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1 | AN ACT concerning courts.
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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 3-6023 as follows:
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6 | (55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
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7 | Sec. 3-6023. Attendance at courts. Each sheriff shall, in | |||||||||||||||||||||||
8 | person or by
deputy, county corrections officer, or court | |||||||||||||||||||||||
9 | security officer, attend upon
all courts held in his or her | |||||||||||||||||||||||
10 | county when in session, and obey the lawful
orders and | |||||||||||||||||||||||
11 | directions of the court, and shall maintain the security of | |||||||||||||||||||||||
12 | the
courthouse . The function of the sheriff as the person who | |||||||||||||||||||||||
13 | shall maintain the security of the courthouse is affirmed; | |||||||||||||||||||||||
14 | however, the sheriff shall not interfere with the right of a | |||||||||||||||||||||||
15 | judge or an associate judge of the circuit court, if the judge | |||||||||||||||||||||||
16 | or associate judge is a possessor or holder of a valid | |||||||||||||||||||||||
17 | concealed carry license issued under the Firearm Concealed | |||||||||||||||||||||||
18 | Carry Act, to exercise this right within or on the grounds of a | |||||||||||||||||||||||
19 | courthouse to which the judge or associate judge has been | |||||||||||||||||||||||
20 | assigned. Validity of a concealed carry license shall be as | |||||||||||||||||||||||
21 | provided in Section 10 of the Firearm Concealed Carry Act. The | |||||||||||||||||||||||
22 | sheriff of the county where the court is located shall allow | |||||||||||||||||||||||
23 | the judge or associate judge to secure his or her firearm in |
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1 | the same manner as a peace officer, in a secure area in | ||||||
2 | chambers or adjacent to the courtroom, and the firearm shall | ||||||
3 | not be permitted within the courtroom. The firearm may be | ||||||
4 | carried to and from the courthouse and shall be secured upon | ||||||
5 | the judge or associate judge reporting to his or her chambers . | ||||||
6 | Court services customarily performed by sheriffs shall be | ||||||
7 | provided
by the sheriff or his or her deputies, county | ||||||
8 | corrections officers, or
court security officers, rather than | ||||||
9 | by employees of the court, unless there
are no deputies, | ||||||
10 | county corrections officers, or court security officers
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11 | available to perform such services. The expenses of the | ||||||
12 | sheriff in carrying
out his or her duties under this Section, | ||||||
13 | including the compensation of
deputies, county corrections | ||||||
14 | officers, or court security officers assigned
to such | ||||||
15 | services, shall be paid to the county from fees collected | ||||||
16 | pursuant to
court order for services of the sheriff and from | ||||||
17 | any court services fees
collected by the county under the | ||||||
18 | Criminal and Traffic Assessment Act.
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19 | (Source: P.A. 100-987, eff. 7-1-19 .)
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20 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
21 | changing Section 65 as follows: | ||||||
22 | (430 ILCS 66/65)
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23 | Sec. 65. Prohibited areas. | ||||||
24 | (a) A licensee under this Act shall not knowingly carry a |
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1 | firearm on or into: | ||||||
2 | (1) Any building, real property, and parking area | ||||||
3 | under the control of a public or private elementary or | ||||||
4 | secondary school. | ||||||
5 | (2) Any building, real property, and parking area | ||||||
6 | under the control of a pre-school or child care facility, | ||||||
7 | including any room or portion of a building under the | ||||||
8 | control of a pre-school or child care facility. Nothing in | ||||||
9 | this paragraph shall prevent the operator of a child care | ||||||
10 | facility in a family home from owning or possessing a | ||||||
11 | firearm in the home or license under this Act, if no child | ||||||
12 | under child care at the home is present in the home or the | ||||||
13 | firearm in the home is stored in a locked container when a | ||||||
14 | child under child care at the home is present in the home. | ||||||
15 | (3) Any building, parking area, or portion of a | ||||||
16 | building under the control of an officer of the executive | ||||||
17 | or legislative branch of government, provided that nothing | ||||||
18 | in this paragraph shall prohibit a licensee from carrying | ||||||
19 | a concealed firearm onto the real property, bikeway, or | ||||||
20 | trail in a park regulated by the Department of Natural | ||||||
21 | Resources or any other designated public hunting area or | ||||||
22 | building where firearm possession is permitted as | ||||||
23 | established by the Department of Natural Resources under | ||||||
24 | Section 1.8 of the Wildlife Code. | ||||||
25 | (4) Except as otherwise provided in Section 3-6023 of | ||||||
26 | the Counties Code and Section 28.1 of the Circuit Courts |
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1 | Act, any Any building designated for matters before a | ||||||
2 | circuit court, appellate court, or the Supreme Court, or | ||||||
3 | any building or portion of a building under the control of | ||||||
4 | the Supreme Court. | ||||||
5 | (5) Any building or portion of a building under the | ||||||
6 | control of a unit of local government. | ||||||
7 | (6) Any building, real property, and parking area | ||||||
8 | under the control of an adult or juvenile detention or | ||||||
9 | correctional institution, prison, or jail. | ||||||
10 | (7) Any building, real property, and parking area | ||||||
11 | under the control of a public or private hospital or | ||||||
12 | hospital affiliate, mental health facility, or nursing | ||||||
13 | home. | ||||||
14 | (8) Any bus, train, or form of transportation paid for | ||||||
15 | in whole or in part with public funds, and any building, | ||||||
16 | real property, and parking area under the control of a | ||||||
17 | public transportation facility paid for in whole or in | ||||||
18 | part with public funds. | ||||||
19 | (9) Any building, real property, and parking area | ||||||
20 | under the control of an establishment that serves alcohol | ||||||
21 | on its premises, if more than 50% of the establishment's | ||||||
22 | gross receipts within the prior 3 months is from the sale | ||||||
23 | of alcohol. The owner of an establishment who knowingly | ||||||
24 | fails to prohibit concealed firearms on its premises as | ||||||
25 | provided in this paragraph or who knowingly makes a false | ||||||
26 | statement or record to avoid the prohibition on concealed |
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1 | firearms under this paragraph is subject to the penalty | ||||||
2 | under subsection (c-5) of Section 10-1 of the Liquor | ||||||
3 | Control Act of 1934. | ||||||
4 | (10) Any public gathering or special event conducted | ||||||
5 | on property open to the public that requires the issuance | ||||||
6 | of a permit from the unit of local government, provided | ||||||
7 | this prohibition shall not apply to a licensee who must | ||||||
8 | walk through a public gathering in order to access his or | ||||||
9 | her residence, place of business, or vehicle. | ||||||
10 | (11) Any building or real property that has been | ||||||
11 | issued a Special Event Retailer's license as defined in | ||||||
12 | Section 1-3.17.1 of the Liquor Control Act during the time | ||||||
13 | designated for the sale of alcohol by the Special Event | ||||||
14 | Retailer's license, or a Special use permit license as | ||||||
15 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
16 | Control Act during the time designated for the sale of | ||||||
17 | alcohol by the Special use permit license. | ||||||
18 | (12) Any public playground. | ||||||
19 | (13) Any public park, athletic area, or athletic | ||||||
20 | facility under the control of a municipality or park | ||||||
21 | district, provided nothing in this Section shall prohibit | ||||||
22 | a licensee from carrying a concealed firearm while on a | ||||||
23 | trail or bikeway if only a portion of the trail or bikeway | ||||||
24 | includes a public park. | ||||||
25 | (14) Any real property under the control of the Cook | ||||||
26 | County Forest Preserve District. |
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1 | (15) Any building, classroom, laboratory, medical | ||||||
2 | clinic, hospital, artistic venue, athletic venue, | ||||||
3 | entertainment venue, officially recognized | ||||||
4 | university-related organization property, whether owned or | ||||||
5 | leased, and any real property, including parking areas, | ||||||
6 | sidewalks, and common areas under the control of a public | ||||||
7 | or private community college, college, or university. | ||||||
8 | (16) Any building, real property, or parking area | ||||||
9 | under the control of a gaming facility licensed under the | ||||||
10 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
11 | 1975, including an inter-track wagering location licensee. | ||||||
12 | (17) Any stadium, arena, or the real property or | ||||||
13 | parking area under the control of a stadium, arena, or any | ||||||
14 | collegiate or professional sporting event. | ||||||
15 | (18) Any building, real property, or parking area | ||||||
16 | under the control of a public library. | ||||||
17 | (19) Any building, real property, or parking area | ||||||
18 | under the control of an airport. | ||||||
19 | (20) Any building, real property, or parking area | ||||||
20 | under the control of an amusement park. | ||||||
21 | (21) Any building, real property, or parking area | ||||||
22 | under the control of a zoo or museum. | ||||||
23 | (22) Any street, driveway, parking area, property, | ||||||
24 | building, or facility, owned, leased, controlled, or used | ||||||
25 | by a nuclear energy, storage, weapons, or development site | ||||||
26 | or facility regulated by the federal Nuclear Regulatory |
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1 | Commission. The licensee shall not under any circumstance | ||||||
2 | store a firearm or ammunition in his or her vehicle or in a | ||||||
3 | compartment or container within a vehicle located anywhere | ||||||
4 | in or on the street, driveway, parking area, property, | ||||||
5 | building, or facility described in this paragraph. | ||||||
6 | (23) Any area where firearms are prohibited under | ||||||
7 | federal law. | ||||||
8 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
9 | private community college, college, or university from: | ||||||
10 | (1) prohibiting persons from carrying a firearm within | ||||||
11 | a vehicle owned, leased, or controlled by the college or | ||||||
12 | university; | ||||||
13 | (2) developing resolutions, regulations, or policies | ||||||
14 | regarding student, employee, or visitor misconduct and | ||||||
15 | discipline, including suspension and expulsion; | ||||||
16 | (3) developing resolutions, regulations, or policies | ||||||
17 | regarding the storage or maintenance of firearms, which | ||||||
18 | must include designated areas where persons can park | ||||||
19 | vehicles that carry firearms; and | ||||||
20 | (4) permitting the carrying or use of firearms for the | ||||||
21 | purpose of instruction and curriculum of officially | ||||||
22 | recognized programs, including but not limited to military | ||||||
23 | science and law enforcement training programs, or in any | ||||||
24 | designated area used for hunting purposes or target | ||||||
25 | shooting. | ||||||
26 | (a-10) The owner of private real property of any type may |
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1 | prohibit the carrying of concealed firearms on the property | ||||||
2 | under his or her control. The owner must post a sign in | ||||||
3 | accordance with subsection (d) of this Section indicating that | ||||||
4 | firearms are prohibited on the property, unless the property | ||||||
5 | is a private residence. | ||||||
6 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
7 | this Section except under paragraph (22) or (23) of subsection | ||||||
8 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
9 | into the parking area of a prohibited location specified in | ||||||
10 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
11 | permitted to carry a concealed firearm on or about his or her | ||||||
12 | person within a vehicle into the parking area and may store a | ||||||
13 | firearm or ammunition concealed in a case within a locked | ||||||
14 | vehicle or locked container out of plain view within the | ||||||
15 | vehicle in the parking area. A licensee may carry a concealed | ||||||
16 | firearm in the immediate area surrounding his or her vehicle | ||||||
17 | within a prohibited parking lot area only for the limited | ||||||
18 | purpose of storing or retrieving a firearm within the | ||||||
19 | vehicle's trunk. For purposes of this subsection, "case" | ||||||
20 | includes a glove compartment or console that completely | ||||||
21 | encloses the concealed firearm or ammunition, the trunk of the | ||||||
22 | vehicle, or a firearm carrying box, shipping box, or other | ||||||
23 | container. | ||||||
24 | (c) A licensee shall not be in violation of this Section | ||||||
25 | while he or she is traveling along a public right of way that | ||||||
26 | touches or crosses any of the premises under subsection (a), |
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1 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
2 | carried on his or her person in accordance with the provisions | ||||||
3 | of this Act or is being transported in a vehicle by the | ||||||
4 | licensee in accordance with all other applicable provisions of | ||||||
5 | law. | ||||||
6 | (d) Signs stating that the carrying of firearms is | ||||||
7 | prohibited shall be clearly and conspicuously posted at the | ||||||
8 | entrance of a building, premises, or real property specified | ||||||
9 | in this Section as a prohibited area, unless the building or | ||||||
10 | premises is a private residence. Signs shall be of a uniform | ||||||
11 | design as established by the Illinois State Police and shall | ||||||
12 | be 4 inches by 6 inches in size. The Illinois State Police | ||||||
13 | shall adopt rules for standardized signs to be used under this | ||||||
14 | subsection.
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15 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.) | ||||||
16 | Section 15. The Circuit Courts Act is amended by adding | ||||||
17 | Section 28.1 as follows: | ||||||
18 | (705 ILCS 35/28.1 new) | ||||||
19 | Sec. 28.1. Judges and associate judges; firearms. A judge | ||||||
20 | or an associate judge of the circuit court with a valid | ||||||
21 | concealed carry license issued under the Firearm Concealed | ||||||
22 | Carry Act may exercise the rights granted by this license | ||||||
23 | within any premises containing a circuit court to which that | ||||||
24 | judge or associate judge has been assigned. Validity of the |
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1 | concealed carry license shall be as provided in Section 10 of | ||||||
2 | the Firearm Concealed Carry Act. The sheriff of the county | ||||||
3 | where the court is located shall allow the judge or associate | ||||||
4 | judge to secure his or her firearm in the same manner as a | ||||||
5 | peace officer, in a secure area in chambers or adjacent to the | ||||||
6 | courtroom, and the firearm shall not be permitted within the | ||||||
7 | courtroom. The firearm may be carried to and from the | ||||||
8 | courthouse and shall be secured upon the judge or associate | ||||||
9 | judge reporting to his or her chambers.
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