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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 3. The Open Meetings Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows:
| |||||||||||||||||||
6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| |||||||||||||||||||
7 | Sec. 2. Open meetings.
| |||||||||||||||||||
8 | (a) Openness required. All meetings of public
bodies shall | |||||||||||||||||||
9 | be open to the public unless excepted in subsection (c)
and | |||||||||||||||||||
10 | closed in accordance with Section 2a.
| |||||||||||||||||||
11 | (b) Construction of exceptions. The exceptions contained | |||||||||||||||||||
12 | in subsection
(c) are in derogation of the requirement that | |||||||||||||||||||
13 | public bodies
meet in the open, and therefore, the exceptions | |||||||||||||||||||
14 | are to be strictly
construed, extending only to subjects | |||||||||||||||||||
15 | clearly within their scope.
The exceptions authorize but do | |||||||||||||||||||
16 | not require the holding of
a closed meeting to discuss a | |||||||||||||||||||
17 | subject included within an enumerated exception.
| |||||||||||||||||||
18 | (c) Exceptions. A public body may hold closed meetings to | |||||||||||||||||||
19 | consider the
following subjects:
| |||||||||||||||||||
20 | (1) The appointment, employment, compensation, | |||||||||||||||||||
21 | discipline, performance,
or dismissal of specific | |||||||||||||||||||
22 | employees, specific individuals who serve as independent | |||||||||||||||||||
23 | contractors in a park, recreational, or educational |
| |||||||
| |||||||
1 | setting, or specific volunteers of the public body or | ||||||
2 | legal counsel for
the public body, including hearing
| ||||||
3 | testimony on a complaint lodged against an employee, a | ||||||
4 | specific individual who serves as an independent | ||||||
5 | contractor in a park, recreational, or educational | ||||||
6 | setting, or a volunteer of the public body or
against | ||||||
7 | legal counsel for the public body to determine its | ||||||
8 | validity. However, a meeting to consider an increase in | ||||||
9 | compensation to a specific employee of a public body that | ||||||
10 | is subject to the Local Government Wage Increase | ||||||
11 | Transparency Act may not be closed and shall be open to the | ||||||
12 | public and posted and held in accordance with this Act.
| ||||||
13 | (2) Collective negotiating matters between the public | ||||||
14 | body and its
employees or their representatives, or | ||||||
15 | deliberations concerning salary
schedules for one or more | ||||||
16 | classes of employees.
| ||||||
17 | (3) The selection of a person to fill a public office,
| ||||||
18 | as defined in this Act, including a vacancy in a public | ||||||
19 | office, when the public
body is given power to appoint | ||||||
20 | under law or ordinance, or the discipline,
performance or | ||||||
21 | removal of the occupant of a public office, when the | ||||||
22 | public body
is given power to remove the occupant under | ||||||
23 | law or ordinance.
| ||||||
24 | (4) Evidence or testimony presented in open hearing, | ||||||
25 | or in closed
hearing where specifically authorized by law, | ||||||
26 | to
a quasi-adjudicative body, as defined in this Act, |
| |||||||
| |||||||
1 | provided that the body
prepares and makes available for | ||||||
2 | public inspection a written decision
setting forth its | ||||||
3 | determinative reasoning.
| ||||||
4 | (5) The purchase or lease of real property for the use | ||||||
5 | of
the public body, including meetings held for the | ||||||
6 | purpose of discussing
whether a particular parcel should | ||||||
7 | be acquired.
| ||||||
8 | (6) The setting of a price for sale or lease of | ||||||
9 | property owned
by the public body.
| ||||||
10 | (7) The sale or purchase of securities, investments, | ||||||
11 | or investment
contracts. This exception shall not apply to | ||||||
12 | the investment of assets or income of funds deposited into | ||||||
13 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
14 | (8) Security procedures, school building safety and | ||||||
15 | security, and the use of personnel and
equipment to | ||||||
16 | respond to an actual, a threatened, or a reasonably
| ||||||
17 | potential danger to the safety of employees, students, | ||||||
18 | staff, the public, or
public
property.
| ||||||
19 | (9) Student disciplinary cases.
| ||||||
20 | (10) The placement of individual students in special | ||||||
21 | education
programs and other matters relating to | ||||||
22 | individual students.
| ||||||
23 | (11) Litigation, when an action against, affecting or | ||||||
24 | on behalf of the
particular public body has been filed and | ||||||
25 | is pending before a court or
administrative tribunal, or | ||||||
26 | when the public body finds that an action is
probable or |
| |||||||
| |||||||
1 | imminent, in which case the basis for the finding shall be
| ||||||
2 | recorded and entered into the minutes of the closed | ||||||
3 | meeting.
| ||||||
4 | (12) The establishment of reserves or settlement of | ||||||
5 | claims as provided
in the Local Governmental and | ||||||
6 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
7 | disposition of a claim or potential claim might be
| ||||||
8 | prejudiced, or the review or discussion of claims, loss or | ||||||
9 | risk management
information, records, data, advice or | ||||||
10 | communications from or with respect
to any insurer of the | ||||||
11 | public body or any intergovernmental risk management
| ||||||
12 | association or self insurance pool of which the public | ||||||
13 | body is a member.
| ||||||
14 | (13) Conciliation of complaints of discrimination in | ||||||
15 | the sale or rental
of housing, when closed meetings are | ||||||
16 | authorized by the law or ordinance
prescribing fair | ||||||
17 | housing practices and creating a commission or
| ||||||
18 | administrative agency for their enforcement.
| ||||||
19 | (14) Informant sources, the hiring or assignment of | ||||||
20 | undercover personnel
or equipment, or ongoing, prior or | ||||||
21 | future criminal investigations, when
discussed by a public | ||||||
22 | body with criminal investigatory responsibilities.
| ||||||
23 | (15) Professional ethics or performance when | ||||||
24 | considered by an advisory
body appointed to advise a | ||||||
25 | licensing or regulatory agency on matters
germane to the | ||||||
26 | advisory body's field of competence.
|
| |||||||
| |||||||
1 | (16) Self evaluation, practices and procedures or | ||||||
2 | professional ethics,
when meeting with a representative of | ||||||
3 | a statewide association of which the
public body is a | ||||||
4 | member.
| ||||||
5 | (17) The recruitment, credentialing, discipline or | ||||||
6 | formal peer review
of physicians or other
health care | ||||||
7 | professionals, or for the discussion of matters protected | ||||||
8 | under the federal Patient Safety and Quality Improvement | ||||||
9 | Act of 2005, and the regulations promulgated thereunder, | ||||||
10 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
11 | Health Insurance Portability and Accountability Act of | ||||||
12 | 1996, and the regulations promulgated thereunder, | ||||||
13 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
14 | hospital, or
other institution providing medical care, | ||||||
15 | that is operated by the public body.
| ||||||
16 | (18) Deliberations for decisions of the Prisoner | ||||||
17 | Review Board.
| ||||||
18 | (19) Review or discussion of applications received | ||||||
19 | under the
Experimental Organ Transplantation Procedures | ||||||
20 | Act.
| ||||||
21 | (20) The classification and discussion of matters | ||||||
22 | classified as
confidential or continued confidential by | ||||||
23 | the State Government Suggestion Award
Board.
| ||||||
24 | (21) Discussion of minutes of meetings lawfully closed | ||||||
25 | under this Act,
whether for purposes of approval by the | ||||||
26 | body of the minutes or semi-annual
review of the minutes |
| |||||||
| |||||||
1 | as mandated by Section 2.06.
| ||||||
2 | (22) Deliberations for decisions of the State
| ||||||
3 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
4 | (23) The operation by a municipality of a municipal | ||||||
5 | utility or the
operation of a
municipal power agency or | ||||||
6 | municipal natural gas agency when the
discussion involves | ||||||
7 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
8 | of electricity or natural gas or (ii) the results
or | ||||||
9 | conclusions of load forecast studies.
| ||||||
10 | (24) Meetings of a residential health care facility | ||||||
11 | resident sexual
assault and death review
team or
the | ||||||
12 | Executive
Council under the Abuse Prevention Review
Team | ||||||
13 | Act.
| ||||||
14 | (25) Meetings of an independent team of experts under | ||||||
15 | Brian's Law. | ||||||
16 | (26) Meetings of a mortality review team appointed | ||||||
17 | under the Department of Juvenile Justice Mortality Review | ||||||
18 | Team Act. | ||||||
19 | (27) (Blank). | ||||||
20 | (28) Correspondence and records (i) that may not be | ||||||
21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
23 | the Illinois Public Aid Code. | ||||||
24 | (29) Meetings between internal or external auditors | ||||||
25 | and governmental audit committees, finance committees, and | ||||||
26 | their equivalents, when the discussion involves internal |
| |||||||
| |||||||
1 | control weaknesses, identification of potential fraud risk | ||||||
2 | areas, known or suspected frauds, and fraud interviews | ||||||
3 | conducted in accordance with generally accepted auditing | ||||||
4 | standards of the United States of America. | ||||||
5 | (30) Those meetings or portions of meetings of a | ||||||
6 | fatality review team or the Illinois Fatality Review Team | ||||||
7 | Advisory Council during which a review of the death of an | ||||||
8 | eligible adult in which abuse or neglect is suspected, | ||||||
9 | alleged, or substantiated is conducted pursuant to Section | ||||||
10 | 15 of the Adult Protective Services Act. | ||||||
11 | (31) Meetings and deliberations for decisions of the | ||||||
12 | Concealed Carry Licensing Review Board under the Firearm | ||||||
13 | Concealed Carry Act. | ||||||
14 | (32) Meetings between the Regional Transportation | ||||||
15 | Authority Board and its Service Boards when the discussion | ||||||
16 | involves review by the Regional Transportation Authority | ||||||
17 | Board of employment contracts under Section 28d of the | ||||||
18 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
19 | 3B.26 of the Regional Transportation Authority Act. | ||||||
20 | (33) Those meetings or portions of meetings of the | ||||||
21 | advisory committee and peer review subcommittee created | ||||||
22 | under Section 320 of the Illinois Controlled Substances | ||||||
23 | Act during which specific controlled substance prescriber, | ||||||
24 | dispenser, or patient information is discussed. | ||||||
25 | (34) Meetings of the Tax Increment Financing Reform | ||||||
26 | Task Force under Section 2505-800 of the Department of |
| |||||||
| |||||||
1 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
2 | (35) Meetings of the group established to discuss | ||||||
3 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
4 | Illinois Public Aid Code. | ||||||
5 | (36) Those deliberations or portions of deliberations | ||||||
6 | for decisions of the Illinois Gaming Board in which there | ||||||
7 | is discussed any of the following: (i) personal, | ||||||
8 | commercial, financial, or other information obtained from | ||||||
9 | any source that is privileged, proprietary, confidential, | ||||||
10 | or a trade secret; or (ii) information specifically | ||||||
11 | exempted from the disclosure by federal or State law. | ||||||
12 | (37) Deliberations for decisions of the Illinois Law
| ||||||
13 | Enforcement Training Standards Board, the Certification | ||||||
14 | Review Panel, and the Illinois State Police Merit Board | ||||||
15 | regarding certification and decertification. | ||||||
16 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
17 | Violence Fatality Review Committee of the Illinois | ||||||
18 | Criminal
Justice Information Authority Board that occur in | ||||||
19 | closed executive session under subsection (d) of Section | ||||||
20 | 35 of the Domestic Violence Fatality Review Act. | ||||||
21 | (39) Meetings of the regional review teams under | ||||||
22 | subsection (a) of Section 75 of the Domestic Violence | ||||||
23 | Fatality Review Act. | ||||||
24 | (40) (38) Meetings of the Firearm Owner's | ||||||
25 | Identification Card Review Board under Section 10 of the | ||||||
26 | Firearm Owners Identification Card Act before the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 102nd General | ||||||
2 | Assembly . | ||||||
3 | (d) Definitions. For purposes of this Section:
| ||||||
4 | "Employee" means a person employed by a public body whose | ||||||
5 | relationship
with the public body constitutes an | ||||||
6 | employer-employee relationship under
the usual common law | ||||||
7 | rules, and who is not an independent contractor.
| ||||||
8 | "Public office" means a position created by or under the
| ||||||
9 | Constitution or laws of this State, the occupant of which is | ||||||
10 | charged with
the exercise of some portion of the sovereign | ||||||
11 | power of this State. The term
"public office" shall include | ||||||
12 | members of the public body, but it shall not
include | ||||||
13 | organizational positions filled by members thereof, whether
| ||||||
14 | established by law or by a public body itself, that exist to | ||||||
15 | assist the
body in the conduct of its business.
| ||||||
16 | "Quasi-adjudicative body" means an administrative body | ||||||
17 | charged by law or
ordinance with the responsibility to conduct | ||||||
18 | hearings, receive evidence or
testimony and make | ||||||
19 | determinations based
thereon, but does not include
local | ||||||
20 | electoral boards when such bodies are considering petition | ||||||
21 | challenges.
| ||||||
22 | (e) Final action. No final action may be taken at a closed | ||||||
23 | meeting.
Final action shall be preceded by a public recital of | ||||||
24 | the nature of the
matter being considered and other | ||||||
25 | information that will inform the
public of the business being | ||||||
26 | conducted.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
2 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
3 | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.) | ||||||
4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
| ||||||
6 | (5 ILCS 140/7.5)
| ||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other | ||||||
19 | records prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating | ||||||
24 | to known or suspected cases of sexually transmissible |
| |||||||
| |||||||
1 | disease or any information the disclosure of which is | ||||||
2 | restricted under the Illinois Sexually Transmissible | ||||||
3 | Disease Control Act. | ||||||
4 | (e) Information the disclosure of which is exempted | ||||||
5 | under Section 30 of the Radon Industry Licensing Act. | ||||||
6 | (f) Firm performance evaluations under Section 55 of | ||||||
7 | the Architectural, Engineering, and Land Surveying | ||||||
8 | Qualifications Based Selection Act. | ||||||
9 | (g) Information the disclosure of which is restricted | ||||||
10 | and exempted under Section 50 of the Illinois Prepaid | ||||||
11 | Tuition Act. | ||||||
12 | (h) Information the disclosure of which is exempted | ||||||
13 | under the State Officials and Employees Ethics Act, and | ||||||
14 | records of any lawfully created State or local inspector | ||||||
15 | general's office that would be exempt if created or | ||||||
16 | obtained by an Executive Inspector General's office under | ||||||
17 | that Act. | ||||||
18 | (i) Information contained in a local emergency energy | ||||||
19 | plan submitted to a municipality in accordance with a | ||||||
20 | local emergency energy plan ordinance that is adopted | ||||||
21 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
22 | (j) Information and data concerning the distribution | ||||||
23 | of surcharge moneys collected and remitted by carriers | ||||||
24 | under the Emergency Telephone System Act. | ||||||
25 | (k) Law enforcement officer identification information | ||||||
26 | or driver identification information compiled by a law |
| |||||||
| |||||||
1 | enforcement agency or the Department of Transportation | ||||||
2 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
3 | (l) Records and information provided to a residential | ||||||
4 | health care facility resident sexual assault and death | ||||||
5 | review team or the Executive Council under the Abuse | ||||||
6 | Prevention Review Team Act. | ||||||
7 | (m) Information provided to the predatory lending | ||||||
8 | database created pursuant to Article 3 of the Residential | ||||||
9 | Real Property Disclosure Act, except to the extent | ||||||
10 | authorized under that Article. | ||||||
11 | (n) Defense budgets and petitions for certification of | ||||||
12 | compensation and expenses for court appointed trial | ||||||
13 | counsel as provided under Sections 10 and 15 of the | ||||||
14 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
15 | apply until the conclusion of the trial of the case, even | ||||||
16 | if the prosecution chooses not to pursue the death penalty | ||||||
17 | prior to trial or sentencing. | ||||||
18 | (o) Information that is prohibited from being | ||||||
19 | disclosed under Section 4 of the Illinois Health and | ||||||
20 | Hazardous Substances Registry Act. | ||||||
21 | (p) Security portions of system safety program plans, | ||||||
22 | investigation reports, surveys, schedules, lists, data, or | ||||||
23 | information compiled, collected, or prepared by or for the | ||||||
24 | Department of Transportation under Sections 2705-300 and | ||||||
25 | 2705-616 of the Department of Transportation Law of the | ||||||
26 | Civil Administrative Code of Illinois, the Regional |
| |||||||
| |||||||
1 | Transportation Authority under Section 2.11 of the | ||||||
2 | Regional Transportation Authority Act, or the St. Clair | ||||||
3 | County Transit District under the Bi-State Transit Safety | ||||||
4 | Act. | ||||||
5 | (q) Information prohibited from being disclosed by the | ||||||
6 | Personnel Record Review Act. | ||||||
7 | (r) Information prohibited from being disclosed by the | ||||||
8 | Illinois School Student Records Act. | ||||||
9 | (s) Information the disclosure of which is restricted | ||||||
10 | under Section 5-108 of the Public Utilities Act.
| ||||||
11 | (t) All identified or deidentified health information | ||||||
12 | in the form of health data or medical records contained | ||||||
13 | in, stored in, submitted to, transferred by, or released | ||||||
14 | from the Illinois Health Information Exchange, and | ||||||
15 | identified or deidentified health information in the form | ||||||
16 | of health data and medical records of the Illinois Health | ||||||
17 | Information Exchange in the possession of the Illinois | ||||||
18 | Health Information Exchange Office due to its | ||||||
19 | administration of the Illinois Health Information | ||||||
20 | Exchange. The terms "identified" and "deidentified" shall | ||||||
21 | be given the same meaning as in the Health Insurance | ||||||
22 | Portability and Accountability Act of 1996, Public Law | ||||||
23 | 104-191, or any subsequent amendments thereto, and any | ||||||
24 | regulations promulgated thereunder. | ||||||
25 | (u) Records and information provided to an independent | ||||||
26 | team of experts under the Developmental Disability and |
| |||||||
| |||||||
1 | Mental Health Safety Act (also known as Brian's Law). | ||||||
2 | (v) Names and information of people who have applied | ||||||
3 | for or received Firearm Owner's Identification Cards under | ||||||
4 | the Firearm Owners Identification Card Act before the | ||||||
5 | effective date of this amendatory Act of the 102nd General | ||||||
6 | Assembly or applied for or received a concealed carry | ||||||
7 | license under the Firearm Concealed Carry Act, unless | ||||||
8 | otherwise authorized by the Firearm Concealed Carry Act; | ||||||
9 | and databases under the Firearm Concealed Carry Act, | ||||||
10 | records of the Concealed Carry Licensing Review Board | ||||||
11 | under the Firearm Concealed Carry Act, and law enforcement | ||||||
12 | agency objections under the Firearm Concealed Carry Act. | ||||||
13 | (v-5) Records of the Firearm Owner's Identification | ||||||
14 | Card Review Board that are exempted from disclosure under | ||||||
15 | Section 10 of the Firearm Owners Identification Card Act | ||||||
16 | before the effective date of this amendatory Act of the | ||||||
17 | 102nd General Assembly . | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
| |||||||
| |||||||
1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of | ||||||
4 | an eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (ff) Information that is exempted from disclosure | ||||||
23 | under the Revised Uniform Unclaimed Property Act. | ||||||
24 | (gg) Information that is prohibited from being | ||||||
25 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
26 | Code. |
| |||||||
| |||||||
1 | (hh) Records that are exempt from disclosure under | ||||||
2 | Section 1A-16.7 of the Election Code. | ||||||
3 | (ii) Information which is exempted from disclosure | ||||||
4 | under Section 2505-800 of the Department of Revenue Law of | ||||||
5 | the Civil Administrative Code of Illinois. | ||||||
6 | (jj) Information and reports that are required to be | ||||||
7 | submitted to the Department of Labor by registering day | ||||||
8 | and temporary labor service agencies but are exempt from | ||||||
9 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
10 | and Temporary Labor Services Act. | ||||||
11 | (kk) Information prohibited from disclosure under the | ||||||
12 | Seizure and Forfeiture Reporting Act. | ||||||
13 | (ll) Information the disclosure of which is restricted | ||||||
14 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
15 | Aid Code. | ||||||
16 | (mm) Records that are exempt from disclosure under | ||||||
17 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
18 | (nn) Information that is exempt from disclosure under | ||||||
19 | Section 70 of the Higher Education Student Assistance Act. | ||||||
20 | (oo) Communications, notes, records, and reports | ||||||
21 | arising out of a peer support counseling session | ||||||
22 | prohibited from disclosure under the First Responders | ||||||
23 | Suicide Prevention Act. | ||||||
24 | (pp) Names and all identifying information relating to | ||||||
25 | an employee of an emergency services provider or law | ||||||
26 | enforcement agency under the First Responders Suicide |
| |||||||
| |||||||
1 | Prevention Act. | ||||||
2 | (qq) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives collected | ||||||
4 | under the Reproductive Health Act. | ||||||
5 | (rr) Information that is exempt from disclosure under | ||||||
6 | the Cannabis Regulation and Tax Act. | ||||||
7 | (ss) Data reported by an employer to the Department of | ||||||
8 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
9 | Human Rights Act. | ||||||
10 | (tt) Recordings made under the Children's Advocacy | ||||||
11 | Center Act, except to the extent authorized under that | ||||||
12 | Act. | ||||||
13 | (uu) Information that is exempt from disclosure under | ||||||
14 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
15 | (vv) Information that is exempt from disclosure under | ||||||
16 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
17 | Public Aid Code. | ||||||
18 | (ww) Information that is exempt from disclosure under | ||||||
19 | Section 16.8 of the State Treasurer Act. | ||||||
20 | (xx) Information that is exempt from disclosure or | ||||||
21 | information that shall not be made public under the | ||||||
22 | Illinois Insurance Code. | ||||||
23 | (yy) Information prohibited from being disclosed under | ||||||
24 | the Illinois Educational Labor Relations Act. | ||||||
25 | (zz) Information prohibited from being disclosed under | ||||||
26 | the Illinois Public Labor Relations Act. |
| |||||||
| |||||||
1 | (aaa) Information prohibited from being disclosed | ||||||
2 | under Section 1-167 of the Illinois Pension Code. | ||||||
3 | (bbb) (ccc) Information that is prohibited from | ||||||
4 | disclosure by the Illinois Police Training Act and the | ||||||
5 | Illinois State Police Act. | ||||||
6 | (ccc) (ddd) Records exempt from disclosure under | ||||||
7 | Section
2605-304 of the Illinois Department of State | ||||||
8 | Police Law of the Civil
Administrative Code of Illinois. | ||||||
9 | (ddd) (bbb) Information prohibited from being | ||||||
10 | disclosed under Section 35 of the Address Confidentiality | ||||||
11 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
12 | Trafficking, or Stalking Act. | ||||||
13 | (eee) (ddd) Information prohibited from being | ||||||
14 | disclosed under subsection (b) of Section 75 of the | ||||||
15 | Domestic Violence Fatality Review Act. | ||||||
16 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
17 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
18 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
19 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
20 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
21 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
22 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
23 | 102-559, eff. 8-20-21; revised 10-5-21.) | ||||||
24 | Section 6. The Gun Trafficking Information Act is amended | ||||||
25 | by changing Section 10-5 as follows: |
| |||||||
| |||||||
1 | (5 ILCS 830/10-5)
| ||||||
2 | Sec. 10-5. Gun trafficking information.
| ||||||
3 | (a) The Illinois State Police shall use all reasonable | ||||||
4 | efforts in making publicly available, on a regular and ongoing
| ||||||
5 | basis, key information related to firearms used in the
| ||||||
6 | commission of crimes in this State, including, but not limited
| ||||||
7 | to: reports on crimes committed with firearms, locations where
| ||||||
8 | the crimes occurred, the number of persons killed or injured | ||||||
9 | in
the commission of the crimes, the state where the firearms | ||||||
10 | used
originated, the Federal Firearms Licensee that sold the | ||||||
11 | firearm, the type of firearms used, annual statistical | ||||||
12 | information concerning Firearm Owner's Identification Card and | ||||||
13 | concealed carry license applications, revocations, and | ||||||
14 | compliance with Section 9.5 of the Firearm Owners | ||||||
15 | Identification Card Act, firearm restraining order | ||||||
16 | dispositions , and firearm dealer license certification | ||||||
17 | inspections. The Illinois State Police
shall make the | ||||||
18 | information available on its
website, which may be presented | ||||||
19 | in a dashboard format, in addition to electronically filing a | ||||||
20 | report with the
Governor and the General Assembly. The report | ||||||
21 | to the General
Assembly shall be filed with the Clerk of the | ||||||
22 | House of
Representatives and the Secretary of the Senate in | ||||||
23 | electronic
form only, in the manner that the Clerk and the | ||||||
24 | Secretary shall
direct.
| ||||||
25 | (b) (Blank). The Illinois State Police shall study, on a |
| |||||||
| |||||||
1 | regular and ongoing basis, and compile reports on the number | ||||||
2 | of Firearm Owner's Identification Card checks to determine | ||||||
3 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
4 | State Police shall, to the extent not inconsistent with law, | ||||||
5 | share such reports and underlying data with academic centers, | ||||||
6 | foundations, and law enforcement agencies studying firearms | ||||||
7 | trafficking, provided that personally identifying information | ||||||
8 | is protected. For purposes of this subsection (b), a Firearm | ||||||
9 | Owner's Identification Card number is not personally | ||||||
10 | identifying information, provided that no other personal | ||||||
11 | information of the card holder is attached to the record. The | ||||||
12 | Illinois State Police may create and attach an alternate | ||||||
13 | unique identifying number to each Firearm Owner's | ||||||
14 | Identification Card number, instead of releasing the Firearm | ||||||
15 | Owner's Identification Card number itself. | ||||||
16 | (c) Each department, office, division, and agency of this
| ||||||
17 | State shall, to the extent not inconsistent with law, | ||||||
18 | cooperate
fully with the Illinois State Police and furnish the
| ||||||
19 | Illinois State Police with all relevant information and | ||||||
20 | assistance on a
timely basis as is necessary to accomplish the | ||||||
21 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
22 | Authority shall submit the information required in subsection | ||||||
23 | (a) of this Section to the Illinois State Police, and any other | ||||||
24 | information as the Illinois State Police may request, to | ||||||
25 | assist the Illinois State Police in carrying out its duties | ||||||
26 | under this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
2 | revised 10-5-21.) | ||||||
3 | Section 7. The First Responders Suicide Prevention Act is | ||||||
4 | amended by changing Section 40 as follows: | ||||||
5 | (5 ILCS 840/40) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date ) | ||||||
8 | Sec. 40. Task Force recommendations. | ||||||
9 | (a) Task Force members shall recommend that agencies and | ||||||
10 | organizations guarantee access to mental health and wellness | ||||||
11 | services, including, but not limited to, peer support programs | ||||||
12 | and providing ongoing education related to the ever-evolving | ||||||
13 | concept of mental health wellness. These recommendations could | ||||||
14 | be accomplished by: | ||||||
15 | (1) Revising agencies' and organizations' employee | ||||||
16 | assistance programs (EAPs). | ||||||
17 | (2) Urging health care providers to replace outdated | ||||||
18 | healthcare plans and include more progressive options | ||||||
19 | catering to the needs and disproportionate risks | ||||||
20 | shouldered by our first responders. | ||||||
21 | (3) Allocating funding or resources for public service | ||||||
22 | announcements (PSA) and messaging campaigns aimed at | ||||||
23 | raising awareness of available assistance options. | ||||||
24 | (4) Encouraging agencies and organizations to attach |
| |||||||
| |||||||
1 | lists of all available resources to training manuals and | ||||||
2 | continuing education requirements. | ||||||
3 | (b) Task Force members shall recommend agencies and | ||||||
4 | organizations sponsor or facilitate first responders with | ||||||
5 | specialized training in the areas of psychological fitness, | ||||||
6 | depressive disorders, early detection, and mitigation best | ||||||
7 | practices. Such trainings could be accomplished by: | ||||||
8 | (1) Assigning, appointing, or designating one member | ||||||
9 | of an agency or organization to attend specialized | ||||||
10 | training(s) sponsored by an accredited agency, | ||||||
11 | association, or organization recognized in their fields of | ||||||
12 | study. | ||||||
13 | (2) Seeking sponsorships or conducting fund-raisers, | ||||||
14 | to host annual or semiannual on-site visits from qualified | ||||||
15 | clinicians or physicians to provide early detection | ||||||
16 | training techniques, or to provide regular access to | ||||||
17 | mental health professionals. | ||||||
18 | (3) Requiring a minimum number of hours of disorders | ||||||
19 | and wellness training be incorporated into reoccurring, | ||||||
20 | annual or biannual training standards, examinations, and | ||||||
21 | curriculums, taking into close consideration respective | ||||||
22 | agency or organization size, frequency and number of all | ||||||
23 | current federal and state mandatory examinations and | ||||||
24 | trainings expected respectively. | ||||||
25 | (4) Not underestimating the crucial importance of a | ||||||
26 | balanced diet, sleep, mindfulness-based stress reduction |
| |||||||
| |||||||
1 | techniques, moderate and vigorous intensity activities, | ||||||
2 | and recreational hobbies, which have been scientifically | ||||||
3 | proven to play a major role in brain health and mental | ||||||
4 | wellness. | ||||||
5 | (c) Task Force members shall recommend that administrators | ||||||
6 | and leadership personnel solicit training services from | ||||||
7 | evidence-based, data driven organizations. Organizations with | ||||||
8 | personnel trained on the analytical review and interpretation | ||||||
9 | of specific fields related to the nature of first responders' | ||||||
10 | exploits, such as PTSD, substance abuse, chronic state of | ||||||
11 | duress. Task Force members shall further recommend funding for | ||||||
12 | expansion and messaging campaigns of preliminary | ||||||
13 | self-diagnosing technologies like the one described above. | ||||||
14 | These objectives could be met by: | ||||||
15 | (1) Contacting an accredited agency, association, or | ||||||
16 | organization recognized in the field or fields of specific | ||||||
17 | study. Unbeknownst to the majority, many of the agencies | ||||||
18 | and organizations listed above receive grants and | ||||||
19 | allocations to assist communities with the very issues | ||||||
20 | being discussed in this Section. | ||||||
21 | (2) Normalizing help-seeking behaviors for both first | ||||||
22 | responders and their families through regular messaging | ||||||
23 | and peer support outreach, beginning with academy | ||||||
24 | curricula and continuing education throughout individuals' | ||||||
25 | careers. | ||||||
26 | (3) Funding and implementing PSA campaigns that |
| |||||||
| |||||||
1 | provide clear and concise calls to action about mental | ||||||
2 | health and wellness, resiliency, help-seeking, treatment | ||||||
3 | and recovery. | ||||||
4 | (4) Promoting and raising awareness of non-for-profit | ||||||
5 | organizations currently available to assist individuals in | ||||||
6 | search of care and treatment. Organizations have intuitive | ||||||
7 | user-friendly sites, most of which have mobile | ||||||
8 | applications, so first responders can access at a moment's | ||||||
9 | notice. However, because of limited funds, these | ||||||
10 | organizations have a challenging time of getting the word | ||||||
11 | out there about their existence. | ||||||
12 | (5) Expanding Family and Medical Leave Act protections | ||||||
13 | for individuals voluntarily seeking preventative | ||||||
14 | treatment. | ||||||
15 | (6) Promoting and ensuring complete patient | ||||||
16 | confidentiality protections. | ||||||
17 | (d) Task Force members shall recommend that agencies and | ||||||
18 | organizations incorporate the following training components | ||||||
19 | into already existing modules and educational curriculums. | ||||||
20 | Doing so could be done by: | ||||||
21 | (1) Bolstering academy and school curricula by | ||||||
22 | requiring depressive disorder training catered to PTSD, | ||||||
23 | substance abuse, and early detection techniques training, | ||||||
24 | taking into close consideration respective agency or | ||||||
25 | organization size, and the frequency and number of all | ||||||
26 | current federal and state mandatory examinations and |
| |||||||
| |||||||
1 | trainings expected respectively. | ||||||
2 | (2) Continuing to allocate or match federal and state | ||||||
3 | funds to maintain Mobil Training Units (MTUs). | ||||||
4 | (3) Incorporating a state certificate for peer support | ||||||
5 | training into already exiting statewide curriculums and | ||||||
6 | mandatory examinations, annual State Fire Marshal | ||||||
7 | examinations, and physical fitness examinations. The | ||||||
8 | subject matter of the certificate should have an emphasis | ||||||
9 | on mental health and wellness, as well as familiarization | ||||||
10 | with topics ranging from clinical social work, clinical | ||||||
11 | psychology, clinical behaviorist, and clinical psychiatry. | ||||||
12 | (4) Incorporating and performing statewide mental | ||||||
13 | health check-ins during the same times as already mandated | ||||||
14 | trainings. These checks are not to be compared or used as | ||||||
15 | measures of fitness for duty evaluations or structured | ||||||
16 | psychological examinations. | ||||||
17 | (5) Recommending comprehensive and evidence-based | ||||||
18 | training on the importance of preventative measures on the | ||||||
19 | topics of sleep, nutrition, mindfulness, and physical | ||||||
20 | movement. | ||||||
21 | (6) (Blank). Law enforcement agencies should provide | ||||||
22 | training on the Firearm Owner's Identification Card Act, | ||||||
23 | including seeking relief from the Illinois State Police | ||||||
24 | under Section 10 of the Firearm Owners Identification Card | ||||||
25 | Act and a FOID card being a continued condition of | ||||||
26 | employment under Section 7.2 of the Uniform Peace |
| |||||||
| |||||||
1 | Officers' Disciplinary Act.
| ||||||
2 | (Source: P.A. 102-352, eff. 6-1-22.) | ||||||
3 | Section 10. The Illinois State Police Law of the
Civil | ||||||
4 | Administrative Code of Illinois is amended by changing | ||||||
5 | Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
| ||||||
6 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
| ||||||
7 | Sec. 2605-10. Powers and duties, generally. | ||||||
8 | (a) The Illinois State Police shall exercise the rights, | ||||||
9 | powers, and duties that have been vested in the Illinois State | ||||||
10 | Police by the following: | ||||||
11 | The Illinois State Police Act. | ||||||
12 | The Illinois State Police Radio Act. | ||||||
13 | The Criminal Identification Act. | ||||||
14 | The Illinois Vehicle Code. | ||||||
15 | The Firearm Owners Identification Card Act. | ||||||
16 | The Firearm Concealed Carry Act. | ||||||
17 | The Gun Dealer Licensing Act. | ||||||
18 | The Intergovernmental Missing Child Recovery Act of 1984. | ||||||
19 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
20 | The Narcotic Control Division Abolition Act. | ||||||
21 | (b) The Illinois State Police shall have the
powers and | ||||||
22 | duties set forth in the following Sections.
| ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
2 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
3 | of
Justice Services shall exercise the
following functions:
| ||||||
4 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
5 | Data System (LEADS), a statewide, computerized | ||||||
6 | telecommunications system designed to provide services, | ||||||
7 | information, and capabilities to the law enforcement and | ||||||
8 | criminal justice community in the State of Illinois. The | ||||||
9 | Director is responsible for establishing policy, | ||||||
10 | procedures, and regulations consistent with State and | ||||||
11 | federal rules, policies, and law by which LEADS operates. | ||||||
12 | The Director shall designate a statewide LEADS | ||||||
13 | Administrator for management of the system. The Director | ||||||
14 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
15 | needs and desires of the law enforcement and criminal | ||||||
16 | justice community and to make recommendations concerning | ||||||
17 | policies and procedures.
| ||||||
18 | (2) Pursue research and the publication of studies | ||||||
19 | pertaining
to local
law enforcement activities.
| ||||||
20 | (3) Serve as the State's point of contact for the | ||||||
21 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
22 | Program and National Incident-Based Reporting System.
| ||||||
23 | (4) Operate an electronic data processing and computer | ||||||
24 | center
for the
storage and retrieval of data pertaining to | ||||||
25 | criminal activity.
| ||||||
26 | (5) Exercise the rights, powers, and duties vested in
|
| |||||||
| |||||||
1 | the Illinois State Police by the Cannabis Regulation and | ||||||
2 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
3 | Program Act.
| ||||||
4 | (6) (Blank).
| ||||||
5 | (6.5) (Blank). Exercise the rights, powers, and duties | ||||||
6 | vested in the Illinois State Police
by the Firearm Owners | ||||||
7 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
8 | and the Firearm Dealer License Certification Act.
| ||||||
9 | (7) Exercise other duties that may be assigned
by the | ||||||
10 | Director to
fulfill the responsibilities and achieve the | ||||||
11 | purposes of the Illinois State Police.
| ||||||
12 | (8) Exercise the rights, powers, and duties vested by | ||||||
13 | law in the Illinois State Police by the Criminal | ||||||
14 | Identification Act. | ||||||
15 | (9) Exercise the powers and perform the duties that | ||||||
16 | have been vested
in the Illinois State Police by the Sex | ||||||
17 | Offender Registration Act and
the Sex Offender
Community | ||||||
18 | Notification Law and
adopt reasonable rules necessitated | ||||||
19 | thereby. | ||||||
20 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
21 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
| ||||||
22 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
23 | laws; records; crime laboratories; personnel.
| ||||||
24 | (a) To do the following:
| ||||||
25 | (1) Investigate the origins, activities, personnel, |
| |||||||
| |||||||
1 | and
incidents of crime and the ways and means to redress | ||||||
2 | the victims of
crimes; study the impact, if any, of | ||||||
3 | legislation relative to the
effusion of crime and growing | ||||||
4 | crime rates; and enforce the criminal
laws
of this State | ||||||
5 | related thereto.
| ||||||
6 | (2) Enforce all laws regulating the
production, sale, | ||||||
7 | prescribing, manufacturing, administering,
transporting, | ||||||
8 | having in possession, dispensing, delivering,
| ||||||
9 | distributing, or use of controlled substances and | ||||||
10 | cannabis.
| ||||||
11 | (3) Employ
skilled experts, scientists, technicians, | ||||||
12 | investigators, or otherwise
specially qualified persons to | ||||||
13 | aid in preventing or detecting crime,
apprehending | ||||||
14 | criminals, or preparing and presenting evidence of
| ||||||
15 | violations of the criminal laws of the State.
| ||||||
16 | (4) Cooperate with the
police of cities, villages, and | ||||||
17 | incorporated towns and with the police
officers of any | ||||||
18 | county in enforcing the laws of the State and in making
| ||||||
19 | arrests and recovering property.
| ||||||
20 | (5) Apprehend and deliver up any person
charged in | ||||||
21 | this State or any other state of the United States with
| ||||||
22 | treason or a felony or other crime who has fled from
| ||||||
23 | justice and is found
in this State.
| ||||||
24 | (6) Conduct other investigations as
provided by law.
| ||||||
25 | (7) Be a central repository and custodian of criminal | ||||||
26 | statistics for the State. |
| |||||||
| |||||||
1 | (8) Be a central repository for criminal history | ||||||
2 | record information. | ||||||
3 | (9) Procure and file for record information that is | ||||||
4 | necessary and helpful to plan programs of crime | ||||||
5 | prevention, law enforcement, and criminal justice. | ||||||
6 | (10) Procure and file for record copies of | ||||||
7 | fingerprints that may be required by law. | ||||||
8 | (11) Establish general and field crime laboratories. | ||||||
9 | (12) (Blank). Register and file for record information | ||||||
10 | that may be required by law for the issuance of firearm | ||||||
11 | owner's identification cards under the Firearm Owners | ||||||
12 | Identification Card Act and concealed carry licenses under | ||||||
13 | the Firearm Concealed Carry Act. | ||||||
14 | (13) Employ laboratory technicians and other specially | ||||||
15 | qualified persons to aid in the identification of criminal | ||||||
16 | activity and the identification, collection, and recovery | ||||||
17 | of cyber forensics, including but not limited to digital | ||||||
18 | evidence, and may employ polygraph operators. | ||||||
19 | (14) Undertake other identification, information, | ||||||
20 | laboratory, statistical, or registration activities that | ||||||
21 | may be required by law. | ||||||
22 | (b) Persons exercising the powers set forth in
subsection | ||||||
23 | (a) within the Illinois State Police
are conservators of the | ||||||
24 | peace and as such have all the powers possessed
by policemen in | ||||||
25 | cities and sheriffs, except that they may exercise those
| ||||||
26 | powers anywhere in the State in cooperation with and after |
| |||||||
| |||||||
1 | contact with
the local law enforcement officials. Those | ||||||
2 | persons may use false
or
fictitious names in the performance | ||||||
3 | of their duties under this Section,
upon approval of the | ||||||
4 | Director, and shall not be subject to prosecution
under the | ||||||
5 | criminal laws for that use.
| ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
7 | (20 ILCS 2605/2605-595) | ||||||
8 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
9 | (a) There is created in the State treasury a special fund | ||||||
10 | known as the State Police Firearm Services Fund. The Fund | ||||||
11 | shall receive revenue under the Firearm Concealed Carry Act | ||||||
12 | and , the Firearm Dealer License Certification Act , and | ||||||
13 | Section 5 of the Firearm Owners Identification Card Act . The | ||||||
14 | Fund may also receive revenue from grants, pass-through | ||||||
15 | grants, donations, appropriations, and any other legal source. | ||||||
16 | (a-5) Notwithstanding any other provision of law to the | ||||||
17 | contrary, and in addition to any other transfers that may be | ||||||
18 | provided by law, on the effective date of this amendatory Act | ||||||
19 | of the 102nd General Assembly, or as soon thereafter as | ||||||
20 | practical, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer the remaining balance from the | ||||||
22 | Firearm Dealer License Certification Fund into the State | ||||||
23 | Police Firearm Services Fund. Upon completion of the transfer, | ||||||
24 | the Firearm Dealer License Certification Fund is dissolved, | ||||||
25 | and any future deposits due to that Fund and any outstanding |
| |||||||
| |||||||
1 | obligations or liabilities of that Fund shall pass to the | ||||||
2 | State Police Firearm Services Fund. | ||||||
3 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
4 | finance any of its lawful purposes, mandates, functions, and | ||||||
5 | duties under the Firearm Owners Identification Card Act, the | ||||||
6 | Firearm Dealer License Certification Act , and the Firearm | ||||||
7 | Concealed Carry Act, including the cost of sending notices of | ||||||
8 | expiration of Firearm Owner's Identification Cards, concealed | ||||||
9 | carry licenses, the prompt and efficient processing of | ||||||
10 | applications under the Firearm Owners Identification Card Act | ||||||
11 | and the Firearm Concealed Carry Act, the improved efficiency | ||||||
12 | and reporting of the LEADS and federal NICS law enforcement | ||||||
13 | data systems, and support for investigations required under | ||||||
14 | these Acts and law. Any surplus funds beyond what is needed to | ||||||
15 | comply with the aforementioned purposes shall be used by the | ||||||
16 | Illinois State Police to improve the Law Enforcement Agencies | ||||||
17 | Data System (LEADS) and criminal history background check | ||||||
18 | system. | ||||||
19 | (c) Investment income that is attributable to the | ||||||
20 | investment of moneys in the Fund shall be retained in the Fund | ||||||
21 | for the uses specified in this Section.
| ||||||
22 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
| ||||||
23 | (20 ILCS 2605/2605-120 rep.) | ||||||
24 | (20 ILCS 2605/2605-304 rep.) | ||||||
25 | Section 15. The Department of State Police Law of the
|
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois is amended by repealing | ||||||
2 | Sections 2605-120 and 2605-304. | ||||||
3 | Section 20. The Criminal Identification Act is amended by | ||||||
4 | changing Section 2.2 as follows: | ||||||
5 | (20 ILCS 2630/2.2) | ||||||
6 | Sec. 2.2. Notification to the Illinois State Police. Upon | ||||||
7 | judgment of conviction of a violation of Section 12-1, 12-2, | ||||||
8 | 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 when the
defendant has been | ||||||
10 | determined, pursuant to Section 112A-11.1 of the Code of | ||||||
11 | Criminal Procedure of 1963,
to be subject to the prohibitions | ||||||
12 | of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include | ||||||
13 | notification and a copy of the written determination in a | ||||||
14 | report
of the conviction to the Illinois State Police Firearm | ||||||
15 | Owner's Identification Card Office to
enable the Illinois | ||||||
16 | State Police office to perform its duties under the Firearm | ||||||
17 | Concealed Carry Act and Sections 4 and 8 of the Firearm Owners | ||||||
18 | Identification Card Act and to report that determination to | ||||||
19 | the Federal Bureau
of Investigation to assist the Federal | ||||||
20 | Bureau of Investigation in identifying persons prohibited
from | ||||||
21 | purchasing and possessing a firearm pursuant to the provisions | ||||||
22 | of
18 U.S.C. 922. The written determination described in this | ||||||
23 | Section shall be included in the defendant's record of arrest | ||||||
24 | and conviction in the manner and form prescribed by the |
| |||||||
| |||||||
1 | Illinois State Police.
| ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
3 | Section 21. The Illinois Criminal Justice Information Act | ||||||
4 | is amended by changing Section 7.9 as follows: | ||||||
5 | (20 ILCS 3930/7.9) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date ) | ||||||
8 | (Section scheduled to be repealed on July 1, 2027) | ||||||
9 | Sec. 7.9. Firearm Prohibitors and Records Improvement Task | ||||||
10 | Force. | ||||||
11 | (a) As used in this Section, "firearms prohibitor" means | ||||||
12 | any factor listed in Section 4 of the Firearm Owners | ||||||
13 | Identification Card Act or Section 24-3 or 24-3.1 of the | ||||||
14 | Criminal Code of 2012 that prohibits a person from | ||||||
15 | transferring or possessing a firearm, firearm ammunition, | ||||||
16 | Firearm Owner's Identification Card, or concealed carry | ||||||
17 | license. | ||||||
18 | (b) The Firearm Prohibitors and Records Improvement Task | ||||||
19 | Force is created to identify and research all available | ||||||
20 | grants, resources, and revenue that may be applied for and | ||||||
21 | used by all entities responsible for reporting federal and | ||||||
22 | State firearm prohibitors to the Illinois State Police and the | ||||||
23 | National Instant Criminal Background Check System. These Under | ||||||
24 | the Firearm Owners Identification Card Act, these reporting |
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1 | entities include, but are not limited to, hospitals, courts, | ||||||
2 | law enforcement and corrections. The Task Force shall identify | ||||||
3 | weaknesses in reporting and recommend a strategy to direct | ||||||
4 | resources and revenue to ensuring reporting is reliable, | ||||||
5 | accurate, and timely. The Task Force shall inventory all | ||||||
6 | statutorily mandated firearm and gun violence related data | ||||||
7 | collection and reporting requirements, along with the agency | ||||||
8 | responsible for collecting that data, and identify gaps in | ||||||
9 | those requirements. The Task Force shall submit a coordinated | ||||||
10 | application with and through the Illinois Criminal Justice | ||||||
11 | Information Authority for federal funds from the National | ||||||
12 | Criminal History Improvement Program and the NICS Acts Record | ||||||
13 | Improvement Program.
The Firearm Prohibitors and Records | ||||||
14 | Improvement Task Force shall be comprised of the following | ||||||
15 | members, all of whom shall serve without compensation: | ||||||
16 | (1) the Executive Director of the Illinois Criminal | ||||||
17 | Justice Information Authority, who shall serve as Chair; | ||||||
18 | (2) the Director of the Illinois State Police, or his | ||||||
19 | or her designee; | ||||||
20 | (3) the Secretary of Human Services, or his or her | ||||||
21 | designee; | ||||||
22 | (4) the Director of Corrections, or his or her | ||||||
23 | designee; | ||||||
24 | (5) the Attorney General, or his or her designee; | ||||||
25 | (6) the Director of the Administrative Office of the | ||||||
26 | Illinois Courts, or his or her designee; |
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1 | (7) a representative of an association representing | ||||||
2 | circuit clerks appointed by the President of the Senate; | ||||||
3 | (8) a representative of an association representing | ||||||
4 | sheriffs appointed by the House Minority Leader; | ||||||
5 | (9) a representative of an association representing | ||||||
6 | State's Attorneys appointed by the House Minority Leader; | ||||||
7 | (10) a representative of an association representing | ||||||
8 | chiefs of police appointed by the Senate Minority Leader; | ||||||
9 | (11) a representative of an association representing | ||||||
10 | hospitals appointed by the Speaker of the House of | ||||||
11 | Representatives; | ||||||
12 | (12) a representative of an association representing | ||||||
13 | counties appointed by the President of the Senate; and | ||||||
14 | (13) a representative of an association representing | ||||||
15 | municipalities appointed by the Speaker of the House of | ||||||
16 | Representatives. | ||||||
17 | (c)
The Illinois Criminal Justice Information Authority | ||||||
18 | shall provide administrative and other support to the Task | ||||||
19 | Force. The Illinois State Police Division of Justice Services | ||||||
20 | shall also provide support to the Illinois Criminal Justice | ||||||
21 | Information Authority and the Task Force. | ||||||
22 | (d) The Task Force may meet in person or virtually and | ||||||
23 | shall issue a written report of its findings and | ||||||
24 | recommendations to General Assembly on or before July 1, 2022. | ||||||
25 | The Task Force shall issue an annual report, which shall | ||||||
26 | include information on the state of FOID data, including a |
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1 | review of previous activity by the Task Force to close | ||||||
2 | previously identified gaps; identifying known (or new) gaps; a | ||||||
3 | proposal of policy and practice recommendations to close those | ||||||
4 | gaps; and a preview of expected activities of the Task Force | ||||||
5 | for the coming year. | ||||||
6 | (e) Within 60 days of the effective date of this | ||||||
7 | amendatory Act of the 102nd General Assembly, the Chair shall | ||||||
8 | establish the Task Force. | ||||||
9 | (f) This Section is repealed on July 1, 2027.
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10 | (Source: P.A. 102-237, eff. 1-1-22.) | ||||||
11 | Section 25. The State Finance Act is amended by changing | ||||||
12 | Section 6z-99 as follows: | ||||||
13 | (30 ILCS 105/6z-99) | ||||||
14 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
15 | (a) There is created in the State treasury a special fund | ||||||
16 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
17 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
18 | Fund may also receive revenue from grants, pass-through | ||||||
19 | grants, donations, appropriations, and any other legal source. | ||||||
20 | (b) The Illinois State Police and Department of Human | ||||||
21 | Services shall coordinate to use moneys in the Fund to finance | ||||||
22 | their respective duties of collecting and reporting data on | ||||||
23 | mental health records and ensuring that mental health firearm | ||||||
24 | possession prohibitors are enforced as set forth under the |
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1 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
2 | Identification Card Act . Any surplus in the Fund beyond what | ||||||
3 | is necessary to ensure compliance with mental health reporting | ||||||
4 | under that Act these Acts shall be used by the Department of | ||||||
5 | Human Services for mental health treatment programs as | ||||||
6 | follows: (1) 50% shall be used to fund
community-based mental | ||||||
7 | health programs aimed at reducing gun
violence, community | ||||||
8 | integration and education, or mental
health awareness and | ||||||
9 | prevention, including administrative
costs; and (2) 50% shall | ||||||
10 | be used to award grants that use and
promote the National | ||||||
11 | School Mental Health Curriculum model for
school-based mental | ||||||
12 | health support, integration, and services. | ||||||
13 | (c) Investment income that is attributable to the | ||||||
14 | investment of moneys in the Fund shall be retained in the Fund | ||||||
15 | for the uses specified in this Section.
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16 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | revised 10-26-21.) | ||||||
18 | Section 26. The Intergovernmental Drug Laws Enforcement | ||||||
19 | Act is amended by changing Section 3 as follows:
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20 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
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21 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
22 | minimum
criteria established in this Section is eligible to | ||||||
23 | receive State grants
to help defray the costs of operation. To | ||||||
24 | be eligible a MEG must:
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1 | (1) Be established and operating pursuant to | ||||||
2 | intergovernmental
contracts written and executed in | ||||||
3 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
4 | involve 2 or more units of local government.
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5 | (2) Establish a MEG Policy Board composed of an | ||||||
6 | elected official, or
his designee, and the chief law | ||||||
7 | enforcement officer, or his designee,
from each | ||||||
8 | participating unit of local government to oversee the
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9 | operations of the MEG and make such reports to the | ||||||
10 | Illinois State
Police as the Illinois State
Police may | ||||||
11 | require.
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12 | (3) Designate a single appropriate elected official of | ||||||
13 | a
participating unit of local government to act as the | ||||||
14 | financial officer
of the MEG for all participating units | ||||||
15 | of local government and to
receive funds for the operation | ||||||
16 | of the MEG.
| ||||||
17 | (4) Limit its operations to enforcement of drug laws; | ||||||
18 | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
19 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||||||
20 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
21 | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code | ||||||
22 | of 2012; Sections 2, 3, 6.1, 14 of the Firearm Owners | ||||||
23 | Identification Card Act; and the investigation of | ||||||
24 | streetgang related offenses.
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25 | (5) Cooperate with the Illinois State Police in order | ||||||
26 | to
assure compliance with this Act and to enable the |
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1 | Illinois State
Police to fulfill
its duties under this | ||||||
2 | Act, and supply the Illinois State
Police with all
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3 | information the Illinois State
Police deems necessary | ||||||
4 | therefor.
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5 | (6) Receive funding of at least 50% of the total | ||||||
6 | operating budget of
the MEG from the participating units | ||||||
7 | of local government.
| ||||||
8 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
9 | revised 10-6-21.)
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10 | Section 30. The Peace Officer Firearm Training Act is | ||||||
11 | amended by changing Section 1 as follows:
| ||||||
12 | (50 ILCS 710/1) (from Ch. 85, par. 515)
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13 | Sec. 1. Definitions. As used in this Act: | ||||||
14 | (a) "Peace officer"
means (i) any person who by virtue of | ||||||
15 | his office or public employment is
vested by law with a primary | ||||||
16 | duty to maintain public order or to make
arrests for offenses, | ||||||
17 | whether that duty extends to all offenses or is
limited to | ||||||
18 | specific offenses, and who is employed in such capacity by any
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19 | county or municipality or (ii) any retired law enforcement | ||||||
20 | officers qualified under federal law to carry a concealed | ||||||
21 | weapon. | ||||||
22 | (a-5) "Probation officer" means a county probation officer | ||||||
23 | authorized by the Chief Judge of the Circuit Court to carry a | ||||||
24 | firearm as part of his or her duties under Section 12 of the |
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1 | Probation and Probation Officers Act and Section 24-2 of the | ||||||
2 | Criminal Code of 2012. | ||||||
3 | (b)
"Firearms" means any weapon or device defined as a | ||||||
4 | firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of | ||||||
5 | "An Act relating to the acquisition, possession and transfer | ||||||
6 | of
firearms and firearm ammunition, to provide a penalty for | ||||||
7 | the violation
thereof and to make an appropriation in | ||||||
8 | connection therewith", approved
August 3, 1967, as amended .
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9 | (Source: P.A. 98-725, eff. 1-1-15 .)
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10 | Section 35. The School Code is amended by changing | ||||||
11 | Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
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12 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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13 | (Text of Section before amendment by P.A. 102-466 )
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14 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
15 | searches.
| ||||||
16 | (a) To expel pupils guilty of gross disobedience or | ||||||
17 | misconduct, including gross disobedience or misconduct | ||||||
18 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
19 | of this Section, and
no action shall lie against them for such | ||||||
20 | expulsion. Expulsion shall
take place only after the parents | ||||||
21 | have been requested to appear at a
meeting of the board, or | ||||||
22 | with a hearing officer appointed by it, to
discuss their | ||||||
23 | child's behavior. Such request shall be made by registered
or | ||||||
24 | certified mail and shall state the time, place and purpose of |
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1 | the
meeting. The board, or a hearing officer appointed by it, | ||||||
2 | at such
meeting shall state the reasons for dismissal and the | ||||||
3 | date on which the
expulsion is to become effective. If a | ||||||
4 | hearing officer is appointed by
the board, he shall report to | ||||||
5 | the board a written summary of the evidence
heard at the | ||||||
6 | meeting and the board may take such action thereon as it
finds | ||||||
7 | appropriate. If the board acts to expel a pupil, the written | ||||||
8 | expulsion decision shall detail the specific reasons why | ||||||
9 | removing the pupil from the learning environment is in the | ||||||
10 | best interest of the school. The expulsion decision shall also | ||||||
11 | include a rationale as to the specific duration of the | ||||||
12 | expulsion. An expelled pupil may be immediately transferred to | ||||||
13 | an alternative program in the manner provided in Article 13A | ||||||
14 | or 13B of this Code. A pupil must not be denied transfer | ||||||
15 | because of the expulsion, except in cases in which such | ||||||
16 | transfer is deemed to cause a threat to the safety of students | ||||||
17 | or staff in the alternative program.
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18 | (b) To suspend or by policy to authorize the | ||||||
19 | superintendent of
the district or the principal, assistant | ||||||
20 | principal, or dean of students
of any school to suspend pupils | ||||||
21 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
22 | pupils guilty of gross disobedience or misconduct on the | ||||||
23 | school bus
from riding the school bus, pursuant to subsections | ||||||
24 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
25 | against them for such suspension. The board may by policy
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26 | authorize the superintendent of the district or the principal, |
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1 | assistant
principal, or dean of students of any
school to | ||||||
2 | suspend pupils guilty of such acts for a period not to exceed
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3 | 10 school days. If a pupil is suspended due to gross | ||||||
4 | disobedience or misconduct
on a school bus, the board may | ||||||
5 | suspend the pupil in excess of 10
school
days for safety | ||||||
6 | reasons. | ||||||
7 | Any suspension shall be reported immediately to the
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8 | parents or guardian of a pupil along with a full statement of | ||||||
9 | the
reasons for such suspension and a notice of their right to | ||||||
10 | a review. The school board must be given a summary of the | ||||||
11 | notice, including the reason for the suspension and the | ||||||
12 | suspension length. Upon request of the
parents or guardian, | ||||||
13 | the school board or a hearing officer appointed by
it shall | ||||||
14 | review such action of the superintendent or principal, | ||||||
15 | assistant
principal, or dean of students. At such
review, the | ||||||
16 | parents or guardian of the pupil may appear and discuss the
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17 | suspension with the board or its hearing officer. If a hearing | ||||||
18 | officer
is appointed by the board, he shall report to the board | ||||||
19 | a written summary
of the evidence heard at the meeting. After | ||||||
20 | its hearing or upon receipt
of the written report of its | ||||||
21 | hearing officer, the board may take such
action as it finds | ||||||
22 | appropriate. If a student is suspended pursuant to this | ||||||
23 | subsection (b), the board shall, in the written suspension | ||||||
24 | decision, detail the specific act of gross disobedience or | ||||||
25 | misconduct resulting in the decision to suspend. The | ||||||
26 | suspension decision shall also include a rationale as to the |
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1 | specific duration of the suspension. A pupil who is suspended | ||||||
2 | in excess of 20 school days may be immediately transferred to | ||||||
3 | an alternative program in the manner provided in Article 13A | ||||||
4 | or 13B of this Code. A pupil must not be denied transfer | ||||||
5 | because of the suspension, except in cases in which such | ||||||
6 | transfer is deemed to cause a threat to the safety of students | ||||||
7 | or staff in the alternative program.
| ||||||
8 | (b-5) Among the many possible disciplinary interventions | ||||||
9 | and consequences available to school officials, school | ||||||
10 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
11 | are the most serious. School officials shall limit the number | ||||||
12 | and duration of expulsions and suspensions to the greatest | ||||||
13 | extent practicable, and it is recommended that they use them | ||||||
14 | only for legitimate educational purposes. To ensure that | ||||||
15 | students are not excluded from school unnecessarily, it is | ||||||
16 | recommended that school officials consider forms of | ||||||
17 | non-exclusionary discipline prior to using out-of-school | ||||||
18 | suspensions or expulsions. | ||||||
19 | (b-10) Unless otherwise required by federal law or this | ||||||
20 | Code, school boards may not institute zero-tolerance policies | ||||||
21 | by which school administrators are required to suspend or | ||||||
22 | expel students for particular behaviors. | ||||||
23 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
24 | used only if the student's continuing presence in school would | ||||||
25 | pose a threat to school safety or a disruption to other | ||||||
26 | students' learning opportunities. For purposes of this |
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1 | subsection (b-15), "threat to school safety or a disruption to | ||||||
2 | other students' learning opportunities" shall be determined on | ||||||
3 | a case-by-case basis by the school board or its designee. | ||||||
4 | School officials shall make all reasonable efforts to resolve | ||||||
5 | such threats, address such disruptions, and minimize the | ||||||
6 | length of suspensions to the greatest extent practicable. | ||||||
7 | (b-20) Unless otherwise required by this Code, | ||||||
8 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
9 | and disciplinary removals to alternative schools may be used | ||||||
10 | only if other appropriate and available behavioral and | ||||||
11 | disciplinary interventions have been exhausted and the | ||||||
12 | student's continuing presence in school would either (i) pose | ||||||
13 | a
threat to the safety of other students, staff, or members of
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14 | the school community or (ii) substantially disrupt, impede, or
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15 | interfere with the operation of the school. For purposes of | ||||||
16 | this subsection (b-20), "threat to the safety of other | ||||||
17 | students, staff, or members of the school community" and | ||||||
18 | "substantially disrupt, impede, or interfere with the | ||||||
19 | operation of the school" shall be determined on a case-by-case | ||||||
20 | basis by school officials. For purposes of this subsection | ||||||
21 | (b-20), the determination of whether "appropriate and | ||||||
22 | available behavioral and disciplinary interventions have been | ||||||
23 | exhausted" shall be made by school officials. School officials | ||||||
24 | shall make all reasonable efforts to resolve such threats, | ||||||
25 | address such disruptions, and minimize the length of student | ||||||
26 | exclusions to the greatest extent practicable. Within the |
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1 | suspension decision described in subsection (b) of this | ||||||
2 | Section or the expulsion decision described in subsection (a) | ||||||
3 | of this Section, it shall be documented whether other | ||||||
4 | interventions were attempted or whether it was determined that | ||||||
5 | there were no other appropriate and available interventions. | ||||||
6 | (b-25) Students who are suspended out-of-school for longer | ||||||
7 | than 4 school days shall be provided appropriate and available | ||||||
8 | support services during the period of their suspension. For | ||||||
9 | purposes of this subsection (b-25), "appropriate and available | ||||||
10 | support services" shall be determined by school authorities. | ||||||
11 | Within the suspension decision described in subsection (b) of | ||||||
12 | this Section, it shall be documented whether such services are | ||||||
13 | to be provided or whether it was determined that there are no | ||||||
14 | such appropriate and available services. | ||||||
15 | A school district may refer students who are expelled to | ||||||
16 | appropriate and available support services. | ||||||
17 | A school district shall create a policy to facilitate the | ||||||
18 | re-engagement of students who are suspended out-of-school, | ||||||
19 | expelled, or returning from an alternative school setting. | ||||||
20 | (b-30) A school district shall create a policy by which | ||||||
21 | suspended pupils, including those pupils suspended from the | ||||||
22 | school bus who do not have alternate transportation to school, | ||||||
23 | shall have the opportunity to make up work for equivalent | ||||||
24 | academic credit. It shall be the responsibility of a pupil's | ||||||
25 | parent or guardian to notify school officials that a pupil | ||||||
26 | suspended from the school bus does not have alternate |
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1 | transportation to school. | ||||||
2 | (c) A school board must invite a representative from a | ||||||
3 | local mental health agency to consult with the board at the | ||||||
4 | meeting whenever there is evidence that mental illness may be | ||||||
5 | the cause of a student's expulsion or suspension.
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6 | (c-5) School districts shall make reasonable efforts to | ||||||
7 | provide ongoing professional development to teachers, | ||||||
8 | administrators, school board members, school resource | ||||||
9 | officers, and staff on the adverse consequences of school | ||||||
10 | exclusion and justice-system involvement, effective classroom | ||||||
11 | management strategies, culturally responsive discipline, the | ||||||
12 | appropriate and available supportive services for the | ||||||
13 | promotion of student attendance and engagement, and | ||||||
14 | developmentally appropriate disciplinary methods that promote | ||||||
15 | positive and healthy school climates. | ||||||
16 | (d) The board may expel a student for a definite period of | ||||||
17 | time not to
exceed 2 calendar years, as determined on a | ||||||
18 | case-by-case basis.
A student who
is determined to have | ||||||
19 | brought one of the following objects to school, any | ||||||
20 | school-sponsored activity
or event, or any activity or event | ||||||
21 | that bears a reasonable relationship to school shall be | ||||||
22 | expelled for a period of not less than
one year: | ||||||
23 | (1) A firearm. For the purposes of this Section, | ||||||
24 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
25 | by Section 921 of Title 18 of the United States Code, | ||||||
26 | firearm as defined in Section 2-7.5 1.1 of the Firearm |
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| |||||||
1 | Owners Identification Card Act, or firearm as defined in | ||||||
2 | Section 24-1 of the Criminal Code of 2012. The expulsion | ||||||
3 | period under this subdivision (1) may be modified by the | ||||||
4 | superintendent, and the superintendent's determination may | ||||||
5 | be modified by the board on a case-by-case basis. | ||||||
6 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
7 | regardless of its composition, a billy club, or any other | ||||||
8 | object if used or attempted to be used to cause bodily | ||||||
9 | harm, including "look alikes" of any firearm as defined in | ||||||
10 | subdivision (1) of this subsection (d). The expulsion | ||||||
11 | requirement under this subdivision (2) may be modified by | ||||||
12 | the superintendent, and the superintendent's determination | ||||||
13 | may be modified by the board on a case-by-case basis. | ||||||
14 | Expulsion
or suspension
shall be construed in a
manner | ||||||
15 | consistent with the federal Individuals with Disabilities | ||||||
16 | Education
Act. A student who is subject to suspension or | ||||||
17 | expulsion as provided in this
Section may be eligible for a | ||||||
18 | transfer to an alternative school program in
accordance with | ||||||
19 | Article 13A of the School Code.
| ||||||
20 | (d-5) The board may suspend or by regulation
authorize the | ||||||
21 | superintendent of the district or the principal, assistant
| ||||||
22 | principal, or dean of students of any
school to suspend a | ||||||
23 | student for a period not to exceed
10 school days or may expel | ||||||
24 | a student for a definite period of time not to
exceed 2 | ||||||
25 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
26 | that student has been determined to have made an explicit |
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1 | threat on an Internet website against a school employee, a | ||||||
2 | student, or any school-related personnel, (ii) the Internet | ||||||
3 | website through which the threat was made is a site that was | ||||||
4 | accessible within the school at the time the threat was made or | ||||||
5 | was available to third parties who worked or studied within | ||||||
6 | the school grounds at the time the threat was made, and (iii) | ||||||
7 | the threat could be reasonably interpreted as threatening to | ||||||
8 | the safety and security of the threatened individual because | ||||||
9 | of his or her duties or employment status or status as a | ||||||
10 | student inside the school.
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11 | (e) To maintain order and security in the schools, school | ||||||
12 | authorities may
inspect and search places and areas such as | ||||||
13 | lockers, desks, parking lots, and
other school property and | ||||||
14 | equipment owned or controlled by the school, as well
as | ||||||
15 | personal effects left in those places and areas by students, | ||||||
16 | without notice
to or the consent of the student, and without a | ||||||
17 | search warrant. As a matter of
public policy, the General | ||||||
18 | Assembly finds that students have no reasonable
expectation of | ||||||
19 | privacy in these places and areas or in their personal effects
| ||||||
20 | left in these places and areas. School authorities may request | ||||||
21 | the assistance
of law enforcement officials for the purpose of | ||||||
22 | conducting inspections and
searches of lockers, desks, parking | ||||||
23 | lots, and other school property and
equipment owned or | ||||||
24 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
25 | illegal or dangerous substances or materials, including | ||||||
26 | searches conducted
through the use of specially trained dogs. |
| |||||||
| |||||||
1 | If a search conducted in accordance
with this Section produces | ||||||
2 | evidence that the student has violated or is
violating either | ||||||
3 | the law, local ordinance, or the school's policies or rules,
| ||||||
4 | such evidence may be seized by school authorities, and | ||||||
5 | disciplinary action may
be taken. School authorities may also | ||||||
6 | turn over such evidence to law
enforcement authorities.
| ||||||
7 | (f) Suspension or expulsion may include suspension or | ||||||
8 | expulsion from
school and all school activities and a | ||||||
9 | prohibition from being present on school
grounds.
| ||||||
10 | (g) A school district may adopt a policy providing that if | ||||||
11 | a student
is suspended or expelled for any reason from any | ||||||
12 | public or private school
in this or any other state, the | ||||||
13 | student must complete the entire term of
the suspension or | ||||||
14 | expulsion in an alternative school program under Article 13A | ||||||
15 | of this Code or an alternative learning opportunities program | ||||||
16 | under Article 13B of this Code before being admitted into the | ||||||
17 | school
district if there is no threat to the safety of students | ||||||
18 | or staff in the alternative program.
| ||||||
19 | (h) School officials shall not advise or encourage | ||||||
20 | students to drop out voluntarily due to behavioral or academic | ||||||
21 | difficulties. | ||||||
22 | (i) A student may not be issued a monetary fine or fee as a | ||||||
23 | disciplinary consequence, though this shall not preclude | ||||||
24 | requiring a student to provide restitution for lost, stolen, | ||||||
25 | or damaged property. | ||||||
26 | (j) Subsections (a) through (i) of this Section shall |
| |||||||
| |||||||
1 | apply to elementary and secondary schools, charter schools, | ||||||
2 | special charter districts, and school districts organized | ||||||
3 | under Article 34 of this Code. | ||||||
4 | (k) The expulsion of children enrolled in programs funded | ||||||
5 | under Section 1C-2 of this Code is subject to the requirements | ||||||
6 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
7 | this Code. | ||||||
8 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
9 | suspension program provided by a school district for any | ||||||
10 | students in kindergarten through grade 12 may focus on | ||||||
11 | promoting non-violent conflict resolution and positive | ||||||
12 | interaction with other students and school personnel. A school | ||||||
13 | district may employ a school social worker or a licensed | ||||||
14 | mental health professional to oversee an in-school suspension | ||||||
15 | program in kindergarten through grade 12. | ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | ||||||
17 | (Text of Section after amendment by P.A. 102-466 )
| ||||||
18 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
19 | searches.
| ||||||
20 | (a) To expel pupils guilty of gross disobedience or | ||||||
21 | misconduct, including gross disobedience or misconduct | ||||||
22 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
23 | of this Section, and
no action shall lie against them for such | ||||||
24 | expulsion. Expulsion shall
take place only after the parents | ||||||
25 | or guardians have been requested to appear at a
meeting of the |
| |||||||
| |||||||
1 | board, or with a hearing officer appointed by it, to
discuss | ||||||
2 | their child's behavior. Such request shall be made by | ||||||
3 | registered
or certified mail and shall state the time, place | ||||||
4 | and purpose of the
meeting. The board, or a hearing officer | ||||||
5 | appointed by it, at such
meeting shall state the reasons for | ||||||
6 | dismissal and the date on which the
expulsion is to become | ||||||
7 | effective. If a hearing officer is appointed by
the board, he | ||||||
8 | shall report to the board a written summary of the evidence
| ||||||
9 | heard at the meeting and the board may take such action thereon | ||||||
10 | as it
finds appropriate. If the board acts to expel a pupil, | ||||||
11 | the written expulsion decision shall detail the specific | ||||||
12 | reasons why removing the pupil from the learning environment | ||||||
13 | is in the best interest of the school. The expulsion decision | ||||||
14 | shall also include a rationale as to the specific duration of | ||||||
15 | the expulsion. An expelled pupil may be immediately | ||||||
16 | transferred to an alternative program in the manner provided | ||||||
17 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
18 | transfer because of the expulsion, except in cases in which | ||||||
19 | such transfer is deemed to cause a threat to the safety of | ||||||
20 | students or staff in the alternative program.
| ||||||
21 | (b) To suspend or by policy to authorize the | ||||||
22 | superintendent of
the district or the principal, assistant | ||||||
23 | principal, or dean of students
of any school to suspend pupils | ||||||
24 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
25 | pupils guilty of gross disobedience or misconduct on the | ||||||
26 | school bus
from riding the school bus, pursuant to subsections |
| |||||||
| |||||||
1 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
2 | against them for such suspension. The board may by policy
| ||||||
3 | authorize the superintendent of the district or the principal, | ||||||
4 | assistant
principal, or dean of students of any
school to | ||||||
5 | suspend pupils guilty of such acts for a period not to exceed
| ||||||
6 | 10 school days. If a pupil is suspended due to gross | ||||||
7 | disobedience or misconduct
on a school bus, the board may | ||||||
8 | suspend the pupil in excess of 10
school
days for safety | ||||||
9 | reasons. | ||||||
10 | Any suspension shall be reported immediately to the
| ||||||
11 | parents or guardians of a pupil along with a full statement of | ||||||
12 | the
reasons for such suspension and a notice of their right to | ||||||
13 | a review. The school board must be given a summary of the | ||||||
14 | notice, including the reason for the suspension and the | ||||||
15 | suspension length. Upon request of the
parents or guardians, | ||||||
16 | the school board or a hearing officer appointed by
it shall | ||||||
17 | review such action of the superintendent or principal, | ||||||
18 | assistant
principal, or dean of students. At such
review, the | ||||||
19 | parents or guardians of the pupil may appear and discuss the
| ||||||
20 | suspension with the board or its hearing officer. If a hearing | ||||||
21 | officer
is appointed by the board, he shall report to the board | ||||||
22 | a written summary
of the evidence heard at the meeting. After | ||||||
23 | its hearing or upon receipt
of the written report of its | ||||||
24 | hearing officer, the board may take such
action as it finds | ||||||
25 | appropriate. If a student is suspended pursuant to this | ||||||
26 | subsection (b), the board shall, in the written suspension |
| |||||||
| |||||||
1 | decision, detail the specific act of gross disobedience or | ||||||
2 | misconduct resulting in the decision to suspend. The | ||||||
3 | suspension decision shall also include a rationale as to the | ||||||
4 | specific duration of the suspension. A pupil who is suspended | ||||||
5 | in excess of 20 school days may be immediately transferred to | ||||||
6 | an alternative program in the manner provided in Article 13A | ||||||
7 | or 13B of this Code. A pupil must not be denied transfer | ||||||
8 | because of the suspension, except in cases in which such | ||||||
9 | transfer is deemed to cause a threat to the safety of students | ||||||
10 | or staff in the alternative program.
| ||||||
11 | (b-5) Among the many possible disciplinary interventions | ||||||
12 | and consequences available to school officials, school | ||||||
13 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
14 | are the most serious. School officials shall limit the number | ||||||
15 | and duration of expulsions and suspensions to the greatest | ||||||
16 | extent practicable, and it is recommended that they use them | ||||||
17 | only for legitimate educational purposes. To ensure that | ||||||
18 | students are not excluded from school unnecessarily, it is | ||||||
19 | recommended that school officials consider forms of | ||||||
20 | non-exclusionary discipline prior to using out-of-school | ||||||
21 | suspensions or expulsions. | ||||||
22 | (b-10) Unless otherwise required by federal law or this | ||||||
23 | Code, school boards may not institute zero-tolerance policies | ||||||
24 | by which school administrators are required to suspend or | ||||||
25 | expel students for particular behaviors. | ||||||
26 | (b-15) Out-of-school suspensions of 3 days or less may be |
| |||||||
| |||||||
1 | used only if the student's continuing presence in school would | ||||||
2 | pose a threat to school safety or a disruption to other | ||||||
3 | students' learning opportunities. For purposes of this | ||||||
4 | subsection (b-15), "threat to school safety or a disruption to | ||||||
5 | other students' learning opportunities" shall be determined on | ||||||
6 | a case-by-case basis by the school board or its designee. | ||||||
7 | School officials shall make all reasonable efforts to resolve | ||||||
8 | such threats, address such disruptions, and minimize the | ||||||
9 | length of suspensions to the greatest extent practicable. | ||||||
10 | (b-20) Unless otherwise required by this Code, | ||||||
11 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
12 | and disciplinary removals to alternative schools may be used | ||||||
13 | only if other appropriate and available behavioral and | ||||||
14 | disciplinary interventions have been exhausted and the | ||||||
15 | student's continuing presence in school would either (i) pose | ||||||
16 | a
threat to the safety of other students, staff, or members of
| ||||||
17 | the school community or (ii) substantially disrupt, impede, or
| ||||||
18 | interfere with the operation of the school. For purposes of | ||||||
19 | this subsection (b-20), "threat to the safety of other | ||||||
20 | students, staff, or members of the school community" and | ||||||
21 | "substantially disrupt, impede, or interfere with the | ||||||
22 | operation of the school" shall be determined on a case-by-case | ||||||
23 | basis by school officials. For purposes of this subsection | ||||||
24 | (b-20), the determination of whether "appropriate and | ||||||
25 | available behavioral and disciplinary interventions have been | ||||||
26 | exhausted" shall be made by school officials. School officials |
| |||||||
| |||||||
1 | shall make all reasonable efforts to resolve such threats, | ||||||
2 | address such disruptions, and minimize the length of student | ||||||
3 | exclusions to the greatest extent practicable. Within the | ||||||
4 | suspension decision described in subsection (b) of this | ||||||
5 | Section or the expulsion decision described in subsection (a) | ||||||
6 | of this Section, it shall be documented whether other | ||||||
7 | interventions were attempted or whether it was determined that | ||||||
8 | there were no other appropriate and available interventions. | ||||||
9 | (b-25) Students who are suspended out-of-school for longer | ||||||
10 | than 4 school days shall be provided appropriate and available | ||||||
11 | support services during the period of their suspension. For | ||||||
12 | purposes of this subsection (b-25), "appropriate and available | ||||||
13 | support services" shall be determined by school authorities. | ||||||
14 | Within the suspension decision described in subsection (b) of | ||||||
15 | this Section, it shall be documented whether such services are | ||||||
16 | to be provided or whether it was determined that there are no | ||||||
17 | such appropriate and available services. | ||||||
18 | A school district may refer students who are expelled to | ||||||
19 | appropriate and available support services. | ||||||
20 | A school district shall create a policy to facilitate the | ||||||
21 | re-engagement of students who are suspended out-of-school, | ||||||
22 | expelled, or returning from an alternative school setting. | ||||||
23 | (b-30) A school district shall create a policy by which | ||||||
24 | suspended pupils, including those pupils suspended from the | ||||||
25 | school bus who do not have alternate transportation to school, | ||||||
26 | shall have the opportunity to make up work for equivalent |
| |||||||
| |||||||
1 | academic credit. It shall be the responsibility of a pupil's | ||||||
2 | parents or guardians to notify school officials that a pupil | ||||||
3 | suspended from the school bus does not have alternate | ||||||
4 | transportation to school. | ||||||
5 | (b-35) In all suspension review hearings conducted
under | ||||||
6 | subsection (b) or expulsion hearings conducted
under | ||||||
7 | subsection (a), a student may disclose any factor to be | ||||||
8 | considered in mitigation, including his or her status as
a | ||||||
9 | parent, expectant parent, or victim of domestic or sexual | ||||||
10 | violence, as defined in Article 26A. A representative of the
| ||||||
11 | parent's or guardian's choice, or of the student's choice if | ||||||
12 | emancipated, must be permitted to represent
the student | ||||||
13 | throughout the proceedings and to address the school board or | ||||||
14 | its appointed hearing officer. With the
approval of the | ||||||
15 | student's parent or guardian, or of the student if | ||||||
16 | emancipated, a support person
must be permitted to accompany | ||||||
17 | the student to any disciplinary
hearings or proceedings. The | ||||||
18 | representative or support person must comply with any rules of | ||||||
19 | the school district's hearing process. If the representative | ||||||
20 | or support person violates the rules or engages in behavior or | ||||||
21 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
22 | witness, or anyone else in attendance at the hearing, the | ||||||
23 | representative or support person may be prohibited from | ||||||
24 | further participation in the hearing or proceeding. A | ||||||
25 | suspension or expulsion proceeding
under this subsection | ||||||
26 | (b-35) must be conducted independently
from any ongoing |
| |||||||
| |||||||
1 | criminal investigation or proceeding, and an absence of | ||||||
2 | pending or possible criminal charges, criminal investigations, | ||||||
3 | or proceedings may not be a factor in school
disciplinary | ||||||
4 | decisions. | ||||||
5 | (b-40) During a suspension review hearing conducted
under | ||||||
6 | subsection (b) or an expulsion hearing conducted
under | ||||||
7 | subsection (a) that involves allegations of sexual
violence by | ||||||
8 | the student who is subject to discipline, neither
the student | ||||||
9 | nor his or her representative shall directly
question nor have | ||||||
10 | direct contact with the alleged victim. The
student who is | ||||||
11 | subject to discipline or his or her
representative may, at the | ||||||
12 | discretion and direction of the
school board or its appointed | ||||||
13 | hearing officer, suggest
questions to be posed by the school | ||||||
14 | board or its appointed
hearing officer to the alleged victim. | ||||||
15 | (c) A school board must invite a representative from a | ||||||
16 | local mental health agency to consult with the board at the | ||||||
17 | meeting whenever there is evidence that mental illness may be | ||||||
18 | the cause of a student's expulsion or suspension.
| ||||||
19 | (c-5) School districts shall make reasonable efforts to | ||||||
20 | provide ongoing professional development to teachers, | ||||||
21 | administrators, school board members, school resource | ||||||
22 | officers, and staff on the adverse consequences of school | ||||||
23 | exclusion and justice-system involvement, effective classroom | ||||||
24 | management strategies, culturally responsive discipline, the | ||||||
25 | appropriate and available supportive services for the | ||||||
26 | promotion of student attendance and engagement, and |
| |||||||
| |||||||
1 | developmentally appropriate disciplinary methods that promote | ||||||
2 | positive and healthy school climates. | ||||||
3 | (d) The board may expel a student for a definite period of | ||||||
4 | time not to
exceed 2 calendar years, as determined on a | ||||||
5 | case-by-case basis.
A student who
is determined to have | ||||||
6 | brought one of the following objects to school, any | ||||||
7 | school-sponsored activity
or event, or any activity or event | ||||||
8 | that bears a reasonable relationship to school shall be | ||||||
9 | expelled for a period of not less than
one year: | ||||||
10 | (1) A firearm. For the purposes of this Section, | ||||||
11 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
12 | by Section 921 of Title 18 of the United States Code, | ||||||
13 | firearm as defined in Section 2-7.5 1.1 of the Firearm | ||||||
14 | Owners Identification Card Act, or firearm as defined in | ||||||
15 | Section 24-1 of the Criminal Code of 2012. The expulsion | ||||||
16 | period under this subdivision (1) may be modified by the | ||||||
17 | superintendent, and the superintendent's determination may | ||||||
18 | be modified by the board on a case-by-case basis. | ||||||
19 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
20 | regardless of its composition, a billy club, or any other | ||||||
21 | object if used or attempted to be used to cause bodily | ||||||
22 | harm, including "look alikes" of any firearm as defined in | ||||||
23 | subdivision (1) of this subsection (d). The expulsion | ||||||
24 | requirement under this subdivision (2) may be modified by | ||||||
25 | the superintendent, and the superintendent's determination | ||||||
26 | may be modified by the board on a case-by-case basis. |
| |||||||
| |||||||
1 | Expulsion
or suspension
shall be construed in a
manner | ||||||
2 | consistent with the federal Individuals with Disabilities | ||||||
3 | Education
Act. A student who is subject to suspension or | ||||||
4 | expulsion as provided in this
Section may be eligible for a | ||||||
5 | transfer to an alternative school program in
accordance with | ||||||
6 | Article 13A of the School Code.
| ||||||
7 | (d-5) The board may suspend or by regulation
authorize the | ||||||
8 | superintendent of the district or the principal, assistant
| ||||||
9 | principal, or dean of students of any
school to suspend a | ||||||
10 | student for a period not to exceed
10 school days or may expel | ||||||
11 | a student for a definite period of time not to
exceed 2 | ||||||
12 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
13 | that student has been determined to have made an explicit | ||||||
14 | threat on an Internet website against a school employee, a | ||||||
15 | student, or any school-related personnel, (ii) the Internet | ||||||
16 | website through which the threat was made is a site that was | ||||||
17 | accessible within the school at the time the threat was made or | ||||||
18 | was available to third parties who worked or studied within | ||||||
19 | the school grounds at the time the threat was made, and (iii) | ||||||
20 | the threat could be reasonably interpreted as threatening to | ||||||
21 | the safety and security of the threatened individual because | ||||||
22 | of his or her duties or employment status or status as a | ||||||
23 | student inside the school.
| ||||||
24 | (e) To maintain order and security in the schools, school | ||||||
25 | authorities may
inspect and search places and areas such as | ||||||
26 | lockers, desks, parking lots, and
other school property and |
| |||||||
| |||||||
1 | equipment owned or controlled by the school, as well
as | ||||||
2 | personal effects left in those places and areas by students, | ||||||
3 | without notice
to or the consent of the student, and without a | ||||||
4 | search warrant. As a matter of
public policy, the General | ||||||
5 | Assembly finds that students have no reasonable
expectation of | ||||||
6 | privacy in these places and areas or in their personal effects
| ||||||
7 | left in these places and areas. School authorities may request | ||||||
8 | the assistance
of law enforcement officials for the purpose of | ||||||
9 | conducting inspections and
searches of lockers, desks, parking | ||||||
10 | lots, and other school property and
equipment owned or | ||||||
11 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
12 | illegal or dangerous substances or materials, including | ||||||
13 | searches conducted
through the use of specially trained dogs. | ||||||
14 | If a search conducted in accordance
with this Section produces | ||||||
15 | evidence that the student has violated or is
violating either | ||||||
16 | the law, local ordinance, or the school's policies or rules,
| ||||||
17 | such evidence may be seized by school authorities, and | ||||||
18 | disciplinary action may
be taken. School authorities may also | ||||||
19 | turn over such evidence to law
enforcement authorities.
| ||||||
20 | (f) Suspension or expulsion may include suspension or | ||||||
21 | expulsion from
school and all school activities and a | ||||||
22 | prohibition from being present on school
grounds.
| ||||||
23 | (g) A school district may adopt a policy providing that if | ||||||
24 | a student
is suspended or expelled for any reason from any | ||||||
25 | public or private school
in this or any other state, the | ||||||
26 | student must complete the entire term of
the suspension or |
| |||||||
| |||||||
1 | expulsion in an alternative school program under Article 13A | ||||||
2 | of this Code or an alternative learning opportunities program | ||||||
3 | under Article 13B of this Code before being admitted into the | ||||||
4 | school
district if there is no threat to the safety of students | ||||||
5 | or staff in the alternative program. A school district that | ||||||
6 | adopts a policy under this subsection (g) must include a | ||||||
7 | provision allowing for consideration of any mitigating | ||||||
8 | factors, including, but not limited to, a student's status as | ||||||
9 | a parent, expectant parent, or victim of domestic or sexual | ||||||
10 | violence, as defined in Article 26A.
| ||||||
11 | (h) School officials shall not advise or encourage | ||||||
12 | students to drop out voluntarily due to behavioral or academic | ||||||
13 | difficulties. | ||||||
14 | (i) A student may not be issued a monetary fine or fee as a | ||||||
15 | disciplinary consequence, though this shall not preclude | ||||||
16 | requiring a student to provide restitution for lost, stolen, | ||||||
17 | or damaged property. | ||||||
18 | (j) Subsections (a) through (i) of this Section shall | ||||||
19 | apply to elementary and secondary schools, charter schools, | ||||||
20 | special charter districts, and school districts organized | ||||||
21 | under Article 34 of this Code. | ||||||
22 | (k) The expulsion of children enrolled in programs funded | ||||||
23 | under Section 1C-2 of this Code is subject to the requirements | ||||||
24 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
25 | this Code. | ||||||
26 | (l) Beginning with the 2018-2019 school year, an in-school |
| |||||||
| |||||||
1 | suspension program provided by a school district for any | ||||||
2 | students in kindergarten through grade 12 may focus on | ||||||
3 | promoting non-violent conflict resolution and positive | ||||||
4 | interaction with other students and school personnel. A school | ||||||
5 | district may employ a school social worker or a licensed | ||||||
6 | mental health professional to oversee an in-school suspension | ||||||
7 | program in kindergarten through grade 12. | ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
9 | 102-539, eff. 8-20-21; revised 9-23-21.)
| ||||||
10 | (105 ILCS 5/10-27.1A)
| ||||||
11 | Sec. 10-27.1A. Firearms in schools.
| ||||||
12 | (a) All school officials, including teachers, school | ||||||
13 | counselors, and
support staff, shall immediately notify the | ||||||
14 | office of the principal in the
event that they observe any | ||||||
15 | person in possession of a firearm on school
grounds; provided | ||||||
16 | that taking such immediate action to notify the office of the
| ||||||
17 | principal would not immediately endanger the health, safety, | ||||||
18 | or welfare of
students who are under the direct supervision of | ||||||
19 | the school official or the
school official. If the health, | ||||||
20 | safety, or welfare of students under the
direct supervision of | ||||||
21 | the school official or of the school official is
immediately | ||||||
22 | endangered, the school official shall notify the office of the
| ||||||
23 | principal as soon as the students under his or her supervision | ||||||
24 | and he or she
are no longer under immediate danger. A report is | ||||||
25 | not required by this Section
when the school official knows |
| |||||||
| |||||||
1 | that the person in possession of the firearm is
a law | ||||||
2 | enforcement official engaged in the conduct of his or her | ||||||
3 | official
duties. Any school official acting in good faith who | ||||||
4 | makes such a report under
this Section shall have immunity | ||||||
5 | from any civil or criminal liability that
might otherwise be | ||||||
6 | incurred as a result of making the report. The identity of
the | ||||||
7 | school official making such report shall not be disclosed | ||||||
8 | except as
expressly and specifically authorized by law. | ||||||
9 | Knowingly and willfully failing
to comply with this Section is | ||||||
10 | a petty offense. A second or subsequent offense
is a Class C | ||||||
11 | misdemeanor.
| ||||||
12 | (b) Upon receiving a report from any school official | ||||||
13 | pursuant to this
Section, or from any other person, the | ||||||
14 | principal or his or her designee shall
immediately notify a | ||||||
15 | local law enforcement agency. If the person found to be
in | ||||||
16 | possession of a firearm on school grounds is a student, the | ||||||
17 | principal or
his or her designee shall also immediately notify | ||||||
18 | that student's parent or
guardian. Any principal or his or her | ||||||
19 | designee acting in good faith who makes
such reports under | ||||||
20 | this Section shall have immunity from any civil or criminal
| ||||||
21 | liability that might otherwise be incurred or imposed as a | ||||||
22 | result of making
the reports. Knowingly and willfully failing | ||||||
23 | to comply with this Section is a
petty offense. A second or | ||||||
24 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
25 | found to be in possession of the firearm on school grounds is a
| ||||||
26 | minor, the law enforcement agency shall detain that minor |
| |||||||
| |||||||
1 | until such time as
the agency makes a determination pursuant | ||||||
2 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
3 | Juvenile Court Act of 1987, as to whether the agency
| ||||||
4 | reasonably believes that the minor is delinquent. If the law | ||||||
5 | enforcement
agency determines that probable cause exists to | ||||||
6 | believe that the minor
committed a violation of item (4) of | ||||||
7 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
8 | while on school grounds, the agency shall detain the
minor for | ||||||
9 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
10 | of
1987.
| ||||||
11 | (c) On or after January 1, 1997, upon receipt of any | ||||||
12 | written,
electronic, or verbal report from any school | ||||||
13 | personnel regarding a verified
incident involving a firearm in | ||||||
14 | a school or on school owned or leased property,
including any | ||||||
15 | conveyance owned,
leased, or used by the school for the | ||||||
16 | transport of students or school
personnel, the superintendent | ||||||
17 | or his or her designee shall report all such
firearm-related | ||||||
18 | incidents occurring in a school or on school property to the
| ||||||
19 | local law enforcement authorities immediately and to the | ||||||
20 | Illinois State Police in a form, manner, and frequency as | ||||||
21 | prescribed by the Illinois State Police.
| ||||||
22 | The State Board of Education shall receive an annual | ||||||
23 | statistical compilation
and related data associated with | ||||||
24 | incidents involving firearms in schools from
the Illinois | ||||||
25 | State Police. The State Board of Education shall compile
this | ||||||
26 | information by school district and make it available to the |
| |||||||
| |||||||
1 | public.
| ||||||
2 | (d) As used in this Section, the term "firearm" shall have | ||||||
3 | the meaning
ascribed to it in Section 2-7.5 of the Criminal | ||||||
4 | Code of 2012 1.1 of the Firearm Owners Identification Card | ||||||
5 | Act .
| ||||||
6 | As used in this Section, the term "school" means any | ||||||
7 | public or private
elementary or secondary school.
| ||||||
8 | As used in this Section, the term "school grounds" | ||||||
9 | includes the real property
comprising any school, any | ||||||
10 | conveyance owned, leased, or contracted by a school
to | ||||||
11 | transport students to or from school or a school-related | ||||||
12 | activity, or any
public way within 1,000 feet of the real | ||||||
13 | property comprising any school.
| ||||||
14 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
15 | revised 10-6-21.)
| ||||||
16 | (105 ILCS 5/34-8.05)
| ||||||
17 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
18 | January 1,
1997,
upon receipt of any written,
electronic, or | ||||||
19 | verbal report from any school personnel regarding a verified
| ||||||
20 | incident involving a firearm in a school or on school owned or | ||||||
21 | leased property,
including any conveyance owned,
leased, or | ||||||
22 | used by the school for the transport of students or school
| ||||||
23 | personnel, the general superintendent or his or her designee | ||||||
24 | shall report all
such
firearm-related incidents occurring in a | ||||||
25 | school or on school property to the
local law enforcement |
| |||||||
| |||||||
1 | authorities no later than 24 hours after the occurrence
of the | ||||||
2 | incident and to the Illinois State Police in a form, manner, | ||||||
3 | and
frequency as prescribed by the Illinois State Police.
| ||||||
4 | The State Board of Education shall receive an annual | ||||||
5 | statistical compilation
and related data associated with | ||||||
6 | incidents involving firearms in schools from
the Illinois | ||||||
7 | State Police. As used in this Section, the term "firearm"
| ||||||
8 | shall have the meaning ascribed to it in Section 2-7.5 of the | ||||||
9 | Criminal Code of 2012 1.1 of the Firearm Owners
Identification | ||||||
10 | Card Act .
| ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | Section 40. The Illinois Explosives Act is amended by | ||||||
13 | changing Section 2005 as follows:
| ||||||
14 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
15 | Sec. 2005. Qualifications for licensure. | ||||||
16 | (a) No person shall qualify to hold a license who: | ||||||
17 | (1) is under 21 years of age; | ||||||
18 | (2) has been convicted in any court of a crime | ||||||
19 | punishable by imprisonment for a term exceeding one year; | ||||||
20 | (3) is under indictment for a crime punishable by | ||||||
21 | imprisonment for a term exceeding one year; | ||||||
22 | (4) is a fugitive from justice; | ||||||
23 | (5) is an unlawful user of or addicted to any | ||||||
24 | controlled substance as defined in Section 102 of the |
| |||||||
| |||||||
1 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
2 | seq.); | ||||||
3 | (6) has been adjudicated a person with a mental | ||||||
4 | disability as defined in Section 6-103.1 of the Mental | ||||||
5 | Health and Developmental Disabilities Code 1.1 of the | ||||||
6 | Firearm Owners Identification Card Act ; or | ||||||
7 | (7) is not a legal citizen of the United States or | ||||||
8 | lawfully admitted for permanent residence. | ||||||
9 | (b) A person who has been granted a "relief from | ||||||
10 | disabilities" regarding criminal convictions and indictments, | ||||||
11 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
12 | 845) may receive a license provided all other qualifications | ||||||
13 | under this Act are met.
| ||||||
14 | (Source: P.A. 101-541, eff. 8-23-19.)
| ||||||
15 | Section 45. The Private Detective, Private Alarm, Private | ||||||
16 | Security, and
Locksmith Act of 2004 is amended by changing | ||||||
17 | Sections 35-30 and 35-35 as follows:
| ||||||
18 | (225 ILCS 447/35-30)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
20 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
21 | licensed agency, other than those exempted, shall apply for a
| ||||||
22 | permanent employee registration card. The holder of an agency
| ||||||
23 | license issued under this Act, known in this Section as
| ||||||
24 | "employer", may employ in the conduct of his or her business
|
| |||||||
| |||||||
1 | employees under the following provisions:
| ||||||
2 | (a) No person shall be issued a permanent employee
| ||||||
3 | registration card who:
| ||||||
4 | (1) Is younger than 18 years of age.
| ||||||
5 | (2) Is younger than 21 years of age if the
services | ||||||
6 | will include being armed.
| ||||||
7 | (3) Has been determined by the Department to
be unfit | ||||||
8 | by reason of conviction of an offense in this or
another | ||||||
9 | state, including registration as a sex offender, but not | ||||||
10 | including a traffic offense. Persons convicted of felonies | ||||||
11 | involving bodily harm, weapons, violence, or theft within | ||||||
12 | the previous 10 years shall be presumed to be unfit for | ||||||
13 | registration. The Department
shall adopt rules for making | ||||||
14 | those determinations that shall
afford the applicant due | ||||||
15 | process of law.
| ||||||
16 | (4) Has had a license or permanent employee
| ||||||
17 | registration card denied, suspended, or revoked under this | ||||||
18 | Act (i) within one
year before the date the
person's | ||||||
19 | application for permanent employee registration card
is | ||||||
20 | received by the Department; and (ii) that refusal, denial,
| ||||||
21 | suspension, or revocation was based on any provision of | ||||||
22 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
23 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
24 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
25 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
26 | subsection (a) of Section 25-10, subsection
(b) of Section |
| |||||||
| |||||||
1 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
2 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
3 | (5) Has been declared incompetent by any court
of | ||||||
4 | competent jurisdiction by reason of mental disease or
| ||||||
5 | defect and has not been restored.
| ||||||
6 | (6) Has been dishonorably discharged from the
armed | ||||||
7 | services of the United States.
| ||||||
8 | (b) No person may be employed by a private
detective | ||||||
9 | agency, private security contractor agency, private
alarm | ||||||
10 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
11 | agency under this
Section until he or she has executed and | ||||||
12 | furnished to the
employer, on forms furnished by the | ||||||
13 | Department, a verified
statement to be known as "Employee's | ||||||
14 | Statement" setting forth:
| ||||||
15 | (1) The person's full name, age, and residence
| ||||||
16 | address.
| ||||||
17 | (2) The business or occupation engaged in for
the 5 | ||||||
18 | years immediately before the date of the execution of
the | ||||||
19 | statement, the place where the business or occupation was
| ||||||
20 | engaged in, and the names of employers, if any.
| ||||||
21 | (3) That the person has not had a license or
employee | ||||||
22 | registration denied, revoked, or suspended under this
Act | ||||||
23 | (i) within one year before the date the person's | ||||||
24 | application
for permanent employee registration card is | ||||||
25 | received by the
Department; and (ii) that refusal, denial, | ||||||
26 | suspension, or
revocation was based on any provision of |
| |||||||
| |||||||
1 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
2 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
3 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
4 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
5 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
6 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
7 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
8 | (4) Any conviction of a felony or misdemeanor.
| ||||||
9 | (5) Any declaration of incompetence by a court
of | ||||||
10 | competent jurisdiction that has not been restored.
| ||||||
11 | (6) Any dishonorable discharge from the armed
services | ||||||
12 | of the United States.
| ||||||
13 | (7) Any other information as may be required by
any | ||||||
14 | rule of the Department to show the good character,
| ||||||
15 | competency, and integrity of the person executing the
| ||||||
16 | statement.
| ||||||
17 | (c) Each applicant for a permanent employee registration
| ||||||
18 | card shall have his or her fingerprints submitted to the
| ||||||
19 | Illinois State Police in an electronic format that
complies | ||||||
20 | with the form and manner for requesting and
furnishing | ||||||
21 | criminal history record information as prescribed
by the | ||||||
22 | Illinois State Police. These fingerprints shall
be checked | ||||||
23 | against the Illinois State Police and Federal
Bureau of | ||||||
24 | Investigation criminal history record databases now
and | ||||||
25 | hereafter filed. The Illinois State Police shall
charge | ||||||
26 | applicants a fee for conducting the criminal history
records |
| |||||||
| |||||||
1 | check, which shall be deposited in the State Police
Services | ||||||
2 | Fund and shall not exceed the actual cost of the
records check. | ||||||
3 | The Illinois State Police shall furnish,
pursuant to positive | ||||||
4 | identification, records of Illinois
convictions to the | ||||||
5 | Department. The Department may require
applicants to pay a | ||||||
6 | separate fingerprinting fee, either to the
Department or | ||||||
7 | directly to the vendor. The Department, in
its discretion, may | ||||||
8 | allow an applicant who does not have
reasonable access to a | ||||||
9 | designated vendor to provide his or her
fingerprints in an | ||||||
10 | alternative manner. The
Department, in its discretion, may | ||||||
11 | also use other
procedures in performing or obtaining criminal | ||||||
12 | background
checks of applicants. Instead of submitting his or | ||||||
13 | her
fingerprints, an individual may submit proof that is
| ||||||
14 | satisfactory to the Department that an equivalent security
| ||||||
15 | clearance has been conducted. Also, an individual who has
| ||||||
16 | retired as a peace officer within 12 months of application may
| ||||||
17 | submit verification, on forms provided by the Department and
| ||||||
18 | signed by his or her employer, of his or her previous full-time | ||||||
19 | employment as a
peace officer.
| ||||||
20 | (d) The Department shall issue a permanent employee
| ||||||
21 | registration card, in a form the Department prescribes, to all
| ||||||
22 | qualified applicants.
The holder of a permanent employee | ||||||
23 | registration card shall
carry the card at all times while | ||||||
24 | actually engaged in the
performance of the duties of his or her | ||||||
25 | employment.
Expiration and requirements for renewal of | ||||||
26 | permanent employee
registration cards shall be established by |
| |||||||
| |||||||
1 | rule of the
Department. Possession of a permanent employee | ||||||
2 | registration
card does not in any way imply that the holder of | ||||||
3 | the card is
employed by an agency unless the permanent | ||||||
4 | employee
registration card is accompanied by the employee
| ||||||
5 | identification card required by subsection (f) of this
| ||||||
6 | Section.
| ||||||
7 | (e) Each employer shall maintain a record of each
employee | ||||||
8 | that is accessible to the duly authorized
representatives of | ||||||
9 | the Department. The record shall contain
the following | ||||||
10 | information:
| ||||||
11 | (1) A photograph taken within 10 days of the date
that | ||||||
12 | the employee begins employment with the employer. The
| ||||||
13 | photograph shall be replaced with a current photograph | ||||||
14 | every 3
calendar years.
| ||||||
15 | (2) The Employee's Statement specified in
subsection | ||||||
16 | (b) of this Section.
| ||||||
17 | (3) All correspondence or documents relating to the
| ||||||
18 | character and integrity of the employee received by the
| ||||||
19 | employer from any official source or law enforcement | ||||||
20 | agency.
| ||||||
21 | (4) In the case of former employees, the employee
| ||||||
22 | identification card of that person issued under subsection | ||||||
23 | (f)
of this Section. Each employee record shall duly note | ||||||
24 | if the
employee is employed in an armed capacity. Armed | ||||||
25 | employee
files shall contain a copy of an active firearm | ||||||
26 | owner's
identification card and a copy of an active |
| |||||||
| |||||||
1 | firearm
control card. Each employer shall maintain a | ||||||
2 | record for
each armed employee of each instance in which | ||||||
3 | the employee's
weapon was discharged during the course of | ||||||
4 | his or her
professional duties or activities. The record | ||||||
5 | shall be
maintained on forms provided by the Department, a | ||||||
6 | copy of
which must be filed with the Department within 15 | ||||||
7 | days of an
instance. The record shall include the date and | ||||||
8 | time of the
occurrence, the circumstances involved in the | ||||||
9 | occurrence, and
any other information as the Department | ||||||
10 | may require. Failure
to provide this information to the | ||||||
11 | Department or failure to
maintain the record as a part of | ||||||
12 | each armed employee's
permanent file is grounds for | ||||||
13 | disciplinary action. The
Department, upon receipt of a | ||||||
14 | report, shall have the authority
to make any investigation | ||||||
15 | it considers appropriate into any
occurrence in which an | ||||||
16 | employee's weapon was discharged and to
take disciplinary | ||||||
17 | action as may be appropriate.
| ||||||
18 | (5) A copy of the employee's permanent employee | ||||||
19 | registration card or a copy of the Department's "License | ||||||
20 | Lookup" Webpage showing that the employee has been issued | ||||||
21 | a valid permanent employee registration card by the | ||||||
22 | Department.
| ||||||
23 | The Department may, by rule, prescribe further
record | ||||||
24 | requirements.
| ||||||
25 | (f) Every employer shall furnish an employee
| ||||||
26 | identification card to each of his or her employees. This
|
| |||||||
| |||||||
1 | employee identification card shall contain a recent photograph
| ||||||
2 | of the employee, the employee's name, the name and agency
| ||||||
3 | license number of the employer, the employee's personal
| ||||||
4 | description, the signature of the employer, the signature of
| ||||||
5 | that employee, the date of issuance, and an employee
| ||||||
6 | identification card number.
| ||||||
7 | (g) No employer may issue an employee identification
card | ||||||
8 | to any person who is not employed by the employer in
accordance | ||||||
9 | with this Section or falsely state or represent
that a person | ||||||
10 | is or has been in his or her employ. It is
unlawful for an | ||||||
11 | applicant for registered employment to file
with the | ||||||
12 | Department the fingerprints of a person other than
himself or | ||||||
13 | herself.
| ||||||
14 | (h) Every employer shall obtain the identification card
of | ||||||
15 | every employee who terminates employment with him or her.
| ||||||
16 | (i) Every employer shall maintain a separate roster of
the | ||||||
17 | names of all employees currently working in an armed
capacity | ||||||
18 | and submit the roster to the Department on request.
| ||||||
19 | (j) No agency may employ any person to perform a
licensed | ||||||
20 | activity under this Act unless the person possesses a
valid | ||||||
21 | permanent employee registration card or a valid license
under | ||||||
22 | this Act, or is exempt pursuant to subsection (n).
| ||||||
23 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
24 | agency may employ a person in a temporary capacity if all of
| ||||||
25 | the following conditions are met:
| ||||||
26 | (1) The agency completes in its entirety and
submits |
| |||||||
| |||||||
1 | to the Department an application for a permanent
employee | ||||||
2 | registration card, including the required fingerprint
| ||||||
3 | receipt and fees.
| ||||||
4 | (2) The agency has verification from the Department
| ||||||
5 | that the applicant has no record of any criminal | ||||||
6 | conviction
pursuant to the criminal history check | ||||||
7 | conducted by the
Illinois State Police. The agency shall | ||||||
8 | maintain the
verification of the results of the Illinois | ||||||
9 | State Police
criminal history check as part of the | ||||||
10 | employee record as
required under subsection (e) of this | ||||||
11 | Section.
| ||||||
12 | (3) The agency exercises due diligence to ensure
that | ||||||
13 | the person is qualified under the requirements of the Act
| ||||||
14 | to be issued a permanent employee registration card.
| ||||||
15 | (4) The agency maintains a separate roster of the
| ||||||
16 | names of all employees whose applications are currently
| ||||||
17 | pending with the Department and submits the roster to the
| ||||||
18 | Department on a monthly basis. Rosters are to be | ||||||
19 | maintained
by the agency for a period of at least 24 | ||||||
20 | months.
| ||||||
21 | An agency may employ only a permanent employee applicant
| ||||||
22 | for which it either submitted a permanent employee application
| ||||||
23 | and all required forms and fees or it confirms with the
| ||||||
24 | Department that a permanent employee application and all
| ||||||
25 | required forms and fees have been submitted by another agency,
| ||||||
26 | licensee or the permanent employee and all other requirements
|
| |||||||
| |||||||
1 | of this Section are met.
| ||||||
2 | The Department shall have the authority to revoke,
without | ||||||
3 | a hearing, the temporary authority of an individual to
work | ||||||
4 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
5 | data or a report of another official authority
indicating a | ||||||
6 | criminal conviction. If the Department has not
received a | ||||||
7 | temporary employee's Federal Bureau of
Investigation | ||||||
8 | fingerprint data within 120 days of the date the
Department | ||||||
9 | received the Illinois State Police fingerprint
data, the | ||||||
10 | Department may, at its discretion, revoke the
employee's | ||||||
11 | temporary authority to work with 15 days written
notice to the | ||||||
12 | individual and the employing agency.
| ||||||
13 | An agency may not employ a person in a temporary capacity
| ||||||
14 | if it knows or reasonably should have known that the person
has | ||||||
15 | been convicted of a crime under the laws of this State,
has | ||||||
16 | been convicted in another state of any crime that is a
crime | ||||||
17 | under the laws of this State, has been convicted of any
crime | ||||||
18 | in a federal court, or has been posted as an unapproved
| ||||||
19 | applicant by the Department. Notice by the Department to the
| ||||||
20 | agency, via certified mail, personal delivery, electronic
| ||||||
21 | mail, or posting on the Department's Internet site accessible
| ||||||
22 | to the agency that the person has been convicted of a crime
| ||||||
23 | shall be deemed constructive knowledge of the conviction on
| ||||||
24 | the part of the agency. The Department may adopt rules to
| ||||||
25 | implement this
subsection (k).
| ||||||
26 | (l) No person may be employed under this Section in any
|
| |||||||
| |||||||
1 | capacity if:
| ||||||
2 | (1) the person, while so employed, is being paid by
| ||||||
3 | the United States or any political subdivision for the | ||||||
4 | time so
employed in addition to any payments he or she may | ||||||
5 | receive
from the employer; or
| ||||||
6 | (2) the person wears any portion of his or her
| ||||||
7 | official uniform, emblem of authority, or equipment while | ||||||
8 | so
employed.
| ||||||
9 | (m) If information is discovered affecting the
| ||||||
10 | registration of a person whose fingerprints were submitted
| ||||||
11 | under this Section, the Department shall so notify the agency
| ||||||
12 | that submitted the fingerprints on behalf of that person.
| ||||||
13 | (n) Peace officers shall be exempt from the requirements
| ||||||
14 | of this Section relating to permanent employee registration
| ||||||
15 | cards. The agency shall remain responsible for any peace
| ||||||
16 | officer employed under this exemption, regardless of whether
| ||||||
17 | the peace officer is compensated as an employee or as an
| ||||||
18 | independent contractor and as further defined by rule.
| ||||||
19 | (o) Persons who have no access to confidential or
security | ||||||
20 | information, who do not go to a client's or prospective | ||||||
21 | client's residence or place of business, and who otherwise do | ||||||
22 | not provide
traditional security services are exempt from | ||||||
23 | employee
registration. Examples of exempt employees include, | ||||||
24 | but are
not limited to, employees working in the capacity of | ||||||
25 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
26 | reception
personnel. Confidential or security information is |
| |||||||
| |||||||
1 | that which
pertains to employee files, scheduling, client | ||||||
2 | contracts, or
technical security and alarm data.
| ||||||
3 | (p) An applicant who is 21 years of age or older seeking a | ||||||
4 | religious exemption to the photograph requirement of this | ||||||
5 | Section shall furnish with the application an approved copy of | ||||||
6 | United States Department of the Treasury Internal Revenue | ||||||
7 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
8 | religious exemption to this photograph requirement shall | ||||||
9 | submit fingerprints in a form and manner prescribed by the | ||||||
10 | Department with his or her application in lieu of a | ||||||
11 | photograph. | ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | (225 ILCS 447/35-35)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
15 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
16 | (a) No person shall perform duties that include the use,
| ||||||
17 | carrying, or possession of a firearm in the performance of
| ||||||
18 | those duties without complying with the provisions of this
| ||||||
19 | Section and having been issued a valid firearm control
card by | ||||||
20 | the Department.
| ||||||
21 | (b) No employer shall employ any person to perform the
| ||||||
22 | duties for which licensure or employee registration is | ||||||
23 | required and allow
that person to carry a firearm unless that | ||||||
24 | person has complied
with all the firearm training requirements | ||||||
25 | of this Section and
has been issued a firearm control card. |
| |||||||
| |||||||
1 | This Act
permits only the following to carry firearms while | ||||||
2 | actually
engaged in the performance of their duties or while | ||||||
3 | commuting
directly to or from their places of employment: | ||||||
4 | persons
licensed as private detectives and their registered | ||||||
5 | employees;
persons licensed as private security contractors | ||||||
6 | and their
registered employees; persons licensed as private | ||||||
7 | alarm
contractors and their registered employees; and | ||||||
8 | employees of a
registered armed proprietary security force.
| ||||||
9 | (c) Possession of a valid firearm control
card
allows a | ||||||
10 | licensee or employee to carry a firearm not otherwise | ||||||
11 | prohibited
by law while the licensee or employee is engaged in | ||||||
12 | the performance of his
or her duties or while the licensee or | ||||||
13 | employee is commuting directly to
or from the licensee's or | ||||||
14 | employee's place or places of employment.
| ||||||
15 | (d) The Department shall issue a firearm control
card to a | ||||||
16 | person who has passed an approved firearm training
course, who | ||||||
17 | is currently licensed or employed by an agency licensed by
| ||||||
18 | this Act and has met all the requirements of this Act, and who | ||||||
19 | is not prohibited under State or federal law from possessing a | ||||||
20 | firearm
possesses a valid firearm owner identification card .
| ||||||
21 | Application for the firearm control card shall be made
by the | ||||||
22 | employer to the Department on forms provided by the
| ||||||
23 | Department. The Department shall forward the card to the
| ||||||
24 | employer who shall be responsible for its issuance to the | ||||||
25 | licensee or
employee. The firearm control card shall be issued | ||||||
26 | by
the Department and shall identify the person holding it and
|
| |||||||
| |||||||
1 | the name of the course where the licensee or employee received | ||||||
2 | firearm
instruction and shall specify the type of weapon or | ||||||
3 | weapons
the person is authorized by the Department to carry | ||||||
4 | and for
which the person has been trained.
| ||||||
5 | (e) Expiration and requirements for renewal of firearm | ||||||
6 | control cards shall be determined by rule.
| ||||||
7 | (f) The Department may, in addition to any other
| ||||||
8 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
9 | suspend, or revoke a firearm control card if the
applicant or | ||||||
10 | holder has been convicted of any felony or crime
involving the | ||||||
11 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
12 | a violation of this Act or rules adopted promulgated
under | ||||||
13 | this Act. The Department shall refuse to issue or shall
revoke | ||||||
14 | a firearm control card if the applicant or holder is | ||||||
15 | prohibited under State or federal law from possessing a | ||||||
16 | firearm
fails to possess a valid firearm owners identification | ||||||
17 | card without hearing .
The Secretary shall summarily suspend a | ||||||
18 | firearm control
card if the Secretary finds that its continued | ||||||
19 | use would
constitute an imminent danger to the public. A | ||||||
20 | hearing shall
be held before the Board within 30 days if the | ||||||
21 | Secretary
summarily suspends a firearm control card.
| ||||||
22 | (g) Notwithstanding any other provision of this Act to the
| ||||||
23 | contrary, all requirements relating to firearms control
cards | ||||||
24 | do not apply to a peace officer. If an individual ceases to be | ||||||
25 | employed as a peace officer and continues to perform services | ||||||
26 | in an armed capacity under this Act that are licensed |
| |||||||
| |||||||
1 | activities, then the individual is required to obtain a | ||||||
2 | permanent employee registration card pursuant to Section 35-30 | ||||||
3 | of this Act and must possess a valid Firearm Owner's | ||||||
4 | Identification Card , but is not required to obtain a firearm | ||||||
5 | control card if the individual is otherwise in continuing | ||||||
6 | compliance with the federal Law Enforcement Officers Safety | ||||||
7 | Act of 2004. If an individual elects to carry a firearm | ||||||
8 | pursuant to the federal Law Enforcement Officers Safety Act of | ||||||
9 | 2004, then the agency employing the officer is required to | ||||||
10 | submit a notice of that election to the Department along with a | ||||||
11 | fee specified by rule.
| ||||||
12 | (h) The Department may issue a temporary firearm control | ||||||
13 | card pending issuance of a new firearm control card upon an | ||||||
14 | agency's acquiring of an established armed account. An agency | ||||||
15 | that has acquired armed employees as a result of acquiring an | ||||||
16 | established armed account may, on forms supplied by the | ||||||
17 | Department, request the issuance of a temporary firearm | ||||||
18 | control card for each acquired employee who held a valid | ||||||
19 | firearm control card under his or her employment with the | ||||||
20 | newly acquired established armed account immediately preceding | ||||||
21 | the acquiring of the account and who continues to meet all of | ||||||
22 | the qualifications for issuance of a firearm control card set | ||||||
23 | forth in this Act and any rules adopted under this Act. The | ||||||
24 | Department shall, by rule, set the fee for issuance of a | ||||||
25 | temporary firearm control card.
| ||||||
26 | (i) The Department shall not issue a firearm control card |
| |||||||
| |||||||
1 | to a licensed fingerprint vendor or a licensed locksmith or | ||||||
2 | employees of a licensed fingerprint vendor agency or a | ||||||
3 | licensed locksmith agency.
| ||||||
4 | (Source: P.A. 100-712, eff. 8-3-18.)
| ||||||
5 | Section 50. The Mental Health and Developmental | ||||||
6 | Disabilities Code is amended by changing Sections 6-103.1, | ||||||
7 | 6-103.2, and 6-103.3 as follows: | ||||||
8 | (405 ILCS 5/6-103.1) | ||||||
9 | Sec. 6-103.1. Adjudication as a person with a mental | ||||||
10 | disability. When a person has been adjudicated as a person | ||||||
11 | with a mental disability as defined in Section 1.1 of the | ||||||
12 | Firearm Owners Identification Card Act , including, but not | ||||||
13 | limited to, an adjudication as a person with a disability as | ||||||
14 | defined in Section 11a-2 of the Probate Act of 1975, the court | ||||||
15 | shall direct
the circuit court clerk to notify the
Illinois | ||||||
16 | State Police , Firearm Owner's Identification
(FOID) Office , in | ||||||
17 | a form and manner prescribed by the Illinois State Police, and | ||||||
18 | shall forward a copy of the court order to the Department no | ||||||
19 | later than 7 days after the entry of the order. Upon receipt of | ||||||
20 | the order, the Illinois State Police shall provide | ||||||
21 | notification to the National Instant Criminal Background Check | ||||||
22 | System. In this Section, "has been adjudicated as a mentally | ||||||
23 | disabled person" means the person is the subject of a | ||||||
24 | determination by a court, board, commission, or other lawful |
| |||||||
| |||||||
1 | authority that the person, as a result of marked subnormal | ||||||
2 | intelligence, or mental illness, mental impairment, | ||||||
3 | incompetency, condition, or disease:
| ||||||
4 | (1) presents a clear and present danger to himself, | ||||||
5 | herself, or to others;
| ||||||
6 | (2) lacks the mental capacity to manage his or her own | ||||||
7 | affairs or is adjudicated a disabled person as defined in | ||||||
8 | Section 11a-2 of the Probate Act of 1975; | ||||||
9 | (3) is not guilty in a criminal case by reason of | ||||||
10 | insanity, mental disease or defect; | ||||||
11 | (3.5) is guilty but mentally ill, as provided in | ||||||
12 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
13 | (4) is unfit to stand trial in a criminal case; | ||||||
14 | (5) is not guilty by reason of lack of mental | ||||||
15 | responsibility under Articles 50a and 72b of the Uniform | ||||||
16 | Code of Military Justice, 10 U.S.C. 850a, 876b; | ||||||
17 | (6) is a sexually violent person under subsection (f) | ||||||
18 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
19 | Act; | ||||||
20 | (7) is a sexually dangerous person under the Sexually | ||||||
21 | Dangerous Persons Act; | ||||||
22 | (8) is unfit to stand trial under the Juvenile Court | ||||||
23 | Act of 1987; | ||||||
24 | (9) is not guilty by reason of insanity under the
| ||||||
25 | Juvenile Court Act of 1987; | ||||||
26 | (10) is a person subject to involuntary admission on |
| |||||||
| |||||||
1 | an
inpatient basis as defined in Section 1-119 of the | ||||||
2 | Mental Health and Developmental Disabilities Code; | ||||||
3 | (11) is a person subject to involuntary admission on | ||||||
4 | an
outpatient basis as defined in Section 1-119.1 of the | ||||||
5 | Mental Health and Developmental Disabilities Code; | ||||||
6 | (12) is subject to judicial admission as set forth in
| ||||||
7 | Section 4-500 of the Mental Health and Developmental | ||||||
8 | Disabilities Code; or | ||||||
9 | (13) is subject to the provisions of the Interstate
| ||||||
10 | Agreements on Sexually Dangerous Persons Act. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | (405 ILCS 5/6-103.2) | ||||||
13 | Sec. 6-103.2. Developmental disability; notice. If a | ||||||
14 | person 14 years old or older is determined to be a person with | ||||||
15 | a developmental disability by a physician, clinical | ||||||
16 | psychologist, or qualified examiner, the physician, clinical | ||||||
17 | psychologist, or qualified examiner shall notify the | ||||||
18 | Department of Human Services within 7 days of making the | ||||||
19 | determination that the person has a developmental disability. | ||||||
20 | The Department of Human Services shall immediately update its | ||||||
21 | records and information relating to mental health and | ||||||
22 | developmental disabilities, and if appropriate, shall notify | ||||||
23 | the Illinois State Police in a form and manner prescribed by | ||||||
24 | the Illinois State Police. Information disclosed under this | ||||||
25 | Section shall remain privileged and confidential, and shall |
| |||||||
| |||||||
1 | not be redisclosed, except as required under paragraph (2) of | ||||||
2 | subsection (e) of Section 24-4.5 of the Criminal Code of 2012 | ||||||
3 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
4 | Identification Card Act , nor used for any other purpose. The | ||||||
5 | method of providing this information shall guarantee that the | ||||||
6 | information is not released beyond that which is necessary for | ||||||
7 | the purpose of this Section and shall be provided by rule by | ||||||
8 | the Department of Human Services. The identity of the person | ||||||
9 | reporting under this Section shall not be disclosed to the | ||||||
10 | subject of the report. | ||||||
11 | The physician, clinical psychologist, or qualified | ||||||
12 | examiner making the determination and his or her employer may | ||||||
13 | not be held criminally, civilly, or professionally liable for | ||||||
14 | making or not making the notification required under this | ||||||
15 | Section, except for willful or wanton misconduct.
| ||||||
16 | In this Section, "developmentally disabled" has the | ||||||
17 | meaning ascribed to it in Section 12 of the Mental Health and | ||||||
18 | Developmental Disabilities Confidentiality Act. | ||||||
19 | In For purposes of this Section, "developmental | ||||||
20 | disability" means a disability which is attributable to any | ||||||
21 | other condition which results in impairment similar to that | ||||||
22 | caused by an intellectual disability and which requires | ||||||
23 | services similar to those required by intellectually disabled | ||||||
24 | persons. The disability must originate before the age of 18 | ||||||
25 | years, be expected to continue indefinitely, and constitute a | ||||||
26 | substantial disability. This disability results, in the |
| |||||||
| |||||||
1 | professional opinion of a physician, clinical psychologist, or | ||||||
2 | qualified examiner, in significant functional limitations in 3 | ||||||
3 | or more of the following areas of major life activity: | ||||||
4 | (i) self-care; | ||||||
5 | (ii) receptive and expressive language; | ||||||
6 | (iii) learning; | ||||||
7 | (iv) mobility; or | ||||||
8 | (v) self-direction. | ||||||
9 | "Determined to be a person with a developmental disability | ||||||
10 | by a physician, clinical psychologist, or qualified examiner" | ||||||
11 | means in the professional opinion of the physician, clinical | ||||||
12 | psychologist, or qualified examiner, a person is diagnosed, | ||||||
13 | assessed, or evaluated as having a developmental disability. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
15 | (405 ILCS 5/6-103.3) | ||||||
16 | Sec. 6-103.3. Clear and present danger; notice. If a | ||||||
17 | person is determined to pose a clear and present danger to | ||||||
18 | himself, herself, or to others by a physician, clinical | ||||||
19 | psychologist, or qualified examiner, whether employed by the | ||||||
20 | State, by any public or private mental health facility or part | ||||||
21 | thereof, or by a law enforcement official or a school | ||||||
22 | administrator, then the physician, clinical psychologist, | ||||||
23 | qualified examiner shall notify the Department of Human | ||||||
24 | Services and a law enforcement official or school | ||||||
25 | administrator shall notify the Illinois State Police, within |
| |||||||
| |||||||
1 | 24 hours of making the determination that the person poses a | ||||||
2 | clear and present danger. The Department of Human Services | ||||||
3 | shall immediately update its records and information relating | ||||||
4 | to mental health and developmental disabilities, and if | ||||||
5 | appropriate, shall notify the Illinois State Police in a form | ||||||
6 | and manner prescribed by the Illinois State Police. | ||||||
7 | Information disclosed under this Section shall remain | ||||||
8 | privileged and confidential, and shall not be redisclosed, | ||||||
9 | except as required under paragraph (2) of subsection (e) of | ||||||
10 | Section 24-4.5 of the Criminal Code of 2012 subsection (e) of | ||||||
11 | Section 3.1 of the Firearm Owners Identification Card Act , nor | ||||||
12 | used for any other purpose. The method of providing this | ||||||
13 | information shall guarantee that the information is not | ||||||
14 | released beyond that which is necessary for the purpose of | ||||||
15 | this Section and shall be provided by rule by the Department of | ||||||
16 | Human Services. The identity of the person reporting under | ||||||
17 | this Section shall not be disclosed to the subject of the | ||||||
18 | report. The physician, clinical psychologist, qualified | ||||||
19 | examiner, law enforcement official, or school administrator | ||||||
20 | making the determination and his or her employer shall not be | ||||||
21 | held criminally, civilly, or professionally liable for making | ||||||
22 | or not making the notification required under this Section, | ||||||
23 | except for willful or wanton misconduct. This Section does not | ||||||
24 | apply to a law enforcement official, if making the | ||||||
25 | notification under this Section will interfere with an ongoing | ||||||
26 | or pending criminal investigation. |
| |||||||
| |||||||
1 | In For the purposes of this Section: | ||||||
2 | "Clear and present danger" means a person who: | ||||||
3 | (1) communicates a serious threat of physical
| ||||||
4 | violence against a reasonably identifiable victim or | ||||||
5 | poses a clear and imminent risk of serious physical | ||||||
6 | injury to himself, herself, or another person as | ||||||
7 | determined by a physician, clinical psychologist, or | ||||||
8 | qualified examiner; or | ||||||
9 | (2) demonstrates threatening physical or verbal
| ||||||
10 | behavior, such as violent, suicidal, or assaultive | ||||||
11 | threats, actions, or other behavior, as determined by | ||||||
12 | a physician, clinical psychologist, qualified | ||||||
13 | examiner, school administrator, or law enforcement | ||||||
14 | official. | ||||||
15 | "Physician", "clinical psychologist", and "qualified | ||||||
16 | examiner" have the meanings ascribed to them in the Mental | ||||||
17 | Health and Developmental Disabilities Code has the meaning | ||||||
18 | ascribed to it in Section 1.1 of the Firearm Owners | ||||||
19 | Identification Card Act . | ||||||
20 | "Determined to pose a clear and present danger to | ||||||
21 | himself, herself, or to others by a physician, clinical | ||||||
22 | psychologist, or qualified examiner" means in the | ||||||
23 | professional opinion of the physician, clinical | ||||||
24 | psychologist, or qualified examiner, a person poses a | ||||||
25 | clear and present danger. | ||||||
26 | "School administrator" means the person required to |
| |||||||
| |||||||
1 | report under the School Administrator Reporting of Mental | ||||||
2 | Health Clear and Present Danger Determinations Law.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
4 | Section 55. The Lead Poisoning Prevention Act is amended | ||||||
5 | by changing Section 2 as follows:
| ||||||
6 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||
7 | Sec. 2. Definitions. As used in this Act:
| ||||||
8 | "Child care facility" means any structure used by a child | ||||||
9 | care
provider licensed by the Department of Children and | ||||||
10 | Family Services or
public or private school structure | ||||||
11 | frequented by children 6 years of
age or younger.
| ||||||
12 | "Childhood Lead Risk Questionnaire" means the | ||||||
13 | questionnaire developed by the Department for use by | ||||||
14 | physicians and other health care providers to determine risk | ||||||
15 | factors for children 6 years of age or younger residing in | ||||||
16 | areas designated as low risk for lead exposure. | ||||||
17 | "Delegate agency" means a unit of local government or | ||||||
18 | health
department approved by the Department to carry out the | ||||||
19 | provisions of this Act.
| ||||||
20 | "Department" means the Department of Public Health.
| ||||||
21 | "Director" means the Director of Public Health.
| ||||||
22 | "Dwelling unit" means an individual unit within a | ||||||
23 | residential building used as living quarters for one | ||||||
24 | household. |
| |||||||
| |||||||
1 | "Elevated blood lead level" means a blood lead level in | ||||||
2 | excess of the limits established under State rules. | ||||||
3 | "Exposed surface" means any interior or exterior surface | ||||||
4 | of
a regulated facility. | ||||||
5 | "High risk area" means an area in the State determined by | ||||||
6 | the Department to
be high risk for lead exposure for children 6 | ||||||
7 | years of age or younger. The
Department may consider, but is | ||||||
8 | not limited to, the following factors to
determine a high risk | ||||||
9 | area: age and condition (using Department of Housing and
Urban
| ||||||
10 | Development definitions of "slum" and "blighted") of housing, | ||||||
11 | proximity to
highway traffic or heavy local traffic or both, | ||||||
12 | percentage of housing
determined as rental or vacant, | ||||||
13 | proximity to industry using lead, established
incidence of | ||||||
14 | elevated blood lead levels in children, percentage of | ||||||
15 | population
living
below 200% of federal poverty guidelines, | ||||||
16 | and number of children residing in
the area who are 6 years of | ||||||
17 | age or younger.
| ||||||
18 | "Lead abatement" means any approved work practices that | ||||||
19 | will permanently eliminate lead exposure or remove the | ||||||
20 | lead-bearing substances in a regulated facility. The | ||||||
21 | Department shall establish by rule which work practices are | ||||||
22 | approved or prohibited for lead abatement. | ||||||
23 | "Lead abatement contractor" means any person or entity | ||||||
24 | licensed by the
Department to perform lead abatement and | ||||||
25 | mitigation.
| ||||||
26 | "Lead abatement supervisor" means any person employed by a |
| |||||||
| |||||||
1 | lead abatement contractor and licensed by the Department to | ||||||
2 | perform lead abatement and lead mitigation and to supervise | ||||||
3 | lead workers who perform lead abatement and lead mitigation. | ||||||
4 | "Lead abatement worker" means any person employed by a | ||||||
5 | lead abatement
contractor and licensed by the Department to | ||||||
6 | perform lead abatement and
mitigation.
| ||||||
7 | "Lead activities" means the conduct of any lead services, | ||||||
8 | including, lead inspection, lead risk assessment, lead | ||||||
9 | mitigation, or lead abatement work or supervision in a | ||||||
10 | regulated facility. | ||||||
11 | "Lead-bearing substance" means any item containing or | ||||||
12 | coated with lead such that the lead content is more than | ||||||
13 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
14 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
15 | elements of the regulated facility; or any paint or
other | ||||||
16 | surface coating material containing more than five-tenths of | ||||||
17 | one
percent (0.5%) lead by total weight (calculated as lead | ||||||
18 | metal) in the total
non-volatile content of liquid paint; or | ||||||
19 | lead-bearing substances containing
greater than one milligram | ||||||
20 | per square centimeter or any lower standard for
lead content | ||||||
21 | in residential paint as may be established by federal law or | ||||||
22 | rule; or more than 1 milligram per square centimeter in the | ||||||
23 | dried
film of paint or previously applied substance; or item | ||||||
24 | or dust on item containing lead in
excess of the amount | ||||||
25 | specified in the rules authorized by
this Act or a lower | ||||||
26 | standard for lead content as may be established by
federal law |
| |||||||
| |||||||
1 | or rule. "Lead-bearing substance" does not include firearm | ||||||
2 | ammunition or components as defined by Section 2-7.1 of the | ||||||
3 | Criminal Code of 2012 the Firearm Owners Identification Card | ||||||
4 | Act .
| ||||||
5 | "Lead hazard" means a lead-bearing substance that poses an
| ||||||
6 | immediate health hazard to humans.
| ||||||
7 | "Lead hazard screen" means a lead risk assessment that | ||||||
8 | involves limited dust and paint sampling for lead-bearing | ||||||
9 | substances and lead hazards. This service is used as a | ||||||
10 | screening tool designed to determine if further lead | ||||||
11 | investigative services are required for the regulated | ||||||
12 | facility. | ||||||
13 | "Lead inspection" means a surface-by-surface investigation | ||||||
14 | to determine the presence of lead-based paint. | ||||||
15 | "Lead inspector" means an individual who has been trained | ||||||
16 | by a Department-approved training program and is licensed by | ||||||
17 | the Department to conduct lead inspections; to sample for the | ||||||
18 | presence of lead in paint, dust, soil, and water; and to | ||||||
19 | conduct compliance investigations. | ||||||
20 | "Lead mitigation" means the remediation, in a
manner | ||||||
21 | described in Section 9, of a lead hazard so that the
| ||||||
22 | lead-bearing substance does not pose an immediate
health | ||||||
23 | hazard to humans. | ||||||
24 | "Lead poisoning" means having an elevated blood lead | ||||||
25 | level.
| ||||||
26 | "Lead risk assessment" means an on-site investigation to |
| |||||||
| |||||||
1 | determine the existence, nature, severity, and location of | ||||||
2 | lead hazards. "Lead risk assessment" includes any lead | ||||||
3 | sampling and visual assessment associated with conducting a | ||||||
4 | lead risk assessment and lead hazard screen and all lead | ||||||
5 | sampling associated with compliance investigations. | ||||||
6 | "Lead risk assessor" means an individual who has been | ||||||
7 | trained by a Department-approved training program and is | ||||||
8 | licensed by the Department to conduct lead risk assessments, | ||||||
9 | lead inspections, and lead hazard screens; to sample for the | ||||||
10 | presence of lead in paint, dust, soil, water, and sources for | ||||||
11 | lead-bearing substances; and to conduct compliance | ||||||
12 | investigations. | ||||||
13 | "Lead training program provider" means any person | ||||||
14 | providing Department-approved lead training in Illinois to | ||||||
15 | individuals seeking licensure in accordance with the Act. | ||||||
16 | "Low risk area" means an area in the State determined by
| ||||||
17 | the Department to be low risk for lead exposure for children 6 | ||||||
18 | years of age or younger. The Department may consider the | ||||||
19 | factors named in "high risk area" to determine low
risk areas. | ||||||
20 | "Owner" means any person, who alone, jointly, or severally | ||||||
21 | with
others:
| ||||||
22 | (a) Has legal title to any regulated facility, with or
| ||||||
23 | without actual possession of the regulated facility, or
| ||||||
24 | (b) Has charge, care, or control of the regulated | ||||||
25 | facility as owner or agent of the owner, or as executor, | ||||||
26 | administrator,
trustee, or guardian of the estate of the |
| |||||||
| |||||||
1 | owner.
| ||||||
2 | "Person" means any individual, partnership, firm, company, | ||||||
3 | limited liability company, corporation, association, joint | ||||||
4 | stock company, trust, estate, political subdivision, State | ||||||
5 | agency, or any other legal entity, or their legal | ||||||
6 | representative, agent, or assign.
| ||||||
7 | "Regulated facility" means a residential building or child | ||||||
8 | care facility. | ||||||
9 | "Residential building" means any room, group of rooms, or | ||||||
10 | other
interior areas of a structure designed or used for human | ||||||
11 | habitation; common
areas accessible by inhabitants; and the | ||||||
12 | surrounding property or structures.
| ||||||
13 | (Source: P.A. 100-723, eff. 1-1-19 .)
| ||||||
14 | (430 ILCS 65/Act rep.)
| ||||||
15 | Section 60. The Firearm Owners Identification Card Act is | ||||||
16 | repealed. | ||||||
17 | Section 65. The Firearm Concealed Carry Act is amended by | ||||||
18 | changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows: | ||||||
19 | (430 ILCS 66/25)
| ||||||
20 | Sec. 25. Qualifications for a license. | ||||||
21 | The Illinois State Police shall issue a license to an | ||||||
22 | applicant completing an application in accordance with Section | ||||||
23 | 30 of this Act if the person: |
| |||||||
| |||||||
1 | (1) is at least 21 years of age; | ||||||
2 | (2) has a currently valid Firearm Owner's | ||||||
3 | Identification Card and at the time of application meets | ||||||
4 | the requirements for the issuance of a Firearm Owner's | ||||||
5 | Identification Card and is not prohibited under State the | ||||||
6 | Firearm Owners Identification Card Act or federal law from | ||||||
7 | possessing or receiving a firearm; | ||||||
8 | (3) has not been convicted or found guilty in this | ||||||
9 | State or in any other state of: | ||||||
10 | (A) a misdemeanor involving the use or threat of | ||||||
11 | physical force or violence to any person within the 5 | ||||||
12 | years preceding the date of the license application; | ||||||
13 | or | ||||||
14 | (B) 2 or more violations related to driving while | ||||||
15 | under the influence of alcohol, other drug or drugs, | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof, within the 5 years preceding the date of the | ||||||
18 | license application; | ||||||
19 | (4) is not the subject of a pending arrest warrant, | ||||||
20 | prosecution, or proceeding for an offense or action that | ||||||
21 | could lead to disqualification to own or possess a | ||||||
22 | firearm; | ||||||
23 | (5) has not been in residential or court-ordered | ||||||
24 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
25 | treatment within the 5 years immediately preceding the | ||||||
26 | date of the license application; and |
| |||||||
| |||||||
1 | (6) has completed firearms training and any education | ||||||
2 | component required under Section 75 of this Act.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
4 | (430 ILCS 66/30)
| ||||||
5 | Sec. 30. Contents of license application. | ||||||
6 | (a) The license application shall be in writing, under | ||||||
7 | penalty of perjury, on a standard form adopted by the Illinois | ||||||
8 | State Police and shall be accompanied by the documentation | ||||||
9 | required in this Section and the applicable fee. Each | ||||||
10 | application form shall include the following statement printed | ||||||
11 | in bold type: "Warning: Entering false information on this | ||||||
12 | form is punishable as perjury under Section 32-2 of the | ||||||
13 | Criminal Code of 2012." | ||||||
14 | (b) The application shall contain the following: | ||||||
15 | (1) the applicant's name, current address, date and | ||||||
16 | year of birth, place of birth, height, weight, hair color, | ||||||
17 | eye color, maiden name or any other name the applicant has | ||||||
18 | used or identified with, and any address where the | ||||||
19 | applicant resided for more than 30 days within the 10 | ||||||
20 | years preceding the date of the license application; | ||||||
21 | (2) the applicant's valid driver's license number or | ||||||
22 | valid state identification card number; | ||||||
23 | (3) a waiver of the applicant's privacy and | ||||||
24 | confidentiality rights and privileges under all federal | ||||||
25 | and state laws, including those limiting access to |
| |||||||
| |||||||
1 | juvenile court, criminal justice, psychological, or | ||||||
2 | psychiatric records or records relating to any | ||||||
3 | institutionalization of the applicant, and an affirmative | ||||||
4 | request that a person having custody of any of these | ||||||
5 | records provide it or information concerning it to the | ||||||
6 | Illinois State Police. The waiver only applies to records | ||||||
7 | sought in connection with determining whether the | ||||||
8 | applicant qualifies for a license to carry a concealed | ||||||
9 | firearm under this Act , or whether the applicant remains | ||||||
10 | in compliance with the Firearm Owners Identification Card | ||||||
11 | Act ; | ||||||
12 | (4) an affirmation that the applicant is not | ||||||
13 | prohibited under State or federal law from possessing or | ||||||
14 | receiving a firearm possesses a currently valid Firearm | ||||||
15 | Owner's Identification Card and card number if possessed | ||||||
16 | or notice the applicant is applying for a Firearm Owner's | ||||||
17 | Identification Card in conjunction with the license | ||||||
18 | application ; | ||||||
19 | (5) an affirmation that the applicant has not been | ||||||
20 | convicted or found guilty of: | ||||||
21 | (A) a felony; | ||||||
22 | (B) a misdemeanor involving the use or threat of | ||||||
23 | physical force or violence to any person within the 5 | ||||||
24 | years preceding the date of the application; or | ||||||
25 | (C) 2 or more violations related to driving while | ||||||
26 | under the influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | intoxicating compound or compounds, or any combination | ||||||
2 | thereof, within the 5 years preceding the date of the | ||||||
3 | license application; and | ||||||
4 | (6) whether the applicant has failed a drug test for a | ||||||
5 | drug for which the applicant did not have a prescription, | ||||||
6 | within the previous year, and if so, the provider of the | ||||||
7 | test, the specific substance involved, and the date of the | ||||||
8 | test; | ||||||
9 | (7) written consent for the Illinois State Police to | ||||||
10 | review and use the applicant's Illinois digital driver's | ||||||
11 | license or Illinois identification card photograph and | ||||||
12 | signature; | ||||||
13 | (8) a unless submitted under subsection (a-25) of | ||||||
14 | Section 4 of the Firearm Owners Identification Card Act, a | ||||||
15 | full set of fingerprints submitted to the Illinois State | ||||||
16 | Police in electronic format, provided the Illinois State | ||||||
17 | Police may accept an application submitted without a set | ||||||
18 | of fingerprints , in which case the Illinois State Police | ||||||
19 | shall be granted 30 days in addition to the 90 days | ||||||
20 | provided under subsection (e) of Section 10 of this Act to | ||||||
21 | issue or deny a license; | ||||||
22 | (9) a head and shoulder color photograph in a size | ||||||
23 | specified by the Illinois State Police taken within the 30 | ||||||
24 | days preceding the date of the license application; and | ||||||
25 | (10) a photocopy of any certificates or other evidence | ||||||
26 | of compliance with the training requirements under this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
3 | revised 10-12-21.) | ||||||
4 | (430 ILCS 66/40)
| ||||||
5 | Sec. 40. Non-resident license applications. | ||||||
6 | (a) For the purposes of this Section, "non-resident" means | ||||||
7 | a person who has not resided within this State for more than 30 | ||||||
8 | days and resides in another state or territory. | ||||||
9 | (b) The Illinois State Police shall by rule allow for | ||||||
10 | non-resident license applications from any state or territory | ||||||
11 | of the United States with laws related to firearm ownership, | ||||||
12 | possession, and carrying, that are substantially similar to | ||||||
13 | the requirements to obtain a license under this Act. | ||||||
14 | (c) A resident of a state or territory approved by the | ||||||
15 | Illinois State Police under subsection (b) of this Section may | ||||||
16 | apply for a non-resident license. The applicant shall apply to | ||||||
17 | the Illinois State Police and must meet all of the | ||||||
18 | qualifications established in Section 25 of this Act , except | ||||||
19 | for the Illinois residency requirement in item (xiv) of | ||||||
20 | paragraph (2) of subsection (a) of Section 4 of the Firearm | ||||||
21 | Owners Identification Card Act . The applicant shall submit: | ||||||
22 | (1) the application and documentation required under | ||||||
23 | Section 30 of this Act and the applicable fee; | ||||||
24 | (2) a notarized document stating that the applicant: | ||||||
25 | (A) is eligible under federal law and the laws of |
| |||||||
| |||||||
1 | his or her state or territory of residence to own or | ||||||
2 | possess a firearm; | ||||||
3 | (B) if applicable, has a license or permit to | ||||||
4 | carry a firearm or concealed firearm issued by his or | ||||||
5 | her state or territory of residence and attach a copy | ||||||
6 | of the license or permit to the application; | ||||||
7 | (C) understands Illinois laws pertaining to the | ||||||
8 | possession and transport of firearms; and | ||||||
9 | (D) acknowledges that the applicant is subject to | ||||||
10 | the jurisdiction of the Illinois State Police and | ||||||
11 | Illinois courts for any violation of this Act; | ||||||
12 | (3) a photocopy of any certificates or other evidence | ||||||
13 | of compliance with the training requirements under Section | ||||||
14 | 75 of this Act; and | ||||||
15 | (4) a head and shoulder color photograph in a size | ||||||
16 | specified by the Illinois State Police taken within the 30 | ||||||
17 | days preceding the date of the application. | ||||||
18 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
19 | identification card, a non-resident applicant shall provide | ||||||
20 | similar documentation from his or her state or territory of | ||||||
21 | residence. The applicant shall submit In lieu of a valid | ||||||
22 | Firearm Owner's Identification Card, the applicant shall | ||||||
23 | submit documentation and information required by the Illinois | ||||||
24 | State Police to obtain a Firearm Owner's Identification Card, | ||||||
25 | including an affidavit that the non-resident meets the mental | ||||||
26 | health standards to obtain a firearm under Illinois law, and |
| |||||||
| |||||||
1 | the Illinois State Police shall ensure that the applicant | ||||||
2 | would meet the eligibility criteria under State law to possess | ||||||
3 | a firearm to obtain a Firearm Owner's Identification card if | ||||||
4 | he or she was a resident of this State. | ||||||
5 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
6 | transporting a concealed firearm within his or her vehicle in | ||||||
7 | Illinois, if the concealed firearm remains within his or her | ||||||
8 | vehicle and the non-resident: | ||||||
9 | (1) is not prohibited from owning or possessing a | ||||||
10 | firearm under federal law; | ||||||
11 | (2) is eligible to carry a firearm in public under the | ||||||
12 | laws of his or her state or territory of residence, as
| ||||||
13 | evidenced by the possession of a concealed carry license | ||||||
14 | or permit issued by his or her state of residence, if
| ||||||
15 | applicable; and | ||||||
16 | (3) is not in possession of a license under this Act. | ||||||
17 | If the non-resident leaves his or her vehicle unattended, | ||||||
18 | he or she shall store the firearm within a locked vehicle or | ||||||
19 | locked container within the vehicle in accordance with | ||||||
20 | subsection (b) of Section 65 of this Act.
| ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
22 | (430 ILCS 66/66) | ||||||
23 | (This Section may contain text from a Public Act with a | ||||||
24 | delayed effective date ) | ||||||
25 | Sec. 66. Illinois State Police to monitor databases for |
| |||||||
| |||||||
1 | firearms prohibitors. The Illinois State Police shall | ||||||
2 | continuously monitor relevant State and federal databases for | ||||||
3 | firearms prohibitors and correlate those records with | ||||||
4 | concealed carry license holders to ensure compliance with this | ||||||
5 | Act and any other State and federal laws. As used in this | ||||||
6 | Section, "firearms prohibitor" means any factor listed in | ||||||
7 | Section 8 or Section 8.2 of the Firearm Owners Identification | ||||||
8 | Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 | ||||||
9 | that prohibits a person from transferring or possessing a | ||||||
10 | firearm, firearm ammunition, Firearm Owner's Identification | ||||||
11 | Card, or concealed carry license.
| ||||||
12 | (Source: P.A. 102-237, eff. 1-1-22.) | ||||||
13 | (430 ILCS 66/70) | ||||||
14 | Sec. 70. Violations. | ||||||
15 | (a) A license issued or renewed under this Act shall be | ||||||
16 | revoked if, at any time, the licensee is found to be ineligible | ||||||
17 | for a license under this Act or the licensee is prohibited from | ||||||
18 | possessing a firearm under State or federal law no longer | ||||||
19 | meets the eligibility requirements of the Firearm Owners | ||||||
20 | Identification Card Act . | ||||||
21 | (b) A license shall be suspended if an order of | ||||||
22 | protection, including an emergency order of protection, | ||||||
23 | plenary order of protection, or interim order of protection | ||||||
24 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
25 | under the Illinois Domestic Violence Act of 1986, or if a |
| |||||||
| |||||||
1 | firearms restraining order, including an emergency firearms | ||||||
2 | restraining order, under the Firearms Restraining Order Act, | ||||||
3 | is issued against a licensee for the duration of the order, or | ||||||
4 | if the Illinois State Police is made aware of a similar order | ||||||
5 | issued against the licensee in any other jurisdiction. If an | ||||||
6 | order of protection is issued against a licensee, the licensee | ||||||
7 | shall surrender the license, as applicable, to the court at | ||||||
8 | the time the order is entered or to the law enforcement agency | ||||||
9 | or entity serving process at the time the licensee is served | ||||||
10 | the order. The court, law enforcement agency, or entity | ||||||
11 | responsible for serving the order of protection shall notify | ||||||
12 | the Illinois State Police within 7 days and transmit the | ||||||
13 | license to the Illinois State Police. | ||||||
14 | (c) A license is invalid upon expiration of the license, | ||||||
15 | unless the licensee has submitted an application to renew the | ||||||
16 | license, and the applicant is otherwise eligible to possess a | ||||||
17 | license under this Act. | ||||||
18 | (d) A licensee shall not carry a concealed firearm while | ||||||
19 | under the influence of alcohol, other drug or drugs, | ||||||
20 | intoxicating compound or combination of compounds, or any | ||||||
21 | combination thereof, under the standards set forth in | ||||||
22 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
23 | A licensee in violation of this subsection (d) shall be | ||||||
24 | guilty of a Class A misdemeanor for a first or second violation | ||||||
25 | and a Class 4 felony for a third violation. The Illinois State | ||||||
26 | Police may suspend a license for up to 6 months for a second |
| |||||||
| |||||||
1 | violation and shall permanently revoke a license for a third | ||||||
2 | violation. | ||||||
3 | (e) Except as otherwise provided, a licensee in violation | ||||||
4 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
5 | or subsequent violation is a Class A misdemeanor. The Illinois | ||||||
6 | State Police may suspend a license for up to 6 months for a | ||||||
7 | second violation and shall permanently revoke a license for 3 | ||||||
8 | or more violations of Section 65 of this Act. Any person | ||||||
9 | convicted of a violation under this Section shall pay a $150 | ||||||
10 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
11 | plus any applicable court costs or fees. | ||||||
12 | (f) A licensee convicted or found guilty of a violation of | ||||||
13 | this Act who has a valid license and is otherwise eligible to | ||||||
14 | carry a concealed firearm shall only be subject to the | ||||||
15 | penalties under this Section and shall not be subject to the | ||||||
16 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
17 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
18 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
19 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
20 | subsection, nothing in this subsection prohibits the licensee | ||||||
21 | from being subjected to penalties for violations other than | ||||||
22 | those specified in this Act. | ||||||
23 | (g) A licensee whose license is revoked, suspended, or | ||||||
24 | denied shall, within 48 hours of receiving notice of the | ||||||
25 | revocation, suspension, or denial, surrender his or her | ||||||
26 | concealed carry license to the local law enforcement agency |
| |||||||
| |||||||
1 | where the person resides. The local law enforcement agency | ||||||
2 | shall provide the licensee a receipt and transmit the | ||||||
3 | concealed carry license to the Illinois State Police. If the | ||||||
4 | licensee whose concealed carry license has been revoked, | ||||||
5 | suspended, or denied fails to comply with the requirements of | ||||||
6 | this subsection, the law enforcement agency where the person | ||||||
7 | resides may petition the circuit court to issue a warrant to | ||||||
8 | search for and seize the concealed carry license in the | ||||||
9 | possession and under the custody or control of the licensee | ||||||
10 | whose concealed carry license has been revoked, suspended, or | ||||||
11 | denied. The observation of a concealed carry license in the | ||||||
12 | possession of a person whose license has been revoked, | ||||||
13 | suspended, or denied constitutes a sufficient basis for the | ||||||
14 | arrest of that person for violation of this subsection. A | ||||||
15 | violation of this subsection is a Class A misdemeanor. | ||||||
16 | (h) (Blank). Except as otherwise provided in subsection | ||||||
17 | (h-5), a license issued or renewed under this Act shall be | ||||||
18 | revoked if, at any time, the licensee is found ineligible for a | ||||||
19 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
20 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
21 | Firearm Owner's Identification Card is expired or suspended | ||||||
22 | rather than denied or revoked, the license may be suspended | ||||||
23 | for a period of up to one year to allow the licensee to | ||||||
24 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
25 | Illinois State Police shall adopt rules to enforce this | ||||||
26 | subsection. A licensee whose license is revoked under this |
| |||||||
| |||||||
1 | subsection (h) shall surrender his or her concealed carry | ||||||
2 | license as provided for in subsection (g) of this Section. | ||||||
3 | This subsection shall not apply to a person who has filed | ||||||
4 | an application with the Illinois State Police for renewal of a | ||||||
5 | Firearm
Owner's Identification Card and who is not otherwise | ||||||
6 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
7 | (h-5) (Blank). If the Firearm Owner's Identification Card | ||||||
8 | of a
licensee under this Act expires during the term of the | ||||||
9 | license
issued under this Act, the license and the Firearm | ||||||
10 | Owner's
Identification Card remain valid, and the Illinois | ||||||
11 | State Police
may automatically renew the licensee's Firearm | ||||||
12 | Owner's
Identification Card as provided in subsection (c) of | ||||||
13 | Section 5
of the Firearm Owners Identification Card Act. | ||||||
14 | (i) A certified firearms instructor who knowingly provides | ||||||
15 | or offers to provide a false certification that an applicant | ||||||
16 | has completed firearms training as required under this Act is | ||||||
17 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
18 | of this subsection (i) is not eligible for court supervision. | ||||||
19 | The Illinois State Police shall permanently revoke the | ||||||
20 | firearms instructor certification of a person convicted under | ||||||
21 | this subsection (i). | ||||||
22 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
23 | revised 10-15-21.) | ||||||
24 | (430 ILCS 66/80) | ||||||
25 | Sec. 80. Certified firearms instructors. |
| |||||||
| |||||||
1 | (a) Within 60 days of the effective date of this Act, the | ||||||
2 | Illinois State Police shall begin approval of certified | ||||||
3 | firearms instructors and enter certified firearms instructors | ||||||
4 | into an online registry on the Illinois State Police's | ||||||
5 | website. | ||||||
6 | (b) A person who is not a certified firearms instructor | ||||||
7 | shall not teach applicant training courses or advertise or | ||||||
8 | otherwise represent courses they teach as qualifying their | ||||||
9 | students to meet the requirements to receive a license under | ||||||
10 | this Act. Each violation of this subsection is a business | ||||||
11 | offense with a fine of at least $1,000 per violation. | ||||||
12 | (c) A person seeking to become a certified firearms | ||||||
13 | instructor shall: | ||||||
14 | (1) be at least 21 years of age; | ||||||
15 | (2) be a legal resident of the United States; and | ||||||
16 | (3) meet the requirements of Section 25 of this Act , | ||||||
17 | except for the Illinois residency
requirement in item | ||||||
18 | (xiv) of paragraph (2) of subsection (a) of Section 4 of | ||||||
19 | the Firearm
Owners Identification Card Act ; and any | ||||||
20 | additional uniformly applied requirements established by | ||||||
21 | the Illinois State Police. | ||||||
22 | (d) A person seeking to become a certified firearms | ||||||
23 | instructor, in addition to the requirements of subsection (c) | ||||||
24 | of this Section, shall: | ||||||
25 | (1) possess a high school diploma or high school | ||||||
26 | equivalency certificate; and |
| |||||||
| |||||||
1 | (2) have at least one of the following valid firearms | ||||||
2 | instructor certifications: | ||||||
3 | (A) certification from a law enforcement agency; | ||||||
4 | (B) certification from a firearm instructor course | ||||||
5 | offered by a State or federal governmental agency; | ||||||
6 | (C) certification from a firearm instructor | ||||||
7 | qualification course offered by the Illinois Law | ||||||
8 | Enforcement Training Standards Board; or | ||||||
9 | (D) certification from an entity approved by the | ||||||
10 | Illinois State Police that offers firearm instructor | ||||||
11 | education and training in the use and safety of | ||||||
12 | firearms. | ||||||
13 | (e) A person may have his or her firearms instructor | ||||||
14 | certification denied or revoked if he or she does not meet the | ||||||
15 | requirements to obtain a license under this Act, provides | ||||||
16 | false or misleading information to the Illinois State Police, | ||||||
17 | or has had a prior instructor certification revoked or denied | ||||||
18 | by the Illinois State Police.
| ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | (430 ILCS 66/105)
| ||||||
21 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
22 | the principal
of a public elementary or secondary school, or | ||||||
23 | his or her designee, and the
chief administrative officer of a | ||||||
24 | private elementary or secondary school or a
public or private | ||||||
25 | community college, college, or university, or his or her
|
| |||||||
| |||||||
1 | designee, to report to the Illinois State Police when a | ||||||
2 | student is determined to pose a clear and present danger to | ||||||
3 | himself, herself, or to others, within 24 hours of
the | ||||||
4 | determination as provided in Section 6-103.3 of the Mental | ||||||
5 | Health and Developmental Disabilities Code. "Clear and present | ||||||
6 | danger" has the meaning as provided in paragraph (2) of the | ||||||
7 | definition of "clear and present danger" in Section 6-103.3 of | ||||||
8 | the Mental Health and Developmental Disabilities Code 1.1 of | ||||||
9 | the Firearm Owners Identification Card Act .
| ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
11 | Section 66. The Firearms Restraining Order Act is amended | ||||||
12 | by changing Sections 35 and 40 as follows:
| ||||||
13 | (430 ILCS 67/35)
| ||||||
14 | (Text of Section before amendment by P.A. 102-345 ) | ||||||
15 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
16 | (a) A petitioner may request an emergency firearms | ||||||
17 | restraining order by filing an affidavit or verified pleading | ||||||
18 | alleging that the respondent poses an immediate and present | ||||||
19 | danger of causing personal injury to himself, herself, or | ||||||
20 | another by having in his or her custody or control, | ||||||
21 | purchasing, possessing, or receiving a firearm. The petition | ||||||
22 | shall also describe the type and location of any firearm or | ||||||
23 | firearms presently believed by the petitioner to be possessed | ||||||
24 | or controlled by the respondent.
|
| |||||||
| |||||||
1 | (b) If the respondent is alleged to pose an immediate and | ||||||
2 | present danger of causing personal injury to an intimate | ||||||
3 | partner, or an intimate partner is alleged to have been the | ||||||
4 | target of a threat or act of violence by the respondent, the | ||||||
5 | petitioner shall make a good faith effort to provide notice to | ||||||
6 | any and all intimate partners of the respondent. The notice | ||||||
7 | must include that the petitioner intends to petition the court | ||||||
8 | for an emergency firearms restraining order, and, if the | ||||||
9 | petitioner is a law enforcement officer, referral to relevant | ||||||
10 | domestic violence or stalking advocacy or counseling | ||||||
11 | resources, if appropriate. The petitioner shall attest to | ||||||
12 | having provided the notice in the filed affidavit or verified | ||||||
13 | pleading. If, after making a good faith effort, the petitioner | ||||||
14 | is unable to provide notice to any or all intimate partners, | ||||||
15 | the affidavit or verified pleading should describe what | ||||||
16 | efforts were made. | ||||||
17 | (c) Every person who files a petition for an emergency | ||||||
18 | firearms restraining order, knowing the information provided | ||||||
19 | to the court at any hearing or in the affidavit or verified | ||||||
20 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
21 | of the Criminal Code of 2012.
| ||||||
22 | (d) An emergency firearms restraining order shall be | ||||||
23 | issued on an ex parte basis, that is, without notice to the | ||||||
24 | respondent.
| ||||||
25 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
26 | held the same day that the petition is filed or the next day |
| |||||||
| |||||||
1 | that the court is in session.
| ||||||
2 | (f) If a circuit or associate judge finds probable cause | ||||||
3 | to believe that the respondent poses an immediate and present | ||||||
4 | danger of causing personal injury to himself, herself, or | ||||||
5 | another by having in his or her custody or control, | ||||||
6 | purchasing, possessing, or receiving a firearm, the circuit or | ||||||
7 | associate judge shall issue an emergency order.
| ||||||
8 | (f-5) If the court issues an emergency firearms | ||||||
9 | restraining order, it shall, upon a finding of probable cause | ||||||
10 | that the respondent possesses firearms, issue a search warrant | ||||||
11 | directing a law enforcement agency to seize the respondent's | ||||||
12 | firearms. The court may, as part of that warrant, direct the | ||||||
13 | law enforcement agency to search the respondent's residence | ||||||
14 | and other places where the court finds there is probable cause | ||||||
15 | to believe he or she is likely to possess the firearms. | ||||||
16 | (g) An emergency firearms restraining order shall require:
| ||||||
17 | (1) the respondent to refrain from having in his or | ||||||
18 | her custody or control, purchasing, possessing, or | ||||||
19 | receiving additional firearms for the duration of the | ||||||
20 | order under Section 8.2 of the Firearm Owners | ||||||
21 | Identification Card Act;
and | ||||||
22 | (2) the respondent to comply with Section 9.5 of the | ||||||
23 | Firearm Owners Identification Card Act and subsection (g) | ||||||
24 | of Section 70 of the Firearm Concealed Carry Act Illinois . | ||||||
25 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
26 | this Section, upon expiration of the period of safekeeping, if |
| |||||||
| |||||||
1 | the firearms or Firearm Owner's Identification Card and | ||||||
2 | concealed carry license cannot be returned to the respondent | ||||||
3 | because the respondent cannot be located, fails to respond to | ||||||
4 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
5 | to possess a firearm, upon petition from the local law | ||||||
6 | enforcement agency, the court may order the local law | ||||||
7 | enforcement agency to destroy the firearms, use the firearms | ||||||
8 | for training purposes, or use the firearms for any other | ||||||
9 | application as deemed appropriate by the local law enforcement | ||||||
10 | agency.
| ||||||
11 | (h-5) On or before January 1, 2022, a respondent whose | ||||||
12 | firearms have been turned over to a local law enforcement | ||||||
13 | agency Firearm Owner's Identification Card has been revoked or | ||||||
14 | suspended may petition the court, if the petitioner is present | ||||||
15 | in court or has notice of the respondent's petition, to | ||||||
16 | transfer the respondent's firearm to a person who is lawfully | ||||||
17 | able to possess the firearm if the person does not reside at | ||||||
18 | the same address as the respondent. Notice of the petition | ||||||
19 | shall be served upon the person protected by the emergency | ||||||
20 | firearms restraining order. While the order is in effect, the | ||||||
21 | transferee who receives the respondent's firearms must swear | ||||||
22 | or affirm by affidavit that he or she shall not transfer the | ||||||
23 | firearm to the respondent or to anyone residing in the same | ||||||
24 | residence as the respondent. | ||||||
25 | (h-6) If a person other than the respondent claims title | ||||||
26 | to any firearms surrendered under this Section, he or she may |
| |||||||
| |||||||
1 | petition the court, if the petitioner is present in court or | ||||||
2 | has notice of the petition, to have the firearm returned to him | ||||||
3 | or her. If the court determines that person to be the lawful | ||||||
4 | owner of the firearm, the firearm shall be returned to him or | ||||||
5 | her, provided that: | ||||||
6 | (1) the firearm is removed from the respondent's | ||||||
7 | custody, control, or possession and the lawful owner | ||||||
8 | agrees to store the firearm in a manner such that the | ||||||
9 | respondent does not have access to or control of the | ||||||
10 | firearm; and | ||||||
11 | (2) the firearm is not otherwise unlawfully possessed | ||||||
12 | by the owner. | ||||||
13 | The person petitioning for the return of his or her | ||||||
14 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
15 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
16 | firearm to the respondent; and (iii) will store the firearm in | ||||||
17 | a manner that the respondent does not have access to or control | ||||||
18 | of the firearm. | ||||||
19 | (i) In accordance with subsection (e) of this Section, the | ||||||
20 | court shall schedule a full hearing as soon as possible, but no | ||||||
21 | longer than 14 days from the issuance of an ex parte firearms | ||||||
22 | restraining order, to determine if a 6-month firearms | ||||||
23 | restraining order shall be issued. The court may extend an ex | ||||||
24 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
25 | service of the order or if necessary to continue protection. | ||||||
26 | The court may extend the order for a greater length of time by |
| |||||||
| |||||||
1 | mutual agreement of the parties.
| ||||||
2 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
3 | 102-538, eff. 8-20-21; revised 11-9-21.) | ||||||
4 | (Text of Section after amendment by P.A. 102-345 )
| ||||||
5 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
6 | (a) A petitioner may request an emergency firearms | ||||||
7 | restraining order by filing an affidavit or verified pleading | ||||||
8 | alleging that the respondent poses an immediate and present | ||||||
9 | danger of causing personal injury to himself, herself, or | ||||||
10 | another by having in his or her custody or control, | ||||||
11 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
12 | firearm parts
that could be assembled to make an operable | ||||||
13 | firearm. The petition shall also describe the type and | ||||||
14 | location of any firearm or firearms, ammunition, or firearm | ||||||
15 | parts
that could be assembled to make an operable firearm | ||||||
16 | presently believed by the petitioner to be possessed or | ||||||
17 | controlled by the respondent.
| ||||||
18 | (b) If the respondent is alleged to pose an immediate and | ||||||
19 | present danger of causing personal injury to an intimate | ||||||
20 | partner, or an intimate partner is alleged to have been the | ||||||
21 | target of a threat or act of violence by the respondent, the | ||||||
22 | petitioner shall make a good faith effort to provide notice to | ||||||
23 | any and all intimate partners of the respondent. The notice | ||||||
24 | must include that the petitioner intends to petition the court | ||||||
25 | for an emergency firearms restraining order, and, if the |
| |||||||
| |||||||
1 | petitioner is a law enforcement officer, referral to relevant | ||||||
2 | domestic violence or stalking advocacy or counseling | ||||||
3 | resources, if appropriate. The petitioner shall attest to | ||||||
4 | having provided the notice in the filed affidavit or verified | ||||||
5 | pleading. If, after making a good faith effort, the petitioner | ||||||
6 | is unable to provide notice to any or all intimate partners, | ||||||
7 | the affidavit or verified pleading should describe what | ||||||
8 | efforts were made. | ||||||
9 | (c) Every person who files a petition for an emergency | ||||||
10 | firearms restraining order, knowing the information provided | ||||||
11 | to the court at any hearing or in the affidavit or verified | ||||||
12 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
13 | of the Criminal Code of 2012.
| ||||||
14 | (d) An emergency firearms restraining order shall be | ||||||
15 | issued on an ex parte basis, that is, without notice to the | ||||||
16 | respondent.
| ||||||
17 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
18 | held the same day that the petition is filed or the next day | ||||||
19 | that the court is in session.
| ||||||
20 | (f) If a circuit or associate judge finds probable cause | ||||||
21 | to believe that the respondent poses an immediate and present | ||||||
22 | danger of causing personal injury to himself, herself, or | ||||||
23 | another by having in his or her custody or control, | ||||||
24 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
25 | firearm parts
that could be assembled to make an operable | ||||||
26 | firearm, the circuit or associate judge shall issue an |
| |||||||
| |||||||
1 | emergency order.
| ||||||
2 | (f-5) If the court issues an emergency firearms | ||||||
3 | restraining order, it shall, upon a finding of probable cause | ||||||
4 | that the respondent possesses firearms, ammunition, or firearm | ||||||
5 | parts
that could be assembled to make an operable firearm, | ||||||
6 | issue a search warrant directing a law enforcement agency to | ||||||
7 | seize the respondent's firearms, ammunition, and firearm parts | ||||||
8 | that could
be assembled to make an operable firearm. The court | ||||||
9 | may, as part of that warrant, direct the law enforcement | ||||||
10 | agency to search the respondent's residence and other places | ||||||
11 | where the court finds there is probable cause to believe he or | ||||||
12 | she is likely to possess the firearms, ammunition, or firearm | ||||||
13 | parts
that could be assembled to make an operable firearm. A | ||||||
14 | return of the search warrant shall be filed by the law | ||||||
15 | enforcement agency within 4 days thereafter, setting forth the | ||||||
16 | time, date, and location that the search warrant was executed | ||||||
17 | and what items, if any, were seized. | ||||||
18 | (g) An emergency firearms restraining order shall require:
| ||||||
19 | (1) the respondent to refrain from having in his or | ||||||
20 | her custody or control, purchasing, possessing, or | ||||||
21 | receiving additional firearms, ammunition, or firearm | ||||||
22 | parts that could be assembled to make an operable firearm, | ||||||
23 | or removing firearm parts that could be assembled to make | ||||||
24 | an operable firearm for the duration of the order under | ||||||
25 | Section 8.2 of the Firearm Owners Identification Card Act ;
| ||||||
26 | and |
| |||||||
| |||||||
1 | (2) the respondent to comply with Section 9.5 of the | ||||||
2 | Firearm Owners Identification Card Act and subsection (g) | ||||||
3 | of Section 70 of the Firearm Concealed Carry Act Illinois, | ||||||
4 | ammunition, and firearm parts that could
be assembled to | ||||||
5 | make an operable firearm . | ||||||
6 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
7 | this Section, upon expiration of the period of safekeeping, if | ||||||
8 | the firearms, ammunition, and firearm parts that could
be | ||||||
9 | assembled to make an operable firearm or Firearm Owner's | ||||||
10 | Identification Card and concealed carry license cannot be | ||||||
11 | returned to the respondent because the respondent cannot be | ||||||
12 | located, fails to respond to requests to retrieve the | ||||||
13 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
14 | ammunition, or firearm parts
that could be assembled to make | ||||||
15 | an operable firearm, upon petition from the local law | ||||||
16 | enforcement agency, the court may order the local law | ||||||
17 | enforcement agency to destroy the firearms, ammunition, and | ||||||
18 | firearm parts that could
be assembled to make an operable | ||||||
19 | firearm, use the firearms, ammunition, and firearm parts that | ||||||
20 | could
be assembled to make an operable firearm for training | ||||||
21 | purposes, or use the firearms, ammunition, and firearm parts | ||||||
22 | that could
be assembled to make an operable firearm for any | ||||||
23 | other application as deemed appropriate by the local law | ||||||
24 | enforcement agency.
| ||||||
25 | (h-5) On or before January 1, 2022, a respondent whose | ||||||
26 | firearms have been turned over to a local law enforcement |
| |||||||
| |||||||
1 | agency Firearm Owner's Identification Card has been revoked or | ||||||
2 | suspended may petition the court, if the petitioner is present | ||||||
3 | in court or has notice of the respondent's petition, to | ||||||
4 | transfer the respondent's firearm, ammunition, and firearm | ||||||
5 | parts that could
be assembled to make an operable firearm to a | ||||||
6 | person who is lawfully able to possess the firearm, | ||||||
7 | ammunition, and firearm parts that could
be assembled to make | ||||||
8 | an operable firearm if the person does not reside at the same | ||||||
9 | address as the respondent. Notice of the petition shall be | ||||||
10 | served upon the person protected by the emergency firearms | ||||||
11 | restraining order. While the order is in effect, the | ||||||
12 | transferee who receives the respondent's firearms, ammunition, | ||||||
13 | and firearm parts that could be assembled to make an operable | ||||||
14 | firearm must swear or affirm by affidavit that he or she shall | ||||||
15 | not transfer the firearm, ammunition, and firearm parts that | ||||||
16 | could
be assembled to make an operable firearm to the | ||||||
17 | respondent or to anyone residing in the same residence as the | ||||||
18 | respondent. | ||||||
19 | (h-6) If a person other than the respondent claims title | ||||||
20 | to any firearms, ammunition, and firearm parts that could
be | ||||||
21 | assembled to make an operable firearm surrendered under this | ||||||
22 | Section, he or she may petition the court, if the petitioner is | ||||||
23 | present in court or has notice of the petition, to have the | ||||||
24 | firearm, ammunition, and firearm parts that could be assembled | ||||||
25 | to make an operable firearm returned to him or her. If the | ||||||
26 | court determines that person to be the lawful owner of the |
| |||||||
| |||||||
1 | firearm, ammunition, and firearm parts that could be assembled | ||||||
2 | to make an operable firearm, the firearm, ammunition, and | ||||||
3 | firearm parts that could
be assembled to make an operable | ||||||
4 | firearm shall be returned to him or her, provided that: | ||||||
5 | (1) the firearm,
ammunition, and firearm parts that | ||||||
6 | could be assembled to make
an operable firearm are removed | ||||||
7 | from the respondent's custody, control, or possession and | ||||||
8 | the lawful owner agrees to store the firearm, ammunition, | ||||||
9 | and firearm parts that could
be assembled to make an | ||||||
10 | operable firearm in a manner such that the respondent does | ||||||
11 | not have access to or control of the firearm, ammunition, | ||||||
12 | and firearm parts that could
be assembled to make an | ||||||
13 | operable firearm; and | ||||||
14 | (2) the firearm,
ammunition, and firearm parts that | ||||||
15 | could be assembled to make
an operable firearm are not | ||||||
16 | otherwise unlawfully possessed by the owner. | ||||||
17 | The person petitioning for the return of his or her | ||||||
18 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
19 | to make an operable firearm must swear or affirm by affidavit | ||||||
20 | that he or she: (i) is the lawful owner of the firearm, | ||||||
21 | ammunition, and firearm parts that could be assembled to make | ||||||
22 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
23 | ammunition, and firearm parts that could
be assembled to make | ||||||
24 | an operable firearm to the respondent; and (iii) will store | ||||||
25 | the firearm, ammunition, and firearm parts that could be | ||||||
26 | assembled to make an operable firearm in a manner that the |
| |||||||
| |||||||
1 | respondent does not have access to or control of the firearm, | ||||||
2 | ammunition, and firearm parts that could
be assembled to make | ||||||
3 | an operable firearm. | ||||||
4 | (i) In accordance with subsection (e) of this Section, the | ||||||
5 | court shall schedule a full hearing as soon as possible, but no | ||||||
6 | longer than 14 days from the issuance of an ex parte firearms | ||||||
7 | restraining order, to determine if a 6-month firearms | ||||||
8 | restraining order shall be issued. The court may extend an ex | ||||||
9 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
10 | service of the order or if necessary to continue protection. | ||||||
11 | The court may extend the order for a greater length of time by | ||||||
12 | mutual agreement of the parties.
| ||||||
13 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
14 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
| ||||||
15 | (430 ILCS 67/40)
| ||||||
16 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
17 | Sec. 40. Six-month orders.
| ||||||
18 | (a) A petitioner may request a 6-month firearms | ||||||
19 | restraining order by filing an affidavit or verified pleading | ||||||
20 | alleging that the respondent poses a significant danger of | ||||||
21 | causing personal injury to himself, herself, or another in the | ||||||
22 | near future by having in his or her custody or control, | ||||||
23 | purchasing, possessing, or receiving a firearm. The petition | ||||||
24 | shall also describe the number, types, and locations of any | ||||||
25 | firearms presently believed by the petitioner to be possessed |
| |||||||
| |||||||
1 | or controlled by the respondent.
| ||||||
2 | (b) If the respondent is alleged to pose a significant | ||||||
3 | danger of causing personal injury to an intimate partner, or | ||||||
4 | an intimate partner is alleged to have been the target of a | ||||||
5 | threat or act of violence by the respondent, the petitioner | ||||||
6 | shall make a good faith effort to provide notice to any and all | ||||||
7 | intimate partners of the respondent. The notice must include | ||||||
8 | that the petitioner intends to petition the court for a | ||||||
9 | 6-month firearms restraining order, and, if the petitioner is | ||||||
10 | a law enforcement officer, referral to relevant domestic | ||||||
11 | violence or stalking advocacy or counseling resources, if | ||||||
12 | appropriate. The petitioner shall attest to having provided | ||||||
13 | the notice in the filed affidavit or verified pleading. If, | ||||||
14 | after making a good faith effort, the petitioner is unable to | ||||||
15 | provide notice to any or all intimate partners, the affidavit | ||||||
16 | or verified pleading should describe what efforts were made. | ||||||
17 | (c) Every person who files a petition for a 6-month | ||||||
18 | firearms restraining order, knowing the information provided | ||||||
19 | to the court at any hearing or in the affidavit or verified | ||||||
20 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
21 | of the Criminal Code of 2012.
| ||||||
22 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
23 | restraining order, the court shall order a hearing within 30 | ||||||
24 | days.
| ||||||
25 | (e) In determining whether to issue a firearms restraining | ||||||
26 | order under this Section, the court shall consider evidence |
| |||||||
| |||||||
1 | including, but not limited to, the following:
| ||||||
2 | (1) The unlawful and reckless use, display, or | ||||||
3 | brandishing of a firearm by the respondent.
| ||||||
4 | (2) The history of use, attempted use, or threatened | ||||||
5 | use of physical force by the respondent against another | ||||||
6 | person.
| ||||||
7 | (3) Any prior arrest of the respondent for a felony | ||||||
8 | offense. | ||||||
9 | (4) Evidence of the abuse of controlled substances or | ||||||
10 | alcohol by the respondent. | ||||||
11 | (5) A recent threat of violence or act of violence by | ||||||
12 | the respondent directed toward himself, herself, or | ||||||
13 | another. | ||||||
14 | (6) A violation of an emergency order of protection | ||||||
15 | issued under Section 217 of the Illinois Domestic Violence | ||||||
16 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
17 | Procedure of 1963 or of an order of protection issued | ||||||
18 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
19 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
20 | of 1963.
| ||||||
21 | (7) A pattern of violent acts or violent threats, | ||||||
22 | including, but not limited to, threats of violence or acts | ||||||
23 | of violence by the respondent directed toward himself, | ||||||
24 | herself, or another. | ||||||
25 | (f) At the hearing, the petitioner shall have the burden | ||||||
26 | of proving, by clear and convincing evidence, that the |
| |||||||
| |||||||
1 | respondent poses a significant danger of personal injury to | ||||||
2 | himself, herself, or another by having in his or her custody or | ||||||
3 | control, purchasing, possessing, or receiving a firearm. | ||||||
4 | (g) If the court finds that there is clear and convincing | ||||||
5 | evidence to issue a firearms restraining order, the court | ||||||
6 | shall issue a firearms restraining order that shall be in | ||||||
7 | effect for 6 months subject to renewal under Section 45 of this | ||||||
8 | Act or termination under that Section. | ||||||
9 | (g-5) If the court issues a 6-month firearms restraining | ||||||
10 | order, it shall, upon a finding of probable cause that the | ||||||
11 | respondent possesses firearms, issue a search warrant | ||||||
12 | directing a law enforcement agency to seize the respondent's | ||||||
13 | firearms. The court may, as part of that warrant, direct the | ||||||
14 | law enforcement agency to search the respondent's residence | ||||||
15 | and other places where the court finds there is probable cause | ||||||
16 | to believe he or she is likely to possess the firearms. | ||||||
17 | (h) A 6-month firearms restraining order shall require: | ||||||
18 | (1) the respondent to refrain from having in his or | ||||||
19 | her custody or control, purchasing, possessing, or | ||||||
20 | receiving additional firearms for the duration of the | ||||||
21 | order under Section 8.2 of the Firearm Owners | ||||||
22 | Identification Card Act; and | ||||||
23 | (2) the respondent to comply with Section 9.5 of the | ||||||
24 | Firearm Owners Identification Card Act and subsection (g) | ||||||
25 | of Section 70 of the Firearm Concealed Carry Act. Illinois | ||||||
26 | (i) Except as otherwise provided in subsection (i-5) of |
| |||||||
| |||||||
1 | this Section, upon expiration of the period of safekeeping, if | ||||||
2 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
3 | returned to the respondent because the respondent cannot be | ||||||
4 | located, fails to respond to requests to retrieve the | ||||||
5 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
6 | upon petition from the local law enforcement agency, the court | ||||||
7 | may order the local law enforcement agency to destroy the | ||||||
8 | firearms, use the firearms for training purposes, or use the | ||||||
9 | firearms for any other application as deemed appropriate by | ||||||
10 | the local law enforcement agency. | ||||||
11 | (i-5) A respondent whose firearms have been turned over to | ||||||
12 | a local law enforcement agency Firearm Owner's Identification | ||||||
13 | Card has been revoked or suspended may petition the court, if | ||||||
14 | the petitioner is present in court or has notice of the | ||||||
15 | respondent's petition, to transfer the respondent's firearm to | ||||||
16 | a person who is lawfully able to possess the firearm if the | ||||||
17 | person does not reside at the same address as the respondent. | ||||||
18 | Notice of the petition shall be served upon the person | ||||||
19 | protected by the emergency firearms restraining order. While | ||||||
20 | the order is in effect, the transferee who receives the | ||||||
21 | respondent's firearms must swear or affirm by affidavit that | ||||||
22 | he or she shall not transfer the firearm to the respondent or | ||||||
23 | to anyone residing in the same residence as the respondent. | ||||||
24 | (i-6) If a person other than the respondent claims title | ||||||
25 | to any firearms surrendered under this Section, he or she may | ||||||
26 | petition the court, if the petitioner is present in court or |
| |||||||
| |||||||
1 | has notice of the petition, to have the firearm returned to him | ||||||
2 | or her. If the court determines that person to be the lawful | ||||||
3 | owner of the firearm, the firearm shall be returned to him or | ||||||
4 | her, provided that: | ||||||
5 | (1) the firearm is removed from the respondent's | ||||||
6 | custody, control, or possession and the lawful owner | ||||||
7 | agrees to store the firearm in a manner such that the | ||||||
8 | respondent does not have access to or control of the | ||||||
9 | firearm; and | ||||||
10 | (2) the firearm is not otherwise unlawfully possessed | ||||||
11 | by the owner. | ||||||
12 | The person petitioning for the return of his or her | ||||||
13 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
14 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
15 | firearm to the respondent; and (iii) will store the firearm in | ||||||
16 | a manner that the respondent does not have access to or control | ||||||
17 | of the firearm. | ||||||
18 | (j) If the court does not issue a firearms restraining | ||||||
19 | order at the hearing, the court shall dissolve any emergency | ||||||
20 | firearms restraining order then in effect. | ||||||
21 | (k) When the court issues a firearms restraining order | ||||||
22 | under this Section, the court shall inform the respondent that | ||||||
23 | he or she is entitled to one hearing during the period of the | ||||||
24 | order to request a termination of the order, under Section 45 | ||||||
25 | of this Act, and shall provide the respondent with a form to | ||||||
26 | request a hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
2 | 102-538, eff. 8-20-21; revised 11-3-21.) | ||||||
3 | (Text of Section after amendment by P.A. 102-345 )
| ||||||
4 | Sec. 40. Six-month orders.
| ||||||
5 | (a) A petitioner may request a 6-month firearms | ||||||
6 | restraining order by filing an affidavit or verified pleading | ||||||
7 | alleging that the respondent poses a significant danger of | ||||||
8 | causing personal injury to himself, herself, or another in the | ||||||
9 | near future by having in his or her custody or control, | ||||||
10 | purchasing, possessing, or receiving a firearm, ammunition, | ||||||
11 | and firearm parts that could
be assembled to make an operable | ||||||
12 | firearm. The petition shall also describe the number, types, | ||||||
13 | and locations of any firearms, ammunition, and firearm parts | ||||||
14 | that could
be assembled to make an operable firearm presently | ||||||
15 | believed by the petitioner to be possessed or controlled by | ||||||
16 | the respondent.
| ||||||
17 | (b) If the respondent is alleged to pose a significant | ||||||
18 | danger of causing personal injury to an intimate partner, or | ||||||
19 | an intimate partner is alleged to have been the target of a | ||||||
20 | threat or act of violence by the respondent, the petitioner | ||||||
21 | shall make a good faith effort to provide notice to any and all | ||||||
22 | intimate partners of the respondent. The notice must include | ||||||
23 | that the petitioner intends to petition the court for a | ||||||
24 | 6-month firearms restraining order, and, if the petitioner is | ||||||
25 | a law enforcement officer, referral to relevant domestic |
| |||||||
| |||||||
1 | violence or stalking advocacy or counseling resources, if | ||||||
2 | appropriate. The petitioner shall attest to having provided | ||||||
3 | the notice in the filed affidavit or verified pleading. If, | ||||||
4 | after making a good faith effort, the petitioner is unable to | ||||||
5 | provide notice to any or all intimate partners, the affidavit | ||||||
6 | or verified pleading should describe what efforts were made. | ||||||
7 | (c) Every person who files a petition for a 6-month | ||||||
8 | firearms restraining order, knowing the information provided | ||||||
9 | to the court at any hearing or in the affidavit or verified | ||||||
10 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
11 | of the Criminal Code of 2012.
| ||||||
12 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
13 | restraining order, the court shall order a hearing within 30 | ||||||
14 | days.
| ||||||
15 | (e) In determining whether to issue a firearms restraining | ||||||
16 | order under this Section, the court shall consider evidence | ||||||
17 | including, but not limited to, the following:
| ||||||
18 | (1) The unlawful and reckless use, display, or | ||||||
19 | brandishing of a firearm, ammunition, and firearm parts | ||||||
20 | that could
be assembled to make an operable firearm by the | ||||||
21 | respondent.
| ||||||
22 | (2) The history of use, attempted use, or threatened | ||||||
23 | use of physical force by the respondent against another | ||||||
24 | person.
| ||||||
25 | (3) Any prior arrest of the respondent for a felony | ||||||
26 | offense. |
| |||||||
| |||||||
1 | (4) Evidence of the abuse of controlled substances or | ||||||
2 | alcohol by the respondent. | ||||||
3 | (5) A recent threat of violence or act of violence by | ||||||
4 | the respondent directed toward himself, herself, or | ||||||
5 | another. | ||||||
6 | (6) A violation of an emergency order of protection | ||||||
7 | issued under Section 217 of the Illinois Domestic Violence | ||||||
8 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
9 | Procedure of 1963 or of an order of protection issued | ||||||
10 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
11 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
12 | of 1963.
| ||||||
13 | (7) A pattern of violent acts or violent threats, | ||||||
14 | including, but not limited to, threats of violence or acts | ||||||
15 | of violence by the respondent directed toward himself, | ||||||
16 | herself, or another. | ||||||
17 | (f) At the hearing, the petitioner shall have the burden | ||||||
18 | of proving, by clear and convincing evidence, that the | ||||||
19 | respondent poses a significant danger of personal injury to | ||||||
20 | himself, herself, or another by having in his or her custody or | ||||||
21 | control, purchasing, possessing, or receiving a firearm, | ||||||
22 | ammunition, and firearm parts that could be assembled to make | ||||||
23 | an operable firearm. | ||||||
24 | (g) If the court finds that there is clear and convincing | ||||||
25 | evidence to issue a firearms restraining order, the court | ||||||
26 | shall issue a firearms restraining order that shall be in |
| |||||||
| |||||||
1 | effect for 6 months subject to renewal under Section 45 of this | ||||||
2 | Act or termination under that Section. | ||||||
3 | (g-5) If the court issues a 6-month firearms restraining | ||||||
4 | order, it shall, upon a finding of probable cause that the | ||||||
5 | respondent possesses firearms, ammunition, and firearm parts | ||||||
6 | that could
be assembled to make an operable firearm, issue a | ||||||
7 | search warrant directing a law enforcement agency to seize the | ||||||
8 | respondent's firearms, ammunition, and firearm parts that | ||||||
9 | could
be assembled to make an operable firearm. The court may, | ||||||
10 | as part of that warrant, direct the law enforcement agency to | ||||||
11 | search the respondent's residence and other places where the | ||||||
12 | court finds there is probable cause to believe he or she is | ||||||
13 | likely to possess the firearms, ammunition, and firearm parts | ||||||
14 | that could
be assembled to make an operable firearm. A return | ||||||
15 | of the search warrant shall be filed by the law enforcement | ||||||
16 | agency within 4 days thereafter, setting forth the time, date, | ||||||
17 | and location that the search warrant was executed and what | ||||||
18 | items, if any, were seized. | ||||||
19 | (h) A 6-month firearms restraining order shall require: | ||||||
20 | (1) the respondent to refrain from having in his or | ||||||
21 | her custody or control, purchasing, possessing, or | ||||||
22 | receiving additional firearms, ammunition, and firearm | ||||||
23 | parts that could
be assembled to make an operable firearm | ||||||
24 | for the duration of the order under Section 8.2 of the | ||||||
25 | Firearm Owners Identification Card Act ; and | ||||||
26 | (2) the respondent to comply with Section 9.5 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act and subsection (g) | ||||||
2 | of Section 70 of the Firearm Concealed Carry Act , | ||||||
3 | ammunition, and firearm parts that could
be assembled to | ||||||
4 | make an operable firearm . Illinois, ammunition, and | ||||||
5 | firearm parts that could be assembled to make an operable | ||||||
6 | firearm | ||||||
7 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
8 | this Section, upon expiration of the period of safekeeping, if | ||||||
9 | the firearms, ammunition, and firearm parts that could
be | ||||||
10 | assembled to make an operable firearm or Firearm Owner's | ||||||
11 | Identification Card cannot be returned to the respondent | ||||||
12 | because the respondent cannot be located, fails to respond to | ||||||
13 | requests to retrieve the firearms, ammunition, and firearm | ||||||
14 | parts that could
be assembled to make an operable firearm, or | ||||||
15 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
16 | firearm parts that could
be assembled to make an operable | ||||||
17 | firearm, upon petition from the local law enforcement agency, | ||||||
18 | the court may order the local law enforcement agency to | ||||||
19 | destroy the firearms, ammunition, and firearm parts that could | ||||||
20 | be assembled to make an operable firearm, use the firearms, | ||||||
21 | ammunition, and firearm parts that could
be assembled to make | ||||||
22 | an operable firearm for training purposes, or use the | ||||||
23 | firearms, ammunition, and firearm parts that could
be | ||||||
24 | assembled to make an operable firearm for any other | ||||||
25 | application as deemed appropriate by the local law enforcement | ||||||
26 | agency. |
| |||||||
| |||||||
1 | (i-5) A respondent whose firearms have been turned over to | ||||||
2 | a local law enforcement agency Firearm Owner's Identification | ||||||
3 | Card has been revoked or suspended may petition the court, if | ||||||
4 | the petitioner is present in court or has notice of the | ||||||
5 | respondent's petition, to transfer the respondent's firearm, | ||||||
6 | ammunition, and firearm parts that could
be assembled to make | ||||||
7 | an operable firearm to a person who is lawfully able to possess | ||||||
8 | the firearm, ammunition, and firearm parts that could
be | ||||||
9 | assembled to make an operable firearm if the person does not | ||||||
10 | reside at the same address as the respondent. Notice of the | ||||||
11 | petition shall be served upon the person protected by the | ||||||
12 | emergency firearms restraining order. While the order is in | ||||||
13 | effect, the transferee who receives the respondent's firearms, | ||||||
14 | ammunition, and firearm parts that could be assembled to make | ||||||
15 | an operable firearm must swear or affirm by affidavit that he | ||||||
16 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
17 | parts that could
be assembled to make an operable firearm to | ||||||
18 | the respondent or to anyone residing in the same residence as | ||||||
19 | the respondent. | ||||||
20 | (i-6) If a person other than the respondent claims title | ||||||
21 | to any firearms, ammunition, and firearm parts that could
be | ||||||
22 | assembled to make an operable firearm surrendered under this | ||||||
23 | Section, he or she may petition the court, if the petitioner is | ||||||
24 | present in court or has notice of the petition, to have the | ||||||
25 | firearm, ammunition, and firearm parts that could be assembled | ||||||
26 | to make an operable firearm returned to him or her. If the |
| |||||||
| |||||||
1 | court determines that person to be the lawful owner of the | ||||||
2 | firearm, ammunition, and firearm parts that could be assembled | ||||||
3 | to make an operable firearm, the firearm, ammunition, and | ||||||
4 | firearm parts that could
be assembled to make an operable | ||||||
5 | firearm shall be returned to him or her, provided that: | ||||||
6 | (1) the firearm,
ammunition, and firearm parts that | ||||||
7 | could be assembled to make
an operable firearm are removed | ||||||
8 | from the respondent's custody, control, or possession and | ||||||
9 | the lawful owner agrees to store the firearm, ammunition, | ||||||
10 | and firearm parts that could
be assembled to make an | ||||||
11 | operable firearm in a manner such that the respondent does | ||||||
12 | not have access to or control of the firearm, ammunition, | ||||||
13 | and firearm parts that could
be assembled to make an | ||||||
14 | operable firearm; and | ||||||
15 | (2) the firearm,
ammunition, and firearm parts that | ||||||
16 | could be assembled to make
an operable firearm are not | ||||||
17 | otherwise unlawfully possessed by the owner. | ||||||
18 | The person petitioning for the return of his or her | ||||||
19 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
20 | to make an operable firearm must swear or affirm by affidavit | ||||||
21 | that he or she: (i) is the lawful owner of the firearm, | ||||||
22 | ammunition, and firearm parts that could be assembled to make | ||||||
23 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
24 | ammunition, and firearm parts that could
be assembled to make | ||||||
25 | an operable firearm to the respondent; and (iii) will store | ||||||
26 | the firearm, ammunition, and firearm parts that could be |
| |||||||
| |||||||
1 | assembled to make an operable firearm in a manner that the | ||||||
2 | respondent does not have access to or control of the firearm, | ||||||
3 | ammunition, and firearm parts that could
be assembled to make | ||||||
4 | an operable firearm. | ||||||
5 | (j) If the court does not issue a firearms restraining | ||||||
6 | order at the hearing, the court shall dissolve any emergency | ||||||
7 | firearms restraining order then in effect. | ||||||
8 | (k) When the court issues a firearms restraining order | ||||||
9 | under this Section, the court shall inform the respondent that | ||||||
10 | he or she is entitled to one hearing during the period of the | ||||||
11 | order to request a termination of the order, under Section 45 | ||||||
12 | of this Act, and shall provide the respondent with a form to | ||||||
13 | request a hearing.
| ||||||
14 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
15 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.) | ||||||
16 | Section 67. The Firearm Dealer License Certification Act | ||||||
17 | is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as | ||||||
18 | follows: | ||||||
19 | (430 ILCS 68/5-20)
| ||||||
20 | Sec. 5-20. Additional licensee requirements. | ||||||
21 | (a) A certified licensee shall make a photo copy of a | ||||||
22 | buyer's or transferee's valid photo identification card | ||||||
23 | whenever a firearm sale transaction takes place. The photo | ||||||
24 | copy shall be attached to the documentation detailing the |
| |||||||
| |||||||
1 | record of sale. | ||||||
2 | (b) A certified licensee shall post in a conspicuous | ||||||
3 | position on the premises where the licensee conducts business | ||||||
4 | a sign that contains the following warning in block letters | ||||||
5 | not less than one inch in height: | ||||||
6 | "With few exceptions enumerated in the Criminal Code | ||||||
7 | of 2012 Firearm Owners Identification Card Act , it is | ||||||
8 | unlawful for you to: | ||||||
9 | (A) store or leave an unsecured firearm in a place | ||||||
10 | where a child can obtain access to it;
or | ||||||
11 | (B) sell or transfer your firearm to someone else | ||||||
12 | without receiving approval for the transfer from the | ||||||
13 | Illinois State Police, or | ||||||
14 | (B) (C) fail to report the loss or theft of your | ||||||
15 | firearm to local law enforcement within 72 hours.". | ||||||
16 | This sign shall be created by the Illinois State Police and | ||||||
17 | made available for printing or downloading from the Illinois | ||||||
18 | State Police's website. | ||||||
19 | (c) No retail location established after the effective | ||||||
20 | date of this Act shall be located within 500 feet of any | ||||||
21 | school, pre-school, or day care facility in existence at its | ||||||
22 | location before the retail location is established as measured | ||||||
23 | from the nearest corner of the building holding the retail | ||||||
24 | location to the corner of the school, pre-school, or day care | ||||||
25 | facility building nearest the retail location at the time the | ||||||
26 | retail location seeks licensure.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
2 | (430 ILCS 68/5-25)
| ||||||
3 | Sec. 5-25. Exemptions. The provisions of this Act related
| ||||||
4 | to the certification of a license do not apply to a
person or | ||||||
5 | entity that engages in the following
activities: | ||||||
6 | (1) temporary transfers of firearms solely for use at | ||||||
7 | the
location or on the premises where the transfer takes | ||||||
8 | place,
such as transfers at a shooting range for use at | ||||||
9 | that location; | ||||||
10 | (2) temporary transfers of firearms solely for use | ||||||
11 | while in
the presence of the transferor or transfers for | ||||||
12 | the
purposes of firearm safety training by a firearms | ||||||
13 | safety training instructor; | ||||||
14 | (3) transfers of firearms among immediate family or
| ||||||
15 | household members, as "immediate family or household | ||||||
16 | member" is
defined in Section 3-2.7-10 of the Unified Code | ||||||
17 | of Corrections, provided that both the transferor and | ||||||
18 | transferee are not prohibited from possessing a firearm | ||||||
19 | under federal or State law have a currently valid Firearm | ||||||
20 | Owner's Identification Card; however, this paragraph (3) | ||||||
21 | does not limit the familial gift exemption under paragraph | ||||||
22 | (2) of subsection (a-15) of Section 3 of the Firearm | ||||||
23 | Owners Identification Card Act ; | ||||||
24 | (4) transfers by persons or entities acting under | ||||||
25 | operation
of law or a court order; |
| |||||||
| |||||||
1 | (5) transfers by persons or entities liquidating all | ||||||
2 | or
part of a collection. For purposes of this paragraph | ||||||
3 | (5),
"collection" means 2 or more firearms which are of | ||||||
4 | special
interest to collectors by reason of some quality | ||||||
5 | other than is
associated with firearms intended for | ||||||
6 | sporting use or as
offensive or defensive weapons; | ||||||
7 | (6) transfers of firearms that have been rendered
| ||||||
8 | permanently inoperable to a nonprofit historical society,
| ||||||
9 | museum, or institutional collection; | ||||||
10 | (7) transfers by a law enforcement or corrections | ||||||
11 | agency or
a law enforcement or corrections officer acting | ||||||
12 | within the
course and scope of his or her official duties; | ||||||
13 | (8) (blank); transfers to a State or local law | ||||||
14 | enforcement agency by a person who has his or her Firearm
| ||||||
15 | Owner's Identification Card revoked; | ||||||
16 | (9) transfers of curios and relics, as defined under
| ||||||
17 | federal law, between collectors licensed under subsection | ||||||
18 | (b)
of Section 923 of the federal Gun Control Act of 1968; | ||||||
19 | (10) transfers by a person or entity licensed as an | ||||||
20 | auctioneer under the Auction License Act; | ||||||
21 | (10.5) transfers of firearms to a resident registered | ||||||
22 | competitor or attendee or non-resident registered | ||||||
23 | competitor or attendee by a licensed federal firearms | ||||||
24 | dealer under Section 923 of the federal Gun Control Act of | ||||||
25 | 1968 at a competitive shooting event held at the World | ||||||
26 | Shooting and Recreational Complex that is sanctioned by a |
| |||||||
| |||||||
1 | national governing body; or | ||||||
2 | (11) transfers between a pawnshop and a customer which | ||||||
3 | amount to a bailment. For purposes of this paragraph (11), | ||||||
4 | "bailment" means the act of placing property in the | ||||||
5 | custody and control of another, by agreement in which the | ||||||
6 | holder is responsible for the safekeeping and return of | ||||||
7 | the property.
| ||||||
8 | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.) | ||||||
9 | (430 ILCS 68/5-40)
| ||||||
10 | Sec. 5-40. Qualifications for operation. | ||||||
11 | (a) Each certified licensee shall submit with each | ||||||
12 | application for certification or renewal an affidavit to the | ||||||
13 | Illinois State Police stating that each owner, employee, or | ||||||
14 | other agent of the certified licensee who sells or conducts | ||||||
15 | transfers of firearms for the certified licensee is at least | ||||||
16 | 21 years of age , has a currently valid Firearm Owner's | ||||||
17 | Identification Card and, for a renewal, has completed the | ||||||
18 | training required under Section 5-30. The affidavit must also | ||||||
19 | contain the name and Firearm Owner's Identification Card | ||||||
20 | number of each owner, employee, or other agent who sells or | ||||||
21 | conducts transfers of firearms for the certified licensee. If | ||||||
22 | an owner, employee, or other agent of the certified licensee | ||||||
23 | is not otherwise a resident of this State, the certified | ||||||
24 | licensee shall submit an affidavit stating that the owner, | ||||||
25 | employee, or other agent has undergone a background check and |
| |||||||
| |||||||
1 | is not prohibited from owning or possessing firearms. | ||||||
2 | (b) In addition to the affidavit required under subsection | ||||||
3 | (a), within 30 days of a new owner, employee, or other agent | ||||||
4 | beginning selling or conducting transfers of firearms for the | ||||||
5 | certified licensee, the certified licensee shall submit an | ||||||
6 | affidavit to the Illinois State Police stating the date that | ||||||
7 | the new owner, employee, or other agent began selling or | ||||||
8 | conducting transfers of firearms for the certified licensee, | ||||||
9 | and providing the information required in subsection (a) for | ||||||
10 | that new owner, employee, or other agent. | ||||||
11 | (c) If a certified licensee has a license, certificate, or | ||||||
12 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
13 | issued by the federal government or the government of any | ||||||
14 | state revoked or suspended for good cause within the preceding | ||||||
15 | 4 years, the Illinois State Police may consider revoking or | ||||||
16 | suspending the certified licenses in this State. In making a | ||||||
17 | determination of whether or not to revoke or suspend a | ||||||
18 | certified license in this State, the Illinois State Police | ||||||
19 | shall consider the number of retail locations the certified | ||||||
20 | licensee or any related person or entity operates in this | ||||||
21 | State or in other states under the same or different business | ||||||
22 | names, and the severity of the infraction in the state in which | ||||||
23 | a license was revoked or suspended. | ||||||
24 | (d) Applications and affidavits required under this | ||||||
25 | Section are not subject to disclosure by the Illinois State | ||||||
26 | Police under the Freedom of Information Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
2 | (430 ILCS 68/5-85)
| ||||||
3 | Sec. 5-85. Disciplinary sanctions. | ||||||
4 | (a) For violations of this Act not penalized under Section
| ||||||
5 | 5-15, the Illinois State Police may
refuse to renew or
| ||||||
6 | restore, or may reprimand, place on probation, suspend, | ||||||
7 | revoke,
or take other disciplinary or non-disciplinary action | ||||||
8 | against
any licensee, and may impose a fine commensurate with | ||||||
9 | the severity of the violation not to exceed $10,000 for each
| ||||||
10 | violation for any of the following, consistent with the | ||||||
11 | Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 | ||||||
12 | through 7903:
| ||||||
13 | (1) Violations of this Act, or any law applicable to | ||||||
14 | the sale or
transfer of firearms.
| ||||||
15 | (2) A pattern of practice or other behavior which
| ||||||
16 | demonstrates incapacity or incompetency to practice under
| ||||||
17 | this Act.
| ||||||
18 | (3) Aiding or assisting another person in violating | ||||||
19 | any
provision of this Act or rules adopted under this Act.
| ||||||
20 | (4) Failing, within 60 days, to provide information in
| ||||||
21 | response to a written request made by the Illinois State | ||||||
22 | Police.
| ||||||
23 | (5) Conviction of, plea of guilty to, or plea of nolo
| ||||||
24 | contendere to any crime that disqualifies the person from
| ||||||
25 | obtaining a firearm valid Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card .
| ||||||
2 | (6) Continued practice, although the person has become
| ||||||
3 | unfit to practice due to any of the following:
| ||||||
4 | (A) Any circumstance that disqualifies the person
| ||||||
5 | from obtaining a firearm valid Firearm Owner's | ||||||
6 | Identification
Card or concealed carry license.
| ||||||
7 | (B) Habitual or excessive use or abuse of drugs
| ||||||
8 | defined in law as controlled substances, alcohol, or
| ||||||
9 | any other substance that results in the inability to
| ||||||
10 | practice with reasonable judgment, skill, or safety. | ||||||
11 | (7) Receiving, directly or indirectly, compensation
| ||||||
12 | for any firearms sold or transferred illegally.
| ||||||
13 | (8) Discipline by another United States jurisdiction,
| ||||||
14 | foreign nation, or governmental agency, if at least one of
| ||||||
15 | the grounds for the discipline is the same or | ||||||
16 | substantially
equivalent to those set forth in this Act.
| ||||||
17 | (9) Violation of any disciplinary order imposed on a
| ||||||
18 | licensee by the Illinois State Police.
| ||||||
19 | (10) A finding by the Illinois State Police that the | ||||||
20 | licensee,
after having his or her certified license placed | ||||||
21 | on probationary
status, has violated the terms of | ||||||
22 | probation.
| ||||||
23 | (11) A fraudulent or material misstatement in the | ||||||
24 | completion of an affirmative obligation or inquiry by law | ||||||
25 | enforcement. | ||||||
26 | (b) All fines imposed under this Section shall be paid
|
| |||||||
| |||||||
1 | within 90 days after the effective date of the final order | ||||||
2 | imposing
the fine.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
4 | Section 70. The Wildlife Code is amended by changing | ||||||
5 | Sections 3.2 and 3.2a as follows:
| ||||||
6 | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| ||||||
7 | Sec. 3.2. Hunting license; application; instruction. | ||||||
8 | Before the
Department or any county, city, village, township, | ||||||
9 | incorporated town clerk
or his duly designated agent or any | ||||||
10 | other person authorized or designated
by the Department to | ||||||
11 | issue hunting licenses shall issue a hunting license
to any | ||||||
12 | person, the person shall file his application with the | ||||||
13 | Department or
other party authorized to issue licenses on a | ||||||
14 | form provided by the
Department and further give definite | ||||||
15 | proof of identity and place of legal
residence. Each clerk | ||||||
16 | designating agents to issue licenses and stamps
shall furnish | ||||||
17 | the Department, within 10 days following the appointment, the
| ||||||
18 | names and mailing addresses of the agents. Each clerk or his | ||||||
19 | duly
designated agent shall be authorized to sell licenses and | ||||||
20 | stamps only
within the territorial area for which he was | ||||||
21 | elected or appointed. No duly
designated agent is authorized | ||||||
22 | to furnish licenses or stamps for
issuance by any other | ||||||
23 | business establishment. Each
application shall be executed and | ||||||
24 | sworn to and shall set forth the name
and description of the |
| |||||||
| |||||||
1 | applicant and place of residence.
| ||||||
2 | No hunting license shall be issued to any person born on or | ||||||
3 | after January
1,
1980
unless he presents the person authorized | ||||||
4 | to issue the license
evidence that he has held a hunting | ||||||
5 | license issued by the State of Illinois
or another state in a | ||||||
6 | prior year, or a certificate of competency as
provided in this | ||||||
7 | Section. Persons under 18 years of age may be issued a
Lifetime | ||||||
8 | Hunting or Sportsmen's Combination License as provided under | ||||||
9 | Section
20-45 of the Fish and Aquatic Life Code but shall not | ||||||
10 | be entitled to hunt alone, without the supervision of an adult | ||||||
11 | age 21 or older,
unless they have a certificate of competency | ||||||
12 | as provided in this Section and
the certificate is in their | ||||||
13 | possession while hunting.
| ||||||
14 | The Department of Natural Resources shall authorize
| ||||||
15 | personnel of the
Department or certified volunteer instructors | ||||||
16 | to conduct courses, of not
less than 10 hours in length, in | ||||||
17 | firearms and hunter safety, which may include
training in bow | ||||||
18 | and arrow safety, at regularly specified intervals throughout
| ||||||
19 | the State. Persons successfully completing the course shall | ||||||
20 | receive a
certificate of competency. The Department of Natural | ||||||
21 | Resources may further
cooperate with any reputable association | ||||||
22 | or organization in establishing
courses if the organization | ||||||
23 | has as one of its objectives the promotion of
safety in the | ||||||
24 | handling of firearms or bow and arrow.
| ||||||
25 | The Department of Natural Resources shall designate any
| ||||||
26 | person found by it
to be competent to give instruction in the |
| |||||||
| |||||||
1 | handling of firearms, hunter
safety, and bow and arrow. The | ||||||
2 | persons so appointed shall give the
course of instruction and | ||||||
3 | upon the successful completion shall
issue to the person | ||||||
4 | instructed a certificate of competency in the safe
handling of | ||||||
5 | firearms, hunter safety, and bow and arrow. No charge shall
be | ||||||
6 | made for any course of instruction except for materials or | ||||||
7 | ammunition
consumed. The Department of Natural Resources shall
| ||||||
8 | furnish information on
the requirements of hunter safety | ||||||
9 | education programs to be distributed
free of charge to | ||||||
10 | applicants for hunting licenses by the persons
appointed and | ||||||
11 | authorized to issue licenses. Funds for the conducting of
| ||||||
12 | firearms and hunter safety courses shall be taken from the fee | ||||||
13 | charged
for the Firearm Owners Identification Card.
| ||||||
14 | The fee for a hunting license to hunt all species for a | ||||||
15 | resident of
Illinois is $12. For residents age 65 or older, | ||||||
16 | and, commencing with the 2012 license year, resident veterans | ||||||
17 | of the United States Armed Forces after returning from service | ||||||
18 | abroad or mobilization by the President of the United States, | ||||||
19 | the fee is one-half of the
fee charged for a hunting license to | ||||||
20 | hunt all species for a resident of
Illinois. Veterans must | ||||||
21 | provide to the Department, at one of the Department's 5 | ||||||
22 | regional offices, verification of their service. The | ||||||
23 | Department shall establish what constitutes suitable | ||||||
24 | verification of service for the purpose of issuing resident | ||||||
25 | veterans hunting
licenses at a reduced fee. The fee for a | ||||||
26 | hunting license to hunt all species shall be $1 for residents |
| |||||||
| |||||||
1 | over 75 years of age. Nonresidents shall be charged $57 for a | ||||||
2 | hunting license.
| ||||||
3 | Nonresidents may be issued a nonresident hunting license | ||||||
4 | for a
period not to exceed 10 consecutive days' hunting in the | ||||||
5 | State and shall
be charged a fee of $35.
| ||||||
6 | A special nonresident hunting license authorizing a | ||||||
7 | nonresident to
take game birds by hunting on a game breeding | ||||||
8 | and hunting preserve
area only, established under Section | ||||||
9 | 3.27, shall be issued upon proper
application being made and | ||||||
10 | payment of a fee equal to that for a resident
hunting license. | ||||||
11 | The expiration date of this license shall be on the same
date | ||||||
12 | each year that game breeding and hunting preserve
area | ||||||
13 | licenses expire.
| ||||||
14 | Each applicant for a State Migratory Waterfowl Stamp, | ||||||
15 | regardless of
his residence or other condition, shall pay a | ||||||
16 | fee of $15 and
shall receive a stamp. The fee for a State | ||||||
17 | Migratory Waterfowl Stamp shall be waived for residents over | ||||||
18 | 75 years of age. Except as provided under
Section 20-45 of the | ||||||
19 | Fish and Aquatic Life Code,
the stamp shall be signed by the | ||||||
20 | person or affixed to his license
or permit in a space | ||||||
21 | designated by the Department for that purpose.
| ||||||
22 | Each applicant for a State Habitat Stamp, regardless of | ||||||
23 | his residence
or other condition, shall pay a fee of $5 and | ||||||
24 | shall receive a
stamp. The fee for a State Habitat Stamp shall | ||||||
25 | be waived for residents over 75 years of age. Except as | ||||||
26 | provided under Section 20-45 of the Fish and Aquatic Life
|
| |||||||
| |||||||
1 | Code, the stamp shall be signed by the person or affixed to his | ||||||
2 | license or
permit in a space designated by the Department for | ||||||
3 | that purpose.
| ||||||
4 | Nothing in this Section shall be construed as to require | ||||||
5 | the purchase
of more than one State Habitat Stamp by any person | ||||||
6 | in any one license year.
| ||||||
7 | The fees for State Pheasant Stamps and State Furbearer | ||||||
8 | Stamps shall be waived for residents over 75 years of age. | ||||||
9 | The Department shall furnish the holders of hunting | ||||||
10 | licenses and stamps
with an insignia as evidence of possession | ||||||
11 | of license, or license and
stamp, as the Department may | ||||||
12 | consider advisable. The insignia shall be
exhibited and used | ||||||
13 | as the Department may order.
| ||||||
14 | All other hunting licenses and all State stamps shall | ||||||
15 | expire upon
March 31 of each year.
| ||||||
16 | Every person holding any license, permit, or stamp issued | ||||||
17 | under the
provisions of this Act shall have it in his | ||||||
18 | possession for immediate
presentation for inspection to the | ||||||
19 | officers and authorized employees of
the Department, any | ||||||
20 | sheriff, deputy sheriff, or any other peace officer making
a | ||||||
21 | demand for it. This provision shall not apply to Department | ||||||
22 | owned or
managed sites where it is required that all hunters | ||||||
23 | deposit their license or ,
permit , or Firearm Owner's | ||||||
24 | Identification Card at the check station upon
entering the | ||||||
25 | hunting areas.
| ||||||
26 | (Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
| ||||||
2 | Sec. 3.2a.
Every person holding any license, permit or | ||||||
3 | stamp issued under the
provisions hereof shall have it in his | ||||||
4 | possession for immediate
presentation for inspection to the | ||||||
5 | officers and authorized employees of
the Department, any | ||||||
6 | sheriff, deputy sheriff or any other peace officer making
a | ||||||
7 | demand for it.
This provision shall not apply to Department | ||||||
8 | owned or managed sites where
it is required that all hunters | ||||||
9 | deposit their license or , permit or Firearm
Owner's | ||||||
10 | Identification Card at the check station upon entering the | ||||||
11 | hunting areas.
| ||||||
12 | (Source: P.A. 85-152.)
| ||||||
13 | Section 75. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, | ||||||
15 | 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, | ||||||
16 | 24-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as | ||||||
17 | follows:
| ||||||
18 | (720 ILCS 5/2-7.1)
| ||||||
19 | Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". | ||||||
20 | "Firearm
"Firearm" and "firearm
ammunition" means any | ||||||
21 | self-contained cartridge or shotgun shell, by whatever name | ||||||
22 | known, which is designed to be used or adaptable to use in a | ||||||
23 | firearm; excluding, however: |
| |||||||
| |||||||
1 | (1) any ammunition exclusively designed for use with
a | ||||||
2 | device used exclusively for signaling or safety and required | ||||||
3 | or recommended by the United States Coast Guard or the | ||||||
4 | Interstate Commerce Commission; and | ||||||
5 | (2) any ammunition designed exclusively for use with
a | ||||||
6 | stud or rivet driver or other similar industrial ammunition
| ||||||
7 | have the meanings ascribed to them in Section 1.1 of the | ||||||
8 | Firearm
Owners Identification Card Act .
| ||||||
9 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
10 | (720 ILCS 5/2-7.5)
| ||||||
11 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
12 | specific
Section, "firearm" means any device, by whatever name | ||||||
13 | known, which is designed to expel a projectile or projectiles | ||||||
14 | by the action of an explosion, expansion of gas or escape of | ||||||
15 | gas; excluding, however: | ||||||
16 | (1) any pneumatic gun, spring gun, paint ball gun, or B-B | ||||||
17 | gun which
expels a single globular projectile not exceeding | ||||||
18 | .18 inch in
diameter or which has a maximum muzzle velocity of | ||||||
19 | less than 700 feet
per second; | ||||||
20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which expels breakable paint balls containing washable | ||||||
22 | marking colors; | ||||||
23 | (2) any device used exclusively for signaling or
safety | ||||||
24 | and required or recommended by the United States Coast Guard | ||||||
25 | or the Interstate Commerce Commission; |
| |||||||
| |||||||
1 | (3) any device used exclusively for the firing of
stud | ||||||
2 | cartridges, explosive rivets, or similar industrial | ||||||
3 | ammunition; and | ||||||
4 | (4) an antique firearm (other than a machine-gun)
which, | ||||||
5 | although designed as a weapon, the Illinois State Police finds | ||||||
6 | by reason of the date of its manufacture, value, design, and | ||||||
7 | other characteristics is primarily a collector's item and is | ||||||
8 | not likely to be used as a weapon has the meaning ascribed to | ||||||
9 | it in Section 1.1 of the
Firearm Owners Identification Card | ||||||
10 | Act .
| ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
12 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
13 | Sec. 12-3.05. Aggravated battery.
| ||||||
14 | (a) Offense based on injury. A person commits aggravated | ||||||
15 | battery when, in committing a battery, other than by the | ||||||
16 | discharge of a firearm, he or she knowingly does any of the | ||||||
17 | following: | ||||||
18 | (1) Causes great bodily harm or permanent disability | ||||||
19 | or disfigurement. | ||||||
20 | (2) Causes severe and permanent disability, great | ||||||
21 | bodily harm, or disfigurement by means of a caustic or | ||||||
22 | flammable substance, a poisonous gas, a deadly biological | ||||||
23 | or chemical contaminant or agent, a radioactive substance, | ||||||
24 | or a bomb or explosive compound. | ||||||
25 | (3) Causes great bodily harm or permanent disability |
| |||||||
| |||||||
1 | or disfigurement to an individual whom the person knows to | ||||||
2 | be a peace officer, community policing volunteer, fireman, | ||||||
3 | private security officer, correctional institution | ||||||
4 | employee, or Department of Human Services employee | ||||||
5 | supervising or controlling sexually dangerous persons or | ||||||
6 | sexually violent persons: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (4) Causes great bodily harm or permanent disability | ||||||
13 | or disfigurement to an individual 60 years of age or | ||||||
14 | older. | ||||||
15 | (5) Strangles another individual. | ||||||
16 | (b) Offense based on injury to a child or person with an | ||||||
17 | intellectual disability. A person who is at least 18 years of | ||||||
18 | age commits aggravated battery when, in committing a battery, | ||||||
19 | he or she knowingly and without legal justification by any | ||||||
20 | means: | ||||||
21 | (1) causes great bodily harm or permanent disability | ||||||
22 | or disfigurement to any child under the age of 13 years, or | ||||||
23 | to any person with a severe or profound intellectual | ||||||
24 | disability; or | ||||||
25 | (2) causes bodily harm or disability or disfigurement | ||||||
26 | to any child under the age of 13 years or to any person |
| |||||||
| |||||||
1 | with a severe or profound intellectual disability. | ||||||
2 | (c) Offense based on location of conduct. A person commits | ||||||
3 | aggravated battery when, in committing a battery, other than | ||||||
4 | by the discharge of a firearm, he or she is or the person | ||||||
5 | battered is on or about a public way, public property, a public | ||||||
6 | place of accommodation or amusement, a sports venue, or a | ||||||
7 | domestic violence shelter, or in a church, synagogue, mosque, | ||||||
8 | or other building, structure, or place used for religious | ||||||
9 | worship. | ||||||
10 | (d) Offense based on status of victim. A person commits | ||||||
11 | aggravated battery when, in committing a battery, other than | ||||||
12 | by discharge of a firearm, he or she knows the individual | ||||||
13 | battered to be any of the following: | ||||||
14 | (1) A person 60 years of age or older. | ||||||
15 | (2) A person who is pregnant or has a physical | ||||||
16 | disability. | ||||||
17 | (3) A teacher or school employee upon school grounds | ||||||
18 | or grounds adjacent to a school or in any part of a | ||||||
19 | building used for school purposes. | ||||||
20 | (4) A peace officer, community policing volunteer, | ||||||
21 | fireman, private security officer, correctional | ||||||
22 | institution employee, or Department of Human Services | ||||||
23 | employee supervising or controlling sexually dangerous | ||||||
24 | persons or sexually violent persons: | ||||||
25 | (i) performing his or her official duties; | ||||||
26 | (ii) battered to prevent performance of his or her |
| |||||||
| |||||||
1 | official duties; or | ||||||
2 | (iii) battered in retaliation for performing his | ||||||
3 | or her official duties. | ||||||
4 | (5) A judge, emergency management worker, emergency | ||||||
5 | medical services personnel, or utility worker: | ||||||
6 | (i) performing his or her official duties; | ||||||
7 | (ii) battered to prevent performance of his or her | ||||||
8 | official duties; or | ||||||
9 | (iii) battered in retaliation for performing his | ||||||
10 | or her official duties. | ||||||
11 | (6) An officer or employee of the State of Illinois, a | ||||||
12 | unit of local government, or a school district, while | ||||||
13 | performing his or her official duties. | ||||||
14 | (7) A transit employee performing his or her official | ||||||
15 | duties, or a transit passenger. | ||||||
16 | (8) A taxi driver on duty. | ||||||
17 | (9) A merchant who detains the person for an alleged | ||||||
18 | commission of retail theft under Section 16-26 of this | ||||||
19 | Code and the person without legal justification by any | ||||||
20 | means causes bodily harm to the merchant. | ||||||
21 | (10) A person authorized to serve process under | ||||||
22 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
23 | process server appointed by the circuit court while that | ||||||
24 | individual is in the performance of his or her duties as a | ||||||
25 | process server. | ||||||
26 | (11) A nurse while in the performance of his or her |
| |||||||
| |||||||
1 | duties as a nurse. | ||||||
2 | (12) A merchant: (i) while performing his or her | ||||||
3 | duties, including, but not limited to, relaying directions | ||||||
4 | for healthcare or safety from his or her supervisor or | ||||||
5 | employer or relaying health or safety guidelines, | ||||||
6 | recommendations, regulations, or rules from a federal, | ||||||
7 | State, or local public health agency; and (ii) during a | ||||||
8 | disaster declared by the Governor, or a state of emergency | ||||||
9 | declared by the mayor of the municipality in which the | ||||||
10 | merchant is located, due to a public health emergency and | ||||||
11 | for a period of 6 months after such declaration. | ||||||
12 | (e) Offense based on use of a firearm. A person commits | ||||||
13 | aggravated battery when, in committing a battery, he or she | ||||||
14 | knowingly does any of the following: | ||||||
15 | (1) Discharges a firearm, other than a machine gun or | ||||||
16 | a firearm equipped with a silencer, and causes any injury | ||||||
17 | to another person. | ||||||
18 | (2) Discharges a firearm, other than a machine gun or | ||||||
19 | a firearm equipped with a silencer, and causes any injury | ||||||
20 | to a person he or she knows to be a peace officer, | ||||||
21 | community policing volunteer, person summoned by a police | ||||||
22 | officer, fireman, private security officer, correctional | ||||||
23 | institution employee, or emergency management worker: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) battered to prevent performance of his or her | ||||||
26 | official duties; or |
| |||||||
| |||||||
1 | (iii) battered in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (3) Discharges a firearm, other than a machine gun or | ||||||
4 | a firearm equipped with a silencer, and causes any injury | ||||||
5 | to a person he or she knows to be emergency medical | ||||||
6 | services personnel: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (4) Discharges a firearm and causes any injury to a | ||||||
13 | person he or she knows to be a teacher, a student in a | ||||||
14 | school, or a school employee, and the teacher, student, or | ||||||
15 | employee is upon school grounds or grounds adjacent to a | ||||||
16 | school or in any part of a building used for school | ||||||
17 | purposes. | ||||||
18 | (5) Discharges a machine gun or a firearm equipped | ||||||
19 | with a silencer, and causes any injury to another person. | ||||||
20 | (6) Discharges a machine gun or a firearm equipped | ||||||
21 | with a silencer, and causes any injury to a person he or | ||||||
22 | she knows to be a peace officer, community policing | ||||||
23 | volunteer, person summoned by a police officer, fireman, | ||||||
24 | private security officer, correctional institution | ||||||
25 | employee or emergency management worker: | ||||||
26 | (i) performing his or her official duties; |
| |||||||
| |||||||
1 | (ii) battered to prevent performance of his or her | ||||||
2 | official duties; or | ||||||
3 | (iii) battered in retaliation for performing his | ||||||
4 | or her official duties. | ||||||
5 | (7) Discharges a machine gun or a firearm equipped | ||||||
6 | with a silencer, and causes any injury to a person he or | ||||||
7 | she knows to be emergency medical services personnel: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) battered to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) battered in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (8) Discharges a machine gun or a firearm equipped | ||||||
14 | with a silencer, and causes any injury to a person he or | ||||||
15 | she knows to be a teacher, or a student in a school, or a | ||||||
16 | school employee, and the teacher, student, or employee is | ||||||
17 | upon school grounds or grounds adjacent to a school or in | ||||||
18 | any part of a building used for school purposes. | ||||||
19 | (f) Offense based on use of a weapon or device. A person | ||||||
20 | commits aggravated battery when, in committing a battery, he | ||||||
21 | or she does any of the following: | ||||||
22 | (1) Uses a deadly weapon other than by discharge of a | ||||||
23 | firearm, or uses an air rifle as defined in Section | ||||||
24 | 24.8-0.1 of this Code. | ||||||
25 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
26 | identity. |
| |||||||
| |||||||
1 | (3) Knowingly and without lawful justification shines | ||||||
2 | or flashes a laser gunsight or other laser device attached | ||||||
3 | to a firearm, or used in concert with a firearm, so that | ||||||
4 | the laser beam strikes upon or against the person of | ||||||
5 | another. | ||||||
6 | (4) Knowingly video or audio records the offense with | ||||||
7 | the intent to disseminate the recording. | ||||||
8 | (g) Offense based on certain conduct. A person commits | ||||||
9 | aggravated battery when, other than by discharge of a firearm, | ||||||
10 | he or she does any of the following: | ||||||
11 | (1) Violates Section 401 of the Illinois Controlled | ||||||
12 | Substances Act by unlawfully delivering a controlled | ||||||
13 | substance to another and any user experiences great bodily | ||||||
14 | harm or permanent disability as a result of the injection, | ||||||
15 | inhalation, or ingestion of any amount of the controlled | ||||||
16 | substance. | ||||||
17 | (2) Knowingly administers to an individual or causes | ||||||
18 | him or her to take, without his or her consent or by threat | ||||||
19 | or deception, and for other than medical purposes, any | ||||||
20 | intoxicating, poisonous, stupefying, narcotic, | ||||||
21 | anesthetic, or controlled substance, or gives to another | ||||||
22 | person any food containing any substance or object | ||||||
23 | intended to cause physical injury if eaten. | ||||||
24 | (3) Knowingly causes or attempts to cause a | ||||||
25 | correctional institution employee or Department of Human | ||||||
26 | Services employee to come into contact with blood, seminal |
| |||||||
| |||||||
1 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
2 | the fluid or material, and the person is an inmate of a | ||||||
3 | penal institution or is a sexually dangerous person or | ||||||
4 | sexually violent person in the custody of the Department | ||||||
5 | of Human Services. | ||||||
6 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
7 | battery is a Class 3 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(4), | ||||||
9 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
11 | (g)(1) is a Class 1 felony. | ||||||
12 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
13 | Class 1 felony when the aggravated battery was intentional and | ||||||
14 | involved the infliction of torture, as defined in paragraph | ||||||
15 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
16 | infliction of or subjection to extreme physical pain, | ||||||
17 | motivated by an intent to increase or prolong the pain, | ||||||
18 | suffering, or agony of the victim. | ||||||
19 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
20 | Class 2 felony when the person causes great bodily harm or | ||||||
21 | permanent disability to an individual whom the person knows to | ||||||
22 | be a member of a congregation engaged in prayer or other | ||||||
23 | religious activities at a church, synagogue, mosque, or other | ||||||
24 | building, structure, or place used for religious worship. | ||||||
25 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
26 | felony if: |
| |||||||
| |||||||
1 | (A) the person used or attempted to use a dangerous
| ||||||
2 | instrument while committing the offense; | ||||||
3 | (B) the person caused great bodily harm or
permanent | ||||||
4 | disability or disfigurement to the other
person while | ||||||
5 | committing the offense; or | ||||||
6 | (C) the person has been previously convicted of a
| ||||||
7 | violation of subdivision (a)(5) under the laws of this
| ||||||
8 | State or laws similar to subdivision (a)(5) of any other
| ||||||
9 | state. | ||||||
10 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
11 | Class X felony. | ||||||
12 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
13 | Class X felony for which a person shall be sentenced to a term | ||||||
14 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
15 | years. | ||||||
16 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
17 | Class X felony for which a person shall be sentenced to a term | ||||||
18 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
19 | years. | ||||||
20 | Aggravated battery as defined in subdivision (e)(2), | ||||||
21 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
22 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
23 | and a maximum of 60 years. | ||||||
24 | Aggravated battery as defined in subdivision (e)(6), | ||||||
25 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
26 | be sentenced to a term of imprisonment of a minimum of 20 years |
| |||||||
| |||||||
1 | and a maximum of 60 years. | ||||||
2 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
3 | Class X felony, except that: | ||||||
4 | (1) if the person committed the offense while armed | ||||||
5 | with a firearm, 15 years shall be added to the term of | ||||||
6 | imprisonment imposed by the court; | ||||||
7 | (2) if, during the commission of the offense, the | ||||||
8 | person personally discharged a firearm, 20 years shall be | ||||||
9 | added to the term of imprisonment imposed by the court; | ||||||
10 | (3) if, during the commission of the offense, the | ||||||
11 | person personally discharged a firearm that proximately | ||||||
12 | caused great bodily harm, permanent disability, permanent | ||||||
13 | disfigurement, or death to another person, 25 years or up | ||||||
14 | to a term of natural life shall be added to the term of | ||||||
15 | imprisonment imposed by the court. | ||||||
16 | (i) Definitions. In this Section: | ||||||
17 | "Building or other structure used to provide shelter" has | ||||||
18 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
19 | Violence Shelters Act. | ||||||
20 | "Domestic violence" has the meaning ascribed to it in | ||||||
21 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
22 | "Domestic violence shelter" means any building or other | ||||||
23 | structure used to provide shelter or other services to victims | ||||||
24 | or to the dependent children of victims of domestic violence | ||||||
25 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
26 | Domestic Violence Shelters Act, or any place within 500 feet |
| |||||||
| |||||||
1 | of such a building or other structure in the case of a person | ||||||
2 | who is going to or from such a building or other structure. | ||||||
3 | "Firearm" has the meaning provided under Section 2-7.5 of | ||||||
4 | this Code 1.1
of the Firearm Owners Identification Card Act , | ||||||
5 | and does
not include an air rifle as defined by Section | ||||||
6 | 24.8-0.1 of this Code. | ||||||
7 | "Machine gun" has the meaning ascribed to it in Section | ||||||
8 | 24-1 of this Code. | ||||||
9 | "Merchant" has the meaning ascribed to it in Section | ||||||
10 | 16-0.1 of this Code. | ||||||
11 | "Strangle" means
intentionally impeding the normal | ||||||
12 | breathing or circulation of the blood of an individual by | ||||||
13 | applying pressure on the throat
or neck of that individual or | ||||||
14 | by blocking the nose or mouth of
that individual.
| ||||||
15 | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
| ||||||
16 | (720 ILCS 5/16-0.1) | ||||||
17 | Sec. 16-0.1. Definitions. In this Article, unless the | ||||||
18 | context clearly requires otherwise, the following terms are | ||||||
19 | defined as indicated: | ||||||
20 | "Access" means to use, instruct, communicate with, store | ||||||
21 | data in, retrieve or intercept data from, or otherwise utilize | ||||||
22 | any services of a computer. | ||||||
23 | "Coin-operated machine" includes any automatic vending | ||||||
24 | machine or any part thereof, parking meter, coin telephone, | ||||||
25 | coin-operated transit turnstile, transit fare box, coin |
| |||||||
| |||||||
1 | laundry machine, coin dry cleaning machine, amusement machine, | ||||||
2 | music machine, vending machine dispensing goods or services, | ||||||
3 | or money changer. | ||||||
4 | "Communication device" means any type of instrument, | ||||||
5 | device, machine, or equipment which is capable of | ||||||
6 | transmitting, acquiring, decrypting, or receiving any | ||||||
7 | telephonic, electronic, data, Internet access, audio, video, | ||||||
8 | microwave, or radio transmissions, signals, communications, or | ||||||
9 | services, including the receipt, acquisition, transmission, or | ||||||
10 | decryption of all such communications, transmissions, signals, | ||||||
11 | or services provided by or through any cable television, fiber | ||||||
12 | optic, telephone, satellite, microwave, radio, Internet-based, | ||||||
13 | data transmission, or wireless distribution network, system or | ||||||
14 | facility; or any part, accessory, or component thereof, | ||||||
15 | including any computer circuit, security module, smart card, | ||||||
16 | software, computer chip, electronic mechanism or other | ||||||
17 | component, accessory or part of any communication device which | ||||||
18 | is capable of facilitating the transmission, decryption, | ||||||
19 | acquisition or reception of all such communications, | ||||||
20 | transmissions, signals, or services. | ||||||
21 | "Communication service" means any service lawfully | ||||||
22 | provided for a charge or compensation to facilitate the lawful | ||||||
23 | origination, transmission, emission, or reception of signs, | ||||||
24 | signals, data, writings, images, and sounds or intelligence of | ||||||
25 | any nature by telephone, including cellular telephones or a | ||||||
26 | wire, wireless, radio, electromagnetic, photo-electronic or |
| |||||||
| |||||||
1 | photo-optical system; and also any service lawfully provided | ||||||
2 | by any radio, telephone, cable television, fiber optic, | ||||||
3 | satellite, microwave, Internet-based or wireless distribution | ||||||
4 | network, system, facility or technology, including, but not | ||||||
5 | limited to, any and all electronic, data, video, audio, | ||||||
6 | Internet access, telephonic, microwave and radio | ||||||
7 | communications, transmissions, signals and services, and any | ||||||
8 | such communications, transmissions, signals and services | ||||||
9 | lawfully provided directly or indirectly by or through any of | ||||||
10 | those networks, systems, facilities or technologies. | ||||||
11 | "Communication service provider" means: (1) any person or | ||||||
12 | entity providing any communication service, whether directly | ||||||
13 | or indirectly, as a reseller, including, but not limited to, a | ||||||
14 | cellular, paging or other wireless communications company or | ||||||
15 | other person or entity which, for a fee, supplies the | ||||||
16 | facility, cell site, mobile telephone switching office or | ||||||
17 | other equipment or communication service; (2) any person or | ||||||
18 | entity owning or operating any cable television, fiber optic, | ||||||
19 | satellite, telephone, wireless, microwave, radio, data | ||||||
20 | transmission or Internet-based distribution network, system or | ||||||
21 | facility; and (3) any person or entity providing any | ||||||
22 | communication service directly or indirectly by or through any | ||||||
23 | such distribution system, network or facility. | ||||||
24 | "Computer" means a device that accepts, processes, stores, | ||||||
25 | retrieves or outputs data, and includes but is not limited to | ||||||
26 | auxiliary storage and telecommunications devices connected to |
| |||||||
| |||||||
1 | computers. | ||||||
2 | "Continuing
course of conduct" means a series of acts, and | ||||||
3 | the accompanying
mental state necessary for the crime in | ||||||
4 | question, irrespective
of whether the series of acts are | ||||||
5 | continuous or intermittent. | ||||||
6 | "Delivery container" means any bakery basket of wire or | ||||||
7 | plastic used to transport or store bread or bakery products, | ||||||
8 | any dairy case of wire or plastic used to transport or store | ||||||
9 | dairy products, and any dolly or cart of 2 or 4 wheels used to | ||||||
10 | transport or store any bakery or dairy product. | ||||||
11 | "Document-making implement" means any implement, | ||||||
12 | impression, template, computer file, computer disc, electronic | ||||||
13 | device, computer hardware, computer software, instrument, or | ||||||
14 | device that is used to make a real or fictitious or fraudulent | ||||||
15 | personal identification document. | ||||||
16 | "Financial transaction device" means any of the following: | ||||||
17 | (1) An electronic funds transfer card. | ||||||
18 | (2) A credit card. | ||||||
19 | (3) A debit card. | ||||||
20 | (4) A point-of-sale card. | ||||||
21 | (5) Any instrument, device, card, plate, code, account | ||||||
22 | number, personal identification number, or a record or | ||||||
23 | copy of a code, account number, or personal identification | ||||||
24 | number or other means of access to a credit account or | ||||||
25 | deposit account, or a driver's license or State | ||||||
26 | identification card used to access a proprietary account, |
| |||||||
| |||||||
1 | other than access originated solely by a paper instrument, | ||||||
2 | that can be used alone or in conjunction with another | ||||||
3 | access device, for any of the following purposes: | ||||||
4 | (A) Obtaining money, cash refund or credit | ||||||
5 | account, credit, goods, services, or any other thing | ||||||
6 | of value. | ||||||
7 | (B) Certifying or guaranteeing to a person or | ||||||
8 | business the availability to the device holder of | ||||||
9 | funds on deposit to honor a draft or check payable to | ||||||
10 | the order of that person or business. | ||||||
11 | (C) Providing the device holder access to a | ||||||
12 | deposit account for the purpose of making deposits, | ||||||
13 | withdrawing funds, transferring funds between deposit | ||||||
14 | accounts, obtaining information pertaining to a | ||||||
15 | deposit account, or making an electronic funds | ||||||
16 | transfer. | ||||||
17 | "Full retail value" means the merchant's stated or | ||||||
18 | advertised price of the merchandise. "Full
retail value" | ||||||
19 | includes the aggregate value of property obtained
from retail | ||||||
20 | thefts committed by the same person as part of a
continuing | ||||||
21 | course of conduct from one or more mercantile
establishments | ||||||
22 | in a single transaction or in separate
transactions over a | ||||||
23 | period of one year. | ||||||
24 | "Internet" means an interactive computer service or system | ||||||
25 | or an information service, system, or access software provider | ||||||
26 | that provides or enables computer access by multiple users to |
| |||||||
| |||||||
1 | a computer server, and includes, but is not limited to, an | ||||||
2 | information service, system, or access software provider that | ||||||
3 | provides access to a network system commonly known as the | ||||||
4 | Internet, or any comparable system or service and also | ||||||
5 | includes, but is not limited to, a World Wide Web page, | ||||||
6 | newsgroup, message board, mailing list, or chat area on any | ||||||
7 | interactive computer service or system or other online | ||||||
8 | service. | ||||||
9 | "Library card" means a card or plate issued by a library | ||||||
10 | facility for purposes of identifying the person to whom the | ||||||
11 | library card was issued as authorized to borrow library | ||||||
12 | material, subject to all limitations and conditions imposed on | ||||||
13 | the borrowing by the library facility issuing such card. | ||||||
14 | "Library facility" includes any public library or museum, | ||||||
15 | or any library or museum of an educational, historical or | ||||||
16 | eleemosynary institution, organization or society. | ||||||
17 | "Library material" includes any book, plate, picture, | ||||||
18 | photograph, engraving, painting, sculpture, statue, artifact, | ||||||
19 | drawing, map, newspaper, pamphlet, broadside, magazine, | ||||||
20 | manuscript, document, letter, microfilm, sound recording, | ||||||
21 | audiovisual material, magnetic or other tape, electronic data | ||||||
22 | processing record or other documentary, written or printed | ||||||
23 | material regardless of physical form or characteristics, or | ||||||
24 | any part thereof, belonging to, or on loan to or otherwise in | ||||||
25 | the custody of a library facility. | ||||||
26 | "Manufacture or assembly of an unlawful access device" |
| |||||||
| |||||||
1 | means to make, produce or assemble an unlawful access device | ||||||
2 | or to modify, alter, program or re-program any instrument, | ||||||
3 | device, machine, equipment or software so that it is capable | ||||||
4 | of defeating or circumventing any technology, device or | ||||||
5 | software used by the provider, owner or licensee of a | ||||||
6 | communication service or of any data, audio or video programs | ||||||
7 | or transmissions to protect any such communication, data, | ||||||
8 | audio or video services, programs or transmissions from | ||||||
9 | unauthorized access, acquisition, disclosure, receipt, | ||||||
10 | decryption, communication, transmission or re-transmission. | ||||||
11 | "Manufacture or assembly of an unlawful communication | ||||||
12 | device" means to make, produce or assemble an unlawful | ||||||
13 | communication or wireless device or to modify, alter, program | ||||||
14 | or reprogram a communication or wireless device to be capable | ||||||
15 | of acquiring, disrupting, receiving, transmitting, decrypting, | ||||||
16 | or facilitating the acquisition, disruption, receipt, | ||||||
17 | transmission or decryption of, a communication service without | ||||||
18 | the express consent or express authorization of the | ||||||
19 | communication service provider, or to knowingly assist others | ||||||
20 | in those activities. | ||||||
21 | "Master sound recording" means the original physical | ||||||
22 | object on which a given set of sounds were first recorded and | ||||||
23 | which the original object from which all subsequent sound | ||||||
24 | recordings embodying the same set of sounds are directly or | ||||||
25 | indirectly derived. | ||||||
26 | "Merchandise" means any item of tangible personal |
| |||||||
| |||||||
1 | property, including motor fuel. | ||||||
2 | "Merchant" means an owner or operator of any retail | ||||||
3 | mercantile establishment or any agent, employee, lessee, | ||||||
4 | consignee, officer, director, franchisee, or independent | ||||||
5 | contractor of the owner or operator. "Merchant" also means a | ||||||
6 | person who receives from an authorized user of a payment card, | ||||||
7 | or someone the person believes to be an authorized user, a | ||||||
8 | payment card or information from a payment card, or what the | ||||||
9 | person believes to be a payment card or information from a | ||||||
10 | payment card, as the instrument for obtaining, purchasing or | ||||||
11 | receiving goods, services, money, or anything else of value | ||||||
12 | from the person. | ||||||
13 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
14 | used to propel a vehicle, including gasoline and diesel. | ||||||
15 | "Online" means the use of any electronic or wireless | ||||||
16 | device to access the Internet. | ||||||
17 | "Payment card" means a credit card, charge card, debit | ||||||
18 | card, or any other card that is issued to an authorized card | ||||||
19 | user and that allows the user to obtain, purchase, or receive | ||||||
20 | goods, services, money, or anything else of value from a | ||||||
21 | merchant. | ||||||
22 | "Person with a disability" means a person who
suffers from | ||||||
23 | a physical or mental impairment resulting from
disease, | ||||||
24 | injury, functional disorder or congenital condition that | ||||||
25 | impairs the
individual's mental or physical ability to | ||||||
26 | independently manage his or her
property or financial |
| |||||||
| |||||||
1 | resources, or both. | ||||||
2 | "Personal identification document" means a birth | ||||||
3 | certificate, a driver's license, a State identification card, | ||||||
4 | a public, government, or private employment identification | ||||||
5 | card, a social security card, a license issued under the | ||||||
6 | Firearm Concealed Carry Act firearm owner's identification | ||||||
7 | card , a credit card, a debit card, or a passport issued to or | ||||||
8 | on behalf of a person other than the offender, or any document | ||||||
9 | made or issued, or falsely purported to have been made or | ||||||
10 | issued, by or under the authority of the United States | ||||||
11 | Government, the State of Illinois, or any other state | ||||||
12 | political subdivision of any state, or any other governmental | ||||||
13 | or quasi-governmental organization that is of a type intended | ||||||
14 | for the purpose of identification of an individual, or any | ||||||
15 | such document made or altered in a manner that it falsely | ||||||
16 | purports to have been made on behalf of or issued to another | ||||||
17 | person or by the authority of one who did not give that | ||||||
18 | authority. | ||||||
19 | "Personal identifying information" means any of the | ||||||
20 | following information: | ||||||
21 | (1) A person's name. | ||||||
22 | (2) A person's address. | ||||||
23 | (3) A person's date of birth. | ||||||
24 | (4) A person's telephone number. | ||||||
25 | (5) A person's driver's license number or State of | ||||||
26 | Illinois identification card as assigned by the Secretary |
| |||||||
| |||||||
1 | of State of the State of Illinois or a similar agency of | ||||||
2 | another state. | ||||||
3 | (6) A person's social security number. | ||||||
4 | (7) A person's public, private, or government | ||||||
5 | employer, place of employment, or employment | ||||||
6 | identification number. | ||||||
7 | (8) The maiden name of a person's mother. | ||||||
8 | (9) The number assigned to a person's depository | ||||||
9 | account, savings account, or brokerage account. | ||||||
10 | (10) The number assigned to a person's credit or debit | ||||||
11 | card, commonly known as a "Visa Card", "MasterCard", | ||||||
12 | "American Express Card", "Discover Card", or other similar | ||||||
13 | cards whether issued by a financial institution, | ||||||
14 | corporation, or business entity. | ||||||
15 | (11) Personal identification numbers. | ||||||
16 | (12) Electronic identification numbers. | ||||||
17 | (13) Digital signals. | ||||||
18 | (14) User names, passwords, and any other word, | ||||||
19 | number, character or combination of the same usable in | ||||||
20 | whole or part to access information relating to a specific | ||||||
21 | individual, or to the actions taken, communications made | ||||||
22 | or received, or other activities or transactions of a | ||||||
23 | specific individual. | ||||||
24 | (15) Any other numbers or information which can be | ||||||
25 | used to access a person's financial resources, or to | ||||||
26 | identify a specific individual, or the actions taken, |
| |||||||
| |||||||
1 | communications made or received, or other activities or | ||||||
2 | transactions of a specific individual. | ||||||
3 | "Premises of a retail mercantile establishment" includes, | ||||||
4 | but is not limited to, the retail mercantile establishment; | ||||||
5 | any common use areas in shopping centers; and all parking | ||||||
6 | areas set aside by a merchant or on behalf of a merchant for | ||||||
7 | the parking of vehicles for the convenience of the patrons of | ||||||
8 | such retail mercantile establishment. | ||||||
9 | "Public water, gas, or power supply, or other public | ||||||
10 | services" mean any service subject to regulation by the | ||||||
11 | Illinois Commerce Commission; any service furnished by a | ||||||
12 | public utility that is owned and operated by any political | ||||||
13 | subdivision, public institution of higher education or | ||||||
14 | municipal corporation of this State; any service furnished by | ||||||
15 | any public utility that is owned by such political | ||||||
16 | subdivision, public institution of higher education, or | ||||||
17 | municipal corporation and operated by any of its lessees or | ||||||
18 | operating agents; any service furnished by an electric | ||||||
19 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
20 | Act; or wireless service or other service regulated by the | ||||||
21 | Federal Communications Commission. | ||||||
22 | "Publish" means to communicate or disseminate information | ||||||
23 | to any one or more persons, either orally, in person, or by | ||||||
24 | telephone, radio or television or in writing of any kind, | ||||||
25 | including, without limitation, a letter or memorandum, | ||||||
26 | circular or handbill, newspaper or magazine article or book. |
| |||||||
| |||||||
1 | "Radio frequency identification device" means any | ||||||
2 | implement, computer file, computer disc, electronic device, | ||||||
3 | computer hardware, computer software, or instrument that is | ||||||
4 | used to activate, read, receive, or decode information stored | ||||||
5 | on a RFID tag or transponder attached to a personal | ||||||
6 | identification document. | ||||||
7 | "RFID tag or transponder" means a chip or device that | ||||||
8 | contains personal identifying information from which the | ||||||
9 | personal identifying information can be read or decoded by | ||||||
10 | another device emitting a radio frequency that activates or | ||||||
11 | powers a radio frequency emission response from the chip or | ||||||
12 | transponder. | ||||||
13 | "Reencoder" means an electronic device that places encoded | ||||||
14 | information from the magnetic strip or stripe of a payment | ||||||
15 | card onto the magnetic strip or stripe of a different payment | ||||||
16 | card. | ||||||
17 | "Retail mercantile establishment" means any place where | ||||||
18 | merchandise is displayed, held, stored or offered for sale to | ||||||
19 | the public. | ||||||
20 | "Scanning device" means a scanner, reader, or any other | ||||||
21 | electronic device that is used to access, read, scan, obtain, | ||||||
22 | memorize, or store, temporarily or permanently, information | ||||||
23 | encoded on the magnetic strip or stripe of a payment card. | ||||||
24 | "Shopping cart" means those push carts of the type or | ||||||
25 | types which are commonly provided by grocery stores, drug | ||||||
26 | stores or other retail mercantile establishments for the use |
| |||||||
| |||||||
1 | of the public in transporting commodities in stores and | ||||||
2 | markets and, incidentally, from the stores to a place outside | ||||||
3 | the store. | ||||||
4 | "Sound or audio visual recording" means any sound or audio | ||||||
5 | visual phonograph record, disc, pre-recorded tape, film, wire, | ||||||
6 | magnetic tape or other object, device or medium, now known or | ||||||
7 | hereafter invented, by which sounds or images may be | ||||||
8 | reproduced with or without the use of any additional machine, | ||||||
9 | equipment or device. | ||||||
10 | "Theft detection device remover" means any tool or device | ||||||
11 | specifically designed and intended to be used to remove any | ||||||
12 | theft detection device from any merchandise. | ||||||
13 | "Under-ring" means to cause the cash register or other | ||||||
14 | sales recording device to reflect less than the full retail | ||||||
15 | value of the merchandise. | ||||||
16 | "Unidentified sound or audio visual recording" means a | ||||||
17 | sound or audio visual recording without the actual name and | ||||||
18 | full and correct street address of the manufacturer, and the | ||||||
19 | name of the actual performers or groups prominently and | ||||||
20 | legibly printed on the outside cover or jacket and on the label | ||||||
21 | of such sound or audio visual recording. | ||||||
22 | "Unlawful access device" means any type of instrument, | ||||||
23 | device, machine, equipment, technology, or software which is | ||||||
24 | primarily possessed, used, designed, assembled, manufactured, | ||||||
25 | sold, distributed or offered, promoted or advertised for the | ||||||
26 | purpose of defeating or circumventing any technology, device |
| |||||||
| |||||||
1 | or software, or any component or part thereof, used by the | ||||||
2 | provider, owner or licensee of any communication service or of | ||||||
3 | any data, audio or video programs or transmissions to protect | ||||||
4 | any such communication, audio or video services, programs or | ||||||
5 | transmissions from unauthorized access, acquisition, receipt, | ||||||
6 | decryption, disclosure, communication, transmission or | ||||||
7 | re-transmission. | ||||||
8 | "Unlawful communication device" means any electronic | ||||||
9 | serial number, mobile identification number, personal | ||||||
10 | identification number or any communication or wireless device | ||||||
11 | that is capable of acquiring or facilitating the acquisition | ||||||
12 | of a communication service without the express consent or | ||||||
13 | express authorization of the communication service provider, | ||||||
14 | or that has been altered, modified, programmed or | ||||||
15 | reprogrammed, alone or in conjunction with another | ||||||
16 | communication or wireless device or other equipment, to so | ||||||
17 | acquire or facilitate the unauthorized acquisition of a | ||||||
18 | communication service. "Unlawful communication device" also | ||||||
19 | means: | ||||||
20 | (1) any phone altered to obtain service without the | ||||||
21 | express consent or express authorization of the | ||||||
22 | communication service provider, tumbler phone, counterfeit | ||||||
23 | or clone phone, tumbler microchip, counterfeit or clone | ||||||
24 | microchip, scanning receiver of wireless communication | ||||||
25 | service or other instrument capable of disguising its | ||||||
26 | identity or location or of gaining unauthorized access to |
| |||||||
| |||||||
1 | a communications or wireless system operated by a | ||||||
2 | communication service provider; and | ||||||
3 | (2) any communication or wireless device which is | ||||||
4 | capable of, or has been altered, designed, modified, | ||||||
5 | programmed or reprogrammed, alone or in conjunction with | ||||||
6 | another communication or wireless device or devices, so as | ||||||
7 | to be capable of, facilitating the disruption, | ||||||
8 | acquisition, receipt, transmission or decryption of a | ||||||
9 | communication service without the express consent or | ||||||
10 | express authorization of the communication service | ||||||
11 | provider, including, but not limited to, any device, | ||||||
12 | technology, product, service, equipment, computer software | ||||||
13 | or component or part thereof, primarily distributed, sold, | ||||||
14 | designed, assembled, manufactured, modified, programmed, | ||||||
15 | reprogrammed or used for the purpose of providing the | ||||||
16 | unauthorized receipt of, transmission of, disruption of, | ||||||
17 | decryption of, access to or acquisition of any | ||||||
18 | communication service provided by any communication | ||||||
19 | service provider. | ||||||
20 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
21 | implement that is self-propelled and that uses motor fuel for | ||||||
22 | propulsion. | ||||||
23 | "Wireless device" includes any type of instrument, device, | ||||||
24 | machine, or
equipment that is capable of transmitting or | ||||||
25 | receiving telephonic, electronic
or
radio communications, or | ||||||
26 | any part of such instrument, device, machine, or
equipment, or |
| |||||||
| |||||||
1 | any computer circuit, computer chip, electronic mechanism, or
| ||||||
2 | other component that is capable of facilitating the | ||||||
3 | transmission or reception
of telephonic, electronic, or radio | ||||||
4 | communications.
| ||||||
5 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. | ||||||
6 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
7 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
8 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
9 | owner identification number. | ||||||
10 | (a) Unlawful sale of household appliances. A person | ||||||
11 | commits unlawful
sale of household
appliances when he or she | ||||||
12 | knowingly, with the intent to defraud or deceive
another, | ||||||
13 | keeps for sale, within any commercial
context, any household | ||||||
14 | appliance with a missing, defaced, obliterated, or
otherwise | ||||||
15 | altered manufacturer's identification number.
| ||||||
16 | (b) Construction equipment identification defacement. A | ||||||
17 | person commits construction equipment identification | ||||||
18 | defacement when he or she knowingly changes,
alters, removes, | ||||||
19 | mutilates, or
obliterates a permanently affixed serial number, | ||||||
20 | product identification number,
part number, component | ||||||
21 | identification number, owner-applied identification,
or other | ||||||
22 | mark of identification attached to or stamped, inscribed, | ||||||
23 | molded,
or etched into a machine or other equipment, whether | ||||||
24 | stationary or mobile
or self-propelled, or a part of such | ||||||
25 | machine or equipment, used in the construction,
maintenance, |
| |||||||
| |||||||
1 | or demolition of buildings, structures, bridges, tunnels, | ||||||
2 | sewers,
utility pipes or lines, ditches or open cuts, roads, | ||||||
3 | highways, dams, airports,
or waterways or in material handling | ||||||
4 | for such projects. | ||||||
5 | The trier of fact may infer that the defendant has | ||||||
6 | knowingly changed, altered, removed, or obliterated the serial | ||||||
7 | number, product identification number, part number, component | ||||||
8 | identification number, owner-applied identification number, or | ||||||
9 | other mark of identification, if the defendant was in | ||||||
10 | possession of any machine or other equipment or a part of such | ||||||
11 | machine
or equipment used in the construction, maintenance, or | ||||||
12 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
13 | utility pipes or lines, ditches or
open cuts, roads, highways, | ||||||
14 | dams, airports, or waterways or in material handling
for such | ||||||
15 | projects upon which any such serial number, product | ||||||
16 | identification
number, part number, component identification | ||||||
17 | number, owner-applied identification
number, or other mark of | ||||||
18 | identification has been changed, altered,
removed, or | ||||||
19 | obliterated. | ||||||
20 | (c) Defacement of manufacturer's serial number or | ||||||
21 | identification mark. A person commits defacement of a | ||||||
22 | manufacturer's serial number or identification mark when he or | ||||||
23 | she knowingly removes, alters, defaces, covers, or destroys | ||||||
24 | the
manufacturer's serial number or any other manufacturer's | ||||||
25 | number or
distinguishing identification mark upon any machine | ||||||
26 | or other article of
merchandise, other than a motor vehicle as |
| |||||||
| |||||||
1 | defined in Section 1-146 of the
Illinois Vehicle Code or a | ||||||
2 | firearm as defined in the Firearm Owners Identification Card | ||||||
3 | Act , with the intent of concealing or destroying the
identity | ||||||
4 | of such machine or other article of merchandise. | ||||||
5 | (d) Sentence. | ||||||
6 | (1) A violation of subsection (a) of this Section is a | ||||||
7 | Class 4 felony if the value
of the appliance or appliances | ||||||
8 | exceeds $1,000 and a Class B misdemeanor if
the value of | ||||||
9 | the appliance or appliances is $1,000 or less.
| ||||||
10 | (2) A violation of subsection (b) of this Section is a | ||||||
11 | Class A misdemeanor. | ||||||
12 | (3) A violation of subsection (c) of this Section is a | ||||||
13 | Class B misdemeanor. | ||||||
14 | (e) No liability shall be imposed upon any person for the | ||||||
15 | unintentional
failure to comply with subsection (a).
| ||||||
16 | (f) Definitions. In this Section: | ||||||
17 | "Commercial context" means a continuing business | ||||||
18 | enterprise conducted
for profit by any person whose primary | ||||||
19 | business is the wholesale or retail
marketing of household | ||||||
20 | appliances, or a significant portion of whose business
or | ||||||
21 | inventory consists of household appliances
kept or sold on a | ||||||
22 | wholesale or retail basis. | ||||||
23 | "Household appliance" means any gas or electric device or | ||||||
24 | machine
marketed for use as home entertainment or for | ||||||
25 | facilitating or expediting
household tasks or chores. The term | ||||||
26 | shall include but not necessarily be
limited to refrigerators, |
| |||||||
| |||||||
1 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
2 | toasters, dishwashers, and other similar household items. | ||||||
3 | "Manufacturer's identification number" means any serial | ||||||
4 | number or
other similar numerical or alphabetical designation | ||||||
5 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
6 | imprinted upon or attached to a household
appliance or item by | ||||||
7 | the manufacturer for purposes of identifying a particular
| ||||||
8 | appliance or item individually or by lot number. | ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
10 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
11 | Sec. 24-1. Unlawful use of weapons.
| ||||||
12 | (a) A person commits the offense of unlawful use of | ||||||
13 | weapons when
he knowingly:
| ||||||
14 | (1) Sells, manufactures, purchases, possesses or | ||||||
15 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
16 | sand-bag, metal knuckles or other knuckle weapon | ||||||
17 | regardless of its composition, throwing star,
or any | ||||||
18 | knife, commonly referred to as a switchblade knife, which | ||||||
19 | has a
blade that opens automatically by hand pressure | ||||||
20 | applied to a button,
spring or other device in the handle | ||||||
21 | of the knife, or a ballistic knife,
which is a device that | ||||||
22 | propels a knifelike blade as a projectile by means
of a | ||||||
23 | coil spring, elastic material or compressed gas; or
| ||||||
24 | (2) Carries or possesses with intent to use the same | ||||||
25 | unlawfully
against another, a dagger, dirk, billy, |
| |||||||
| |||||||
1 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
2 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
3 | deadly weapon or instrument of like character; or
| ||||||
4 | (2.5) Carries or possesses with intent to use the same | ||||||
5 | unlawfully against another, any firearm in a church, | ||||||
6 | synagogue, mosque, or other building, structure, or place | ||||||
7 | used for religious worship; or | ||||||
8 | (3) Carries on or about his person or in any vehicle, a | ||||||
9 | tear gas gun
projector or bomb or any object containing | ||||||
10 | noxious liquid gas or
substance, other than an object | ||||||
11 | containing a non-lethal noxious liquid gas
or substance | ||||||
12 | designed solely for personal defense carried by a person | ||||||
13 | 18
years of age or older; or
| ||||||
14 | (4) Carries or possesses in any vehicle or concealed | ||||||
15 | on or about his
person except when on his land or in his | ||||||
16 | own abode, legal dwelling, or fixed place of
business, or | ||||||
17 | on the land or in the legal dwelling of another person as | ||||||
18 | an invitee with that person's permission, any pistol, | ||||||
19 | revolver, stun gun or taser or other firearm, except
that
| ||||||
20 | this subsection (a) (4) does not apply to or affect | ||||||
21 | transportation of weapons
that meet one of the following | ||||||
22 | conditions:
| ||||||
23 | (i) are broken down in a non-functioning state; or
| ||||||
24 | (ii) are not immediately accessible; or
| ||||||
25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
26 | carrying box,
shipping box, or other container by a |
| |||||||
| |||||||
1 | person eligible under State and federal law to possess | ||||||
2 | a firearm who has been issued a currently
valid | ||||||
3 | Firearm Owner's
Identification Card ; or | ||||||
4 | (iv) are carried or possessed in accordance with | ||||||
5 | the Firearm Concealed Carry Act by a person who has | ||||||
6 | been issued a currently valid license under the | ||||||
7 | Firearm Concealed Carry Act; or
| ||||||
8 | (5) Sets a spring gun; or
| ||||||
9 | (6) Possesses any device or attachment of any kind | ||||||
10 | designed, used or
intended for use in silencing the report | ||||||
11 | of any firearm; or
| ||||||
12 | (7) Sells, manufactures, purchases, possesses or | ||||||
13 | carries:
| ||||||
14 | (i) a machine gun, which shall be defined for the | ||||||
15 | purposes of this
subsection as any weapon,
which | ||||||
16 | shoots, is designed to shoot, or can be readily | ||||||
17 | restored to shoot,
automatically more than one shot | ||||||
18 | without manually reloading by a single
function of the | ||||||
19 | trigger, including the frame or receiver
of any such | ||||||
20 | weapon, or sells, manufactures, purchases, possesses, | ||||||
21 | or
carries any combination of parts designed or | ||||||
22 | intended for
use in converting any weapon into a | ||||||
23 | machine gun, or any combination or
parts from which a | ||||||
24 | machine gun can be assembled if such parts are in the
| ||||||
25 | possession or under the control of a person;
| ||||||
26 | (ii) any rifle having one or
more barrels less |
| |||||||
| |||||||
1 | than 16 inches in length or a shotgun having one or | ||||||
2 | more
barrels less than 18 inches in length or any | ||||||
3 | weapon made from a rifle or
shotgun, whether by | ||||||
4 | alteration, modification, or otherwise, if such a | ||||||
5 | weapon
as modified has an overall length of less than | ||||||
6 | 26 inches; or
| ||||||
7 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
8 | other container containing an
explosive substance of | ||||||
9 | over one-quarter ounce for like purposes, such
as, but | ||||||
10 | not limited to, black powder bombs and Molotov | ||||||
11 | cocktails or
artillery projectiles; or
| ||||||
12 | (8) Carries or possesses any firearm, stun gun or | ||||||
13 | taser or other
deadly weapon in any place which is | ||||||
14 | licensed to sell intoxicating
beverages, or at any public | ||||||
15 | gathering held pursuant to a license issued
by any | ||||||
16 | governmental body or any public gathering at which an | ||||||
17 | admission
is charged, excluding a place where a showing, | ||||||
18 | demonstration or lecture
involving the exhibition of | ||||||
19 | unloaded firearms is conducted.
| ||||||
20 | This subsection (a)(8) does not apply to any auction | ||||||
21 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
22 | issued by a governmental body, nor does it apply to | ||||||
23 | persons
engaged
in firearm safety training courses; or
| ||||||
24 | (9) Carries or possesses in a vehicle or on or about | ||||||
25 | his or her person any
pistol, revolver, stun gun or taser | ||||||
26 | or firearm or ballistic knife, when
he or she is hooded, |
| |||||||
| |||||||
1 | robed or masked in such manner as to conceal his or her | ||||||
2 | identity; or
| ||||||
3 | (10) Carries or possesses on or about his or her | ||||||
4 | person, upon any public street,
alley, or other public | ||||||
5 | lands within the corporate limits of a city, village,
or | ||||||
6 | incorporated town, except when an invitee thereon or | ||||||
7 | therein, for the
purpose of the display of such weapon or | ||||||
8 | the lawful commerce in weapons, or
except when on his land | ||||||
9 | or in his or her own abode, legal dwelling, or fixed place | ||||||
10 | of business, or on the land or in the legal dwelling of | ||||||
11 | another person as an invitee with that person's | ||||||
12 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
13 | other firearm, except that this
subsection (a) (10) does | ||||||
14 | not apply to or affect transportation of weapons that
meet | ||||||
15 | one of the following conditions:
| ||||||
16 | (i) are broken down in a non-functioning state; or
| ||||||
17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been eligible under State and federal | ||||||
21 | law to possess a firearm issued a currently
valid | ||||||
22 | Firearm Owner's
Identification Card ; or
| ||||||
23 | (iv) are carried or possessed in accordance with | ||||||
24 | the Firearm Concealed Carry Act by a person who has | ||||||
25 | been issued a currently valid license under the | ||||||
26 | Firearm Concealed Carry Act. |
| |||||||
| |||||||
1 | A "stun gun or taser", as used in this paragraph (a) | ||||||
2 | means (i) any device
which is powered by electrical | ||||||
3 | charging units, such as, batteries, and
which fires one or | ||||||
4 | several barbs attached to a length of wire and
which, upon | ||||||
5 | hitting a human, can send out a current capable of | ||||||
6 | disrupting
the person's nervous system in such a manner as | ||||||
7 | to render him incapable of
normal functioning or (ii) any | ||||||
8 | device which is powered by electrical
charging units, such | ||||||
9 | as batteries, and which, upon contact with a human or
| ||||||
10 | clothing worn by a human, can send out current capable of | ||||||
11 | disrupting
the person's nervous system in such a manner as | ||||||
12 | to render him incapable
of normal functioning; or
| ||||||
13 | (11) Sells, manufactures, or purchases any explosive | ||||||
14 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
15 | bullet" means the projectile portion of
an ammunition | ||||||
16 | cartridge which contains or carries an explosive charge | ||||||
17 | which
will explode upon contact with the flesh of a human | ||||||
18 | or an animal.
"Cartridge" means a tubular metal case | ||||||
19 | having a projectile affixed at the
front thereof and a cap | ||||||
20 | or primer at the rear end thereof, with the
propellant | ||||||
21 | contained in such tube between the projectile and the cap; | ||||||
22 | or
| ||||||
23 | (12) (Blank); or
| ||||||
24 | (13) Carries or possesses on or about his or her | ||||||
25 | person while in a building occupied by a unit of | ||||||
26 | government, a billy club, other weapon of like character, |
| |||||||
| |||||||
1 | or other instrument of like character intended for use as | ||||||
2 | a weapon. For the purposes of this Section, "billy club" | ||||||
3 | means a short stick or club commonly carried by police | ||||||
4 | officers which is either telescopic or constructed of a | ||||||
5 | solid piece of wood or other man-made material. | ||||||
6 | (b) Sentence. A person convicted of a violation of | ||||||
7 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
8 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
9 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
10 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
11 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
12 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
13 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
14 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
15 | of not less than 3 years and not more than 7 years, unless the | ||||||
16 | weapon is possessed in the
passenger compartment of a motor | ||||||
17 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
18 | Code, or on the person, while the weapon is loaded, in which
| ||||||
19 | case it shall be a Class X felony. A person convicted of a
| ||||||
20 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
21 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
22 | felony. A person convicted of a violation of subsection | ||||||
23 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
24 | weapon in violation of this Section constitutes a single and | ||||||
25 | separate violation.
| ||||||
26 | (c) Violations in specific places.
|
| |||||||
| |||||||
1 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
2 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
3 | the time of year, in residential
property owned, operated | ||||||
4 | or managed by a public housing agency or
leased by
a public | ||||||
5 | housing agency as part of a scattered site or mixed-income
| ||||||
6 | development, in a
public park, in a courthouse, on the | ||||||
7 | real property comprising any school,
regardless of the
| ||||||
8 | time of day or the time of year, on residential property | ||||||
9 | owned, operated
or
managed by a public housing agency
or | ||||||
10 | leased by a public housing agency as part of a scattered | ||||||
11 | site or
mixed-income development,
on the real property | ||||||
12 | comprising any
public park, on the real property | ||||||
13 | comprising any courthouse, in any conveyance
owned, leased | ||||||
14 | or contracted by a school to
transport students to or from | ||||||
15 | school or a school related activity, in any conveyance
| ||||||
16 | owned, leased, or contracted by a public transportation | ||||||
17 | agency, or on any
public way within 1,000 feet of the real | ||||||
18 | property comprising any school,
public park, courthouse, | ||||||
19 | public transportation facility, or residential property | ||||||
20 | owned, operated, or managed
by a public housing agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development
commits a Class 2 felony | ||||||
23 | and shall be sentenced to a term of imprisonment of not | ||||||
24 | less than 3 years and not more than 7 years.
| ||||||
25 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
26 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of |
| |||||||
| |||||||
1 | the time of day or the time of year,
in residential | ||||||
2 | property owned, operated, or managed by a public
housing
| ||||||
3 | agency
or leased by a public housing agency as part of a | ||||||
4 | scattered site or
mixed-income development,
in
a public
| ||||||
5 | park, in a courthouse, on the real property comprising any | ||||||
6 | school, regardless
of the time of day or the time of year, | ||||||
7 | on residential property owned,
operated, or managed by a | ||||||
8 | public housing agency
or leased by a public housing agency | ||||||
9 | as part of a scattered site or
mixed-income development,
| ||||||
10 | on the real property
comprising any public park, on the | ||||||
11 | real property comprising any courthouse, in
any conveyance | ||||||
12 | owned, leased, or contracted by a school to transport | ||||||
13 | students
to or from school or a school related activity, | ||||||
14 | in any conveyance
owned, leased, or contracted by a public | ||||||
15 | transportation agency, or on any public way within
1,000 | ||||||
16 | feet of the real property comprising any school, public | ||||||
17 | park, courthouse,
public transportation facility, or | ||||||
18 | residential property owned, operated, or managed by a | ||||||
19 | public
housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development
| ||||||
21 | commits a Class 3 felony.
| ||||||
22 | (2) A person who violates subsection 24-1(a)(1), | ||||||
23 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
24 | time of day or the time of year, in
residential property | ||||||
25 | owned, operated or managed by a public housing
agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development,
in
a public park, in a | ||||||
2 | courthouse, on the real property comprising any school,
| ||||||
3 | regardless of the time of day or the time of year, on | ||||||
4 | residential property
owned, operated or managed by a | ||||||
5 | public housing agency
or leased by a public housing agency | ||||||
6 | as part of a scattered site or
mixed-income development,
| ||||||
7 | on the real property
comprising any public park, on the | ||||||
8 | real property comprising any courthouse, in
any conveyance | ||||||
9 | owned, leased or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, | ||||||
11 | in any conveyance
owned, leased, or contracted by a public | ||||||
12 | transportation agency, or on any public way within
1,000 | ||||||
13 | feet of the real property comprising any school, public | ||||||
14 | park, courthouse,
public transportation facility, or | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency or leased by a public housing agency | ||||||
17 | as part of a scattered
site or mixed-income development | ||||||
18 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
19 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
20 | of
this State for the conduct of official business.
| ||||||
21 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
22 | (c) shall not
apply to law
enforcement officers or | ||||||
23 | security officers of such school, college, or
university | ||||||
24 | or to students carrying or possessing firearms for use in | ||||||
25 | training
courses, parades, hunting, target shooting on | ||||||
26 | school ranges, or otherwise with
the consent of school |
| |||||||
| |||||||
1 | authorities and which firearms are transported unloaded
| ||||||
2 | enclosed in a suitable case, box, or transportation | ||||||
3 | package.
| ||||||
4 | (4) For the purposes of this subsection (c), "school" | ||||||
5 | means any public or
private elementary or secondary | ||||||
6 | school, community college, college, or
university.
| ||||||
7 | (5) For the purposes of this subsection (c), "public | ||||||
8 | transportation agency" means a public or private agency | ||||||
9 | that provides for the transportation or conveyance of
| ||||||
10 | persons by means available to the general public, except | ||||||
11 | for transportation
by automobiles not used for conveyance | ||||||
12 | of the general public as passengers; and "public | ||||||
13 | transportation facility" means a terminal or other place
| ||||||
14 | where one may obtain public transportation.
| ||||||
15 | (d) The presence in an automobile other than a public | ||||||
16 | omnibus of any
weapon, instrument or substance referred to in | ||||||
17 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
18 | possession of, and is being
carried by, all persons occupying | ||||||
19 | such automobile at the time such
weapon, instrument or | ||||||
20 | substance is found, except under the following
circumstances: | ||||||
21 | (i) if such weapon, instrument or instrumentality is
found | ||||||
22 | upon the person of one of the occupants therein; or (ii) if | ||||||
23 | such
weapon, instrument or substance is found in an automobile | ||||||
24 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
25 | and proper pursuit of
his or her trade, then such presumption | ||||||
26 | shall not apply to the driver.
|
| |||||||
| |||||||
1 | (e) Exemptions. | ||||||
2 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
3 | Spearguns are exempted from the definition of ballistic | ||||||
4 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
5 | this Section. | ||||||
6 | (2) The provision of paragraph (1) of subsection (a) | ||||||
7 | of this Section prohibiting the sale, manufacture, | ||||||
8 | purchase, possession, or carrying of any knife, commonly | ||||||
9 | referred to as a switchblade knife, which has a
blade that | ||||||
10 | opens automatically by hand pressure applied to a button,
| ||||||
11 | spring or other device in the handle of the knife, does not | ||||||
12 | apply to a person eligible under State and federal law to | ||||||
13 | possess a firearm who possesses a currently valid Firearm | ||||||
14 | Owner's Identification Card previously issued in his or | ||||||
15 | her name by the Illinois State Police or to a person or an | ||||||
16 | entity engaged in the business of selling or manufacturing | ||||||
17 | switchblade knives.
| ||||||
18 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
19 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
20 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
21 | felons or
persons in the custody of the
Department of | ||||||
22 | Corrections facilities. | ||||||
23 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
24 | about his person or on his land or
in his own abode or fixed | ||||||
25 | place of business any weapon prohibited under
Section 24-1 of |
| |||||||
| |||||||
1 | this Act or any firearm or any firearm ammunition if the
person | ||||||
2 | has been convicted of a felony under the laws of this State or | ||||||
3 | any
other jurisdiction. This Section shall not apply if the | ||||||
4 | person has been
granted relief under this subsection by the | ||||||
5 | Director of the Illinois State Police
under Section 10 of the | ||||||
6 | Firearm Owners Identification
Card Act . A person prohibited | ||||||
7 | from possessing a firearm under this subsection (a) may | ||||||
8 | petition the Director of the Illinois State Police for a | ||||||
9 | hearing and relief from the prohibition, unless the | ||||||
10 | prohibition was based upon a forcible felony, stalking, | ||||||
11 | aggravated stalking, domestic battery, any violation of the | ||||||
12 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
13 | Control and Community Protection Act, or the Cannabis Control | ||||||
14 | Act that is classified as a Class 2 or greater felony, any | ||||||
15 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, or any adjudication as a delinquent | ||||||
17 | minor for the commission of an offense that if committed by an | ||||||
18 | adult would be a felony, in which case the person may petition | ||||||
19 | the circuit court in writing in the county of his or her | ||||||
20 | residence for a hearing and relief from the prohibition. The | ||||||
21 | Director or court may grant the relief if it is established by | ||||||
22 | the petitioner to the court's or Director's satisfaction that:
| ||||||
23 | (1) when in the circuit court, the State's Attorney | ||||||
24 | has been served with a written copy of the petition at | ||||||
25 | least 30 days before any hearing in the circuit court and | ||||||
26 | at the hearing the State's Attorney was afforded an |
| |||||||
| |||||||
1 | opportunity to present evidence and object to the | ||||||
2 | petition; | ||||||
3 | (2) the petitioner has not been convicted of a
| ||||||
4 | forcible felony under the laws of this State or any other | ||||||
5 | jurisdiction within 20 years of the filing of the | ||||||
6 | petition, or at least 20 years have passed since the end of | ||||||
7 | any period of imprisonment imposed in relation to that | ||||||
8 | conviction; | ||||||
9 | (3) the circumstances regarding a criminal
conviction, | ||||||
10 | where applicable, the petitioner's criminal history and | ||||||
11 | his or her reputation are such that the petitioner will | ||||||
12 | not be likely to act in a manner dangerous to public | ||||||
13 | safety; | ||||||
14 | (4) granting relief would not be contrary to the
| ||||||
15 | public interest; and | ||||||
16 | (5) granting relief would not be contrary to federal
| ||||||
17 | law. | ||||||
18 | (b) It is unlawful for any person confined in a penal | ||||||
19 | institution,
which is a facility of the Illinois Department of | ||||||
20 | Corrections, to possess
any weapon prohibited under Section | ||||||
21 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
22 | regardless of the intent with which he possesses it.
| ||||||
23 | (c) It shall be an affirmative defense to a violation of | ||||||
24 | subsection (b), that such possession was specifically | ||||||
25 | authorized by rule,
regulation, or directive of the Illinois | ||||||
26 | Department of Corrections or order
issued pursuant thereto.
|
| |||||||
| |||||||
1 | (d) The defense of necessity is not available to a person | ||||||
2 | who is charged
with a violation of subsection (b) of this | ||||||
3 | Section.
| ||||||
4 | (e) Sentence. Violation of this Section by a person not | ||||||
5 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
6 | which the person shall be sentenced to no less than 2 years and | ||||||
7 | no
more than 10 years. A second or subsequent violation of this | ||||||
8 | Section shall be a Class 2 felony for which the person shall be | ||||||
9 | sentenced to a term of imprisonment of not less than 3 years | ||||||
10 | and not more than 14 years, except as provided for in Section | ||||||
11 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
12 | this Section by a person not confined in a
penal institution | ||||||
13 | who has been convicted of a forcible felony, a felony
| ||||||
14 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
15 | Identification
Card Act , stalking or aggravated stalking, or a | ||||||
16 | Class 2 or greater felony
under the Illinois Controlled | ||||||
17 | Substances Act, the Cannabis Control Act, or the | ||||||
18 | Methamphetamine Control and Community Protection Act is a
| ||||||
19 | Class 2 felony for which the person
shall be sentenced to not | ||||||
20 | less than 3 years and not more than 14 years, except as | ||||||
21 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
22 | Corrections.
Violation of this Section by a person who is on | ||||||
23 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
24 | which the person shall be sentenced to not less than 3 years | ||||||
25 | and not more than 14
years, except as provided for in Section | ||||||
26 | 5-4.5-110 of the Unified Code of Corrections. Violation of |
| |||||||
| |||||||
1 | this Section by a person not confined in a penal
institution is | ||||||
2 | a Class X felony when the firearm possessed is a machine gun.
| ||||||
3 | Any person who violates this Section while confined in a penal
| ||||||
4 | institution, which is a facility of the Illinois Department of
| ||||||
5 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
6 | weapon prohibited under Section 24-1 of this
Code regardless | ||||||
7 | of the intent with which he possesses it, a Class X
felony if | ||||||
8 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
9 | a
Class X felony for which the offender shall be sentenced to | ||||||
10 | not less than 12
years and not more than 50 years when the | ||||||
11 | firearm possessed is a machine
gun. A violation of this | ||||||
12 | Section while wearing or in possession of body armor as | ||||||
13 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
14 | term of imprisonment of not less than 10 years and not more | ||||||
15 | than 40 years.
The possession of each firearm or firearm | ||||||
16 | ammunition in violation of this Section constitutes a single | ||||||
17 | and separate violation.
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
19 | (720 ILCS 5/24-1.6) | ||||||
20 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
21 | (a) A person commits the offense of aggravated unlawful | ||||||
22 | use of a weapon when
he or she knowingly: | ||||||
23 | (1) Carries on or about his or her person or in any | ||||||
24 | vehicle or concealed
on or about his or her person except | ||||||
25 | when on his or her land or in his or her
abode, legal |
| |||||||
| |||||||
1 | dwelling, or fixed place of business, or on the land or in | ||||||
2 | the legal dwelling of another person as an invitee with | ||||||
3 | that person's permission, any pistol, revolver, stun gun | ||||||
4 | or taser or
other firearm; or | ||||||
5 | (2) Carries or possesses on or about his or her | ||||||
6 | person, upon any public
street, alley, or other public | ||||||
7 | lands within the corporate limits of a city,
village or | ||||||
8 | incorporated town, except when an invitee thereon or | ||||||
9 | therein, for
the purpose of the display of such weapon or | ||||||
10 | the lawful commerce in weapons, or
except when on his or | ||||||
11 | her own land or in his or her own abode, legal dwelling, or | ||||||
12 | fixed place of
business, or on the land or in the legal | ||||||
13 | dwelling of another person as an invitee with that | ||||||
14 | person's permission, any pistol, revolver, stun gun or | ||||||
15 | taser or other firearm; and | ||||||
16 | (3) One of the following factors is present: | ||||||
17 | (A) the firearm, other than a pistol, revolver, or | ||||||
18 | handgun, possessed was uncased, loaded, and | ||||||
19 | immediately accessible
at the time of the offense; or | ||||||
20 | (A-5) the pistol, revolver, or handgun possessed | ||||||
21 | was uncased, loaded, and immediately accessible
at the | ||||||
22 | time of the offense and the person possessing the | ||||||
23 | pistol, revolver, or handgun has not been issued a | ||||||
24 | currently valid license under the Firearm Concealed | ||||||
25 | Carry Act; or | ||||||
26 | (B) the firearm, other than a pistol, revolver, or |
| |||||||
| |||||||
1 | handgun, possessed was uncased, unloaded, and the | ||||||
2 | ammunition for
the weapon was immediately accessible | ||||||
3 | at the time of the offense; or | ||||||
4 | (B-5) the pistol, revolver, or handgun possessed | ||||||
5 | was uncased, unloaded, and the ammunition for
the | ||||||
6 | weapon was immediately accessible at the time of the | ||||||
7 | offense and the person possessing the pistol, | ||||||
8 | revolver, or handgun has not been issued a currently | ||||||
9 | valid license under the Firearm Concealed Carry Act; | ||||||
10 | or | ||||||
11 | (C) (blank); or the person possessing the firearm | ||||||
12 | has not been issued a currently
valid Firearm Owner's | ||||||
13 | Identification Card; or | ||||||
14 | (D) the person possessing the weapon was | ||||||
15 | previously adjudicated
a delinquent minor under the | ||||||
16 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
17 | by an adult would be a felony; or | ||||||
18 | (E) the person possessing the weapon was engaged | ||||||
19 | in a misdemeanor
violation of the Cannabis
Control | ||||||
20 | Act, in a misdemeanor violation of the Illinois | ||||||
21 | Controlled Substances
Act, or in a misdemeanor | ||||||
22 | violation of the Methamphetamine Control and Community | ||||||
23 | Protection Act; or | ||||||
24 | (F) (blank); or | ||||||
25 | (G) the person possessing the weapon had an order | ||||||
26 | of protection issued
against him or her within the |
| |||||||
| |||||||
1 | previous 2 years; or | ||||||
2 | (H) the person possessing the weapon was engaged | ||||||
3 | in the commission or
attempted commission of
a | ||||||
4 | misdemeanor involving the use or threat of violence | ||||||
5 | against
the person or property of another; or | ||||||
6 | (I) the person possessing the weapon was under 21 | ||||||
7 | years of age and in
possession of a handgun, unless the | ||||||
8 | person under 21
is engaged in lawful activities under | ||||||
9 | the Wildlife Code or described in
subsection | ||||||
10 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
11 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
12 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
13 | (b) "Stun gun or taser" as used in this Section has the | ||||||
14 | same definition
given to it in Section 24-1 of this Code. | ||||||
15 | (c) This Section does not apply to or affect the | ||||||
16 | transportation or
possession
of weapons that: | ||||||
17 | (i) are broken down in a non-functioning state; or | ||||||
18 | (ii) are not immediately accessible; or | ||||||
19 | (iii) are unloaded and enclosed in a case, firearm | ||||||
20 | carrying box,
shipping box, or other container by a person | ||||||
21 | is eligible under State and federal law to possess a | ||||||
22 | firearm who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card . | ||||||
24 | (d) Sentence. | ||||||
25 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
26 | felony;
a second or subsequent offense is a Class 2 felony |
| |||||||
| |||||||
1 | for which the person shall be sentenced to a term of | ||||||
2 | imprisonment of not less than 3 years and not more than 7 | ||||||
3 | years, except as provided for in Section 5-4.5-110 of the | ||||||
4 | Unified Code of Corrections. | ||||||
5 | (2) (Blank). Except as otherwise provided in | ||||||
6 | paragraphs (3) and (4) of this subsection (d), a first | ||||||
7 | offense of aggravated unlawful use of a weapon committed | ||||||
8 | with a firearm by a person 18 years of age or older where | ||||||
9 | the factors listed in both items (A) and (C) or both items | ||||||
10 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
11 | present is a Class 4 felony, for which the person shall be | ||||||
12 | sentenced to a term of imprisonment of not less than one | ||||||
13 | year and not more than 3 years. | ||||||
14 | (3) Aggravated unlawful use of
a weapon by a person | ||||||
15 | who has been previously
convicted of a felony in this | ||||||
16 | State or another jurisdiction is a Class 2
felony for | ||||||
17 | which the person shall be sentenced to a term of | ||||||
18 | imprisonment of not less than 3 years and not more than 7 | ||||||
19 | years, except as provided for in Section 5-4.5-110 of the | ||||||
20 | Unified Code of Corrections. | ||||||
21 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
22 | or in possession of body armor as defined in Section 33F-1 | ||||||
23 | by a person who is prohibited under State or federal law | ||||||
24 | from possessing a firearm has not been issued a valid | ||||||
25 | Firearms Owner's Identification Card in accordance with | ||||||
26 | Section 5 of the Firearm Owners Identification Card Act is |
| |||||||
| |||||||
1 | a Class X felony.
| ||||||
2 | (e) The possession of each firearm in violation of this | ||||||
3 | Section constitutes a single and separate violation. | ||||||
4 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | ||||||
5 | (720 ILCS 5/24-1.8) | ||||||
6 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
7 | gang member. | ||||||
8 | (a) A person
commits unlawful possession of a firearm by a | ||||||
9 | street gang member when he or she knowingly: | ||||||
10 | (1) possesses, carries, or conceals on or about his or | ||||||
11 | her person a firearm and firearm ammunition while on any | ||||||
12 | street, road, alley, gangway, sidewalk, or any other | ||||||
13 | lands, except when inside his or her own abode or inside | ||||||
14 | his or her fixed place of business, and has not been issued | ||||||
15 | a currently valid Firearm Owner's Identification Card and | ||||||
16 | is a member of a street gang; or | ||||||
17 | (2) possesses or carries in any vehicle a firearm and | ||||||
18 | firearm ammunition which are both immediately accessible | ||||||
19 | at the time of the offense while on any street, road, | ||||||
20 | alley, or any other lands, except when inside his or her | ||||||
21 | own abode or garage, and has not been issued a currently | ||||||
22 | valid Firearm Owner's Identification Card and is a member | ||||||
23 | of a street gang. | ||||||
24 | (b) Unlawful possession of a firearm by a street gang | ||||||
25 | member is a Class 2 felony for which the person, if sentenced |
| |||||||
| |||||||
1 | to a term of imprisonment, shall be sentenced to no less than 3 | ||||||
2 | years and no more than 10 years. A period of probation, a term | ||||||
3 | of periodic imprisonment or conditional discharge shall not be | ||||||
4 | imposed for the offense of unlawful possession of a firearm by | ||||||
5 | a street gang member when the firearm was loaded or contained | ||||||
6 | firearm ammunition and the court shall sentence the offender | ||||||
7 | to not less than the minimum term of imprisonment authorized | ||||||
8 | for the Class 2 felony. | ||||||
9 | (c) For purposes of this Section: | ||||||
10 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
11 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
12 | Prevention Act. | ||||||
13 | "Street gang member" or "gang member" has the meaning | ||||||
14 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
15 | Terrorism Omnibus Prevention Act.
| ||||||
16 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
17 | (720 ILCS 5/24-2)
| ||||||
18 | (Text of Section before amendment by P.A. 102-152 )
| ||||||
19 | Sec. 24-2. Exemptions.
| ||||||
20 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
21 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
22 | the following:
| ||||||
23 | (1) Peace officers, and any person summoned by a peace | ||||||
24 | officer to
assist in making arrests or preserving the | ||||||
25 | peace, while actually engaged in
assisting such officer.
|
| |||||||
| |||||||
1 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
2 | penitentiaries, jails and other institutions for the | ||||||
3 | detention of persons
accused or convicted of an offense, | ||||||
4 | while in the performance of their
official duty, or while | ||||||
5 | commuting between their homes and places of employment.
| ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard or the | ||||||
8 | Reserve Officers Training Corps,
while in the performance | ||||||
9 | of their official duty.
| ||||||
10 | (4) Special agents employed by a railroad or a public | ||||||
11 | utility to
perform police functions, and guards of armored | ||||||
12 | car companies, while
actually engaged in the performance | ||||||
13 | of the duties of their employment or
commuting between | ||||||
14 | their homes and places of employment; and watchmen
while | ||||||
15 | actually engaged in the performance of the duties of their | ||||||
16 | employment.
| ||||||
17 | (5) Persons licensed as private security contractors, | ||||||
18 | private
detectives, or private alarm contractors, or | ||||||
19 | employed by a private security contractor, private | ||||||
20 | detective, or private alarm contractor agency licensed
by | ||||||
21 | the Department of Financial and Professional Regulation, | ||||||
22 | if their duties
include the carrying of a weapon under the | ||||||
23 | provisions of the Private
Detective, Private Alarm,
| ||||||
24 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
25 | 2004,
while actually
engaged in the performance of the | ||||||
26 | duties of their employment or commuting
between their |
| |||||||
| |||||||
1 | homes and places of employment. A person shall be | ||||||
2 | considered eligible for this
exemption if he or she has | ||||||
3 | completed the required 20
hours of training for a private | ||||||
4 | security contractor, private
detective, or private alarm | ||||||
5 | contractor, or employee of a licensed private security | ||||||
6 | contractor, private detective, or private alarm contractor | ||||||
7 | agency and 20 hours of required firearm
training, and has | ||||||
8 | been issued a firearm control card by
the Department of | ||||||
9 | Financial and Professional Regulation. Conditions for the | ||||||
10 | renewal of
firearm control cards issued under the | ||||||
11 | provisions of this Section
shall be the same as for those | ||||||
12 | cards issued under the provisions of the
Private | ||||||
13 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
14 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
15 | card shall be carried by the private security contractor, | ||||||
16 | private
detective, or private alarm contractor, or | ||||||
17 | employee of the licensed private security contractor, | ||||||
18 | private detective, or private alarm contractor agency at | ||||||
19 | all
times when he or she is in possession of a concealable | ||||||
20 | weapon permitted by his or her firearm control card.
| ||||||
21 | (6) Any person regularly employed in a commercial or | ||||||
22 | industrial
operation as a security guard for the | ||||||
23 | protection of persons employed
and private property | ||||||
24 | related to such commercial or industrial
operation, while | ||||||
25 | actually engaged in the performance of his or her
duty or | ||||||
26 | traveling between sites or properties belonging to the
|
| |||||||
| |||||||
1 | employer, and who, as a security guard, is a member of a | ||||||
2 | security force registered with the Department of Financial | ||||||
3 | and Professional
Regulation; provided that such security | ||||||
4 | guard has successfully completed a
course of study, | ||||||
5 | approved by and supervised by the Department of
Financial | ||||||
6 | and Professional Regulation, consisting of not less than | ||||||
7 | 40 hours of training
that includes the theory of law | ||||||
8 | enforcement, liability for acts, and the
handling of | ||||||
9 | weapons. A person shall be considered eligible for this
| ||||||
10 | exemption if he or she has completed the required 20
hours | ||||||
11 | of training for a security officer and 20 hours of | ||||||
12 | required firearm
training, and has been issued a firearm | ||||||
13 | control card by
the Department of Financial and | ||||||
14 | Professional Regulation. Conditions for the renewal of
| ||||||
15 | firearm control cards issued under the provisions of this | ||||||
16 | Section
shall be the same as for those cards issued under | ||||||
17 | the provisions of the
Private Detective, Private Alarm,
| ||||||
18 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
19 | 2004. The
firearm control card shall be carried by the | ||||||
20 | security guard at all
times when he or she is in possession | ||||||
21 | of a concealable weapon permitted by his or her firearm | ||||||
22 | control card.
| ||||||
23 | (7) Agents and investigators of the Illinois | ||||||
24 | Legislative Investigating
Commission authorized by the | ||||||
25 | Commission to carry the weapons specified in
subsections | ||||||
26 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
| |||||||
| |||||||
1 | any investigation for the Commission.
| ||||||
2 | (8) Persons employed by a financial institution as a | ||||||
3 | security guard for the protection of
other employees and | ||||||
4 | property related to such financial institution, while
| ||||||
5 | actually engaged in the performance of their duties, | ||||||
6 | commuting between
their homes and places of employment, or | ||||||
7 | traveling between sites or
properties owned or operated by | ||||||
8 | such financial institution, and who, as a security guard, | ||||||
9 | is a member of a security force registered with the | ||||||
10 | Department; provided that
any person so employed has | ||||||
11 | successfully completed a course of study,
approved by and | ||||||
12 | supervised by the Department of Financial and Professional | ||||||
13 | Regulation,
consisting of not less than 40 hours of | ||||||
14 | training which includes theory of
law enforcement, | ||||||
15 | liability for acts, and the handling of weapons.
A person | ||||||
16 | shall be considered to be eligible for this exemption if | ||||||
17 | he or
she has completed the required 20 hours of training | ||||||
18 | for a security officer
and 20 hours of required firearm | ||||||
19 | training, and has been issued a
firearm control card by | ||||||
20 | the Department of Financial and Professional Regulation.
| ||||||
21 | Conditions for renewal of firearm control cards issued | ||||||
22 | under the
provisions of this Section shall be the same as | ||||||
23 | for those issued under the
provisions of the Private | ||||||
24 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
25 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
26 | card shall be carried by the security guard at all times |
| |||||||
| |||||||
1 | when he or she is in possession of a concealable
weapon | ||||||
2 | permitted by his or her firearm control card. For purposes | ||||||
3 | of this subsection, "financial institution" means a
bank, | ||||||
4 | savings and loan association, credit union or company | ||||||
5 | providing
armored car services.
| ||||||
6 | (9) Any person employed by an armored car company to | ||||||
7 | drive an armored
car, while actually engaged in the | ||||||
8 | performance of his duties.
| ||||||
9 | (10) Persons who have been classified as peace | ||||||
10 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
11 | Act.
| ||||||
12 | (11) Investigators of the Office of the State's | ||||||
13 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
14 | governors of the Office of the
State's Attorneys Appellate | ||||||
15 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
16 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
17 | (12) Special investigators appointed by a State's | ||||||
18 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
19 | (12.5) Probation officers while in the performance of | ||||||
20 | their duties, or
while commuting between their homes, | ||||||
21 | places of employment or specific locations
that are part | ||||||
22 | of their assigned duties, with the consent of the chief | ||||||
23 | judge of
the circuit for which they are employed, if they | ||||||
24 | have received weapons training according
to requirements | ||||||
25 | of the Peace Officer and Probation Officer Firearm | ||||||
26 | Training Act.
|
| |||||||
| |||||||
1 | (13) Court Security Officers while in the performance | ||||||
2 | of their official
duties, or while commuting between their | ||||||
3 | homes and places of employment, with
the
consent of the | ||||||
4 | Sheriff.
| ||||||
5 | (13.5) A person employed as an armed security guard at | ||||||
6 | a nuclear energy,
storage, weapons or development site or | ||||||
7 | facility regulated by the Nuclear
Regulatory Commission | ||||||
8 | who has completed the background screening and training
| ||||||
9 | mandated by the rules and regulations of the Nuclear | ||||||
10 | Regulatory Commission.
| ||||||
11 | (14) Manufacture, transportation, or sale of weapons | ||||||
12 | to
persons
authorized under subdivisions (1) through | ||||||
13 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
14 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
15 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
16 | or handgun and the person has been issued a currently valid | ||||||
17 | license under the Firearm Concealed Carry Act at the time of | ||||||
18 | the commission of the offense. | ||||||
19 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
20 | to
or affect a qualified current or retired law enforcement | ||||||
21 | officer qualified under the laws of this State or under the | ||||||
22 | federal Law Enforcement Officers Safety Act. | ||||||
23 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
24 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
25 | (1) Members of any club or organization organized for | ||||||
26 | the purpose of
practicing shooting at targets upon |
| |||||||
| |||||||
1 | established target ranges, whether
public or private, and | ||||||
2 | patrons of such ranges, while such members
or patrons are | ||||||
3 | using their firearms on those target ranges.
| ||||||
4 | (2) Duly authorized military or civil organizations | ||||||
5 | while parading,
with the special permission of the | ||||||
6 | Governor.
| ||||||
7 | (3) Hunters, trappers or fishermen with a license or
| ||||||
8 | permit while engaged in hunting,
trapping or fishing.
| ||||||
9 | (4) Transportation of weapons that are broken down in | ||||||
10 | a
non-functioning state or are not immediately accessible.
| ||||||
11 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
12 | gun or taser or other firearm on the land or in the legal | ||||||
13 | dwelling of another person as an invitee with that | ||||||
14 | person's permission. | ||||||
15 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
16 | of the
following:
| ||||||
17 | (1) Peace officers while in performance of their | ||||||
18 | official duties.
| ||||||
19 | (2) Wardens, superintendents and keepers of prisons, | ||||||
20 | penitentiaries,
jails and other institutions for the | ||||||
21 | detention of persons accused or
convicted of an offense.
| ||||||
22 | (3) Members of the Armed Services or Reserve Forces of | ||||||
23 | the United States
or the Illinois National Guard, while in | ||||||
24 | the performance of their official
duty.
| ||||||
25 | (4) Manufacture, transportation, or sale of machine | ||||||
26 | guns to persons
authorized under subdivisions (1) through |
| |||||||
| |||||||
1 | (3) of this subsection to
possess machine guns, if the | ||||||
2 | machine guns are broken down in a
non-functioning state or | ||||||
3 | are not immediately accessible.
| ||||||
4 | (5) Persons licensed under federal law to manufacture | ||||||
5 | any weapon from
which 8 or more shots or bullets can be | ||||||
6 | discharged by a
single function of the firing device, or | ||||||
7 | ammunition for such weapons, and
actually engaged in the | ||||||
8 | business of manufacturing such weapons or
ammunition, but | ||||||
9 | only with respect to activities which are within the | ||||||
10 | lawful
scope of such business, such as the manufacture, | ||||||
11 | transportation, or testing
of such weapons or ammunition. | ||||||
12 | This exemption does not authorize the
general private | ||||||
13 | possession of any weapon from which 8 or more
shots or | ||||||
14 | bullets can be discharged by a single function of the | ||||||
15 | firing
device, but only such possession and activities as | ||||||
16 | are within the lawful
scope of a licensed manufacturing | ||||||
17 | business described in this paragraph.
| ||||||
18 | During transportation, such weapons shall be broken | ||||||
19 | down in a
non-functioning state or not immediately | ||||||
20 | accessible.
| ||||||
21 | (6) The manufacture, transport, testing, delivery, | ||||||
22 | transfer or sale,
and all lawful commercial or | ||||||
23 | experimental activities necessary thereto, of
rifles, | ||||||
24 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
25 | ammunition for such rifles, shotguns or weapons, where | ||||||
26 | engaged in
by a person operating as a contractor or |
| |||||||
| |||||||
1 | subcontractor pursuant to a
contract or subcontract for | ||||||
2 | the development and supply of such rifles,
shotguns, | ||||||
3 | weapons or ammunition to the United States government or | ||||||
4 | any
branch of the Armed Forces of the United States, when | ||||||
5 | such activities are
necessary and incident to fulfilling | ||||||
6 | the terms of such contract.
| ||||||
7 | The exemption granted under this subdivision (c)(6)
| ||||||
8 | shall also apply to any authorized agent of any such | ||||||
9 | contractor or
subcontractor who is operating within the | ||||||
10 | scope of his employment, where
such activities involving | ||||||
11 | such weapon, weapons or ammunition are necessary
and | ||||||
12 | incident to fulfilling the terms of such contract.
| ||||||
13 | (7) A person possessing a rifle with a barrel or | ||||||
14 | barrels less than 16 inches in length if: (A) the person | ||||||
15 | has been issued a Curios and Relics license from the U.S. | ||||||
16 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
17 | (B) the person is an active member of a bona fide, | ||||||
18 | nationally recognized military re-enacting group and the | ||||||
19 | modification is required and necessary to accurately | ||||||
20 | portray the weapon for historical re-enactment purposes; | ||||||
21 | the re-enactor is in possession of a valid and current | ||||||
22 | re-enacting group membership credential; and the overall | ||||||
23 | length of the weapon as modified is not less than 26 | ||||||
24 | inches. | ||||||
25 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
26 | possession
or carrying of a black-jack or slung-shot by a |
| |||||||
| |||||||
1 | peace officer.
| ||||||
2 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
3 | manager or
authorized employee of any place specified in that | ||||||
4 | subsection nor to any
law enforcement officer.
| ||||||
5 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
6 | Section 24-1.6
do not apply
to members of any club or | ||||||
7 | organization organized for the purpose of practicing
shooting | ||||||
8 | at targets upon established target ranges, whether public or | ||||||
9 | private,
while using their firearms on those target ranges.
| ||||||
10 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
11 | to:
| ||||||
12 | (1) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United
States or the Illinois National Guard, while in | ||||||
14 | the performance of their
official duty.
| ||||||
15 | (2) Bonafide collectors of antique or surplus military | ||||||
16 | ordnance.
| ||||||
17 | (3) Laboratories having a department of forensic | ||||||
18 | ballistics, or
specializing in the development of | ||||||
19 | ammunition or explosive ordnance.
| ||||||
20 | (4) Commerce, preparation, assembly or possession of | ||||||
21 | explosive
bullets by manufacturers of ammunition licensed | ||||||
22 | by the federal government,
in connection with the supply | ||||||
23 | of those organizations and persons exempted
by subdivision | ||||||
24 | (g)(1) of this Section, or like organizations and persons
| ||||||
25 | outside this State, or the transportation of explosive | ||||||
26 | bullets to any
organization or person exempted in this |
| |||||||
| |||||||
1 | Section by a common carrier or by a
vehicle owned or leased | ||||||
2 | by an exempted manufacturer.
| ||||||
3 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
4 | persons licensed
under federal law to manufacture any device | ||||||
5 | or attachment of any kind designed,
used, or intended for use | ||||||
6 | in silencing the report of any firearm, firearms, or
| ||||||
7 | ammunition
for those firearms equipped with those devices, and | ||||||
8 | actually engaged in the
business of manufacturing those | ||||||
9 | devices, firearms, or ammunition, but only with
respect to
| ||||||
10 | activities that are within the lawful scope of that business, | ||||||
11 | such as the
manufacture, transportation, or testing of those | ||||||
12 | devices, firearms, or
ammunition. This
exemption does not | ||||||
13 | authorize the general private possession of any device or
| ||||||
14 | attachment of any kind designed, used, or intended for use in | ||||||
15 | silencing the
report of any firearm, but only such possession | ||||||
16 | and activities as are within
the
lawful scope of a licensed | ||||||
17 | manufacturing business described in this subsection
(g-5). | ||||||
18 | During transportation, these devices shall be detached from | ||||||
19 | any weapon
or
not immediately accessible.
| ||||||
20 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
21 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
22 | supervisor who meets the qualifications and conditions | ||||||
23 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
24 | Corrections. | ||||||
25 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
26 | officer while serving as a member of a tactical response team |
| |||||||
| |||||||
1 | or special operations team. A peace officer may not personally | ||||||
2 | own or apply for ownership of a device or attachment of any | ||||||
3 | kind designed, used, or intended for use in silencing the | ||||||
4 | report of any firearm. These devices shall be owned and | ||||||
5 | maintained by lawfully recognized units of government whose | ||||||
6 | duties include the investigation of criminal acts. | ||||||
7 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
8 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
9 | athlete's possession, transport on official Olympic and | ||||||
10 | Paralympic transit systems established for athletes, or use of | ||||||
11 | competition firearms sanctioned by the International Olympic | ||||||
12 | Committee, the International Paralympic Committee, the | ||||||
13 | International Shooting Sport Federation, or USA Shooting in | ||||||
14 | connection with such athlete's training for and participation | ||||||
15 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
16 | Games and sanctioned test events leading up to the 2016 | ||||||
17 | Olympic and Paralympic Games. | ||||||
18 | (h) An information or indictment based upon a violation of | ||||||
19 | any
subsection of this Article need not negative any | ||||||
20 | exemptions contained in
this Article. The defendant shall have | ||||||
21 | the burden of proving such an
exemption.
| ||||||
22 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
23 | affect
the transportation, carrying, or possession, of any | ||||||
24 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
25 | consigned to a common carrier operating
under license of the | ||||||
26 | State of Illinois or the federal government, where
such |
| |||||||
| |||||||
1 | transportation, carrying, or possession is incident to the | ||||||
2 | lawful
transportation in which such common carrier is engaged; | ||||||
3 | and nothing in this
Article shall prohibit, apply to, or | ||||||
4 | affect the transportation, carrying,
or possession of any | ||||||
5 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
6 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
7 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
8 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
9 | other container, by the possessor of a valid
Firearm Owners | ||||||
10 | Identification Card.
| ||||||
11 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.) | ||||||
12 | (Text of Section after amendment by P.A. 102-152 )
| ||||||
13 | Sec. 24-2. Exemptions.
| ||||||
14 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
15 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
16 | the following:
| ||||||
17 | (1) Peace officers, and any person summoned by a peace | ||||||
18 | officer to
assist in making arrests or preserving the | ||||||
19 | peace, while actually engaged in
assisting such officer.
| ||||||
20 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
21 | penitentiaries, jails and other institutions for the | ||||||
22 | detention of persons
accused or convicted of an offense, | ||||||
23 | while in the performance of their
official duty, or while | ||||||
24 | commuting between their homes and places of employment.
| ||||||
25 | (3) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States
or the Illinois National Guard or the | ||||||
2 | Reserve Officers Training Corps,
while in the performance | ||||||
3 | of their official duty.
| ||||||
4 | (4) Special agents employed by a railroad or a public | ||||||
5 | utility to
perform police functions, and guards of armored | ||||||
6 | car companies, while
actually engaged in the performance | ||||||
7 | of the duties of their employment or
commuting between | ||||||
8 | their homes and places of employment; and watchmen
while | ||||||
9 | actually engaged in the performance of the duties of their | ||||||
10 | employment.
| ||||||
11 | (5) Persons licensed as private security contractors, | ||||||
12 | private
detectives, or private alarm contractors, or | ||||||
13 | employed by a private security contractor, private | ||||||
14 | detective, or private alarm contractor agency licensed
by | ||||||
15 | the Department of Financial and Professional Regulation, | ||||||
16 | if their duties
include the carrying of a weapon under the | ||||||
17 | provisions of the Private
Detective, Private Alarm,
| ||||||
18 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
19 | 2004,
while actually
engaged in the performance of the | ||||||
20 | duties of their employment or commuting
between their | ||||||
21 | homes and places of employment. A person shall be | ||||||
22 | considered eligible for this
exemption if he or she has | ||||||
23 | completed the required 20
hours of training for a private | ||||||
24 | security contractor, private
detective, or private alarm | ||||||
25 | contractor, or employee of a licensed private security | ||||||
26 | contractor, private detective, or private alarm contractor |
| |||||||
| |||||||
1 | agency and 28 hours of required firearm
training, and has | ||||||
2 | been issued a firearm control card by
the Department of | ||||||
3 | Financial and Professional Regulation. Conditions for the | ||||||
4 | renewal of
firearm control cards issued under the | ||||||
5 | provisions of this Section
shall be the same as for those | ||||||
6 | cards issued under the provisions of the
Private | ||||||
7 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
9 | card shall be carried by the private security contractor, | ||||||
10 | private
detective, or private alarm contractor, or | ||||||
11 | employee of the licensed private security contractor, | ||||||
12 | private detective, or private alarm contractor agency at | ||||||
13 | all
times when he or she is in possession of a concealable | ||||||
14 | weapon permitted by his or her firearm control card.
| ||||||
15 | (6) Any person regularly employed in a commercial or | ||||||
16 | industrial
operation as a security guard for the | ||||||
17 | protection of persons employed
and private property | ||||||
18 | related to such commercial or industrial
operation, while | ||||||
19 | actually engaged in the performance of his or her
duty or | ||||||
20 | traveling between sites or properties belonging to the
| ||||||
21 | employer, and who, as a security guard, is a member of a | ||||||
22 | security force registered with the Department of Financial | ||||||
23 | and Professional
Regulation; provided that such security | ||||||
24 | guard has successfully completed a
course of study, | ||||||
25 | approved by and supervised by the Department of
Financial | ||||||
26 | and Professional Regulation, consisting of not less than |
| |||||||
| |||||||
1 | 48 hours of training
that includes the theory of law | ||||||
2 | enforcement, liability for acts, and the
handling of | ||||||
3 | weapons. A person shall be considered eligible for this
| ||||||
4 | exemption if he or she has completed the required 20
hours | ||||||
5 | of training for a security officer and 28 hours of | ||||||
6 | required firearm
training, and has been issued a firearm | ||||||
7 | control card by
the Department of Financial and | ||||||
8 | Professional Regulation. Conditions for the renewal of
| ||||||
9 | firearm control cards issued under the provisions of this | ||||||
10 | Section
shall be the same as for those cards issued under | ||||||
11 | the provisions of the
Private Detective, Private Alarm,
| ||||||
12 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
13 | 2004. The
firearm control card shall be carried by the | ||||||
14 | security guard at all
times when he or she is in possession | ||||||
15 | of a concealable weapon permitted by his or her firearm | ||||||
16 | control card.
| ||||||
17 | (7) Agents and investigators of the Illinois | ||||||
18 | Legislative Investigating
Commission authorized by the | ||||||
19 | Commission to carry the weapons specified in
subsections | ||||||
20 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
21 | any investigation for the Commission.
| ||||||
22 | (8) Persons employed by a financial institution as a | ||||||
23 | security guard for the protection of
other employees and | ||||||
24 | property related to such financial institution, while
| ||||||
25 | actually engaged in the performance of their duties, | ||||||
26 | commuting between
their homes and places of employment, or |
| |||||||
| |||||||
1 | traveling between sites or
properties owned or operated by | ||||||
2 | such financial institution, and who, as a security guard, | ||||||
3 | is a member of a security force registered with the | ||||||
4 | Department; provided that
any person so employed has | ||||||
5 | successfully completed a course of study,
approved by and | ||||||
6 | supervised by the Department of Financial and Professional | ||||||
7 | Regulation,
consisting of not less than 48 hours of | ||||||
8 | training which includes theory of
law enforcement, | ||||||
9 | liability for acts, and the handling of weapons.
A person | ||||||
10 | shall be considered to be eligible for this exemption if | ||||||
11 | he or
she has completed the required 20 hours of training | ||||||
12 | for a security officer
and 28 hours of required firearm | ||||||
13 | training, and has been issued a
firearm control card by | ||||||
14 | the Department of Financial and Professional Regulation.
| ||||||
15 | Conditions for renewal of firearm control cards issued | ||||||
16 | under the
provisions of this Section shall be the same as | ||||||
17 | for those issued under the
provisions of the Private | ||||||
18 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
19 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
20 | card shall be carried by the security guard at all times | ||||||
21 | when he or she is in possession of a concealable
weapon | ||||||
22 | permitted by his or her firearm control card. For purposes | ||||||
23 | of this subsection, "financial institution" means a
bank, | ||||||
24 | savings and loan association, credit union or company | ||||||
25 | providing
armored car services.
| ||||||
26 | (9) Any person employed by an armored car company to |
| |||||||
| |||||||
1 | drive an armored
car, while actually engaged in the | ||||||
2 | performance of his duties.
| ||||||
3 | (10) Persons who have been classified as peace | ||||||
4 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
5 | Act.
| ||||||
6 | (11) Investigators of the Office of the State's | ||||||
7 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
8 | governors of the Office of the
State's Attorneys Appellate | ||||||
9 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
10 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
11 | (12) Special investigators appointed by a State's | ||||||
12 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
13 | (12.5) Probation officers while in the performance of | ||||||
14 | their duties, or
while commuting between their homes, | ||||||
15 | places of employment or specific locations
that are part | ||||||
16 | of their assigned duties, with the consent of the chief | ||||||
17 | judge of
the circuit for which they are employed, if they | ||||||
18 | have received weapons training according
to requirements | ||||||
19 | of the Peace Officer and Probation Officer Firearm | ||||||
20 | Training Act.
| ||||||
21 | (13) Court Security Officers while in the performance | ||||||
22 | of their official
duties, or while commuting between their | ||||||
23 | homes and places of employment, with
the
consent of the | ||||||
24 | Sheriff.
| ||||||
25 | (13.5) A person employed as an armed security guard at | ||||||
26 | a nuclear energy,
storage, weapons or development site or |
| |||||||
| |||||||
1 | facility regulated by the Nuclear
Regulatory Commission | ||||||
2 | who has completed the background screening and training
| ||||||
3 | mandated by the rules and regulations of the Nuclear | ||||||
4 | Regulatory Commission.
| ||||||
5 | (14) Manufacture, transportation, or sale of weapons | ||||||
6 | to
persons
authorized under subdivisions (1) through | ||||||
7 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
8 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
9 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
10 | or handgun and the person has been issued a currently valid | ||||||
11 | license under the Firearm Concealed Carry Act at the time of | ||||||
12 | the commission of the offense. | ||||||
13 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
14 | to
or affect a qualified current or retired law enforcement | ||||||
15 | officer qualified under the laws of this State or under the | ||||||
16 | federal Law Enforcement Officers Safety Act. | ||||||
17 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
18 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
19 | (1) Members of any club or organization organized for | ||||||
20 | the purpose of
practicing shooting at targets upon | ||||||
21 | established target ranges, whether
public or private, and | ||||||
22 | patrons of such ranges, while such members
or patrons are | ||||||
23 | using their firearms on those target ranges.
| ||||||
24 | (2) Duly authorized military or civil organizations | ||||||
25 | while parading,
with the special permission of the | ||||||
26 | Governor.
|
| |||||||
| |||||||
1 | (3) Hunters, trappers or fishermen with a license or
| ||||||
2 | permit while engaged in hunting,
trapping or fishing.
| ||||||
3 | (4) Transportation of weapons that are broken down in | ||||||
4 | a
non-functioning state or are not immediately accessible.
| ||||||
5 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
6 | gun or taser or other firearm on the land or in the legal | ||||||
7 | dwelling of another person as an invitee with that | ||||||
8 | person's permission. | ||||||
9 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
10 | of the
following:
| ||||||
11 | (1) Peace officers while in performance of their | ||||||
12 | official duties.
| ||||||
13 | (2) Wardens, superintendents and keepers of prisons, | ||||||
14 | penitentiaries,
jails and other institutions for the | ||||||
15 | detention of persons accused or
convicted of an offense.
| ||||||
16 | (3) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States
or the Illinois National Guard, while in | ||||||
18 | the performance of their official
duty.
| ||||||
19 | (4) Manufacture, transportation, or sale of machine | ||||||
20 | guns to persons
authorized under subdivisions (1) through | ||||||
21 | (3) of this subsection to
possess machine guns, if the | ||||||
22 | machine guns are broken down in a
non-functioning state or | ||||||
23 | are not immediately accessible.
| ||||||
24 | (5) Persons licensed under federal law to manufacture | ||||||
25 | any weapon from
which 8 or more shots or bullets can be | ||||||
26 | discharged by a
single function of the firing device, or |
| |||||||
| |||||||
1 | ammunition for such weapons, and
actually engaged in the | ||||||
2 | business of manufacturing such weapons or
ammunition, but | ||||||
3 | only with respect to activities which are within the | ||||||
4 | lawful
scope of such business, such as the manufacture, | ||||||
5 | transportation, or testing
of such weapons or ammunition. | ||||||
6 | This exemption does not authorize the
general private | ||||||
7 | possession of any weapon from which 8 or more
shots or | ||||||
8 | bullets can be discharged by a single function of the | ||||||
9 | firing
device, but only such possession and activities as | ||||||
10 | are within the lawful
scope of a licensed manufacturing | ||||||
11 | business described in this paragraph.
| ||||||
12 | During transportation, such weapons shall be broken | ||||||
13 | down in a
non-functioning state or not immediately | ||||||
14 | accessible.
| ||||||
15 | (6) The manufacture, transport, testing, delivery, | ||||||
16 | transfer or sale,
and all lawful commercial or | ||||||
17 | experimental activities necessary thereto, of
rifles, | ||||||
18 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
19 | ammunition for such rifles, shotguns or weapons, where | ||||||
20 | engaged in
by a person operating as a contractor or | ||||||
21 | subcontractor pursuant to a
contract or subcontract for | ||||||
22 | the development and supply of such rifles,
shotguns, | ||||||
23 | weapons or ammunition to the United States government or | ||||||
24 | any
branch of the Armed Forces of the United States, when | ||||||
25 | such activities are
necessary and incident to fulfilling | ||||||
26 | the terms of such contract.
|
| |||||||
| |||||||
1 | The exemption granted under this subdivision (c)(6)
| ||||||
2 | shall also apply to any authorized agent of any such | ||||||
3 | contractor or
subcontractor who is operating within the | ||||||
4 | scope of his employment, where
such activities involving | ||||||
5 | such weapon, weapons or ammunition are necessary
and | ||||||
6 | incident to fulfilling the terms of such contract.
| ||||||
7 | (7) A person possessing a rifle with a barrel or | ||||||
8 | barrels less than 16 inches in length if: (A) the person | ||||||
9 | has been issued a Curios and Relics license from the U.S. | ||||||
10 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
11 | (B) the person is an active member of a bona fide, | ||||||
12 | nationally recognized military re-enacting group and the | ||||||
13 | modification is required and necessary to accurately | ||||||
14 | portray the weapon for historical re-enactment purposes; | ||||||
15 | the re-enactor is in possession of a valid and current | ||||||
16 | re-enacting group membership credential; and the overall | ||||||
17 | length of the weapon as modified is not less than 26 | ||||||
18 | inches. | ||||||
19 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
20 | possession
or carrying of a black-jack or slung-shot by a | ||||||
21 | peace officer.
| ||||||
22 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
23 | manager or
authorized employee of any place specified in that | ||||||
24 | subsection nor to any
law enforcement officer.
| ||||||
25 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
26 | Section 24-1.6
do not apply
to members of any club or |
| |||||||
| |||||||
1 | organization organized for the purpose of practicing
shooting | ||||||
2 | at targets upon established target ranges, whether public or | ||||||
3 | private,
while using their firearms on those target ranges.
| ||||||
4 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
5 | to:
| ||||||
6 | (1) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United
States or the Illinois National Guard, while in | ||||||
8 | the performance of their
official duty.
| ||||||
9 | (2) Bonafide collectors of antique or surplus military | ||||||
10 | ordnance.
| ||||||
11 | (3) Laboratories having a department of forensic | ||||||
12 | ballistics, or
specializing in the development of | ||||||
13 | ammunition or explosive ordnance.
| ||||||
14 | (4) Commerce, preparation, assembly or possession of | ||||||
15 | explosive
bullets by manufacturers of ammunition licensed | ||||||
16 | by the federal government,
in connection with the supply | ||||||
17 | of those organizations and persons exempted
by subdivision | ||||||
18 | (g)(1) of this Section, or like organizations and persons
| ||||||
19 | outside this State, or the transportation of explosive | ||||||
20 | bullets to any
organization or person exempted in this | ||||||
21 | Section by a common carrier or by a
vehicle owned or leased | ||||||
22 | by an exempted manufacturer.
| ||||||
23 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
24 | persons licensed
under federal law to manufacture any device | ||||||
25 | or attachment of any kind designed,
used, or intended for use | ||||||
26 | in silencing the report of any firearm, firearms, or
|
| |||||||
| |||||||
1 | ammunition
for those firearms equipped with those devices, and | ||||||
2 | actually engaged in the
business of manufacturing those | ||||||
3 | devices, firearms, or ammunition, but only with
respect to
| ||||||
4 | activities that are within the lawful scope of that business, | ||||||
5 | such as the
manufacture, transportation, or testing of those | ||||||
6 | devices, firearms, or
ammunition. This
exemption does not | ||||||
7 | authorize the general private possession of any device or
| ||||||
8 | attachment of any kind designed, used, or intended for use in | ||||||
9 | silencing the
report of any firearm, but only such possession | ||||||
10 | and activities as are within
the
lawful scope of a licensed | ||||||
11 | manufacturing business described in this subsection
(g-5). | ||||||
12 | During transportation, these devices shall be detached from | ||||||
13 | any weapon
or
not immediately accessible.
| ||||||
14 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
15 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
16 | supervisor who meets the qualifications and conditions | ||||||
17 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
18 | Corrections. | ||||||
19 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
20 | officer while serving as a member of a tactical response team | ||||||
21 | or special operations team. A peace officer may not personally | ||||||
22 | own or apply for ownership of a device or attachment of any | ||||||
23 | kind designed, used, or intended for use in silencing the | ||||||
24 | report of any firearm. These devices shall be owned and | ||||||
25 | maintained by lawfully recognized units of government whose | ||||||
26 | duties include the investigation of criminal acts. |
| |||||||
| |||||||
1 | (g-10) (Blank). | ||||||
2 | (h) An information or indictment based upon a violation of | ||||||
3 | any
subsection of this Article need not negative any | ||||||
4 | exemptions contained in
this Article. The defendant shall have | ||||||
5 | the burden of proving such an
exemption.
| ||||||
6 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
7 | affect
the transportation, carrying, or possession, of any | ||||||
8 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
9 | consigned to a common carrier operating
under license of the | ||||||
10 | State of Illinois or the federal government, where
such | ||||||
11 | transportation, carrying, or possession is incident to the | ||||||
12 | lawful
transportation in which such common carrier is engaged; | ||||||
13 | and nothing in this
Article shall prohibit, apply to, or | ||||||
14 | affect the transportation, carrying,
or possession of any | ||||||
15 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
16 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
17 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
18 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
19 | other container, by a person eligible under State and federal | ||||||
20 | law to possess a firearm the possessor of a valid
Firearm | ||||||
21 | Owners Identification Card .
| ||||||
22 | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
| ||||||
23 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
24 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
25 | (A) A person commits the offense of unlawful sale or |
| |||||||
| |||||||
1 | delivery of firearms when he
or she knowingly does any of the | ||||||
2 | following:
| ||||||
3 | (a) Sells or gives any firearm of a size which may be | ||||||
4 | concealed upon the
person to any person under 18 years of | ||||||
5 | age.
| ||||||
6 | (b) Sells or gives any firearm to a person under 21 | ||||||
7 | years of age who has
been convicted of a misdemeanor other | ||||||
8 | than a traffic offense or adjudged
delinquent.
| ||||||
9 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
10 | (d) Sells or gives any firearm to any person who has | ||||||
11 | been convicted of a
felony under the laws of this or any | ||||||
12 | other jurisdiction.
| ||||||
13 | (e) Sells or gives any firearm to any person who has | ||||||
14 | been a patient in a
mental institution within the past 5 | ||||||
15 | years. In this subsection (e): | ||||||
16 | "Mental institution" means any hospital, | ||||||
17 | institution, clinic, evaluation facility, mental | ||||||
18 | health center, or part thereof, which is used | ||||||
19 | primarily for the care or treatment of persons with | ||||||
20 | mental illness. | ||||||
21 | "Patient in a mental institution" means the person | ||||||
22 | was admitted, either voluntarily or involuntarily, to | ||||||
23 | a mental institution for mental health treatment, | ||||||
24 | unless the treatment was voluntary and solely for an | ||||||
25 | alcohol abuse disorder and no other secondary | ||||||
26 | substance abuse disorder or mental illness.
|
| |||||||
| |||||||
1 | (f) Sells or gives any firearms to any person who is a | ||||||
2 | person with an intellectual disability.
| ||||||
3 | (g) Delivers any firearm, incidental to a sale, | ||||||
4 | without withholding delivery of the firearm
for at least | ||||||
5 | 72 hours after application for its purchase has been made, | ||||||
6 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
7 | without withholding delivery of the stun gun or taser for
| ||||||
8 | at least 24 hours after application for its purchase has | ||||||
9 | been made.
However,
this paragraph (g) does not apply to: | ||||||
10 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
11 | the seller of the firearm knows that the person to whom he | ||||||
12 | or she is selling the firearm is a law enforcement officer | ||||||
13 | or the sale of a firearm to a person who desires to | ||||||
14 | purchase a firearm for
use in promoting the public | ||||||
15 | interest incident to his or her employment as a
bank | ||||||
16 | guard, armed truck guard, or other similar employment; (2) | ||||||
17 | a mail
order sale of a firearm from a federally licensed | ||||||
18 | firearms dealer to a nonresident of Illinois under which | ||||||
19 | the firearm
is mailed to a federally licensed firearms | ||||||
20 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
21 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
22 | firearms dealer under Section 923
of the federal Gun | ||||||
23 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
24 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
25 | registered competitor or attendee or non-resident | ||||||
26 | registered competitor or attendee by any dealer licensed |
| |||||||
| |||||||
1 | as a federal firearms dealer under Section 923 of the | ||||||
2 | federal Gun Control Act of 1968 at competitive shooting | ||||||
3 | events held at the World Shooting Complex sanctioned by a | ||||||
4 | national governing body. For purposes of transfers or | ||||||
5 | sales under subparagraph (5) of this paragraph (g), the | ||||||
6 | Department of Natural Resources shall give notice to the | ||||||
7 | Illinois State Police at least 30 calendar days prior to | ||||||
8 | any competitive shooting events at the World Shooting | ||||||
9 | Complex sanctioned by a national governing body. The | ||||||
10 | notification shall be made on a form prescribed by the | ||||||
11 | Illinois State Police. The sanctioning body shall provide | ||||||
12 | a list of all registered competitors and attendees at | ||||||
13 | least 24 hours before the events to the Illinois State | ||||||
14 | Police. Any changes to the list of registered competitors | ||||||
15 | and attendees shall be forwarded to the Illinois State | ||||||
16 | Police as soon as practicable. The Illinois State Police | ||||||
17 | must destroy the list of registered competitors and | ||||||
18 | attendees no later than 30 days after the date of the | ||||||
19 | event. Nothing in this paragraph (g) relieves a federally | ||||||
20 | licensed firearm dealer from the requirements of | ||||||
21 | conducting a NICS background check through the Illinois | ||||||
22 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
23 | this paragraph (g), "application" means when the buyer and | ||||||
24 | seller reach an agreement to purchase a firearm.
For | ||||||
25 | purposes of this paragraph (g), "national governing body" | ||||||
26 | means a group of persons who adopt rules and formulate |
| |||||||
| |||||||
1 | policy on behalf of a national firearm sporting | ||||||
2 | organization.
| ||||||
3 | (h) While holding any license
as a dealer,
importer, | ||||||
4 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
5 | Act of 1968,
manufactures, sells or delivers to any | ||||||
6 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
7 | or receiver which is a die casting of zinc alloy or
any | ||||||
8 | other nonhomogeneous metal which will melt or deform at a | ||||||
9 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
10 | purposes of this paragraph, (1)
"firearm" has the meaning | ||||||
11 | provided in Section 2-7.5 of the Criminal Code of 2012 is | ||||||
12 | defined as in the Firearm Owners Identification Card Act ; | ||||||
13 | and (2)
"handgun" is defined as a firearm designed to be | ||||||
14 | held
and fired by the use of a single hand, and includes a | ||||||
15 | combination of parts from
which such a firearm can be | ||||||
16 | assembled.
| ||||||
17 | (i) Sells or gives a firearm of any size to any person | ||||||
18 | under 18 years of
age who is not eligible under State or | ||||||
19 | federal law to possess a firearm does not possess a valid | ||||||
20 | Firearm Owner's Identification Card .
| ||||||
21 | (j) Sells or gives a firearm while engaged in the | ||||||
22 | business of selling
firearms at wholesale or retail | ||||||
23 | without being licensed as a federal firearms
dealer under | ||||||
24 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
25 | U.S.C.
923). In this paragraph (j):
| ||||||
26 | A person "engaged in the business" means a person who |
| |||||||
| |||||||
1 | devotes time,
attention, and
labor to
engaging in the | ||||||
2 | activity as a regular course of trade or business with the
| ||||||
3 | principal objective of livelihood and profit, but does not | ||||||
4 | include a person who
makes occasional repairs of firearms | ||||||
5 | or who occasionally fits special barrels,
stocks, or | ||||||
6 | trigger mechanisms to firearms.
| ||||||
7 | "With the principal objective of livelihood and | ||||||
8 | profit" means that the
intent
underlying the sale or | ||||||
9 | disposition of firearms is predominantly one of
obtaining | ||||||
10 | livelihood and pecuniary gain, as opposed to other | ||||||
11 | intents, such as
improving or liquidating a personal | ||||||
12 | firearms collection; however, proof of
profit shall not be | ||||||
13 | required as to a person who engages in the regular and
| ||||||
14 | repetitive purchase and disposition of firearms for | ||||||
15 | criminal purposes or
terrorism.
| ||||||
16 | (k) (Blank). Sells or transfers ownership of a firearm | ||||||
17 | to a person who does not display to the seller or | ||||||
18 | transferor of the firearm either: (1) a currently valid | ||||||
19 | Firearm Owner's Identification Card that has previously | ||||||
20 | been issued in the transferee's name by the Illinois State | ||||||
21 | Police under the provisions of the Firearm Owners | ||||||
22 | Identification Card Act; or (2) a currently valid license | ||||||
23 | to carry a concealed firearm that has previously been | ||||||
24 | issued in the transferee's name by the
Illinois State | ||||||
25 | Police under the Firearm Concealed Carry Act. This | ||||||
26 | paragraph (k) does not apply to the transfer of a firearm |
| |||||||
| |||||||
1 | to a person who is exempt from the requirement of | ||||||
2 | possessing a Firearm Owner's Identification Card under | ||||||
3 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
4 | For the purposes of this Section, a currently valid | ||||||
5 | Firearm Owner's Identification Card or license to carry a | ||||||
6 | concealed firearm means receipt of an approval number | ||||||
7 | issued in accordance with subsection (a-10) of subsection | ||||||
8 | 3 or Section 3.1 of the Firearm Owners Identification Card | ||||||
9 | Act. | ||||||
10 | (1) (Blank). In addition to the other requirements | ||||||
11 | of this paragraph (k), all persons who are not | ||||||
12 | federally licensed firearms dealers must also have | ||||||
13 | complied with subsection (a-10) of Section 3 of the | ||||||
14 | Firearm Owners Identification Card Act by determining | ||||||
15 | the validity of a purchaser's Firearm Owner's | ||||||
16 | Identification Card. | ||||||
17 | (2) (Blank). All sellers or transferors who have | ||||||
18 | complied with the requirements of subparagraph (1) of | ||||||
19 | this paragraph (k) shall not be liable for damages in | ||||||
20 | any civil action arising from the use or misuse by the | ||||||
21 | transferee of the firearm transferred, except for | ||||||
22 | willful or wanton misconduct on the part of the seller | ||||||
23 | or transferor. | ||||||
24 | (l) Not
being entitled to the possession of a firearm, | ||||||
25 | delivers the
firearm, knowing it to have been stolen or | ||||||
26 | converted. It may be inferred that
a person who possesses |
| |||||||
| |||||||
1 | a firearm with knowledge that its serial number has
been | ||||||
2 | removed or altered has knowledge that the firearm is | ||||||
3 | stolen or converted. | ||||||
4 | (B) Paragraph (h) of subsection (A) does not include | ||||||
5 | firearms sold within 6
months after enactment of Public
Act | ||||||
6 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
7 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
8 | purchased by any citizen within 6 months after the
enactment | ||||||
9 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
10 | the provisions of that Public Act. Nothing in
Public Act | ||||||
11 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
12 | firearm if that firearm was legally held or acquired within 6 | ||||||
13 | months after
the enactment of that Public Act.
| ||||||
14 | (C) Sentence.
| ||||||
15 | (1) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
17 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
18 | (2) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (b) or (i) of | ||||||
20 | subsection (A) commits a Class 3 felony.
| ||||||
21 | (3) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (a) of subsection | ||||||
23 | (A) commits a Class 2 felony.
| ||||||
24 | (4) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
26 | subsection (A) in any school, on the real
property |
| |||||||
| |||||||
1 | comprising a school, within 1,000 feet of the real | ||||||
2 | property comprising
a school, at a school related | ||||||
3 | activity, or on or within 1,000 feet of any
conveyance | ||||||
4 | owned, leased, or contracted by a school or school | ||||||
5 | district to
transport students to or from school or a | ||||||
6 | school related activity,
regardless of the time of day or | ||||||
7 | time of year at which the offense
was committed, commits a | ||||||
8 | Class 1 felony. Any person convicted of a second
or | ||||||
9 | subsequent violation of unlawful sale or delivery of | ||||||
10 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
11 | subsection (A) in any school, on the real property
| ||||||
12 | comprising a school, within 1,000 feet of the real | ||||||
13 | property comprising a
school, at a school related | ||||||
14 | activity, or on or within 1,000 feet of any
conveyance | ||||||
15 | owned, leased, or contracted by a school or school | ||||||
16 | district to
transport students to or from school or a | ||||||
17 | school related activity,
regardless of the time of day or | ||||||
18 | time of year at which the offense
was committed, commits a | ||||||
19 | Class 1 felony for which the sentence shall be a
term of | ||||||
20 | imprisonment of no less than 5 years and no more than 15 | ||||||
21 | years.
| ||||||
22 | (5) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (a) or (i) of | ||||||
24 | subsection (A) in residential property owned,
operated, or | ||||||
25 | managed by a public housing agency or leased by a public | ||||||
26 | housing
agency as part of a scattered site or mixed-income |
| |||||||
| |||||||
1 | development, in a public
park, in a
courthouse, on | ||||||
2 | residential property owned, operated, or managed by a | ||||||
3 | public
housing agency or leased by a public housing agency | ||||||
4 | as part of a scattered site
or mixed-income development, | ||||||
5 | on the real property comprising any public park,
on the | ||||||
6 | real
property comprising any courthouse, or on any public | ||||||
7 | way within 1,000 feet
of the real property comprising any | ||||||
8 | public park, courthouse, or residential
property owned, | ||||||
9 | operated, or managed by a public housing agency or leased | ||||||
10 | by a
public housing agency as part of a scattered site or | ||||||
11 | mixed-income development
commits a
Class 2 felony.
| ||||||
12 | (6) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (j) of subsection | ||||||
14 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
15 | violation is a Class 4 felony. | ||||||
16 | (7) (Blank). Any person convicted of unlawful sale or | ||||||
17 | delivery of firearms in violation of paragraph (k) of | ||||||
18 | subsection (A) commits a Class 4 felony, except that a | ||||||
19 | violation of subparagraph (1) of paragraph (k) of | ||||||
20 | subsection (A) shall not be punishable as a crime or petty | ||||||
21 | offense. A third or subsequent conviction for a violation | ||||||
22 | of paragraph (k) of subsection (A) is a Class 1 felony.
| ||||||
23 | (8) A person 18 years of age or older convicted of | ||||||
24 | unlawful sale or delivery of firearms in violation of | ||||||
25 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
26 | that was sold or given to another person under 18 years of |
| |||||||
| |||||||
1 | age was used in the commission of or attempt to commit a | ||||||
2 | forcible felony, shall be fined or imprisoned, or both, | ||||||
3 | not to exceed the maximum provided for the most serious | ||||||
4 | forcible felony so committed or attempted by the person | ||||||
5 | under 18 years of age who was sold or given the firearm. | ||||||
6 | (9) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (d) of subsection | ||||||
8 | (A) commits a Class 3 felony. | ||||||
9 | (10) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of paragraph (l) of subsection | ||||||
11 | (A) commits a Class 2 felony if the delivery is of one | ||||||
12 | firearm. Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of paragraph (l) of subsection | ||||||
14 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
15 | than 2 and not more than 5 firearms at the
same time or | ||||||
16 | within a one-year one year period. Any person convicted of | ||||||
17 | unlawful sale or delivery of firearms in violation of | ||||||
18 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
19 | for which he or she shall be sentenced
to a term of | ||||||
20 | imprisonment of not less than 6 years and not more than 30
| ||||||
21 | years if the delivery is of not less than 6 and not more | ||||||
22 | than 10 firearms at the
same time or within a 2-year 2 year | ||||||
23 | period. Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of paragraph (l) of subsection | ||||||
25 | (A) commits a Class X felony for which he or she shall be | ||||||
26 | sentenced
to a term of imprisonment of not less than 6 |
| |||||||
| |||||||
1 | years and not more than 40
years if the delivery is of not | ||||||
2 | less than 11 and not more than 20 firearms at the
same time | ||||||
3 | or within a 3-year 3 year period. Any person convicted of | ||||||
4 | unlawful sale or delivery of firearms in violation of | ||||||
5 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
6 | for which he or she shall be sentenced
to a term of | ||||||
7 | imprisonment of not less than 6 years and not more than 50
| ||||||
8 | years if the delivery is of not less than 21 and not more | ||||||
9 | than 30 firearms at the
same time or within a 4-year 4 year | ||||||
10 | period. Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of paragraph (l) of subsection | ||||||
12 | (A) commits a Class X felony for which he or she shall be | ||||||
13 | sentenced
to a term of imprisonment of not less than 6 | ||||||
14 | years and not more than 60
years if the delivery is of 31 | ||||||
15 | or more firearms at the
same time or within a 5-year 5 year | ||||||
16 | period. | ||||||
17 | (D) For purposes of this Section:
| ||||||
18 | "School" means a public or private elementary or secondary | ||||||
19 | school,
community college, college, or university.
| ||||||
20 | "School related activity" means any sporting, social, | ||||||
21 | academic, or
other activity for which students' attendance or | ||||||
22 | participation is sponsored,
organized, or funded in whole or | ||||||
23 | in part by a school or school district.
| ||||||
24 | (E) (Blank). A prosecution for a violation of paragraph | ||||||
25 | (k) of subsection (A) of this Section may be commenced within 6 | ||||||
26 | years after the commission of the offense. A prosecution for a |
| |||||||
| |||||||
1 | violation of this Section other than paragraph (g) of | ||||||
2 | subsection (A) of this Section may be commenced within 5 years | ||||||
3 | after the commission of the offense defined in the particular | ||||||
4 | paragraph.
| ||||||
5 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-12-21.)
| ||||||
7 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
8 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
9 | ammunition.
| ||||||
10 | (a) A person commits the offense of unlawful possession of | ||||||
11 | firearms
or firearm ammunition when:
| ||||||
12 | (1) He is under 18 years of age and has in his | ||||||
13 | possession
any firearm of
a size which may be concealed | ||||||
14 | upon the person; or
| ||||||
15 | (2) He is under 21 years of age, has been convicted of | ||||||
16 | a misdemeanor
other than a traffic offense or adjudged | ||||||
17 | delinquent and has
any firearms or
firearm ammunition in | ||||||
18 | his possession; or
| ||||||
19 | (3) He is a narcotic addict and has
any firearms or | ||||||
20 | firearm ammunition
in his possession; or
| ||||||
21 | (4) He has been a patient in a mental institution | ||||||
22 | within the past 5 years
and has
any firearms or firearm | ||||||
23 | ammunition in his possession. For purposes of this | ||||||
24 | paragraph (4): | ||||||
25 | "Mental institution" means any hospital, |
| |||||||
| |||||||
1 | institution, clinic, evaluation facility, mental | ||||||
2 | health center, or part thereof, which is used | ||||||
3 | primarily for the care or treatment of persons with | ||||||
4 | mental illness. | ||||||
5 | "Patient in a mental institution" means the person | ||||||
6 | was admitted, either voluntarily or involuntarily, to | ||||||
7 | a mental institution for mental health treatment, | ||||||
8 | unless the treatment was voluntary and solely for an | ||||||
9 | alcohol abuse disorder and no other secondary | ||||||
10 | substance abuse disorder or mental illness; or
| ||||||
11 | (5) He is a person with an intellectual disability and | ||||||
12 | has
any firearms or firearm ammunition
in his possession; | ||||||
13 | or
| ||||||
14 | (6) He has in his possession any explosive bullet.
| ||||||
15 | For purposes of this paragraph "explosive bullet" means | ||||||
16 | the projectile
portion of an ammunition cartridge which | ||||||
17 | contains or carries an explosive
charge which will explode | ||||||
18 | upon contact with the flesh of a human or an animal.
| ||||||
19 | "Cartridge" means a tubular metal case having a projectile | ||||||
20 | affixed at the
front thereof and a cap or primer at the rear | ||||||
21 | end thereof, with the propellant
contained in such tube | ||||||
22 | between the projectile and the cap.
| ||||||
23 | (a-5) A person prohibited from possessing a firearm under | ||||||
24 | this Section may petition the Director of the Illinois State | ||||||
25 | Police for a hearing and relief from the prohibition, unless | ||||||
26 | the prohibition was based upon a forcible felony, stalking, |
| |||||||
| |||||||
1 | aggravated stalking, domestic battery, any violation of the | ||||||
2 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
3 | Control and Community Protection Act, or the Cannabis Control | ||||||
4 | Act that is classified as a Class 2 or greater felony, any | ||||||
5 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, or any adjudication as a delinquent | ||||||
7 | minor for the commission of an offense that if committed by an | ||||||
8 | adult would be a felony, in which case the person may petition | ||||||
9 | the circuit court in writing in the county of his or her | ||||||
10 | residence for a hearing and relief from the prohibition. The | ||||||
11 | Director or court may grant the relief if it is established by | ||||||
12 | the petitioner to the court's or Director's satisfaction that: | ||||||
13 | (1) when in the circuit court, the State's Attorney | ||||||
14 | has been served with a written copy of the petition at | ||||||
15 | least 30 days before any hearing in the circuit court and | ||||||
16 | at the hearing the State's Attorney was afforded an | ||||||
17 | opportunity to present evidence and object to the | ||||||
18 | petition; | ||||||
19 | (2) the petitioner has not been convicted of a
| ||||||
20 | forcible felony under the laws of this State or any other | ||||||
21 | jurisdiction within 20 years of the filing of the | ||||||
22 | petition, or at least 20 years have passed since the end of | ||||||
23 | any period of imprisonment imposed in relation to that | ||||||
24 | conviction; | ||||||
25 | (3) the circumstances regarding a criminal
conviction, | ||||||
26 | where applicable, the petitioner's criminal history and |
| |||||||
| |||||||
1 | his reputation are such that the petitioner will not be | ||||||
2 | likely to act in a manner dangerous to public safety; | ||||||
3 | (4) granting relief would not be contrary to the
| ||||||
4 | public interest; and | ||||||
5 | (5) granting relief would not be contrary to federal
| ||||||
6 | law. | ||||||
7 | (b) Sentence.
| ||||||
8 | Unlawful possession of firearms, other than handguns, and | ||||||
9 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
10 | possession of handguns is a
Class 4 felony. The possession of | ||||||
11 | each firearm or firearm ammunition in violation of this | ||||||
12 | Section constitutes a single and separate violation.
| ||||||
13 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
14 | Section prohibits
a person under 18 years of age from | ||||||
15 | participating in any lawful recreational
activity with a | ||||||
16 | firearm such as, but not limited to, practice shooting at
| ||||||
17 | targets upon established public or private target ranges or | ||||||
18 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
19 | Code or the Fish and Aquatic Life
Code.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
| ||||||
22 | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
| ||||||
23 | (a) A person
commits the offense of unlawful discharge of | ||||||
24 | firearm projectiles when he
or she knowingly
or recklessly | ||||||
25 | uses an armor piercing bullet, dragon's
breath shotgun shell, |
| |||||||
| |||||||
1 | bolo shell, or flechette
shell
in violation of
this Section.
| ||||||
2 | For purposes of this Section:
| ||||||
3 | "Armor piercing bullet" means
any handgun bullet or | ||||||
4 | handgun ammunition with projectiles or projectile cores
| ||||||
5 | constructed entirely (excluding the presence of traces of | ||||||
6 | other substances)
from tungsten alloys, steel, iron, brass, | ||||||
7 | bronze, beryllium copper
or depleted uranium, or fully | ||||||
8 | jacketed bullets larger than 22 caliber whose
jacket
has a | ||||||
9 | weight of more than 25% of the total weight of the projectile, | ||||||
10 | and
excluding those handgun
projectiles whose cores are | ||||||
11 | composed of soft materials such as lead or lead
alloys, zinc or | ||||||
12 | zinc alloys, frangible projectiles designed primarily for
| ||||||
13 | sporting purposes, and any
other projectiles or projectile | ||||||
14 | cores that the U. S. Secretary of the Treasury
finds to be | ||||||
15 | primarily intended to be used for sporting purposes or | ||||||
16 | industrial
purposes or that otherwise does not constitute | ||||||
17 | "armor piercing ammunition" as
that term is defined by federal | ||||||
18 | law.
| ||||||
19 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
20 | that contains
exothermic pyrophoric mesh metal as the | ||||||
21 | projectile and is designed for the
purpose of throwing or | ||||||
22 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
23 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
24 | and expels as
projectiles 2 or more metal balls connected by | ||||||
25 | solid metal wire.
| ||||||
26 | "Flechette shell" means any shell that can be fired in a |
| |||||||
| |||||||
1 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
2 | metal wire or 2 or more solid
dart-type
projectiles.
| ||||||
3 | (b) A person commits a Class X felony when he or she, | ||||||
4 | knowing that a
firearm ,
as defined in Section
1.1 of the | ||||||
5 | Firearm Owners Identification Card
Act, is loaded with an | ||||||
6 | armor
piercing bullet, dragon's breath shotgun shell, bolo
| ||||||
7 | shell, or flechette
shell,
intentionally or recklessly | ||||||
8 | discharges such firearm and such bullet or
shell strikes
any | ||||||
9 | other person.
| ||||||
10 | (c) Any person who possesses, concealed on or about his or | ||||||
11 | her person,
an armor
piercing bullet, dragon's breath shotgun | ||||||
12 | shell, bolo
shell, or flechette
shell
and a firearm suitable | ||||||
13 | for the discharge thereof is guilty
of a Class 2 felony.
| ||||||
14 | (d) This Section does not apply to or affect any of the | ||||||
15 | following:
| ||||||
16 | (1) Peace officers;
| ||||||
17 | (2) Wardens, superintendents and keepers of prisons, | ||||||
18 | penitentiaries, jails
and other institutions for the | ||||||
19 | detention of persons accused or convicted of an
offense;
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard while in | ||||||
22 | the performance of their official
duties;
| ||||||
23 | (4) Federal officials required to carry firearms, | ||||||
24 | while engaged in the
performance of their official duties;
| ||||||
25 | (5) United States Marshals, while engaged in the | ||||||
26 | performance of their
official duties.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
2 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
3 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
4 | (a) It shall be unlawful for any person who holds a license | ||||||
5 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
6 | Liquor Control
Commission or local liquor control commissioner | ||||||
7 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
8 | the licensee to sell or deliver to any
other person a firearm | ||||||
9 | in or on the real property of the establishment
where the | ||||||
10 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
11 | or
delivery of the firearm is otherwise lawful under this | ||||||
12 | Article and under the
Firearm Owners Identification Card Act .
| ||||||
13 | (b) Sentence. A violation of subsection (a) of this | ||||||
14 | Section is a
Class 4 felony.
| ||||||
15 | (Source: P.A. 87-591.)
| ||||||
16 | (720 ILCS 5/24-3.5)
| ||||||
17 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
18 | (a) For purposes of this Section,
"firearms transaction | ||||||
19 | record form" means a form:
| ||||||
20 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
21 | the transferee's name and address (including county
or | ||||||
22 | similar political subdivision); (ii) whether the | ||||||
23 | transferee is a citizen of
the United States;
(iii) the | ||||||
24 | transferee's State of residence; and (iv) the date and |
| |||||||
| |||||||
1 | place of
birth, height, weight, and race of the | ||||||
2 | transferee; and
| ||||||
3 | (2) on which the transferee certifies that he or she | ||||||
4 | is not
prohibited by federal law from transporting or | ||||||
5 | shipping a firearm
in interstate or foreign commerce or | ||||||
6 | receiving a firearm that has been shipped
or transported | ||||||
7 | in interstate or foreign commerce or possessing a firearm | ||||||
8 | in or
affecting commerce.
| ||||||
9 | (b) A person commits the offense of unlawful purchase of a | ||||||
10 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
11 | firearm with the intent to deliver that firearm to another | ||||||
12 | person who
is prohibited by federal or State law from | ||||||
13 | possessing a firearm.
| ||||||
14 | (c) A person commits the offense of unlawful purchase of a | ||||||
15 | firearm when he
or she, in purchasing or attempting to | ||||||
16 | purchase a firearm, intentionally
provides false or
misleading | ||||||
17 | information on a United States Department of the Treasury, | ||||||
18 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
19 | record form.
| ||||||
20 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
21 | this Section for a
person to make a gift or loan of a firearm | ||||||
22 | to a
person who is not
prohibited by federal or State law from | ||||||
23 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
24 | accordance with Section 3 of the Firearm Owners Identification | ||||||
25 | Card
Act .
| ||||||
26 | (e) Sentence.
|
| |||||||
| |||||||
1 | (1) A person who commits the offense of unlawful | ||||||
2 | purchase of a
firearm:
| ||||||
3 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
4 | attempting to
purchase one firearm;
| ||||||
5 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
6 | attempting to
purchase not less than 2
firearms and | ||||||
7 | not more than 5 firearms at the same time or within a | ||||||
8 | one
year period;
| ||||||
9 | (C) is guilty of a Class X felony for which the | ||||||
10 | offender shall be sentenced to a term of imprisonment | ||||||
11 | of not less than 9 years and not more than 40 years for | ||||||
12 | purchasing or attempting to
purchase not less than 6
| ||||||
13 | firearms at the same time or within a 2
year period.
| ||||||
14 | (2) In addition to any other penalty that may be | ||||||
15 | imposed for a violation
of this Section, the court may | ||||||
16 | sentence a person convicted of a violation of
subsection | ||||||
17 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
18 | each
violation.
| ||||||
19 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
20 | be commenced within 6 years after the commission of the | ||||||
21 | offense.
| ||||||
22 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
23 | (720 ILCS 5/24-3B) | ||||||
24 | Sec. 24-3B. Firearms trafficking. | ||||||
25 | (a) A person commits firearms trafficking when he or she |
| |||||||
| |||||||
1 | is prohibited under federal or State law from possessing a
| ||||||
2 | firearm has not been issued a currently valid Firearm Owner's | ||||||
3 | Identification Card and knowingly: | ||||||
4 | (1) brings, or causes to be brought, into this State, | ||||||
5 | a firearm or firearm ammunition for the purpose of sale, | ||||||
6 | delivery, or transfer to any other person or with the | ||||||
7 | intent to sell, deliver, or transfer the firearm or | ||||||
8 | firearm ammunition to any other person; or | ||||||
9 | (2) brings, or causes to be brought, into this State, | ||||||
10 | a firearm and firearm ammunition for the purpose of sale, | ||||||
11 | delivery, or transfer to any other person or with the | ||||||
12 | intent to sell, deliver, or transfer the firearm and | ||||||
13 | firearm ammunition to any other person. | ||||||
14 | (a-5) (Blank). This Section does not apply to: | ||||||
15 | (1) a person exempt under Section 2 of the Firearm | ||||||
16 | Owners Identification Card Act from the requirement of | ||||||
17 | having possession of a Firearm Owner's Identification Card | ||||||
18 | previously issued in his or her name by the Illinois State | ||||||
19 | Police in order to acquire or possess a firearm or firearm | ||||||
20 | ammunition; | ||||||
21 | (2) a common carrier under subsection (i) of Section | ||||||
22 | 24-2 of this Code; or | ||||||
23 | (3) a non-resident who may lawfully possess a firearm | ||||||
24 | in his or her resident state. | ||||||
25 | (b) Sentence. | ||||||
26 | (1) Firearms trafficking is a Class 1 felony for which |
| |||||||
| |||||||
1 | the person, if sentenced to a term of imprisonment, shall | ||||||
2 | be sentenced to not less than 4 years and not more than 20 | ||||||
3 | years. | ||||||
4 | (2) Firearms trafficking by a person who has been | ||||||
5 | previously convicted of firearms trafficking, gunrunning, | ||||||
6 | or a felony offense for the unlawful sale, delivery, or | ||||||
7 | transfer of a firearm or firearm ammunition in this State | ||||||
8 | or another jurisdiction is a Class X felony.
| ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
10 | (720 ILCS 5/24-4.1)
| ||||||
11 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
12 | (a) If a person who possesses a valid Firearm Owner's | ||||||
13 | Identification Card and who possesses or acquires a firearm | ||||||
14 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
15 | the person, the person must report the loss or theft to the | ||||||
16 | local law enforcement agency within 72 hours after obtaining | ||||||
17 | knowledge of the loss or theft. | ||||||
18 | (b) A law enforcement agency having jurisdiction shall | ||||||
19 | take a written report and shall, as soon as practical, enter | ||||||
20 | the firearm's serial number as stolen into the Law Enforcement | ||||||
21 | Agencies Data System (LEADS). | ||||||
22 | (c) A person shall not be in violation of this Section if: | ||||||
23 | (1) the failure to report is due to an act of God, act | ||||||
24 | of war, or inability of a law enforcement agency to | ||||||
25 | receive the report; |
| |||||||
| |||||||
1 | (2) the person is hospitalized, in a coma, or is | ||||||
2 | otherwise seriously physically or mentally impaired as to | ||||||
3 | prevent the person from reporting; or | ||||||
4 | (3) the person's designee makes a report if the person | ||||||
5 | is unable to make the report. | ||||||
6 | (d) Sentence. A person who violates this Section is guilty | ||||||
7 | of a petty offense for a first violation. A second or | ||||||
8 | subsequent violation of this Section is a Class A misdemeanor.
| ||||||
9 | (Source: P.A. 98-508, eff. 8-19-13.) | ||||||
10 | (720 ILCS 5/24-4.5 new)
| ||||||
11 | Sec. 24-4.5. Dial up system. | ||||||
12 | (a) The Illinois State Police shall provide
a dial up | ||||||
13 | telephone system or utilize other existing technology which | ||||||
14 | shall be used by any federally licensed
firearm dealer, gun | ||||||
15 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
16 | stun gun, or taser under the provisions of this
Code. The | ||||||
17 | Illinois State Police may utilize existing technology which
| ||||||
18 | allows the caller to be charged a fee not to exceed $2. Fees | ||||||
19 | collected by the Illinois
State Police shall be deposited in | ||||||
20 | the State Police Services Fund and used
to provide the | ||||||
21 | service. | ||||||
22 | (b) Upon receiving a request from a federally licensed | ||||||
23 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
24 | Illinois State Police shall immediately approve, or within the | ||||||
25 | time
period established by Section 24-3 of this Code regarding
|
| |||||||
| |||||||
1 | the delivery of firearms, stun guns, and tasers notify the | ||||||
2 | inquiring dealer, gun show promoter, or gun show vendor of any | ||||||
3 | objection that
would disqualify the transferee from acquiring | ||||||
4 | or possessing a firearm, stun gun, or taser. In
conducting the | ||||||
5 | inquiry, the Illinois State Police shall initiate and
complete | ||||||
6 | an automated search of its criminal history record information
| ||||||
7 | files and those of the Federal Bureau of Investigation, | ||||||
8 | including the
National Instant Criminal Background Check | ||||||
9 | System, and of the files of
the Department of Human Services | ||||||
10 | relating to mental health and
developmental disabilities to | ||||||
11 | obtain
any felony conviction or patient hospitalization | ||||||
12 | information which would
disqualify a person from obtaining a | ||||||
13 | firearm. | ||||||
14 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
15 | of this Code or federal law, the Illinois State Police shall:
| ||||||
16 | (1) assign a unique identification number to the | ||||||
17 | transfer; and | ||||||
18 | (2) provide the licensee, gun show promoter, or gun | ||||||
19 | show vendor with the number. | ||||||
20 | (d) Approvals issued by the Illinois State Police for the | ||||||
21 | purchase of a firearm are valid for 30 days from the date of | ||||||
22 | issue.
| ||||||
23 | (e)(1) The Illinois State Police must act as the Illinois | ||||||
24 | Point of Contact
for the National Instant Criminal Background | ||||||
25 | Check System. | ||||||
26 | (2) The Illinois State Police and the Department of Human |
| |||||||
| |||||||
1 | Services shall, in accordance with State and federal law | ||||||
2 | regarding confidentiality, enter into a memorandum of | ||||||
3 | understanding with the Federal Bureau of Investigation for the | ||||||
4 | purpose of implementing the National Instant Criminal | ||||||
5 | Background Check System in the State. The Department of State | ||||||
6 | Police shall report the name, date of birth, and physical | ||||||
7 | description of any person prohibited from possessing a firearm | ||||||
8 | under this Code or 18 U.S.C. 922(g) and (n) to the National | ||||||
9 | Instant Criminal Background Check System Index, Denied Persons | ||||||
10 | Files. | ||||||
11 | (f) The Illinois State Police shall adopt rules not | ||||||
12 | inconsistent with this Section to implement this
system.
| ||||||
13 | (720 ILCS 5/24-9)
| ||||||
14 | Sec. 24-9. Firearms; Child Protection.
| ||||||
15 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
16 | for any person to
store or leave, within premises under his or | ||||||
17 | her control, a firearm if
the
person knows or has reason to | ||||||
18 | believe that a minor under the age of 14
years who does not | ||||||
19 | have a Firearm Owners Identification Card is likely to gain
| ||||||
20 | access to the firearm without the lawful permission
of the | ||||||
21 | person possessing the firearm, minor's parent, guardian, or | ||||||
22 | person having charge of the minor, and
the minor causes death | ||||||
23 | or great bodily harm with the firearm, unless
the firearm is:
| ||||||
24 | (1) secured by a device or mechanism, other than the | ||||||
25 | firearm safety,
designed to render a firearm temporarily |
| |||||||
| |||||||
1 | inoperable; or
| ||||||
2 | (2) placed in a securely locked box or container; or
| ||||||
3 | (3) placed in some other location that a reasonable | ||||||
4 | person would
believe to be secure from a minor under the | ||||||
5 | age of 14 years.
| ||||||
6 | (b) Sentence. A person who violates this Section is guilty | ||||||
7 | of a Class C
misdemeanor and shall be fined not less than | ||||||
8 | $1,000. A second or subsequent
violation of this Section is a | ||||||
9 | Class A misdemeanor.
| ||||||
10 | (c) Subsection (a) does not apply:
| ||||||
11 | (1) if the minor under 14 years of age gains access to | ||||||
12 | a
firearm and uses it in a lawful act of self-defense or | ||||||
13 | defense of another; or
| ||||||
14 | (2) to any firearm obtained by a minor under the age of | ||||||
15 | 14 because of
an unlawful entry of the premises by the | ||||||
16 | minor or another person.
| ||||||
17 | (d) (Blank). For the purposes of this Section, "firearm" | ||||||
18 | has the meaning ascribed
to it in Section
1.1 of the Firearm | ||||||
19 | Owners Identification Card Act.
| ||||||
20 | (Source: P.A. 91-18, eff. 1-1-00.)
| ||||||
21 | Section 80. The Methamphetamine Control and Community | ||||||
22 | Protection Act is amended by changing Section 10 as follows: | ||||||
23 | (720 ILCS 646/10)
| ||||||
24 | Sec. 10. Definitions. As used in this Act: |
| |||||||
| |||||||
1 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
2 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
3 | "Anhydrous ammonia equipment" means all items used to | ||||||
4 | store, hold, contain, handle, transfer, transport, or apply | ||||||
5 | anhydrous ammonia for lawful purposes.
| ||||||
6 | "Booby trap" means any device designed to cause physical | ||||||
7 | injury when triggered by an act of a person approaching, | ||||||
8 | entering, or moving through a structure, a vehicle, or any | ||||||
9 | location where methamphetamine has been manufactured, is being | ||||||
10 | manufactured, or is intended to be manufactured.
| ||||||
11 | "Deliver" or "delivery" has the meaning provided in | ||||||
12 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
13 | Substances Act.
| ||||||
14 | "Director" means the Director of the Illinois State Police | ||||||
15 | or the Director's designated agents.
| ||||||
16 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
17 | release, deposit, inject, dump, spill, leak, or place | ||||||
18 | methamphetamine waste onto or into any land, water, or well of | ||||||
19 | any type so that the waste has the potential to enter the | ||||||
20 | environment, be emitted into the air, or be discharged into | ||||||
21 | the soil or any waters, including groundwater.
| ||||||
22 | "Emergency response" means the act of collecting evidence | ||||||
23 | from or securing a methamphetamine laboratory site, | ||||||
24 | methamphetamine waste site or other methamphetamine-related | ||||||
25 | site and cleaning up the site, whether these actions are | ||||||
26 | performed by public entities or private contractors paid by |
| |||||||
| |||||||
1 | public entities.
| ||||||
2 | "Emergency service provider" means a local, State, or | ||||||
3 | federal peace officer, firefighter, emergency medical | ||||||
4 | technician-ambulance, emergency
medical | ||||||
5 | technician-intermediate, emergency medical | ||||||
6 | technician-paramedic, ambulance driver, or other medical or | ||||||
7 | first aid personnel rendering aid, or any agent or designee of | ||||||
8 | the foregoing.
| ||||||
9 | "Finished methamphetamine" means methamphetamine in a form | ||||||
10 | commonly used for personal consumption. | ||||||
11 | "Firearm" has the meaning provided in Section 2-7.5 of the | ||||||
12 | Criminal Code of 2012 1.1 of the Firearm Owners Identification | ||||||
13 | Card Act .
| ||||||
14 | "Manufacture" means to produce, prepare, compound, | ||||||
15 | convert, process, synthesize, concentrate, purify, separate, | ||||||
16 | extract, or package any methamphetamine, methamphetamine | ||||||
17 | precursor, methamphetamine manufacturing catalyst, | ||||||
18 | methamphetamine manufacturing reagent, methamphetamine | ||||||
19 | manufacturing solvent, or any substance containing any of the | ||||||
20 | foregoing.
| ||||||
21 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
22 | Schedule II controlled substance under the Illinois Controlled | ||||||
23 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
24 | isomer, or analog thereof, with the exception of | ||||||
25 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
26 | scheduled substance with a separate listing under the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act. | ||||||
2 | "Methamphetamine manufacturing catalyst" means any | ||||||
3 | substance that has been used, is being used, or is intended to | ||||||
4 | be used to activate, accelerate, extend, or improve a chemical | ||||||
5 | reaction involved in the manufacture of methamphetamine.
| ||||||
6 | "Methamphetamine manufacturing environment" means a | ||||||
7 | structure or vehicle in which:
| ||||||
8 | (1) methamphetamine is being or has been manufactured;
| ||||||
9 | (2) chemicals that are being used, have been used, or | ||||||
10 | are intended to be used to manufacture methamphetamine are | ||||||
11 | stored;
| ||||||
12 | (3) methamphetamine manufacturing materials that have | ||||||
13 | been used to manufacture methamphetamine are stored; or
| ||||||
14 | (4) methamphetamine manufacturing waste is stored.
| ||||||
15 | "Methamphetamine manufacturing material" means any | ||||||
16 | methamphetamine precursor, substance containing any | ||||||
17 | methamphetamine precursor, methamphetamine manufacturing | ||||||
18 | catalyst, substance containing any methamphetamine | ||||||
19 | manufacturing catalyst, methamphetamine manufacturing | ||||||
20 | reagent, substance containing any methamphetamine | ||||||
21 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
22 | substance containing any methamphetamine manufacturing | ||||||
23 | solvent, or any other chemical, substance, ingredient, | ||||||
24 | equipment, apparatus, or item that is being used, has been | ||||||
25 | used, or is intended to be used in the manufacture of | ||||||
26 | methamphetamine.
|
| |||||||
| |||||||
1 | "Methamphetamine manufacturing reagent" means any | ||||||
2 | substance other than a methamphetamine manufacturing catalyst | ||||||
3 | that has been used, is being used, or is intended to be used to | ||||||
4 | react with and chemically alter any methamphetamine precursor. | ||||||
5 | "Methamphetamine manufacturing solvent" means any | ||||||
6 | substance that has been used, is being used, or is intended to | ||||||
7 | be used as a medium in which any methamphetamine precursor, | ||||||
8 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
9 | manufacturing reagent, or any substance containing any of the | ||||||
10 | foregoing is dissolved, diluted, or washed during any part of | ||||||
11 | the methamphetamine manufacturing process.
| ||||||
12 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
13 | substance, ingredient, equipment, apparatus, or item that is | ||||||
14 | left over from, results from, or is produced by the process of | ||||||
15 | manufacturing methamphetamine, other than finished | ||||||
16 | methamphetamine.
| ||||||
17 | "Methamphetamine precursor" means ephedrine, | ||||||
18 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
19 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
20 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
21 | "Multi-unit dwelling" means a unified structure used or | ||||||
22 | intended for use as a habitation, home, or residence that | ||||||
23 | contains 2 or more condominiums, apartments, hotel rooms, | ||||||
24 | motel rooms, or other living units.
| ||||||
25 | "Package" means an item marked for retail sale that is not | ||||||
26 | designed to be further broken down or subdivided for the |
| |||||||
| |||||||
1 | purpose of retail sale.
| ||||||
2 | "Participate" or "participation" in the manufacture of | ||||||
3 | methamphetamine means to produce, prepare, compound, convert, | ||||||
4 | process, synthesize, concentrate, purify, separate, extract, | ||||||
5 | or package any methamphetamine, methamphetamine precursor, | ||||||
6 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
7 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
8 | or any substance containing any of the foregoing, or to assist | ||||||
9 | in any of these actions, or to attempt to take any of these | ||||||
10 | actions, regardless of whether this action or these actions | ||||||
11 | result in the production of finished methamphetamine.
| ||||||
12 | "Person with a disability" means a person who suffers from | ||||||
13 | a permanent physical or mental impairment resulting from | ||||||
14 | disease, injury, functional disorder, or congenital condition | ||||||
15 | which renders the person incapable of adequately providing for | ||||||
16 | his or her own health and personal care.
| ||||||
17 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
18 | obtain, by legal or illegal means, or to cause another to take | ||||||
19 | such action.
| ||||||
20 | "Second or subsequent offense" means an offense under this | ||||||
21 | Act committed by an offender who previously committed an | ||||||
22 | offense under this Act, the Illinois Controlled Substances | ||||||
23 | Act, the Cannabis Control Act, or another Act of this State, | ||||||
24 | another state, or the United States relating to | ||||||
25 | methamphetamine, cannabis, or any other controlled substance.
| ||||||
26 | "Standard dosage form", as used in relation to any |
| |||||||
| |||||||
1 | methamphetamine precursor, means that the methamphetamine | ||||||
2 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
3 | cap, or liquid cap that has been manufactured by a lawful | ||||||
4 | entity and contains a standard quantity of methamphetamine | ||||||
5 | precursor.
| ||||||
6 | "Unauthorized container", as used in relation to anhydrous | ||||||
7 | ammonia, means any container that is not designed for the | ||||||
8 | specific and sole purpose of holding, storing, transporting, | ||||||
9 | or applying anhydrous ammonia. "Unauthorized container" | ||||||
10 | includes, but is not limited to, any propane tank, fire | ||||||
11 | extinguisher, oxygen cylinder, gasoline can, food or beverage | ||||||
12 | cooler, or compressed gas cylinder used in dispensing fountain | ||||||
13 | drinks. "Unauthorized container" does not encompass anhydrous | ||||||
14 | ammonia manufacturing plants, refrigeration systems
where | ||||||
15 | anhydrous ammonia is used solely as a refrigerant, anhydrous | ||||||
16 | ammonia transportation pipelines, anhydrous ammonia tankers, | ||||||
17 | or anhydrous ammonia barges.
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | Section 85. The Code of Criminal Procedure of 1963 is | ||||||
20 | amended by changing Sections 102-7.1, 110-10, 112A-11.1, | ||||||
21 | 112A-11.2, 112A-14, and 112A-14.7 as follows: | ||||||
22 | (725 ILCS 5/102-7.1) | ||||||
23 | Sec. 102-7.1. "Category A offense". "Category A offense" | ||||||
24 | means a Class 1 felony, Class 2 felony, Class X felony, first |
| |||||||
| |||||||
1 | degree murder, a violation of Section 11-204 of the Illinois | ||||||
2 | Vehicle Code, a second or subsequent violation of Section | ||||||
3 | 11-501 of the Illinois Vehicle Code, a violation of subsection | ||||||
4 | (d) of Section 11-501 of the Illinois Vehicle Code, a | ||||||
5 | violation of Section 11-401 of the Illinois Vehicle Code if | ||||||
6 | the accident results in injury and the person failed to report | ||||||
7 | the accident within 30 minutes, a violation of Section 9-3, | ||||||
8 | 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, | ||||||
9 | 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, | ||||||
10 | 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, | ||||||
11 | 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a | ||||||
12 | second or subsequent violation of 12-3.2 or 12-3.4 of the | ||||||
13 | Criminal Code of 2012, a violation of paragraph (5) or (6) of | ||||||
14 | subsection (b) of Section 10-9 of the Criminal Code of 2012, a | ||||||
15 | violation of subsection (b) or (c) or paragraph (1) or (2) of | ||||||
16 | subsection (a) of Section 11-1.50 of the Criminal Code of | ||||||
17 | 2012, a violation of Section 12-7 of the Criminal Code of 2012 | ||||||
18 | if the defendant inflicts bodily harm on the victim to obtain a | ||||||
19 | confession, statement, or information, a violation of Section | ||||||
20 | 12-7.5 of the Criminal Code of 2012 if the action results in | ||||||
21 | bodily harm, a violation of paragraph (3) of subsection (b) of | ||||||
22 | Section 17-2 of the Criminal Code of 2012, a violation of | ||||||
23 | subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of | ||||||
24 | 2012, a violation of paragraph (6) of subsection (a) of | ||||||
25 | Section 24-1 of the Criminal Code of 2012, a first violation of | ||||||
26 | Section 24-1.6 of the Criminal Code of 2012 by a person 18 |
| |||||||
| |||||||
1 | years of age or older where the factors listed in both items | ||||||
2 | (A) and (C) or both items (A-5) and (C) of paragraph (3) of | ||||||
3 | subsection (a) of Section 24-1.6 of the Criminal Code of 2012 | ||||||
4 | are present, a Class 3 felony violation of paragraph (1) of
| ||||||
5 | subsection (a) of Section 2 of the Firearm Owners | ||||||
6 | Identification Card Act committed before the effective date of | ||||||
7 | this amendatory Act of the 102nd General Assembly , or a | ||||||
8 | violation of Section 10 of the Sex Offender Registration Act.
| ||||||
9 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||||||
10 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
11 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
12 | Sec. 110-10. Conditions of bail bond.
| ||||||
13 | (a) If a person is released prior to conviction, either | ||||||
14 | upon payment of
bail security or on his or her own | ||||||
15 | recognizance, the conditions of the bail
bond shall be that he | ||||||
16 | or she will:
| ||||||
17 | (1) Appear to answer the charge in the court having | ||||||
18 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
19 | the court until discharged or
final order of the court;
| ||||||
20 | (2) Submit himself or herself to the orders and | ||||||
21 | process of the court;
| ||||||
22 | (3) Not depart this State without leave of the court;
| ||||||
23 | (4) Not violate any criminal statute of any | ||||||
24 | jurisdiction;
| ||||||
25 | (5) At a time and place designated by the court, |
| |||||||
| |||||||
1 | surrender all firearms
in his or her possession to a law | ||||||
2 | enforcement officer designated by the court
to take | ||||||
3 | custody of and impound the firearms
and physically
| ||||||
4 | surrender his or her Firearm Owner's Identification Card | ||||||
5 | to the clerk of the
circuit court
when the offense the | ||||||
6 | person has
been charged with is a forcible felony, | ||||||
7 | stalking, aggravated stalking, domestic
battery, any | ||||||
8 | violation of the Illinois Controlled Substances Act, the | ||||||
9 | Methamphetamine Control and Community Protection Act, or | ||||||
10 | the
Cannabis Control Act that is classified as a Class 2 or | ||||||
11 | greater felony, or any
felony violation of Article 24 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
13 | court
may,
however, forgo the imposition of this condition | ||||||
14 | when the
circumstances of the
case clearly do not warrant | ||||||
15 | it or when its imposition would be
impractical;
if the | ||||||
16 | Firearm Owner's Identification Card is confiscated, the | ||||||
17 | clerk of the circuit court shall mail the confiscated card | ||||||
18 | to the Illinois State Police; all legally possessed | ||||||
19 | firearms shall be returned to the person upon
the charges | ||||||
20 | being dismissed, or if the person is found not guilty, | ||||||
21 | unless the
finding of not guilty is by reason of insanity; | ||||||
22 | and
| ||||||
23 | (6) At a time and place designated by the court, | ||||||
24 | submit to a
psychological
evaluation when the person has | ||||||
25 | been charged with a violation of item (4) of
subsection
| ||||||
26 | (a) of Section 24-1 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 and that violation occurred in
a | ||||||
2 | school
or in any conveyance owned, leased, or contracted | ||||||
3 | by a school to transport
students to or
from school or a | ||||||
4 | school-related activity, or on any public way within 1,000
| ||||||
5 | feet of real
property comprising any school.
| ||||||
6 | Psychological evaluations ordered pursuant to this Section | ||||||
7 | shall be completed
promptly
and made available to the State, | ||||||
8 | the defendant, and the court. As a further
condition of bail | ||||||
9 | under
these circumstances, the court shall order the defendant | ||||||
10 | to refrain from
entering upon the
property of the school, | ||||||
11 | including any conveyance owned, leased, or contracted
by a | ||||||
12 | school to
transport students to or from school or a | ||||||
13 | school-related activity, or on any public way within
1,000 | ||||||
14 | feet of real property comprising any school. Upon receipt of | ||||||
15 | the psychological evaluation,
either the State or the | ||||||
16 | defendant may request a change in the conditions of bail, | ||||||
17 | pursuant to
Section 110-6 of this Code. The court may change | ||||||
18 | the conditions of bail to include a
requirement that the | ||||||
19 | defendant follow the recommendations of the psychological | ||||||
20 | evaluation,
including undergoing psychiatric treatment. The | ||||||
21 | conclusions of the
psychological evaluation and
any statements | ||||||
22 | elicited from the defendant during its administration are not
| ||||||
23 | admissible as evidence
of guilt during the course of any trial | ||||||
24 | on the charged offense, unless the
defendant places his or her
| ||||||
25 | mental competency in issue.
| ||||||
26 | (b) The court may impose other conditions, such as the |
| |||||||
| |||||||
1 | following, if the
court finds that such conditions are | ||||||
2 | reasonably necessary to assure the
defendant's appearance in | ||||||
3 | court, protect the public from the defendant, or
prevent the | ||||||
4 | defendant's unlawful interference with the orderly | ||||||
5 | administration
of justice:
| ||||||
6 | (1) Report to or appear in person before such person | ||||||
7 | or agency as the
court may direct;
| ||||||
8 | (2) Refrain from possessing a firearm or other | ||||||
9 | dangerous weapon;
| ||||||
10 | (3) Refrain from approaching or communicating with | ||||||
11 | particular persons or
classes of persons;
| ||||||
12 | (4) Refrain from going to certain described | ||||||
13 | geographical areas or
premises;
| ||||||
14 | (5) Refrain from engaging in certain activities or | ||||||
15 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
16 | (6) Undergo treatment for drug addiction or | ||||||
17 | alcoholism;
| ||||||
18 | (7) Undergo medical or psychiatric treatment;
| ||||||
19 | (8) Work or pursue a course of study or vocational | ||||||
20 | training;
| ||||||
21 | (9) Attend or reside in a facility designated by the | ||||||
22 | court;
| ||||||
23 | (10) Support his or her dependents;
| ||||||
24 | (11) If a minor resides with his or her parents or in a | ||||||
25 | foster home,
attend school, attend a non-residential | ||||||
26 | program for youths, and contribute
to his or her own |
| |||||||
| |||||||
1 | support at home or in a foster home;
| ||||||
2 | (12) Observe any curfew ordered by the court;
| ||||||
3 | (13) Remain in the custody of such designated person | ||||||
4 | or organization
agreeing to supervise his release. Such | ||||||
5 | third party custodian shall be
responsible for notifying | ||||||
6 | the court if the defendant fails to observe the
conditions | ||||||
7 | of release which the custodian has agreed to monitor, and | ||||||
8 | shall
be subject to contempt of court for failure so to | ||||||
9 | notify the court;
| ||||||
10 | (14) Be placed under direct supervision of the | ||||||
11 | Pretrial Services
Agency, Probation Department or Court | ||||||
12 | Services Department in a pretrial
bond home supervision | ||||||
13 | capacity with or without the use of an approved
electronic | ||||||
14 | monitoring device subject to Article 8A of Chapter V of | ||||||
15 | the
Unified Code of Corrections;
| ||||||
16 | (14.1) The court shall impose upon a defendant who is | ||||||
17 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
18 | controlled substance violation and is placed under
direct | ||||||
19 | supervision of the Pretrial Services Agency, Probation | ||||||
20 | Department or
Court Services Department in a pretrial bond | ||||||
21 | home supervision capacity with
the use of an approved | ||||||
22 | monitoring device, as a condition of such bail bond,
a fee | ||||||
23 | that represents costs incidental to the electronic | ||||||
24 | monitoring for each
day of such bail supervision ordered | ||||||
25 | by the
court, unless after determining the inability of | ||||||
26 | the defendant to pay the
fee, the court assesses a lesser |
| |||||||
| |||||||
1 | fee or no fee as the case may be. The fee
shall be | ||||||
2 | collected by the clerk of the circuit court, except as | ||||||
3 | provided in an administrative order of the Chief Judge of | ||||||
4 | the circuit court. The clerk of the
circuit court shall | ||||||
5 | pay all monies collected from this fee to the county
| ||||||
6 | treasurer for deposit in the substance abuse services fund | ||||||
7 | under Section
5-1086.1 of the Counties Code, except as | ||||||
8 | provided in an administrative order of the Chief Judge of | ||||||
9 | the circuit court. | ||||||
10 | The Chief Judge of the circuit court of the county may | ||||||
11 | by administrative order establish a program for electronic | ||||||
12 | monitoring of offenders with regard to drug-related and | ||||||
13 | alcohol-related offenses, in which a vendor supplies and | ||||||
14 | monitors the operation of the electronic monitoring | ||||||
15 | device, and collects the fees on behalf of the county. The | ||||||
16 | program shall include provisions for indigent offenders | ||||||
17 | and the collection of unpaid fees. The program shall not | ||||||
18 | unduly burden the offender and shall be subject to review | ||||||
19 | by the Chief Judge. | ||||||
20 | The Chief Judge of the circuit court may suspend any | ||||||
21 | additional charges or fees for late payment, interest, or | ||||||
22 | damage to any device;
| ||||||
23 | (14.2) The court shall impose upon all defendants, | ||||||
24 | including those
defendants subject to paragraph (14.1) | ||||||
25 | above, placed under direct supervision
of the Pretrial | ||||||
26 | Services Agency, Probation Department or Court Services
|
| |||||||
| |||||||
1 | Department in a pretrial bond home supervision capacity | ||||||
2 | with the use of an
approved monitoring device, as a | ||||||
3 | condition of such bail bond, a fee
which shall represent | ||||||
4 | costs incidental to such
electronic monitoring for each | ||||||
5 | day of such bail supervision ordered by the
court, unless | ||||||
6 | after determining the inability of the defendant to pay | ||||||
7 | the fee,
the court assesses a lesser fee or no fee as the | ||||||
8 | case may be. The fee shall be
collected by the clerk of the | ||||||
9 | circuit court, except as provided in an administrative | ||||||
10 | order of the Chief Judge of the circuit court. The clerk of | ||||||
11 | the circuit court
shall pay all monies collected from this | ||||||
12 | fee to the county treasurer who shall
use the monies | ||||||
13 | collected to defray the costs of corrections. The county
| ||||||
14 | treasurer shall deposit the fee collected in the county | ||||||
15 | working cash fund under
Section 6-27001 or Section 6-29002 | ||||||
16 | of the Counties Code, as the case may
be, except as | ||||||
17 | provided in an administrative order of the Chief Judge of | ||||||
18 | the circuit court. | ||||||
19 | The Chief Judge of the circuit court of the county may | ||||||
20 | by administrative order establish a program for electronic | ||||||
21 | monitoring of offenders with regard to drug-related and | ||||||
22 | alcohol-related offenses, in which a vendor supplies and | ||||||
23 | monitors the operation of the electronic monitoring | ||||||
24 | device, and collects the fees on behalf of the county. The | ||||||
25 | program shall include provisions for indigent offenders | ||||||
26 | and the collection of unpaid fees. The program shall not |
| |||||||
| |||||||
1 | unduly burden the offender and shall be subject to review | ||||||
2 | by the Chief Judge. | ||||||
3 | The Chief Judge of the circuit court may suspend any | ||||||
4 | additional charges or fees for late payment, interest, or | ||||||
5 | damage to any device;
| ||||||
6 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
7 | establish reasonable
fees to be paid by a person receiving | ||||||
8 | pretrial services while under supervision
of a pretrial | ||||||
9 | services agency, probation department, or court services
| ||||||
10 | department. Reasonable fees may be charged for pretrial | ||||||
11 | services
including, but not limited to, pretrial | ||||||
12 | supervision, diversion programs,
electronic monitoring, | ||||||
13 | victim impact services, drug and alcohol testing, DNA | ||||||
14 | testing, GPS electronic monitoring, assessments and | ||||||
15 | evaluations related to domestic violence and other | ||||||
16 | victims, and
victim mediation services. The person | ||||||
17 | receiving pretrial services may be
ordered to pay all | ||||||
18 | costs incidental to pretrial services in accordance with | ||||||
19 | his
or her ability to pay those costs;
| ||||||
20 | (14.4) For persons charged with violating Section | ||||||
21 | 11-501 of the Illinois
Vehicle Code, refrain from | ||||||
22 | operating a motor vehicle not equipped with an
ignition | ||||||
23 | interlock device, as defined in Section 1-129.1 of the | ||||||
24 | Illinois
Vehicle Code,
pursuant to the rules promulgated | ||||||
25 | by the Secretary of State for the
installation of ignition
| ||||||
26 | interlock devices. Under this condition the court may |
| |||||||
| |||||||
1 | allow a defendant who is
not
self-employed to operate a | ||||||
2 | vehicle owned by the defendant's employer that is
not | ||||||
3 | equipped with an ignition interlock device in the course | ||||||
4 | and scope of the
defendant's employment;
| ||||||
5 | (15) Comply with the terms and conditions of an order | ||||||
6 | of protection
issued by the court under the Illinois | ||||||
7 | Domestic Violence Act of 1986 or an
order of protection | ||||||
8 | issued by the court of another state, tribe, or United
| ||||||
9 | States territory;
| ||||||
10 | (16) Under Section 110-6.5 comply with the conditions | ||||||
11 | of the drug testing
program; and
| ||||||
12 | (17) Such other reasonable conditions as the court may | ||||||
13 | impose.
| ||||||
14 | (c) When a person is charged with an offense under Section | ||||||
15 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
16 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
18 | 18 years of age living in the same household with the defendant
| ||||||
19 | at the time of the offense, in granting bail or releasing the | ||||||
20 | defendant on
his own recognizance, the judge shall impose | ||||||
21 | conditions to restrict the
defendant's access to the victim | ||||||
22 | which may include, but are not limited to
conditions that he | ||||||
23 | will:
| ||||||
24 | 1. Vacate the household.
| ||||||
25 | 2. Make payment of temporary support to his | ||||||
26 | dependents.
|
| |||||||
| |||||||
1 | 3. Refrain from contact or communication with the | ||||||
2 | child victim, except
as ordered by the court.
| ||||||
3 | (d) When a person is charged with a criminal offense and | ||||||
4 | the victim is
a family or household member as defined in | ||||||
5 | Article 112A, conditions shall
be imposed at the time of the | ||||||
6 | defendant's release on bond that restrict the
defendant's | ||||||
7 | access to the victim.
Unless provided otherwise by the court, | ||||||
8 | the
restrictions shall include
requirements that the defendant | ||||||
9 | do the following:
| ||||||
10 | (1) refrain from contact or communication with the | ||||||
11 | victim for a
minimum period of 72 hours following the | ||||||
12 | defendant's release; and
| ||||||
13 | (2) refrain from entering or remaining at the victim's | ||||||
14 | residence for a
minimum period of 72 hours following the | ||||||
15 | defendant's release.
| ||||||
16 | (e) Local law enforcement agencies shall develop | ||||||
17 | standardized bond forms
for use in cases involving family or | ||||||
18 | household members as defined in
Article 112A, including | ||||||
19 | specific conditions of bond as provided in
subsection (d). | ||||||
20 | Failure of any law enforcement department to develop or use
| ||||||
21 | those forms shall in no way limit the applicability and | ||||||
22 | enforcement of
subsections (d) and (f).
| ||||||
23 | (f) If the defendant is admitted to bail after conviction | ||||||
24 | the
conditions of the bail bond shall be that he will, in | ||||||
25 | addition to the
conditions set forth in subsections (a) and | ||||||
26 | (b) hereof:
|
| |||||||
| |||||||
1 | (1) Duly prosecute his appeal;
| ||||||
2 | (2) Appear at such time and place as the court may | ||||||
3 | direct;
| ||||||
4 | (3) Not depart this State without leave of the court;
| ||||||
5 | (4) Comply with such other reasonable conditions as | ||||||
6 | the court may
impose; and
| ||||||
7 | (5) If the judgment is affirmed or the cause reversed | ||||||
8 | and remanded
for a new trial, forthwith surrender to the | ||||||
9 | officer from whose custody
he was bailed.
| ||||||
10 | (g) Upon a finding of guilty for any felony offense, the | ||||||
11 | defendant shall
physically surrender, at a time and place | ||||||
12 | designated by the court,
any and all firearms in his or her | ||||||
13 | possession and his or her Firearm Owner's
Identification Card | ||||||
14 | as a condition of remaining on bond pending sentencing.
| ||||||
15 | (h) In the event the defendant is unable to post bond, the | ||||||
16 | court may impose a no contact provision with the victim or | ||||||
17 | other interested party that shall be enforced while the | ||||||
18 | defendant remains in custody. | ||||||
19 | (Source: P.A. 101-138, eff. 1-1-20 .)
| ||||||
20 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
21 | Sec. 110-10. Conditions of pretrial release.
| ||||||
22 | (a) If a person is released prior to conviction, the | ||||||
23 | conditions of pretrial release shall be that he or she will:
| ||||||
24 | (1) Appear to answer the charge in the court having | ||||||
25 | jurisdiction on
a day certain and thereafter as ordered by |
| |||||||
| |||||||
1 | the court until discharged or
final order of the court;
| ||||||
2 | (2) Submit himself or herself to the orders and | ||||||
3 | process of the court;
| ||||||
4 | (3) (Blank);
| ||||||
5 | (4) Not violate any criminal statute of any | ||||||
6 | jurisdiction;
| ||||||
7 | (5) At a time and place designated by the court, | ||||||
8 | surrender all firearms
in his or her possession to a law | ||||||
9 | enforcement officer designated by the court
to take | ||||||
10 | custody of and impound the firearms
and physically
| ||||||
11 | surrender his or her Firearm Owner's Identification Card | ||||||
12 | to the clerk of the
circuit court
when the offense the | ||||||
13 | person has
been charged with is a forcible felony, | ||||||
14 | stalking, aggravated stalking, domestic
battery, any | ||||||
15 | violation of the Illinois Controlled Substances Act, the | ||||||
16 | Methamphetamine Control and Community Protection Act, or | ||||||
17 | the
Cannabis Control Act that is classified as a Class 2 or | ||||||
18 | greater felony, or any
felony violation of Article 24 of | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
20 | court
may,
however, forgo the imposition of this condition | ||||||
21 | when the
circumstances of the
case clearly do not warrant | ||||||
22 | it or when its imposition would be
impractical;
if the | ||||||
23 | Firearm Owner's Identification Card is confiscated, the | ||||||
24 | clerk of the circuit court shall mail the confiscated card | ||||||
25 | to the Illinois State Police; all legally possessed | ||||||
26 | firearms shall be returned to the person upon
the charges |
| |||||||
| |||||||
1 | being dismissed, or if the person is found not guilty, | ||||||
2 | unless the
finding of not guilty is by reason of insanity; | ||||||
3 | and
| ||||||
4 | (6) At a time and place designated by the court, | ||||||
5 | submit to a
psychological
evaluation when the person has | ||||||
6 | been charged with a violation of item (4) of
subsection
| ||||||
7 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 and that violation occurred in
a | ||||||
9 | school
or in any conveyance owned, leased, or contracted | ||||||
10 | by a school to transport
students to or
from school or a | ||||||
11 | school-related activity, or on any public way within 1,000
| ||||||
12 | feet of real
property comprising any school.
| ||||||
13 | Psychological evaluations ordered pursuant to this Section | ||||||
14 | shall be completed
promptly
and made available to the State, | ||||||
15 | the defendant, and the court. As a further
condition of | ||||||
16 | pretrial release under
these circumstances, the court shall | ||||||
17 | order the defendant to refrain from
entering upon the
property | ||||||
18 | of the school, including any conveyance owned, leased, or | ||||||
19 | contracted
by a school to
transport students to or from school | ||||||
20 | or a school-related activity, or on any public way within
| ||||||
21 | 1,000 feet of real property comprising any school. Upon | ||||||
22 | receipt of the psychological evaluation,
either the State or | ||||||
23 | the defendant may request a change in the conditions of | ||||||
24 | pretrial release, pursuant to
Section 110-6 of this Code. The | ||||||
25 | court may change the conditions of pretrial release to include | ||||||
26 | a
requirement that the defendant follow the recommendations of |
| |||||||
| |||||||
1 | the psychological evaluation,
including undergoing psychiatric | ||||||
2 | treatment. The conclusions of the
psychological evaluation and
| ||||||
3 | any statements elicited from the defendant during its | ||||||
4 | administration are not
admissible as evidence
of guilt during | ||||||
5 | the course of any trial on the charged offense, unless the
| ||||||
6 | defendant places his or her
mental competency in issue.
| ||||||
7 | (b) The court may impose other conditions, such as the | ||||||
8 | following, if the
court finds that such conditions are | ||||||
9 | reasonably necessary to assure the
defendant's appearance in | ||||||
10 | court, protect the public from the defendant, or
prevent the | ||||||
11 | defendant's unlawful interference with the orderly | ||||||
12 | administration
of justice:
| ||||||
13 | (0.05) Not depart this State without leave of the | ||||||
14 | court; | ||||||
15 | (1) Report to or appear in person before such person | ||||||
16 | or agency as the
court may direct;
| ||||||
17 | (2) Refrain from possessing a firearm or other | ||||||
18 | dangerous weapon;
| ||||||
19 | (3) Refrain from approaching or communicating with | ||||||
20 | particular persons or
classes of persons;
| ||||||
21 | (4) Refrain from going to certain described | ||||||
22 | geographical areas or
premises;
| ||||||
23 | (5) Refrain from engaging in certain activities or | ||||||
24 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
25 | (6) Undergo treatment for drug addiction or | ||||||
26 | alcoholism;
|
| |||||||
| |||||||
1 | (7) Undergo medical or psychiatric treatment;
| ||||||
2 | (8) Work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (9) Attend or reside in a facility designated by the | ||||||
5 | court;
| ||||||
6 | (10) Support his or her dependents;
| ||||||
7 | (11) If a minor resides with his or her parents or in a | ||||||
8 | foster home,
attend school, attend a non-residential | ||||||
9 | program for youths, and contribute
to his or her own | ||||||
10 | support at home or in a foster home;
| ||||||
11 | (12) Observe any curfew ordered by the court;
| ||||||
12 | (13) Remain in the custody of such designated person | ||||||
13 | or organization
agreeing to supervise his release. Such | ||||||
14 | third party custodian shall be
responsible for notifying | ||||||
15 | the court if the defendant fails to observe the
conditions | ||||||
16 | of release which the custodian has agreed to monitor, and | ||||||
17 | shall
be subject to contempt of court for failure so to | ||||||
18 | notify the court;
| ||||||
19 | (14) Be placed under direct supervision of the | ||||||
20 | Pretrial Services
Agency, Probation Department or Court | ||||||
21 | Services Department in a pretrial
home supervision | ||||||
22 | capacity with or without the use of an approved
electronic | ||||||
23 | monitoring device subject to Article 8A of Chapter V of | ||||||
24 | the
Unified Code of Corrections;
| ||||||
25 | (14.1) The court may impose upon a defendant who is | ||||||
26 | charged with any
alcohol, cannabis, methamphetamine, or |
| |||||||
| |||||||
1 | controlled substance violation and is placed under
direct | ||||||
2 | supervision of the Pretrial Services Agency, Probation | ||||||
3 | Department or
Court Services Department in a pretrial home | ||||||
4 | supervision capacity with
the use of an approved | ||||||
5 | monitoring device, as a condition of such pretrial | ||||||
6 | monitoring,
a fee that represents costs incidental to the | ||||||
7 | electronic monitoring for each
day of such pretrial | ||||||
8 | supervision ordered by the
court, unless after determining | ||||||
9 | the inability of the defendant to pay the
fee, the court | ||||||
10 | assesses a lesser fee or no fee as the case may be. The fee
| ||||||
11 | shall be collected by the clerk of the circuit court, | ||||||
12 | except as provided in an administrative order of the Chief | ||||||
13 | Judge of the circuit court. The clerk of the
circuit court | ||||||
14 | shall pay all monies collected from this fee to the county
| ||||||
15 | treasurer for deposit in the substance abuse services fund | ||||||
16 | under Section
5-1086.1 of the Counties Code, except as | ||||||
17 | provided in an administrative order of the Chief Judge of | ||||||
18 | the circuit court. | ||||||
19 | The Chief Judge of the circuit court of the county may | ||||||
20 | by administrative order establish a program for electronic | ||||||
21 | monitoring of offenders with regard to drug-related and | ||||||
22 | alcohol-related offenses, in which a vendor supplies and | ||||||
23 | monitors the operation of the electronic monitoring | ||||||
24 | device, and collects the fees on behalf of the county. The | ||||||
25 | program shall include provisions for indigent offenders | ||||||
26 | and the collection of unpaid fees. The program shall not |
| |||||||
| |||||||
1 | unduly burden the offender and shall be subject to review | ||||||
2 | by the Chief Judge. | ||||||
3 | The Chief Judge of the circuit court may suspend any | ||||||
4 | additional charges or fees for late payment, interest, or | ||||||
5 | damage to any device;
| ||||||
6 | (14.2) The court may impose upon all defendants, | ||||||
7 | including those
defendants subject to paragraph (14.1) | ||||||
8 | above, placed under direct supervision
of the Pretrial | ||||||
9 | Services Agency, Probation Department or Court Services
| ||||||
10 | Department in a pretrial home supervision capacity with | ||||||
11 | the use of an
approved monitoring device, as a condition | ||||||
12 | of such release, a fee
which shall represent costs | ||||||
13 | incidental to such
electronic monitoring for each day of | ||||||
14 | such supervision ordered by the
court, unless after | ||||||
15 | determining the inability of the defendant to pay the fee,
| ||||||
16 | the court assesses a lesser fee or no fee as the case may | ||||||
17 | be. The fee shall be
collected by the clerk of the circuit | ||||||
18 | court, except as provided in an administrative order of | ||||||
19 | the Chief Judge of the circuit court. The clerk of the | ||||||
20 | circuit court
shall pay all monies collected from this fee | ||||||
21 | to the county treasurer who shall
use the monies collected | ||||||
22 | to defray the costs of corrections. The county
treasurer | ||||||
23 | shall deposit the fee collected in the county working cash | ||||||
24 | fund under
Section 6-27001 or Section 6-29002 of the | ||||||
25 | Counties Code, as the case may
be, except as provided in an | ||||||
26 | administrative order of the Chief Judge of the circuit |
| |||||||
| |||||||
1 | court. | ||||||
2 | The Chief Judge of the circuit court of the county may | ||||||
3 | by administrative order establish a program for electronic | ||||||
4 | monitoring of offenders with regard to drug-related and | ||||||
5 | alcohol-related offenses, in which a vendor supplies and | ||||||
6 | monitors the operation of the electronic monitoring | ||||||
7 | device, and collects the fees on behalf of the county. The | ||||||
8 | program shall include provisions for indigent offenders | ||||||
9 | and the collection of unpaid fees. The program shall not | ||||||
10 | unduly burden the offender and shall be subject to review | ||||||
11 | by the Chief Judge. | ||||||
12 | The Chief Judge of the circuit court may suspend any | ||||||
13 | additional charges or fees for late payment, interest, or | ||||||
14 | damage to any device;
| ||||||
15 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
16 | establish reasonable
fees to be paid by a person receiving | ||||||
17 | pretrial services while under supervision
of a pretrial | ||||||
18 | services agency, probation department, or court services
| ||||||
19 | department. Reasonable fees may be charged for pretrial | ||||||
20 | services
including, but not limited to, pretrial | ||||||
21 | supervision, diversion programs,
electronic monitoring, | ||||||
22 | victim impact services, drug and alcohol testing, DNA | ||||||
23 | testing, GPS electronic monitoring, assessments and | ||||||
24 | evaluations related to domestic violence and other | ||||||
25 | victims, and
victim mediation services. The person | ||||||
26 | receiving pretrial services may be
ordered to pay all |
| |||||||
| |||||||
1 | costs incidental to pretrial services in accordance with | ||||||
2 | his
or her ability to pay those costs;
| ||||||
3 | (14.4) For persons charged with violating Section | ||||||
4 | 11-501 of the Illinois
Vehicle Code, refrain from | ||||||
5 | operating a motor vehicle not equipped with an
ignition | ||||||
6 | interlock device, as defined in Section 1-129.1 of the | ||||||
7 | Illinois
Vehicle Code,
pursuant to the rules promulgated | ||||||
8 | by the Secretary of State for the
installation of ignition
| ||||||
9 | interlock devices. Under this condition the court may | ||||||
10 | allow a defendant who is
not
self-employed to operate a | ||||||
11 | vehicle owned by the defendant's employer that is
not | ||||||
12 | equipped with an ignition interlock device in the course | ||||||
13 | and scope of the
defendant's employment;
| ||||||
14 | (15) Comply with the terms and conditions of an order | ||||||
15 | of protection
issued by the court under the Illinois | ||||||
16 | Domestic Violence Act of 1986 or an
order of protection | ||||||
17 | issued by the court of another state, tribe, or United
| ||||||
18 | States territory;
| ||||||
19 | (16) (Blank); and
| ||||||
20 | (17) Such other reasonable conditions as the court may | ||||||
21 | impose.
| ||||||
22 | (c) When a person is charged with an offense under Section | ||||||
23 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
24 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
26 | 18 years of age living in the same household with the defendant
|
| |||||||
| |||||||
1 | at the time of the offense, in releasing the defendant, the | ||||||
2 | judge shall impose conditions to restrict the
defendant's | ||||||
3 | access to the victim which may include, but are not limited to
| ||||||
4 | conditions that he will:
| ||||||
5 | 1. Vacate the household.
| ||||||
6 | 2. Make payment of temporary support to his | ||||||
7 | dependents.
| ||||||
8 | 3. Refrain from contact or communication with the | ||||||
9 | child victim, except
as ordered by the court.
| ||||||
10 | (d) When a person is charged with a criminal offense and | ||||||
11 | the victim is
a family or household member as defined in | ||||||
12 | Article 112A, conditions shall
be imposed at the time of the | ||||||
13 | defendant's release that restrict the
defendant's access to | ||||||
14 | the victim.
Unless provided otherwise by the court, the
| ||||||
15 | restrictions shall include
requirements that the defendant do | ||||||
16 | the following:
| ||||||
17 | (1) refrain from contact or communication with the | ||||||
18 | victim for a
minimum period of 72 hours following the | ||||||
19 | defendant's release; and
| ||||||
20 | (2) refrain from entering or remaining at the victim's | ||||||
21 | residence for a
minimum period of 72 hours following the | ||||||
22 | defendant's release.
| ||||||
23 | (e) Local law enforcement agencies shall develop | ||||||
24 | standardized pretrial release forms
for use in cases involving | ||||||
25 | family or household members as defined in
Article 112A, | ||||||
26 | including specific conditions of pretrial release as provided |
| |||||||
| |||||||
1 | in
subsection (d). Failure of any law enforcement department | ||||||
2 | to develop or use
those forms shall in no way limit the | ||||||
3 | applicability and enforcement of
subsections (d) and (f).
| ||||||
4 | (f) If the defendant is released after conviction | ||||||
5 | following appeal or other post-conviction proceeding, the
| ||||||
6 | conditions of the pretrial release shall be that he will, in | ||||||
7 | addition to the
conditions set forth in subsections (a) and | ||||||
8 | (b) hereof:
| ||||||
9 | (1) Duly prosecute his appeal;
| ||||||
10 | (2) Appear at such time and place as the court may | ||||||
11 | direct;
| ||||||
12 | (3) Not depart this State without leave of the court;
| ||||||
13 | (4) Comply with such other reasonable conditions as | ||||||
14 | the court may
impose; and
| ||||||
15 | (5) If the judgment is affirmed or the cause reversed | ||||||
16 | and remanded
for a new trial, forthwith surrender to the | ||||||
17 | officer from whose custody
he was released.
| ||||||
18 | (g) Upon a finding of guilty for any felony offense, the | ||||||
19 | defendant shall
physically surrender, at a time and place | ||||||
20 | designated by the court,
any and all firearms in his or her | ||||||
21 | possession and his or her Firearm Owner's
Identification Card | ||||||
22 | as a condition of being released pending sentencing.
| ||||||
23 | (h) In the event the defendant is denied pretrial release, | ||||||
24 | the court may impose a no contact provision with the victim or | ||||||
25 | other interested party that shall be enforced while the | ||||||
26 | defendant remains in custody. |
| |||||||
| |||||||
1 | (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)
| ||||||
2 | (725 ILCS 5/112A-11.1) | ||||||
3 | Sec. 112A-11.1. Procedure for determining whether certain | ||||||
4 | misdemeanor crimes
are crimes of domestic violence for | ||||||
5 | purposes of federal
law. | ||||||
6 | (a) When a defendant has been charged with a violation of | ||||||
7 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012, the State | ||||||
9 | may, at arraignment or no later than 45 days after | ||||||
10 | arraignment, for the purpose of notification to the Illinois | ||||||
11 | State Police Firearm Owner's Identification Card Office , serve | ||||||
12 | on the defendant and file with the court a notice alleging that | ||||||
13 | conviction of the offense would subject the defendant to the | ||||||
14 | prohibitions of 18 U.S.C. 922(g)(9) because of the | ||||||
15 | relationship between the defendant and the alleged victim and | ||||||
16 | the nature of the alleged offense. | ||||||
17 | (b) The notice shall include the name of the person | ||||||
18 | alleged to be the victim of the crime and shall specify the | ||||||
19 | nature of the alleged relationship as set forth in 18 U.S.C. | ||||||
20 | 921(a)(33)(A)(ii). It shall also specify the element of the | ||||||
21 | charged offense which requires the use or attempted use of | ||||||
22 | physical force, or the threatened use of a deadly weapon, as | ||||||
23 | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||||||
24 | notice that the defendant is entitled to a hearing on the | ||||||
25 | allegation contained in the notice and that if the allegation |
| |||||||
| |||||||
1 | is sustained, that determination and conviction shall be | ||||||
2 | reported to the Illinois State Police Firearm Owner's | ||||||
3 | Identification Card Office . | ||||||
4 | (c) After having been notified as provided in subsection | ||||||
5 | (b) of this Section, the defendant may stipulate or admit, | ||||||
6 | orally on the record or in writing, that conviction of the | ||||||
7 | offense would subject the defendant to the prohibitions of 18 | ||||||
8 | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||||||
9 | 922(g)(9) shall be deemed established for purposes of Section | ||||||
10 | 112A-11.2. If the defendant denies the applicability of 18 | ||||||
11 | U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||||||
12 | or stands mute with respect to that allegation, then the State | ||||||
13 | shall bear the burden to prove beyond a reasonable doubt that | ||||||
14 | the offense is one to which the prohibitions of 18 U.S.C. | ||||||
15 | 922(g)(9) apply. The court may consider reliable hearsay | ||||||
16 | evidence submitted by either party provided that it is | ||||||
17 | relevant to the determination of the allegation. Facts | ||||||
18 | previously proven at trial or elicited at the time of entry of | ||||||
19 | a plea of guilty shall be deemed established beyond a | ||||||
20 | reasonable doubt and shall not be relitigated. At the | ||||||
21 | conclusion of the hearing, or upon a stipulation or admission, | ||||||
22 | as applicable, the court shall make a specific written | ||||||
23 | determination with respect to the allegation.
| ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (725 ILCS 5/112A-11.2) |
| |||||||
| |||||||
1 | Sec. 112A-11.2. Notification to the Illinois State Police | ||||||
2 | Firearm Owner's Identification Card Office of
determinations | ||||||
3 | in certain misdemeanor cases. Upon judgment of conviction of a | ||||||
4 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
5 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012 when the defendant has been determined, under Section | ||||||
7 | 112A-11.1, to be subject to the prohibitions of 18 U.S.C. | ||||||
8 | 922(g)(9), the circuit court clerk shall include notification | ||||||
9 | and a copy of the written determination in a report of the | ||||||
10 | conviction to the Illinois State Police Firearm Owner's | ||||||
11 | Identification Card Office to enable the office to report that | ||||||
12 | determination to the Federal Bureau of Investigation and | ||||||
13 | assist the Bureau in identifying persons prohibited from | ||||||
14 | purchasing and possessing a firearm pursuant to the provisions | ||||||
15 | of 18 U.S.C. 922.
| ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
17 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
18 | Sec. 112A-14. Domestic violence order of protection; | ||||||
19 | remedies.
| ||||||
20 | (a) (Blank).
| ||||||
21 | (b) The court may order any of the remedies listed in this | ||||||
22 | subsection (b).
The remedies listed in this subsection (b) | ||||||
23 | shall be in addition to other civil
or criminal remedies | ||||||
24 | available to petitioner.
| ||||||
25 | (1) Prohibition of abuse. Prohibit respondent's |
| |||||||
| |||||||
1 | harassment,
interference with personal liberty, | ||||||
2 | intimidation of a dependent, physical
abuse, or willful | ||||||
3 | deprivation, as defined in this Article, if such abuse has
| ||||||
4 | occurred or otherwise appears likely to occur if not | ||||||
5 | prohibited.
| ||||||
6 | (2) Grant of exclusive possession of residence. | ||||||
7 | Prohibit respondent
from entering or remaining in any | ||||||
8 | residence, household, or premises of the petitioner,
| ||||||
9 | including one owned or leased by respondent, if petitioner | ||||||
10 | has a right
to occupancy thereof. The grant of exclusive | ||||||
11 | possession of the residence, household, or premises
shall | ||||||
12 | not affect title to real property, nor shall the court be | ||||||
13 | limited by
the standard set forth in subsection (c-2) of | ||||||
14 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
15 | Marriage Act.
| ||||||
16 | (A) Right to occupancy. A party has a right to | ||||||
17 | occupancy of a
residence or household if it is
solely | ||||||
18 | or jointly owned or leased by that party, that party's | ||||||
19 | spouse, a
person with a legal duty to support that | ||||||
20 | party or a minor child in that
party's care, or by any | ||||||
21 | person or entity other than the opposing party that
| ||||||
22 | authorizes that party's occupancy (e.g., a domestic | ||||||
23 | violence shelter).
Standards set forth in subparagraph | ||||||
24 | (B) shall not preclude equitable relief.
| ||||||
25 | (B) Presumption of hardships. If petitioner and | ||||||
26 | respondent
each has the right to occupancy of a |
| |||||||
| |||||||
1 | residence or household, the court
shall balance (i) | ||||||
2 | the hardships to respondent and any minor child or
| ||||||
3 | dependent adult in respondent's care resulting from | ||||||
4 | entry of this remedy with (ii)
the hardships to | ||||||
5 | petitioner and any minor child or dependent adult in
| ||||||
6 | petitioner's care resulting from continued exposure to | ||||||
7 | the risk of abuse (should
petitioner remain at the | ||||||
8 | residence or household) or from loss of possession
of | ||||||
9 | the residence or household (should petitioner leave to | ||||||
10 | avoid the risk
of abuse). When determining the balance | ||||||
11 | of hardships, the court shall also
take into account | ||||||
12 | the accessibility of the residence or household.
| ||||||
13 | Hardships need not be balanced if respondent does not | ||||||
14 | have a right to occupancy.
| ||||||
15 | The balance of hardships is presumed to favor | ||||||
16 | possession by
petitioner unless the presumption is | ||||||
17 | rebutted by a preponderance of the
evidence, showing | ||||||
18 | that the hardships to respondent substantially | ||||||
19 | outweigh
the hardships to petitioner and any minor | ||||||
20 | child or dependent adult in petitioner's
care. The | ||||||
21 | court, on the request of petitioner or on its own | ||||||
22 | motion,
may order respondent to provide suitable, | ||||||
23 | accessible, alternate housing
for petitioner instead | ||||||
24 | of
excluding respondent from a mutual residence or | ||||||
25 | household.
| ||||||
26 | (3) Stay away order and additional prohibitions.
Order |
| |||||||
| |||||||
1 | respondent to stay away from petitioner or any other | ||||||
2 | person
protected by the domestic violence order of | ||||||
3 | protection, or prohibit respondent from entering
or | ||||||
4 | remaining present at petitioner's school, place of | ||||||
5 | employment, or other
specified places at times when | ||||||
6 | petitioner is present, or both, if
reasonable, given
the | ||||||
7 | balance of hardships. Hardships need not be balanced for | ||||||
8 | the court
to enter a stay away order or prohibit entry
if | ||||||
9 | respondent has no right to enter the premises.
| ||||||
10 | (A) If a domestic violence order of protection | ||||||
11 | grants petitioner exclusive possession
of the | ||||||
12 | residence, prohibits respondent from entering the | ||||||
13 | residence,
or orders respondent to stay away from | ||||||
14 | petitioner or other
protected persons, then the court | ||||||
15 | may allow respondent access to the
residence to remove | ||||||
16 | items of clothing and personal adornment
used | ||||||
17 | exclusively by respondent, medications, and other | ||||||
18 | items as the court directs.
The right to access shall | ||||||
19 | be exercised on only one occasion as the court directs
| ||||||
20 | and in the presence of an agreed-upon adult third | ||||||
21 | party or law enforcement officer.
| ||||||
22 | (B) When the petitioner and the respondent attend | ||||||
23 | the same public, private, or non-public elementary, | ||||||
24 | middle, or high school, the court when issuing a | ||||||
25 | domestic violence order of protection and providing | ||||||
26 | relief shall consider the severity of the act, any |
| |||||||
| |||||||
1 | continuing physical danger or emotional distress to | ||||||
2 | the petitioner, the educational rights guaranteed to | ||||||
3 | the petitioner and respondent under federal and State | ||||||
4 | law, the availability of a transfer of the respondent | ||||||
5 | to another school, a change of placement or a change of | ||||||
6 | program of the respondent, the expense, difficulty, | ||||||
7 | and educational disruption that would be caused by a | ||||||
8 | transfer of the respondent to another school, and any | ||||||
9 | other relevant facts of the case. The court may order | ||||||
10 | that the respondent not attend the public, private, or | ||||||
11 | non-public elementary, middle, or high school attended | ||||||
12 | by the petitioner, order that the respondent accept a | ||||||
13 | change of placement or change of program, as | ||||||
14 | determined by the school district or private or | ||||||
15 | non-public school, or place restrictions on the | ||||||
16 | respondent's movements within the school attended by | ||||||
17 | the petitioner. The respondent bears the burden of | ||||||
18 | proving by a preponderance of the evidence that a | ||||||
19 | transfer, change of placement, or change of program of | ||||||
20 | the respondent is not available. The respondent also | ||||||
21 | bears the burden of production with respect to the | ||||||
22 | expense, difficulty, and educational disruption that | ||||||
23 | would be caused by a transfer of the respondent to | ||||||
24 | another school. A transfer, change of placement, or | ||||||
25 | change of program is not unavailable to the respondent | ||||||
26 | solely on the ground that the respondent does not |
| |||||||
| |||||||
1 | agree with the school district's or private or | ||||||
2 | non-public school's transfer, change of placement, or | ||||||
3 | change of program or solely on the ground that the | ||||||
4 | respondent fails or refuses to consent or otherwise | ||||||
5 | does not take an action required to effectuate a | ||||||
6 | transfer, change of placement, or change of program. | ||||||
7 | When a court orders a respondent to stay away from the | ||||||
8 | public, private, or non-public school attended by the | ||||||
9 | petitioner and the respondent requests a transfer to | ||||||
10 | another attendance center within the respondent's | ||||||
11 | school district or private or non-public school, the | ||||||
12 | school district or private or non-public school shall | ||||||
13 | have sole discretion to determine the attendance | ||||||
14 | center to which the respondent is transferred. If the | ||||||
15 | court order results in a transfer of the minor | ||||||
16 | respondent to another attendance center, a change in | ||||||
17 | the respondent's placement, or a change of the | ||||||
18 | respondent's program, the parents, guardian, or legal | ||||||
19 | custodian of the respondent is responsible for | ||||||
20 | transportation and other costs associated with the | ||||||
21 | transfer or change. | ||||||
22 | (C) The court may order the parents, guardian, or | ||||||
23 | legal custodian of a minor respondent to take certain | ||||||
24 | actions or to refrain from taking certain actions to | ||||||
25 | ensure that the respondent complies with the order. If | ||||||
26 | the court orders a transfer of the respondent to |
| |||||||
| |||||||
1 | another school, the parents, guardian, or legal | ||||||
2 | custodian of the respondent is responsible for | ||||||
3 | transportation and other costs associated with the | ||||||
4 | change of school by the respondent. | ||||||
5 | (4) Counseling. Require or recommend the respondent to | ||||||
6 | undergo
counseling for a specified duration with a social | ||||||
7 | worker, psychologist,
clinical psychologist, | ||||||
8 | psychiatrist, family service agency, alcohol or
substance | ||||||
9 | abuse program, mental health center guidance counselor, | ||||||
10 | agency
providing services to elders, program designed for | ||||||
11 | domestic violence
abusers, or any other guidance service | ||||||
12 | the court deems appropriate. The court may order the | ||||||
13 | respondent in any intimate partner relationship to report | ||||||
14 | to an Illinois Department of Human Services protocol | ||||||
15 | approved partner abuse intervention program for an | ||||||
16 | assessment and to follow all recommended treatment.
| ||||||
17 | (5) Physical care and possession of the minor child. | ||||||
18 | In order to protect
the minor child from abuse, neglect, | ||||||
19 | or unwarranted separation from the person
who has been the | ||||||
20 | minor child's primary caretaker, or to otherwise protect | ||||||
21 | the
well-being of the minor child, the court may do either | ||||||
22 | or both of the following:
(i) grant petitioner physical | ||||||
23 | care or possession of the minor child, or both, or
(ii) | ||||||
24 | order respondent to return a minor child to, or not remove | ||||||
25 | a minor child
from, the physical care of a parent or person | ||||||
26 | in loco parentis.
|
| |||||||
| |||||||
1 | If the respondent is charged with abuse
(as defined in | ||||||
2 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
3 | be a
rebuttable presumption that awarding physical care to | ||||||
4 | respondent would not
be in the minor child's best | ||||||
5 | interest.
| ||||||
6 | (6) Temporary allocation of parental responsibilities | ||||||
7 | and significant decision-making responsibilities.
Award | ||||||
8 | temporary significant decision-making responsibility to | ||||||
9 | petitioner in accordance with this Section,
the Illinois | ||||||
10 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
11 | Parentage Act of 2015,
and this State's Uniform | ||||||
12 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
13 | If the respondent
is charged with abuse (as defined in | ||||||
14 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
15 | be a rebuttable presumption that awarding
temporary | ||||||
16 | significant decision-making responsibility to respondent | ||||||
17 | would not be in the
child's best interest.
| ||||||
18 | (7) Parenting time. Determine the parenting time, if | ||||||
19 | any, of respondent in any case in which the court
awards | ||||||
20 | physical care or temporary significant decision-making | ||||||
21 | responsibility of a minor child to
petitioner. The court | ||||||
22 | shall restrict or deny respondent's parenting time with
a | ||||||
23 | minor child if
the court finds that respondent has done or | ||||||
24 | is likely to do any of the
following: | ||||||
25 | (i) abuse or endanger the minor child during | ||||||
26 | parenting time; |
| |||||||
| |||||||
1 | (ii) use the parenting time
as an opportunity to | ||||||
2 | abuse or harass petitioner or
petitioner's family or | ||||||
3 | household members; | ||||||
4 | (iii) improperly conceal or
detain the minor | ||||||
5 | child; or | ||||||
6 | (iv) otherwise act in a manner that is not in
the | ||||||
7 | best interests of the minor child. | ||||||
8 | The court shall not be limited by the
standards set | ||||||
9 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
10 | Dissolution of Marriage Act. If the court grants parenting | ||||||
11 | time, the order
shall specify dates and times for the | ||||||
12 | parenting time to take place or other
specific parameters | ||||||
13 | or conditions that are appropriate. No order for parenting | ||||||
14 | time
shall refer merely to the term "reasonable parenting | ||||||
15 | time". Petitioner may deny respondent access to the minor | ||||||
16 | child if, when
respondent arrives for parenting time, | ||||||
17 | respondent is under the influence of drugs
or alcohol and | ||||||
18 | constitutes a threat to the safety and well-being of
| ||||||
19 | petitioner or petitioner's minor children or is behaving | ||||||
20 | in a violent or abusive manner. If necessary to protect | ||||||
21 | any member of petitioner's family or
household from future | ||||||
22 | abuse, respondent shall be prohibited from coming to
| ||||||
23 | petitioner's residence to meet the minor child for | ||||||
24 | parenting time, and the petitioner and respondent
shall | ||||||
25 | submit to the court their recommendations for reasonable
| ||||||
26 | alternative arrangements for parenting time. A person may |
| |||||||
| |||||||
1 | be approved to
supervise parenting time only after filing | ||||||
2 | an affidavit accepting
that responsibility and | ||||||
3 | acknowledging accountability to the court.
| ||||||
4 | (8) Removal or concealment of minor child.
Prohibit | ||||||
5 | respondent from
removing a minor child from the State or | ||||||
6 | concealing the child within the
State.
| ||||||
7 | (9) Order to appear. Order the respondent to
appear in | ||||||
8 | court, alone
or with a minor child, to prevent abuse, | ||||||
9 | neglect, removal or concealment of
the child, to return | ||||||
10 | the child to the custody or care of the petitioner, or
to | ||||||
11 | permit any court-ordered interview or examination of the | ||||||
12 | child or the
respondent.
| ||||||
13 | (10) Possession of personal property. Grant petitioner | ||||||
14 | exclusive
possession of personal property and, if | ||||||
15 | respondent has possession or
control, direct respondent to | ||||||
16 | promptly make it available to petitioner, if:
| ||||||
17 | (i) petitioner, but not respondent, owns the | ||||||
18 | property; or
| ||||||
19 | (ii) the petitioner and respondent own the | ||||||
20 | property jointly; sharing it would risk
abuse of | ||||||
21 | petitioner by respondent or is impracticable; and the | ||||||
22 | balance of
hardships favors temporary possession by | ||||||
23 | petitioner.
| ||||||
24 | If petitioner's sole claim to ownership of the | ||||||
25 | property is that it is
marital property, the court may | ||||||
26 | award petitioner temporary possession
thereof under the |
| |||||||
| |||||||
1 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
2 | proper proceeding has been filed under the Illinois | ||||||
3 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
4 | hereafter amended.
| ||||||
5 | No order under this provision shall affect title to | ||||||
6 | property.
| ||||||
7 | (11) Protection of property. Forbid the respondent | ||||||
8 | from taking,
transferring, encumbering, concealing, | ||||||
9 | damaging, or otherwise disposing of
any real or personal | ||||||
10 | property, except as explicitly authorized by the
court, | ||||||
11 | if:
| ||||||
12 | (i) petitioner, but not respondent, owns the | ||||||
13 | property; or
| ||||||
14 | (ii) the petitioner and respondent own the | ||||||
15 | property jointly,
and the balance of hardships favors | ||||||
16 | granting this remedy.
| ||||||
17 | If petitioner's sole claim to ownership of the | ||||||
18 | property is that it is
marital property, the court may | ||||||
19 | grant petitioner relief under subparagraph
(ii) of this | ||||||
20 | paragraph only if a proper proceeding has been filed under | ||||||
21 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
22 | now or hereafter amended.
| ||||||
23 | The court may further prohibit respondent from | ||||||
24 | improperly using the
financial or other resources of an | ||||||
25 | aged member of the family or household
for the profit or | ||||||
26 | advantage of respondent or of any other person.
|
| |||||||
| |||||||
1 | (11.5) Protection of animals. Grant the petitioner the | ||||||
2 | exclusive care, custody, or control of any animal owned, | ||||||
3 | possessed, leased, kept, or held by either the petitioner | ||||||
4 | or the respondent or a minor child residing in the | ||||||
5 | residence or household of either the petitioner or the | ||||||
6 | respondent and order the respondent to stay away from the | ||||||
7 | animal and forbid the respondent from taking, | ||||||
8 | transferring, encumbering, concealing, harming, or | ||||||
9 | otherwise disposing of the animal.
| ||||||
10 | (12) Order for payment of support. Order
respondent to | ||||||
11 | pay temporary
support for the petitioner or any child in | ||||||
12 | the petitioner's care or over whom the petitioner has been | ||||||
13 | allocated parental responsibility, when the respondent has | ||||||
14 | a legal obligation to support that person,
in accordance | ||||||
15 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
16 | Act, which shall govern, among other matters, the amount | ||||||
17 | of
support, payment through the clerk and withholding of | ||||||
18 | income to secure
payment. An order for child support may | ||||||
19 | be granted to a petitioner with
lawful physical care of a | ||||||
20 | child, or an order or agreement for
physical care of a | ||||||
21 | child, prior to entry of an order allocating significant | ||||||
22 | decision-making responsibility.
Such a support order shall | ||||||
23 | expire upon entry of a valid order allocating parental | ||||||
24 | responsibility differently and vacating petitioner's | ||||||
25 | significant decision-making responsibility unless | ||||||
26 | otherwise provided in the order.
|
| |||||||
| |||||||
1 | (13) Order for payment of losses. Order
respondent to | ||||||
2 | pay petitioner
for losses suffered as a direct result of | ||||||
3 | the abuse. Such losses shall
include, but not be limited | ||||||
4 | to, medical expenses, lost earnings or other
support, | ||||||
5 | repair or replacement of property damaged or taken, | ||||||
6 | reasonable
attorney's fees, court costs, and moving or | ||||||
7 | other travel expenses, including
additional reasonable | ||||||
8 | expenses for temporary shelter and restaurant meals.
| ||||||
9 | (i) Losses affecting family needs. If a party is | ||||||
10 | entitled to seek
maintenance, child support, or | ||||||
11 | property distribution from the other party
under the | ||||||
12 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
13 | now or
hereafter amended, the court may order | ||||||
14 | respondent to reimburse petitioner's
actual losses, to | ||||||
15 | the extent that such reimbursement would be | ||||||
16 | "appropriate
temporary relief", as authorized by | ||||||
17 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
18 | (ii) Recovery of expenses. In the case of an | ||||||
19 | improper concealment
or removal of a minor child, the | ||||||
20 | court may order respondent to pay the reasonable
| ||||||
21 | expenses incurred or to be incurred in the search for | ||||||
22 | and recovery of the
minor child, including, but not | ||||||
23 | limited to, legal fees, court costs, private
| ||||||
24 | investigator fees, and travel costs.
| ||||||
25 | (14) Prohibition of entry. Prohibit the respondent | ||||||
26 | from entering or
remaining in the residence or household |
| |||||||
| |||||||
1 | while the respondent is under the
influence of alcohol or | ||||||
2 | drugs and constitutes a threat to the safety and
| ||||||
3 | well-being of the petitioner or the petitioner's children.
| ||||||
4 | (14.5) Prohibition of firearm possession. | ||||||
5 | (A) A person who is subject to an existing | ||||||
6 | domestic violence order of protection issued under | ||||||
7 | this Code may not lawfully possess firearms, stun | ||||||
8 | guns, or tasers weapons or a Firearm Owner's | ||||||
9 | Identification Card under Section 8.2 of the Firearm | ||||||
10 | Owners Identification Card Act . | ||||||
11 | (B) Any firearms in the
possession of the | ||||||
12 | respondent, except as provided in subparagraph (C) of | ||||||
13 | this paragraph (14.5), shall be ordered by the court | ||||||
14 | to be turned
over to a person who is not prohibited | ||||||
15 | under State or federal law from possessing firearms | ||||||
16 | with a valid Firearm Owner's Identification Card for | ||||||
17 | safekeeping . The court shall issue an order that the | ||||||
18 | respondent comply with Section 9.5 of the Firearm | ||||||
19 | Owners Identification Card Act.
Illinois | ||||||
20 | (C) If the respondent is a peace officer as | ||||||
21 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
22 | the court shall order that any firearms used by the
| ||||||
23 | respondent in the performance of his or her duties as a
| ||||||
24 | peace officer be surrendered to
the chief law | ||||||
25 | enforcement executive of the agency in which the | ||||||
26 | respondent is
employed, who shall retain the firearms |
| |||||||
| |||||||
1 | for safekeeping for the duration of the domestic | ||||||
2 | violence order of protection.
| ||||||
3 | (D) Upon expiration of the period of safekeeping, | ||||||
4 | if the firearms or Firearm Owner's Identification Card | ||||||
5 | cannot be returned to respondent because respondent | ||||||
6 | cannot be located, fails to respond to requests to | ||||||
7 | retrieve the firearms, or is not lawfully eligible to | ||||||
8 | possess a firearm, upon petition from the local law | ||||||
9 | enforcement agency, the court may order the local law | ||||||
10 | enforcement agency to destroy the firearms, use the | ||||||
11 | firearms for training purposes, or for any other | ||||||
12 | application as deemed appropriate by the local law | ||||||
13 | enforcement agency; or that the firearms be turned | ||||||
14 | over to a third party who is lawfully eligible to | ||||||
15 | possess firearms, and who does not reside with | ||||||
16 | respondent. | ||||||
17 | (15) Prohibition of access to records. If a domestic | ||||||
18 | violence order of protection
prohibits respondent from | ||||||
19 | having contact with the minor child,
or if petitioner's | ||||||
20 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
21 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
22 | removal or
concealment of a minor child, the order shall | ||||||
23 | deny respondent access to, and
prohibit respondent from | ||||||
24 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
25 | school or any other records of the minor child
who is in | ||||||
26 | the care of petitioner.
|
| |||||||
| |||||||
1 | (16) Order for payment of shelter services. Order | ||||||
2 | respondent to
reimburse a shelter providing temporary | ||||||
3 | housing and counseling services to
the petitioner for the | ||||||
4 | cost of the services, as certified by the shelter
and | ||||||
5 | deemed reasonable by the court.
| ||||||
6 | (17) Order for injunctive relief. Enter injunctive | ||||||
7 | relief necessary
or appropriate to prevent further abuse | ||||||
8 | of a family or household member or
to effectuate one of the | ||||||
9 | granted remedies, if supported by the balance of
| ||||||
10 | hardships. If the harm to be prevented by the injunction | ||||||
11 | is abuse or any
other harm that one of the remedies listed | ||||||
12 | in paragraphs (1) through (16)
of this subsection is | ||||||
13 | designed to prevent, no further evidence is necessary
to | ||||||
14 | establish that the harm is an irreparable injury.
| ||||||
15 | (18) Telephone services. | ||||||
16 | (A) Unless a condition described in subparagraph | ||||||
17 | (B) of this paragraph exists, the court may, upon | ||||||
18 | request by the petitioner, order a wireless telephone | ||||||
19 | service provider to transfer to the petitioner the | ||||||
20 | right to continue to use a telephone number or numbers | ||||||
21 | indicated by the petitioner and the financial | ||||||
22 | responsibility associated with the number or numbers, | ||||||
23 | as set forth in subparagraph (C) of this paragraph. In | ||||||
24 | this paragraph (18), the term "wireless telephone | ||||||
25 | service provider" means a provider of commercial | ||||||
26 | mobile service as defined in 47 U.S.C. 332. The |
| |||||||
| |||||||
1 | petitioner may request the transfer of each telephone | ||||||
2 | number that the petitioner, or a minor child in his or | ||||||
3 | her custody, uses. The clerk of the court shall serve | ||||||
4 | the order on the wireless telephone service provider's | ||||||
5 | agent for service of process provided to the Illinois | ||||||
6 | Commerce Commission. The order shall contain all of | ||||||
7 | the following: | ||||||
8 | (i) The name and billing telephone number of | ||||||
9 | the account holder including the name of the | ||||||
10 | wireless telephone service provider that serves | ||||||
11 | the account. | ||||||
12 | (ii) Each telephone number that will be | ||||||
13 | transferred. | ||||||
14 | (iii) A statement that the provider transfers | ||||||
15 | to the petitioner all financial responsibility for | ||||||
16 | and right to the use of any telephone number | ||||||
17 | transferred under this paragraph. | ||||||
18 | (B) A wireless telephone service provider shall | ||||||
19 | terminate the respondent's use of, and shall transfer | ||||||
20 | to the petitioner use of, the telephone number or | ||||||
21 | numbers indicated in subparagraph (A) of this | ||||||
22 | paragraph unless it notifies the petitioner, within 72 | ||||||
23 | hours after it receives the order, that one of the | ||||||
24 | following applies: | ||||||
25 | (i) The account holder named in the order has | ||||||
26 | terminated the account. |
| |||||||
| |||||||
1 | (ii) A difference in network technology would | ||||||
2 | prevent or impair the functionality of a device on | ||||||
3 | a network if the transfer occurs. | ||||||
4 | (iii) The transfer would cause a geographic or | ||||||
5 | other limitation on network or service provision | ||||||
6 | to the petitioner. | ||||||
7 | (iv) Another technological or operational | ||||||
8 | issue would prevent or impair the use of the | ||||||
9 | telephone number if the transfer occurs. | ||||||
10 | (C) The petitioner assumes all financial | ||||||
11 | responsibility for and right to the use of any | ||||||
12 | telephone number transferred under this paragraph. In | ||||||
13 | this paragraph, "financial responsibility" includes | ||||||
14 | monthly service costs and costs associated with any | ||||||
15 | mobile device associated with the number. | ||||||
16 | (D) A wireless telephone service provider may | ||||||
17 | apply to the petitioner its routine and customary | ||||||
18 | requirements for establishing an account or | ||||||
19 | transferring a number, including requiring the | ||||||
20 | petitioner to provide proof of identification, | ||||||
21 | financial information, and customer preferences.
| ||||||
22 | (E) Except for willful or wanton misconduct, a | ||||||
23 | wireless telephone service provider is immune from | ||||||
24 | civil liability for its actions taken in compliance | ||||||
25 | with a court order issued under this paragraph. | ||||||
26 | (F) All wireless service providers that provide |
| |||||||
| |||||||
1 | services to residential customers shall provide to the | ||||||
2 | Illinois Commerce Commission the name and address of | ||||||
3 | an agent for service of orders entered under this | ||||||
4 | paragraph (18). Any change in status of the registered | ||||||
5 | agent must be reported to the Illinois Commerce | ||||||
6 | Commission within 30 days of such change. | ||||||
7 | (G) The Illinois Commerce Commission shall | ||||||
8 | maintain the list of registered agents for service for | ||||||
9 | each wireless telephone service provider on the | ||||||
10 | Commission's website. The Commission may consult with | ||||||
11 | wireless telephone service providers and the Circuit | ||||||
12 | Court Clerks on the manner in which this information | ||||||
13 | is provided and displayed. | ||||||
14 | (c) Relevant factors; findings.
| ||||||
15 | (1) In determining whether to grant a
specific remedy, | ||||||
16 | other than payment of support, the
court shall consider | ||||||
17 | relevant factors, including, but not limited to, the
| ||||||
18 | following:
| ||||||
19 | (i) the nature, frequency, severity, pattern, and | ||||||
20 | consequences of the
respondent's past abuse of the | ||||||
21 | petitioner or any family or household
member, | ||||||
22 | including the concealment of his or her location in | ||||||
23 | order to evade
service of process or notice, and the | ||||||
24 | likelihood of danger of future abuse to
petitioner or
| ||||||
25 | any member of petitioner's or respondent's family or | ||||||
26 | household; and
|
| |||||||
| |||||||
1 | (ii) the danger that any minor child will be | ||||||
2 | abused or neglected or
improperly relocated from the | ||||||
3 | jurisdiction, improperly concealed within the
State, | ||||||
4 | or improperly separated from the child's primary | ||||||
5 | caretaker.
| ||||||
6 | (2) In comparing relative hardships resulting to the | ||||||
7 | parties from loss
of possession of the family home, the | ||||||
8 | court shall consider relevant
factors, including, but not | ||||||
9 | limited to, the following:
| ||||||
10 | (i) availability, accessibility, cost, safety, | ||||||
11 | adequacy, location, and other
characteristics of | ||||||
12 | alternate housing for each party and any minor child | ||||||
13 | or
dependent adult in the party's care;
| ||||||
14 | (ii) the effect on the party's employment; and
| ||||||
15 | (iii) the effect on the relationship of the party, | ||||||
16 | and any minor
child or dependent adult in the party's | ||||||
17 | care, to family, school, church,
and community.
| ||||||
18 | (3) Subject to the exceptions set forth in paragraph | ||||||
19 | (4) of this
subsection (c), the court shall make its | ||||||
20 | findings in an official record or in
writing, and shall at | ||||||
21 | a minimum set forth the following:
| ||||||
22 | (i) That the court has considered the applicable | ||||||
23 | relevant factors
described in paragraphs (1) and (2) | ||||||
24 | of this subsection (c).
| ||||||
25 | (ii) Whether the conduct or actions of respondent, | ||||||
26 | unless
prohibited, will likely cause irreparable harm |
| |||||||
| |||||||
1 | or continued abuse.
| ||||||
2 | (iii) Whether it is necessary to grant the | ||||||
3 | requested relief in order
to protect petitioner or | ||||||
4 | other alleged abused persons.
| ||||||
5 | (4) (Blank).
| ||||||
6 | (5) Never married parties. No rights or | ||||||
7 | responsibilities for a minor
child born outside of | ||||||
8 | marriage attach to a putative father until a father and
| ||||||
9 | child relationship has been established under the Illinois | ||||||
10 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
11 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
12 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
13 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
14 | the Expedited Child Support Act of 1990, any judicial, | ||||||
15 | administrative, or other act of another state or | ||||||
16 | territory, any other statute of this State, or by any | ||||||
17 | foreign nation establishing the father and child | ||||||
18 | relationship, any other proceeding substantially in | ||||||
19 | conformity with the federal Personal Responsibility and | ||||||
20 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
21 | parties appeared in open court or at an administrative | ||||||
22 | hearing acknowledging under oath or admitting by | ||||||
23 | affirmation the existence of a father and child | ||||||
24 | relationship. Absent such an adjudication, no putative | ||||||
25 | father shall be granted
temporary allocation of parental | ||||||
26 | responsibilities, including parenting time with the minor |
| |||||||
| |||||||
1 | child, or
physical care
and possession of the minor child, | ||||||
2 | nor shall
an order of payment for support of the minor | ||||||
3 | child be entered.
| ||||||
4 | (d) Balance of hardships; findings. If the court finds | ||||||
5 | that the balance
of hardships does not support the granting of | ||||||
6 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
7 | subsection (b) of this Section,
which may require such | ||||||
8 | balancing, the court's findings shall so
indicate and shall | ||||||
9 | include a finding as to whether granting the remedy will
| ||||||
10 | result in hardship to respondent that would substantially | ||||||
11 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
12 | The findings shall be an official record or in
writing.
| ||||||
13 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
14 | based, in
whole or in part, on evidence that:
| ||||||
15 | (1) respondent has cause for any use of force, unless | ||||||
16 | that cause
satisfies the standards for justifiable use of | ||||||
17 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
18 | (2) respondent was voluntarily intoxicated;
| ||||||
19 | (3) petitioner acted in self-defense or defense of | ||||||
20 | another, provided
that, if petitioner utilized force, such | ||||||
21 | force was justifiable under
Article 7 of the Criminal Code | ||||||
22 | of 2012;
| ||||||
23 | (4) petitioner did not act in self-defense or defense | ||||||
24 | of another;
| ||||||
25 | (5) petitioner left the residence or household to | ||||||
26 | avoid further abuse
by respondent;
|
| |||||||
| |||||||
1 | (6) petitioner did not leave the residence or | ||||||
2 | household to avoid further
abuse by respondent; or
| ||||||
3 | (7) conduct by any family or household member excused | ||||||
4 | the abuse by
respondent, unless that same conduct would | ||||||
5 | have excused such abuse if the
parties had not been family | ||||||
6 | or household members.
| ||||||
7 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
8 | 102-538, eff. 8-20-21; revised 11-2-21.)
| ||||||
9 | (725 ILCS 5/112A-14.7) | ||||||
10 | Sec. 112A-14.7. Stalking no contact order; remedies. | ||||||
11 | (a) The court may order any of the remedies listed in this | ||||||
12 | Section. The remedies listed in this Section shall be in | ||||||
13 | addition to other civil or criminal remedies available to | ||||||
14 | petitioner.
A stalking no contact order shall order one or | ||||||
15 | more of the following: | ||||||
16 | (1) prohibit the respondent from threatening to
commit | ||||||
17 | or committing stalking; | ||||||
18 | (2) order the respondent not to have any contact with
| ||||||
19 | the petitioner or a third person specifically named by the | ||||||
20 | court; | ||||||
21 | (3) prohibit the respondent from knowingly coming
| ||||||
22 | within, or knowingly remaining within a specified distance | ||||||
23 | of the petitioner or the petitioner's residence, school, | ||||||
24 | daycare, or place of employment, or any specified place | ||||||
25 | frequented by the petitioner; however, the court may order |
| |||||||
| |||||||
1 | the respondent to stay away from the respondent's own | ||||||
2 | residence, school, or place of employment only if the | ||||||
3 | respondent has been provided actual notice of the | ||||||
4 | opportunity to appear and be heard on the petition; | ||||||
5 | (4) prohibit the respondent from possessing a
Firearm | ||||||
6 | Owners Identification Card, or possessing or buying | ||||||
7 | firearms; and | ||||||
8 | (5) order other injunctive relief the court
determines | ||||||
9 | to be necessary to protect the petitioner or third party | ||||||
10 | specifically named by the court. | ||||||
11 | (b) When the petitioner and the respondent attend the same | ||||||
12 | public, private, or non-public elementary, middle, or high | ||||||
13 | school, the court when issuing a stalking no contact order and | ||||||
14 | providing relief shall consider the severity of the act, any | ||||||
15 | continuing physical danger or emotional distress to the | ||||||
16 | petitioner, the educational rights guaranteed to the | ||||||
17 | petitioner and respondent under federal and State law, the | ||||||
18 | availability of a transfer of the respondent to another | ||||||
19 | school, a change of placement or a change of program of the | ||||||
20 | respondent, the expense, difficulty, and educational | ||||||
21 | disruption that would be caused by a transfer of the | ||||||
22 | respondent to another school, and any other relevant facts of | ||||||
23 | the case. The court may order that the respondent not attend | ||||||
24 | the public, private, or non-public elementary, middle, or high | ||||||
25 | school attended by the petitioner, order that the respondent | ||||||
26 | accept a change of placement or program, as determined by the |
| |||||||
| |||||||
1 | school district or private or non-public school, or place | ||||||
2 | restrictions on the respondent's movements within the school | ||||||
3 | attended by the petitioner. The respondent bears the burden of | ||||||
4 | proving by a preponderance of the evidence that a transfer, | ||||||
5 | change of placement, or change of program of the respondent is | ||||||
6 | not available. The respondent also bears the burden of | ||||||
7 | production with respect to the expense, difficulty, and | ||||||
8 | educational disruption that would be caused by a transfer of | ||||||
9 | the respondent to another school. A transfer, change of | ||||||
10 | placement, or change of program is not unavailable to the | ||||||
11 | respondent solely on the ground that the respondent does not | ||||||
12 | agree with the school district's or private or non-public | ||||||
13 | school's transfer, change of placement, or change of program | ||||||
14 | or solely on the ground that the respondent fails or refuses to | ||||||
15 | consent to or otherwise does not take an action required to | ||||||
16 | effectuate a transfer, change of placement, or change of | ||||||
17 | program. When a court orders a respondent to stay away from the | ||||||
18 | public, private, or non-public school attended by the | ||||||
19 | petitioner and the respondent requests a transfer to another | ||||||
20 | attendance center within the respondent's school district or | ||||||
21 | private or non-public school, the school district or private | ||||||
22 | or non-public school shall have sole discretion to determine | ||||||
23 | the attendance center to which the respondent is transferred. | ||||||
24 | If the court order results in a transfer of the minor | ||||||
25 | respondent to another attendance center, a change in the | ||||||
26 | respondent's placement, or a change of the respondent's |
| |||||||
| |||||||
1 | program, the parents, guardian, or legal custodian of the | ||||||
2 | respondent is responsible for transportation and other costs | ||||||
3 | associated with the transfer or change. | ||||||
4 | (c) The court may order the parents, guardian, or legal | ||||||
5 | custodian of a minor respondent to take certain actions or to | ||||||
6 | refrain from taking certain actions to ensure that the | ||||||
7 | respondent complies with the order. If the court orders a | ||||||
8 | transfer of the respondent to another school, the parents, | ||||||
9 | guardian, or legal custodian of the respondent are responsible | ||||||
10 | for transportation and other costs associated with the change | ||||||
11 | of school by the respondent. | ||||||
12 | (d) The court shall not hold a school district or private | ||||||
13 | or non-public school or any of its employees in civil or | ||||||
14 | criminal contempt unless the school district or private or | ||||||
15 | non-public school has been allowed to intervene. | ||||||
16 | (e) The court may hold the parents, guardian, or legal | ||||||
17 | custodian of a minor respondent in civil or criminal contempt | ||||||
18 | for a violation of any provision of any order entered under | ||||||
19 | this Article for conduct of the minor respondent in violation | ||||||
20 | of this Article if the parents, guardian, or legal custodian | ||||||
21 | directed, encouraged, or assisted the respondent minor in the | ||||||
22 | conduct. | ||||||
23 | (f) Monetary damages are not recoverable as a remedy. | ||||||
24 | (g) If the stalking no contact order prohibits the | ||||||
25 | respondent from possessing a Firearm Owner's Identification | ||||||
26 | Card, or possessing or buying firearms; the court shall |
| |||||||
| |||||||
1 | confiscate the respondent's firearms and firearm ammunition | ||||||
2 | Firearm Owner's Identification Card and immediately return the | ||||||
3 | card to the Illinois State Police Firearm Owner's | ||||||
4 | Identification Card Office .
| ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
6 | Section 90. The Unified Code of Corrections is amended by | ||||||
7 | changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as | ||||||
8 | follows: | ||||||
9 | (730 ILCS 5/5-4.5-110) | ||||||
10 | (Section scheduled to be repealed on January 1, 2023) | ||||||
11 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
12 | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||||||
13 | (a) DEFINITIONS. For the purposes of this Section: | ||||||
14 | "Firearm" has the meaning ascribed to it in Section | ||||||
15 | 2-7.5 of the Criminal Code of 2012 Section 1.1 of the | ||||||
16 | Firearm Owners Identification Card Act . | ||||||
17 | "Qualifying predicate offense" means the following | ||||||
18 | offenses under the Criminal Code of 2012: | ||||||
19 | (A) aggravated unlawful use of a weapon under | ||||||
20 | Section 24-1.6 or similar offense under the Criminal | ||||||
21 | Code of 1961, when the weapon is a firearm; | ||||||
22 | (B) unlawful use or possession of a weapon by a | ||||||
23 | felon under Section 24-1.1 or similar offense under | ||||||
24 | the Criminal Code of 1961, when the
weapon is a |
| |||||||
| |||||||
1 | firearm; | ||||||
2 | (C) first degree murder under Section 9-1 or | ||||||
3 | similar offense under the Criminal Code of 1961; | ||||||
4 | (D) attempted first degree murder with a firearm | ||||||
5 | or similar offense under the Criminal Code of 1961; | ||||||
6 | (E) aggravated kidnapping with a firearm under | ||||||
7 | paragraph (6) or (7) of subsection (a) of Section 10-2 | ||||||
8 | or similar offense under the Criminal Code of 1961; | ||||||
9 | (F) aggravated battery with a firearm under | ||||||
10 | subsection (e) of Section 12-3.05 or similar offense | ||||||
11 | under the Criminal Code of 1961; | ||||||
12 | (G) aggravated criminal sexual assault under | ||||||
13 | Section 11-1.30 or similar offense under the Criminal | ||||||
14 | Code of 1961; | ||||||
15 | (H) predatory criminal sexual assault of a child | ||||||
16 | under Section 11-1.40 or similar offense under the | ||||||
17 | Criminal Code of 1961; | ||||||
18 | (I) armed robbery under Section 18-2 or similar | ||||||
19 | offense under the Criminal Code of 1961; | ||||||
20 | (J) vehicular hijacking under Section 18-3 or | ||||||
21 | similar offense under the Criminal Code of 1961; | ||||||
22 | (K) aggravated vehicular hijacking under Section | ||||||
23 | 18-4 or similar offense under the Criminal Code of | ||||||
24 | 1961; | ||||||
25 | (L) home invasion with a firearm under paragraph | ||||||
26 | (3), (4), or (5) of subsection (a) of Section 19-6 or |
| |||||||
| |||||||
1 | similar offense under the Criminal Code of 1961; | ||||||
2 | (M) aggravated discharge of a firearm under | ||||||
3 | Section 24-1.2 or similar offense under the Criminal | ||||||
4 | Code of 1961; | ||||||
5 | (N) aggravated discharge of a machine gun or a | ||||||
6 | firearm equipped with a device
designed or used for | ||||||
7 | silencing the report of a firearm under Section | ||||||
8 | 24-1.2-5 or similar offense under the Criminal Code of | ||||||
9 | 1961; | ||||||
10 | (0) unlawful use of firearm projectiles under | ||||||
11 | Section 24-2.1 or similar offense under the Criminal | ||||||
12 | Code of 1961; | ||||||
13 | (P) manufacture, sale, or transfer of bullets or | ||||||
14 | shells represented to be armor piercing
bullets, | ||||||
15 | dragon's breath shotgun shells, bolo shells, or | ||||||
16 | flechette shells under Section 24-2.2 or similar | ||||||
17 | offense under the Criminal Code of 1961; | ||||||
18 | (Q) unlawful sale or delivery of firearms under | ||||||
19 | Section 24-3 or similar offense under the Criminal | ||||||
20 | Code of 1961; | ||||||
21 | (R) unlawful discharge of firearm projectiles | ||||||
22 | under Section 24-3.2 or similar offense under the | ||||||
23 | Criminal Code of 1961; | ||||||
24 | (S) unlawful sale or delivery of firearms on | ||||||
25 | school premises of any school under Section 24-3.3 or | ||||||
26 | similar offense under the Criminal Code of 1961; |
| |||||||
| |||||||
1 | (T) unlawful purchase of a firearm under Section | ||||||
2 | 24-3.5 or similar offense under the Criminal Code of | ||||||
3 | 1961; | ||||||
4 | (U) use of a stolen firearm in the commission of an | ||||||
5 | offense under Section 24-3.7 or similar offense under | ||||||
6 | the Criminal Code of 1961; | ||||||
7 | (V) possession of a stolen firearm under Section | ||||||
8 | 24-3.8 or similar offense under the Criminal Code of | ||||||
9 | 1961; | ||||||
10 | (W) aggravated possession of a stolen firearm | ||||||
11 | under Section 24-3.9 or similar offense under the | ||||||
12 | Criminal Code of 1961; | ||||||
13 | (X) gunrunning under Section 24-3A or similar | ||||||
14 | offense under the Criminal Code of 1961; | ||||||
15 | (Y) defacing identification marks of firearms | ||||||
16 | under Section 24-5 or similar offense under the | ||||||
17 | Criminal Code of 1961; and | ||||||
18 | (Z) armed violence under Section 33A-2 or similar | ||||||
19 | offense under the Criminal Code of 1961. | ||||||
20 | (b) APPLICABILITY. For an offense committed on or after | ||||||
21 | the effective date of this amendatory Act of the 100th General | ||||||
22 | Assembly and before January 1, 2023, when a person is | ||||||
23 | convicted of unlawful use or possession of a weapon by a felon, | ||||||
24 | when the weapon is a firearm, or aggravated unlawful use of a | ||||||
25 | weapon, when the weapon is a firearm, after being previously | ||||||
26 | convicted of a qualifying predicate offense the person shall |
| |||||||
| |||||||
1 | be subject to the sentencing guidelines under this Section. | ||||||
2 | (c) SENTENCING GUIDELINES. | ||||||
3 | (1) When a person is convicted of unlawful use or | ||||||
4 | possession of a weapon by a felon, when the weapon is a | ||||||
5 | firearm, and that person has been previously convicted of | ||||||
6 | a qualifying predicate offense, the person shall be | ||||||
7 | sentenced to a term of imprisonment within the sentencing | ||||||
8 | range of not less than 7 years and not more than 14 years, | ||||||
9 | unless the court finds that a departure from the | ||||||
10 | sentencing guidelines under this paragraph is warranted | ||||||
11 | under subsection (d) of this Section. | ||||||
12 | (2) When a person is convicted of aggravated unlawful | ||||||
13 | use of a weapon, when the weapon is a firearm, and that | ||||||
14 | person has been previously convicted of a qualifying | ||||||
15 | predicate offense, the person shall be sentenced to a term | ||||||
16 | of imprisonment within the sentencing range of not less | ||||||
17 | than 6 years and not more than 7 years, unless the court | ||||||
18 | finds that a departure from the sentencing guidelines | ||||||
19 | under this paragraph is warranted under subsection (d) of | ||||||
20 | this Section. | ||||||
21 | (3) The sentencing guidelines in paragraphs (1) and | ||||||
22 | (2) of this subsection (c) apply only to offenses | ||||||
23 | committed on and after the effective date of this | ||||||
24 | amendatory Act of the 100th General Assembly and before | ||||||
25 | January 1, 2023. | ||||||
26 | (d) DEPARTURE FROM SENTENCING GUIDELINES. |
| |||||||
| |||||||
1 | (1) At the sentencing hearing conducted under Section | ||||||
2 | 5-4-1 of this Code, the court may depart from the
| ||||||
3 | sentencing guidelines provided in subsection (c) of this | ||||||
4 | Section and impose a sentence
otherwise authorized by law | ||||||
5 | for the offense if the court, after considering any factor | ||||||
6 | under paragraph (2) of this subsection (d) relevant to the | ||||||
7 | nature and
circumstances of the crime and to the history | ||||||
8 | and character of the defendant, finds on the record
| ||||||
9 | substantial and compelling justification that the sentence | ||||||
10 | within the sentencing guidelines would be unduly harsh and
| ||||||
11 | that a sentence otherwise authorized by law would be | ||||||
12 | consistent with public
safety and does not deprecate the | ||||||
13 | seriousness of the offense. | ||||||
14 | (2) In deciding whether to depart from the sentencing | ||||||
15 | guidelines under this paragraph, the court shall
consider: | ||||||
16 | (A) the age, immaturity, or limited mental | ||||||
17 | capacity of the defendant at the time of
commission of | ||||||
18 | the qualifying predicate or current offense, including | ||||||
19 | whether the defendant
was suffering from a mental or | ||||||
20 | physical condition insufficient to constitute a
| ||||||
21 | defense but significantly reduced the defendant's | ||||||
22 | culpability; | ||||||
23 | (B) the nature and circumstances of the qualifying | ||||||
24 | predicate offense; | ||||||
25 | (C) the time elapsed since the qualifying | ||||||
26 | predicate offense; |
| |||||||
| |||||||
1 | (D) the nature and circumstances of the current | ||||||
2 | offense; | ||||||
3 | (E) the defendant's prior criminal history; | ||||||
4 | (F) whether the defendant committed the qualifying | ||||||
5 | predicate or current offense under
specific and | ||||||
6 | credible duress, coercion, threat, or compulsion; | ||||||
7 | (G) whether the defendant aided in the | ||||||
8 | apprehension of another felon or testified
truthfully | ||||||
9 | on behalf of another prosecution of a felony; and | ||||||
10 | (H) whether departure is in the interest of the | ||||||
11 | person's rehabilitation, including employment or | ||||||
12 | educational or vocational training, after taking into | ||||||
13 | account any past rehabilitation efforts or | ||||||
14 | dispositions of probation or supervision, and the | ||||||
15 | defendant's cooperation or response to rehabilitation. | ||||||
16 | (3) When departing from the sentencing guidelines | ||||||
17 | under this Section, the court shall specify on the record, | ||||||
18 | the particular evidence, information, factor or factors, | ||||||
19 | or other reasons which led to the departure from the | ||||||
20 | sentencing guidelines. When departing from the sentencing | ||||||
21 | range in accordance with this subsection (d), the court | ||||||
22 | shall indicate on the sentencing order which departure | ||||||
23 | factor or factors outlined in paragraph (2) of this | ||||||
24 | subsection (d) led to the sentence imposed. The sentencing | ||||||
25 | order shall be filed with the clerk of the court and shall | ||||||
26 | be a public record. |
| |||||||
| |||||||
1 | (e) This Section is repealed on January 1, 2023.
| ||||||
2 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
3 | (730 ILCS 5/5-5-3)
| ||||||
4 | Sec. 5-5-3. Disposition.
| ||||||
5 | (a) (Blank).
| ||||||
6 | (b) (Blank).
| ||||||
7 | (c) (1) (Blank).
| ||||||
8 | (2) A period of probation, a term of periodic imprisonment | ||||||
9 | or
conditional discharge shall not be imposed for the | ||||||
10 | following offenses.
The court shall sentence the offender to | ||||||
11 | not less than the minimum term
of imprisonment set forth in | ||||||
12 | this Code for the following offenses, and
may order a fine or | ||||||
13 | restitution or both in conjunction with such term of
| ||||||
14 | imprisonment:
| ||||||
15 | (A) First degree murder where the death penalty is not | ||||||
16 | imposed.
| ||||||
17 | (B) Attempted first degree murder.
| ||||||
18 | (C) A Class X felony.
| ||||||
19 | (D) A violation of Section 401.1 or 407 of the
| ||||||
20 | Illinois Controlled Substances Act, or a violation of | ||||||
21 | subdivision (c)(1.5) of
Section 401 of that Act which | ||||||
22 | relates to more than 5 grams of a substance
containing | ||||||
23 | fentanyl or an analog thereof.
| ||||||
24 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
25 | of the Illinois Controlled Substances Act which relates to |
| |||||||
| |||||||
1 | 3 or more grams of a substance
containing heroin or an | ||||||
2 | analog thereof. | ||||||
3 | (E) (Blank).
| ||||||
4 | (F) A Class 1 or greater felony if the offender had | ||||||
5 | been convicted
of a Class 1 or greater felony, including | ||||||
6 | any state or federal conviction for an offense that | ||||||
7 | contained, at the time it was committed, the same elements | ||||||
8 | as an offense now (the date of the offense committed after | ||||||
9 | the prior Class 1 or greater felony) classified as a Class | ||||||
10 | 1 or greater felony, within 10 years of the date on which | ||||||
11 | the
offender
committed the offense for which he or she is | ||||||
12 | being sentenced, except as
otherwise provided in Section | ||||||
13 | 40-10 of the Substance Use Disorder Act.
| ||||||
14 | (F-3) A Class 2 or greater felony sex offense or | ||||||
15 | felony firearm offense if the offender had been convicted | ||||||
16 | of a Class 2 or greater felony, including any state or | ||||||
17 | federal conviction for an offense that contained, at the | ||||||
18 | time it was committed, the same elements as an offense now | ||||||
19 | (the date of the offense committed after the prior Class 2 | ||||||
20 | or greater felony) classified as a Class 2 or greater | ||||||
21 | felony, within 10 years of the date on which the offender | ||||||
22 | committed the offense for which he or she is being | ||||||
23 | sentenced, except as otherwise provided in Section 40-10 | ||||||
24 | of the Substance Use Disorder Act. | ||||||
25 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | for which imprisonment is prescribed in those Sections. | ||||||
2 | (G) Residential burglary, except as otherwise provided | ||||||
3 | in Section 40-10
of the Substance Use Disorder Act.
| ||||||
4 | (H) Criminal sexual assault.
| ||||||
5 | (I) Aggravated battery of a senior citizen as | ||||||
6 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
7 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012.
| ||||||
9 | (J) A forcible felony if the offense was related to | ||||||
10 | the activities of an
organized gang.
| ||||||
11 | Before July 1, 1994, for the purposes of this | ||||||
12 | paragraph, "organized
gang" means an association of 5 or | ||||||
13 | more persons, with an established hierarchy,
that | ||||||
14 | encourages members of the association to perpetrate crimes | ||||||
15 | or provides
support to the members of the association who | ||||||
16 | do commit crimes.
| ||||||
17 | Beginning July 1, 1994, for the purposes of this | ||||||
18 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
19 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
20 | Prevention Act.
| ||||||
21 | (K) Vehicular hijacking.
| ||||||
22 | (L) A second or subsequent conviction for the offense | ||||||
23 | of hate crime
when the underlying offense upon which the | ||||||
24 | hate crime is based is felony
aggravated
assault or felony | ||||||
25 | mob action.
| ||||||
26 | (M) A second or subsequent conviction for the offense |
| |||||||
| |||||||
1 | of institutional
vandalism if the damage to the property | ||||||
2 | exceeds $300.
| ||||||
3 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
4 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
5 | Identification Card Act committed before the effective | ||||||
6 | date of this amendatory Act of the 102nd General Assembly .
| ||||||
7 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
9 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
10 | or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
12 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
13 | of
Section 11-20.1 of the Criminal Code of 1961 or the
| ||||||
14 | Criminal Code of 2012 if the victim is a household or
| ||||||
15 | family member of the defendant. | ||||||
16 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
17 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
18 | Code of
1961 or the Criminal Code of 2012.
| ||||||
19 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
20 | of
1961 or the Criminal Code of 2012.
| ||||||
21 | (S) (Blank).
| ||||||
22 | (T) (Blank).
| ||||||
23 | (U) A second or subsequent violation of Section 6-303 | ||||||
24 | of the Illinois Vehicle Code committed while his or her | ||||||
25 | driver's license, permit, or privilege was revoked because | ||||||
26 | of a violation of Section 9-3 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012, relating to the offense of | ||||||
2 | reckless homicide, or a similar provision of a law of | ||||||
3 | another state.
| ||||||
4 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
5 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
6 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
7 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
8 | Code of 2012 when the victim is under 13 years of age and | ||||||
9 | the defendant has previously been convicted under the laws | ||||||
10 | of this State or any other state of the offense of child | ||||||
11 | pornography, aggravated child pornography, aggravated | ||||||
12 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
13 | predatory criminal sexual assault of a child, or any of | ||||||
14 | the offenses formerly known as rape, deviate sexual | ||||||
15 | assault, indecent liberties with a child, or aggravated | ||||||
16 | indecent liberties with a child where the victim was under | ||||||
17 | the age of 18 years or an offense that is substantially | ||||||
18 | equivalent to those offenses. | ||||||
19 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012.
| ||||||
21 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
23 | (Y) A conviction for unlawful possession of a firearm | ||||||
24 | by a street gang member when the firearm was loaded or | ||||||
25 | contained firearm ammunition. | ||||||
26 | (Z) A Class 1 felony committed while he or she was |
| |||||||
| |||||||
1 | serving a term of probation or conditional discharge for a | ||||||
2 | felony. | ||||||
3 | (AA) Theft of property exceeding $500,000 and not | ||||||
4 | exceeding $1,000,000 in value. | ||||||
5 | (BB) Laundering of criminally derived property of a | ||||||
6 | value exceeding
$500,000. | ||||||
7 | (CC) Knowingly selling, offering for sale, holding for | ||||||
8 | sale, or using 2,000 or more counterfeit items or | ||||||
9 | counterfeit items having a retail value in the aggregate | ||||||
10 | of $500,000 or more. | ||||||
11 | (DD) A conviction for aggravated assault under | ||||||
12 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
14 | firearm is aimed toward the person against whom the | ||||||
15 | firearm is being used. | ||||||
16 | (EE) A conviction for a violation of paragraph (2) of | ||||||
17 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
18 | 2012. | ||||||
19 | (3) (Blank).
| ||||||
20 | (4) A minimum term of imprisonment of not less than 10
| ||||||
21 | consecutive days or 30 days of community service shall be | ||||||
22 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
23 | the Illinois Vehicle Code.
| ||||||
24 | (4.1) (Blank).
| ||||||
25 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
26 | this subsection (c), a
minimum of
100 hours of community |
| |||||||
| |||||||
1 | service shall be imposed for a second violation of
Section | ||||||
2 | 6-303
of the Illinois Vehicle Code.
| ||||||
3 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
4 | hours of community
service, as determined by the court, shall
| ||||||
5 | be imposed for a second violation of subsection (c) of Section | ||||||
6 | 6-303 of the
Illinois Vehicle Code.
| ||||||
7 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
8 | (4.9) of this
subsection (c), a
minimum term of imprisonment | ||||||
9 | of 30 days or 300 hours of community service, as
determined by | ||||||
10 | the court, shall
be imposed
for a third or subsequent | ||||||
11 | violation of Section 6-303 of the Illinois Vehicle
Code. The | ||||||
12 | court may give credit toward the fulfillment of community | ||||||
13 | service hours for participation in activities and treatment as | ||||||
14 | determined by court services.
| ||||||
15 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
16 | imposed for a third violation of subsection (c) of
Section | ||||||
17 | 6-303 of the Illinois Vehicle Code.
| ||||||
18 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
19 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
20 | shall be imposed for a
fourth or subsequent violation of | ||||||
21 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
22 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
23 | consecutive days, or 300 hours of community service, shall be | ||||||
24 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
25 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
26 | of that Section.
|
| |||||||
| |||||||
1 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
2 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
3 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
4 | Section. The person's driving privileges shall be revoked for | ||||||
5 | a period of not less than 5 years from the date of his or her | ||||||
6 | release from prison.
| ||||||
7 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
8 | not more than 15 years shall be imposed for a third violation | ||||||
9 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
10 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
11 | person's driving privileges shall be revoked for the remainder | ||||||
12 | of his or her life.
| ||||||
13 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
14 | shall be imposed, and the person shall be eligible for an | ||||||
15 | extended term sentence, for a fourth or subsequent violation | ||||||
16 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
17 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
18 | person's driving privileges shall be revoked for the remainder | ||||||
19 | of his or her life.
| ||||||
20 | (5) The court may sentence a corporation or unincorporated
| ||||||
21 | association convicted of any offense to:
| ||||||
22 | (A) a period of conditional discharge;
| ||||||
23 | (B) a fine;
| ||||||
24 | (C) make restitution to the victim under Section 5-5-6 | ||||||
25 | of this Code.
| ||||||
26 | (5.1) In addition to any other penalties imposed, and |
| |||||||
| |||||||
1 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
2 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
3 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
4 | permit, or privileges
suspended for at least 90 days but not | ||||||
5 | more than one year, if the violation
resulted in damage to the | ||||||
6 | property of another person.
| ||||||
7 | (5.2) In addition to any other penalties imposed, and | ||||||
8 | except as provided in paragraph (5.3), a person convicted
of | ||||||
9 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
10 | Vehicle Code
shall have his or her driver's license, permit, | ||||||
11 | or privileges suspended for at
least 180 days but not more than | ||||||
12 | 2 years, if the violation resulted in injury
to
another | ||||||
13 | person.
| ||||||
14 | (5.3) In addition to any other penalties imposed, a person | ||||||
15 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
16 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
17 | permit, or privileges suspended for 2 years, if the violation | ||||||
18 | resulted in the
death of another person.
| ||||||
19 | (5.4) In addition to any other penalties imposed, a person | ||||||
20 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
21 | Code shall have his or her driver's license, permit, or | ||||||
22 | privileges suspended for 3 months and until he or she has paid | ||||||
23 | a reinstatement fee of $100. | ||||||
24 | (5.5) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
26 | Code during a period in which his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges were suspended for a previous violation | ||||||
2 | of that Section shall have his or her driver's license, | ||||||
3 | permit, or privileges suspended for an additional 6 months | ||||||
4 | after the expiration of the original 3-month suspension and | ||||||
5 | until he or she has paid a reinstatement fee of $100.
| ||||||
6 | (6) (Blank).
| ||||||
7 | (7) (Blank).
| ||||||
8 | (8) (Blank).
| ||||||
9 | (9) A defendant convicted of a second or subsequent | ||||||
10 | offense of ritualized
abuse of a child may be sentenced to a | ||||||
11 | term of natural life imprisonment.
| ||||||
12 | (10) (Blank).
| ||||||
13 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
14 | first offense
and $2,000 for a second or subsequent offense | ||||||
15 | upon a person convicted of or
placed on supervision for | ||||||
16 | battery when the individual harmed was a sports
official or | ||||||
17 | coach at any level of competition and the act causing harm to | ||||||
18 | the
sports
official or coach occurred within an athletic | ||||||
19 | facility or within the immediate vicinity
of the athletic | ||||||
20 | facility at which the sports official or coach was an active
| ||||||
21 | participant
of the athletic contest held at the athletic | ||||||
22 | facility. For the purposes of
this paragraph (11), "sports | ||||||
23 | official" means a person at an athletic contest
who enforces | ||||||
24 | the rules of the contest, such as an umpire or referee; | ||||||
25 | "athletic facility" means an indoor or outdoor playing field | ||||||
26 | or recreational area where sports activities are conducted;
|
| |||||||
| |||||||
1 | and "coach" means a person recognized as a coach by the | ||||||
2 | sanctioning
authority that conducted the sporting event. | ||||||
3 | (12) A person may not receive a disposition of court | ||||||
4 | supervision for a
violation of Section 5-16 of the Boat | ||||||
5 | Registration and Safety Act if that
person has previously | ||||||
6 | received a disposition of court supervision for a
violation of | ||||||
7 | that Section.
| ||||||
8 | (13) A person convicted of or placed on court supervision | ||||||
9 | for an assault or aggravated assault when the victim and the | ||||||
10 | offender are family or household members as defined in Section | ||||||
11 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
12 | of domestic battery or aggravated domestic battery may be | ||||||
13 | required to attend a Partner Abuse Intervention Program under | ||||||
14 | protocols set forth by the Illinois Department of Human | ||||||
15 | Services under such terms and conditions imposed by the court. | ||||||
16 | The costs of such classes shall be paid by the offender.
| ||||||
17 | (d) In any case in which a sentence originally imposed is | ||||||
18 | vacated,
the case shall be remanded to the trial court. The | ||||||
19 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
20 | Code
which may include evidence of the defendant's life, moral | ||||||
21 | character and
occupation during the time since the original | ||||||
22 | sentence was passed. The
trial court shall then impose | ||||||
23 | sentence upon the defendant. The trial
court may impose any | ||||||
24 | sentence which could have been imposed at the
original trial | ||||||
25 | subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||||||
26 | on appeal or on collateral attack due to the
failure of the |
| |||||||
| |||||||
1 | trier of fact at trial to determine beyond a reasonable doubt
| ||||||
2 | the
existence of a fact (other than a prior conviction) | ||||||
3 | necessary to increase the
punishment for the offense beyond | ||||||
4 | the statutory maximum otherwise applicable,
either the | ||||||
5 | defendant may be re-sentenced to a term within the range | ||||||
6 | otherwise
provided or, if the State files notice of its | ||||||
7 | intention to again seek the
extended sentence, the defendant | ||||||
8 | shall be afforded a new trial.
| ||||||
9 | (e) In cases where prosecution for
aggravated criminal | ||||||
10 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
12 | of a defendant
who was a family member of the victim at the | ||||||
13 | time of the commission of the
offense, the court shall | ||||||
14 | consider the safety and welfare of the victim and
may impose a | ||||||
15 | sentence of probation only where:
| ||||||
16 | (1) the court finds (A) or (B) or both are | ||||||
17 | appropriate:
| ||||||
18 | (A) the defendant is willing to undergo a court | ||||||
19 | approved counseling
program for a minimum duration of | ||||||
20 | 2 years; or
| ||||||
21 | (B) the defendant is willing to participate in a | ||||||
22 | court approved plan ,
including , but not limited to , | ||||||
23 | the defendant's:
| ||||||
24 | (i) removal from the household;
| ||||||
25 | (ii) restricted contact with the victim;
| ||||||
26 | (iii) continued financial support of the |
| |||||||
| |||||||
1 | family;
| ||||||
2 | (iv) restitution for harm done to the victim; | ||||||
3 | and
| ||||||
4 | (v) compliance with any other measures that | ||||||
5 | the court may
deem appropriate; and
| ||||||
6 | (2) the court orders the defendant to pay for the | ||||||
7 | victim's counseling
services, to the extent that the court | ||||||
8 | finds, after considering the
defendant's income and | ||||||
9 | assets, that the defendant is financially capable of
| ||||||
10 | paying for such services, if the victim was under 18 years | ||||||
11 | of age at the
time the offense was committed and requires | ||||||
12 | counseling as a result of the
offense.
| ||||||
13 | Probation may be revoked or modified pursuant to Section | ||||||
14 | 5-6-4; except
where the court determines at the hearing that | ||||||
15 | the defendant violated a
condition of his or her probation | ||||||
16 | restricting contact with the victim or
other family members or | ||||||
17 | commits another offense with the victim or other
family | ||||||
18 | members, the court shall revoke the defendant's probation and
| ||||||
19 | impose a term of imprisonment.
| ||||||
20 | For the purposes of this Section, "family member" and | ||||||
21 | "victim" shall have
the meanings ascribed to them in Section | ||||||
22 | 11-0.1 of the Criminal Code of
2012.
| ||||||
23 | (f) (Blank).
| ||||||
24 | (g) Whenever a defendant is convicted of an offense under | ||||||
25 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
26 | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| |||||||
| |||||||
1 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
2 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
3 | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
5 | testing to
determine whether the defendant has any sexually | ||||||
6 | transmissible disease,
including a test for infection with | ||||||
7 | human immunodeficiency virus (HIV) or
any other identified | ||||||
8 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
9 | Any such medical test shall be performed only by appropriately
| ||||||
10 | licensed medical practitioners and may include an analysis of | ||||||
11 | any bodily
fluids as well as an examination of the defendant's | ||||||
12 | person.
Except as otherwise provided by law, the results of | ||||||
13 | such test shall be kept
strictly confidential by all medical | ||||||
14 | personnel involved in the testing and must
be personally | ||||||
15 | delivered in a sealed envelope to the judge of the court in | ||||||
16 | which
the conviction was entered for the judge's inspection in | ||||||
17 | camera. Acting in
accordance with the best interests of the | ||||||
18 | victim and the public, the judge
shall have the discretion to | ||||||
19 | determine to whom, if anyone, the results of the
testing may be | ||||||
20 | revealed. The court shall notify the defendant
of the test | ||||||
21 | results. The court shall
also notify the victim if requested | ||||||
22 | by the victim, and if the victim is under
the age of 15 and if | ||||||
23 | requested by the victim's parents or legal guardian, the
court | ||||||
24 | shall notify the victim's parents or legal guardian of the | ||||||
25 | test
results.
The court shall provide information on the | ||||||
26 | availability of HIV testing
and counseling at Department of |
| |||||||
| |||||||
1 | Public Health facilities to all parties to
whom the results of | ||||||
2 | the testing are revealed and shall direct the State's
Attorney | ||||||
3 | to provide the information to the victim when possible.
The | ||||||
4 | court shall order that the cost of any such test
shall be paid | ||||||
5 | by the county and may be taxed as costs against the convicted
| ||||||
6 | defendant.
| ||||||
7 | (g-5) When an inmate is tested for an airborne | ||||||
8 | communicable disease, as
determined by the Illinois Department | ||||||
9 | of Public Health , including , but not
limited to , tuberculosis, | ||||||
10 | the results of the test shall be
personally delivered by the | ||||||
11 | warden or his or her designee in a sealed envelope
to the judge | ||||||
12 | of the court in which the inmate must appear for the judge's
| ||||||
13 | inspection in camera if requested by the judge. Acting in | ||||||
14 | accordance with the
best interests of those in the courtroom, | ||||||
15 | the judge shall have the discretion
to determine what if any | ||||||
16 | precautions need to be taken to prevent transmission
of the | ||||||
17 | disease in the courtroom.
| ||||||
18 | (h) Whenever a defendant is convicted of an offense under | ||||||
19 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
20 | defendant shall undergo
medical testing to determine whether | ||||||
21 | the defendant has been exposed to human
immunodeficiency virus | ||||||
22 | (HIV) or any other identified causative agent of
acquired | ||||||
23 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
24 | by
law, the results of such test shall be kept strictly | ||||||
25 | confidential by all
medical personnel involved in the testing | ||||||
26 | and must be personally delivered in a
sealed envelope to the |
| |||||||
| |||||||
1 | judge of the court in which the conviction was entered
for the | ||||||
2 | judge's inspection in camera. Acting in accordance with the | ||||||
3 | best
interests of the public, the judge shall have the | ||||||
4 | discretion to determine to
whom, if anyone, the results of the | ||||||
5 | testing may be revealed. The court shall
notify the defendant | ||||||
6 | of a positive test showing an infection with the human
| ||||||
7 | immunodeficiency virus (HIV). The court shall provide | ||||||
8 | information on the
availability of HIV testing and counseling | ||||||
9 | at Department of Public Health
facilities to all parties to | ||||||
10 | whom the results of the testing are revealed and
shall direct | ||||||
11 | the State's Attorney to provide the information to the victim | ||||||
12 | when
possible. The court shall order that the cost of any
such | ||||||
13 | test shall be paid by the county and may be taxed as costs | ||||||
14 | against the
convicted defendant.
| ||||||
15 | (i) All fines and penalties imposed under this Section for | ||||||
16 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
17 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
18 | any violation
of the Child Passenger Protection Act, or a | ||||||
19 | similar provision of a local
ordinance, shall be collected and | ||||||
20 | disbursed by the circuit
clerk as provided under the Criminal | ||||||
21 | and Traffic Assessment Act.
| ||||||
22 | (j) In cases when prosecution for any violation of Section | ||||||
23 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
24 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
25 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
26 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| |||||||
| |||||||
1 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012, any violation of the Illinois Controlled | ||||||
3 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
4 | any violation of the Methamphetamine Control and Community | ||||||
5 | Protection Act results in conviction, a
disposition of court | ||||||
6 | supervision, or an order of probation granted under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substances Act, or Section 70 of the | ||||||
9 | Methamphetamine Control and Community Protection Act of a | ||||||
10 | defendant, the court shall determine whether the
defendant is | ||||||
11 | employed by a facility or center as defined under the Child | ||||||
12 | Care
Act of 1969, a public or private elementary or secondary | ||||||
13 | school, or otherwise
works with children under 18 years of age | ||||||
14 | on a daily basis. When a defendant
is so employed, the court | ||||||
15 | shall order the Clerk of the Court to send a copy of
the | ||||||
16 | judgment of conviction or order of supervision or probation to | ||||||
17 | the
defendant's employer by certified mail.
If the employer of | ||||||
18 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
19 | the mailing of a copy of the judgment of conviction or order of
| ||||||
20 | supervision or probation to the appropriate regional | ||||||
21 | superintendent of schools.
The regional superintendent of | ||||||
22 | schools shall notify the State Board of
Education of any | ||||||
23 | notification under this subsection.
| ||||||
24 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
25 | of a felony and
who has not been previously convicted of a | ||||||
26 | misdemeanor or felony and who is
sentenced to a term of |
| |||||||
| |||||||
1 | imprisonment in the Illinois Department of Corrections
shall | ||||||
2 | as a condition of his or her sentence be required by the court | ||||||
3 | to attend
educational courses designed to prepare the | ||||||
4 | defendant for a high school diploma
and to work toward a high | ||||||
5 | school diploma or to work toward passing high school | ||||||
6 | equivalency testing or to work toward
completing a vocational | ||||||
7 | training program offered by the Department of
Corrections. If | ||||||
8 | a defendant fails to complete the educational training
| ||||||
9 | required by his or her sentence during the term of | ||||||
10 | incarceration, the Prisoner
Review Board shall, as a condition | ||||||
11 | of mandatory supervised release, require the
defendant, at his | ||||||
12 | or her own expense, to pursue a course of study toward a high
| ||||||
13 | school diploma or passage of high school equivalency testing. | ||||||
14 | The Prisoner Review Board shall
revoke the mandatory | ||||||
15 | supervised release of a defendant who wilfully fails to
comply | ||||||
16 | with this subsection (j-5) upon his or her release from | ||||||
17 | confinement in a
penal institution while serving a mandatory | ||||||
18 | supervised release term; however,
the inability of the | ||||||
19 | defendant after making a good faith effort to obtain
financial | ||||||
20 | aid or pay for the educational training shall not be deemed a | ||||||
21 | wilful
failure to comply. The Prisoner Review Board shall | ||||||
22 | recommit the defendant
whose mandatory supervised release term | ||||||
23 | has been revoked under this subsection
(j-5) as provided in | ||||||
24 | Section 3-3-9. This subsection (j-5) does not apply to a
| ||||||
25 | defendant who has a high school diploma or has successfully | ||||||
26 | passed high school equivalency testing. This subsection (j-5) |
| |||||||
| |||||||
1 | does not apply to a defendant who is determined by
the court to | ||||||
2 | be a person with a developmental disability or otherwise | ||||||
3 | mentally incapable of
completing the educational or vocational | ||||||
4 | program.
| ||||||
5 | (k) (Blank).
| ||||||
6 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
7 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
8 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
9 | misdemeanor offense, the court after sentencing the defendant
| ||||||
10 | may, upon motion of the State's Attorney, hold sentence in | ||||||
11 | abeyance and remand
the defendant to the custody of the | ||||||
12 | Attorney General of
the United States or his or her designated | ||||||
13 | agent to be deported when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under the | ||||||
16 | Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct and | ||||||
19 | would not be inconsistent with the ends of
justice.
| ||||||
20 | Otherwise, the defendant shall be sentenced as provided in | ||||||
21 | this Chapter V.
| ||||||
22 | (B) If the defendant has already been sentenced for a | ||||||
23 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
24 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
25 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
26 | Methamphetamine Control and Community Protection Act, the |
| |||||||
| |||||||
1 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
2 | sentence imposed, commit the defendant to the custody of the | ||||||
3 | Attorney General
of the United States or his or her designated | ||||||
4 | agent when:
| ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant
pursuant to proceedings under the | ||||||
7 | Immigration and Nationality Act, and
| ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness
of the defendant's conduct and | ||||||
10 | would not be inconsistent with the ends of
justice.
| ||||||
11 | (C) This subsection (l) does not apply to offenders who | ||||||
12 | are subject to the
provisions of paragraph (2) of subsection | ||||||
13 | (a) of Section 3-6-3.
| ||||||
14 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
15 | sentenced under
this Section returns to the jurisdiction of | ||||||
16 | the United States, the defendant
shall be recommitted to the | ||||||
17 | custody of the county from which he or she was
sentenced.
| ||||||
18 | Thereafter, the defendant shall be brought before the | ||||||
19 | sentencing court, which
may impose any sentence that was | ||||||
20 | available under Section 5-5-3 at the time of
initial | ||||||
21 | sentencing. In addition, the defendant shall not be eligible | ||||||
22 | for
additional earned sentence credit as provided under
| ||||||
23 | Section 3-6-3.
| ||||||
24 | (m) A person convicted of criminal defacement of property | ||||||
25 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, in which the property damage exceeds |
| |||||||
| |||||||
1 | $300
and the property damaged is a school building, shall be | ||||||
2 | ordered to perform
community service that may include cleanup, | ||||||
3 | removal, or painting over the
defacement.
| ||||||
4 | (n) The court may sentence a person convicted of a | ||||||
5 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
6 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
8 | incarceration program if the person is otherwise eligible for | ||||||
9 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
10 | or (iii) if the person has a substance use disorder, as defined
| ||||||
11 | in the Substance Use Disorder Act, to a treatment program
| ||||||
12 | licensed under that Act. | ||||||
13 | (o) Whenever a person is convicted of a sex offense as | ||||||
14 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
15 | defendant's driver's license or permit shall be subject to | ||||||
16 | renewal on an annual basis in accordance with the provisions | ||||||
17 | of license renewal established by the Secretary of State.
| ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | ||||||
19 | 102-531, eff. 1-1-22; revised 10-12-21.)
| ||||||
20 | (730 ILCS 5/5-5-3.2)
| ||||||
21 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
22 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
23 | sentencing.
| ||||||
24 | (a) The following factors shall be accorded weight in | ||||||
25 | favor of
imposing a term of imprisonment or may be considered |
| |||||||
| |||||||
1 | by the court as reasons
to impose a more severe sentence under | ||||||
2 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
3 | (1) the defendant's conduct caused or threatened | ||||||
4 | serious harm;
| ||||||
5 | (2) the defendant received compensation for committing | ||||||
6 | the offense;
| ||||||
7 | (3) the defendant has a history of prior delinquency | ||||||
8 | or criminal activity;
| ||||||
9 | (4) the defendant, by the duties of his office or by | ||||||
10 | his position,
was obliged to prevent the particular | ||||||
11 | offense committed or to bring
the offenders committing it | ||||||
12 | to justice;
| ||||||
13 | (5) the defendant held public office at the time of | ||||||
14 | the offense,
and the offense related to the conduct of | ||||||
15 | that office;
| ||||||
16 | (6) the defendant utilized his professional reputation | ||||||
17 | or
position in the community to commit the offense, or to | ||||||
18 | afford
him an easier means of committing it;
| ||||||
19 | (7) the sentence is necessary to deter others from | ||||||
20 | committing
the same crime;
| ||||||
21 | (8) the defendant committed the offense against a | ||||||
22 | person 60 years of age
or older or such person's property;
| ||||||
23 | (9) the defendant committed the offense against a | ||||||
24 | person who has a physical disability or such person's | ||||||
25 | property;
| ||||||
26 | (10) by reason of another individual's actual or |
| |||||||
| |||||||
1 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
2 | sexual orientation, physical or mental
disability, or | ||||||
3 | national origin, the defendant committed the offense | ||||||
4 | against (i)
the person or property
of that individual; | ||||||
5 | (ii) the person or property of a person who has an
| ||||||
6 | association with, is married to, or has a friendship with | ||||||
7 | the other individual;
or (iii) the person or property of a | ||||||
8 | relative (by blood or marriage) of a
person described in | ||||||
9 | clause (i) or (ii). For the purposes of this Section,
| ||||||
10 | "sexual orientation" has the meaning ascribed to it in | ||||||
11 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
12 | Rights Act;
| ||||||
13 | (11) the offense took place in a place of worship or on | ||||||
14 | the
grounds of a place of worship, immediately prior to, | ||||||
15 | during or immediately
following worship services. For | ||||||
16 | purposes of this subparagraph, "place of
worship" shall | ||||||
17 | mean any church, synagogue or other building, structure or
| ||||||
18 | place used primarily for religious worship;
| ||||||
19 | (12) the defendant was convicted of a felony committed | ||||||
20 | while he was
released on bail or his own recognizance | ||||||
21 | pending trial for a prior felony
and was convicted of such | ||||||
22 | prior felony, or the defendant was convicted of a
felony | ||||||
23 | committed while he was serving a period of probation,
| ||||||
24 | conditional discharge, or mandatory supervised release | ||||||
25 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
26 | (13) the defendant committed or attempted to commit a |
| |||||||
| |||||||
1 | felony while he
was wearing a bulletproof vest. For the | ||||||
2 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
3 | device which is designed for the purpose of
protecting the | ||||||
4 | wearer from bullets, shot or other lethal projectiles;
| ||||||
5 | (14) the defendant held a position of trust or | ||||||
6 | supervision such as, but
not limited to, family member as | ||||||
7 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
8 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
9 | relation to a victim under 18 years of age, and the | ||||||
10 | defendant committed an
offense in violation of Section | ||||||
11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
12 | 11-14.4 except for an offense that involves keeping a | ||||||
13 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
14 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
15 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012
against
that victim;
| ||||||
17 | (15) the defendant committed an offense related to the | ||||||
18 | activities of an
organized gang. For the purposes of this | ||||||
19 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
20 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
21 | Act;
| ||||||
22 | (16) the defendant committed an offense in violation | ||||||
23 | of one of the
following Sections while in a school, | ||||||
24 | regardless of the time of day or time of
year; on any | ||||||
25 | conveyance owned, leased, or contracted by a school to | ||||||
26 | transport
students to or from school or a school related |
| |||||||
| |||||||
1 | activity; on the real property
of a school; or on a public | ||||||
2 | way within 1,000 feet of the real property
comprising any | ||||||
3 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
4 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
5 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
6 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
7 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
8 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
9 | 1961 or the Criminal Code of 2012;
| ||||||
10 | (16.5) the defendant committed an offense in violation | ||||||
11 | of one of the
following Sections while in a day care | ||||||
12 | center, regardless of the time of day or
time of year; on | ||||||
13 | the real property of a day care center, regardless of the | ||||||
14 | time
of day or time of year; or on a public
way within | ||||||
15 | 1,000 feet of the real property comprising any day care | ||||||
16 | center,
regardless of the time of day or time of year:
| ||||||
17 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
18 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
19 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
20 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
21 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
22 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
23 | Criminal Code of 2012;
| ||||||
24 | (17) the defendant committed the offense by reason of | ||||||
25 | any person's
activity as a community policing volunteer or | ||||||
26 | to prevent any person from
engaging in activity as a |
| |||||||
| |||||||
1 | community policing volunteer. For the purpose of
this | ||||||
2 | Section, "community policing volunteer" has the meaning | ||||||
3 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
4 | 2012;
| ||||||
5 | (18) the defendant committed the offense in a nursing | ||||||
6 | home or on the
real
property comprising a nursing home. | ||||||
7 | For the purposes of this paragraph (18),
"nursing home" | ||||||
8 | means a skilled nursing
or intermediate long term care | ||||||
9 | facility that is subject to license by the
Illinois | ||||||
10 | Department of Public Health under the Nursing Home Care
| ||||||
11 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
12 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
13 | (19) the defendant was a federally licensed firearm | ||||||
14 | dealer
and
was
previously convicted of a violation of | ||||||
15 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
16 | Identification Card Act before its repeal by this | ||||||
17 | amendatory Act of the 102nd General Assembly and has now | ||||||
18 | committed either a felony
violation
of the Firearm Owners | ||||||
19 | Identification Card Act or an act of armed violence while
| ||||||
20 | armed
with a firearm; | ||||||
21 | (20) the defendant (i) committed the offense of | ||||||
22 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
23 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
24 | driving under the influence of alcohol, other drug or
| ||||||
25 | drugs, intoxicating compound or compounds or any | ||||||
26 | combination thereof under Section 11-501 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code or a similar provision of a local ordinance | ||||||
2 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
3 | miles per hour over the posted speed limit as provided in | ||||||
4 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
5 | (21) the defendant (i) committed the offense of | ||||||
6 | reckless driving or aggravated reckless driving under | ||||||
7 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
8 | operating a motor vehicle in excess of 20 miles per hour | ||||||
9 | over the posted speed limit as provided in Article VI of | ||||||
10 | Chapter 11 of the Illinois Vehicle Code; | ||||||
11 | (22) the defendant committed the offense against a | ||||||
12 | person that the defendant knew, or reasonably should have | ||||||
13 | known, was a member of the Armed Forces of the United | ||||||
14 | States serving on active duty. For purposes of this clause | ||||||
15 | (22), the term "Armed Forces" means any of the Armed | ||||||
16 | Forces of the United States, including a member of any | ||||||
17 | reserve component thereof or National Guard unit called to | ||||||
18 | active duty;
| ||||||
19 | (23)
the defendant committed the offense against a | ||||||
20 | person who was elderly or infirm or who was a person with a | ||||||
21 | disability by taking advantage of a family or fiduciary | ||||||
22 | relationship with the elderly or infirm person or person | ||||||
23 | with a disability;
| ||||||
24 | (24)
the defendant committed any offense under Section | ||||||
25 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012 and possessed 100 or more images;
|
| |||||||
| |||||||
1 | (25) the defendant committed the offense while the | ||||||
2 | defendant or the victim was in a train, bus, or other | ||||||
3 | vehicle used for public transportation; | ||||||
4 | (26) the defendant committed the offense of child | ||||||
5 | pornography or aggravated child pornography, specifically | ||||||
6 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
7 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
9 | solicited for, depicted in, or posed in any act of sexual | ||||||
10 | penetration or bound, fettered, or subject to sadistic, | ||||||
11 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
12 | and specifically including paragraph (1), (2), (3), (4), | ||||||
13 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
14 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
15 | engaged in, solicited for, depicted in, or posed in any | ||||||
16 | act of sexual penetration or bound, fettered, or subject | ||||||
17 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
18 | sexual context; | ||||||
19 | (27) the defendant committed the offense of first | ||||||
20 | degree murder, assault, aggravated assault, battery, | ||||||
21 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
22 | robbery against a person who was a veteran and the | ||||||
23 | defendant knew, or reasonably should have known, that the | ||||||
24 | person was a veteran performing duties as a representative | ||||||
25 | of a veterans' organization. For the purposes of this | ||||||
26 | paragraph (27), "veteran" means an Illinois resident who |
| |||||||
| |||||||
1 | has served as a member of the United States Armed Forces, a | ||||||
2 | member of the Illinois National Guard, or a member of the | ||||||
3 | United States Reserve Forces; and "veterans' organization" | ||||||
4 | means an organization comprised of members of
which | ||||||
5 | substantially all are individuals who are veterans or | ||||||
6 | spouses,
widows, or widowers of veterans, the primary | ||||||
7 | purpose of which is to
promote the welfare of its members | ||||||
8 | and to provide assistance to the general
public in such a | ||||||
9 | way as to confer a public benefit; | ||||||
10 | (28) the defendant committed the offense of assault, | ||||||
11 | aggravated assault, battery, aggravated battery, robbery, | ||||||
12 | armed robbery, or aggravated robbery against a person that | ||||||
13 | the defendant knew or reasonably should have known was a | ||||||
14 | letter carrier or postal worker while that person was | ||||||
15 | performing his or her duties delivering mail for the | ||||||
16 | United States Postal Service; | ||||||
17 | (29) the defendant committed the offense of criminal | ||||||
18 | sexual assault, aggravated criminal sexual assault, | ||||||
19 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
20 | against a victim with an intellectual disability, and the | ||||||
21 | defendant holds a position of trust, authority, or | ||||||
22 | supervision in relation to the victim; | ||||||
23 | (30) the defendant committed the offense of promoting | ||||||
24 | juvenile prostitution, patronizing a prostitute, or | ||||||
25 | patronizing a minor engaged in prostitution and at the | ||||||
26 | time of the commission of the offense knew that the |
| |||||||
| |||||||
1 | prostitute or minor engaged in prostitution was in the | ||||||
2 | custody or guardianship of the Department of Children and | ||||||
3 | Family Services; | ||||||
4 | (31) the defendant (i) committed the offense of | ||||||
5 | driving while under the influence of alcohol, other drug | ||||||
6 | or drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof in violation of Section 11-501 of the | ||||||
8 | Illinois Vehicle Code or a similar provision of a local | ||||||
9 | ordinance and (ii) the defendant during the commission of | ||||||
10 | the offense was driving his or her vehicle upon a roadway | ||||||
11 | designated for one-way traffic in the opposite direction | ||||||
12 | of the direction indicated by official traffic control | ||||||
13 | devices; | ||||||
14 | (32) the defendant committed the offense of reckless | ||||||
15 | homicide while committing a violation of Section 11-907 of | ||||||
16 | the Illinois Vehicle Code; | ||||||
17 | (33) the defendant was found guilty of an | ||||||
18 | administrative infraction related to an act or acts of | ||||||
19 | public indecency or sexual misconduct in the penal | ||||||
20 | institution. In this paragraph (33), "penal institution" | ||||||
21 | has the same meaning as in Section 2-14 of the Criminal | ||||||
22 | Code of 2012; or | ||||||
23 | (34) the defendant committed the offense of leaving | ||||||
24 | the scene of an accident in violation of subsection (b) of | ||||||
25 | Section 11-401 of the Illinois Vehicle Code and the | ||||||
26 | accident resulted in the death of a person and at the time |
| |||||||
| |||||||
1 | of the offense, the defendant was: (i) driving under the | ||||||
2 | influence of alcohol, other drug or drugs, intoxicating | ||||||
3 | compound or compounds or any combination thereof as | ||||||
4 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
5 | (ii) operating the motor vehicle while using an electronic | ||||||
6 | communication device as defined in Section 12-610.2 of the | ||||||
7 | Illinois Vehicle Code. | ||||||
8 | For the purposes of this Section:
| ||||||
9 | "School" is defined as a public or private
elementary or | ||||||
10 | secondary school, community college, college, or university.
| ||||||
11 | "Day care center" means a public or private State | ||||||
12 | certified and
licensed day care center as defined in Section | ||||||
13 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
14 | plain view stating that the
property is a day care center.
| ||||||
15 | "Intellectual disability" means significantly subaverage | ||||||
16 | intellectual functioning which exists concurrently
with | ||||||
17 | impairment in adaptive behavior. | ||||||
18 | "Public transportation" means the transportation
or | ||||||
19 | conveyance of persons by means available to the general | ||||||
20 | public, and includes paratransit services. | ||||||
21 | "Traffic control devices" means all signs, signals, | ||||||
22 | markings, and devices that conform to the Illinois Manual on | ||||||
23 | Uniform Traffic Control Devices, placed or erected by | ||||||
24 | authority of a public body or official having jurisdiction, | ||||||
25 | for the purpose of regulating, warning, or guiding traffic. | ||||||
26 | (b) The following factors, related to all felonies, may be |
| |||||||
| |||||||
1 | considered by the court as
reasons to impose an extended term | ||||||
2 | sentence under Section 5-8-2
upon any offender:
| ||||||
3 | (1) When a defendant is convicted of any felony, after | ||||||
4 | having
been previously convicted in Illinois or any other | ||||||
5 | jurisdiction of the
same or similar class felony or | ||||||
6 | greater class felony, when such conviction
has occurred | ||||||
7 | within 10 years after the
previous conviction, excluding | ||||||
8 | time spent in custody, and such charges are
separately | ||||||
9 | brought and tried and arise out of different series of | ||||||
10 | acts; or
| ||||||
11 | (2) When a defendant is convicted of any felony and | ||||||
12 | the court
finds that the offense was accompanied by | ||||||
13 | exceptionally brutal
or heinous behavior indicative of | ||||||
14 | wanton cruelty; or
| ||||||
15 | (3) When a defendant is convicted of any felony | ||||||
16 | committed against:
| ||||||
17 | (i) a person under 12 years of age at the time of | ||||||
18 | the offense or such
person's property;
| ||||||
19 | (ii) a person 60 years of age or older at the time | ||||||
20 | of the offense or
such person's property; or
| ||||||
21 | (iii) a person who had a physical disability at | ||||||
22 | the time of the offense or
such person's property; or
| ||||||
23 | (4) When a defendant is convicted of any felony and | ||||||
24 | the offense
involved any of the following types of | ||||||
25 | specific misconduct committed as
part of a ceremony, rite, | ||||||
26 | initiation, observance, performance, practice or
activity |
| |||||||
| |||||||
1 | of any actual or ostensible religious, fraternal, or | ||||||
2 | social group:
| ||||||
3 | (i) the brutalizing or torturing of humans or | ||||||
4 | animals;
| ||||||
5 | (ii) the theft of human corpses;
| ||||||
6 | (iii) the kidnapping of humans;
| ||||||
7 | (iv) the desecration of any cemetery, religious, | ||||||
8 | fraternal, business,
governmental, educational, or | ||||||
9 | other building or property; or
| ||||||
10 | (v) ritualized abuse of a child; or
| ||||||
11 | (5) When a defendant is convicted of a felony other | ||||||
12 | than conspiracy and
the court finds that
the felony was | ||||||
13 | committed under an agreement with 2 or more other persons
| ||||||
14 | to commit that offense and the defendant, with respect to | ||||||
15 | the other
individuals, occupied a position of organizer, | ||||||
16 | supervisor, financier, or any
other position of management | ||||||
17 | or leadership, and the court further finds that
the felony | ||||||
18 | committed was related to or in furtherance of the criminal
| ||||||
19 | activities of an organized gang or was motivated by the | ||||||
20 | defendant's leadership
in an organized gang; or
| ||||||
21 | (6) When a defendant is convicted of an offense | ||||||
22 | committed while using a firearm with a
laser sight | ||||||
23 | attached to it. For purposes of this paragraph, "laser | ||||||
24 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
25 | the Criminal Code of
2012; or
| ||||||
26 | (7) When a defendant who was at least 17 years of age |
| |||||||
| |||||||
1 | at the
time of
the commission of the offense is convicted | ||||||
2 | of a felony and has been previously
adjudicated a | ||||||
3 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
4 | an act
that if committed by an adult would be a Class X or | ||||||
5 | Class 1 felony when the
conviction has occurred within 10 | ||||||
6 | years after the previous adjudication,
excluding time | ||||||
7 | spent in custody; or
| ||||||
8 | (8) When a defendant commits any felony and the | ||||||
9 | defendant used, possessed, exercised control over, or | ||||||
10 | otherwise directed an animal to assault a law enforcement | ||||||
11 | officer engaged in the execution of his or her official | ||||||
12 | duties or in furtherance of the criminal activities of an | ||||||
13 | organized gang in which the defendant is engaged; or
| ||||||
14 | (9) When a defendant commits any felony and the | ||||||
15 | defendant knowingly video or audio records the offense | ||||||
16 | with the intent to disseminate the recording. | ||||||
17 | (c) The following factors may be considered by the court | ||||||
18 | as reasons to impose an extended term sentence under Section | ||||||
19 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
20 | offenses: | ||||||
21 | (1) When a defendant is convicted of first degree | ||||||
22 | murder, after having been previously convicted in Illinois | ||||||
23 | of any offense listed under paragraph (c)(2) of Section | ||||||
24 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
25 | occurred within 10 years after the previous conviction, | ||||||
26 | excluding time spent in custody, and the charges are |
| |||||||
| |||||||
1 | separately brought and tried and arise out of different | ||||||
2 | series of acts. | ||||||
3 | (1.5) When a defendant is convicted of first degree | ||||||
4 | murder, after having been previously convicted of domestic | ||||||
5 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
6 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
7 | having been previously convicted of violation of an order | ||||||
8 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
9 | was the protected person. | ||||||
10 | (2) When a defendant is convicted of voluntary | ||||||
11 | manslaughter, second degree murder, involuntary | ||||||
12 | manslaughter, or reckless homicide in which the defendant | ||||||
13 | has been convicted of causing the death of more than one | ||||||
14 | individual. | ||||||
15 | (3) When a defendant is convicted of aggravated | ||||||
16 | criminal sexual assault or criminal sexual assault, when | ||||||
17 | there is a finding that aggravated criminal sexual assault | ||||||
18 | or criminal sexual assault was also committed on the same | ||||||
19 | victim by one or more other individuals, and the defendant | ||||||
20 | voluntarily participated in the crime with the knowledge | ||||||
21 | of the participation of the others in the crime, and the | ||||||
22 | commission of the crime was part of a single course of | ||||||
23 | conduct during which there was no substantial change in | ||||||
24 | the nature of the criminal objective. | ||||||
25 | (4) If the victim was under 18 years of age at the time | ||||||
26 | of the commission of the offense, when a defendant is |
| |||||||
| |||||||
1 | convicted of aggravated criminal sexual assault or | ||||||
2 | predatory criminal sexual assault of a child under | ||||||
3 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
4 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
6 | (5) When a defendant is convicted of a felony | ||||||
7 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
9 | finding that the defendant is a member of an organized | ||||||
10 | gang. | ||||||
11 | (6) When a defendant was convicted of unlawful use of | ||||||
12 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
14 | a weapon that is not readily distinguishable as one of the | ||||||
15 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
17 | (7) When a defendant is convicted of an offense | ||||||
18 | involving the illegal manufacture of a controlled | ||||||
19 | substance under Section 401 of the Illinois Controlled | ||||||
20 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
21 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
22 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
23 | the illegal possession of explosives and an emergency | ||||||
24 | response officer in the performance of his or her duties | ||||||
25 | is killed or injured at the scene of the offense while | ||||||
26 | responding to the emergency caused by the commission of |
| |||||||
| |||||||
1 | the offense. In this paragraph, "emergency" means a | ||||||
2 | situation in which a person's life, health, or safety is | ||||||
3 | in jeopardy; and "emergency response officer" means a | ||||||
4 | peace officer, community policing volunteer, fireman, | ||||||
5 | emergency medical technician-ambulance, emergency medical | ||||||
6 | technician-intermediate, emergency medical | ||||||
7 | technician-paramedic, ambulance driver, other medical | ||||||
8 | assistance or first aid personnel, or hospital emergency | ||||||
9 | room personnel.
| ||||||
10 | (8) When the defendant is convicted of attempted mob | ||||||
11 | action, solicitation to commit mob action, or conspiracy | ||||||
12 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
13 | Criminal Code of 2012, where the criminal object is a | ||||||
14 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
15 | and an electronic communication is used in the commission | ||||||
16 | of the offense. For the purposes of this paragraph (8), | ||||||
17 | "electronic communication" shall have the meaning provided | ||||||
18 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
19 | (d) For the purposes of this Section, "organized gang" has | ||||||
20 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
21 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
22 | (e) The court may impose an extended term sentence under | ||||||
23 | Article 4.5 of Chapter V upon an offender who has been | ||||||
24 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
25 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
26 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | when the victim of the offense is under 18 years of age at the | ||||||
2 | time of the commission of the offense and, during the | ||||||
3 | commission of the offense, the victim was under the influence | ||||||
4 | of alcohol, regardless of whether or not the alcohol was | ||||||
5 | supplied by the offender; and the offender, at the time of the | ||||||
6 | commission of the offense, knew or should have known that the | ||||||
7 | victim had consumed alcohol. | ||||||
8 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
9 | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
10 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
11 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
12 | sentencing.
| ||||||
13 | (a) The following factors shall be accorded weight in | ||||||
14 | favor of
imposing a term of imprisonment or may be considered | ||||||
15 | by the court as reasons
to impose a more severe sentence under | ||||||
16 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
17 | (1) the defendant's conduct caused or threatened | ||||||
18 | serious harm;
| ||||||
19 | (2) the defendant received compensation for committing | ||||||
20 | the offense;
| ||||||
21 | (3) the defendant has a history of prior delinquency | ||||||
22 | or criminal activity;
| ||||||
23 | (4) the defendant, by the duties of his office or by | ||||||
24 | his position,
was obliged to prevent the particular | ||||||
25 | offense committed or to bring
the offenders committing it |
| |||||||
| |||||||
1 | to justice;
| ||||||
2 | (5) the defendant held public office at the time of | ||||||
3 | the offense,
and the offense related to the conduct of | ||||||
4 | that office;
| ||||||
5 | (6) the defendant utilized his professional reputation | ||||||
6 | or
position in the community to commit the offense, or to | ||||||
7 | afford
him an easier means of committing it;
| ||||||
8 | (7) the sentence is necessary to deter others from | ||||||
9 | committing
the same crime;
| ||||||
10 | (8) the defendant committed the offense against a | ||||||
11 | person 60 years of age
or older or such person's property;
| ||||||
12 | (9) the defendant committed the offense against a | ||||||
13 | person who has a physical disability or such person's | ||||||
14 | property;
| ||||||
15 | (10) by reason of another individual's actual or | ||||||
16 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
17 | sexual orientation, physical or mental
disability, or | ||||||
18 | national origin, the defendant committed the offense | ||||||
19 | against (i)
the person or property
of that individual; | ||||||
20 | (ii) the person or property of a person who has an
| ||||||
21 | association with, is married to, or has a friendship with | ||||||
22 | the other individual;
or (iii) the person or property of a | ||||||
23 | relative (by blood or marriage) of a
person described in | ||||||
24 | clause (i) or (ii). For the purposes of this Section,
| ||||||
25 | "sexual orientation" has the meaning ascribed to it in | ||||||
26 | paragraph (O-1) of Section 1-103 of the Illinois Human |
| |||||||
| |||||||
1 | Rights Act;
| ||||||
2 | (11) the offense took place in a place of worship or on | ||||||
3 | the
grounds of a place of worship, immediately prior to, | ||||||
4 | during or immediately
following worship services. For | ||||||
5 | purposes of this subparagraph, "place of
worship" shall | ||||||
6 | mean any church, synagogue or other building, structure or
| ||||||
7 | place used primarily for religious worship;
| ||||||
8 | (12) the defendant was convicted of a felony committed | ||||||
9 | while he was
on pretrial release or his own recognizance | ||||||
10 | pending trial for a prior felony
and was convicted of such | ||||||
11 | prior felony, or the defendant was convicted of a
felony | ||||||
12 | committed while he was serving a period of probation,
| ||||||
13 | conditional discharge, or mandatory supervised release | ||||||
14 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
15 | (13) the defendant committed or attempted to commit a | ||||||
16 | felony while he
was wearing a bulletproof vest. For the | ||||||
17 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
18 | device which is designed for the purpose of
protecting the | ||||||
19 | wearer from bullets, shot or other lethal projectiles;
| ||||||
20 | (14) the defendant held a position of trust or | ||||||
21 | supervision such as, but
not limited to, family member as | ||||||
22 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
23 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
24 | relation to a victim under 18 years of age, and the | ||||||
25 | defendant committed an
offense in violation of Section | ||||||
26 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
| |||||||
| |||||||
1 | 11-14.4 except for an offense that involves keeping a | ||||||
2 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
3 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
4 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012
against
that victim;
| ||||||
6 | (15) the defendant committed an offense related to the | ||||||
7 | activities of an
organized gang. For the purposes of this | ||||||
8 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
9 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
10 | Act;
| ||||||
11 | (16) the defendant committed an offense in violation | ||||||
12 | of one of the
following Sections while in a school, | ||||||
13 | regardless of the time of day or time of
year; on any | ||||||
14 | conveyance owned, leased, or contracted by a school to | ||||||
15 | transport
students to or from school or a school related | ||||||
16 | activity; on the real property
of a school; or on a public | ||||||
17 | way within 1,000 feet of the real property
comprising any | ||||||
18 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
19 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
20 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
21 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
22 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
23 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
24 | 1961 or the Criminal Code of 2012;
| ||||||
25 | (16.5) the defendant committed an offense in violation | ||||||
26 | of one of the
following Sections while in a day care |
| |||||||
| |||||||
1 | center, regardless of the time of day or
time of year; on | ||||||
2 | the real property of a day care center, regardless of the | ||||||
3 | time
of day or time of year; or on a public
way within | ||||||
4 | 1,000 feet of the real property comprising any day care | ||||||
5 | center,
regardless of the time of day or time of year:
| ||||||
6 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
7 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
8 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
9 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
10 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
11 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
12 | Criminal Code of 2012;
| ||||||
13 | (17) the defendant committed the offense by reason of | ||||||
14 | any person's
activity as a community policing volunteer or | ||||||
15 | to prevent any person from
engaging in activity as a | ||||||
16 | community policing volunteer. For the purpose of
this | ||||||
17 | Section, "community policing volunteer" has the meaning | ||||||
18 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
19 | 2012;
| ||||||
20 | (18) the defendant committed the offense in a nursing | ||||||
21 | home or on the
real
property comprising a nursing home. | ||||||
22 | For the purposes of this paragraph (18),
"nursing home" | ||||||
23 | means a skilled nursing
or intermediate long term care | ||||||
24 | facility that is subject to license by the
Illinois | ||||||
25 | Department of Public Health under the Nursing Home Care
| ||||||
26 | Act, the Specialized Mental Health Rehabilitation Act of |
| |||||||
| |||||||
1 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
2 | (19) the defendant was a federally licensed firearm | ||||||
3 | dealer
and
was
previously convicted of a violation of | ||||||
4 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
5 | Identification Card Act before its repeal by this | ||||||
6 | amendatory Act of the 102nd General Assembly and has now | ||||||
7 | committed either a felony
violation
of the Firearm Owners | ||||||
8 | Identification Card Act or an act of armed violence while
| ||||||
9 | armed
with a firearm; | ||||||
10 | (20) the defendant (i) committed the offense of | ||||||
11 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
13 | driving under the influence of alcohol, other drug or
| ||||||
14 | drugs, intoxicating compound or compounds or any | ||||||
15 | combination thereof under Section 11-501 of the Illinois | ||||||
16 | Vehicle Code or a similar provision of a local ordinance | ||||||
17 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
18 | miles per hour over the posted speed limit as provided in | ||||||
19 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
20 | (21) the defendant (i) committed the offense of | ||||||
21 | reckless driving or aggravated reckless driving under | ||||||
22 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
24 | over the posted speed limit as provided in Article VI of | ||||||
25 | Chapter 11 of the Illinois Vehicle Code; | ||||||
26 | (22) the defendant committed the offense against a |
| |||||||
| |||||||
1 | person that the defendant knew, or reasonably should have | ||||||
2 | known, was a member of the Armed Forces of the United | ||||||
3 | States serving on active duty. For purposes of this clause | ||||||
4 | (22), the term "Armed Forces" means any of the Armed | ||||||
5 | Forces of the United States, including a member of any | ||||||
6 | reserve component thereof or National Guard unit called to | ||||||
7 | active duty;
| ||||||
8 | (23)
the defendant committed the offense against a | ||||||
9 | person who was elderly or infirm or who was a person with a | ||||||
10 | disability by taking advantage of a family or fiduciary | ||||||
11 | relationship with the elderly or infirm person or person | ||||||
12 | with a disability;
| ||||||
13 | (24)
the defendant committed any offense under Section | ||||||
14 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012 and possessed 100 or more images;
| ||||||
16 | (25) the defendant committed the offense while the | ||||||
17 | defendant or the victim was in a train, bus, or other | ||||||
18 | vehicle used for public transportation; | ||||||
19 | (26) the defendant committed the offense of child | ||||||
20 | pornography or aggravated child pornography, specifically | ||||||
21 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
22 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
24 | solicited for, depicted in, or posed in any act of sexual | ||||||
25 | penetration or bound, fettered, or subject to sadistic, | ||||||
26 | masochistic, or sadomasochistic abuse in a sexual context |
| |||||||
| |||||||
1 | and specifically including paragraph (1), (2), (3), (4), | ||||||
2 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
3 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
4 | engaged in, solicited for, depicted in, or posed in any | ||||||
5 | act of sexual penetration or bound, fettered, or subject | ||||||
6 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
7 | sexual context; | ||||||
8 | (27) the defendant committed the offense of first | ||||||
9 | degree murder, assault, aggravated assault, battery, | ||||||
10 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
11 | robbery against a person who was a veteran and the | ||||||
12 | defendant knew, or reasonably should have known, that the | ||||||
13 | person was a veteran performing duties as a representative | ||||||
14 | of a veterans' organization. For the purposes of this | ||||||
15 | paragraph (27), "veteran" means an Illinois resident who | ||||||
16 | has served as a member of the United States Armed Forces, a | ||||||
17 | member of the Illinois National Guard, or a member of the | ||||||
18 | United States Reserve Forces; and "veterans' organization" | ||||||
19 | means an organization comprised of members of
which | ||||||
20 | substantially all are individuals who are veterans or | ||||||
21 | spouses,
widows, or widowers of veterans, the primary | ||||||
22 | purpose of which is to
promote the welfare of its members | ||||||
23 | and to provide assistance to the general
public in such a | ||||||
24 | way as to confer a public benefit; | ||||||
25 | (28) the defendant committed the offense of assault, | ||||||
26 | aggravated assault, battery, aggravated battery, robbery, |
| |||||||
| |||||||
1 | armed robbery, or aggravated robbery against a person that | ||||||
2 | the defendant knew or reasonably should have known was a | ||||||
3 | letter carrier or postal worker while that person was | ||||||
4 | performing his or her duties delivering mail for the | ||||||
5 | United States Postal Service; | ||||||
6 | (29) the defendant committed the offense of criminal | ||||||
7 | sexual assault, aggravated criminal sexual assault, | ||||||
8 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
9 | against a victim with an intellectual disability, and the | ||||||
10 | defendant holds a position of trust, authority, or | ||||||
11 | supervision in relation to the victim; | ||||||
12 | (30) the defendant committed the offense of promoting | ||||||
13 | juvenile prostitution, patronizing a prostitute, or | ||||||
14 | patronizing a minor engaged in prostitution and at the | ||||||
15 | time of the commission of the offense knew that the | ||||||
16 | prostitute or minor engaged in prostitution was in the | ||||||
17 | custody or guardianship of the Department of Children and | ||||||
18 | Family Services; | ||||||
19 | (31) the defendant (i) committed the offense of | ||||||
20 | driving while under the influence of alcohol, other drug | ||||||
21 | or drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof in violation of Section 11-501 of the | ||||||
23 | Illinois Vehicle Code or a similar provision of a local | ||||||
24 | ordinance and (ii) the defendant during the commission of | ||||||
25 | the offense was driving his or her vehicle upon a roadway | ||||||
26 | designated for one-way traffic in the opposite direction |
| |||||||
| |||||||
1 | of the direction indicated by official traffic control | ||||||
2 | devices; | ||||||
3 | (32) the defendant committed the offense of reckless | ||||||
4 | homicide while committing a violation of Section 11-907 of | ||||||
5 | the Illinois Vehicle Code; | ||||||
6 | (33) the defendant was found guilty of an | ||||||
7 | administrative infraction related to an act or acts of | ||||||
8 | public indecency or sexual misconduct in the penal | ||||||
9 | institution. In this paragraph (33), "penal institution" | ||||||
10 | has the same meaning as in Section 2-14 of the Criminal | ||||||
11 | Code of 2012; or | ||||||
12 | (34) the defendant committed the offense of leaving | ||||||
13 | the scene of an accident in violation of subsection (b) of | ||||||
14 | Section 11-401 of the Illinois Vehicle Code and the | ||||||
15 | accident resulted in the death of a person and at the time | ||||||
16 | of the offense, the defendant was: (i) driving under the | ||||||
17 | influence of alcohol, other drug or drugs, intoxicating | ||||||
18 | compound or compounds or any combination thereof as | ||||||
19 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
20 | (ii) operating the motor vehicle while using an electronic | ||||||
21 | communication device as defined in Section 12-610.2 of the | ||||||
22 | Illinois Vehicle Code. | ||||||
23 | For the purposes of this Section:
| ||||||
24 | "School" is defined as a public or private
elementary or | ||||||
25 | secondary school, community college, college, or university.
| ||||||
26 | "Day care center" means a public or private State |
| |||||||
| |||||||
1 | certified and
licensed day care center as defined in Section | ||||||
2 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
3 | plain view stating that the
property is a day care center.
| ||||||
4 | "Intellectual disability" means significantly subaverage | ||||||
5 | intellectual functioning which exists concurrently
with | ||||||
6 | impairment in adaptive behavior. | ||||||
7 | "Public transportation" means the transportation
or | ||||||
8 | conveyance of persons by means available to the general | ||||||
9 | public, and includes paratransit services. | ||||||
10 | "Traffic control devices" means all signs, signals, | ||||||
11 | markings, and devices that conform to the Illinois Manual on | ||||||
12 | Uniform Traffic Control Devices, placed or erected by | ||||||
13 | authority of a public body or official having jurisdiction, | ||||||
14 | for the purpose of regulating, warning, or guiding traffic. | ||||||
15 | (b) The following factors, related to all felonies, may be | ||||||
16 | considered by the court as
reasons to impose an extended term | ||||||
17 | sentence under Section 5-8-2
upon any offender:
| ||||||
18 | (1) When a defendant is convicted of any felony, after | ||||||
19 | having
been previously convicted in Illinois or any other | ||||||
20 | jurisdiction of the
same or similar class felony or | ||||||
21 | greater class felony, when such conviction
has occurred | ||||||
22 | within 10 years after the
previous conviction, excluding | ||||||
23 | time spent in custody, and such charges are
separately | ||||||
24 | brought and tried and arise out of different series of | ||||||
25 | acts; or
| ||||||
26 | (2) When a defendant is convicted of any felony and |
| |||||||
| |||||||
1 | the court
finds that the offense was accompanied by | ||||||
2 | exceptionally brutal
or heinous behavior indicative of | ||||||
3 | wanton cruelty; or
| ||||||
4 | (3) When a defendant is convicted of any felony | ||||||
5 | committed against:
| ||||||
6 | (i) a person under 12 years of age at the time of | ||||||
7 | the offense or such
person's property;
| ||||||
8 | (ii) a person 60 years of age or older at the time | ||||||
9 | of the offense or
such person's property; or
| ||||||
10 | (iii) a person who had a physical disability at | ||||||
11 | the time of the offense or
such person's property; or
| ||||||
12 | (4) When a defendant is convicted of any felony and | ||||||
13 | the offense
involved any of the following types of | ||||||
14 | specific misconduct committed as
part of a ceremony, rite, | ||||||
15 | initiation, observance, performance, practice or
activity | ||||||
16 | of any actual or ostensible religious, fraternal, or | ||||||
17 | social group:
| ||||||
18 | (i) the brutalizing or torturing of humans or | ||||||
19 | animals;
| ||||||
20 | (ii) the theft of human corpses;
| ||||||
21 | (iii) the kidnapping of humans;
| ||||||
22 | (iv) the desecration of any cemetery, religious, | ||||||
23 | fraternal, business,
governmental, educational, or | ||||||
24 | other building or property; or
| ||||||
25 | (v) ritualized abuse of a child; or
| ||||||
26 | (5) When a defendant is convicted of a felony other |
| |||||||
| |||||||
1 | than conspiracy and
the court finds that
the felony was | ||||||
2 | committed under an agreement with 2 or more other persons
| ||||||
3 | to commit that offense and the defendant, with respect to | ||||||
4 | the other
individuals, occupied a position of organizer, | ||||||
5 | supervisor, financier, or any
other position of management | ||||||
6 | or leadership, and the court further finds that
the felony | ||||||
7 | committed was related to or in furtherance of the criminal
| ||||||
8 | activities of an organized gang or was motivated by the | ||||||
9 | defendant's leadership
in an organized gang; or
| ||||||
10 | (6) When a defendant is convicted of an offense | ||||||
11 | committed while using a firearm with a
laser sight | ||||||
12 | attached to it. For purposes of this paragraph, "laser | ||||||
13 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
14 | the Criminal Code of
2012; or
| ||||||
15 | (7) When a defendant who was at least 17 years of age | ||||||
16 | at the
time of
the commission of the offense is convicted | ||||||
17 | of a felony and has been previously
adjudicated a | ||||||
18 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
19 | an act
that if committed by an adult would be a Class X or | ||||||
20 | Class 1 felony when the
conviction has occurred within 10 | ||||||
21 | years after the previous adjudication,
excluding time | ||||||
22 | spent in custody; or
| ||||||
23 | (8) When a defendant commits any felony and the | ||||||
24 | defendant used, possessed, exercised control over, or | ||||||
25 | otherwise directed an animal to assault a law enforcement | ||||||
26 | officer engaged in the execution of his or her official |
| |||||||
| |||||||
1 | duties or in furtherance of the criminal activities of an | ||||||
2 | organized gang in which the defendant is engaged; or
| ||||||
3 | (9) When a defendant commits any felony and the | ||||||
4 | defendant knowingly video or audio records the offense | ||||||
5 | with the intent to disseminate the recording. | ||||||
6 | (c) The following factors may be considered by the court | ||||||
7 | as reasons to impose an extended term sentence under Section | ||||||
8 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
9 | offenses: | ||||||
10 | (1) When a defendant is convicted of first degree | ||||||
11 | murder, after having been previously convicted in Illinois | ||||||
12 | of any offense listed under paragraph (c)(2) of Section | ||||||
13 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
14 | occurred within 10 years after the previous conviction, | ||||||
15 | excluding time spent in custody, and the charges are | ||||||
16 | separately brought and tried and arise out of different | ||||||
17 | series of acts. | ||||||
18 | (1.5) When a defendant is convicted of first degree | ||||||
19 | murder, after having been previously convicted of domestic | ||||||
20 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
21 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
22 | having been previously convicted of violation of an order | ||||||
23 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
24 | was the protected person. | ||||||
25 | (2) When a defendant is convicted of voluntary | ||||||
26 | manslaughter, second degree murder, involuntary |
| |||||||
| |||||||
1 | manslaughter, or reckless homicide in which the defendant | ||||||
2 | has been convicted of causing the death of more than one | ||||||
3 | individual. | ||||||
4 | (3) When a defendant is convicted of aggravated | ||||||
5 | criminal sexual assault or criminal sexual assault, when | ||||||
6 | there is a finding that aggravated criminal sexual assault | ||||||
7 | or criminal sexual assault was also committed on the same | ||||||
8 | victim by one or more other individuals, and the defendant | ||||||
9 | voluntarily participated in the crime with the knowledge | ||||||
10 | of the participation of the others in the crime, and the | ||||||
11 | commission of the crime was part of a single course of | ||||||
12 | conduct during which there was no substantial change in | ||||||
13 | the nature of the criminal objective. | ||||||
14 | (4) If the victim was under 18 years of age at the time | ||||||
15 | of the commission of the offense, when a defendant is | ||||||
16 | convicted of aggravated criminal sexual assault or | ||||||
17 | predatory criminal sexual assault of a child under | ||||||
18 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
19 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
21 | (5) When a defendant is convicted of a felony | ||||||
22 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
24 | finding that the defendant is a member of an organized | ||||||
25 | gang. | ||||||
26 | (6) When a defendant was convicted of unlawful use of |
| |||||||
| |||||||
1 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
3 | a weapon that is not readily distinguishable as one of the | ||||||
4 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
6 | (7) When a defendant is convicted of an offense | ||||||
7 | involving the illegal manufacture of a controlled | ||||||
8 | substance under Section 401 of the Illinois Controlled | ||||||
9 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
10 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
11 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
12 | the illegal possession of explosives and an emergency | ||||||
13 | response officer in the performance of his or her duties | ||||||
14 | is killed or injured at the scene of the offense while | ||||||
15 | responding to the emergency caused by the commission of | ||||||
16 | the offense. In this paragraph, "emergency" means a | ||||||
17 | situation in which a person's life, health, or safety is | ||||||
18 | in jeopardy; and "emergency response officer" means a | ||||||
19 | peace officer, community policing volunteer, fireman, | ||||||
20 | emergency medical technician-ambulance, emergency medical | ||||||
21 | technician-intermediate, emergency medical | ||||||
22 | technician-paramedic, ambulance driver, other medical | ||||||
23 | assistance or first aid personnel, or hospital emergency | ||||||
24 | room personnel.
| ||||||
25 | (8) When the defendant is convicted of attempted mob | ||||||
26 | action, solicitation to commit mob action, or conspiracy |
| |||||||
| |||||||
1 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
2 | Criminal Code of 2012, where the criminal object is a | ||||||
3 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
4 | and an electronic communication is used in the commission | ||||||
5 | of the offense. For the purposes of this paragraph (8), | ||||||
6 | "electronic communication" shall have the meaning provided | ||||||
7 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
8 | (d) For the purposes of this Section, "organized gang" has | ||||||
9 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
10 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
11 | (e) The court may impose an extended term sentence under | ||||||
12 | Article 4.5 of Chapter V upon an offender who has been | ||||||
13 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
14 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
15 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | when the victim of the offense is under 18 years of age at the | ||||||
17 | time of the commission of the offense and, during the | ||||||
18 | commission of the offense, the victim was under the influence | ||||||
19 | of alcohol, regardless of whether or not the alcohol was | ||||||
20 | supplied by the offender; and the offender, at the time of the | ||||||
21 | commission of the offense, knew or should have known that the | ||||||
22 | victim had consumed alcohol. | ||||||
23 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
24 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. | ||||||
25 | 1-1-23; 102-558, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
2 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
3 | discharge.
| ||||||
4 | (a) The conditions of probation and of conditional | ||||||
5 | discharge shall be
that the person:
| ||||||
6 | (1) not violate any criminal statute of any | ||||||
7 | jurisdiction;
| ||||||
8 | (2) report to or appear in person before such person | ||||||
9 | or agency as
directed by the court;
| ||||||
10 | (3) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon where the offense is a felony or, if a | ||||||
12 | misdemeanor, the offense involved the intentional or | ||||||
13 | knowing infliction of bodily harm or threat of bodily | ||||||
14 | harm;
| ||||||
15 | (4) not leave the State without the consent of the | ||||||
16 | court or, in
circumstances in which the reason for the | ||||||
17 | absence is of such an emergency
nature that prior consent | ||||||
18 | by the court is not possible, without the prior
| ||||||
19 | notification and approval of the person's probation
| ||||||
20 | officer. Transfer of a person's probation or conditional | ||||||
21 | discharge
supervision to another state is subject to | ||||||
22 | acceptance by the other state
pursuant to the Interstate | ||||||
23 | Compact for Adult Offender Supervision;
| ||||||
24 | (5) permit the probation officer to visit
him at his | ||||||
25 | home or elsewhere
to the extent necessary to discharge his | ||||||
26 | duties;
|
| |||||||
| |||||||
1 | (6) perform no less than 30 hours of community service | ||||||
2 | and not more than
120 hours of community service, if | ||||||
3 | community service is available in the
jurisdiction and is | ||||||
4 | funded and approved by the county board where the offense
| ||||||
5 | was committed, where the offense was related to or in | ||||||
6 | furtherance of the
criminal activities of an organized | ||||||
7 | gang and was motivated by the offender's
membership in or | ||||||
8 | allegiance to an organized gang. The community service | ||||||
9 | shall
include, but not be limited to, the cleanup and | ||||||
10 | repair of any damage caused by
a violation of Section | ||||||
11 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 and similar damage
to property located within the | ||||||
13 | municipality or county in which the violation
occurred. | ||||||
14 | When possible and reasonable, the community service should | ||||||
15 | be
performed in the offender's neighborhood. For purposes | ||||||
16 | of this Section,
"organized gang" has the meaning ascribed | ||||||
17 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
18 | Omnibus Prevention Act. The court may give credit toward | ||||||
19 | the fulfillment of community service hours for | ||||||
20 | participation in activities and treatment as determined by | ||||||
21 | court services;
| ||||||
22 | (7) if he or she is at least 17 years of age and has | ||||||
23 | been sentenced to
probation or conditional discharge for a | ||||||
24 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
25 | inhabitants and has not been previously convicted of a
| ||||||
26 | misdemeanor or felony, may be required by the sentencing |
| |||||||
| |||||||
1 | court to attend
educational courses designed to prepare | ||||||
2 | the defendant for a high school diploma
and to work toward | ||||||
3 | a high school diploma or to work toward passing high | ||||||
4 | school equivalency testing or to work toward
completing a | ||||||
5 | vocational training program approved by the court. The | ||||||
6 | person on
probation or conditional discharge must attend a | ||||||
7 | public institution of
education to obtain the educational | ||||||
8 | or vocational training required by this paragraph
(7). The | ||||||
9 | court shall revoke the probation or conditional discharge | ||||||
10 | of a
person who willfully fails to comply with this | ||||||
11 | paragraph (7). The person on
probation or conditional | ||||||
12 | discharge shall be required to pay for the cost of the
| ||||||
13 | educational courses or high school equivalency testing if | ||||||
14 | a fee is charged for those courses or testing. The court | ||||||
15 | shall resentence the offender whose probation or | ||||||
16 | conditional
discharge has been revoked as provided in | ||||||
17 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
18 | person who has a high school diploma or has successfully | ||||||
19 | passed high school equivalency testing. This paragraph (7) | ||||||
20 | does not apply to a person who is determined by
the court | ||||||
21 | to be a person with a developmental disability or | ||||||
22 | otherwise mentally incapable of
completing the educational | ||||||
23 | or vocational program;
| ||||||
24 | (8) if convicted of possession of a substance | ||||||
25 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
26 | Controlled Substances Act, or the Methamphetamine Control |
| |||||||
| |||||||
1 | and Community Protection Act
after a previous conviction | ||||||
2 | or disposition of supervision for possession of a
| ||||||
3 | substance prohibited by the Cannabis Control Act or | ||||||
4 | Illinois Controlled
Substances Act or after a sentence of | ||||||
5 | probation under Section 10 of the
Cannabis
Control Act, | ||||||
6 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
7 | Section 70 of the Methamphetamine Control and Community | ||||||
8 | Protection Act and upon a
finding by the court that the | ||||||
9 | person is addicted, undergo treatment at a
substance abuse | ||||||
10 | program approved by the court;
| ||||||
11 | (8.5) if convicted of a felony sex offense as defined | ||||||
12 | in the Sex
Offender
Management Board Act, the person shall | ||||||
13 | undergo and successfully complete sex
offender treatment | ||||||
14 | by a treatment provider approved by the Board and | ||||||
15 | conducted
in conformance with the standards developed | ||||||
16 | under the Sex
Offender Management Board Act;
| ||||||
17 | (8.6) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender Management Board Act, refrain from residing | ||||||
19 | at the same address or in the same condominium unit or | ||||||
20 | apartment unit or in the same condominium complex or | ||||||
21 | apartment complex with another person he or she knows or | ||||||
22 | reasonably should know is a convicted sex offender or has | ||||||
23 | been placed on supervision for a sex offense; the | ||||||
24 | provisions of this paragraph do not apply to a person | ||||||
25 | convicted of a sex offense who is placed in a Department of | ||||||
26 | Corrections licensed transitional housing facility for sex |
| |||||||
| |||||||
1 | offenders; | ||||||
2 | (8.7) if convicted for an offense committed on or | ||||||
3 | after June 1, 2008 (the effective date of Public Act | ||||||
4 | 95-464) that would qualify the accused as a child sex | ||||||
5 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | refrain from communicating with or contacting, by means of | ||||||
8 | the Internet, a person who is not related to the accused | ||||||
9 | and whom the accused reasonably believes to be under 18 | ||||||
10 | years of age; for purposes of this paragraph (8.7), | ||||||
11 | "Internet" has the meaning ascribed to it in Section | ||||||
12 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
13 | related to the accused if the person is not: (i) the | ||||||
14 | spouse, brother, or sister of the accused; (ii) a | ||||||
15 | descendant of the accused; (iii) a first or second cousin | ||||||
16 | of the accused; or (iv) a step-child or adopted child of | ||||||
17 | the accused; | ||||||
18 | (8.8) if convicted for an offense under Section 11-6, | ||||||
19 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
20 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
22 | or any attempt to commit any of these offenses, committed | ||||||
23 | on or after June 1, 2009 (the effective date of Public Act | ||||||
24 | 95-983): | ||||||
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 | offender's expense, of one or more hardware or | ||||||
18 | software 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; | ||||||
23 | (8.9) if convicted of a sex offense as defined in the | ||||||
24 | Sex Offender
Registration Act committed on or after | ||||||
25 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
26 | refrain from accessing or using a social networking |
| |||||||
| |||||||
1 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
2 | of 2012;
| ||||||
3 | (9) if convicted of a felony or of any misdemeanor | ||||||
4 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
5 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
7 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
8 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
9 | at a time and place
designated by the court, his or her | ||||||
10 | Firearm
Owner's Identification Card and
any and all | ||||||
11 | firearms in
his or her possession . The Court shall return | ||||||
12 | to the Illinois State Police Firearm Owner's | ||||||
13 | Identification Card Office the person's Firearm Owner's | ||||||
14 | Identification Card ;
| ||||||
15 | (10) if convicted of a sex offense as defined in | ||||||
16 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
17 | offender is a parent or guardian of the person under 18 | ||||||
18 | years of age present in the home and no non-familial | ||||||
19 | minors are present, not participate in a holiday event | ||||||
20 | involving children under 18 years of age, such as | ||||||
21 | distributing candy or other items to children on | ||||||
22 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
23 | Christmas, being employed as a department store Santa | ||||||
24 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
25 | Easter; | ||||||
26 | (11) if convicted of a sex offense as defined in |
| |||||||
| |||||||
1 | Section 2 of the Sex Offender Registration Act committed | ||||||
2 | on or after January 1, 2010 (the effective date of Public | ||||||
3 | Act 96-362) that requires the person to register as a sex | ||||||
4 | offender under that Act, may not knowingly use any | ||||||
5 | computer scrub software on any computer that the sex | ||||||
6 | offender uses; | ||||||
7 | (12) if convicted of a violation of the | ||||||
8 | Methamphetamine Control and Community Protection Act, the | ||||||
9 | Methamphetamine
Precursor Control Act, or a | ||||||
10 | methamphetamine related offense: | ||||||
11 | (A) prohibited from purchasing, possessing, or | ||||||
12 | having under his or her control any product containing | ||||||
13 | pseudoephedrine unless prescribed by a physician; and | ||||||
14 | (B) prohibited from purchasing, possessing, or | ||||||
15 | having under his or her control any product containing | ||||||
16 | ammonium nitrate; and | ||||||
17 | (13) if convicted of a hate crime involving the | ||||||
18 | protected class identified in subsection (a) of Section | ||||||
19 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
20 | offense the offender committed, perform public or | ||||||
21 | community service of no less than 200 hours and enroll in | ||||||
22 | an educational program discouraging hate crimes that | ||||||
23 | includes racial, ethnic, and cultural sensitivity training | ||||||
24 | ordered by the court. | ||||||
25 | (b) The Court may in addition to other reasonable | ||||||
26 | conditions relating to the
nature of the offense or the |
| |||||||
| |||||||
1 | rehabilitation of the defendant as determined for
each | ||||||
2 | defendant in the proper discretion of the Court require that | ||||||
3 | the person:
| ||||||
4 | (1) serve a term of periodic imprisonment under | ||||||
5 | Article 7 for a
period not to exceed that specified in | ||||||
6 | paragraph (d) of Section 5-7-1;
| ||||||
7 | (2) pay a fine and costs;
| ||||||
8 | (3) work or pursue a course of study or vocational | ||||||
9 | training;
| ||||||
10 | (4) undergo medical, psychological or psychiatric | ||||||
11 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
12 | (5) attend or reside in a facility established for the | ||||||
13 | instruction
or residence of defendants on probation;
| ||||||
14 | (6) support his dependents;
| ||||||
15 | (7) and in addition, if a minor:
| ||||||
16 | (i) reside with his parents or in a foster home;
| ||||||
17 | (ii) attend school;
| ||||||
18 | (iii) attend a non-residential program for youth;
| ||||||
19 | (iv) contribute to his own support at home or in a | ||||||
20 | foster home;
| ||||||
21 | (v) with the consent of the superintendent of the
| ||||||
22 | facility, attend an educational program at a facility | ||||||
23 | other than the school
in which the
offense was | ||||||
24 | committed if he
or she is convicted of a crime of | ||||||
25 | violence as
defined in
Section 2 of the Crime Victims | ||||||
26 | Compensation Act committed in a school, on the
real
|
| |||||||
| |||||||
1 | property
comprising a school, or within 1,000 feet of | ||||||
2 | the real property comprising a
school;
| ||||||
3 | (8) make restitution as provided in Section 5-5-6 of | ||||||
4 | this Code;
| ||||||
5 | (9) perform some reasonable public or community | ||||||
6 | service;
| ||||||
7 | (10) serve a term of home confinement. In addition to | ||||||
8 | any other
applicable condition of probation or conditional | ||||||
9 | discharge, the
conditions of home confinement shall be | ||||||
10 | that the offender:
| ||||||
11 | (i) remain within the interior premises of the | ||||||
12 | place designated for
his confinement during the hours | ||||||
13 | designated by the court;
| ||||||
14 | (ii) admit any person or agent designated by the | ||||||
15 | court into the
offender's place of confinement at any | ||||||
16 | time for purposes of verifying
the offender's | ||||||
17 | compliance with the conditions of his confinement; and
| ||||||
18 | (iii) if further deemed necessary by the court or | ||||||
19 | the
Probation or
Court Services Department, be placed | ||||||
20 | on an approved
electronic monitoring device, subject | ||||||
21 | to Article 8A of Chapter V;
| ||||||
22 | (iv) for persons convicted of any alcohol, | ||||||
23 | cannabis or controlled
substance violation who are | ||||||
24 | placed on an approved monitoring device as a
condition | ||||||
25 | of probation or conditional discharge, the court shall | ||||||
26 | impose a
reasonable fee for each day of the use of the |
| |||||||
| |||||||
1 | device, as established by the
county board in | ||||||
2 | subsection (g) of this Section, unless after | ||||||
3 | determining the
inability of the offender to pay the | ||||||
4 | fee, the court assesses a lesser fee or no
fee as the | ||||||
5 | case may be. This fee shall be imposed in addition to | ||||||
6 | the fees
imposed under subsections (g) and (i) of this | ||||||
7 | Section. The fee shall be
collected by the clerk of the | ||||||
8 | circuit court, except as provided in an administrative | ||||||
9 | order of the Chief Judge of the circuit court. The | ||||||
10 | clerk of the circuit
court shall pay all monies | ||||||
11 | collected from this fee to the county treasurer
for | ||||||
12 | deposit in the substance abuse services fund under | ||||||
13 | Section 5-1086.1 of
the Counties Code, except as | ||||||
14 | provided in an administrative order of the Chief Judge | ||||||
15 | of the circuit court. | ||||||
16 | The Chief Judge of the circuit court of the county | ||||||
17 | may by administrative order establish a program for | ||||||
18 | electronic monitoring of offenders, in which a vendor | ||||||
19 | supplies and monitors the operation of the electronic | ||||||
20 | monitoring device, and collects the fees on behalf of | ||||||
21 | the county. The program shall include provisions for | ||||||
22 | indigent offenders and the collection of unpaid fees. | ||||||
23 | The program shall not unduly burden the offender and | ||||||
24 | shall be subject to review by the Chief Judge. | ||||||
25 | The Chief Judge of the circuit court may suspend | ||||||
26 | any additional charges or fees for late payment, |
| |||||||
| |||||||
1 | interest, or damage to any device; and
| ||||||
2 | (v) for persons convicted of offenses other than | ||||||
3 | those referenced in
clause (iv) above and 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 defendant 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 who | ||||||
18 | shall use the monies collected to defray the
costs of | ||||||
19 | corrections. The county treasurer shall deposit the | ||||||
20 | fee
collected in the probation and court services | ||||||
21 | fund.
The Chief Judge of the circuit court of the | ||||||
22 | county may by administrative order establish a program | ||||||
23 | for electronic monitoring of offenders, in which a | ||||||
24 | vendor supplies and monitors the operation of the | ||||||
25 | electronic monitoring device, and collects the fees on | ||||||
26 | behalf of the county. The program shall include |
| |||||||
| |||||||
1 | provisions for indigent offenders and the collection | ||||||
2 | of unpaid fees. The program shall not unduly burden | ||||||
3 | the offender and shall be subject to review by the | ||||||
4 | 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. | ||||||
8 | (11) comply with the terms and conditions of an order | ||||||
9 | of protection issued
by the court pursuant to the Illinois | ||||||
10 | Domestic Violence Act of 1986,
as now or hereafter | ||||||
11 | amended, or an order of protection issued by the court of
| ||||||
12 | another state, tribe, or United States territory. A copy | ||||||
13 | of the order of
protection shall be
transmitted to the | ||||||
14 | probation officer or agency
having responsibility for the | ||||||
15 | case;
| ||||||
16 | (12) reimburse any "local anti-crime program" as | ||||||
17 | defined in Section 7
of the Anti-Crime Advisory Council | ||||||
18 | Act for any reasonable expenses incurred
by the program on | ||||||
19 | the offender's case, not to exceed the maximum amount of
| ||||||
20 | the fine authorized for the offense for which the | ||||||
21 | defendant was sentenced;
| ||||||
22 | (13) contribute a reasonable sum of money, not to | ||||||
23 | exceed the maximum
amount of the fine authorized for the
| ||||||
24 | offense for which the defendant was sentenced, (i) to a | ||||||
25 | "local anti-crime
program", as defined in Section 7 of the | ||||||
26 | Anti-Crime Advisory Council Act, or (ii) for offenses |
| |||||||
| |||||||
1 | under the jurisdiction of the Department of Natural | ||||||
2 | Resources, to the fund established by the Department of | ||||||
3 | Natural Resources for the purchase of evidence for | ||||||
4 | investigation purposes and to conduct investigations as | ||||||
5 | outlined in Section 805-105 of the Department of Natural | ||||||
6 | Resources (Conservation) Law;
| ||||||
7 | (14) refrain from entering into a designated | ||||||
8 | geographic area except upon
such terms as the court finds | ||||||
9 | appropriate. Such terms may include
consideration of the | ||||||
10 | purpose of the entry, the time of day, other persons
| ||||||
11 | accompanying the defendant, and advance approval by a
| ||||||
12 | probation officer, if
the defendant has been placed on | ||||||
13 | probation or advance approval by the
court, if the | ||||||
14 | defendant was placed on conditional discharge;
| ||||||
15 | (15) refrain from having any contact, directly or | ||||||
16 | indirectly, with
certain specified persons or particular | ||||||
17 | types of persons, including but not
limited to members of | ||||||
18 | street gangs and drug users or dealers;
| ||||||
19 | (16) refrain from having in his or her body the | ||||||
20 | presence of any illicit
drug prohibited by the Cannabis | ||||||
21 | Control Act, the Illinois Controlled
Substances Act, or | ||||||
22 | the Methamphetamine Control and Community Protection Act, | ||||||
23 | unless prescribed by a physician, and submit samples of
| ||||||
24 | his or her blood or urine or both for tests to determine | ||||||
25 | the presence of any
illicit drug;
| ||||||
26 | (17) if convicted for an offense committed on or after |
| |||||||
| |||||||
1 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
2 | that would qualify the accused as a child sex offender as | ||||||
3 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
5 | communicating with or contacting, by means of the | ||||||
6 | Internet, a person who is related to the accused and whom | ||||||
7 | the accused reasonably believes to be under 18 years of | ||||||
8 | age; for purposes of this paragraph (17), "Internet" has | ||||||
9 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
10 | Criminal Code of 2012; and a person is related to the | ||||||
11 | accused if the person is: (i) the spouse, brother, or | ||||||
12 | sister of the accused; (ii) a descendant of the accused; | ||||||
13 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
14 | step-child or adopted child of the accused; | ||||||
15 | (18) if convicted for an offense committed on or after | ||||||
16 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
17 | that would qualify as a sex offense as defined in the Sex | ||||||
18 | Offender Registration Act: | ||||||
19 | (i) not access or use a computer or any other | ||||||
20 | device with Internet capability without the prior | ||||||
21 | written approval of the offender's probation officer, | ||||||
22 | except in connection with the offender's employment or | ||||||
23 | search for employment with the prior approval of the | ||||||
24 | offender's probation officer; | ||||||
25 | (ii) submit to periodic unannounced examinations | ||||||
26 | of the offender's computer or any other device with |
| |||||||
| |||||||
1 | Internet capability by the offender's probation | ||||||
2 | officer, a law enforcement officer, or assigned | ||||||
3 | computer or information technology specialist, | ||||||
4 | including the retrieval and copying of all data from | ||||||
5 | the computer or device and any internal or external | ||||||
6 | peripherals and removal of such information, | ||||||
7 | equipment, or device to conduct a more thorough | ||||||
8 | inspection; | ||||||
9 | (iii) submit to the installation on the offender's | ||||||
10 | computer or device with Internet capability, at the | ||||||
11 | subject's expense, of one or more hardware or software | ||||||
12 | systems to monitor the Internet use; and | ||||||
13 | (iv) submit to any other appropriate restrictions | ||||||
14 | concerning the offender's use of or access to a | ||||||
15 | computer or any other device with Internet capability | ||||||
16 | imposed by the offender's probation officer; and | ||||||
17 | (19) refrain from possessing a firearm or other | ||||||
18 | dangerous weapon where the offense is a misdemeanor that | ||||||
19 | did not involve the intentional or knowing infliction of | ||||||
20 | bodily harm or threat of bodily harm. | ||||||
21 | (c) The court may as a condition of probation or of | ||||||
22 | conditional
discharge require that a person under 18 years of | ||||||
23 | age found guilty of any
alcohol, cannabis or controlled | ||||||
24 | substance violation, refrain from acquiring
a driver's license | ||||||
25 | during
the period of probation or conditional discharge. If | ||||||
26 | such person
is in possession of a permit or license, the court |
| |||||||
| |||||||
1 | may require that
the minor refrain from driving or operating | ||||||
2 | any motor vehicle during the
period of probation or | ||||||
3 | conditional discharge, except as may be necessary in
the | ||||||
4 | course of the minor's lawful employment.
| ||||||
5 | (d) An offender sentenced to probation or to conditional | ||||||
6 | discharge
shall be given a certificate setting forth the | ||||||
7 | conditions thereof.
| ||||||
8 | (e) Except where the offender has committed a fourth or | ||||||
9 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
10 | Illinois Vehicle Code,
the court shall not require as a | ||||||
11 | condition of the sentence of
probation or conditional | ||||||
12 | discharge that the offender be committed to a
period of | ||||||
13 | imprisonment in excess of 6 months.
This 6-month limit shall | ||||||
14 | not include periods of confinement given pursuant to
a | ||||||
15 | sentence of county impact incarceration under Section 5-8-1.2.
| ||||||
16 | Persons committed to imprisonment as a condition of | ||||||
17 | probation or
conditional discharge shall not be committed to | ||||||
18 | the Department of
Corrections.
| ||||||
19 | (f) The court may combine a sentence of periodic | ||||||
20 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
21 | incarceration program under
Article 8 with a sentence of | ||||||
22 | probation or conditional discharge.
| ||||||
23 | (g) An offender sentenced to probation or to conditional | ||||||
24 | discharge and
who during the term of either undergoes | ||||||
25 | mandatory drug or alcohol testing,
or both, or is assigned to | ||||||
26 | be placed on an approved electronic monitoring
device, shall |
| |||||||
| |||||||
1 | be ordered to pay all costs incidental to such mandatory drug
| ||||||
2 | or alcohol testing, or both, and all costs
incidental to such | ||||||
3 | approved electronic monitoring in accordance with the
| ||||||
4 | defendant's ability to pay those costs. The county board with
| ||||||
5 | the concurrence of the Chief Judge of the judicial
circuit in | ||||||
6 | which the county is located shall establish reasonable fees | ||||||
7 | for
the cost of maintenance, testing, and incidental expenses | ||||||
8 | related to the
mandatory drug or alcohol testing, or both, and | ||||||
9 | all costs incidental to
approved electronic monitoring, | ||||||
10 | involved in a successful probation program
for the county. The | ||||||
11 | concurrence of the Chief Judge shall be in the form of
an | ||||||
12 | administrative order.
The fees shall be collected by the clerk | ||||||
13 | of the circuit court, except as provided in an administrative | ||||||
14 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
15 | circuit court shall pay all moneys collected from these fees | ||||||
16 | to the county
treasurer who shall use the moneys collected to | ||||||
17 | defray the costs of
drug testing, alcohol testing, and | ||||||
18 | electronic monitoring.
The county treasurer shall deposit the | ||||||
19 | fees collected in the
county working cash fund under Section | ||||||
20 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
21 | may be.
The Chief Judge of the circuit court of the county may | ||||||
22 | by administrative order establish a program for electronic | ||||||
23 | monitoring of offenders, in which a vendor supplies and | ||||||
24 | monitors the operation of the electronic monitoring device, | ||||||
25 | and collects the fees on behalf of the county. The program | ||||||
26 | shall include provisions for indigent offenders and the |
| |||||||
| |||||||
1 | collection of unpaid fees. The program shall not unduly burden | ||||||
2 | the offender and shall be subject to review by the Chief Judge.
| ||||||
3 | The Chief Judge of the circuit court may suspend any | ||||||
4 | additional charges or fees for late payment, interest, or | ||||||
5 | damage to any device. | ||||||
6 | (h) Jurisdiction over an offender may be transferred from | ||||||
7 | the
sentencing court to the court of another circuit with the | ||||||
8 | concurrence of
both courts. Further transfers or retransfers | ||||||
9 | of
jurisdiction are also
authorized in the same manner. The | ||||||
10 | court to which jurisdiction has been
transferred shall have | ||||||
11 | the same powers as the sentencing court.
The probation | ||||||
12 | department within the circuit to which jurisdiction has been | ||||||
13 | transferred, or which has agreed to provide supervision, may | ||||||
14 | impose probation fees upon receiving the transferred offender, | ||||||
15 | as provided in subsection (i). For all transfer cases, as | ||||||
16 | defined in Section 9b of the Probation and Probation Officers | ||||||
17 | Act, the probation department from the original sentencing | ||||||
18 | court shall retain all probation fees collected prior to the | ||||||
19 | transfer. After the transfer,
all probation fees shall be paid | ||||||
20 | to the probation department within the
circuit to which | ||||||
21 | jurisdiction has been transferred.
| ||||||
22 | (i) The court shall impose upon an offender
sentenced to | ||||||
23 | probation after January 1, 1989 or to conditional discharge
| ||||||
24 | after January 1, 1992 or to community service under the | ||||||
25 | supervision of a
probation or court services department after | ||||||
26 | January 1, 2004, as a condition of such probation or |
| |||||||
| |||||||
1 | conditional
discharge or supervised community service, a fee | ||||||
2 | of $50
for each month of probation or
conditional
discharge | ||||||
3 | supervision or supervised community service ordered by the | ||||||
4 | court, unless after
determining the inability of the person | ||||||
5 | sentenced to probation or conditional
discharge or supervised | ||||||
6 | community service to pay the
fee, the court assesses a lesser | ||||||
7 | fee. The court may not impose the fee on a
minor who is placed | ||||||
8 | in the guardianship or custody of the Department of Children | ||||||
9 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
10 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
11 | an offender who is actively supervised by the
probation and | ||||||
12 | court services
department. The fee shall be collected by the | ||||||
13 | clerk
of the circuit court. The clerk of the circuit court | ||||||
14 | shall pay all monies
collected from this fee to the county | ||||||
15 | treasurer for deposit in the
probation and court services fund | ||||||
16 | under Section 15.1 of the
Probation and Probation Officers | ||||||
17 | Act.
| ||||||
18 | A circuit court may not impose a probation fee under this | ||||||
19 | subsection (i) in excess of $25
per month unless the circuit | ||||||
20 | court has adopted, by administrative
order issued by the chief | ||||||
21 | judge, a standard probation fee guide
determining an | ||||||
22 | offender's ability to pay. Of the
amount collected as a | ||||||
23 | probation fee, up to $5 of that fee
collected per month may be | ||||||
24 | used to provide services to crime victims
and their families. | ||||||
25 | The Court may only waive probation fees based on an | ||||||
26 | offender's ability to pay. The probation department may |
| |||||||
| |||||||
1 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
2 | with the approval of the Director of Court Services or the | ||||||
3 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
4 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
5 | offender that has been assigned to the supervision of a | ||||||
6 | probation department, or has been transferred either under | ||||||
7 | subsection (h) of this Section or under any interstate | ||||||
8 | compact, shall be required to pay probation fees to the | ||||||
9 | department supervising the offender, based on the offender's | ||||||
10 | ability to pay.
| ||||||
11 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
12 | under this subsection that was imposed by Public Act 93-616. | ||||||
13 | This deletion is intended to control over any other Act of the | ||||||
14 | 93rd General Assembly that retains or incorporates that fee | ||||||
15 | increase. | ||||||
16 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
17 | of this Section, in the case of an offender convicted of a | ||||||
18 | felony sex offense (as defined in the Sex Offender Management | ||||||
19 | Board Act) or an offense that the court or probation | ||||||
20 | department has determined to be sexually motivated (as defined | ||||||
21 | in the Sex Offender Management Board Act), the court or the | ||||||
22 | probation department shall assess additional fees to pay for | ||||||
23 | all costs of treatment, assessment, evaluation for risk and | ||||||
24 | treatment, and monitoring the offender, based on that | ||||||
25 | offender's ability to pay those costs either as they occur or | ||||||
26 | under a payment plan. |
| |||||||
| |||||||
1 | (j) All fines and costs imposed under this Section for any | ||||||
2 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
3 | Code, or a similar
provision of a local ordinance, and any | ||||||
4 | violation of the Child Passenger
Protection Act, or a similar | ||||||
5 | provision of a local ordinance, shall be
collected and | ||||||
6 | disbursed by the circuit clerk as provided under the Criminal | ||||||
7 | and Traffic Assessment Act.
| ||||||
8 | (k) Any offender who is sentenced to probation or | ||||||
9 | conditional discharge for a felony sex offense as defined in | ||||||
10 | the Sex Offender Management Board Act or any offense that the | ||||||
11 | court or probation department has determined to be sexually | ||||||
12 | motivated as defined in the Sex Offender Management Board Act | ||||||
13 | shall be required to refrain from any contact, directly or | ||||||
14 | indirectly, with any persons specified by the court and shall | ||||||
15 | be available for all evaluations and treatment programs | ||||||
16 | required by the court or the probation department.
| ||||||
17 | (l) The court may order an offender who is sentenced to | ||||||
18 | probation or conditional
discharge for a violation of an order | ||||||
19 | of protection be placed under electronic surveillance as | ||||||
20 | provided in Section 5-8A-7 of this Code. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) | ||||||
22 | Section 95. The Stalking No Contact Order Act is amended | ||||||
23 | by changing Section 80 as follows: | ||||||
24 | (740 ILCS 21/80)
|
| |||||||
| |||||||
1 | Sec. 80. Stalking no contact orders; remedies. | ||||||
2 | (a) If the court finds that the petitioner has been a | ||||||
3 | victim of stalking, a stalking no contact order shall issue; | ||||||
4 | provided that the petitioner must also satisfy the | ||||||
5 | requirements of Section 95 on emergency orders or Section 100 | ||||||
6 | on plenary orders. The petitioner shall not be denied a | ||||||
7 | stalking no contact order because the petitioner or the | ||||||
8 | respondent is a minor. The court, when determining whether or | ||||||
9 | not to issue a stalking no contact order, may not require | ||||||
10 | physical injury on the person of the petitioner. Modification | ||||||
11 | and extension of prior stalking no contact orders shall be in | ||||||
12 | accordance with this Act. | ||||||
13 | (b) A stalking no contact order shall order one or more of | ||||||
14 | the following: | ||||||
15 | (1) prohibit the respondent from threatening to commit | ||||||
16 | or committing stalking; | ||||||
17 | (2) order the respondent not to have any contact with | ||||||
18 | the petitioner or a third person specifically named by the | ||||||
19 | court; | ||||||
20 | (3) prohibit the respondent from knowingly coming | ||||||
21 | within, or knowingly remaining within a specified distance | ||||||
22 | of the petitioner or the petitioner's residence, school, | ||||||
23 | daycare, or place of employment, or any specified place | ||||||
24 | frequented by the petitioner; however, the court may order | ||||||
25 | the respondent to stay away from the respondent's own | ||||||
26 | residence, school, or place of employment only if the |
| |||||||
| |||||||
1 | respondent has been provided actual notice of the | ||||||
2 | opportunity to appear and be heard on the petition; | ||||||
3 | (4) prohibit the respondent from possessing a Firearm | ||||||
4 | Owners Identification Card, or possessing or buying | ||||||
5 | firearms; and | ||||||
6 | (5) order other injunctive relief the court determines | ||||||
7 | to be necessary to protect the petitioner or third party | ||||||
8 | specifically named by the court. | ||||||
9 | (b-5) When the petitioner and the respondent attend the | ||||||
10 | same public, private, or non-public elementary, middle, or | ||||||
11 | high school, the court when issuing a stalking no contact | ||||||
12 | order and providing relief shall consider the severity of the | ||||||
13 | act, any continuing physical danger or emotional distress to | ||||||
14 | the petitioner, the educational rights guaranteed to the | ||||||
15 | petitioner and respondent under federal and State law, the | ||||||
16 | availability of a transfer of the respondent to another | ||||||
17 | school, a change of placement or a change of program of the | ||||||
18 | respondent, the expense, difficulty, and educational | ||||||
19 | disruption that would be caused by a transfer of the | ||||||
20 | respondent to another school, and any other relevant facts of | ||||||
21 | the case. The court may order that the respondent not attend | ||||||
22 | the public, private, or non-public elementary, middle, or high | ||||||
23 | school attended by the petitioner, order that the respondent | ||||||
24 | accept a change of placement or program, as determined by the | ||||||
25 | school district or private or non-public school, or place | ||||||
26 | restrictions on the respondent's movements within the school |
| |||||||
| |||||||
1 | attended by the petitioner.
The respondent bears the burden of | ||||||
2 | proving by a preponderance of the evidence that a transfer, | ||||||
3 | change of placement, or change of program of the respondent is | ||||||
4 | not available. The respondent also bears the burden of | ||||||
5 | production with respect to the expense, difficulty, and | ||||||
6 | educational disruption that would be caused by a transfer of | ||||||
7 | the respondent to another school. A transfer, change of | ||||||
8 | placement, or change of program is not unavailable to the | ||||||
9 | respondent solely on the ground that the respondent does not | ||||||
10 | agree with the school district's or private or non-public | ||||||
11 | school's transfer, change of placement, or change of program | ||||||
12 | or solely on the ground that the respondent fails or refuses to | ||||||
13 | consent to or otherwise does not take an action required to | ||||||
14 | effectuate a transfer, change of placement, or change of | ||||||
15 | program.
When a court orders a respondent to stay away from the | ||||||
16 | public, private, or non-public school attended by the | ||||||
17 | petitioner and the respondent requests a transfer to another | ||||||
18 | attendance center within the respondent's school district or | ||||||
19 | private or non-public school, the school district or private | ||||||
20 | or non-public school shall have sole discretion to determine | ||||||
21 | the attendance center to which the respondent is transferred.
| ||||||
22 | In the event the court order results in a transfer of the minor | ||||||
23 | respondent to another attendance center, a change in the | ||||||
24 | respondent's placement, or a change of the respondent's | ||||||
25 | program, the parents, guardian, or legal custodian of the | ||||||
26 | respondent is responsible for transportation and other costs |
| |||||||
| |||||||
1 | associated with the transfer or change. | ||||||
2 | (b-6) The court may order the parents, guardian, or legal | ||||||
3 | custodian of a minor respondent to take certain actions or to | ||||||
4 | refrain from taking certain actions to ensure that the | ||||||
5 | respondent complies with the order. In the event the court | ||||||
6 | orders a transfer of the respondent to another school, the | ||||||
7 | parents, guardian, or legal custodian of the respondent are | ||||||
8 | responsible for transportation and other costs associated with | ||||||
9 | the change of school by the respondent. | ||||||
10 | (b-7) The court shall not hold a school district or | ||||||
11 | private or non-public school or any of its employees in civil | ||||||
12 | or criminal contempt unless the school district or private or | ||||||
13 | non-public school has been allowed to intervene. | ||||||
14 | (b-8) The court may hold the parents, guardian, or legal | ||||||
15 | custodian of a minor respondent in civil or criminal contempt | ||||||
16 | for a violation of any provision of any order entered under | ||||||
17 | this Act for conduct of the minor respondent in violation of | ||||||
18 | this Act if the
parents, guardian, or legal custodian | ||||||
19 | directed, encouraged, or assisted the respondent minor in such | ||||||
20 | conduct. | ||||||
21 | (c) The court may award the petitioner costs and attorneys | ||||||
22 | fees if a stalking no contact order is granted. | ||||||
23 | (d) Monetary damages are not recoverable as a remedy. | ||||||
24 | (e) If the stalking no contact order prohibits the | ||||||
25 | respondent from possessing a Firearm Owner's Identification | ||||||
26 | Card, or possessing or buying firearms; the court shall |
| |||||||
| |||||||
1 | confiscate the respondent's firearms Firearm Owner's | ||||||
2 | Identification Card and immediately return the card to the | ||||||
3 | Illinois State Police Firearm Owner's Identification Card | ||||||
4 | Office .
| ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
6 | Section 100. The Mental Health and Developmental | ||||||
7 | Disabilities Confidentiality Act is amended by changing | ||||||
8 | Section 12 as follows:
| ||||||
9 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
10 | Sec. 12. (a) If the United States Secret Service or the | ||||||
11 | Illinois State Police requests information from a mental | ||||||
12 | health or developmental
disability facility, as defined in | ||||||
13 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
14 | Disabilities Code, relating to a specific
recipient and the | ||||||
15 | facility director determines that disclosure of such
| ||||||
16 | information may be necessary to protect the life of, or to | ||||||
17 | prevent
the infliction of great bodily harm to, a public | ||||||
18 | official,
or a person under the protection of the United
| ||||||
19 | States Secret Service, only the following information
may be | ||||||
20 | disclosed: the recipient's name, address, and age and the date | ||||||
21 | of
any admission to or discharge from a facility; and any | ||||||
22 | information which
would indicate whether or not the recipient | ||||||
23 | has a history of violence or
presents a danger of violence to | ||||||
24 | the person under protection. Any information
so disclosed |
| |||||||
| |||||||
1 | shall be used for investigative purposes only and shall not
be | ||||||
2 | publicly disseminated.
Any person participating in good faith | ||||||
3 | in the disclosure of such
information in accordance with this | ||||||
4 | provision shall have immunity from any
liability, civil, | ||||||
5 | criminal or otherwise, if such information is disclosed
| ||||||
6 | relying upon the representation of an officer of the United | ||||||
7 | States Secret
Service or the Illinois State Police that a | ||||||
8 | person is under the
protection of the United States Secret | ||||||
9 | Service or is a public official.
| ||||||
10 | For the purpose of this subsection (a), the term "public | ||||||
11 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
12 | General, Secretary of State,
State Comptroller, State | ||||||
13 | Treasurer, member of the General Assembly, member of the | ||||||
14 | United States Congress, Judge of the United States as defined | ||||||
15 | in 28 U.S.C. 451, Justice of the United States as defined in 28 | ||||||
16 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
17 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
18 | Supreme, Appellate, Circuit, or Associate Judge of the State | ||||||
19 | of Illinois. The
term shall also include the spouse, child or | ||||||
20 | children of a public official.
| ||||||
21 | (b) The Department of Human Services (acting as successor | ||||||
22 | to the
Department of Mental Health and Developmental | ||||||
23 | Disabilities) and all
public or private hospitals and mental | ||||||
24 | health facilities are required, as hereafter described in this | ||||||
25 | subsection,
to furnish the Illinois State Police only such | ||||||
26 | information as may
be required for the sole purpose of |
| |||||||
| |||||||
1 | determining whether an individual who
may be or may have been a | ||||||
2 | patient is disqualified because of that status
from receiving | ||||||
3 | or retaining a firearm under paragraph (4) of subsection (a) | ||||||
4 | of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's | ||||||
5 | Identification Card or falls within the federal prohibitors | ||||||
6 | under subsection (e), (f), (g), (r), (s), or (t) of Section 8 | ||||||
7 | of the Firearm Owners Identification Card Act , or falls within | ||||||
8 | the federal prohibitors in 18 U.S.C. 922(g) and (n). All | ||||||
9 | physicians, clinical psychologists, or qualified examiners at | ||||||
10 | public or private mental health facilities or parts thereof as | ||||||
11 | defined in this subsection shall, in the form and manner | ||||||
12 | required
by the Department, provide notice directly to the | ||||||
13 | Department of Human Services, or to his or her employer who | ||||||
14 | shall then report to the Department, within 24 hours after | ||||||
15 | determining that a person poses a clear and present danger to | ||||||
16 | himself, herself, or others, or within 7 days after a person 14 | ||||||
17 | years or older is determined to be a person with a | ||||||
18 | developmental disability by a physician, clinical | ||||||
19 | psychologist, or qualified examiner as described in this | ||||||
20 | subsection (b) Section 1.1 of the Firearm Owners | ||||||
21 | Identification Card Act . If a person is a patient as described | ||||||
22 | in clause (2)(A) (1) of the definition of "patient" in (2)(A) | ||||||
23 | Section 1.1 of the Firearm Owners Identification Card Act , | ||||||
24 | this information shall be furnished within 7 days after
| ||||||
25 | admission to a public or private hospital or mental health | ||||||
26 | facility or the provision of services. Any such information |
| |||||||
| |||||||
1 | disclosed under
this subsection shall
remain privileged and | ||||||
2 | confidential, and shall not be redisclosed, except as required | ||||||
3 | by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012 | ||||||
4 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
5 | Identification Card Act , nor utilized
for any other purpose. | ||||||
6 | The method of requiring the providing of such
information | ||||||
7 | shall guarantee that no information is released beyond what
is | ||||||
8 | necessary for this purpose. In addition, the information | ||||||
9 | disclosed
shall be provided
by the Department within the time | ||||||
10 | period established by Section 24-3 of the
Criminal Code of | ||||||
11 | 2012 regarding the delivery of firearms. The method used
shall | ||||||
12 | be sufficient to provide the necessary information within the
| ||||||
13 | prescribed time period, which may include periodically | ||||||
14 | providing
lists to the Department of Human Services
or any | ||||||
15 | public or private hospital or mental health facility of | ||||||
16 | Firearm Owner's Identification Card applicants for firearm | ||||||
17 | purchases
on which the Department or hospital shall indicate | ||||||
18 | the identities of those
individuals who are to its knowledge | ||||||
19 | disqualified from having a firearm Firearm
Owner's | ||||||
20 | Identification Card for reasons described herein. The | ||||||
21 | Department
may provide for a centralized source
of information | ||||||
22 | for the State on this subject under its jurisdiction. The | ||||||
23 | identity of the person reporting under this subsection shall | ||||||
24 | not be disclosed to the subject of the report. For the purposes | ||||||
25 | of this subsection, the physician, clinical psychologist, or | ||||||
26 | qualified examiner making the determination and his or her |
| |||||||
| |||||||
1 | employer shall not be held criminally, civilly, or | ||||||
2 | professionally liable for making or not making the | ||||||
3 | notification required under this subsection, except for | ||||||
4 | willful or wanton misconduct.
| ||||||
5 | Any person, institution, or agency, under this Act, | ||||||
6 | participating in
good faith in the reporting or disclosure of | ||||||
7 | records and communications
otherwise in accordance with this | ||||||
8 | provision or with rules, regulations or
guidelines issued by | ||||||
9 | the Department shall have immunity from any
liability, civil, | ||||||
10 | criminal or otherwise, that might result by reason of the
| ||||||
11 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
12 | arising out of a report or disclosure in accordance with this | ||||||
13 | provision,
the good faith of any person,
institution, or | ||||||
14 | agency so reporting or disclosing shall be presumed. The
full | ||||||
15 | extent of the immunity provided in this subsection (b) shall | ||||||
16 | apply to
any person, institution or agency that fails to make a | ||||||
17 | report or disclosure
in the good faith belief that the report | ||||||
18 | or disclosure would violate
federal regulations governing the | ||||||
19 | confidentiality of alcohol and drug abuse
patient records | ||||||
20 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
21 | For purposes of this subsection (b) only, the following | ||||||
22 | terms shall have
the meaning prescribed:
| ||||||
23 | (1) (Blank).
| ||||||
24 | (1.3) "Clear and present danger" has the meaning as | ||||||
25 | defined in Section 6-103.3 of the Mental Health and | ||||||
26 | Developmental Disabilities Code 1.1 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act . | ||||||
2 | (1.5) "Person with a developmental disability" has the | ||||||
3 | meaning as defined in Section 6-103.3 of the Mental Health | ||||||
4 | and Developmental Disabilities Code 1.1 of the Firearm | ||||||
5 | Owners Identification Card Act . | ||||||
6 | (2) "Patient" means (A) a person who voluntarily | ||||||
7 | receives mental health treatment as an in-patient or | ||||||
8 | resident of any public or private mental health facility, | ||||||
9 | unless the treatment was solely for an alcohol abuse | ||||||
10 | disorder and no other secondary substance abuse disorder | ||||||
11 | or mental illness; or (B) a person who voluntarily | ||||||
12 | receives mental health treatment as an out-patient or is | ||||||
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 has the meaning as defined | ||||||
16 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
17 | Act .
| ||||||
18 | (3) "Mental health facility" means any licensed | ||||||
19 | private hospital or hospital affiliate, institution, or | ||||||
20 | facility, or part thereof, and any facility, or part | ||||||
21 | thereof, operated by the State or a political subdivision | ||||||
22 | thereof which provide treatment of persons with mental | ||||||
23 | illness and includes all hospitals, institutions, clinics, | ||||||
24 | evaluation facilities, mental health centers, colleges, | ||||||
25 | universities, long-term care facilities, and nursing | ||||||
26 | homes, or parts thereof, which provide treatment of |
| |||||||
| |||||||
1 | persons with mental illness whether or not the primary | ||||||
2 | purpose is to provide treatment of persons with mental | ||||||
3 | illness has the meaning as defined in Section 1.1 of the | ||||||
4 | Firearm Owners Identification Card Act .
| ||||||
5 | (c) Upon the request of a peace officer who takes a person | ||||||
6 | into custody
and transports such person to a mental health or | ||||||
7 | developmental disability
facility pursuant to Section 3-606 or | ||||||
8 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
9 | or who transports a person from such facility,
a facility | ||||||
10 | director shall furnish said peace officer the name, address, | ||||||
11 | age
and name of the nearest relative of the person transported | ||||||
12 | to or from the
mental health or developmental disability | ||||||
13 | facility. In no case shall the
facility director disclose to | ||||||
14 | the peace officer any information relating to the
diagnosis, | ||||||
15 | treatment or evaluation of the person's mental or physical | ||||||
16 | health.
| ||||||
17 | For the purposes of this subsection (c), the terms "mental | ||||||
18 | health or
developmental disability facility", "peace officer" | ||||||
19 | and "facility director"
shall have the meanings ascribed to | ||||||
20 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
21 | (d) Upon the request of a peace officer or prosecuting | ||||||
22 | authority who is
conducting a bona fide investigation of a | ||||||
23 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
24 | justice,
a facility director may disclose whether a person is | ||||||
25 | present at the facility.
Upon request of a peace officer or | ||||||
26 | prosecuting authority who has a valid
forcible felony warrant |
| |||||||
| |||||||
1 | issued, a facility director shall disclose: (1) whether
the | ||||||
2 | person who is the subject of the warrant is present at the | ||||||
3 | facility and (2)
the
date of that person's discharge or future | ||||||
4 | discharge from the facility.
The requesting peace officer or | ||||||
5 | prosecuting authority must furnish a case
number and the | ||||||
6 | purpose of the investigation or an outstanding arrest warrant | ||||||
7 | at
the time of the request. Any person, institution, or agency
| ||||||
8 | participating in good faith in disclosing such information in | ||||||
9 | accordance with
this subsection (d) is immune from any | ||||||
10 | liability, civil, criminal or
otherwise, that might result by | ||||||
11 | reason of the action.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | Section 105. The Illinois Domestic Violence Act of 1986 is | ||||||
14 | amended by changing Sections 210 and 214 as follows:
| ||||||
15 | (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
| ||||||
16 | Sec. 210. Process.
| ||||||
17 | (a) Summons. Any action for an order
of protection, | ||||||
18 | whether commenced alone or in conjunction with another
| ||||||
19 | proceeding, is a distinct cause of action and requires that a | ||||||
20 | separate
summons be issued and served, except that in pending | ||||||
21 | cases the following
methods may be used:
| ||||||
22 | (1) By delivery of the summons to respondent | ||||||
23 | personally in open
court in pending civil or criminal | ||||||
24 | cases.
|
| |||||||
| |||||||
1 | (2) By notice in accordance with Section 210.1 in | ||||||
2 | civil cases in which
the defendant has filed a general | ||||||
3 | appearance.
| ||||||
4 | The summons shall be in the form prescribed
by Supreme | ||||||
5 | Court Rule 101(d), except that it shall require respondent to
| ||||||
6 | answer or appear within 7 days.
Attachments to the summons or | ||||||
7 | notice shall include the petition for order
of protection and | ||||||
8 | supporting affidavits, if any, and any emergency order of
| ||||||
9 | protection that has been issued. The enforcement of an order | ||||||
10 | of protection
under Section 223 shall not be affected by the | ||||||
11 | lack of service, delivery,
or notice, provided the | ||||||
12 | requirements of subsection (d) of that Section are
otherwise | ||||||
13 | met.
| ||||||
14 | (b) Blank.
| ||||||
15 | (c) Expedited service. The summons shall be served by the | ||||||
16 | sheriff or
other law enforcement officer at the earliest time | ||||||
17 | and shall take
precedence over other summonses except those of | ||||||
18 | a similar emergency nature.
Special process servers may be | ||||||
19 | appointed at any time, and their
designation shall not affect | ||||||
20 | the responsibilities and authority of the
sheriff or other | ||||||
21 | official process servers. In counties with a population over | ||||||
22 | 3,000,000, a special process server may not be appointed if | ||||||
23 | the order of protection grants the surrender of a child, the | ||||||
24 | surrender of a firearm or firearm owners identification card , | ||||||
25 | or the exclusive possession of a shared residence.
| ||||||
26 | (d) Remedies requiring actual notice. The counseling, |
| |||||||
| |||||||
1 | payment of
support, payment of shelter services,
and payment | ||||||
2 | of losses remedies provided by paragraphs 4,
12, 13, and 16 of | ||||||
3 | subsection (b) of Section 214 may be granted only if
| ||||||
4 | respondent has
been personally served with process, has | ||||||
5 | answered or has made a general
appearance.
| ||||||
6 | (e) Remedies upon constructive notice. Service of process | ||||||
7 | on a member
of respondent's household or by publication shall | ||||||
8 | be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, | ||||||
9 | 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section | ||||||
10 | 214, but only if: (i) petitioner has made all reasonable
| ||||||
11 | efforts to accomplish actual service of process personally | ||||||
12 | upon respondent,
but respondent cannot be found to effect such | ||||||
13 | service and (ii) petitioner
files an affidavit or presents | ||||||
14 | sworn testimony
as to those efforts.
| ||||||
15 | (f) Default. A plenary order of protection may be entered | ||||||
16 | by default as follows:
| ||||||
17 | (1) For any of the remedies sought in the petition, if | ||||||
18 | respondent
has been served or given notice in accordance | ||||||
19 | with subsection (a) and if
respondent then fails to appear | ||||||
20 | as directed or fails to appear on any subsequent
| ||||||
21 | appearance or hearing date agreed to by the parties or set | ||||||
22 | by the court; or
| ||||||
23 | (2) For any of the remedies provided in accordance | ||||||
24 | with subsection
(e), if respondent fails to answer or | ||||||
25 | appear in accordance with the
date set in the publication | ||||||
26 | notice or the return date indicated on the
service of a |
| |||||||
| |||||||
1 | household member.
| ||||||
2 | (g) Emergency orders. If an order is granted under | ||||||
3 | subsection (c) of Section 217, the court shall immediately | ||||||
4 | file a certified copy of the order with the sheriff or other | ||||||
5 | law enforcement official charged with maintaining Department | ||||||
6 | of State Police records. | ||||||
7 | (Source: P.A. 101-508, eff. 1-1-20 .)
| ||||||
8 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
9 | Sec. 214. Order of protection; remedies.
| ||||||
10 | (a) Issuance of order. If the court finds that petitioner | ||||||
11 | has been
abused by a family or household member or that | ||||||
12 | petitioner is a high-risk
adult who has been abused, | ||||||
13 | neglected, or exploited, as defined in this Act,
an order of | ||||||
14 | protection prohibiting the abuse, neglect, or exploitation
| ||||||
15 | shall issue; provided that petitioner must also satisfy the | ||||||
16 | requirements of
one of the following Sections, as appropriate: | ||||||
17 | Section 217 on emergency
orders, Section 218 on interim | ||||||
18 | orders, or Section 219 on plenary orders.
Petitioner shall not | ||||||
19 | be denied an order of protection because petitioner or
| ||||||
20 | respondent is a minor. The court, when determining whether or | ||||||
21 | not to issue
an order of protection, shall not require | ||||||
22 | physical manifestations of abuse
on the person of the victim. | ||||||
23 | Modification and extension of prior
orders of protection shall | ||||||
24 | be in accordance with this Act.
| ||||||
25 | (b) Remedies and standards. The remedies to be included in |
| |||||||
| |||||||
1 | an order of
protection shall be determined in accordance with | ||||||
2 | this Section and one of
the following Sections, as | ||||||
3 | appropriate: Section 217 on emergency orders,
Section 218 on | ||||||
4 | interim orders, and Section 219 on plenary orders. The
| ||||||
5 | remedies listed in this subsection shall be in addition to | ||||||
6 | other civil or
criminal remedies available to petitioner.
| ||||||
7 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
8 | Prohibit
respondent's harassment, interference with | ||||||
9 | personal liberty, intimidation
of a dependent, physical | ||||||
10 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
11 | defined in this Act, or stalking of the petitioner, as | ||||||
12 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
13 | such abuse, neglect,
exploitation, or stalking has | ||||||
14 | occurred or otherwise appears likely to occur if
not | ||||||
15 | prohibited.
| ||||||
16 | (2) Grant of exclusive possession of residence. | ||||||
17 | Prohibit respondent from
entering or remaining in any | ||||||
18 | residence, household, or premises of the petitioner,
| ||||||
19 | including one owned or leased by respondent, if petitioner | ||||||
20 | has a right to
occupancy thereof. The grant of exclusive | ||||||
21 | possession of the residence, household, or premises shall | ||||||
22 | not
affect title to real property, nor shall the court be | ||||||
23 | limited by the standard
set forth in subsection (c-2) of | ||||||
24 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
25 | Marriage
Act.
| ||||||
26 | (A) Right to occupancy. A party has a right to |
| |||||||
| |||||||
1 | occupancy of a
residence or household if it is solely | ||||||
2 | or jointly owned or leased by that
party, that party's | ||||||
3 | spouse, a person with a legal duty to support that | ||||||
4 | party or
a minor child in that party's care, or by any | ||||||
5 | person or entity other than the
opposing party that | ||||||
6 | authorizes that party's occupancy (e.g., a domestic
| ||||||
7 | violence shelter). Standards set forth in subparagraph | ||||||
8 | (B) shall not preclude
equitable relief.
| ||||||
9 | (B) Presumption of hardships. If petitioner and | ||||||
10 | respondent
each has the right to occupancy of a | ||||||
11 | residence or household, the court
shall balance (i) | ||||||
12 | the hardships to respondent and any minor child or
| ||||||
13 | dependent adult in respondent's care resulting from | ||||||
14 | entry of this remedy with
(ii) the hardships to | ||||||
15 | petitioner and any minor child or dependent adult in
| ||||||
16 | petitioner's care resulting from continued exposure to | ||||||
17 | the risk of abuse
(should petitioner remain at the | ||||||
18 | residence or household) or from loss of
possession of | ||||||
19 | the residence or household (should petitioner leave to | ||||||
20 | avoid the
risk of abuse). When determining the balance | ||||||
21 | of hardships, the court shall
also take into account | ||||||
22 | the accessibility of the residence or household.
| ||||||
23 | Hardships need not be balanced if respondent does not | ||||||
24 | have a right to
occupancy.
| ||||||
25 | The balance of hardships is presumed to favor | ||||||
26 | possession by
petitioner unless the presumption is |
| |||||||
| |||||||
1 | rebutted by a preponderance of the
evidence, showing | ||||||
2 | that the hardships to respondent substantially | ||||||
3 | outweigh
the hardships to petitioner and any minor | ||||||
4 | child or dependent adult in
petitioner's care. The | ||||||
5 | court, on the request of petitioner or on its own
| ||||||
6 | motion, may order respondent to provide suitable, | ||||||
7 | accessible, alternate housing
for petitioner instead | ||||||
8 | of excluding respondent from a mutual residence or
| ||||||
9 | household.
| ||||||
10 | (3) Stay away order and additional prohibitions.
Order | ||||||
11 | respondent to stay away from petitioner or any other | ||||||
12 | person
protected by the order of protection, or prohibit | ||||||
13 | respondent from entering
or remaining present at | ||||||
14 | petitioner's school, place of employment, or other
| ||||||
15 | specified places at times when petitioner is present, or | ||||||
16 | both, if
reasonable, given the balance of hardships. | ||||||
17 | Hardships need not be balanced for
the court to enter a | ||||||
18 | stay away order or prohibit entry if respondent has no
| ||||||
19 | right to enter the premises.
| ||||||
20 | (A) If an order of protection grants petitioner | ||||||
21 | exclusive possession
of the residence, or prohibits | ||||||
22 | respondent from entering the residence,
or orders | ||||||
23 | respondent to stay away from petitioner or other
| ||||||
24 | protected persons, then the court may allow respondent | ||||||
25 | access to the
residence to remove items of clothing | ||||||
26 | and personal adornment
used exclusively by respondent, |
| |||||||
| |||||||
1 | medications, and other items as the court
directs. The | ||||||
2 | right to access shall be exercised on only one | ||||||
3 | occasion as the
court directs and in the presence of an | ||||||
4 | agreed-upon adult third party or law
enforcement | ||||||
5 | officer.
| ||||||
6 | (B) When the petitioner and the respondent attend | ||||||
7 | the same public, private, or non-public elementary, | ||||||
8 | middle, or high school, the court when issuing an | ||||||
9 | order of protection and providing relief shall | ||||||
10 | consider the severity of the act, any continuing | ||||||
11 | physical danger or emotional distress to the | ||||||
12 | petitioner, the educational rights guaranteed to the | ||||||
13 | petitioner and respondent under federal and State law, | ||||||
14 | the availability of a transfer of the respondent to | ||||||
15 | another school, a change of placement or a change of | ||||||
16 | program of the respondent, the expense, difficulty, | ||||||
17 | and educational disruption that would be caused by a | ||||||
18 | transfer of the respondent to another school, and any | ||||||
19 | other relevant facts of the case. The court may order | ||||||
20 | that the respondent not attend the public, private, or | ||||||
21 | non-public elementary, middle, or high school attended | ||||||
22 | by the petitioner, order that the respondent accept a | ||||||
23 | change of placement or change of program, as | ||||||
24 | determined by the school district or private or | ||||||
25 | non-public school, or place restrictions on the | ||||||
26 | respondent's movements within the school attended by |
| |||||||
| |||||||
1 | the petitioner.
The respondent bears the burden of | ||||||
2 | proving by a preponderance of the evidence that a | ||||||
3 | transfer, change of placement, or change of program of | ||||||
4 | the respondent is not available. The respondent also | ||||||
5 | bears the burden of production with respect to the | ||||||
6 | expense, difficulty, and educational disruption that | ||||||
7 | would be caused by a transfer of the respondent to | ||||||
8 | another school. A transfer, change of placement, or | ||||||
9 | change of program is not unavailable to the respondent | ||||||
10 | solely on the ground that the respondent does not | ||||||
11 | agree with the school district's or private or | ||||||
12 | non-public school's transfer, change of placement, or | ||||||
13 | change of program or solely on the ground that the | ||||||
14 | respondent fails or refuses to consent or otherwise | ||||||
15 | does not take an action required to effectuate a | ||||||
16 | transfer, change of placement, or change of program.
| ||||||
17 | When a court orders a respondent to stay away from the | ||||||
18 | public, private, or non-public school attended by the | ||||||
19 | petitioner and the respondent requests a transfer to | ||||||
20 | another attendance center within the respondent's | ||||||
21 | school district or private or non-public school, the | ||||||
22 | school district or private or non-public school shall | ||||||
23 | have sole discretion to determine the attendance | ||||||
24 | center to which the respondent is transferred.
In the | ||||||
25 | event the court order results in a transfer of the | ||||||
26 | minor respondent to another attendance center, a |
| |||||||
| |||||||
1 | change in the respondent's placement, or a change of | ||||||
2 | the respondent's program, the parents, guardian, or | ||||||
3 | legal custodian of the respondent is responsible for | ||||||
4 | transportation and other costs associated with the | ||||||
5 | transfer or change. | ||||||
6 | (C) The court may order the parents, guardian, or | ||||||
7 | legal custodian of a minor respondent to take certain | ||||||
8 | actions or to refrain from taking certain actions to | ||||||
9 | ensure that the respondent complies with the order. In | ||||||
10 | the event the court orders a transfer of the | ||||||
11 | respondent to another school, the parents, guardian, | ||||||
12 | or legal custodian of the respondent is responsible | ||||||
13 | for transportation and other costs associated with the | ||||||
14 | change of school by the respondent. | ||||||
15 | (4) Counseling. Require or recommend the respondent to | ||||||
16 | undergo
counseling for a specified duration with a social | ||||||
17 | worker, psychologist,
clinical psychologist, | ||||||
18 | psychiatrist, family service agency, alcohol or
substance | ||||||
19 | abuse program, mental health center guidance counselor, | ||||||
20 | agency
providing services to elders, program designed for | ||||||
21 | domestic violence
abusers or any other guidance service | ||||||
22 | the court deems appropriate. The Court may order the | ||||||
23 | respondent in any intimate partner relationship to report | ||||||
24 | to an Illinois Department of Human Services protocol | ||||||
25 | approved partner abuse intervention program for an | ||||||
26 | assessment and to follow all recommended treatment.
|
| |||||||
| |||||||
1 | (5) Physical care and possession of the minor child. | ||||||
2 | In order to protect
the minor child from abuse, neglect, | ||||||
3 | or unwarranted separation from the person
who has been the | ||||||
4 | minor child's primary caretaker, or to otherwise protect | ||||||
5 | the
well-being of the minor child, the court may do either | ||||||
6 | or both of the
following: (i) grant petitioner physical | ||||||
7 | care or possession of the minor child,
or both, or (ii) | ||||||
8 | order respondent to return a minor child to, or not remove | ||||||
9 | a
minor child from, the physical care of a parent or person | ||||||
10 | in loco parentis.
| ||||||
11 | If a court finds, after a hearing, that respondent has | ||||||
12 | committed abuse
(as defined in Section 103) of a minor | ||||||
13 | child, there shall be a
rebuttable presumption that | ||||||
14 | awarding physical care to respondent would not
be in the | ||||||
15 | minor child's best interest.
| ||||||
16 | (6) Temporary allocation of parental responsibilities: | ||||||
17 | significant decision-making. Award temporary | ||||||
18 | decision-making responsibility to petitioner
in accordance | ||||||
19 | with this Section, the Illinois Marriage and Dissolution | ||||||
20 | of
Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
21 | this State's Uniform
Child-Custody Jurisdiction and | ||||||
22 | Enforcement Act.
| ||||||
23 | If a court finds, after a hearing, that respondent has | ||||||
24 | committed abuse (as
defined in Section 103) of a minor | ||||||
25 | child, there shall be a rebuttable
presumption that | ||||||
26 | awarding temporary significant decision-making |
| |||||||
| |||||||
1 | responsibility to respondent would not be in
the child's | ||||||
2 | best interest.
| ||||||
3 | (7) Parenting time. Determine the parenting time, if | ||||||
4 | any, of respondent in
any case in which the court awards | ||||||
5 | physical care or allocates temporary significant | ||||||
6 | decision-making responsibility of
a minor child to | ||||||
7 | petitioner. The court shall restrict or deny respondent's | ||||||
8 | parenting time
with a minor child if the court finds that | ||||||
9 | respondent has done or is
likely to do any of the | ||||||
10 | following: (i) abuse or endanger the minor child during | ||||||
11 | parenting time; (ii) use the parenting time as an | ||||||
12 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
13 | family or household members; (iii) improperly
conceal or | ||||||
14 | detain the minor child; or (iv) otherwise act in a manner | ||||||
15 | that is
not in the best interests of the minor child. The | ||||||
16 | court shall not be limited
by the standards set forth in | ||||||
17 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
18 | Marriage Act. If the court grants parenting time, the | ||||||
19 | order shall
specify dates and times for the parenting time | ||||||
20 | to take place or other specific
parameters or conditions | ||||||
21 | that are appropriate. No order for parenting time shall
| ||||||
22 | refer merely to the term "reasonable parenting time".
| ||||||
23 | Petitioner may deny respondent access to the minor | ||||||
24 | child if, when
respondent arrives for parenting time, | ||||||
25 | respondent is under the influence of drugs
or alcohol and | ||||||
26 | constitutes a threat to the safety and well-being of
|
| |||||||
| |||||||
1 | petitioner or petitioner's minor children or is behaving | ||||||
2 | in a violent or
abusive manner.
| ||||||
3 | If necessary to protect any member of petitioner's | ||||||
4 | family or
household from future abuse, respondent shall be | ||||||
5 | prohibited from coming to
petitioner's residence to meet | ||||||
6 | the minor child for parenting time, and the
parties shall | ||||||
7 | submit to the court their recommendations for reasonable
| ||||||
8 | alternative arrangements for parenting time. A person may | ||||||
9 | be approved to
supervise parenting time only after filing | ||||||
10 | an affidavit accepting
that responsibility and | ||||||
11 | acknowledging accountability to the court.
| ||||||
12 | (8) Removal or concealment of minor child. Prohibit | ||||||
13 | respondent from
removing a minor child from the State or | ||||||
14 | concealing the child within the State.
| ||||||
15 | (9) Order to appear. Order the respondent to appear in | ||||||
16 | court, alone
or with a minor child, to prevent abuse, | ||||||
17 | neglect, removal or concealment of
the child, to return | ||||||
18 | the child to the custody or care of the petitioner or
to | ||||||
19 | permit any court-ordered interview or examination of the | ||||||
20 | child or the
respondent.
| ||||||
21 | (10) Possession of personal property. Grant petitioner | ||||||
22 | exclusive
possession of personal property and, if | ||||||
23 | respondent has possession or
control, direct respondent to | ||||||
24 | promptly make it available to petitioner, if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the parties own the property jointly; sharing | ||||||
2 | it would risk
abuse of petitioner by respondent or is | ||||||
3 | impracticable; and the balance of
hardships favors | ||||||
4 | temporary possession by petitioner.
| ||||||
5 | If petitioner's sole claim to ownership of the | ||||||
6 | property is that it is
marital property, the court may | ||||||
7 | award petitioner temporary possession
thereof under the | ||||||
8 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
9 | proper proceeding has been filed under the Illinois | ||||||
10 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
11 | hereafter amended.
| ||||||
12 | No order under this provision shall affect title to | ||||||
13 | property.
| ||||||
14 | (11) Protection of property. Forbid the respondent | ||||||
15 | from taking,
transferring, encumbering, concealing, | ||||||
16 | damaging or otherwise disposing of
any real or personal | ||||||
17 | property, except as explicitly authorized by the
court, | ||||||
18 | if:
| ||||||
19 | (i) petitioner, but not respondent, owns the | ||||||
20 | property; or
| ||||||
21 | (ii) the parties own the property jointly,
and the | ||||||
22 | balance of hardships favors granting this remedy.
| ||||||
23 | If petitioner's sole claim to ownership of the | ||||||
24 | property is that it is
marital property, the court may | ||||||
25 | grant petitioner relief under subparagraph
(ii) of this | ||||||
26 | paragraph only if a proper proceeding has been filed under |
| |||||||
| |||||||
1 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
2 | now or hereafter amended.
| ||||||
3 | The court may further prohibit respondent from | ||||||
4 | improperly using the
financial or other resources of an | ||||||
5 | aged member of the family or household
for the profit or | ||||||
6 | advantage of respondent or of any other person.
| ||||||
7 | (11.5) Protection of animals. Grant the petitioner the | ||||||
8 | exclusive care, custody, or control of any animal owned, | ||||||
9 | possessed, leased, kept, or held by either the petitioner | ||||||
10 | or the respondent or a minor child residing in the | ||||||
11 | residence or household of either the petitioner or the | ||||||
12 | respondent and order the respondent to stay away from the | ||||||
13 | animal and forbid the respondent from taking, | ||||||
14 | transferring, encumbering, concealing, harming, or | ||||||
15 | otherwise disposing of the animal.
| ||||||
16 | (12) Order for payment of support. Order respondent to | ||||||
17 | pay temporary
support for the petitioner or any child in | ||||||
18 | the petitioner's care or over whom the petitioner has been | ||||||
19 | allocated parental responsibility, when the respondent has | ||||||
20 | a legal obligation to support that person,
in accordance | ||||||
21 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
22 | Act, which shall govern, among other matters, the amount | ||||||
23 | of
support, payment through the clerk and withholding of | ||||||
24 | income to secure
payment. An order for child support may | ||||||
25 | be granted to a petitioner with
lawful physical care of a | ||||||
26 | child, or an order or agreement for
physical care of a |
| |||||||
| |||||||
1 | child, prior to entry of an order allocating significant | ||||||
2 | decision-making responsibility.
Such a support order shall | ||||||
3 | expire upon entry of a valid order allocating parental | ||||||
4 | responsibility differently and vacating the petitioner's | ||||||
5 | significant decision-making authority, unless otherwise | ||||||
6 | provided in the order.
| ||||||
7 | (13) Order for payment of losses. Order respondent to | ||||||
8 | pay petitioner for
losses suffered as a direct result of | ||||||
9 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
10 | include, but not be limited to, medical expenses, lost
| ||||||
11 | earnings or other support, repair or replacement of | ||||||
12 | property damaged or taken,
reasonable attorney's fees, | ||||||
13 | court costs and moving or other travel expenses,
including | ||||||
14 | additional reasonable expenses for temporary shelter and | ||||||
15 | restaurant
meals.
| ||||||
16 | (i) Losses affecting family needs. If a party is | ||||||
17 | entitled to seek
maintenance, child support or | ||||||
18 | property distribution from the other party
under the | ||||||
19 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
20 | now or
hereafter amended, the court may order | ||||||
21 | respondent to reimburse petitioner's
actual losses, to | ||||||
22 | the extent that such reimbursement would be | ||||||
23 | "appropriate
temporary relief", as authorized by | ||||||
24 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
25 | (ii) Recovery of expenses. In the case of an | ||||||
26 | improper concealment
or removal of a minor child, the |
| |||||||
| |||||||
1 | court may order respondent to pay the
reasonable | ||||||
2 | expenses incurred or to be incurred in the search for | ||||||
3 | and recovery
of the minor child, including but not | ||||||
4 | limited to legal fees, court costs,
private | ||||||
5 | investigator fees, and travel costs.
| ||||||
6 | (14) Prohibition of entry. Prohibit the respondent | ||||||
7 | from entering or
remaining in the residence or household | ||||||
8 | while the respondent is under the
influence of alcohol or | ||||||
9 | drugs and constitutes a threat to the safety and
| ||||||
10 | well-being of the petitioner or the petitioner's children.
| ||||||
11 | (14.5) Prohibition of firearm possession.
| ||||||
12 | (a) Prohibit a respondent against whom an order of | ||||||
13 | protection was issued from possessing any firearms | ||||||
14 | during the duration of the order if the order: | ||||||
15 | (1) was issued after a hearing of which such | ||||||
16 | person received
actual notice, and at which such | ||||||
17 | person had an opportunity to
participate; | ||||||
18 | (2) restrains such person from harassing, | ||||||
19 | stalking, or
threatening an intimate partner of | ||||||
20 | such person or child of such
intimate partner or | ||||||
21 | person, or engaging in other conduct that
would | ||||||
22 | place an intimate partner in reasonable fear of | ||||||
23 | bodily
injury to the partner or child; and | ||||||
24 | (3)(i) includes a finding that such person | ||||||
25 | represents a
credible threat to the physical | ||||||
26 | safety of such intimate partner
or child; or
(ii) |
| |||||||
| |||||||
1 | by its terms explicitly prohibits the use, | ||||||
2 | attempted
use, or threatened use of physical force | ||||||
3 | against such intimate
partner or child that would | ||||||
4 | reasonably be expected to cause
bodily injury. | ||||||
5 | Any Firearm Owner's Identification Card in the
| ||||||
6 | possession of the respondent, except as provided in | ||||||
7 | subsection (b), shall be ordered by the court to be | ||||||
8 | turned
over to the local law enforcement agency. The | ||||||
9 | local law enforcement agency shall immediately mail | ||||||
10 | the card to the Illinois State Police Firearm Owner's | ||||||
11 | Identification Card Office
for safekeeping. The court | ||||||
12 | shall
issue a warrant for seizure of any firearm in the | ||||||
13 | possession of the respondent, to be kept by the local | ||||||
14 | law enforcement agency for safekeeping, except as | ||||||
15 | provided in subsection (b).
The period of safekeeping | ||||||
16 | shall be for the duration of the order of protection. | ||||||
17 | The firearm or firearms and Firearm Owner's | ||||||
18 | Identification Card, if unexpired, shall at the | ||||||
19 | respondent's request, be returned to the respondent at | ||||||
20 | the end
of the order of protection. It is the | ||||||
21 | respondent's responsibility to notify the Illinois | ||||||
22 | State Police Firearm Owner's Identification Card | ||||||
23 | Office .
| ||||||
24 | (b) If the respondent is a peace officer as | ||||||
25 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
26 | the court shall order that any firearms used by the
|
| |||||||
| |||||||
1 | respondent in the performance of his or her duties as a
| ||||||
2 | peace officer be surrendered to
the chief law | ||||||
3 | enforcement executive of the agency in which the | ||||||
4 | respondent is
employed, who shall retain the firearms | ||||||
5 | for safekeeping for the duration of the order of | ||||||
6 | protection.
| ||||||
7 | (c) Upon expiration of the period of safekeeping, | ||||||
8 | if the firearms or Firearm Owner's Identification Card | ||||||
9 | cannot be returned to respondent because respondent | ||||||
10 | cannot be located, fails to respond to requests to | ||||||
11 | retrieve the firearms, or is not lawfully eligible to | ||||||
12 | possess a firearm, upon petition from the local law | ||||||
13 | enforcement agency, the court may order the local law | ||||||
14 | enforcement agency to destroy the firearms, use the | ||||||
15 | firearms for training purposes, or for any other | ||||||
16 | application as deemed appropriate by the local law | ||||||
17 | enforcement agency; or that the firearms be turned | ||||||
18 | over to a third party who is lawfully eligible to | ||||||
19 | possess firearms, and who does not reside with | ||||||
20 | respondent. | ||||||
21 | (15) Prohibition of access to records. If an order of | ||||||
22 | protection
prohibits respondent from having contact with | ||||||
23 | the minor child,
or if petitioner's address is omitted | ||||||
24 | under subsection (b) of
Section 203, or if necessary to | ||||||
25 | prevent abuse or wrongful removal or
concealment of a | ||||||
26 | minor child, the order shall deny respondent access to, |
| |||||||
| |||||||
1 | and
prohibit respondent from inspecting, obtaining, or | ||||||
2 | attempting to
inspect or obtain, school or any other | ||||||
3 | records of the minor child
who is in the care of | ||||||
4 | petitioner.
| ||||||
5 | (16) Order for payment of shelter services. Order | ||||||
6 | respondent to
reimburse a shelter providing temporary | ||||||
7 | housing and counseling services to
the petitioner for the | ||||||
8 | cost of the services, as certified by the shelter
and | ||||||
9 | deemed reasonable by the court.
| ||||||
10 | (17) Order for injunctive relief. Enter injunctive | ||||||
11 | relief necessary
or appropriate to prevent further abuse | ||||||
12 | of a family or household member
or further abuse, neglect, | ||||||
13 | or exploitation of a high-risk adult with
disabilities or | ||||||
14 | to effectuate one of the granted remedies, if supported by | ||||||
15 | the
balance of hardships. If the harm to be prevented by | ||||||
16 | the injunction is abuse
or any other harm that one of the | ||||||
17 | remedies listed in paragraphs (1) through
(16) of this | ||||||
18 | subsection is designed to prevent, no further evidence is
| ||||||
19 | necessary that the harm is an irreparable injury.
| ||||||
20 | (18) Telephone services. | ||||||
21 | (A) Unless a condition described in subparagraph | ||||||
22 | (B) of this paragraph exists, the court may, upon | ||||||
23 | request by the petitioner, order a wireless telephone | ||||||
24 | service provider to transfer to the petitioner the | ||||||
25 | right to continue to use a telephone number or numbers | ||||||
26 | indicated by the petitioner and the financial |
| |||||||
| |||||||
1 | responsibility associated with the number or numbers, | ||||||
2 | as set forth in subparagraph (C) of this paragraph. | ||||||
3 | For purposes of this paragraph (18), the term | ||||||
4 | "wireless telephone service provider" means a provider | ||||||
5 | of commercial mobile service as defined in 47 U.S.C. | ||||||
6 | 332. The petitioner may request the transfer of each | ||||||
7 | telephone number that the petitioner, or a minor child | ||||||
8 | in his or her custody, uses. The clerk of the court | ||||||
9 | shall serve the order on the wireless telephone | ||||||
10 | service provider's agent for service of process | ||||||
11 | provided to the Illinois Commerce Commission. The | ||||||
12 | order shall contain all of the following: | ||||||
13 | (i) The name and billing telephone number of | ||||||
14 | the account holder including the name of the | ||||||
15 | wireless telephone service provider that serves | ||||||
16 | the account. | ||||||
17 | (ii) Each telephone number that will be | ||||||
18 | transferred. | ||||||
19 | (iii) A statement that the provider transfers | ||||||
20 | to the petitioner all financial responsibility for | ||||||
21 | and right to the use of any telephone number | ||||||
22 | transferred under this paragraph. | ||||||
23 | (B) A wireless telephone service provider shall | ||||||
24 | terminate the respondent's use of, and shall transfer | ||||||
25 | to the petitioner use of, the telephone number or | ||||||
26 | numbers indicated in subparagraph (A) of this |
| |||||||
| |||||||
1 | paragraph unless it notifies the petitioner, within 72 | ||||||
2 | hours after it receives the order, that one of the | ||||||
3 | following applies: | ||||||
4 | (i) The account holder named in the order has | ||||||
5 | terminated the account. | ||||||
6 | (ii) A difference in network technology would | ||||||
7 | prevent or impair the functionality of a device on | ||||||
8 | a network if the transfer occurs. | ||||||
9 | (iii) The transfer would cause a geographic or | ||||||
10 | other limitation on network or service provision | ||||||
11 | to the petitioner. | ||||||
12 | (iv) Another technological or operational | ||||||
13 | issue would prevent or impair the use of the | ||||||
14 | telephone number if the transfer occurs. | ||||||
15 | (C) The petitioner assumes all financial | ||||||
16 | responsibility for and right to the use of any | ||||||
17 | telephone number transferred under this paragraph. In | ||||||
18 | this paragraph, "financial responsibility" includes | ||||||
19 | monthly service costs and costs associated with any | ||||||
20 | mobile device associated with the number. | ||||||
21 | (D) A wireless telephone service provider may | ||||||
22 | apply to the petitioner its routine and customary | ||||||
23 | requirements for establishing an account or | ||||||
24 | transferring a number, including requiring the | ||||||
25 | petitioner to provide proof of identification, | ||||||
26 | financial information, and customer preferences.
|
| |||||||
| |||||||
1 | (E) Except for willful or wanton misconduct, a | ||||||
2 | wireless telephone service provider is immune from | ||||||
3 | civil liability for its actions taken in compliance | ||||||
4 | with a court order issued under this paragraph. | ||||||
5 | (F) All wireless service providers that provide | ||||||
6 | services to residential customers shall provide to the | ||||||
7 | Illinois Commerce Commission the name and address of | ||||||
8 | an agent for service of orders entered under this | ||||||
9 | paragraph (18). Any change in status of the registered | ||||||
10 | agent must be reported to the Illinois Commerce | ||||||
11 | Commission within 30 days of such change. | ||||||
12 | (G) The Illinois Commerce Commission shall | ||||||
13 | maintain the list of registered agents for service for | ||||||
14 | each wireless telephone service provider on the | ||||||
15 | Commission's website. The Commission may consult with | ||||||
16 | wireless telephone service providers and the Circuit | ||||||
17 | Court Clerks on the manner in which this information | ||||||
18 | is provided and displayed. | ||||||
19 | (c) Relevant factors; findings.
| ||||||
20 | (1) In determining whether to grant a specific remedy, | ||||||
21 | other than
payment of support, the court shall consider
| ||||||
22 | relevant factors, including but not limited to the | ||||||
23 | following:
| ||||||
24 | (i) the nature, frequency, severity, pattern and | ||||||
25 | consequences of the
respondent's past abuse, neglect | ||||||
26 | or exploitation of the petitioner or
any family or |
| |||||||
| |||||||
1 | household member, including the concealment of his or | ||||||
2 | her
location in order to evade service of process or | ||||||
3 | notice, and the likelihood of
danger of future abuse, | ||||||
4 | neglect, or exploitation to petitioner or any member | ||||||
5 | of
petitioner's or respondent's family or household; | ||||||
6 | and
| ||||||
7 | (ii) the danger that any minor child will be | ||||||
8 | abused or neglected or
improperly relocated from the | ||||||
9 | jurisdiction, improperly concealed within the
State or | ||||||
10 | improperly separated from the child's primary | ||||||
11 | caretaker.
| ||||||
12 | (2) In comparing relative hardships resulting to the | ||||||
13 | parties from loss
of possession of the family home, the | ||||||
14 | court shall consider relevant
factors, including but not | ||||||
15 | limited to the following:
| ||||||
16 | (i) availability, accessibility, cost, safety, | ||||||
17 | adequacy, location and
other characteristics of | ||||||
18 | alternate housing for each party and any minor child
| ||||||
19 | or dependent adult in the party's care;
| ||||||
20 | (ii) the effect on the party's employment; and
| ||||||
21 | (iii) the effect on the relationship of the party, | ||||||
22 | and any minor
child or dependent adult in the party's | ||||||
23 | care, to family, school, church
and community.
| ||||||
24 | (3) Subject to the exceptions set forth in paragraph | ||||||
25 | (4) of this
subsection, the court shall make its findings | ||||||
26 | in an official record or in
writing, and shall at a minimum |
| |||||||
| |||||||
1 | set forth the following:
| ||||||
2 | (i) That the court has considered the applicable | ||||||
3 | relevant factors
described in paragraphs (1) and (2) | ||||||
4 | of this subsection.
| ||||||
5 | (ii) Whether the conduct or actions of respondent, | ||||||
6 | unless
prohibited, will likely cause irreparable harm | ||||||
7 | or continued abuse.
| ||||||
8 | (iii) Whether it is necessary to grant the | ||||||
9 | requested relief in order
to protect petitioner or | ||||||
10 | other alleged abused persons.
| ||||||
11 | (4) For purposes of issuing an ex parte emergency | ||||||
12 | order of protection,
the court, as an alternative to or as | ||||||
13 | a supplement to making the findings
described in | ||||||
14 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
15 | subsection, may
use the following procedure:
| ||||||
16 | When a verified petition for an emergency order of | ||||||
17 | protection in
accordance with the requirements of Sections | ||||||
18 | 203 and 217 is
presented to the court, the court shall | ||||||
19 | examine petitioner on oath or
affirmation. An emergency | ||||||
20 | order of protection shall be issued by the court
if it | ||||||
21 | appears from the contents of the petition and the | ||||||
22 | examination of
petitioner that the averments are | ||||||
23 | sufficient to indicate abuse by
respondent and to support | ||||||
24 | the granting of relief under the issuance of the
emergency | ||||||
25 | order of protection.
| ||||||
26 | (5) Never married parties. No rights or |
| |||||||
| |||||||
1 | responsibilities for a minor
child born outside of | ||||||
2 | marriage attach to a putative father until a father and
| ||||||
3 | child relationship has been established under the Illinois | ||||||
4 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
5 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
6 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
7 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
8 | Support Act, the Uniform Interstate Family Support
Act, | ||||||
9 | the Expedited Child Support Act of 1990, any judicial, | ||||||
10 | administrative, or
other act of another state or | ||||||
11 | territory, any other Illinois statute, or by any
foreign | ||||||
12 | nation establishing the father and child relationship, any | ||||||
13 | other
proceeding substantially in conformity with the | ||||||
14 | Personal Responsibility and
Work Opportunity | ||||||
15 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
16 | both
parties appeared in open court or at an | ||||||
17 | administrative hearing acknowledging
under
oath or | ||||||
18 | admitting by affirmation the existence of a father and | ||||||
19 | child
relationship.
Absent such an adjudication, finding, | ||||||
20 | or acknowledgment, no putative
father shall be granted
| ||||||
21 | temporary allocation of parental responsibilities, | ||||||
22 | including parenting time with the minor child, or
physical | ||||||
23 | care and possession of the minor child, nor shall an order | ||||||
24 | of payment
for support of the minor child be entered.
| ||||||
25 | (d) Balance of hardships; findings. If the court finds | ||||||
26 | that the balance
of hardships does not support the granting of |
| |||||||
| |||||||
1 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
2 | subsection (b) of this Section,
which may require such | ||||||
3 | balancing, the court's findings shall so
indicate and shall | ||||||
4 | include a finding as to whether granting the remedy will
| ||||||
5 | result in hardship to respondent that would substantially | ||||||
6 | outweigh the hardship
to petitioner from denial of the remedy. | ||||||
7 | The findings shall be an official
record or in writing.
| ||||||
8 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
9 | based, in
whole or in part, on evidence that:
| ||||||
10 | (1) Respondent has cause for any use of force, unless | ||||||
11 | that cause
satisfies the standards for justifiable use of | ||||||
12 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
13 | (2) Respondent was voluntarily intoxicated;
| ||||||
14 | (3) Petitioner acted in self-defense or defense of | ||||||
15 | another, provided
that, if petitioner utilized force, such | ||||||
16 | force was justifiable under
Article 7 of the Criminal Code | ||||||
17 | of 2012;
| ||||||
18 | (4) Petitioner did not act in self-defense or defense | ||||||
19 | of another;
| ||||||
20 | (5) Petitioner left the residence or household to | ||||||
21 | avoid further abuse,
neglect, or exploitation by | ||||||
22 | respondent;
| ||||||
23 | (6) Petitioner did not leave the residence or | ||||||
24 | household to avoid further
abuse, neglect, or exploitation | ||||||
25 | by respondent;
| ||||||
26 | (7) Conduct by any family or household member excused |
| |||||||
| |||||||
1 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
2 | that same conduct would have
excused such abuse, neglect, | ||||||
3 | or exploitation if the parties had not been
family or | ||||||
4 | household members.
| ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
6 | Section 110. The Uniform Disposition of Unclaimed Property | ||||||
7 | Act is amended by changing Section 1 as follows:
| ||||||
8 | (765 ILCS 1025/1) (from Ch. 141, par. 101)
| ||||||
9 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
10 | requires:
| ||||||
11 | (a) "Banking organization" means any bank, trust company, | ||||||
12 | savings bank,
industrial bank, land bank, safe deposit | ||||||
13 | company, or a private banker.
| ||||||
14 | (b) "Business association" means any corporation, joint | ||||||
15 | stock company,
business trust, partnership, or any
| ||||||
16 | association, limited liability company, or other business | ||||||
17 | entity consisting
of one or more persons, whether or not for | ||||||
18 | profit.
| ||||||
19 | (c) "Financial organization" means any savings and loan | ||||||
20 | association,
building and loan association, credit union, | ||||||
21 | currency exchange,
co-operative bank, mutual funds, or | ||||||
22 | investment company.
| ||||||
23 | (d) "Holder" means any person in possession of property | ||||||
24 | subject to this
Act belonging to another, or who is trustee in |
| |||||||
| |||||||
1 | case of a trust, or is
indebted to another on an obligation | ||||||
2 | subject to this Act.
| ||||||
3 | (e) "Life insurance corporation" means any association or | ||||||
4 | corporation
transacting the business of insurance on the lives | ||||||
5 | of
persons or insurance appertaining thereto, including, but | ||||||
6 | not by way of
limitation, endowments and annuities.
| ||||||
7 | (f) "Owner" means a depositor in case of a deposit, a | ||||||
8 | beneficiary in
case of a trust, a creditor, claimant, or payee | ||||||
9 | in case of other property, or any person having a legal or | ||||||
10 | equitable interest in property
subject to this Act, or his | ||||||
11 | legal representative.
| ||||||
12 | (g) "Person" means any individual, business association, | ||||||
13 | financial
organization, government or
political subdivision or | ||||||
14 | agency, public authority,
estate, trust, or any other legal or
| ||||||
15 | commercial entity.
| ||||||
16 | (h) "Utility" means any person who owns or operates,
for | ||||||
17 | public use, any plant, equipment, property, franchise, or | ||||||
18 | license for
the transmission of communications or the | ||||||
19 | production, storage,
transmission, sale, delivery, or | ||||||
20 | furnishing of electricity, water,
steam, oil or gas.
| ||||||
21 | (i) (Blank).
| ||||||
22 | (j) "Insurance company" means any person transacting the | ||||||
23 | kinds of
business enumerated in Section 4 of the Illinois | ||||||
24 | Insurance Code other than
life insurance.
| ||||||
25 | (k) "Economic loss", as used in Sections 2a and 9 of this | ||||||
26 | Act includes,
but is not limited to,
delivery charges, |
| |||||||
| |||||||
1 | mark-downs and write-offs, carrying
costs, restocking charges, | ||||||
2 | lay-aways, special orders, issuance of credit memos,
and the | ||||||
3 | costs of special services or goods
provided that reduce the | ||||||
4 | property value or that result in lost sales
opportunity.
| ||||||
5 | (l) "Reportable property" means property, tangible or | ||||||
6 | intangible, presumed
abandoned under this Act that must be | ||||||
7 | appropriately and timely reported and
remitted to the Office | ||||||
8 | of the State Treasurer under this
Act. Interest, dividends, | ||||||
9 | stock splits,
warrants, or other rights that become reportable | ||||||
10 | property under this Act
include the underlying security or | ||||||
11 | commodity giving rise to the interest,
dividend, split, | ||||||
12 | warrant, or other right to which the owner would be entitled.
| ||||||
13 | (m) "Firearm" has the meaning ascribed to that term in | ||||||
14 | Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners
| ||||||
15 | Identification Card Act .
| ||||||
16 | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; | ||||||
17 | 91-748, eff. 6-2-00.)
| ||||||
18 | Section 115. The Revised Uniform Unclaimed Property Act is | ||||||
19 | amended by changing Section 15-705 as follows: | ||||||
20 | (765 ILCS 1026/15-705)
| ||||||
21 | Sec. 15-705. Exceptions to the sale of tangible property. | ||||||
22 | The administrator shall dispose of tangible property | ||||||
23 | identified by this Section in accordance with this Section. | ||||||
24 | (a) Military medals or decorations. The administrator may |
| |||||||
| |||||||
1 | not sell a medal or decoration awarded for military service in | ||||||
2 | the armed forces of the United States. Instead, the | ||||||
3 | administrator, with the consent of the respective organization | ||||||
4 | under paragraph (1), agency under paragraph (2), or entity | ||||||
5 | under paragraph (3), may deliver a medal or decoration to be | ||||||
6 | held in custody for the owner, to: | ||||||
7 | (1) a military veterans organization qualified under | ||||||
8 | Section 501(c)(19) of the Internal Revenue Code; | ||||||
9 | (2) the agency that awarded the medal or decoration; | ||||||
10 | or | ||||||
11 | (3) a governmental entity. | ||||||
12 | After delivery, the administrator is not responsible for | ||||||
13 | the safekeeping of the medal or decoration. | ||||||
14 | (b) Property with historical value. Property that the | ||||||
15 | administrator reasonably believes may have historical value | ||||||
16 | may be, at his or her discretion, loaned to an accredited | ||||||
17 | museum in the United States where it will be kept until such | ||||||
18 | time as the administrator orders it to be returned to his or | ||||||
19 | her custody. | ||||||
20 | (c) Human remains. If human remains are delivered to the | ||||||
21 | administrator under this Act, the administrator shall deliver | ||||||
22 | those human remains to the coroner of the county in which the | ||||||
23 | human remains were abandoned for disposition under Section | ||||||
24 | 3-3034 of the Counties Code. The only human remains that may be | ||||||
25 | delivered to the administrator under this Act and that the | ||||||
26 | administrator may receive are those that are reported and |
| |||||||
| |||||||
1 | delivered as contents of a safe deposit box. | ||||||
2 | (d) Evidence in a criminal investigation. Property that | ||||||
3 | may have been used in the commission of a crime or that may | ||||||
4 | assist in the investigation of a crime, as determined after | ||||||
5 | consulting with the Illinois State Police, shall be delivered | ||||||
6 | to the Illinois State Police or other appropriate law | ||||||
7 | enforcement authority to allow law enforcement to determine | ||||||
8 | whether a criminal investigation should take place. Any such | ||||||
9 | property delivered to a law enforcement authority shall be | ||||||
10 | held in accordance with existing statutes and rules related to | ||||||
11 | the gathering, retention, and release of evidence. | ||||||
12 | (e) Firearms. | ||||||
13 | (1) The administrator, in cooperation with the | ||||||
14 | Illinois State Police, shall develop a procedure to | ||||||
15 | determine whether a firearm delivered to the administrator | ||||||
16 | under this Act has been stolen or used in the commission of | ||||||
17 | a crime. The Illinois State Police shall determine the | ||||||
18 | appropriate disposition of a firearm that has been stolen | ||||||
19 | or used in the commission of a crime. The administrator | ||||||
20 | shall attempt to return a firearm that has not been stolen | ||||||
21 | or used in the commission of a crime to the rightful owner | ||||||
22 | if the Illinois State Police determines that the owner may | ||||||
23 | lawfully possess the firearm. | ||||||
24 | (2) If the administrator is unable to return a firearm | ||||||
25 | to its owner, the administrator shall transfer custody of | ||||||
26 | the firearm to the Illinois State Police. Legal title to a |
| |||||||
| |||||||
1 | firearm transferred to the Illinois State Police under | ||||||
2 | this subsection (e) is vested in the Illinois State Police | ||||||
3 | by operation of law if: | ||||||
4 | (i) the administrator cannot locate the owner of | ||||||
5 | the firearm; | ||||||
6 | (ii) the owner of the firearm may not lawfully | ||||||
7 | possess the firearm; | ||||||
8 | (iii) the apparent owner does not respond to | ||||||
9 | notice published under Section 15-503 of this Act; or | ||||||
10 | (iv) the apparent owner responds to notice | ||||||
11 | published under Section 15-502 and states that he or | ||||||
12 | she no longer claims an interest in the firearm. | ||||||
13 | (3) With respect to a firearm whose title is | ||||||
14 | transferred to the Illinois State Police under this | ||||||
15 | subsection (e), the Illinois State Police may: | ||||||
16 | (i) retain the firearm for use by the crime | ||||||
17 | laboratory system, for training purposes, or for any | ||||||
18 | other application as deemed appropriate by the | ||||||
19 | Department; | ||||||
20 | (ii) transfer the firearm to the Illinois State | ||||||
21 | Museum if the firearm has historical value; or | ||||||
22 | (iii) destroy the firearm if it is not retained | ||||||
23 | pursuant to subparagraph (i) or transferred pursuant | ||||||
24 | to subparagraph (ii). | ||||||
25 | As used in this subsection, "firearm" has the meaning | ||||||
26 | provided in Section 2-7.5 of the Criminal Code of 2012 the |
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1 | Firearm Owners Identification Card Act .
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 195. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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