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1 | AN ACT concerning local government.
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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 Counties Code is amended by changing | |||||||||||||||||||||||||
5 | Section 3-9005 as follows:
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6 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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7 | Sec. 3-9005. Powers and duties of State's Attorney.
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8 | (a) The duty of each State's Attorney shall be:
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9 | (1) To commence and prosecute all actions, suits, | |||||||||||||||||||||||||
10 | indictments and
prosecutions, civil and criminal, in the | |||||||||||||||||||||||||
11 | circuit court for the county,
in which the people of the | |||||||||||||||||||||||||
12 | State or county may be concerned.
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13 | (2) To prosecute all forfeited bonds and | |||||||||||||||||||||||||
14 | recognizances, and all
actions and proceedings for the | |||||||||||||||||||||||||
15 | recovery of debts, revenues, moneys,
fines, penalties and | |||||||||||||||||||||||||
16 | forfeitures accruing to the State or the county, or
to any | |||||||||||||||||||||||||
17 | school district or road district in the county; also, to
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18 | prosecute all suits in the county against railroad or | |||||||||||||||||||||||||
19 | transportation
companies, which may be prosecuted in the | |||||||||||||||||||||||||
20 | name of the People of the
State of Illinois.
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21 | (3) To commence and prosecute all actions and | |||||||||||||||||||||||||
22 | proceedings brought by
any county officer in the county | |||||||||||||||||||||||||
23 | officer's official capacity.
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1 | (4) To defend all actions and proceedings brought | ||||||
2 | against the
county, or against any county or State | ||||||
3 | officer, in the county or State officer's official
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4 | capacity, within the county.
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5 | (5) To attend the examination of all persons brought | ||||||
6 | before any judge
on habeas corpus, when the prosecution is | ||||||
7 | in the county.
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8 | (6) To attend before judges and prosecute charges of | ||||||
9 | felony or
misdemeanor, for which the offender is required | ||||||
10 | to be recognized to appear
before the circuit court, when | ||||||
11 | in the State's Attorney's power so to do.
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12 | (7) To give the State's Attorney's opinion, without | ||||||
13 | fee or reward, to any county officer
in the county, upon | ||||||
14 | any question or law relating to any criminal or other
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15 | matter, in which the people or the county may be | ||||||
16 | concerned.
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17 | (8) To assist the Attorney General whenever it may be | ||||||
18 | necessary, and in
cases of appeal from the county to the | ||||||
19 | Supreme Court, to which it is the
duty of the Attorney | ||||||
20 | General to attend, the State's Attorney shall furnish the | ||||||
21 | Attorney General
at least 10 days before such is due to be | ||||||
22 | filed, a manuscript of a proposed
statement, brief and | ||||||
23 | argument to be printed and filed on behalf of the people,
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24 | prepared in accordance with the rules of the Supreme | ||||||
25 | Court. However, if
such brief, argument or other document | ||||||
26 | is due to be filed by law or order
of court within this |
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1 | 10-day period, then the State's Attorney shall furnish
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2 | such as soon as may be reasonable.
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3 | (9) To pay all moneys received by the State's Attorney | ||||||
4 | in trust, without delay, to the
officer who by law is | ||||||
5 | entitled to the custody thereof.
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6 | (10) To notify, by first class mail, complaining | ||||||
7 | witnesses of the ultimate
disposition of the cases arising | ||||||
8 | from an indictment or an information.
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9 | (11) To perform such other and further duties as may, | ||||||
10 | from time to time,
be enjoined on the State's Attorney by | ||||||
11 | law.
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12 | (12) To appear in all proceedings by collectors of | ||||||
13 | taxes against
delinquent taxpayers for judgments to sell | ||||||
14 | real estate, and see that all the
necessary preliminary | ||||||
15 | steps have been legally taken to make the judgment legal
| ||||||
16 | and binding.
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17 | (13) To notify, by first-class mail, the State | ||||||
18 | Superintendent of Education, the applicable regional | ||||||
19 | superintendent of schools, and the superintendent of the | ||||||
20 | employing school district or the chief school | ||||||
21 | administrator of the employing nonpublic school, if any, | ||||||
22 | upon the conviction of any individual known to possess a | ||||||
23 | certificate or license issued pursuant to Article 21 or | ||||||
24 | 21B, respectively, of the School Code of any offense set | ||||||
25 | forth in Section 21B-80 of the School Code or any other | ||||||
26 | felony conviction, providing the name of the certificate |
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1 | holder, the fact of the conviction, and the name and | ||||||
2 | location of the court where the conviction occurred. The | ||||||
3 | certificate holder must also be contemporaneously sent a | ||||||
4 | copy of the notice. | ||||||
5 | (b) The State's Attorney of each county shall have | ||||||
6 | authority to
appoint one or more special investigators to | ||||||
7 | serve subpoenas and summonses, make return
of process, and | ||||||
8 | conduct investigations which assist the State's Attorney in
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9 | the performance of the State's Attorney duties. In counties of | ||||||
10 | the first and second class, the fees for service of subpoenas | ||||||
11 | and summonses are allowed by this Section and shall be | ||||||
12 | consistent with those set forth in Section 4-5001 of this Act, | ||||||
13 | except when increased by county ordinance as provided for in | ||||||
14 | Section 4-5001. In counties of the third class, the fees for | ||||||
15 | service of subpoenas and summonses are allowed by this Section | ||||||
16 | and shall be consistent with those set forth in Section | ||||||
17 | 4-12001 of this Act. A special investigator shall not carry
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18 | firearms except with permission of the State's Attorney and | ||||||
19 | only while
carrying appropriate identification indicating the | ||||||
20 | special investigator's employment and in the
performance of | ||||||
21 | the special investigator's assigned duties.
| ||||||
22 | Subject to the qualifications set forth in this | ||||||
23 | subsection, special
investigators shall be peace officers and | ||||||
24 | shall have all the powers possessed
by investigators under the | ||||||
25 | State's Attorneys Appellate Prosecutor's Act.
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26 | No special investigator employed by the State's Attorney |
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1 | shall have peace
officer status or exercise police powers | ||||||
2 | unless the special investigator successfully
completes the | ||||||
3 | basic police training course mandated and approved by the
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4 | Illinois Law Enforcement Training Standards Board or such
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5 | board waives the training requirement by reason of the special
| ||||||
6 | investigator's prior law enforcement experience or training or | ||||||
7 | both. Any
State's Attorney appointing a special investigator | ||||||
8 | shall consult with all
affected local police agencies, to the | ||||||
9 | extent consistent with the public
interest, if the special | ||||||
10 | investigator is assigned to areas within that
agency's | ||||||
11 | jurisdiction.
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12 | Before a person is appointed as a special investigator, | ||||||
13 | the person's
fingerprints shall be taken and transmitted to | ||||||
14 | the Department of State
Police. The Department shall examine | ||||||
15 | its records and submit to the State's
Attorney of the county in | ||||||
16 | which the investigator seeks appointment any
conviction | ||||||
17 | information concerning the person on file with the Department.
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18 | No person shall be appointed as a special investigator if the | ||||||
19 | person has been
convicted of a felony or other offense | ||||||
20 | involving moral turpitude. A
special investigator shall be | ||||||
21 | paid a salary and be reimbursed for actual
expenses incurred | ||||||
22 | in performing the special investigator's assigned duties. The | ||||||
23 | county board
shall approve the salary and actual expenses and | ||||||
24 | appropriate the salary
and expenses in the manner prescribed | ||||||
25 | by law or ordinance.
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26 | (c) The State's
Attorney may request and receive from |
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1 | employers, labor unions, telephone
companies, and utility | ||||||
2 | companies
location information concerning putative fathers and | ||||||
3 | noncustodial parents for
the purpose of establishing a child's | ||||||
4 | paternity or establishing, enforcing, or
modifying a child | ||||||
5 | support obligation. In this subsection, "location
information"
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6 | means information about (i) the physical whereabouts of a | ||||||
7 | putative father or
noncustodial parent, (ii) the putative | ||||||
8 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
9 | wages, and other
compensation paid and the health insurance | ||||||
10 | coverage provided to the putative
father or noncustodial | ||||||
11 | parent by the employer of the putative father or
noncustodial | ||||||
12 | parent
or by a labor union of which the putative father or | ||||||
13 | noncustodial parent is a
member.
| ||||||
14 | (d) (Blank).
| ||||||
15 | (e) The State's Attorney shall have the authority to enter | ||||||
16 | into a written
agreement with the Department of Revenue for | ||||||
17 | pursuit of civil
liability under subsection (E) of Section | ||||||
18 | 17-1 of the Criminal Code of 2012 against persons who
have | ||||||
19 | issued to the Department checks or other orders in violation | ||||||
20 | of the
provisions of paragraph (1) of subsection (B) of | ||||||
21 | Section 17-1 of the Criminal
Code of 2012, with the Department | ||||||
22 | to retain the amount owing upon the
dishonored check or order | ||||||
23 | along with the dishonored check fee imposed under the
Uniform | ||||||
24 | Penalty and Interest Act, with the balance of damages, fees, | ||||||
25 | and costs
collected under subsection (E) of Section 17-1 of | ||||||
26 | the Criminal Code of 2012 or under Section 17-1a of that Code |
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1 | to be retained by
the State's Attorney. The agreement shall | ||||||
2 | not affect the allocation of fines
and costs imposed in any | ||||||
3 | criminal prosecution.
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4 | (f) In a county with less than 2,000,000 inhabitants, and | ||||||
5 | only upon receipt of a written request by the superintendent | ||||||
6 | of the county Veterans Assistance Commission for the county in | ||||||
7 | which the State's Attorney is located, the State's Attorney | ||||||
8 | shall have the discretionary authority to render an opinion, | ||||||
9 | without fee or reward, upon any question of law relating to a | ||||||
10 | matter in which the county Veterans Assistance Commission may | ||||||
11 | be concerned. The State's Attorney shall have the discretion | ||||||
12 | to grant or decline such a request. | ||||||
13 | (g) The State's Attorney while holding office may, upon | ||||||
14 | being issued a license to carry a concealed firearm pursuant | ||||||
15 | to the Firearm Concealed Carry Act, carry a concealed firearm | ||||||
16 | in specified prohibited areas as provided under subsection (e) | ||||||
17 | of Section 65 of the Firearm Concealed Carry Act. | ||||||
18 | (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
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19 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
20 | changing Section 65 as follows: | ||||||
21 | (430 ILCS 66/65)
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22 | Sec. 65. Prohibited areas. | ||||||
23 | (a) A licensee under this Act shall not knowingly carry a | ||||||
24 | firearm on or into: |
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1 | (1) Any building, real property, and parking area | ||||||
2 | under the control of a public or private elementary or | ||||||
3 | secondary school. | ||||||
4 | (2) Any building, real property, and parking area | ||||||
5 | under the control of a pre-school or child care facility, | ||||||
6 | including any room or portion of a building under the | ||||||
7 | control of a pre-school or child care facility. Nothing in | ||||||
8 | this paragraph shall prevent the operator of a child care | ||||||
9 | facility in a family home from owning or possessing a | ||||||
10 | firearm in the home or license under this Act, if no child | ||||||
11 | under child care at the home is present in the home or the | ||||||
12 | firearm in the home is stored in a locked container when a | ||||||
13 | child under child care at the home is present in the home. | ||||||
14 | (3) Any building, parking area, or portion of a | ||||||
15 | building under the control of an officer of the executive | ||||||
16 | or legislative branch of government, provided that nothing | ||||||
17 | in this paragraph shall prohibit a licensee from carrying | ||||||
18 | a concealed firearm onto the real property, bikeway, or | ||||||
19 | trail in a park regulated by the Department of Natural | ||||||
20 | Resources or any other designated public hunting area or | ||||||
21 | building where firearm possession is permitted as | ||||||
22 | established by the Department of Natural Resources under | ||||||
23 | Section 1.8 of the Wildlife Code. | ||||||
24 | (4) Any building designated for matters before a | ||||||
25 | circuit court, appellate court, or the Supreme Court, or | ||||||
26 | any building or portion of a building under the control of |
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1 | the Supreme Court. | ||||||
2 | (5) Any building or portion of a building under the | ||||||
3 | control of a unit of local government. | ||||||
4 | (6) Any building, real property, and parking area | ||||||
5 | under the control of an adult or juvenile detention or | ||||||
6 | correctional institution, prison, or jail. | ||||||
7 | (7) Any building, real property, and parking area | ||||||
8 | under the control of a public or private hospital or | ||||||
9 | hospital affiliate, mental health facility, or nursing | ||||||
10 | home. | ||||||
11 | (8) Any bus, train, or form of transportation paid for | ||||||
12 | in whole or in part with public funds, and any building, | ||||||
13 | real property, and parking area under the control of a | ||||||
14 | public transportation facility paid for in whole or in | ||||||
15 | part with public funds. | ||||||
16 | (9) Any building, real property, and parking area | ||||||
17 | under the control of an establishment that serves alcohol | ||||||
18 | on its premises, if more than 50% of the establishment's | ||||||
19 | gross receipts within the prior 3 months is from the sale | ||||||
20 | of alcohol. The owner of an establishment who knowingly | ||||||
21 | fails to prohibit concealed firearms on its premises as | ||||||
22 | provided in this paragraph or who knowingly makes a false | ||||||
23 | statement or record to avoid the prohibition on concealed | ||||||
24 | firearms under this paragraph is subject to the penalty | ||||||
25 | under subsection (c-5) of Section 10-1 of the Liquor | ||||||
26 | Control Act of 1934. |
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1 | (10) Any public gathering or special event conducted | ||||||
2 | on property open to the public that requires the issuance | ||||||
3 | of a permit from the unit of local government, provided | ||||||
4 | this prohibition shall not apply to a licensee who must | ||||||
5 | walk through a public gathering in order to access his or | ||||||
6 | her residence, place of business, or vehicle. | ||||||
7 | (11) Any building or real property that has been | ||||||
8 | issued a Special Event Retailer's license as defined in | ||||||
9 | Section 1-3.17.1 of the Liquor Control Act during the time | ||||||
10 | designated for the sale of alcohol by the Special Event | ||||||
11 | Retailer's license, or a Special use permit license as | ||||||
12 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
13 | Control Act during the time designated for the sale of | ||||||
14 | alcohol by the Special use permit license. | ||||||
15 | (12) Any public playground. | ||||||
16 | (13) Any public park, athletic area, or athletic | ||||||
17 | facility under the control of a municipality or park | ||||||
18 | district, provided nothing in this Section shall prohibit | ||||||
19 | a licensee from carrying a concealed firearm while on a | ||||||
20 | trail or bikeway if only a portion of the trail or bikeway | ||||||
21 | includes a public park. | ||||||
22 | (14) Any real property under the control of the Cook | ||||||
23 | County Forest Preserve District. | ||||||
24 | (15) Any building, classroom, laboratory, medical | ||||||
25 | clinic, hospital, artistic venue, athletic venue, | ||||||
26 | entertainment venue, officially recognized |
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1 | university-related organization property, whether owned or | ||||||
2 | leased, and any real property, including parking areas, | ||||||
3 | sidewalks, and common areas under the control of a public | ||||||
4 | or private community college, college, or university. | ||||||
5 | (16) Any building, real property, or parking area | ||||||
6 | under the control of a gaming facility licensed under the | ||||||
7 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
8 | 1975, including an inter-track wagering location licensee. | ||||||
9 | (17) Any stadium, arena, or the real property or | ||||||
10 | parking area under the control of a stadium, arena, or any | ||||||
11 | collegiate or professional sporting event. | ||||||
12 | (18) Any building, real property, or parking area | ||||||
13 | under the control of a public library. | ||||||
14 | (19) Any building, real property, or parking area | ||||||
15 | under the control of an airport. | ||||||
16 | (20) Any building, real property, or parking area | ||||||
17 | under the control of an amusement park. | ||||||
18 | (21) Any building, real property, or parking area | ||||||
19 | under the control of a zoo or museum. | ||||||
20 | (22) Any street, driveway, parking area, property, | ||||||
21 | building, or facility, owned, leased, controlled, or used | ||||||
22 | by a nuclear energy, storage, weapons, or development site | ||||||
23 | or facility regulated by the federal Nuclear Regulatory | ||||||
24 | Commission. The licensee shall not under any circumstance | ||||||
25 | store a firearm or ammunition in his or her vehicle or in a | ||||||
26 | compartment or container within a vehicle located anywhere |
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1 | in or on the street, driveway, parking area, property, | ||||||
2 | building, or facility described in this paragraph. | ||||||
3 | (23) Any area where firearms are prohibited under | ||||||
4 | federal law. | ||||||
5 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
6 | private community college, college, or university from: | ||||||
7 | (1) prohibiting persons from carrying a firearm within | ||||||
8 | a vehicle owned, leased, or controlled by the college or | ||||||
9 | university; | ||||||
10 | (2) developing resolutions, regulations, or policies | ||||||
11 | regarding student, employee, or visitor misconduct and | ||||||
12 | discipline, including suspension and expulsion; | ||||||
13 | (3) developing resolutions, regulations, or policies | ||||||
14 | regarding the storage or maintenance of firearms, which | ||||||
15 | must include designated areas where persons can park | ||||||
16 | vehicles that carry firearms; and | ||||||
17 | (4) permitting the carrying or use of firearms for the | ||||||
18 | purpose of instruction and curriculum of officially | ||||||
19 | recognized programs, including but not limited to military | ||||||
20 | science and law enforcement training programs, or in any | ||||||
21 | designated area used for hunting purposes or target | ||||||
22 | shooting. | ||||||
23 | (a-10) The owner of private real property of any type may | ||||||
24 | prohibit the carrying of concealed firearms on the property | ||||||
25 | under his or her control. The owner must post a sign in | ||||||
26 | accordance with subsection (d) of this Section indicating that |
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1 | firearms are prohibited on the property, unless the property | ||||||
2 | is a private residence. | ||||||
3 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
4 | this Section except under paragraph (22) or (23) of subsection | ||||||
5 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
6 | into the parking area of a prohibited location specified in | ||||||
7 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
8 | permitted to carry a concealed firearm on or about his or her | ||||||
9 | person within a vehicle into the parking area and may store a | ||||||
10 | firearm or ammunition concealed in a case within a locked | ||||||
11 | vehicle or locked container out of plain view within the | ||||||
12 | vehicle in the parking area. A licensee may carry a concealed | ||||||
13 | firearm in the immediate area surrounding his or her vehicle | ||||||
14 | within a prohibited parking lot area only for the limited | ||||||
15 | purpose of storing or retrieving a firearm within the | ||||||
16 | vehicle's trunk. For purposes of this subsection, "case" | ||||||
17 | includes a glove compartment or console that completely | ||||||
18 | encloses the concealed firearm or ammunition, the trunk of the | ||||||
19 | vehicle, or a firearm carrying box, shipping box, or other | ||||||
20 | container. | ||||||
21 | (c) A licensee shall not be in violation of this Section | ||||||
22 | while he or she is traveling along a public right of way that | ||||||
23 | touches or crosses any of the premises under subsection (a), | ||||||
24 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
25 | carried on his or her person in accordance with the provisions | ||||||
26 | of this Act or is being transported in a vehicle by the |
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| |||||||
1 | licensee in accordance with all other applicable provisions of | ||||||
2 | law. | ||||||
3 | (d) Signs stating that the carrying of firearms is | ||||||
4 | prohibited shall be clearly and conspicuously posted at the | ||||||
5 | entrance of a building, premises, or real property specified | ||||||
6 | in this Section as a prohibited area, unless the building or | ||||||
7 | premises is a private residence. Signs shall be of a uniform | ||||||
8 | design as established by the Illinois State Police and shall | ||||||
9 | be 4 inches by 6 inches in size. The Illinois State Police | ||||||
10 | shall adopt rules for standardized signs to be used under this | ||||||
11 | subsection.
| ||||||
12 | (e) A State's Attorney who has been issued a license to | ||||||
13 | carry a concealed firearm pursuant to this Act may carry a | ||||||
14 | concealed firearm in areas prohibited by this Section while | ||||||
15 | holding office. However, this subsection does not authorize | ||||||
16 | the State's Attorney to carry a concealed firearm in the areas | ||||||
17 | prohibited in paragraph (6), (7), (14), (19), (22), or (23) of | ||||||
18 | subsection (a). | ||||||
19 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.) | ||||||
20 | Section 15. The Criminal Code of 2012 is amended by | ||||||
21 | changing Sections 21-6 and 33A-2 as follows:
| ||||||
22 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
23 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
24 | (a) Whoever possesses or stores any weapon enumerated in |
| |||||||
| |||||||
1 | Section 33A-1
in any building or on land supported in whole or | ||||||
2 | in part with public
funds or in any building on such land | ||||||
3 | without
prior written permission from the chief security | ||||||
4 | officer for such land or
building commits a Class A | ||||||
5 | misdemeanor.
| ||||||
6 | (b) The chief security officer must grant any reasonable | ||||||
7 | request for
permission under paragraph (a).
| ||||||
8 | (c) This Section does not apply to the carrying of a | ||||||
9 | concealed firearm by a State's Attorney as provided in Section | ||||||
10 | 3-9005 of the Counties Code. | ||||||
11 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
12 | (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
| ||||||
13 | Sec. 33A-2. Armed violence-Elements of the offense.
| ||||||
14 | (a) A person commits armed violence when, while armed with
| ||||||
15 | a dangerous weapon, he commits any felony defined by
Illinois | ||||||
16 | Law, except first degree murder, attempted first degree | ||||||
17 | murder,
intentional
homicide of an unborn child, second degree | ||||||
18 | murder, involuntary manslaughter, reckless homicide, predatory | ||||||
19 | criminal sexual assault of a child,
aggravated battery of
a | ||||||
20 | child as described in Section 12-4.3 or subdivision (b)(1) of | ||||||
21 | Section 12-3.05, home invasion, or any offense that makes the | ||||||
22 | possession or use of a dangerous weapon either an element of | ||||||
23 | the base offense, an aggravated or enhanced version of the | ||||||
24 | offense, or a mandatory sentencing factor that increases the | ||||||
25 | sentencing range.
|
| |||||||
| |||||||
1 | (b) A person commits armed violence when he or she | ||||||
2 | personally discharges a
firearm that is a Category I or | ||||||
3 | Category II weapon while committing any felony
defined by
| ||||||
4 | Illinois law, except first degree murder, attempted first | ||||||
5 | degree murder,
intentional homicide of an unborn child, second | ||||||
6 | degree murder, involuntary manslaughter, reckless homicide,
| ||||||
7 | predatory criminal sexual assault of a
child, aggravated
| ||||||
8 | battery of a child as described in Section 12-4.3 or | ||||||
9 | subdivision (b)(1) of Section 12-3.05, home invasion, or any | ||||||
10 | offense that makes the possession or use of a dangerous weapon | ||||||
11 | either an element of the base offense, an aggravated or | ||||||
12 | enhanced version of the offense, or a mandatory sentencing | ||||||
13 | factor that increases the sentencing range.
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14 | (c) A person commits armed violence when he or she | ||||||
15 | personally discharges a
firearm that is a Category I or | ||||||
16 | Category II weapon that proximately causes
great bodily harm,
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17 | permanent disability, or permanent disfigurement or death to | ||||||
18 | another person
while committing any felony defined by Illinois | ||||||
19 | law, except first degree
murder, attempted first degree | ||||||
20 | murder, intentional homicide of an unborn child,
second degree | ||||||
21 | murder, involuntary manslaughter, reckless homicide, predatory | ||||||
22 | criminal sexual assault of a child, aggravated battery of a | ||||||
23 | child as described in Section 12-4.3 or subdivision (b)(1) of | ||||||
24 | Section 12-3.05, home invasion,
or any offense that makes the | ||||||
25 | possession or use of a dangerous weapon either an element of | ||||||
26 | the base offense, an aggravated or enhanced version of the |
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1 | offense, or a mandatory sentencing factor that increases the | ||||||
2 | sentencing range.
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3 | (d) This Section does not apply to : violations of the Fish | ||||||
4 | and Aquatic Life
Code or the Wildlife Code ; or the carrying of | ||||||
5 | a concealed firearm by a State's Attorney as provided in | ||||||
6 | Section 3-9005 of the Counties Code .
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7 | (Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11 .)
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