Sen. Ram Villivalam
Filed: 3/25/2021
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1 | AMENDMENT TO SENATE BILL 568
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2 | AMENDMENT NO. ______. Amend Senate Bill 568 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Fix the FOID | ||||||
5 | Act. | ||||||
6 | Section 5. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7.5 as follows: | ||||||
8 | (5 ILCS 140/7.5) | ||||||
9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be | ||||||
11 | exempt from inspection and copying: | ||||||
12 | (a) All information determined to be confidential | ||||||
13 | under Section 4002 of the Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (b) Library circulation and order records identifying |
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1 | library users with specific materials under the Library | ||||||
2 | Records Confidentiality Act. | ||||||
3 | (c) Applications, related documents, and medical | ||||||
4 | records received by the Experimental Organ Transplantation | ||||||
5 | Procedures Board and any and all documents or other | ||||||
6 | records prepared by the Experimental Organ Transplantation | ||||||
7 | Procedures Board or its staff relating to applications it | ||||||
8 | has received. | ||||||
9 | (d) Information and records held by the Department of | ||||||
10 | Public Health and its authorized representatives relating | ||||||
11 | to known or suspected cases of sexually transmissible | ||||||
12 | disease or any information the disclosure of which is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act. | ||||||
15 | (e) Information the disclosure of which is exempted | ||||||
16 | under Section 30 of the Radon Industry Licensing Act. | ||||||
17 | (f) Firm performance evaluations under Section 55 of | ||||||
18 | the Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based Selection Act. | ||||||
20 | (g) Information the disclosure of which is restricted | ||||||
21 | and exempted under Section 50 of the Illinois Prepaid | ||||||
22 | Tuition Act. | ||||||
23 | (h) Information the disclosure of which is exempted | ||||||
24 | under the State Officials and Employees Ethics Act, and | ||||||
25 | records of any lawfully created State or local inspector | ||||||
26 | general's office that would be exempt if created or |
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1 | obtained by an Executive Inspector General's office under | ||||||
2 | that Act. | ||||||
3 | (i) Information contained in a local emergency energy | ||||||
4 | plan submitted to a municipality in accordance with a | ||||||
5 | local emergency energy plan ordinance that is adopted | ||||||
6 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
7 | (j) Information and data concerning the distribution | ||||||
8 | of surcharge moneys collected and remitted by carriers | ||||||
9 | under the Emergency Telephone System Act. | ||||||
10 | (k) Law enforcement officer identification information | ||||||
11 | or driver identification information compiled by a law | ||||||
12 | enforcement agency or the Department of Transportation | ||||||
13 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
14 | (l) Records and information provided to a residential | ||||||
15 | health care facility resident sexual assault and death | ||||||
16 | review team or the Executive Council under the Abuse | ||||||
17 | Prevention Review Team Act. | ||||||
18 | (m) Information provided to the predatory lending | ||||||
19 | database created pursuant to Article 3 of the Residential | ||||||
20 | Real Property Disclosure Act, except to the extent | ||||||
21 | authorized under that Article. | ||||||
22 | (n) Defense budgets and petitions for certification of | ||||||
23 | compensation and expenses for court appointed trial | ||||||
24 | counsel as provided under Sections 10 and 15 of the | ||||||
25 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
26 | apply until the conclusion of the trial of the case, even |
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1 | if the prosecution chooses not to pursue the death penalty | ||||||
2 | prior to trial or sentencing. | ||||||
3 | (o) Information that is prohibited from being | ||||||
4 | disclosed under Section 4 of the Illinois Health and | ||||||
5 | Hazardous Substances Registry Act. | ||||||
6 | (p) Security portions of system safety program plans, | ||||||
7 | investigation reports, surveys, schedules, lists, data, or | ||||||
8 | information compiled, collected, or prepared by or for the | ||||||
9 | Regional Transportation Authority under Section 2.11 of | ||||||
10 | the Regional Transportation Authority Act or the St. Clair | ||||||
11 | County Transit District under the Bi-State Transit Safety | ||||||
12 | Act. | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Record Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted | ||||||
18 | under Section 5-108 of the Public Utilities Act.
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19 | (t) All identified or deidentified health information | ||||||
20 | in the form of health data or medical records contained | ||||||
21 | in, stored in, submitted to, transferred by, or released | ||||||
22 | from the Illinois Health Information Exchange, and | ||||||
23 | identified or deidentified health information in the form | ||||||
24 | of health data and medical records of the Illinois Health | ||||||
25 | Information Exchange in the possession of the Illinois | ||||||
26 | Health Information Exchange Office due to its |
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1 | administration of the Illinois Health Information | ||||||
2 | Exchange. The terms "identified" and "deidentified" shall | ||||||
3 | be given the same meaning as in the Health Insurance | ||||||
4 | Portability and Accountability Act of 1996, Public Law | ||||||
5 | 104-191, or any subsequent amendments thereto, and any | ||||||
6 | regulations promulgated thereunder. | ||||||
7 | (u) Records and information provided to an independent | ||||||
8 | team of experts under the Developmental Disability and | ||||||
9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
10 | (v) Names and information of people who have applied | ||||||
11 | for or received Firearm Owner's Identification Cards under | ||||||
12 | the Firearm Owners Identification Card Act or applied for | ||||||
13 | or received a concealed carry license under the Firearm | ||||||
14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
15 | Firearm Concealed Carry Act; and databases under the | ||||||
16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
18 | Carry Act, and law enforcement agency objections under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | (w) Personally identifiable information which is | ||||||
21 | exempted from disclosure under subsection (g) of Section | ||||||
22 | 19.1 of the Toll Highway Act. | ||||||
23 | (x) Information which is exempted from disclosure | ||||||
24 | under Section 5-1014.3 of the Counties Code or Section | ||||||
25 | 8-11-21 of the Illinois Municipal Code. | ||||||
26 | (y) Confidential information under the Adult |
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1 | Protective Services Act and its predecessor enabling | ||||||
2 | statute, the Elder Abuse and Neglect Act, including | ||||||
3 | information about the identity and administrative finding | ||||||
4 | against any caregiver of a verified and substantiated | ||||||
5 | decision of abuse, neglect, or financial exploitation of | ||||||
6 | an eligible adult maintained in the Registry established | ||||||
7 | under Section 7.5 of the Adult Protective Services Act. | ||||||
8 | (z) Records and information provided to a fatality | ||||||
9 | review team or the Illinois Fatality Review Team Advisory | ||||||
10 | Council under Section 15 of the Adult Protective Services | ||||||
11 | Act. | ||||||
12 | (aa) Information which is exempted from disclosure | ||||||
13 | under Section 2.37 of the Wildlife Code. | ||||||
14 | (bb) Information which is or was prohibited from | ||||||
15 | disclosure by the Juvenile Court Act of 1987. | ||||||
16 | (cc) Recordings made under the Law Enforcement | ||||||
17 | Officer-Worn Body Camera Act, except to the extent | ||||||
18 | authorized under that Act. | ||||||
19 | (dd) Information that is prohibited from being | ||||||
20 | disclosed under Section 45 of the Condominium and Common | ||||||
21 | Interest Community Ombudsperson Act. | ||||||
22 | (ee) Information that is exempted from disclosure | ||||||
23 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
24 | (ff) Information that is exempted from disclosure | ||||||
25 | under the Revised Uniform Unclaimed Property Act. | ||||||
26 | (gg) Information that is prohibited from being |
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1 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
2 | Code. | ||||||
3 | (hh) Records that are exempt from disclosure under | ||||||
4 | Section 1A-16.7 of the Election Code. | ||||||
5 | (ii) Information which is exempted from disclosure | ||||||
6 | under Section 2505-800 of the Department of Revenue Law of | ||||||
7 | the Civil Administrative Code of Illinois. | ||||||
8 | (jj) Information and reports that are required to be | ||||||
9 | submitted to the Department of Labor by registering day | ||||||
10 | and temporary labor service agencies but are exempt from | ||||||
11 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
12 | and Temporary Labor Services Act. | ||||||
13 | (kk) Information prohibited from disclosure under the | ||||||
14 | Seizure and Forfeiture Reporting Act. | ||||||
15 | (ll) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
17 | Aid Code. | ||||||
18 | (mm) Records that are exempt from disclosure under | ||||||
19 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
20 | (nn) Information that is exempt from disclosure under | ||||||
21 | Section 70 of the Higher Education Student Assistance Act. | ||||||
22 | (oo) Communications, notes, records, and reports | ||||||
23 | arising out of a peer support counseling session | ||||||
24 | prohibited from disclosure under the First Responders | ||||||
25 | Suicide Prevention Act. | ||||||
26 | (pp) Names and all identifying information relating to |
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1 | an employee of an emergency services provider or law | ||||||
2 | enforcement agency under the First Responders Suicide | ||||||
3 | Prevention Act. | ||||||
4 | (qq) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives collected | ||||||
6 | under the Reproductive Health Act. | ||||||
7 | (rr) Information that is exempt from disclosure under | ||||||
8 | the Cannabis Regulation and Tax Act. | ||||||
9 | (ss) Data reported by an employer to the Department of | ||||||
10 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
11 | Human Rights Act. | ||||||
12 | (tt) Recordings made under the Children's Advocacy | ||||||
13 | Center Act, except to the extent authorized under that | ||||||
14 | Act. | ||||||
15 | (uu) Information that is exempt from disclosure under | ||||||
16 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
17 | (vv) Information that is exempt from disclosure under | ||||||
18 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
19 | Public Aid Code. | ||||||
20 | (ww) Information that is exempt from disclosure under | ||||||
21 | Section 16.8 of the State Treasurer Act. | ||||||
22 | (xx) Information that is exempt from disclosure or | ||||||
23 | information that shall not be made public under the | ||||||
24 | Illinois Insurance Code. | ||||||
25 | (yy) Information prohibited from being disclosed under | ||||||
26 | the Illinois Educational Labor Relations Act. |
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1 | (zz) Information prohibited from being disclosed under | ||||||
2 | the Illinois Public Labor Relations Act. | ||||||
3 | (aaa) Information prohibited from being disclosed | ||||||
4 | under Section 1-167 of the Illinois Pension Code. | ||||||
5 | (bbb) Records exempt from disclosure under Section | ||||||
6 | 2605-304 of the Department of State Police Law of the | ||||||
7 | Civil Administrative Code of Illinois. | ||||||
8 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
9 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
10 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
11 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
12 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
13 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
14 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
15 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
16 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
17 | eff. 7-7-20.) | ||||||
18 | Section 10. The Department of State Police Law of the
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19 | Civil Administrative Code of Illinois is amended by changing | ||||||
20 | Section 2605-605 and by adding Section 2605-304 as follows: | ||||||
21 | (20 ILCS 2605/2605-304 new) | ||||||
22 | Sec. 2605-304. Prohibited persons portal. | ||||||
23 | (a) Within 90 days after the effective date of this | ||||||
24 | amendatory Act of the 102nd General Assembly, the Illinois |
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1 | State Police shall establish a portal for use by federal, | ||||||
2 | State, or local law enforcement agencies, including Offices of | ||||||
3 | the State's Attorneys and the Office of the Attorney General | ||||||
4 | to capture a report of persons whose Firearm Owner's | ||||||
5 | Identification Cards have been revoked or suspended. The | ||||||
6 | portal is for law enforcement purposes only. | ||||||
7 | (b) The Illinois State Police shall include in the report | ||||||
8 | the reason the person's Firearm Owner's Identification Card | ||||||
9 | was subject to revocation or suspension, to the extent allowed | ||||||
10 | by law, consistent with Section 8 of the Firearm Owners | ||||||
11 | Identification Card Act. | ||||||
12 | (c) The Illinois State Police shall indicate whether the | ||||||
13 | person subject to the revocation or suspension of his or her | ||||||
14 | Firearm Owner's Identification Card has surrendered his or her | ||||||
15 | revoked or suspended Firearm Owner's Identification Card and | ||||||
16 | whether the person has completed a Firearm Disposition Record | ||||||
17 | required under Section 9.5 of the Firearm Owners | ||||||
18 | Identification Card Act. The Illinois State Police shall make | ||||||
19 | reasonable efforts to make this information available on the | ||||||
20 | Law Enforcement Agencies Data System (LEADS). | ||||||
21 | (d) The Illinois State Police shall provide updates of | ||||||
22 | information related to an individual's current Firearm Owner's | ||||||
23 | Identification Card revocation or suspension status, including | ||||||
24 | compliance under Section 9.5 of the Firearm Owners | ||||||
25 | Identification Card Act, in the Illinois State Police's Law | ||||||
26 | Enforcement Agencies Data System. |
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1 | (e) Records in this portal are exempt from disclosure | ||||||
2 | under the Freedom of Information Act. | ||||||
3 | (f) The Illinois State Police may adopt rules necessary to | ||||||
4 | implement this Section. | ||||||
5 | (20 ILCS 2605/2605-605) | ||||||
6 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
7 | Director of State Police shall may establish a statewide | ||||||
8 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
9 | by the Department of State Police dedicated to combating gun | ||||||
10 | violence, gun-trafficking, and other violent crime with the | ||||||
11 | primary mission of preservation of life and reducing the | ||||||
12 | occurrence and the fear of crime. The objectives of the Task | ||||||
13 | Force shall include, but not be limited to, reducing and | ||||||
14 | preventing illegal possession and use of firearms, | ||||||
15 | firearm-related homicides, and other violent crimes. | ||||||
16 | (1) The Task Force may develop and acquire information, | ||||||
17 | training, tools, and resources necessary to implement a | ||||||
18 | data-driven approach to policing, with an emphasis on | ||||||
19 | intelligence development. | ||||||
20 | (2) The Task Force may utilize information sharing, | ||||||
21 | partnerships, crime analysis, and evidence-based practices to | ||||||
22 | assist in the reduction of firearm-related shootings, | ||||||
23 | homicides, and gun-trafficking. | ||||||
24 | (3) The Task Force may recognize and utilize best | ||||||
25 | practices of community policing and may develop potential |
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1 | partnerships with faith-based and community organizations to | ||||||
2 | achieve its goals. | ||||||
3 | (4) The Task Force may identify and utilize best practices | ||||||
4 | in drug-diversion programs and other community-based services | ||||||
5 | to redirect low-level offenders. | ||||||
6 | (5) The Task Force may assist in violence suppression | ||||||
7 | strategies including, but not limited to, details in | ||||||
8 | identified locations that have shown to be the most prone to | ||||||
9 | gun violence and violent crime, focused deterrence against | ||||||
10 | violent gangs and groups considered responsible for the | ||||||
11 | violence in communities, and other intelligence driven methods | ||||||
12 | deemed necessary to interrupt cycles of violence or prevent | ||||||
13 | retaliation. | ||||||
14 | (6) In consultation with the Chief Procurement Officer, | ||||||
15 | the Department of State Police may obtain contracts for | ||||||
16 | software, commodities, resources, and equipment to assist the | ||||||
17 | Task Force with achieving this Act. Any contracts necessary to | ||||||
18 | support the delivery of necessary software, commodities, | ||||||
19 | resources, and equipment are not subject to the Illinois | ||||||
20 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
21 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
22 | Procurement Officer may, in writing with justification, waive | ||||||
23 | any certification required under Article 50 of the Illinois | ||||||
24 | Procurement Code.
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25 | (7) The Task Force shall conduct enforcement operations | ||||||
26 | against persons whose Firearm Owner's Identification Cards |
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1 | have been revoked or suspended and persons who fail to comply | ||||||
2 | with the requirements of Section 9.5 of the Firearm Owners | ||||||
3 | Identification Card Act, prioritizing individuals presenting a | ||||||
4 | clear and present danger to themselves or to others under | ||||||
5 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm | ||||||
6 | Owners Identification Card Act. | ||||||
7 | (8) The Task Force shall collaborate with local law | ||||||
8 | enforcement agencies to enforce provisions of the Firearm | ||||||
9 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
10 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
11 | 24 of the Criminal Code of 2012. | ||||||
12 | (9) The Director of the Illinois State Police may | ||||||
13 | establish intergovernmental contracts written and executed in | ||||||
14 | conformity with the Intergovernmental Cooperation Act. | ||||||
15 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
16 | Section 15. The State Finance Act is amended by changing | ||||||
17 | Section 6z-99 and by adding Sections 5.935 and 6z-124 as | ||||||
18 | follows: | ||||||
19 | (30 ILCS 105/5.935 new) | ||||||
20 | Sec. 5.935. The State Police Revocation Enforcement Fund. | ||||||
21 | "(30 ILCS 105/6z-99) | ||||||
22 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
23 | (a) There is created in the State treasury a special fund |
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1 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
2 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
3 | Fund may also receive revenue from grants, pass-through | ||||||
4 | grants, donations, appropriations, and any other legal source. | ||||||
5 | (b) The Department of State Police and Department of Human | ||||||
6 | Services shall coordinate to use moneys in the Fund to finance | ||||||
7 | their respective duties of collecting and reporting data on | ||||||
8 | mental health records and ensuring that mental health firearm | ||||||
9 | possession prohibitors are enforced as set forth under the | ||||||
10 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
11 | Identification Card Act , including reporting prohibitors to | ||||||
12 | the National Instant Criminal Background Check System (NICS) . | ||||||
13 | Any surplus in the Fund beyond what is necessary to ensure | ||||||
14 | compliance with mental health reporting under these Acts shall | ||||||
15 | be used by the Department of Human Services for mental health | ||||||
16 | treatment programs as follows: (1) 50% shall be used to fund | ||||||
17 | community-based mental health programs aimed at reducing gun | ||||||
18 | violence, community integration and education, or mental | ||||||
19 | health awareness and prevention, including administrative | ||||||
20 | costs; and (2) 50% shall be used to award grants that use and | ||||||
21 | promote the National School Mental Health Curriculum model for | ||||||
22 | school-based mental health support, integration, and services . | ||||||
23 | (c) Investment income that is attributable to the | ||||||
24 | investment of moneys in the Fund shall be retained in the Fund | ||||||
25 | for the uses specified in this Section.
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26 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) |
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1 | (30 ILCS 105/6z-124 new) | ||||||
2 | Sec. 6z-124. State Police Revocation Enforcement Fund. | ||||||
3 | (a) The State Police Revocation Enforcement Fund is | ||||||
4 | established as a special fund in the State treasury. This Fund | ||||||
5 | is established to receive moneys from the Firearm Owners | ||||||
6 | Identification Card Act to enforce that Act, the Firearm | ||||||
7 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
8 | and other firearm offenses. The Fund may also receive revenue | ||||||
9 | from grants, donations, appropriations, and any other legal | ||||||
10 | source. | ||||||
11 | (b) The Illinois State Police may use moneys from the Fund | ||||||
12 | to establish task forces and, if necessary, include other law | ||||||
13 | enforcement agencies, pursuant to intergovernmental contracts | ||||||
14 | written and executed in conformity with the Intergovernmental | ||||||
15 | Cooperation Act. | ||||||
16 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
17 | hire and train State Police officers and other law enforcement | ||||||
18 | purposes. | ||||||
19 | (d) The State Police Revocation Enforcement Fund is not | ||||||
20 | subject to administrative chargebacks. | ||||||
21 | Section 20. The Firearm Owners Identification Card Act is | ||||||
22 | amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 7, 8, 9.5, | ||||||
23 | and 14 and by adding Sections 7.5 and 8.4 as follows:
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1 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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2 | Sec. 1.1. For purposes of this Act:
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3 | "Addicted to narcotics" means a person who has been: | ||||||
4 | (1) convicted of an offense involving the use or | ||||||
5 | possession of cannabis, a controlled substance, or | ||||||
6 | methamphetamine within the past year; or | ||||||
7 | (2) determined by the Department of State Police to be | ||||||
8 | addicted to narcotics based upon federal law or federal | ||||||
9 | guidelines. | ||||||
10 | "Addicted to narcotics" does not include possession or use | ||||||
11 | of a prescribed controlled substance under the direction and | ||||||
12 | authority of a physician or other person authorized to | ||||||
13 | prescribe the controlled substance when the controlled | ||||||
14 | substance is used in the prescribed manner. | ||||||
15 | "Adjudicated as a person with a mental disability" means | ||||||
16 | the person is the subject of a determination by a court, board, | ||||||
17 | commission or other lawful authority that the person, as a | ||||||
18 | result of marked subnormal intelligence, or mental illness, | ||||||
19 | mental impairment, incompetency, condition, or disease: | ||||||
20 | (1) presents a clear and present danger to himself, | ||||||
21 | herself, or to others; | ||||||
22 | (2) lacks the mental capacity to manage his or her own | ||||||
23 | affairs or is adjudicated a person with a disability as | ||||||
24 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
25 | (3) is not guilty in a criminal case by reason of | ||||||
26 | insanity, mental disease or defect; |
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1 | (3.5) is guilty but mentally ill, as provided in | ||||||
2 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
3 | (4) is incompetent to stand trial in a criminal case; | ||||||
4 | (5) is not guilty by reason of lack of mental | ||||||
5 | responsibility under Articles 50a and 72b of the Uniform | ||||||
6 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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7 | (6) is a sexually violent person under subsection (f) | ||||||
8 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
9 | Act; | ||||||
10 | (7) is a sexually dangerous person under the Sexually | ||||||
11 | Dangerous Persons Act; | ||||||
12 | (8) is unfit to stand trial under the Juvenile Court | ||||||
13 | Act of 1987; | ||||||
14 | (9) is not guilty by reason of insanity under the | ||||||
15 | Juvenile Court Act of 1987; | ||||||
16 | (10) is subject to involuntary admission as an | ||||||
17 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
18 | and Developmental Disabilities Code; | ||||||
19 | (11) is subject to involuntary admission as an | ||||||
20 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
21 | Health and Developmental Disabilities Code; | ||||||
22 | (12) is subject to judicial admission as set forth in | ||||||
23 | Section 4-500 of the Mental Health and Developmental | ||||||
24 | Disabilities Code; or | ||||||
25 | (13) is subject to the provisions of the Interstate | ||||||
26 | Agreements on Sexually Dangerous Persons Act. |
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1 | "Clear and present danger" means a person who: | ||||||
2 | (1) communicates a serious threat of physical violence | ||||||
3 | against a reasonably identifiable victim or poses a clear | ||||||
4 | and imminent risk of serious physical injury to himself, | ||||||
5 | herself, or another person as determined by a physician, | ||||||
6 | clinical psychologist, or qualified examiner; or | ||||||
7 | (2) demonstrates threatening physical or verbal | ||||||
8 | behavior, such as violent, suicidal, or assaultive | ||||||
9 | threats, actions, or other behavior, as determined by a | ||||||
10 | physician, clinical psychologist, qualified examiner, | ||||||
11 | school administrator, or law enforcement official , | ||||||
12 | including any act that
is intended to cause or create a | ||||||
13 | risk and does cause or create a risk of death
or great | ||||||
14 | bodily harm to one or more persons . | ||||||
15 | "Clinical psychologist" has the meaning provided in | ||||||
16 | Section 1-103 of the Mental Health and Developmental | ||||||
17 | Disabilities Code. | ||||||
18 | "Controlled substance" means a controlled substance or | ||||||
19 | controlled substance analog as defined in the Illinois | ||||||
20 | Controlled Substances Act. | ||||||
21 | "Counterfeit" means to copy or imitate, without legal | ||||||
22 | authority, with
intent
to deceive. | ||||||
23 | "Federally licensed firearm dealer" means a person who is | ||||||
24 | licensed as a federal firearms dealer under Section 923 of the | ||||||
25 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
26 | "Firearm" means any device, by
whatever name known, which |
| |||||||
| |||||||
1 | is designed to expel a projectile or projectiles
by the action | ||||||
2 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
3 | however:
| ||||||
4 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
5 | B-B gun which
expels a single globular projectile not | ||||||
6 | exceeding .18 inch in
diameter or which has a maximum | ||||||
7 | muzzle velocity of less than 700 feet
per second;
| ||||||
8 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
9 | or B-B gun which expels breakable paint balls containing | ||||||
10 | washable marking colors; | ||||||
11 | (2) any device used exclusively for signalling or | ||||||
12 | safety and required or
recommended by the United States | ||||||
13 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
14 | (3) any device used exclusively for the firing of stud | ||||||
15 | cartridges,
explosive rivets or similar industrial | ||||||
16 | ammunition; and
| ||||||
17 | (4) an antique firearm (other than a machine-gun) | ||||||
18 | which, although
designed as a weapon, the Department of | ||||||
19 | State Police finds by reason of
the date of its | ||||||
20 | manufacture, value, design, and other characteristics is
| ||||||
21 | primarily a collector's item and is not likely to be used | ||||||
22 | as a weapon.
| ||||||
23 | "Firearm ammunition" means any self-contained cartridge or | ||||||
24 | shotgun
shell, by whatever name known, which is designed to be | ||||||
25 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
26 | (1) any ammunition exclusively designed for use with a |
| |||||||
| |||||||
1 | device used
exclusively for signalling or safety and | ||||||
2 | required or recommended by the
United States Coast Guard | ||||||
3 | or the Interstate Commerce Commission; and
| ||||||
4 | (2) any ammunition designed exclusively for use with a | ||||||
5 | stud or rivet
driver or other similar industrial | ||||||
6 | ammunition. | ||||||
7 | "Gun show" means an event or function: | ||||||
8 | (1) at which the sale and transfer of firearms is the | ||||||
9 | regular and normal course of business and where 50 or more | ||||||
10 | firearms are displayed, offered, or exhibited for sale, | ||||||
11 | transfer, or exchange; or | ||||||
12 | (2) at which not less than 10 gun show vendors | ||||||
13 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
14 | exchange firearms.
| ||||||
15 | "Gun show" includes the entire premises provided for an | ||||||
16 | event or function, including parking areas for the event or | ||||||
17 | function, that is sponsored to facilitate the purchase, sale, | ||||||
18 | transfer, or exchange of firearms as described in this | ||||||
19 | Section.
Nothing in this definition shall be construed to | ||||||
20 | exclude a gun show held in conjunction with competitive | ||||||
21 | shooting events at the World Shooting Complex sanctioned by a | ||||||
22 | national governing body in which the sale or transfer of | ||||||
23 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
24 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
25 | Unless otherwise expressly stated, "gun show" does not | ||||||
26 | include training or safety classes, competitive shooting |
| |||||||
| |||||||
1 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
2 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
3 | or
any other event where the sale or transfer of firearms is | ||||||
4 | not the primary course of business. | ||||||
5 | "Gun show promoter" means a person who organizes or | ||||||
6 | operates a gun show. | ||||||
7 | "Gun show vendor" means a person who exhibits, sells, | ||||||
8 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
9 | show, regardless of whether the person arranges with a gun | ||||||
10 | show promoter for a fixed location from which to exhibit, | ||||||
11 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
12 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
13 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
14 | Developmental Disabilities Code. | ||||||
15 | "Mental health facility" means any licensed private | ||||||
16 | hospital or hospital affiliate, institution, or facility, or | ||||||
17 | part thereof, and any facility, or part thereof, operated by | ||||||
18 | the State or a political subdivision thereof which provide | ||||||
19 | treatment of persons with mental illness and includes all | ||||||
20 | hospitals, institutions, clinics, evaluation facilities, | ||||||
21 | mental health centers, colleges, universities, long-term care | ||||||
22 | facilities, and nursing homes, or parts thereof, which provide | ||||||
23 | treatment of persons with mental illness whether or not the | ||||||
24 | primary purpose is to provide treatment of persons with mental | ||||||
25 | illness. | ||||||
26 | "National governing body" means a group of persons who |
| |||||||
| |||||||
1 | adopt rules and formulate policy on behalf of a national | ||||||
2 | firearm sporting organization. | ||||||
3 | "Patient" means: | ||||||
4 | (1) a person who is admitted as an inpatient or | ||||||
5 | resident of a public or private mental health facility for | ||||||
6 | mental health treatment under Chapter III of the Mental | ||||||
7 | Health and Developmental Disabilities Code as an informal | ||||||
8 | admission, a voluntary admission, a minor admission, an | ||||||
9 | emergency admission, or an involuntary admission, unless | ||||||
10 | the treatment was solely for an alcohol abuse disorder; or | ||||||
11 | (2) a person who voluntarily or involuntarily receives | ||||||
12 | mental health treatment as an out-patient or is otherwise | ||||||
13 | provided services by a public or private mental health | ||||||
14 | facility, and who poses a clear and present danger to | ||||||
15 | himself, herself, or to others. | ||||||
16 | "Person with a developmental disability" means a person | ||||||
17 | with a disability which is attributable to any other condition | ||||||
18 | which results in impairment similar to that caused by an | ||||||
19 | intellectual disability and which requires services similar to | ||||||
20 | those required by persons with intellectual disabilities. The | ||||||
21 | disability must originate before the age of 18
years, be | ||||||
22 | expected to continue indefinitely, and constitute a | ||||||
23 | substantial disability. This disability results, in the | ||||||
24 | professional opinion of a physician, clinical psychologist, or | ||||||
25 | qualified examiner, in significant functional limitations in 3 | ||||||
26 | or more of the following areas of major life activity: |
| |||||||
| |||||||
1 | (i) self-care; | ||||||
2 | (ii) receptive and expressive language; | ||||||
3 | (iii) learning; | ||||||
4 | (iv) mobility; or | ||||||
5 | (v) self-direction. | ||||||
6 | "Person with an intellectual disability" means a person | ||||||
7 | with a significantly subaverage general intellectual | ||||||
8 | functioning which exists concurrently with impairment in | ||||||
9 | adaptive behavior and which originates before the age of 18 | ||||||
10 | years. | ||||||
11 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
12 | the Mental Health and Developmental Disabilities Code. | ||||||
13 | "Qualified examiner" has the meaning provided in Section | ||||||
14 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
15 | Code. | ||||||
16 | "Sanctioned competitive shooting event" means a shooting | ||||||
17 | contest officially recognized by a national or state shooting | ||||||
18 | sport association, and includes any sight-in or practice | ||||||
19 | conducted in conjunction with the event.
| ||||||
20 | "School administrator" means the person required to report | ||||||
21 | under the School Administrator Reporting of Mental Health | ||||||
22 | Clear and Present Danger Determinations Law. | ||||||
23 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
24 | Section 24-1 of the Criminal Code of 2012. | ||||||
25 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
26 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .) |
| |||||||
| |||||||
1 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
2 | Sec. 3. Requirements for firearm transfers. | ||||||
3 | (a) A Except as provided in Section 3a, no person shall not | ||||||
4 | may knowingly
transfer, or cause to be transferred, any | ||||||
5 | firearm, firearm ammunition, stun gun, or taser to any person | ||||||
6 | within this State unless the
transferee with whom he or she | ||||||
7 | deals displays either: (1) a currently valid Firearm Owner's
| ||||||
8 | Identification Card which has previously been issued in his or | ||||||
9 | her name by the
Department of State Police under the | ||||||
10 | provisions of this Act; or (2) a currently valid license to | ||||||
11 | carry a concealed firearm which has previously been issued in | ||||||
12 | his or her name by the
Department of State Police under the | ||||||
13 | Firearm Concealed Carry Act. In addition,
all firearm, stun | ||||||
14 | gun, and taser transfers by federally licensed firearm dealers | ||||||
15 | are subject
to Section 3.1. | ||||||
16 | (a-5) Beginning 90 days after the effective date of this | ||||||
17 | amendatory Act of the 102nd General Assembly, notwithstanding | ||||||
18 | item (2) of subsection (a) of this Section, any person who is | ||||||
19 | not a federally licensed firearm dealer and who desires to | ||||||
20 | transfer or sell a firearm or firearms to any person who is not | ||||||
21 | a federally licensed firearm dealer shall do so only through a | ||||||
22 | federally licensed firearms dealer as follows: | ||||||
23 | (1) the seller or transferor shall give the firearm to | ||||||
24 | the federally licensed firearms dealer, who shall retain | ||||||
25 | possession of the firearm until every legal requirement |
| |||||||
| |||||||
1 | for the sale or transfer has been met; | ||||||
2 | (2) the federally licensed firearms dealer shall | ||||||
3 | process the sale or other transfer in compliance with any | ||||||
4 | federal, State, and local law, including a National | ||||||
5 | Instant Criminal Background Check System background check | ||||||
6 | on the buyer or transferee in accordance with 18 U.S.C. | ||||||
7 | 922(t) and Section 3.1; | ||||||
8 | (A) if the transaction is not legally prohibited, | ||||||
9 | the federally licensed firearm dealer may then | ||||||
10 | complete transfer the firearm to the buyer or | ||||||
11 | transferee; | ||||||
12 | (B) if the transaction is legally prohibited, the | ||||||
13 | federally licensed firearm dealer shall conduct a | ||||||
14 | National Instant Criminal Background Check System | ||||||
15 | background check under paragraph (2) of this | ||||||
16 | subsection (a-5) on the transferor or seller before | ||||||
17 | returning the firearm; | ||||||
18 | (C) if the federally licensed firearm dealer | ||||||
19 | cannot return the firearm to either party, the dealer | ||||||
20 | shall notify a local law enforcement agency within 24 | ||||||
21 | hours to take possession of the firearm; | ||||||
22 | (D) if there is a delay in completing a background | ||||||
23 | check, the federally licensed firearms dealer shall | ||||||
24 | maintain possession of the firearm until the | ||||||
25 | background check is completed; | ||||||
26 | (3) the federally licensed firearms dealer shall |
| |||||||
| |||||||
1 | ensure that all required documentation of the sale or | ||||||
2 | transfer are maintained in accordance with federal, State, | ||||||
3 | and local law, including, but not limited to, the | ||||||
4 | completion of the Bureau of Alcohol, Tobacco, Firearms, | ||||||
5 | and Explosives Firearm Transaction Record Form 4473 which | ||||||
6 | shall be open to inspection in accordance the Firearm | ||||||
7 | Dealer License Certification Act; | ||||||
8 | (4) the federally licensed firearms dealer may charge | ||||||
9 | a fee not to exceed $10 to perform the sale or transfer | ||||||
10 | under this Section; and | ||||||
11 | (5) no transfer of a firearm shall occur until an | ||||||
12 | approval is issued by the Illinois State Police and the | ||||||
13 | required waiting period established by Section 24-3 of the | ||||||
14 | Criminal Code of 2012 has expired. | ||||||
15 | This subsection shall not apply to sales or transfers by | ||||||
16 | a: | ||||||
17 | (A) law enforcement, corrections, or active duty | ||||||
18 | military officer acting within the course of his or her | ||||||
19 | employment or official duties; | ||||||
20 | (B) person acting under operation of law or court | ||||||
21 | order; | ||||||
22 | (C) gunsmith who receives the firearm solely for the | ||||||
23 | purpose of service or repair; | ||||||
24 | (D) person acting on behalf of a common carrier or | ||||||
25 | other business for purposes of transportation or storage | ||||||
26 | in the ordinary course of his or her business; |
| |||||||
| |||||||
1 | (E) person who is loaned a firearm while on the | ||||||
2 | premises of a licensed shooting range for the sole purpose | ||||||
3 | of shooting at targets, if the firearm is kept within the | ||||||
4 | premises of the shooting range; | ||||||
5 | (F) minor who is loaned a firearm for lawful hunting | ||||||
6 | or sporting purposes while under the direct supervision of | ||||||
7 | an adult; | ||||||
8 | (G) person who acquires a firearm upon the death of | ||||||
9 | another person from a will, bequest, inheritance, or as a | ||||||
10 | bona fide gift from an immediate family member, as long as | ||||||
11 | he or she notifies the Illinois State Police under Section | ||||||
12 | 3.1 within 60 days, at which time the Illinois State | ||||||
13 | Police shall conduct a National Instant Criminal | ||||||
14 | Background Check System background check on the person. In | ||||||
15 | this paragraph, "immediate family member" means a spouse, | ||||||
16 | domestic partner, children, step-children, parents, or | ||||||
17 | step-parents; | ||||||
18 | (H) person who transfers a firearm to a law | ||||||
19 | enforcement agency; or | ||||||
20 | (I) person who is loaned a firearm for lawful hunting | ||||||
21 | or sporting purposes while in the presence of the lawful | ||||||
22 | owner of the firearm. | ||||||
23 | Any person who is not a federally licensed firearm dealer and | ||||||
24 | who desires to transfer or sell a firearm while that | ||||||
25 | person is on the grounds of a gun show must, before selling | ||||||
26 | or transferring the firearm, request the Department of |
| |||||||
| |||||||
1 | State Police to conduct a background check on the | ||||||
2 | prospective recipient of the firearm in accordance with | ||||||
3 | Section 3.1. | ||||||
4 | (a-10) The Illinois State Police shall publish, on its | ||||||
5 | website, information for holders of Firearm Owner's | ||||||
6 | Identification Cards that includes the changes included in | ||||||
7 | this amendatory Act of the 102nd General Assembly. Any Firearm | ||||||
8 | Owner's Identification Card issued or renewed beginning 180 | ||||||
9 | days after the effective date of this amendatory Act of the | ||||||
10 | 102nd General Assembly shall include a statement indicating | ||||||
11 | the changes pertinent in this amendatory Act of the 102nd | ||||||
12 | General Assembly for Firearm Owner's Identification Card | ||||||
13 | holders. Notwithstanding item (2) of subsection (a) of this | ||||||
14 | Section, any person who is not a federally licensed firearm | ||||||
15 | dealer and who desires to transfer or sell a firearm or | ||||||
16 | firearms to any person who is not a federally licensed firearm | ||||||
17 | dealer shall, before selling or transferring the firearms, | ||||||
18 | contact the Department of State Police with the transferee's | ||||||
19 | or purchaser's Firearm Owner's Identification Card number to | ||||||
20 | determine the validity of the transferee's or purchaser's | ||||||
21 | Firearm Owner's Identification Card. This subsection shall not | ||||||
22 | be effective until January 1, 2014. The Department of State | ||||||
23 | Police may adopt rules concerning the implementation of this | ||||||
24 | subsection. The Department of State Police shall provide the | ||||||
25 | seller or transferor an approval number if the purchaser's | ||||||
26 | Firearm Owner's Identification Card is valid. Approvals issued |
| |||||||
| |||||||
1 | by the Department for the purchase of a firearm pursuant to | ||||||
2 | this subsection are valid for 30 days from the date of issue. | ||||||
3 | (a-15) (Blank). The provisions of subsection (a-10) of | ||||||
4 | this Section do not apply to: | ||||||
5 | (1) transfers that occur at the place of business of a | ||||||
6 | federally licensed firearm dealer, if the federally | ||||||
7 | licensed firearm dealer conducts a background check on the | ||||||
8 | prospective recipient of the firearm in accordance with | ||||||
9 | Section 3.1 of this Act and follows all other applicable | ||||||
10 | federal, State, and local laws as if he or she were the | ||||||
11 | seller or transferor of the firearm, although the dealer | ||||||
12 | is not required to accept the firearm into his or her | ||||||
13 | inventory. The purchaser or transferee may be required by | ||||||
14 | the federally licensed firearm dealer to pay a fee not to | ||||||
15 | exceed $10 per firearm, which the dealer may retain as | ||||||
16 | compensation for performing the functions required under | ||||||
17 | this paragraph, plus the applicable fees authorized by | ||||||
18 | Section 3.1; | ||||||
19 | (2) transfers as a bona fide gift to the transferor's | ||||||
20 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
21 | father, mother, stepfather, stepmother, brother, sister, | ||||||
22 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
23 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
24 | son-in-law, or daughter-in-law; | ||||||
25 | (3) transfers by persons acting pursuant to operation | ||||||
26 | of law or a court order; |
| |||||||
| |||||||
1 | (4) transfers on the grounds of a gun show under | ||||||
2 | subsection (a-5) of this Section; | ||||||
3 | (5) the delivery of a firearm by its owner to a | ||||||
4 | gunsmith for service or repair, the return of the firearm | ||||||
5 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
6 | by a gunsmith to a federally licensed firearms dealer for | ||||||
7 | service or repair and the return of the firearm to the | ||||||
8 | gunsmith; | ||||||
9 | (6) temporary transfers that occur while in the home | ||||||
10 | of the unlicensed transferee, if the unlicensed transferee | ||||||
11 | is not otherwise prohibited from possessing firearms and | ||||||
12 | the unlicensed transferee reasonably believes that | ||||||
13 | possession of the firearm is necessary to prevent imminent | ||||||
14 | death or great bodily harm to the unlicensed transferee; | ||||||
15 | (7) transfers to a law enforcement or corrections | ||||||
16 | agency or a law enforcement or corrections officer acting | ||||||
17 | within the course and scope of his or her official duties; | ||||||
18 | (8) transfers of firearms that have been rendered | ||||||
19 | permanently inoperable to a nonprofit historical society, | ||||||
20 | museum, or institutional collection; and | ||||||
21 | (9) transfers to a person who is exempt from the | ||||||
22 | requirement of possessing a Firearm Owner's Identification | ||||||
23 | Card under Section 2 of this Act. | ||||||
24 | (a-20) (Blank). The Department of State Police shall | ||||||
25 | develop an Internet-based system for individuals to determine | ||||||
26 | the validity of a Firearm Owner's Identification Card prior to |
| |||||||
| |||||||
1 | the sale or transfer of a firearm. The Department shall have | ||||||
2 | the Internet-based system completed and available for use by | ||||||
3 | July 1, 2015. The Department shall adopt rules not | ||||||
4 | inconsistent with this Section to implement this system. | ||||||
5 | (b) Any resident may purchase ammunition from a person | ||||||
6 | within or outside of this State if shipment is by United States | ||||||
7 | mail or by a private express carrier authorized by federal law | ||||||
8 | to ship ammunition. Any resident purchasing ammunition within | ||||||
9 | or outside the State must provide the seller with a copy of his | ||||||
10 | or her valid Firearm Owner's Identification Card or valid | ||||||
11 | concealed carry license and either his or her Illinois | ||||||
12 | driver's license or Illinois Identification Card prior to the | ||||||
13 | shipment of the ammunition. The ammunition may be shipped only | ||||||
14 | to an address on either of those 2 documents. | ||||||
15 | (b-1) Any person within this State who before the | ||||||
16 | provisions of subsection (a-5) become operative, transferred, | ||||||
17 | or caused transfers or causes to be
transferred any firearm, | ||||||
18 | stun gun, or taser shall keep a record of such transfer for a | ||||||
19 | period
of 10 years from the date of transfer. Such record shall | ||||||
20 | contain the date
of the transfer; the description, serial | ||||||
21 | number or other information
identifying the firearm, stun gun, | ||||||
22 | or taser if no serial number is available; and, if the
transfer | ||||||
23 | was completed within this State, the transferee's Firearm | ||||||
24 | Owner's
Identification Card number and any approval number or | ||||||
25 | documentation provided by the Department of State Police | ||||||
26 | pursuant to subsection (a-10) of this Section ; if the transfer |
| |||||||
| |||||||
1 | was not completed within this State, the record shall contain | ||||||
2 | the name and address of the transferee. The On or after January | ||||||
3 | 1, 2006, the record shall contain the date of application for | ||||||
4 | transfer of the firearm. On demand of a peace officer such | ||||||
5 | transferor
shall produce for inspection such record of | ||||||
6 | transfer. If the transfer or sale took place at a gun show, the | ||||||
7 | record shall include the unique identification number. Failure | ||||||
8 | to record the unique identification number or approval number | ||||||
9 | is a petty offense.
For transfers of a firearm, stun gun, or | ||||||
10 | taser made on or after January 1, 2019 ( the effective date of | ||||||
11 | Public Act 100--1178) and before the provisions of subsection | ||||||
12 | (a-5) become operative this amendatory Act of the 100th | ||||||
13 | General Assembly , failure by the private seller to maintain | ||||||
14 | the transfer records in accordance with this Section is a | ||||||
15 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
16 | for a second or subsequent offense. A transferee shall not be | ||||||
17 | criminally liable under this subsection (b-1) Section provided | ||||||
18 | that he or she provides the Department of State Police with the | ||||||
19 | transfer records in accordance with procedures established by | ||||||
20 | the Department. The Department shall establish, by rule, a | ||||||
21 | standard form on its website. | ||||||
22 | (b-5) (Blank). Any resident may purchase ammunition from a | ||||||
23 | person within or outside of Illinois if shipment is by United | ||||||
24 | States mail or by a private express carrier authorized by | ||||||
25 | federal law to ship ammunition. Any resident purchasing | ||||||
26 | ammunition within or outside the State of Illinois must |
| |||||||
| |||||||
1 | provide the seller with a copy of his or her valid Firearm | ||||||
2 | Owner's Identification Card or valid concealed carry license | ||||||
3 | and either his or her Illinois driver's license or Illinois | ||||||
4 | State Identification Card prior to the shipment of the | ||||||
5 | ammunition. The ammunition may be shipped only to an address | ||||||
6 | on either of those 2 documents. | ||||||
7 | (c) The provisions of this Section regarding the transfer | ||||||
8 | of firearm
ammunition shall not apply to those persons | ||||||
9 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
10 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
11 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||||||
12 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
13 | firearm
owner's identification card pursuant to this Act and | ||||||
14 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
15 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
16 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
17 | Wisconsin or Kentucky.
| ||||||
18 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
19 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
20 | license, who
is 18 years of age or older and who is not | ||||||
21 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
22 | or the United States from obtaining,
possessing or using a | ||||||
23 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
24 | for a rifle or shotgun in Illinois.
| ||||||
25 | (b-5) Any non-resident who is participating in a |
| |||||||
| |||||||
1 | sanctioned competitive
shooting
event, who is 18 years of age | ||||||
2 | or older and who is not prohibited by the laws of
Illinois,
the | ||||||
3 | state of his or her domicile, or the United States from | ||||||
4 | obtaining,
possessing, or using
a firearm, may purchase or | ||||||
5 | obtain a shotgun or shotgun ammunition in Illinois
for the
| ||||||
6 | purpose of participating in that event. A person may purchase | ||||||
7 | or obtain a
shotgun or
shotgun ammunition under this | ||||||
8 | subsection only at the site where the sanctioned
competitive | ||||||
9 | shooting event is being held.
| ||||||
10 | (b-10) Any non-resident registered competitor or attendee | ||||||
11 | of a competitive shooting
event held at the World Shooting | ||||||
12 | Complex sanctioned by a national governing
body, who is not | ||||||
13 | prohibited by the laws of Illinois, the state of his or her
| ||||||
14 | domicile, or the United States from obtaining, possessing, or | ||||||
15 | using a firearm
may purchase or obtain a rifle, shotgun, or | ||||||
16 | other long gun or ammunition for
a rifle, shotgun, or other | ||||||
17 | long gun at the competitive shooting event. The
sanctioning | ||||||
18 | body shall provide a list of registered competitors and | ||||||
19 | attendees as required
under subparagraph (5) of paragraph (g) | ||||||
20 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
21 | A competitor or attendee of a competitive shooting event who | ||||||
22 | does not wish to
purchase a firearm at the event is not | ||||||
23 | required to register or have his or her name
appear on a list | ||||||
24 | of registered competitors and attendees provided to the | ||||||
25 | Department of State
Police by the sanctioning body. | ||||||
26 | (c) Any transaction under this Section is subject to the |
| |||||||
| |||||||
1 | provisions of
Section 3 and the Gun Control Act of 1968 (18 | ||||||
2 | U.S.C. 922 (b)(3)).
| ||||||
3 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
4 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
5 | Sec. 3.1. Firearm transfer inquiry program Dial up system . | ||||||
6 | (a) The Department of State Police shall provide
a dial up | ||||||
7 | telephone system or utilize other existing technology which | ||||||
8 | shall be used by any federally licensed
firearm dealer , gun | ||||||
9 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
10 | stun gun, or taser under the provisions of this
Act. The | ||||||
11 | Department of State Police may utilize existing technology | ||||||
12 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
13 | Fees collected by the Department of
State Police shall be | ||||||
14 | deposited in the State Police Services Fund and used
to | ||||||
15 | provide the service.
| ||||||
16 | (b) Upon receiving a request from a federally licensed | ||||||
17 | firearm dealer, gun show promoter, or gun show vendor , the
| ||||||
18 | Department of State Police shall immediately approve, or | ||||||
19 | within the time
period established by Section 24-3 of the | ||||||
20 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
21 | guns, and tasers notify the inquiring dealer, gun show | ||||||
22 | promoter, or gun show vendor of any objection that
would | ||||||
23 | disqualify the transferee from acquiring or possessing a | ||||||
24 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
25 | Department of State Police shall initiate and
complete an |
| |||||||
| |||||||
1 | automated search of its criminal history record information
| ||||||
2 | files and those of the Federal Bureau of Investigation, | ||||||
3 | including the
National Instant Criminal Background Check | ||||||
4 | System, and of the files of
the Department of Human Services | ||||||
5 | relating to mental health and
developmental disabilities to | ||||||
6 | obtain
any prohibiting information felony conviction or | ||||||
7 | patient hospitalization information which would
disqualify a | ||||||
8 | person from obtaining or require revocation of a currently
| ||||||
9 | valid Firearm Owner's Identification Card. | ||||||
10 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
11 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
12 | Department of State Police shall: | ||||||
13 | (1) assign a unique identification number to the | ||||||
14 | transfer; and | ||||||
15 | (2) provide the licensee, gun show promoter, or gun | ||||||
16 | show vendor with the number. | ||||||
17 | (d) Approvals issued by the Department of State Police for | ||||||
18 | the purchase of a firearm are valid for 30 days from the date | ||||||
19 | of issue.
| ||||||
20 | (e) (1) The Department of State Police must act as the | ||||||
21 | Illinois Point of Contact
for the National Instant Criminal | ||||||
22 | Background Check System. | ||||||
23 | (2) The Department of State Police and the Department of | ||||||
24 | Human Services shall, in accordance with State and federal law | ||||||
25 | regarding confidentiality, enter into a memorandum of | ||||||
26 | understanding with the Federal Bureau of Investigation for the |
| |||||||
| |||||||
1 | purpose of implementing the National Instant Criminal | ||||||
2 | Background Check System in the State. The Department of State | ||||||
3 | Police shall report the name, date of birth, and physical | ||||||
4 | description of any person prohibited from possessing a firearm | ||||||
5 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
6 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
7 | Background Check System Index, Denied Persons Files.
| ||||||
8 | (3) The Department of State Police shall provide notice of | ||||||
9 | the disqualification of a person under subsection (b) of this | ||||||
10 | Section or the revocation of a person's Firearm Owner's | ||||||
11 | Identification Card under Section 8 or Section 8.2 of this | ||||||
12 | Act, and the reason for the disqualification or revocation, to | ||||||
13 | all law enforcement agencies with jurisdiction to assist with | ||||||
14 | the seizure of the person's Firearm Owner's Identification | ||||||
15 | Card. | ||||||
16 | (f) The Department of State Police shall adopt rules not | ||||||
17 | inconsistent with this Section to implement this
system.
| ||||||
18 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||||||
19 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
20 | Sec. 4. Application for Firearm Owner's Identification | ||||||
21 | Cards. | ||||||
22 | (a) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card must:
| ||||||
24 | (1) Make application on blank forms prepared and | ||||||
25 | furnished at convenient
locations throughout the State by |
| |||||||
| |||||||
1 | the Department of State Police, or by
electronic means, if | ||||||
2 | and when made available by the Department of State
Police; | ||||||
3 | and
| ||||||
4 | (2) Submit evidence to the Department of State Police | ||||||
5 | that:
| ||||||
6 | (i) This subparagraph (i) applies through the | ||||||
7 | 180th day following the effective date of this | ||||||
8 | amendatory Act of the 101st General Assembly. He or | ||||||
9 | she is 21 years of age or over, or if he or she is | ||||||
10 | under 21
years of age that he or she has the written | ||||||
11 | consent of his or her parent or
legal guardian to | ||||||
12 | possess and acquire firearms and firearm ammunition | ||||||
13 | and that
he or she has never been convicted of a | ||||||
14 | misdemeanor other than a traffic
offense or adjudged
| ||||||
15 | delinquent, provided, however, that such parent or | ||||||
16 | legal guardian is not an
individual prohibited from | ||||||
17 | having a Firearm Owner's Identification Card and
files | ||||||
18 | an affidavit with the Department as prescribed by the | ||||||
19 | Department
stating that he or she is not an individual | ||||||
20 | prohibited from having a Card; | ||||||
21 | (i-5) This subparagraph (i-5) applies on and after | ||||||
22 | the 181st day following the effective date of this | ||||||
23 | amendatory Act of the 101st General Assembly. He or | ||||||
24 | she is 21 years of age or over, or if he or she is | ||||||
25 | under 21
years of age that he or she has never been | ||||||
26 | convicted of a misdemeanor other than a traffic |
| |||||||
| |||||||
1 | offense or adjudged delinquent and is an active duty | ||||||
2 | member of the United States Armed Forces or has the | ||||||
3 | written consent of his or her parent or
legal guardian | ||||||
4 | to possess and acquire firearms and firearm | ||||||
5 | ammunition, provided, however, that such parent or | ||||||
6 | legal guardian is not an
individual prohibited from | ||||||
7 | having a Firearm Owner's Identification Card and
files | ||||||
8 | an affidavit with the Department as prescribed by the | ||||||
9 | Department
stating that he or she is not an individual | ||||||
10 | prohibited from having a Card or the active duty | ||||||
11 | member of the United States Armed Forces under 21 | ||||||
12 | years of age annually submits proof to the Department | ||||||
13 | of State Police, in a manner prescribed by the | ||||||
14 | Department;
| ||||||
15 | (ii) He or she has not been convicted of a felony | ||||||
16 | under the laws of
this or any other jurisdiction;
| ||||||
17 | (iii) He or she is not addicted to narcotics;
| ||||||
18 | (iv) He or she has not been a patient in a mental | ||||||
19 | health facility within
the past 5 years or, if he or | ||||||
20 | she has been a patient in a mental health facility more | ||||||
21 | than 5 years ago submit the certification required | ||||||
22 | under subsection (u) of Section 8 of this Act;
| ||||||
23 | (v) He or she is not a person with an intellectual | ||||||
24 | disability;
| ||||||
25 | (vi) He or she is not an alien who is unlawfully | ||||||
26 | present in the
United States under the laws of the |
| |||||||
| |||||||
1 | United States;
| ||||||
2 | (vii) He or she is not subject to an existing order | ||||||
3 | of protection
prohibiting him or her from possessing a | ||||||
4 | firearm;
| ||||||
5 | (viii) He or she has not been convicted within the | ||||||
6 | past 5 years of
battery, assault, aggravated assault, | ||||||
7 | violation of an order of
protection, or a | ||||||
8 | substantially similar offense in another jurisdiction, | ||||||
9 | in
which a firearm was used or possessed;
| ||||||
10 | (ix) He or she has not been convicted of domestic | ||||||
11 | battery, aggravated domestic battery, or a
| ||||||
12 | substantially similar offense in another
jurisdiction | ||||||
13 | committed before, on or after January 1, 2012 (the | ||||||
14 | effective date of Public Act 97-158). If the applicant | ||||||
15 | knowingly and intelligently waives the right to have | ||||||
16 | an offense described in this clause (ix) tried by a | ||||||
17 | jury, and by guilty plea or otherwise, results in a | ||||||
18 | conviction for an offense in which a domestic | ||||||
19 | relationship is not a required element of the offense | ||||||
20 | but in which a determination of the applicability of | ||||||
21 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
22 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
23 | court of a judgment of conviction for that offense | ||||||
24 | shall be grounds for denying the issuance of a Firearm | ||||||
25 | Owner's Identification Card under this Section;
| ||||||
26 | (x) (Blank);
|
| |||||||
| |||||||
1 | (xi) He or she is not an alien who has been | ||||||
2 | admitted to the United
States under a non-immigrant | ||||||
3 | visa (as that term is defined in Section
101(a)(26) of | ||||||
4 | the Immigration and Nationality Act (8 U.S.C. | ||||||
5 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
6 | been lawfully admitted to the United
States under a | ||||||
7 | non-immigrant visa if that alien is:
| ||||||
8 | (1) admitted to the United States for lawful | ||||||
9 | hunting or sporting
purposes;
| ||||||
10 | (2) an official representative of a foreign | ||||||
11 | government who is:
| ||||||
12 | (A) accredited to the United States | ||||||
13 | Government or the Government's
mission to an | ||||||
14 | international organization having its | ||||||
15 | headquarters in the United
States; or
| ||||||
16 | (B) en route to or from another country to | ||||||
17 | which that alien is
accredited;
| ||||||
18 | (3) an official of a foreign government or | ||||||
19 | distinguished foreign
visitor who has been so | ||||||
20 | designated by the Department of State;
| ||||||
21 | (4) a foreign law enforcement officer of a | ||||||
22 | friendly foreign
government entering the United | ||||||
23 | States on official business; or
| ||||||
24 | (5) one who has received a waiver from the | ||||||
25 | Attorney General of the
United States pursuant to | ||||||
26 | 18 U.S.C. 922(y)(3);
|
| |||||||
| |||||||
1 | (xii) He or she is not a minor subject to a | ||||||
2 | petition filed
under Section 5-520 of the Juvenile | ||||||
3 | Court Act of 1987 alleging that the
minor is a | ||||||
4 | delinquent minor for the commission of an offense that | ||||||
5 | if
committed by an adult would be a felony;
| ||||||
6 | (xiii) He or she is not an adult who had been | ||||||
7 | adjudicated a delinquent
minor under the Juvenile | ||||||
8 | Court Act of 1987 for the commission of an offense
that | ||||||
9 | if committed by an adult would be a felony;
| ||||||
10 | (xiv) He or she is a resident of the State of | ||||||
11 | Illinois; | ||||||
12 | (xv) He or she has not been adjudicated as a person | ||||||
13 | with a mental disability; | ||||||
14 | (xvi) He or she has not been involuntarily | ||||||
15 | admitted into a mental health facility; and | ||||||
16 | (xvii) He or she is not a person with a | ||||||
17 | developmental disability; and | ||||||
18 | (3) Upon request by the Department of State Police, | ||||||
19 | sign a release on a
form prescribed by the Department of | ||||||
20 | State Police waiving any right to
confidentiality and | ||||||
21 | requesting the disclosure to the Department of State | ||||||
22 | Police
of limited mental health institution admission | ||||||
23 | information from another state,
the District of Columbia, | ||||||
24 | any other territory of the United States, or a
foreign | ||||||
25 | nation concerning the applicant for the sole purpose of | ||||||
26 | determining
whether the applicant is or was a patient in a |
| |||||||
| |||||||
1 | mental health institution and
disqualified because of that | ||||||
2 | status from receiving a Firearm Owner's
Identification | ||||||
3 | Card. No mental health care or treatment records may be
| ||||||
4 | requested. The information received shall be destroyed | ||||||
5 | within one year of
receipt.
| ||||||
6 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
7 | Card who is over
the age of 18 shall furnish to the Department | ||||||
8 | of State Police either his or
her Illinois driver's license | ||||||
9 | number or Illinois Identification Card number, except as
| ||||||
10 | provided in subsection (a-10).
| ||||||
11 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
12 | Card,
who is employed as a law enforcement officer, an armed | ||||||
13 | security officer in Illinois, or by the United States Military
| ||||||
14 | permanently assigned in Illinois and who is not an Illinois | ||||||
15 | resident, shall furnish to
the Department of State Police his | ||||||
16 | or her driver's license number or state
identification card | ||||||
17 | number from his or her state of residence. The Department
of | ||||||
18 | State Police may adopt rules to enforce the provisions of this
| ||||||
19 | subsection (a-10).
| ||||||
20 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
21 | Identification Card moves from the residence address named in | ||||||
22 | the application, he or she shall immediately notify in a form | ||||||
23 | and manner prescribed by the Department of State Police of | ||||||
24 | that change of address. | ||||||
25 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
26 | Card shall furnish to the Department of State Police his or her |
| |||||||
| |||||||
1 | photograph. An applicant who is 21 years of age or older | ||||||
2 | seeking a religious exemption to the photograph requirement | ||||||
3 | must furnish with the application an approved copy of United | ||||||
4 | States Department of the Treasury Internal Revenue Service | ||||||
5 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
6 | age seeking a religious exemption to the photograph | ||||||
7 | requirement shall submit fingerprints on a form and manner | ||||||
8 | prescribed by the Department with his or her application. | ||||||
9 | (a-25) Beginning 180 days after the effective date of this | ||||||
10 | amendatory Act of the 102nd General Assembly, each applicant | ||||||
11 | for the issuance or renewal of a Firearm Owner's | ||||||
12 | Identification Card shall include a full set of his or her | ||||||
13 | fingerprints in electronic format to the Illinois State | ||||||
14 | Police, unless the applicant has previously provided a full | ||||||
15 | set of his or her fingerprints to the Illinois State Police | ||||||
16 | under this Act or the Firearm Concealed Carry Act. | ||||||
17 | (1) The fingerprints must be transmitted through a | ||||||
18 | live scan fingerprint vendor licensed by the Department of | ||||||
19 | Financial and Professional Regulation. These fingerprints | ||||||
20 | shall be checked against the fingerprint records now and | ||||||
21 | hereafter filed in the Illinois State Police and Federal | ||||||
22 | Bureau of Investigation criminal history records | ||||||
23 | databases, including all available state and local | ||||||
24 | criminal history record information files. A live scan | ||||||
25 | fingerprint vendor may not charge more than $30 per set of | ||||||
26 | fingerprints reviewed under this Section. |
| |||||||
| |||||||
1 | (2) The Illinois State Police shall charge applicants | ||||||
2 | a one-time fee for conducting the criminal history record | ||||||
3 | check, which shall be deposited in the State Police | ||||||
4 | Services Fund and shall not exceed the actual cost of the | ||||||
5 | State and national criminal history record check. | ||||||
6 | (a-30) The Illinois State Police shall deny the | ||||||
7 | application of any person who fails to submit evidence | ||||||
8 | required by this Section. | ||||||
9 | (b) Each application form shall include the following | ||||||
10 | statement printed in
bold type: "Warning: Entering false | ||||||
11 | information on an application for a Firearm
Owner's | ||||||
12 | Identification Card is punishable as a Class 2 felony in | ||||||
13 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
14 | Owners Identification Card
Act.".
| ||||||
15 | (c) Upon such written consent, pursuant to Section 4, | ||||||
16 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
17 | consent shall be liable for any
damages resulting from the | ||||||
18 | applicant's use of firearms or firearm ammunition.
| ||||||
19 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
20 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
21 | Sec. 5. Application and renewal. | ||||||
22 | (a) The Department of State Police shall either approve or
| ||||||
23 | deny all complete applications within 30 business days from | ||||||
24 | the date they are received,
except as provided in subsection | ||||||
25 | (b) of this Section, and every applicant found qualified under |
| |||||||
| |||||||
1 | Section 8 of this Act by
the Department shall be entitled to a | ||||||
2 | Firearm Owner's Identification
Card upon the payment of a $20 | ||||||
3 | $10 fee , and applicable processing fees . Any applicant who is | ||||||
4 | an active duty member of the Armed Forces of the United States, | ||||||
5 | a member of the Illinois National Guard, or a member of the | ||||||
6 | Reserve Forces of the United States is exempt from the | ||||||
7 | application fee. $15 of each fee derived from the issuance of | ||||||
8 | Firearm Owner's Identification Cards, or renewals thereof, | ||||||
9 | shall be deposited in the State Police Firearm Services Fund; | ||||||
10 | and $5 of the fee shall be deposited in the State Police | ||||||
11 | Revocation Enforcement Fund $6 of each fee derived from the
| ||||||
12 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
13 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
14 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
15 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
16 | in the
State Police Firearm Services Fund . | ||||||
17 | (b) Complete renewal Renewal applications shall be | ||||||
18 | approved or denied within 60 business days, provided the | ||||||
19 | applicant submitted his or her renewal application prior to | ||||||
20 | the expiration of his or her Firearm Owner's Identification | ||||||
21 | Card. If a renewal application has been submitted prior to the | ||||||
22 | expiration date of the applicant's Firearm Owner's | ||||||
23 | Identification Card, the Firearm Owner's Identification Card | ||||||
24 | shall remain valid while the Department processes the | ||||||
25 | application, unless the person is subject to or becomes | ||||||
26 | subject to revocation under this Act. The cost for a renewal |
| |||||||
| |||||||
1 | application shall be $20 and applicable processing fees, of | ||||||
2 | $10 which $15 shall be deposited into the State Police Firearm | ||||||
3 | Services Fund ; and $5 shall be deposited into the State Police | ||||||
4 | Revocation Enforcement Fund .
| ||||||
5 | (c) In this Section, "complete application" and "complete | ||||||
6 | renewal application" means the applicant has submitted the | ||||||
7 | evidence required by Section 4. | ||||||
8 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
9 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
10 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
11 | (a) Except as provided in Section 8 of this Act or | ||||||
12 | subsection (b) of this Section, a Firearm Owner's
| ||||||
13 | Identification Card issued under the provisions of this Act | ||||||
14 | shall be valid
for the person to whom it is issued for a period | ||||||
15 | of 5 10 years from the date
of issuance. Any person whose card | ||||||
16 | was previously issued for a period of 10 years shall retain the | ||||||
17 | 10-year issuance period until the next date of renewal, at | ||||||
18 | which point the card shall be renewed for 5 years. | ||||||
19 | (b) If a renewal application is submitted to the | ||||||
20 | Department before the expiration date of the applicant's | ||||||
21 | current Firearm Owner's Identification Card, the Firearm | ||||||
22 | Owner's Identification Card shall remain valid for a period of | ||||||
23 | 60 business days, unless the person is subject to or becomes | ||||||
24 | subject to revocation under this Act.
| ||||||
25 | (Source: P.A. 100-906, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | (430 ILCS 65/7.5 new) | ||||||
2 | Sec. 7.5. Email notifications. A person subject to this | ||||||
3 | Act may notify the Illinois State Police upon application or | ||||||
4 | at any time thereafter that he or she would like to receive | ||||||
5 | correspondence from the Illinois State Police via email rather | ||||||
6 | than by mail.
| ||||||
7 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
8 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
9 | of State Police has authority to deny an
application for or to | ||||||
10 | revoke and seize a Firearm Owner's Identification
Card | ||||||
11 | previously issued under this Act only if the Department finds | ||||||
12 | that the
applicant or the person to whom such card was issued | ||||||
13 | is or was at the time
of issuance:
| ||||||
14 | (a) A person under 21 years of age who has been | ||||||
15 | convicted of a
misdemeanor other than a traffic offense or | ||||||
16 | adjudged delinquent;
| ||||||
17 | (b) This subsection (b) applies through the 180th day | ||||||
18 | following the effective date of this amendatory Act of the | ||||||
19 | 101st General Assembly. A person under 21 years of age who | ||||||
20 | does not have the written consent
of his parent or | ||||||
21 | guardian to acquire and possess firearms and firearm
| ||||||
22 | ammunition, or whose parent or guardian has revoked such | ||||||
23 | written consent,
or where such parent or guardian does not | ||||||
24 | qualify to have a Firearm Owner's
Identification Card; |
| |||||||
| |||||||
1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following the effective date of this amendatory | ||||||
3 | Act of the 101st General Assembly. A person under 21 years | ||||||
4 | of age who is not an active duty member of the United | ||||||
5 | States Armed Forces and does not have the written consent
| ||||||
6 | of his or her parent or guardian to acquire and possess | ||||||
7 | firearms and firearm
ammunition, or whose parent or | ||||||
8 | guardian has revoked such written consent,
or where such | ||||||
9 | parent or guardian does not qualify to have a Firearm | ||||||
10 | Owner's
Identification Card;
| ||||||
11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other
jurisdiction;
| ||||||
13 | (d) A person addicted to narcotics;
| ||||||
14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the
past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government who is denied, | ||||||
20 | revoked, or has his or her Firearm Owner's Identification | ||||||
21 | Card seized under this subsection (e) may obtain relief as | ||||||
22 | described in subsection (c-5) of Section 10 of this Act if | ||||||
23 | the officer did not act in a manner threatening to the | ||||||
24 | officer, another person, or the public as determined by | ||||||
25 | the treating clinical psychologist or physician, and the | ||||||
26 | officer seeks mental health treatment;
|
| |||||||
| |||||||
1 | (f) A person whose mental condition is of such a | ||||||
2 | nature that it poses
a clear and present danger to the | ||||||
3 | applicant, any other person or persons or
the community;
| ||||||
4 | (g) A person who has an intellectual disability;
| ||||||
5 | (h) A person who intentionally makes a false statement | ||||||
6 | in the Firearm
Owner's Identification Card application;
| ||||||
7 | (i) An alien who is unlawfully present in
the United | ||||||
8 | States under the laws of the United States;
| ||||||
9 | (i-5) An alien who has been admitted to the United | ||||||
10 | States under a
non-immigrant visa (as that term is defined | ||||||
11 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
12 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
13 | (i-5) does not apply to any alien who has been lawfully | ||||||
14 | admitted to
the United States under a non-immigrant visa | ||||||
15 | if that alien is:
| ||||||
16 | (1) admitted to the United States for lawful | ||||||
17 | hunting or sporting purposes;
| ||||||
18 | (2) an official representative of a foreign | ||||||
19 | government who is:
| ||||||
20 | (A) accredited to the United States Government | ||||||
21 | or the Government's
mission to an international | ||||||
22 | organization having its headquarters in the United
| ||||||
23 | States; or
| ||||||
24 | (B) en route to or from another country to | ||||||
25 | which that alien is
accredited;
| ||||||
26 | (3) an official of a foreign government or |
| |||||||
| |||||||
1 | distinguished foreign visitor
who has been so | ||||||
2 | designated by the Department of State;
| ||||||
3 | (4) a foreign law enforcement officer of a | ||||||
4 | friendly foreign government
entering the United States | ||||||
5 | on official business; or
| ||||||
6 | (5) one who has received a waiver from the | ||||||
7 | Attorney General of the United
States pursuant to 18 | ||||||
8 | U.S.C. 922(y)(3);
| ||||||
9 | (j) (Blank);
| ||||||
10 | (k) A person who has been convicted within the past 5 | ||||||
11 | years of battery,
assault, aggravated assault, violation | ||||||
12 | of an order of protection, or a
substantially similar | ||||||
13 | offense in another jurisdiction, in which a firearm was
| ||||||
14 | used or possessed;
| ||||||
15 | (l) A person who has been convicted of domestic | ||||||
16 | battery, aggravated domestic battery, or a substantially
| ||||||
17 | similar offense in another jurisdiction committed before, | ||||||
18 | on or after January 1, 2012 (the effective date of Public | ||||||
19 | Act 97-158). If the applicant or person who has been | ||||||
20 | previously issued a Firearm Owner's Identification Card | ||||||
21 | under this Act knowingly and intelligently waives the | ||||||
22 | right to have an offense described in this paragraph (l) | ||||||
23 | tried by a jury, and by guilty plea or otherwise, results | ||||||
24 | in a conviction for an offense in which a domestic | ||||||
25 | relationship is not a required element of the offense but | ||||||
26 | in which a determination of the applicability of 18 U.S.C. |
| |||||||
| |||||||
1 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
2 | Criminal Procedure of 1963, an entry by the court of a | ||||||
3 | judgment of conviction for that offense shall be grounds | ||||||
4 | for denying an application for and for revoking and | ||||||
5 | seizing a Firearm Owner's Identification Card previously | ||||||
6 | issued to the person under this Act;
| ||||||
7 | (m) (Blank);
| ||||||
8 | (n) A person who is prohibited from acquiring or | ||||||
9 | possessing
firearms or firearm ammunition by any Illinois | ||||||
10 | State statute or by federal
law;
| ||||||
11 | (o) A minor subject to a petition filed under Section | ||||||
12 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
13 | minor is a delinquent minor for
the commission of an | ||||||
14 | offense that if committed by an adult would be a felony;
| ||||||
15 | (p) An adult who had been adjudicated a delinquent | ||||||
16 | minor under the Juvenile
Court Act of 1987 for the | ||||||
17 | commission of an offense that if committed by an
adult | ||||||
18 | would be a felony;
| ||||||
19 | (q) A person who is not a resident of the State of | ||||||
20 | Illinois, except as provided in subsection (a-10) of | ||||||
21 | Section 4; | ||||||
22 | (r) A person who has been adjudicated as a person with | ||||||
23 | a mental disability; | ||||||
24 | (s) A person who has been found to have a | ||||||
25 | developmental disability; | ||||||
26 | (t) A person involuntarily admitted into a mental |
| |||||||
| |||||||
1 | health facility; or | ||||||
2 | (u) A person who has had his or her Firearm Owner's | ||||||
3 | Identification Card revoked or denied under subsection (e) | ||||||
4 | of this Section or item (iv) of paragraph (2) of | ||||||
5 | subsection (a) of Section 4 of this Act because he or she | ||||||
6 | was a patient in a mental health facility as provided in | ||||||
7 | subsection (e) of this Section, shall not be permitted to | ||||||
8 | obtain a Firearm Owner's Identification Card, after the | ||||||
9 | 5-year period has lapsed, unless he or she has received a | ||||||
10 | mental health evaluation by a physician, clinical | ||||||
11 | psychologist, or qualified examiner as those terms are | ||||||
12 | defined in the Mental Health and Developmental | ||||||
13 | Disabilities Code, and has received a certification that | ||||||
14 | he or she is not a clear and present danger to himself, | ||||||
15 | herself, or others. The physician, clinical psychologist, | ||||||
16 | or qualified examiner making the certification and his or | ||||||
17 | her employer shall not be held criminally, civilly, or | ||||||
18 | professionally liable for making or not making the | ||||||
19 | certification required under this subsection, except for | ||||||
20 | willful or wanton misconduct. This subsection does not | ||||||
21 | apply to a person whose firearm possession rights have | ||||||
22 | been restored through administrative or judicial action | ||||||
23 | under Section 10 or 11 of this Act ; or . | ||||||
24 | (v) A person who has failed to submit the evidence | ||||||
25 | required by Section 4. | ||||||
26 | Upon revocation of a person's Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card, the Department of State Police shall | ||||||
2 | provide notice to the person within 7 business days and the | ||||||
3 | person shall comply with Section 9.5 of this Act. | ||||||
4 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
5 | (430 ILCS 65/8.4 new) | ||||||
6 | Sec. 8.4. Cancellation of Firearm Owner's Identification | ||||||
7 | Card. The Illinois State Police may cancel a Firearm Owner's | ||||||
8 | Identification Card if a person is not prohibited by State or | ||||||
9 | federal law from acquiring or possessing a firearm or firearm | ||||||
10 | ammunition and the sole purpose is for an administrative | ||||||
11 | reason. This includes, but is not limited to, at the request of | ||||||
12 | the Firearm Owner's Identification Card holder, a person who | ||||||
13 | surrenders his or her Illinois driver's license or Illinois | ||||||
14 | Identification Card to another jurisdiction, or a person's | ||||||
15 | Firearm Owner's Identification Card is reported as lost, | ||||||
16 | stolen, or destroyed. The Illinois State Police may adopt | ||||||
17 | rules necessary to implement this Section. | ||||||
18 | (430 ILCS 65/9.5) | ||||||
19 | Sec. 9.5. Revocation or suspension of Firearm Owner's | ||||||
20 | Identification
Card. | ||||||
21 | (a) A person who receives a revocation or suspension | ||||||
22 | notice under Section 9 of this Act shall, within 48 hours of | ||||||
23 | receiving notice of the revocation or suspension : | ||||||
24 | (1) surrender his or her Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card to the local law enforcement agency | ||||||
2 | where the person resides. The local law enforcement agency | ||||||
3 | shall provide the person a receipt and transmit the | ||||||
4 | Firearm Owner's Identification Card to the Department of | ||||||
5 | State Police; and | ||||||
6 | (2) complete a Firearm Disposition Record on a form | ||||||
7 | prescribed by the Department of State Police and place his | ||||||
8 | or her firearms in the location or with the person | ||||||
9 | reported in the Firearm Disposition Record. The form shall | ||||||
10 | require the person to disclose: | ||||||
11 | (A) the make, model, and serial number of each | ||||||
12 | firearm owned by or under the custody and control of | ||||||
13 | the revoked or suspended person; | ||||||
14 | (B) the location where each firearm will be | ||||||
15 | maintained during the prohibited term; and | ||||||
16 | (C) if any firearm will be transferred to the | ||||||
17 | custody of another person, the name, address and | ||||||
18 | Firearm Owner's Identification Card number of the | ||||||
19 | transferee. | ||||||
20 | (a-5) The Firearm Disposition Record shall contain a | ||||||
21 | statement to be signed by the transferee that the transferee: | ||||||
22 | (1) is aware of, and will abide by, current law | ||||||
23 | regarding the unlawful transfer of a firearm; | ||||||
24 | (2) is aware of the penalties for violating the law as | ||||||
25 | it pertains to unlawful transfer of a firearm; and | ||||||
26 | (3) intends to retain possession of the firearm or |
| |||||||
| |||||||
1 | firearms until it is determined that the transferor is | ||||||
2 | legally eligible to possess a firearm and has an active | ||||||
3 | Firearm Owner's Identification Card, if applicable, or | ||||||
4 | until a new person is chosen to hold the firearm or | ||||||
5 | firearms. | ||||||
6 | (b) The local law enforcement agency shall provide a copy | ||||||
7 | of the Firearm Disposition Record to the person whose Firearm | ||||||
8 | Owner's Identification Card has been revoked or suspended, the | ||||||
9 | transferee, and to the Department of State Police. | ||||||
10 | (c) The Illinois State Police shall conduct enforcement | ||||||
11 | operations against persons whose Firearm Owner's | ||||||
12 | Identification Cards have been revoked or suspended and | ||||||
13 | persons who fail to comply with the requirements of this | ||||||
14 | Section, prioritizing individuals presenting a clear and | ||||||
15 | present danger to themselves or to others under paragraph (2) | ||||||
16 | of subsection (d) of Section 8.1. If the person whose Firearm | ||||||
17 | Owner's Identification Card has been revoked or suspended | ||||||
18 | fails to comply with the requirements of this Section, the | ||||||
19 | sheriff or law enforcement agency where the person resides may | ||||||
20 | petition the circuit court to issue a warrant to search for and | ||||||
21 | seize the Firearm Owner's Identification Card and firearms in | ||||||
22 | the possession or under the custody or control of the person | ||||||
23 | whose Firearm Owner's Identification Card has been revoked or | ||||||
24 | suspended . | ||||||
25 | (d) A violation of subsection (a) of this Section is a | ||||||
26 | Class A misdemeanor. |
| |||||||
| |||||||
1 | (e) The observation of a Firearm Owner's Identification | ||||||
2 | Card in the possession of a person whose Firearm Owner's | ||||||
3 | Identification Card has been revoked or suspended constitutes | ||||||
4 | a sufficient basis for the arrest of that person for violation | ||||||
5 | of this Section. | ||||||
6 | (f) Within 30 days after the effective date of this | ||||||
7 | amendatory Act of the 98th General Assembly, the Department of | ||||||
8 | State Police shall provide written notice of the requirements | ||||||
9 | of this Section to persons whose Firearm Owner's | ||||||
10 | Identification Cards have been revoked, suspended, or expired | ||||||
11 | and who have failed to surrender their cards to the | ||||||
12 | Department. | ||||||
13 | (g) A person whose Firearm Owner's Identification Card has | ||||||
14 | been revoked or suspended and who received notice under | ||||||
15 | subsection (f) shall comply with the requirements of this | ||||||
16 | Section within 48 hours of receiving notice.
| ||||||
17 | (h) Nothing in this Section prevents a court from from | ||||||
18 | ordering an individual to surrender his or her Firearm Owner's | ||||||
19 | Identification Card and any firearms to a law enforcement | ||||||
20 | agency of the court's choosing, in a timeframe shorter than 48 | ||||||
21 | hours after receipt of the notice of revocation or suspension. | ||||||
22 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
23 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
24 | Sec. 14. Sentence.
| ||||||
25 | (a) Except as provided in subsection (a-5), a violation of |
| |||||||
| |||||||
1 | paragraph (1) of subsection (a) of Section 2, when the
| ||||||
2 | person's Firearm Owner's
Identification Card is expired but | ||||||
3 | the person is not otherwise disqualified
from renewing the | ||||||
4 | card, is a Class A misdemeanor.
| ||||||
5 | (a-5) A violation of paragraph (1) of subsection (a) of | ||||||
6 | Section 2, when the
person's Firearm Owner's
Identification | ||||||
7 | Card is expired but the person is not otherwise disqualified
| ||||||
8 | from owning, purchasing, or possessing firearms, is a petty | ||||||
9 | offense if the card was expired for 6 months or less from the | ||||||
10 | date of expiration. | ||||||
11 | (b) Except as provided in subsection (a) with respect to | ||||||
12 | an expired
card, a violation of paragraph (1) of subsection | ||||||
13 | (a) of Section 2 is a
Class A misdemeanor when the person does | ||||||
14 | not possess a currently valid Firearm
Owner's Identification | ||||||
15 | Card, but is otherwise eligible under this Act. A
second or | ||||||
16 | subsequent violation is a Class 4 felony.
| ||||||
17 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
18 | Section 2 is a Class
3 felony when:
| ||||||
19 | (1) the person's Firearm Owner's Identification Card | ||||||
20 | is revoked or
subject to revocation under Section 8; or
| ||||||
21 | (2) the person's Firearm Owner's Identification Card | ||||||
22 | is expired and not
otherwise eligible for renewal under | ||||||
23 | this Act; or
| ||||||
24 | (3) the person does not possess a currently valid | ||||||
25 | Firearm Owner's
Identification Card, and the person is not | ||||||
26 | otherwise eligible under this
Act.
|
| |||||||
| |||||||
1 | (d) A violation of subsection (a) or (a-5) of Section 3 is | ||||||
2 | a Class 4 felony , except that a violation of item (G) of | ||||||
3 | subsection (a-5) of Section 3 is a Class A misdemeanor .
A third | ||||||
4 | or subsequent conviction is a Class 1 felony.
| ||||||
5 | (d-5) Any person who knowingly enters false information on | ||||||
6 | an application
for a Firearm Owner's Identification Card, who | ||||||
7 | knowingly gives a false answer
to any question on the | ||||||
8 | application, or who knowingly submits false evidence in
| ||||||
9 | connection with an application is guilty of a Class 2 felony.
| ||||||
10 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
11 | other
violation of this Act is a Class A misdemeanor.
| ||||||
12 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
13 | Section 25. The Firearm Concealed Carry Act is amended by | ||||||
14 | changing Sections 30 and 50 and by adding Section 13 as | ||||||
15 | follows: | ||||||
16 | (430 ILCS 66/13 new) | ||||||
17 | Sec. 13. Email notifications. A person subject to this Act | ||||||
18 | may notify the Illinois State Police upon application or at | ||||||
19 | any time thereafter that he or she would like to receive | ||||||
20 | correspondence from the Illinois State Police via email rather | ||||||
21 | than by mail. | ||||||
22 | (430 ILCS 66/30)
| ||||||
23 | Sec. 30. Contents of license application. |
| |||||||
| |||||||
1 | (a) The license application shall be in writing, under | ||||||
2 | penalty of perjury, on a standard form adopted by the | ||||||
3 | Department and shall be accompanied by the documentation | ||||||
4 | required in this Section and the applicable fee. Each | ||||||
5 | application form shall include the following statement printed | ||||||
6 | in bold type: "Warning: Entering false information on this | ||||||
7 | form is punishable as perjury under Section 32-2 of the | ||||||
8 | Criminal Code of 2012." | ||||||
9 | (b) The application shall contain the following: | ||||||
10 | (1) the applicant's name, current address, date and | ||||||
11 | year of birth, place of birth, height, weight, hair color, | ||||||
12 | eye color, maiden name or any other name the applicant has | ||||||
13 | used or identified with, and any address where the | ||||||
14 | applicant resided for more than 30 days within the 10 | ||||||
15 | years preceding the date of the license application; | ||||||
16 | (2) the applicant's valid driver's license number or | ||||||
17 | valid state identification card number; | ||||||
18 | (3) a waiver of the applicant's privacy and | ||||||
19 | confidentiality rights and privileges under all federal | ||||||
20 | and state laws, including those limiting access to | ||||||
21 | juvenile court, criminal justice, psychological, or | ||||||
22 | psychiatric records or records relating to any | ||||||
23 | institutionalization of the applicant, and an affirmative | ||||||
24 | request that a person having custody of any of these | ||||||
25 | records provide it or information concerning it to the | ||||||
26 | Department. The waiver only applies to records sought in |
| |||||||
| |||||||
1 | connection with determining whether the applicant | ||||||
2 | qualifies for a license to carry a concealed firearm under | ||||||
3 | this Act, or whether the applicant remains in compliance | ||||||
4 | with the Firearm Owners Identification Card Act; | ||||||
5 | (4) an affirmation that the applicant possesses a | ||||||
6 | currently valid Firearm Owner's Identification Card and | ||||||
7 | card number if possessed or notice the applicant is | ||||||
8 | applying for a Firearm Owner's Identification Card in | ||||||
9 | conjunction with the license application; | ||||||
10 | (5) an affirmation that the applicant has not been | ||||||
11 | convicted or found guilty of: | ||||||
12 | (A) a felony; | ||||||
13 | (B) a misdemeanor involving the use or threat of | ||||||
14 | physical force or violence to any person within the 5 | ||||||
15 | years preceding the date of the application; or | ||||||
16 | (C) 2 or more violations related to driving while | ||||||
17 | under the influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof, within the 5 years preceding the date of the | ||||||
20 | license application; and | ||||||
21 | (6) whether the applicant has failed a drug test for a | ||||||
22 | drug for which the applicant did not have a prescription, | ||||||
23 | within the previous year, and if so, the provider of the | ||||||
24 | test, the specific substance involved, and the date of the | ||||||
25 | test; | ||||||
26 | (7) written consent for the Department to review and |
| |||||||
| |||||||
1 | use the applicant's Illinois digital driver's license or | ||||||
2 | Illinois identification card photograph and signature; | ||||||
3 | (8) a full set of fingerprints submitted to the | ||||||
4 | Department in electronic format in a form and manner | ||||||
5 | prescribed by the Illinois State Police, unless the | ||||||
6 | applicant has previously provided a full set of his or her | ||||||
7 | fingerprints to the Illinois State Police under the | ||||||
8 | Firearm Owners Identification Card Act; , provided the | ||||||
9 | Department may accept an application submitted without a | ||||||
10 | set of fingerprints in which case the Department shall be | ||||||
11 | granted 30 days in addition to the 90 days provided under | ||||||
12 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
13 | license; | ||||||
14 | (9) a head and shoulder color photograph in a size | ||||||
15 | specified by the Department taken within the 30 days | ||||||
16 | preceding the date of the license application; and | ||||||
17 | (10) a photocopy of any certificates or other evidence | ||||||
18 | of compliance with the training requirements under this | ||||||
19 | Act.
| ||||||
20 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
21 | (430 ILCS 66/50)
| ||||||
22 | Sec. 50. License renewal. | ||||||
23 | (a) This subsection (a) applies through the 180th day | ||||||
24 | following the effective date of this amendatory Act of the | ||||||
25 | 101st General Assembly. Applications for renewal of a license |
| |||||||
| |||||||
1 | shall be made to the Department. A license shall be renewed for | ||||||
2 | a period of 5 years upon receipt of a completed renewal | ||||||
3 | application, completion of 3 hours of training required under | ||||||
4 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
5 | and completion of an investigation under Section 35 of this | ||||||
6 | Act. The renewal application shall contain the information | ||||||
7 | required in Section 30 of this Act, except that the applicant | ||||||
8 | need not resubmit a full set of fingerprints if the applicant | ||||||
9 | has previously provided a full set of his or her fingerprints | ||||||
10 | to the Illinois State Police under this Act or the Firearm | ||||||
11 | Owners Identification Card Act . | ||||||
12 | (b) This subsection (b) applies on and after the 181st day | ||||||
13 | following the effective date of this amendatory Act of the | ||||||
14 | 101st General Assembly. Applications for renewal of a license | ||||||
15 | shall be made to the Department. A license shall be renewed for | ||||||
16 | a period of 5 years from the date of expiration on the | ||||||
17 | applicant's current license upon the receipt of a completed | ||||||
18 | renewal application, completion of 3 hours of training | ||||||
19 | required under Section 75 of this Act, payment of the | ||||||
20 | applicable renewal fee, and completion of an investigation | ||||||
21 | under Section 35 of this Act. The renewal application shall | ||||||
22 | contain the information required in Section 30 of this Act, | ||||||
23 | except that the applicant need not resubmit a full set of | ||||||
24 | fingerprints.
| ||||||
25 | (Source: P.A. 101-80, eff. 7-12-19.)
|
| |||||||
| |||||||
1 | Section 30. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 24-3 as follows:
| ||||||
3 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
4 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
5 | (A) A person commits the offense of unlawful sale or | ||||||
6 | delivery of firearms when he
or she knowingly does any of the | ||||||
7 | following:
| ||||||
8 | (a) Sells or gives any firearm of a size which may be | ||||||
9 | concealed upon the
person to any person under 18 years of | ||||||
10 | age.
| ||||||
11 | (b) Sells or gives any firearm to a person under 21 | ||||||
12 | years of age who has
been convicted of a misdemeanor other | ||||||
13 | than a traffic offense or adjudged
delinquent.
| ||||||
14 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
15 | (d) Sells or gives any firearm to any person who has | ||||||
16 | been convicted of a
felony under the laws of this or any | ||||||
17 | other jurisdiction.
| ||||||
18 | (e) Sells or gives any firearm to any person who has | ||||||
19 | been a patient in a
mental institution within the past 5 | ||||||
20 | years. In this subsection (e): | ||||||
21 | "Mental institution" means any hospital, | ||||||
22 | institution, clinic, evaluation facility, mental | ||||||
23 | health center, or part thereof, which is used | ||||||
24 | primarily for the care or treatment of persons with | ||||||
25 | mental illness. |
| |||||||
| |||||||
1 | "Patient in a mental institution" means the person | ||||||
2 | was admitted, either voluntarily or involuntarily, to | ||||||
3 | a mental institution for mental health treatment, | ||||||
4 | unless the treatment was voluntary and solely for an | ||||||
5 | alcohol abuse disorder and no other secondary | ||||||
6 | substance abuse disorder or mental illness.
| ||||||
7 | (f) Sells or gives any firearms to any person who is a | ||||||
8 | person with an intellectual disability.
| ||||||
9 | (g) Delivers any firearm, incidental to a sale, | ||||||
10 | without withholding delivery of the firearm
for at least | ||||||
11 | 72 hours after application for its purchase has been made, | ||||||
12 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
13 | without withholding delivery of the stun gun or taser for
| ||||||
14 | at least 24 hours after application for its purchase has | ||||||
15 | been made.
However,
this paragraph (g) does not apply to: | ||||||
16 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
17 | the seller of the firearm knows that the person to whom he | ||||||
18 | or she is selling the firearm is a law enforcement officer | ||||||
19 | or the sale of a firearm to a person who desires to | ||||||
20 | purchase a firearm for
use in promoting the public | ||||||
21 | interest incident to his or her employment as a
bank | ||||||
22 | guard, armed truck guard, or other similar employment; (2) | ||||||
23 | a mail
order sale of a firearm from a federally licensed | ||||||
24 | firearms dealer to a nonresident of Illinois under which | ||||||
25 | the firearm
is mailed to a federally licensed firearms | ||||||
26 | dealer outside the boundaries of Illinois; (3) (blank); |
| |||||||
| |||||||
1 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
2 | firearms dealer under Section 923
of the federal Gun | ||||||
3 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
4 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
5 | registered competitor or attendee or non-resident | ||||||
6 | registered competitor or attendee by any dealer licensed | ||||||
7 | as a federal firearms dealer under Section 923 of the | ||||||
8 | federal Gun Control Act of 1968 at competitive shooting | ||||||
9 | events held at the World Shooting Complex sanctioned by a | ||||||
10 | national governing body. For purposes of transfers or | ||||||
11 | sales under subparagraph (5) of this paragraph (g), the | ||||||
12 | Department of Natural Resources shall give notice to the | ||||||
13 | Department of State Police at least 30 calendar days prior | ||||||
14 | to any competitive shooting events at the World Shooting | ||||||
15 | Complex sanctioned by a national governing body. The | ||||||
16 | notification shall be made on a form prescribed by the | ||||||
17 | Department of State Police. The sanctioning body shall | ||||||
18 | provide a list of all registered competitors and attendees | ||||||
19 | at least 24 hours before the events to the Department of | ||||||
20 | State Police. Any changes to the list of registered | ||||||
21 | competitors and attendees shall be forwarded to the | ||||||
22 | Department of State Police as soon as practicable. The | ||||||
23 | Department of State Police must destroy the list of | ||||||
24 | registered competitors and attendees no later than 30 days | ||||||
25 | after the date of the event. Nothing in this paragraph (g) | ||||||
26 | relieves a federally licensed firearm dealer from the |
| |||||||
| |||||||
1 | requirements of conducting a NICS background check through | ||||||
2 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
3 | purposes of this paragraph (g), "application" means when | ||||||
4 | the buyer and seller reach an agreement to purchase a | ||||||
5 | firearm.
For purposes of this paragraph (g), "national | ||||||
6 | governing body" means a group of persons who adopt rules | ||||||
7 | and formulate policy on behalf of a national firearm | ||||||
8 | sporting organization.
| ||||||
9 | (h) While holding any license
as a dealer,
importer, | ||||||
10 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
11 | Act of 1968,
manufactures, sells or delivers to any | ||||||
12 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
13 | or receiver which is a die casting of zinc alloy or
any | ||||||
14 | other nonhomogeneous metal which will melt or deform at a | ||||||
15 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
16 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
17 | the Firearm Owners Identification Card Act; and (2)
| ||||||
18 | "handgun" is defined as a firearm designed to be held
and | ||||||
19 | fired by the use of a single hand, and includes a | ||||||
20 | combination of parts from
which such a firearm can be | ||||||
21 | assembled.
| ||||||
22 | (i) Sells or gives a firearm of any size to any person | ||||||
23 | under 18 years of
age who does not possess a valid Firearm | ||||||
24 | Owner's Identification Card.
| ||||||
25 | (j) Sells or gives a firearm while engaged in the | ||||||
26 | business of selling
firearms at wholesale or retail |
| |||||||
| |||||||
1 | without being licensed as a federal firearms
dealer under | ||||||
2 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
3 | U.S.C.
923). In this paragraph (j):
| ||||||
4 | A person "engaged in the business" means a person who | ||||||
5 | devotes time,
attention, and
labor to
engaging in the | ||||||
6 | activity as a regular course of trade or business with the
| ||||||
7 | principal objective of livelihood and profit, but does not | ||||||
8 | include a person who
makes occasional repairs of firearms | ||||||
9 | or who occasionally fits special barrels,
stocks, or | ||||||
10 | trigger mechanisms to firearms.
| ||||||
11 | "With the principal objective of livelihood and | ||||||
12 | profit" means that the
intent
underlying the sale or | ||||||
13 | disposition of firearms is predominantly one of
obtaining | ||||||
14 | livelihood and pecuniary gain, as opposed to other | ||||||
15 | intents, such as
improving or liquidating a personal | ||||||
16 | firearms collection; however, proof of
profit shall not be | ||||||
17 | required as to a person who engages in the regular and
| ||||||
18 | repetitive purchase and disposition of firearms for | ||||||
19 | criminal purposes or
terrorism.
| ||||||
20 | (k) Sells or transfers ownership of a firearm to a | ||||||
21 | person in violation of Section 3 of the Firearm Owners | ||||||
22 | Identification Card Act who does not display to the seller | ||||||
23 | or transferor of the firearm either: (1) a currently valid | ||||||
24 | Firearm Owner's Identification Card that has previously | ||||||
25 | been issued in the transferee's name by the Department of | ||||||
26 | State Police under the provisions of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act; or (2) a currently valid license | ||||||
2 | to carry a concealed firearm that has previously been | ||||||
3 | issued in the transferee's name by the
Department of State | ||||||
4 | Police under the Firearm Concealed Carry Act . This | ||||||
5 | paragraph (k) does not apply to the transfer of a firearm | ||||||
6 | to a person who is exempt from the requirement of | ||||||
7 | possessing a Firearm Owner's Identification Card under | ||||||
8 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
9 | For the purposes of this Section, a currently valid | ||||||
10 | Firearm Owner's Identification Card means (i) a Firearm | ||||||
11 | Owner's Identification Card that has not expired or (ii) | ||||||
12 | an approval number issued in accordance with subsection | ||||||
13 | (a-10) of subsection 3 or Section 3.1 of the Firearm | ||||||
14 | Owners Identification Card Act shall be proof that the | ||||||
15 | Firearm Owner's Identification Card was valid. | ||||||
16 | (1) (Blank). In addition to the other requirements | ||||||
17 | of this paragraph (k), all persons who are not | ||||||
18 | federally licensed firearms dealers must also have | ||||||
19 | complied with subsection (a-10) of Section 3 of the | ||||||
20 | Firearm Owners Identification Card Act by determining | ||||||
21 | the validity of a purchaser's Firearm Owner's | ||||||
22 | Identification Card. | ||||||
23 | (2) All sellers or transferors who have complied | ||||||
24 | with the requirements of subparagraph (1) of this | ||||||
25 | paragraph (k) shall not be liable for damages in any | ||||||
26 | civil action arising from the use or misuse by the |
| |||||||
| |||||||
1 | transferee of the firearm transferred, except for | ||||||
2 | willful or wanton misconduct on the part of the seller | ||||||
3 | or transferor. | ||||||
4 | (l) Not
being entitled to the possession of a firearm, | ||||||
5 | delivers the
firearm, knowing it to have been stolen or | ||||||
6 | converted. It may be inferred that
a person who possesses | ||||||
7 | a firearm with knowledge that its serial number has
been | ||||||
8 | removed or altered has knowledge that the firearm is | ||||||
9 | stolen or converted. | ||||||
10 | (B) Paragraph (h) of subsection (A) does not include | ||||||
11 | firearms sold within 6
months after enactment of Public
Act | ||||||
12 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
13 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
14 | purchased by any citizen within 6 months after the
enactment | ||||||
15 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
16 | the provisions of that Public Act. Nothing in
Public Act | ||||||
17 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
18 | firearm if that firearm was legally held or acquired within 6 | ||||||
19 | months after
the enactment of that Public Act.
| ||||||
20 | (C) Sentence.
| ||||||
21 | (1) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
23 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
24 | (2) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (b) or (i) of | ||||||
26 | subsection (A) commits a Class 3 felony.
|
| |||||||
| |||||||
1 | (3) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a) of subsection | ||||||
3 | (A) commits a Class 2 felony.
| ||||||
4 | (4) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
6 | subsection (A) in any school, on the real
property | ||||||
7 | comprising a school, within 1,000 feet of the real | ||||||
8 | property comprising
a school, at a school related | ||||||
9 | activity, or on or within 1,000 feet of any
conveyance | ||||||
10 | owned, leased, or contracted by a school or school | ||||||
11 | district to
transport students to or from school or a | ||||||
12 | school related activity,
regardless of the time of day or | ||||||
13 | time of year at which the offense
was committed, commits a | ||||||
14 | Class 1 felony. Any person convicted of a second
or | ||||||
15 | subsequent violation of unlawful sale or delivery of | ||||||
16 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
17 | subsection (A) in any school, on the real property
| ||||||
18 | comprising a school, within 1,000 feet of the real | ||||||
19 | property comprising a
school, at a school related | ||||||
20 | activity, or on or within 1,000 feet of any
conveyance | ||||||
21 | owned, leased, or contracted by a school or school | ||||||
22 | district to
transport students to or from school or a | ||||||
23 | school related activity,
regardless of the time of day or | ||||||
24 | time of year at which the offense
was committed, commits a | ||||||
25 | Class 1 felony for which the sentence shall be a
term of | ||||||
26 | imprisonment of no less than 5 years and no more than 15 |
| |||||||
| |||||||
1 | years.
| ||||||
2 | (5) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a) or (i) of | ||||||
4 | subsection (A) in residential property owned,
operated, or | ||||||
5 | managed by a public housing agency or leased by a public | ||||||
6 | housing
agency as part of a scattered site or mixed-income | ||||||
7 | development, in a public
park, in a
courthouse, on | ||||||
8 | residential property owned, operated, or managed by a | ||||||
9 | public
housing agency or leased by a public housing agency | ||||||
10 | as part of a scattered site
or mixed-income development, | ||||||
11 | on the real property comprising any public park,
on the | ||||||
12 | real
property comprising any courthouse, or on any public | ||||||
13 | way within 1,000 feet
of the real property comprising any | ||||||
14 | public park, courthouse, or residential
property owned, | ||||||
15 | operated, or managed by a public housing agency or leased | ||||||
16 | by a
public housing agency as part of a scattered site or | ||||||
17 | mixed-income development
commits a
Class 2 felony.
| ||||||
18 | (6) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (j) of subsection | ||||||
20 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
21 | violation is a Class 4 felony. | ||||||
22 | (7) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of paragraph (k) of subsection | ||||||
24 | (A) commits a Class 4 felony, except that a violation of | ||||||
25 | item (G) of subsection (a-5) of Section 3 of the Firearm | ||||||
26 | Owners Identification Card Act is a Class A misdemeanor |
| |||||||
| |||||||
1 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
2 | not be punishable as a crime or petty offense . A third or | ||||||
3 | subsequent conviction for a violation of paragraph (k) of | ||||||
4 | subsection (A) is a Class 1 felony.
| ||||||
5 | (8) A person 18 years of age or older convicted of | ||||||
6 | unlawful sale or delivery of firearms in violation of | ||||||
7 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
8 | that was sold or given to another person under 18 years of | ||||||
9 | age was used in the commission of or attempt to commit a | ||||||
10 | forcible felony, shall be fined or imprisoned, or both, | ||||||
11 | not to exceed the maximum provided for the most serious | ||||||
12 | forcible felony so committed or attempted by the person | ||||||
13 | under 18 years of age who was sold or given the firearm. | ||||||
14 | (9) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (d) of subsection | ||||||
16 | (A) commits a Class 3 felony. | ||||||
17 | (10) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (l) of subsection | ||||||
19 | (A) commits a Class 2 felony if the delivery is of one | ||||||
20 | firearm. Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (l) of subsection | ||||||
22 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
23 | than 2 and not more than 5 firearms at the
same time or | ||||||
24 | within a one year period. Any person convicted of unlawful | ||||||
25 | sale or delivery of firearms in violation of paragraph (l) | ||||||
26 | of subsection (A) commits a Class X felony for which he or |
| |||||||
| |||||||
1 | she shall be sentenced
to a term of imprisonment of not | ||||||
2 | less than 6 years and not more than 30
years if the | ||||||
3 | delivery is of not less than 6 and not more than 10 | ||||||
4 | firearms at the
same time or within a 2 year period. Any | ||||||
5 | person convicted of unlawful sale or delivery of firearms | ||||||
6 | in violation of paragraph (l) of subsection (A) commits a | ||||||
7 | Class X felony for which he or she shall be sentenced
to a | ||||||
8 | term of imprisonment of not less than 6 years and not more | ||||||
9 | than 40
years if the delivery is of not less than 11 and | ||||||
10 | not more than 20 firearms at the
same time or within a 3 | ||||||
11 | year period. Any person convicted of unlawful sale or | ||||||
12 | delivery of firearms in violation of paragraph (l) of | ||||||
13 | subsection (A) commits a Class X felony for which he or she | ||||||
14 | shall be sentenced
to a term of imprisonment of not less | ||||||
15 | than 6 years and not more than 50
years if the delivery is | ||||||
16 | of not less than 21 and not more than 30 firearms at the
| ||||||
17 | same time or within a 4 year period. Any person convicted | ||||||
18 | of unlawful sale or delivery of firearms in violation of | ||||||
19 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
20 | for which he or she shall be sentenced
to a term of | ||||||
21 | imprisonment of not less than 6 years and not more than 60
| ||||||
22 | years if the delivery is of 31 or more firearms at the
same | ||||||
23 | time or within a 5 year period. | ||||||
24 | (D) For purposes of this Section:
| ||||||
25 | "School" means a public or private elementary or secondary | ||||||
26 | school,
community college, college, or university.
|
| |||||||
| |||||||
1 | "School related activity" means any sporting, social, | ||||||
2 | academic, or
other activity for which students' attendance or | ||||||
3 | participation is sponsored,
organized, or funded in whole or | ||||||
4 | in part by a school or school district.
| ||||||
5 | (E) A prosecution for a violation of paragraph (k) of | ||||||
6 | subsection (A) of this Section may be commenced within 6 years | ||||||
7 | after the commission of the offense. A prosecution for a | ||||||
8 | violation of this Section other than paragraph (g) of | ||||||
9 | subsection (A) of this Section may be commenced within 5 years | ||||||
10 | after the commission of the offense defined in the particular | ||||||
11 | paragraph.
| ||||||
12 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
13 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
14 | Section 35. The Code of Criminal Procedure of 1963 is | ||||||
15 | amended by changing Section 110-10 as follows:
| ||||||
16 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
17 | Sec. 110-10. Conditions of bail bond.
| ||||||
18 | (a) If a person is released prior to conviction, either | ||||||
19 | upon payment of
bail security or on his or her own | ||||||
20 | recognizance, the conditions of the bail
bond shall be that he | ||||||
21 | or she will:
| ||||||
22 | (1) Appear to answer the charge in the court having | ||||||
23 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
24 | the court until discharged or
final order of the court;
|
| |||||||
| |||||||
1 | (2) Submit himself or herself to the orders and | ||||||
2 | process of the court;
| ||||||
3 | (3) Not depart this State without leave of the court;
| ||||||
4 | (4) Not violate any criminal statute of any | ||||||
5 | jurisdiction;
| ||||||
6 | (5) At a time and place designated by the court, the | ||||||
7 | defendant shall physically surrender all firearms in his | ||||||
8 | or her possession to a law enforcement agency designated | ||||||
9 | by the court to take custody of and impound the firearms | ||||||
10 | and physically surrender his or her Firearm Owner's | ||||||
11 | Identification Card to the law enforcement agency as a | ||||||
12 | condition of remaining on bond pending trial surrender all | ||||||
13 | firearms
in his or her possession to a law enforcement | ||||||
14 | officer designated by the court
to take custody of and | ||||||
15 | impound the firearms
and physically
surrender his or her | ||||||
16 | Firearm Owner's Identification Card to the clerk of the
| ||||||
17 | circuit court
when the offense the person has
been charged | ||||||
18 | with is a forcible felony, stalking, aggravated stalking, | ||||||
19 | domestic
battery, any violation of the Illinois Controlled | ||||||
20 | Substances Act, the Methamphetamine Control and Community | ||||||
21 | Protection Act, or the
Cannabis Control Act that is | ||||||
22 | classified as a Class 2 or greater felony, or any
felony | ||||||
23 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 . A defendant whose Firearm Owner's | ||||||
25 | Identification Card has been revoked or suspended may | ||||||
26 | petition the court to transfer the defendant's firearm to |
| |||||||
| |||||||
1 | a person who is lawfully able to possess the firearm if the | ||||||
2 | person does not reside at the same address as the | ||||||
3 | defendant. Any transfer must be conducted under Section 3 | ||||||
4 | of the Firearm Owners Identification Card Act. The | ||||||
5 | transferee who receives the defendant's firearms must | ||||||
6 | swear or affirm by affidavit that he or she shall not | ||||||
7 | transfer the firearm to the defendant or to anyone | ||||||
8 | residing in the same residence as the defendant, until the | ||||||
9 | defendant's Firearm Owner's Identification Card has been | ||||||
10 | reinstated. The law enforcement agency, upon transfer of | ||||||
11 | the firearms, shall require the defendant to complete a | ||||||
12 | Firearm Disposition Record under Section 9.5 of the | ||||||
13 | Firearm Owners Identification Card Act and provide a copy | ||||||
14 | to the Illinois State Police along with the defendant's | ||||||
15 | Firearm Owner's Identification Card ; the court
may,
| ||||||
16 | however, forgo the imposition of this condition when the | ||||||
17 | defendant has provided proof to the court that he or she | ||||||
18 | has legally disposed or transferred his or her firearms | ||||||
19 | and returned his or her Firearm Owner's Identification | ||||||
20 | Card to the Illinois State Police. If the court finds the | ||||||
21 | circumstances of the case clearly do not warrant it or | ||||||
22 | when its imposition would be impractical, the court shall | ||||||
23 | indicate on the record and in writing and the court's | ||||||
24 | basis for making the determination when the
circumstances | ||||||
25 | of the
case clearly do not warrant it or when its | ||||||
26 | imposition would be
impractical ; all legally possessed |
| |||||||
| |||||||
1 | firearms shall be returned to the person upon proof being | ||||||
2 | provided to the law enforcement agency of the | ||||||
3 | reinstatement of the person's Firearm Owner's | ||||||
4 | Identification Card;
if the Firearm Owner's Identification | ||||||
5 | Card is confiscated, the clerk of the circuit court shall | ||||||
6 | mail the confiscated card to the Illinois State Police; | ||||||
7 | all legally possessed firearms shall be returned to the | ||||||
8 | person upon
the charges being dismissed, or if the person | ||||||
9 | is found not guilty, unless the
finding of not guilty is by | ||||||
10 | reason of insanity; and
| ||||||
11 | (6) At a time and place designated by the court, | ||||||
12 | submit to a
psychological
evaluation when the person has | ||||||
13 | been charged with a violation of item (4) of
subsection
| ||||||
14 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 and that violation occurred in
a | ||||||
16 | school
or in any conveyance owned, leased, or contracted | ||||||
17 | by a school to transport
students to or
from school or a | ||||||
18 | school-related activity, or on any public way within 1,000
| ||||||
19 | feet of real
property comprising any school.
| ||||||
20 | Psychological evaluations ordered pursuant to this Section | ||||||
21 | shall be completed
promptly
and made available to the State, | ||||||
22 | the defendant, and the court. As a further
condition of bail | ||||||
23 | under
these circumstances, the court shall order the defendant | ||||||
24 | to refrain from
entering upon the
property of the school, | ||||||
25 | including any conveyance owned, leased, or contracted
by a | ||||||
26 | school to
transport students to or from school or a |
| |||||||
| |||||||
1 | school-related activity, or on any public way within
1,000 | ||||||
2 | feet of real property comprising any school. Upon receipt of | ||||||
3 | the psychological evaluation,
either the State or the | ||||||
4 | defendant may request a change in the conditions of bail, | ||||||
5 | pursuant to
Section 110-6 of this Code. The court may change | ||||||
6 | the conditions of bail to include a
requirement that the | ||||||
7 | defendant follow the recommendations of the psychological | ||||||
8 | evaluation,
including undergoing psychiatric treatment. The | ||||||
9 | conclusions of the
psychological evaluation and
any statements | ||||||
10 | elicited from the defendant during its administration are not
| ||||||
11 | admissible as evidence
of guilt during the course of any trial | ||||||
12 | on the charged offense, unless the
defendant places his or her
| ||||||
13 | mental competency in issue.
| ||||||
14 | (b) The court may impose other conditions, such as the | ||||||
15 | following, if the
court finds that such conditions are | ||||||
16 | reasonably necessary to assure the
defendant's appearance in | ||||||
17 | court, protect the public from the defendant, or
prevent the | ||||||
18 | defendant's unlawful interference with the orderly | ||||||
19 | administration
of justice:
| ||||||
20 | (1) Report to or appear in person before such person | ||||||
21 | or agency as the
court may direct;
| ||||||
22 | (2) Refrain from possessing a firearm or other | ||||||
23 | dangerous weapon;
| ||||||
24 | (3) Refrain from approaching or communicating with | ||||||
25 | particular persons or
classes of persons;
| ||||||
26 | (4) Refrain from going to certain described |
| |||||||
| |||||||
1 | geographical areas or
premises;
| ||||||
2 | (5) Refrain from engaging in certain activities or | ||||||
3 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
4 | (6) Undergo treatment for drug addiction or | ||||||
5 | alcoholism;
| ||||||
6 | (7) Undergo medical or psychiatric treatment;
| ||||||
7 | (8) Work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (9) Attend or reside in a facility designated by the | ||||||
10 | court;
| ||||||
11 | (10) Support his or her dependents;
| ||||||
12 | (11) If a minor resides with his or her parents or in a | ||||||
13 | foster home,
attend school, attend a non-residential | ||||||
14 | program for youths, and contribute
to his or her own | ||||||
15 | support at home or in a foster home;
| ||||||
16 | (12) Observe any curfew ordered by the court;
| ||||||
17 | (13) Remain in the custody of such designated person | ||||||
18 | or organization
agreeing to supervise his release. Such | ||||||
19 | third party custodian shall be
responsible for notifying | ||||||
20 | the court if the defendant fails to observe the
conditions | ||||||
21 | of release which the custodian has agreed to monitor, and | ||||||
22 | shall
be subject to contempt of court for failure so to | ||||||
23 | notify the court;
| ||||||
24 | (14) Be placed under direct supervision of the | ||||||
25 | Pretrial Services
Agency, Probation Department or Court | ||||||
26 | Services Department in a pretrial
bond home supervision |
| |||||||
| |||||||
1 | capacity with or without the use of an approved
electronic | ||||||
2 | monitoring device subject to Article 8A of Chapter V of | ||||||
3 | the
Unified Code of Corrections;
| ||||||
4 | (14.1) The court shall impose upon a defendant who is | ||||||
5 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
6 | controlled substance violation and is placed under
direct | ||||||
7 | supervision of the Pretrial Services Agency, Probation | ||||||
8 | Department or
Court Services Department in a pretrial bond | ||||||
9 | home supervision capacity with
the use of an approved | ||||||
10 | monitoring device, as a condition of such bail bond,
a fee | ||||||
11 | that represents costs incidental to the electronic | ||||||
12 | monitoring for each
day of such bail supervision ordered | ||||||
13 | by the
court, unless after determining the inability of | ||||||
14 | the defendant to pay the
fee, the court assesses a lesser | ||||||
15 | fee or no fee as the case may be. The fee
shall be | ||||||
16 | collected by the clerk of the circuit court, except as | ||||||
17 | provided in an administrative order of the Chief Judge of | ||||||
18 | the circuit court. The clerk of the
circuit court shall | ||||||
19 | pay all monies collected from this fee to the county
| ||||||
20 | treasurer for deposit in the substance abuse services fund | ||||||
21 | under Section
5-1086.1 of the Counties Code, except as | ||||||
22 | provided in an administrative order of the Chief Judge of | ||||||
23 | the circuit court. | ||||||
24 | The Chief Judge of the circuit court of the county may | ||||||
25 | by administrative order establish a program for electronic | ||||||
26 | monitoring of offenders with regard to drug-related and |
| |||||||
| |||||||
1 | alcohol-related offenses, in which a vendor supplies and | ||||||
2 | monitors the operation of the electronic monitoring | ||||||
3 | device, and collects the fees on behalf of the county. The | ||||||
4 | program shall include provisions for indigent offenders | ||||||
5 | and the collection of unpaid fees. The program shall not | ||||||
6 | unduly burden the offender and shall be subject to review | ||||||
7 | by the Chief Judge. | ||||||
8 | The Chief Judge of the circuit court may suspend any | ||||||
9 | additional charges or fees for late payment, interest, or | ||||||
10 | damage to any device;
| ||||||
11 | (14.2) The court shall impose upon all defendants, | ||||||
12 | including those
defendants subject to paragraph (14.1) | ||||||
13 | above, placed under direct supervision
of the Pretrial | ||||||
14 | Services Agency, Probation Department or Court Services
| ||||||
15 | Department in a pretrial bond home supervision capacity | ||||||
16 | with the use of an
approved monitoring device, as a | ||||||
17 | condition of such bail bond, a fee
which shall represent | ||||||
18 | costs incidental to such
electronic monitoring for each | ||||||
19 | day of such bail supervision ordered by the
court, unless | ||||||
20 | after determining the inability of the defendant to pay | ||||||
21 | the fee,
the court assesses a lesser fee or no fee as the | ||||||
22 | case may be. The fee shall be
collected by the clerk of the | ||||||
23 | circuit court, except as provided in an administrative | ||||||
24 | order of the Chief Judge of the circuit court. The clerk of | ||||||
25 | the circuit court
shall pay all monies collected from this | ||||||
26 | fee to the county treasurer who shall
use the monies |
| |||||||
| |||||||
1 | collected to defray the costs of corrections. The county
| ||||||
2 | treasurer shall deposit the fee collected in the county | ||||||
3 | working cash fund under
Section 6-27001 or Section 6-29002 | ||||||
4 | of the Counties Code, as the case may
be, except as | ||||||
5 | provided in an administrative order of the Chief Judge of | ||||||
6 | the circuit court. | ||||||
7 | The Chief Judge of the circuit court of the county may | ||||||
8 | by administrative order establish a program for electronic | ||||||
9 | monitoring of offenders with regard to drug-related and | ||||||
10 | alcohol-related offenses, in which a vendor supplies and | ||||||
11 | monitors the operation of the electronic monitoring | ||||||
12 | device, and collects the fees on behalf of the county. The | ||||||
13 | program shall include provisions for indigent offenders | ||||||
14 | and the collection of unpaid fees. The program shall not | ||||||
15 | unduly burden the offender and shall be subject to review | ||||||
16 | by the Chief Judge. | ||||||
17 | The Chief Judge of the circuit court may suspend any | ||||||
18 | additional charges or fees for late payment, interest, or | ||||||
19 | damage to any device;
| ||||||
20 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
21 | establish reasonable
fees to be paid by a person receiving | ||||||
22 | pretrial services while under supervision
of a pretrial | ||||||
23 | services agency, probation department, or court services
| ||||||
24 | department. Reasonable fees may be charged for pretrial | ||||||
25 | services
including, but not limited to, pretrial | ||||||
26 | supervision, diversion programs,
electronic monitoring, |
| |||||||
| |||||||
1 | victim impact services, drug and alcohol testing, DNA | ||||||
2 | testing, GPS electronic monitoring, assessments and | ||||||
3 | evaluations related to domestic violence and other | ||||||
4 | victims, and
victim mediation services. The person | ||||||
5 | receiving pretrial services may be
ordered to pay all | ||||||
6 | costs incidental to pretrial services in accordance with | ||||||
7 | his
or her ability to pay those costs;
| ||||||
8 | (14.4) For persons charged with violating Section | ||||||
9 | 11-501 of the Illinois
Vehicle Code, refrain from | ||||||
10 | operating a motor vehicle not equipped with an
ignition | ||||||
11 | interlock device, as defined in Section 1-129.1 of the | ||||||
12 | Illinois
Vehicle Code,
pursuant to the rules promulgated | ||||||
13 | by the Secretary of State for the
installation of ignition
| ||||||
14 | interlock devices. Under this condition the court may | ||||||
15 | allow a defendant who is
not
self-employed to operate a | ||||||
16 | vehicle owned by the defendant's employer that is
not | ||||||
17 | equipped with an ignition interlock device in the course | ||||||
18 | and scope of the
defendant's employment;
| ||||||
19 | (15) Comply with the terms and conditions of an order | ||||||
20 | of protection
issued by the court under the Illinois | ||||||
21 | Domestic Violence Act of 1986 or an
order of protection | ||||||
22 | issued by the court of another state, tribe, or United
| ||||||
23 | States territory;
| ||||||
24 | (16) Under Section 110-6.5 comply with the conditions | ||||||
25 | of the drug testing
program; and
| ||||||
26 | (17) Such other reasonable conditions as the court may |
| |||||||
| |||||||
1 | impose.
| ||||||
2 | (c) When a person is charged with an offense under Section | ||||||
3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
4 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
6 | 18 years of age living in the same household with the defendant
| ||||||
7 | at the time of the offense, in granting bail or releasing the | ||||||
8 | defendant on
his own recognizance, the judge shall impose | ||||||
9 | conditions to restrict the
defendant's access to the victim | ||||||
10 | which may include, but are not limited to
conditions that he | ||||||
11 | will:
| ||||||
12 | 1. Vacate the household.
| ||||||
13 | 2. Make payment of temporary support to his | ||||||
14 | dependents.
| ||||||
15 | 3. Refrain from contact or communication with the | ||||||
16 | child victim, except
as ordered by the court.
| ||||||
17 | (d) When a person is charged with a criminal offense and | ||||||
18 | the victim is
a family or household member as defined in | ||||||
19 | Article 112A, conditions shall
be imposed at the time of the | ||||||
20 | defendant's release on bond that restrict the
defendant's | ||||||
21 | access to the victim.
Unless provided otherwise by the court, | ||||||
22 | the
restrictions shall include
requirements that the defendant | ||||||
23 | do the following:
| ||||||
24 | (1) refrain from contact or communication with the | ||||||
25 | victim for a
minimum period of 72 hours following the | ||||||
26 | defendant's release; and
|
| |||||||
| |||||||
1 | (2) refrain from entering or remaining at the victim's | ||||||
2 | residence for a
minimum period of 72 hours following the | ||||||
3 | defendant's release.
| ||||||
4 | (e) Local law enforcement agencies shall develop | ||||||
5 | standardized bond forms
for use in cases involving family or | ||||||
6 | household members as defined in
Article 112A, including | ||||||
7 | specific conditions of bond as provided in
subsection (d). | ||||||
8 | Failure of any law enforcement department to develop or use
| ||||||
9 | those forms shall in no way limit the applicability and | ||||||
10 | enforcement of
subsections (d) and (f).
| ||||||
11 | (f) If the defendant is admitted to bail after conviction | ||||||
12 | the
conditions of the bail bond shall be that he will, in | ||||||
13 | addition to the
conditions set forth in subsections (a) and | ||||||
14 | (b) hereof:
| ||||||
15 | (1) Duly prosecute his appeal;
| ||||||
16 | (2) Appear at such time and place as the court may | ||||||
17 | direct;
| ||||||
18 | (3) Not depart this State without leave of the court;
| ||||||
19 | (4) Comply with such other reasonable conditions as | ||||||
20 | the court may
impose; and
| ||||||
21 | (5) If the judgment is affirmed or the cause reversed | ||||||
22 | and remanded
for a new trial, forthwith surrender to the | ||||||
23 | officer from whose custody
he was bailed.
| ||||||
24 | (g) Upon a finding of guilty for any felony offense, the | ||||||
25 | defendant shall physically surrender, at a time and place | ||||||
26 | designated by the court, all firearms in his or her possession |
| |||||||
| |||||||
1 | to a law enforcement officer designated by the court to take | ||||||
2 | custody of and impound the firearms and physically surrender | ||||||
3 | his or her Firearm Owner's Identification Card to the law | ||||||
4 | enforcement agency as a condition of remaining on bond pending | ||||||
5 | sentencing. A defendant whose Firearm Owner's Identification | ||||||
6 | Card has been revoked or suspended may petition the court to | ||||||
7 | transfer the defendant's firearm to a person who is lawfully | ||||||
8 | able to possess the firearm if the person does not reside at | ||||||
9 | the same address as the defendant. Any transfer must be | ||||||
10 | conducted under Section 3 of the Firearm Owners Identification | ||||||
11 | Card Act. The transferee who receives the defendant's firearms | ||||||
12 | must swear or affirm by affidavit that he or she shall not | ||||||
13 | transfer the firearm to the defendant or to anyone residing in | ||||||
14 | the same residence as the defendant, until the defendant's | ||||||
15 | Firearm Owner's Identification Card has been reinstated. The | ||||||
16 | law enforcement agency, upon transfer of the firearms, shall | ||||||
17 | require the defendant to complete a Firearm Disposition Record | ||||||
18 | under Section 9.5 of the Firearm Owners Identification Card | ||||||
19 | Act and provide a copy to the Illinois State Police along with | ||||||
20 | the defendant's Firearm Owner's Identification Card the | ||||||
21 | defendant shall
physically surrender, at a time and place | ||||||
22 | designated by the court,
any and all firearms in his or her | ||||||
23 | possession and his or her Firearm Owner's
Identification Card | ||||||
24 | as a condition of remaining on bond pending sentencing.
| ||||||
25 | (h) Upon indictment for any felony offense, the defendant | ||||||
26 | shall physically surrender, at a time and place designated by |
| |||||||
| |||||||
1 | the court, all firearms in his or her possession to a law | ||||||
2 | enforcement officer designated by the court to take custody of | ||||||
3 | and impound the firearms and physically surrender his or her | ||||||
4 | Firearm Owner's Identification Card to the law enforcement | ||||||
5 | agency as a condition of remaining on bond pending trial. A | ||||||
6 | defendant whose Firearm Owner's Identification Card has been | ||||||
7 | revoked or suspended may petition the court to transfer the | ||||||
8 | defendant's firearm to a person who is lawfully able to | ||||||
9 | possess the firearm if the person does not reside at the same | ||||||
10 | address as the defendant. Any transfer must be conducted under | ||||||
11 | Section 3 of the Firearm Owners Identification Card Act. The | ||||||
12 | transferee who receives the defendant's firearms must swear or | ||||||
13 | affirm by affidavit that he or she shall not transfer the | ||||||
14 | firearm to the defendant or to anyone residing in the same | ||||||
15 | residence as the defendant, until the defendant's Firearm | ||||||
16 | Owner's Identification Card has been reinstated. The law | ||||||
17 | enforcement agency upon transfer of the firearms shall require | ||||||
18 | the defendant to complete a Firearm Disposition Record under | ||||||
19 | Section 9.5 of the Firearm Owners Identification Card Act and | ||||||
20 | provide a copy to the Illinois State Police along with the | ||||||
21 | defendants Firearm Owner's Identification Card. All legally | ||||||
22 | possessed firearms shall be returned to the person upon proof | ||||||
23 | being provided to the law enforcement agency of the | ||||||
24 | reinstatement of the person's Firearm Owner's Identification | ||||||
25 | Card. | ||||||
26 | (i) (h) In the event the defendant is unable to post bond, |
| |||||||
| |||||||
1 | the court may impose a no contact provision with the victim or | ||||||
2 | other interested party that shall be enforced while the | ||||||
3 | defendant remains in custody. | ||||||
4 | (Source: P.A. 101-138, eff. 1-1-20 .)
| ||||||
5 | Section 40. The Unified Code of Corrections is amended by | ||||||
6 | changing Section 5-6-3 as follows: | ||||||
7 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
8 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
9 | discharge.
| ||||||
10 | (a) The conditions of probation and of conditional | ||||||
11 | discharge shall be
that the person:
| ||||||
12 | (1) not violate any criminal statute of any | ||||||
13 | jurisdiction;
| ||||||
14 | (2) report to or appear in person before such person | ||||||
15 | or agency as
directed by the court;
| ||||||
16 | (3) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon where the offense is a felony or, if a | ||||||
18 | misdemeanor, the offense involved the intentional or | ||||||
19 | knowing infliction of bodily harm or threat of bodily | ||||||
20 | harm;
| ||||||
21 | (4) not leave the State without the consent of the | ||||||
22 | court or, in
circumstances in which the reason for the | ||||||
23 | absence is of such an emergency
nature that prior consent | ||||||
24 | by the court is not possible, without the prior
|
| |||||||
| |||||||
1 | notification and approval of the person's probation
| ||||||
2 | officer. Transfer of a person's probation or conditional | ||||||
3 | discharge
supervision to another state is subject to | ||||||
4 | acceptance by the other state
pursuant to the Interstate | ||||||
5 | Compact for Adult Offender Supervision;
| ||||||
6 | (5) permit the probation officer to visit
him at his | ||||||
7 | home or elsewhere
to the extent necessary to discharge his | ||||||
8 | duties;
| ||||||
9 | (6) perform no less than 30 hours of community service | ||||||
10 | and not more than
120 hours of community service, if | ||||||
11 | community service is available in the
jurisdiction and is | ||||||
12 | funded and approved by the county board where the offense
| ||||||
13 | was committed, where the offense was related to or in | ||||||
14 | furtherance of the
criminal activities of an organized | ||||||
15 | gang and was motivated by the offender's
membership in or | ||||||
16 | allegiance to an organized gang. The community service | ||||||
17 | shall
include, but not be limited to, the cleanup and | ||||||
18 | repair of any damage caused by
a violation of Section | ||||||
19 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012 and similar damage
to property located within the | ||||||
21 | municipality or county in which the violation
occurred. | ||||||
22 | When possible and reasonable, the community service should | ||||||
23 | be
performed in the offender's neighborhood. For purposes | ||||||
24 | of this Section,
"organized gang" has the meaning ascribed | ||||||
25 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
26 | Omnibus Prevention Act. The court may give credit toward |
| |||||||
| |||||||
1 | the fulfillment of community service hours for | ||||||
2 | participation in activities and treatment as determined by | ||||||
3 | court services;
| ||||||
4 | (7) if he or she is at least 17 years of age and has | ||||||
5 | been sentenced to
probation or conditional discharge for a | ||||||
6 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
7 | inhabitants and has not been previously convicted of a
| ||||||
8 | misdemeanor or felony, may be required by the sentencing | ||||||
9 | court to attend
educational courses designed to prepare | ||||||
10 | the defendant for a high school diploma
and to work toward | ||||||
11 | a high school diploma or to work toward passing high | ||||||
12 | school equivalency testing or to work toward
completing a | ||||||
13 | vocational training program approved by the court. The | ||||||
14 | person on
probation or conditional discharge must attend a | ||||||
15 | public institution of
education to obtain the educational | ||||||
16 | or vocational training required by this paragraph
(7). The | ||||||
17 | court shall revoke the probation or conditional discharge | ||||||
18 | of a
person who wilfully fails to comply with this | ||||||
19 | paragraph (7). The person on
probation or conditional | ||||||
20 | discharge shall be required to pay for the cost of the
| ||||||
21 | educational courses or high school equivalency testing if | ||||||
22 | a fee is charged for those courses or testing. The court | ||||||
23 | shall resentence the offender whose probation or | ||||||
24 | conditional
discharge has been revoked as provided in | ||||||
25 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
26 | person who has a high school diploma or has successfully |
| |||||||
| |||||||
1 | passed high school equivalency testing. This paragraph (7) | ||||||
2 | does not apply to a person who is determined by
the court | ||||||
3 | to be a person with a developmental disability or | ||||||
4 | otherwise mentally incapable of
completing the educational | ||||||
5 | or vocational program;
| ||||||
6 | (8) if convicted of possession of a substance | ||||||
7 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
8 | Controlled Substances Act, or the Methamphetamine Control | ||||||
9 | and Community Protection Act
after a previous conviction | ||||||
10 | or disposition of supervision for possession of a
| ||||||
11 | substance prohibited by the Cannabis Control Act or | ||||||
12 | Illinois Controlled
Substances Act or after a sentence of | ||||||
13 | probation under Section 10 of the
Cannabis
Control Act, | ||||||
14 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
15 | Section 70 of the Methamphetamine Control and Community | ||||||
16 | Protection Act and upon a
finding by the court that the | ||||||
17 | person is addicted, undergo treatment at a
substance abuse | ||||||
18 | program approved by the court;
| ||||||
19 | (8.5) if convicted of a felony sex offense as defined | ||||||
20 | in the Sex
Offender
Management Board Act, the person shall | ||||||
21 | undergo and successfully complete sex
offender treatment | ||||||
22 | by a treatment provider approved by the Board and | ||||||
23 | conducted
in conformance with the standards developed | ||||||
24 | under the Sex
Offender Management Board Act;
| ||||||
25 | (8.6) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Management Board Act, refrain from residing |
| |||||||
| |||||||
1 | at the same address or in the same condominium unit or | ||||||
2 | apartment unit or in the same condominium complex or | ||||||
3 | apartment complex with another person he or she knows or | ||||||
4 | reasonably should know is a convicted sex offender or has | ||||||
5 | been placed on supervision for a sex offense; the | ||||||
6 | provisions of this paragraph do not apply to a person | ||||||
7 | convicted of a sex offense who is placed in a Department of | ||||||
8 | Corrections licensed transitional housing facility for sex | ||||||
9 | offenders; | ||||||
10 | (8.7) if convicted for an offense committed on or | ||||||
11 | after June 1, 2008 (the effective date of Public Act | ||||||
12 | 95-464) that would qualify the accused as a child sex | ||||||
13 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | refrain from communicating with or contacting, by means of | ||||||
16 | the Internet, a person who is not related to the accused | ||||||
17 | and whom the accused reasonably believes to be under 18 | ||||||
18 | years of age; for purposes of this paragraph (8.7), | ||||||
19 | "Internet" has the meaning ascribed to it in Section | ||||||
20 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
21 | related to the accused if the person is not: (i) the | ||||||
22 | spouse, brother, or sister of the accused; (ii) a | ||||||
23 | descendant of the accused; (iii) a first or second cousin | ||||||
24 | of the accused; or (iv) a step-child or adopted child of | ||||||
25 | the accused; | ||||||
26 | (8.8) if convicted for an offense under Section 11-6, |
| |||||||
| |||||||
1 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
2 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | or any attempt to commit any of these offenses, committed | ||||||
5 | on or after June 1, 2009 (the effective date of Public Act | ||||||
6 | 95-983): | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the offender's probation officer, | ||||||
10 | except in connection with the offender's employment or | ||||||
11 | search for employment with the prior approval of the | ||||||
12 | offender's probation officer; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's probation | ||||||
16 | officer, a law enforcement officer, or assigned | ||||||
17 | computer or information technology specialist, | ||||||
18 | including the retrieval and copying of all data from | ||||||
19 | the computer or device and any internal or external | ||||||
20 | peripherals and removal of such information, | ||||||
21 | equipment, or device to conduct a more thorough | ||||||
22 | inspection; | ||||||
23 | (iii) submit to the installation on the offender's | ||||||
24 | computer or device with Internet capability, at the | ||||||
25 | offender's expense, of one or more hardware or | ||||||
26 | software systems to monitor the Internet use; and |
| |||||||
| |||||||
1 | (iv) submit to any other appropriate restrictions | ||||||
2 | concerning the offender's use of or access to a | ||||||
3 | computer or any other device with Internet capability | ||||||
4 | imposed by the offender's probation officer; | ||||||
5 | (8.9) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Registration Act committed on or after | ||||||
7 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
8 | refrain from accessing or using a social networking | ||||||
9 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
10 | of 2012;
| ||||||
11 | (9) if convicted of a felony or of any misdemeanor | ||||||
12 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
13 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
15 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
16 | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | ||||||
17 | physically surrender, at a time and place designated by | ||||||
18 | the court, all firearms in his or her possession to a law | ||||||
19 | enforcement officer designated by the court to take | ||||||
20 | custody of and impound the firearms and physically | ||||||
21 | surrender his or her Firearm Owner's Identification Card | ||||||
22 | to the law enforcement agency as a condition of remaining | ||||||
23 | on bond pending sentencing. A defendant whose Firearm | ||||||
24 | Owner's Identification Card has been revoked or suspended | ||||||
25 | may petition the court to transfer the defendant's firearm | ||||||
26 | to a person who is lawfully able to possess the firearm if |
| |||||||
| |||||||
1 | the person does not reside at the same address as the | ||||||
2 | defendant. Any transfer must be conducted under Section 3 | ||||||
3 | of the Firearm Owners Identification Card Act. The | ||||||
4 | transferee who receives the defendant's firearms must | ||||||
5 | swear or affirm by affidavit that he or she shall not | ||||||
6 | transfer the firearm to the defendant or to anyone | ||||||
7 | residing in the same residence as the defendant, until the | ||||||
8 | defendant's Firearm Owner's Identification Card has been | ||||||
9 | reinstated. The law enforcement agency, upon transfer of | ||||||
10 | the firearms, shall require the defendant to complete a | ||||||
11 | Firearm Disposition Record under Section 9.5 of the | ||||||
12 | Firearm Owner's Identification Card Act and provide a copy | ||||||
13 | to the Illinois State Police along with the defendants | ||||||
14 | Firearm Owner's Identification Card physically surrender | ||||||
15 | at a time and place
designated by the court, his or her | ||||||
16 | Firearm
Owner's Identification Card and
any and all | ||||||
17 | firearms in
his or her possession. The Court shall return | ||||||
18 | to the Department of State Police Firearm Owner's | ||||||
19 | Identification Card Office the person's Firearm Owner's | ||||||
20 | Identification Card ;
| ||||||
21 | (10) if convicted of a sex offense as defined in | ||||||
22 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
23 | offender is a parent or guardian of the person under 18 | ||||||
24 | years of age present in the home and no non-familial | ||||||
25 | minors are present, not participate in a holiday event | ||||||
26 | involving children under 18 years of age, such as |
| |||||||
| |||||||
1 | distributing candy or other items to children on | ||||||
2 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
3 | Christmas, being employed as a department store Santa | ||||||
4 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
5 | Easter; | ||||||
6 | (11) if convicted of a sex offense as defined in | ||||||
7 | Section 2 of the Sex Offender Registration Act committed | ||||||
8 | on or after January 1, 2010 (the effective date of Public | ||||||
9 | Act 96-362) that requires the person to register as a sex | ||||||
10 | offender under that Act, may not knowingly use any | ||||||
11 | computer scrub software on any computer that the sex | ||||||
12 | offender uses; | ||||||
13 | (12) if convicted of a violation of the | ||||||
14 | Methamphetamine Control and Community Protection Act, the | ||||||
15 | Methamphetamine
Precursor Control Act, or a | ||||||
16 | methamphetamine related offense: | ||||||
17 | (A) prohibited from purchasing, possessing, or | ||||||
18 | having under his or her control any product containing | ||||||
19 | pseudoephedrine unless prescribed by a physician; and | ||||||
20 | (B) prohibited from purchasing, possessing, or | ||||||
21 | having under his or her control any product containing | ||||||
22 | ammonium nitrate; and | ||||||
23 | (13) if convicted of a hate crime involving the | ||||||
24 | protected class identified in subsection (a) of Section | ||||||
25 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
26 | offense the offender committed, perform public or |
| |||||||
| |||||||
1 | community service of no less than 200 hours and enroll in | ||||||
2 | an educational program discouraging hate crimes that | ||||||
3 | includes racial, ethnic, and cultural sensitivity training | ||||||
4 | ordered by the court ; . | ||||||
5 | (14) if convicted of a felony, the defendant shall | ||||||
6 | physically surrender, at a time and place designated by | ||||||
7 | the court, all firearms in his or her possession to a law | ||||||
8 | enforcement officer designated by the court to take | ||||||
9 | custody of and impound the firearms and physically | ||||||
10 | surrender his or her Firearm Owner's Identification Card | ||||||
11 | to the law enforcement agency as a condition of remaining | ||||||
12 | on bond pending sentencing. A defendant whose Firearm | ||||||
13 | Owner's Identification Card has been revoked or suspended | ||||||
14 | may petition the court to transfer the defendant's firearm | ||||||
15 | to a person who is lawfully able to possess the firearm if | ||||||
16 | the person does not reside at the same address as the | ||||||
17 | defendant. Any transfer must be conducted under Section 3 | ||||||
18 | of the Firearm Owners Identification Card Act. The | ||||||
19 | transferee who receives the defendant's firearms must | ||||||
20 | swear or affirm by affidavit that he or she shall not | ||||||
21 | transfer the firearm to the defendant or to anyone | ||||||
22 | residing in the same residence as the defendant, until the | ||||||
23 | defendant's Firearm Owner's Identification Card has been | ||||||
24 | reinstated. The law enforcement agency, upon transfer of | ||||||
25 | the firearms, shall require the defendant to complete a | ||||||
26 | Firearm Disposition Record under Section 9.5 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act and provide a copy | ||||||
2 | to the Illinois State Police along with the defendants | ||||||
3 | Firearm Owner's Identification Card; and | ||||||
4 | (15) if the person is under 21 years of age and has | ||||||
5 | been convicted of a misdemeanor offense other than a | ||||||
6 | traffic offense, the defendant shall physically surrender, | ||||||
7 | at a time and place designated by the court, all firearms | ||||||
8 | in his or her possession to a law enforcement officer | ||||||
9 | designated by the court to take custody of and impound the | ||||||
10 | firearms and physically surrender his or her Firearm | ||||||
11 | Owner's Identification Card to the law enforcement agency | ||||||
12 | as a condition of remaining on bond pending sentencing. A | ||||||
13 | defendant whose Firearm Owner's Identification Card has | ||||||
14 | been revoked or suspended may petition the court to | ||||||
15 | transfer the defendant's firearm to a person who is | ||||||
16 | lawfully able to possess the firearm if the person does | ||||||
17 | not reside at the same address as the defendant. Any | ||||||
18 | transfer must be conducted under Section 3 of the Firearm | ||||||
19 | Owners Identification Card Act. The transferee who | ||||||
20 | receives the defendant's firearms must swear or affirm by | ||||||
21 | affidavit that he or she shall not transfer the firearm to | ||||||
22 | the defendant or to anyone residing in the same residence | ||||||
23 | as the defendant, until the defendant's Firearm Owner's | ||||||
24 | Identification Card has been reinstated. The law | ||||||
25 | enforcement agency, upon transfer of the firearms, shall | ||||||
26 | require the defendant to complete a Firearm Disposition |
| |||||||
| |||||||
1 | Record under Section 9.5 of the Firearm Owners | ||||||
2 | Identification Card Act and provide a copy to the Illinois | ||||||
3 | State Police along with the defendants Firearm Owner's | ||||||
4 | Identification Card. | ||||||
5 | (b) The Court may in addition to other reasonable | ||||||
6 | conditions relating to the
nature of the offense or the | ||||||
7 | rehabilitation of the defendant as determined for
each | ||||||
8 | defendant in the proper discretion of the Court require that | ||||||
9 | the person:
| ||||||
10 | (1) serve a term of periodic imprisonment under | ||||||
11 | Article 7 for a
period not to exceed that specified in | ||||||
12 | paragraph (d) of Section 5-7-1;
| ||||||
13 | (2) pay a fine and costs;
| ||||||
14 | (3) work or pursue a course of study or vocational | ||||||
15 | training;
| ||||||
16 | (4) undergo medical, psychological or psychiatric | ||||||
17 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
18 | (5) attend or reside in a facility established for the | ||||||
19 | instruction
or residence of defendants on probation;
| ||||||
20 | (6) support his dependents;
| ||||||
21 | (7) and in addition, if a minor:
| ||||||
22 | (i) reside with his parents or in a foster home;
| ||||||
23 | (ii) attend school;
| ||||||
24 | (iii) attend a non-residential program for youth;
| ||||||
25 | (iv) contribute to his own support at home or in a | ||||||
26 | foster home;
|
| |||||||
| |||||||
1 | (v) with the consent of the superintendent of the
| ||||||
2 | facility, attend an educational program at a facility | ||||||
3 | other than the school
in which the
offense was | ||||||
4 | committed if he
or she is convicted of a crime of | ||||||
5 | violence as
defined in
Section 2 of the Crime Victims | ||||||
6 | Compensation Act committed in a school, on the
real
| ||||||
7 | property
comprising a school, or within 1,000 feet of | ||||||
8 | the real property comprising a
school;
| ||||||
9 | (8) make restitution as provided in Section 5-5-6 of | ||||||
10 | this Code;
| ||||||
11 | (9) perform some reasonable public or community | ||||||
12 | service;
| ||||||
13 | (10) serve a term of home confinement. In addition to | ||||||
14 | any other
applicable condition of probation or conditional | ||||||
15 | discharge, the
conditions of home confinement shall be | ||||||
16 | that the offender:
| ||||||
17 | (i) remain within the interior premises of the | ||||||
18 | place designated for
his confinement during the hours | ||||||
19 | designated by the court;
| ||||||
20 | (ii) admit any person or agent designated by the | ||||||
21 | court into the
offender's place of confinement at any | ||||||
22 | time for purposes of verifying
the offender's | ||||||
23 | compliance with the conditions of his confinement; and
| ||||||
24 | (iii) if further deemed necessary by the court or | ||||||
25 | the
Probation or
Court Services Department, be placed | ||||||
26 | on an approved
electronic monitoring device, subject |
| |||||||
| |||||||
1 | to Article 8A of Chapter V;
| ||||||
2 | (iv) for persons convicted of any alcohol, | ||||||
3 | cannabis or controlled
substance violation who are | ||||||
4 | placed on an approved monitoring device as a
condition | ||||||
5 | of probation or conditional discharge, the court shall | ||||||
6 | impose a
reasonable fee for each day of the use of the | ||||||
7 | device, as established by the
county board in | ||||||
8 | subsection (g) of this Section, unless after | ||||||
9 | determining the
inability of the offender to pay the | ||||||
10 | fee, the court assesses a lesser fee or no
fee as the | ||||||
11 | case may be. This fee shall be imposed in addition to | ||||||
12 | the fees
imposed under subsections (g) and (i) of this | ||||||
13 | Section. The fee shall be
collected by the clerk of the | ||||||
14 | circuit court, except as provided in an administrative | ||||||
15 | order of the Chief Judge of the circuit court. The | ||||||
16 | clerk of the circuit
court shall pay all monies | ||||||
17 | collected from this fee to the county treasurer
for | ||||||
18 | deposit in the substance abuse services fund under | ||||||
19 | Section 5-1086.1 of
the Counties Code, except as | ||||||
20 | provided in an administrative order of the Chief Judge | ||||||
21 | of the circuit court. | ||||||
22 | The Chief Judge of the circuit court of the county | ||||||
23 | may by administrative order establish a program for | ||||||
24 | electronic monitoring of offenders, in which a vendor | ||||||
25 | supplies and monitors the operation of the electronic | ||||||
26 | monitoring device, and collects the fees on behalf of |
| |||||||
| |||||||
1 | the county. The program shall include provisions for | ||||||
2 | indigent offenders and the collection of unpaid fees. | ||||||
3 | The program shall not unduly burden the offender and | ||||||
4 | shall be subject to review by the Chief Judge. | ||||||
5 | The Chief Judge of the circuit court may suspend | ||||||
6 | any additional charges or fees for late payment, | ||||||
7 | interest, or damage to any device; and
| ||||||
8 | (v) for persons convicted of offenses other than | ||||||
9 | those referenced in
clause (iv) above and who are | ||||||
10 | placed on an approved monitoring device as a
condition | ||||||
11 | of probation or conditional discharge, the court shall | ||||||
12 | impose
a reasonable fee for each day of the use of the | ||||||
13 | device, as established by the
county board in | ||||||
14 | subsection (g) of this Section, unless after | ||||||
15 | determining the
inability of the defendant to pay the | ||||||
16 | fee, the court assesses a lesser fee or
no fee as the | ||||||
17 | case may be. This fee shall be imposed in addition to | ||||||
18 | the fees
imposed under subsections (g) and (i) of this | ||||||
19 | Section. The fee
shall be collected by the clerk of the | ||||||
20 | circuit court, except as provided in an administrative | ||||||
21 | order of the Chief Judge of the circuit court. The | ||||||
22 | clerk of the circuit
court shall pay all monies | ||||||
23 | collected from this fee
to the county treasurer who | ||||||
24 | shall use the monies collected to defray the
costs of | ||||||
25 | corrections. The county treasurer shall deposit the | ||||||
26 | fee
collected in the probation and court services |
| |||||||
| |||||||
1 | fund.
The Chief Judge of the circuit court of the | ||||||
2 | county may by administrative order establish a program | ||||||
3 | for electronic monitoring of offenders, in which a | ||||||
4 | vendor supplies and monitors the operation of the | ||||||
5 | electronic monitoring device, and collects the fees on | ||||||
6 | behalf of the county. The program shall include | ||||||
7 | provisions for indigent offenders and the collection | ||||||
8 | of unpaid fees. The program shall not unduly burden | ||||||
9 | the offender and shall be subject to review by the | ||||||
10 | Chief Judge.
| ||||||
11 | The Chief Judge of the circuit court may suspend | ||||||
12 | any additional charges or fees for late payment, | ||||||
13 | interest, or damage to any device. | ||||||
14 | (11) comply with the terms and conditions of an order | ||||||
15 | of protection issued
by the court pursuant to the Illinois | ||||||
16 | Domestic Violence Act of 1986,
as now or hereafter | ||||||
17 | amended, or an order of protection issued by the court of
| ||||||
18 | another state, tribe, or United States territory. A copy | ||||||
19 | of the order of
protection shall be
transmitted to the | ||||||
20 | probation officer or agency
having responsibility for the | ||||||
21 | case;
| ||||||
22 | (12) reimburse any "local anti-crime program" as | ||||||
23 | defined in Section 7
of the Anti-Crime Advisory Council | ||||||
24 | Act for any reasonable expenses incurred
by the program on | ||||||
25 | the offender's case, not to exceed the maximum amount of
| ||||||
26 | the fine authorized for the offense for which the |
| |||||||
| |||||||
1 | defendant was sentenced;
| ||||||
2 | (13) contribute a reasonable sum of money, not to | ||||||
3 | exceed the maximum
amount of the fine authorized for the
| ||||||
4 | offense for which the defendant was sentenced, (i) to a | ||||||
5 | "local anti-crime
program", as defined in Section 7 of the | ||||||
6 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
7 | under the jurisdiction of the Department of Natural | ||||||
8 | Resources, to the fund established by the Department of | ||||||
9 | Natural Resources for the purchase of evidence for | ||||||
10 | investigation purposes and to conduct investigations as | ||||||
11 | outlined in Section 805-105 of the Department of Natural | ||||||
12 | Resources (Conservation) Law;
| ||||||
13 | (14) refrain from entering into a designated | ||||||
14 | geographic area except upon
such terms as the court finds | ||||||
15 | appropriate. Such terms may include
consideration of the | ||||||
16 | purpose of the entry, the time of day, other persons
| ||||||
17 | accompanying the defendant, and advance approval by a
| ||||||
18 | probation officer, if
the defendant has been placed on | ||||||
19 | probation or advance approval by the
court, if the | ||||||
20 | defendant was placed on conditional discharge;
| ||||||
21 | (15) refrain from having any contact, directly or | ||||||
22 | indirectly, with
certain specified persons or particular | ||||||
23 | types of persons, including but not
limited to members of | ||||||
24 | street gangs and drug users or dealers;
| ||||||
25 | (16) refrain from having in his or her body the | ||||||
26 | presence of any illicit
drug prohibited by the Cannabis |
| |||||||
| |||||||
1 | Control Act, the Illinois Controlled
Substances Act, or | ||||||
2 | the Methamphetamine Control and Community Protection Act, | ||||||
3 | unless prescribed by a physician, and submit samples of
| ||||||
4 | his or her blood or urine or both for tests to determine | ||||||
5 | the presence of any
illicit drug;
| ||||||
6 | (17) if convicted for an offense committed on or after | ||||||
7 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
8 | that would qualify the accused as a child sex offender as | ||||||
9 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
11 | communicating with or contacting, by means of the | ||||||
12 | Internet, a person who is related to the accused and whom | ||||||
13 | the accused reasonably believes to be under 18 years of | ||||||
14 | age; for purposes of this paragraph (17), "Internet" has | ||||||
15 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
16 | Criminal Code of 2012; and a person is related to the | ||||||
17 | accused if the person is: (i) the spouse, brother, or | ||||||
18 | sister of the accused; (ii) a descendant of the accused; | ||||||
19 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
20 | step-child or adopted child of the accused; | ||||||
21 | (18) if convicted for an offense committed on or after | ||||||
22 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
23 | that would qualify as a sex offense as defined in the Sex | ||||||
24 | Offender Registration Act: | ||||||
25 | (i) not access or use a computer or any other | ||||||
26 | device with Internet capability without the prior |
| |||||||
| |||||||
1 | written approval of the offender's probation officer, | ||||||
2 | except in connection with the offender's employment or | ||||||
3 | search for employment with the prior approval of the | ||||||
4 | offender's probation officer; | ||||||
5 | (ii) submit to periodic unannounced examinations | ||||||
6 | of the offender's computer or any other device with | ||||||
7 | Internet capability by the offender's probation | ||||||
8 | officer, a law enforcement officer, or assigned | ||||||
9 | computer or information technology specialist, | ||||||
10 | including the retrieval and copying of all data from | ||||||
11 | the computer or device and any internal or external | ||||||
12 | peripherals and removal of such information, | ||||||
13 | equipment, or device to conduct a more thorough | ||||||
14 | inspection; | ||||||
15 | (iii) submit to the installation on the offender's | ||||||
16 | computer or device with Internet capability, at the | ||||||
17 | subject's expense, of one or more hardware or software | ||||||
18 | systems to monitor the Internet use; and | ||||||
19 | (iv) submit to any other appropriate restrictions | ||||||
20 | concerning the offender's use of or access to a | ||||||
21 | computer or any other device with Internet capability | ||||||
22 | imposed by the offender's probation officer; and | ||||||
23 | (19) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon where the offense is a misdemeanor that | ||||||
25 | did not involve the intentional or knowing infliction of | ||||||
26 | bodily harm or threat of bodily harm. |
| |||||||
| |||||||
1 | (c) The court may as a condition of probation or of | ||||||
2 | conditional
discharge require that a person under 18 years of | ||||||
3 | age found guilty of any
alcohol, cannabis or controlled | ||||||
4 | substance violation, refrain from acquiring
a driver's license | ||||||
5 | during
the period of probation or conditional discharge. If | ||||||
6 | such person
is in possession of a permit or license, the court | ||||||
7 | may require that
the minor refrain from driving or operating | ||||||
8 | any motor vehicle during the
period of probation or | ||||||
9 | conditional discharge, except as may be necessary in
the | ||||||
10 | course of the minor's lawful employment.
| ||||||
11 | (d) An offender sentenced to probation or to conditional | ||||||
12 | discharge
shall be given a certificate setting forth the | ||||||
13 | conditions thereof.
| ||||||
14 | (e) Except where the offender has committed a fourth or | ||||||
15 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
16 | Illinois Vehicle Code,
the court shall not require as a | ||||||
17 | condition of the sentence of
probation or conditional | ||||||
18 | discharge that the offender be committed to a
period of | ||||||
19 | imprisonment in excess of 6 months.
This 6-month limit shall | ||||||
20 | not include periods of confinement given pursuant to
a | ||||||
21 | sentence of county impact incarceration under Section 5-8-1.2.
| ||||||
22 | Persons committed to imprisonment as a condition of | ||||||
23 | probation or
conditional discharge shall not be committed to | ||||||
24 | the Department of
Corrections.
| ||||||
25 | (f) The court may combine a sentence of periodic | ||||||
26 | imprisonment under
Article 7 or a sentence to a county impact |
| |||||||
| |||||||
1 | incarceration program under
Article 8 with a sentence of | ||||||
2 | probation or conditional discharge.
| ||||||
3 | (g) An offender sentenced to probation or to conditional | ||||||
4 | discharge and
who during the term of either undergoes | ||||||
5 | mandatory drug or alcohol testing,
or both, or is assigned to | ||||||
6 | be placed on an approved electronic monitoring
device, shall | ||||||
7 | be ordered to pay all costs incidental to such mandatory drug
| ||||||
8 | or alcohol testing, or both, and all costs
incidental to such | ||||||
9 | approved electronic monitoring in accordance with the
| ||||||
10 | defendant's ability to pay those costs. The county board with
| ||||||
11 | the concurrence of the Chief Judge of the judicial
circuit in | ||||||
12 | which the county is located shall establish reasonable fees | ||||||
13 | for
the cost of maintenance, testing, and incidental expenses | ||||||
14 | related to the
mandatory drug or alcohol testing, or both, and | ||||||
15 | all costs incidental to
approved electronic monitoring, | ||||||
16 | involved in a successful probation program
for the county. The | ||||||
17 | concurrence of the Chief Judge shall be in the form of
an | ||||||
18 | administrative order.
The fees shall be collected by the clerk | ||||||
19 | of the circuit court, except as provided in an administrative | ||||||
20 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
21 | circuit court shall pay all moneys collected from these fees | ||||||
22 | to the county
treasurer who shall use the moneys collected to | ||||||
23 | defray the costs of
drug testing, alcohol testing, and | ||||||
24 | electronic monitoring.
The county treasurer shall deposit the | ||||||
25 | fees collected in the
county working cash fund under Section | ||||||
26 | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
| |||||||
| |||||||
1 | may be.
The Chief Judge of the circuit court of the county may | ||||||
2 | by administrative order establish a program for electronic | ||||||
3 | monitoring of offenders, in which a vendor supplies and | ||||||
4 | monitors the operation of the electronic monitoring device, | ||||||
5 | and collects the fees on behalf of the county. The program | ||||||
6 | shall include provisions for indigent offenders and the | ||||||
7 | collection of unpaid fees. The program shall not unduly burden | ||||||
8 | the offender and shall be subject to review by the Chief Judge.
| ||||||
9 | The Chief Judge of the circuit court may suspend any | ||||||
10 | additional charges or fees for late payment, interest, or | ||||||
11 | damage to any device. | ||||||
12 | (h) Jurisdiction over an offender may be transferred from | ||||||
13 | the
sentencing court to the court of another circuit with the | ||||||
14 | concurrence of
both courts. Further transfers or retransfers | ||||||
15 | of
jurisdiction are also
authorized in the same manner. The | ||||||
16 | court to which jurisdiction has been
transferred shall have | ||||||
17 | the same powers as the sentencing court.
The probation | ||||||
18 | department within the circuit to which jurisdiction has been | ||||||
19 | transferred, or which has agreed to provide supervision, may | ||||||
20 | impose probation fees upon receiving the transferred offender, | ||||||
21 | as provided in subsection (i). For all transfer cases, as | ||||||
22 | defined in Section 9b of the Probation and Probation Officers | ||||||
23 | Act, the probation department from the original sentencing | ||||||
24 | court shall retain all probation fees collected prior to the | ||||||
25 | transfer. After the transfer,
all probation fees shall be paid | ||||||
26 | to the probation department within the
circuit to which |
| |||||||
| |||||||
1 | jurisdiction has been transferred.
| ||||||
2 | (i) The court shall impose upon an offender
sentenced to | ||||||
3 | probation after January 1, 1989 or to conditional discharge
| ||||||
4 | after January 1, 1992 or to community service under the | ||||||
5 | supervision of a
probation or court services department after | ||||||
6 | January 1, 2004, as a condition of such probation or | ||||||
7 | conditional
discharge or supervised community service, a fee | ||||||
8 | of $50
for each month of probation or
conditional
discharge | ||||||
9 | supervision or supervised community service ordered by the | ||||||
10 | court, unless after
determining the inability of the person | ||||||
11 | sentenced to probation or conditional
discharge or supervised | ||||||
12 | community service to pay the
fee, the court assesses a lesser | ||||||
13 | fee. The court may not impose the fee on a
minor who is placed | ||||||
14 | in the guardianship or custody of the Department of Children | ||||||
15 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
16 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
17 | an offender who is actively supervised by the
probation and | ||||||
18 | court services
department. The fee shall be collected by the | ||||||
19 | clerk
of the circuit court. The clerk of the circuit court | ||||||
20 | shall pay all monies
collected from this fee to the county | ||||||
21 | treasurer for deposit in the
probation and court services fund | ||||||
22 | under Section 15.1 of the
Probation and Probation Officers | ||||||
23 | Act.
| ||||||
24 | A circuit court may not impose a probation fee under this | ||||||
25 | subsection (i) in excess of $25
per month unless the circuit | ||||||
26 | court has adopted, by administrative
order issued by the chief |
| |||||||
| |||||||
1 | judge, a standard probation fee guide
determining an | ||||||
2 | offender's ability to pay . Of the
amount collected as a | ||||||
3 | probation fee, up to $5 of that fee
collected per month may be | ||||||
4 | used to provide services to crime victims
and their families. | ||||||
5 | The Court may only waive probation fees based on an | ||||||
6 | offender's ability to pay. The probation department may | ||||||
7 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
8 | with the approval of the Director of Court Services or the | ||||||
9 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
10 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
11 | offender that has been assigned to the supervision of a | ||||||
12 | probation department, or has been transferred either under | ||||||
13 | subsection (h) of this Section or under any interstate | ||||||
14 | compact, shall be required to pay probation fees to the | ||||||
15 | department supervising the offender, based on the offender's | ||||||
16 | ability to pay.
| ||||||
17 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
18 | under this subsection that was imposed by Public Act 93-616. | ||||||
19 | This deletion is intended to control over any other Act of the | ||||||
20 | 93rd General Assembly that retains or incorporates that fee | ||||||
21 | increase. | ||||||
22 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
23 | of this Section, in the case of an offender convicted of a | ||||||
24 | felony sex offense (as defined in the Sex Offender Management | ||||||
25 | Board Act) or an offense that the court or probation | ||||||
26 | department has determined to be sexually motivated (as defined |
| |||||||
| |||||||
1 | in the Sex Offender Management Board Act), the court or the | ||||||
2 | probation department shall assess additional fees to pay for | ||||||
3 | all costs of treatment, assessment, evaluation for risk and | ||||||
4 | treatment, and monitoring the offender, based on that | ||||||
5 | offender's ability to pay those costs either as they occur or | ||||||
6 | under a payment plan. | ||||||
7 | (j) All fines and costs imposed under this Section for any | ||||||
8 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
9 | Code, or a similar
provision of a local ordinance, and any | ||||||
10 | violation of the Child Passenger
Protection Act, or a similar | ||||||
11 | provision of a local ordinance, shall be
collected and | ||||||
12 | disbursed by the circuit clerk as provided under the Criminal | ||||||
13 | and Traffic Assessment Act.
| ||||||
14 | (k) Any offender who is sentenced to probation or | ||||||
15 | conditional discharge for a felony sex offense as defined in | ||||||
16 | the Sex Offender Management Board Act or any offense that the | ||||||
17 | court or probation department has determined to be sexually | ||||||
18 | motivated as defined in the Sex Offender Management Board Act | ||||||
19 | shall be required to refrain from any contact, directly or | ||||||
20 | indirectly, with any persons specified by the court and shall | ||||||
21 | be available for all evaluations and treatment programs | ||||||
22 | required by the court or the probation department.
| ||||||
23 | (l) The court may order an offender who is sentenced to | ||||||
24 | probation or conditional
discharge for a violation of an order | ||||||
25 | of protection be placed under electronic surveillance as | ||||||
26 | provided in Section 5-8A-7 of this Code. |
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1 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
2 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
3 | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.) | ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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