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1 | AN ACT concerning safety. | |||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||
4 | Section 5. The Illinois State Police Law of the Civil | |||||||||||||||||||||||||||||||
5 | Administrative Code of Illinois is amended by changing | |||||||||||||||||||||||||||||||
6 | Sections 2605-10, 2605-45, 2605-595, and 2605-605 as follows: | |||||||||||||||||||||||||||||||
7 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) | |||||||||||||||||||||||||||||||
8 | Sec. 2605-10. Powers and duties, generally. | |||||||||||||||||||||||||||||||
9 | (a) The Illinois State Police shall exercise the rights, | |||||||||||||||||||||||||||||||
10 | powers, and duties that have been vested in the Illinois State | |||||||||||||||||||||||||||||||
11 | Police by the following: | |||||||||||||||||||||||||||||||
12 | The Illinois State Police Act. | |||||||||||||||||||||||||||||||
13 | The Illinois State Police Radio Act. | |||||||||||||||||||||||||||||||
14 | The Criminal Identification Act. | |||||||||||||||||||||||||||||||
15 | The Illinois Vehicle Code. | |||||||||||||||||||||||||||||||
16 | The Firearm Owners Identification Card Act. | |||||||||||||||||||||||||||||||
17 | The Firearm Concealed Carry Act. | |||||||||||||||||||||||||||||||
18 | The Firearm Dealer License Certification Act. | |||||||||||||||||||||||||||||||
19 | The Intergovernmental Missing Child Recovery Act of | |||||||||||||||||||||||||||||||
20 | 1984. | |||||||||||||||||||||||||||||||
21 | The Intergovernmental Drug Laws Enforcement Act. | |||||||||||||||||||||||||||||||
22 | The Narcotic Control Division Abolition Act. | |||||||||||||||||||||||||||||||
23 | The Illinois Uniform Conviction Information Act. |
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1 | The Murderer and Violent Offender Against Youth | ||||||
2 | Registration Act. | ||||||
3 | (b) The Illinois State Police shall have the powers and | ||||||
4 | duties set forth in the following Sections. | ||||||
5 | (c) The Illinois State Police shall exercise the rights, | ||||||
6 | powers, and duties vested in the Illinois State Police to | ||||||
7 | implement the following protective service functions for State | ||||||
8 | facilities, State officials, and State employees serving in | ||||||
9 | their official capacity: | ||||||
10 | (1) Utilize subject matter expertise and law | ||||||
11 | enforcement authority to strengthen the protection of | ||||||
12 | State government facilities, State employees, State | ||||||
13 | officials, and State critical infrastructure. | ||||||
14 | (2) Coordinate State, federal, and local law | ||||||
15 | enforcement activities involving the protection of State | ||||||
16 | facilities, officials, and employees. | ||||||
17 | (3) Conduct investigations of criminal threats to | ||||||
18 | State facilities, State critical infrastructure, State | ||||||
19 | officials, and State employees. | ||||||
20 | (4) Train State officials and employees in personal | ||||||
21 | protection, crime prevention, facility occupant emergency | ||||||
22 | planning, and incident management. | ||||||
23 | (5) Establish standard protocols for prevention and | ||||||
24 | response to criminal threats to State facilities, State | ||||||
25 | officials, State employees, and State critical | ||||||
26 | infrastructure and standard protocols for reporting of |
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1 | suspicious activities. | ||||||
2 | (6) Establish minimum operational standards, | ||||||
3 | qualifications, training, and compliance requirements for | ||||||
4 | State employees and contractors engaged in the protection | ||||||
5 | of State facilities and employees. | ||||||
6 | (7) At the request of departments or agencies of State | ||||||
7 | government, conduct security assessments, including, but | ||||||
8 | not limited to, examination of alarm systems, cameras | ||||||
9 | systems, access points, personnel readiness, and emergency | ||||||
10 | protocols based on risk and need. | ||||||
11 | (8) Oversee the planning and implementation of | ||||||
12 | security and law enforcement activities necessary for the | ||||||
13 | protection of major, multi-jurisdictional events | ||||||
14 | implicating potential criminal threats to State officials, | ||||||
15 | State employees, or State-owned, State-leased, or | ||||||
16 | State-operated critical infrastructure or facilities. | ||||||
17 | (9) Oversee and direct the planning and implementation | ||||||
18 | of security and law enforcement activities by the | ||||||
19 | departments and agencies of the State necessary for the | ||||||
20 | protection of State employees, State officials, and | ||||||
21 | State-owned, State-leased, or State-operated critical | ||||||
22 | infrastructure or facilities from criminal activity. | ||||||
23 | (10) Advise the Governor and Homeland Security Advisor | ||||||
24 | on any matters necessary for the effective protection of | ||||||
25 | State facilities, critical infrastructure, officials, and | ||||||
26 | employees from criminal threats. |
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1 | (11) Utilize intergovernmental agreements and | ||||||
2 | administrative rules as needed for the effective, | ||||||
3 | efficient implementation of law enforcement and support | ||||||
4 | activities necessary for the protection of State | ||||||
5 | facilities, State infrastructure, State employees, and, | ||||||
6 | upon the express written consent of State constitutional | ||||||
7 | officials, State constitutional officials. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
9 | 103-564, eff. 11-17-23 .) | ||||||
10 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5) | ||||||
11 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
12 | of Justice Services shall provide administrative and technical | ||||||
13 | services and support to the Illinois State Police, criminal | ||||||
14 | justice agencies, and the public and shall exercise the | ||||||
15 | following functions: | ||||||
16 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
17 | Data System (LEADS), a statewide, computerized | ||||||
18 | telecommunications system designed to provide services, | ||||||
19 | information, and capabilities to the law enforcement and | ||||||
20 | criminal justice community in the State of Illinois. The | ||||||
21 | Director is responsible for establishing policy, | ||||||
22 | procedures, and regulations consistent with State and | ||||||
23 | federal rules, policies, and law by which LEADS operates. | ||||||
24 | The Director shall designate a statewide LEADS | ||||||
25 | Administrator for management of the system. The Director |
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1 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
2 | needs and desires of the law enforcement and criminal | ||||||
3 | justice community and to make recommendations concerning | ||||||
4 | policies and procedures. | ||||||
5 | (2) Pursue research and the publication of studies | ||||||
6 | pertaining to local law enforcement activities. | ||||||
7 | (3) Serve as the State's point of contact for the | ||||||
8 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
9 | Program and National Incident-Based Reporting System. | ||||||
10 | (4) Operate an electronic data processing and computer | ||||||
11 | center for the storage and retrieval of data pertaining to | ||||||
12 | criminal activity. | ||||||
13 | (5) Exercise the rights, powers, and duties vested in | ||||||
14 | the Illinois State Police by the Cannabis Regulation and | ||||||
15 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
16 | Program Act. | ||||||
17 | (6) (Blank). | ||||||
18 | (6.5) Exercise the rights, powers, and duties vested | ||||||
19 | in the Illinois State Police by the Firearm Owners | ||||||
20 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
21 | the Firearm Transfer Inquiry Program, and the prohibited | ||||||
22 | persons portal under Section 2605-304 , and the Firearm | ||||||
23 | Dealer License Certification Act . | ||||||
24 | (7) Exercise other duties that may be assigned by the | ||||||
25 | Director to fulfill the responsibilities and achieve the | ||||||
26 | purposes of the Illinois State Police. |
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1 | (8) Exercise the rights, powers, and duties vested by | ||||||
2 | law in the Illinois State Police by the Criminal | ||||||
3 | Identification Act and the Illinois Uniform Conviction | ||||||
4 | Information Act. | ||||||
5 | (9) Exercise the powers and perform the duties that | ||||||
6 | have been vested in the Illinois State Police by the | ||||||
7 | Murderer and Violent Offender Against Youth Registration | ||||||
8 | Act, the Sex Offender Registration Act, and the Sex | ||||||
9 | Offender Community Notification Law and adopt reasonable | ||||||
10 | rules necessitated thereby. | ||||||
11 | (10) Serve as the State central repository for | ||||||
12 | criminal history record information. | ||||||
13 | (11) Share all necessary information with the | ||||||
14 | Concealed Carry Licensing Review Board and the Firearms | ||||||
15 | Owner's Identification Card Review Board necessary for the | ||||||
16 | execution of their duties. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24 .) | ||||||
18 | (20 ILCS 2605/2605-595) | ||||||
19 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
20 | (a) There is created in the State treasury a special fund | ||||||
21 | known as the State Police Firearm Services Fund. The Fund | ||||||
22 | shall receive revenue under the Firearm Concealed Carry Act , | ||||||
23 | the Firearm Dealer License Certification Act, and Section 5 of | ||||||
24 | the Firearm Owners Identification Card Act. The Fund may also | ||||||
25 | receive revenue from grants, pass-through grants, donations, |
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1 | appropriations, and any other legal source. | ||||||
2 | (a-5) (Blank). | ||||||
3 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
4 | finance any of its lawful purposes, mandates, functions, and | ||||||
5 | duties under the Firearm Owners Identification Card Act , the | ||||||
6 | Firearm Dealer License Certification Act, and the Firearm | ||||||
7 | Concealed Carry Act, including the cost of sending notices of | ||||||
8 | expiration of Firearm Owner's Identification Cards, concealed | ||||||
9 | carry licenses, the prompt and efficient processing of | ||||||
10 | applications under the Firearm Owners Identification Card Act | ||||||
11 | and the Firearm Concealed Carry Act, the improved efficiency | ||||||
12 | and reporting of the LEADS and federal NICS law enforcement | ||||||
13 | data systems, and support for investigations required under | ||||||
14 | these Acts and law. Any surplus funds beyond what is needed to | ||||||
15 | comply with the aforementioned purposes shall be used by the | ||||||
16 | Illinois State Police to improve the Law Enforcement Agencies | ||||||
17 | Data System (LEADS) and criminal history background check | ||||||
18 | system. | ||||||
19 | (c) Investment income that is attributable to the | ||||||
20 | investment of moneys in the Fund shall be retained in the Fund | ||||||
21 | for the uses specified in this Section. | ||||||
22 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
23 | 103-363, eff. 7-28-23.) | ||||||
24 | (20 ILCS 2605/2605-605) | ||||||
25 | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
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1 | Director of the Illinois State Police shall establish a | ||||||
2 | statewide multi-jurisdictional Violent Crime Intelligence Task | ||||||
3 | Force led by the Illinois State Police dedicated to combating | ||||||
4 | gun violence, gun-trafficking, and other violent crime with | ||||||
5 | the primary mission of preservation of life and reducing the | ||||||
6 | occurrence and the fear of crime. The objectives of the Task | ||||||
7 | Force shall include, but not be limited to, reducing and | ||||||
8 | preventing illegal possession and use of firearms, | ||||||
9 | firearm-related homicides, and other violent crimes, and | ||||||
10 | solving firearm-related crimes. | ||||||
11 | (1) The Task Force may develop and acquire information, | ||||||
12 | training, tools, and resources necessary to implement a | ||||||
13 | data-driven approach to policing, with an emphasis on | ||||||
14 | intelligence development. | ||||||
15 | (2) The Task Force may utilize information sharing, | ||||||
16 | partnerships, crime analysis, and evidence-based practices to | ||||||
17 | assist in the reduction of firearm-related shootings, | ||||||
18 | homicides, and gun-trafficking, including, but not limited to, | ||||||
19 | ballistic data, eTrace data, DNA evidence, latent | ||||||
20 | fingerprints, firearm training data, and National Integrated | ||||||
21 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
22 | design a model crime gun intelligence strategy which may | ||||||
23 | include, but is not limited to, comprehensive collection and | ||||||
24 | documentation of all ballistic evidence, timely transfer of | ||||||
25 | NIBIN and eTrace leads to an intelligence center, which may | ||||||
26 | include the Division of Criminal Investigation of the Illinois |
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1 | State Police, timely dissemination of intelligence to | ||||||
2 | investigators, investigative follow-up, and coordinated | ||||||
3 | prosecution. | ||||||
4 | (3) The Task Force may recognize and utilize best | ||||||
5 | practices of community policing and may develop potential | ||||||
6 | partnerships with faith-based and community organizations to | ||||||
7 | achieve its goals. | ||||||
8 | (4) The Task Force may identify and utilize best practices | ||||||
9 | in drug-diversion programs and other community-based services | ||||||
10 | to redirect low-level offenders. | ||||||
11 | (5) The Task Force may assist in violence suppression | ||||||
12 | strategies including, but not limited to, details in | ||||||
13 | identified locations that have shown to be the most prone to | ||||||
14 | gun violence and violent crime, focused deterrence against | ||||||
15 | violent gangs and groups considered responsible for the | ||||||
16 | violence in communities, and other intelligence driven methods | ||||||
17 | deemed necessary to interrupt cycles of violence or prevent | ||||||
18 | retaliation. | ||||||
19 | (6) In consultation with the Chief Procurement Officer, | ||||||
20 | the Illinois State Police may obtain contracts for software, | ||||||
21 | commodities, resources, and equipment to assist the Task Force | ||||||
22 | with achieving this Act. Any contracts necessary to support | ||||||
23 | the delivery of necessary software, commodities, resources, | ||||||
24 | and equipment are not subject to the Illinois Procurement | ||||||
25 | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and | ||||||
26 | Article 50 of that Code, provided that the Chief Procurement |
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1 | Officer may, in writing with justification, waive any | ||||||
2 | certification required under Article 50 of the Illinois | ||||||
3 | Procurement Code. | ||||||
4 | (7) The Task Force shall conduct enforcement operations | ||||||
5 | against persons whose Firearm Owner's Identification Cards | ||||||
6 | have been revoked or suspended and persons who fail to comply | ||||||
7 | with the requirements of Section 9.5 of the Firearm Owners | ||||||
8 | Identification Card Act, prioritizing individuals presenting a | ||||||
9 | clear and present danger to themselves or to others under | ||||||
10 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm | ||||||
11 | Owners Identification Card Act. | ||||||
12 | (8) The Task Force shall collaborate with local law | ||||||
13 | enforcement agencies to enforce provisions of the Firearm | ||||||
14 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
15 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
16 | 24 of the Criminal Code of 2012. | ||||||
17 | (9) To implement this Section, the Director of the | ||||||
18 | Illinois State Police may establish intergovernmental | ||||||
19 | agreements with law enforcement agencies in accordance with | ||||||
20 | the Intergovernmental Cooperation Act. | ||||||
21 | (10) Law enforcement agencies that participate in | ||||||
22 | activities described in paragraphs (7) through (9) may apply | ||||||
23 | to the Illinois State Police for grants from the State Police | ||||||
24 | Revocation Enforcement Fund. | ||||||
25 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
26 | 102-813, eff. 5-13-22.) |
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1 | Section 10. The Illinois Procurement Code is amended by | ||||||
2 | changing Section 1-10 as follows: | ||||||
3 | (30 ILCS 500/1-10) | ||||||
4 | Sec. 1-10. Application. | ||||||
5 | (a) This Code applies only to procurements for which | ||||||
6 | bidders, offerors, potential contractors, or contractors were | ||||||
7 | first solicited on or after July 1, 1998. This Code shall not | ||||||
8 | be construed to affect or impair any contract, or any | ||||||
9 | provision of a contract, entered into based on a solicitation | ||||||
10 | prior to the implementation date of this Code as described in | ||||||
11 | Article 99, including, but not limited to, any covenant | ||||||
12 | entered into with respect to any revenue bonds or similar | ||||||
13 | instruments. All procurements for which contracts are | ||||||
14 | solicited between the effective date of Articles 50 and 99 and | ||||||
15 | July 1, 1998 shall be substantially in accordance with this | ||||||
16 | Code and its intent. | ||||||
17 | (b) This Code shall apply regardless of the source of the | ||||||
18 | funds with which the contracts are paid, including federal | ||||||
19 | assistance moneys. This Code shall not apply to: | ||||||
20 | (1) Contracts between the State and its political | ||||||
21 | subdivisions or other governments, or between State | ||||||
22 | governmental bodies, except as specifically provided in | ||||||
23 | this Code. | ||||||
24 | (2) Grants, except for the filing requirements of |
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1 | Section 20-80. | ||||||
2 | (3) Purchase of care, except as provided in Section | ||||||
3 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
4 | (4) Hiring of an individual as an employee and not as | ||||||
5 | an independent contractor, whether pursuant to an | ||||||
6 | employment code or policy or by contract directly with | ||||||
7 | that individual. | ||||||
8 | (5) Collective bargaining contracts. | ||||||
9 | (6) Purchase of real estate, except that notice of | ||||||
10 | this type of contract with a value of more than $25,000 | ||||||
11 | must be published in the Procurement Bulletin within 10 | ||||||
12 | calendar days after the deed is recorded in the county of | ||||||
13 | jurisdiction. The notice shall identify the real estate | ||||||
14 | purchased, the names of all parties to the contract, the | ||||||
15 | value of the contract, and the effective date of the | ||||||
16 | contract. | ||||||
17 | (7) Contracts necessary to prepare for anticipated | ||||||
18 | litigation, enforcement actions, or investigations, | ||||||
19 | provided that the chief legal counsel to the Governor | ||||||
20 | shall give his or her prior approval when the procuring | ||||||
21 | agency is one subject to the jurisdiction of the Governor, | ||||||
22 | and provided that the chief legal counsel of any other | ||||||
23 | procuring entity subject to this Code shall give his or | ||||||
24 | her prior approval when the procuring entity is not one | ||||||
25 | subject to the jurisdiction of the Governor. | ||||||
26 | (8) (Blank). |
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1 | (9) Procurement expenditures by the Illinois | ||||||
2 | Conservation Foundation when only private funds are used. | ||||||
3 | (10) (Blank). | ||||||
4 | (11) Public-private agreements entered into according | ||||||
5 | to the procurement requirements of Section 20 of the | ||||||
6 | Public-Private Partnerships for Transportation Act and | ||||||
7 | design-build agreements entered into according to the | ||||||
8 | procurement requirements of Section 25 of the | ||||||
9 | Public-Private Partnerships for Transportation Act. | ||||||
10 | (12) (A) Contracts for legal, financial, and other | ||||||
11 | professional and artistic services entered into by the | ||||||
12 | Illinois Finance Authority in which the State of Illinois | ||||||
13 | is not obligated. Such contracts shall be awarded through | ||||||
14 | a competitive process authorized by the members of the | ||||||
15 | Illinois Finance Authority and are subject to Sections | ||||||
16 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
17 | as well as the final approval by the members of the | ||||||
18 | Illinois Finance Authority of the terms of the contract. | ||||||
19 | (B) Contracts for legal and financial services entered | ||||||
20 | into by the Illinois Housing Development Authority in | ||||||
21 | connection with the issuance of bonds in which the State | ||||||
22 | of Illinois is not obligated. Such contracts shall be | ||||||
23 | awarded through a competitive process authorized by the | ||||||
24 | members of the Illinois Housing Development Authority and | ||||||
25 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
26 | and 50-37 of this Code, as well as the final approval by |
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1 | the members of the Illinois Housing Development Authority | ||||||
2 | of the terms of the contract. | ||||||
3 | (13) Contracts for services, commodities, and | ||||||
4 | equipment to support the delivery of timely forensic | ||||||
5 | science services in consultation with and subject to the | ||||||
6 | approval of the Chief Procurement Officer as provided in | ||||||
7 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
8 | Corrections, except for the requirements of Sections | ||||||
9 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
10 | Code; however, the Chief Procurement Officer may, in | ||||||
11 | writing with justification, waive any certification | ||||||
12 | required under Article 50 of this Code. For any contracts | ||||||
13 | for services which are currently provided by members of a | ||||||
14 | collective bargaining agreement, the applicable terms of | ||||||
15 | the collective bargaining agreement concerning | ||||||
16 | subcontracting shall be followed. | ||||||
17 | On and after January 1, 2019, this paragraph (13), | ||||||
18 | except for this sentence, is inoperative. | ||||||
19 | (14) Contracts for participation expenditures required | ||||||
20 | by a domestic or international trade show or exhibition of | ||||||
21 | an exhibitor, member, or sponsor. | ||||||
22 | (15) Contracts with a railroad or utility that | ||||||
23 | requires the State to reimburse the railroad or utilities | ||||||
24 | for the relocation of utilities for construction or other | ||||||
25 | public purpose. Contracts included within this paragraph | ||||||
26 | (15) shall include, but not be limited to, those |
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1 | associated with: relocations, crossings, installations, | ||||||
2 | and maintenance. For the purposes of this paragraph (15), | ||||||
3 | "railroad" means any form of non-highway ground | ||||||
4 | transportation that runs on rails or electromagnetic | ||||||
5 | guideways and "utility" means: (1) public utilities as | ||||||
6 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
7 | telecommunications carriers as defined in Section 13-202 | ||||||
8 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
9 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
10 | telephone or telecommunications cooperatives as defined in | ||||||
11 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
12 | water or waste water systems with 10,000 connections or | ||||||
13 | less, (6) a holder as defined in Section 21-201 of the | ||||||
14 | Public Utilities Act, and (7) municipalities owning or | ||||||
15 | operating utility systems consisting of public utilities | ||||||
16 | as that term is defined in Section 11-117-2 of the | ||||||
17 | Illinois Municipal Code. | ||||||
18 | (16) Procurement expenditures necessary for the | ||||||
19 | Department of Public Health to provide the delivery of | ||||||
20 | timely newborn screening services in accordance with the | ||||||
21 | Newborn Metabolic Screening Act. | ||||||
22 | (17) Procurement expenditures necessary for the | ||||||
23 | Department of Agriculture, the Department of Financial and | ||||||
24 | Professional Regulation, the Department of Human Services, | ||||||
25 | and the Department of Public Health to implement the | ||||||
26 | Compassionate Use of Medical Cannabis Program and Opioid |
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1 | Alternative Pilot Program requirements and ensure access | ||||||
2 | to medical cannabis for patients with debilitating medical | ||||||
3 | conditions in accordance with the Compassionate Use of | ||||||
4 | Medical Cannabis Program Act. | ||||||
5 | (18) This Code does not apply to any procurements | ||||||
6 | necessary for the Department of Agriculture, the | ||||||
7 | Department of Financial and Professional Regulation, the | ||||||
8 | Department of Human Services, the Department of Commerce | ||||||
9 | and Economic Opportunity, and the Department of Public | ||||||
10 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
11 | the applicable agency has made a good faith determination | ||||||
12 | that it is necessary and appropriate for the expenditure | ||||||
13 | to fall within this exemption and if the process is | ||||||
14 | conducted in a manner substantially in accordance with the | ||||||
15 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
16 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
17 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
18 | Section 50-35, compliance applies only to contracts or | ||||||
19 | subcontracts over $100,000. Notice of each contract | ||||||
20 | entered into under this paragraph (18) that is related to | ||||||
21 | the procurement of goods and services identified in | ||||||
22 | paragraph (1) through (9) of this subsection shall be | ||||||
23 | published in the Procurement Bulletin within 14 calendar | ||||||
24 | days after contract execution. The Chief Procurement | ||||||
25 | Officer shall prescribe the form and content of the | ||||||
26 | notice. Each agency shall provide the Chief Procurement |
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1 | Officer, on a monthly basis, in the form and content | ||||||
2 | prescribed by the Chief Procurement Officer, a report of | ||||||
3 | contracts that are related to the procurement of goods and | ||||||
4 | services identified in this subsection. At a minimum, this | ||||||
5 | report shall include the name of the contractor, a | ||||||
6 | description of the supply or service provided, the total | ||||||
7 | amount of the contract, the term of the contract, and the | ||||||
8 | exception to this Code utilized. A copy of any or all of | ||||||
9 | these contracts shall be made available to the Chief | ||||||
10 | Procurement Officer immediately upon request. The Chief | ||||||
11 | Procurement Officer shall submit a report to the Governor | ||||||
12 | and General Assembly no later than November 1 of each year | ||||||
13 | that includes, at a minimum, an annual summary of the | ||||||
14 | monthly information reported to the Chief Procurement | ||||||
15 | Officer. This exemption becomes inoperative 5 years after | ||||||
16 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
17 | (19) Acquisition of modifications or adjustments, | ||||||
18 | limited to assistive technology devices and assistive | ||||||
19 | technology services, adaptive equipment, repairs, and | ||||||
20 | replacement parts to provide reasonable accommodations (i) | ||||||
21 | that enable a qualified applicant with a disability to | ||||||
22 | complete the job application process and be considered for | ||||||
23 | the position such qualified applicant desires, (ii) that | ||||||
24 | modify or adjust the work environment to enable a | ||||||
25 | qualified current employee with a disability to perform | ||||||
26 | the essential functions of the position held by that |
| |||||||
| |||||||
1 | employee, (iii) to enable a qualified current employee | ||||||
2 | with a disability to enjoy equal benefits and privileges | ||||||
3 | of employment as are enjoyed by other similarly situated | ||||||
4 | employees without disabilities, and (iv) that allow a | ||||||
5 | customer, client, claimant, or member of the public | ||||||
6 | seeking State services full use and enjoyment of and | ||||||
7 | access to its programs, services, or benefits. | ||||||
8 | For purposes of this paragraph (19): | ||||||
9 | "Assistive technology devices" means any item, piece | ||||||
10 | of equipment, or product system, whether acquired | ||||||
11 | commercially off the shelf, modified, or customized, that | ||||||
12 | is used to increase, maintain, or improve functional | ||||||
13 | capabilities of individuals with disabilities. | ||||||
14 | "Assistive technology services" means any service that | ||||||
15 | directly assists an individual with a disability in | ||||||
16 | selection, acquisition, or use of an assistive technology | ||||||
17 | device. | ||||||
18 | "Qualified" has the same meaning and use as provided | ||||||
19 | under the federal Americans with Disabilities Act when | ||||||
20 | describing an individual with a disability. | ||||||
21 | (20) Procurement expenditures necessary for the | ||||||
22 | Illinois Commerce Commission to hire third-party | ||||||
23 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
24 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
25 | Section 16-107.5 of the Public Utilities Act, a | ||||||
26 | facilitator pursuant to Section 16-105.17 of the Public |
| |||||||
| |||||||
1 | Utilities Act, or a grid auditor pursuant to Section | ||||||
2 | 16-105.10 of the Public Utilities Act. | ||||||
3 | (21) Procurement expenditures for the purchase, | ||||||
4 | renewal, and expansion of software, software licenses, or | ||||||
5 | software maintenance agreements that support the efforts | ||||||
6 | of the Illinois State Police to enforce, regulate, and | ||||||
7 | administer the Firearm Owners Identification Card Act, the | ||||||
8 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
9 | Order Act, the Firearm Dealer License Certification Act, | ||||||
10 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
11 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
12 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
13 | the Gun Trafficking Information Act, or establish or | ||||||
14 | maintain record management systems necessary to conduct | ||||||
15 | human trafficking investigations or gun trafficking or | ||||||
16 | other stolen firearm investigations. This paragraph (21) | ||||||
17 | applies to contracts entered into on or after January 10, | ||||||
18 | 2023 (the effective date of Public Act 102-1116) and the | ||||||
19 | renewal of contracts that are in effect on January 10, | ||||||
20 | 2023 (the effective date of Public Act 102-1116). | ||||||
21 | (22) Contracts for project management services and | ||||||
22 | system integration services required for the completion of | ||||||
23 | the State's enterprise resource planning project. This | ||||||
24 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
25 | (the effective date of the changes made to this Section by | ||||||
26 | Public Act 103-8). This paragraph (22) applies to |
| |||||||
| |||||||
1 | contracts entered into on or after June 7, 2023 (the | ||||||
2 | effective date of the changes made to this Section by | ||||||
3 | Public Act 103-8) and the renewal of contracts that are in | ||||||
4 | effect on June 7, 2023 (the effective date of the changes | ||||||
5 | made to this Section by Public Act 103-8). | ||||||
6 | (23) Procurements necessary for the Department of | ||||||
7 | Insurance to implement the Illinois Health Benefits | ||||||
8 | Exchange Law if the Department of Insurance has made a | ||||||
9 | good faith determination that it is necessary and | ||||||
10 | appropriate for the expenditure to fall within this | ||||||
11 | exemption. The procurement process shall be conducted in a | ||||||
12 | manner substantially in accordance with the requirements | ||||||
13 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
14 | copy of these contracts shall be made available to the | ||||||
15 | Chief Procurement Officer immediately upon request. This | ||||||
16 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
17 | effective date of Public Act 103-103). | ||||||
18 | (24) (22) Contracts for public education programming, | ||||||
19 | noncommercial sustaining announcements, public service | ||||||
20 | announcements, and public awareness and education | ||||||
21 | messaging with the nonprofit trade associations of the | ||||||
22 | providers of those services that inform the public on | ||||||
23 | immediate and ongoing health and safety risks and hazards. | ||||||
24 | Notwithstanding any other provision of law, for contracts | ||||||
25 | with an annual value of more than $100,000 entered into on or | ||||||
26 | after October 1, 2017 under an exemption provided in any |
| |||||||
| |||||||
1 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
2 | or (5), each State agency shall post to the appropriate | ||||||
3 | procurement bulletin the name of the contractor, a description | ||||||
4 | of the supply or service provided, the total amount of the | ||||||
5 | contract, the term of the contract, and the exception to the | ||||||
6 | Code utilized. The chief procurement officer shall submit a | ||||||
7 | report to the Governor and General Assembly no later than | ||||||
8 | November 1 of each year that shall include, at a minimum, an | ||||||
9 | annual summary of the monthly information reported to the | ||||||
10 | chief procurement officer. | ||||||
11 | (c) This Code does not apply to the electric power | ||||||
12 | procurement process provided for under Section 1-75 of the | ||||||
13 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
14 | Utilities Act. This Code does not apply to the procurement of | ||||||
15 | technical and policy experts pursuant to Section 1-129 of the | ||||||
16 | Illinois Power Agency Act. | ||||||
17 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
18 | and as expressly required by Section 9.1 of the Illinois | ||||||
19 | Lottery Law, the provisions of this Code do not apply to the | ||||||
20 | procurement process provided for under Section 9.1 of the | ||||||
21 | Illinois Lottery Law. | ||||||
22 | (e) This Code does not apply to the process used by the | ||||||
23 | Capital Development Board to retain a person or entity to | ||||||
24 | assist the Capital Development Board with its duties related | ||||||
25 | to the determination of costs of a clean coal SNG brownfield | ||||||
26 | facility, as defined by Section 1-10 of the Illinois Power |
| |||||||
| |||||||
1 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
2 | of the Public Utilities Act, including calculating the range | ||||||
3 | of capital costs, the range of operating and maintenance | ||||||
4 | costs, or the sequestration costs or monitoring the | ||||||
5 | construction of clean coal SNG brownfield facility for the | ||||||
6 | full duration of construction. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) (Blank). | ||||||
9 | (h) This Code does not apply to the process to procure or | ||||||
10 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
11 | 11-5.3 of the Illinois Public Aid Code. | ||||||
12 | (i) Each chief procurement officer may access records | ||||||
13 | necessary to review whether a contract, purchase, or other | ||||||
14 | expenditure is or is not subject to the provisions of this | ||||||
15 | Code, unless such records would be subject to attorney-client | ||||||
16 | privilege. | ||||||
17 | (j) This Code does not apply to the process used by the | ||||||
18 | Capital Development Board to retain an artist or work or works | ||||||
19 | of art as required in Section 14 of the Capital Development | ||||||
20 | Board Act. | ||||||
21 | (k) This Code does not apply to the process to procure | ||||||
22 | contracts, or contracts entered into, by the State Board of | ||||||
23 | Elections or the State Electoral Board for hearing officers | ||||||
24 | appointed pursuant to the Election Code. | ||||||
25 | (l) This Code does not apply to the processes used by the | ||||||
26 | Illinois Student Assistance Commission to procure supplies and |
| |||||||
| |||||||
1 | services paid for from the private funds of the Illinois | ||||||
2 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
3 | funds" means funds derived from deposits paid into the | ||||||
4 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
5 | (m) This Code shall apply regardless of the source of | ||||||
6 | funds with which contracts are paid, including federal | ||||||
7 | assistance moneys. Except as specifically provided in this | ||||||
8 | Code, this Code shall not apply to procurement expenditures | ||||||
9 | necessary for the Department of Public Health to conduct the | ||||||
10 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
11 | the Department of Public Health Powers and Duties Law of the | ||||||
12 | Civil Administrative Code of Illinois. | ||||||
13 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
14 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
15 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
16 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
17 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||||||
18 | 1-2-24.) | ||||||
19 | (430 ILCS 68/Act rep.) | ||||||
20 | Section 15. The Firearm Dealer License Certification Act | ||||||
21 | is repealed. | ||||||
22 | Section 20. The Criminal Code of 2012 is amended by | ||||||
23 | changing Section 24-5.1 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 5/24-5.1) | ||||||
2 | Sec. 24-5.1. Serialization of unfinished frames or | ||||||
3 | receivers; prohibition on unserialized firearms; exceptions; | ||||||
4 | penalties. | ||||||
5 | (a) In this Section: | ||||||
6 | "Bona fide supplier" means an established business entity | ||||||
7 | engaged in the development and sale of firearms parts to one or | ||||||
8 | more federal firearms manufacturers or federal firearms | ||||||
9 | importers. | ||||||
10 | "Federal firearms dealer" means a licensed manufacturer | ||||||
11 | pursuant to 18 U.S.C. 921(a)(11). | ||||||
12 | "Federal firearms importer" means a licensed importer | ||||||
13 | pursuant to 18 U.S.C. 921(a)(9). | ||||||
14 | "Federal firearms manufacturer" means a licensed | ||||||
15 | manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||||||
16 | "Frame or receiver" means a part of a firearm that, when | ||||||
17 | the complete weapon is assembled, is visible from the exterior | ||||||
18 | and provides housing or a structure designed to hold or | ||||||
19 | integrate one or more fire control components, even if pins or | ||||||
20 | other attachments are required to connect those components to | ||||||
21 | the housing or structure. For models of firearms in which | ||||||
22 | multiple parts provide such housing or structure, the part or | ||||||
23 | parts that the Director of the federal Bureau of Alcohol, | ||||||
24 | Tobacco, Firearms and Explosives has determined are a frame or | ||||||
25 | receiver constitute the frame or receiver. For purposes of | ||||||
26 | this definition, "fire control component" means a component |
| |||||||
| |||||||
1 | necessary for the firearm to initiate, complete, or continue | ||||||
2 | the firing sequence, including any of the following: hammer, | ||||||
3 | bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||||||
4 | firing pin, striker, or slide rails. | ||||||
5 | "Security exemplar" means an object to be fabricated at | ||||||
6 | the direction of the United States Attorney General that is | ||||||
7 | (1) constructed of 3.7 ounces of material type 17-4 PH | ||||||
8 | stainless steel in a shape resembling a handgun and (2) | ||||||
9 | suitable for testing and calibrating metal detectors. | ||||||
10 | "Three-dimensional printer" means a computer or | ||||||
11 | computer-drive machine capable of producing a | ||||||
12 | three-dimensional object from a digital model. | ||||||
13 | "Undetectable firearm" means (1) a firearm constructed | ||||||
14 | entirely of non-metal substances; (2) a firearm that, after | ||||||
15 | removal of all parts but the major components of the firearm, | ||||||
16 | is not detectable by walk-through metal detectors calibrated | ||||||
17 | and operated to detect the security exemplar; or (3) a firearm | ||||||
18 | that includes a major component of a firearm, which, if | ||||||
19 | subject to the types of detection devices commonly used at | ||||||
20 | airports for security screening, would not generate an image | ||||||
21 | that accurately depicts the shape of the component. | ||||||
22 | "Undetectable firearm" does not include a firearm subject to | ||||||
23 | the provisions of 18 U.S.C. 922(p)(3) through (6). | ||||||
24 | "Unfinished frame or receiver" means any forging, casting, | ||||||
25 | printing, extrusion, machined body, or similar article that: | ||||||
26 | (1) has reached a stage in manufacture where it may |
| |||||||
| |||||||
1 | readily be completed, assembled, or converted to be a | ||||||
2 | functional firearm; or | ||||||
3 | (2) is marketed or sold to the public to become or be | ||||||
4 | used as the frame or receiver of a functional firearm once | ||||||
5 | completed, assembled, or converted. | ||||||
6 | "Unserialized" means lacking a serial number imprinted by: | ||||||
7 | (1) a federal firearms manufacturer, federal firearms | ||||||
8 | importer, federal firearms dealer, or other federal | ||||||
9 | licensee authorized to provide marking services, pursuant | ||||||
10 | to a requirement under federal law; or | ||||||
11 | (2) a federal firearms dealer or other federal | ||||||
12 | licensee authorized to provide marking services pursuant | ||||||
13 | to subsection (f) of this Section. | ||||||
14 | (b) It is unlawful for any person to knowingly sell, offer | ||||||
15 | to sell, or transfer an unserialized unfinished frame or | ||||||
16 | receiver or unserialized firearm, including those produced | ||||||
17 | using a three-dimensional printer, unless the party purchasing | ||||||
18 | or receiving the unfinished frame or receiver or unserialized | ||||||
19 | firearm is a federal firearms importer, federal firearms | ||||||
20 | manufacturer, or federal firearms dealer. | ||||||
21 | (c) Beginning 180 days after May 18, 2022 ( the effective | ||||||
22 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
23 | General Assembly , it is unlawful for any person to knowingly | ||||||
24 | possess, transport, or receive an unfinished frame or | ||||||
25 | receiver, unless: | ||||||
26 | (1) the party possessing or receiving the unfinished |
| |||||||
| |||||||
1 | frame or receiver is a federal firearms importer or | ||||||
2 | federal firearms manufacturer; | ||||||
3 | (2) the unfinished frame or receiver is possessed or | ||||||
4 | transported by a person for transfer to a federal firearms | ||||||
5 | importer or federal firearms manufacturer; or | ||||||
6 | (3) the unfinished frame or receiver has been | ||||||
7 | imprinted with a serial number issued by a federal | ||||||
8 | firearms importer or federal firearms manufacturer in | ||||||
9 | compliance with subsection (f) of this Section. | ||||||
10 | (d) Beginning 180 days after May 18, 2022 ( the effective | ||||||
11 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
12 | General Assembly , unless the party receiving the firearm is a | ||||||
13 | federal firearms importer or federal firearms manufacturer, it | ||||||
14 | is unlawful for any person to knowingly possess, purchase, | ||||||
15 | transport, or receive a firearm that is not imprinted with a | ||||||
16 | serial number by (1) a federal firearms importer or federal | ||||||
17 | firearms manufacturer in compliance with all federal laws and | ||||||
18 | regulations regulating the manufacture and import of firearms | ||||||
19 | or (2) a federal firearms manufacturer, federal firearms | ||||||
20 | dealer, or other federal licensee authorized to provide | ||||||
21 | marking services in compliance with the unserialized firearm | ||||||
22 | serialization process under subsection (f) of this Section. | ||||||
23 | (e) Any firearm or unfinished frame or receiver | ||||||
24 | manufactured using a three-dimensional printer must also be | ||||||
25 | serialized in accordance with the requirements of subsection | ||||||
26 | (f) within 30 days after May 18, 2022 ( the effective date of |
| |||||||
| |||||||
1 | Public Act 102-889) this amendatory Act of the 102nd General | ||||||
2 | Assembly , or prior to reaching a stage of manufacture where it | ||||||
3 | may be readily completed, assembled, or converted to be a | ||||||
4 | functional firearm. | ||||||
5 | (f) Unserialized unfinished frames or receivers and | ||||||
6 | unserialized firearms serialized pursuant to this Section | ||||||
7 | shall be serialized in compliance with all of the following: | ||||||
8 | (1) An unserialized unfinished frame or receiver and | ||||||
9 | unserialized firearm shall be serialized by a federally | ||||||
10 | licensed firearms dealer or other federal licensee | ||||||
11 | authorized to provide marking services with the licensee's | ||||||
12 | abbreviated federal firearms license number as a prefix | ||||||
13 | (which is the first 3 and last 5 digits) followed by a | ||||||
14 | hyphen, and then followed by a number as a suffix, such as | ||||||
15 | 12345678-(number). The serial number or numbers must be | ||||||
16 | placed in a manner that accords with the requirements | ||||||
17 | under federal law for affixing serial numbers to firearms, | ||||||
18 | including the requirements that the serial number or | ||||||
19 | numbers be at the minimum size and depth, and not | ||||||
20 | susceptible to being readily obliterated, altered, or | ||||||
21 | removed, and the licensee must retain records that accord | ||||||
22 | with the requirements under federal law in the case of the | ||||||
23 | sale of a firearm. The imprinting of any serial number | ||||||
24 | upon an a undetectable firearm must be done on a steel | ||||||
25 | plaque in compliance with 18 U.S.C. 922(p). | ||||||
26 | (2) Every federally licensed firearms dealer or other |
| |||||||
| |||||||
1 | federal licensee that engraves, casts, stamps, or | ||||||
2 | otherwise conspicuously and permanently places a unique | ||||||
3 | serial number pursuant to this Section shall maintain a | ||||||
4 | record of such indefinitely. Licensees subject to the | ||||||
5 | Firearm Dealer License Certification Act shall make all | ||||||
6 | records accessible for inspection upon the request of the | ||||||
7 | Illinois State Police or a law enforcement agency in | ||||||
8 | accordance with Section 5-35 of the Firearm Dealer License | ||||||
9 | Certification Act. | ||||||
10 | (3) Every federally licensed firearms dealer or other | ||||||
11 | federal licensee that engraves, casts, stamps, or | ||||||
12 | otherwise conspicuously and permanently places a unique | ||||||
13 | serial number pursuant to this Section shall record it at | ||||||
14 | the time of every transaction involving the transfer of a | ||||||
15 | firearm, rifle, shotgun, finished frame or receiver, or | ||||||
16 | unfinished frame or receiver that has been so marked in | ||||||
17 | compliance with the federal guidelines set forth in 27 CFR | ||||||
18 | 478.124. | ||||||
19 | (4) Every federally licensed firearms dealer or other | ||||||
20 | federal licensee that engraves, casts, stamps, or | ||||||
21 | otherwise conspicuously and permanently places a unique | ||||||
22 | serial number pursuant to this Section shall review and | ||||||
23 | confirm the validity of the owner's Firearm Owner's | ||||||
24 | Identification Card issued under the Firearm Owners | ||||||
25 | Identification Card Act prior to returning the firearm to | ||||||
26 | the owner. |
| |||||||
| |||||||
1 | (g) Within 30 days after May 18, 2022 ( the effective date | ||||||
2 | of Public Act 102-889) this amendatory Act of the 102nd | ||||||
3 | General Assembly , the Director of the Illinois State Police | ||||||
4 | shall issue a public notice regarding the provisions of this | ||||||
5 | Section. The notice shall include posting on the Illinois | ||||||
6 | State Police website and may include written notification or | ||||||
7 | any other means of communication statewide to all | ||||||
8 | Illinois-based federal firearms manufacturers, federal | ||||||
9 | firearms dealers, or other federal licensees authorized to | ||||||
10 | provide marking services in compliance with the serialization | ||||||
11 | process in subsection (f) in order to educate the public. | ||||||
12 | (h) Exceptions. This Section does not apply to an | ||||||
13 | unserialized unfinished frame or receiver or an unserialized | ||||||
14 | firearm that: | ||||||
15 | (1) has been rendered permanently inoperable; | ||||||
16 | (2) is an antique firearm, as defined in 18 U.S.C. | ||||||
17 | 921(a)(16); | ||||||
18 | (3) was manufactured prior to October 22, 1968; | ||||||
19 | (4) is an unfinished frame or receiver and is | ||||||
20 | possessed by a bona fide supplier exclusively for transfer | ||||||
21 | to a federal firearms manufacturer or federal firearms | ||||||
22 | importer, or is possessed by a federal firearms | ||||||
23 | manufacturer or federal firearms importer in compliance | ||||||
24 | with all federal laws and regulations regulating the | ||||||
25 | manufacture and import of firearms; except this exemption | ||||||
26 | does not apply if an unfinished frame or receiver is |
| |||||||
| |||||||
1 | possessed for transfer or is transferred to a person other | ||||||
2 | than a federal firearms manufacturer or federal firearms | ||||||
3 | importer; or | ||||||
4 | (5) is possessed by a person who received the | ||||||
5 | unserialized unfinished frame or receiver or unserialized | ||||||
6 | firearm through inheritance, and is not otherwise | ||||||
7 | prohibited from possessing the unserialized unfinished | ||||||
8 | frame or receiver or unserialized firearm, for a period | ||||||
9 | not exceeding 30 days after inheriting the unserialized | ||||||
10 | unfinished frame or receiver or unserialized firearm. | ||||||
11 | (i) Penalties. | ||||||
12 | (1) A person who violates subsection (c) or (d) is | ||||||
13 | guilty of a Class A misdemeanor for a first violation and | ||||||
14 | is guilty of a Class 3 felony for a second or subsequent | ||||||
15 | violation. | ||||||
16 | (2) A person who violates subsection (b) is guilty of | ||||||
17 | a Class 4 felony for a first violation and is guilty of a | ||||||
18 | Class 2 felony for a second or subsequent violation. | ||||||
19 | (Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.) | ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law. |