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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||||||
5 | changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 as follows:
| |||||||||||||||||||||||||||
6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| |||||||||||||||||||||||||||
7 | Sec. 24-1. Unlawful use of weapons.
| |||||||||||||||||||||||||||
8 | (a) A person commits the offense of unlawful use of | |||||||||||||||||||||||||||
9 | weapons when
he knowingly:
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10 | (1) Sells, manufactures, purchases, possesses or | |||||||||||||||||||||||||||
11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | |||||||||||||||||||||||||||
12 | sand-bag, metal knuckles or other knuckle weapon | |||||||||||||||||||||||||||
13 | regardless of its composition, throwing star,
or any | |||||||||||||||||||||||||||
14 | knife, commonly referred to as a switchblade knife, which | |||||||||||||||||||||||||||
15 | has a
blade that opens automatically by hand pressure | |||||||||||||||||||||||||||
16 | applied to a button,
spring or other device in the handle | |||||||||||||||||||||||||||
17 | of the knife, or a ballistic knife,
which is a device that | |||||||||||||||||||||||||||
18 | propels a knifelike blade as a projectile by means
of a | |||||||||||||||||||||||||||
19 | coil spring, elastic material or compressed gas; or
| |||||||||||||||||||||||||||
20 | (2) Carries or possesses with intent to use the same | |||||||||||||||||||||||||||
21 | unlawfully
against another, a dagger, dirk, billy, | |||||||||||||||||||||||||||
22 | dangerous knife, razor,
stiletto, broken bottle or other | |||||||||||||||||||||||||||
23 | piece of glass, stun gun or taser or
any other dangerous or |
| |||||||
| |||||||
1 | deadly weapon or instrument of like character; or
| ||||||
2 | (2.5) Carries or possesses with intent to use the same | ||||||
3 | unlawfully against another, any firearm in a church, | ||||||
4 | synagogue, mosque, or other building, structure, or place | ||||||
5 | used for religious worship; or | ||||||
6 | (3) Carries on or about his person or in any vehicle, a | ||||||
7 | tear gas gun
projector or bomb or any object containing | ||||||
8 | noxious liquid gas or
substance, other than an object | ||||||
9 | containing a non-lethal noxious liquid gas
or substance | ||||||
10 | designed solely for personal defense carried by a person | ||||||
11 | 18
years of age or older; or
| ||||||
12 | (4) Carries or possesses in any vehicle or concealed | ||||||
13 | on or about his
person except when on his land or in his | ||||||
14 | own abode, legal dwelling, or fixed place of
business, or | ||||||
15 | on the land or in the legal dwelling of another person as | ||||||
16 | an invitee with that person's permission, any pistol, | ||||||
17 | revolver, stun gun or taser or other firearm, except
that
| ||||||
18 | this subsection (a) (4) does not apply to or affect | ||||||
19 | transportation of weapons
that meet one of the following | ||||||
20 | conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
| ||||||
22 | (ii) are not immediately accessible; or
| ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or |
| |||||||
| |||||||
1 | (iv) are carried or possessed in accordance with | ||||||
2 | the Firearm Concealed Carry Act by a person who has | ||||||
3 | been issued a currently valid license under the | ||||||
4 | Firearm Concealed Carry Act; or
| ||||||
5 | (5) Sets a spring gun; or
| ||||||
6 | (6) (Blank) Possesses any device or attachment of any | ||||||
7 | kind designed, used or
intended for use in silencing the | ||||||
8 | report of any firearm ; or
| ||||||
9 | (7) Sells, manufactures, purchases, possesses or | ||||||
10 | carries:
| ||||||
11 | (i) a machine gun, which shall be defined for the | ||||||
12 | purposes of this
subsection as any weapon,
which | ||||||
13 | shoots, is designed to shoot, or can be readily | ||||||
14 | restored to shoot,
automatically more than one shot | ||||||
15 | without manually reloading by a single
function of the | ||||||
16 | trigger, including the frame or receiver
of any such | ||||||
17 | weapon, or sells, manufactures, purchases, possesses, | ||||||
18 | or
carries any combination of parts designed or | ||||||
19 | intended for
use in converting any weapon into a | ||||||
20 | machine gun, or any combination or
parts from which a | ||||||
21 | machine gun can be assembled if such parts are in the
| ||||||
22 | possession or under the control of a person;
| ||||||
23 | (ii) any rifle having one or
more barrels less | ||||||
24 | than 16 inches in length or a shotgun having one or | ||||||
25 | more
barrels less than 18 inches in length or any | ||||||
26 | weapon made from a rifle or
shotgun, whether by |
| |||||||
| |||||||
1 | alteration, modification, or otherwise, if such a | ||||||
2 | weapon
as modified has an overall length of less than | ||||||
3 | 26 inches; or
| ||||||
4 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
5 | other container containing an
explosive substance of | ||||||
6 | over one-quarter ounce for like purposes, such
as, but | ||||||
7 | not limited to, black powder bombs and Molotov | ||||||
8 | cocktails or
artillery projectiles; or
| ||||||
9 | (8) Carries or possesses any firearm, stun gun or | ||||||
10 | taser or other
deadly weapon in any place which is | ||||||
11 | licensed to sell intoxicating
beverages, or at any public | ||||||
12 | gathering held pursuant to a license issued
by any | ||||||
13 | governmental body or any public gathering at which an | ||||||
14 | admission
is charged, excluding a place where a showing, | ||||||
15 | demonstration or lecture
involving the exhibition of | ||||||
16 | unloaded firearms is conducted.
| ||||||
17 | This subsection (a)(8) does not apply to any auction | ||||||
18 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
19 | issued by a governmental body, nor does it apply to | ||||||
20 | persons
engaged
in firearm safety training courses; or
| ||||||
21 | (9) Carries or possesses in a vehicle or on or about | ||||||
22 | his or her person any
pistol, revolver, stun gun or taser | ||||||
23 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
24 | robed or masked in such manner as to conceal his or her | ||||||
25 | identity; or
| ||||||
26 | (10) Carries or possesses on or about his or her |
| |||||||
| |||||||
1 | person, upon any public street,
alley, or other public | ||||||
2 | lands within the corporate limits of a city, village,
or | ||||||
3 | incorporated town, except when an invitee thereon or | ||||||
4 | therein, for the
purpose of the display of such weapon or | ||||||
5 | the lawful commerce in weapons, or
except when on his land | ||||||
6 | or in his or her own abode, legal dwelling, or fixed place | ||||||
7 | of business, or on the land or in the legal dwelling of | ||||||
8 | another person as an invitee with that person's | ||||||
9 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
10 | other firearm, except that this
subsection (a) (10) does | ||||||
11 | not apply to or affect transportation of weapons that
meet | ||||||
12 | one of the following conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who has been issued a currently
valid Firearm | ||||||
18 | Owner's
Identification Card; or
| ||||||
19 | (iv) are carried or possessed in accordance with | ||||||
20 | the Firearm Concealed Carry Act by a person who has | ||||||
21 | been issued a currently valid license under the | ||||||
22 | Firearm Concealed Carry Act. | ||||||
23 | A "stun gun or taser", as used in this paragraph (a) | ||||||
24 | means (i) any device
which is powered by electrical | ||||||
25 | charging units, such as, batteries, and
which fires one or | ||||||
26 | several barbs attached to a length of wire and
which, upon |
| |||||||
| |||||||
1 | hitting a human, can send out a current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable of
normal functioning or (ii) any | ||||||
4 | device which is powered by electrical
charging units, such | ||||||
5 | as batteries, and which, upon contact with a human or
| ||||||
6 | clothing worn by a human, can send out current capable of | ||||||
7 | disrupting
the person's nervous system in such a manner as | ||||||
8 | to render him incapable
of normal functioning; or
| ||||||
9 | (11) Sells, manufactures, or purchases any explosive | ||||||
10 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
11 | bullet" means the projectile portion of
an ammunition | ||||||
12 | cartridge which contains or carries an explosive charge | ||||||
13 | which
will explode upon contact with the flesh of a human | ||||||
14 | or an animal.
"Cartridge" means a tubular metal case | ||||||
15 | having a projectile affixed at the
front thereof and a cap | ||||||
16 | or primer at the rear end thereof, with the
propellant | ||||||
17 | contained in such tube between the projectile and the cap; | ||||||
18 | or
| ||||||
19 | (12) (Blank); or
| ||||||
20 | (13) Carries or possesses on or about his or her | ||||||
21 | person while in a building occupied by a unit of | ||||||
22 | government, a billy club, other weapon of like character, | ||||||
23 | or other instrument of like character intended for use as | ||||||
24 | a weapon. For the purposes of this Section, "billy club" | ||||||
25 | means a short stick or club commonly carried by police | ||||||
26 | officers which is either telescopic or constructed of a |
| |||||||
| |||||||
1 | solid piece of wood or other man-made material. | ||||||
2 | (b) Sentence. A person convicted of a violation of | ||||||
3 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
4 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
5 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
6 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
7 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
8 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
9 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
10 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
11 | of not less than 3 years and not more than 7 years, unless the | ||||||
12 | weapon is possessed in the
passenger compartment of a motor | ||||||
13 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
14 | Code, or on the person, while the weapon is loaded, in which
| ||||||
15 | case it shall be a Class X felony. A person convicted of a
| ||||||
16 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
18 | felony. A person convicted of a violation of subsection | ||||||
19 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
20 | weapon in violation of this Section constitutes a single and | ||||||
21 | separate violation.
| ||||||
22 | (c) Violations in specific places.
| ||||||
23 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
24 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
25 | the time of year, in residential
property owned, operated | ||||||
26 | or managed by a public housing agency or
leased by
a public |
| |||||||
| |||||||
1 | housing agency as part of a scattered site or mixed-income
| ||||||
2 | development, in a
public park, in a courthouse, on the | ||||||
3 | real property comprising any school,
regardless of the
| ||||||
4 | time of day or the time of year, on residential property | ||||||
5 | owned, operated
or
managed by a public housing agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development,
on the real property | ||||||
8 | comprising any
public park, on the real property | ||||||
9 | comprising any courthouse, in any conveyance
owned, leased | ||||||
10 | or contracted by a school to
transport students to or from | ||||||
11 | school or a school related activity, in any conveyance
| ||||||
12 | owned, leased, or contracted by a public transportation | ||||||
13 | agency, or on any
public way within 1,000 feet of the real | ||||||
14 | property comprising any school,
public park, courthouse, | ||||||
15 | public transportation facility, or residential property | ||||||
16 | owned, operated, or managed
by a public housing agency
or | ||||||
17 | leased by a public housing agency as part of a scattered | ||||||
18 | site or
mixed-income development
commits a Class 2 felony | ||||||
19 | and shall be sentenced to a term of imprisonment of not | ||||||
20 | less than 3 years and not more than 7 years.
| ||||||
21 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
22 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
23 | the time of day or the time of year,
in residential | ||||||
24 | property owned, operated, or managed by a public
housing
| ||||||
25 | agency
or leased by a public housing agency as part of a | ||||||
26 | scattered site or
mixed-income development,
in
a public
|
| |||||||
| |||||||
1 | park, in a courthouse, on the real property comprising any | ||||||
2 | school, regardless
of the time of day or the time of year, | ||||||
3 | on residential property owned,
operated, or managed by a | ||||||
4 | public housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development,
| ||||||
6 | on the real property
comprising any public park, on the | ||||||
7 | real property comprising any courthouse, in
any conveyance | ||||||
8 | owned, leased, or contracted by a school to transport | ||||||
9 | students
to or from school or a school related activity, | ||||||
10 | in any conveyance
owned, leased, or contracted by a public | ||||||
11 | transportation agency, or on any public way within
1,000 | ||||||
12 | feet of the real property comprising any school, public | ||||||
13 | park, courthouse,
public transportation facility, or | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency
or leased by a public housing agency | ||||||
16 | as part of a scattered site or
mixed-income development
| ||||||
17 | commits a Class 3 felony.
| ||||||
18 | (2) A person who violates subsection 24-1(a)(1), | ||||||
19 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
20 | time of day or the time of year, in
residential property | ||||||
21 | owned, operated or managed by a public housing
agency
or | ||||||
22 | leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development,
in
a public park, in a | ||||||
24 | courthouse, on the real property comprising any school,
| ||||||
25 | regardless of the time of day or the time of year, on | ||||||
26 | residential property
owned, operated or managed by a |
| |||||||
| |||||||
1 | public housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development,
| ||||||
3 | on the real property
comprising any public park, on the | ||||||
4 | real property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, | ||||||
7 | in any conveyance
owned, leased, or contracted by a public | ||||||
8 | transportation agency, or on any public way within
1,000 | ||||||
9 | feet of the real property comprising any school, public | ||||||
10 | park, courthouse,
public transportation facility, or | ||||||
11 | residential property owned, operated, or managed by a | ||||||
12 | public
housing agency or leased by a public housing agency | ||||||
13 | as part of a scattered
site or mixed-income development | ||||||
14 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
15 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
16 | of
this State for the conduct of official business.
| ||||||
17 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
18 | (c) shall not
apply to law
enforcement officers or | ||||||
19 | security officers of such school, college, or
university | ||||||
20 | or to students carrying or possessing firearms for use in | ||||||
21 | training
courses, parades, hunting, target shooting on | ||||||
22 | school ranges, or otherwise with
the consent of school | ||||||
23 | authorities and which firearms are transported unloaded
| ||||||
24 | enclosed in a suitable case, box, or transportation | ||||||
25 | package.
| ||||||
26 | (4) For the purposes of this subsection (c), "school" |
| |||||||
| |||||||
1 | means any public or
private elementary or secondary | ||||||
2 | school, community college, college, or
university.
| ||||||
3 | (5) For the purposes of this subsection (c), "public | ||||||
4 | transportation agency" means a public or private agency | ||||||
5 | that provides for the transportation or conveyance of
| ||||||
6 | persons by means available to the general public, except | ||||||
7 | for transportation
by automobiles not used for conveyance | ||||||
8 | of the general public as passengers; and "public | ||||||
9 | transportation facility" means a terminal or other place
| ||||||
10 | where one may obtain public transportation.
| ||||||
11 | (d) The presence in an automobile other than a public | ||||||
12 | omnibus of any
weapon, instrument or substance referred to in | ||||||
13 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
14 | possession of, and is being
carried by, all persons occupying | ||||||
15 | such automobile at the time such
weapon, instrument or | ||||||
16 | substance is found, except under the following
circumstances: | ||||||
17 | (i) if such weapon, instrument or instrumentality is
found | ||||||
18 | upon the person of one of the occupants therein; or (ii) if | ||||||
19 | such
weapon, instrument or substance is found in an automobile | ||||||
20 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
21 | and proper pursuit of
his or her trade, then such presumption | ||||||
22 | shall not apply to the driver.
| ||||||
23 | (e) Exemptions. | ||||||
24 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
25 | Spearguns are exempted from the definition of ballistic | ||||||
26 | knife as defined in
paragraph (1) of subsection (a) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (2) The provision of paragraph (1) of subsection (a) | ||||||
3 | of this Section prohibiting the sale, manufacture, | ||||||
4 | purchase, possession, or carrying of any knife, commonly | ||||||
5 | referred to as a switchblade knife, which has a
blade that | ||||||
6 | opens automatically by hand pressure applied to a button,
| ||||||
7 | spring or other device in the handle of the knife, does not | ||||||
8 | apply to a person who possesses a currently valid Firearm | ||||||
9 | Owner's Identification Card previously issued in his or | ||||||
10 | her name by the Illinois State Police or to a person or an | ||||||
11 | entity engaged in the business of selling or manufacturing | ||||||
12 | switchblade knives.
| ||||||
13 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
14 | (720 ILCS 5/24-1.2-5)
| ||||||
15 | Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | ||||||
16 | firearm equipped with a device designed or used for silencing
| ||||||
17 | the report of a firearm .
| ||||||
18 | (a) A person commits aggravated discharge of a
machine gun | ||||||
19 | or a firearm equipped with a device designed or used for | ||||||
20 | silencing
the report of a firearm
when he or she knowingly or
| ||||||
21 | intentionally:
| ||||||
22 | (1) Discharges a
machine gun or a firearm equipped | ||||||
23 | with a device designed or used for silencing
the report of | ||||||
24 | a firearm
at or into a building he or she knows to be
| ||||||
25 | occupied and the
machine gun or the firearm equipped with |
| |||||||
| |||||||
1 | a device designed or used for
silencing
the report of a | ||||||
2 | firearm
is discharged from a place or position outside
| ||||||
3 | that building;
| ||||||
4 | (2) Discharges a
machine gun or a firearm equipped | ||||||
5 | with a device designed or used for silencing
the report of | ||||||
6 | a firearm
in the direction of another person or in the
| ||||||
7 | direction of a vehicle he or she knows to be occupied;
| ||||||
8 | (3) Discharges a
machine gun or a firearm equipped | ||||||
9 | with a device designed or used for silencing
the report of | ||||||
10 | a firearm
in the direction of a person he or she knows to | ||||||
11 | be
a peace officer, a person summoned or directed by a | ||||||
12 | peace officer, a
correctional institution employee, or a | ||||||
13 | fireman while the officer,
employee or fireman is engaged | ||||||
14 | in the execution of any of his or her official
duties, or | ||||||
15 | to prevent the officer, employee or fireman from | ||||||
16 | performing his
or her official duties, or in retaliation | ||||||
17 | for the officer, employee or fireman
performing his or her | ||||||
18 | official duties;
| ||||||
19 | (4) Discharges a
machine gun or a firearm equipped | ||||||
20 | with a device designed or used for silencing
the report of | ||||||
21 | a firearm
in the direction of a vehicle he or she knows to | ||||||
22 | be
occupied by a peace officer, a person summoned or | ||||||
23 | directed by a peace
officer, a correctional institution | ||||||
24 | employee or a fireman while the
officer, employee or | ||||||
25 | fireman is engaged in the execution of any of his
or her | ||||||
26 | official duties, or to prevent the officer, employee or |
| |||||||
| |||||||
1 | fireman from
performing his or her official duties, or in | ||||||
2 | retaliation for the officer,
employee or fireman | ||||||
3 | performing his or her official duties;
| ||||||
4 | (5) Discharges a
machine gun or a firearm equipped | ||||||
5 | with a device designed or used for silencing
the report of | ||||||
6 | a firearm
in the direction of a person he or she knows to | ||||||
7 | be
emergency medical services personnel while the
| ||||||
8 | emergency medical services personnel is engaged in the | ||||||
9 | execution of any of his or her official duties, or
to
| ||||||
10 | prevent the
emergency medical services personnel from | ||||||
11 | performing his or her official duties, or in
retaliation
| ||||||
12 | for the
emergency medical services personnel performing | ||||||
13 | his or her official duties;
| ||||||
14 | (6) Discharges a
machine gun or a firearm equipped | ||||||
15 | with a device designed or used for silencing
the report of | ||||||
16 | a firearm
in the direction of a vehicle he or she knows to
| ||||||
17 | be occupied by emergency medical services personnel, while | ||||||
18 | the
emergency medical services personnel is engaged in the | ||||||
19 | execution of any of his or her official
duties, or to | ||||||
20 | prevent the
emergency medical services personnel from | ||||||
21 | performing his or her official duties,
or
in retaliation | ||||||
22 | for the
emergency medical services personnel performing | ||||||
23 | his or her official
duties;
| ||||||
24 | (7) Discharges a machine gun or a firearm equipped | ||||||
25 | with a device
designed or used for silencing the report of | ||||||
26 | a firearm in the direction of a
person he or she knows to |
| |||||||
| |||||||
1 | be an emergency management worker while the emergency
| ||||||
2 | management worker is engaged in the execution of any of | ||||||
3 | his or her official
duties, or to prevent the emergency | ||||||
4 | management worker from performing his or
her official | ||||||
5 | duties, or in retaliation for the emergency management | ||||||
6 | worker
performing his or her official duties; or
| ||||||
7 | (8) Discharges a machine gun or a firearm equipped | ||||||
8 | with a device designed
or used for silencing the report of | ||||||
9 | a firearm in the direction of a vehicle he
or she knows to | ||||||
10 | be occupied by an emergency management worker while the
| ||||||
11 | emergency management worker is engaged in the execution of | ||||||
12 | any of his or her
official duties, or to prevent the | ||||||
13 | emergency management worker from performing
his or her | ||||||
14 | official duties, or in retaliation for the emergency | ||||||
15 | management
worker performing his or her official duties.
| ||||||
16 | (b) A violation of subsection (a) (1) or subsection (a) | ||||||
17 | (2) of this
Section is a Class X felony. A violation of | ||||||
18 | subsection (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) | ||||||
19 | (8) of this Section is a Class X
felony for which the
sentence | ||||||
20 | shall be a term of imprisonment of no less than 12 years and no | ||||||
21 | more
than 50 years.
| ||||||
22 | (c) For the purpose of this Section: | ||||||
23 | "Emergency medical services personnel" has the meaning | ||||||
24 | specified in Section 3.5 of the Emergency Medical Services | ||||||
25 | (EMS) Systems Act and shall include all ambulance crew | ||||||
26 | members, including drivers or pilots. |
| |||||||
| |||||||
1 | "Machine gun" has the meaning ascribed
to it in clause | ||||||
2 | (i) of paragraph (7) of subsection (a) of Section 24-1 of | ||||||
3 | this
Code.
| ||||||
4 | (d) This Section does not apply to a peace officer while | ||||||
5 | serving as a member of a tactical response team or special | ||||||
6 | operations team. A peace officer may not personally own or | ||||||
7 | apply for ownership of a device or attachment of any kind | ||||||
8 | designed, used, or intended for use in silencing the report of | ||||||
9 | any firearm. These devices shall be owned and maintained by | ||||||
10 | lawfully recognized units of government whose duties include | ||||||
11 | the investigation of criminal acts.
| ||||||
12 | (Source: P.A. 99-816, eff. 8-15-16.)
| ||||||
13 | (720 ILCS 5/24-2)
| ||||||
14 | (Text of Section before amendment by P.A. 102-152 )
| ||||||
15 | Sec. 24-2. Exemptions.
| ||||||
16 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
17 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
18 | the following:
| ||||||
19 | (1) Peace officers, and any person summoned by a peace | ||||||
20 | officer to
assist in making arrests or preserving the | ||||||
21 | peace, while actually engaged in
assisting such officer.
| ||||||
22 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
23 | penitentiaries, jails and other institutions for the | ||||||
24 | detention of persons
accused or convicted of an offense, | ||||||
25 | while in the performance of their
official duty, or while |
| |||||||
| |||||||
1 | commuting between their homes and places of employment.
| ||||||
2 | (3) Members of the Armed Services or Reserve Forces of | ||||||
3 | the United States
or the Illinois National Guard or the | ||||||
4 | Reserve Officers Training Corps,
while in the performance | ||||||
5 | of their official duty.
| ||||||
6 | (4) Special agents employed by a railroad or a public | ||||||
7 | utility to
perform police functions, and guards of armored | ||||||
8 | car companies, while
actually engaged in the performance | ||||||
9 | of the duties of their employment or
commuting between | ||||||
10 | their homes and places of employment; and watchmen
while | ||||||
11 | actually engaged in the performance of the duties of their | ||||||
12 | employment.
| ||||||
13 | (5) Persons licensed as private security contractors, | ||||||
14 | private
detectives, or private alarm contractors, or | ||||||
15 | employed by a private security contractor, private | ||||||
16 | detective, or private alarm contractor agency licensed
by | ||||||
17 | the Department of Financial and Professional Regulation, | ||||||
18 | if their duties
include the carrying of a weapon under the | ||||||
19 | provisions of the Private
Detective, Private Alarm,
| ||||||
20 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
21 | 2004,
while actually
engaged in the performance of the | ||||||
22 | duties of their employment or commuting
between their | ||||||
23 | homes and places of employment. A person shall be | ||||||
24 | considered eligible for this
exemption if he or she has | ||||||
25 | completed the required 20
hours of training for a private | ||||||
26 | security contractor, private
detective, or private alarm |
| |||||||
| |||||||
1 | contractor, or employee of a licensed private security | ||||||
2 | contractor, private detective, or private alarm contractor | ||||||
3 | agency and 20 hours of required firearm
training, and has | ||||||
4 | been issued a firearm control card by
the Department of | ||||||
5 | Financial and Professional Regulation. Conditions for the | ||||||
6 | renewal of
firearm control cards issued under the | ||||||
7 | provisions of this Section
shall be the same as for those | ||||||
8 | cards issued under the provisions of the
Private | ||||||
9 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
10 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
11 | card shall be carried by the private security contractor, | ||||||
12 | private
detective, or private alarm contractor, or | ||||||
13 | employee of the licensed private security contractor, | ||||||
14 | private detective, or private alarm contractor agency at | ||||||
15 | all
times when he or she is in possession of a concealable | ||||||
16 | weapon permitted by his or her firearm control card.
| ||||||
17 | (6) Any person regularly employed in a commercial or | ||||||
18 | industrial
operation as a security guard for the | ||||||
19 | protection of persons employed
and private property | ||||||
20 | related to such commercial or industrial
operation, while | ||||||
21 | actually engaged in the performance of his or her
duty or | ||||||
22 | traveling between sites or properties belonging to the
| ||||||
23 | employer, and who, as a security guard, is a member of a | ||||||
24 | security force registered with the Department of Financial | ||||||
25 | and Professional
Regulation; provided that such security | ||||||
26 | guard has successfully completed a
course of study, |
| |||||||
| |||||||
1 | approved by and supervised by the Department of
Financial | ||||||
2 | and Professional Regulation, consisting of not less than | ||||||
3 | 40 hours of training
that includes the theory of law | ||||||
4 | enforcement, liability for acts, and the
handling of | ||||||
5 | weapons. A person shall be considered eligible for this
| ||||||
6 | exemption if he or she has completed the required 20
hours | ||||||
7 | of training for a security officer and 20 hours of | ||||||
8 | required firearm
training, and has been issued a firearm | ||||||
9 | control card by
the Department of Financial and | ||||||
10 | Professional Regulation. Conditions for the renewal of
| ||||||
11 | firearm control cards issued under the provisions of this | ||||||
12 | Section
shall be the same as for those cards issued under | ||||||
13 | the provisions of the
Private Detective, Private Alarm,
| ||||||
14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
15 | 2004. The
firearm control card shall be carried by the | ||||||
16 | security guard at all
times when he or she is in possession | ||||||
17 | of a concealable weapon permitted by his or her firearm | ||||||
18 | control card.
| ||||||
19 | (7) Agents and investigators of the Illinois | ||||||
20 | Legislative Investigating
Commission authorized by the | ||||||
21 | Commission to carry the weapons specified in
subsections | ||||||
22 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
23 | any investigation for the Commission.
| ||||||
24 | (8) Persons employed by a financial institution as a | ||||||
25 | security guard for the protection of
other employees and | ||||||
26 | property related to such financial institution, while
|
| |||||||
| |||||||
1 | actually engaged in the performance of their duties, | ||||||
2 | commuting between
their homes and places of employment, or | ||||||
3 | traveling between sites or
properties owned or operated by | ||||||
4 | such financial institution, and who, as a security guard, | ||||||
5 | is a member of a security force registered with the | ||||||
6 | Department; provided that
any person so employed has | ||||||
7 | successfully completed a course of study,
approved by and | ||||||
8 | supervised by the Department of Financial and Professional | ||||||
9 | Regulation,
consisting of not less than 40 hours of | ||||||
10 | training which includes theory of
law enforcement, | ||||||
11 | liability for acts, and the handling of weapons.
A person | ||||||
12 | shall be considered to be eligible for this exemption if | ||||||
13 | he or
she has completed the required 20 hours of training | ||||||
14 | for a security officer
and 20 hours of required firearm | ||||||
15 | training, and has been issued a
firearm control card by | ||||||
16 | the Department of Financial and Professional Regulation.
| ||||||
17 | Conditions for renewal of firearm control cards issued | ||||||
18 | under the
provisions of this Section shall be the same as | ||||||
19 | for those issued under the
provisions of the Private | ||||||
20 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
21 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
22 | card shall be carried by the security guard at all times | ||||||
23 | when he or she is in possession of a concealable
weapon | ||||||
24 | permitted by his or her firearm control card. For purposes | ||||||
25 | of this subsection, "financial institution" means a
bank, | ||||||
26 | savings and loan association, credit union or company |
| |||||||
| |||||||
1 | providing
armored car services.
| ||||||
2 | (9) Any person employed by an armored car company to | ||||||
3 | drive an armored
car, while actually engaged in the | ||||||
4 | performance of his duties.
| ||||||
5 | (10) Persons who have been classified as peace | ||||||
6 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
7 | Act.
| ||||||
8 | (11) Investigators of the Office of the State's | ||||||
9 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
10 | governors of the Office of the
State's Attorneys Appellate | ||||||
11 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
12 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
13 | (12) Special investigators appointed by a State's | ||||||
14 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
15 | (12.5) Probation officers while in the performance of | ||||||
16 | their duties, or
while commuting between their homes, | ||||||
17 | places of employment or specific locations
that are part | ||||||
18 | of their assigned duties, with the consent of the chief | ||||||
19 | judge of
the circuit for which they are employed, if they | ||||||
20 | have received weapons training according
to requirements | ||||||
21 | of the Peace Officer and Probation Officer Firearm | ||||||
22 | Training Act.
| ||||||
23 | (13) Court Security Officers while in the performance | ||||||
24 | of their official
duties, or while commuting between their | ||||||
25 | homes and places of employment, with
the
consent of the | ||||||
26 | Sheriff.
|
| |||||||
| |||||||
1 | (13.5) A person employed as an armed security guard at | ||||||
2 | a nuclear energy,
storage, weapons or development site or | ||||||
3 | facility regulated by the Nuclear
Regulatory Commission | ||||||
4 | who has completed the background screening and training
| ||||||
5 | mandated by the rules and regulations of the Nuclear | ||||||
6 | Regulatory Commission.
| ||||||
7 | (14) Manufacture, transportation, or sale of weapons | ||||||
8 | to
persons
authorized under subdivisions (1) through | ||||||
9 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
10 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
11 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
12 | or handgun and the person has been issued a currently valid | ||||||
13 | license under the Firearm Concealed Carry Act at the time of | ||||||
14 | the commission of the offense. | ||||||
15 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
16 | to
or affect a qualified current or retired law enforcement | ||||||
17 | officer qualified under the laws of this State or under the | ||||||
18 | federal Law Enforcement Officers Safety Act. | ||||||
19 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
20 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
21 | (1) Members of any club or organization organized for | ||||||
22 | the purpose of
practicing shooting at targets upon | ||||||
23 | established target ranges, whether
public or private, and | ||||||
24 | patrons of such ranges, while such members
or patrons are | ||||||
25 | using their firearms on those target ranges.
| ||||||
26 | (2) Duly authorized military or civil organizations |
| |||||||
| |||||||
1 | while parading,
with the special permission of the | ||||||
2 | Governor.
| ||||||
3 | (3) Hunters, trappers or fishermen with a license or
| ||||||
4 | permit while engaged in hunting,
trapping or fishing.
| ||||||
5 | (4) Transportation of weapons that are broken down in | ||||||
6 | a
non-functioning state or are not immediately accessible.
| ||||||
7 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
8 | gun or taser or other firearm on the land or in the legal | ||||||
9 | dwelling of another person as an invitee with that | ||||||
10 | person's permission. | ||||||
11 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
12 | of the
following:
| ||||||
13 | (1) Peace officers while in performance of their | ||||||
14 | official duties.
| ||||||
15 | (2) Wardens, superintendents and keepers of prisons, | ||||||
16 | penitentiaries,
jails and other institutions for the | ||||||
17 | detention of persons accused or
convicted of an offense.
| ||||||
18 | (3) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United States
or the Illinois National Guard, while in | ||||||
20 | the performance of their official
duty.
| ||||||
21 | (4) Manufacture, transportation, or sale of machine | ||||||
22 | guns to persons
authorized under subdivisions (1) through | ||||||
23 | (3) of this subsection to
possess machine guns, if the | ||||||
24 | machine guns are broken down in a
non-functioning state or | ||||||
25 | are not immediately accessible.
| ||||||
26 | (5) Persons licensed under federal law to manufacture |
| |||||||
| |||||||
1 | any weapon from
which 8 or more shots or bullets can be | ||||||
2 | discharged by a
single function of the firing device, or | ||||||
3 | ammunition for such weapons, and
actually engaged in the | ||||||
4 | business of manufacturing such weapons or
ammunition, but | ||||||
5 | only with respect to activities which are within the | ||||||
6 | lawful
scope of such business, such as the manufacture, | ||||||
7 | transportation, or testing
of such weapons or ammunition. | ||||||
8 | This exemption does not authorize the
general private | ||||||
9 | possession of any weapon from which 8 or more
shots or | ||||||
10 | bullets can be discharged by a single function of the | ||||||
11 | firing
device, but only such possession and activities as | ||||||
12 | are within the lawful
scope of a licensed manufacturing | ||||||
13 | business described in this paragraph.
| ||||||
14 | During transportation, such weapons shall be broken | ||||||
15 | down in a
non-functioning state or not immediately | ||||||
16 | accessible.
| ||||||
17 | (6) The manufacture, transport, testing, delivery, | ||||||
18 | transfer or sale,
and all lawful commercial or | ||||||
19 | experimental activities necessary thereto, of
rifles, | ||||||
20 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
21 | ammunition for such rifles, shotguns or weapons, where | ||||||
22 | engaged in
by a person operating as a contractor or | ||||||
23 | subcontractor pursuant to a
contract or subcontract for | ||||||
24 | the development and supply of such rifles,
shotguns, | ||||||
25 | weapons or ammunition to the United States government or | ||||||
26 | any
branch of the Armed Forces of the United States, when |
| |||||||
| |||||||
1 | such activities are
necessary and incident to fulfilling | ||||||
2 | the terms of such contract.
| ||||||
3 | The exemption granted under this subdivision (c)(6)
| ||||||
4 | shall also apply to any authorized agent of any such | ||||||
5 | contractor or
subcontractor who is operating within the | ||||||
6 | scope of his employment, where
such activities involving | ||||||
7 | such weapon, weapons or ammunition are necessary
and | ||||||
8 | incident to fulfilling the terms of such contract.
| ||||||
9 | (7) A person possessing a rifle with a barrel or | ||||||
10 | barrels less than 16 inches in length if: (A) the person | ||||||
11 | has been issued a Curios and Relics license from the U.S. | ||||||
12 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
13 | (B) the person is an active member of a bona fide, | ||||||
14 | nationally recognized military re-enacting group and the | ||||||
15 | modification is required and necessary to accurately | ||||||
16 | portray the weapon for historical re-enactment purposes; | ||||||
17 | the re-enactor is in possession of a valid and current | ||||||
18 | re-enacting group membership credential; and the overall | ||||||
19 | length of the weapon as modified is not less than 26 | ||||||
20 | inches. | ||||||
21 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
22 | possession
or carrying of a black-jack or slung-shot by a | ||||||
23 | peace officer.
| ||||||
24 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
25 | manager or
authorized employee of any place specified in that | ||||||
26 | subsection nor to any
law enforcement officer.
|
| |||||||
| |||||||
1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
| ||||||
6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
| ||||||
8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
| ||||||
11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordnance.
| ||||||
13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordnance.
| ||||||
16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply | ||||||
19 | of those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
| ||||||
21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
| ||||||
25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device |
| |||||||
| |||||||
1 | or attachment of any kind designed,
used, or intended for use | ||||||
2 | in silencing the report of any firearm, firearms, or
| ||||||
3 | ammunition
for those firearms equipped with those devices, and | ||||||
4 | actually engaged in the
business of manufacturing those | ||||||
5 | devices, firearms, or ammunition, but only with
respect to
| ||||||
6 | activities that are within the lawful scope of that business, | ||||||
7 | such as the
manufacture, transportation, or testing of those | ||||||
8 | devices, firearms, or
ammunition. This
exemption does not | ||||||
9 | authorize the general private possession of any device or
| ||||||
10 | attachment of any kind designed, used, or intended for use in | ||||||
11 | silencing the
report of any firearm, but only such possession | ||||||
12 | and activities as are within
the
lawful scope of a licensed | ||||||
13 | manufacturing business described in this subsection
(g-5). | ||||||
14 | During transportation, these devices shall be detached from | ||||||
15 | any weapon
or
not immediately accessible.
| ||||||
16 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
18 | supervisor who meets the qualifications and conditions | ||||||
19 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
20 | Corrections. | ||||||
21 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
22 | officer while serving as a member of a tactical response team | ||||||
23 | or special operations team. A peace officer may not personally | ||||||
24 | own or apply for ownership of a device or attachment of any | ||||||
25 | kind designed, used, or intended for use in silencing the | ||||||
26 | report of any firearm. These devices shall be owned and |
| |||||||
| |||||||
1 | maintained by lawfully recognized units of government whose | ||||||
2 | duties include the investigation of criminal acts. | ||||||
3 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
4 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
5 | athlete's possession, transport on official Olympic and | ||||||
6 | Paralympic transit systems established for athletes, or use of | ||||||
7 | competition firearms sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting in | ||||||
10 | connection with such athlete's training for and participation | ||||||
11 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
12 | Games and sanctioned test events leading up to the 2016 | ||||||
13 | Olympic and Paralympic Games. | ||||||
14 | (h) An information or indictment based upon a violation of | ||||||
15 | any
subsection of this Article need not negative any | ||||||
16 | exemptions contained in
this Article. The defendant shall have | ||||||
17 | the burden of proving such an
exemption.
| ||||||
18 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
19 | affect
the transportation, carrying, or possession, of any | ||||||
20 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
21 | consigned to a common carrier operating
under license of the | ||||||
22 | State of Illinois or the federal government, where
such | ||||||
23 | transportation, carrying, or possession is incident to the | ||||||
24 | lawful
transportation in which such common carrier is engaged; | ||||||
25 | and nothing in this
Article shall prohibit, apply to, or | ||||||
26 | affect the transportation, carrying,
or possession of any |
| |||||||
| |||||||
1 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
2 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
3 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
4 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
5 | other container, by the possessor of a valid
Firearm Owners | ||||||
6 | Identification Card.
| ||||||
7 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.) | ||||||
8 | (Text of Section after amendment by P.A. 102-152 )
| ||||||
9 | Sec. 24-2. Exemptions.
| ||||||
10 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
11 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
12 | the following:
| ||||||
13 | (1) Peace officers, and any person summoned by a peace | ||||||
14 | officer to
assist in making arrests or preserving the | ||||||
15 | peace, while actually engaged in
assisting such officer.
| ||||||
16 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
17 | penitentiaries, jails and other institutions for the | ||||||
18 | detention of persons
accused or convicted of an offense, | ||||||
19 | while in the performance of their
official duty, or while | ||||||
20 | commuting between their homes and places of employment.
| ||||||
21 | (3) Members of the Armed Services or Reserve Forces of | ||||||
22 | the United States
or the Illinois National Guard or the | ||||||
23 | Reserve Officers Training Corps,
while in the performance | ||||||
24 | of their official duty.
| ||||||
25 | (4) Special agents employed by a railroad or a public |
| |||||||
| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance | ||||||
3 | of the duties of their employment or
commuting between | ||||||
4 | their homes and places of employment; and watchmen
while | ||||||
5 | actually engaged in the performance of the duties of their | ||||||
6 | employment.
| ||||||
7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by a private security contractor, private | ||||||
10 | detective, or private alarm contractor agency licensed
by | ||||||
11 | the Department of Financial and Professional Regulation, | ||||||
12 | if their duties
include the carrying of a weapon under the | ||||||
13 | provisions of the Private
Detective, Private Alarm,
| ||||||
14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
15 | 2004,
while actually
engaged in the performance of the | ||||||
16 | duties of their employment or commuting
between their | ||||||
17 | homes and places of employment. A person shall be | ||||||
18 | considered eligible for this
exemption if he or she has | ||||||
19 | completed the required 20
hours of training for a private | ||||||
20 | security contractor, private
detective, or private alarm | ||||||
21 | contractor, or employee of a licensed private security | ||||||
22 | contractor, private detective, or private alarm contractor | ||||||
23 | agency and 28 hours of required firearm
training, and has | ||||||
24 | been issued a firearm control card by
the Department of | ||||||
25 | Financial and Professional Regulation. Conditions for the | ||||||
26 | renewal of
firearm control cards issued under the |
| |||||||
| |||||||
1 | provisions of this Section
shall be the same as for those | ||||||
2 | cards issued under the provisions of the
Private | ||||||
3 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
4 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
5 | card shall be carried by the private security contractor, | ||||||
6 | private
detective, or private alarm contractor, or | ||||||
7 | employee of the licensed private security contractor, | ||||||
8 | private detective, or private alarm contractor agency at | ||||||
9 | all
times when he or she is in possession of a concealable | ||||||
10 | weapon permitted by his or her firearm control card.
| ||||||
11 | (6) Any person regularly employed in a commercial or | ||||||
12 | industrial
operation as a security guard for the | ||||||
13 | protection of persons employed
and private property | ||||||
14 | related to such commercial or industrial
operation, while | ||||||
15 | actually engaged in the performance of his or her
duty or | ||||||
16 | traveling between sites or properties belonging to the
| ||||||
17 | employer, and who, as a security guard, is a member of a | ||||||
18 | security force registered with the Department of Financial | ||||||
19 | and Professional
Regulation; provided that such security | ||||||
20 | guard has successfully completed a
course of study, | ||||||
21 | approved by and supervised by the Department of
Financial | ||||||
22 | and Professional Regulation, consisting of not less than | ||||||
23 | 48 hours of training
that includes the theory of law | ||||||
24 | enforcement, liability for acts, and the
handling of | ||||||
25 | weapons. A person shall be considered eligible for this
| ||||||
26 | exemption if he or she has completed the required 20
hours |
| |||||||
| |||||||
1 | of training for a security officer and 28 hours of | ||||||
2 | required firearm
training, and has been issued a firearm | ||||||
3 | control card by
the Department of Financial and | ||||||
4 | Professional Regulation. Conditions for the renewal of
| ||||||
5 | firearm control cards issued under the provisions of this | ||||||
6 | Section
shall be the same as for those cards issued under | ||||||
7 | the provisions of the
Private Detective, Private Alarm,
| ||||||
8 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
9 | 2004. The
firearm control card shall be carried by the | ||||||
10 | security guard at all
times when he or she is in possession | ||||||
11 | of a concealable weapon permitted by his or her firearm | ||||||
12 | control card.
| ||||||
13 | (7) Agents and investigators of the Illinois | ||||||
14 | Legislative Investigating
Commission authorized by the | ||||||
15 | Commission to carry the weapons specified in
subsections | ||||||
16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
17 | any investigation for the Commission.
| ||||||
18 | (8) Persons employed by a financial institution as a | ||||||
19 | security guard for the protection of
other employees and | ||||||
20 | property related to such financial institution, while
| ||||||
21 | actually engaged in the performance of their duties, | ||||||
22 | commuting between
their homes and places of employment, or | ||||||
23 | traveling between sites or
properties owned or operated by | ||||||
24 | such financial institution, and who, as a security guard, | ||||||
25 | is a member of a security force registered with the | ||||||
26 | Department; provided that
any person so employed has |
| |||||||
| |||||||
1 | successfully completed a course of study,
approved by and | ||||||
2 | supervised by the Department of Financial and Professional | ||||||
3 | Regulation,
consisting of not less than 48 hours of | ||||||
4 | training which includes theory of
law enforcement, | ||||||
5 | liability for acts, and the handling of weapons.
A person | ||||||
6 | shall be considered to be eligible for this exemption if | ||||||
7 | he or
she has completed the required 20 hours of training | ||||||
8 | for a security officer
and 28 hours of required firearm | ||||||
9 | training, and has been issued a
firearm control card by | ||||||
10 | the Department of Financial and Professional Regulation.
| ||||||
11 | Conditions for renewal of firearm control cards issued | ||||||
12 | under the
provisions of this Section shall be the same as | ||||||
13 | for those issued under the
provisions of the Private | ||||||
14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
16 | card shall be carried by the security guard at all times | ||||||
17 | when he or she is in possession of a concealable
weapon | ||||||
18 | permitted by his or her firearm control card. For purposes | ||||||
19 | of this subsection, "financial institution" means a
bank, | ||||||
20 | savings and loan association, credit union or company | ||||||
21 | providing
armored car services.
| ||||||
22 | (9) Any person employed by an armored car company to | ||||||
23 | drive an armored
car, while actually engaged in the | ||||||
24 | performance of his duties.
| ||||||
25 | (10) Persons who have been classified as peace | ||||||
26 | officers pursuant
to the Peace Officer Fire Investigation |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (11) Investigators of the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
4 | governors of the Office of the
State's Attorneys Appellate | ||||||
5 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
6 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
7 | (12) Special investigators appointed by a State's | ||||||
8 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
9 | (12.5) Probation officers while in the performance of | ||||||
10 | their duties, or
while commuting between their homes, | ||||||
11 | places of employment or specific locations
that are part | ||||||
12 | of their assigned duties, with the consent of the chief | ||||||
13 | judge of
the circuit for which they are employed, if they | ||||||
14 | have received weapons training according
to requirements | ||||||
15 | of the Peace Officer and Probation Officer Firearm | ||||||
16 | Training Act.
| ||||||
17 | (13) Court Security Officers while in the performance | ||||||
18 | of their official
duties, or while commuting between their | ||||||
19 | homes and places of employment, with
the
consent of the | ||||||
20 | Sheriff.
| ||||||
21 | (13.5) A person employed as an armed security guard at | ||||||
22 | a nuclear energy,
storage, weapons or development site or | ||||||
23 | facility regulated by the Nuclear
Regulatory Commission | ||||||
24 | who has completed the background screening and training
| ||||||
25 | mandated by the rules and regulations of the Nuclear | ||||||
26 | Regulatory Commission.
|
| |||||||
| |||||||
1 | (14) Manufacture, transportation, or sale of weapons | ||||||
2 | to
persons
authorized under subdivisions (1) through | ||||||
3 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
4 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
5 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
6 | or handgun and the person has been issued a currently valid | ||||||
7 | license under the Firearm Concealed Carry Act at the time of | ||||||
8 | the commission of the offense. | ||||||
9 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
10 | to
or affect a qualified current or retired law enforcement | ||||||
11 | officer qualified under the laws of this State or under the | ||||||
12 | federal Law Enforcement Officers Safety Act. | ||||||
13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
14 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
15 | (1) Members of any club or organization organized for | ||||||
16 | the purpose of
practicing shooting at targets upon | ||||||
17 | established target ranges, whether
public or private, and | ||||||
18 | patrons of such ranges, while such members
or patrons are | ||||||
19 | using their firearms on those target ranges.
| ||||||
20 | (2) Duly authorized military or civil organizations | ||||||
21 | while parading,
with the special permission of the | ||||||
22 | Governor.
| ||||||
23 | (3) Hunters, trappers or fishermen with a license or
| ||||||
24 | permit while engaged in hunting,
trapping or fishing.
| ||||||
25 | (4) Transportation of weapons that are broken down in | ||||||
26 | a
non-functioning state or are not immediately accessible.
|
| |||||||
| |||||||
1 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
2 | gun or taser or other firearm on the land or in the legal | ||||||
3 | dwelling of another person as an invitee with that | ||||||
4 | person's permission. | ||||||
5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
6 | of the
following:
| ||||||
7 | (1) Peace officers while in performance of their | ||||||
8 | official duties.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
10 | penitentiaries,
jails and other institutions for the | ||||||
11 | detention of persons accused or
convicted of an offense.
| ||||||
12 | (3) 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 | (4) Manufacture, transportation, or sale of machine | ||||||
16 | guns to persons
authorized under subdivisions (1) through | ||||||
17 | (3) of this subsection to
possess machine guns, if the | ||||||
18 | machine guns are broken down in a
non-functioning state or | ||||||
19 | are not immediately accessible.
| ||||||
20 | (5) Persons licensed under federal law to manufacture | ||||||
21 | any weapon from
which 8 or more shots or bullets can be | ||||||
22 | discharged by a
single function of the firing device, or | ||||||
23 | ammunition for such weapons, and
actually engaged in the | ||||||
24 | business of manufacturing such weapons or
ammunition, but | ||||||
25 | only with respect to activities which are within the | ||||||
26 | lawful
scope of such business, such as the manufacture, |
| |||||||
| |||||||
1 | transportation, or testing
of such weapons or ammunition. | ||||||
2 | This exemption does not authorize the
general private | ||||||
3 | possession of any weapon from which 8 or more
shots or | ||||||
4 | bullets can be discharged by a single function of the | ||||||
5 | firing
device, but only such possession and activities as | ||||||
6 | are within the lawful
scope of a licensed manufacturing | ||||||
7 | business described in this paragraph.
| ||||||
8 | During transportation, such weapons shall be broken | ||||||
9 | down in a
non-functioning state or not immediately | ||||||
10 | accessible.
| ||||||
11 | (6) The manufacture, transport, testing, delivery, | ||||||
12 | transfer or sale,
and all lawful commercial or | ||||||
13 | experimental activities necessary thereto, of
rifles, | ||||||
14 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
15 | ammunition for such rifles, shotguns or weapons, where | ||||||
16 | engaged in
by a person operating as a contractor or | ||||||
17 | subcontractor pursuant to a
contract or subcontract for | ||||||
18 | the development and supply of such rifles,
shotguns, | ||||||
19 | weapons or ammunition to the United States government or | ||||||
20 | any
branch of the Armed Forces of the United States, when | ||||||
21 | such activities are
necessary and incident to fulfilling | ||||||
22 | the terms of such contract.
| ||||||
23 | The exemption granted under this subdivision (c)(6)
| ||||||
24 | shall also apply to any authorized agent of any such | ||||||
25 | contractor or
subcontractor who is operating within the | ||||||
26 | scope of his employment, where
such activities involving |
| |||||||
| |||||||
1 | such weapon, weapons or ammunition are necessary
and | ||||||
2 | incident to fulfilling the terms of such contract.
| ||||||
3 | (7) A person possessing a rifle with a barrel or | ||||||
4 | barrels less than 16 inches in length if: (A) the person | ||||||
5 | has been issued a Curios and Relics license from the U.S. | ||||||
6 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
7 | (B) the person is an active member of a bona fide, | ||||||
8 | nationally recognized military re-enacting group and the | ||||||
9 | modification is required and necessary to accurately | ||||||
10 | portray the weapon for historical re-enactment purposes; | ||||||
11 | the re-enactor is in possession of a valid and current | ||||||
12 | re-enacting group membership credential; and the overall | ||||||
13 | length of the weapon as modified is not less than 26 | ||||||
14 | inches. | ||||||
15 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
16 | possession
or carrying of a black-jack or slung-shot by a | ||||||
17 | peace officer.
| ||||||
18 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
19 | manager or
authorized employee of any place specified in that | ||||||
20 | subsection nor to any
law enforcement officer.
| ||||||
21 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
22 | Section 24-1.6
do not apply
to members of any club or | ||||||
23 | organization organized for the purpose of practicing
shooting | ||||||
24 | at targets upon established target ranges, whether public or | ||||||
25 | private,
while using their firearms on those target ranges.
| ||||||
26 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| |||||||
| |||||||
1 | to:
| ||||||
2 | (1) Members of the Armed Services or Reserve Forces of | ||||||
3 | the United
States or the Illinois National Guard, while in | ||||||
4 | the performance of their
official duty.
| ||||||
5 | (2) Bonafide collectors of antique or surplus military | ||||||
6 | ordnance.
| ||||||
7 | (3) Laboratories having a department of forensic | ||||||
8 | ballistics, or
specializing in the development of | ||||||
9 | ammunition or explosive ordnance.
| ||||||
10 | (4) Commerce, preparation, assembly or possession of | ||||||
11 | explosive
bullets by manufacturers of ammunition licensed | ||||||
12 | by the federal government,
in connection with the supply | ||||||
13 | of those organizations and persons exempted
by subdivision | ||||||
14 | (g)(1) of this Section, or like organizations and persons
| ||||||
15 | outside this State, or the transportation of explosive | ||||||
16 | bullets to any
organization or person exempted in this | ||||||
17 | Section by a common carrier or by a
vehicle owned or leased | ||||||
18 | by an exempted manufacturer.
| ||||||
19 | (g-5) (Blank). Subsection 24-1(a)(6) does not apply to or | ||||||
20 | affect persons licensed
under federal law to manufacture any | ||||||
21 | device or attachment of any kind designed,
used, or intended | ||||||
22 | for use in silencing the report of any firearm, firearms, or
| ||||||
23 | ammunition
for those firearms equipped with those devices, and | ||||||
24 | actually engaged in the
business of manufacturing those | ||||||
25 | devices, firearms, or ammunition, but only with
respect to
| ||||||
26 | activities that are within the lawful scope of that business, |
| |||||||
| |||||||
1 | such as the
manufacture, transportation, or testing of those | ||||||
2 | devices, firearms, or
ammunition. This
exemption does not | ||||||
3 | authorize the general private possession of any device or
| ||||||
4 | attachment of any kind designed, used, or intended for use in | ||||||
5 | silencing the
report of any firearm, but only such possession | ||||||
6 | and activities as are within
the
lawful scope of a licensed | ||||||
7 | manufacturing business described in this subsection
(g-5). | ||||||
8 | During transportation, these devices shall be detached from | ||||||
9 | any weapon
or
not immediately accessible.
| ||||||
10 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
11 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
12 | supervisor who meets the qualifications and conditions | ||||||
13 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
14 | Corrections. | ||||||
15 | (g-7) (Blank). Subsection 24-1(a)(6) does not apply to a | ||||||
16 | peace officer while serving as a member of a tactical response | ||||||
17 | team or special operations team. A peace officer may not | ||||||
18 | personally own or apply for ownership of a device or | ||||||
19 | attachment of any kind designed, used, or intended for use in | ||||||
20 | silencing the report of any firearm. These devices shall be | ||||||
21 | owned and maintained by lawfully recognized units of | ||||||
22 | government whose duties include the investigation of criminal | ||||||
23 | acts. | ||||||
24 | (g-10) (Blank). | ||||||
25 | (h) An information or indictment based upon a violation of | ||||||
26 | any
subsection of this Article need not negative any |
| |||||||
| |||||||
1 | exemptions contained in
this Article. The defendant shall have | ||||||
2 | the burden of proving such an
exemption.
| ||||||
3 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
4 | affect
the transportation, carrying, or possession, of any | ||||||
5 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
6 | consigned to a common carrier operating
under license of the | ||||||
7 | State of Illinois or the federal government, where
such | ||||||
8 | transportation, carrying, or possession is incident to the | ||||||
9 | lawful
transportation in which such common carrier is engaged; | ||||||
10 | and nothing in this
Article shall prohibit, apply to, or | ||||||
11 | affect the transportation, carrying,
or possession of any | ||||||
12 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
13 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
14 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
15 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
16 | other container, by the possessor of a valid
Firearm Owners | ||||||
17 | Identification Card.
| ||||||
18 | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
| ||||||
19 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
20 | Sec. 36-1. Property subject to forfeiture. | ||||||
21 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
22 | subject to forfeiture under this Article if the vessel or | ||||||
23 | watercraft, vehicle, or aircraft is used with the knowledge
| ||||||
24 | and consent of the owner in the commission of or in the attempt | ||||||
25 | to commit as
defined in Section 8-4 of this Code: |
| |||||||
| |||||||
1 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
2 | murder), Section
9-3 (involuntary manslaughter and | ||||||
3 | reckless homicide), Section
10-2 (aggravated kidnaping), | ||||||
4 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
5 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
6 | (predatory criminal sexual assault of a child), subsection | ||||||
7 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
8 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
9 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
10 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
11 | except for keeping a place of juvenile prostitution), | ||||||
12 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
13 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
14 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
15 | (aggravated battery), Section
12-7.3 (stalking), Section | ||||||
16 | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||||||
17 | theft is of precious metal or of scrap metal), subdivision | ||||||
18 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
19 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
20 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
21 | (residential burglary), Section 20-1 (arson; residential | ||||||
22 | arson; place of worship arson), Section 20-2 (possession | ||||||
23 | of explosives or explosive or incendiary devices), | ||||||
24 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
25 | of weapons), Section
24-1.2 (aggravated discharge of a | ||||||
26 | firearm), Section
24-1.2-5 (aggravated discharge of a |
| |||||||
| |||||||
1 | machine gun or a firearm equipped with a device designed | ||||||
2 | or used for silencing the report of a firearm ), Section
| ||||||
3 | 24-1.5 (reckless discharge of a firearm), Section 28-1 | ||||||
4 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
5 | substance) of this Code; | ||||||
6 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
7 | 26 of the Cigarette Tax
Act if the vessel or watercraft, | ||||||
8 | vehicle, or aircraft contains more than 10 cartons of
such | ||||||
9 | cigarettes; | ||||||
10 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
11 | the Cigarette Use Tax Act if
the vessel or watercraft, | ||||||
12 | vehicle, or aircraft contains more than 10 cartons of such
| ||||||
13 | cigarettes; | ||||||
14 | (4) an offense prohibited by Section 44 of the | ||||||
15 | Environmental Protection Act; | ||||||
16 | (5) an offense prohibited by
Section 11-204.1
of the | ||||||
17 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
18 | elude a peace officer); | ||||||
19 | (6) an offense prohibited by Section 11-501 of the | ||||||
20 | Illinois Vehicle Code (driving while under the influence | ||||||
21 | of alcohol or other drug or drugs, intoxicating compound | ||||||
22 | or compounds or any combination thereof) or a similar | ||||||
23 | provision of a local ordinance, and: | ||||||
24 | (A) during a period in which his
or her driving | ||||||
25 | privileges are revoked or suspended if
the revocation | ||||||
26 | or suspension was for: |
| |||||||
| |||||||
1 | (i) Section 11-501 (driving under the | ||||||
2 | influence of alcohol or other drug or drugs, | ||||||
3 | intoxicating compound or compounds or any
| ||||||
4 | combination thereof), | ||||||
5 | (ii) Section 11-501.1 (statutory summary | ||||||
6 | suspension or revocation), | ||||||
7 | (iii) paragraph (b) of Section
11-401 (motor | ||||||
8 | vehicle accidents involving death or personal | ||||||
9 | injuries), or | ||||||
10 | (iv) reckless homicide as defined in Section | ||||||
11 | 9-3
of this Code; | ||||||
12 | (B) has been previously convicted of reckless | ||||||
13 | homicide or a similar provision of a law of another | ||||||
14 | state relating to reckless homicide in which the | ||||||
15 | person was determined to have been under the influence | ||||||
16 | of alcohol, other drug or drugs, or intoxicating | ||||||
17 | compound or compounds as an element of the offense or | ||||||
18 | the person has previously been convicted of committing | ||||||
19 | a violation of
driving under the influence of alcohol | ||||||
20 | or other drug or drugs, intoxicating compound or | ||||||
21 | compounds or any
combination thereof and was involved | ||||||
22 | in a motor vehicle accident that resulted in death, | ||||||
23 | great bodily harm, or permanent disability or | ||||||
24 | disfigurement to another, when the violation was a | ||||||
25 | proximate cause of the death or injuries; | ||||||
26 | (C) the person committed a violation of driving |
| |||||||
| |||||||
1 | under the influence of alcohol or other drug or drugs, | ||||||
2 | intoxicating compound or compounds or any
combination | ||||||
3 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
4 | Code or a similar provision for the third or | ||||||
5 | subsequent
time; | ||||||
6 | (D) he
or she did not possess a valid driver's | ||||||
7 | license or permit or a valid restricted driving permit | ||||||
8 | or a valid judicial driving permit or a valid | ||||||
9 | monitoring device driving permit; or | ||||||
10 | (E) he or she knew or should have known that the | ||||||
11 | vehicle he or she was driving was not covered by a | ||||||
12 | liability insurance policy; | ||||||
13 | (7) an offense described in subsection (g) of Section | ||||||
14 | 6-303 of the
Illinois Vehicle Code; | ||||||
15 | (8) an offense described in subsection (e) of
Section | ||||||
16 | 6-101 of the Illinois Vehicle Code; or | ||||||
17 | (9)(A) operating a watercraft under the influence of | ||||||
18 | alcohol, other drug or drugs, intoxicating compound or | ||||||
19 | compounds, or combination thereof under Section 5-16 of | ||||||
20 | the Boat Registration and Safety Act during a period in | ||||||
21 | which his or her privileges to operate a watercraft are | ||||||
22 | revoked or suspended and the revocation or suspension was | ||||||
23 | for operating a watercraft under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds, | ||||||
25 | or combination thereof; (B) operating a watercraft under | ||||||
26 | the influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | intoxicating compound or compounds, or combination thereof | ||||||
2 | and has been previously convicted of reckless homicide or | ||||||
3 | a similar provision of a law in another state relating to | ||||||
4 | reckless homicide in which the person was determined to | ||||||
5 | have been under the influence of alcohol, other drug or | ||||||
6 | drugs, intoxicating compound or compounds, or combination | ||||||
7 | thereof as an element of the offense or the person has | ||||||
8 | previously been convicted of committing a violation of | ||||||
9 | operating a watercraft under the influence of alcohol, | ||||||
10 | other drug or drugs, intoxicating compound or compounds, | ||||||
11 | or combination thereof and was involved in an accident | ||||||
12 | that resulted in death, great bodily harm, or permanent | ||||||
13 | disability or disfigurement to another, when the violation | ||||||
14 | was a proximate cause of the death or injuries; or (C) the | ||||||
15 | person committed a violation of operating a watercraft | ||||||
16 | under the influence of alcohol, other drug or drugs, | ||||||
17 | intoxicating compound or compounds, or combination thereof | ||||||
18 | under Section 5-16 of the Boat Registration and Safety Act | ||||||
19 | or a similar provision for the third or subsequent time.
| ||||||
20 | (b) In addition, any mobile or portable equipment used in | ||||||
21 | the commission of an
act which is in violation of Section 7g of | ||||||
22 | the Metropolitan Water Reclamation
District Act shall be | ||||||
23 | subject to seizure and forfeiture under the same
procedures | ||||||
24 | provided in this Article for the seizure and forfeiture of | ||||||
25 | vessels or watercraft,
vehicles, and aircraft, and any such | ||||||
26 | equipment shall be deemed a vessel or watercraft, vehicle,
or |
| |||||||
| |||||||
1 | aircraft for purposes of this Article.
| ||||||
2 | (c) In addition, when a person discharges a firearm at | ||||||
3 | another individual from a vehicle with
the knowledge and | ||||||
4 | consent of the owner of the vehicle and with the intent to
| ||||||
5 | cause death or great bodily harm to that individual and as a | ||||||
6 | result causes
death or great bodily harm to that individual, | ||||||
7 | the vehicle shall be subject to
seizure and forfeiture under | ||||||
8 | the same procedures provided in this Article for
the seizure | ||||||
9 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
10 | (2), (3), or (4) of subsection (a) of this Section.
| ||||||
11 | (d) If the spouse of the owner of a vehicle seized for
an | ||||||
12 | offense described in subsection (g) of Section 6-303 of the
| ||||||
13 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
14 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
15 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||||||
16 | Code makes a showing
that the seized vehicle is the only source | ||||||
17 | of transportation and it is
determined that the financial | ||||||
18 | hardship to the family as a result of the seizure
outweighs the | ||||||
19 | benefit to the State from the seizure, the vehicle may be
| ||||||
20 | forfeited to the spouse or family member and the title to the | ||||||
21 | vehicle shall be
transferred to the spouse or family member | ||||||
22 | who is properly licensed and who
requires the use of the | ||||||
23 | vehicle for employment or family transportation
purposes. A | ||||||
24 | written declaration of forfeiture of a vehicle under this
| ||||||
25 | Section shall be sufficient cause for the title to be | ||||||
26 | transferred to the spouse
or family member. The provisions of |
| |||||||
| |||||||
1 | this paragraph shall apply only to one
forfeiture per vehicle. | ||||||
2 | If the vehicle is the subject of a subsequent
forfeiture | ||||||
3 | proceeding by virtue of a subsequent conviction of either | ||||||
4 | spouse or
the family member, the spouse or family member to | ||||||
5 | whom the vehicle was
forfeited under the first forfeiture | ||||||
6 | proceeding may not utilize the
provisions of this paragraph in | ||||||
7 | another forfeiture proceeding. If the owner of
the vehicle | ||||||
8 | seized owns more than one vehicle,
the procedure set out in | ||||||
9 | this paragraph may be used for only one vehicle.
| ||||||
10 | (e) In addition, property subject to forfeiture under | ||||||
11 | Section 40 of the Illinois Streetgang
Terrorism Omnibus | ||||||
12 | Prevention Act may be seized and forfeited under this
Article.
| ||||||
13 | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
| ||||||
14 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
15 | amended by changing Section 110-6.1 as follows:
| ||||||
16 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| ||||||
17 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
18 | Sec. 110-6.1. Denial of bail in non-probationable felony | ||||||
19 | offenses.
| ||||||
20 | (a) Upon verified petition by the State, the court shall | ||||||
21 | hold a hearing to
determine whether bail should be denied to a | ||||||
22 | defendant who is charged with
a felony offense for which a | ||||||
23 | sentence of imprisonment, without probation,
periodic | ||||||
24 | imprisonment or conditional discharge, is required by law upon
|
| |||||||
| |||||||
1 | conviction, when it is alleged that the defendant's admission | ||||||
2 | to bail poses
a real and present threat to the physical safety | ||||||
3 | of any person or persons.
| ||||||
4 | (1) A petition may be filed without prior notice to | ||||||
5 | the defendant at the
first appearance before a judge, or | ||||||
6 | within the 21 calendar days, except as
provided in Section | ||||||
7 | 110-6, after arrest and release of the defendant upon
| ||||||
8 | reasonable notice to defendant; provided that while such | ||||||
9 | petition is
pending before the court, the defendant if | ||||||
10 | previously released shall not be
detained.
| ||||||
11 | (2) The hearing shall be held immediately upon the | ||||||
12 | defendant's appearance
before the court, unless for good | ||||||
13 | cause shown the defendant or the State
seeks a | ||||||
14 | continuance. A continuance on motion of the
defendant may | ||||||
15 | not exceed 5 calendar days, and a continuance on the | ||||||
16 | motion
of the State may not exceed 3 calendar days. The | ||||||
17 | defendant may be held in
custody during such continuance.
| ||||||
18 | (b) The court may deny bail to the defendant where, after | ||||||
19 | the hearing, it
is determined that:
| ||||||
20 | (1) the proof is evident or the presumption great that | ||||||
21 | the defendant has
committed an offense for which a | ||||||
22 | sentence of imprisonment, without
probation, periodic | ||||||
23 | imprisonment or conditional discharge, must be imposed
by | ||||||
24 | law as a consequence of conviction, and
| ||||||
25 | (2) the defendant poses a real and present threat to | ||||||
26 | the physical safety
of any person or persons, by conduct |
| |||||||
| |||||||
1 | which may include, but is not limited
to, a forcible | ||||||
2 | felony, the obstruction of justice,
intimidation, injury, | ||||||
3 | physical harm, an offense under the Illinois
Controlled | ||||||
4 | Substances Act which is a Class X felony, or an offense | ||||||
5 | under the Methamphetamine Control and Community Protection | ||||||
6 | Act which is a Class X felony, and
| ||||||
7 | (3) the court finds that no condition or combination | ||||||
8 | of conditions set
forth in subsection (b) of Section | ||||||
9 | 110-10 of this Article,
can reasonably assure the physical | ||||||
10 | safety of any other person or persons.
| ||||||
11 | (c) Conduct of the hearings.
| ||||||
12 | (1) The hearing on the defendant's culpability and | ||||||
13 | dangerousness shall be
conducted in accordance with the | ||||||
14 | following provisions:
| ||||||
15 | (A) Information used by the court in its findings | ||||||
16 | or stated in or
offered at such hearing may be by way | ||||||
17 | of proffer based upon reliable
information offered by | ||||||
18 | the State or by defendant. Defendant has the right to
| ||||||
19 | be represented by counsel, and if he is indigent, to | ||||||
20 | have counsel appointed
for him. Defendant shall have | ||||||
21 | the opportunity to testify, to present
witnesses in | ||||||
22 | his own behalf, and to cross-examine witnesses if any | ||||||
23 | are
called by the State. The defendant has the right to | ||||||
24 | present witnesses in
his favor. When the ends of | ||||||
25 | justice so require, the court may exercises
its | ||||||
26 | discretion and compel the appearance of a complaining
|
| |||||||
| |||||||
1 | witness. The court shall state on the record reasons | ||||||
2 | for granting a
defense request to compel the presence | ||||||
3 | of a complaining witness.
Cross-examination of a | ||||||
4 | complaining witness at the pretrial detention hearing
| ||||||
5 | for the purpose of impeaching the witness' credibility | ||||||
6 | is insufficient reason
to compel the presence of the | ||||||
7 | witness. In deciding whether to compel the
appearance | ||||||
8 | of a complaining witness, the court shall be | ||||||
9 | considerate of the
emotional and physical well-being | ||||||
10 | of the witness. The pre-trial detention
hearing is not | ||||||
11 | to be used for purposes of discovery, and the post
| ||||||
12 | arraignment rules of discovery do not apply. The State | ||||||
13 | shall tender to the
defendant, prior to the hearing, | ||||||
14 | copies of defendant's criminal history, if
any, if | ||||||
15 | available, and any written or recorded statements and | ||||||
16 | the substance
of any oral statements made by any | ||||||
17 | person, if relied upon by the State in
its petition. | ||||||
18 | The rules concerning the admissibility of evidence in
| ||||||
19 | criminal trials do not apply to the presentation and | ||||||
20 | consideration of
information at the hearing. At the | ||||||
21 | trial concerning the offense for which
the hearing was | ||||||
22 | conducted neither the finding of the court nor any
| ||||||
23 | transcript or other record of the hearing shall be | ||||||
24 | admissible in the
State's case in chief, but shall be | ||||||
25 | admissible for impeachment, or as
provided in Section | ||||||
26 | 115-10.1 of this Code, or in a perjury proceeding.
|
| |||||||
| |||||||
1 | (B) A motion by the defendant to suppress evidence | ||||||
2 | or to suppress a
confession shall not be entertained. | ||||||
3 | Evidence that proof may have been
obtained as the | ||||||
4 | result of an unlawful search and seizure or through
| ||||||
5 | improper interrogation is not relevant to this state | ||||||
6 | of the prosecution.
| ||||||
7 | (2) The facts relied upon by the court to support a | ||||||
8 | finding that the
defendant poses a real and present threat | ||||||
9 | to the physical safety of any
person or persons shall be | ||||||
10 | supported by clear and convincing evidence
presented by | ||||||
11 | the State.
| ||||||
12 | (d) Factors to be considered in making a determination of | ||||||
13 | dangerousness.
The court may, in determining whether the | ||||||
14 | defendant poses a real and
present threat to the physical | ||||||
15 | safety of any person or persons, consider but
shall not be | ||||||
16 | limited to evidence or testimony concerning:
| ||||||
17 | (1) The nature and circumstances of any offense | ||||||
18 | charged, including
whether the offense is a crime of | ||||||
19 | violence, involving a weapon.
| ||||||
20 | (2) The history and characteristics of the defendant | ||||||
21 | including:
| ||||||
22 | (A) Any evidence of the defendant's prior criminal | ||||||
23 | history indicative of
violent, abusive or assaultive | ||||||
24 | behavior, or lack of such behavior. Such
evidence may | ||||||
25 | include testimony or documents received in juvenile
| ||||||
26 | proceedings, criminal, quasi-criminal, civil |
| |||||||
| |||||||
1 | commitment, domestic relations
or other proceedings.
| ||||||
2 | (B) Any evidence of the defendant's psychological, | ||||||
3 | psychiatric or other
similar social history which | ||||||
4 | tends to indicate a violent, abusive, or
assaultive | ||||||
5 | nature, or lack of any such history.
| ||||||
6 | (3) The identity of any person or persons to whose | ||||||
7 | safety the defendant
is believed to pose a threat, and the | ||||||
8 | nature of the threat;
| ||||||
9 | (4) Any statements made by, or attributed to the | ||||||
10 | defendant, together with
the circumstances surrounding | ||||||
11 | them;
| ||||||
12 | (5) The age and physical condition of any person | ||||||
13 | assaulted
by the defendant;
| ||||||
14 | (6) Whether the defendant is known to possess or have | ||||||
15 | access to any
weapon or weapons;
| ||||||
16 | (7) Whether, at the time of the current offense or any | ||||||
17 | other offense or
arrest, the defendant was on probation, | ||||||
18 | parole, aftercare release, mandatory supervised
release or | ||||||
19 | other release from custody pending trial, sentencing, | ||||||
20 | appeal or
completion of sentence for an offense under | ||||||
21 | federal or state law;
| ||||||
22 | (8) Any other factors, including those listed in | ||||||
23 | Section 110-5 of this
Article deemed by the court to have a | ||||||
24 | reasonable bearing upon the
defendant's propensity or | ||||||
25 | reputation for violent, abusive or assaultive
behavior, or | ||||||
26 | lack of such behavior.
|
| |||||||
| |||||||
1 | (e) Detention order. The court shall, in any order for | ||||||
2 | detention:
| ||||||
3 | (1) briefly summarize the evidence of the defendant's | ||||||
4 | culpability and its
reasons for concluding that the | ||||||
5 | defendant should be held without bail;
| ||||||
6 | (2) direct that the defendant be committed to the | ||||||
7 | custody of the sheriff
for confinement in the county jail | ||||||
8 | pending trial;
| ||||||
9 | (3) direct that the defendant be given a reasonable | ||||||
10 | opportunity for
private consultation with counsel, and for | ||||||
11 | communication with others of his
choice by visitation, | ||||||
12 | mail and telephone; and
| ||||||
13 | (4) direct that the sheriff deliver the defendant as | ||||||
14 | required for
appearances in connection with court | ||||||
15 | proceedings.
| ||||||
16 | (f) If the court enters an order for the detention of the | ||||||
17 | defendant
pursuant to subsection (e) of this Section, the | ||||||
18 | defendant
shall be brought to trial on the offense for which he | ||||||
19 | is
detained within 90 days after the date on which the order | ||||||
20 | for detention was
entered. If the defendant is not brought to | ||||||
21 | trial within the 90 day period
required by the preceding | ||||||
22 | sentence, he shall not be held longer without
bail. In | ||||||
23 | computing the 90 day period, the court shall omit any period of
| ||||||
24 | delay resulting from a continuance granted at the request of | ||||||
25 | the defendant.
| ||||||
26 | (g) Rights of the defendant. Any person shall be entitled |
| |||||||
| |||||||
1 | to appeal any
order entered under this Section denying bail to | ||||||
2 | the defendant.
| ||||||
3 | (h) The State may appeal any order entered under this | ||||||
4 | Section denying any
motion for denial of bail.
| ||||||
5 | (i) Nothing in this Section shall be construed as | ||||||
6 | modifying or limiting
in any way the defendant's presumption | ||||||
7 | of innocence in further criminal
proceedings.
| ||||||
8 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
9 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
10 | Sec. 110-6.1. Denial of pretrial release.
| ||||||
11 | (a) Upon verified petition by the State, the court shall | ||||||
12 | hold a hearing and may deny a defendant pretrial release only | ||||||
13 | if: | ||||||
14 | (1) the defendant is charged with
a forcible felony | ||||||
15 | offense for which a sentence of imprisonment, without | ||||||
16 | probation,
periodic imprisonment or conditional discharge, | ||||||
17 | is required by law upon
conviction, and it is alleged that | ||||||
18 | the defendant's pretrial release poses a specific, real | ||||||
19 | and present threat to any person or the community.;
| ||||||
20 | (2) the defendant is charged with stalking or | ||||||
21 | aggravated stalking and it is alleged that the defendant's | ||||||
22 | pre-trial release poses a real and present threat to the | ||||||
23 | physical safety of a victim of the alleged offense, and | ||||||
24 | denial of release is necessary to prevent fulfillment of | ||||||
25 | the threat upon which the charge is based; |
| |||||||
| |||||||
1 | (3) the victim of abuse was a family or household | ||||||
2 | member as defined by paragraph (6) of Section 103 of the | ||||||
3 | Illinois Domestic Violence Act of 1986, and the person | ||||||
4 | charged, at the time of the alleged offense, was subject | ||||||
5 | to the terms of an order of protection issued under | ||||||
6 | Section 112A-14 of this Code, or Section 214 of the | ||||||
7 | Illinois Domestic Violence Act of 1986 or previously was | ||||||
8 | convicted of a violation of an order of protection under | ||||||
9 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 or a violent crime if the victim was | ||||||
11 | a family or household member as defined by paragraph (6) | ||||||
12 | of the Illinois Domestic Violence Act of 1986 at the time | ||||||
13 | of the offense or a violation of a substantially similar | ||||||
14 | municipal ordinance or law of this or any other state or | ||||||
15 | the United States if the victim was a family or household | ||||||
16 | member as defined by paragraph (6) of Section 103 of the | ||||||
17 | Illinois Domestic Violence Act of 1986 at the time of the | ||||||
18 | offense, and it is alleged that the defendant's pre-trial | ||||||
19 | release poses a real and present threat to the physical | ||||||
20 | safety of any person or persons; | ||||||
21 | (4) the defendant is charged with domestic battery or | ||||||
22 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
23 | of the Criminal Code of 2012 and it is alleged that the | ||||||
24 | defendant's pretrial release poses a real and present | ||||||
25 | threat to the physical safety of any person or persons; | ||||||
26 | (5) the defendant is charged with any offense under |
| |||||||
| |||||||
1 | Article 11 of the Criminal Code of 2012, except for | ||||||
2 | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | ||||||
3 | Code of 2012, or similar provisions of the Criminal Code | ||||||
4 | of 1961 and it is alleged that the defendant's pretrial | ||||||
5 | release poses a real and present threat to the physical | ||||||
6 | safety of any person or persons; | ||||||
7 | (6) the defendant is charged with any of these | ||||||
8 | violations under the Criminal Code of 2012 and it is | ||||||
9 | alleged that the defendant's pretrial releases poses a | ||||||
10 | real and present threat to the physical safety of any | ||||||
11 | specifically identifiable person or persons. | ||||||
12 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
13 | firearm); | ||||||
14 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
15 | machine gun or a firearm equipped with a device | ||||||
16 | designed or use for silencing the report of a | ||||||
17 | firearm ); | ||||||
18 | (C) Section 24-1.5 (reckless discharge of a | ||||||
19 | firearm); | ||||||
20 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
21 | (E) Section 24-2.2 2 (manufacture, sale or | ||||||
22 | transfer of bullets or shells represented to be armor | ||||||
23 | piercing bullets, dragon's breath shotgun shells, bolo | ||||||
24 | shells or flechette shells); | ||||||
25 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
26 | firearms); |
| |||||||
| |||||||
1 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
2 | firearms on the premises of any school); | ||||||
3 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
4 | liquor license); | ||||||
5 | (I) Section 24-3.5 {unlawful purchase of a | ||||||
6 | firearm); | ||||||
7 | (J) Section 24-3A (gunrunning); or | ||||||
8 | (K) Section on 24-3B (firearms trafficking ); | ||||||
9 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
10 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
11 | of a minor); | ||||||
12 | (N) Section 10-9(d) (trafficking in persons); | ||||||
13 | (O) Non-probationable violations: (i) (unlawful | ||||||
14 | use or possession of weapons by felons or persons in | ||||||
15 | the Custody of the Department of Corrections | ||||||
16 | facilities (Section 24-1.1), (ii) aggravated unlawful | ||||||
17 | use of a weapon (Section 24-1.6, or (iii) aggravated | ||||||
18 | possession of a stolen firearm (Section 24-3.9); | ||||||
19 | (7) the person has a high likelihood of willful flight | ||||||
20 | to avoid prosecution and is charged with: | ||||||
21 | (A) Any felony described in Sections (a)(1) | ||||||
22 | through (a)(5) of this Section; or | ||||||
23 | (B) A felony offense other than a Class 4 offense. | ||||||
24 | (b) If the charged offense is a felony, the Court shall | ||||||
25 | hold a hearing pursuant to 109-3 of this Code to determine | ||||||
26 | whether there is probable cause the defendant has committed an |
| |||||||
| |||||||
1 | offense, unless a grand jury has returned a true bill of | ||||||
2 | indictment against the defendant. If there is a finding of no | ||||||
3 | probable cause, the defendant shall be released. No such | ||||||
4 | finding is necessary if the defendant is charged with a | ||||||
5 | misdemeanor. | ||||||
6 | (c) Timing of petition. | ||||||
7 | (1) A petition may be filed without prior notice to | ||||||
8 | the defendant at the
first appearance before a judge, or | ||||||
9 | within the 21 calendar days, except as
provided in Section | ||||||
10 | 110-6, after arrest and release of the defendant upon
| ||||||
11 | reasonable notice to defendant; provided that while such | ||||||
12 | petition is
pending before the court, the defendant if | ||||||
13 | previously released shall not be
detained.
| ||||||
14 | (2) (2) Upon filing, the court shall immediately hold | ||||||
15 | a hearing on the petition unless a continuance is | ||||||
16 | requested. If a continuance is requested, the hearing | ||||||
17 | shall be held within 48 hours of the defendant's first | ||||||
18 | appearance if the defendant is charged with a Class X, | ||||||
19 | Class 1, Class 2, or Class 3 felony, and within 24 hours if | ||||||
20 | the defendant is charged with a Class 4 or misdemeanor | ||||||
21 | offense. The Court may deny and or grant the request for | ||||||
22 | continuance. If the court decides to grant the | ||||||
23 | continuance, the Court retains the discretion to detain or | ||||||
24 | release the defendant in the time between the filing of | ||||||
25 | the petition and the hearing. | ||||||
26 | (d) Contents of petition. |
| |||||||
| |||||||
1 | (1) The petition shall be verified by the State and | ||||||
2 | shall state the grounds upon which it contends the | ||||||
3 | defendant should be denied pretrial release, including the | ||||||
4 | identity of the specific person or persons the State | ||||||
5 | believes the defendant poses a danger to. | ||||||
6 | (2) Only one petition may be filed under this Section. | ||||||
7 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
8 | for pretrial release, and the State shall bear the burden of | ||||||
9 | proving by clear and convincing evidence that:
| ||||||
10 | (1) the proof is evident or the presumption great that | ||||||
11 | the defendant has
committed an offense listed in | ||||||
12 | paragraphs (1) through (6) of subsection (a), and
| ||||||
13 | (2) the defendant poses a real and present threat to | ||||||
14 | the safety
of a specific, identifiable person or persons, | ||||||
15 | by conduct which may include, but is not limited
to, a | ||||||
16 | forcible felony, the obstruction of justice,
intimidation, | ||||||
17 | injury, or abuse as defined by paragraph (1) of Section | ||||||
18 | 103 of the Illinois Domestic Violence Act of 1986, and
| ||||||
19 | (3) no condition or combination of conditions set
| ||||||
20 | forth in subsection (b) of Section 110-10 of this Article | ||||||
21 | can mitigate the real and present threat to the safety of | ||||||
22 | any person or persons or the defendant's willful flight.
| ||||||
23 | (f) Conduct of the hearings.
| ||||||
24 | (1) Prior
to the hearing the State shall tender to the | ||||||
25 | defendant copies of
defendant's criminal history | ||||||
26 | available, any written or
recorded statements, and the |
| |||||||
| |||||||
1 | substance of any oral statements made by
any person, if | ||||||
2 | relied upon by the State in its petition, and any police
| ||||||
3 | reports in the State's Attorney's possession at the time | ||||||
4 | of the hearing
that are required to be disclosed to the | ||||||
5 | defense under Illinois Supreme
Court rules.
| ||||||
6 | (2) The State or defendant may present evidence at the | ||||||
7 | hearing by way of proffer based upon reliable
information. | ||||||
8 | (3) The defendant has the right to
be represented by | ||||||
9 | counsel, and if he or she is indigent, to have counsel | ||||||
10 | appointed
for him or her. The defendant shall have the | ||||||
11 | opportunity to testify, to present
witnesses on his or her | ||||||
12 | own behalf, and to cross-examine any witnesses that are
| ||||||
13 | called by the State. | ||||||
14 | (4) If the defense seeks to call the complaining | ||||||
15 | witness as a witness in its favor, it shall petition the | ||||||
16 | court for permission. When the ends of justice so require, | ||||||
17 | the court may exercise
its discretion and compel the | ||||||
18 | appearance of a complaining
witness. The court shall state | ||||||
19 | on the record reasons for granting a
defense request to | ||||||
20 | compel the presence of a complaining witness. In making a | ||||||
21 | determination under this section, the court shall state on | ||||||
22 | the record the reason for granting a defense request to | ||||||
23 | compel the presence of a complaining witness, and only | ||||||
24 | grant the request if the court finds by clear and | ||||||
25 | convincing evidence that the defendant will be materially | ||||||
26 | prejudiced if the complaining witness does not appear.
|
| |||||||
| |||||||
1 | Cross-examination of a complaining witness at the pretrial | ||||||
2 | detention hearing
for the purpose of impeaching the | ||||||
3 | witness' credibility is insufficient reason
to compel the | ||||||
4 | presence of the witness. In deciding whether to compel the
| ||||||
5 | appearance of a complaining witness, the court shall be | ||||||
6 | considerate of the
emotional and physical well-being of | ||||||
7 | the witness. The pre-trial detention
hearing is not to be | ||||||
8 | used for purposes of discovery, and the post
arraignment | ||||||
9 | rules of discovery do not apply. | ||||||
10 | (5) The rules concerning the admissibility of evidence | ||||||
11 | in
criminal trials do not apply to the presentation and | ||||||
12 | consideration of
information at the hearing. At the trial | ||||||
13 | concerning the offense for which
the hearing was conducted | ||||||
14 | neither the finding of the court nor any
transcript or | ||||||
15 | other record of the hearing shall be admissible in the
| ||||||
16 | State's case in chief, but shall be admissible for | ||||||
17 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
18 | Code, or in a perjury proceeding.
| ||||||
19 | (6) The defendant may not move to suppress evidence or | ||||||
20 | a
confession, however, evidence that proof of the charged | ||||||
21 | crime may have been
the result of an unlawful search or | ||||||
22 | seizure, or both, or through
improper interrogation, is | ||||||
23 | relevant in assessing the weight of the evidence against | ||||||
24 | the defendant. | ||||||
25 | (7) Decisions regarding release, conditions of release | ||||||
26 | and detention prior trial should be individualized, and no |
| |||||||
| |||||||
1 | single factor or standard should be used exclusively to | ||||||
2 | make a condition or detention decision.
| ||||||
3 | (g) Factors to be considered in making a determination of | ||||||
4 | dangerousness.
The court may, in determining whether the | ||||||
5 | defendant poses a specific, imminent threat of serious | ||||||
6 | physical harm to an identifiable person or persons, consider | ||||||
7 | but
shall not be limited to evidence or testimony concerning:
| ||||||
8 | (1) The nature and circumstances of any offense | ||||||
9 | charged, including
whether the offense is a crime of | ||||||
10 | violence, involving a weapon, or a sex offense.
| ||||||
11 | (2) The history and characteristics of the defendant | ||||||
12 | including:
| ||||||
13 | (A) Any evidence of the defendant's prior criminal | ||||||
14 | history indicative of
violent, abusive or assaultive | ||||||
15 | behavior, or lack of such behavior. Such
evidence may | ||||||
16 | include testimony or documents received in juvenile
| ||||||
17 | proceedings, criminal, quasi-criminal, civil | ||||||
18 | commitment, domestic relations
or other proceedings.
| ||||||
19 | (B) Any evidence of the defendant's psychological, | ||||||
20 | psychiatric or other
similar social history which | ||||||
21 | tends to indicate a violent, abusive, or
assaultive | ||||||
22 | nature, or lack of any such history.
| ||||||
23 | (3) The identity of any person or persons to whose | ||||||
24 | safety the defendant
is believed to pose a threat, and the | ||||||
25 | nature of the threat;
| ||||||
26 | (4) Any statements made by, or attributed to the |
| |||||||
| |||||||
1 | defendant, together with
the circumstances surrounding | ||||||
2 | them;
| ||||||
3 | (5) The age and physical condition of the defendant;
| ||||||
4 | (6) The age and physical condition of any victim or | ||||||
5 | complaining witness; | ||||||
6 | (7) Whether the defendant is known to possess or have | ||||||
7 | access to any
weapon or weapons;
| ||||||
8 | (8) Whether, at the time of the current offense or any | ||||||
9 | other offense or
arrest, the defendant was on probation, | ||||||
10 | parole, aftercare release, mandatory supervised
release or | ||||||
11 | other release from custody pending trial, sentencing, | ||||||
12 | appeal or
completion of sentence for an offense under | ||||||
13 | federal or state law;
| ||||||
14 | (9) Any other factors, including those listed in | ||||||
15 | Section 110-5 of this
Article deemed by the court to have a | ||||||
16 | reasonable bearing upon the
defendant's propensity or | ||||||
17 | reputation for violent, abusive or assaultive
behavior, or | ||||||
18 | lack of such behavior.
| ||||||
19 | (h) Detention order. The court shall, in any order for | ||||||
20 | detention:
| ||||||
21 | (1) briefly summarize the evidence of the defendant's | ||||||
22 | guilt or innocence, and the court's
reasons for concluding | ||||||
23 | that the defendant should be denied pretrial release;
| ||||||
24 | (2) direct that the defendant be committed to the | ||||||
25 | custody of the sheriff
for confinement in the county jail | ||||||
26 | pending trial;
|
| |||||||
| |||||||
1 | (3) direct that the defendant be given a reasonable | ||||||
2 | opportunity for
private consultation with counsel, and for | ||||||
3 | communication with others of his
or her choice by | ||||||
4 | visitation, mail and telephone; and
| ||||||
5 | (4) direct that the sheriff deliver the defendant as | ||||||
6 | required for
appearances in connection with court | ||||||
7 | proceedings.
| ||||||
8 | (i) Detention. If the court enters an order for the | ||||||
9 | detention of the defendant
pursuant to subsection (e) of this | ||||||
10 | Section, the defendant
shall be brought to trial on the | ||||||
11 | offense for which he is
detained within 90 days after the date | ||||||
12 | on which the order for detention was
entered. If the defendant | ||||||
13 | is not brought to trial within the 90 day period
required by | ||||||
14 | the preceding sentence, he shall not be denied pretrial | ||||||
15 | release. In computing the 90 day period, the court shall omit | ||||||
16 | any period of
delay resulting from a continuance granted at | ||||||
17 | the request of the defendant.
| ||||||
18 | (j) Rights of the defendant. Any person shall be entitled | ||||||
19 | to appeal any
order entered under this Section denying | ||||||
20 | pretrial release to the defendant.
| ||||||
21 | (k) Appeal. The State may appeal any order entered under | ||||||
22 | this Section denying any
motion for denial of pretrial | ||||||
23 | release.
| ||||||
24 | (l) Presumption of innocence. Nothing in this Section | ||||||
25 | shall be construed as modifying or limiting
in any way the | ||||||
26 | defendant's presumption of innocence in further criminal
|
| |||||||
| |||||||
1 | proceedings. | ||||||
2 | (m) Victim notice. | ||||||
3 | (1) Crime victims shall be given notice by the State's | ||||||
4 | Attorney's office of this hearing as required in paragraph | ||||||
5 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
6 | Victims and Witnesses Act and shall be informed of their | ||||||
7 | opportunity at this hearing to obtain an order of | ||||||
8 | protection under Article 112A of this Code.
| ||||||
9 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.
|