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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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. |
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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; |
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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; revised | ||||||
9 | 2-13-23.) | ||||||
10 | Section 10. The Firearm Owners Identification Card Act is | ||||||
11 | amended by changing Section 8 as follows: | ||||||
12 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | ||||||
13 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
14 | State Police has authority to deny an application for or to | ||||||
15 | revoke and seize a Firearm Owner's Identification Card | ||||||
16 | previously issued under this Act only if the Illinois State | ||||||
17 | Police finds that the applicant or the person to whom such card | ||||||
18 | was issued is or was at the time of issuance: | ||||||
19 | (a) A person under 21 years of age who has been | ||||||
20 | convicted of a misdemeanor other than a traffic offense or | ||||||
21 | adjudged delinquent; | ||||||
22 | (b) This subsection (b) applies through the 180th day | ||||||
23 | following July 12, 2019 (the effective date of Public Act | ||||||
24 | 101-80). A person under 21 years of age who does not have |
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1 | the written consent of his parent or guardian to acquire | ||||||
2 | and possess firearms and firearm ammunition, or whose | ||||||
3 | parent or guardian has revoked such written consent, or | ||||||
4 | where such parent or guardian does not qualify to have a | ||||||
5 | Firearm Owner's Identification Card; | ||||||
6 | (b-5) This subsection (b-5) applies on and after the | ||||||
7 | 181st day following July 12, 2019 (the effective date of | ||||||
8 | Public Act 101-80). A person under 21 years of age who is | ||||||
9 | not an active duty member of the United States Armed | ||||||
10 | Forces or the Illinois National Guard and does not have | ||||||
11 | the written consent of his or her parent or guardian to | ||||||
12 | acquire and possess firearms and firearm ammunition, or | ||||||
13 | whose parent or guardian has revoked such written consent, | ||||||
14 | or where such parent or guardian does not qualify to have a | ||||||
15 | Firearm Owner's Identification Card; | ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other jurisdiction; | ||||||
18 | (d) A person addicted to narcotics; | ||||||
19 | (e) A person who has been a patient of a mental health | ||||||
20 | facility within the past 5 years or a person who has been a | ||||||
21 | patient in a mental health facility more than 5 years ago | ||||||
22 | who has not received the certification required under | ||||||
23 | subsection (u) of this Section. An active law enforcement | ||||||
24 | officer employed by a unit of government or a Department | ||||||
25 | of Corrections employee authorized to possess firearms who | ||||||
26 | is denied, revoked, or has his or her Firearm Owner's |
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1 | Identification Card seized under this subsection (e) may | ||||||
2 | obtain relief as described in subsection (c-5) of Section | ||||||
3 | 10 of this Act if the officer or employee did not act in a | ||||||
4 | manner threatening to the officer or employee, another | ||||||
5 | person, or the public as determined by the treating | ||||||
6 | clinical psychologist or physician, and the officer or | ||||||
7 | employee seeks mental health treatment; | ||||||
8 | (f) A person whose mental condition is of such a | ||||||
9 | nature that it poses a clear and present danger to the | ||||||
10 | applicant, any other person or persons, or the community; | ||||||
11 | (g) A person who has an intellectual disability; | ||||||
12 | (h) A person who intentionally makes a false statement | ||||||
13 | in the Firearm Owner's Identification Card application or | ||||||
14 | endorsement affidavit ; | ||||||
15 | (i) A noncitizen who is unlawfully present in the | ||||||
16 | United States under the laws of the United States; | ||||||
17 | (i-5) A noncitizen who has been admitted to the United | ||||||
18 | States under a non-immigrant visa (as that term is defined | ||||||
19 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
20 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
21 | (i-5) does not apply to any noncitizen who has been | ||||||
22 | lawfully admitted to the United States under a | ||||||
23 | non-immigrant visa if that noncitizen is: | ||||||
24 | (1) admitted to the United States for lawful | ||||||
25 | hunting or sporting purposes; | ||||||
26 | (2) an official representative of a foreign |
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1 | government who is: | ||||||
2 | (A) accredited to the United States Government | ||||||
3 | or the Government's mission to an international | ||||||
4 | organization having its headquarters in the United | ||||||
5 | States; or | ||||||
6 | (B) en route to or from another country to | ||||||
7 | which that noncitizen is accredited; | ||||||
8 | (3) an official of a foreign government or | ||||||
9 | distinguished foreign visitor who has been so | ||||||
10 | designated by the Department of State; | ||||||
11 | (4) a foreign law enforcement officer of a | ||||||
12 | friendly foreign government entering the United States | ||||||
13 | on official business; or | ||||||
14 | (5) one who has received a waiver from the | ||||||
15 | Attorney General of the United States pursuant to 18 | ||||||
16 | U.S.C. 922(y)(3); | ||||||
17 | (j) (Blank); | ||||||
18 | (k) A person who has been convicted within the past 5 | ||||||
19 | years of battery, assault, aggravated assault, violation | ||||||
20 | of an order of protection, or a substantially similar | ||||||
21 | offense in another jurisdiction, in which a firearm was | ||||||
22 | used or possessed; | ||||||
23 | (l) A person who has been convicted of domestic | ||||||
24 | battery, aggravated domestic battery, or a substantially | ||||||
25 | similar offense in another jurisdiction committed before, | ||||||
26 | on or after January 1, 2012 (the effective date of Public |
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1 | Act 97-158). If the applicant or person who has been | ||||||
2 | previously issued a Firearm Owner's Identification Card | ||||||
3 | under this Act knowingly and intelligently waives the | ||||||
4 | right to have an offense described in this paragraph (l) | ||||||
5 | tried by a jury, and by guilty plea or otherwise, results | ||||||
6 | in a conviction for an offense in which a domestic | ||||||
7 | relationship is not a required element of the offense but | ||||||
8 | in which a determination of the applicability of 18 U.S.C. | ||||||
9 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
10 | Criminal Procedure of 1963, an entry by the court of a | ||||||
11 | judgment of conviction for that offense shall be grounds | ||||||
12 | for denying an application for and for revoking and | ||||||
13 | seizing a Firearm Owner's Identification Card previously | ||||||
14 | issued to the person under this Act; | ||||||
15 | (m) (Blank); | ||||||
16 | (n) A person who is prohibited from acquiring or | ||||||
17 | possessing firearms or firearm ammunition by any Illinois | ||||||
18 | State statute or by federal law; | ||||||
19 | (o) A minor subject to a petition filed under Section | ||||||
20 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
21 | minor is a delinquent minor for the commission of an | ||||||
22 | offense that if committed by an adult would be a felony; | ||||||
23 | (p) An adult who had been adjudicated a delinquent | ||||||
24 | minor under the Juvenile Court Act of 1987 for the | ||||||
25 | commission of an offense that if committed by an adult | ||||||
26 | would be a felony; |
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1 | (q) A person who is not a resident of the State of | ||||||
2 | Illinois, except as provided in subsection (a-10) of | ||||||
3 | Section 4; | ||||||
4 | (r) A person who has been adjudicated as a person with | ||||||
5 | a mental disability; | ||||||
6 | (s) A person who has been found to have a | ||||||
7 | developmental disability; | ||||||
8 | (t) A person involuntarily admitted into a mental | ||||||
9 | health facility; or | ||||||
10 | (u) A person who has had his or her Firearm Owner's | ||||||
11 | Identification Card revoked or denied under subsection (e) | ||||||
12 | of this Section or item (iv) of paragraph (2) of | ||||||
13 | subsection (a) of Section 4 of this Act because he or she | ||||||
14 | was a patient in a mental health facility as provided in | ||||||
15 | subsection (e) of this Section, shall not be permitted to | ||||||
16 | obtain a Firearm Owner's Identification Card, after the | ||||||
17 | 5-year period has lapsed, unless he or she has received a | ||||||
18 | mental health evaluation by a physician, clinical | ||||||
19 | psychologist, or qualified examiner as those terms are | ||||||
20 | defined in the Mental Health and Developmental | ||||||
21 | Disabilities Code, and has received a certification that | ||||||
22 | he or she is not a clear and present danger to himself, | ||||||
23 | herself, or others. The physician, clinical psychologist, | ||||||
24 | or qualified examiner making the certification and his or | ||||||
25 | her employer shall not be held criminally, civilly, or | ||||||
26 | professionally liable for making or not making the |
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1 | certification required under this subsection, except for | ||||||
2 | willful or wanton misconduct. This subsection does not | ||||||
3 | apply to a person whose firearm possession rights have | ||||||
4 | been restored through administrative or judicial action | ||||||
5 | under Section 10 or 11 of this Act. | ||||||
6 | Upon revocation of a person's Firearm Owner's | ||||||
7 | Identification Card, the Illinois State Police shall provide | ||||||
8 | notice to the person and the person shall comply with Section | ||||||
9 | 9.5 of this Act. | ||||||
10 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
11 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
12 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
13 | (430 ILCS 65/4.1 rep.) | ||||||
14 | Section 15. The Firearm Owners Identification Card Act is | ||||||
15 | amended by repealing Section 4.1. | ||||||
16 | Section 20. The Firearms Restraining Order Act is amended | ||||||
17 | by changing Sections 40, 45, and 55 as follows: | ||||||
18 | (430 ILCS 67/40) | ||||||
19 | Sec. 40. Plenary Six-month orders. | ||||||
20 | (a) A petitioner may request a 6-month firearms | ||||||
21 | restraining order for up to one year by filing an affidavit or | ||||||
22 | verified pleading alleging that the respondent poses a | ||||||
23 | significant danger of causing personal injury to himself, |
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1 | herself, or another in the near future by having in his or her | ||||||
2 | custody or control, purchasing, possessing, or receiving a | ||||||
3 | firearm, ammunition, and firearm parts that could be assembled | ||||||
4 | to make an operable firearm. The petition shall also describe | ||||||
5 | the number, types, and locations of any firearms, ammunition, | ||||||
6 | and firearm parts that could be assembled to make an operable | ||||||
7 | firearm presently believed by the petitioner to be possessed | ||||||
8 | or controlled by the respondent. The firearms restraining | ||||||
9 | order may be renewed for an additional period of up to one year | ||||||
10 | in accordance with Section 45 of this Act. | ||||||
11 | (b) If the respondent is alleged to pose a significant | ||||||
12 | danger of causing personal injury to an intimate partner, or | ||||||
13 | an intimate partner is alleged to have been the target of a | ||||||
14 | threat or act of violence by the respondent, the petitioner | ||||||
15 | shall make a good faith effort to provide notice to any and all | ||||||
16 | intimate partners of the respondent. The notice must include | ||||||
17 | the duration of time that the petitioner intends to petition | ||||||
18 | the court for a 6-month firearms restraining order, and, if | ||||||
19 | the petitioner is a law enforcement officer, referral to | ||||||
20 | relevant domestic violence or stalking advocacy or counseling | ||||||
21 | resources, if appropriate. The petitioner shall attest to | ||||||
22 | having provided the notice in the filed affidavit or verified | ||||||
23 | pleading. If, after making a good faith effort, the petitioner | ||||||
24 | is unable to provide notice to any or all intimate partners, | ||||||
25 | the affidavit or verified pleading should describe what | ||||||
26 | efforts were made. |
| |||||||
| |||||||
1 | (c) Every person who files a petition for a plenary | ||||||
2 | 6-month firearms restraining order, knowing the information | ||||||
3 | provided to the court at any hearing or in the affidavit or | ||||||
4 | verified pleading to be false, is guilty of perjury under | ||||||
5 | Section 32-2 of the Criminal Code of 2012. | ||||||
6 | (d) Upon receipt of a petition for a plenary 6-month | ||||||
7 | firearms restraining order, the court shall order a hearing | ||||||
8 | within 30 days. | ||||||
9 | (e) In determining whether to issue a firearms restraining | ||||||
10 | order under this Section, the court shall consider evidence | ||||||
11 | including, but not limited to, the following: | ||||||
12 | (1) The unlawful and reckless use, display, or | ||||||
13 | brandishing of a firearm, ammunition, and firearm parts | ||||||
14 | that could be assembled to make an operable firearm by the | ||||||
15 | respondent. | ||||||
16 | (2) The history of use, attempted use, or threatened | ||||||
17 | use of physical force by the respondent against another | ||||||
18 | person. | ||||||
19 | (3) Any prior arrest of the respondent for a felony | ||||||
20 | offense. | ||||||
21 | (4) Evidence of the abuse of controlled substances or | ||||||
22 | alcohol by the respondent. | ||||||
23 | (5) A recent threat of violence or act of violence by | ||||||
24 | the respondent directed toward himself, herself, or | ||||||
25 | another. | ||||||
26 | (6) A violation of an emergency order of protection |
| |||||||
| |||||||
1 | issued under Section 217 of the Illinois Domestic Violence | ||||||
2 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
3 | Procedure of 1963 or of an order of protection issued | ||||||
4 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
5 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
6 | of 1963. | ||||||
7 | (7) A pattern of violent acts or violent threats, | ||||||
8 | including, but not limited to, threats of violence or acts | ||||||
9 | of violence by the respondent directed toward himself, | ||||||
10 | herself, or another. | ||||||
11 | (f) At the hearing, the petitioner shall have the burden | ||||||
12 | of proving, by clear and convincing evidence, that the | ||||||
13 | respondent poses a significant danger of personal injury to | ||||||
14 | himself, herself, or another by having in his or her custody or | ||||||
15 | control, purchasing, possessing, or receiving a firearm, | ||||||
16 | ammunition, and firearm parts that could be assembled to make | ||||||
17 | an operable firearm. | ||||||
18 | (g) If the court finds that there is clear and convincing | ||||||
19 | evidence to issue a plenary firearms restraining order, the | ||||||
20 | court shall issue a firearms restraining order that shall be | ||||||
21 | in effect for up to one year, but not less than 6 months, 6 | ||||||
22 | months subject to renewal under Section 45 of this Act or | ||||||
23 | termination under that Section. | ||||||
24 | (g-5) If the court issues a plenary 6-month firearms | ||||||
25 | restraining order, it shall, upon a finding of probable cause | ||||||
26 | that the respondent possesses firearms, ammunition, and |
| |||||||
| |||||||
1 | firearm parts that could be assembled to make an operable | ||||||
2 | firearm, issue a search warrant directing a law enforcement | ||||||
3 | agency to seize the respondent's firearms, ammunition, and | ||||||
4 | firearm parts that could be assembled to make an operable | ||||||
5 | firearm. The court may, as part of that warrant, direct the law | ||||||
6 | enforcement agency to search the respondent's residence and | ||||||
7 | other places where the court finds there is probable cause to | ||||||
8 | believe he or she is likely to possess the firearms, | ||||||
9 | ammunition, and firearm parts that could be assembled to make | ||||||
10 | an operable firearm. A return of the search warrant shall be | ||||||
11 | filed by the law enforcement agency within 4 days thereafter, | ||||||
12 | setting forth the time, date, and location that the search | ||||||
13 | warrant was executed and what items, if any, were seized. | ||||||
14 | (h) A plenary 6-month firearms restraining order shall | ||||||
15 | require: | ||||||
16 | (1) the respondent to refrain from having in his or | ||||||
17 | her custody or control, purchasing, possessing, or | ||||||
18 | receiving additional firearms, ammunition, and firearm | ||||||
19 | parts that could be assembled to make an operable firearm | ||||||
20 | for the duration of the order under Section 8.2 of the | ||||||
21 | Firearm Owners Identification Card Act; and | ||||||
22 | (2) the respondent to comply with Section 9.5 of the | ||||||
23 | Firearm Owners Identification Card Act and subsection (g) | ||||||
24 | of Section 70 of the Firearm Concealed Carry Act. | ||||||
25 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
26 | this Section, upon expiration of the period of safekeeping, if |
| |||||||
| |||||||
1 | the firearms, ammunition, and firearm parts that could be | ||||||
2 | assembled to make an operable firearm or Firearm Owner's | ||||||
3 | Identification Card cannot be returned to the respondent | ||||||
4 | because the respondent cannot be located, fails to respond to | ||||||
5 | requests to retrieve the firearms, ammunition, and firearm | ||||||
6 | parts that could be assembled to make an operable firearm, or | ||||||
7 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
8 | firearm parts that could be assembled to make an operable | ||||||
9 | firearm, upon petition from the local law enforcement agency, | ||||||
10 | the court may order the local law enforcement agency to | ||||||
11 | destroy the firearms, ammunition, and firearm parts that could | ||||||
12 | be assembled to make an operable firearm, use the firearms, | ||||||
13 | ammunition, and firearm parts that could be assembled to make | ||||||
14 | an operable firearm for training purposes, or use the | ||||||
15 | firearms, ammunition, and firearm parts that could be | ||||||
16 | assembled to make an operable firearm for any other | ||||||
17 | application as deemed appropriate by the local law enforcement | ||||||
18 | agency. | ||||||
19 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
20 | Card has been revoked or suspended may petition the court, if | ||||||
21 | the petitioner is present in court or has notice of the | ||||||
22 | respondent's petition, to transfer the respondent's firearm, | ||||||
23 | ammunition, and firearm parts that could be assembled to make | ||||||
24 | an operable firearm to a person who is lawfully able to possess | ||||||
25 | the firearm, ammunition, and firearm parts that could be | ||||||
26 | assembled to make an operable firearm if the person does not |
| |||||||
| |||||||
1 | reside at the same address as the respondent. Notice of the | ||||||
2 | petition shall be served upon the person protected by the | ||||||
3 | emergency firearms restraining order. While the order is in | ||||||
4 | effect, the transferee who receives the respondent's firearms, | ||||||
5 | ammunition, and firearm parts that could be assembled to make | ||||||
6 | an operable firearm must swear or affirm by affidavit that he | ||||||
7 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
8 | parts that could be assembled to make an operable firearm to | ||||||
9 | the respondent or to anyone residing in the same residence as | ||||||
10 | the respondent. | ||||||
11 | (i-6) If a person other than the respondent claims title | ||||||
12 | to any firearms, ammunition, and firearm parts that could be | ||||||
13 | assembled to make an operable firearm surrendered under this | ||||||
14 | Section, he or she may petition the court, if the petitioner is | ||||||
15 | present in court or has notice of the petition, to have the | ||||||
16 | firearm, ammunition, and firearm parts that could be assembled | ||||||
17 | to make an operable firearm returned to him or her. If the | ||||||
18 | court determines that person to be the lawful owner of the | ||||||
19 | firearm, ammunition, and firearm parts that could be assembled | ||||||
20 | to make an operable firearm, the firearm, ammunition, and | ||||||
21 | firearm parts that could be assembled to make an operable | ||||||
22 | firearm shall be returned to him or her, provided that: | ||||||
23 | (1) the firearm, ammunition, and firearm parts that | ||||||
24 | could be assembled to make an operable firearm are removed | ||||||
25 | from the respondent's custody, control, or possession and | ||||||
26 | the lawful owner agrees to store the firearm, ammunition, |
| |||||||
| |||||||
1 | and firearm parts that could be assembled to make an | ||||||
2 | operable firearm in a manner such that the respondent does | ||||||
3 | not have access to or control of the firearm, ammunition, | ||||||
4 | and firearm parts that could be assembled to make an | ||||||
5 | operable firearm; and | ||||||
6 | (2) the firearm, ammunition, and firearm parts that | ||||||
7 | could be assembled to make an operable firearm are not | ||||||
8 | otherwise unlawfully possessed by the owner. | ||||||
9 | The person petitioning for the return of his or her | ||||||
10 | firearm, ammunition, and firearm parts that could be assembled | ||||||
11 | to make an operable firearm must swear or affirm by affidavit | ||||||
12 | that he or she: (i) is the lawful owner of the firearm, | ||||||
13 | ammunition, and firearm parts that could be assembled to make | ||||||
14 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
15 | ammunition, and firearm parts that could be assembled to make | ||||||
16 | an operable firearm to the respondent; and (iii) will store | ||||||
17 | the firearm, ammunition, and firearm parts that could be | ||||||
18 | assembled to make an operable firearm in a manner that the | ||||||
19 | respondent does not have access to or control of the firearm, | ||||||
20 | ammunition, and firearm parts that could be assembled to make | ||||||
21 | an operable firearm. | ||||||
22 | (j) If the court does not issue a firearms restraining | ||||||
23 | order at the hearing, the court shall dissolve any emergency | ||||||
24 | firearms restraining order then in effect. | ||||||
25 | (k) When the court issues a firearms restraining order | ||||||
26 | under this Section, the court shall inform the respondent that |
| |||||||
| |||||||
1 | he or she is entitled to one hearing during the period of the | ||||||
2 | order to request a termination of the order, under Section 45 | ||||||
3 | of this Act, and shall provide the respondent with a form to | ||||||
4 | request a hearing. | ||||||
5 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
6 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
7 | 5-13-22; 102-1116, eff. 1-10-23.) | ||||||
8 | (430 ILCS 67/45) | ||||||
9 | Sec. 45. Termination and renewal. | ||||||
10 | (a) A person subject to a firearms restraining order | ||||||
11 | issued under this Act may submit one written request at any | ||||||
12 | time during the effective period of the order for a hearing to | ||||||
13 | terminate the order. | ||||||
14 | (1) The respondent shall have the burden of proving by | ||||||
15 | a preponderance of the evidence that the respondent does | ||||||
16 | not pose a danger of causing personal injury to himself, | ||||||
17 | herself, or another in the near future by having in his or | ||||||
18 | her custody or control, purchasing, possessing, or | ||||||
19 | receiving a firearm, ammunition, and firearm parts that | ||||||
20 | could be assembled to make an operable firearm. | ||||||
21 | (2) If the court finds after the hearing that the | ||||||
22 | respondent has met his or her burden, the court shall | ||||||
23 | terminate the order. | ||||||
24 | (b) A petitioner may request a renewal of a firearms | ||||||
25 | restraining order at any time within the 3 months before the |
| |||||||
| |||||||
1 | expiration of a firearms restraining order. | ||||||
2 | (1) A court shall, after notice and a hearing, renew a | ||||||
3 | firearms restraining order issued under this part if the | ||||||
4 | petitioner proves, by clear and convincing evidence, that | ||||||
5 | the respondent continues to pose a danger of causing | ||||||
6 | personal injury to himself, herself, or another in the | ||||||
7 | near future by having in his or her custody or control, | ||||||
8 | purchasing, possessing, or receiving a firearm, | ||||||
9 | ammunition, and firearm parts that could be assembled to | ||||||
10 | make an operable firearm. | ||||||
11 | (2) In determining whether to renew a firearms | ||||||
12 | restraining order issued under this Act, the court shall | ||||||
13 | consider evidence of the facts identified in subsection | ||||||
14 | (e) of Section 40 of this Act and any other evidence of an | ||||||
15 | increased risk for violence. | ||||||
16 | (3) At the hearing, the petitioner shall have the | ||||||
17 | burden of proving by clear and convincing evidence that | ||||||
18 | the respondent continues to pose a danger of causing | ||||||
19 | personal injury to himself, herself, or another in the | ||||||
20 | near future by having in his or her custody or control, | ||||||
21 | purchasing, possessing, or receiving a firearm, | ||||||
22 | ammunition, and firearm parts that could be assembled to | ||||||
23 | make an operable firearm. | ||||||
24 | (4) The renewal of a firearms restraining order issued | ||||||
25 | under this Section shall be in effect for 6 months up to | ||||||
26 | one year and may be renewed for an additional period of up |
| |||||||
| |||||||
1 | to one year , subject to termination by further order of | ||||||
2 | the court at a hearing held under this Section and further | ||||||
3 | renewal by further order of the court under this Section. | ||||||
4 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; | ||||||
5 | 102-1116, eff. 1-10-23.) | ||||||
6 | (430 ILCS 67/55) | ||||||
7 | Sec. 55. Data maintenance by law enforcement agencies. | ||||||
8 | (a) All sheriffs shall furnish to the Illinois State | ||||||
9 | Police, daily, in the form and detail the Illinois State | ||||||
10 | Police requires, copies of any recorded firearms restraining | ||||||
11 | orders issued by the court, and any foreign orders of | ||||||
12 | protection filed by the clerk of the court, and transmitted to | ||||||
13 | the sheriff by the clerk of the court under Section 50. Each | ||||||
14 | firearms restraining order shall be entered in the Law | ||||||
15 | Enforcement Agencies Data System (LEADS) on the same day it is | ||||||
16 | issued by the court. If an emergency firearms restraining | ||||||
17 | order was issued in accordance with Section 35 of this Act, the | ||||||
18 | order shall be entered in the Law Enforcement Agencies Data | ||||||
19 | System (LEADS) as soon as possible after receipt from the | ||||||
20 | clerk. | ||||||
21 | (b) The Illinois State Police shall maintain a complete | ||||||
22 | and systematic record and index of all valid and recorded | ||||||
23 | firearms restraining orders issued or filed under this Act. | ||||||
24 | The data shall be used to inform all dispatchers and law | ||||||
25 | enforcement officers at the scene of a violation of a firearms |
| |||||||
| |||||||
1 | restraining order of the effective dates and terms of any | ||||||
2 | recorded order of protection. | ||||||
3 | (c) The data, records, and transmittals required under | ||||||
4 | this Section shall pertain to any valid emergency or plenary | ||||||
5 | 6-month firearms restraining order, whether issued in a civil | ||||||
6 | or criminal proceeding or authorized under the laws of another | ||||||
7 | state, tribe, or United States territory. | ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
9 | 102-1116, eff. 1-10-23.) | ||||||
10 | Section 25. The Criminal Code of 2012 is amended by | ||||||
11 | changing Section 24-1 as follows: | ||||||
12 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | ||||||
13 | Sec. 24-1. Unlawful use of weapons. | ||||||
14 | (a) A person commits the offense of unlawful use of | ||||||
15 | weapons when he knowingly: | ||||||
16 | (1) Sells, manufactures, purchases, possesses or | ||||||
17 | carries any bludgeon, black-jack, slung-shot, sand-club, | ||||||
18 | sand-bag, metal knuckles or other knuckle weapon | ||||||
19 | regardless of its composition, throwing star, or any | ||||||
20 | knife, commonly referred to as a switchblade knife, which | ||||||
21 | has a blade that opens automatically by hand pressure | ||||||
22 | applied to a button, spring or other device in the handle | ||||||
23 | of the knife, or a ballistic knife, which is a device that | ||||||
24 | propels a knifelike blade as a projectile by means of a |
| |||||||
| |||||||
1 | coil spring, elastic material or compressed gas; or | ||||||
2 | (2) Carries or possesses with intent to use the same | ||||||
3 | unlawfully against another, a dagger, dirk, billy, | ||||||
4 | dangerous knife, razor, stiletto, broken bottle or other | ||||||
5 | piece of glass, stun gun or taser or any other dangerous or | ||||||
6 | deadly weapon or instrument of like character; or | ||||||
7 | (2.5) Carries or possesses with intent to use the same | ||||||
8 | unlawfully against another, any firearm in a church, | ||||||
9 | synagogue, mosque, or other building, structure, or place | ||||||
10 | used for religious worship; or | ||||||
11 | (3) Carries on or about his person or in any vehicle, a | ||||||
12 | tear gas gun projector or bomb or any object containing | ||||||
13 | noxious liquid gas or substance, other than an object | ||||||
14 | containing a non-lethal noxious liquid gas or substance | ||||||
15 | designed solely for personal defense carried by a person | ||||||
16 | 18 years of age or older; or | ||||||
17 | (4) Carries or possesses in any vehicle or concealed | ||||||
18 | on or about his person except when on his land or in his | ||||||
19 | own abode, legal dwelling, or fixed place of business, or | ||||||
20 | on the land or in the legal dwelling of another person as | ||||||
21 | an invitee with that person's permission, any pistol, | ||||||
22 | revolver, stun gun or taser or other firearm, except that | ||||||
23 | this subsection (a) (4) does not apply to or affect | ||||||
24 | transportation of weapons that meet one of the following | ||||||
25 | conditions: | ||||||
26 | (i) are broken down in a non-functioning state; or |
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box, shipping box, or other container by a | ||||||
4 | person who has been issued a currently valid Firearm | ||||||
5 | Owner's Identification Card; or | ||||||
6 | (iv) are carried or possessed in accordance with | ||||||
7 | the Firearm Concealed Carry Act by a person who has | ||||||
8 | been issued a currently valid license under the | ||||||
9 | Firearm Concealed Carry Act; or | ||||||
10 | (5) Sets a spring gun; or | ||||||
11 | (6) Possesses any device or attachment of any kind | ||||||
12 | designed, used or intended for use in silencing the report | ||||||
13 | of any firearm; or | ||||||
14 | (7) Sells, manufactures, purchases, possesses or | ||||||
15 | carries: | ||||||
16 | (i) a machine gun, which shall be defined for the | ||||||
17 | purposes of this subsection as any weapon, which | ||||||
18 | shoots, is designed to shoot, or can be readily | ||||||
19 | restored to shoot, automatically more than one shot | ||||||
20 | without manually reloading by a single function of the | ||||||
21 | trigger, including the frame or receiver of any such | ||||||
22 | weapon, or sells, manufactures, purchases, possesses, | ||||||
23 | or carries any combination of parts designed or | ||||||
24 | intended for use in converting any weapon into a | ||||||
25 | machine gun, or any combination or parts from which a | ||||||
26 | machine gun can be assembled if such parts are in the |
| |||||||
| |||||||
1 | possession or under the control of a person; | ||||||
2 | (ii) any rifle having one or more barrels less | ||||||
3 | than 16 inches in length or a shotgun having one or | ||||||
4 | more barrels less than 18 inches in length or any | ||||||
5 | weapon made from a rifle or shotgun, whether by | ||||||
6 | alteration, modification, or otherwise, if such a | ||||||
7 | weapon as modified has an overall length of less than | ||||||
8 | 26 inches; or | ||||||
9 | (iii) any bomb, bomb-shell, grenade, bottle or | ||||||
10 | other container containing an explosive substance of | ||||||
11 | over one-quarter ounce for like purposes, such as, but | ||||||
12 | not limited to, black powder bombs and Molotov | ||||||
13 | cocktails or artillery projectiles; or | ||||||
14 | (8) Carries or possesses any firearm, stun gun or | ||||||
15 | taser or other deadly weapon in any place which is | ||||||
16 | licensed to sell intoxicating beverages, or at any public | ||||||
17 | gathering held pursuant to a license issued by any | ||||||
18 | governmental body or any public gathering at which an | ||||||
19 | admission is charged, excluding a place where a showing, | ||||||
20 | demonstration or lecture involving the exhibition of | ||||||
21 | unloaded firearms is conducted. | ||||||
22 | This subsection (a)(8) does not apply to any auction | ||||||
23 | or raffle of a firearm held pursuant to a license or permit | ||||||
24 | issued by a governmental body, nor does it apply to | ||||||
25 | persons engaged in firearm safety training courses; or | ||||||
26 | (9) Carries or possesses in a vehicle or on or about |
| |||||||
| |||||||
1 | his or her person any pistol, revolver, stun gun or taser | ||||||
2 | or firearm or ballistic knife, when he or she is hooded, | ||||||
3 | robed or masked in such manner as to conceal his or her | ||||||
4 | identity; or | ||||||
5 | (10) Carries or possesses on or about his or her | ||||||
6 | person, upon any public street, alley, or other public | ||||||
7 | lands within the corporate limits of a city, village, or | ||||||
8 | incorporated town, except when an invitee thereon or | ||||||
9 | therein, for the purpose of the display of such weapon or | ||||||
10 | the lawful commerce in weapons, or except when on his land | ||||||
11 | or in his or her own abode, legal dwelling, or fixed place | ||||||
12 | of business, or on the land or in the legal dwelling of | ||||||
13 | another person as an invitee with that person's | ||||||
14 | permission, any pistol, revolver, stun gun, or taser or | ||||||
15 | other firearm, except that this subsection (a) (10) does | ||||||
16 | not apply to or affect transportation of weapons that meet | ||||||
17 | one of the following conditions: | ||||||
18 | (i) are broken down in a non-functioning state; or | ||||||
19 | (ii) are not immediately accessible; or | ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box, shipping box, or other container by a | ||||||
22 | person who has been issued a currently valid Firearm | ||||||
23 | Owner's Identification Card; or | ||||||
24 | (iv) are carried or possessed in accordance with | ||||||
25 | the Firearm Concealed Carry Act by a person who has | ||||||
26 | been issued a currently valid license under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act. | ||||||
2 | A "stun gun or taser", as used in this paragraph (a) | ||||||
3 | means (i) any device which is powered by electrical | ||||||
4 | charging units, such as, batteries, and which fires one or | ||||||
5 | several barbs attached to a length of wire and which, upon | ||||||
6 | hitting a human, can send out a current capable of | ||||||
7 | disrupting the person's nervous system in such a manner as | ||||||
8 | to render him incapable of normal functioning or (ii) any | ||||||
9 | device which is powered by electrical charging units, such | ||||||
10 | as batteries, and which, upon contact with a human or | ||||||
11 | clothing worn by a human, can send out current capable of | ||||||
12 | disrupting the person's nervous system in such a manner as | ||||||
13 | to render him incapable of normal functioning; or | ||||||
14 | (11) Sells, manufactures, delivers, imports, | ||||||
15 | possesses, or purchases any assault weapon attachment or | ||||||
16 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
17 | any explosive bullet. For purposes of this paragraph (a) | ||||||
18 | "explosive bullet" means the projectile portion of an | ||||||
19 | ammunition cartridge which contains or carries an | ||||||
20 | explosive charge which will explode upon contact with the | ||||||
21 | flesh of a human or an animal. "Cartridge" means a tubular | ||||||
22 | metal case having a projectile affixed at the front | ||||||
23 | thereof and a cap or primer at the rear end thereof, with | ||||||
24 | the propellant contained in such tube between the | ||||||
25 | projectile and the cap; or | ||||||
26 | (12) (Blank); or |
| |||||||
| |||||||
1 | (13) Carries or possesses on or about his or her | ||||||
2 | person while in a building occupied by a unit of | ||||||
3 | government, a billy club, other weapon of like character, | ||||||
4 | or other instrument of like character intended for use as | ||||||
5 | a weapon. For the purposes of this Section, "billy club" | ||||||
6 | means a short stick or club commonly carried by police | ||||||
7 | officers which is either telescopic or constructed of a | ||||||
8 | solid piece of wood or other man-made material ; or | ||||||
9 | (14) Manufactures, possesses, sells, or offers to | ||||||
10 | sell, purchase, manufacture, import, transfer, or use any | ||||||
11 | device, part, kit, tool, accessory, or combination of | ||||||
12 | parts that is designed to and functions to increase the | ||||||
13 | rate of fire of a semiautomatic firearm above the standard | ||||||
14 | rate of fire for semiautomatic firearms that is not | ||||||
15 | equipped with that device, part, or combination of parts; | ||||||
16 | or | ||||||
17 | (15) Carries or possesses any assault weapon or .50 | ||||||
18 | caliber rifle in violation of Section 24-1.9; or | ||||||
19 | (16) Manufactures, sells, delivers, imports, or | ||||||
20 | purchases any assault weapon or .50 caliber rifle in | ||||||
21 | violation of Section 24-1.9 . | ||||||
22 | (b) Sentence. A person convicted of a violation of | ||||||
23 | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | ||||||
24 | subsection 24-1(a)(11), or subsection 24-1(a)(13) , or | ||||||
25 | 24-1(a)(15) commits a Class A misdemeanor. A person convicted | ||||||
26 | of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits |
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1 | a Class 4 felony; a person convicted of a violation of | ||||||
2 | subsection 24-1(a)(6) , or 24-1(a)(7)(ii) , 24-1(a)(7)(iii), or | ||||||
3 | 24-1(a)(16) or (iii) commits a Class 3 felony. A person | ||||||
4 | convicted of a violation of subsection 24-1(a)(7)(i) commits a | ||||||
5 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
6 | of not less than 3 years and not more than 7 years, unless the | ||||||
7 | weapon is possessed in the passenger compartment of a motor | ||||||
8 | vehicle as defined in Section 1-146 of the Illinois Vehicle | ||||||
9 | Code, or on the person, while the weapon is loaded, in which | ||||||
10 | case it shall be a Class X felony. A person convicted of a | ||||||
11 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
12 | 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) , or 24-1(a)(15) commits | ||||||
13 | a Class 3 felony. A person convicted of a violation of | ||||||
14 | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 | ||||||
15 | felony. The possession of each weapon or device in violation | ||||||
16 | of this Section constitutes a single and separate violation. | ||||||
17 | (c) Violations in specific places. | ||||||
18 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7) in any school, regardless of the time of day or | ||||||
20 | the time of year, in residential property owned, operated | ||||||
21 | or managed by a public housing agency or leased by a public | ||||||
22 | housing agency as part of a scattered site or mixed-income | ||||||
23 | development, in a public park, in a courthouse, on the | ||||||
24 | real property comprising any school, regardless of the | ||||||
25 | time of day or the time of year, on residential property | ||||||
26 | owned, operated or managed by a public housing agency or |
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1 | leased by a public housing agency as part of a scattered | ||||||
2 | site or mixed-income development, on the real property | ||||||
3 | comprising any public park, on the real property | ||||||
4 | comprising any courthouse, in any conveyance owned, leased | ||||||
5 | or contracted by a school to transport students to or from | ||||||
6 | school or a school related activity, in any conveyance | ||||||
7 | owned, leased, or contracted by a public transportation | ||||||
8 | agency, or on any public way within 1,000 feet of the real | ||||||
9 | property comprising any school, public park, courthouse, | ||||||
10 | public transportation facility, or residential property | ||||||
11 | owned, operated, or managed by a public housing agency or | ||||||
12 | leased by a public housing agency as part of a scattered | ||||||
13 | site or mixed-income development commits a Class 2 felony | ||||||
14 | and shall be sentenced to a term of imprisonment of not | ||||||
15 | less than 3 years and not more than 7 years. | ||||||
16 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of | ||||||
18 | the time of day or the time of year, in residential | ||||||
19 | property owned, operated, or managed by a public housing | ||||||
20 | agency or leased by a public housing agency as part of a | ||||||
21 | scattered site or mixed-income development, in a public | ||||||
22 | park, in a courthouse, on the real property comprising any | ||||||
23 | school, regardless of the time of day or the time of year, | ||||||
24 | on residential property owned, operated, or managed by a | ||||||
25 | public housing agency or leased by a public housing agency | ||||||
26 | as part of a scattered site or mixed-income development, |
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1 | on the real property comprising any public park, on the | ||||||
2 | real property comprising any courthouse, in any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport | ||||||
4 | students to or from school or a school related activity, | ||||||
5 | in any conveyance owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within 1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse, public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public housing agency or leased by a public housing agency | ||||||
11 | as part of a scattered site or mixed-income development | ||||||
12 | commits a Class 3 felony. | ||||||
13 | (2) A person who violates subsection 24-1(a)(1), | ||||||
14 | 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the | ||||||
15 | time of day or the time of year, in residential property | ||||||
16 | owned, operated or managed by a public housing agency or | ||||||
17 | leased by a public housing agency as part of a scattered | ||||||
18 | site or mixed-income development, in a public park, in a | ||||||
19 | courthouse, on the real property comprising any school, | ||||||
20 | regardless of the time of day or the time of year, on | ||||||
21 | residential property owned, operated or managed by a | ||||||
22 | public housing agency or leased by a public housing agency | ||||||
23 | as part of a scattered site or mixed-income development, | ||||||
24 | on the real property comprising any public park, on the | ||||||
25 | real property comprising any courthouse, in any conveyance | ||||||
26 | owned, leased or contracted by a school to transport |
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1 | students to or from school or a school related activity, | ||||||
2 | in any conveyance owned, leased, or contracted by a public | ||||||
3 | transportation agency, or on any public way within 1,000 | ||||||
4 | feet of the real property comprising any school, public | ||||||
5 | park, courthouse, public transportation facility, or | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered site or mixed-income development | ||||||
9 | commits a Class 4 felony. "Courthouse" means any building | ||||||
10 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
11 | of this State for the conduct of official business. | ||||||
12 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
13 | (c) shall not apply to law enforcement officers or | ||||||
14 | security officers of such school, college, or university | ||||||
15 | or to students carrying or possessing firearms for use in | ||||||
16 | training courses, parades, hunting, target shooting on | ||||||
17 | school ranges, or otherwise with the consent of school | ||||||
18 | authorities and which firearms are transported unloaded | ||||||
19 | enclosed in a suitable case, box, or transportation | ||||||
20 | package. | ||||||
21 | (4) For the purposes of this subsection (c), "school" | ||||||
22 | means any public or private elementary or secondary | ||||||
23 | school, community college, college, or university. | ||||||
24 | (5) For the purposes of this subsection (c), "public | ||||||
25 | transportation agency" means a public or private agency | ||||||
26 | that provides for the transportation or conveyance of |
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1 | persons by means available to the general public, except | ||||||
2 | for transportation by automobiles not used for conveyance | ||||||
3 | of the general public as passengers; and "public | ||||||
4 | transportation facility" means a terminal or other place | ||||||
5 | where one may obtain public transportation. | ||||||
6 | (d) The presence in an automobile other than a public | ||||||
7 | omnibus of any weapon, instrument or substance referred to in | ||||||
8 | subsection (a)(7) is prima facie evidence that it is in the | ||||||
9 | possession of, and is being carried by, all persons occupying | ||||||
10 | such automobile at the time such weapon, instrument or | ||||||
11 | substance is found, except under the following circumstances: | ||||||
12 | (i) if such weapon, instrument or instrumentality is found | ||||||
13 | upon the person of one of the occupants therein; or (ii) if | ||||||
14 | such weapon, instrument or substance is found in an automobile | ||||||
15 | operated for hire by a duly licensed driver in the due, lawful | ||||||
16 | and proper pursuit of his or her trade, then such presumption | ||||||
17 | shall not apply to the driver. | ||||||
18 | (e) Exemptions. | ||||||
19 | (1) Crossbows, Common or Compound bows and Underwater | ||||||
20 | Spearguns are exempted from the definition of ballistic | ||||||
21 | knife as defined in paragraph (1) of subsection (a) of | ||||||
22 | this Section. | ||||||
23 | (2) The provision of paragraph (1) of subsection (a) | ||||||
24 | of this Section prohibiting the sale, manufacture, | ||||||
25 | purchase, possession, or carrying of any knife, commonly | ||||||
26 | referred to as a switchblade knife, which has a blade that |
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1 | opens automatically by hand pressure applied to a button, | ||||||
2 | spring or other device in the handle of the knife, does not | ||||||
3 | apply to a person who possesses a currently valid Firearm | ||||||
4 | Owner's Identification Card previously issued in his or | ||||||
5 | her name by the Illinois State Police or to a person or an | ||||||
6 | entity engaged in the business of selling or manufacturing | ||||||
7 | switchblade knives. | ||||||
8 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
9 | 102-1116, eff. 1-10-23.) | ||||||
10 | (720 ILCS 5/24-1.9 rep.) | ||||||
11 | (720 ILCS 5/24-1.10 rep.) | ||||||
12 | Section 30. The Criminal Code of 2012 is amended by | ||||||
13 | repealing Sections 24-1.9 and 24-1.10. | ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law. |