|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2999 Introduced 2/16/2023, by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 430 ILCS 65/4.1 rep. | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.9 rep. | | 720 ILCS 5/24-1.10 rep. | |
|
Amends the Criminal Code of 2012. Repeals amendatory provisions of the Criminal Code of 2012 added by Public Act 102-1116 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions added by Public Act 102-1116 that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act added by Public Act 102-1116 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB2999 | | LRB103 30312 RLC 56740 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7.5 as follows:
|
6 | | (5 ILCS 140/7.5)
|
7 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
8 | | by the statutes referenced below, the following shall be |
9 | | exempt from inspection and copying: |
10 | | (a) All information determined to be confidential |
11 | | under Section 4002 of the Technology Advancement and |
12 | | Development Act. |
13 | | (b) Library circulation and order records identifying |
14 | | library users with specific materials under the Library |
15 | | Records Confidentiality Act. |
16 | | (c) Applications, related documents, and medical |
17 | | records received by the Experimental Organ Transplantation |
18 | | Procedures Board and any and all documents or other |
19 | | records prepared by the Experimental Organ Transplantation |
20 | | Procedures Board or its staff relating to applications it |
21 | | has received. |
22 | | (d) Information and records held by the Department of |
23 | | Public Health and its authorized representatives relating |
|
| | HB2999 | - 2 - | LRB103 30312 RLC 56740 b |
|
|
1 | | to known or suspected cases of sexually transmissible |
2 | | disease or any information the disclosure of which is |
3 | | restricted under the Illinois Sexually Transmissible |
4 | | Disease Control Act. |
5 | | (e) Information the disclosure of which is exempted |
6 | | under Section 30 of the Radon Industry Licensing Act. |
7 | | (f) Firm performance evaluations under Section 55 of |
8 | | the Architectural, Engineering, and Land Surveying |
9 | | Qualifications Based Selection Act. |
10 | | (g) Information the disclosure of which is restricted |
11 | | and exempted under Section 50 of the Illinois Prepaid |
12 | | Tuition Act. |
13 | | (h) Information the disclosure of which is exempted |
14 | | under the State Officials and Employees Ethics Act, and |
15 | | records of any lawfully created State or local inspector |
16 | | general's office that would be exempt if created or |
17 | | obtained by an Executive Inspector General's office under |
18 | | that Act. |
19 | | (i) Information contained in a local emergency energy |
20 | | plan submitted to a municipality in accordance with a |
21 | | local emergency energy plan ordinance that is adopted |
22 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
23 | | (j) Information and data concerning the distribution |
24 | | of surcharge moneys collected and remitted by carriers |
25 | | under the Emergency Telephone System Act. |
26 | | (k) Law enforcement officer identification information |
|
| | HB2999 | - 3 - | LRB103 30312 RLC 56740 b |
|
|
1 | | or driver identification information compiled by a law |
2 | | enforcement agency or the Department of Transportation |
3 | | under Section 11-212 of the Illinois Vehicle Code. |
4 | | (l) Records and information provided to a residential |
5 | | health care facility resident sexual assault and death |
6 | | review team or the Executive Council under the Abuse |
7 | | Prevention Review Team Act. |
8 | | (m) Information provided to the predatory lending |
9 | | database created pursuant to Article 3 of the Residential |
10 | | Real Property Disclosure Act, except to the extent |
11 | | authorized under that Article. |
12 | | (n) Defense budgets and petitions for certification of |
13 | | compensation and expenses for court appointed trial |
14 | | counsel as provided under Sections 10 and 15 of the |
15 | | Capital Crimes Litigation Act. This subsection (n) shall |
16 | | apply until the conclusion of the trial of the case, even |
17 | | if the prosecution chooses not to pursue the death penalty |
18 | | prior to trial or sentencing. |
19 | | (o) Information that is prohibited from being |
20 | | disclosed under Section 4 of the Illinois Health and |
21 | | Hazardous Substances Registry Act. |
22 | | (p) Security portions of system safety program plans, |
23 | | investigation reports, surveys, schedules, lists, data, or |
24 | | information compiled, collected, or prepared by or for the |
25 | | Department of Transportation under Sections 2705-300 and |
26 | | 2705-616 of the Department of Transportation Law of the |
|
| | HB2999 | - 4 - | LRB103 30312 RLC 56740 b |
|
|
1 | | Civil Administrative Code of Illinois, the Regional |
2 | | Transportation Authority under Section 2.11 of the |
3 | | Regional Transportation Authority Act, or the St. Clair |
4 | | County Transit District under the Bi-State Transit Safety |
5 | | Act. |
6 | | (q) Information prohibited from being disclosed by the |
7 | | Personnel Record Review Act. |
8 | | (r) Information prohibited from being disclosed by the |
9 | | Illinois School Student Records Act. |
10 | | (s) Information the disclosure of which is restricted |
11 | | under Section 5-108 of the Public Utilities Act.
|
12 | | (t) All identified or deidentified health information |
13 | | in the form of health data or medical records contained |
14 | | in, stored in, submitted to, transferred by, or released |
15 | | from the Illinois Health Information Exchange, and |
16 | | identified or deidentified health information in the form |
17 | | of health data and medical records of the Illinois Health |
18 | | Information Exchange in the possession of the Illinois |
19 | | Health Information Exchange Office due to its |
20 | | administration of the Illinois Health Information |
21 | | Exchange. The terms "identified" and "deidentified" shall |
22 | | be given the same meaning as in the Health Insurance |
23 | | Portability and Accountability Act of 1996, Public Law |
24 | | 104-191, or any subsequent amendments thereto, and any |
25 | | regulations promulgated thereunder. |
26 | | (u) Records and information provided to an independent |
|
| | HB2999 | - 5 - | LRB103 30312 RLC 56740 b |
|
|
1 | | team of experts under the Developmental Disability and |
2 | | Mental Health Safety Act (also known as Brian's Law). |
3 | | (v) Names and information of people who have applied |
4 | | for or received Firearm Owner's Identification Cards under |
5 | | the Firearm Owners Identification Card Act or applied for |
6 | | or received a concealed carry license under the Firearm |
7 | | Concealed Carry Act, unless otherwise authorized by the |
8 | | Firearm Concealed Carry Act; and databases under the |
9 | | Firearm Concealed Carry Act, records of the Concealed |
10 | | Carry Licensing Review Board under the Firearm Concealed |
11 | | Carry Act, and law enforcement agency objections under the |
12 | | Firearm Concealed Carry Act. |
13 | | (v-5) Records of the Firearm Owner's Identification |
14 | | Card Review Board that are exempted from disclosure under |
15 | | Section 10 of the Firearm Owners Identification Card Act. |
16 | | (w) Personally identifiable information which is |
17 | | exempted from disclosure under subsection (g) of Section |
18 | | 19.1 of the Toll Highway Act. |
19 | | (x) Information which is exempted from disclosure |
20 | | under Section 5-1014.3 of the Counties Code or Section |
21 | | 8-11-21 of the Illinois Municipal Code. |
22 | | (y) Confidential information under the Adult |
23 | | Protective Services Act and its predecessor enabling |
24 | | statute, the Elder Abuse and Neglect Act, including |
25 | | information about the identity and administrative finding |
26 | | against any caregiver of a verified and substantiated |
|
| | HB2999 | - 6 - | LRB103 30312 RLC 56740 b |
|
|
1 | | decision of abuse, neglect, or financial exploitation of |
2 | | an eligible adult maintained in the Registry established |
3 | | under Section 7.5 of the Adult Protective Services Act. |
4 | | (z) Records and information provided to a fatality |
5 | | review team or the Illinois Fatality Review Team Advisory |
6 | | Council under Section 15 of the Adult Protective Services |
7 | | Act. |
8 | | (aa) Information which is exempted from disclosure |
9 | | under Section 2.37 of the Wildlife Code. |
10 | | (bb) Information which is or was prohibited from |
11 | | disclosure by the Juvenile Court Act of 1987. |
12 | | (cc) Recordings made under the Law Enforcement |
13 | | Officer-Worn Body Camera Act, except to the extent |
14 | | authorized under that Act. |
15 | | (dd) Information that is prohibited from being |
16 | | disclosed under Section 45 of the Condominium and Common |
17 | | Interest Community Ombudsperson Act. |
18 | | (ee) Information that is exempted from disclosure |
19 | | under Section 30.1 of the Pharmacy Practice Act. |
20 | | (ff) Information that is exempted from disclosure |
21 | | under the Revised Uniform Unclaimed Property Act. |
22 | | (gg) Information that is prohibited from being |
23 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
24 | | Code. |
25 | | (hh) Records that are exempt from disclosure under |
26 | | Section 1A-16.7 of the Election Code. |
|
| | HB2999 | - 7 - | LRB103 30312 RLC 56740 b |
|
|
1 | | (ii) Information which is exempted from disclosure |
2 | | under Section 2505-800 of the Department of Revenue Law of |
3 | | the Civil Administrative Code of Illinois. |
4 | | (jj) Information and reports that are required to be |
5 | | submitted to the Department of Labor by registering day |
6 | | and temporary labor service agencies but are exempt from |
7 | | disclosure under subsection (a-1) of Section 45 of the Day |
8 | | and Temporary Labor Services Act. |
9 | | (kk) Information prohibited from disclosure under the |
10 | | Seizure and Forfeiture Reporting Act. |
11 | | (ll) Information the disclosure of which is restricted |
12 | | and exempted under Section 5-30.8 of the Illinois Public |
13 | | Aid Code. |
14 | | (mm) Records that are exempt from disclosure under |
15 | | Section 4.2 of the Crime Victims Compensation Act. |
16 | | (nn) Information that is exempt from disclosure under |
17 | | Section 70 of the Higher Education Student Assistance Act. |
18 | | (oo) Communications, notes, records, and reports |
19 | | arising out of a peer support counseling session |
20 | | prohibited from disclosure under the First Responders |
21 | | Suicide Prevention Act. |
22 | | (pp) Names and all identifying information relating to |
23 | | an employee of an emergency services provider or law |
24 | | enforcement agency under the First Responders Suicide |
25 | | Prevention Act. |
26 | | (qq) Information and records held by the Department of |
|
| | HB2999 | - 8 - | LRB103 30312 RLC 56740 b |
|
|
1 | | Public Health and its authorized representatives collected |
2 | | under the Reproductive Health Act. |
3 | | (rr) Information that is exempt from disclosure under |
4 | | the Cannabis Regulation and Tax Act. |
5 | | (ss) Data reported by an employer to the Department of |
6 | | Human Rights pursuant to Section 2-108 of the Illinois |
7 | | Human Rights Act. |
8 | | (tt) Recordings made under the Children's Advocacy |
9 | | Center Act, except to the extent authorized under that |
10 | | Act. |
11 | | (uu) Information that is exempt from disclosure under |
12 | | Section 50 of the Sexual Assault Evidence Submission Act. |
13 | | (vv) Information that is exempt from disclosure under |
14 | | subsections (f) and (j) of Section 5-36 of the Illinois |
15 | | Public Aid Code. |
16 | | (ww) Information that is exempt from disclosure under |
17 | | Section 16.8 of the State Treasurer Act. |
18 | | (xx) Information that is exempt from disclosure or |
19 | | information that shall not be made public under the |
20 | | Illinois Insurance Code. |
21 | | (yy) Information prohibited from being disclosed under |
22 | | the Illinois Educational Labor Relations Act. |
23 | | (zz) Information prohibited from being disclosed under |
24 | | the Illinois Public Labor Relations Act. |
25 | | (aaa) Information prohibited from being disclosed |
26 | | under Section 1-167 of the Illinois Pension Code. |
|
| | HB2999 | - 9 - | LRB103 30312 RLC 56740 b |
|
|
1 | | (bbb) Information that is prohibited from disclosure |
2 | | by the Illinois Police Training Act and the Illinois State |
3 | | Police Act. |
4 | | (ccc) Records exempt from disclosure under Section
|
5 | | 2605-304 of the Illinois State Police Law of the Civil
|
6 | | Administrative Code of Illinois. |
7 | | (ddd) Information prohibited from being disclosed |
8 | | under Section 35 of the Address Confidentiality for |
9 | | Victims of Domestic Violence, Sexual Assault, Human |
10 | | Trafficking, or Stalking Act. |
11 | | (eee) Information prohibited from being disclosed |
12 | | under subsection (b) of Section 75 of the Domestic |
13 | | Violence Fatality Review Act. |
14 | | (fff) Images from cameras under the Expressway Camera |
15 | | Act. This subsection (fff) is inoperative on and after |
16 | | July 1, 2023. |
17 | | (ggg) Information prohibited from disclosure under |
18 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
19 | | Agency Licensing Act. |
20 | | (hhh) Information submitted to the Department of State |
21 | | Police in an affidavit or application for an assault |
22 | | weapon endorsement, assault weapon attachment endorsement, |
23 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
24 | | endorsement under the Firearm Owners Identification Card |
25 | | Act. |
26 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
|
| | HB2999 | - 10 - | LRB103 30312 RLC 56740 b |
|
|
1 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
2 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
3 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
4 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
5 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
6 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
7 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
8 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) |
9 | | Section 10. The Firearm Owners Identification Card Act is |
10 | | amended by changing Section 8 as follows:
|
11 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
12 | | Sec. 8. Grounds for denial and revocation. The Illinois |
13 | | State Police has authority to deny an
application for or to |
14 | | revoke and seize a Firearm Owner's Identification
Card |
15 | | previously issued under this Act only if the Illinois State |
16 | | Police finds that the
applicant or the person to whom such card |
17 | | was issued is or was at the time
of issuance:
|
18 | | (a) A person under 21 years of age who has been |
19 | | convicted of a
misdemeanor other than a traffic offense or |
20 | | adjudged delinquent;
|
21 | | (b) This subsection (b) applies through the 180th day |
22 | | following July 12, 2019 (the effective date of Public Act |
23 | | 101-80). A person under 21 years of age who does not have |
24 | | the written consent
of his parent or guardian to acquire |
|
| | HB2999 | - 11 - | LRB103 30312 RLC 56740 b |
|
|
1 | | and possess firearms and firearm
ammunition, or whose |
2 | | parent or guardian has revoked such written consent,
or |
3 | | where such parent or guardian does not qualify to have a |
4 | | Firearm Owner's
Identification Card; |
5 | | (b-5) This subsection (b-5) applies on and after the |
6 | | 181st day following July 12, 2019 (the effective date of |
7 | | Public Act 101-80). A person under 21 years of age who is |
8 | | not an active duty member of the United States Armed |
9 | | Forces or the Illinois National Guard and does not have |
10 | | the written consent
of his or her parent or guardian to |
11 | | acquire and possess firearms and firearm
ammunition, or |
12 | | whose parent or guardian has revoked such written consent,
|
13 | | or where such parent or guardian does not qualify to have a |
14 | | Firearm Owner's
Identification Card;
|
15 | | (c) A person convicted of a felony under the laws of |
16 | | this or any other
jurisdiction;
|
17 | | (d) A person addicted to narcotics;
|
18 | | (e) A person who has been a patient of a mental health |
19 | | facility within the
past 5 years or a person who has been a |
20 | | patient in a mental health facility more than 5 years ago |
21 | | who has not received the certification required under |
22 | | subsection (u) of this Section. An active law enforcement |
23 | | officer employed by a unit of government or a Department |
24 | | of Corrections employee authorized to possess firearms who |
25 | | is denied, revoked, or has his or her Firearm Owner's |
26 | | Identification Card seized under this subsection (e) may |
|
| | HB2999 | - 12 - | LRB103 30312 RLC 56740 b |
|
|
1 | | obtain relief as described in subsection (c-5) of Section |
2 | | 10 of this Act if the officer or employee did not act in a |
3 | | manner threatening to the officer or employee, another |
4 | | person, or the public as determined by the treating |
5 | | clinical psychologist or physician, and the officer or |
6 | | employee seeks mental health treatment;
|
7 | | (f) A person whose mental condition is of such a |
8 | | nature that it poses
a clear and present danger to the |
9 | | applicant, any other person or persons, or
the community;
|
10 | | (g) A person who has an intellectual disability;
|
11 | | (h) A person who intentionally makes a false statement |
12 | | in the Firearm
Owner's Identification Card application or |
13 | | endorsement affidavit ;
|
14 | | (i) A noncitizen who is unlawfully present in
the |
15 | | United States under the laws of the United States;
|
16 | | (i-5) A noncitizen who has been admitted to the United |
17 | | States under a
non-immigrant visa (as that term is defined |
18 | | in Section 101(a)(26) of the
Immigration and Nationality |
19 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
20 | | (i-5) does not apply to any noncitizen who has been |
21 | | lawfully admitted to
the United States under a |
22 | | non-immigrant visa if that noncitizen is:
|
23 | | (1) admitted to the United States for lawful |
24 | | hunting or sporting purposes;
|
25 | | (2) an official representative of a foreign |
26 | | government who is:
|
|
| | HB2999 | - 13 - | LRB103 30312 RLC 56740 b |
|
|
1 | | (A) accredited to the United States Government |
2 | | or the Government's
mission to an international |
3 | | organization having its headquarters in the United
|
4 | | States; or
|
5 | | (B) en route to or from another country to |
6 | | which that noncitizen is
accredited;
|
7 | | (3) an official of a foreign government or |
8 | | distinguished foreign visitor
who has been so |
9 | | designated by the Department of State;
|
10 | | (4) a foreign law enforcement officer of a |
11 | | friendly foreign government
entering the United States |
12 | | on official business; or
|
13 | | (5) one who has received a waiver from the |
14 | | Attorney General of the United
States pursuant to 18 |
15 | | U.S.C. 922(y)(3);
|
16 | | (j) (Blank);
|
17 | | (k) A person who has been convicted within the past 5 |
18 | | years of battery,
assault, aggravated assault, violation |
19 | | of an order of protection, or a
substantially similar |
20 | | offense in another jurisdiction, in which a firearm was
|
21 | | used or possessed;
|
22 | | (l) A person who has been convicted of domestic |
23 | | battery, aggravated domestic battery, or a substantially
|
24 | | similar offense in another jurisdiction committed before, |
25 | | on or after January 1, 2012 (the effective date of Public |
26 | | Act 97-158). If the applicant or person who has been |
|
| | HB2999 | - 14 - | LRB103 30312 RLC 56740 b |
|
|
1 | | previously issued a Firearm Owner's Identification Card |
2 | | under this Act knowingly and intelligently waives the |
3 | | right to have an offense described in this paragraph (l) |
4 | | tried by a jury, and by guilty plea or otherwise, results |
5 | | in a conviction for an offense in which a domestic |
6 | | relationship is not a required element of the offense but |
7 | | in which a determination of the applicability of 18 U.S.C. |
8 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
9 | | Criminal Procedure of 1963, an entry by the court of a |
10 | | judgment of conviction for that offense shall be grounds |
11 | | for denying an application for and for revoking and |
12 | | seizing a Firearm Owner's Identification Card previously |
13 | | issued to the person under this Act;
|
14 | | (m) (Blank);
|
15 | | (n) A person who is prohibited from acquiring or |
16 | | possessing
firearms or firearm ammunition by any Illinois |
17 | | State statute or by federal
law;
|
18 | | (o) A minor subject to a petition filed under Section |
19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
20 | | minor is a delinquent minor for
the commission of an |
21 | | offense that if committed by an adult would be a felony;
|
22 | | (p) An adult who had been adjudicated a delinquent |
23 | | minor under the Juvenile
Court Act of 1987 for the |
24 | | commission of an offense that if committed by an
adult |
25 | | would be a felony;
|
26 | | (q) A person who is not a resident of the State of |
|
| | HB2999 | - 15 - | LRB103 30312 RLC 56740 b |
|
|
1 | | Illinois, except as provided in subsection (a-10) of |
2 | | Section 4; |
3 | | (r) A person who has been adjudicated as a person with |
4 | | a mental disability; |
5 | | (s) A person who has been found to have a |
6 | | developmental disability; |
7 | | (t) A person involuntarily admitted into a mental |
8 | | health facility; or |
9 | | (u) A person who has had his or her Firearm Owner's |
10 | | Identification Card revoked or denied under subsection (e) |
11 | | of this Section or item (iv) of paragraph (2) of |
12 | | subsection (a) of Section 4 of this Act because he or she |
13 | | was a patient in a mental health facility as provided in |
14 | | subsection (e) of this Section, shall not be permitted to |
15 | | obtain a Firearm Owner's Identification Card, after the |
16 | | 5-year period has lapsed, unless he or she has received a |
17 | | mental health evaluation by a physician, clinical |
18 | | psychologist, or qualified examiner as those terms are |
19 | | defined in the Mental Health and Developmental |
20 | | Disabilities Code, and has received a certification that |
21 | | he or she is not a clear and present danger to himself, |
22 | | herself, or others. The physician, clinical psychologist, |
23 | | or qualified examiner making the certification and his or |
24 | | her employer shall not be held criminally, civilly, or |
25 | | professionally liable for making or not making the |
26 | | certification required under this subsection, except for |
|
| | HB2999 | - 16 - | LRB103 30312 RLC 56740 b |
|
|
1 | | willful or wanton misconduct. This subsection does not |
2 | | apply to a person whose firearm possession rights have |
3 | | been restored through administrative or judicial action |
4 | | under Section 10 or 11 of this Act. |
5 | | Upon revocation of a person's Firearm Owner's |
6 | | Identification Card, the Illinois State Police shall provide |
7 | | notice to the person and the person shall comply with Section |
8 | | 9.5 of this Act. |
9 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; |
10 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. |
11 | | 5-27-22; 102-1116, eff. 1-10-23.)
|
12 | | (430 ILCS 65/4.1 rep.) |
13 | | Section 15. The Firearm Owners Identification Card Act is |
14 | | amended by repealing Section 4.1. |
15 | | Section 20. The Criminal Code of 2012 is amended by |
16 | | changing Section 24-1 as follows:
|
17 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
18 | | Sec. 24-1. Unlawful use of weapons.
|
19 | | (a) A person commits the offense of unlawful use of |
20 | | weapons when
he knowingly:
|
21 | | (1) Sells, manufactures, purchases, possesses or |
22 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
23 | | sand-bag, metal knuckles or other knuckle weapon |
|
| | HB2999 | - 17 - | LRB103 30312 RLC 56740 b |
|
|
1 | | regardless of its composition, throwing star,
or any |
2 | | knife, commonly referred to as a switchblade knife, which |
3 | | has a
blade that opens automatically by hand pressure |
4 | | applied to a button,
spring or other device in the handle |
5 | | of the knife, or a ballistic knife,
which is a device that |
6 | | propels a knifelike blade as a projectile by means
of a |
7 | | coil spring, elastic material or compressed gas; or
|
8 | | (2) Carries or possesses with intent to use the same |
9 | | unlawfully
against another, a dagger, dirk, billy, |
10 | | dangerous knife, razor,
stiletto, broken bottle or other |
11 | | piece of glass, stun gun or taser or
any other dangerous or |
12 | | deadly weapon or instrument of like character; or
|
13 | | (2.5) Carries or possesses with intent to use the same |
14 | | unlawfully against another, any firearm in a church, |
15 | | synagogue, mosque, or other building, structure, or place |
16 | | used for religious worship; or |
17 | | (3) Carries on or about his person or in any vehicle, a |
18 | | tear gas gun
projector or bomb or any object containing |
19 | | noxious liquid gas or
substance, other than an object |
20 | | containing a non-lethal noxious liquid gas
or substance |
21 | | designed solely for personal defense carried by a person |
22 | | 18
years of age or older; or
|
23 | | (4) Carries or possesses in any vehicle or concealed |
24 | | on or about his
person except when on his land or in his |
25 | | own abode, legal dwelling, or fixed place of
business, or |
26 | | on the land or in the legal dwelling of another person as |
|
| | HB2999 | - 18 - | LRB103 30312 RLC 56740 b |
|
|
1 | | an invitee with that person's permission, any pistol, |
2 | | revolver, stun gun or taser or other firearm, except
that
|
3 | | this subsection (a) (4) does not apply to or affect |
4 | | transportation of weapons
that meet one of the following |
5 | | conditions:
|
6 | | (i) are broken down in a non-functioning state; or
|
7 | | (ii) are not immediately accessible; or
|
8 | | (iii) are unloaded and enclosed in a case, firearm |
9 | | carrying box,
shipping box, or other container by a |
10 | | person who has been issued a currently
valid Firearm |
11 | | Owner's
Identification Card; or |
12 | | (iv) are carried or possessed in accordance with |
13 | | the Firearm Concealed Carry Act by a person who has |
14 | | been issued a currently valid license under the |
15 | | Firearm Concealed Carry Act; or
|
16 | | (5) Sets a spring gun; or
|
17 | | (6) Possesses any device or attachment of any kind |
18 | | designed, used or
intended for use in silencing the report |
19 | | of any firearm; or
|
20 | | (7) Sells, manufactures, purchases, possesses or |
21 | | carries:
|
22 | | (i) a machine gun, which shall be defined for the |
23 | | purposes of this
subsection as any weapon,
which |
24 | | shoots, is designed to shoot, or can be readily |
25 | | restored to shoot,
automatically more than one shot |
26 | | without manually reloading by a single
function of the |
|
| | HB2999 | - 19 - | LRB103 30312 RLC 56740 b |
|
|
1 | | trigger, including the frame or receiver
of any such |
2 | | weapon, or sells, manufactures, purchases, possesses, |
3 | | or
carries any combination of parts designed or |
4 | | intended for
use in converting any weapon into a |
5 | | machine gun, or any combination or
parts from which a |
6 | | machine gun can be assembled if such parts are in the
|
7 | | possession or under the control of a person;
|
8 | | (ii) any rifle having one or
more barrels less |
9 | | than 16 inches in length or a shotgun having one or |
10 | | more
barrels less than 18 inches in length or any |
11 | | weapon made from a rifle or
shotgun, whether by |
12 | | alteration, modification, or otherwise, if such a |
13 | | weapon
as modified has an overall length of less than |
14 | | 26 inches; or
|
15 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
16 | | other container containing an
explosive substance of |
17 | | over one-quarter ounce for like purposes, such
as, but |
18 | | not limited to, black powder bombs and Molotov |
19 | | cocktails or
artillery projectiles; or
|
20 | | (8) Carries or possesses any firearm, stun gun or |
21 | | taser or other
deadly weapon in any place which is |
22 | | licensed to sell intoxicating
beverages, or at any public |
23 | | gathering held pursuant to a license issued
by any |
24 | | governmental body or any public gathering at which an |
25 | | admission
is charged, excluding a place where a showing, |
26 | | demonstration or lecture
involving the exhibition of |
|
| | HB2999 | - 20 - | LRB103 30312 RLC 56740 b |
|
|
1 | | unloaded firearms is conducted.
|
2 | | This subsection (a)(8) does not apply to any auction |
3 | | or raffle of a firearm
held pursuant to
a license or permit |
4 | | issued by a governmental body, nor does it apply to |
5 | | persons
engaged
in firearm safety training courses; or
|
6 | | (9) Carries or possesses in a vehicle or on or about |
7 | | his or her person any
pistol, revolver, stun gun or taser |
8 | | or firearm or ballistic knife, when
he or she is hooded, |
9 | | robed or masked in such manner as to conceal his or her |
10 | | identity; or
|
11 | | (10) Carries or possesses on or about his or her |
12 | | person, upon any public street,
alley, or other public |
13 | | lands within the corporate limits of a city, village,
or |
14 | | incorporated town, except when an invitee thereon or |
15 | | therein, for the
purpose of the display of such weapon or |
16 | | the lawful commerce in weapons, or
except when on his land |
17 | | or in his or her own abode, legal dwelling, or fixed place |
18 | | of business, or on the land or in the legal dwelling of |
19 | | another person as an invitee with that person's |
20 | | permission, any
pistol, revolver, stun gun, or taser or |
21 | | other firearm, except that this
subsection (a) (10) does |
22 | | not apply to or affect transportation of weapons that
meet |
23 | | one of the following conditions:
|
24 | | (i) are broken down in a non-functioning state; or
|
25 | | (ii) are not immediately accessible; or
|
26 | | (iii) are unloaded and enclosed in a case, firearm |
|
| | HB2999 | - 21 - | LRB103 30312 RLC 56740 b |
|
|
1 | | carrying box,
shipping box, or other container by a |
2 | | person who has been issued a currently
valid Firearm |
3 | | Owner's
Identification Card; or
|
4 | | (iv) are carried or possessed in accordance with |
5 | | the Firearm Concealed Carry Act by a person who has |
6 | | been issued a currently valid license under the |
7 | | Firearm Concealed Carry Act. |
8 | | A "stun gun or taser", as used in this paragraph (a) |
9 | | means (i) any device
which is powered by electrical |
10 | | charging units, such as, batteries, and
which fires one or |
11 | | several barbs attached to a length of wire and
which, upon |
12 | | hitting a human, can send out a current capable of |
13 | | disrupting
the person's nervous system in such a manner as |
14 | | to render him incapable of
normal functioning or (ii) any |
15 | | device which is powered by electrical
charging units, such |
16 | | as batteries, and which, upon contact with a human or
|
17 | | clothing worn by a human, can send out current capable of |
18 | | disrupting
the person's nervous system in such a manner as |
19 | | to render him incapable
of normal functioning; or
|
20 | | (11) Sells, manufactures, delivers, imports, |
21 | | possesses, or purchases any assault weapon attachment or |
22 | | .50 caliber cartridge in violation of Section 24-1.9 or |
23 | | any explosive bullet. For purposes
of this paragraph (a) |
24 | | "explosive bullet" means the projectile portion of
an |
25 | | ammunition cartridge which contains or carries an |
26 | | explosive charge which
will explode upon contact with the |
|
| | HB2999 | - 22 - | LRB103 30312 RLC 56740 b |
|
|
1 | | flesh of a human or an animal.
"Cartridge" means a tubular |
2 | | metal case having a projectile affixed at the
front |
3 | | thereof and a cap or primer at the rear end thereof, with |
4 | | the
propellant contained in such tube between the |
5 | | projectile and the cap; or
|
6 | | (12) (Blank); or
|
7 | | (13) Carries or possesses on or about his or her |
8 | | person while in a building occupied by a unit of |
9 | | government, a billy club, other weapon of like character, |
10 | | or other instrument of like character intended for use as |
11 | | a weapon. For the purposes of this Section, "billy club" |
12 | | means a short stick or club commonly carried by police |
13 | | officers which is either telescopic or constructed of a |
14 | | solid piece of wood or other man-made material ; or |
15 | | (14) Manufactures, possesses, sells, or offers to |
16 | | sell, purchase, manufacture, import, transfer, or use any |
17 | | device, part, kit, tool, accessory, or combination of |
18 | | parts that is designed to and functions to increase the |
19 | | rate of fire of a semiautomatic firearm above the standard |
20 | | rate of fire for semiautomatic firearms that is not |
21 | | equipped with that device, part, or combination of parts; |
22 | | or |
23 | | (15) Carries or possesses any assault weapon or .50 |
24 | | caliber rifle in violation of Section 24-1.9; or |
25 | | (16) Manufactures, sells, delivers, imports, or |
26 | | purchases any assault weapon or .50 caliber rifle in |
|
| | HB2999 | - 23 - | LRB103 30312 RLC 56740 b |
|
|
1 | | violation of Section 24-1.9 . |
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) , or |
5 | | 24-1(a)(15) commits a Class A
misdemeanor.
A person convicted |
6 | | of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits |
7 | | a
Class 4 felony; a person
convicted of a violation of |
8 | | subsection 24-1(a)(6) , or 24-1(a)(7)(ii) , 24-1(a)(7)(iii), or |
9 | | 24-1(a)(16) or (iii)
commits a Class 3 felony. A person |
10 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
11 | | Class 2 felony and shall be sentenced to a term of imprisonment |
12 | | of not less than 3 years and not more than 7 years, unless the |
13 | | weapon is possessed in the
passenger compartment of a motor |
14 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
15 | | Code, or on the person, while the weapon is loaded, in which
|
16 | | case it shall be a Class X felony. A person convicted of a
|
17 | | second or subsequent violation of subsection 24-1(a)(4), |
18 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) , or 24-1(a)(15) commits |
19 | | a Class 3 felony. A person convicted of a violation of |
20 | | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 |
21 | | felony. The possession of each weapon or device in violation |
22 | | of this Section constitutes a single and separate violation.
|
23 | | (c) Violations in specific places.
|
24 | | (1) A person who violates subsection 24-1(a)(6) or |
25 | | 24-1(a)(7) in any
school, regardless of the time of day or |
26 | | the time of year, in residential
property owned, operated |
|
| | HB2999 | - 24 - | LRB103 30312 RLC 56740 b |
|
|
1 | | or managed by a public housing agency or
leased by
a public |
2 | | housing agency as part of a scattered site or mixed-income
|
3 | | development, in a
public park, in a courthouse, on the |
4 | | real property comprising any school,
regardless of the
|
5 | | time of day or the time of year, on residential property |
6 | | owned, operated
or
managed by a public housing agency
or |
7 | | leased by a public housing agency as part of a scattered |
8 | | site or
mixed-income development,
on the real property |
9 | | comprising any
public park, on the real property |
10 | | comprising any courthouse, in any conveyance
owned, leased |
11 | | or contracted by a school to
transport students to or from |
12 | | school or a school related activity, in any conveyance
|
13 | | owned, leased, or contracted by a public transportation |
14 | | agency, or on any
public way within 1,000 feet of the real |
15 | | property comprising any school,
public park, courthouse, |
16 | | public transportation facility, or residential property |
17 | | owned, operated, or managed
by a public housing agency
or |
18 | | leased by a public housing agency as part of a scattered |
19 | | site or
mixed-income development
commits a Class 2 felony |
20 | | and shall be sentenced to a term of imprisonment of not |
21 | | less than 3 years and not more than 7 years.
|
22 | | (1.5) A person who violates subsection 24-1(a)(4), |
23 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of |
24 | | the time of day or the time of year,
in residential |
25 | | property owned, operated, or managed by a public
housing
|
26 | | agency
or leased by a public housing agency as part of a |
|
| | HB2999 | - 25 - | LRB103 30312 RLC 56740 b |
|
|
1 | | scattered site or
mixed-income development,
in
a public
|
2 | | park, in a courthouse, on the real property comprising any |
3 | | school, regardless
of the time of day or the time of year, |
4 | | on residential property owned,
operated, or managed by a |
5 | | public housing agency
or leased by a public housing agency |
6 | | as part of a scattered site or
mixed-income development,
|
7 | | on the real property
comprising any public park, on the |
8 | | real property comprising any courthouse, in
any conveyance |
9 | | owned, leased, or contracted by a school to transport |
10 | | students
to or from school or a school related activity, |
11 | | in any conveyance
owned, leased, or contracted by a public |
12 | | transportation agency, or on any public way within
1,000 |
13 | | feet of the real property comprising any school, public |
14 | | park, courthouse,
public transportation facility, or |
15 | | residential property owned, operated, or managed by a |
16 | | public
housing agency
or leased by a public housing agency |
17 | | as part of a scattered site or
mixed-income development
|
18 | | commits a Class 3 felony.
|
19 | | (2) A person who violates subsection 24-1(a)(1), |
20 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
21 | | time of day or the time of year, in
residential property |
22 | | owned, operated or managed by a public housing
agency
or |
23 | | leased by a public housing agency as part of a scattered |
24 | | site or
mixed-income development,
in
a public park, in a |
25 | | courthouse, on the real property comprising any school,
|
26 | | regardless of the time of day or the time of year, on |
|
| | HB2999 | - 26 - | LRB103 30312 RLC 56740 b |
|
|
1 | | residential property
owned, operated or managed by a |
2 | | public housing agency
or leased by a public housing agency |
3 | | as part of a scattered site or
mixed-income development,
|
4 | | on the real property
comprising any public park, on the |
5 | | real property comprising any courthouse, in
any conveyance |
6 | | owned, leased or contracted by a school to transport |
7 | | students
to or from school or a school related activity, |
8 | | in any conveyance
owned, leased, or contracted by a public |
9 | | transportation agency, or on any public way within
1,000 |
10 | | feet of the real property comprising any school, public |
11 | | park, courthouse,
public transportation facility, or |
12 | | residential property owned, operated, or managed by a |
13 | | public
housing agency or leased by a public housing agency |
14 | | as part of a scattered
site or mixed-income development |
15 | | commits a Class 4 felony. "Courthouse"
means any building |
16 | | that is used by the Circuit, Appellate, or Supreme Court |
17 | | of
this State for the conduct of official business.
|
18 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
19 | | (c) shall not
apply to law
enforcement officers or |
20 | | security officers of such school, college, or
university |
21 | | or to students carrying or possessing firearms for use in |
22 | | training
courses, parades, hunting, target shooting on |
23 | | school ranges, or otherwise with
the consent of school |
24 | | authorities and which firearms are transported unloaded
|
25 | | enclosed in a suitable case, box, or transportation |
26 | | package.
|
|
| | HB2999 | - 27 - | LRB103 30312 RLC 56740 b |
|
|
1 | | (4) For the purposes of this subsection (c), "school" |
2 | | means any public or
private elementary or secondary |
3 | | school, community college, college, or
university.
|
4 | | (5) For the purposes of this subsection (c), "public |
5 | | transportation agency" means a public or private agency |
6 | | that provides for the transportation or conveyance of
|
7 | | persons by means available to the general public, except |
8 | | for transportation
by automobiles not used for conveyance |
9 | | of the general public as passengers; and "public |
10 | | transportation facility" means a terminal or other place
|
11 | | where one may obtain public transportation.
|
12 | | (d) The presence in an automobile other than a public |
13 | | omnibus of any
weapon, instrument or substance referred to in |
14 | | subsection (a)(7) is
prima facie evidence that it is in the |
15 | | possession of, and is being
carried by, all persons occupying |
16 | | such automobile at the time such
weapon, instrument or |
17 | | substance is found, except under the following
circumstances: |
18 | | (i) if such weapon, instrument or instrumentality is
found |
19 | | upon the person of one of the occupants therein; or (ii) if |
20 | | such
weapon, instrument or substance is found in an automobile |
21 | | operated for
hire by a duly licensed driver in the due, lawful |
22 | | and proper pursuit of
his or her trade, then such presumption |
23 | | shall not apply to the driver.
|
24 | | (e) Exemptions. |
25 | | (1) Crossbows, Common or Compound bows and Underwater
|
26 | | Spearguns are exempted from the definition of ballistic |
|
| | HB2999 | - 28 - | LRB103 30312 RLC 56740 b |
|
|
1 | | knife as defined in
paragraph (1) of subsection (a) of |
2 | | this Section. |
3 | | (2) The provision of paragraph (1) of subsection (a) |
4 | | of this Section prohibiting the sale, manufacture, |
5 | | purchase, possession, or carrying of any knife, commonly |
6 | | referred to as a switchblade knife, which has a
blade that |
7 | | opens automatically by hand pressure applied to a button,
|
8 | | spring or other device in the handle of the knife, does not |
9 | | apply to a person who possesses a currently valid Firearm |
10 | | Owner's Identification Card previously issued in his or |
11 | | her name by the Illinois State Police or to a person or an |
12 | | entity engaged in the business of selling or manufacturing |
13 | | switchblade knives.
|
14 | | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; |
15 | | 102-1116, eff. 1-10-23.)
|
16 | | (720 ILCS 5/24-1.9 rep.) |
17 | | (720 ILCS 5/24-1.10 rep.) |
18 | | Section 30. The Criminal Code of 2012 is amended by |
19 | | repealing Sections 24-1.9 and 24-1.10.
|
20 | | Section 99. Effective date. This Act takes effect upon |
21 | | becoming law.
|