HB3165 103RD GENERAL ASSEMBLY

LRB103 30001 RLC 56421 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3165

Introduced 2/17/2023, by Rep. Brad Stephens

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6023	from Ch. 34, par. 3-6023
430 ILCS 66/65
705 ILCS 35/28.1 new

Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 3-6023 as follows:

(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)

Sec. 3-6023. Attendance at courts. Each sheriff shall, in person or by deputy, county corrections officer, or court security officer, attend upon all courts held in his or her county when in session, and obey the lawful orders and directions of the court, and shall maintain the security of the courthouse. The function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Validity of a concealed carry license shall be as provided in Section 10 of the Firearm Concealed Carry Act. The sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. The firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Court services customarily performed by sheriffs shall be provided by the sheriff or his or her deputies, county corrections officers, or court security officers, rather than by employees of the court, unless there are no deputies, county corrections officers, or court security officers available to perform such services. The expenses of the sheriff in carrying out his or her duties under this Section, including the compensation of deputies, county corrections officers, or court security officers assigned to such services, shall be paid to the county from fees collected pursuant to court order for services of the sheriff and from any court services fees collected by the county under the Criminal and Traffic Assessment Act.

(Source: P.A. 100-987, eff. 7-1-19.)

Section 10. The Firearm Concealed Carry Act is amended by changing Section 65 as follows:

(430 ILCS 66/65)

Sec. 65. Prohibited areas.

(a) A licensee under this Act shall not knowingly carry a firearm on or into:

(1) Any building, real property, and parking area under the control of a public or private elementary or secondary school.

(2) Any building, real property, and parking area under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code.

(4) Except as otherwise provided in Section 3-6023 of the Counties Code and Section 28.1 of the Circuit Courts Act, any Any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court.

(5) Any building or portion of a building under the control of a unit of local government.

(6) Any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.

(7) Any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home.

(8) Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.

(9) Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934.

(10) Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle.

(11) Any building or real property that has been issued a Special Event Retailer's license as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's license, or a Special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special use permit license.

(12) Any public playground.

(13) Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park.

(14) Any real property under the control of the Cook County Forest Preserve District.

(15) Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university.

(16) Any building, real property, or parking area under the control of a gaming facility licensed under the Illinois Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee.

(17) Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event.

(18) Any building, real property, or parking area under the control of a public library.

(19) Any building, real property, or parking area under the control of an airport.

(20) Any building, real property, or parking area under the control of an amusement park.

(21) Any building, real property, or parking area under the control of a zoo or museum.

(22) Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph.

(23) Any area where firearms are prohibited under federal law.

(a-5) Nothing in this Act shall prohibit a public or private community college, college, or university from:

(1) prohibiting persons from carrying a firearm within a vehicle owned, leased, or controlled by the college or university;

(2) developing resolutions, regulations, or policies regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion;

(3) developing resolutions, regulations, or policies regarding the storage or maintenance of firearms, which must include designated areas where persons can park vehicles that carry firearms; and

(4) permitting the carrying or use of firearms for the purpose of instruction and curriculum of officially recognized programs, including but not limited to military science and law enforcement training programs, or in any designated area used for hunting purposes or target shooting.

(a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.

(b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

(c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

(d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Illinois State Police and shall be 4 inches by 6 inches in size. The Illinois State Police shall adopt rules for standardized signs to be used under this subsection.

(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)

Section 15. The Circuit Courts Act is amended by adding Section 28.1 as follows:

(705 ILCS 35/28.1 new)

Sec. 28.1. Judges and associate judges; firearms. A judge or an associate judge of the circuit court with a valid concealed carry license issued under the Firearm Concealed Carry Act may exercise the rights granted by this license within any premises containing a circuit court to which that judge or associate judge has been assigned. Validity of the concealed carry license shall be as provided in Section 10 of the Firearm Concealed Carry Act. The sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. The firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers.