | | upon contact with the flesh of a human or an animal.
|
19 | | "Cartridge" means a tubular metal case having a projectile |
20 | | affixed at the
front thereof and a cap or primer at the rear |
21 | | end thereof, with the propellant
contained in such tube |
22 | | between the projectile and the cap.
|
23 | | (a-5) A person prohibited from possessing a firearm under |
24 | | this Section may petition the Director of the Illinois State |
25 | | Police for a hearing and relief from the prohibition, unless |
26 | | the prohibition was based upon a forcible felony, stalking, |
|
| | HB4530 | - 238 - | LRB102 21798 RLC 30918 b |
|
|
1 | | aggravated stalking, domestic battery, any violation of the |
2 | | Illinois Controlled Substances Act, the Methamphetamine |
3 | | Control and Community Protection Act, or the Cannabis Control |
4 | | Act that is classified as a Class 2 or greater felony, any |
5 | | felony violation of Article 24 of the Criminal Code of 1961 or |
6 | | the Criminal Code of 2012, or any adjudication as a delinquent |
7 | | minor for the commission of an offense that if committed by an |
8 | | adult would be a felony, in which case the person may petition |
9 | | the circuit court in writing in the county of his or her |
10 | | residence for a hearing and relief from the prohibition. The |
11 | | Director or court may grant the relief if it is established by |
12 | | the petitioner to the court's or Director's satisfaction that: |
13 | | (1) when in the circuit court, the State's Attorney |
14 | | has been served with a written copy of the petition at |
15 | | least 30 days before any hearing in the circuit court and |
16 | | at the hearing the State's Attorney was afforded an |
17 | | opportunity to present evidence and object to the |
18 | | petition; |
19 | | (2) the petitioner has not been convicted of a
|
20 | | forcible felony under the laws of this State or any other |
21 | | jurisdiction within 20 years of the filing of the |
22 | | petition, or at least 20 years have passed since the end of |
23 | | any period of imprisonment imposed in relation to that |
24 | | conviction; |
25 | | (3) the circumstances regarding a criminal
conviction, |
26 | | where applicable, the petitioner's criminal history and |
|
| | HB4530 | - 239 - | LRB102 21798 RLC 30918 b |
|
|
1 | | his reputation are such that the petitioner will not be |
2 | | likely to act in a manner dangerous to public safety; |
3 | | (4) granting relief would not be contrary to the
|
4 | | public interest; and |
5 | | (5) granting relief would not be contrary to federal
|
6 | | law. |
7 | | (b) Sentence.
|
8 | | Unlawful possession of firearms, other than handguns, and |
9 | | firearm
ammunition is a Class A misdemeanor. Unlawful |
10 | | possession of handguns is a
Class 4 felony. The possession of |
11 | | each firearm or firearm ammunition in violation of this |
12 | | Section constitutes a single and separate violation.
|
13 | | (c) Nothing in paragraph (1) of subsection (a) of this |
14 | | Section prohibits
a person under 18 years of age from |
15 | | participating in any lawful recreational
activity with a |
16 | | firearm such as, but not limited to, practice shooting at
|
17 | | targets upon established public or private target ranges or |
18 | | hunting, trapping,
or fishing in accordance with the Wildlife |
19 | | Code or the Fish and Aquatic Life
Code.
|
20 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
21 | | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
|
22 | | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
|
23 | | (a) A person
commits the offense of unlawful discharge of |
24 | | firearm projectiles when he
or she knowingly
or recklessly |
25 | | uses an armor piercing bullet, dragon's
breath shotgun shell, |
|
| | HB4530 | - 240 - | LRB102 21798 RLC 30918 b |
|
|
1 | | bolo shell, or flechette
shell
in violation of
this Section.
|
2 | | For purposes of this Section:
|
3 | | "Armor piercing bullet" means
any handgun bullet or |
4 | | handgun ammunition with projectiles or projectile cores
|
5 | | constructed entirely (excluding the presence of traces of |
6 | | other substances)
from tungsten alloys, steel, iron, brass, |
7 | | bronze, beryllium copper
or depleted uranium, or fully |
8 | | jacketed bullets larger than 22 caliber whose
jacket
has a |
9 | | weight of more than 25% of the total weight of the projectile, |
10 | | and
excluding those handgun
projectiles whose cores are |
11 | | composed of soft materials such as lead or lead
alloys, zinc or |
12 | | zinc alloys, frangible projectiles designed primarily for
|
13 | | sporting purposes, and any
other projectiles or projectile |
14 | | cores that the U. S. Secretary of the Treasury
finds to be |
15 | | primarily intended to be used for sporting purposes or |
16 | | industrial
purposes or that otherwise does not constitute |
17 | | "armor piercing ammunition" as
that term is defined by federal |
18 | | law.
|
19 | | "Dragon's breath shotgun shell" means any shotgun shell |
20 | | that contains
exothermic pyrophoric mesh metal as the |
21 | | projectile and is designed for the
purpose of throwing or |
22 | | spewing a flame or fireball to simulate a flame-thrower.
|
23 | | "Bolo shell" means any shell that can be fired in a firearm |
24 | | and expels as
projectiles 2 or more metal balls connected by |
25 | | solid metal wire.
|
26 | | "Flechette shell" means any shell that can be fired in a |
|
| | HB4530 | - 241 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearm and expels
2 or more pieces of fin-stabilized solid |
2 | | metal wire or 2 or more solid
dart-type
projectiles.
|
3 | | (b) A person commits a Class X felony when he or she, |
4 | | knowing that a
firearm ,
as defined in Section
1.1 of the |
5 | | Firearm Owners Identification Card
Act, is loaded with an |
6 | | armor
piercing bullet, dragon's breath shotgun shell, bolo
|
7 | | shell, or flechette
shell,
intentionally or recklessly |
8 | | discharges such firearm and such bullet or
shell strikes
any |
9 | | other person.
|
10 | | (c) Any person who possesses, concealed on or about his or |
11 | | her person,
an armor
piercing bullet, dragon's breath shotgun |
12 | | shell, bolo
shell, or flechette
shell
and a firearm suitable |
13 | | for the discharge thereof is guilty
of a Class 2 felony.
|
14 | | (d) This Section does not apply to or affect any of the |
15 | | following:
|
16 | | (1) Peace officers;
|
17 | | (2) Wardens, superintendents and keepers of prisons, |
18 | | penitentiaries, jails
and other institutions for the |
19 | | detention of persons accused or convicted of an
offense;
|
20 | | (3) Members of the Armed Services or Reserve Forces of |
21 | | the United States
or the Illinois National Guard while in |
22 | | the performance of their official
duties;
|
23 | | (4) Federal officials required to carry firearms, |
24 | | while engaged in the
performance of their official duties;
|
25 | | (5) United States Marshals, while engaged in the |
26 | | performance of their
official duties.
|
|
| | HB4530 | - 242 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 92-423, eff. 1-1-02.)
|
2 | | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
|
3 | | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
|
4 | | (a) It shall be unlawful for any person who holds a license |
5 | | to sell at
retail any alcoholic liquor issued by the Illinois |
6 | | Liquor Control
Commission or local liquor control commissioner |
7 | | under the Liquor Control Act
of 1934 or an agent or employee of |
8 | | the licensee to sell or deliver to any
other person a firearm |
9 | | in or on the real property of the establishment
where the |
10 | | licensee is licensed to sell alcoholic liquors unless the sale |
11 | | or
delivery of the firearm is otherwise lawful under this |
12 | | Article and under the
Firearm Owners Identification Card Act .
|
13 | | (b) Sentence. A violation of subsection (a) of this |
14 | | Section is a
Class 4 felony.
|
15 | | (Source: P.A. 87-591.)
|
16 | | (720 ILCS 5/24-3.5)
|
17 | | Sec. 24-3.5. Unlawful purchase of a firearm.
|
18 | | (a) For purposes of this Section,
"firearms transaction |
19 | | record form" means a form:
|
20 | | (1) executed by a transferee
of a firearm stating: (i) |
21 | | the transferee's name and address (including county
or |
22 | | similar political subdivision); (ii) whether the |
23 | | transferee is a citizen of
the United States;
(iii) the |
24 | | transferee's State of residence; and (iv) the date and |
|
| | HB4530 | - 243 - | LRB102 21798 RLC 30918 b |
|
|
1 | | place of
birth, height, weight, and race of the |
2 | | transferee; and
|
3 | | (2) on which the transferee certifies that he or she |
4 | | is not
prohibited by federal law from transporting or |
5 | | shipping a firearm
in interstate or foreign commerce or |
6 | | receiving a firearm that has been shipped
or transported |
7 | | in interstate or foreign commerce or possessing a firearm |
8 | | in or
affecting commerce.
|
9 | | (b) A person commits the offense of unlawful purchase of a |
10 | | firearm who
knowingly purchases or attempts to purchase a
|
11 | | firearm with the intent to deliver that firearm to another |
12 | | person who
is prohibited by federal or State law from |
13 | | possessing a firearm.
|
14 | | (c) A person commits the offense of unlawful purchase of a |
15 | | firearm when he
or she, in purchasing or attempting to |
16 | | purchase a firearm, intentionally
provides false or
misleading |
17 | | information on a United States Department of the Treasury, |
18 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
19 | | record form.
|
20 | | (d) Exemption. It is not a violation of subsection (b) of |
21 | | this Section for a
person to make a gift or loan of a firearm |
22 | | to a
person who is not
prohibited by federal or State law from |
23 | | possessing a firearm
if the transfer of the firearm
is made in |
24 | | accordance with Section 3 of the Firearm Owners Identification |
25 | | Card
Act .
|
26 | | (e) Sentence.
|
|
| | HB4530 | - 244 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) A person who commits the offense of unlawful |
2 | | purchase of a
firearm:
|
3 | | (A) is guilty of a Class 2 felony for purchasing or |
4 | | attempting to
purchase one firearm;
|
5 | | (B) is guilty of a Class 1 felony for purchasing or |
6 | | attempting to
purchase not less than 2
firearms and |
7 | | not more than 5 firearms at the same time or within a |
8 | | one
year period;
|
9 | | (C) is guilty of a Class X felony for which the |
10 | | offender shall be sentenced to a term of imprisonment |
11 | | of not less than 9 years and not more than 40 years for |
12 | | purchasing or attempting to
purchase not less than 6
|
13 | | firearms at the same time or within a 2
year period.
|
14 | | (2) In addition to any other penalty that may be |
15 | | imposed for a violation
of this Section, the court may |
16 | | sentence a person convicted of a violation of
subsection |
17 | | (c) of this Section to a fine not to exceed $250,000 for |
18 | | each
violation.
|
19 | | (f) A prosecution for unlawful purchase of a firearm may |
20 | | be commenced within 6 years after the commission of the |
21 | | offense.
|
22 | | (Source: P.A. 95-882, eff. 1-1-09.)
|
23 | | (720 ILCS 5/24-3B) |
24 | | Sec. 24-3B. Firearms trafficking. |
25 | | (a) A person commits firearms trafficking when he or she |
|
| | HB4530 | - 245 - | LRB102 21798 RLC 30918 b |
|
|
1 | | is prohibited under federal or State law from possessing a
|
2 | | firearm has not been issued a currently valid Firearm Owner's |
3 | | Identification Card and knowingly: |
4 | | (1) brings, or causes to be brought, into this State, |
5 | | a firearm or firearm ammunition for the purpose of sale, |
6 | | delivery, or transfer to any other person or with the |
7 | | intent to sell, deliver, or transfer the firearm or |
8 | | firearm ammunition to any other person; or |
9 | | (2) brings, or causes to be brought, into this State, |
10 | | a firearm and firearm ammunition for the purpose of sale, |
11 | | delivery, or transfer to any other person or with the |
12 | | intent to sell, deliver, or transfer the firearm and |
13 | | firearm ammunition to any other person. |
14 | | (a-5) (Blank). This Section does not apply to: |
15 | | (1) a person exempt under Section 2 of the Firearm |
16 | | Owners Identification Card Act from the requirement of |
17 | | having possession of a Firearm Owner's Identification Card |
18 | | previously issued in his or her name by the Illinois State |
19 | | Police in order to acquire or possess a firearm or firearm |
20 | | ammunition; |
21 | | (2) a common carrier under subsection (i) of Section |
22 | | 24-2 of this Code; or |
23 | | (3) a non-resident who may lawfully possess a firearm |
24 | | in his or her resident state. |
25 | | (b) Sentence. |
26 | | (1) Firearms trafficking is a Class 1 felony for which |
|
| | HB4530 | - 246 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the person, if sentenced to a term of imprisonment, shall |
2 | | be sentenced to not less than 4 years and not more than 20 |
3 | | years. |
4 | | (2) Firearms trafficking by a person who has been |
5 | | previously convicted of firearms trafficking, gunrunning, |
6 | | or a felony offense for the unlawful sale, delivery, or |
7 | | transfer of a firearm or firearm ammunition in this State |
8 | | or another jurisdiction is a Class X felony.
|
9 | | (Source: P.A. 102-538, eff. 8-20-21.) |
10 | | (720 ILCS 5/24-4.1)
|
11 | | Sec. 24-4.1. Report of lost or stolen firearms.
|
12 | | (a) If a person who possesses a valid Firearm Owner's |
13 | | Identification Card and who possesses or acquires a firearm |
14 | | thereafter loses the firearm, or if the firearm is stolen from |
15 | | the person, the person must report the loss or theft to the |
16 | | local law enforcement agency within 72 hours after obtaining |
17 | | knowledge of the loss or theft. |
18 | | (b) A law enforcement agency having jurisdiction shall |
19 | | take a written report and shall, as soon as practical, enter |
20 | | the firearm's serial number as stolen into the Law Enforcement |
21 | | Agencies Data System (LEADS). |
22 | | (c) A person shall not be in violation of this Section if: |
23 | | (1) the failure to report is due to an act of God, act |
24 | | of war, or inability of a law enforcement agency to |
25 | | receive the report; |
|
| | HB4530 | - 247 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (2) the person is hospitalized, in a coma, or is |
2 | | otherwise seriously physically or mentally impaired as to |
3 | | prevent the person from reporting; or |
4 | | (3) the person's designee makes a report if the person |
5 | | is unable to make the report. |
6 | | (d) Sentence. A person who violates this Section is guilty |
7 | | of a petty offense for a first violation. A second or |
8 | | subsequent violation of this Section is a Class A misdemeanor.
|
9 | | (Source: P.A. 98-508, eff. 8-19-13.) |
10 | | (720 ILCS 5/24-4.5 new)
|
11 | | Sec. 24-4.5. Dial up system. |
12 | | (a) The Illinois State Police shall provide
a dial up |
13 | | telephone system or utilize other existing technology which |
14 | | shall be used by any federally licensed
firearm dealer, gun |
15 | | show promoter, or gun show vendor who is to transfer a firearm, |
16 | | stun gun, or taser under the provisions of this
Code. The |
17 | | Illinois State Police may utilize existing technology which
|
18 | | allows the caller to be charged a fee not to exceed $2. Fees |
19 | | collected by the Illinois
State Police shall be deposited in |
20 | | the State Police Services Fund and used
to provide the |
21 | | service. |
22 | | (b) Upon receiving a request from a federally licensed |
23 | | firearm dealer, gun show promoter, or gun show vendor, the
|
24 | | Illinois State Police shall immediately approve, or within the |
25 | | time
period established by Section 24-3 of this Code regarding
|
|
| | HB4530 | - 248 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the delivery of firearms, stun guns, and tasers notify the |
2 | | inquiring dealer, gun show promoter, or gun show vendor of any |
3 | | objection that
would disqualify the transferee from acquiring |
4 | | or possessing a firearm, stun gun, or taser. In
conducting the |
5 | | inquiry, the Illinois State Police shall initiate and
complete |
6 | | an automated search of its criminal history record information
|
7 | | files and those of the Federal Bureau of Investigation, |
8 | | including the
National Instant Criminal Background Check |
9 | | System, and of the files of
the Department of Human Services |
10 | | relating to mental health and
developmental disabilities to |
11 | | obtain
any felony conviction or patient hospitalization |
12 | | information which would
disqualify a person from obtaining a |
13 | | firearm. |
14 | | (c) If receipt of a firearm would not violate Section 24-3 |
15 | | of this Code or federal law, the Illinois State Police shall:
|
16 | | (1) assign a unique identification number to the |
17 | | transfer; and |
18 | | (2) provide the licensee, gun show promoter, or gun |
19 | | show vendor with the number. |
20 | | (d) Approvals issued by the Illinois State Police for the |
21 | | purchase of a firearm are valid for 30 days from the date of |
22 | | issue.
|
23 | | (e)(1) The Illinois State Police must act as the Illinois |
24 | | Point of Contact
for the National Instant Criminal Background |
25 | | Check System. |
26 | | (2) The Illinois State Police and the Department of Human |
|
| | HB4530 | - 249 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Services shall, in accordance with State and federal law |
2 | | regarding confidentiality, enter into a memorandum of |
3 | | understanding with the Federal Bureau of Investigation for the |
4 | | purpose of implementing the National Instant Criminal |
5 | | Background Check System in the State. The Department of State |
6 | | Police shall report the name, date of birth, and physical |
7 | | description of any person prohibited from possessing a firearm |
8 | | under this Code or 18 U.S.C. 922(g) and (n) to the National |
9 | | Instant Criminal Background Check System Index, Denied Persons |
10 | | Files. |
11 | | (f) The Illinois State Police shall adopt rules not |
12 | | inconsistent with this Section to implement this
system.
|
13 | | (720 ILCS 5/24-9)
|
14 | | Sec. 24-9. Firearms; Child Protection.
|
15 | | (a) Except as provided in
subsection (c), it is unlawful
|
16 | | for any person to
store or leave, within premises under his or |
17 | | her control, a firearm if
the
person knows or has reason to |
18 | | believe that a minor under the age of 14
years who does not |
19 | | have a Firearm Owners Identification Card is likely to gain
|
20 | | access to the firearm without the lawful permission
of the |
21 | | person possessing the firearm, minor's parent, guardian, or |
22 | | person having charge of the minor, and
the minor causes death |
23 | | or great bodily harm with the firearm, unless
the firearm is:
|
24 | | (1) secured by a device or mechanism, other than the |
25 | | firearm safety,
designed to render a firearm temporarily |
|
| | HB4530 | - 250 - | LRB102 21798 RLC 30918 b |
|
|
1 | | inoperable; or
|
2 | | (2) placed in a securely locked box or container; or
|
3 | | (3) placed in some other location that a reasonable |
4 | | person would
believe to be secure from a minor under the |
5 | | age of 14 years.
|
6 | | (b) Sentence. A person who violates this Section is guilty |
7 | | of a Class C
misdemeanor and shall be fined not less than |
8 | | $1,000. A second or subsequent
violation of this Section is a |
9 | | Class A misdemeanor.
|
10 | | (c) Subsection (a) does not apply:
|
11 | | (1) if the minor under 14 years of age gains access to |
12 | | a
firearm and uses it in a lawful act of self-defense or |
13 | | defense of another; or
|
14 | | (2) to any firearm obtained by a minor under the age of |
15 | | 14 because of
an unlawful entry of the premises by the |
16 | | minor or another person.
|
17 | | (d) (Blank). For the purposes of this Section, "firearm" |
18 | | has the meaning ascribed
to it in Section
1.1 of the Firearm |
19 | | Owners Identification Card Act.
|
20 | | (Source: P.A. 91-18, eff. 1-1-00.)
|
21 | | Section 80. The Methamphetamine Control and Community |
22 | | Protection Act is amended by changing Section 10 as follows: |
23 | | (720 ILCS 646/10)
|
24 | | Sec. 10. Definitions. As used in this Act: |
|
| | HB4530 | - 251 - | LRB102 21798 RLC 30918 b |
|
|
1 | | "Anhydrous ammonia" has the meaning provided in subsection |
2 | | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
|
3 | | "Anhydrous ammonia equipment" means all items used to |
4 | | store, hold, contain, handle, transfer, transport, or apply |
5 | | anhydrous ammonia for lawful purposes.
|
6 | | "Booby trap" means any device designed to cause physical |
7 | | injury when triggered by an act of a person approaching, |
8 | | entering, or moving through a structure, a vehicle, or any |
9 | | location where methamphetamine has been manufactured, is being |
10 | | manufactured, or is intended to be manufactured.
|
11 | | "Deliver" or "delivery" has the meaning provided in |
12 | | subsection (h) of Section 102 of the Illinois Controlled |
13 | | Substances Act.
|
14 | | "Director" means the Director of the Illinois State Police |
15 | | or the Director's designated agents.
|
16 | | "Dispose" or "disposal" means to abandon, discharge, |
17 | | release, deposit, inject, dump, spill, leak, or place |
18 | | methamphetamine waste onto or into any land, water, or well of |
19 | | any type so that the waste has the potential to enter the |
20 | | environment, be emitted into the air, or be discharged into |
21 | | the soil or any waters, including groundwater.
|
22 | | "Emergency response" means the act of collecting evidence |
23 | | from or securing a methamphetamine laboratory site, |
24 | | methamphetamine waste site or other methamphetamine-related |
25 | | site and cleaning up the site, whether these actions are |
26 | | performed by public entities or private contractors paid by |
|
| | HB4530 | - 252 - | LRB102 21798 RLC 30918 b |
|
|
1 | | public entities.
|
2 | | "Emergency service provider" means a local, State, or |
3 | | federal peace officer, firefighter, emergency medical |
4 | | technician-ambulance, emergency
medical |
5 | | technician-intermediate, emergency medical |
6 | | technician-paramedic, ambulance driver, or other medical or |
7 | | first aid personnel rendering aid, or any agent or designee of |
8 | | the foregoing.
|
9 | | "Finished methamphetamine" means methamphetamine in a form |
10 | | commonly used for personal consumption. |
11 | | "Firearm" has the meaning provided in Section 2-7.5 of the |
12 | | Criminal Code of 2012 1.1 of the Firearm Owners Identification |
13 | | Card Act .
|
14 | | "Manufacture" means to produce, prepare, compound, |
15 | | convert, process, synthesize, concentrate, purify, separate, |
16 | | extract, or package any methamphetamine, methamphetamine |
17 | | precursor, methamphetamine manufacturing catalyst, |
18 | | methamphetamine manufacturing reagent, methamphetamine |
19 | | manufacturing solvent, or any substance containing any of the |
20 | | foregoing.
|
21 | | "Methamphetamine" means the chemical methamphetamine (a |
22 | | Schedule II controlled substance under the Illinois Controlled |
23 | | Substances Act) or any salt, optical isomer, salt of optical |
24 | | isomer, or analog thereof, with the exception of |
25 | | 3,4-Methylenedioxymethamphetamine (MDMA) or any other |
26 | | scheduled substance with a separate listing under the Illinois |
|
| | HB4530 | - 253 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Controlled Substances Act. |
2 | | "Methamphetamine manufacturing catalyst" means any |
3 | | substance that has been used, is being used, or is intended to |
4 | | be used to activate, accelerate, extend, or improve a chemical |
5 | | reaction involved in the manufacture of methamphetamine.
|
6 | | "Methamphetamine manufacturing environment" means a |
7 | | structure or vehicle in which:
|
8 | | (1) methamphetamine is being or has been manufactured;
|
9 | | (2) chemicals that are being used, have been used, or |
10 | | are intended to be used to manufacture methamphetamine are |
11 | | stored;
|
12 | | (3) methamphetamine manufacturing materials that have |
13 | | been used to manufacture methamphetamine are stored; or
|
14 | | (4) methamphetamine manufacturing waste is stored.
|
15 | | "Methamphetamine manufacturing material" means any |
16 | | methamphetamine precursor, substance containing any |
17 | | methamphetamine precursor, methamphetamine manufacturing |
18 | | catalyst, substance containing any methamphetamine |
19 | | manufacturing catalyst, methamphetamine manufacturing |
20 | | reagent, substance containing any methamphetamine |
21 | | manufacturing reagent, methamphetamine manufacturing solvent, |
22 | | substance containing any methamphetamine manufacturing |
23 | | solvent, or any other chemical, substance, ingredient, |
24 | | equipment, apparatus, or item that is being used, has been |
25 | | used, or is intended to be used in the manufacture of |
26 | | methamphetamine.
|
|
| | HB4530 | - 254 - | LRB102 21798 RLC 30918 b |
|
|
1 | | "Methamphetamine manufacturing reagent" means any |
2 | | substance other than a methamphetamine manufacturing catalyst |
3 | | that has been used, is being used, or is intended to be used to |
4 | | react with and chemically alter any methamphetamine precursor. |
5 | | "Methamphetamine manufacturing solvent" means any |
6 | | substance that has been used, is being used, or is intended to |
7 | | be used as a medium in which any methamphetamine precursor, |
8 | | methamphetamine manufacturing catalyst, methamphetamine |
9 | | manufacturing reagent, or any substance containing any of the |
10 | | foregoing is dissolved, diluted, or washed during any part of |
11 | | the methamphetamine manufacturing process.
|
12 | | "Methamphetamine manufacturing waste" means any chemical, |
13 | | substance, ingredient, equipment, apparatus, or item that is |
14 | | left over from, results from, or is produced by the process of |
15 | | manufacturing methamphetamine, other than finished |
16 | | methamphetamine.
|
17 | | "Methamphetamine precursor" means ephedrine, |
18 | | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, |
19 | | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical |
20 | | isomer, or salt of an optical isomer of any of these chemicals.
|
21 | | "Multi-unit dwelling" means a unified structure used or |
22 | | intended for use as a habitation, home, or residence that |
23 | | contains 2 or more condominiums, apartments, hotel rooms, |
24 | | motel rooms, or other living units.
|
25 | | "Package" means an item marked for retail sale that is not |
26 | | designed to be further broken down or subdivided for the |
|
| | HB4530 | - 255 - | LRB102 21798 RLC 30918 b |
|
|
1 | | purpose of retail sale.
|
2 | | "Participate" or "participation" in the manufacture of |
3 | | methamphetamine means to produce, prepare, compound, convert, |
4 | | process, synthesize, concentrate, purify, separate, extract, |
5 | | or package any methamphetamine, methamphetamine precursor, |
6 | | methamphetamine manufacturing catalyst, methamphetamine |
7 | | manufacturing reagent, methamphetamine manufacturing solvent, |
8 | | or any substance containing any of the foregoing, or to assist |
9 | | in any of these actions, or to attempt to take any of these |
10 | | actions, regardless of whether this action or these actions |
11 | | result in the production of finished methamphetamine.
|
12 | | "Person with a disability" means a person who suffers from |
13 | | a permanent physical or mental impairment resulting from |
14 | | disease, injury, functional disorder, or congenital condition |
15 | | which renders the person incapable of adequately providing for |
16 | | his or her own health and personal care.
|
17 | | "Procure" means to purchase, steal, gather, or otherwise |
18 | | obtain, by legal or illegal means, or to cause another to take |
19 | | such action.
|
20 | | "Second or subsequent offense" means an offense under this |
21 | | Act committed by an offender who previously committed an |
22 | | offense under this Act, the Illinois Controlled Substances |
23 | | Act, the Cannabis Control Act, or another Act of this State, |
24 | | another state, or the United States relating to |
25 | | methamphetamine, cannabis, or any other controlled substance.
|
26 | | "Standard dosage form", as used in relation to any |
|
| | HB4530 | - 256 - | LRB102 21798 RLC 30918 b |
|
|
1 | | methamphetamine precursor, means that the methamphetamine |
2 | | precursor is contained in a pill, tablet, capsule, caplet, gel |
3 | | cap, or liquid cap that has been manufactured by a lawful |
4 | | entity and contains a standard quantity of methamphetamine |
5 | | precursor.
|
6 | | "Unauthorized container", as used in relation to anhydrous |
7 | | ammonia, means any container that is not designed for the |
8 | | specific and sole purpose of holding, storing, transporting, |
9 | | or applying anhydrous ammonia. "Unauthorized container" |
10 | | includes, but is not limited to, any propane tank, fire |
11 | | extinguisher, oxygen cylinder, gasoline can, food or beverage |
12 | | cooler, or compressed gas cylinder used in dispensing fountain |
13 | | drinks. "Unauthorized container" does not encompass anhydrous |
14 | | ammonia manufacturing plants, refrigeration systems
where |
15 | | anhydrous ammonia is used solely as a refrigerant, anhydrous |
16 | | ammonia transportation pipelines, anhydrous ammonia tankers, |
17 | | or anhydrous ammonia barges.
|
18 | | (Source: P.A. 102-538, eff. 8-20-21.) |
19 | | Section 85. The Code of Criminal Procedure of 1963 is |
20 | | amended by changing Sections 102-7.1, 110-10, 112A-11.1, |
21 | | 112A-11.2, 112A-14, and 112A-14.7 as follows: |
22 | | (725 ILCS 5/102-7.1) |
23 | | Sec. 102-7.1. "Category A offense". "Category A offense" |
24 | | means a Class 1 felony, Class 2 felony, Class X felony, first |
|
| | HB4530 | - 257 - | LRB102 21798 RLC 30918 b |
|
|
1 | | degree murder, a violation of Section 11-204 of the Illinois |
2 | | Vehicle Code, a second or subsequent violation of Section |
3 | | 11-501 of the Illinois Vehicle Code, a violation of subsection |
4 | | (d) of Section 11-501 of the Illinois Vehicle Code, a |
5 | | violation of Section 11-401 of the Illinois Vehicle Code if |
6 | | the accident results in injury and the person failed to report |
7 | | the accident within 30 minutes, a violation of Section 9-3, |
8 | | 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, |
9 | | 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, |
10 | | 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, |
11 | | 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a |
12 | | second or subsequent violation of 12-3.2 or 12-3.4 of the |
13 | | Criminal Code of 2012, a violation of paragraph (5) or (6) of |
14 | | subsection (b) of Section 10-9 of the Criminal Code of 2012, a |
15 | | violation of subsection (b) or (c) or paragraph (1) or (2) of |
16 | | subsection (a) of Section 11-1.50 of the Criminal Code of |
17 | | 2012, a violation of Section 12-7 of the Criminal Code of 2012 |
18 | | if the defendant inflicts bodily harm on the victim to obtain a |
19 | | confession, statement, or information, a violation of Section |
20 | | 12-7.5 of the Criminal Code of 2012 if the action results in |
21 | | bodily harm, a violation of paragraph (3) of subsection (b) of |
22 | | Section 17-2 of the Criminal Code of 2012, a violation of |
23 | | subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of |
24 | | 2012, a violation of paragraph (6) of subsection (a) of |
25 | | Section 24-1 of the Criminal Code of 2012, a first violation of |
26 | | Section 24-1.6 of the Criminal Code of 2012 by a person 18 |
|
| | HB4530 | - 258 - | LRB102 21798 RLC 30918 b |
|
|
1 | | years of age or older where the factors listed in both items |
2 | | (A) and (C) or both items (A-5) and (C) of paragraph (3) of |
3 | | subsection (a) of Section 24-1.6 of the Criminal Code of 2012 |
4 | | are present, a Class 3 felony violation of paragraph (1) of
|
5 | | subsection (a) of Section 2 of the Firearm Owners |
6 | | Identification Card Act committed before the effective date of |
7 | | this amendatory Act of the 102nd General Assembly , or a |
8 | | violation of Section 10 of the Sex Offender Registration Act.
|
9 | | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
|
10 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
11 | | (Text of Section before amendment by P.A. 101-652 )
|
12 | | Sec. 110-10. Conditions of bail bond.
|
13 | | (a) If a person is released prior to conviction, either |
14 | | upon payment of
bail security or on his or her own |
15 | | recognizance, the conditions of the bail
bond shall be that he |
16 | | or she will:
|
17 | | (1) Appear to answer the charge in the court having |
18 | | jurisdiction on
a day certain and thereafter as ordered by |
19 | | the court until discharged or
final order of the court;
|
20 | | (2) Submit himself or herself to the orders and |
21 | | process of the court;
|
22 | | (3) Not depart this State without leave of the court;
|
23 | | (4) Not violate any criminal statute of any |
24 | | jurisdiction;
|
25 | | (5) At a time and place designated by the court, |
|
| | HB4530 | - 259 - | LRB102 21798 RLC 30918 b |
|
|
1 | | surrender all firearms
in his or her possession to a law |
2 | | enforcement officer designated by the court
to take |
3 | | custody of and impound the firearms
and physically
|
4 | | surrender his or her Firearm Owner's Identification Card |
5 | | to the clerk of the
circuit court
when the offense the |
6 | | person has
been charged with is a forcible felony, |
7 | | stalking, aggravated stalking, domestic
battery, any |
8 | | violation of the Illinois Controlled Substances Act, the |
9 | | Methamphetamine Control and Community Protection Act, or |
10 | | the
Cannabis Control Act that is classified as a Class 2 or |
11 | | greater felony, or any
felony violation of Article 24 of |
12 | | the Criminal Code of 1961 or the Criminal Code of 2012; the |
13 | | court
may,
however, forgo the imposition of this condition |
14 | | when the
circumstances of the
case clearly do not warrant |
15 | | it or when its imposition would be
impractical;
if the |
16 | | Firearm Owner's Identification Card is confiscated, the |
17 | | clerk of the circuit court shall mail the confiscated card |
18 | | to the Illinois State Police; all legally possessed |
19 | | firearms shall be returned to the person upon
the charges |
20 | | being dismissed, or if the person is found not guilty, |
21 | | unless the
finding of not guilty is by reason of insanity; |
22 | | and
|
23 | | (6) At a time and place designated by the court, |
24 | | submit to a
psychological
evaluation when the person has |
25 | | been charged with a violation of item (4) of
subsection
|
26 | | (a) of Section 24-1 of the Criminal Code of 1961 or the |
|
| | HB4530 | - 260 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Criminal Code of 2012 and that violation occurred in
a |
2 | | school
or in any conveyance owned, leased, or contracted |
3 | | by a school to transport
students to or
from school or a |
4 | | school-related activity, or on any public way within 1,000
|
5 | | feet of real
property comprising any school.
|
6 | | Psychological evaluations ordered pursuant to this Section |
7 | | shall be completed
promptly
and made available to the State, |
8 | | the defendant, and the court. As a further
condition of bail |
9 | | under
these circumstances, the court shall order the defendant |
10 | | to refrain from
entering upon the
property of the school, |
11 | | including any conveyance owned, leased, or contracted
by a |
12 | | school to
transport students to or from school or a |
13 | | school-related activity, or on any public way within
1,000 |
14 | | feet of real property comprising any school. Upon receipt of |
15 | | the psychological evaluation,
either the State or the |
16 | | defendant may request a change in the conditions of bail, |
17 | | pursuant to
Section 110-6 of this Code. The court may change |
18 | | the conditions of bail to include a
requirement that the |
19 | | defendant follow the recommendations of the psychological |
20 | | evaluation,
including undergoing psychiatric treatment. The |
21 | | conclusions of the
psychological evaluation and
any statements |
22 | | elicited from the defendant during its administration are not
|
23 | | admissible as evidence
of guilt during the course of any trial |
24 | | on the charged offense, unless the
defendant places his or her
|
25 | | mental competency in issue.
|
26 | | (b) The court may impose other conditions, such as the |
|
| | HB4530 | - 261 - | LRB102 21798 RLC 30918 b |
|
|
1 | | following, if the
court finds that such conditions are |
2 | | reasonably necessary to assure the
defendant's appearance in |
3 | | court, protect the public from the defendant, or
prevent the |
4 | | defendant's unlawful interference with the orderly |
5 | | administration
of justice:
|
6 | | (1) Report to or appear in person before such person |
7 | | or agency as the
court may direct;
|
8 | | (2) Refrain from possessing a firearm or other |
9 | | dangerous weapon;
|
10 | | (3) Refrain from approaching or communicating with |
11 | | particular persons or
classes of persons;
|
12 | | (4) Refrain from going to certain described |
13 | | geographical areas or
premises;
|
14 | | (5) Refrain from engaging in certain activities or |
15 | | indulging in
intoxicating liquors or in certain drugs;
|
16 | | (6) Undergo treatment for drug addiction or |
17 | | alcoholism;
|
18 | | (7) Undergo medical or psychiatric treatment;
|
19 | | (8) Work or pursue a course of study or vocational |
20 | | training;
|
21 | | (9) Attend or reside in a facility designated by the |
22 | | court;
|
23 | | (10) Support his or her dependents;
|
24 | | (11) If a minor resides with his or her parents or in a |
25 | | foster home,
attend school, attend a non-residential |
26 | | program for youths, and contribute
to his or her own |
|
| | HB4530 | - 262 - | LRB102 21798 RLC 30918 b |
|
|
1 | | support at home or in a foster home;
|
2 | | (12) Observe any curfew ordered by the court;
|
3 | | (13) Remain in the custody of such designated person |
4 | | or organization
agreeing to supervise his release. Such |
5 | | third party custodian shall be
responsible for notifying |
6 | | the court if the defendant fails to observe the
conditions |
7 | | of release which the custodian has agreed to monitor, and |
8 | | shall
be subject to contempt of court for failure so to |
9 | | notify the court;
|
10 | | (14) Be placed under direct supervision of the |
11 | | Pretrial Services
Agency, Probation Department or Court |
12 | | Services Department in a pretrial
bond home supervision |
13 | | capacity with or without the use of an approved
electronic |
14 | | monitoring device subject to Article 8A of Chapter V of |
15 | | the
Unified Code of Corrections;
|
16 | | (14.1) The court shall impose upon a defendant who is |
17 | | charged with any
alcohol, cannabis, methamphetamine, or |
18 | | controlled substance violation and is placed under
direct |
19 | | supervision of the Pretrial Services Agency, Probation |
20 | | Department or
Court Services Department in a pretrial bond |
21 | | home supervision capacity with
the use of an approved |
22 | | monitoring device, as a condition of such bail bond,
a fee |
23 | | that represents costs incidental to the electronic |
24 | | monitoring for each
day of such bail supervision ordered |
25 | | by the
court, unless after determining the inability of |
26 | | the defendant to pay the
fee, the court assesses a lesser |
|
| | HB4530 | - 263 - | LRB102 21798 RLC 30918 b |
|
|
1 | | fee or no fee as the case may be. The fee
shall be |
2 | | collected by the clerk of the circuit court, except as |
3 | | provided in an administrative order of the Chief Judge of |
4 | | the circuit court. The clerk of the
circuit court shall |
5 | | pay all monies collected from this fee to the county
|
6 | | treasurer for deposit in the substance abuse services fund |
7 | | under Section
5-1086.1 of the Counties Code, except as |
8 | | provided in an administrative order of the Chief Judge of |
9 | | the circuit court. |
10 | | The Chief Judge of the circuit court of the county may |
11 | | by administrative order establish a program for electronic |
12 | | monitoring of offenders with regard to drug-related and |
13 | | alcohol-related offenses, in which a vendor supplies and |
14 | | monitors the operation of the electronic monitoring |
15 | | device, and collects the fees on behalf of the county. The |
16 | | program shall include provisions for indigent offenders |
17 | | and the collection of unpaid fees. The program shall not |
18 | | unduly burden the offender and shall be subject to review |
19 | | by the Chief Judge. |
20 | | The Chief Judge of the circuit court may suspend any |
21 | | additional charges or fees for late payment, interest, or |
22 | | damage to any device;
|
23 | | (14.2) The court shall impose upon all defendants, |
24 | | including those
defendants subject to paragraph (14.1) |
25 | | above, placed under direct supervision
of the Pretrial |
26 | | Services Agency, Probation Department or Court Services
|
|
| | HB4530 | - 264 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Department in a pretrial bond home supervision capacity |
2 | | with the use of an
approved monitoring device, as a |
3 | | condition of such bail bond, a fee
which shall represent |
4 | | costs incidental to such
electronic monitoring for each |
5 | | day of such bail supervision ordered by the
court, unless |
6 | | after determining the inability of the defendant to pay |
7 | | the fee,
the court assesses a lesser fee or no fee as the |
8 | | case may be. The fee shall be
collected by the clerk of the |
9 | | circuit court, except as provided in an administrative |
10 | | order of the Chief Judge of the circuit court. The clerk of |
11 | | the circuit court
shall pay all monies collected from this |
12 | | fee to the county treasurer who shall
use the monies |
13 | | collected to defray the costs of corrections. The county
|
14 | | treasurer shall deposit the fee collected in the county |
15 | | working cash fund under
Section 6-27001 or Section 6-29002 |
16 | | of the Counties Code, as the case may
be, except as |
17 | | provided in an administrative order of the Chief Judge of |
18 | | the circuit court. |
19 | | The Chief Judge of the circuit court of the county may |
20 | | by administrative order establish a program for electronic |
21 | | monitoring of offenders with regard to drug-related and |
22 | | alcohol-related offenses, in which a vendor supplies and |
23 | | monitors the operation of the electronic monitoring |
24 | | device, and collects the fees on behalf of the county. The |
25 | | program shall include provisions for indigent offenders |
26 | | and the collection of unpaid fees. The program shall not |
|
| | HB4530 | - 265 - | LRB102 21798 RLC 30918 b |
|
|
1 | | unduly burden the offender and shall be subject to review |
2 | | by the Chief Judge. |
3 | | The Chief Judge of the circuit court may suspend any |
4 | | additional charges or fees for late payment, interest, or |
5 | | damage to any device;
|
6 | | (14.3) The Chief Judge of the Judicial Circuit may |
7 | | establish reasonable
fees to be paid by a person receiving |
8 | | pretrial services while under supervision
of a pretrial |
9 | | services agency, probation department, or court services
|
10 | | department. Reasonable fees may be charged for pretrial |
11 | | services
including, but not limited to, pretrial |
12 | | supervision, diversion programs,
electronic monitoring, |
13 | | victim impact services, drug and alcohol testing, DNA |
14 | | testing, GPS electronic monitoring, assessments and |
15 | | evaluations related to domestic violence and other |
16 | | victims, and
victim mediation services. The person |
17 | | receiving pretrial services may be
ordered to pay all |
18 | | costs incidental to pretrial services in accordance with |
19 | | his
or her ability to pay those costs;
|
20 | | (14.4) For persons charged with violating Section |
21 | | 11-501 of the Illinois
Vehicle Code, refrain from |
22 | | operating a motor vehicle not equipped with an
ignition |
23 | | interlock device, as defined in Section 1-129.1 of the |
24 | | Illinois
Vehicle Code,
pursuant to the rules promulgated |
25 | | by the Secretary of State for the
installation of ignition
|
26 | | interlock devices. Under this condition the court may |
|
| | HB4530 | - 266 - | LRB102 21798 RLC 30918 b |
|
|
1 | | allow a defendant who is
not
self-employed to operate a |
2 | | vehicle owned by the defendant's employer that is
not |
3 | | equipped with an ignition interlock device in the course |
4 | | and scope of the
defendant's employment;
|
5 | | (15) Comply with the terms and conditions of an order |
6 | | of protection
issued by the court under the Illinois |
7 | | Domestic Violence Act of 1986 or an
order of protection |
8 | | issued by the court of another state, tribe, or United
|
9 | | States territory;
|
10 | | (16) Under Section 110-6.5 comply with the conditions |
11 | | of the drug testing
program; and
|
12 | | (17) Such other reasonable conditions as the court may |
13 | | impose.
|
14 | | (c) When a person is charged with an offense under Section |
15 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
16 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012, involving a victim who is a
minor under |
18 | | 18 years of age living in the same household with the defendant
|
19 | | at the time of the offense, in granting bail or releasing the |
20 | | defendant on
his own recognizance, the judge shall impose |
21 | | conditions to restrict the
defendant's access to the victim |
22 | | which may include, but are not limited to
conditions that he |
23 | | will:
|
24 | | 1. Vacate the household.
|
25 | | 2. Make payment of temporary support to his |
26 | | dependents.
|
|
| | HB4530 | - 267 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 3. Refrain from contact or communication with the |
2 | | child victim, except
as ordered by the court.
|
3 | | (d) When a person is charged with a criminal offense and |
4 | | the victim is
a family or household member as defined in |
5 | | Article 112A, conditions shall
be imposed at the time of the |
6 | | defendant's release on bond that restrict the
defendant's |
7 | | access to the victim.
Unless provided otherwise by the court, |
8 | | the
restrictions shall include
requirements that the defendant |
9 | | do 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 |
17 | | standardized bond forms
for use in cases involving family or |
18 | | household members as defined in
Article 112A, including |
19 | | specific conditions of bond as provided in
subsection (d). |
20 | | Failure of any law enforcement department to develop or use
|
21 | | those forms shall in no way limit the applicability and |
22 | | enforcement of
subsections (d) and (f).
|
23 | | (f) If the defendant is admitted to bail after conviction |
24 | | the
conditions of the bail bond shall be that he will, in |
25 | | addition to the
conditions set forth in subsections (a) and |
26 | | (b) hereof:
|
|
| | HB4530 | - 268 - | LRB102 21798 RLC 30918 b |
|
|
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 |
6 | | the 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 |
11 | | defendant shall
physically surrender, at a time and place |
12 | | designated by the court,
any and all firearms in his or her |
13 | | possession and his or her Firearm Owner's
Identification Card |
14 | | as a condition of remaining on bond pending sentencing.
|
15 | | (h) In the event the defendant is unable to post bond, the |
16 | | court may impose a no contact provision with the victim or |
17 | | other interested party that shall be enforced while the |
18 | | defendant remains in custody. |
19 | | (Source: P.A. 101-138, eff. 1-1-20 .)
|
20 | | (Text of Section after amendment by P.A. 101-652 )
|
21 | | Sec. 110-10. Conditions of pretrial release.
|
22 | | (a) If a person is released prior to conviction, the |
23 | | conditions of pretrial release shall be that he or she will:
|
24 | | (1) Appear to answer the charge in the court having |
25 | | jurisdiction on
a day certain and thereafter as ordered by |
|
| | HB4530 | - 269 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the court until discharged or
final order of the court;
|
2 | | (2) Submit himself or herself to the orders and |
3 | | process of the court;
|
4 | | (3) (Blank);
|
5 | | (4) Not violate any criminal statute of any |
6 | | jurisdiction;
|
7 | | (5) At a time and place designated by the court, |
8 | | surrender all firearms
in his or her possession to a law |
9 | | enforcement officer designated by the court
to take |
10 | | custody of and impound the firearms
and physically
|
11 | | surrender his or her Firearm Owner's Identification Card |
12 | | to the clerk of the
circuit court
when the offense the |
13 | | person has
been charged with is a forcible felony, |
14 | | stalking, aggravated stalking, domestic
battery, any |
15 | | violation of the Illinois Controlled Substances Act, the |
16 | | Methamphetamine Control and Community Protection Act, or |
17 | | the
Cannabis Control Act that is classified as a Class 2 or |
18 | | greater felony, or any
felony violation of Article 24 of |
19 | | the Criminal Code of 1961 or the Criminal Code of 2012; the |
20 | | court
may,
however, forgo the imposition of this condition |
21 | | when the
circumstances of the
case clearly do not warrant |
22 | | it or when its imposition would be
impractical;
if the |
23 | | Firearm Owner's Identification Card is confiscated, the |
24 | | clerk of the circuit court shall mail the confiscated card |
25 | | to the Illinois State Police; all legally possessed |
26 | | firearms shall be returned to the person upon
the charges |
|
| | HB4530 | - 270 - | LRB102 21798 RLC 30918 b |
|
|
1 | | being dismissed, or if the person is found not guilty, |
2 | | unless the
finding of not guilty is by reason of insanity; |
3 | | and
|
4 | | (6) At a time and place designated by the court, |
5 | | submit to a
psychological
evaluation when the person has |
6 | | been charged with a violation of item (4) of
subsection
|
7 | | (a) of Section 24-1 of the Criminal Code of 1961 or the |
8 | | Criminal Code of 2012 and that violation occurred in
a |
9 | | school
or in any conveyance owned, leased, or contracted |
10 | | by a school to transport
students to or
from school or a |
11 | | school-related activity, or on any public way within 1,000
|
12 | | feet of real
property comprising any school.
|
13 | | Psychological evaluations ordered pursuant to this Section |
14 | | shall be completed
promptly
and made available to the State, |
15 | | the defendant, and the court. As a further
condition of |
16 | | pretrial release under
these circumstances, the court shall |
17 | | order the defendant to refrain from
entering upon the
property |
18 | | of the school, including any conveyance owned, leased, or |
19 | | contracted
by a school to
transport students to or from school |
20 | | or a school-related activity, or on any public way within
|
21 | | 1,000 feet of real property comprising any school. Upon |
22 | | receipt of the psychological evaluation,
either the State or |
23 | | the defendant may request a change in the conditions of |
24 | | pretrial release, pursuant to
Section 110-6 of this Code. The |
25 | | court may change the conditions of pretrial release to include |
26 | | a
requirement that the defendant follow the recommendations of |
|
| | HB4530 | - 271 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the psychological evaluation,
including undergoing psychiatric |
2 | | treatment. The conclusions of the
psychological evaluation and
|
3 | | any statements elicited from the defendant during its |
4 | | administration are not
admissible as evidence
of guilt during |
5 | | the course of any trial on the charged offense, unless the
|
6 | | defendant places his or her
mental competency in issue.
|
7 | | (b) The court may impose other conditions, such as the |
8 | | following, if the
court finds that such conditions are |
9 | | reasonably necessary to assure the
defendant's appearance in |
10 | | court, protect the public from the defendant, or
prevent the |
11 | | defendant's unlawful interference with the orderly |
12 | | administration
of justice:
|
13 | | (0.05) Not depart this State without leave of the |
14 | | court; |
15 | | (1) Report to or appear in person before such person |
16 | | or agency as the
court may direct;
|
17 | | (2) Refrain from possessing a firearm or other |
18 | | dangerous weapon;
|
19 | | (3) Refrain from approaching or communicating with |
20 | | particular persons or
classes of persons;
|
21 | | (4) Refrain from going to certain described |
22 | | geographical areas or
premises;
|
23 | | (5) Refrain from engaging in certain activities or |
24 | | indulging in
intoxicating liquors or in certain drugs;
|
25 | | (6) Undergo treatment for drug addiction or |
26 | | alcoholism;
|
|
| | HB4530 | - 272 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (7) Undergo medical or psychiatric treatment;
|
2 | | (8) Work or pursue a course of study or vocational |
3 | | training;
|
4 | | (9) Attend or reside in a facility designated by the |
5 | | court;
|
6 | | (10) Support his or her dependents;
|
7 | | (11) If a minor resides with his or her parents or in a |
8 | | foster home,
attend school, attend a non-residential |
9 | | program for youths, and contribute
to his or her own |
10 | | support at home or in a foster home;
|
11 | | (12) Observe any curfew ordered by the court;
|
12 | | (13) Remain in the custody of such designated person |
13 | | or organization
agreeing to supervise his release. Such |
14 | | third party custodian shall be
responsible for notifying |
15 | | the court if the defendant fails to observe the
conditions |
16 | | of release which the custodian has agreed to monitor, and |
17 | | shall
be subject to contempt of court for failure so to |
18 | | notify the court;
|
19 | | (14) Be placed under direct supervision of the |
20 | | Pretrial Services
Agency, Probation Department or Court |
21 | | Services Department in a pretrial
home supervision |
22 | | capacity with or without the use of an approved
electronic |
23 | | monitoring device subject to Article 8A of Chapter V of |
24 | | the
Unified Code of Corrections;
|
25 | | (14.1) The court may impose upon a defendant who is |
26 | | charged with any
alcohol, cannabis, methamphetamine, or |
|
| | HB4530 | - 273 - | LRB102 21798 RLC 30918 b |
|
|
1 | | controlled substance violation and is placed under
direct |
2 | | supervision of the Pretrial Services Agency, Probation |
3 | | Department or
Court Services Department in a pretrial home |
4 | | supervision capacity with
the use of an approved |
5 | | monitoring device, as a condition of such pretrial |
6 | | monitoring,
a fee that represents costs incidental to the |
7 | | electronic monitoring for each
day of such pretrial |
8 | | supervision ordered by the
court, unless after determining |
9 | | the inability of the defendant to pay the
fee, the court |
10 | | assesses a lesser fee or no fee as the case may be. The fee
|
11 | | shall be collected by the clerk of the circuit court, |
12 | | except as provided in an administrative order of the Chief |
13 | | Judge of the circuit court. The clerk of the
circuit court |
14 | | shall pay all monies collected from this fee to the county
|
15 | | treasurer for deposit in the substance abuse services fund |
16 | | under Section
5-1086.1 of the Counties Code, except as |
17 | | provided in an administrative order of the Chief Judge of |
18 | | the circuit court. |
19 | | The Chief Judge of the circuit court of the county may |
20 | | by administrative order establish a program for electronic |
21 | | monitoring of offenders with regard to drug-related and |
22 | | alcohol-related offenses, in which a vendor supplies and |
23 | | monitors the operation of the electronic monitoring |
24 | | device, and collects the fees on behalf of the county. The |
25 | | program shall include provisions for indigent offenders |
26 | | and the collection of unpaid fees. The program shall not |
|
| | HB4530 | - 274 - | LRB102 21798 RLC 30918 b |
|
|
1 | | unduly burden the offender and shall be subject to review |
2 | | by the Chief Judge. |
3 | | The Chief Judge of the circuit court may suspend any |
4 | | additional charges or fees for late payment, interest, or |
5 | | damage to any device;
|
6 | | (14.2) The court may impose upon all defendants, |
7 | | including those
defendants subject to paragraph (14.1) |
8 | | above, placed under direct supervision
of the Pretrial |
9 | | Services Agency, Probation Department or Court Services
|
10 | | Department in a pretrial home supervision capacity with |
11 | | the use of an
approved monitoring device, as a condition |
12 | | of such release, a fee
which shall represent costs |
13 | | incidental to such
electronic monitoring for each day of |
14 | | such supervision ordered by the
court, unless after |
15 | | determining the inability of the defendant to pay the fee,
|
16 | | the court assesses a lesser fee or no fee as the case may |
17 | | be. The fee shall be
collected by the clerk of the circuit |
18 | | court, except as provided in an administrative order of |
19 | | the Chief Judge of the circuit court. The clerk of the |
20 | | circuit court
shall pay all monies collected from this fee |
21 | | to the county treasurer who shall
use the monies collected |
22 | | to defray the costs of corrections. The county
treasurer |
23 | | shall deposit the fee collected in the county working cash |
24 | | fund under
Section 6-27001 or Section 6-29002 of the |
25 | | Counties Code, as the case may
be, except as provided in an |
26 | | administrative order of the Chief Judge of the circuit |
|
| | HB4530 | - 275 - | LRB102 21798 RLC 30918 b |
|
|
1 | | court. |
2 | | The Chief Judge of the circuit court of the county may |
3 | | by administrative order establish a program for electronic |
4 | | monitoring of offenders with regard to drug-related and |
5 | | alcohol-related offenses, in which a vendor supplies and |
6 | | monitors the operation of the electronic monitoring |
7 | | device, and collects the fees on behalf of the county. The |
8 | | program shall include provisions for indigent offenders |
9 | | and the collection of unpaid fees. The program shall not |
10 | | unduly burden the offender and shall be subject to review |
11 | | by the Chief Judge. |
12 | | The Chief Judge of the circuit court may suspend any |
13 | | additional charges or fees for late payment, interest, or |
14 | | damage to any device;
|
15 | | (14.3) The Chief Judge of the Judicial Circuit may |
16 | | establish reasonable
fees to be paid by a person receiving |
17 | | pretrial services while under supervision
of a pretrial |
18 | | services agency, probation department, or court services
|
19 | | department. Reasonable fees may be charged for pretrial |
20 | | services
including, but not limited to, pretrial |
21 | | supervision, diversion programs,
electronic monitoring, |
22 | | victim impact services, drug and alcohol testing, DNA |
23 | | testing, GPS electronic monitoring, assessments and |
24 | | evaluations related to domestic violence and other |
25 | | victims, and
victim mediation services. The person |
26 | | receiving pretrial services may be
ordered to pay all |
|
| | HB4530 | - 276 - | LRB102 21798 RLC 30918 b |
|
|
1 | | costs incidental to pretrial services in accordance with |
2 | | his
or her ability to pay those costs;
|
3 | | (14.4) For persons charged with violating Section |
4 | | 11-501 of the Illinois
Vehicle Code, refrain from |
5 | | operating a motor vehicle not equipped with an
ignition |
6 | | interlock device, as defined in Section 1-129.1 of the |
7 | | Illinois
Vehicle Code,
pursuant to the rules promulgated |
8 | | by the Secretary of State for the
installation of ignition
|
9 | | interlock devices. Under this condition the court may |
10 | | allow a defendant who is
not
self-employed to operate a |
11 | | vehicle owned by the defendant's employer that is
not |
12 | | equipped with an ignition interlock device in the course |
13 | | and scope of the
defendant's employment;
|
14 | | (15) Comply with the terms and conditions of an order |
15 | | of protection
issued by the court under the Illinois |
16 | | Domestic Violence Act of 1986 or an
order of protection |
17 | | issued by the court of another state, tribe, or United
|
18 | | States territory;
|
19 | | (16) (Blank); and
|
20 | | (17) Such other reasonable conditions as the court may |
21 | | impose.
|
22 | | (c) When a person is charged with an offense under Section |
23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
24 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012, involving a victim who is a
minor under |
26 | | 18 years of age living in the same household with the defendant
|
|
| | HB4530 | - 277 - | LRB102 21798 RLC 30918 b |
|
|
1 | | at the time of the offense, in releasing the defendant, the |
2 | | judge shall impose conditions to restrict the
defendant's |
3 | | access to the victim which may include, but are not limited to
|
4 | | conditions that he will:
|
5 | | 1. Vacate the household.
|
6 | | 2. Make payment of temporary support to his |
7 | | dependents.
|
8 | | 3. Refrain from contact or communication with the |
9 | | child victim, except
as ordered by the court.
|
10 | | (d) When a person is charged with a criminal offense and |
11 | | the victim is
a family or household member as defined in |
12 | | Article 112A, conditions shall
be imposed at the time of the |
13 | | defendant's release that restrict the
defendant's access to |
14 | | the victim.
Unless provided otherwise by the court, the
|
15 | | restrictions shall include
requirements that the defendant do |
16 | | the following:
|
17 | | (1) refrain from contact or communication with the |
18 | | victim for a
minimum period of 72 hours following the |
19 | | defendant's release; and
|
20 | | (2) refrain from entering or remaining at the victim's |
21 | | residence for a
minimum period of 72 hours following the |
22 | | defendant's release.
|
23 | | (e) Local law enforcement agencies shall develop |
24 | | standardized pretrial release forms
for use in cases involving |
25 | | family or household members as defined in
Article 112A, |
26 | | including specific conditions of pretrial release as provided |
|
| | HB4530 | - 278 - | LRB102 21798 RLC 30918 b |
|
|
1 | | in
subsection (d). Failure of any law enforcement department |
2 | | to develop or use
those forms shall in no way limit the |
3 | | applicability and enforcement of
subsections (d) and (f).
|
4 | | (f) If the defendant is released after conviction |
5 | | following appeal or other post-conviction proceeding, the
|
6 | | conditions of the pretrial release shall be that he will, in |
7 | | addition to the
conditions set forth in subsections (a) and |
8 | | (b) hereof:
|
9 | | (1) Duly prosecute his appeal;
|
10 | | (2) Appear at such time and place as the court may |
11 | | direct;
|
12 | | (3) Not depart this State without leave of the court;
|
13 | | (4) Comply with such other reasonable conditions as |
14 | | the court may
impose; and
|
15 | | (5) If the judgment is affirmed or the cause reversed |
16 | | and remanded
for a new trial, forthwith surrender to the |
17 | | officer from whose custody
he was released.
|
18 | | (g) Upon a finding of guilty for any felony offense, the |
19 | | defendant shall
physically surrender, at a time and place |
20 | | designated by the court,
any and all firearms in his or her |
21 | | possession and his or her Firearm Owner's
Identification Card |
22 | | as a condition of being released pending sentencing.
|
23 | | (h) In the event the defendant is denied pretrial release, |
24 | | the court may impose a no contact provision with the victim or |
25 | | other interested party that shall be enforced while the |
26 | | defendant remains in custody. |
|
| | HB4530 | - 279 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)
|
2 | | (725 ILCS 5/112A-11.1) |
3 | | Sec. 112A-11.1. Procedure for determining whether certain |
4 | | misdemeanor crimes
are crimes of domestic violence for |
5 | | purposes of federal
law. |
6 | | (a) When a defendant has been charged with a violation of |
7 | | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012, the State |
9 | | may, at arraignment or no later than 45 days after |
10 | | arraignment, for the purpose of notification to the Illinois |
11 | | State Police Firearm Owner's Identification Card Office , serve |
12 | | on the defendant and file with the court a notice alleging that |
13 | | conviction of the offense would subject the defendant to the |
14 | | prohibitions of 18 U.S.C. 922(g)(9) because of the |
15 | | relationship between the defendant and the alleged victim and |
16 | | the nature of the alleged offense. |
17 | | (b) The notice shall include the name of the person |
18 | | alleged to be the victim of the crime and shall specify the |
19 | | nature of the alleged relationship as set forth in 18 U.S.C. |
20 | | 921(a)(33)(A)(ii). It shall also specify the element of the |
21 | | charged offense which requires the use or attempted use of |
22 | | physical force, or the threatened use of a deadly weapon, as |
23 | | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include |
24 | | notice that the defendant is entitled to a hearing on the |
25 | | allegation contained in the notice and that if the allegation |
|
| | HB4530 | - 280 - | LRB102 21798 RLC 30918 b |
|
|
1 | | is sustained, that determination and conviction shall be |
2 | | reported to the Illinois State Police Firearm Owner's |
3 | | Identification Card Office . |
4 | | (c) After having been notified as provided in subsection |
5 | | (b) of this Section, the defendant may stipulate or admit, |
6 | | orally on the record or in writing, that conviction of the |
7 | | offense would subject the defendant to the prohibitions of 18 |
8 | | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. |
9 | | 922(g)(9) shall be deemed established for purposes of Section |
10 | | 112A-11.2. If the defendant denies the applicability of 18 |
11 | | U.S.C. 922(g)(9) as alleged in the notice served by the State, |
12 | | or stands mute with respect to that allegation, then the State |
13 | | shall bear the burden to prove beyond a reasonable doubt that |
14 | | the offense is one to which the prohibitions of 18 U.S.C. |
15 | | 922(g)(9) apply. The court may consider reliable hearsay |
16 | | evidence submitted by either party provided that it is |
17 | | relevant to the determination of the allegation. Facts |
18 | | previously proven at trial or elicited at the time of entry of |
19 | | a plea of guilty shall be deemed established beyond a |
20 | | reasonable doubt and shall not be relitigated. At the |
21 | | conclusion of the hearing, or upon a stipulation or admission, |
22 | | as applicable, the court shall make a specific written |
23 | | determination with respect to the allegation.
|
24 | | (Source: P.A. 102-538, eff. 8-20-21.) |
25 | | (725 ILCS 5/112A-11.2) |
|
| | HB4530 | - 281 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Sec. 112A-11.2. Notification to the Illinois State Police |
2 | | Firearm Owner's Identification Card Office of
determinations |
3 | | in certain misdemeanor cases. Upon judgment of conviction of a |
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 when the defendant has been determined, under Section |
7 | | 112A-11.1, to be subject to the prohibitions of 18 U.S.C. |
8 | | 922(g)(9), the circuit court clerk shall include notification |
9 | | and a copy of the written determination in a report of the |
10 | | conviction to the Illinois State Police Firearm Owner's |
11 | | Identification Card Office to enable the office to report that |
12 | | determination to the Federal Bureau of Investigation and |
13 | | assist the Bureau in identifying persons prohibited from |
14 | | purchasing and possessing a firearm pursuant to the provisions |
15 | | of 18 U.S.C. 922.
|
16 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
17 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
18 | | Sec. 112A-14. Domestic violence order of protection; |
19 | | remedies.
|
20 | | (a) (Blank).
|
21 | | (b) The court may order any of the remedies listed in this |
22 | | subsection (b).
The remedies listed in this subsection (b) |
23 | | shall be in addition to other civil
or criminal remedies |
24 | | available to petitioner.
|
25 | | (1) Prohibition of abuse. Prohibit respondent's |
|
| | HB4530 | - 282 - | LRB102 21798 RLC 30918 b |
|
|
1 | | harassment,
interference with personal liberty, |
2 | | intimidation of a dependent, physical
abuse, or willful |
3 | | deprivation, as defined in this Article, if such abuse has
|
4 | | occurred or otherwise appears likely to occur if not |
5 | | prohibited.
|
6 | | (2) Grant of exclusive possession of residence. |
7 | | Prohibit respondent
from entering or remaining in any |
8 | | residence, household, or premises of the petitioner,
|
9 | | including one owned or leased by respondent, if petitioner |
10 | | has a right
to occupancy thereof. The grant of exclusive |
11 | | possession of the residence, household, or premises
shall |
12 | | not affect title to real property, nor shall the court be |
13 | | limited by
the standard set forth in subsection (c-2) of |
14 | | Section 501 of the Illinois Marriage and
Dissolution of |
15 | | Marriage Act.
|
16 | | (A) Right to occupancy. A party has a right to |
17 | | occupancy of a
residence or household if it is
solely |
18 | | or jointly owned or leased by that party, that party's |
19 | | spouse, a
person with a legal duty to support that |
20 | | party or a minor child in that
party's care, or by any |
21 | | person or entity other than the opposing party that
|
22 | | authorizes that party's occupancy (e.g., a domestic |
23 | | violence shelter).
Standards set forth in subparagraph |
24 | | (B) shall not preclude equitable relief.
|
25 | | (B) Presumption of hardships. If petitioner and |
26 | | respondent
each has the right to occupancy of a |
|
| | HB4530 | - 283 - | LRB102 21798 RLC 30918 b |
|
|
1 | | residence or household, the court
shall balance (i) |
2 | | the hardships to respondent and any minor child or
|
3 | | dependent adult in respondent's care resulting from |
4 | | entry of this remedy with (ii)
the hardships to |
5 | | petitioner and any minor child or dependent adult in
|
6 | | petitioner's care resulting from continued exposure to |
7 | | the risk of abuse (should
petitioner remain at the |
8 | | residence or household) or from loss of possession
of |
9 | | the residence or household (should petitioner leave to |
10 | | avoid the risk
of abuse). When determining the balance |
11 | | of hardships, the court shall also
take into account |
12 | | the accessibility of the residence or household.
|
13 | | Hardships need not be balanced if respondent does not |
14 | | have a right to occupancy.
|
15 | | The balance of hardships is presumed to favor |
16 | | possession by
petitioner unless the presumption is |
17 | | rebutted by a preponderance of the
evidence, showing |
18 | | that the hardships to respondent substantially |
19 | | outweigh
the hardships to petitioner and any minor |
20 | | child or dependent adult in petitioner's
care. The |
21 | | court, on the request of petitioner or on its own |
22 | | motion,
may order respondent to provide suitable, |
23 | | accessible, alternate housing
for petitioner instead |
24 | | of
excluding respondent from a mutual residence or |
25 | | household.
|
26 | | (3) Stay away order and additional prohibitions.
Order |
|
| | HB4530 | - 284 - | LRB102 21798 RLC 30918 b |
|
|
1 | | respondent to stay away from petitioner or any other |
2 | | person
protected by the domestic violence order of |
3 | | protection, or prohibit respondent from entering
or |
4 | | remaining present at petitioner's school, place of |
5 | | employment, or other
specified places at times when |
6 | | petitioner is present, or both, if
reasonable, given
the |
7 | | balance of hardships. Hardships need not be balanced for |
8 | | the court
to enter a stay away order or prohibit entry
if |
9 | | respondent has no right to enter the premises.
|
10 | | (A) If a domestic violence order of protection |
11 | | grants petitioner exclusive possession
of the |
12 | | residence, prohibits respondent from entering the |
13 | | residence,
or orders respondent to stay away from |
14 | | petitioner or other
protected persons, then the court |
15 | | may allow respondent access to the
residence to remove |
16 | | items of clothing and personal adornment
used |
17 | | exclusively by respondent, medications, and other |
18 | | items as the court directs.
The right to access shall |
19 | | be exercised on only one occasion as the court directs
|
20 | | and in the presence of an agreed-upon adult third |
21 | | party or law enforcement officer.
|
22 | | (B) When the petitioner and the respondent attend |
23 | | the same public, private, or non-public elementary, |
24 | | middle, or high school, the court when issuing a |
25 | | domestic violence order of protection and providing |
26 | | relief shall consider the severity of the act, any |
|
| | HB4530 | - 285 - | LRB102 21798 RLC 30918 b |
|
|
1 | | continuing physical danger or emotional distress to |
2 | | the petitioner, the educational rights guaranteed to |
3 | | the petitioner and respondent under federal and State |
4 | | law, the availability of a transfer of the respondent |
5 | | to another school, a change of placement or a change of |
6 | | program of the respondent, the expense, difficulty, |
7 | | and educational disruption that would be caused by a |
8 | | transfer of the respondent to another school, and any |
9 | | other relevant facts of the case. The court may order |
10 | | that the respondent not attend the public, private, or |
11 | | non-public elementary, middle, or high school attended |
12 | | by the petitioner, order that the respondent accept a |
13 | | change of placement or change of program, as |
14 | | determined by the school district or private or |
15 | | non-public school, or place restrictions on the |
16 | | respondent's movements within the school attended by |
17 | | the petitioner. The respondent bears the burden of |
18 | | proving by a preponderance of the evidence that a |
19 | | transfer, change of placement, or change of program of |
20 | | the respondent is not available. The respondent also |
21 | | bears the burden of production with respect to the |
22 | | expense, difficulty, and educational disruption that |
23 | | would be caused by a transfer of the respondent to |
24 | | another school. A transfer, change of placement, or |
25 | | change of program is not unavailable to the respondent |
26 | | solely on the ground that the respondent does not |
|
| | HB4530 | - 286 - | LRB102 21798 RLC 30918 b |
|
|
1 | | agree with the school district's or private or |
2 | | non-public school's transfer, change of placement, or |
3 | | change of program or solely on the ground that the |
4 | | respondent fails or refuses to consent or otherwise |
5 | | does not take an action required to effectuate a |
6 | | transfer, change of placement, or change of program. |
7 | | When a court orders a respondent to stay away from the |
8 | | public, private, or non-public school attended by the |
9 | | petitioner and the respondent requests a transfer to |
10 | | another attendance center within the respondent's |
11 | | school district or private or non-public school, the |
12 | | school district or private or non-public school shall |
13 | | have sole discretion to determine the attendance |
14 | | center to which the respondent is transferred. If the |
15 | | court order results in a transfer of the minor |
16 | | respondent to another attendance center, a change in |
17 | | the respondent's placement, or a change of the |
18 | | respondent's program, the parents, guardian, or legal |
19 | | custodian of the respondent is responsible for |
20 | | transportation and other costs associated with the |
21 | | transfer or change. |
22 | | (C) The court may order the parents, guardian, or |
23 | | legal custodian of a minor respondent to take certain |
24 | | actions or to refrain from taking certain actions to |
25 | | ensure that the respondent complies with the order. If |
26 | | the court orders a transfer of the respondent to |
|
| | HB4530 | - 287 - | LRB102 21798 RLC 30918 b |
|
|
1 | | another school, the parents, guardian, or legal |
2 | | custodian of the respondent is responsible for |
3 | | transportation and other costs associated with the |
4 | | change of school by the respondent. |
5 | | (4) Counseling. Require or recommend the respondent to |
6 | | undergo
counseling for a specified duration with a social |
7 | | worker, psychologist,
clinical psychologist, |
8 | | psychiatrist, family service agency, alcohol or
substance |
9 | | abuse program, mental health center guidance counselor, |
10 | | agency
providing services to elders, program designed for |
11 | | domestic violence
abusers, or any other guidance service |
12 | | the court deems appropriate. The court may order the |
13 | | respondent in any intimate partner relationship to report |
14 | | to an Illinois Department of Human Services protocol |
15 | | approved partner abuse intervention program for an |
16 | | assessment and to follow all recommended treatment.
|
17 | | (5) Physical care and possession of the minor child. |
18 | | In order to protect
the minor child from abuse, neglect, |
19 | | or unwarranted separation from the person
who has been the |
20 | | minor child's primary caretaker, or to otherwise protect |
21 | | the
well-being of the minor child, the court may do either |
22 | | or both of the following:
(i) grant petitioner physical |
23 | | care or possession of the minor child, or both, or
(ii) |
24 | | order respondent to return a minor child to, or not remove |
25 | | a minor child
from, the physical care of a parent or person |
26 | | in loco parentis.
|
|
| | HB4530 | - 288 - | LRB102 21798 RLC 30918 b |
|
|
1 | | If the respondent is charged with abuse
(as defined in |
2 | | Section 112A-3 of this Code) of a minor child, there shall |
3 | | be a
rebuttable presumption that awarding physical care to |
4 | | respondent would not
be in the minor child's best |
5 | | interest.
|
6 | | (6) Temporary allocation of parental responsibilities |
7 | | and significant decision-making responsibilities.
Award |
8 | | temporary significant decision-making responsibility to |
9 | | petitioner in accordance with this Section,
the Illinois |
10 | | Marriage
and Dissolution of Marriage Act, the Illinois |
11 | | Parentage Act of 2015,
and this State's Uniform |
12 | | Child-Custody
Jurisdiction and Enforcement Act.
|
13 | | If the respondent
is charged with abuse (as defined in |
14 | | Section 112A-3 of this Code) of a
minor child, there shall |
15 | | be a rebuttable presumption that awarding
temporary |
16 | | significant decision-making responsibility to respondent |
17 | | would not be in the
child's best interest.
|
18 | | (7) Parenting time. Determine the parenting time, if |
19 | | any, of respondent in any case in which the court
awards |
20 | | physical care or temporary significant decision-making |
21 | | responsibility of a minor child to
petitioner. The court |
22 | | shall restrict or deny respondent's parenting time with
a |
23 | | minor child if
the court finds that respondent has done or |
24 | | is likely to do any of the
following: |
25 | | (i) abuse or endanger the minor child during |
26 | | parenting time; |
|
| | HB4530 | - 289 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (ii) use the parenting time
as an opportunity to |
2 | | abuse or harass petitioner or
petitioner's family or |
3 | | household members; |
4 | | (iii) improperly conceal or
detain the minor |
5 | | child; or |
6 | | (iv) otherwise act in a manner that is not in
the |
7 | | best interests of the minor child. |
8 | | The court shall not be limited by the
standards set |
9 | | forth in Section 603.10 of the Illinois Marriage and
|
10 | | Dissolution of Marriage Act. If the court grants parenting |
11 | | time, the order
shall specify dates and times for the |
12 | | parenting time to take place or other
specific parameters |
13 | | or conditions that are appropriate. No order for parenting |
14 | | time
shall refer merely to the term "reasonable parenting |
15 | | time". Petitioner may deny respondent access to the minor |
16 | | child if, when
respondent arrives for parenting time, |
17 | | respondent is under the influence of drugs
or alcohol and |
18 | | constitutes a threat to the safety and well-being of
|
19 | | petitioner or petitioner's minor children or is behaving |
20 | | in a violent or abusive manner. If necessary to protect |
21 | | any member of petitioner's family or
household from future |
22 | | abuse, respondent shall be prohibited from coming to
|
23 | | petitioner's residence to meet the minor child for |
24 | | parenting time, and the petitioner and respondent
shall |
25 | | submit to the court their recommendations for reasonable
|
26 | | alternative arrangements for parenting time. A person may |
|
| | HB4530 | - 290 - | LRB102 21798 RLC 30918 b |
|
|
1 | | be approved to
supervise parenting time only after filing |
2 | | an affidavit accepting
that responsibility and |
3 | | acknowledging accountability to the court.
|
4 | | (8) Removal or concealment of minor child.
Prohibit |
5 | | respondent from
removing a minor child from the State or |
6 | | concealing the child within the
State.
|
7 | | (9) Order to appear. Order the respondent to
appear in |
8 | | court, alone
or with a minor child, to prevent abuse, |
9 | | neglect, removal or concealment of
the child, to return |
10 | | the child to the custody or care of the petitioner, or
to |
11 | | permit any court-ordered interview or examination of the |
12 | | child or the
respondent.
|
13 | | (10) Possession of personal property. Grant petitioner |
14 | | exclusive
possession of personal property and, if |
15 | | respondent has possession or
control, direct respondent to |
16 | | promptly make it available to petitioner, if:
|
17 | | (i) petitioner, but not respondent, owns the |
18 | | property; or
|
19 | | (ii) the petitioner and respondent own the |
20 | | property jointly; sharing it would risk
abuse of |
21 | | petitioner by respondent or is impracticable; and the |
22 | | balance of
hardships favors temporary possession by |
23 | | petitioner.
|
24 | | If petitioner's sole claim to ownership of the |
25 | | property is that it is
marital property, the court may |
26 | | award petitioner temporary possession
thereof under the |
|
| | HB4530 | - 291 - | LRB102 21798 RLC 30918 b |
|
|
1 | | standards of subparagraph (ii) of this paragraph only if
a |
2 | | proper proceeding has been filed under the Illinois |
3 | | Marriage and
Dissolution of Marriage Act, as now or |
4 | | hereafter amended.
|
5 | | No order under this provision shall affect title to |
6 | | property.
|
7 | | (11) Protection of property. Forbid the respondent |
8 | | from taking,
transferring, encumbering, concealing, |
9 | | damaging, or otherwise disposing of
any real or personal |
10 | | property, except as explicitly authorized by the
court, |
11 | | if:
|
12 | | (i) petitioner, but not respondent, owns the |
13 | | property; or
|
14 | | (ii) the petitioner and respondent own the |
15 | | property jointly,
and the balance of hardships favors |
16 | | granting this remedy.
|
17 | | If petitioner's sole claim to ownership of the |
18 | | property is that it is
marital property, the court may |
19 | | grant petitioner relief under subparagraph
(ii) of this |
20 | | paragraph only if a proper proceeding has been filed under |
21 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
22 | | now or hereafter amended.
|
23 | | The court may further prohibit respondent from |
24 | | improperly using the
financial or other resources of an |
25 | | aged member of the family or household
for the profit or |
26 | | advantage of respondent or of any other person.
|
|
| | HB4530 | - 292 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (11.5) Protection of animals. Grant the petitioner the |
2 | | exclusive care, custody, or control of any animal owned, |
3 | | possessed, leased, kept, or held by either the petitioner |
4 | | or the respondent or a minor child residing in the |
5 | | residence or household of either the petitioner or the |
6 | | respondent and order the respondent to stay away from the |
7 | | animal and forbid the respondent from taking, |
8 | | transferring, encumbering, concealing, harming, or |
9 | | otherwise disposing of the animal.
|
10 | | (12) Order for payment of support. Order
respondent to |
11 | | pay temporary
support for the petitioner or any child in |
12 | | the petitioner's care or over whom the petitioner has been |
13 | | allocated parental responsibility, when the respondent has |
14 | | a legal obligation to support that person,
in accordance |
15 | | with the Illinois Marriage and Dissolution
of Marriage |
16 | | Act, which shall govern, among other matters, the amount |
17 | | of
support, payment through the clerk and withholding of |
18 | | income to secure
payment. An order for child support may |
19 | | be granted to a petitioner with
lawful physical care of a |
20 | | child, or an order or agreement for
physical care of a |
21 | | child, prior to entry of an order allocating significant |
22 | | decision-making responsibility.
Such a support order shall |
23 | | expire upon entry of a valid order allocating parental |
24 | | responsibility differently and vacating petitioner's |
25 | | significant decision-making responsibility unless |
26 | | otherwise provided in the order.
|
|
| | HB4530 | - 293 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (13) Order for payment of losses. Order
respondent to |
2 | | pay petitioner
for losses suffered as a direct result of |
3 | | the abuse. Such losses shall
include, but not be limited |
4 | | to, medical expenses, lost earnings or other
support, |
5 | | repair or replacement of property damaged or taken, |
6 | | reasonable
attorney's fees, court costs, and moving or |
7 | | other travel expenses, including
additional reasonable |
8 | | expenses for temporary shelter and restaurant meals.
|
9 | | (i) Losses affecting family needs. If a party is |
10 | | entitled to seek
maintenance, child support, or |
11 | | property distribution from the other party
under the |
12 | | Illinois Marriage and Dissolution of Marriage Act, as |
13 | | now or
hereafter amended, the court may order |
14 | | respondent to reimburse petitioner's
actual losses, to |
15 | | the extent that such reimbursement would be |
16 | | "appropriate
temporary relief", as authorized by |
17 | | subsection (a)(3) of
Section 501 of that Act.
|
18 | | (ii) Recovery of expenses. In the case of an |
19 | | improper concealment
or removal of a minor child, the |
20 | | court may order respondent to pay the reasonable
|
21 | | expenses incurred or to be incurred in the search for |
22 | | and recovery of the
minor child, including, but not |
23 | | limited to, legal fees, court costs, private
|
24 | | investigator fees, and travel costs.
|
25 | | (14) Prohibition of entry. Prohibit the respondent |
26 | | from entering or
remaining in the residence or household |
|
| | HB4530 | - 294 - | LRB102 21798 RLC 30918 b |
|
|
1 | | while the respondent is under the
influence of alcohol or |
2 | | drugs and constitutes a threat to the safety and
|
3 | | well-being of the petitioner or the petitioner's children.
|
4 | | (14.5) Prohibition of firearm possession. |
5 | | (A) A person who is subject to an existing |
6 | | domestic violence order of protection issued under |
7 | | this Code may not lawfully possess firearms, stun |
8 | | guns, or tasers weapons or a Firearm Owner's |
9 | | Identification Card under Section 8.2 of the Firearm |
10 | | Owners Identification Card Act . |
11 | | (B) Any firearms in the
possession of the |
12 | | respondent, except as provided in subparagraph (C) of |
13 | | this paragraph (14.5), shall be ordered by the court |
14 | | to be turned
over to a person who is not prohibited |
15 | | under State or federal law from possessing firearms |
16 | | with a valid Firearm Owner's Identification Card for |
17 | | safekeeping . The court shall issue an order that the |
18 | | respondent comply with Section 9.5 of the Firearm |
19 | | Owners Identification Card Act.
Illinois |
20 | | (C) If the respondent is a peace officer as |
21 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
22 | | the court shall order that any firearms used by the
|
23 | | respondent in the performance of his or her duties as a
|
24 | | peace officer be surrendered to
the chief law |
25 | | enforcement executive of the agency in which the |
26 | | respondent is
employed, who shall retain the firearms |
|
| | HB4530 | - 295 - | LRB102 21798 RLC 30918 b |
|
|
1 | | for safekeeping for the duration of the domestic |
2 | | violence order of protection.
|
3 | | (D) Upon expiration of the period of safekeeping, |
4 | | if the firearms or Firearm Owner's Identification Card |
5 | | cannot be returned to respondent because respondent |
6 | | cannot be located, fails to respond to requests to |
7 | | retrieve the firearms, or is not lawfully eligible to |
8 | | possess a firearm, upon petition from the local law |
9 | | enforcement agency, the court may order the local law |
10 | | enforcement agency to destroy the firearms, use the |
11 | | firearms for training purposes, or for any other |
12 | | application as deemed appropriate by the local law |
13 | | enforcement agency; or that the firearms be turned |
14 | | over to a third party who is lawfully eligible to |
15 | | possess firearms, and who does not reside with |
16 | | respondent. |
17 | | (15) Prohibition of access to records. If a domestic |
18 | | violence order of protection
prohibits respondent from |
19 | | having contact with the minor child,
or if petitioner's |
20 | | address is omitted under subsection (b) of
Section 112A-5 |
21 | | of this Code, or if necessary to prevent abuse or wrongful |
22 | | removal or
concealment of a minor child, the order shall |
23 | | deny respondent access to, and
prohibit respondent from |
24 | | inspecting, obtaining, or attempting to
inspect or obtain, |
25 | | school or any other records of the minor child
who is in |
26 | | the care of petitioner.
|
|
| | HB4530 | - 296 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (16) Order for payment of shelter services. Order |
2 | | respondent to
reimburse a shelter providing temporary |
3 | | housing and counseling services to
the petitioner for the |
4 | | cost of the services, as certified by the shelter
and |
5 | | deemed reasonable by the court.
|
6 | | (17) Order for injunctive relief. Enter injunctive |
7 | | relief necessary
or appropriate to prevent further abuse |
8 | | of a family or household member or
to effectuate one of the |
9 | | granted remedies, if supported by the balance of
|
10 | | hardships. If the harm to be prevented by the injunction |
11 | | is abuse or any
other harm that one of the remedies listed |
12 | | in paragraphs (1) through (16)
of this subsection is |
13 | | designed to prevent, no further evidence is necessary
to |
14 | | establish that the harm is an irreparable injury.
|
15 | | (18) Telephone services. |
16 | | (A) Unless a condition described in subparagraph |
17 | | (B) of this paragraph exists, the court may, upon |
18 | | request by the petitioner, order a wireless telephone |
19 | | service provider to transfer to the petitioner the |
20 | | right to continue to use a telephone number or numbers |
21 | | indicated by the petitioner and the financial |
22 | | responsibility associated with the number or numbers, |
23 | | as set forth in subparagraph (C) of this paragraph. In |
24 | | this paragraph (18), the term "wireless telephone |
25 | | service provider" means a provider of commercial |
26 | | mobile service as defined in 47 U.S.C. 332. The |
|
| | HB4530 | - 297 - | LRB102 21798 RLC 30918 b |
|
|
1 | | petitioner may request the transfer of each telephone |
2 | | number that the petitioner, or a minor child in his or |
3 | | her custody, uses. The clerk of the court shall serve |
4 | | the order on the wireless telephone service provider's |
5 | | agent for service of process provided to the Illinois |
6 | | Commerce Commission. The order shall contain all of |
7 | | the following: |
8 | | (i) The name and billing telephone number of |
9 | | the account holder including the name of the |
10 | | wireless telephone service provider that serves |
11 | | the account. |
12 | | (ii) Each telephone number that will be |
13 | | transferred. |
14 | | (iii) A statement that the provider transfers |
15 | | to the petitioner all financial responsibility for |
16 | | and right to the use of any telephone number |
17 | | transferred under this paragraph. |
18 | | (B) A wireless telephone service provider shall |
19 | | terminate the respondent's use of, and shall transfer |
20 | | to the petitioner use of, the telephone number or |
21 | | numbers indicated in subparagraph (A) of this |
22 | | paragraph unless it notifies the petitioner, within 72 |
23 | | hours after it receives the order, that one of the |
24 | | following applies: |
25 | | (i) The account holder named in the order has |
26 | | terminated the account. |
|
| | HB4530 | - 298 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (ii) A difference in network technology would |
2 | | prevent or impair the functionality of a device on |
3 | | a network if the transfer occurs. |
4 | | (iii) The transfer would cause a geographic or |
5 | | other limitation on network or service provision |
6 | | to the petitioner. |
7 | | (iv) Another technological or operational |
8 | | issue would prevent or impair the use of the |
9 | | telephone number if the transfer occurs. |
10 | | (C) The petitioner assumes all financial |
11 | | responsibility for and right to the use of any |
12 | | telephone number transferred under this paragraph. In |
13 | | this paragraph, "financial responsibility" includes |
14 | | monthly service costs and costs associated with any |
15 | | mobile device associated with the number. |
16 | | (D) A wireless telephone service provider may |
17 | | apply to the petitioner its routine and customary |
18 | | requirements for establishing an account or |
19 | | transferring a number, including requiring the |
20 | | petitioner to provide proof of identification, |
21 | | financial information, and customer preferences.
|
22 | | (E) Except for willful or wanton misconduct, a |
23 | | wireless telephone service provider is immune from |
24 | | civil liability for its actions taken in compliance |
25 | | with a court order issued under this paragraph. |
26 | | (F) All wireless service providers that provide |
|
| | HB4530 | - 299 - | LRB102 21798 RLC 30918 b |
|
|
1 | | services to residential customers shall provide to the |
2 | | Illinois Commerce Commission the name and address of |
3 | | an agent for service of orders entered under this |
4 | | paragraph (18). Any change in status of the registered |
5 | | agent must be reported to the Illinois Commerce |
6 | | Commission within 30 days of such change. |
7 | | (G) The Illinois Commerce Commission shall |
8 | | maintain the list of registered agents for service for |
9 | | each wireless telephone service provider on the |
10 | | Commission's website. The Commission may consult with |
11 | | wireless telephone service providers and the Circuit |
12 | | Court Clerks on the manner in which this information |
13 | | is provided and displayed. |
14 | | (c) Relevant factors; findings.
|
15 | | (1) In determining whether to grant a
specific remedy, |
16 | | other than payment of support, the
court shall consider |
17 | | relevant factors, including, but not limited to, the
|
18 | | following:
|
19 | | (i) the nature, frequency, severity, pattern, and |
20 | | consequences of the
respondent's past abuse of the |
21 | | petitioner or any family or household
member, |
22 | | including the concealment of his or her location in |
23 | | order to evade
service of process or notice, and the |
24 | | likelihood of danger of future abuse to
petitioner or
|
25 | | any member of petitioner's or respondent's family or |
26 | | household; and
|
|
| | HB4530 | - 300 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (ii) the danger that any minor child will be |
2 | | abused or neglected or
improperly relocated from the |
3 | | jurisdiction, improperly concealed within the
State, |
4 | | or improperly separated from the child's primary |
5 | | caretaker.
|
6 | | (2) In comparing relative hardships resulting to the |
7 | | parties from loss
of possession of the family home, the |
8 | | court shall consider relevant
factors, including, but not |
9 | | limited to, the following:
|
10 | | (i) availability, accessibility, cost, safety, |
11 | | adequacy, location, and other
characteristics of |
12 | | alternate housing for each party and any minor child |
13 | | or
dependent adult in the party's care;
|
14 | | (ii) the effect on the party's employment; and
|
15 | | (iii) the effect on the relationship of the party, |
16 | | and any minor
child or dependent adult in the party's |
17 | | care, to family, school, church,
and community.
|
18 | | (3) Subject to the exceptions set forth in paragraph |
19 | | (4) of this
subsection (c), the court shall make its |
20 | | findings in an official record or in
writing, and shall at |
21 | | a minimum set forth the following:
|
22 | | (i) That the court has considered the applicable |
23 | | relevant factors
described in paragraphs (1) and (2) |
24 | | of this subsection (c).
|
25 | | (ii) Whether the conduct or actions of respondent, |
26 | | unless
prohibited, will likely cause irreparable harm |
|
| | HB4530 | - 301 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or continued abuse.
|
2 | | (iii) Whether it is necessary to grant the |
3 | | requested relief in order
to protect petitioner or |
4 | | other alleged abused persons.
|
5 | | (4) (Blank).
|
6 | | (5) Never married parties. No rights or |
7 | | responsibilities for a minor
child born outside of |
8 | | marriage attach to a putative father until a father and
|
9 | | child relationship has been established under the Illinois |
10 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
11 | | the Illinois Public Aid Code, Section 12 of the Vital |
12 | | Records Act, the Juvenile Court Act of 1987, the Probate |
13 | | Act of 1975, the Uniform Interstate Family Support Act, |
14 | | the Expedited Child Support Act of 1990, any judicial, |
15 | | administrative, or other act of another state or |
16 | | territory, any other statute of this State, or by any |
17 | | foreign nation establishing the father and child |
18 | | relationship, any other proceeding substantially in |
19 | | conformity with the federal Personal Responsibility and |
20 | | Work Opportunity Reconciliation Act of 1996, or when both |
21 | | parties appeared in open court or at an administrative |
22 | | hearing acknowledging under oath or admitting by |
23 | | affirmation the existence of a father and child |
24 | | relationship. Absent such an adjudication, no putative |
25 | | father shall be granted
temporary allocation of parental |
26 | | responsibilities, including parenting time with the minor |
|
| | HB4530 | - 302 - | LRB102 21798 RLC 30918 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 |
5 | | that the balance
of hardships does not support the granting of |
6 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
7 | | subsection (b) of this Section,
which may require such |
8 | | balancing, the court's findings shall so
indicate and shall |
9 | | include a finding as to whether granting the remedy will
|
10 | | result in hardship to respondent that would substantially |
11 | | outweigh the hardship
to petitioner
from denial of the remedy. |
12 | | The findings shall be an official record or in
writing.
|
13 | | (e) Denial of remedies. Denial of any remedy shall not be |
14 | | based, 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 |
26 | | avoid further abuse
by respondent;
|
|
| | HB4530 | - 303 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (6) petitioner did not leave the residence or |
2 | | household to avoid further
abuse by respondent; or
|
3 | | (7) conduct by any family or household member excused |
4 | | the abuse by
respondent, unless that same conduct would |
5 | | have excused such abuse if the
parties had not been family |
6 | | or household members.
|
7 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
8 | | 102-538, eff. 8-20-21; revised 11-2-21.)
|
9 | | (725 ILCS 5/112A-14.7) |
10 | | Sec. 112A-14.7. Stalking no contact order; remedies. |
11 | | (a) The court may order any of the remedies listed in this |
12 | | Section. The remedies listed in this Section shall be in |
13 | | addition to other civil or criminal remedies available to |
14 | | petitioner.
A stalking no contact order shall order one or |
15 | | more of the following: |
16 | | (1) prohibit the respondent from threatening to
commit |
17 | | or committing stalking; |
18 | | (2) order the respondent not to have any contact with
|
19 | | the petitioner or a third person specifically named by the |
20 | | court; |
21 | | (3) prohibit the respondent from knowingly coming
|
22 | | within, or knowingly remaining within a specified distance |
23 | | of the petitioner or the petitioner's residence, school, |
24 | | daycare, or place of employment, or any specified place |
25 | | frequented by the petitioner; however, the court may order |
|
| | HB4530 | - 304 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the respondent to stay away from the respondent's own |
2 | | residence, school, or place of employment only if the |
3 | | respondent has been provided actual notice of the |
4 | | opportunity to appear and be heard on the petition; |
5 | | (4) prohibit the respondent from possessing a
Firearm |
6 | | Owners Identification Card, or possessing or buying |
7 | | firearms; and |
8 | | (5) order other injunctive relief the court
determines |
9 | | to be necessary to protect the petitioner or third party |
10 | | specifically named by the court. |
11 | | (b) When the petitioner and the respondent attend the same |
12 | | public, private, or non-public elementary, middle, or high |
13 | | school, the court when issuing a stalking no contact order and |
14 | | providing relief shall consider the severity of the act, any |
15 | | continuing physical danger or emotional distress to the |
16 | | petitioner, the educational rights guaranteed to the |
17 | | petitioner and respondent under federal and State law, the |
18 | | availability of a transfer of the respondent to another |
19 | | school, a change of placement or a change of program of the |
20 | | respondent, the expense, difficulty, and educational |
21 | | disruption that would be caused by a transfer of the |
22 | | respondent to another school, and any other relevant facts of |
23 | | the case. The court may order that the respondent not attend |
24 | | the public, private, or non-public elementary, middle, or high |
25 | | school attended by the petitioner, order that the respondent |
26 | | accept a change of placement or program, as determined by the |
|
| | HB4530 | - 305 - | LRB102 21798 RLC 30918 b |
|
|
1 | | school district or private or non-public school, or place |
2 | | restrictions on the respondent's movements within the school |
3 | | attended by the petitioner. The respondent bears the burden of |
4 | | proving by a preponderance of the evidence that a transfer, |
5 | | change of placement, or change of program of the respondent is |
6 | | not available. The respondent also bears the burden of |
7 | | production with respect to the expense, difficulty, and |
8 | | educational disruption that would be caused by a transfer of |
9 | | the respondent to another school. A transfer, change of |
10 | | placement, or change of program is not unavailable to the |
11 | | respondent solely on the ground that the respondent does not |
12 | | agree with the school district's or private or non-public |
13 | | school's transfer, change of placement, or change of program |
14 | | or solely on the ground that the respondent fails or refuses to |
15 | | consent to or otherwise does not take an action required to |
16 | | effectuate a transfer, change of placement, or change of |
17 | | program. When a court orders a respondent to stay away from the |
18 | | public, private, or non-public school attended by the |
19 | | petitioner and the respondent requests a transfer to another |
20 | | attendance center within the respondent's school district or |
21 | | private or non-public school, the school district or private |
22 | | or non-public school shall have sole discretion to determine |
23 | | the attendance center to which the respondent is transferred. |
24 | | If the court order results in a transfer of the minor |
25 | | respondent to another attendance center, a change in the |
26 | | respondent's placement, or a change of the respondent's |
|
| | HB4530 | - 306 - | LRB102 21798 RLC 30918 b |
|
|
1 | | program, the parents, guardian, or legal custodian of the |
2 | | respondent is responsible for transportation and other costs |
3 | | associated with the transfer or change. |
4 | | (c) The court may order the parents, guardian, or legal |
5 | | custodian of a minor respondent to take certain actions or to |
6 | | refrain from taking certain actions to ensure that the |
7 | | respondent complies with the order. If the court orders a |
8 | | transfer of the respondent to another school, the parents, |
9 | | guardian, or legal custodian of the respondent are responsible |
10 | | for transportation and other costs associated with the change |
11 | | of school by the respondent. |
12 | | (d) The court shall not hold a school district or private |
13 | | or non-public school or any of its employees in civil or |
14 | | criminal contempt unless the school district or private or |
15 | | non-public school has been allowed to intervene. |
16 | | (e) The court may hold the parents, guardian, or legal |
17 | | custodian of a minor respondent in civil or criminal contempt |
18 | | for a violation of any provision of any order entered under |
19 | | this Article for conduct of the minor respondent in violation |
20 | | of this Article if the parents, guardian, or legal custodian |
21 | | directed, encouraged, or assisted the respondent minor in the |
22 | | conduct. |
23 | | (f) Monetary damages are not recoverable as a remedy. |
24 | | (g) If the stalking no contact order prohibits the |
25 | | respondent from possessing a Firearm Owner's Identification |
26 | | Card, or possessing or buying firearms; the court shall |
|
| | HB4530 | - 307 - | LRB102 21798 RLC 30918 b |
|
|
1 | | confiscate the respondent's firearms and firearm ammunition |
2 | | Firearm Owner's Identification Card and immediately return the |
3 | | card to the Illinois State Police Firearm Owner's |
4 | | Identification Card Office .
|
5 | | (Source: P.A. 102-538, eff. 8-20-21.) |
6 | | Section 90. The Unified Code of Corrections is amended by |
7 | | changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as |
8 | | follows: |
9 | | (730 ILCS 5/5-4.5-110) |
10 | | (Section scheduled to be repealed on January 1, 2023) |
11 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH |
12 | | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. |
13 | | (a) DEFINITIONS. For the purposes of this Section: |
14 | | "Firearm" has the meaning ascribed to it in Section |
15 | | 2-7.5 of the Criminal Code of 2012 Section 1.1 of the |
16 | | Firearm Owners Identification Card Act . |
17 | | "Qualifying predicate offense" means the following |
18 | | offenses under the Criminal Code of 2012: |
19 | | (A) aggravated unlawful use of a weapon under |
20 | | Section 24-1.6 or similar offense under the Criminal |
21 | | Code of 1961, when the weapon is a firearm; |
22 | | (B) unlawful use or possession of a weapon by a |
23 | | felon under Section 24-1.1 or similar offense under |
24 | | the Criminal Code of 1961, when the
weapon is a |
|
| | HB4530 | - 308 - | LRB102 21798 RLC 30918 b |
|
|
1 | | firearm; |
2 | | (C) first degree murder under Section 9-1 or |
3 | | similar offense under the Criminal Code of 1961; |
4 | | (D) attempted first degree murder with a firearm |
5 | | or similar offense under the Criminal Code of 1961; |
6 | | (E) aggravated kidnapping with a firearm under |
7 | | paragraph (6) or (7) of subsection (a) of Section 10-2 |
8 | | or similar offense under the Criminal Code of 1961; |
9 | | (F) aggravated battery with a firearm under |
10 | | subsection (e) of Section 12-3.05 or similar offense |
11 | | under the Criminal Code of 1961; |
12 | | (G) aggravated criminal sexual assault under |
13 | | Section 11-1.30 or similar offense under the Criminal |
14 | | Code of 1961; |
15 | | (H) predatory criminal sexual assault of a child |
16 | | under Section 11-1.40 or similar offense under the |
17 | | Criminal Code of 1961; |
18 | | (I) armed robbery under Section 18-2 or similar |
19 | | offense under the Criminal Code of 1961; |
20 | | (J) vehicular hijacking under Section 18-3 or |
21 | | similar offense under the Criminal Code of 1961; |
22 | | (K) aggravated vehicular hijacking under Section |
23 | | 18-4 or similar offense under the Criminal Code of |
24 | | 1961; |
25 | | (L) home invasion with a firearm under paragraph |
26 | | (3), (4), or (5) of subsection (a) of Section 19-6 or |
|
| | HB4530 | - 309 - | LRB102 21798 RLC 30918 b |
|
|
1 | | similar offense under the Criminal Code of 1961; |
2 | | (M) aggravated discharge of a firearm under |
3 | | Section 24-1.2 or similar offense under the Criminal |
4 | | Code of 1961; |
5 | | (N) aggravated discharge of a machine gun or a |
6 | | firearm equipped with a device
designed or used for |
7 | | silencing the report of a firearm under Section |
8 | | 24-1.2-5 or similar offense under the Criminal Code of |
9 | | 1961; |
10 | | (0) unlawful use of firearm projectiles under |
11 | | Section 24-2.1 or similar offense under the Criminal |
12 | | Code of 1961; |
13 | | (P) manufacture, sale, or transfer of bullets or |
14 | | shells represented to be armor piercing
bullets, |
15 | | dragon's breath shotgun shells, bolo shells, or |
16 | | flechette shells under Section 24-2.2 or similar |
17 | | offense under the Criminal Code of 1961; |
18 | | (Q) unlawful sale or delivery of firearms under |
19 | | Section 24-3 or similar offense under the Criminal |
20 | | Code of 1961; |
21 | | (R) unlawful discharge of firearm projectiles |
22 | | under Section 24-3.2 or similar offense under the |
23 | | Criminal Code of 1961; |
24 | | (S) unlawful sale or delivery of firearms on |
25 | | school premises of any school under Section 24-3.3 or |
26 | | similar offense under the Criminal Code of 1961; |
|
| | HB4530 | - 310 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (T) unlawful purchase of a firearm under Section |
2 | | 24-3.5 or similar offense under the Criminal Code of |
3 | | 1961; |
4 | | (U) use of a stolen firearm in the commission of an |
5 | | offense under Section 24-3.7 or similar offense under |
6 | | the Criminal Code of 1961; |
7 | | (V) possession of a stolen firearm under Section |
8 | | 24-3.8 or similar offense under the Criminal Code of |
9 | | 1961; |
10 | | (W) aggravated possession of a stolen firearm |
11 | | under Section 24-3.9 or similar offense under the |
12 | | Criminal Code of 1961; |
13 | | (X) gunrunning under Section 24-3A or similar |
14 | | offense under the Criminal Code of 1961; |
15 | | (Y) defacing identification marks of firearms |
16 | | under Section 24-5 or similar offense under the |
17 | | Criminal Code of 1961; and |
18 | | (Z) armed violence under Section 33A-2 or similar |
19 | | offense under the Criminal Code of 1961. |
20 | | (b) APPLICABILITY. For an offense committed on or after |
21 | | the effective date of this amendatory Act of the 100th General |
22 | | Assembly and before January 1, 2023, when a person is |
23 | | convicted of unlawful use or possession of a weapon by a felon, |
24 | | when the weapon is a firearm, or aggravated unlawful use of a |
25 | | weapon, when the weapon is a firearm, after being previously |
26 | | convicted of a qualifying predicate offense the person shall |
|
| | HB4530 | - 311 - | LRB102 21798 RLC 30918 b |
|
|
1 | | be subject to the sentencing guidelines under this Section. |
2 | | (c) SENTENCING GUIDELINES. |
3 | | (1) When a person is convicted of unlawful use or |
4 | | possession of a weapon by a felon, when the weapon is a |
5 | | firearm, and that person has been previously convicted of |
6 | | a qualifying predicate offense, the person shall be |
7 | | sentenced to a term of imprisonment within the sentencing |
8 | | range of not less than 7 years and not more than 14 years, |
9 | | unless the court finds that a departure from the |
10 | | sentencing guidelines under this paragraph is warranted |
11 | | under subsection (d) of this Section. |
12 | | (2) When a person is convicted of aggravated unlawful |
13 | | use of a weapon, when the weapon is a firearm, and that |
14 | | person has been previously convicted of a qualifying |
15 | | predicate offense, the person shall be sentenced to a term |
16 | | of imprisonment within the sentencing range of not less |
17 | | than 6 years and not more than 7 years, unless the court |
18 | | finds that a departure from the sentencing guidelines |
19 | | under this paragraph is warranted under subsection (d) of |
20 | | this Section. |
21 | | (3) The sentencing guidelines in paragraphs (1) and |
22 | | (2) of this subsection (c) apply only to offenses |
23 | | committed on and after the effective date of this |
24 | | amendatory Act of the 100th General Assembly and before |
25 | | January 1, 2023. |
26 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. |
|
| | HB4530 | - 312 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) At the sentencing hearing conducted under Section |
2 | | 5-4-1 of this Code, the court may depart from the
|
3 | | sentencing guidelines provided in subsection (c) of this |
4 | | Section and impose a sentence
otherwise authorized by law |
5 | | for the offense if the court, after considering any factor |
6 | | under paragraph (2) of this subsection (d) relevant to the |
7 | | nature and
circumstances of the crime and to the history |
8 | | and character of the defendant, finds on the record
|
9 | | substantial and compelling justification that the sentence |
10 | | within the sentencing guidelines would be unduly harsh and
|
11 | | that a sentence otherwise authorized by law would be |
12 | | consistent with public
safety and does not deprecate the |
13 | | seriousness of the offense. |
14 | | (2) In deciding whether to depart from the sentencing |
15 | | guidelines under this paragraph, the court shall
consider: |
16 | | (A) the age, immaturity, or limited mental |
17 | | capacity of the defendant at the time of
commission of |
18 | | the qualifying predicate or current offense, including |
19 | | whether the defendant
was suffering from a mental or |
20 | | physical condition insufficient to constitute a
|
21 | | defense but significantly reduced the defendant's |
22 | | culpability; |
23 | | (B) the nature and circumstances of the qualifying |
24 | | predicate offense; |
25 | | (C) the time elapsed since the qualifying |
26 | | predicate offense; |
|
| | HB4530 | - 313 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (D) the nature and circumstances of the current |
2 | | offense; |
3 | | (E) the defendant's prior criminal history; |
4 | | (F) whether the defendant committed the qualifying |
5 | | predicate or current offense under
specific and |
6 | | credible duress, coercion, threat, or compulsion; |
7 | | (G) whether the defendant aided in the |
8 | | apprehension of another felon or testified
truthfully |
9 | | on behalf of another prosecution of a felony; and |
10 | | (H) whether departure is in the interest of the |
11 | | person's rehabilitation, including employment or |
12 | | educational or vocational training, after taking into |
13 | | account any past rehabilitation efforts or |
14 | | dispositions of probation or supervision, and the |
15 | | defendant's cooperation or response to rehabilitation. |
16 | | (3) When departing from the sentencing guidelines |
17 | | under this Section, the court shall specify on the record, |
18 | | the particular evidence, information, factor or factors, |
19 | | or other reasons which led to the departure from the |
20 | | sentencing guidelines. When departing from the sentencing |
21 | | range in accordance with this subsection (d), the court |
22 | | shall indicate on the sentencing order which departure |
23 | | factor or factors outlined in paragraph (2) of this |
24 | | subsection (d) led to the sentence imposed. The sentencing |
25 | | order shall be filed with the clerk of the court and shall |
26 | | be a public record. |
|
| | HB4530 | - 314 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (e) This Section is repealed on January 1, 2023.
|
2 | | (Source: P.A. 100-3, eff. 1-1-18 .)
|
3 | | (730 ILCS 5/5-5-3)
|
4 | | Sec. 5-5-3. Disposition.
|
5 | | (a) (Blank).
|
6 | | (b) (Blank).
|
7 | | (c) (1) (Blank).
|
8 | | (2) A period of probation, a term of periodic imprisonment |
9 | | or
conditional discharge shall not be imposed for the |
10 | | following offenses.
The court shall sentence the offender to |
11 | | not less than the minimum term
of imprisonment set forth in |
12 | | this Code for the following offenses, and
may order a fine or |
13 | | restitution or both in conjunction with such term of
|
14 | | imprisonment:
|
15 | | (A) First degree murder where the death penalty is not |
16 | | imposed.
|
17 | | (B) Attempted first degree murder.
|
18 | | (C) A Class X felony.
|
19 | | (D) A violation of Section 401.1 or 407 of the
|
20 | | Illinois Controlled Substances Act, or a violation of |
21 | | subdivision (c)(1.5) of
Section 401 of that Act which |
22 | | relates to more than 5 grams of a substance
containing |
23 | | fentanyl or an analog thereof.
|
24 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
25 | | of the Illinois Controlled Substances Act which relates to |
|
| | HB4530 | - 315 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 3 or more grams of a substance
containing heroin or an |
2 | | analog thereof. |
3 | | (E) (Blank).
|
4 | | (F) A Class 1 or greater felony if the offender had |
5 | | been convicted
of a Class 1 or greater felony, including |
6 | | any state or federal conviction for an offense that |
7 | | contained, at the time it was committed, the same elements |
8 | | as an offense now (the date of the offense committed after |
9 | | the prior Class 1 or greater felony) classified as a Class |
10 | | 1 or greater felony, within 10 years of the date on which |
11 | | the
offender
committed the offense for which he or she is |
12 | | being sentenced, except as
otherwise provided in Section |
13 | | 40-10 of the Substance Use Disorder Act.
|
14 | | (F-3) A Class 2 or greater felony sex offense or |
15 | | felony firearm offense if the offender had been convicted |
16 | | of a Class 2 or greater felony, including any state or |
17 | | federal conviction for an offense that contained, at the |
18 | | time it was committed, the same elements as an offense now |
19 | | (the date of the offense committed after the prior Class 2 |
20 | | or greater felony) classified as a Class 2 or greater |
21 | | felony, within 10 years of the date on which the offender |
22 | | committed the offense for which he or she is being |
23 | | sentenced, except as otherwise provided in Section 40-10 |
24 | | of the Substance Use Disorder Act. |
25 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
26 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
|
| | HB4530 | - 316 - | LRB102 21798 RLC 30918 b |
|
|
1 | | for which imprisonment is prescribed in those Sections. |
2 | | (G) Residential burglary, except as otherwise provided |
3 | | in Section 40-10
of the Substance Use Disorder Act.
|
4 | | (H) Criminal sexual assault.
|
5 | | (I) Aggravated battery of a senior citizen as |
6 | | described in Section 12-4.6 or subdivision (a)(4) of |
7 | | Section 12-3.05 of the Criminal Code of 1961 or the |
8 | | Criminal Code of 2012.
|
9 | | (J) A forcible felony if the offense was related to |
10 | | the activities of an
organized gang.
|
11 | | Before July 1, 1994, for the purposes of this |
12 | | paragraph, "organized
gang" means an association of 5 or |
13 | | more persons, with an established hierarchy,
that |
14 | | encourages members of the association to perpetrate crimes |
15 | | or provides
support to the members of the association who |
16 | | do commit crimes.
|
17 | | Beginning July 1, 1994, for the purposes of this |
18 | | paragraph,
"organized gang" has the meaning ascribed to it |
19 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
20 | | Prevention Act.
|
21 | | (K) Vehicular hijacking.
|
22 | | (L) A second or subsequent conviction for the offense |
23 | | of hate crime
when the underlying offense upon which the |
24 | | hate crime is based is felony
aggravated
assault or felony |
25 | | mob action.
|
26 | | (M) A second or subsequent conviction for the offense |
|
| | HB4530 | - 317 - | LRB102 21798 RLC 30918 b |
|
|
1 | | of institutional
vandalism if the damage to the property |
2 | | exceeds $300.
|
3 | | (N) A Class 3 felony violation of paragraph (1) of |
4 | | subsection (a) of
Section 2 of the Firearm Owners |
5 | | Identification Card Act committed before the effective |
6 | | date of this amendatory Act of the 102nd General Assembly .
|
7 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
9 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
10 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
12 | | (P-5) A violation of paragraph (6) of subsection (a) |
13 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
|
14 | | Criminal Code of 2012 if the victim is a household or
|
15 | | family member of the defendant. |
16 | | (Q) A violation of subsection (b) or (b-5) of Section |
17 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
18 | | Code of
1961 or the Criminal Code of 2012.
|
19 | | (R) A violation of Section 24-3A of the Criminal Code |
20 | | of
1961 or the Criminal Code of 2012.
|
21 | | (S) (Blank).
|
22 | | (T) (Blank).
|
23 | | (U) A second or subsequent violation of Section 6-303 |
24 | | of the Illinois Vehicle Code committed while his or her |
25 | | driver's license, permit, or privilege was revoked because |
26 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
|
| | HB4530 | - 318 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or the Criminal Code of 2012, relating to the offense of |
2 | | reckless homicide, or a similar provision of a law of |
3 | | another state.
|
4 | | (V)
A violation of paragraph (4) of subsection (c) of |
5 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
6 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
7 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
8 | | Code of 2012 when the victim is under 13 years of age and |
9 | | the defendant has previously been convicted under the laws |
10 | | of this State or any other state of the offense of child |
11 | | pornography, aggravated child pornography, aggravated |
12 | | criminal sexual abuse, aggravated criminal sexual assault, |
13 | | predatory criminal sexual assault of a child, or any of |
14 | | the offenses formerly known as rape, deviate sexual |
15 | | assault, indecent liberties with a child, or aggravated |
16 | | indecent liberties with a child where the victim was under |
17 | | the age of 18 years or an offense that is substantially |
18 | | equivalent to those offenses. |
19 | | (W) A violation of Section 24-3.5 of the Criminal Code |
20 | | of 1961 or the Criminal Code of 2012.
|
21 | | (X) A violation of subsection (a) of Section 31-1a of |
22 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
23 | | (Y) A conviction for unlawful possession of a firearm |
24 | | by a street gang member when the firearm was loaded or |
25 | | contained firearm ammunition. |
26 | | (Z) A Class 1 felony committed while he or she was |
|
| | HB4530 | - 319 - | LRB102 21798 RLC 30918 b |
|
|
1 | | serving a term of probation or conditional discharge for a |
2 | | felony. |
3 | | (AA) Theft of property exceeding $500,000 and not |
4 | | exceeding $1,000,000 in value. |
5 | | (BB) Laundering of criminally derived property of a |
6 | | value exceeding
$500,000. |
7 | | (CC) Knowingly selling, offering for sale, holding for |
8 | | sale, or using 2,000 or more counterfeit items or |
9 | | counterfeit items having a retail value in the aggregate |
10 | | of $500,000 or more. |
11 | | (DD) A conviction for aggravated assault under |
12 | | paragraph (6) of subsection (c) of Section 12-2 of the |
13 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
14 | | firearm is aimed toward the person against whom the |
15 | | firearm is being used. |
16 | | (EE) A conviction for a violation of paragraph (2) of |
17 | | subsection (a) of Section 24-3B of the Criminal Code of |
18 | | 2012. |
19 | | (3) (Blank).
|
20 | | (4) A minimum term of imprisonment of not less than 10
|
21 | | consecutive days or 30 days of community service shall be |
22 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
23 | | the Illinois Vehicle Code.
|
24 | | (4.1) (Blank).
|
25 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
26 | | this subsection (c), a
minimum of
100 hours of community |
|
| | HB4530 | - 320 - | LRB102 21798 RLC 30918 b |
|
|
1 | | service shall be imposed for a second violation of
Section |
2 | | 6-303
of the Illinois Vehicle Code.
|
3 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
4 | | hours of community
service, as determined by the court, shall
|
5 | | be imposed for a second violation of subsection (c) of Section |
6 | | 6-303 of the
Illinois Vehicle Code.
|
7 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
8 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
9 | | of 30 days or 300 hours of community service, as
determined by |
10 | | the court, shall
be imposed
for a third or subsequent |
11 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
12 | | court may give credit toward the fulfillment of community |
13 | | service hours for participation in activities and treatment as |
14 | | determined by court services.
|
15 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
16 | | imposed for a third violation of subsection (c) of
Section |
17 | | 6-303 of the Illinois Vehicle Code.
|
18 | | (4.6) Except as provided in paragraph (4.10) of this |
19 | | subsection (c), a minimum term of imprisonment of 180 days |
20 | | shall be imposed for a
fourth or subsequent violation of |
21 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
22 | | (4.7) A minimum term of imprisonment of not less than 30 |
23 | | consecutive days, or 300 hours of community service, shall be |
24 | | imposed for a violation of subsection (a-5) of Section 6-303 |
25 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
26 | | of that Section.
|
|
| | HB4530 | - 321 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (4.8) A mandatory prison sentence shall be imposed for a |
2 | | second violation of subsection (a-5) of Section 6-303 of the |
3 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
4 | | Section. The person's driving privileges shall be revoked for |
5 | | a period of not less than 5 years from the date of his or her |
6 | | release from prison.
|
7 | | (4.9) A mandatory prison sentence of not less than 4 and |
8 | | not more than 15 years shall be imposed for a third violation |
9 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
10 | | Code, as provided in subsection (d-2.5) of that Section. The |
11 | | person's driving privileges shall be revoked for the remainder |
12 | | of his or her life.
|
13 | | (4.10) A mandatory prison sentence for a Class 1 felony |
14 | | shall be imposed, and the person shall be eligible for an |
15 | | extended term sentence, for a fourth or subsequent violation |
16 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
17 | | Code, as provided in subsection (d-3.5) of that Section. The |
18 | | person's driving privileges shall be revoked for the remainder |
19 | | of his or her life.
|
20 | | (5) The court may sentence a corporation or unincorporated
|
21 | | association convicted of any offense to:
|
22 | | (A) a period of conditional discharge;
|
23 | | (B) a fine;
|
24 | | (C) make restitution to the victim under Section 5-5-6 |
25 | | of this Code.
|
26 | | (5.1) In addition to any other penalties imposed, and |
|
| | HB4530 | - 322 - | LRB102 21798 RLC 30918 b |
|
|
1 | | except as provided in paragraph (5.2) or (5.3), a person
|
2 | | convicted of violating subsection (c) of Section 11-907 of the |
3 | | Illinois
Vehicle Code shall have his or her driver's license, |
4 | | permit, or privileges
suspended for at least 90 days but not |
5 | | more than one year, if the violation
resulted in damage to the |
6 | | property of another person.
|
7 | | (5.2) In addition to any other penalties imposed, and |
8 | | except as provided in paragraph (5.3), a person convicted
of |
9 | | violating subsection (c) of Section 11-907 of the Illinois |
10 | | Vehicle Code
shall have his or her driver's license, permit, |
11 | | or privileges suspended for at
least 180 days but not more than |
12 | | 2 years, if the violation resulted in injury
to
another |
13 | | person.
|
14 | | (5.3) In addition to any other penalties imposed, a person |
15 | | convicted of violating subsection (c) of Section
11-907 of the |
16 | | Illinois Vehicle Code shall have his or her driver's license,
|
17 | | permit, or privileges suspended for 2 years, if the violation |
18 | | resulted in the
death of another person.
|
19 | | (5.4) In addition to any other penalties imposed, a person |
20 | | convicted of violating Section 3-707 of the Illinois Vehicle |
21 | | Code shall have his or her driver's license, permit, or |
22 | | privileges suspended for 3 months and until he or she has paid |
23 | | a reinstatement fee of $100. |
24 | | (5.5) In addition to any other penalties imposed, a person |
25 | | convicted of violating Section 3-707 of the Illinois Vehicle |
26 | | Code during a period in which his or her driver's license, |
|
| | HB4530 | - 323 - | LRB102 21798 RLC 30918 b |
|
|
1 | | permit, or privileges were suspended for a previous violation |
2 | | of that Section shall have his or her driver's license, |
3 | | permit, or privileges suspended for an additional 6 months |
4 | | after the expiration of the original 3-month suspension and |
5 | | until he or she 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 |
10 | | offense of ritualized
abuse of a child may be sentenced to a |
11 | | term of natural life imprisonment.
|
12 | | (10) (Blank).
|
13 | | (11) The court shall impose a minimum fine of $1,000 for a |
14 | | first offense
and $2,000 for a second or subsequent offense |
15 | | upon a person convicted of or
placed on supervision for |
16 | | battery when the individual harmed was a sports
official or |
17 | | coach at any level of competition and the act causing harm to |
18 | | the
sports
official or coach occurred within an athletic |
19 | | facility or within the immediate vicinity
of the athletic |
20 | | facility at which the sports official or coach was an active
|
21 | | participant
of the athletic contest held at the athletic |
22 | | facility. For the purposes of
this paragraph (11), "sports |
23 | | official" means a person at an athletic contest
who enforces |
24 | | the rules of the contest, such as an umpire or referee; |
25 | | "athletic facility" means an indoor or outdoor playing field |
26 | | or recreational area where sports activities are conducted;
|
|
| | HB4530 | - 324 - | LRB102 21798 RLC 30918 b |
|
|
1 | | and "coach" means a person recognized as a coach by the |
2 | | sanctioning
authority that conducted the sporting event. |
3 | | (12) A person may not receive a disposition of court |
4 | | supervision for a
violation of Section 5-16 of the Boat |
5 | | Registration and Safety Act if that
person has previously |
6 | | received a disposition of court supervision for a
violation of |
7 | | that Section.
|
8 | | (13) A person convicted of or placed on court supervision |
9 | | for an assault or aggravated assault when the victim and the |
10 | | offender are family or household members as defined in Section |
11 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
12 | | of domestic battery or aggravated domestic battery may be |
13 | | required to attend a Partner Abuse Intervention Program under |
14 | | protocols set forth by the Illinois Department of Human |
15 | | Services under such terms and conditions imposed by the court. |
16 | | The costs of such classes shall be paid by the offender.
|
17 | | (d) In any case in which a sentence originally imposed is |
18 | | vacated,
the case shall be remanded to the trial court. The |
19 | | trial court shall
hold a hearing under Section 5-4-1 of this |
20 | | Code
which may include evidence of the defendant's life, moral |
21 | | character and
occupation during the time since the original |
22 | | sentence was passed. The
trial court shall then impose |
23 | | sentence upon the defendant. The trial
court may impose any |
24 | | sentence which could have been imposed at the
original trial |
25 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
26 | | on appeal or on collateral attack due to the
failure of the |
|
| | HB4530 | - 325 - | LRB102 21798 RLC 30918 b |
|
|
1 | | trier of fact at trial to determine beyond a reasonable doubt
|
2 | | the
existence of a fact (other than a prior conviction) |
3 | | necessary to increase the
punishment for the offense beyond |
4 | | the statutory maximum otherwise applicable,
either the |
5 | | defendant may be re-sentenced to a term within the range |
6 | | otherwise
provided or, if the State files notice of its |
7 | | intention to again seek the
extended sentence, the defendant |
8 | | shall be afforded a new trial.
|
9 | | (e) In cases where prosecution for
aggravated criminal |
10 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
11 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
12 | | of a defendant
who was a family member of the victim at the |
13 | | time of the commission of the
offense, the court shall |
14 | | consider the safety and welfare of the victim and
may impose a |
15 | | sentence of probation only where:
|
16 | | (1) the court finds (A) or (B) or both are |
17 | | appropriate:
|
18 | | (A) the defendant is willing to undergo a court |
19 | | approved counseling
program for a minimum duration of |
20 | | 2 years; or
|
21 | | (B) the defendant is willing to participate in a |
22 | | court approved plan ,
including , but not limited to , |
23 | | the defendant's:
|
24 | | (i) removal from the household;
|
25 | | (ii) restricted contact with the victim;
|
26 | | (iii) continued financial support of the |
|
| | HB4530 | - 326 - | LRB102 21798 RLC 30918 b |
|
|
1 | | family;
|
2 | | (iv) restitution for harm done to the victim; |
3 | | and
|
4 | | (v) compliance with any other measures that |
5 | | the court may
deem appropriate; and
|
6 | | (2) the court orders the defendant to pay for the |
7 | | victim's counseling
services, to the extent that the court |
8 | | finds, after considering the
defendant's income and |
9 | | assets, that the defendant is financially capable of
|
10 | | paying for such services, if the victim was under 18 years |
11 | | of age at the
time the offense was committed and requires |
12 | | counseling as a result of the
offense.
|
13 | | Probation may be revoked or modified pursuant to Section |
14 | | 5-6-4; except
where the court determines at the hearing that |
15 | | the defendant violated a
condition of his or her probation |
16 | | restricting contact with the victim or
other family members or |
17 | | commits another offense with the victim or other
family |
18 | | members, the court shall revoke the defendant's probation and
|
19 | | impose a term of imprisonment.
|
20 | | For the purposes of this Section, "family member" and |
21 | | "victim" shall have
the meanings ascribed to them in Section |
22 | | 11-0.1 of the Criminal Code of
2012.
|
23 | | (f) (Blank).
|
24 | | (g) Whenever a defendant is convicted of an offense under |
25 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
26 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
|
| | HB4530 | - 327 - | LRB102 21798 RLC 30918 b |
|
|
1 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
2 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
3 | | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012,
the defendant shall undergo medical |
5 | | testing to
determine whether the defendant has any sexually |
6 | | transmissible disease,
including a test for infection with |
7 | | human immunodeficiency virus (HIV) or
any other identified |
8 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
9 | | Any such medical test shall be performed only by appropriately
|
10 | | licensed medical practitioners and may include an analysis of |
11 | | any bodily
fluids as well as an examination of the defendant's |
12 | | person.
Except as otherwise provided by law, the results of |
13 | | such test shall be kept
strictly confidential by all medical |
14 | | personnel involved in the testing and must
be personally |
15 | | delivered in a sealed envelope to the judge of the court in |
16 | | which
the conviction was entered for the judge's inspection in |
17 | | camera. Acting in
accordance with the best interests of the |
18 | | victim and the public, the judge
shall have the discretion to |
19 | | determine to whom, if anyone, the results of the
testing may be |
20 | | revealed. The court shall notify the defendant
of the test |
21 | | results. The court shall
also notify the victim if requested |
22 | | by the victim, and if the victim is under
the age of 15 and if |
23 | | requested by the victim's parents or legal guardian, the
court |
24 | | shall notify the victim's parents or legal guardian of the |
25 | | test
results.
The court shall provide information on the |
26 | | availability of HIV testing
and counseling at Department of |
|
| | HB4530 | - 328 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Public Health facilities to all parties to
whom the results of |
2 | | the testing are revealed and shall direct the State's
Attorney |
3 | | to provide the information to the victim when possible.
The |
4 | | court shall order that the cost of any such test
shall be paid |
5 | | by the county and may be taxed as costs against the convicted
|
6 | | defendant.
|
7 | | (g-5) When an inmate is tested for an airborne |
8 | | communicable disease, as
determined by the Illinois Department |
9 | | of Public Health , including , but not
limited to , tuberculosis, |
10 | | the results of the test shall be
personally delivered by the |
11 | | warden or his or her designee in a sealed envelope
to the judge |
12 | | of the court in which the inmate must appear for the judge's
|
13 | | inspection in camera if requested by the judge. Acting in |
14 | | accordance with the
best interests of those in the courtroom, |
15 | | the judge shall have the discretion
to determine what if any |
16 | | precautions need to be taken to prevent transmission
of the |
17 | | disease in the courtroom.
|
18 | | (h) Whenever a defendant is convicted of an offense under |
19 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
20 | | defendant shall undergo
medical testing to determine whether |
21 | | the defendant has been exposed to human
immunodeficiency virus |
22 | | (HIV) or any other identified causative agent of
acquired |
23 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
24 | | by
law, the results of such test shall be kept strictly |
25 | | confidential by all
medical personnel involved in the testing |
26 | | and must be personally delivered in a
sealed envelope to the |
|
| | HB4530 | - 329 - | LRB102 21798 RLC 30918 b |
|
|
1 | | judge of the court in which the conviction was entered
for the |
2 | | judge's inspection in camera. Acting in accordance with the |
3 | | best
interests of the public, the judge shall have the |
4 | | discretion to determine to
whom, if anyone, the results of the |
5 | | testing may be revealed. The court shall
notify the defendant |
6 | | of a positive test showing an infection with the human
|
7 | | immunodeficiency virus (HIV). The court shall provide |
8 | | information on the
availability of HIV testing and counseling |
9 | | at Department of Public Health
facilities to all parties to |
10 | | whom the results of the testing are revealed and
shall direct |
11 | | the State's Attorney to provide the information to the victim |
12 | | when
possible. The court shall order that the cost of any
such |
13 | | test shall be paid by the county and may be taxed as costs |
14 | | against the
convicted defendant.
|
15 | | (i) All fines and penalties imposed under this Section for |
16 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
17 | | Vehicle Code, or a similar
provision of a local ordinance, and |
18 | | any violation
of the Child Passenger Protection Act, or a |
19 | | similar provision of a local
ordinance, shall be collected and |
20 | | disbursed by the circuit
clerk as provided under the Criminal |
21 | | and Traffic Assessment Act.
|
22 | | (j) In cases when prosecution for any violation of Section |
23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
24 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
25 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
26 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
|
| | HB4530 | - 330 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
2 | | Code of 2012, any violation of the Illinois Controlled |
3 | | Substances Act,
any violation of the Cannabis Control Act, or |
4 | | any violation of the Methamphetamine Control and Community |
5 | | Protection Act results in conviction, a
disposition of court |
6 | | supervision, or an order of probation granted under
Section 10 |
7 | | of the Cannabis Control Act, Section 410 of the Illinois
|
8 | | Controlled Substances Act, or Section 70 of the |
9 | | Methamphetamine Control and Community Protection Act of a |
10 | | defendant, the court shall determine whether the
defendant is |
11 | | employed by a facility or center as defined under the Child |
12 | | Care
Act of 1969, a public or private elementary or secondary |
13 | | school, or otherwise
works with children under 18 years of age |
14 | | on a daily basis. When a defendant
is so employed, the court |
15 | | shall order the Clerk of the Court to send a copy of
the |
16 | | judgment of conviction or order of supervision or probation to |
17 | | the
defendant's employer by certified mail.
If the employer of |
18 | | the defendant is a school, the Clerk of the Court shall
direct |
19 | | the mailing of a copy of the judgment of conviction or order of
|
20 | | supervision or probation to the appropriate regional |
21 | | superintendent of schools.
The regional superintendent of |
22 | | schools shall notify the State Board of
Education of any |
23 | | notification under this subsection.
|
24 | | (j-5) A defendant at least 17 years of age who is convicted |
25 | | of a felony and
who has not been previously convicted of a |
26 | | misdemeanor or felony and who is
sentenced to a term of |
|
| | HB4530 | - 331 - | LRB102 21798 RLC 30918 b |
|
|
1 | | imprisonment in the Illinois Department of Corrections
shall |
2 | | as a condition of his or her sentence be required by the court |
3 | | to attend
educational courses designed to prepare the |
4 | | defendant for a high school diploma
and to work toward a high |
5 | | school diploma or to work toward passing high school |
6 | | equivalency testing or to work toward
completing a vocational |
7 | | training program offered by the Department of
Corrections. If |
8 | | a defendant fails to complete the educational training
|
9 | | required by his or her sentence during the term of |
10 | | incarceration, the Prisoner
Review Board shall, as a condition |
11 | | of mandatory supervised release, require the
defendant, at his |
12 | | or her own expense, to pursue a course of study toward a high
|
13 | | school diploma or passage of high school equivalency testing. |
14 | | The Prisoner Review Board shall
revoke the mandatory |
15 | | supervised release of a defendant who wilfully fails to
comply |
16 | | with this subsection (j-5) upon his or her release from |
17 | | confinement in a
penal institution while serving a mandatory |
18 | | supervised release term; however,
the inability of the |
19 | | defendant after making a good faith effort to obtain
financial |
20 | | aid or pay for the educational training shall not be deemed a |
21 | | wilful
failure to comply. The Prisoner Review Board shall |
22 | | recommit the defendant
whose mandatory supervised release term |
23 | | has been revoked under this subsection
(j-5) as provided in |
24 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
25 | | defendant who has a high school diploma or has successfully |
26 | | passed high school equivalency testing. This subsection (j-5) |
|
| | HB4530 | - 332 - | LRB102 21798 RLC 30918 b |
|
|
1 | | does not apply to a defendant who is determined by
the court to |
2 | | be a person with a developmental disability or otherwise |
3 | | mentally incapable of
completing the educational or vocational |
4 | | program.
|
5 | | (k) (Blank).
|
6 | | (l) (A) Except as provided
in paragraph (C) of subsection |
7 | | (l), whenever a defendant,
who is an alien as defined by the |
8 | | Immigration and Nationality Act, is convicted
of any felony or |
9 | | misdemeanor offense, the court after sentencing the defendant
|
10 | | may, upon motion of the State's Attorney, hold sentence in |
11 | | abeyance and remand
the defendant to the custody of the |
12 | | Attorney General of
the United States or his or her designated |
13 | | agent to be deported when:
|
14 | | (1) a final order of deportation has been issued |
15 | | against the defendant
pursuant to proceedings under the |
16 | | Immigration and Nationality Act, and
|
17 | | (2) the deportation of the defendant would not |
18 | | deprecate the seriousness
of the defendant's conduct and |
19 | | would not be inconsistent with the ends of
justice.
|
20 | | Otherwise, the defendant shall be sentenced as provided in |
21 | | this Chapter V.
|
22 | | (B) If the defendant has already been sentenced for a |
23 | | felony or
misdemeanor
offense, or has been placed on probation |
24 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
25 | | the Illinois Controlled Substances Act, or Section 70 of the |
26 | | Methamphetamine Control and Community Protection Act, the |
|
| | HB4530 | - 333 - | LRB102 21798 RLC 30918 b |
|
|
1 | | court
may, upon motion of the State's Attorney to suspend the
|
2 | | sentence imposed, commit the defendant to the custody of the |
3 | | Attorney General
of the United States or his or her designated |
4 | | agent when:
|
5 | | (1) a final order of deportation has been issued |
6 | | against the defendant
pursuant to proceedings under the |
7 | | Immigration and Nationality Act, and
|
8 | | (2) the deportation of the defendant would not |
9 | | deprecate the seriousness
of the defendant's conduct and |
10 | | would not be inconsistent with the ends of
justice.
|
11 | | (C) This subsection (l) does not apply to offenders who |
12 | | are subject to the
provisions of paragraph (2) of subsection |
13 | | (a) of Section 3-6-3.
|
14 | | (D) Upon motion of the State's Attorney, if a defendant |
15 | | sentenced under
this Section returns to the jurisdiction of |
16 | | the United States, the defendant
shall be recommitted to the |
17 | | custody of the county from which he or she was
sentenced.
|
18 | | Thereafter, the defendant shall be brought before the |
19 | | sentencing court, which
may impose any sentence that was |
20 | | available under Section 5-5-3 at the time of
initial |
21 | | sentencing. In addition, the defendant shall not be eligible |
22 | | for
additional earned sentence credit as provided under
|
23 | | Section 3-6-3.
|
24 | | (m) A person convicted of criminal defacement of property |
25 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
26 | | Criminal Code of 2012, in which the property damage exceeds |
|
| | HB4530 | - 334 - | LRB102 21798 RLC 30918 b |
|
|
1 | | $300
and the property damaged is a school building, shall be |
2 | | ordered to perform
community service that may include cleanup, |
3 | | removal, or painting over the
defacement.
|
4 | | (n) The court may sentence a person convicted of a |
5 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
6 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
7 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
8 | | incarceration program if the person is otherwise eligible for |
9 | | that program
under Section 5-8-1.1, (ii) to community service, |
10 | | or (iii) if the person has a substance use disorder, as defined
|
11 | | in the Substance Use Disorder Act, to a treatment program
|
12 | | licensed under that Act. |
13 | | (o) Whenever a person is convicted of a sex offense as |
14 | | defined in Section 2 of the Sex Offender Registration Act, the |
15 | | defendant's driver's license or permit shall be subject to |
16 | | renewal on an annual basis in accordance with the provisions |
17 | | of license renewal established by the Secretary of State.
|
18 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
19 | | 102-531, eff. 1-1-22; revised 10-12-21.)
|
20 | | (730 ILCS 5/5-5-3.2)
|
21 | | (Text of Section before amendment by P.A. 101-652 ) |
22 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
23 | | sentencing.
|
24 | | (a) The following factors shall be accorded weight in |
25 | | favor of
imposing a term of imprisonment or may be considered |
|
| | HB4530 | - 335 - | LRB102 21798 RLC 30918 b |
|
|
1 | | by the court as reasons
to impose a more severe sentence under |
2 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
3 | | (1) the defendant's conduct caused or threatened |
4 | | serious harm;
|
5 | | (2) the defendant received compensation for committing |
6 | | the offense;
|
7 | | (3) the defendant has a history of prior delinquency |
8 | | or criminal activity;
|
9 | | (4) the defendant, by the duties of his office or by |
10 | | his position,
was obliged to prevent the particular |
11 | | offense committed or to bring
the offenders committing it |
12 | | to justice;
|
13 | | (5) the defendant held public office at the time of |
14 | | the offense,
and the offense related to the conduct of |
15 | | that office;
|
16 | | (6) the defendant utilized his professional reputation |
17 | | or
position in the community to commit the offense, or to |
18 | | afford
him an easier means of committing it;
|
19 | | (7) the sentence is necessary to deter others from |
20 | | committing
the same crime;
|
21 | | (8) the defendant committed the offense against a |
22 | | person 60 years of age
or older or such person's property;
|
23 | | (9) the defendant committed the offense against a |
24 | | person who has a physical disability or such person's |
25 | | property;
|
26 | | (10) by reason of another individual's actual or |
|
| | HB4530 | - 336 - | LRB102 21798 RLC 30918 b |
|
|
1 | | perceived race, color,
creed, religion, ancestry, gender, |
2 | | sexual orientation, physical or mental
disability, or |
3 | | national origin, the defendant committed the offense |
4 | | against (i)
the person or property
of that individual; |
5 | | (ii) the person or property of a person who has an
|
6 | | association with, is married to, or has a friendship with |
7 | | the other individual;
or (iii) the person or property of a |
8 | | relative (by blood or marriage) of a
person described in |
9 | | clause (i) or (ii). For the purposes of this Section,
|
10 | | "sexual orientation" has the meaning ascribed to it in |
11 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
12 | | Rights Act;
|
13 | | (11) the offense took place in a place of worship or on |
14 | | the
grounds of a place of worship, immediately prior to, |
15 | | during or immediately
following worship services. For |
16 | | purposes of this subparagraph, "place of
worship" shall |
17 | | mean any church, synagogue or other building, structure or
|
18 | | place used primarily for religious worship;
|
19 | | (12) the defendant was convicted of a felony committed |
20 | | while he was
released on bail or his own recognizance |
21 | | pending trial for a prior felony
and was convicted of such |
22 | | prior felony, or the defendant was convicted of a
felony |
23 | | committed while he was serving a period of probation,
|
24 | | conditional discharge, or mandatory supervised release |
25 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
26 | | (13) the defendant committed or attempted to commit a |
|
| | HB4530 | - 337 - | LRB102 21798 RLC 30918 b |
|
|
1 | | felony while he
was wearing a bulletproof vest. For the |
2 | | purposes of this paragraph (13), a
bulletproof vest is any |
3 | | device which is designed for the purpose of
protecting the |
4 | | wearer from bullets, shot or other lethal projectiles;
|
5 | | (14) the defendant held a position of trust or |
6 | | supervision such as, but
not limited to, family member as |
7 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
8 | | teacher, scout leader, baby sitter, or day care worker, in
|
9 | | relation to a victim under 18 years of age, and the |
10 | | defendant committed an
offense in violation of Section |
11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
12 | | 11-14.4 except for an offense that involves keeping a |
13 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
14 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
15 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
16 | | of 2012
against
that victim;
|
17 | | (15) the defendant committed an offense related to the |
18 | | activities of an
organized gang. For the purposes of this |
19 | | factor, "organized gang" has the
meaning ascribed to it in |
20 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
21 | | Act;
|
22 | | (16) the defendant committed an offense in violation |
23 | | of one of the
following Sections while in a school, |
24 | | regardless of the time of day or time of
year; on any |
25 | | conveyance owned, leased, or contracted by a school to |
26 | | transport
students to or from school or a school related |
|
| | HB4530 | - 338 - | LRB102 21798 RLC 30918 b |
|
|
1 | | activity; on the real property
of a school; or on a public |
2 | | way within 1,000 feet of the real property
comprising any |
3 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
4 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
5 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
6 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
7 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
8 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
9 | | 1961 or the Criminal Code of 2012;
|
10 | | (16.5) the defendant committed an offense in violation |
11 | | of one of the
following Sections while in a day care |
12 | | center, regardless of the time of day or
time of year; on |
13 | | the real property of a day care center, regardless of the |
14 | | time
of day or time of year; or on a public
way within |
15 | | 1,000 feet of the real property comprising any day care |
16 | | center,
regardless of the time of day or time of year:
|
17 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
18 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
19 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
20 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
21 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
22 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
23 | | Criminal Code of 2012;
|
24 | | (17) the defendant committed the offense by reason of |
25 | | any person's
activity as a community policing volunteer or |
26 | | to prevent any person from
engaging in activity as a |
|
| | HB4530 | - 339 - | LRB102 21798 RLC 30918 b |
|
|
1 | | community policing volunteer. For the purpose of
this |
2 | | Section, "community policing volunteer" has the meaning |
3 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
4 | | 2012;
|
5 | | (18) the defendant committed the offense in a nursing |
6 | | home or on the
real
property comprising a nursing home. |
7 | | For the purposes of this paragraph (18),
"nursing home" |
8 | | means a skilled nursing
or intermediate long term care |
9 | | facility that is subject to license by the
Illinois |
10 | | Department of Public Health under the Nursing Home Care
|
11 | | Act, the Specialized Mental Health Rehabilitation Act of |
12 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
13 | | (19) the defendant was a federally licensed firearm |
14 | | dealer
and
was
previously convicted of a violation of |
15 | | subsection (a) of Section 3 of the
Firearm Owners |
16 | | Identification Card Act and has now committed either a |
17 | | felony
violation
of the Firearm Owners Identification Card |
18 | | Act or an act of armed violence while
armed
with a firearm; |
19 | | (20) the defendant (i) committed the offense of |
20 | | reckless homicide under Section 9-3 of the Criminal Code |
21 | | of 1961 or the Criminal Code of 2012 or the offense of |
22 | | driving under the influence of alcohol, other drug or
|
23 | | drugs, intoxicating compound or compounds or any |
24 | | combination thereof under Section 11-501 of the Illinois |
25 | | Vehicle Code or a similar provision of a local ordinance |
26 | | and (ii) was operating a motor vehicle in excess of 20 |
|
| | HB4530 | - 340 - | LRB102 21798 RLC 30918 b |
|
|
1 | | miles per hour over the posted speed limit as provided in |
2 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
3 | | (21) the defendant (i) committed the offense of |
4 | | reckless driving or aggravated reckless driving under |
5 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
6 | | operating a motor vehicle in excess of 20 miles per hour |
7 | | over the posted speed limit as provided in Article VI of |
8 | | Chapter 11 of the Illinois Vehicle Code; |
9 | | (22) the defendant committed the offense against a |
10 | | person that the defendant knew, or reasonably should have |
11 | | known, was a member of the Armed Forces of the United |
12 | | States serving on active duty. For purposes of this clause |
13 | | (22), the term "Armed Forces" means any of the Armed |
14 | | Forces of the United States, including a member of any |
15 | | reserve component thereof or National Guard unit called to |
16 | | active duty;
|
17 | | (23)
the defendant committed the offense against a |
18 | | person who was elderly or infirm or who was a person with a |
19 | | disability by taking advantage of a family or fiduciary |
20 | | relationship with the elderly or infirm person or person |
21 | | with a disability;
|
22 | | (24)
the defendant committed any offense under Section |
23 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
24 | | of 2012 and possessed 100 or more images;
|
25 | | (25) the defendant committed the offense while the |
26 | | defendant or the victim was in a train, bus, or other |
|
| | HB4530 | - 341 - | LRB102 21798 RLC 30918 b |
|
|
1 | | vehicle used for public transportation; |
2 | | (26) the defendant committed the offense of child |
3 | | pornography or aggravated child pornography, specifically |
4 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
5 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
6 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
7 | | solicited for, depicted in, or posed in any act of sexual |
8 | | penetration or bound, fettered, or subject to sadistic, |
9 | | masochistic, or sadomasochistic abuse in a sexual context |
10 | | and specifically including paragraph (1), (2), (3), (4), |
11 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
12 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
13 | | engaged in, solicited for, depicted in, or posed in any |
14 | | act of sexual penetration or bound, fettered, or subject |
15 | | to sadistic, masochistic, or sadomasochistic abuse in a |
16 | | sexual context; |
17 | | (27) the defendant committed the offense of first |
18 | | degree murder, assault, aggravated assault, battery, |
19 | | aggravated battery, robbery, armed robbery, or aggravated |
20 | | robbery against a person who was a veteran and the |
21 | | defendant knew, or reasonably should have known, that the |
22 | | person was a veteran performing duties as a representative |
23 | | of a veterans' organization. For the purposes of this |
24 | | paragraph (27), "veteran" means an Illinois resident who |
25 | | has served as a member of the United States Armed Forces, a |
26 | | member of the Illinois National Guard, or a member of the |
|
| | HB4530 | - 342 - | LRB102 21798 RLC 30918 b |
|
|
1 | | United States Reserve Forces; and "veterans' organization" |
2 | | means an organization comprised of members of
which |
3 | | substantially all are individuals who are veterans or |
4 | | spouses,
widows, or widowers of veterans, the primary |
5 | | purpose of which is to
promote the welfare of its members |
6 | | and to provide assistance to the general
public in such a |
7 | | way as to confer a public benefit; |
8 | | (28) the defendant committed the offense of assault, |
9 | | aggravated assault, battery, aggravated battery, robbery, |
10 | | armed robbery, or aggravated robbery against a person that |
11 | | the defendant knew or reasonably should have known was a |
12 | | letter carrier or postal worker while that person was |
13 | | performing his or her duties delivering mail for the |
14 | | United States Postal Service; |
15 | | (29) the defendant committed the offense of criminal |
16 | | sexual assault, aggravated criminal sexual assault, |
17 | | criminal sexual abuse, or aggravated criminal sexual abuse |
18 | | against a victim with an intellectual disability, and the |
19 | | defendant holds a position of trust, authority, or |
20 | | supervision in relation to the victim; |
21 | | (30) the defendant committed the offense of promoting |
22 | | juvenile prostitution, patronizing a prostitute, or |
23 | | patronizing a minor engaged in prostitution and at the |
24 | | time of the commission of the offense knew that the |
25 | | prostitute or minor engaged in prostitution was in the |
26 | | custody or guardianship of the Department of Children and |
|
| | HB4530 | - 343 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Family Services; |
2 | | (31) the defendant (i) committed the offense of |
3 | | driving while under the influence of alcohol, other drug |
4 | | or drugs, intoxicating compound or compounds or any |
5 | | combination thereof in violation of Section 11-501 of the |
6 | | Illinois Vehicle Code or a similar provision of a local |
7 | | ordinance and (ii) the defendant during the commission of |
8 | | the offense was driving his or her vehicle upon a roadway |
9 | | designated for one-way traffic in the opposite direction |
10 | | of the direction indicated by official traffic control |
11 | | devices; |
12 | | (32) the defendant committed the offense of reckless |
13 | | homicide while committing a violation of Section 11-907 of |
14 | | the Illinois Vehicle Code; |
15 | | (33) the defendant was found guilty of an |
16 | | administrative infraction related to an act or acts of |
17 | | public indecency or sexual misconduct in the penal |
18 | | institution. In this paragraph (33), "penal institution" |
19 | | has the same meaning as in Section 2-14 of the Criminal |
20 | | Code of 2012; or |
21 | | (34) the defendant committed the offense of leaving |
22 | | the scene of an accident in violation of subsection (b) of |
23 | | Section 11-401 of the Illinois Vehicle Code and the |
24 | | accident resulted in the death of a person and at the time |
25 | | of the offense, the defendant was: (i) driving under the |
26 | | influence of alcohol, other drug or drugs, intoxicating |
|
| | HB4530 | - 344 - | LRB102 21798 RLC 30918 b |
|
|
1 | | compound or compounds or any combination thereof as |
2 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
3 | | (ii) operating the motor vehicle while using an electronic |
4 | | communication device as defined in Section 12-610.2 of the |
5 | | Illinois Vehicle Code. |
6 | | For the purposes of this Section:
|
7 | | "School" is defined as a public or private
elementary or |
8 | | secondary school, community college, college, or university.
|
9 | | "Day care center" means a public or private State |
10 | | certified and
licensed day care center as defined in Section |
11 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
12 | | plain view stating that the
property is a day care center.
|
13 | | "Intellectual disability" means significantly subaverage |
14 | | intellectual functioning which exists concurrently
with |
15 | | impairment in adaptive behavior. |
16 | | "Public transportation" means the transportation
or |
17 | | conveyance of persons by means available to the general |
18 | | public, and includes paratransit services. |
19 | | "Traffic control devices" means all signs, signals, |
20 | | markings, and devices that conform to the Illinois Manual on |
21 | | Uniform Traffic Control Devices, placed or erected by |
22 | | authority of a public body or official having jurisdiction, |
23 | | for the purpose of regulating, warning, or guiding traffic. |
24 | | (b) The following factors, related to all felonies, may be |
25 | | considered by the court as
reasons to impose an extended term |
26 | | sentence under Section 5-8-2
upon any offender:
|
|
| | HB4530 | - 345 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1) When a defendant is convicted of any felony, after |
2 | | having
been previously convicted in Illinois or any other |
3 | | jurisdiction of the
same or similar class felony or |
4 | | greater class felony, when such conviction
has occurred |
5 | | within 10 years after the
previous conviction, excluding |
6 | | time spent in custody, and such charges are
separately |
7 | | brought and tried and arise out of different series of |
8 | | acts; or
|
9 | | (2) When a defendant is convicted of any felony and |
10 | | the court
finds that the offense was accompanied by |
11 | | exceptionally brutal
or heinous behavior indicative of |
12 | | wanton cruelty; or
|
13 | | (3) When a defendant is convicted of any felony |
14 | | committed against:
|
15 | | (i) a person under 12 years of age at the time of |
16 | | the offense or such
person's property;
|
17 | | (ii) a person 60 years of age or older at the time |
18 | | of the offense or
such person's property; or
|
19 | | (iii) a person who had a physical disability at |
20 | | the time of the offense or
such person's property; or
|
21 | | (4) When a defendant is convicted of any felony and |
22 | | the offense
involved any of the following types of |
23 | | specific misconduct committed as
part of a ceremony, rite, |
24 | | initiation, observance, performance, practice or
activity |
25 | | of any actual or ostensible religious, fraternal, or |
26 | | social group:
|
|
| | HB4530 | - 346 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (i) the brutalizing or torturing of humans or |
2 | | animals;
|
3 | | (ii) the theft of human corpses;
|
4 | | (iii) the kidnapping of humans;
|
5 | | (iv) the desecration of any cemetery, religious, |
6 | | fraternal, business,
governmental, educational, or |
7 | | other building or property; or
|
8 | | (v) ritualized abuse of a child; or
|
9 | | (5) When a defendant is convicted of a felony other |
10 | | than conspiracy and
the court finds that
the felony was |
11 | | committed under an agreement with 2 or more other persons
|
12 | | to commit that offense and the defendant, with respect to |
13 | | the other
individuals, occupied a position of organizer, |
14 | | supervisor, financier, or any
other position of management |
15 | | or leadership, and the court further finds that
the felony |
16 | | committed was related to or in furtherance of the criminal
|
17 | | activities of an organized gang or was motivated by the |
18 | | defendant's leadership
in an organized gang; or
|
19 | | (6) When a defendant is convicted of an offense |
20 | | committed while using a firearm with a
laser sight |
21 | | attached to it. For purposes of this paragraph, "laser |
22 | | sight"
has the meaning ascribed to it in Section 26-7 of |
23 | | the Criminal Code of
2012; or
|
24 | | (7) When a defendant who was at least 17 years of age |
25 | | at the
time of
the commission of the offense is convicted |
26 | | of a felony and has been previously
adjudicated a |
|
| | HB4530 | - 347 - | LRB102 21798 RLC 30918 b |
|
|
1 | | delinquent minor under the Juvenile Court Act of 1987 for |
2 | | an act
that if committed by an adult would be a Class X or |
3 | | Class 1 felony when the
conviction has occurred within 10 |
4 | | years after the previous adjudication,
excluding time |
5 | | spent in custody; or
|
6 | | (8) When a defendant commits any felony and the |
7 | | defendant used, possessed, exercised control over, or |
8 | | otherwise directed an animal to assault a law enforcement |
9 | | officer engaged in the execution of his or her official |
10 | | duties or in furtherance of the criminal activities of an |
11 | | organized gang in which the defendant is engaged; or
|
12 | | (9) When a defendant commits any felony and the |
13 | | defendant knowingly video or audio records the offense |
14 | | with the intent to disseminate the recording. |
15 | | (c) The following factors may be considered by the court |
16 | | as reasons to impose an extended term sentence under Section |
17 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
18 | | offenses: |
19 | | (1) When a defendant is convicted of first degree |
20 | | murder, after having been previously convicted in Illinois |
21 | | of any offense listed under paragraph (c)(2) of Section |
22 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
23 | | occurred within 10 years after the previous conviction, |
24 | | excluding time spent in custody, and the charges are |
25 | | separately brought and tried and arise out of different |
26 | | series of acts. |
|
| | HB4530 | - 348 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (1.5) When a defendant is convicted of first degree |
2 | | murder, after having been previously convicted of domestic |
3 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
4 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
5 | | having been previously convicted of violation of an order |
6 | | of protection (720 ILCS 5/12-30) in which the same victim |
7 | | was the protected person. |
8 | | (2) When a defendant is convicted of voluntary |
9 | | manslaughter, second degree murder, involuntary |
10 | | manslaughter, or reckless homicide in which the defendant |
11 | | has been convicted of causing the death of more than one |
12 | | individual. |
13 | | (3) When a defendant is convicted of aggravated |
14 | | criminal sexual assault or criminal sexual assault, when |
15 | | there is a finding that aggravated criminal sexual assault |
16 | | or criminal sexual assault was also committed on the same |
17 | | victim by one or more other individuals, and the defendant |
18 | | voluntarily participated in the crime with the knowledge |
19 | | of the participation of the others in the crime, and the |
20 | | commission of the crime was part of a single course of |
21 | | conduct during which there was no substantial change in |
22 | | the nature of the criminal objective. |
23 | | (4) If the victim was under 18 years of age at the time |
24 | | of the commission of the offense, when a defendant is |
25 | | convicted of aggravated criminal sexual assault or |
26 | | predatory criminal sexual assault of a child under |
|
| | HB4530 | - 349 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
2 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
3 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
4 | | (5) When a defendant is convicted of a felony |
5 | | violation of Section 24-1 of the Criminal Code of 1961 or |
6 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
7 | | finding that the defendant is a member of an organized |
8 | | gang. |
9 | | (6) When a defendant was convicted of unlawful use of |
10 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
12 | | a weapon that is not readily distinguishable as one of the |
13 | | weapons enumerated in Section 24-1 of the Criminal Code of |
14 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
15 | | (7) When a defendant is convicted of an offense |
16 | | involving the illegal manufacture of a controlled |
17 | | substance under Section 401 of the Illinois Controlled |
18 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
19 | | of methamphetamine under Section 25 of the Methamphetamine |
20 | | Control and Community Protection Act (720 ILCS 646/25), or |
21 | | the illegal possession of explosives and an emergency |
22 | | response officer in the performance of his or her duties |
23 | | is killed or injured at the scene of the offense while |
24 | | responding to the emergency caused by the commission of |
25 | | the offense. In this paragraph, "emergency" means a |
26 | | situation in which a person's life, health, or safety is |
|
| | HB4530 | - 350 - | LRB102 21798 RLC 30918 b |
|
|
1 | | in jeopardy; and "emergency response officer" means a |
2 | | peace officer, community policing volunteer, fireman, |
3 | | emergency medical technician-ambulance, emergency medical |
4 | | technician-intermediate, emergency medical |
5 | | technician-paramedic, ambulance driver, other medical |
6 | | assistance or first aid personnel, or hospital emergency |
7 | | room personnel.
|
8 | | (8) When the defendant is convicted of attempted mob |
9 | | action, solicitation to commit mob action, or conspiracy |
10 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
11 | | Criminal Code of 2012, where the criminal object is a |
12 | | violation of Section 25-1 of the Criminal Code of 2012, |
13 | | and an electronic communication is used in the commission |
14 | | of the offense. For the purposes of this paragraph (8), |
15 | | "electronic communication" shall have the meaning provided |
16 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
17 | | (d) For the purposes of this Section, "organized gang" has |
18 | | the meaning
ascribed to it in Section 10 of the Illinois |
19 | | Streetgang Terrorism Omnibus
Prevention Act.
|
20 | | (e) The court may impose an extended term sentence under |
21 | | Article 4.5 of Chapter V upon an offender who has been |
22 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
23 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
24 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
25 | | when the victim of the offense is under 18 years of age at the |
26 | | time of the commission of the offense and, during the |
|
| | HB4530 | - 351 - | LRB102 21798 RLC 30918 b |
|
|
1 | | commission of the offense, the victim was under the influence |
2 | | of alcohol, regardless of whether or not the alcohol was |
3 | | supplied by the offender; and the offender, at the time of the |
4 | | commission of the offense, knew or should have known that the |
5 | | victim had consumed alcohol. |
6 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
7 | | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.) |
8 | | (Text of Section after amendment by P.A. 101-652 ) |
9 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
10 | | sentencing.
|
11 | | (a) The following factors shall be accorded weight in |
12 | | favor of
imposing a term of imprisonment or may be considered |
13 | | by the court as reasons
to impose a more severe sentence under |
14 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
15 | | (1) the defendant's conduct caused or threatened |
16 | | serious harm;
|
17 | | (2) the defendant received compensation for committing |
18 | | the offense;
|
19 | | (3) the defendant has a history of prior delinquency |
20 | | or criminal activity;
|
21 | | (4) the defendant, by the duties of his office or by |
22 | | his position,
was obliged to prevent the particular |
23 | | offense committed or to bring
the offenders committing it |
24 | | to justice;
|
25 | | (5) the defendant held public office at the time of |
|
| | HB4530 | - 352 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the offense,
and the offense related to the conduct of |
2 | | that office;
|
3 | | (6) the defendant utilized his professional reputation |
4 | | or
position in the community to commit the offense, or to |
5 | | afford
him an easier means of committing it;
|
6 | | (7) the sentence is necessary to deter others from |
7 | | committing
the same crime;
|
8 | | (8) the defendant committed the offense against a |
9 | | person 60 years of age
or older or such person's property;
|
10 | | (9) the defendant committed the offense against a |
11 | | person who has a physical disability or such person's |
12 | | property;
|
13 | | (10) by reason of another individual's actual or |
14 | | perceived race, color,
creed, religion, ancestry, gender, |
15 | | sexual orientation, physical or mental
disability, or |
16 | | national origin, the defendant committed the offense |
17 | | against (i)
the person or property
of that individual; |
18 | | (ii) the person or property of a person who has an
|
19 | | association with, is married to, or has a friendship with |
20 | | the other individual;
or (iii) the person or property of a |
21 | | relative (by blood or marriage) of a
person described in |
22 | | clause (i) or (ii). For the purposes of this Section,
|
23 | | "sexual orientation" has the meaning ascribed to it in |
24 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
25 | | Rights Act;
|
26 | | (11) the offense took place in a place of worship or on |
|
| | HB4530 | - 353 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the
grounds of a place of worship, immediately prior to, |
2 | | during or immediately
following worship services. For |
3 | | purposes of this subparagraph, "place of
worship" shall |
4 | | mean any church, synagogue or other building, structure or
|
5 | | place used primarily for religious worship;
|
6 | | (12) the defendant was convicted of a felony committed |
7 | | while he was
on pretrial release or his own recognizance |
8 | | pending trial for a prior felony
and was convicted of such |
9 | | prior felony, or the defendant was convicted of a
felony |
10 | | committed while he was serving a period of probation,
|
11 | | conditional discharge, or mandatory supervised release |
12 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
13 | | (13) the defendant committed or attempted to commit a |
14 | | felony while he
was wearing a bulletproof vest. For the |
15 | | purposes of this paragraph (13), a
bulletproof vest is any |
16 | | device which is designed for the purpose of
protecting the |
17 | | wearer from bullets, shot or other lethal projectiles;
|
18 | | (14) the defendant held a position of trust or |
19 | | supervision such as, but
not limited to, family member as |
20 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
21 | | teacher, scout leader, baby sitter, or day care worker, in
|
22 | | relation to a victim under 18 years of age, and the |
23 | | defendant committed an
offense in violation of Section |
24 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
25 | | 11-14.4 except for an offense that involves keeping a |
26 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
|
| | HB4530 | - 354 - | LRB102 21798 RLC 30918 b |
|
|
1 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
2 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
3 | | of 2012
against
that victim;
|
4 | | (15) the defendant committed an offense related to the |
5 | | activities of an
organized gang. For the purposes of this |
6 | | factor, "organized gang" has the
meaning ascribed to it in |
7 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
8 | | Act;
|
9 | | (16) the defendant committed an offense in violation |
10 | | of one of the
following Sections while in a school, |
11 | | regardless of the time of day or time of
year; on any |
12 | | conveyance owned, leased, or contracted by a school to |
13 | | transport
students to or from school or a school related |
14 | | activity; on the real property
of a school; or on a public |
15 | | way within 1,000 feet of the real property
comprising any |
16 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
17 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
18 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
19 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, |
20 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
21 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
|
22 | | 1961 or the Criminal Code of 2012;
|
23 | | (16.5) the defendant committed an offense in violation |
24 | | of one of the
following Sections while in a day care |
25 | | center, regardless of the time of day or
time of year; on |
26 | | the real property of a day care center, regardless of the |
|
| | HB4530 | - 355 - | LRB102 21798 RLC 30918 b |
|
|
1 | | time
of day or time of year; or on a public
way within |
2 | | 1,000 feet of the real property comprising any day care |
3 | | center,
regardless of the time of day or time of year:
|
4 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
5 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
6 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
7 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
8 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
9 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
10 | | Criminal Code of 2012;
|
11 | | (17) the defendant committed the offense by reason of |
12 | | any person's
activity as a community policing volunteer or |
13 | | to prevent any person from
engaging in activity as a |
14 | | community policing volunteer. For the purpose of
this |
15 | | Section, "community policing volunteer" has the meaning |
16 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
17 | | 2012;
|
18 | | (18) the defendant committed the offense in a nursing |
19 | | home or on the
real
property comprising a nursing home. |
20 | | For the purposes of this paragraph (18),
"nursing home" |
21 | | means a skilled nursing
or intermediate long term care |
22 | | facility that is subject to license by the
Illinois |
23 | | Department of Public Health under the Nursing Home Care
|
24 | | Act, the Specialized Mental Health Rehabilitation Act of |
25 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
26 | | (19) the defendant was a federally licensed firearm |
|
| | HB4530 | - 356 - | LRB102 21798 RLC 30918 b |
|
|
1 | | dealer
and
was
previously convicted of a violation of |
2 | | subsection (a) of Section 3 of the
Firearm Owners |
3 | | Identification Card Act before its repeal by this |
4 | | amendatory Act of the 102nd General Assembly and has now |
5 | | committed either a felony
violation
of the Firearm Owners |
6 | | Identification Card Act or an act of armed violence while
|
7 | | armed
with a firearm; |
8 | | (20) the defendant (i) committed the offense of |
9 | | reckless homicide under Section 9-3 of the Criminal Code |
10 | | of 1961 or the Criminal Code of 2012 or the offense of |
11 | | driving under the influence of alcohol, other drug or
|
12 | | drugs, intoxicating compound or compounds or any |
13 | | combination thereof under Section 11-501 of the Illinois |
14 | | Vehicle Code or a similar provision of a local ordinance |
15 | | and (ii) was operating a motor vehicle in excess of 20 |
16 | | miles per hour over the posted speed limit as provided in |
17 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
|
18 | | (21) the defendant (i) committed the offense of |
19 | | reckless driving or aggravated reckless driving under |
20 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
21 | | operating a motor vehicle in excess of 20 miles per hour |
22 | | over the posted speed limit as provided in Article VI of |
23 | | Chapter 11 of the Illinois Vehicle Code; |
24 | | (22) the defendant committed the offense against a |
25 | | person that the defendant knew, or reasonably should have |
26 | | known, was a member of the Armed Forces of the United |
|
| | HB4530 | - 357 - | LRB102 21798 RLC 30918 b |
|
|
1 | | States serving on active duty. For purposes of this clause |
2 | | (22), the term "Armed Forces" means any of the Armed |
3 | | Forces of the United States, including a member of any |
4 | | reserve component thereof or National Guard unit called to |
5 | | active duty;
|
6 | | (23)
the defendant committed the offense against a |
7 | | person who was elderly or infirm or who was a person with a |
8 | | disability by taking advantage of a family or fiduciary |
9 | | relationship with the elderly or infirm person or person |
10 | | with a disability;
|
11 | | (24)
the defendant committed any offense under Section |
12 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
13 | | of 2012 and possessed 100 or more images;
|
14 | | (25) the defendant committed the offense while the |
15 | | defendant or the victim was in a train, bus, or other |
16 | | vehicle used for public transportation; |
17 | | (26) the defendant committed the offense of child |
18 | | pornography or aggravated child pornography, specifically |
19 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
20 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
21 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
22 | | solicited for, depicted in, or posed in any act of sexual |
23 | | penetration or bound, fettered, or subject to sadistic, |
24 | | masochistic, or sadomasochistic abuse in a sexual context |
25 | | and specifically including paragraph (1), (2), (3), (4), |
26 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
|
| | HB4530 | - 358 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
2 | | engaged in, solicited for, depicted in, or posed in any |
3 | | act of sexual penetration or bound, fettered, or subject |
4 | | to sadistic, masochistic, or sadomasochistic abuse in a |
5 | | sexual context; |
6 | | (27) the defendant committed the offense of first |
7 | | degree murder, assault, aggravated assault, battery, |
8 | | aggravated battery, robbery, armed robbery, or aggravated |
9 | | robbery against a person who was a veteran and the |
10 | | defendant knew, or reasonably should have known, that the |
11 | | person was a veteran performing duties as a representative |
12 | | of a veterans' organization. For the purposes of this |
13 | | paragraph (27), "veteran" means an Illinois resident who |
14 | | has served as a member of the United States Armed Forces, a |
15 | | member of the Illinois National Guard, or a member of the |
16 | | United States Reserve Forces; and "veterans' organization" |
17 | | means an organization comprised of members of
which |
18 | | substantially all are individuals who are veterans or |
19 | | spouses,
widows, or widowers of veterans, the primary |
20 | | purpose of which is to
promote the welfare of its members |
21 | | and to provide assistance to the general
public in such a |
22 | | way as to confer a public benefit; |
23 | | (28) the defendant committed the offense of assault, |
24 | | aggravated assault, battery, aggravated battery, robbery, |
25 | | armed robbery, or aggravated robbery against a person that |
26 | | the defendant knew or reasonably should have known was a |
|
| | HB4530 | - 359 - | LRB102 21798 RLC 30918 b |
|
|
1 | | letter carrier or postal worker while that person was |
2 | | performing his or her duties delivering mail for the |
3 | | United States Postal Service; |
4 | | (29) the defendant committed the offense of criminal |
5 | | sexual assault, aggravated criminal sexual assault, |
6 | | criminal sexual abuse, or aggravated criminal sexual abuse |
7 | | against a victim with an intellectual disability, and the |
8 | | defendant holds a position of trust, authority, or |
9 | | supervision in relation to the victim; |
10 | | (30) the defendant committed the offense of promoting |
11 | | juvenile prostitution, patronizing a prostitute, or |
12 | | patronizing a minor engaged in prostitution and at the |
13 | | time of the commission of the offense knew that the |
14 | | prostitute or minor engaged in prostitution was in the |
15 | | custody or guardianship of the Department of Children and |
16 | | Family Services; |
17 | | (31) the defendant (i) committed the offense of |
18 | | driving while under the influence of alcohol, other drug |
19 | | or drugs, intoxicating compound or compounds or any |
20 | | combination thereof in violation of Section 11-501 of the |
21 | | Illinois Vehicle Code or a similar provision of a local |
22 | | ordinance and (ii) the defendant during the commission of |
23 | | the offense was driving his or her vehicle upon a roadway |
24 | | designated for one-way traffic in the opposite direction |
25 | | of the direction indicated by official traffic control |
26 | | devices; |
|
| | HB4530 | - 360 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (32) the defendant committed the offense of reckless |
2 | | homicide while committing a violation of Section 11-907 of |
3 | | the Illinois Vehicle Code; |
4 | | (33) the defendant was found guilty of an |
5 | | administrative infraction related to an act or acts of |
6 | | public indecency or sexual misconduct in the penal |
7 | | institution. In this paragraph (33), "penal institution" |
8 | | has the same meaning as in Section 2-14 of the Criminal |
9 | | Code of 2012; or |
10 | | (34) the defendant committed the offense of leaving |
11 | | the scene of an accident in violation of subsection (b) of |
12 | | Section 11-401 of the Illinois Vehicle Code and the |
13 | | accident resulted in the death of a person and at the time |
14 | | of the offense, the defendant was: (i) driving under the |
15 | | influence of alcohol, other drug or drugs, intoxicating |
16 | | compound or compounds or any combination thereof as |
17 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
18 | | (ii) operating the motor vehicle while using an electronic |
19 | | communication device as defined in Section 12-610.2 of the |
20 | | Illinois Vehicle Code. |
21 | | For the purposes of this Section:
|
22 | | "School" is defined as a public or private
elementary or |
23 | | secondary school, community college, college, or university.
|
24 | | "Day care center" means a public or private State |
25 | | certified and
licensed day care center as defined in Section |
26 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
|
| | HB4530 | - 361 - | LRB102 21798 RLC 30918 b |
|
|
1 | | plain view stating that the
property is a day care center.
|
2 | | "Intellectual disability" means significantly subaverage |
3 | | intellectual functioning which exists concurrently
with |
4 | | impairment in adaptive behavior. |
5 | | "Public transportation" means the transportation
or |
6 | | conveyance of persons by means available to the general |
7 | | public, and includes paratransit services. |
8 | | "Traffic control devices" means all signs, signals, |
9 | | markings, and devices that conform to the Illinois Manual on |
10 | | Uniform Traffic Control Devices, placed or erected by |
11 | | authority of a public body or official having jurisdiction, |
12 | | for the purpose of regulating, warning, or guiding traffic. |
13 | | (b) The following factors, related to all felonies, may be |
14 | | considered by the court as
reasons to impose an extended term |
15 | | sentence under Section 5-8-2
upon any offender:
|
16 | | (1) When a defendant is convicted of any felony, after |
17 | | having
been previously convicted in Illinois or any other |
18 | | jurisdiction of the
same or similar class felony or |
19 | | greater class felony, when such conviction
has occurred |
20 | | within 10 years after the
previous conviction, excluding |
21 | | time spent in custody, and such charges are
separately |
22 | | brought and tried and arise out of different series of |
23 | | acts; or
|
24 | | (2) When a defendant is convicted of any felony and |
25 | | the court
finds that the offense was accompanied by |
26 | | exceptionally brutal
or heinous behavior indicative of |
|
| | HB4530 | - 362 - | LRB102 21798 RLC 30918 b |
|
|
1 | | wanton cruelty; or
|
2 | | (3) When a defendant is convicted of any felony |
3 | | committed against:
|
4 | | (i) a person under 12 years of age at the time of |
5 | | the offense or such
person's property;
|
6 | | (ii) a person 60 years of age or older at the time |
7 | | of the offense or
such person's property; or
|
8 | | (iii) a person who had a physical disability at |
9 | | the time of the offense or
such person's property; or
|
10 | | (4) When a defendant is convicted of any felony and |
11 | | the offense
involved any of the following types of |
12 | | specific misconduct committed as
part of a ceremony, rite, |
13 | | initiation, observance, performance, practice or
activity |
14 | | of any actual or ostensible religious, fraternal, or |
15 | | social group:
|
16 | | (i) the brutalizing or torturing of humans or |
17 | | animals;
|
18 | | (ii) the theft of human corpses;
|
19 | | (iii) the kidnapping of humans;
|
20 | | (iv) the desecration of any cemetery, religious, |
21 | | fraternal, business,
governmental, educational, or |
22 | | other building or property; or
|
23 | | (v) ritualized abuse of a child; or
|
24 | | (5) When a defendant is convicted of a felony other |
25 | | than conspiracy and
the court finds that
the felony was |
26 | | committed under an agreement with 2 or more other persons
|
|
| | HB4530 | - 363 - | LRB102 21798 RLC 30918 b |
|
|
1 | | to commit that offense and the defendant, with respect to |
2 | | the other
individuals, occupied a position of organizer, |
3 | | supervisor, financier, or any
other position of management |
4 | | or leadership, and the court further finds that
the felony |
5 | | committed was related to or in furtherance of the criminal
|
6 | | activities of an organized gang or was motivated by the |
7 | | defendant's leadership
in an organized gang; or
|
8 | | (6) When a defendant is convicted of an offense |
9 | | committed while using a firearm with a
laser sight |
10 | | attached to it. For purposes of this paragraph, "laser |
11 | | sight"
has the meaning ascribed to it in Section 26-7 of |
12 | | the Criminal Code of
2012; or
|
13 | | (7) When a defendant who was at least 17 years of age |
14 | | at the
time of
the commission of the offense is convicted |
15 | | of a felony and has been previously
adjudicated a |
16 | | delinquent minor under the Juvenile Court Act of 1987 for |
17 | | an act
that if committed by an adult would be a Class X or |
18 | | Class 1 felony when the
conviction has occurred within 10 |
19 | | years after the previous adjudication,
excluding time |
20 | | spent in custody; or
|
21 | | (8) When a defendant commits any felony and the |
22 | | defendant used, possessed, exercised control over, or |
23 | | otherwise directed an animal to assault a law enforcement |
24 | | officer engaged in the execution of his or her official |
25 | | duties or in furtherance of the criminal activities of an |
26 | | organized gang in which the defendant is engaged; or
|
|
| | HB4530 | - 364 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (9) When a defendant commits any felony and the |
2 | | defendant knowingly video or audio records the offense |
3 | | with the intent to disseminate the recording. |
4 | | (c) The following factors may be considered by the court |
5 | | as reasons to impose an extended term sentence under Section |
6 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
7 | | offenses: |
8 | | (1) When a defendant is convicted of first degree |
9 | | murder, after having been previously convicted in Illinois |
10 | | of any offense listed under paragraph (c)(2) of Section |
11 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
12 | | occurred within 10 years after the previous conviction, |
13 | | excluding time spent in custody, and the charges are |
14 | | separately brought and tried and arise out of different |
15 | | series of acts. |
16 | | (1.5) When a defendant is convicted of first degree |
17 | | murder, after having been previously convicted of domestic |
18 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
19 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
20 | | having been previously convicted of violation of an order |
21 | | of protection (720 ILCS 5/12-30) in which the same victim |
22 | | was the protected person. |
23 | | (2) When a defendant is convicted of voluntary |
24 | | manslaughter, second degree murder, involuntary |
25 | | manslaughter, or reckless homicide in which the defendant |
26 | | has been convicted of causing the death of more than one |
|
| | HB4530 | - 365 - | LRB102 21798 RLC 30918 b |
|
|
1 | | individual. |
2 | | (3) When a defendant is convicted of aggravated |
3 | | criminal sexual assault or criminal sexual assault, when |
4 | | there is a finding that aggravated criminal sexual assault |
5 | | or criminal sexual assault was also committed on the same |
6 | | victim by one or more other individuals, and the defendant |
7 | | voluntarily participated in the crime with the knowledge |
8 | | of the participation of the others in the crime, and the |
9 | | commission of the crime was part of a single course of |
10 | | conduct during which there was no substantial change in |
11 | | the nature of the criminal objective. |
12 | | (4) If the victim was under 18 years of age at the time |
13 | | of the commission of the offense, when a defendant is |
14 | | convicted of aggravated criminal sexual assault or |
15 | | predatory criminal sexual assault of a child under |
16 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
17 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
19 | | (5) When a defendant is convicted of a felony |
20 | | violation of Section 24-1 of the Criminal Code of 1961 or |
21 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
22 | | finding that the defendant is a member of an organized |
23 | | gang. |
24 | | (6) When a defendant was convicted of unlawful use of |
25 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
26 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
|
| | HB4530 | - 366 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a weapon that is not readily distinguishable as one of the |
2 | | weapons enumerated in Section 24-1 of the Criminal Code of |
3 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
4 | | (7) When a defendant is convicted of an offense |
5 | | involving the illegal manufacture of a controlled |
6 | | substance under Section 401 of the Illinois Controlled |
7 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
8 | | of methamphetamine under Section 25 of the Methamphetamine |
9 | | Control and Community Protection Act (720 ILCS 646/25), or |
10 | | the illegal possession of explosives and an emergency |
11 | | response officer in the performance of his or her duties |
12 | | is killed or injured at the scene of the offense while |
13 | | responding to the emergency caused by the commission of |
14 | | the offense. In this paragraph, "emergency" means a |
15 | | situation in which a person's life, health, or safety is |
16 | | in jeopardy; and "emergency response officer" means a |
17 | | peace officer, community policing volunteer, fireman, |
18 | | emergency medical technician-ambulance, emergency medical |
19 | | technician-intermediate, emergency medical |
20 | | technician-paramedic, ambulance driver, other medical |
21 | | assistance or first aid personnel, or hospital emergency |
22 | | room personnel.
|
23 | | (8) When the defendant is convicted of attempted mob |
24 | | action, solicitation to commit mob action, or conspiracy |
25 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
26 | | Criminal Code of 2012, where the criminal object is a |
|
| | HB4530 | - 367 - | LRB102 21798 RLC 30918 b |
|
|
1 | | violation of Section 25-1 of the Criminal Code of 2012, |
2 | | and an electronic communication is used in the commission |
3 | | of the offense. For the purposes of this paragraph (8), |
4 | | "electronic communication" shall have the meaning provided |
5 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
6 | | (d) For the purposes of this Section, "organized gang" has |
7 | | the meaning
ascribed to it in Section 10 of the Illinois |
8 | | Streetgang Terrorism Omnibus
Prevention Act.
|
9 | | (e) The court may impose an extended term sentence under |
10 | | Article 4.5 of Chapter V upon an offender who has been |
11 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
12 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
13 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
14 | | when the victim of the offense is under 18 years of age at the |
15 | | time of the commission of the offense and, during the |
16 | | commission of the offense, the victim was under the influence |
17 | | of alcohol, regardless of whether or not the alcohol was |
18 | | supplied by the offender; and the offender, at the time of the |
19 | | commission of the offense, knew or should have known that the |
20 | | victim had consumed alcohol. |
21 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; |
22 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. |
23 | | 1-1-23; 102-558, eff. 8-20-21.) |
24 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
25 | | Sec. 5-6-3. Conditions of probation and of conditional |
|
| | HB4530 | - 368 - | LRB102 21798 RLC 30918 b |
|
|
1 | | discharge.
|
2 | | (a) The conditions of probation and of conditional |
3 | | discharge shall be
that the person:
|
4 | | (1) not violate any criminal statute of any |
5 | | jurisdiction;
|
6 | | (2) report to or appear in person before such person |
7 | | or agency as
directed by the court;
|
8 | | (3) refrain from possessing a firearm or other |
9 | | dangerous weapon where the offense is a felony or, if a |
10 | | misdemeanor, the offense involved the intentional or |
11 | | knowing infliction of bodily harm or threat of bodily |
12 | | harm;
|
13 | | (4) not leave the State without the consent of the |
14 | | court or, in
circumstances in which the reason for the |
15 | | absence is of such an emergency
nature that prior consent |
16 | | by the court is not possible, without the prior
|
17 | | notification and approval of the person's probation
|
18 | | officer. Transfer of a person's probation or conditional |
19 | | discharge
supervision to another state is subject to |
20 | | acceptance by the other state
pursuant to the Interstate |
21 | | Compact for Adult Offender Supervision;
|
22 | | (5) permit the probation officer to visit
him at his |
23 | | home or elsewhere
to the extent necessary to discharge his |
24 | | duties;
|
25 | | (6) perform no less than 30 hours of community service |
26 | | and not more than
120 hours of community service, if |
|
| | HB4530 | - 369 - | LRB102 21798 RLC 30918 b |
|
|
1 | | community service is available in the
jurisdiction and is |
2 | | funded and approved by the county board where the offense
|
3 | | was committed, where the offense was related to or in |
4 | | furtherance of the
criminal activities of an organized |
5 | | gang and was motivated by the offender's
membership in or |
6 | | allegiance to an organized gang. The community service |
7 | | shall
include, but not be limited to, the cleanup and |
8 | | repair of any damage caused by
a violation of Section |
9 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
10 | | 2012 and similar damage
to property located within the |
11 | | municipality or county in which the violation
occurred. |
12 | | When possible and reasonable, the community service should |
13 | | be
performed in the offender's neighborhood. For purposes |
14 | | of this Section,
"organized gang" has the meaning ascribed |
15 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
16 | | Omnibus Prevention Act. The court may give credit toward |
17 | | the fulfillment of community service hours for |
18 | | participation in activities and treatment as determined by |
19 | | court services;
|
20 | | (7) if he or she is at least 17 years of age and has |
21 | | been sentenced to
probation or conditional discharge for a |
22 | | misdemeanor or felony in a county of
3,000,000 or more |
23 | | inhabitants and has not been previously convicted of a
|
24 | | misdemeanor or felony, may be required by the sentencing |
25 | | court to attend
educational courses designed to prepare |
26 | | the defendant for a high school diploma
and to work toward |
|
| | HB4530 | - 370 - | LRB102 21798 RLC 30918 b |
|
|
1 | | a high school diploma or to work toward passing high |
2 | | school equivalency testing or to work toward
completing a |
3 | | vocational training program approved by the court. The |
4 | | person on
probation or conditional discharge must attend a |
5 | | public institution of
education to obtain the educational |
6 | | or vocational training required by this paragraph
(7). The |
7 | | court shall revoke the probation or conditional discharge |
8 | | of a
person who willfully fails to comply with this |
9 | | paragraph (7). The person on
probation or conditional |
10 | | discharge shall be required to pay for the cost of the
|
11 | | educational courses or high school equivalency testing if |
12 | | a fee is charged for those courses or testing. The court |
13 | | shall resentence the offender whose probation or |
14 | | conditional
discharge has been revoked as provided in |
15 | | Section 5-6-4. This paragraph (7) does
not apply to a |
16 | | person who has a high school diploma or has successfully |
17 | | passed high school equivalency testing. This paragraph (7) |
18 | | does not apply to a person who is determined by
the court |
19 | | to be a person with a developmental disability or |
20 | | otherwise mentally incapable of
completing the educational |
21 | | or vocational program;
|
22 | | (8) if convicted of possession of a substance |
23 | | prohibited
by the Cannabis Control Act, the Illinois |
24 | | Controlled Substances Act, or the Methamphetamine Control |
25 | | and Community Protection Act
after a previous conviction |
26 | | or disposition of supervision for possession of a
|
|
| | HB4530 | - 371 - | LRB102 21798 RLC 30918 b |
|
|
1 | | substance prohibited by the Cannabis Control Act or |
2 | | Illinois Controlled
Substances Act or after a sentence of |
3 | | probation under Section 10 of the
Cannabis
Control Act, |
4 | | Section 410 of the Illinois Controlled Substances Act, or |
5 | | Section 70 of the Methamphetamine Control and Community |
6 | | Protection Act and upon a
finding by the court that the |
7 | | person is addicted, undergo treatment at a
substance abuse |
8 | | program approved by the court;
|
9 | | (8.5) if convicted of a felony sex offense as defined |
10 | | in the Sex
Offender
Management Board Act, the person shall |
11 | | undergo and successfully complete sex
offender treatment |
12 | | by a treatment provider approved by the Board and |
13 | | conducted
in conformance with the standards developed |
14 | | under the Sex
Offender Management Board Act;
|
15 | | (8.6) if convicted of a sex offense as defined in the |
16 | | Sex Offender Management Board Act, refrain from residing |
17 | | at the same address or in the same condominium unit or |
18 | | apartment unit or in the same condominium complex or |
19 | | apartment complex with another person he or she knows or |
20 | | reasonably should know is a convicted sex offender or has |
21 | | been placed on supervision for a sex offense; the |
22 | | provisions of this paragraph do not apply to a person |
23 | | convicted of a sex offense who is placed in a Department of |
24 | | Corrections licensed transitional housing facility for sex |
25 | | offenders; |
26 | | (8.7) if convicted for an offense committed on or |
|
| | HB4530 | - 372 - | LRB102 21798 RLC 30918 b |
|
|
1 | | after June 1, 2008 (the effective date of Public Act |
2 | | 95-464) that would qualify the accused as a child sex |
3 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012, |
5 | | refrain from communicating with or contacting, by means of |
6 | | the Internet, a person who is not related to the accused |
7 | | and whom the accused reasonably believes to be under 18 |
8 | | years of age; for purposes of this paragraph (8.7), |
9 | | "Internet" has the meaning ascribed to it in Section |
10 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
11 | | related to the accused if the person is not: (i) the |
12 | | spouse, brother, or sister of the accused; (ii) a |
13 | | descendant of the accused; (iii) a first or second cousin |
14 | | of the accused; or (iv) a step-child or adopted child of |
15 | | the accused; |
16 | | (8.8) if convicted for an offense under Section 11-6, |
17 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
18 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
20 | | or any attempt to commit any of these offenses, committed |
21 | | on or after June 1, 2009 (the effective date of Public Act |
22 | | 95-983): |
23 | | (i) not access or use a computer or any other |
24 | | device with Internet capability without the prior |
25 | | written approval of the offender's probation officer, |
26 | | except in connection with the offender's employment or |
|
| | HB4530 | - 373 - | LRB102 21798 RLC 30918 b |
|
|
1 | | search for employment with the prior approval of the |
2 | | offender's probation officer; |
3 | | (ii) submit to periodic unannounced examinations |
4 | | of the offender's computer or any other device with |
5 | | Internet capability by the offender's probation |
6 | | officer, a law enforcement officer, or assigned |
7 | | computer or information technology specialist, |
8 | | including the retrieval and copying of all data from |
9 | | the computer or device and any internal or external |
10 | | peripherals and removal of such information, |
11 | | equipment, or device to conduct a more thorough |
12 | | inspection; |
13 | | (iii) submit to the installation on the offender's |
14 | | computer or device with Internet capability, at the |
15 | | offender's expense, of one or more hardware or |
16 | | software systems to monitor the Internet use; and |
17 | | (iv) submit to any other appropriate restrictions |
18 | | concerning the offender's use of or access to a |
19 | | computer or any other device with Internet capability |
20 | | imposed by the offender's probation officer; |
21 | | (8.9) if convicted of a sex offense as defined in the |
22 | | Sex Offender
Registration Act committed on or after |
23 | | January 1, 2010 (the effective date of Public Act 96-262), |
24 | | refrain from accessing or using a social networking |
25 | | website as defined in Section 17-0.5 of the Criminal Code |
26 | | of 2012;
|
|
| | HB4530 | - 374 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (9) if convicted of a felony or of any misdemeanor |
2 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
3 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
4 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
5 | | the Code of Criminal Procedure of 1963, to trigger the |
6 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
7 | | at a time and place
designated by the court, his or her |
8 | | Firearm
Owner's Identification Card and
any and all |
9 | | firearms in
his or her possession . The Court shall return |
10 | | to the Illinois State Police Firearm Owner's |
11 | | Identification Card Office the person's Firearm Owner's |
12 | | Identification Card ;
|
13 | | (10) if convicted of a sex offense as defined in |
14 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
15 | | offender is a parent or guardian of the person under 18 |
16 | | years of age present in the home and no non-familial |
17 | | minors are present, not participate in a holiday event |
18 | | involving children under 18 years of age, such as |
19 | | distributing candy or other items to children on |
20 | | Halloween, wearing a Santa Claus costume on or preceding |
21 | | Christmas, being employed as a department store Santa |
22 | | Claus, or wearing an Easter Bunny costume on or preceding |
23 | | Easter; |
24 | | (11) if convicted of a sex offense as defined in |
25 | | Section 2 of the Sex Offender Registration Act committed |
26 | | on or after January 1, 2010 (the effective date of Public |
|
| | HB4530 | - 375 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Act 96-362) that requires the person to register as a sex |
2 | | offender under that Act, may not knowingly use any |
3 | | computer scrub software on any computer that the sex |
4 | | offender uses; |
5 | | (12) if convicted of a violation of the |
6 | | Methamphetamine Control and Community Protection Act, the |
7 | | Methamphetamine
Precursor Control Act, or a |
8 | | methamphetamine related offense: |
9 | | (A) prohibited from purchasing, possessing, or |
10 | | having under his or her control any product containing |
11 | | pseudoephedrine unless prescribed by a physician; and |
12 | | (B) prohibited from purchasing, possessing, or |
13 | | having under his or her control any product containing |
14 | | ammonium nitrate; and |
15 | | (13) if convicted of a hate crime involving the |
16 | | protected class identified in subsection (a) of Section |
17 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
18 | | offense the offender committed, perform public or |
19 | | community service of no less than 200 hours and enroll in |
20 | | an educational program discouraging hate crimes that |
21 | | includes racial, ethnic, and cultural sensitivity training |
22 | | ordered by the court. |
23 | | (b) The Court may in addition to other reasonable |
24 | | conditions relating to the
nature of the offense or the |
25 | | rehabilitation of the defendant as determined for
each |
26 | | defendant in the proper discretion of the Court require that |
|
| | HB4530 | - 376 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the person:
|
2 | | (1) serve a term of periodic imprisonment under |
3 | | Article 7 for a
period not to exceed that specified in |
4 | | paragraph (d) of Section 5-7-1;
|
5 | | (2) pay a fine and costs;
|
6 | | (3) work or pursue a course of study or vocational |
7 | | training;
|
8 | | (4) undergo medical, psychological or psychiatric |
9 | | treatment; or treatment
for drug addiction or alcoholism;
|
10 | | (5) attend or reside in a facility established for the |
11 | | instruction
or residence of defendants on probation;
|
12 | | (6) support his dependents;
|
13 | | (7) and in addition, if a minor:
|
14 | | (i) reside with his parents or in a foster home;
|
15 | | (ii) attend school;
|
16 | | (iii) attend a non-residential program for youth;
|
17 | | (iv) contribute to his own support at home or in a |
18 | | foster home;
|
19 | | (v) with the consent of the superintendent of the
|
20 | | facility, attend an educational program at a facility |
21 | | other than the school
in which the
offense was |
22 | | committed if he
or she is convicted of a crime of |
23 | | violence as
defined in
Section 2 of the Crime Victims |
24 | | Compensation Act committed in a school, on the
real
|
25 | | property
comprising a school, or within 1,000 feet of |
26 | | the real property comprising a
school;
|
|
| | HB4530 | - 377 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (8) make restitution as provided in Section 5-5-6 of |
2 | | this Code;
|
3 | | (9) perform some reasonable public or community |
4 | | service;
|
5 | | (10) serve a term of home confinement. In addition to |
6 | | any other
applicable condition of probation or conditional |
7 | | discharge, the
conditions of home confinement shall be |
8 | | that the offender:
|
9 | | (i) remain within the interior premises of the |
10 | | place designated for
his confinement during the hours |
11 | | designated by the court;
|
12 | | (ii) admit any person or agent designated by the |
13 | | court into the
offender's place of confinement at any |
14 | | time for purposes of verifying
the offender's |
15 | | compliance with the conditions of his confinement; and
|
16 | | (iii) if further deemed necessary by the court or |
17 | | the
Probation or
Court Services Department, be placed |
18 | | on an approved
electronic monitoring device, subject |
19 | | to Article 8A of Chapter V;
|
20 | | (iv) for persons convicted of any alcohol, |
21 | | cannabis or controlled
substance violation who are |
22 | | placed on an approved monitoring device as a
condition |
23 | | of probation or conditional discharge, the court shall |
24 | | impose a
reasonable fee for each day of the use of the |
25 | | device, as established by the
county board in |
26 | | subsection (g) of this Section, unless after |
|
| | HB4530 | - 378 - | LRB102 21798 RLC 30918 b |
|
|
1 | | determining the
inability of the offender to pay the |
2 | | fee, the court assesses a lesser fee or no
fee as the |
3 | | case may be. This fee shall be imposed in addition to |
4 | | the fees
imposed under subsections (g) and (i) of this |
5 | | Section. The fee shall be
collected by the clerk of the |
6 | | circuit court, except as provided in an administrative |
7 | | order of the Chief Judge of the circuit court. The |
8 | | clerk of the circuit
court shall pay all monies |
9 | | collected from this fee to the county treasurer
for |
10 | | deposit in the substance abuse services fund under |
11 | | Section 5-1086.1 of
the Counties Code, except as |
12 | | provided in an administrative order of the Chief Judge |
13 | | of the circuit court. |
14 | | The Chief Judge of the circuit court of the county |
15 | | may by administrative order establish a program for |
16 | | electronic monitoring of offenders, in which a vendor |
17 | | supplies and monitors the operation of the electronic |
18 | | monitoring device, and collects the fees on behalf of |
19 | | the county. The program shall include provisions for |
20 | | indigent offenders and the collection of unpaid fees. |
21 | | The program shall not unduly burden the offender and |
22 | | shall be subject to review by the Chief Judge. |
23 | | The Chief Judge of the circuit court may suspend |
24 | | any additional charges or fees for late payment, |
25 | | interest, or damage to any device; and
|
26 | | (v) for persons convicted of offenses other than |
|
| | HB4530 | - 379 - | LRB102 21798 RLC 30918 b |
|
|
1 | | those referenced in
clause (iv) above and who are |
2 | | placed on an approved monitoring device as a
condition |
3 | | of probation or conditional discharge, the court shall |
4 | | impose
a reasonable fee for each day of the use of the |
5 | | device, as established by the
county board in |
6 | | subsection (g) of this Section, unless after |
7 | | determining the
inability of the defendant to pay the |
8 | | fee, the court assesses a lesser fee or
no fee as the |
9 | | case may be. This fee shall be imposed in addition to |
10 | | the fees
imposed under subsections (g) and (i) of this |
11 | | Section. The fee
shall be collected by the clerk of the |
12 | | circuit court, except as provided in an administrative |
13 | | order of the Chief Judge of the circuit court. The |
14 | | clerk of the circuit
court shall pay all monies |
15 | | collected from this fee
to the county treasurer who |
16 | | shall use the monies collected to defray the
costs of |
17 | | corrections. The county treasurer shall deposit the |
18 | | fee
collected in the probation and court services |
19 | | fund.
The Chief Judge of the circuit court of the |
20 | | county may by administrative order establish a program |
21 | | for electronic monitoring of offenders, in which a |
22 | | vendor supplies and monitors the operation of the |
23 | | electronic monitoring device, and collects the fees on |
24 | | behalf of the county. The program shall include |
25 | | provisions for indigent offenders and the collection |
26 | | of unpaid fees. The program shall not unduly burden |
|
| | HB4530 | - 380 - | LRB102 21798 RLC 30918 b |
|
|
1 | | the offender and shall be subject to review by the |
2 | | Chief Judge.
|
3 | | The Chief Judge of the circuit court may suspend |
4 | | any additional charges or fees for late payment, |
5 | | interest, or damage to any device. |
6 | | (11) comply with the terms and conditions of an order |
7 | | of protection issued
by the court pursuant to the Illinois |
8 | | Domestic Violence Act of 1986,
as now or hereafter |
9 | | amended, or an order of protection issued by the court of
|
10 | | another state, tribe, or United States territory. A copy |
11 | | of the order of
protection shall be
transmitted to the |
12 | | probation officer or agency
having responsibility for the |
13 | | case;
|
14 | | (12) reimburse any "local anti-crime program" as |
15 | | defined in Section 7
of the Anti-Crime Advisory Council |
16 | | Act for any reasonable expenses incurred
by the program on |
17 | | the offender's case, not to exceed the maximum amount of
|
18 | | the fine authorized for the offense for which the |
19 | | defendant was sentenced;
|
20 | | (13) contribute a reasonable sum of money, not to |
21 | | exceed the maximum
amount of the fine authorized for the
|
22 | | offense for which the defendant was sentenced, (i) to a |
23 | | "local anti-crime
program", as defined in Section 7 of the |
24 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
25 | | under the jurisdiction of the Department of Natural |
26 | | Resources, to the fund established by the Department of |
|
| | HB4530 | - 381 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Natural Resources for the purchase of evidence for |
2 | | investigation purposes and to conduct investigations as |
3 | | outlined in Section 805-105 of the Department of Natural |
4 | | Resources (Conservation) Law;
|
5 | | (14) refrain from entering into a designated |
6 | | geographic area except upon
such terms as the court finds |
7 | | appropriate. Such terms may include
consideration of the |
8 | | purpose of the entry, the time of day, other persons
|
9 | | accompanying the defendant, and advance approval by a
|
10 | | probation officer, if
the defendant has been placed on |
11 | | probation or advance approval by the
court, if the |
12 | | defendant was placed on conditional discharge;
|
13 | | (15) refrain from having any contact, directly or |
14 | | indirectly, with
certain specified persons or particular |
15 | | types of persons, including but not
limited to members of |
16 | | street gangs and drug users or dealers;
|
17 | | (16) refrain from having in his or her body the |
18 | | presence of any illicit
drug prohibited by the Cannabis |
19 | | Control Act, the Illinois Controlled
Substances Act, or |
20 | | the Methamphetamine Control and Community Protection Act, |
21 | | unless prescribed by a physician, and submit samples of
|
22 | | his or her blood or urine or both for tests to determine |
23 | | the presence of any
illicit drug;
|
24 | | (17) if convicted for an offense committed on or after |
25 | | June 1, 2008 (the effective date of Public Act 95-464) |
26 | | that would qualify the accused as a child sex offender as |
|
| | HB4530 | - 382 - | LRB102 21798 RLC 30918 b |
|
|
1 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
2 | | of 1961 or the Criminal Code of 2012, refrain from |
3 | | communicating with or contacting, by means of the |
4 | | Internet, a person who is related to the accused and whom |
5 | | the accused reasonably believes to be under 18 years of |
6 | | age; for purposes of this paragraph (17), "Internet" has |
7 | | the meaning ascribed to it in Section 16-0.1 of the |
8 | | Criminal Code of 2012; and a person is related to the |
9 | | accused if the person is: (i) the spouse, brother, or |
10 | | sister of the accused; (ii) a descendant of the accused; |
11 | | (iii) a first or second cousin of the accused; or (iv) a |
12 | | step-child or adopted child of the accused; |
13 | | (18) if convicted for an offense committed on or after |
14 | | June 1, 2009 (the effective date of Public Act 95-983) |
15 | | that would qualify as a sex offense as defined in the Sex |
16 | | Offender Registration Act: |
17 | | (i) not access or use a computer or any other |
18 | | device with Internet capability without the prior |
19 | | written approval of the offender's probation officer, |
20 | | except in connection with the offender's employment or |
21 | | search for employment with the prior approval of the |
22 | | offender's probation officer; |
23 | | (ii) submit to periodic unannounced examinations |
24 | | of the offender's computer or any other device with |
25 | | Internet capability by the offender's probation |
26 | | officer, a law enforcement officer, or assigned |
|
| | HB4530 | - 383 - | LRB102 21798 RLC 30918 b |
|
|
1 | | computer or information technology specialist, |
2 | | including the retrieval and copying of all data from |
3 | | the computer or device and any internal or external |
4 | | peripherals and removal of such information, |
5 | | equipment, or device to conduct a more thorough |
6 | | inspection; |
7 | | (iii) submit to the installation on the offender's |
8 | | computer or device with Internet capability, at the |
9 | | subject's expense, of one or more hardware or software |
10 | | systems to monitor the Internet use; and |
11 | | (iv) submit to any other appropriate restrictions |
12 | | concerning the offender's use of or access to a |
13 | | computer or any other device with Internet capability |
14 | | imposed by the offender's probation officer; and |
15 | | (19) refrain from possessing a firearm or other |
16 | | dangerous weapon where the offense is a misdemeanor that |
17 | | did not involve the intentional or knowing infliction of |
18 | | bodily harm or threat of bodily harm. |
19 | | (c) The court may as a condition of probation or of |
20 | | conditional
discharge require that a person under 18 years of |
21 | | age found guilty of any
alcohol, cannabis or controlled |
22 | | substance violation, refrain from acquiring
a driver's license |
23 | | during
the period of probation or conditional discharge. If |
24 | | such person
is in possession of a permit or license, the court |
25 | | may require that
the minor refrain from driving or operating |
26 | | any motor vehicle during the
period of probation or |
|
| | HB4530 | - 384 - | LRB102 21798 RLC 30918 b |
|
|
1 | | conditional discharge, except as may be necessary in
the |
2 | | course of the minor's lawful employment.
|
3 | | (d) An offender sentenced to probation or to conditional |
4 | | discharge
shall be given a certificate setting forth the |
5 | | conditions thereof.
|
6 | | (e) Except where the offender has committed a fourth or |
7 | | subsequent
violation of subsection (c) of Section 6-303 of the |
8 | | Illinois Vehicle Code,
the court shall not require as a |
9 | | condition of the sentence of
probation or conditional |
10 | | discharge that the offender be committed to a
period of |
11 | | imprisonment in excess of 6 months.
This 6-month limit shall |
12 | | not include periods of confinement given pursuant to
a |
13 | | sentence of county impact incarceration under Section 5-8-1.2.
|
14 | | Persons committed to imprisonment as a condition of |
15 | | probation or
conditional discharge shall not be committed to |
16 | | the Department of
Corrections.
|
17 | | (f) The court may combine a sentence of periodic |
18 | | imprisonment under
Article 7 or a sentence to a county impact |
19 | | incarceration program under
Article 8 with a sentence of |
20 | | probation or conditional discharge.
|
21 | | (g) An offender sentenced to probation or to conditional |
22 | | discharge and
who during the term of either undergoes |
23 | | mandatory drug or alcohol testing,
or both, or is assigned to |
24 | | be placed on an approved electronic monitoring
device, shall |
25 | | be ordered to pay all costs incidental to such mandatory drug
|
26 | | or alcohol testing, or both, and all costs
incidental to such |
|
| | HB4530 | - 385 - | LRB102 21798 RLC 30918 b |
|
|
1 | | approved electronic monitoring in accordance with the
|
2 | | defendant's ability to pay those costs. The county board with
|
3 | | the concurrence of the Chief Judge of the judicial
circuit in |
4 | | which the county is located shall establish reasonable fees |
5 | | for
the cost of maintenance, testing, and incidental expenses |
6 | | related to the
mandatory drug or alcohol testing, or both, and |
7 | | all costs incidental to
approved electronic monitoring, |
8 | | involved in a successful probation program
for the county. The |
9 | | concurrence of the Chief Judge shall be in the form of
an |
10 | | administrative order.
The fees shall be collected by the clerk |
11 | | of the circuit court, except as provided in an administrative |
12 | | order of the Chief Judge of the circuit court. The clerk of
the |
13 | | circuit court shall pay all moneys collected from these fees |
14 | | to the county
treasurer who shall use the moneys collected to |
15 | | defray the costs of
drug testing, alcohol testing, and |
16 | | electronic monitoring.
The county treasurer shall deposit the |
17 | | fees collected in the
county working cash fund under Section |
18 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
19 | | may be.
The Chief Judge of the circuit court of the county may |
20 | | by administrative order establish a program for electronic |
21 | | monitoring of offenders, in which a vendor supplies and |
22 | | monitors the operation of the electronic monitoring device, |
23 | | and collects the fees on behalf of the county. The program |
24 | | shall include provisions for indigent offenders and the |
25 | | collection of unpaid fees. The program shall not unduly burden |
26 | | the offender and shall be subject to review by the Chief Judge.
|
|
| | HB4530 | - 386 - | LRB102 21798 RLC 30918 b |
|
|
1 | | The Chief Judge of the circuit court may suspend any |
2 | | additional charges or fees for late payment, interest, or |
3 | | damage to any device. |
4 | | (h) Jurisdiction over an offender may be transferred from |
5 | | the
sentencing court to the court of another circuit with the |
6 | | concurrence of
both courts. Further transfers or retransfers |
7 | | of
jurisdiction are also
authorized in the same manner. The |
8 | | court to which jurisdiction has been
transferred shall have |
9 | | the same powers as the sentencing court.
The probation |
10 | | department within the circuit to which jurisdiction has been |
11 | | transferred, or which has agreed to provide supervision, may |
12 | | impose probation fees upon receiving the transferred offender, |
13 | | as provided in subsection (i). For all transfer cases, as |
14 | | defined in Section 9b of the Probation and Probation Officers |
15 | | Act, the probation department from the original sentencing |
16 | | court shall retain all probation fees collected prior to the |
17 | | transfer. After the transfer,
all probation fees shall be paid |
18 | | to the probation department within the
circuit to which |
19 | | jurisdiction has been transferred.
|
20 | | (i) The court shall impose upon an offender
sentenced to |
21 | | probation after January 1, 1989 or to conditional discharge
|
22 | | after January 1, 1992 or to community service under the |
23 | | supervision of a
probation or court services department after |
24 | | January 1, 2004, as a condition of such probation or |
25 | | conditional
discharge or supervised community service, a fee |
26 | | of $50
for each month of probation or
conditional
discharge |
|
| | HB4530 | - 387 - | LRB102 21798 RLC 30918 b |
|
|
1 | | supervision or supervised community service ordered by the |
2 | | court, unless after
determining the inability of the person |
3 | | sentenced to probation or conditional
discharge or supervised |
4 | | community service to pay the
fee, the court assesses a lesser |
5 | | fee. The court may not impose the fee on a
minor who is placed |
6 | | in the guardianship or custody of the Department of Children |
7 | | and Family Services under the Juvenile Court Act of 1987
while |
8 | | the minor is in placement.
The fee shall be imposed only upon
|
9 | | an offender who is actively supervised by the
probation and |
10 | | court services
department. The fee shall be collected by the |
11 | | clerk
of the circuit court. The clerk of the circuit court |
12 | | shall pay all monies
collected from this fee to the county |
13 | | treasurer for deposit in the
probation and court services fund |
14 | | under Section 15.1 of the
Probation and Probation Officers |
15 | | Act.
|
16 | | A circuit court may not impose a probation fee under this |
17 | | subsection (i) in excess of $25
per month unless the circuit |
18 | | court has adopted, by administrative
order issued by the chief |
19 | | judge, a standard probation fee guide
determining an |
20 | | offender's ability to pay. Of the
amount collected as a |
21 | | probation fee, up to $5 of that fee
collected per month may be |
22 | | used to provide services to crime victims
and their families. |
23 | | The Court may only waive probation fees based on an |
24 | | offender's ability to pay. The probation department may |
25 | | re-evaluate an offender's ability to pay every 6 months, and, |
26 | | with the approval of the Director of Court Services or the |
|
| | HB4530 | - 388 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Chief Probation Officer, adjust the monthly fee amount. An |
2 | | offender may elect to pay probation fees due in a lump sum.
Any |
3 | | offender that has been assigned to the supervision of a |
4 | | probation department, or has been transferred either under |
5 | | subsection (h) of this Section or under any interstate |
6 | | compact, shall be required to pay probation fees to the |
7 | | department supervising the offender, based on the offender's |
8 | | ability to pay.
|
9 | | Public Act 93-970 deletes the $10 increase in the fee |
10 | | under this subsection that was imposed by Public Act 93-616. |
11 | | This deletion is intended to control over any other Act of the |
12 | | 93rd General Assembly that retains or incorporates that fee |
13 | | increase. |
14 | | (i-5) In addition to the fees imposed under subsection (i) |
15 | | of this Section, in the case of an offender convicted of a |
16 | | felony sex offense (as defined in the Sex Offender Management |
17 | | Board Act) or an offense that the court or probation |
18 | | department has determined to be sexually motivated (as defined |
19 | | in the Sex Offender Management Board Act), the court or the |
20 | | probation department shall assess additional fees to pay for |
21 | | all costs of treatment, assessment, evaluation for risk and |
22 | | treatment, and monitoring the offender, based on that |
23 | | offender's ability to pay those costs either as they occur or |
24 | | under a payment plan. |
25 | | (j) All fines and costs imposed under this Section for any |
26 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
|
| | HB4530 | - 389 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Code, or a similar
provision of a local ordinance, and any |
2 | | violation of the Child Passenger
Protection Act, or a similar |
3 | | provision of a local ordinance, shall be
collected and |
4 | | disbursed by the circuit clerk as provided under the Criminal |
5 | | and Traffic Assessment Act.
|
6 | | (k) Any offender who is sentenced to probation or |
7 | | conditional discharge for a felony sex offense as defined in |
8 | | the Sex Offender Management Board Act or any offense that the |
9 | | court or probation department has determined to be sexually |
10 | | motivated as defined in the Sex Offender Management Board Act |
11 | | shall be required to refrain from any contact, directly or |
12 | | indirectly, with any persons specified by the court and shall |
13 | | be available for all evaluations and treatment programs |
14 | | required by the court or the probation department.
|
15 | | (l) The court may order an offender who is sentenced to |
16 | | probation or conditional
discharge for a violation of an order |
17 | | of protection be placed under electronic surveillance as |
18 | | provided in Section 5-8A-7 of this Code. |
19 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) |
20 | | Section 95. The Stalking No Contact Order Act is amended |
21 | | by changing Section 80 as follows: |
22 | | (740 ILCS 21/80)
|
23 | | Sec. 80. Stalking no contact orders; remedies. |
24 | | (a) If the court finds that the petitioner has been a |
|
| | HB4530 | - 390 - | LRB102 21798 RLC 30918 b |
|
|
1 | | victim of stalking, a stalking no contact order shall issue; |
2 | | provided that the petitioner must also satisfy the |
3 | | requirements of Section 95 on emergency orders or Section 100 |
4 | | on plenary orders. The petitioner shall not be denied a |
5 | | stalking no contact order because the petitioner or the |
6 | | respondent is a minor. The court, when determining whether or |
7 | | not to issue a stalking no contact order, may not require |
8 | | physical injury on the person of the petitioner. Modification |
9 | | and extension of prior stalking no contact orders shall be in |
10 | | accordance with this Act. |
11 | | (b) A stalking no contact order shall order one or more of |
12 | | the following: |
13 | | (1) prohibit the respondent from threatening to commit |
14 | | or committing stalking; |
15 | | (2) order the respondent not to have any contact with |
16 | | the petitioner or a third person specifically named by the |
17 | | court; |
18 | | (3) prohibit the respondent from knowingly coming |
19 | | within, or knowingly remaining within a specified distance |
20 | | of the petitioner or the petitioner's residence, school, |
21 | | daycare, or place of employment, or any specified place |
22 | | frequented by the petitioner; however, the court may order |
23 | | the respondent to stay away from the respondent's own |
24 | | residence, school, or place of employment only if the |
25 | | respondent has been provided actual notice of the |
26 | | opportunity to appear and be heard on the petition; |
|
| | HB4530 | - 391 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (4) prohibit the respondent from possessing a Firearm |
2 | | Owners Identification Card, or possessing or buying |
3 | | firearms; and |
4 | | (5) order other injunctive relief the court determines |
5 | | to be necessary to protect the petitioner or third party |
6 | | specifically named by the court. |
7 | | (b-5) When the petitioner and the respondent attend the |
8 | | same public, private, or non-public elementary, middle, or |
9 | | high school, the court when issuing a stalking no contact |
10 | | order and providing relief shall consider the severity of the |
11 | | act, any continuing physical danger or emotional distress to |
12 | | the petitioner, the educational rights guaranteed to the |
13 | | petitioner and respondent under federal and State law, the |
14 | | availability of a transfer of the respondent to another |
15 | | school, a change of placement or a change of program of the |
16 | | respondent, the expense, difficulty, and educational |
17 | | disruption that would be caused by a transfer of the |
18 | | respondent to another school, and any other relevant facts of |
19 | | the case. The court may order that the respondent not attend |
20 | | the public, private, or non-public elementary, middle, or high |
21 | | school attended by the petitioner, order that the respondent |
22 | | accept a change of placement or program, as determined by the |
23 | | school district or private or non-public school, or place |
24 | | restrictions on the respondent's movements within the school |
25 | | attended by the petitioner.
The respondent bears the burden of |
26 | | proving by a preponderance of the evidence that a transfer, |
|
| | HB4530 | - 392 - | LRB102 21798 RLC 30918 b |
|
|
1 | | change of placement, or change of program of the respondent is |
2 | | not available. The respondent also bears the burden of |
3 | | production with respect to the expense, difficulty, and |
4 | | educational disruption that would be caused by a transfer of |
5 | | the respondent to another school. A transfer, change of |
6 | | placement, or change of program is not unavailable to the |
7 | | respondent solely on the ground that the respondent does not |
8 | | agree with the school district's or private or non-public |
9 | | school's transfer, change of placement, or change of program |
10 | | or solely on the ground that the respondent fails or refuses to |
11 | | consent to or otherwise does not take an action required to |
12 | | effectuate a transfer, change of placement, or change of |
13 | | program.
When a court orders a respondent to stay away from the |
14 | | public, private, or non-public school attended by the |
15 | | petitioner and the respondent requests a transfer to another |
16 | | attendance center within the respondent's school district or |
17 | | private or non-public school, the school district or private |
18 | | or non-public school shall have sole discretion to determine |
19 | | the attendance center to which the respondent is transferred.
|
20 | | In the event the court order results in a transfer of the minor |
21 | | respondent to another attendance center, a change in the |
22 | | respondent's placement, or a change of the respondent's |
23 | | program, the parents, guardian, or legal custodian of the |
24 | | respondent is responsible for transportation and other costs |
25 | | associated with the transfer or change. |
26 | | (b-6) The court may order the parents, guardian, or legal |
|
| | HB4530 | - 393 - | LRB102 21798 RLC 30918 b |
|
|
1 | | custodian of a minor respondent to take certain actions or to |
2 | | refrain from taking certain actions to ensure that the |
3 | | respondent complies with the order. In the event the court |
4 | | orders a transfer of the respondent to another school, the |
5 | | parents, guardian, or legal custodian of the respondent are |
6 | | responsible for transportation and other costs associated with |
7 | | the change of school by the respondent. |
8 | | (b-7) The court shall not hold a school district or |
9 | | private or non-public school or any of its employees in civil |
10 | | or criminal contempt unless the school district or private or |
11 | | non-public school has been allowed to intervene. |
12 | | (b-8) The court may hold the parents, guardian, or legal |
13 | | custodian of a minor respondent in civil or criminal contempt |
14 | | for a violation of any provision of any order entered under |
15 | | this Act for conduct of the minor respondent in violation of |
16 | | this Act if the
parents, guardian, or legal custodian |
17 | | directed, encouraged, or assisted the respondent minor in such |
18 | | conduct. |
19 | | (c) The court may award the petitioner costs and attorneys |
20 | | fees if a stalking no contact order is granted. |
21 | | (d) Monetary damages are not recoverable as a remedy. |
22 | | (e) If the stalking no contact order prohibits the |
23 | | respondent from possessing a Firearm Owner's Identification |
24 | | Card, or possessing or buying firearms; the court shall |
25 | | confiscate the respondent's firearms Firearm Owner's |
26 | | Identification Card and immediately return the card to the |
|
| | HB4530 | - 394 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Illinois State Police Firearm Owner's Identification Card |
2 | | Office .
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.) |
4 | | Section 100. The Mental Health and Developmental |
5 | | Disabilities Confidentiality Act is amended by changing |
6 | | Section 12 as follows:
|
7 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
|
8 | | Sec. 12. (a) If the United States Secret Service or the |
9 | | Illinois State Police requests information from a mental |
10 | | health or developmental
disability facility, as defined in |
11 | | Section 1-107 and 1-114 of the Mental
Health and Developmental |
12 | | Disabilities Code, relating to a specific
recipient and the |
13 | | facility director determines that disclosure of such
|
14 | | information may be necessary to protect the life of, or to |
15 | | prevent
the infliction of great bodily harm to, a public |
16 | | official,
or a person under the protection of the United
|
17 | | States Secret Service, only the following information
may be |
18 | | disclosed: the recipient's name, address, and age and the date |
19 | | of
any admission to or discharge from a facility; and any |
20 | | information which
would indicate whether or not the recipient |
21 | | has a history of violence or
presents a danger of violence to |
22 | | the person under protection. Any information
so disclosed |
23 | | shall be used for investigative purposes only and shall not
be |
24 | | publicly disseminated.
Any person participating in good faith |
|
| | HB4530 | - 395 - | LRB102 21798 RLC 30918 b |
|
|
1 | | in the disclosure of such
information in accordance with this |
2 | | provision shall have immunity from any
liability, civil, |
3 | | criminal or otherwise, if such information is disclosed
|
4 | | relying upon the representation of an officer of the United |
5 | | States Secret
Service or the Illinois State Police that a |
6 | | person is under the
protection of the United States Secret |
7 | | Service or is a public official.
|
8 | | For the purpose of this subsection (a), the term "public |
9 | | official" means
the Governor, Lieutenant Governor, Attorney |
10 | | General, Secretary of State,
State Comptroller, State |
11 | | Treasurer, member of the General Assembly, member of the |
12 | | United States Congress, Judge of the United States as defined |
13 | | in 28 U.S.C. 451, Justice of the United States as defined in 28 |
14 | | U.S.C. 451, United States Magistrate Judge as defined in 28 |
15 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
16 | | Supreme, Appellate, Circuit, or Associate Judge of the State |
17 | | of Illinois. The
term shall also include the spouse, child or |
18 | | children of a public official.
|
19 | | (b) The Department of Human Services (acting as successor |
20 | | to the
Department of Mental Health and Developmental |
21 | | Disabilities) and all
public or private hospitals and mental |
22 | | health facilities are required, as hereafter described in this |
23 | | subsection,
to furnish the Illinois State Police only such |
24 | | information as may
be required for the sole purpose of |
25 | | determining whether an individual who
may be or may have been a |
26 | | patient is disqualified because of that status
from receiving |
|
| | HB4530 | - 396 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or retaining a firearm under paragraph (4) of subsection (a) |
2 | | of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's |
3 | | Identification Card or falls within the federal prohibitors |
4 | | under subsection (e), (f), (g), (r), (s), or (t) of Section 8 |
5 | | of the Firearm Owners Identification Card Act , or falls within |
6 | | the federal prohibitors in 18 U.S.C. 922(g) and (n). All |
7 | | physicians, clinical psychologists, or qualified examiners at |
8 | | public or private mental health facilities or parts thereof as |
9 | | defined in this subsection shall, in the form and manner |
10 | | required
by the Department, provide notice directly to the |
11 | | Department of Human Services, or to his or her employer who |
12 | | shall then report to the Department, within 24 hours after |
13 | | determining that a person poses a clear and present danger to |
14 | | himself, herself, or others, or within 7 days after a person 14 |
15 | | years or older is determined to be a person with a |
16 | | developmental disability by a physician, clinical |
17 | | psychologist, or qualified examiner as described in this |
18 | | subsection (b) Section 1.1 of the Firearm Owners |
19 | | Identification Card Act . If a person is a patient as described |
20 | | in clause (2)(A) (1) of the definition of "patient" in (2)(A) |
21 | | Section 1.1 of the Firearm Owners Identification Card Act , |
22 | | this information shall be furnished within 7 days after
|
23 | | admission to a public or private hospital or mental health |
24 | | facility or the provision of services. Any such information |
25 | | disclosed under
this subsection shall
remain privileged and |
26 | | confidential, and shall not be redisclosed, except as required |
|
| | HB4530 | - 397 - | LRB102 21798 RLC 30918 b |
|
|
1 | | by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012 |
2 | | subsection (e) of Section 3.1 of the Firearm Owners |
3 | | Identification Card Act , nor utilized
for any other purpose. |
4 | | The method of requiring the providing of such
information |
5 | | shall guarantee that no information is released beyond what
is |
6 | | necessary for this purpose. In addition, the information |
7 | | disclosed
shall be provided
by the Department within the time |
8 | | period established by Section 24-3 of the
Criminal Code of |
9 | | 2012 regarding the delivery of firearms. The method used
shall |
10 | | be sufficient to provide the necessary information within the
|
11 | | prescribed time period, which may include periodically |
12 | | providing
lists to the Department of Human Services
or any |
13 | | public or private hospital or mental health facility of |
14 | | Firearm Owner's Identification Card applicants for firearm |
15 | | purchases
on which the Department or hospital shall indicate |
16 | | the identities of those
individuals who are to its knowledge |
17 | | disqualified from having a firearm Firearm
Owner's |
18 | | Identification Card for reasons described herein. The |
19 | | Department
may provide for a centralized source
of information |
20 | | for the State on this subject under its jurisdiction. The |
21 | | identity of the person reporting under this subsection shall |
22 | | not be disclosed to the subject of the report. For the purposes |
23 | | of this subsection, the physician, clinical psychologist, or |
24 | | qualified examiner making the determination and his or her |
25 | | employer shall not be held criminally, civilly, or |
26 | | professionally liable for making or not making the |
|
| | HB4530 | - 398 - | LRB102 21798 RLC 30918 b |
|
|
1 | | notification required under this subsection, except for |
2 | | willful or wanton misconduct.
|
3 | | Any person, institution, or agency, under this Act, |
4 | | participating in
good faith in the reporting or disclosure of |
5 | | records and communications
otherwise in accordance with this |
6 | | provision or with rules, regulations or
guidelines issued by |
7 | | the Department shall have immunity from any
liability, civil, |
8 | | criminal or otherwise, that might result by reason of the
|
9 | | action. For the purpose of any proceeding, civil or criminal,
|
10 | | arising out of a report or disclosure in accordance with this |
11 | | provision,
the good faith of any person,
institution, or |
12 | | agency so reporting or disclosing shall be presumed. The
full |
13 | | extent of the immunity provided in this subsection (b) shall |
14 | | apply to
any person, institution or agency that fails to make a |
15 | | report or disclosure
in the good faith belief that the report |
16 | | or disclosure would violate
federal regulations governing the |
17 | | confidentiality of alcohol and drug abuse
patient records |
18 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
|
19 | | For purposes of this subsection (b) only, the following |
20 | | terms shall have
the meaning prescribed:
|
21 | | (1) (Blank).
|
22 | | (1.3) "Clear and present danger" has the meaning as |
23 | | defined in Section 6-103.3 of the Mental Health and |
24 | | Developmental Disabilities Code 1.1 of the Firearm Owners |
25 | | Identification Card Act . |
26 | | (1.5) "Person with a developmental disability" has the |
|
| | HB4530 | - 399 - | LRB102 21798 RLC 30918 b |
|
|
1 | | meaning as defined in Section 6-103.3 of the Mental Health |
2 | | and Developmental Disabilities Code 1.1 of the Firearm |
3 | | Owners Identification Card Act . |
4 | | (2) "Patient" means (A) a person who voluntarily |
5 | | receives mental health treatment as an in-patient or |
6 | | resident of any public or private mental health facility, |
7 | | unless the treatment was solely for an alcohol abuse |
8 | | disorder and no other secondary substance abuse disorder |
9 | | or mental illness; or (B) a person who voluntarily |
10 | | receives mental health treatment as an out-patient or is |
11 | | provided services by a public or private mental health |
12 | | facility, and who poses a clear and present danger to |
13 | | himself, herself, or to others has the meaning as defined |
14 | | in Section 1.1 of the Firearm Owners Identification Card |
15 | | Act .
|
16 | | (3) "Mental health facility" means any licensed |
17 | | private hospital or hospital affiliate, institution, or |
18 | | facility, or part thereof, and any facility, or part |
19 | | thereof, operated by the State or a political subdivision |
20 | | thereof which provide treatment of persons with mental |
21 | | illness and includes all hospitals, institutions, clinics, |
22 | | evaluation facilities, mental health centers, colleges, |
23 | | universities, long-term care facilities, and nursing |
24 | | homes, or parts thereof, which provide treatment of |
25 | | persons with mental illness whether or not the primary |
26 | | purpose is to provide treatment of persons with mental |
|
| | HB4530 | - 400 - | LRB102 21798 RLC 30918 b |
|
|
1 | | illness has the meaning as defined in Section 1.1 of the |
2 | | Firearm Owners Identification Card Act .
|
3 | | (c) Upon the request of a peace officer who takes a person |
4 | | into custody
and transports such person to a mental health or |
5 | | developmental disability
facility pursuant to Section 3-606 or |
6 | | 4-404 of the Mental Health and
Developmental Disabilities Code |
7 | | or who transports a person from such facility,
a facility |
8 | | director shall furnish said peace officer the name, address, |
9 | | age
and name of the nearest relative of the person transported |
10 | | to or from the
mental health or developmental disability |
11 | | facility. In no case shall the
facility director disclose to |
12 | | the peace officer any information relating to the
diagnosis, |
13 | | treatment or evaluation of the person's mental or physical |
14 | | health.
|
15 | | For the purposes of this subsection (c), the terms "mental |
16 | | health or
developmental disability facility", "peace officer" |
17 | | and "facility director"
shall have the meanings ascribed to |
18 | | them in the Mental Health and
Developmental Disabilities Code.
|
19 | | (d) Upon the request of a peace officer or prosecuting |
20 | | authority who is
conducting a bona fide investigation of a |
21 | | criminal offense, or attempting to
apprehend a fugitive from |
22 | | justice,
a facility director may disclose whether a person is |
23 | | present at the facility.
Upon request of a peace officer or |
24 | | prosecuting authority who has a valid
forcible felony warrant |
25 | | issued, a facility director shall disclose: (1) whether
the |
26 | | person who is the subject of the warrant is present at the |
|
| | HB4530 | - 401 - | LRB102 21798 RLC 30918 b |
|
|
1 | | facility and (2)
the
date of that person's discharge or future |
2 | | discharge from the facility.
The requesting peace officer or |
3 | | prosecuting authority must furnish a case
number and the |
4 | | purpose of the investigation or an outstanding arrest warrant |
5 | | at
the time of the request. Any person, institution, or agency
|
6 | | participating in good faith in disclosing such information in |
7 | | accordance with
this subsection (d) is immune from any |
8 | | liability, civil, criminal or
otherwise, that might result by |
9 | | reason of the action.
|
10 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
11 | | Section 105. The Illinois Domestic Violence Act of 1986 is |
12 | | amended by changing Sections 210 and 214 as follows:
|
13 | | (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
|
14 | | Sec. 210. Process.
|
15 | | (a) Summons. Any action for an order
of protection, |
16 | | whether commenced alone or in conjunction with another
|
17 | | proceeding, is a distinct cause of action and requires that a |
18 | | separate
summons be issued and served, except that in pending |
19 | | cases the following
methods may be used:
|
20 | | (1) By delivery of the summons to respondent |
21 | | personally in open
court in pending civil or criminal |
22 | | cases.
|
23 | | (2) By notice in accordance with Section 210.1 in |
24 | | civil cases in which
the defendant has filed a general |
|
| | HB4530 | - 402 - | LRB102 21798 RLC 30918 b |
|
|
1 | | appearance.
|
2 | | The summons shall be in the form prescribed
by Supreme |
3 | | Court Rule 101(d), except that it shall require respondent to
|
4 | | answer or appear within 7 days.
Attachments to the summons or |
5 | | notice shall include the petition for order
of protection and |
6 | | supporting affidavits, if any, and any emergency order of
|
7 | | protection that has been issued. The enforcement of an order |
8 | | of protection
under Section 223 shall not be affected by the |
9 | | lack of service, delivery,
or notice, provided the |
10 | | requirements of subsection (d) of that Section are
otherwise |
11 | | met.
|
12 | | (b) Blank.
|
13 | | (c) Expedited service. The summons shall be served by the |
14 | | sheriff or
other law enforcement officer at the earliest time |
15 | | and shall take
precedence over other summonses except those of |
16 | | a similar emergency nature.
Special process servers may be |
17 | | appointed at any time, and their
designation shall not affect |
18 | | the responsibilities and authority of the
sheriff or other |
19 | | official process servers. In counties with a population over |
20 | | 3,000,000, a special process server may not be appointed if |
21 | | the order of protection grants the surrender of a child, the |
22 | | surrender of a firearm or firearm owners identification card , |
23 | | or the exclusive possession of a shared residence.
|
24 | | (d) Remedies requiring actual notice. The counseling, |
25 | | payment of
support, payment of shelter services,
and payment |
26 | | of losses remedies provided by paragraphs 4,
12, 13, and 16 of |
|
| | HB4530 | - 403 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subsection (b) of Section 214 may be granted only if
|
2 | | respondent has
been personally served with process, has |
3 | | answered or has made a general
appearance.
|
4 | | (e) Remedies upon constructive notice. Service of process |
5 | | on a member
of respondent's household or by publication shall |
6 | | be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, |
7 | | 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section |
8 | | 214, but only if: (i) petitioner has made all reasonable
|
9 | | efforts to accomplish actual service of process personally |
10 | | upon respondent,
but respondent cannot be found to effect such |
11 | | service and (ii) petitioner
files an affidavit or presents |
12 | | sworn testimony
as to those efforts.
|
13 | | (f) Default. A plenary order of protection may be entered |
14 | | by default as follows:
|
15 | | (1) For any of the remedies sought in the petition, if |
16 | | respondent
has been served or given notice in accordance |
17 | | with subsection (a) and if
respondent then fails to appear |
18 | | as directed or fails to appear on any subsequent
|
19 | | appearance or hearing date agreed to by the parties or set |
20 | | by the court; or
|
21 | | (2) For any of the remedies provided in accordance |
22 | | with subsection
(e), if respondent fails to answer or |
23 | | appear in accordance with the
date set in the publication |
24 | | notice or the return date indicated on the
service of a |
25 | | household member.
|
26 | | (g) Emergency orders. If an order is granted under |
|
| | HB4530 | - 404 - | LRB102 21798 RLC 30918 b |
|
|
1 | | subsection (c) of Section 217, the court shall immediately |
2 | | file a certified copy of the order with the sheriff or other |
3 | | law enforcement official charged with maintaining Department |
4 | | of State Police records. |
5 | | (Source: P.A. 101-508, eff. 1-1-20 .)
|
6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
7 | | Sec. 214. Order of protection; remedies.
|
8 | | (a) Issuance of order. If the court finds that petitioner |
9 | | has been
abused by a family or household member or that |
10 | | petitioner is a high-risk
adult who has been abused, |
11 | | neglected, or exploited, as defined in this Act,
an order of |
12 | | protection prohibiting the abuse, neglect, or exploitation
|
13 | | shall issue; provided that petitioner must also satisfy the |
14 | | requirements of
one of the following Sections, as appropriate: |
15 | | Section 217 on emergency
orders, Section 218 on interim |
16 | | orders, or Section 219 on plenary orders.
Petitioner shall not |
17 | | be denied an order of protection because petitioner or
|
18 | | respondent is a minor. The court, when determining whether or |
19 | | not to issue
an order of protection, shall not require |
20 | | physical manifestations of abuse
on the person of the victim. |
21 | | Modification and extension of prior
orders of protection shall |
22 | | be in accordance with this Act.
|
23 | | (b) Remedies and standards. The remedies to be included in |
24 | | an order of
protection shall be determined in accordance with |
25 | | this Section and one of
the following Sections, as |
|
| | HB4530 | - 405 - | LRB102 21798 RLC 30918 b |
|
|
1 | | appropriate: Section 217 on emergency orders,
Section 218 on |
2 | | interim orders, and Section 219 on plenary orders. The
|
3 | | remedies listed in this subsection shall be in addition to |
4 | | other civil or
criminal remedies available to petitioner.
|
5 | | (1) Prohibition of abuse, neglect, or exploitation. |
6 | | Prohibit
respondent's harassment, interference with |
7 | | personal liberty, intimidation
of a dependent, physical |
8 | | abuse, or willful deprivation, neglect or
exploitation, as |
9 | | defined in this Act, or stalking of the petitioner, as |
10 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if |
11 | | such abuse, neglect,
exploitation, or stalking has |
12 | | occurred or otherwise appears likely to occur if
not |
13 | | prohibited.
|
14 | | (2) Grant of exclusive possession of residence. |
15 | | Prohibit respondent from
entering or remaining in any |
16 | | residence, household, or premises of the petitioner,
|
17 | | including one owned or leased by respondent, if petitioner |
18 | | has a right to
occupancy thereof. The grant of exclusive |
19 | | possession of the residence, household, or premises shall |
20 | | not
affect title to real property, nor shall the court be |
21 | | limited by the standard
set forth in subsection (c-2) of |
22 | | Section 501 of the Illinois Marriage and Dissolution of |
23 | | Marriage
Act.
|
24 | | (A) Right to occupancy. A party has a right to |
25 | | occupancy of a
residence or household if it is solely |
26 | | or jointly owned or leased by that
party, that party's |
|
| | HB4530 | - 406 - | LRB102 21798 RLC 30918 b |
|
|
1 | | spouse, a person with a legal duty to support that |
2 | | party or
a minor child in that party's care, or by any |
3 | | person or entity other than the
opposing party that |
4 | | authorizes that party's occupancy (e.g., a domestic
|
5 | | violence shelter). Standards set forth in subparagraph |
6 | | (B) shall not preclude
equitable relief.
|
7 | | (B) Presumption of hardships. If petitioner and |
8 | | respondent
each has the right to occupancy of a |
9 | | residence or household, the court
shall balance (i) |
10 | | the hardships to respondent and any minor child or
|
11 | | dependent adult in respondent's care resulting from |
12 | | entry of this remedy with
(ii) the hardships to |
13 | | petitioner and any minor child or dependent adult in
|
14 | | petitioner's care resulting from continued exposure to |
15 | | the risk of abuse
(should petitioner remain at the |
16 | | residence or household) or from loss of
possession of |
17 | | the residence or household (should petitioner leave to |
18 | | avoid the
risk of abuse). When determining the balance |
19 | | of hardships, the court shall
also take into account |
20 | | the accessibility of the residence or household.
|
21 | | Hardships need not be balanced if respondent does not |
22 | | have a right to
occupancy.
|
23 | | The balance of hardships is presumed to favor |
24 | | possession by
petitioner unless the presumption is |
25 | | rebutted by a preponderance of the
evidence, showing |
26 | | that the hardships to respondent substantially |
|
| | HB4530 | - 407 - | LRB102 21798 RLC 30918 b |
|
|
1 | | outweigh
the hardships to petitioner and any minor |
2 | | child or dependent adult in
petitioner's care. The |
3 | | court, on the request of petitioner or on its own
|
4 | | motion, may order respondent to provide suitable, |
5 | | accessible, alternate housing
for petitioner instead |
6 | | of excluding respondent from a mutual residence or
|
7 | | household.
|
8 | | (3) Stay away order and additional prohibitions.
Order |
9 | | respondent to stay away from petitioner or any other |
10 | | person
protected by the order of protection, or prohibit |
11 | | respondent from entering
or remaining present at |
12 | | petitioner's school, place of employment, or other
|
13 | | specified places at times when petitioner is present, or |
14 | | both, if
reasonable, given the balance of hardships. |
15 | | Hardships need not be balanced for
the court to enter a |
16 | | stay away order or prohibit entry if respondent has no
|
17 | | right to enter the premises.
|
18 | | (A) If an order of protection grants petitioner |
19 | | exclusive possession
of the residence, or prohibits |
20 | | respondent from entering the residence,
or orders |
21 | | respondent to stay away from petitioner or other
|
22 | | protected persons, then the court may allow respondent |
23 | | access to the
residence to remove items of clothing |
24 | | and personal adornment
used exclusively by respondent, |
25 | | medications, and other items as the court
directs. The |
26 | | right to access shall be exercised on only one |
|
| | HB4530 | - 408 - | LRB102 21798 RLC 30918 b |
|
|
1 | | occasion as the
court directs and in the presence of an |
2 | | agreed-upon adult third party or law
enforcement |
3 | | officer.
|
4 | | (B) When the petitioner and the respondent attend |
5 | | the same public, private, or non-public elementary, |
6 | | middle, or high school, the court when issuing an |
7 | | order of protection and providing relief shall |
8 | | consider the severity of the act, any continuing |
9 | | physical danger or emotional distress to the |
10 | | petitioner, the educational rights guaranteed to the |
11 | | petitioner and respondent under federal and State law, |
12 | | the availability of a transfer of the respondent to |
13 | | another school, a change of placement or a change of |
14 | | program of the respondent, the expense, difficulty, |
15 | | and educational disruption that would be caused by a |
16 | | transfer of the respondent to another school, and any |
17 | | other relevant facts of the case. The court may order |
18 | | that the respondent not attend the public, private, or |
19 | | non-public elementary, middle, or high school attended |
20 | | by the petitioner, order that the respondent accept a |
21 | | change of placement or change of program, as |
22 | | determined by the school district or private or |
23 | | non-public school, or place restrictions on the |
24 | | respondent's movements within the school attended by |
25 | | the petitioner.
The respondent bears the burden of |
26 | | proving by a preponderance of the evidence that a |
|
| | HB4530 | - 409 - | LRB102 21798 RLC 30918 b |
|
|
1 | | transfer, change of placement, or change of program of |
2 | | the respondent is not available. The respondent also |
3 | | bears the burden of production with respect to the |
4 | | expense, difficulty, and educational disruption that |
5 | | would be caused by a transfer of the respondent to |
6 | | another school. A transfer, change of placement, or |
7 | | change of program is not unavailable to the respondent |
8 | | solely on the ground that the respondent does not |
9 | | agree with the school district's or private or |
10 | | non-public school's transfer, change of placement, or |
11 | | change of program or solely on the ground that the |
12 | | respondent fails or refuses to consent or otherwise |
13 | | does not take an action required to effectuate a |
14 | | transfer, change of placement, or change of program.
|
15 | | When a court orders a respondent to stay away from the |
16 | | public, private, or non-public school attended by the |
17 | | petitioner and the respondent requests a transfer to |
18 | | another attendance center within the respondent's |
19 | | school district or private or non-public school, the |
20 | | school district or private or non-public school shall |
21 | | have sole discretion to determine the attendance |
22 | | center to which the respondent is transferred.
In the |
23 | | event the court order results in a transfer of the |
24 | | minor respondent to another attendance center, a |
25 | | change in the respondent's placement, or a change of |
26 | | the respondent's program, the parents, guardian, or |
|
| | HB4530 | - 410 - | LRB102 21798 RLC 30918 b |
|
|
1 | | legal custodian of the respondent is responsible for |
2 | | transportation and other costs associated with the |
3 | | transfer or change. |
4 | | (C) The court may order the parents, guardian, or |
5 | | legal custodian of a minor respondent to take certain |
6 | | actions or to refrain from taking certain actions to |
7 | | ensure that the respondent complies with the order. In |
8 | | the event the court orders a transfer of the |
9 | | respondent to another school, the parents, guardian, |
10 | | or legal custodian of the respondent is responsible |
11 | | for transportation and other costs associated with the |
12 | | change of school by the respondent. |
13 | | (4) Counseling. Require or recommend the respondent to |
14 | | undergo
counseling for a specified duration with a social |
15 | | worker, psychologist,
clinical psychologist, |
16 | | psychiatrist, family service agency, alcohol or
substance |
17 | | abuse program, mental health center guidance counselor, |
18 | | agency
providing services to elders, program designed for |
19 | | domestic violence
abusers or any other guidance service |
20 | | the court deems appropriate. The Court may order the |
21 | | respondent in any intimate partner relationship to report |
22 | | to an Illinois Department of Human Services protocol |
23 | | approved partner abuse intervention program for an |
24 | | assessment and to follow all recommended treatment.
|
25 | | (5) Physical care and possession of the minor child. |
26 | | In order to protect
the minor child from abuse, neglect, |
|
| | HB4530 | - 411 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or unwarranted separation from the person
who has been the |
2 | | minor child's primary caretaker, or to otherwise protect |
3 | | the
well-being of the minor child, the court may do either |
4 | | or both of the
following: (i) grant petitioner physical |
5 | | care or possession of the minor child,
or both, or (ii) |
6 | | order respondent to return a minor child to, or not remove |
7 | | a
minor child from, the physical care of a parent or person |
8 | | in loco parentis.
|
9 | | If a court finds, after a hearing, that respondent has |
10 | | committed abuse
(as defined in Section 103) of a minor |
11 | | child, there shall be a
rebuttable presumption that |
12 | | awarding physical care to respondent would not
be in the |
13 | | minor child's best interest.
|
14 | | (6) Temporary allocation of parental responsibilities: |
15 | | significant decision-making. Award temporary |
16 | | decision-making responsibility to petitioner
in accordance |
17 | | with this Section, the Illinois Marriage and Dissolution |
18 | | of
Marriage Act, the Illinois Parentage Act of 2015, and |
19 | | this State's Uniform
Child-Custody Jurisdiction and |
20 | | Enforcement Act.
|
21 | | If a court finds, after a hearing, that respondent has |
22 | | committed abuse (as
defined in Section 103) of a minor |
23 | | child, there shall be a rebuttable
presumption that |
24 | | awarding temporary significant decision-making |
25 | | responsibility to respondent would not be in
the child's |
26 | | best interest.
|
|
| | HB4530 | - 412 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (7) Parenting time. Determine the parenting time, if |
2 | | any, of respondent in
any case in which the court awards |
3 | | physical care or allocates temporary significant |
4 | | decision-making responsibility of
a minor child to |
5 | | petitioner. The court shall restrict or deny respondent's |
6 | | parenting time
with a minor child if the court finds that |
7 | | respondent has done or is
likely to do any of the |
8 | | following: (i) abuse or endanger the minor child during |
9 | | parenting time; (ii) use the parenting time as an |
10 | | opportunity to abuse or harass
petitioner or petitioner's |
11 | | family or household members; (iii) improperly
conceal or |
12 | | detain the minor child; or (iv) otherwise act in a manner |
13 | | that is
not in the best interests of the minor child. The |
14 | | court shall not be limited
by the standards set forth in |
15 | | Section 603.10 of the Illinois Marriage and
Dissolution of |
16 | | Marriage Act. If the court grants parenting time, the |
17 | | order shall
specify dates and times for the parenting time |
18 | | to take place or other specific
parameters or conditions |
19 | | that are appropriate. No order for parenting time shall
|
20 | | refer merely to the term "reasonable parenting time".
|
21 | | Petitioner may deny respondent access to the minor |
22 | | child if, when
respondent arrives for parenting time, |
23 | | respondent is under the influence of drugs
or alcohol and |
24 | | constitutes a threat to the safety and well-being of
|
25 | | petitioner or petitioner's minor children or is behaving |
26 | | in a violent or
abusive manner.
|
|
| | HB4530 | - 413 - | LRB102 21798 RLC 30918 b |
|
|
1 | | If necessary to protect any member of petitioner's |
2 | | family or
household from future abuse, respondent shall be |
3 | | prohibited from coming to
petitioner's residence to meet |
4 | | the minor child for parenting time, and the
parties shall |
5 | | submit to the court their recommendations for reasonable
|
6 | | alternative arrangements for parenting time. A person may |
7 | | be approved to
supervise parenting time only after filing |
8 | | an affidavit accepting
that responsibility and |
9 | | acknowledging accountability to the court.
|
10 | | (8) Removal or concealment of minor child. Prohibit |
11 | | respondent from
removing a minor child from the State or |
12 | | concealing the child within the State.
|
13 | | (9) Order to appear. Order the respondent to appear in |
14 | | court, alone
or with a minor child, to prevent abuse, |
15 | | neglect, removal or concealment of
the child, to return |
16 | | the child to the custody or care of the petitioner or
to |
17 | | permit any court-ordered interview or examination of the |
18 | | child or the
respondent.
|
19 | | (10) Possession of personal property. Grant petitioner |
20 | | exclusive
possession of personal property and, if |
21 | | respondent has possession or
control, direct respondent to |
22 | | promptly make it available to petitioner, if:
|
23 | | (i) petitioner, but not respondent, owns the |
24 | | property; or
|
25 | | (ii) the parties own the property jointly; sharing |
26 | | it would risk
abuse of petitioner by respondent or is |
|
| | HB4530 | - 414 - | LRB102 21798 RLC 30918 b |
|
|
1 | | impracticable; and the balance of
hardships favors |
2 | | temporary possession by petitioner.
|
3 | | If petitioner's sole claim to ownership of the |
4 | | property is that it is
marital property, the court may |
5 | | award petitioner temporary possession
thereof under the |
6 | | standards of subparagraph (ii) of this paragraph only if
a |
7 | | proper proceeding has been filed under the Illinois |
8 | | Marriage and
Dissolution of Marriage Act, as now or |
9 | | hereafter amended.
|
10 | | No order under this provision shall affect title to |
11 | | property.
|
12 | | (11) Protection of property. Forbid the respondent |
13 | | from taking,
transferring, encumbering, concealing, |
14 | | damaging or otherwise disposing of
any real or personal |
15 | | property, except as explicitly authorized by the
court, |
16 | | if:
|
17 | | (i) petitioner, but not respondent, owns the |
18 | | property; or
|
19 | | (ii) the parties own the property jointly,
and the |
20 | | balance of hardships favors granting this remedy.
|
21 | | If petitioner's sole claim to ownership of the |
22 | | property is that it is
marital property, the court may |
23 | | grant petitioner relief under subparagraph
(ii) of this |
24 | | paragraph only if a proper proceeding has been filed under |
25 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
26 | | now or hereafter amended.
|
|
| | HB4530 | - 415 - | LRB102 21798 RLC 30918 b |
|
|
1 | | The court may further prohibit respondent from |
2 | | improperly using the
financial or other resources of an |
3 | | aged member of the family or household
for the profit or |
4 | | advantage of respondent or of any other person.
|
5 | | (11.5) Protection of animals. Grant the petitioner the |
6 | | exclusive care, custody, or control of any animal owned, |
7 | | possessed, leased, kept, or held by either the petitioner |
8 | | or the respondent or a minor child residing in the |
9 | | residence or household of either the petitioner or the |
10 | | respondent and order the respondent to stay away from the |
11 | | animal and forbid the respondent from taking, |
12 | | transferring, encumbering, concealing, harming, or |
13 | | otherwise disposing of the animal.
|
14 | | (12) Order for payment of support. Order respondent to |
15 | | pay temporary
support for the petitioner or any child in |
16 | | the petitioner's care or over whom the petitioner has been |
17 | | allocated parental responsibility, when the respondent has |
18 | | a legal obligation to support that person,
in accordance |
19 | | with the Illinois Marriage and Dissolution
of Marriage |
20 | | Act, which shall govern, among other matters, the amount |
21 | | of
support, payment through the clerk and withholding of |
22 | | income to secure
payment. An order for child support may |
23 | | be granted to a petitioner with
lawful physical care of a |
24 | | child, or an order or agreement for
physical care of a |
25 | | child, prior to entry of an order allocating significant |
26 | | decision-making responsibility.
Such a support order shall |
|
| | HB4530 | - 416 - | LRB102 21798 RLC 30918 b |
|
|
1 | | expire upon entry of a valid order allocating parental |
2 | | responsibility differently and vacating the petitioner's |
3 | | significant decision-making authority, unless otherwise |
4 | | provided in the order.
|
5 | | (13) Order for payment of losses. Order respondent to |
6 | | pay petitioner for
losses suffered as a direct result of |
7 | | the abuse, neglect, or exploitation.
Such losses shall |
8 | | include, but not be limited to, medical expenses, lost
|
9 | | earnings or other support, repair or replacement of |
10 | | property damaged or taken,
reasonable attorney's fees, |
11 | | court costs and moving or other travel expenses,
including |
12 | | additional reasonable expenses for temporary shelter and |
13 | | 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 |
|
| | HB4530 | - 417 - | LRB102 21798 RLC 30918 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
|
8 | | well-being of the petitioner or the petitioner's children.
|
9 | | (14.5) Prohibition of firearm possession.
|
10 | | (a) Prohibit a respondent against whom an order of |
11 | | protection was issued from possessing any firearms |
12 | | during the duration of the order if the order: |
13 | | (1) was issued after a hearing of which such |
14 | | person received
actual notice, and at which such |
15 | | person had an opportunity to
participate; |
16 | | (2) restrains such person from harassing, |
17 | | stalking, or
threatening an intimate partner of |
18 | | such person or child of such
intimate partner or |
19 | | person, or engaging in other conduct that
would |
20 | | place an intimate partner in reasonable fear of |
21 | | bodily
injury to the partner or child; and |
22 | | (3)(i) includes a finding that such person |
23 | | represents a
credible threat to the physical |
24 | | safety of such intimate partner
or child; or
(ii) |
25 | | by its terms explicitly prohibits the use, |
26 | | attempted
use, or threatened use of physical force |
|
| | HB4530 | - 418 - | LRB102 21798 RLC 30918 b |
|
|
1 | | against such intimate
partner or child that would |
2 | | reasonably be expected to cause
bodily injury. |
3 | | Any Firearm Owner's Identification Card in the
|
4 | | possession of the respondent, except as provided in |
5 | | subsection (b), shall be ordered by the court to be |
6 | | turned
over to the local law enforcement agency. The |
7 | | local law enforcement agency shall immediately mail |
8 | | the card to the Illinois State Police Firearm Owner's |
9 | | Identification Card Office
for safekeeping. The court |
10 | | shall
issue a warrant for seizure of any firearm in the |
11 | | possession of the respondent, to be kept by the local |
12 | | law enforcement agency for safekeeping, except as |
13 | | provided in subsection (b).
The period of safekeeping |
14 | | shall be for the duration of the order of protection. |
15 | | The firearm or firearms and Firearm Owner's |
16 | | Identification Card, if unexpired, shall at the |
17 | | respondent's request, be returned to the respondent at |
18 | | the end
of the order of protection. It is the |
19 | | respondent's responsibility to notify the Illinois |
20 | | State Police Firearm Owner's Identification Card |
21 | | Office .
|
22 | | (b) If the respondent is a peace officer as |
23 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
24 | | the court shall order that any firearms used by the
|
25 | | respondent in the performance of his or her duties as a
|
26 | | peace officer be surrendered to
the chief law |
|
| | HB4530 | - 419 - | LRB102 21798 RLC 30918 b |
|
|
1 | | enforcement executive of the agency in which the |
2 | | respondent is
employed, who shall retain the firearms |
3 | | for safekeeping for the duration of the order of |
4 | | protection.
|
5 | | (c) Upon expiration of the period of safekeeping, |
6 | | if the firearms or Firearm Owner's Identification Card |
7 | | cannot be returned to respondent because respondent |
8 | | cannot be located, fails to respond to requests to |
9 | | retrieve the firearms, or is not lawfully eligible to |
10 | | possess a firearm, upon petition from the local law |
11 | | enforcement agency, the court may order the local law |
12 | | enforcement agency to destroy the firearms, use the |
13 | | firearms for training purposes, or for any other |
14 | | application as deemed appropriate by the local law |
15 | | enforcement agency; or that the firearms be turned |
16 | | over to a third party who is lawfully eligible to |
17 | | possess firearms, and who does not reside with |
18 | | respondent. |
19 | | (15) Prohibition of access to records. If an order of |
20 | | protection
prohibits respondent from having contact with |
21 | | the minor child,
or if petitioner's address is omitted |
22 | | under subsection (b) of
Section 203, or if necessary to |
23 | | prevent abuse or wrongful removal or
concealment of a |
24 | | minor child, the order shall deny respondent access to, |
25 | | and
prohibit respondent from inspecting, obtaining, or |
26 | | attempting to
inspect or obtain, school or any other |
|
| | HB4530 | - 420 - | LRB102 21798 RLC 30918 b |
|
|
1 | | records of the minor child
who is in the care of |
2 | | petitioner.
|
3 | | (16) Order for payment of shelter services. Order |
4 | | respondent to
reimburse a shelter providing temporary |
5 | | housing and counseling services to
the petitioner for the |
6 | | cost of the services, as certified by the shelter
and |
7 | | deemed reasonable by the court.
|
8 | | (17) Order for injunctive relief. Enter injunctive |
9 | | relief necessary
or appropriate to prevent further abuse |
10 | | of a family or household member
or further abuse, neglect, |
11 | | or exploitation of a high-risk adult with
disabilities or |
12 | | to effectuate one of the granted remedies, if supported by |
13 | | the
balance of hardships. If the harm to be prevented by |
14 | | the injunction is abuse
or any other harm that one of the |
15 | | remedies listed in paragraphs (1) through
(16) of this |
16 | | subsection is designed to prevent, no further evidence is
|
17 | | necessary that the harm is an irreparable injury.
|
18 | | (18) Telephone services. |
19 | | (A) Unless a condition described in subparagraph |
20 | | (B) of this paragraph exists, the court may, upon |
21 | | request by the petitioner, order a wireless telephone |
22 | | service provider to transfer to the petitioner the |
23 | | right to continue to use a telephone number or numbers |
24 | | indicated by the petitioner and the financial |
25 | | responsibility associated with the number or numbers, |
26 | | as set forth in subparagraph (C) of this paragraph. |
|
| | HB4530 | - 421 - | LRB102 21798 RLC 30918 b |
|
|
1 | | For purposes of this paragraph (18), the term |
2 | | "wireless telephone service provider" means a provider |
3 | | of commercial mobile service as defined in 47 U.S.C. |
4 | | 332. The petitioner may request the transfer of each |
5 | | telephone number that the petitioner, or a minor child |
6 | | in his or her custody, uses. The clerk of the court |
7 | | shall serve the order on the wireless telephone |
8 | | service provider's agent for service of process |
9 | | provided to the Illinois Commerce Commission. The |
10 | | order shall contain all of the following: |
11 | | (i) The name and billing telephone number of |
12 | | the account holder including the name of the |
13 | | wireless telephone service provider that serves |
14 | | the account. |
15 | | (ii) Each telephone number that will be |
16 | | transferred. |
17 | | (iii) A statement that the provider transfers |
18 | | to the petitioner all financial responsibility for |
19 | | and right to the use of any telephone number |
20 | | transferred under this paragraph. |
21 | | (B) A wireless telephone service provider shall |
22 | | terminate the respondent's use of, and shall transfer |
23 | | to the petitioner use of, the telephone number or |
24 | | numbers indicated in subparagraph (A) of this |
25 | | paragraph unless it notifies the petitioner, within 72 |
26 | | hours after it receives the order, that one of the |
|
| | HB4530 | - 422 - | LRB102 21798 RLC 30918 b |
|
|
1 | | following applies: |
2 | | (i) The account holder named in the order has |
3 | | terminated the account. |
4 | | (ii) A difference in network technology would |
5 | | prevent or impair the functionality of a device on |
6 | | a network if the transfer occurs. |
7 | | (iii) The transfer would cause a geographic or |
8 | | other limitation on network or service provision |
9 | | to the petitioner. |
10 | | (iv) Another technological or operational |
11 | | issue would prevent or impair the use of the |
12 | | telephone number if the transfer occurs. |
13 | | (C) The petitioner assumes all financial |
14 | | responsibility for and right to the use of any |
15 | | telephone number transferred under this paragraph. In |
16 | | this paragraph, "financial responsibility" includes |
17 | | monthly service costs and costs associated with any |
18 | | mobile device associated with the number. |
19 | | (D) A wireless telephone service provider may |
20 | | apply to the petitioner its routine and customary |
21 | | requirements for establishing an account or |
22 | | transferring a number, including requiring the |
23 | | petitioner to provide proof of identification, |
24 | | financial information, and customer preferences.
|
25 | | (E) Except for willful or wanton misconduct, a |
26 | | wireless telephone service provider is immune from |
|
| | HB4530 | - 423 - | LRB102 21798 RLC 30918 b |
|
|
1 | | civil liability for its actions taken in compliance |
2 | | with a court order issued under this paragraph. |
3 | | (F) All wireless service providers that provide |
4 | | services to residential customers shall provide to the |
5 | | Illinois Commerce Commission the name and address of |
6 | | an agent for service of orders entered under this |
7 | | paragraph (18). Any change in status of the registered |
8 | | agent must be reported to the Illinois Commerce |
9 | | Commission within 30 days of such change. |
10 | | (G) The Illinois Commerce Commission shall |
11 | | maintain the list of registered agents for service for |
12 | | each wireless telephone service provider on the |
13 | | Commission's website. The Commission may consult with |
14 | | wireless telephone service providers and the Circuit |
15 | | Court Clerks on the manner in which this information |
16 | | is provided and displayed. |
17 | | (c) Relevant factors; findings.
|
18 | | (1) In determining whether to grant a specific remedy, |
19 | | other than
payment of support, the court shall consider
|
20 | | relevant factors, including but not limited to the |
21 | | following:
|
22 | | (i) the nature, frequency, severity, pattern and |
23 | | consequences of the
respondent's past abuse, neglect |
24 | | or exploitation of the petitioner or
any family or |
25 | | household member, including the concealment of his or |
26 | | her
location in order to evade service of process or |
|
| | HB4530 | - 424 - | LRB102 21798 RLC 30918 b |
|
|
1 | | notice, and the likelihood of
danger of future abuse, |
2 | | neglect, or exploitation to petitioner or any member |
3 | | of
petitioner's or respondent's family or household; |
4 | | and
|
5 | | (ii) the danger that any minor child will be |
6 | | abused or neglected or
improperly relocated from the |
7 | | jurisdiction, improperly concealed within the
State or |
8 | | improperly separated from the child's primary |
9 | | caretaker.
|
10 | | (2) In comparing relative hardships resulting to the |
11 | | parties from loss
of possession of the family home, the |
12 | | court shall consider relevant
factors, including but not |
13 | | limited to the following:
|
14 | | (i) availability, accessibility, cost, safety, |
15 | | adequacy, location and
other characteristics of |
16 | | alternate housing for each party and any minor child
|
17 | | or dependent adult in the party's care;
|
18 | | (ii) the effect on the party's employment; and
|
19 | | (iii) the effect on the relationship of the party, |
20 | | and any minor
child or dependent adult in the party's |
21 | | care, to family, school, church
and community.
|
22 | | (3) Subject to the exceptions set forth in paragraph |
23 | | (4) of this
subsection, the court shall make its findings |
24 | | in an official record or in
writing, and shall at a minimum |
25 | | set forth the following:
|
26 | | (i) That the court has considered the applicable |
|
| | HB4530 | - 425 - | LRB102 21798 RLC 30918 b |
|
|
1 | | relevant factors
described in paragraphs (1) and (2) |
2 | | of this subsection.
|
3 | | (ii) Whether the conduct or actions of respondent, |
4 | | unless
prohibited, will likely cause irreparable harm |
5 | | or continued abuse.
|
6 | | (iii) Whether it is necessary to grant the |
7 | | requested relief in order
to protect petitioner or |
8 | | other alleged abused persons.
|
9 | | (4) For purposes of issuing an ex parte emergency |
10 | | order of protection,
the court, as an alternative to or as |
11 | | a supplement to making the findings
described in |
12 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this |
13 | | subsection, may
use the following procedure:
|
14 | | When a verified petition for an emergency order of |
15 | | protection in
accordance with the requirements of Sections |
16 | | 203 and 217 is
presented to the court, the court shall |
17 | | examine petitioner on oath or
affirmation. An emergency |
18 | | order of protection shall be issued by the court
if it |
19 | | appears from the contents of the petition and the |
20 | | examination of
petitioner that the averments are |
21 | | sufficient to indicate abuse by
respondent and to support |
22 | | the granting of relief under the issuance of the
emergency |
23 | | order of protection.
|
24 | | (5) Never married parties. No rights or |
25 | | responsibilities for a minor
child born outside of |
26 | | marriage attach to a putative father until a father and
|
|
| | HB4530 | - 426 - | LRB102 21798 RLC 30918 b |
|
|
1 | | child relationship has been established under the Illinois |
2 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
3 | | the Illinois Public Aid Code, Section 12 of the Vital |
4 | | Records Act, the
Juvenile Court Act of 1987, the Probate |
5 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of |
6 | | Support Act, the Uniform Interstate Family Support
Act, |
7 | | the Expedited Child Support Act of 1990, any judicial, |
8 | | administrative, or
other act of another state or |
9 | | territory, any other Illinois statute, or by any
foreign |
10 | | nation establishing the father and child relationship, any |
11 | | other
proceeding substantially in conformity with the |
12 | | Personal Responsibility and
Work Opportunity |
13 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where |
14 | | both
parties appeared in open court or at an |
15 | | administrative hearing acknowledging
under
oath or |
16 | | admitting by affirmation the existence of a father and |
17 | | child
relationship.
Absent such an adjudication, finding, |
18 | | or acknowledgment, no putative
father shall be granted
|
19 | | temporary allocation of parental responsibilities, |
20 | | including parenting time with the minor child, or
physical |
21 | | care and possession of the minor child, nor shall an order |
22 | | of payment
for support of the minor child be entered.
|
23 | | (d) Balance of hardships; findings. If the court finds |
24 | | that the balance
of hardships does not support the granting of |
25 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of |
26 | | subsection (b) of this Section,
which may require such |
|
| | HB4530 | - 427 - | LRB102 21798 RLC 30918 b |
|
|
1 | | balancing, the court's findings shall so
indicate and shall |
2 | | include a finding as to whether granting the remedy will
|
3 | | result in hardship to respondent that would substantially |
4 | | outweigh the hardship
to petitioner from denial of the remedy. |
5 | | The findings shall be an official
record or in writing.
|
6 | | (e) Denial of remedies. Denial of any remedy shall not be |
7 | | based, in
whole or in part, on evidence that:
|
8 | | (1) Respondent has cause for any use of force, unless |
9 | | that cause
satisfies the standards for justifiable use of |
10 | | force provided by Article
7 of the Criminal Code of 2012;
|
11 | | (2) Respondent was voluntarily intoxicated;
|
12 | | (3) Petitioner acted in self-defense or defense of |
13 | | another, provided
that, if petitioner utilized force, such |
14 | | force was justifiable under
Article 7 of the Criminal Code |
15 | | of 2012;
|
16 | | (4) Petitioner did not act in self-defense or defense |
17 | | of another;
|
18 | | (5) Petitioner left the residence or household to |
19 | | avoid further abuse,
neglect, or exploitation by |
20 | | respondent;
|
21 | | (6) Petitioner did not leave the residence or |
22 | | household to avoid further
abuse, neglect, or exploitation |
23 | | by respondent;
|
24 | | (7) Conduct by any family or household member excused |
25 | | the abuse,
neglect, or exploitation by respondent, unless |
26 | | that same conduct would have
excused such abuse, neglect, |
|
| | HB4530 | - 428 - | LRB102 21798 RLC 30918 b |
|
|
1 | | or exploitation if the parties had not been
family or |
2 | | household members.
|
3 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
4 | | Section 110. The Uniform Disposition of Unclaimed Property |
5 | | Act is amended by changing Section 1 as follows:
|
6 | | (765 ILCS 1025/1) (from Ch. 141, par. 101)
|
7 | | Sec. 1. As used in this Act, unless the context otherwise |
8 | | requires:
|
9 | | (a) "Banking organization" means any bank, trust company, |
10 | | savings bank,
industrial bank, land bank, safe deposit |
11 | | company, or a private banker.
|
12 | | (b) "Business association" means any corporation, joint |
13 | | stock company,
business trust, partnership, or any
|
14 | | association, limited liability company, or other business |
15 | | entity consisting
of one or more persons, whether or not for |
16 | | profit.
|
17 | | (c) "Financial organization" means any savings and loan |
18 | | association,
building and loan association, credit union, |
19 | | currency exchange,
co-operative bank, mutual funds, or |
20 | | investment company.
|
21 | | (d) "Holder" means any person in possession of property |
22 | | subject to this
Act belonging to another, or who is trustee in |
23 | | case of a trust, or is
indebted to another on an obligation |
24 | | subject to this Act.
|
|
| | HB4530 | - 429 - | LRB102 21798 RLC 30918 b |
|
|
1 | | (e) "Life insurance corporation" means any association or |
2 | | corporation
transacting the business of insurance on the lives |
3 | | of
persons or insurance appertaining thereto, including, but |
4 | | not by way of
limitation, endowments and annuities.
|
5 | | (f) "Owner" means a depositor in case of a deposit, a |
6 | | beneficiary in
case of a trust, a creditor, claimant, or payee |
7 | | in case of other property, or any person having a legal or |
8 | | equitable interest in property
subject to this Act, or his |
9 | | legal representative.
|
10 | | (g) "Person" means any individual, business association, |
11 | | financial
organization, government or
political subdivision or |
12 | | agency, public authority,
estate, trust, or any other legal or
|
13 | | commercial entity.
|
14 | | (h) "Utility" means any person who owns or operates,
for |
15 | | public use, any plant, equipment, property, franchise, or |
16 | | license for
the transmission of communications or the |
17 | | production, storage,
transmission, sale, delivery, or |
18 | | furnishing of electricity, water,
steam, oil or gas.
|
19 | | (i) (Blank).
|
20 | | (j) "Insurance company" means any person transacting the |
21 | | kinds of
business enumerated in Section 4 of the Illinois |
22 | | Insurance Code other than
life insurance.
|
23 | | (k) "Economic loss", as used in Sections 2a and 9 of this |
24 | | Act includes,
but is not limited to,
delivery charges, |
25 | | mark-downs and write-offs, carrying
costs, restocking charges, |
26 | | lay-aways, special orders, issuance of credit memos,
and the |
|
| | HB4530 | - 430 - | LRB102 21798 RLC 30918 b |
|
|
1 | | costs of special services or goods
provided that reduce the |
2 | | property value or that result in lost sales
opportunity.
|
3 | | (l) "Reportable property" means property, tangible or |
4 | | intangible, presumed
abandoned under this Act that must be |
5 | | appropriately and timely reported and
remitted to the Office |
6 | | of the State Treasurer under this
Act. Interest, dividends, |
7 | | stock splits,
warrants, or other rights that become reportable |
8 | | property under this Act
include the underlying security or |
9 | | commodity giving rise to the interest,
dividend, split, |
10 | | warrant, or other right to which the owner would be entitled.
|
11 | | (m) "Firearm" has the meaning ascribed to that term in |
12 | | Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners
|
13 | | Identification Card Act .
|
14 | | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; |
15 | | 91-748, eff. 6-2-00.)
|
16 | | Section 115. The Revised Uniform Unclaimed Property Act is |
17 | | amended by changing Section 15-705 as follows: |
18 | | (765 ILCS 1026/15-705)
|
19 | | Sec. 15-705. Exceptions to the sale of tangible property. |
20 | | The administrator shall dispose of tangible property |
21 | | identified by this Section in accordance with this Section. |
22 | | (a) Military medals or decorations. The administrator may |
23 | | not sell a medal or decoration awarded for military service in |
24 | | the armed forces of the United States. Instead, the |
|
| | HB4530 | - 431 - | LRB102 21798 RLC 30918 b |
|
|
1 | | administrator, with the consent of the respective organization |
2 | | under paragraph (1), agency under paragraph (2), or entity |
3 | | under paragraph (3), may deliver a medal or decoration to be |
4 | | held in custody for the owner, to: |
5 | | (1) a military veterans organization qualified under |
6 | | Section 501(c)(19) of the Internal Revenue Code; |
7 | | (2) the agency that awarded the medal or decoration; |
8 | | or |
9 | | (3) a governmental entity. |
10 | | After delivery, the administrator is not responsible for |
11 | | the safekeeping of the medal or decoration. |
12 | | (b) Property with historical value. Property that the |
13 | | administrator reasonably believes may have historical value |
14 | | may be, at his or her discretion, loaned to an accredited |
15 | | museum in the United States where it will be kept until such |
16 | | time as the administrator orders it to be returned to his or |
17 | | her custody. |
18 | | (c) Human remains. If human remains are delivered to the |
19 | | administrator under this Act, the administrator shall deliver |
20 | | those human remains to the coroner of the county in which the |
21 | | human remains were abandoned for disposition under Section |
22 | | 3-3034 of the Counties Code. The only human remains that may be |
23 | | delivered to the administrator under this Act and that the |
24 | | administrator may receive are those that are reported and |
25 | | delivered as contents of a safe deposit box. |
26 | | (d) Evidence in a criminal investigation. Property that |
|
| | HB4530 | - 432 - | LRB102 21798 RLC 30918 b |
|
|
1 | | may have been used in the commission of a crime or that may |
2 | | assist in the investigation of a crime, as determined after |
3 | | consulting with the Illinois State Police, shall be delivered |
4 | | to the Illinois State Police or other appropriate law |
5 | | enforcement authority to allow law enforcement to determine |
6 | | whether a criminal investigation should take place. Any such |
7 | | property delivered to a law enforcement authority shall be |
8 | | held in accordance with existing statutes and rules related to |
9 | | the gathering, retention, and release of evidence. |
10 | | (e) Firearms. |
11 | | (1) The administrator, in cooperation with the |
12 | | Illinois State Police, shall develop a procedure to |
13 | | determine whether a firearm delivered to the administrator |
14 | | under this Act has been stolen or used in the commission of |
15 | | a crime. The Illinois State Police shall determine the |
16 | | appropriate disposition of a firearm that has been stolen |
17 | | or used in the commission of a crime. The administrator |
18 | | shall attempt to return a firearm that has not been stolen |
19 | | or used in the commission of a crime to the rightful owner |
20 | | if the Illinois State Police determines that the owner may |
21 | | lawfully possess the firearm. |
22 | | (2) If the administrator is unable to return a firearm |
23 | | to its owner, the administrator shall transfer custody of |
24 | | the firearm to the Illinois State Police. Legal title to a |
25 | | firearm transferred to the Illinois State Police under |
26 | | this subsection (e) is vested in the Illinois State Police |
|
| | HB4530 | - 433 - | LRB102 21798 RLC 30918 b |
|
|
1 | | by operation of law if: |
2 | | (i) the administrator cannot locate the owner of |
3 | | the firearm; |
4 | | (ii) the owner of the firearm may not lawfully |
5 | | possess the firearm; |
6 | | (iii) the apparent owner does not respond to |
7 | | notice published under Section 15-503 of this Act; or |
8 | | (iv) the apparent owner responds to notice |
9 | | published under Section 15-502 and states that he or |
10 | | she no longer claims an interest in the firearm. |
11 | | (3) With respect to a firearm whose title is |
12 | | transferred to the Illinois State Police under this |
13 | | subsection (e), the Illinois State Police may: |
14 | | (i) retain the firearm for use by the crime |
15 | | laboratory system, for training purposes, or for any |
16 | | other application as deemed appropriate by the |
17 | | Department; |
18 | | (ii) transfer the firearm to the Illinois State |
19 | | Museum if the firearm has historical value; or |
20 | | (iii) destroy the firearm if it is not retained |
21 | | pursuant to subparagraph (i) or transferred pursuant |
22 | | to subparagraph (ii). |
23 | | As used in this subsection, "firearm" has the meaning |
24 | | provided in Section 2-7.5 of the Criminal Code of 2012 the |
25 | | Firearm Owners Identification Card Act .
|
26 | | (Source: P.A. 102-538, eff. 8-20-21.) |
|
| | HB4530 | - 434 - | LRB102 21798 RLC 30918 b |
|
|
1 | | Section 195. No acceleration or delay. Where this Act |
2 | | makes changes in a statute that is represented in this Act by |
3 | | text that is not yet or no longer in effect (for example, a |
4 | | Section represented by multiple versions), the use of that |
5 | | text does not accelerate or delay the taking effect of (i) the |
6 | | changes made by this Act or (ii) provisions derived from any |
7 | | other Public Act.
|
| | | HB4530 | - 435 - | LRB102 21798 RLC 30918 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 120/2 | from Ch. 102, par. 42 | | 4 | | 5 ILCS 140/7.5 | | | 5 | | 5 ILCS 830/10-5 | | | 6 | | 5 ILCS 840/40 | | | 7 | | 20 ILCS 2605/2605-10 | was 20 ILCS 2605/55a in part | | 8 | | 20 ILCS 2605/2605-45 | was 20 ILCS 2605/55a-5 | | 9 | | 20 ILCS 2605/2605-200 | was 20 ILCS 2605/55a in part | | 10 | | 20 ILCS 2605/2605-595 | | | 11 | | 20 ILCS 2605/2605-120 rep. | | | 12 | | 20 ILCS 2605/2605-304 rep. | | | 13 | | 20 ILCS 2630/2.2 | | | 14 | | 20 ILCS 3930/7.9 | | | 15 | | 30 ILCS 105/6z-99 | | | 16 | | 30 ILCS 715/3 | from Ch. 56 1/2, par. 1703 | | 17 | | 50 ILCS 710/1 | from Ch. 85, par. 515 | | 18 | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | | 19 | | 105 ILCS 5/10-27.1A | | | 20 | | 105 ILCS 5/34-8.05 | | | 21 | | 225 ILCS 210/2005 | from Ch. 96 1/2, par. 1-2005 | | 22 | | 225 ILCS 447/35-30 | | | 23 | | 225 ILCS 447/35-35 | | | 24 | | 405 ILCS 5/6-103.1 | | | 25 | | 405 ILCS 5/6-103.2 | | |
| | | HB4530 | - 436 - | LRB102 21798 RLC 30918 b |
|
| 1 | | 405 ILCS 5/6-103.3 | | | 2 | | 410 ILCS 45/2 | from Ch. 111 1/2, par. 1302 | | 3 | | 430 ILCS 65/Act rep. | | | 4 | | 430 ILCS 66/25 | | | 5 | | 430 ILCS 66/30 | | | 6 | | 430 ILCS 66/40 | | | 7 | | 430 ILCS 66/66 | | | 8 | | 430 ILCS 66/70 | | | 9 | | 430 ILCS 66/80 | | | 10 | | 430 ILCS 66/105 | | | 11 | | 430 ILCS 67/35 | | | 12 | | 430 ILCS 67/40 | | | 13 | | 430 ILCS 68/5-20 | | | 14 | | 430 ILCS 68/5-25 | | | 15 | | 430 ILCS 68/5-40 | | | 16 | | 430 ILCS 68/5-85 | | | 17 | | 520 ILCS 5/3.2 | from Ch. 61, par. 3.2 | | 18 | | 520 ILCS 5/3.2a | from Ch. 61, par. 3.2a | | 19 | | 720 ILCS 5/2-7.1 | | | 20 | | 720 ILCS 5/2-7.5 | | | 21 | | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | | 22 | | 720 ILCS 5/16-0.1 | | | 23 | | 720 ILCS 5/17-30 | was 720 ILCS 5/16C-2 | | 24 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | | 25 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | | 26 | | 720 ILCS 5/24-1.6 | | |
| | | HB4530 | - 437 - | LRB102 21798 RLC 30918 b |
|
| 1 | | 720 ILCS 5/24-1.8 | | | 2 | | 720 ILCS 5/24-2 | | | 3 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | | 4 | | 720 ILCS 5/24-3.1 | from Ch. 38, par. 24-3.1 | | 5 | | 720 ILCS 5/24-3.2 | from Ch. 38, par. 24-3.2 | | 6 | | 720 ILCS 5/24-3.4 | from Ch. 38, par. 24-3.4 | | 7 | | 720 ILCS 5/24-3.5 | | | 8 | | 720 ILCS 5/24-3B | | | 9 | | 720 ILCS 5/24-4.1 | | | 10 | | 720 ILCS 5/24-4.5 new | | | 11 | | 720 ILCS 5/24-9 | | | 12 | | 720 ILCS 646/10 | | | 13 | | 725 ILCS 5/102-7.1 | | | 14 | | 725 ILCS 5/110-10 | from Ch. 38, par. 110-10 | | 15 | | 725 ILCS 5/112A-11.1 | | | 16 | | 725 ILCS 5/112A-11.2 | | | 17 | | 725 ILCS 5/112A-14 | from Ch. 38, par. 112A-14 | | 18 | | 725 ILCS 5/112A-14.7 | | | 19 | | 730 ILCS 5/5-4.5-110 | | | 20 | | 730 ILCS 5/5-5-3 | | | 21 | | 730 ILCS 5/5-5-3.2 | | | 22 | | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | | 23 | | 740 ILCS 21/80 | | | 24 | | 740 ILCS 110/12 | from Ch. 91 1/2, par. 812 | | 25 | | 750 ILCS 60/210 | from Ch. 40, par. 2312-10 | | 26 | | 750 ILCS 60/214 | from Ch. 40, par. 2312-14 | |
| | | HB4530 | - 438 - | LRB102 21798 RLC 30918 b |
|
| 1 | | 765 ILCS 1025/1 | from Ch. 141, par. 101 | | 2 | | 765 ILCS 1026/15-705 | |
|
|